HomeMy WebLinkAboutNCD981021157_19930528_New Hanover County Airport Burn Pit_FRBCERCLA C_Special Notice Letters 1989 - 1993-OCR.
UNITE-~~~s~~viRoN~E~T~~ -~~:~::!.i AGENCY
REGION IV
345 COURTLAND STREET. N.E.
ATLANTA, GEORGIA 30365
4RC
May 28, 1993
SPECIAL NOTICE LETTER
FOR REMEDIAL DESIGN/REMEDIAL ACTION (RD/RA)
URGENT LEGAL MATTER--PROMPT REPLY REQUESTED
CERTIFIED MAIL--RETURN RECEIPT REQUESTED
Mr. Allen O'Neal
County Manager
New Hanover County
City Administration Annex
Room 101
414 Chestnut Street
Wilmington, North Carolina 28401
Re: New Hanover County Airport Burn Pit Site (the Site)
Wilmington, New Hanover County, North Carolina
Dear Mr. O'Neal:
U'(t;.l;~ij~tffJ
JUNO 4 1993
SUPERfllND SEtllON
This letter follows the general notice letter for Removal that
was issued to New Hanover County on March 20, 1990, and the
special notice letter for Remedial Investigation/Feasibility
Study (RI/FS) that was issued to New Hanover County on September
20, 1989, in connection with the above-referenced Site and which
notified New Hanover County of its potential liability, as
defined by Section 107(a) of the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA), 42 U.S.C.
§ 9607(a), as amended.
As the enclosed Record of Decision details, the United States
Environmental Protection Agency (EPA) has documented the release
or threatened release of hazardous substances, pollutants and
contaminants at the above-referenced Site. EPA is considering
spending public funds to abate the release or threatened release
of hazardous substances, pollutants, or contaminants by
undertaking the response actions pursuant to Section 104 of
CERCLA, 42 U.S.C. § 9604, unless EPA determines that such action
will be done properly by a PRP.
The purposes of this letter are as follows: first, to demand
reimbursement of response costs that have been incurred at the
Site, including interest thereon; second, to notify New Hanover
County that a 60-day period of formal negotiations with EPA
automatically begins upon receipt of this special notice letter,
which EPA has deemed to be seven (7) calendar days from the date
Printed on Recycled Paper
• -2 -• of this letter; and third, to provide general and site-specific
documentation in order to assist New Hanover County in the
negotiation process. Such documentation includes a draft Consent
Decree, a draft Scope of Work, and a copy of the Record of
Decision (ROD). EPA reserves the right to make certain
additional changes to the Consent Decree and Scope of Work prior
to finalization of such documents.
NOTICE OF POTENTIAL LIABILITY
Potentially responsible parties (PRPs) under CERCLA include:
the current owners or operators of the Site; persons who at the
time of disposal of hazardous substances owned or operated the
,facility; persons who by contract, agreement, or otherwise
arranged for disposal or treatment, or arranged with a
transporter for disposal or treatment of hazardous substances;
and persons who accept or accepted any hazardous substance for
transport to disposal facilities and selected such facilities.
Under CERCLA and other laws, PRPs may be liable for all funds
expended by the United States government to take necessary
corrective act.ion at a site, including planning, investigation,
cleanup and enforcement activities associated with a site. In
addition, PRPs may be required to pay damages for injury to
natural resources or for their destruction or lose, together with
the cost of assessing such damages.
Based on information received during the investigation of this
Site, EPA believes that New Hanover County is the current
owner/operator of the Site and a responsible party under Section
107(a) of CERCLA, 42 U.S.C. § 9607(a). Before the United States
government undertakes further remedial actions, EPA requests that
the PRPs voluntarily perform the remedial work.
SPECIAL NOTICE AND NEGOTIATION MORATORIUM
EPA encourages good faith negotiations between New Hanover County
and EPA and between New Hanover County and other PRPs regarding
the response actions required at the Site. In accordance with
Section 122(e) of CERCLA, 42 u.s.c. § 9622(e), EPA is providing
as Enclosure A to this letter, a PRP information package which
includes a list of names and addressee of other PRPs receiving
this notification.
EPA has determined that a period of negotiation would facilitate
settlement between EPA and the PRPe. Therefore, pursuant to
Section 122(e) of CERCLA, 42 U.S.C. S 9622(e), a sixty (60) day
moratorium on certain EPA response activities at the Site will
begin seven (7) calendar days from the date of this letter.
During this sixty (60) day period, the PRPe, including New
Hanover County, are invited to participate in formal negotiations
with EPA and to negotiate a settlement providing for the PRPe to
conduct or finance the Remedial Design/Remedial Action (RD/RA) at
this Site. The sixty (60) day negotiation period will be
• - 3 -• continued for an additional sixty (60) days if, within the
initial sixty (60) day period, the PRPs provide EPA with a good
faith offer to conduct or finance the RD/RA. If a settlement is
reached between EPA and the PRPs within the 120-day moratorium
period, the settlement will be embodied in a Consent Decree for
the RD/RA.
Pursuant to Section 122(e)(4) of CERCLA, 42 U.S.C. § 9622(e)(4),
if a good faith offer is not received within the initial sixty
(60) day notice period, EPA may take appropriate action at the
Site. However, EPA reserves the right to take action at any time
at the Site in the event that a significant threat requiring
EPA's immediate response arises.
A good faith offer is a written proposal which demonstrates the
PRPs' qualifications and willingness to conduct or finance the
RD/RA. A good faith offer to conduct or finance the RD/RA will
include the following elements:
1. A statement of willingness by the PRPs to conduct or
finance the RD/RA which is consistent with the draft
Consent Decree provided as Enclosure B to this letter,
the draft Scope of Work provided as Enclosure C to this
letter, the Proposed Plan provided as Enclosure D to
this letter, and the Record of Decision provided as
Enclosure E to this letter, and which provides a
sufficient basis for further negotiations.
2. A response to the terms of the draft Consent Decree and
draft Scope of Work.
3. A demonstration of the PRPs' technical capability to
carry out the RD/RA including the identification of the
firm(s) that would be used to conduct the work or a
description of the process that will be used to select
the firm(s).
4. A demonstration of the PRPs' capability and willingness
to finance the RD/RA.
5. A statement of the PRPs' willingness to reimburse EPA
for costs incurred in overseeing the PRPs' conduct of
t~ RD/RA.
6. The name, address and telephone number of the party or
steering committee who will represent the PRPs in
negotiations.
ADMINISTRATIVE RECORD
Pursuant to Section 113(k) of CERCLA, 42 u.s.c. § 9613 (k), EPA
has established the administrative record which contains
documents that form the basis of EPA's decision on the selection
of a response action for the Site. This administrative record is
• - 4 • open to the public for inspection and comment at the EPA Region
IV Records Center, 345 Courtland Street, N.E., Atlanta, Georgia
30365, and at the New Hanover County Public Library, 210 Chestnut
Street, Wilmington, North Carolina 28401.
DEMAND FOR PAYMENT
In accordance with CERCLA, EPA has already undertaken certain
actions and incurred costs in response to conditions at this
Site. Those response actions include the oversight of the
conduct of the RI/FS and the oversight of the conduct of the
Removal by the PRPs. The cost of the response actions performed
at the Site through EPA funding as of April 30, 1993, is
·approximately $685,048.28. Pursuant to Section 107 of CERCLA,
42 U.S.C. § 9607, EPA hereby demands payment of the above-stated
amount, together with any and all interest recoverable by law.
As stated above, EPA anticipates expending additional funds to
conduct the RD/RA at this Site. Whether EPA funds the entire
RD/RA, or simply incurs costs in overseeing the parties
conducting these response activities, New Hanover County is
potentially liable for these expenditures plus interest.
PRP STEERING COMMITTEE
EPA recommends that all PRPs meet to select a steering committee
responsible for representing the group's interests. Establishing
a manageable group is critical for successful negotiations with
EPA. Alternatively, EPA encourages each PRP to select one person
from its company or organization who will represent its
interests.
PRP RESPONSE AND EPA CONTACT PERSON
Section 122(e) of CERCLA, 42 U.S.C. § 9622(e), provides that New
Hanover County has sixty (60) days to make a good faith offer to
EPA. However, New Hanover County is requested to contact EPA in
writing within twenty (20) calendar days of the date of this
letter to indicate whether New Hanover County wishes to
participate in negotiations to undertake or finance the RD/RA at
this Site. ·
New Hanover County may respond individually or through a steering
committee if such a committee has been formed. The response
should include the appropriate person's name, address and
telephone number for further contact with New Hanover County.
If EPA does not receive a timely response, EPA will assume that
New Hanover County does not wish to negotiate a resolution of its
liabilities in connection with the response, and that New Hanover
County has declined any involvement in performing these response
activities. New Hanover County may be held liable under Section
107 of CERCLA, 42 U.S.C. § 9607, for the cost of the response
• - 5 -• actions which EPA performs at the Site and for any damages to
natural resources.
Your. response to this notice letter should be sent to:
Mr. Mark M. Davis
Assistant Regional Counsel
U.S. Environmental Protection Agency
345 Courtland Street, N.E.
Atlanta, Georgia 30365
404/347-2641 extension 2271
If you have any questions pertaining to this matter, please
direct them to Mr. Davis.
Due to the seriousness of the problem at the Site and the legal
ramifications of your failure to respond promptly, EPA strongly
encourages you to give this matter your immediate attention and
to respond within the time specified above.
Thank you for your cooperation in this matter.
Sincerely,
r 1\ · 1-~
Joseph R. Franzmathes
Director
Waste Management Division
Enclosures
cc: Harriet M. Deal, U.S. Department of Interior
Cheryl Smout, U.S. Department of Justice
bee: Charlie de Saillan, Office of Enforcement
Alicia Corley, Office of Waste Programs Enforcement
UNITE-TATES ENVIRONMENTAL PROTEC!N AGENCY
REGION IV
345 COURTLAND STREET. N.E.
ATLANTA, GEORGIA 30365
4RC
May 28, 1993
SPECIAL NOTICE LETTER
FOR REMEDIAL DESIGN/REMEDIAL ACTION [RD/RA)
URGENT LEGAL MATTER--PROMPT REPLY REQUESTED
.CERTIFIED MAIL--RETURN RECEIPT REQUESTED
Mr. Don Betz
Mayor
City of Wilmington
1110 Castle Street
Wilmington, North Carolina 28401
Re: New Hanover County Airport Burn Pit Site (the Site)
Wilmington, New Hanover County, North Carolina
Dear Mr. Betz:
Kt.Glt~VtU
JUNO 4 19~J
SUPERF/JND SE{,TION
This letter follows the general notice letter for Removal that
was issued to the City of Wilmington on March 20, 1990, and the
special notice letter for Remedial Investigation/Feasibility
Study (RI/FS) that was issued to the City of Wilmington on
September 20, 1989, in connection with the above-referenced Site
and which notified the City of Wilmington of its potential
liability, as defined by Section 107(a) of the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA),
42 U.S.C. S 9607(a), as amended.
As the enclosed Record of Decision details, the United States·
Environmental Protection Agency (EPA) has documented the release
or threatened release of hazardous substances, pollutants and
contaminants at the above-referenced Site. EPA is considering
spending public funds to abate the release or threatened release
of hazardous substan.ces, pollutants, or contaminants by
undertaking the response actions pursuant to Section 104 of
CERCLA, 42 U.S.C. S 9604, unless EPA determines that such action
will be done properly by a PRP.
The purposes of this letter are as follows: first, to demand
reimbursement of response costs that have been incurred at the
Site, including interest thereon; second, to notify the City of
Wilmington that a 60-day period of formal negotiations with EPA
automatically begins upon receipt of this special notice letter,
which EPA has deemed to be seven (7) calendar days from the date
of this letter; and third, to provide general and site-specific
documentation in order to assist the City of Wilmington in the
Printed on Recycled Paper
• -2 -• negotiation process. Such documentation includes a draft Consent
Decree, a draft Scope of Work, and a copy of the Record of
Decision (ROD). EPA reserves the right to make certain
additional changes to the Consent Decree and Scope of Work prior
to finalization of such documents.
NOTICE OF POTENTIAL LIABILITY
Potentially responsible parties (PRPs) under CERCLA include:
the current owners or operators of the Site; persons who at the
time of disposal of hazardous substances owned or operated the
facility; persons who by contract, agreement, or otherwise
arranged for disposal or treatment, or arranged with a
,transporter for disposal or treatment of hazardous substances;
and persons who accept or accepted any hazardous substance for
transport to disposal facilities and selected such facilities.
Under CERCLA and other laws, PRPs may be liable for all funds
expended by the United States government to take necessary
corrective action at a site, including planning, investigation,
cleanup and enforcement activities associated with a site. In
addition, PRPs may be required to pay damages for injury to
natural resources or for their destruction or loss, together with
the cost of assessing such damages.
Based on information received during the investigation of this
Site, EPA believes that the City of Wilmington arranged for the
disposal of hazardous substances at the Site and a responsible
party under Section 107(a) of CERCLA, 42 u.s.c. § 9607(a). ·
Before the United States government undertakes further remedial
actions, EPA requests that the PRPs voluntarily perform the
remedial work.
SPECIAL NOTICE AND NEGOTIATION MORATORIUM
EPA encourages good faith negotiations between the City of
Wilmington and EPA and between the City of Wilmington and other
PRPs regarding the response actions required at the Site. In
accordance with Section 122(e) of CERCLA, 42 U.S.C. § 9622(e),
EPA is providing as Enclosure A to this letter, a PRP information
package which includes a list of names and addresses of other
PRPs receiving this notification.
EPA has determined that a period of negotiation would facilitate
settlement between EPA and the PRPs. Therefore, pursuant to
Section 122(e) of CERCLA, 42 u.s.c. § 9622(e), a sixty (60) day
moratorium on certain EPA response activities at the Site will
begin seven (7) calendar days from the date of this letter.
During this sixty (60) day period, the PRPs, including the City
of Wilmington, are invited to participate in formal negotiations
with EPA and to negotiate a settlement providing for the PRPs to
conduct or finance the Remedial Design/Remedial Action (RD/RA) at
this Site. The sixty (60) day negotiation period will be
continued for an additional sixty (60) days if, within the
• - 3 -• initial sixty (60) day period, the PRPs provide EPA with a good
faith offer to conduct or finance the RD/RA. If a settlement is
reached between EPA and the PRPs within the 120-day moratorium
period, the settlement will be embodied in a Consent Decree for
the RD/RA.
Pursuant to Section 122(e)(4) of CERCLA, 42 U.S.C. § 9622(e)(4),
if a good faith offer is not received within the initial sixty
(60) day notice period, EPA may take appropriate .action at the
Site. However, EPA reserves the right to take action at any time
at the Site in the event that a significant threat requiring
EPA's immediate response arises.
,A good faith offer is a written proposal which demonstrates the
PRPs' qualifications and willingness to conduct or finance the
RD/RA. A good faith offer to conduct or finance the RD/RA will
include the following elements:
1. A statement of willingness by the PRPs to conduct or
finance the RD/RA which is consistent with the draft
Consent Decree provided as Enclosure B to this letter,
the draft Scope of Work provided as Enclosure C to this
letter, the Proposed Plan provided as Enclosure D to
this letter, and the Record of Decision provided as
Enclosure E to this letter, and which provides a
sufficient basis for further negotiations.
2. A response to the terms of the draft Consent Decree and
draft Scope of Work.
3. A demonstration of the PRPs' technical capability to
carry out the RD/RA including the identification of the
firm(s) that would be used to conduct the work or a
description of the process that will be used to select
the firm( s) •
4. A demonstration of the PRPs' capability and willingness
to finance the RD/RA.
5. A statement of the PRPs' willingness. to reimburse EPA
for costs incurred in overseeing the PRPs' conduct of
the RD/RA.
6. The name, address and telephone number of the party or
steering committee who will represent the PRPs in
negotiations.
ADMINISTRATIVE RECORD
Pursuant to Section 113(k) of CERCLA, 42 u.s.c. § 9613 (k) ,, EPA
has established the administrative record which contains
documents that form the basis of EPA's decision on the selection
of a response action for the Site. This administrative record is
open to the public for inspection and comment at the EPA Region
-4 -• • IV Records Center, 345 Courtland Street,-N.E., Atlanta, Georgia
30365, and at the New Hanover County Public Library, 210 Chestnut
Street, Wilmington, North Carolina 28401.
DEMAND FOR PAYMENT
In accordance with CERCLA, EPA has already undertaken certain
actions and incurred costs in response to conditions at this
Site. Those response actions include the oversight of th,9
conduct of the RI/FS and the oversight of the conduct of the
Removal by the PRPs. The cost of the response actions performed
at the Site through EPA funding as of April 30, 1993, is
approximately $685,048.28. Pursuant to Section 107 of CEHCLA,
,42 U.S.C. § 9607, EPA hereby demands payment of the above··stated
amount, together with any and all interest recoverable by law.
As stated above, EPA anticipates expending additional funds to
conduct the RD/RA at this Site. Whether EPA funds the entire
RD/RA, or simply incurs costs in overseeing the parties
conducting these response activities, the City of Wilmington is
potentially liable for these expenditures plus interest.
PRP STEERING COMMITTEE
EPA recommends that all PRPs meet to select a steering committee
responsible for representing the group's interests. Establishing
a manageable group is critical for successful negotiations with
EPA. Alternatively, EPA encourages each PRP to select one person
from its company or organization who will represent its
interests.
PRP RESPONSE AND EPA CONTACT PERSON
Section 122(e) of CERCLA, 42 U.S.C. § 9622(e), provides that the
City of Wilmington has sixty (60) days to make a good faith offer
to EPA. However, the City of Wilmington is requested to co•ntact
EPA in writing within twenty (20) calendar days of the date of
this letter to indicate whether the City of Wilmington wishes to
participate in negotiations to undertake or finance the RD/RA at
this Site.
The City of Wilmington may respond individually or through a
steering committee if such a committee has been formed. The
response should include the appropriate person's name, address
and telephone number for further contact with the City of
Wilmington.
If EPA does not receive a timely response, EPA will assume that
the City of Wilmington does not wish to negotiate a resolution of
its liabilities in connection with the response, and that the
City of Wilmington has declined any involvement in performing
these response activities. The City of Wilmington may be held
liable under Section 107 of CERCLA, 42 u.s.c. § 9607, for the
• -5 -• cost of the response actions which EPA performs at the Site and
for any damages to natural resources.
Your response to this notice letter should be sent to:
Mr. Mark M. Davis
Assistant Regional Counsel
U.S. Environmental Protection Agency
345 Courtland Street, N.E.
Atlanta, Georgia 30365
404/347-2641 extension 2271
If you have any questions pertaining to this matter, please
,direct them to Mr. Davis.
Due to the seriousness of the problem at the Site and the legal
ramifications of your failure to respond promptly, EPA strongly
encourages you to give this matter your immediate attention and
to respond within the time specified above.
Thank you for your cooperation in this matter.
Sincerely,
r<l.-1-~
Joseph R. Franzmathes
Director
Waste Management Division
Enclosures
cc: Harriet M. Deal, U.S. Department of Interior
Cheryl Smout, U.S. Department of Justice
bee: Charlie de Saillan, Office of Enforcement
Alicia Corley, Office of Waste Programs Enforcement
UNITE-TATES ENVIRONMENTAL PROTE!ON AGENCY
REGION IV
345 COURTLAND STREET. N.E.
ATLANTA. GEORGIA 30365
4RC
May 28, 1993
SPECIAL NOTICE LETTER
FOR REMEDIAL DESIGN/REMEDIAL ACTION {RD/RA)
URGENT LEGAL MATTER--PROMPT REPLY REQUESTED
.CERTIFIED MAIL--RETURN RECEIPT REQUESTED
United States Air Force
Department of the Army
Kansas City District, Corps of Engineers
700 Federal Building
Kansas City, Missouri 64106-2896
Re: New Hanover County Airport Burn Pit Site /the Site)
Wilmington, New Hanover County, North Carolina
Dear•Sir:
G'(IE:ttU~ltllJ
JUNO 4 1993
SUPffffflND SftllON
This letter follows the general notice letter for Removal that
was issued to New Hanover County on March 20, 1990, and the
special notice letter for Remedial Investigation/Feasibility
Study (RI/FS) that was issued to New Hanover County on September
20, 1989, in connection with the above-referenced Site and which
notified New Hanover County of its potential liability, as
defined by Section 107(a) of the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA), 42 U.S.C.
§ 9607(a), as amended.
As the enclosed Record of Decision details, the United States
Environmental Protection Agency (EPA) has documented the release
or threatened release of hazardous substances, pollutants and
contaminants at the above-referenced Site. EPA is considering
spending public funds to abate the release or threatened release
of hazardous substances, pollutants, or contaminants by
undertaking the response actions pursuant to Section 104 of
CERCLA, 42 U.S.C. § 9604, unless EPA determines that such action
will be done properly by a PRP.
The purposes of this letter are as follows: first, to demand
reimbursement of response costs that have been incurred at the
Site, including interest thereon; second, to notify the United
States Air Force that a 60-day period of formal negotiations with
EPA automatically begins upon receipt of this special notic,e
letter, which EPA has deemed to be seven (7) calendar days from
the date of this letter; and third, to provide general and
site-specific documentation in order to assist the United States
Printed on Recycled Paper
• -2-.•
Air Force in the negotiation process. Such documentation
includes a draft Consent Decree, a draft Scope of Work, and a
copy of the Record of Decision (ROD). EPA reserves the right to
make certain additional changes to the Consent Decree and Scope
of Work prior to finalization of such documents.
NOTICE OF POTENTIAL LIABILITY
Potentially responsible parties (PRPs) under CERCLA include:
the current owners or operators of the Site; persons who at the
time of disposal of hazardous substances owned or operated the
facility; persons who by contract, agreement, or otherwise
arranged for disposal or treatment, or arranged with a
.transporter for disposal or treatment of hazardous substances;
and persons who accept or accepted any hazardous substance, for
transport to disposal facilities and selected such facilities.
Under CERCLA and other laws, PRPs may be liable for all funds
expended by the United States government to take necessary
corrective action at a site, including planning, investigation,
cleanup and enforcement activities associated with a site. In
addition, PRPs may be required to pay damages for injury to
natural resources or for their destruction or loss, together with
the cost of assessing such damages.
Based on information received during the investigation of this
Site, EPA believes that the United States Air Force is a past
operator at the Site and a responsible party under Section 107(a)
of CERCLA, 42 U.S.C. § 9607(a). Before the United States
government undertakes further remedial actions, EPA requests that
the PRPs voluntarily perform the remedial work.
SPECIAL NOTICE AND NEGOTIATION MORATORIUM
EPA encourages good faith negotiations between the United States
Air Force and EPA and between the United States Air Force and
other PRPs regarding the response actions required at the Site.
In accordance with Section 122(e) of CERCLA, 42 U.S.C. § 9622(e),
EPA is providing as Enclosure A to this letter, a PRP info~nation
package which includes a list of names and addresses of other
PRPs receiving this notification.
EPA has dete~ned that a period of negotiation would facilitate
settlement between EPA and the PRPs. Therefore, pursuant tc,
Section 122(e) of CERCLA, 42 U.S.C. § 9622(e), a sixty (60) day
moratorium on certain EPA response activities at the Site will
begin seven (7) calendar days from the date of this letter.
During this sixty (60) day period, the PRPs, including the United
States Air Force, are invited to participate in formal
negotiations with EPA and to negotiate a settlement providing for
the PRPs to conduct or finance the Remedial Design/Remedial
Action (RD/RA) at this Site. The sixty (60) day negotiation
period will be continued for an additional sixty (60) days i:E,
within the initial sixty (60) day period, the PRPs provide EPA
• - 3 -• with a good faith offer to conduct or finance the RD/RA. If a
settlement is reached between EPA and the PRPs within the 120-day
moratorium period, the settlement will be embodied in a Consent
Decree for the RD/RA.
Pursuant to Section 122(e)(4) of CERCLA, 42 U.S.C. § 9622(e)(4),
if a good faith offer is not received within the initial sixty
(60) day notice period, EPA may take appropriate action at the
Site. However, EPA reserves the right to take action at any time
at the Site in the event that a significant threat requiring
EPA's immediate response arises.
A good faith offer is a written proposal which demonstrates the
,PRPs' qualifications and willingness to conduct or finance the
RD/RA. A good faith offer to conduct or finance the RD/RA will
include the following elements:
1. A statement of willingness by the PRPs to conduct or
finance the RD/RA which is consistent with the draft
Consent Decree provided as Enclosure B to this letter,
the draft Scope of Work provided as Enclosure C to this
letter, the Proposed Plan provided as Enclosure D to
this letter, and the Record of Decision provided as
Enclosure E to this letter, and which provides a
sufficient basis for further negotiations.
2. A response to the terms of the draft Consent Decree and
draft Scope of Work.
3. A demonstration of the PRPs' technical capability to
carry out the RD/RA including the identification of the
firm(s) that would be used to conduct the work or a
description of the process that will be used to select
the firm( s) •
4. A demonstration of the PRPs' capability and willingness
to finance the RD/RA. ·
5. A statement of the PRPs' willingness to reimburse EPA
for costs incurred in overseeing the PRPs' conduct of
the RD/RA.
6. The name, address and telephone number of the party or
steering committee who will represent the PRPs in
negotiations.
ADMINISTRATIVE RECORD
Pursuant to Section 113(k) of CERCLA, 42 u.s.c. § 9613 (k), EPA
has established the administrative record which contains
documents that form the basis of EPA's decision on the selection
-of a response action for _the Site. This administrative record is
open to the public for inspection and comment at the EPA Region
IV Records Center, 345 Courtland Street, N.E., Atlanta, Georgia
• - 4 -• 30365, and at the New Hanover County Public Library, 210 Chestnut
Street, Wilmington, North Carolina 28401.
DEMAND FOR PAYMENT
In accordance with CERCLA, EPA has already undertaken certain
actions and incurred costs in response to conditions at this
Site. Those response actions include the oversight of the
conduct of the RI/FS and the oversight of the conduct of the
Removal by the PRPs. The cost to date of the response actions
performed at the Site through EPA funding as of April 30, 1993,
is approximately $685,048.28. Pursuant to Section 107 of CERCLA,
42 U.S.C. S 9607, EPA hereby demands payment of the above-stated
.amount, together with any and all interest recoverable by law.
As stated above, EPA anticipates expending additional funds to
conduct the RD/RA at this Site. Whether EPA funds the entire
RD/RA, or simply incurs costs in overseeing the parties
conducting these response activities, the United States Air Force
is potentially liable for these expenditures plus interest.
PRP STEERING COMMITTEE
EPA recommends that all PRPs meet to select a steering committee
responsible for representing the group's interests. Establishing
a manageable group.is critical for successful negotiations with
EPA. Alternatively, EPA encourages each PRP to select one person
from its company or organization who will represent its
interests.
PRP RESPONSE AND EPA CONTACT PERSON
Section 122(e) of CERCLA, 42 U.S.C. § 9622(e), provides that the
United States Air Force has sixty (60) days to make a good faith
offer to EPA. However, the United States Air Force is requested
to contact EPA in writing within twenty (20) calendar days of the
date of this letter to indicate whether the United States Air
Force wishes to participate in negotiations to undertake or
finance the RD/RA at this Site.
The United States Air Force may respond individually or through a
steering committee if such a committee has been formed. The
response should include the appropriate person's name, address
and telephone number for further contact with the United States
Air Force.
If EPA does not receive a timely response, EPA will assume that
the United States Air Force does not wish to negotiate a
resolution of its liabilities in connection with the response,
and that the United States Air Force has declined any involvement
in performing these response activities. The United States Air
Force may be held liable under Section 107 of CERCLA, 42 u.s.c.
S 9607, for the cost of the response actions which EPA performs
at the Site and for any damages to natural resources.
I •
- 5 -• actions which EPA !forms
natural resources.
at the Site and·for any damages to
Your response to this notice letter should be sent to:
Mr. Mark M, Davis
Assistant Regional Counsel
U.S. Environmental Protection Agency
345 Courtland Street, N,E.
Atlanta, Georgia 30365
404/347-2641 extension 2271
If you have any questions pertaining to this matter, please
direct them to Mr. Davis.
Due to the seriousness of the problem at the Site and the legal
ramifications of your failure to respond promptly, EPA strongly
encourages you to give this matter your immediate attention and
to respond within the time specified above.
Thank you for your cooperation in this matter.
Sincerely,
r fl.-=,-~
Joseph R, Franzmathes
Director
Waste Management Division
Enclosures
cc: Harriet M. Deal, U.S. Department of Interior
Cheryl Smout, U.S. Department of Justice
bee: Charlie de Saillan, Office of Enforcement
Alicia Corley, Office of Waste Programs Enforcement
UNIT.TATES ENVIRONMENTAL PROTE,ON AGENCY
REGION IV
345 COURTLAND STREET, N.E.
ATLANTA, GEORGIA 30365
4RC
May 28, 1993
SPECIAL NOTICE LETTER
FOR REMEDIAL DESIGN/REMEDIAL ACTION (RD/RA) URGENT LEGAL MATTER--PROMPT REPLY REQUESTED
CERTIFIED MAIL--RETURN RECEIPT REQUESTED
Dr. Richard C. Conrath
President
Cape Fear Community College
411 North Front Street
Wilmington, North Carolina 28401
Re: New Hanover County Airport Burn Pit Site (the Site) Wilmington, New Hanover County, North Carolina
Dear Dr. Conrath:
lr(rt;.tltJ~tU
JUN O 4: l!;l!;lJ
SUPERfllND S[{.TION
This letter follows the general notice letter for Removal that was issued to Cape Fear Community College on March 20, 1990, and the special notice letter for Remedial Investigation/Feasib_ility Study (RI/FS) that was issued to Cape Fear Community College, through its predecessor Cape Fear Technical Institute Foundation Inc., on September 20, 1989, in connection with the above-referenced Site and which notified Cape Fear Community College of its potential liability, as defined by Section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 u.s.c. § 9607(a), as amended.
As the enclosed Record of Decision details, the United States Environmental Protection Agency (EPA) has documented the release or threatened release of hazardous substances, pollutants and contaminants at the above-referenced Site. EPA is considering spending public funds to abate the release or threatened release of hazardous substances, pollutants, or contaminants by undertaking the response actions pursuant to Section 104 of CERCLA, 42 U.S.C. § 9604, unless EPA determines that such action will be done properly by a PRP.
The purposes of this letter are as follows: first, to demand reimbursement of response costs that have been incurred at the Site, including interest thereon; second, to notify Cape Fear Community College that a 60-day period of formal negotiations with EPA automatically begins upon receipt of this special notice letter, which EPA has deemed to be seven (7) calendar days from the date of this letter; and third, to provide general and site-specific documentation in order to assist Cape Fear
Printed on Recycled Paper
• -2 -• Community College in the negotiation process. Such documentation
includes a draft Consent Decree, a draft Scope of Work, and a
copy of the Record of Decision (ROD). EPA reserves the right to
make certain additional changes to the Consent Decree and Scope_
of Work prior to finalization of such documents.
NOTICE OF POTENTIAL LIABILITY
Potentially responsible parties (PRPs) under CERCLA include:
the current owners or operators of the Site; persons who at the
time of disposal of hazardous substances owned or operated the
facility; persons who by contract, agreement, or otherwise
arranged for disposal or treatment, or arranged with a
,transporter for disposal or treatment of hazardous substances;
and persons who accept or accepted any hazardous substance for
transport to disposal facilities and selected such facilities.
Under CERCLA and other laws, PRPs may be liable for all funds
expended by the United States government to take necessary
corrective action.at a site, including planning, investigation,
cleanup and enforcement activities associated with a site. In
addition, PRPs may be required to pay damages for injury to
natural resources or for their destruction or loss, together with
the cost of assessing such damages.
Based on information received during the investigation of this
Site, EPA believes that Cape Fear Community College County was an
operator at the Site and a responsible party under Section 107(a)
of CERCLA, 42 U.S.C. § 9607(a). Before the United States ·
government undertakes further remedial actions, EPA requests that
the PRPs voluntarily perform the remedial work.
SPECIAL NOTICE AND NEGOTIATION MORATORIUM
EPA encourages good faith negotiations between Cape Fear
Community College and EPA and between Cape Fear Community College
and other PRPs regarding the response actions required at the
Site. In accordance with Section 122(e) of CERCLA, 42 U.S.C.
§ 9622(e), EPA is providing as Enclosure A to this letter, a PRP
information package which includes a list of names and addresses
of other PRPs receiving this notification.
EPA has determined that a period of negotiation would facilitate
settlement between EPA and the PRPs. Therefore, pursuant to
Section 122(e) of CERCLA, 42 U.S.C. § 9622(e), a sixty (60) day
moratorium on certain EPA response activities at the Site will
begin seven (7) calendar days from the date of this letter.
During this sixty (60) day period, the PRPs, including Cape Fear
Community College, are invited to participate in formal
negotiations with EPA and to negotiate a settlement providing for
the PRPs to conduct or finance the Remedial Design/Remedial
Action (RD/RA) at this Site. The sixty (60) day negotiation
period will be continued for an additional sixty (60) days if,
within the initial sixty (60) day period, the PRPs provide EPA
( ' • • - 3 -• with a good faith offer to conduct or finance the RD/RA. If a
settlement is reached between EPA and the PRPs within the 120-day
moratorium period, the settlement will be embodied in a Consent
Decree for the RD/RA.
Pursuant to Section 122(e)(4) of CERCLA, 42 U.S.C. § 9622(e)(4),
if a good faith offer is not received within the initial sixty
(60) day notice period, EPA may take appropriate action at the
Site. However, EPA reserves the right to take action at any time
at the Site in the event that a significant threat requiring
EPA's immediate response arises.
A good faith offer is a written proposal which demonstrates the
·PRPs' qualifications and willingness to conduct or finance the
RD/RA. A good faith offer to conduct or.finance the RD/RA will
include the following elements:
1. A statement of willingness by the PRPs to conduct or
finance the RD/RA which is consistent with the draft
Consent Decree provided as Enclosure B to this letter,
the draft Scope of Work provided as Enclosure C to this
letter, the Proposed Plan provided as Enclosure D to
this letter, and the Record of Decision provided as
Enclosure E to this letter, and which provides a
sufficient basis for further negotiations.
2. A response to the terms of _the draft Consent Decree and
draft Scope of Work.
3. A demonstration of the PRPs' technical capability to
carry out the RD/RA including the identification of the
firm(s) that would be used to conduct the work or a
description of the process that will be used to select
the firm(s).
4. A demonstration of the PRPs' capability and willingness
to finance the RD/RA.
5. A statement of the PRPs' willingness to reimburse EPA
for costs incurred in overseeing the PRPs' conduct of
the RD/RA.
6. The name, address and telephone number of the party or
steering committee who will represent the PRPs in
negotiations.
ADMINISTRATIVE RECORD
Pursuant to Section 113(k) of CERCLA, 42 u.s.c. § 9613 (k), EPA
has established the administrative record which contains
documents that form the basis of EPA's decision on the selection
of a response action for the Site. This administrative record is
open to the public for inspection and comment at the EPA Region
IV Records Center, 345 Courtland Street, N.E., Atlanta, Georgia
• 30365, and at the New Hanover County Pubiic
Street, Wilmington, North Carolina 28401.
-4 -• Library, 210 Chestnut
DEMAND FOR PAYMENT
In accordance with CERCLA, EPA has already undertaken certain
actions and incurred costs in response to conditions at this
Site. Those response actions include the oversight of the
conduct of the RI/FS and the oversight of the conduct of the
Removal by the PRPs. The cost to the response actions performed
at the Site through EPA funding as of April 30, 1993, is
approximately $685,048.28. Pursuant to Section 107 of CERCLA,
42 U.S.C. § 9607, EPA hereby demands payment of the above-stated
.amount, together with any and all interest recoverable by law.
As stated above, EPA anticipates expending additional funds to
conduct the RD/RA at this Site. Whether EPA funds the entire
RD/RA, or simply incurs costs in overseeing the parties
conducting these response activities, Cape fear Community College
is potentially liable for these expenditures plus interest.
PRP STEERING COMMITTEE
EPA recommends that all PRPs meet to select a steering committee
responsible for representing the group's interests. Establishing
a manageable group is critical for successful negotiations with
EPA. Alternatively, EPA encourages each PRP to select one person
from its company or organization who will represent its
interests.
PRP RESPONSE AND EPA CONTACT PERSON
Section 122(e) of CERCLA, 42 U.S.C. § 9622(e), provides that Cape
fear Community College has sixty (60) days to make a good faith
offer to EPA. However, Cape Fear Community College is requested
to contact EPA in writing within twenty (20) calendar days of the
date of this letter to indicate whether Cape Fear Community
College wishes to participate in negotiations to undertake or
finance the RD/RA at this Site.
Cape Fear Community College may respond individually or through a
steering committee if such a committee has been formed. The
response should include the appropriate person's name, address
and telephone number for further contact with Cape Fear Community
College.
If EPA does not receive a timely response, EPA will assume
that Cape Fear Community College does not wish to negotiate a
resolution of its liabilities in connection with the response,
and that Cape Fear Community College has declined any
involvement in performing these response activities. Cape
Fear Community College may be held liable under Section
107 of CERCLA, 42 U.S.C. § 9607, for the cost of the response
-5 -• Your response to th! notice letter should ·be sent to:
Mr. Mark M. Davis
Assistant Regional Counsel
U.S. Environmental Protection Agency
345 Courtland Street, N.E.
Atlanta, Georgia 30365
404/347-2641 extension 2271
If you have any questions pertaining to this matter, please
direct them to Mr. Davis.
Due to the seriousness of the problem at the Site and the legal
ramifications of your failure to respond promptly, EPA strongly
encourages you to give this matter your immediate attention and
to respond within the time specified above.
Thank you for your cooperation in this matter.
Sincerely,
~~~~
Joseph R. Franzmathes
Director
Waste Management Division
Enclosures
cc: Harriet M. Deal, U.S. Department of Interior
Cheryl Smout, U.S. Department of Justice
bee: Charlie de Saillan, Office of Enforcement
Alicia Corley, Office of Waste Programs Enforcement
OCT 1 a 1989
4WD-SFB
Mr. Jack Butler
NCDHR
P.O. Box 2091
401 Oberlin Road
• •
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
345 COURTLAND STREET. N.E.
ATLANT.A. GEORGIA 30365
Raleigh, North Carolina 27602
RE: New Hanover County Airport Burn Pit Site
Wilmington, North Carolina
Dear Mr. Butler:
Please find enclosed a copy of one of the notice letters sent to the
PRPs at the subject site. Once again, I apologize for your not
having gotten your copies. I have also enclosed the fact sheet with
the identities of the PRPs that received notice and a copy of the
draft order. I hope someone from your office will be able to attend
the October 26, 1989 meeting in Wilmington to discuss the site.
Please let me know who from your office will attend so I can
coordinate the meeting with that person. Also, if I you have any
questions, please call me at (404) 347-7791.
Michelle Glenn
Remedial Project Manager
Enclosures ,._. O.,\
cc: Charlotte Varlashkin, NCDHR ( ~ v ~
'i•
SEP 2 o 1989
4WD-SFB
CERI'IFIED MAIL
RE.TuRN RECEIPT ~ESTED
The Honorable Sany Williams
City of Wilmington, NC
1110 castle Str.eet
Wilmington, NC 28401
RE: New Hanover Count Bum Pit Site
Wilmington, North Carolina
Dear Mayot: Williams:
The United States Environmental Pwtection Agency (EPA) is considering
spendfng public funds to respond to the release and threatened release of hazardous ·substances, pollutants, and contaminants at the New Hanover County Burn Pit Site, (hereinafter referred to as the Site). The Site consists of fcur acres located west of the New Han:>ver County Airport in Wilmington, North Carolina. '!he turn pit area is located an Gardner Dr.ive appt:oximately one mile north of Smith Creek and less than t..o miles east of the northeast cape Feat: River. As reflected in information from EPA' s files, the Site was used as a training facility by a number c;>f fire departments in the New Ha.noqer County vicinity from the late 1960s until the late 1970s. This action will be taken pursuant to Section 104 and other provisions of the COmprehensive Environmental Response; Compensation, and Liability Act of 1980 (CEPCI.A), 42 u.s.c. 9601 et ..5. as amen::led by the Super.furxl 1\Jnen3ments and Reauthorization
Act (SARA) (P.L. 99-499), unless EPA determines that such action will be• properly performed by a respa1Sible party.
The New Hanover Ccmlty Burn Pit Site was placed on the National Priorities List (NFL) in· Marcil 1989. EPA is mandated by Congress to develop and implement a Remedial Investigation for every site on the NPL in order to determine the nature and extent of contamination. The EPA has documented the release of hazardous substances, p::>llutants, or · contaminants at the Site. These hazardous substances :include but are \ not limited to arsenic, barium, cadmium, chromium, lead, mercury, volatile organic CXllllp(lllrXls and p::>ly-aromatic hydrocarbons.
nus letter serves three basic functions. First, it a:intains a formal demaoo for reimbursement of costs that have been incurred, including interest thereon, and that are expected to be incurred, whicil are subject to interest, in reSpcr!Se to the
• •
-2-
health/environmental concerns at the subject Site. Second, this
letter notifies you that a 6~ay period of fo=al negotiations with
the Environmental Protection Agency (EP1'.) will begin at the date
.specified in this letter. -'lhird, this letter provides general and
site-specific information to assist you in these negotiations.
NOTICE OF POTllITIAL LIABILITY
EPA has infonnation indimting that you may be a PRP as defined at
Section 107(a) of the Comprehensive Enviroomental Response,
Compensation and Liability Act, 42 u.s.c. 9607(a), as ameooed
(CERCTA), with respect to this site. Resp:,nsible parties include
current and former owners or. operators of the site and persons.who
arranged for treatment or disposal of hazardous substances at the
site, or. transporters who chose the site for treatment or. disposal.
SPECIAL NOTICE AND NEGCII'IATIOO ~RA'IORIUM
EPA has determined that use of the Section 122(e) special notice
procedures sr:ecified in CERCLJ\ will facilitate a settlement between
EPA and PRPs for. this Site. Therefor.e, as pr.ovided for by CERCLA
Section 122, the sixty (60) day rroratorium on certain EPA r.esponse
activities at the site will begin on September 22, 1989. During this
60--day period, the PRPs, including you, are invited to participate in
formal negotiations with EPA. You are also encouraged to voluntarily
negotiate a settlement pr.oviding for the PRPs, including }'Ollrself, to
conduct or finance the respcnse activities required at the site. The
60-da.y negotiation period ends an November. 21, 1989. The 6Q-day
negotiation moratorium will be exterxled for an additional 30 days if
PRPs provide EPA with a good faith offer to c:onduct or finance the
remedial investigation/feasibility study (RI/FS). Should a 9D--day
negotiation roratorium take place, negotiations will conclude on
December 22, 1%"'9. If settlement is reached between EPA and the PRPs
within the 90-day negotiation iroratorium, the settlement will be
embodied in a consent order for an RI/FS.
FtmJRE RESPCl."IBE ACTIOOS
EPA plans to conduct the following resp:nse activities at the site:
l. Development of a wor.k plan for an RI/PS;
2. Conducting the RI/F'S;
3. Any other measures which may be necessary i:o abate hazar.da
posed by the Site.
•
• •
-3-
w:lRK PLAN AND DAAFI' a::t<"SENI' ORDER
A COf.Yi of EPA' s RI/FS guidance and dr.aft consent orde.r are attached.
"fuis is provided to assist you and .other Pl11?s _in developing a geed
faith offer for conducting the RI/FS.
GOOD FAITtl OFFER
As indicated, the 60-<lay negotiation mor.ator.ium tr.igger.ed by this
letter is extended for 30 days if the PRPs submit a good faith offer
to EPA. A good faith offer to conduct_ or finance the PJ./FS is a_
written pr.oposal that demonstrates the PRPs' qualifications and
willingness toccnduct or finance the PJ./FS and includes the
follOding elements:
1. A statement of willingness by the PRPs to oonduct or finance
the RI/FS which is consistent with EPA' s RI/FS guidance and
draft administrative oi:-der and provides a sufficient basis
for further negotiations~
2. A response to EPA's draft consent order.
3. A detailed description of the wor.k plan identifying how the
PRPs plan to pr=eed with the work.
4. A demonstration of the PRPs' technical capability to ca:r:r.y
·out the RI/FS including the identification of the fir.m(s)
that may actually conduct the ...ark or a description of the
process they will use to select the firm(s}.
5. A demonstration of the PRPs' capability to finance the RI/FS.
6. A statement of willingness by the PRPs to reimburse EPA for
costs incurred in overseeing the PRPs' caiduct of the RI/FS.
7. · The name, address, and phone number of the party or steering
committee who will represent the PRPs in negotiations.
DEMAND roR PAYMENI'
With this letter, EPA demands that you reimburse EPA for its costs
incurred to date, and en=rages you to.voluntarily negotiate a
consent order in which you and other. PRPs agree to perform the RI/FS.
In accordance with CERCI.A, EPA already has undertaken certain action
and incurred cer.tain =sts in response to conditions at the Site.
These response actions include conducting a potentially responsible
party search and.ranking the Site for inclusion on the National
• •
-4--
Pr.iorities List. The =st to date of the response actions performed
at the site through EPA funding is appr.oximately $20,000 for. direct
and indirect costs. In accordance with Sect.ion 107(a) of CERCLA,
demand is hereby made for. payment of the above alIOl.l!lt plus any and
all interest. r.ecoverable under Section 107 or. under any other
provisions of law.
As indicated above, EPA anticipates eiq::en<ling additional funds for.
the RI/FS. Whether EPA funds the entire RI/FS, or. simply incurs
costs by over.seeing the parties conducting these response activities,
you ar.e potentially liable for these expenditures plus interest.
PRP STEERING 0J,.'~lI'ITEE
EPA recommends that all PRPs meet to select a steering committee
responsible for representing the group's interests. Establishing a
manageable gr.cup is critical for successful negotiations with EPA.
Alter.natively, EPA encourages each PFP to select one per.son fr.om its
company or organization who will.represent its interests.
AJ:t1INISTRATIVE RECORD
Pursuant to CERClA Section 113(k). EPA must establish an
administrative record that contains documents that form the basis of
EPA's decision on the selection of a r.esponse action f= a site. The
administrative record files, which contain the documents related to
the response action selected f= this site will be available to the
public for inspection and connnent. The primary location is generally
the EPA Regional office. Another. location will be established near
the site.
PRP RE.5PCNSE AND EPA a:iN'mCT PERSON
You are encouraged to contact EPA by September 20, 1989 to indicate
your willingness to participate in future negotiations at this site.
You may respond individually or. through a steering committee if such
a committee has been for.med. You have sixty (60) calendar days from
this notice to provide EPA with a gooo faith offer. demonstrating your
willingness to perf=m the RI/FS. If EPA does not receive a timely
response, EPA will assume that you do not wish to negotiate a .
resolution of your liabilities in cnnnection with the r.esponse, and
that you have declined any involvement in per.f=ming the response
activities. You may be held liable by EPA under. Section 107 of
CERCLA for the cost of the r.espcnse activities EPA per.for.ms at the
site and for any damages to natural resources.
; ...,,
• •
-5-
Your response to this notice letter should be sent to:
U.S,. Envir.crunental Protection Agency Region IV
Michelle M. Glenn
Super.fund Project Manager
345 Courtland Street, NE
Atlanta, GA 30365
The factual arrl legal discussions contained in this letter are intended solely for. notification and information pur.poses. They are not intended to be and cannot be relied upon as final EPA posit.ions on any matter set for.th herein.
If you have any questions pertaining to this matter, please direct them to Ms. Glenn at 404/347-7791 or. Ms. Sally 1".ozley, Assistant Regional Counsel, at 404/347-2641.
Sincerely,
Isl Patric!, M. Tobin
Patrick M. Tobin
Director
waste Management Division
Enclosure
cc: Jack Butler, North Carolina
bcc:Sally Mozley, ORC
. KJ~+;~ L-Michelle Glenn/08-29-89/NS'/IJP!iffi/Michelle Glenn Disk #4 ----:~
lli'1 r 0
~,~li\ ~ 1
1:\
TOBIN
•
I, • • RECEIVED
SEP 2 5 1989
UNITED STATES ENVIRONMENTAL PROTECTION AGE~oy
REGION I V PERFUND Bl?ANCH
4WD -SFB
CERrIFIED MAIL
REI'URN RECEIPT REQUESTED
Mr. J.M. Macleod
345 COURTLAND STREET. N.E.
ATLANTA. GEORGIA 30365
SEP 2 o 1989
Cape Fear. Technical Institute Foundation
411 Nor.th Front Street
Wilmington, NC 28403
RE: New Hanover Count Burn Pit Site
Wilmington, North Carolina
Dear Mr. Maclec:rl:
The United States Environmental Protection Agency (EPA) is considering
spending public funds to respond to the release and threatened release
of hazardous substances, pollutants, and contaminants at the New Hanover
County Burn Pit Site, (hereinafter. .refer.red to as the Site). The Site
=nsists of four. acres located west of the New Hanover County Air.port in
Wilmington, North Carolina. 'I'ne burn pit area is located on Gardner.
Drive approximately one mile north of Smith Creek and less than two
miles east of the northeast Cape Fear River. As reflected in
information from EPA's files, the Site was used as a training facility
by a nwnber of fir.e departments in the New Hanover. County vicinity from
the late 1960s until the late 1970s. This action will be taken pursuant
to Section 104 and other provisions of the Compr.ehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), 42 u.s.c.
9601 et seq. as amended by the Super.fund Amendments and Reauthorization
Act (SARAJ(P.L. 99-499), unless EPA determines that such action will be
properly performed by a responsible par.ty.
The New Hanover. County Bum Pit Site was placed on the National
Prior.ities List (NPL) in March 1989. EPA is mandated by Congress to
develop and implement a Remedial Investigation for every site on the NPL
in order to deter.mine the natur.e and extent of contamination. The EPA
has documented the r.elease of hazar.dous substances, pollutants, or
=ntaminants at the Site. These hazar,dous substances include but are
not limited to arsenic, barium, cadmium, chr.omium, lead, mercury,
volatile organic =mpounds and poly-aromatic hydrocarbons.
This letter serves thr.ee basic functions. First, it =ntains a formal
demand for reimbursement of =sts that have been incur.red, including
inter.est thereon, and that are expected to be incurred, which ar.e
subject to inter.est, in response to the
• •
-2-
health/envfronmental concerns at the subject Site. Second, this
letter notifies you that a 60-day period of formal negotiations with
the Environmental Protection Agency (EPA) will begin at the date
specified in this letter. Third, this letter provides general and
site-specific information to assist you in these negotiations,
NarICE OF ParENTIAL LIABILITY
EPA has information indicating that you may be a PRP as defined at
Section 107(a) of the Comprehensive Environmental Response,
Compensation and Liability Act, 42 u.s.c. 9607(a), as amended
(CERCI.A), with respect to this site. Responsible parties include
current and former owners or operators of the site and persons who
arranged for. treatment or disposal of hazardous substances at the
site, or transporters who chose the site for treatment or disposal.
SPECIAL NarICE AND NEGOJ'IATION M'.lRATORIUM
EPA has determined that use of the Section 122(e) special notice
pr=edures specified _in CERCLA will facilitate a settlement between
EPA and PRPs for this Site. Therefore, as provided for by CERCI.A
Section 122, the sixty (60) day Il'Oratorium on certain EPA response
activities at the site will begin on September 22, 1989. Dur.ing this
60-day period, the PRPs, including you, are invited to participate in
formal negotiations with EPA. You ar.e also encouraged to voluntarily
negotiate a settlement providing for the PRPs, including your.self, to
conduct or finance the response activities required at the site. The
60-day negotiation per.iod ends on November 21, 1989. The 60-day
negotiation moratorium will be extended for an additional 30 days if
PRPs provide EPA with a good faith offer to conduct or finance the
remedial investigation/feasibility study (RI/FS). Should a 90-day
negotiation Il'Or.ator.ium take place, negotiations will conclude on
December 22, 1989. If settlement is reached between EPA and the PRPs
within the 90-day negotiation !OClr.atorium, the settlement will be
embodied in a consent or.der for an RI/FS.
FU'IURE RESPCNSE ACTIONS
EPA plans to conduct the following response activities at the site:
1. Development of a work plan for an RI/FS;
2. Conducting the RI/FS;
3. Any other measures which may be necessary to abate hazards
posed by the Site.
• •
-3-
w:::JRK PLAN AND DRAFT COOSENT ORDER
A copy of EPA's RI/FS guidance and draft consent order. are attached.
This is provided to assist you and other. PRPs in developing a good ·
faith offer. for. conducting the RI/FS.
GCOD FAITH OFFER
As indicated, the 6Q-day negotiation moratorium tr.igger.ed by this
letter. is extended for. 30 days if the PRPs submit a good faith offer.
to EPA. A good faith offer. to conduct or. finance the RI/FS is a
written proposal that demonstrates the PRPs' qualifications and
willingness to conduct or. finance the RI/FS and includes the
follo.-,ing elements:
1. A statement of willingness by the PRPs to conduct or. finance
the RI/FS which is consistent with EPA' s RI/FS guidance and
draft administrative order. and provides a sufficient basis
for. further. negotiations.
2. A response to EPA's draft consent order..
3. A detailed description of the work plan identifying how the
PRPs plan to proceed with the work.
4. A demonstration of the PRPs' technical capability to carry
out the RI/FS including the identification of the fir.m(s)
that may actually conduct the work or a description of the
process they will use to select the fir.m(s).
5. A demonstration of the PRPs' capability to finance the RI/FS.
6. A statement of willingness by the PRPs to reimburse EPA for
costs incurred in over.seeing the PRPs' conduct of the RI/FS.
7. The name, address, and phone number. of the party or steering
committee who will represent the PRPs in negotiations.
DEMAND FOR PAYMENT
With this letter., EPA demands that you reimburse EPA for its costs
incur.red to date, and encourages you to voluntarily negotiate a
consent order. in which you and other. PRPs agree to perform the RI/FS.
In accordance with CERCIA, EPA already has undertaken certain action
and incurred certain costs in response to conditions at the Site.
These response actions include conducting a potentially responsible
party sear.ch and ranking the Site for inclusion on the National
• •
-4-
Priorities List. The cost to date of the response actions performed
at the site through EPA funding is approximately $20,000 for direct
and indirect costs. In accordance with Section 107(a) of CERCI.A,
demand is hereby made for payment of the ab::>ve amount plus any and
all inter.est r.ecover:able urrler. Section 107 or: under: any other.
pr:ovisions of law.
As indicated above, EPA anticipates expending additional funds for
the RI/FS. Wnether EPA funds the entire RI/FS, or simply in=s
costs by over:seeing the par:ties conducting these response activities,
you ar.e potentially liable for: these expenditures plus interest.
PRP srEERING COM-1ITI'EE
EPA recommends that all ?RPs meet to select a steering =mmittee
r.esponsible fo.r. representing the group' s inter.es ts. Establishing a
manageable group is critical for. successful negotiations with EPA.
Alternatively, EPA encour:ages each PRP to select one per:son from its
company or or.ganization who will repr.esent its inter.ests.
ADMINISTRATIVE RECORD
Pursuant to CERCLA Section 113 (k), .EPA must establish an
administrative recor.d that =ntains documents that for.m the·basis of
EPA's decision on the selection of a response action for. a site. The
administr.ative recor:d files, which =ntain the documents related to
the r:esponse action selected for this site will be available to the
public for. inspection and =mment. The primary location is generally
the EPA Regional office. Another. location will be established near
the site.
PRP RESPONSE AND EPA CXJNTACT PERSON
You are en=ur.aged to =ntact EPA by September 20, 1989 to indicate
your willingness to participate in future negotiations at this site.
You may respond individually or through a steering =mmittee if.such
a committee has been for.med. You have sixty (60) calendar days from
this notice to provide EPA with a good faith offer. demonstrating your
willingness to per.form the RI/FS. If EPA does not receive a timely
response, EPA will assume that you do not wish to negotiate a
resolution of your liabilities in =nnection with the response, and
that you have declined any involvement in per.forming the response
activities. You may be held liable by EPA undet: Section 107 of
CERCIA for the =st of the response activities EPA perfot:ms at the
site and for any damages to natur.al resources.
• •
-5-
Your r.esponse to this notice letter. should be sent to:
U.S. Envir.onmental Pr.otection Agency
Region IV
Michelle M. Glenn
Super.fund Project Manager
345 Courtland Street, NE
Atlanta, GA 30365
The factual and legal discussions contained in this letter. ar.e intended solely for. notification and information purposes. They ar.e not intended to be and cannot be relied upon as final EPA positions on any matter. set for.th herein.
If you have any questions pertaining to this matter., please direct them to Ms. Glenn at 404/347-7791 or Ms. Sally Mozley, Assistant Regional Counsel, at 404/347-2641.
Sincerely,
~ (rf1o1Jw0
Patrick M. Tobin
Director
waste Management Division
Enclosure
cc: Jack Butler., North Carolina
• • RECEIVED
SEP 2 5 1989
UNITED ST ATES ENVIRONMENTAL PROTECTION A"'E1]l~fy
:SUl'dt UNO BRANCH
4WD-SFB
CERI'IFIED MAIL
RE"I'URN RECEIPT RE(XJESTED
Mr. Rober.t c. Mcx:>r.e
Senior. Counsel
c.s.x. Tr.anspor.tation Inc.
500 Water. Str.eet
Speed Ccxle J-150
Jacksonville, FL 32202
REGION IV
345 COURTLAND STREET. N.E.
ATLANTA. GEORGIA 30365
SEP 2 0 1989
RE: New Hanover. Count Burn Pit Site
Wilmington, Nor.th Car.olina
Dear. Mr. • Mcx:>r. e :
The United States Environmental Pr.otection Agency (EPA) is consider.ing
spending public funds to respond to the r.elease and threatened release
of hazardous substances, pollutants, and contaminants at the New Hanover
County Bum Pit Site, (hereinafter. refe.r..red to as the Site). The Site
consists of four. acres located west of the New Hanover County Airpor.t in
Wilmington, Nor.th Carolina. The burn pit ar.ea is located on Gardner
Drive approximately one mile nor.th of Smith Cr.eek and less than two
miles east of the northeast Cape Fear. River.. As reflected in
information from EPA's files, the Site was used as a tr.aining facility
by a number of fi.re departments in the New Hanover County vicinity fr.om
the late 1960s until the late 1970s. This action will be taken pursuant
to Section 104 and other pr.ovisions of the Compr.ehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCIA), 42 u.s.c.
9601 et~-as amended by the Super.fund Amendments and Reauthor.ization
Act (sARAr-(P.L. 99-499), unless EPA determines that such action will be
pr.oper.ly per.for.med by a responsible par.ty.
The New Hanover County Burn Pit Site was placed on the National
Pr.ior.ities List (NPL) in Mar.ch 1989. EPA is mandated by Congress to
develop and implement a Remedial Investigation for every site on the NPL
in order to deter.mine the nature and extent of contamination. The EPA
has documented the release of hazardous substances, pollutants, or.
contaminants at the Site. These hazar.dous substances include but ar.e
not limited to arsenic, bar.ium, cadmium, chromium, lead, mercury,
volatile or.ganic compounds and poly-aromatic hydr.ocar.bons.
This letter. ser.ves thr.ee basic functions. Fir.st, it contains a formal
demand for reimbursement of costs that have been incurred, including
inter.est thereon, and that ar.e expected to be incur.red, which are
subject to interest, in response to the
• •
-2-
health/environmental concerns at the subject Site. Second, this
letter notifies you that a 60--<lay period of formal negotiations with
the Environmental Protection Agency (EPA) will begin at the date
specified in this letter. Third, this letter provides general and
site-specific information to assist you in these negotiations.
NOrICE OF !'arENTIAL LIABILITY
EPA has information indicating that you may be a PRP as defined at
Section 107(a) of the Comprehensive Environmental Response,
Compensation and Liability Act, 42 u.s.c. 9607 (a), as amended
(CER:::h~). with respect to this site. Responsible par.ties include
cur.rent and for.mer owners or. operators of the site and persons who
arranged for treatment or. disposal of hazardous substances at the
site, or. transporters who chose the site for. treatment or. disposal.
SPECIAL NaITCE AND NEGOTIATIO.'IJ M'.lRATORIUM
EPA has deter.mined that use of the Section 122(e) special notice
procedures specified in CERCI.A will facilitate a settlement between
EPA and PRPs for. this Site. Therefore, as provided for. by CERCLA
Section 122, the sixty (60) day nor.ator.ium on certain EPA response
activities at the site will begin on September 22, 1989. During this
60-day pe.r.iod, the PRPs, including you, are invited to pa.r.ticipate in
formal negotiations with EPA. You are also encouraged to voluntarily
negotiate a settlement providing for the PRPs, including your.self, to
conduct or. finance the response activities required at the site. The
60-day negotiation period ends on November 21, 1989. The 60-day
negotiation moratorium will be extended for an additional 30 days if
PRPs provide EPA with a good faith offer to conduct or finance the
remedial investigation/feasibility study (RI/FS). Should a 90-day
negotiation moratorium take place, negotiations will conclude on
December 22, 1989. If settlement is reached between EPA and the PRPs
within the 90-day negotiation moratorium, the settlement will be
embodied in a consent order. for. an RI/FS •.
FUIURE RE.SPCNSE ACTIONS
EPA plans to conduct the following response activities at the site:
1. Development of a work plan for an RI/FS;
2. Conducting the RI/FS;
3 • Any other measures which may be necessary to abate hazards
posed by the Site.
• •
-3-
WORK PLA,'I AND DRAFT CWSENT ORDER
A copy of EPA's RI/FS guidance and dr.aft consent or.der. ar.e attached. This is provided to assist you and other. PRPs in developing a good faith offer. for. conducting the RI/FS.
GOOD FAITH OFFER
As indicated, the 60-day negotiation mor.atoi:iwn t.r.igger.ed by this letter. is extended for. 30 days if the PRPs submit a good faith offer to EPA. A good faith offer. to conduct or. finance the RI/FS is a wr.itteri proposal that demonstr.ates the PRPs' qualifications and willingness to conduct or. finance the RI/FS and includes the follo.ving elements:
1. A statement of v1illingness by the· PRPs to conduct or. finance the RI/FS which is c::insistent with EPA's RI/FS guidance and dr.aft administrative order and provides a sufficient basis for fur.ther negotiations.
2 . A response to EPA' s draft consent or.der..
3. A detailed desc.ription of the work plan identifying how the PRPs plan to proceed with the work.
4. A demonstr.ation of the PRPs' technical capability to carry out the RI/FS including the identification of the fir.m(s) that may actually conduct the work or. a description of the pr.ocess they will use to select the fir.m(s).
5. A demonstration of the PRPs' capability to finance the RI/FS.
6. A statement of willingness by the PRPs to reimbur.se EPA for. costs in=red in overseeing the PRPs' conduct of the RI/FS.
7. The name, addr.ess, and phone numbe.r. of the party or steer.ing committee who will repr.esent t.he PRPs in negotiations.
DEW\ND FOR PAYMENT
With this letter., EPA demands that you reimburse EPA for. its costs incur.red to date, and encourages you to voluntarily negotiate a consent order in which you and other. PRPs ag:r.ee to per.form the RI/FS.
In accor.dance with CERCLA, EPA already has under.taken cer.tain action and incur.r.ed certain costs in response to conditions at the Site. These :r.esponse actions include conducting a potentially responsible party search and :r.anking the Site for. inclusion on the National
• •
-4-
Priorities List. The cost to date of the response actions performed
at the site through EPA funding is approximately $20,000 for direct
and indirect costs. In accordance with Section 107(a) of CERCLA,
demand is hereby made for payment of the above amount plus any and
all interest recoverable under Section 107 or under any other
provisions of law.
As indicated above, EPA anticipates expending additional funds for
the Rl/FS. Whether EPA funds the entire Rl/FS, or simply incurs
costs by over.seeing the parties conducting these response activities,
you are potentially liable for these expenditures plus interest.
PRP srEERlNG COMMI'ITEE
EPA recommends that all PRPs meet to select a steering committee
responsible for representing the group's interests. Establishing a
manageable group is critical for successful negotiations with EPA.
Alternatively, EPA encourages each PRP to select one person from its
company or organization who will represent its interests.
AI:MINISTRATIVE REO)RD
Pursuant to CERCT.A Section 113 (k) , EPA must establish an
administrative record that contains documents that form the basis of
EPA's decision on the selection of a response action for a site. The
administrative record files, which contain the documents .related to
the response action selected for this site will be available to the
public for inspection and comment. The primary location is generally
the EPA Regional office. Another location will be established near
the site.
PRP RESPONSE AND EPA CONTACT PERSON
You are encouraged to contact EPA by September. 20, 1989 to indicate
your willingness to participate in future negotiations at this site.
You may respond individually or through a steering committee if.such
a committee has been formed. You have sixty (60) calendar days f.rom
this notice to provide EPA with a good faith offer demonstrating your.
willingness to perform the Rl/FS. If EPA does not receive a timely
response, EPA will assume that you do not wish to negotiate a
resolution of your liabilities in connection with the response, and
that you have declined any involvement in performing the response
activities. You may be held liable by EPA under Section 107 of
CERCLA for the cost of the resfX)nSe activities EPA performs at the
site and for any damages to natural resources.
• i
' • •
-5-
Your response to this notice letter should be sent to:
U.S. Environmental Protection Agency
Region IV
Michelle M. Glenn
Superfund Project Manager
345 Courtland Street, NE
Atlanta, GA 30365
The factual and legal discussions contained in this letter are
intended solely for notification and information purposes. They are
not intended to be and cannot be relied upon as final EPA positions
on any matter set forth herein.
If you have any questions pertaining to this matter, please direct
them to Ms. Glenn at 404/347-7791 or Ms. Sally Mozley, Assistant
Regional Counsel, at 404/347-2641.
Sincerely,
~fr}/~
Patrick M. Tobin
Direct.at:
Waste Management Division
Enclosure
cc: Jack Butler, North Carolina
e e RECEIVED
SEP 2 5 198!:!
UNITED STATES ENVIRONMENTAL PROTECTION AGEl$1Jt'!RFUN
, REGION IV DBRANCH
4WD -SFB
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. George F. Cooper.
County Manager.
New Hanover County, NC
320 Chestnut Sti:eet
Wilmington, NC 28401
345 COURTLAND STREET. N.E.
ATLANTA. GEORGIA 30365
SEP 2 O 1989
RE: New Hanover. Count Burn Pit Site
Wilmington, North Carolina
Dear Mi: . Coopei::
Tne United States Environmental Pi:otection Agency (EPA) is considel'.ing
spending public funds to respond to the release and thi:eatened release
of hazardous substances, pollutants, and contaminants at the New Hanover
County Burn Pit Site, (hereinafter refer.red to as the Site). The Site
consists of four. aci:es l=ated west of the New Hanover County Airport in
Wilmington, North Carolina. The burn pit area is l=ated on Gardner
Drive approximately one mile north of Smith Ci:eek and less than two
miles east of the noi:theast Cape Fear River. As reflected in
information from EPA's files, the Site was used as a training facility
by a number. of fii:e depa.i:tments in the New Hanovei: County vicinity from
the late 1960s until the late 1970s. This action will be taken pursuant
to Section 104 and other provisions of the Compi:ehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), 42 u.s.c.
9601 et~-as amended by the Superfund Amendments and Reauthorization
Act (SARA) (P.L. 99-499), unless EPA determines that such action will be
propei:ly perfoi:med by a responsible pai:ty.
The New Hanover County Burn Pit Site was placed on the National
Prioi:ities List (NPL) in March 1989. EPA is mandated by Congi:ess to
develop and implement a Remedial Investigation for evei:y site on the NPL
in oi:dei: to detei:mine the natui:e and extent of contamination. The EPA
has d=umented the i:elease of hazardous substances, pollu~ants, or
contaminants at the Site. These hazardous substances include but ai:e
not limited to arsenic, barium, cadmium, chi:omium, lead, mercury,
volatile organic compounds and poly-aromatic hydr.=ar.bons.
This letter serves three basic functions. Fir.st, it contains a formal
demand for. reimbursement of costs that have been incur.red, including
interest thereon, and that ar.e expected to be incur.red, which are
subject to inter.est, in response to the
• •
-2-
health/environmental concerns at the subject Site. Second, this
letter notifies you that a 60--<lay per.iod of formal negotiations with
the Envir.onmental Protection Agency (EPA) will begin at the date
specified in this letter. Tnird, this letter provides general and
site-specific information to assist you in these negotiations.
NOI'ICE OF POI'ENTIAL LIABILITY
EPA has information indicating that you may be a PRP as defined at
Section 107(a) of the COrrpr.ehensive Environmental Response,
compensation and Liability Act, 42 u.s.c. 9607(a), as amended
(CERCLA), with respect to this site. Responsible par.ties include
curr.ent and former owners or oper.ator.s of the site and per.sons who
ar.r.anged for. tr.eatment or disposal of hazar.dous substances at the
site, or tr.ansporters who chose the site for. treatment or disposal.
· SPECIAL NCYrICE AND NEGCITIATION MORATORIUM
EPA has determined that use of the Section 122(e) special notice
procedures specified in CERCLA will facilitate a settlement between
EPA and PRPs for this Site. Therefor.e, as provided for. by CERCT.A
Section 122, the sixty (60) day lllOratorium on cer.tain EPA response
activities at the site will begin on September 22, 1989. During this
60-day period, the PRPs, including you, are invited to participate in
formal negotiations with EPA. You are also encour.aged to voluntar.ily
negotiate a settlement providing for the PRPs, including yourself, to
conduct or finance the response activities required at the site. The
60-day negotiation period ends on November 21, 1989. The 60-day
negotiation morator.ium will be extended for an additional 30 days if
PRPs provide EPA with a good faith offer to conduct or finance the
remedial investigation/feasibility study (RI/FS). Should a 90-day
negotiation morator.ium take place, negotiations will conclude on
December 22, 1989. If settlement is reached between EPA and the PRPs
within the 90-day negotiation lllOratorium, the settlement will be
embodied in a consent or.der. for an RI/FS.
FUIURE'RESPONSE ACTIONS
EPA plans to conduct the following r.esponse activities at the site:
1. Development of a work plan for an RI/FS;
2. Conducting the RI/FS;
3. Any other. measures which may be necessary to abate hazards
posed by the Site.
0 ' • •
-3-
IDRK PLAN AND DRAFT CONSENT ORDER
A copy of EPA' s RI/FS guidance and dr.aft consent or.der are attached.
This is pr.ovided to assist you and other PRPs in developing a good
faith offer for conducting the RI/FS.
GO.JD FAITH OFFER
As indicated, the 60-day negotiation moratorium trigger.ed by this
letter is extended for. 30 days if the PRPs submit a good faith offer
to EPA. A good faith offer to conduct or. finance the RI/FS is a
wr.itt.en pr.oposal that demcnstrates the PRPs' qualifications and
willingness to conduct or. finance the RI/FS and includes the
foll<:Ming elements:
1. A statement of willingness by the PRPs to conduct or. finance
the RI/FS which is consistent with EPA' s RI/FS guidance and
dr.aft administrative order and pr.ovides a sufficient basis
for further negotiations.
2. A response to EPA's draft consent order.
3. A detailed description of the work plan identifying how the
PRPs plan to pr=eed with the work.
4. A demcnstration of the PRPs' technical capability to carry
out the RI/FS including the identification of the firm(s)
that may actually conduct the work or a description of the
pr=ess they will use to select the firm(s).
5. A demcnstration of the PRPs' capability to finance the RI/FS.
6. A statement of willingness by the PRPs to reimburse EPA for
costs in=red in overseeing the PRPs' conduct of the RI/FS.
7. The name, address, and phone number of the party or steering
committee who will rep:r.esent the PRPs in negotiations.
DEWIND FOR PAYMENT
With this letter, EPA demands that. you reimburse EPA for its costs
incurred to date, and encourages you to voluntarily negotiate a
consent o:r.de:r. in which you and other PRPs agree to perform the RI/FS.
In accordance with CERCIA, EPA al:r.eadyhas under.taken ce:r.tain action
and in=red certain costs in' response to conditions at t.he Site.
These response actions include conducting a potentially :r.esponsible
party search and ranking the Site for inclusion on the National
• •
-4-
Priorities List. The cost to date of the response actions per.for.med
at the site through EPA funding is approximately $20,000 for. direct
and indirect costs. In accordance with Section 107(a) of CERCL.~,
demand is hereby made for payment of the above am::iunt plus any and
all inter.est recoverable under. Section 107 or. under. any other.
provisions of law.
As indicated above, EPA anticipates expending additional funds for
the RI/FS. Wnether EPA funds the entire RI/FS, or simply incurs
costs by ove.r.seeing the par.ties conducting these response.activities,
you are potentially liable for. these expenditures plus inte.r.est.
PRP STEERING COMMITI'EE
EPA recommends that all PRPs meet to select a steering committee
responsible for. representing the group's interests. Establishing a
manageable group is critical for. successful negotiations with EPA.
Alter.natively, EPA encourages each PRP to select one person from its
company or organization who will represent its interests.
ADMINISTRATIVE RECORD
Pursuant to CERCIA Section 113(k), EPA must establish an
administrative record that contains documents that form the basis of
EPA's decision on the selection of a response action for a site. The
administrative record files, which contain the documents related to
the response action selected for. this site will be available to the
public for inspection and comment. The primary location is generally
the EPA Regional office. Another location will be established near
the site.
PRP RESPONSE AND EPA CONTACT PERSON
You are encouraged to contact EPA by September. 20, 1989 to indicate
your willingness to participate in future negotiations at this site.
You may respond individually or through a steering committee if such
a committee has been for.med. You have sixty (60) calendar days from
this notice to provide EPA with a gocd faith offer. demonstrating your.
willingness to perform the RI/FS. If EPA does not receive a timely
response, EPA will assume that you do not wish to negotiate a
resolution of your liabilities in connection with the response, and
that you have declined any involvement in per.forming the response
activities. You may be held liable by EPA unde.r Section 107 of
CERCIA for. the cost of the response activities EPA performs at the
site and for. any damages to natural resources.
-5-
Your r.esponse to this notice letter should be sent to:
U.S. Environmental Pr.otection Agency
Region IV
Michelle M. Glenn
Super.fund Project Manager
345 Courtland Street, NE
Atlanta, GA 30365
The factual and legal discussions contained in this letter are
intended solely for notification and information purposes. They are
not intended to be and cannot be relied upon as final EPA positions
on any matter set forth herein.
If you have any questions pertaining to this matter., please direct
them to Ms. Glenn at 404/347-7791 or Ms. Sally t-bzley, Assistant
Regional Counsel, at 404/347-2641.
Sincer.ely,
9~m7~
Patr.ick M. Tobin
Dir.ector
Waste Management Division
Enclosure
cc: Jack Butlec, North Carolina
• •
• l
• • RECEIVED
UNITED STATES ENVIRONMENTAL PROTECTION AGErtct1fJ 2 5 1989
REGION IV
345 COURTLAND STREET. N.E.
4WD-SFB
CERI'IFIED MAIL
RETURN RECEIPT REQUESTED
Lt. Col. Derek B. Donley
United States Air·Force
Department of Regional Civil
Department of Air Force
Regional Civil Eng., Eastern
(HQ AFESC)
77 Forsyth Street, s.w.
Atlanta, GA 30335
ATLANTA. GEORGIA 30365
SEP 2 0 1989
Engineer
Region
RE: New Hanover County Burn Pit Site
Wilmington, North car.olina
Dear. Colonel Donley:
SUPERFUND BRANCH
The United States Environmental Pr.otection Agency (EPA) is considering
spending public funds to r.espond to the release and thr.eatened r.elease
of hazardous substances, pollutants, and contaminants at the New Hanover
County Bum Pit Site, (her.einafter referred to as the Site). The Site
consists of four acr.es located west of the New Hanover. County Airport in
Wilmington, Nor.th Car.olina. The burn pit area is located on Gardner
Drive approximately one mile nor.th of Smith Creek and less than two
miles east of the northeast Cape Fear River. As reflected in
information from EPA' s files, the Site was used as a tr.aining facility
by a nwnbe . .r. of fi.r.e depar.tments in the New Hanover County vicinity fr.om
the late 1960s until the late 1970s. This action will be taken pur.suant
to Section 104 and other provisions of the Compr.ehensive Envir.onmental
Response, Compensation, and Liability Act of 1980 (CERCLA), 42 u.s.c.
9601 et ~-as amended by the Super.fund Amendments and Reauthorcization
Act (SARA) (P.L. 99-499), unless EPA deter.mines that such action will be
proper.ly performed by a r.esponsible par.ty.
The New Hanove.r. County Burn Pit Site was placed on the National
Pr.iori ties List (NPL) in March 1989. EPA is mandated by Congress to
develop and implement a Remedial Investigation for. every site on the NPL
in order. to determine the nature and extent of contamination. The EPA
has documented the release of hazar.dous substances, pollutants, or
contaminants at the Site. These hazardous substances include but are
not limited to arsenic, bar.ium, cadmium, chromium, lead, mercur.y,
volatile organic compounds and poly-aromatic hydrocarbons.
This letter serves three basic functions. First, it contains a formal
demand for reimbursement of costs that have been in=red, including
interest thereon in response to the health/ environmental concerns at
• •
-2-
the subject Site. Se=nd, this letter notifies you that a 60-day period
of for.mal negotiations with the Envir.onmental Pr.otection Agency (EPA)
will begin at the date specified in this letter. Thir.d, this letter.
pr.ovides gener.al and site-specific infor.mation to assist you in these
negotiations.
NCYI'ICE OF POTEITTIAL LIABILITY
EPA has infor.mation indicating that you may be a PRP as defined at
Section l07(a) of the Compr.ehensive Envir.onmental Response,
Compensation and Liability Act, 42 u.s.c. 9607(a), as amended
(CERCLA), with r.espect to this site. Responsible par.ties include
cur.r.ent and former. owners or operator.s of the Site and per.sons who
ar.r.anged for. tr.eatrnent or. disposal of hazar.dous substances at the
site, or tr.anspor.te.r.s who chose the site for tr.eatment or disposal.
SPECIAL N0rICE AND NEGCJI'Iro'ION MJRATORIUM
EPA has deter.mined that use of the Section 122(e) special notice
pr.ocedur.es specified in CERCLA will facilitate a settlement between
EPA and PRPs for. this Site. Ther.efor.e, as pr.ovided for. by CERCLA
Section 122, the sixty (60) day rror.ator.ium on ce.r.tain EPA r.esponse '
activities at the Site will begin on September~. 1989. Dur.ing this
60-day per.iod, the PRPs, including you, ar.e invited to par.ticipate in
formal negotiations with EPA. You ar.e also en=ur.aged to voluntar.ily
negotiate a settlement providing for. the PRPs, including yourself, to
=nduct or. finance the .r.esponse activities r.equir.ed at the Site. The
60-day negotiation p:r.iod ends on November. 2-j, 1989. The 60-day
negotiation morator.ium will be extended for. an additional 30 days if
PRPs provide EPA with a good faith offer. to =nduct or. finance the
r.emedial investigation/feasibility study (RI/FS). Should a 90-day
negotiation rror.ator.ium take place, negotiations will conclude on
Decembe.r. 2:JJ, 1989. If settlement is reached between EPA and the PRPs
within the 90-day negotiation rror.ator.ium, the settlement will be
embodied in a consent or.de.r. for. an RI/FS.
FlJl'URE RESPONSE ACI'IONS
EPA plans to conduct the following response activities at the Site:
1. Development of a wor.k plan for. an RI/FS;
2. Conducting the RI/FS;
3. Any other. measur.es which may be necessar.y to abate hazar.ds
posed by the Site.
• •
-3-
W'.lRK PLAN AND DRAFT CONSENT ORDER
A copy of EPA' s RI/FS guidance and draft consent order are attached.
This is provided to assist you and other PRPs in developing a good
faith offer for conducting the RI/FS.
GOOD FAITH OFFER
As indicated, the 60-day negotiation moratorium triggered by this
letter is extended for 30 days if the PRPs submit a good faith offer
to EPA. A good faith offer to conduct or finance the RI/FS is a
written proposal that demonstrates the PRPs' qualifications and
willingness to conduct or finance the RI/FS and includes the
following elements:
1. A statement of willingness by the PRPs to conduct or finance
the RI/FS which is consistent with EPA' s RI/FS guidance and
draft administrative order and provides a sufficient basis
for further negotiations.
2 • A response to EPA' s draft consent order.
3. A detailed description of the work plan identifying how the
PRPs plan to proceed with the work.
4. A demonstration of the PRPs' technical capability to carry
out the RI/FS including the identification of the firm(s)
that may actually conduct the work or a description of the
process they will use to select the firm(s).
5. A demonstration of the PRPs' capability to finance the ru:/FS.
6. A statement of willingness by the PRPs to reimburse EPA for
ccsts in=red in overseeing the PRPs' conduct of the RI/FS.
7. The name, address, and phone number of the party or stee.ring
committee who will represent the PRPs in negotiations.
DEMAND FOR PAYMENT
With this letter, EPA demands that you reimburse EPA for its costs
incurred to date, and encourages you to voluntarily negotiate a
consent orde.r in which you and other PRPs agree to perform the RI/FS.
In accordance with CERCTA, EPA already has undertaken certain action
and incurred certain costs in response to conditions at the Site.
These response actions include conducting a potentially responsible
party search and ranking the Site for inclusion on the National
Priorities List.
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The cost to date of the r:esponse actions perfonned at the Site
through EPA fun:ling is approximately $20,000 for direct and indirect
costs. In accordance with Section 107(a) of CERCTA, demand is hereby
made for payment of the arove am::iunt, plus any and all interest
recoverable under Section 107 or under any other provisions of law.
PRP STEERING QM,11Tl'EE
EPA recommends that all PRPs meet to select a steering committee
responsible for representing the group's interests. Establishing a
manageable group is critical for successful negotiations with EPA.
Alte.rnatively, EPA encourages each PRP to select one person from its
company or organization who will repr:esent its interests.
ADMINISTRATIVE RECDRD
Pursuant to CERCIA Section ll3(k), EPA must establish an
administrative record that contains documents that for.m the basis of
EPA's decision on the selection of a response action for a site. The
administr.ative r.ecord files, which contain the documents r.elated to
the response action selected for this site will be available to the
public for. inspection and comment. · The pr.imary location is generally
the EPA Regional office. Another. location will be established near
the site.
PRP RESPONSE AND EPA COOTACI' PERSON
You are encour.aged to contact EPA by September. 20, 1989 to indicate
your willingness to par.ticipate in future negotiations at this site.
You may r.espond individually or thr.ough a steer.ing committee if such
a committee has been formed. You have sixty ( 60) calendar days from
this notice to pr.ovide EPA wit.~ a good faith offer derronstrating your
willingness to per.for.m the RI/FS. If EPA does not r.eceive a timely
response, EPA will assume that you de not wish to negotiate a
resolution of you.r. liabilities in connection with the response, and
that you have declined any involvement in performing the response
activities.
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Your. response to this notice letter should be sent to:
u.s. Environmental Protection Agency
Region IV
Michelle M. Glenn
Super.fund Project Manager
345 Cour.tland Street, NE
Atlanta, GA 30365
The factual and legal discussions contain:ed in this letter ar.e
intended solely for notification and information pur.poses. They are
not intended to be and cannot be relied upon as final EPA positions
on any matter set forth herein.
If you have any questions pertaining to this matter, please direct
them to Ms. Glenn at 404/347-7791 or Ms. Sally M:Jzley, Assistant
Regional Counsel, at 404/347-2641.
Sincerely,
~tn~
Patrick M. Tobin
Director
Waste Management Division
Enclosur.e
cc: Jack Butler, North Carolina
Major Michael C. Whittington, USAF
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.SENDER: Complete Items 1 and 2 when additional 1orvlce1 ere desired, end complete ]terns 3 end 4.
Put your address Jn the "RETURN TO" Spece on the reverse side. Felture to do this will prevent this card from being returned to you. Ihe [elU[n rece[E!l fee ~Ill l,!rQvjde ~ou 1he nJ!mg Qf lhe e;erign d"11vere...1 .... end •he date of dellv . For eddltlonel fees the following services ere available, Consult postmaster for fees and check box I es) for additional service(&} reque1i1ted. 1, □ Show to whom del[vered, date, end addressee's address. 2. □ Restricted Delivery 1 (Extra charge)t t(Extra charge)t
3. Article Addressed to: 4. Article Number Mr. Jalck R. Butler p 744 731 049 Environmental Engineer Type of Service: NC Department of Human Resources 0 Registered □ Insured
Division of Health Services IX! Certified □ COD
Raleigh, NC 27602-2091 0 Express Mail
Always obtain signature of addressee
or agent and DATE DELIVERED.
5. Signature -Addressee 8, Addressee's Address (ONLY if
X requested and fee paid)
6. Signature -Agent
X
7. Date of Delivery September 21 1989
PS Form 3811, Mar. 1987 * U.S.G.P.O. 1987-178-268 DOMESTIC RETURN RECEIPT
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• • RECEIVED
SEP 2 5 i989
UNITED STATES ENVIRONMENTAL PROTECTION$L~ENCY
REGION IV u ERFUND BRANCH
4WD-SFB
CERl'IFIED MAIL
RE'1URN RECEIPT REQUESTED
The Honor.able Bar.r.y Williams
City of Wilmington, NC
1110 castle Str.eet
Wilmington, NC 28401
345 COURTLAND STREET. N.E.
ATLANTA. GEORGIA 30365
SEP 2 O 1989
RE: New Hanover. Count Bum Pit Site
Wilmington, Nor.th carolina
Dear. Mayor Williams:
The United States Environmental Protection Agency (EPA) is considering
spending public funds to respond to the release and threatened release
of hazardous substances, pollutants, and contaminants at the New Hanover
County Burn Pit Site, (hereinafter .r.efer.·r.ed to as the Site). The Site
consists of four acr.es located west of the New Hanover County Air.port in
Wilmington, North carolina. The burn pit ar.ea is located on Gar.doer
Drive approximately one mile nor.th of Smith Cr.eek and less than two
miles east of the northeast cape Fear. River.. As reflected in
information fr.om EPA's files, the Site was used as a training facility
by a nwnber of fire departments in the New Hanover County vicinity fr.om
the late 1960s until the late 1970s. This action will be taken pursuant
to Section 104 and other provisions of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), 42 u.s.c.
9601 et~-as amended by the Super.fund Amendments and Reauthorization
Act (SARA) (P.L. 99-499), unless EPA determines that such action will be
properly performed by a responsible par.ty.
The New Hanover County Burn Pit Site was placed on the National
Priorities List (NPL) in March 1989. EPA is mandated by Congress to
develop and implement a Remedial Investigation for every site on the NPL
in order to deter.mine the natur.e and extent of contamination. The EPA
has documented the release of hazardous substances, pollutants, or
contaminants at the Site. These hazardous substances include but are
not limited to ar.senic, bar.iwµ, cadmium, chromium, lead, mer.cur.y,
volatile organic compounds and poly-ar.omatic hydrocarbons.
This letter serves three basic functions. First, it contains a formal
demand for reimbursement of costs that have been incur.red, including
interest thereon, and that are expected to be incurred, which ar.e
subject to interest, in response to the
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health/envi.r.onmental concer.ns at the subject Site. Second, this
letter. notifies you that a 60-day per.iod of for.mal negotiations with
the Environmental Pr.otection Agency (EPA) will begin at the date
specified in this letter.. Thi.r.d, this letter. pr.ovides gener.al and
site-specific infor.mation to assist you in these negotiations •.
NarICE OF ParENTIAL LIABILITY
EPA has infor.mation indicating that you may be a PRP as defined at ,
Section 107(a) of the Compr.ehensive Envir.onmental Response,
Compensation and Liability Act, 42 u.s.c. 9607(a), as amended
(CERCLA), with r.espect to this site. Responsible par.ties include
curr.ent and for.mer. owner.s or. oper.ator.s of the site and per.sons who
ar.r.anged for. tr.eatment or. disposal of hazar.dous substances at the
site, or. .tr.anspor.ter.s who chose the site for. tr.eatment or. disposal.
SPECIAL NITTICE AND NEGOI'IATION M::>RATORIUM
EPA has deter.mined that use of the Section 122(e) special notice·
pr.ocedur.es specified in CER:::r.A will facilitate a settlement between
EPA and PRPs for. this Site. Ther.efor.e, as pr.ovided for. by CERCLA
Section 122, the sixty (60) day rror.ator.ium on cer.tain EPA r.esponse
activities at the site will begin on September. 22, 1989. Dur.ing this
60-day per.iod, the PRPs, including you, ar.e invited to par.ticipate in
for.mal negotiations with EPA. You ar.e also encour.aged to voluntar.ily
negotiate a settlement pr.oviding for. the PRPs, including your.self, to
conduct or. finance the r.esp::mse activities required at the site. The
60-day negotiation per.iod ends on November 21, 1989. The 60-day
negotiation mor.atorium will be extended for. an additional 30 days if
PRPs pr.ovide EPA with a good faith offer. to conduct or. finance the
remedial investigation/feasibility study (RI/FS). Should a 90-day
negotiation mor.ator.ium take place, negotiations will conclude on
December. 22, 1989. If settlement is reached between EPA and the PRPs
within the 90-day negotiation mor.ator.ium, the settlement will be
embodied in a consent or.der. for an RI/FS.
FUruRE RESPONSE ACTIONS
EPA plans to conduct the following response activities at the site:
1. Development of a work plan for an RI/FS;
2. Conducting the RI/FS;
3. Any other. measur.es which may be necessar.y to abate hazar.ds
posed by the Site.
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WORK PLAN AND DRAFI' CONSENT ORDER
A copy of EPA's RI/FS guidance and dr.aft consent or.der. ar.e attached.
This is pr.ovided to assist you and other PRPs in developing a good
faith offer for conducting the RI/FS.
GOOD FAITH OFFER
As indicated, the 60-day negotiation mor.ator.ium tr.igger.ed by this
letter is extended for. 30 days if the PRPs submit a good faith offer
to EPA. A good faith offer to conduct or. finance the RI/FS is a
wr.itten proposal that demonstrates the PRPs' qualifications and
willingness to conduct or. finance the RI/FS and includes the
following elements:
1. A statement of willingness by the PRPs to conduct or finance
the RI/FS which is consistent with EPA's RI/FS guidance and
dr.aft administr.ative order. and provides a sufficient basis
for. further. negotiations.
2. A response to EPA's draft consent order.
3. A detailed description of the wor.k plan identifying how the
PRPs plan to pr=eed with the work.
4. A demonstration of the PRPs' technical capability to carry
out the RI/FS including the identification of the fir.m(s)
that may actually conduct the work or. a description of the
pr=ess they will use to select the firm(s).
5. A demonstration of the PRPs' capability to finance the RI/FS.
6. A statement of willingness by the PRPs to reimburse EPA for
costs incurr.ed in over.seeing the PRPs' conduct of the RI/FS.
7. The name, addr.ess, and phone number of the party or steering
committee who will repr.esent the PRPs in negotiations.
DEMAND FOR PAYMrnT
With this letter., EPA demands that you reimburse EPA for its costs
incur.red to date, and encourages you to voluntarily negotiate a
consent order in which you and other. PRPs agree to per.form the RI/FS.
In accor.dance with CERCIA, EPA already has under.taken certain action
and incur.r.ed certain costs in response to conditions at the Site.
These response actions include conducting a potentially responsible
par.ty sear.ch and ranking the Site for. inclusion on the National
• •
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Priorities List. The cost to date of the response actions per.for.med
at the site through EPA funding is approximately $20,000 for direct
and indirect costs. In accordance with Section 107(a) of CERCLA,
demand is hereby made for payment of the above amount plus any and
all inter.est recoverable tmder Section 107 or under. any other.
provisions of law.
As indicated above, EPA anticipates expending additional funds for.
the RI/FS. Whether EPA funds the entire RI/FS, or. simply incurs
costs by over.seeing the parties conducting these response activities,
you are potentially liable for these expenditures plus inter.est.
PRP STEERING COMMITTEE
EPA recommends that all PRPs meet to select a steering committee
.responsible for. representing the group's interests. Establishing a
manageable group is critical for successful negotiations wit:1 EPA.
Alter.natively, EPA encourages each PRP to select one per.son from its
company or organization ,iho will represent its interests.
AIMINISTRATIVE RECORD
Pursuant to CERCLA Section 113(k), EPA must establish an
administrative r.ecor.d that contains documents that form the basis of
EPA's decision on the selection of a response action for a site. The
administrative record files, which contain the documents .related to
the response action selected for this site will be available to the
public for. inspection and comment. The primary location is generally
the EPA Regional office. Another. location will be established near.
the site.
PRP RESPQ\!SE AND EPA CONTACT PERSON
You are encouraged to contact EPA by September. 20, 1989 to indicate
your willingness to participate in future negotiations at this site.
You may respond individually or through a steering committee if such
a committee has been formed. You have sixty (60) calendar days from
this notice to provide EPA with a good faith offer demonstrating your.
willingness to per.form the RI/FS. If EPA does not .receive a timely
response, EPA will assume that you do not wish to negotiate a
resolution of your liabilities in connection with the response, and
that you have declined any involvement in per.forming the response
activities. You may be held liable by EPA under Section 107 of
CERCl.A for the cost of the response activities EPA per.for.ms at the
site and for. any damages to natural resources.
'\ • • •
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Your response to this notice letter should be sent to:
U.S. Environmental Protection Agency
Region IV
Michelle M. Glenn
Super.fund Project Manager
345 Courtland Street, NE
Atlanta, GA 30365
The factual and legal discussions contained in this letter are
intended solely for notification and infor.mation pur.poses. They ar.e
not intended to be and cannot be r.elied upon as final EPA positions
on any matter set for.th herein.
If you have any questions per.taining to this matter., please direct
them to Ms, Glenn at 404/347-7791 or. Ms. Sally M::>zley, Assistant
Regional Counsel, at 404/347-2641.
Sincer.ely,
Patr.ick M. Tobin
Di.r.ector.
Waste Management Division
Enclosur.e
cc: Jack Butler., North Carolina