Loading...
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. • • -4- 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. • • -5- 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 -, .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 ' ( '-' ' ( ( ' ' ( ( • • 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 • • -2- 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. • • -3- 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 • • -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 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. '\ • • • -5- 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