NCD980602163_19830301_Warren County PCB Landfill_SERB C_Re Technical Condition B-4 of the Approval Conditions inquiry-OCR

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
MAR 1 1983
REF: 4RC
34!5 COURTLAND STREET
ATLANTA. GEORGIA 3036!5
Thomas F. Moffitt
Assistant Attorney General
State of North Carolina
Department of Justice
P. o. Box 629
Raleigh, North Carolina 27602-0629
Re: Warren County Chemical Waste Landfill
Dear Tom:
This letter is in reference to your inquiry regarding Technical
Condition B-4 of the Approval Conditions attached to the June 4,
1979, letter from the Regional Administrator of EPA to Governor
James B. Hunt. This letter contained the approval of the
conceptual design for the Warren County Chemical Waste Landfill
pursuant to the Toxic Substances Control Act (TSCA). This
Technical Condition was incorporated by reference as part of
Award Condition No. 24 to the Superfund Cooperative Agreement,
dated May 25, 1982, between the State of North Carolina and
EPA for the construction of the landfill and the clean
up of the PCB contaminated soil.
The Technical Condition in question provides that ~
A record shall be placed on the property deed which
stipulates the particular boundary of the disposal area
and waste contained therein with the associated waste
elevations.
In order to comply with this condition, the State must place
a notation or record on the property deed which (1)
describes the exact boundary of the chemical waste landfill
--not the property boundary of the entire site --by metes
and bounds or any other similar legal description for property
normally used in the State of North Carolina, (2) describes
the specific waste contained in the chemical waste landfill,
and (3) gives the elevations in feet above mean sea level for
the waste contained in the landfill. Thus any subsequent
property owner will have notice that the waste is located on
the property and will be able to determine exactly where the
waste is located.
I trust that this additional information will assist you in
drafting the appropriate documents which will comply with
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the Cooperative Agreement and the terms of the landfill's
TSCA approval.
Sincerely,
IJ~~.
William L. Andreen
Assistant Regional Counsel
cc: William W. Phillips, Jr.
✓o. W. Strickland
David T. Buente