NCD980602163_19821011_Warren County PCB Landfill_SERB C_State - EPA Cooperative Agreement - Legal Records-OCR

.James B. Hunt, Jr., Governor I fon ian R. Clark, Scc i ei;::iry
C -
6
f
y
Mr. Al Hanke
Environmental Scientist
EPA, Region IV i
345 Courtland St., NE
Atlanta, GA 30365
October 11, 1982
Re: Contaminated Soil Concentration
PCB Landfill
Warren County, NC
Dear A 1 :
Enclo.sed-:-is ·a copy of .the. state analysis of the six soil
samples taken from the landfill on October 5, 1982 .
WI.JP j r: jj
Enc.
cc: 0. W. Strickland
Bi 11 Raney
Joe Lennon
·';•,·,s~_r~rn k:,·~. Rainey, Jr.
Sin~erely, ;;)f.'pf,'
l(=p~~:.1~ ~-
Assistant to the Secretary
_., . .-
·:.:.,.North. Caro line.. r.,~,:•~i_=tment of Huma n Rcsu ui.CL:n
Division c i: ti~alth Services
;;; __ Occupationa 1 H~al th Labor.c.to ry
· ;:(). ANALYSIS REPORT
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STATE OF NORTH CAROLINA
COUNTY OF WARREN
NOTICE OF THE PRESENCE OF
POLYCHLORINATED BIPHENYL
COMPOUNDS IN A LANDFILL
THIS NOTICE OF THE PRESENCE OF POLYCHLORINATED BIPHENYL
COMPOUNDS IN A LANDFILL is being filed by the State of North
Carolina in compliance with the requirements of a Cooperative
Agreement entered into between the State of North Carolina and the
United States of Amerjca, pursuant to the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 1980 (42 U.S.C.
§§ 9601, et~-).
The purpose of this Notice is to supplern~nt the description of
a 19.317 acre parcel of land retained and excepted from the
conveyance by the State of North Carolina to Warren County recorded
in Book 366 at pages 180-186 in the Office of the Register of Deeds
of Warren County. The 19.317 acre parcel is designated as the
"Landfill Parcel" and is specifically described in Book 366 at
page 181.
The description of the Landfill Parcel is hereby supplemented
to describe the exact boundary of the chemical waste landfill
constructed on the Landfill Parcel as follows:
,J.J,r
I ~-:~~--. ~
- 2 -
The chemical waste landfill contains approximately
40,000 cubic yards of soil contaminated with polychlorinated
biphenyl compounds with an average concentration of 135
milligrams per kilogram of soil. The contaminated soil is
lying above an £levation 314 feet above mean sea level and
lying below an elevation 354 feet above mean sea level and
beginning at a point, said point located N 55° 32' 02" E
366 feet from the southwesterly corner of the 19.317 ,acre
tract recorded in book 366, page 181, thence due north
476 feet to a point thence due east 232 feet to a point
thence due south 476 feet to a point thence due west 232
feet to the point of beginning and containing 2.53 + .01
acres.
This is the 19th day of Septembe~ 1983.
!~h~:fff#
Assistant to the Secretary
N. c. Department of Crime
Control and Public Safety
Post Office Box 27687
Raleigh, North Carolina 27611
STATE OF NORTH CAROLINA
COUNTY OF WAKE
- 3 -
ACKNOWLEDGEMENT
I, the undersigned notary public, do hereby certify that
William W. Phillips, Jr. personally appeared before me this day
and acknowledged the due e xecution of the foregoing instrument.
WITNESS my hand and notarial seal this the 19th day of
September I 1983.
~Se·~
Notary Public
My Commission Expires: 3/5/88
. lying above an elevation 314 feet above mean sea level and lying
below an elevation 354 feet above mean sea level and beginning at a point,
said point .located N 55° 32' 02" E 366 feet from the southwesterly corner
of the 19.317 acre tract recorded in book 328, page 83, thence due north
476 feet to a point thence due east 232 feet to a point thence due south
476 feet to a point thence due west 232 feet to the point of beginning and containing
3.53 + .01 acres.
,,..,,,
':~~-\_.:
r2 tl
.~ . ..,,,
. ~-~~--.
\
!ook 366 -Page l8l
-2-
south JO• 16 minutes ea se 184 fe ~t, south 13" 40 minutes cast 88 feet, south )8° 22 mi nutes case 6'; feet, south 29" 07 minutes cast 103 feet, north ~4~ 22 mihutcs cast 112 feet, south 81° 40 minutes cast 190 feet, south 89" 21 minulcs east 195 feet, south 42•· 31 minutes elOst 440 feet, so,ith so• 30 minutei cast )04 feet, south 43" 25 minutes east
216 fee(, south 38" 06 minutes east 255 feet,
south 65° 50 minutes east 220 feet, south ,G•
23 minutes east 175 feet, ~outh 78" 24 ~inutes east 108 feet, south 45° 37 minutes east 155 feet south 83" 57 minutes east 129 feet, north 4° 11 minutes west 127 feet, north 21• 32 minute• east
96 feet, south 74" 30 minutes east 99 feet, south 7°
OJ minutes east 120 feet, and south 14" 48 ~inutea east 167 feet to an· iron, northeast corner of N.8. White property; thence along tho lines of N.B. ~h1te, south 75" 19 minutes west 2004.61 feet to an iron
and south )" 08 minutes east 1121. 73 feet to an iron in the line of said J .B. Davia property, thence along the line of J.B. Davia, north Bl" 45 minute& wcat 1681,78 feet to the place of BEGINNING, con-· taining 142.323 acres.
Y.XC!:PTIONS TO AHO RESTRIC'TJONS ON TAAC'T I
1. Landfill Parcel
The Party of tho First Part Retain■ all riqht, title and
interest in a 19.317 acre parcel hereinafter designated aa
•Landfill Parcel• located entirely within th• prevloualy dea-
cribed Tract t and designated aa Landfill Parcel on a aap
dated April 1, 1982, and recorded in ... P Bcok 11 , Page 4
of the Warren County ~•qiatry1 and -.oro particularly described
aa fol lowa1
BEGINNING at an iron, located aouth 17• 01 minutes 5S seconds west 216.74 feet froa the north• west corner of the N.!. White prcr:=~r. run• thence aouth 11• 02 •inutea 02 aeconda weat 712,00 feet to en iron; runa the11Ce l'\Orth 02• 57 ■inutas 58 eeconda west 1076.00 feet to a.n iron: runs thence north 11• 02 minutes 02 aeconda eaat 712.00 Ceet to an iron1 runa thence south 02• 57 ~inutea 58 .. conca east 1076.00 feet to an iron, the point and place of !EGJN>llNG,
containing 19.317 acres,
2. Easement Aero•• Tr-st I to wndfill Parc~l
The Party of the Pirat Part Jetain• aa a privileqe ap-
purtenant to tho Landfill Parcel a non-xclu•i•• perpetual
caaement aero•• Tract I ••id eaa...nt bei~ 66.57 f-t in width
u ahovn on • aap 6-~ed April 1, ltl2 and recorded 1ft Nap
1\ook U
apecitioally deecribed •• follova,
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,,to s r-1, _,'C'. ('.f''
~ ft i) i w W .UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ~ ~ t"'1,, , .... '◄(PRO'l~t, REGION IV
SEP 161983
4AW-RM
Mr. Thanas C. Karnoski
Environmental Engineer
345 COURTLAND STREET
ATLANTA, GEORGIA 30365
Solid & Hazardous Waste Management Branch
306 North Wilmington Street
P.O. &:>x 2091
Raleigh, North Carolina 27602-2091
Dear Mr. Kamoski: ·
19198
WASTE
This office has reviewed the record to be placed in the property deed for
the Warren County Chemical Waste Landfill which you submitted on August 9,
1983. our review indicates that the notice satisfies Technical Condition
B.4 of the June 4, 1979 approval and may be placed in the.deed.
Thank you for supplying this doct.ment for our review. If you have any
further questions please contact me.
Sincerely yours,
;I
Scarbrough, Chi
s Management Branch
Air & Waste Management Division
. "'•.,J, ~
, ;::~----
DIVISION OF HEAL TH SERVICES
P.O. Box 2091
Raleigh, N.C. 27602-2091
Mr. James H. Scarbrough, Chief
Residuals Management Branch
EPA Region IV
345 Courtland St.
Atlanta, Georgia 30365
Dear Mr. Scarbrough:
August 9, 1983
Re: North Carolin~ PCB Landfill, Warren County
Permit Approval Conditions
Item B. 4 of June 4, 1979, letter
Ronald H. Levine, M.D., M.P.H.
STATE HEALTH DIRECTOR
The subject permit approval condition stipulates that a copy of a
record be placed in the property deed which describes the boundary of
the disposal area and waste contained therein. Please review the enclosed
document and provide comments as to the adequacy of its satisfying the
permit approval condition as dafin~d .in Mr. William L. Andreen's letter
(enclosed) of March 1, 1983. The record as written will not be filed with
the appropriate register of deeds without your concurrence. Following the
filing of an EPA-approved record, documentation will be provided certifying
the action. This is to prevent the necessity of any refiling actions.
If you have any questions, please contact me.
Sincerely,
JL
Thomas C. Karnoski, Environmental Engineer
Solid & Hazardous Waste Management Branch
Environmental Health Section
Enclosures
cc: William W. Phillips/ Jr.
Thomas F. MoffittV
NORTH CAROLINA
7ffTORNEY GENERAL'S OFFICE
AUG 1019tij
c:f/!RONi,:~NTAL PRrlT~CTION !l!CTION
[1'.:Ci:11 1
James B Hun t, Jr / Sarah T Marrow MD MPH STATF(')FNnfHH rA R(')IINA nFPARTMFNT(')FHIIMANRFc;n11RrFc; . ' ' .
8 August, 1983
l-1EMORANDUM
TO: Tom Kernoski
FROM: Tom Moffitt
RE: Technical Condition B-4 of the Super Fund
Cooperative Agrement
Attached is a document setting forth: (1) the exact boundary of
the chemical waste landfill, (2) a description of the specific waste
contained in the landfill, and (3) the elevation in feet above mean
sea level of the waste contained in the landfill. It is drafted as
a supplement to the deed by which the State conveyed most of the
Pope property to Warren County.
In ruy opinion, this document meets the requirements of Technical
Condition B-4 of the Superfund Cooperative Agreement, as these
requirements were explained in Bill Andreen's letter to me, dated
March 3, 1983. If any problems arise or if any questions rerr.ain
unanswered, do not hesitate to contact me at 733-5725.
/kh
Attachments
cc: Bill Phillips
~mft of ~orlq a!arolina
~1!pm-bnt1ti of JJustiu
RALEIGH
5 August, 1983
MEMORANDUM
TO: Bill Phillips
FROM: Tom Moffitt
RE: Technical Condition B-4 of the Super Fund
Cooperative Agreement
Technical condition B-4 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 elRvations." Bill Andreen of EPA's Office
of Regional Counsel in Atlanta sent us a letter, dated March 3,
1983, which spelled out how this was to be done. A copy of his
letter is attached.
I have drafted the document as a supplement to the deed to
Warren County from the State. Tom Kernoski of Department of
COPY
Human Resources provided me with the technical details. If you
have no problems with the notice, we can get together to execute
the original. I will file it in Warren County after EPA indicates
that the document complies with the B-4 requirement.
/kh
Attachments
cc: Tom Kernoski
• .J.J,,c 't ~-
JUN 2 9 1983
AW-RN
345 COURTLAND STREET
ATLANTA. GEORGIA 30365
Mr. ~illiam W. Phillips, Jr.
Assistant to the Secretary
Department of Crime Control and
Public Safety
512 N. Salisbury Street
Raleigh, North carolina 27611-7687
Re: Warren Co;inty PCB Landfill
Dear Mr. Phillips:
Closure of the Warren County PCB landfill should be corrpleted within tlle
coming weeks. A review of the landfill approval conditions identifieG in
Region IV's letters of June 4, 1979, and December 14, 1981, indicates the
belm, listed information is required to document those conditions
r~lating to closure and security activities.
l. Copy of the •as built" plans of the landfill.
(Item B.3 of June 4, 1979, letter) s .,..f
2. Copy of the •as built" plans of the leachate collection system. J
(Item B.10 of June 4, 1979, letter) s ~r
3. Copy of the record placed in the property deed which stipulates
the boundary of the disposal area and waste containe<J therein.
(Item B.4 of June 4, 1979, letter)
4. Documentation of approval of the erosion control measures for
the site. J c""'
(Item B.7 of June 4, 1979, letter; also see your letter to
EPA of August 19, 1982 and EPA's response of August 25,
1982)
5. Report of installQtion of the fence and gate at the facility. 5 7 p
(Item II.D of December 14, 1981, letter)
,,., 6. Cppy of waste disposal records as specified by 40CFR
-~Sc~--• 7(il.4l(b)(8)(iv) and 40 CFR 761.45 (b)(3) to besubmitted within
SO .days of closure.
(Item II.C of December 14, 1981, letter; item A.4 of June
4, 1979, letter)
Region IV wishes to complete docwnentation of these remaining approval
conditions at closure or as soon thereafter as possible. Your earliest
attention in this matter is requested.
-2-
In addition to the above listed items, there are several conditions which
will remain in effect following closure. These conditions relate to
maintenance of the landfill and access road anJ security measures,
keeping of records, disposal of collected leachate, and appropriat e
notification and reporting requirements. Th~se conditions were outlined
in our letter to you of November 22, 1982.
I appreciate your continued assistance in the development and corrpletion
of the operations and closure activities at the Warren County PCB
landfill. If you have any questions regarding the approval conditions or
documentation, please contact me.
Sincerely,
~#~
Scarbrough, Chi ef
iduals Manager11ent Branch
cc: Mr. 0. W. Strickland, Head
Solid and Hazardous Waste Management
Department of Human Resources
306 North Wilmington St.
P. 0. Box 2091
Raleigh, N.C. 27602-2091
10 March 1983
Mr. William L. Andreen
Assistant Regional Counsel
Office of General Counsel
U.S. Environmental Protection Agency
345 Courtland Street, NE
Atlanta, Georgia 30308
Dear Bill:
This letter acknowledges receipt of your letter to me,
dated March 1, 1983. In your letter, you set forth the re-
quirements for North Carolina to comply with Technical Condi-
tion B-4 of the Approval Conditions of the Superfund Coopera-
tive Agreement. A copy of your letter has been sent to Tom
Kernoski and Gordon Layton of the North Carolina Department of
Human Resources who will provide the technical information
needed for me to draft the appropriate legal document. This
will be done as soon as reasonably possible.
In the February 11, 1983, edition of the Environmental
Reporter appeared a news brief about an EPA memorandum dealing
with Superfund expenses (a copy of the news brief is attached).
According to the article, William N. Hedeman, Jr. and Gene
Lucero authored the memo dealing with recovery by a state under
CERCLA cooperative agreements of state enforcement costs, in-
cluding discovery, investigation, expert witness preparation,
and related legal advice. I request that a copy of this memo-
randum be ·sent to me. North Carolina is very interested in this
topic.
The final matter of my concern relates to my request for
,.::m9~~ication of the Cooperative Agreement. As I related to
you'·in my letter, dated February 17, 1983, Special Conditions
30 and 31 need to be deleted. In effect, Special Condition 30
has been mooted by the dismissal the State took, with EPA ap-
proval, of the State action against Buck Ward, et al. to recover
our cleanup costs using State remedies and our entry into the
federal CERCLA action in the U.S. District Court for the Eastern
District of North Carolina.
10 March 1983
Page Two
The provisions of Special Condition 31 are particularly
troubling. The language o f this prov ision could be read to
require the State of North Carolina to pay to the federal
government 90% of any recovery gained by the State in the pre-
sent CERCLA action. This could leav e the State with a 1 %
recovery (10% of 10%). Clearly the Cooperative Agreement was
never intended to authorize this result. Such an absurd result
could arise if the federal government does not reco~er 100 % of
what it seeks from Buck Ward, et al.
I would be remiss in rr,y duty as the attorney for t 11e State
of North Carolina in the CERCLA action if I did not raise this
issue at this stage of the proceedings and get a legally binding
resolution from EPA and the federal government. The State will f ully
cooperate with the federal government to pursue recovery
of all cleanup costs, as we agreed to do under Special Condition
33. However, this latent problem needs to be resolved.
We need to get the appropriate State and federal government
representatives together to discuss the amendment of the Co-
operative Agreement. I look forward to hearing from you in the
near future.
TFM/dw
cc: Andrew A. Vanore, Jr.
William W. Phillips, Jr.
David T. Buente
Jack Cozart
Gwyn P. NewSOP.1
I -I:~-;_ , •
enbtosure .
Sincerely ,
RUFUS L. EDMISTEN
Attorney General
.. ----.
; ' J /~---
....__.,, 1. .• ·11 t j ! L..~_ r--'~' '\ , .... I I I -J
Thomas F. Mo,t:_f i tt
Assistant Attorney General
9 1--:arci:. 1933
'l'O: ?o,: ~·-err.c~ki/GcrJon Layton
Technical Condition B-4
'!'his rr,'2r::o follcws-u;: rr:.y conversations with Tor:-. Ker,1osk.:.
reg~rding t he ~ccur~nt ~PA ~ants th~ State to fil0 in order
to ccr:-,ply wi b1 r:::·ec!u:ical Ccndi ti0r:. E-4 of t~le .s -..1i)erfunc. co-
cpe rati ve agrQC!:'e~t. 2\.tto:ch~d is the letter I ·,:rote to Eill
A.adreen (LP.A --2'..tlanta) askinc; for guidance on how to co:mply.
·Also actac~ed is h~~ rep ly.
I.
F leas,2 ac:.vise r :e if we cc.n :-;,;eet these rec;uirernen t.s r,ow.
If not, a c,vise f;;,e wher. we can. As soon c1s t:.e State is
car;able of meeting the B-4 requirenents, I will draft the
necessary legal docurr,ents.
/ck
cc: Bill Phillips
/
NORTH CAROLINA
UNITED STATES ENVIRONMENTAL PROTECTION AGENC'tATT0RNEY GENERAL'S OFFICE
MAR l 1983
REF: 4RC
REGION IV
345 COURTLAND STREET
ATLANTA. GEORGIA 30365
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:
MAR 3-198.1
ENVIRONMENTAL PROTECTION SECTION
RECEIVED
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
- 2 -
the Cooperative Agreement and the terms of the landfill's
TSCA approval.
2JlL2..,~~.
William L. Andreen
Assistant Regional Counsel
cc: William W. Phillips, Jr.
.~ ., ,_,
o. W. Strickland
David T. Buente
-b~--..
9 February 1983
MEMORANDUM
TO:
FROH:
RE:
Tom:t:.Kernoski
Tom Moffitt
Warren County PCB Landfill
Yesterday, I received a call from Bill Andreen. Ile is in
the Office of General Counsel, EPA -Atlanta. We discussed
the filing requirement listed as Technical Condition B-4 in
John C. White's June 4, 1979, letter to Governor Hunt which
was incorporated into the Superfund cooperative agreement.
Bill was unsure exactly what EPA meant by condition B-4,
but will check with his agency and send me detailed guidance
on how to comply with this requirement. After I receive his
guidance letter, we can get together and draft the necessary
document.
/ck
4 February 1983
MEMORANDUM
TO: Tom Kernoski
FROM: Tom Moffitt--1Jrvi
RE: Warren County PCB Landfill
Attached is a copy of the conveyance of the property sur-
rounding the landfill to Warren County. It is recorded in
Book 366, paqes 180-186 inthe Register of Deeds Office in
Warren County.
The deed conveys, inter alia, the Carter Pope tract to Warren
Countv, but retains the 19.317 acres encompassinq the land-
fill. The deed also sets forth restrictive covenants con-
cerning the landfill orooertv.
As a matter of oublic record, this deed should out anyone
on notice about the existence of the landfill and the nature
of the materials buried in it. I doubt that an additional
notice in the reqistrv will be of much use.
After reviewinq the deed and discussinq the situation with
EPA, we can qet toqether to draft anv additional notice
should EPA believe that more notice is necessarv. Before,
I draft another instrument, I would like some detailed quidance
from EPA concerninq what thev want.
0
2 February 1983
1/..fil.10RANDUM
TO:
FROM:
RE:
Tom Kernoski
TOTii Moffitt
Warren County PCB Landfill
Prior to leaving the Attorney General's Office, Bill
Ri:!nE!y indicatea that some materials concerning the .PCB
landfill nay noed to be filed in the ~egister of Deeds office
in Wa::.-ren County. i~pparerrt.ly this i.s required by tho si b :
approval and Super!unJ g~ant. It is ~y underst~~ding that
Df-i.R ~oes tl1.i_s f or all landfills.
In our ccnvernatior1 la.st. 1veek, :1ou frnqgeste(: th2t I
review the -.-:.Pl~ appruval letter; dateu June 4, 1979 aml sinc;ed
by John c. White (a copy of which is attached). You indicated
that a certified copy of the solid waste per mit may te what
Dill Raney had in mind.
Let's get together and discuss this matter in the near
future so that we can resolve this proble@, if the problem
exists.
/ck
James B. Hunt, Jr., Governor
Mr. Leslie M. Buie
North Carolina Department of
Crime Control 4'1'0#
& Public Safely ·
PO. Box 27687 512 N Salisbury Street Haleigh 27611
August 11, 1982
Heman R. Clark, Secretary
U.S. Environmental Protection A~e ncy
Divisional Inspector General for Audits
Southern Division Suite 515
1371 Peachtree Street, N.E.
Atlanta, Georgia 30309
RE: Draft Audit Report No.
E5cA2-04-0185
Dear Mr. Buie:
We take exception to th e cost questioned concerning
Activity 03, Land Acquisition. We feel very stron gly that the
total land acquisition cost should be accepted.
Enclosed are copies of two memorandums and a copy of the deed
to Warren County which supports our position for having to
purchase 142.323 acres. Although the State only retained 19.317
acres for the actual landfill the balance was purchased for and is
being used as a required buffer zone.
The audit statement that no restrictions were placed on the
land conveyed to Warren County is incorrect. Th e State still has
virtually total control over the use of the 123 .006 a cres that are
being used for a buffer zone. Please note the language of the
restrictive covenant on page 4 ofthe deed.
We want to again thank you and your staff for your prompt
response to our request for the audit of credit period costs
claimed under the CERCLA and for the very courteous and
professional manner in which the audit was conducted.
If you should have any questions or need any additional
information, please do not hesitate to contact me at this address
or call me at [phone].
RAL/kp
Attachment
cf-: / w. Phillips
<L Reavis
Sincerely,
e~-J A.. L:j)~
Raymond A. Lichtner
Controller
I\Jortl1 Carolir1a ..-,,,~
Department of Aclministratio
J]f,l\.',",t -l,,,;,•,;.')/1,·,·t /{nlr>!!/!12 7(;/J
James B. Hunt, Jr. Governor
Ja ne Smit h Patterson, Secre tary
July 29, 1982
MEMORANDUM
TO:
FROM:
Mr. Ray Lichtner, Controller
Department of Crime Control
and Public Safety
SUBJECT:
Charles E. Grady, Jr.
PCB Landfill Purchase
A'~V/.S Jack~ of your office has requested we provide you with information
on the decision to purchase the entire Ca rter Pope tract for PCB disposal
as opposed to the twenty acre disposal site only. There were a number
of individual cons iderations which collectively dicta ted that acquisition
of the total tract was the only feasible route to follow. I have a ttempted
to itemize these:
(1)
(2)
(3)
Mr. Pope indicated a willingness to sell onl y the entire parcel.
A partial take would possibly have involved condemnation and the
Attorney General was unsure that the State had the authority to
condemn for a PCB landfill.
A partial take of 15-20 acres would have left little if any buffer
for the disposal site and r aised the question of substantial damages
to the remainder property. We considered it entirely possible that
an adverse jury award would have placed the cost of the acquisition
of only a portion of the parcel at a price very near the negotiated
price of the entire parcel.
Mr. Pope and his father had encumbered the property with numerous
deeds of trust. It was considered doubtful that we could negoti ate
a release of these liens without a substantial payment against the
04tstanding debts. Again, this would have acquired a substantial
payment for the land in order to satisfy the lien holders, certainly
far more than 15-20 acres would have been worth.
Page 2
(4) We felt it doubtful that the lien holders would have been satisfied
with a PCB disposal site in the middle of the property in which
they had a security collateral interest. Since the State of North
Carolina cannot purchase land encumbered by such debt, it was
encumbent upon us to structure a transaction which would allow the
liens to be released with respect to the property the State
would acquire.
In summary, being unsure of our ability to condemn, and doubtful
that we could negotiate lien releases on only a small portion of the
parcel, we were left with only two alternatives, i.e., pay full value
for the 142 acre tract or pay an equal amount and receive only fifteen
to twenty acres. Add to this the consideration that the additional
acreage beyond the disposal site itself would enhance the landfill from
the standpoint of public concern for its safety, and we were left with
the decision that purchase of the full tract was the only reasonable
alternative.
If you need any further information please advise.
JHH/ j f
cc: Mr. J. K. Sherron
RUFUS L. EDMISTEN
ATTORNEY GENERAi.
MEMO
TO:
FROM:
RE:
~hrlc of tJ orfq <!Iarolimr
Ray Lichtner
~cpnrt111cut of J)uzticc
P. O. Box 629
RAI.EIGH
27602
27 July 1982
W. A. Raney, Jr.~
Special Deputy Attorney General·
Draft Audit Report -Superfund Grant
I have reviewed the draft audit report as you requested.
As I understand it you have already contacted the SBI and
NRCD concerning the possibility of further documentation for
activities #5 and #1 respectively.
As far as Activity #3, Land Acquisition, the report is
incorrect. The property which the State conveyed to Warren
County is specifically restricted by the deed to use as a
buffer zone. The language of this restriction is found on
page 4_ of the deed and is entitled "Restrictive Covenant on
Tract I.11 Thus the State still has virtually total control
over the uses to which this 123+ acres can be put. This buffer
zone concept was an important part of the selection of the
Warren County site and is specifically referenced in the
State's Environmental Impact Statement as being an integral
part of the landfill design. (Seep. 38, FEIS). In addition
the State Property Office in the Department of Administration
can provide affidavits and perhaps correspondence to show that
the property was not available for purchase except as a single
tract. At the time of the purchase there were significant
,.qµestions as to whether the State could condemn the land. Thus,
tli€-·p,roperty had to be bought as a single tract. Finally, the
only suitable site within the tract is located approximately
in the center of the tract. This leaves an extremely irregular
part of the entire tract which was conveyed to Warren County.
Even if the State had had the latitute to acquire only a
portion of the tract, it is likely that it would have had to be
substantially larger than 20 acres in order to avoid leaving a
highly irregular parcel which would have been essentially useless.
..
-2-
A copy of the deed to Warren County is enclosed herewith.
If I can provide further informatio n please call on me.
/ck
cc: Bill Phillips
' --;' ::· • . r.
' '• .
Book 36() -l'n ge 1 BO
S'l'T\'I'E OF NOH'l'l! Cl\ROLJNJ\
COUNTY OF \•/J\IWEN
'l'lllS DFED made this tile 2Gth t.lay of May , 1982, by
ll1<· SL,1tc..' or north ,cai~olina, Party of the First Part and
\v;\rrcn County, Party of the Second Part.
W I T N E S S E T H
That the State of North Carolinu in settlement of a
l,:n,sui t entitle d Warren Coun.!:Y. v. State of North Carolinn, et
.:.ii, in the U.S. District Court of the Eastern District of
NorLh Cc1rolina ilS 79-560-CIV-5 and in the F'ourth Circuit U.S.
Court of /\ppeals as 82-1019, hereby conveys to Warren County,
its su~cessors and assigns, a certain tract of land, located in
Shocco Townsl1ip, Warren County, North Carolina and certain
Cu!,c111<2nts and restrictive covenants runnin~J with the land as
rol lows:
TRACT I -Carter Pope Tra ct
The s·ta tc conveys al 1 its r i9h t, tit 1 8 i-\n c.1 interest in
<• c e1·tt.d.n tract: of land .in S hocco Town s hip, \'-larren County,
Norl:h Carolina, subject to the exceptions and retained ri<jhts
h c:rc .ina f ter d escr ibcd, said tract being mor e particularly des-
cribcd as follows:
....
That certain tract of land described in a d e ed from
Carter C. Pope and wife, Linda W. Pope to the State of North
Carol inn and recorded in !look J 2 8, Page 8 3 of the W,u ren County
Heqistry and shown on a map clatod April l, 198l, and recorded
in Map Book 18 , Page 4 of the Warren County Registry and
beinq, more specifically described as follows: . '
BEGINNING at an iron in the line of P.P. Pope,
Jr., at the northwest corner of property now or
\ formerly owned by J. B. Davis; tlwnce along the
line of P. P. Pope, jr., north 5° 05 minutes east
1985.45 feet to an iron, north 39 ° 30 minutes
east 195 feet, north 24° 00 minutes cast 2JS f eet,
north 13° 15 minutes east 1G3 feet, north 4 2° JO
minutes ~ast 244 feet, north 35° 30 minutes eas t
, 253 feet, and north 10° 30 minutes west 270 feet to
an .i.ron; thence down Rich Neck Creek the following
courses c1nd distances: north 34° 42 minutes east 160
feet, north 61 ° · 05 minutes east 130 f ee t, south
87° 40 minutes east 139 · feet, south 55 ° 21 minute s
east 113 f e C:~t, sout.h 7° 16 min u t es c a s t 191 fc Qt,
'; ',,
Book 366 -Page 181
-2-
so u t h 3 o O 1 G 111 i nu t c s c ,1 ~; t l o '1 r I'! c t , sou t h l 3 ° 4 o
11d nu t c s e c1 s t 8 !3 r c e t , ~; o u t 11 l fl O 2 2 rn j nu f: c s ca s t
G ,·> fee t , sou th 2 9 ° 0 7 111 i. nu t c i:; c~ a s t J O 3 f e c t , no r th
7'1° 22 minutes cost 1.12 feet, south 81° 40 minutes
c<1f.;t 190 feet, south 89° 21 minutes l~ast 195 feet,
s u u th 4 2 ° 31 min u t es c ,, ri t 4 4 O f e c t , sou t h 5 0 ° 3 0
m i nu t e s c ci s t 3 O 4 rec t: , sou th i\ 3 " 2 '.j rn i n u t e s co st
2 1G fcr.t, soud1 38° OG minute::; eas t 255 fe,:-:t,
south 65° SO minutes east 220 fee t, south 46°
23 minutes east l"/5 feet, south ·;0° 24 minutes
ct1:.;t 108 feet, south 4S 0 :n m.i nutes cast 155 feet
south 83° 57 minutes east 129 feet, north 4° 11
minutes west 127 feet, north 21° 32 minutes east
9<~ feet, south 74° JO minutes cast 99 feet, south ·;0
03 minutes cast 120 feet, and south 14° 48 minutes
east 167 reet to an iron, northeast corner of N.B.
White property; thence c,lonq the 1 ines of N.ll. White,
south 75° 19 minutes wc~t 2004. Gl feet to an iron
and south 3° 08 minutes cast 1121.71 feet to an iron
in the line of said J.B. Davis p1:opcrty, thence
along the line of '1.8. Davis, north 81° 4S minutes
west 1681.78 feet to the place of Dt:GINNING, con-
t a i n in CJ l 4 2 . 3 2 J a c re s .
r-:xc f.PTIONS TO /\ND l{ESTH 1 CT 1 ONS ON 'fMCT I
·1. Landfill Porcel
inter.est in o 19.317 acre parcel hen:::irwfter designated as :{
,J1 Y . .,• ~
'-"Landfill Parcel" located entirely witlii.n the previously des ~
cribeu Tr.act I and clesignatecl as Landfill Purce.l on a map
d<1t:.ccJ .l\pril 1, 1982, ancl recorded in Mc1p Book 18 , Page 4
of the Warren County Rc9ist1·y; and more particularly described
us follows:
BEGINNING at an iron, locatcJ south 27° 01
minutes 55 seconds west 286.74 feet from the north-
west corn e r o f the N . B . W h i t e prop e r t y , nm s t hence
south 07° 02 minutes 02 seconds west 782.00 feet to
an iron; runs thence nor th O 2 ° 5 7 minu t c~s 5B seconcl s
west 1076.00 feet to an tron; runs thence north 87°
02 minutes 02 seconds east 782.00 feet to an ii:-on;
runs thence south 02° 57 minutes ~38 seconc.l~; e'1~,t 1076. 00
feet to .:in iron, the point and place of BEGINNING,
containing 19.317 acres.
2. Easement Across Tract I to Landfill Parcel
The Party of the First Part Retains as c1 privilege ap-
purtenant to the Landfill Parcel a non-exclusive perpetual
easement across Tract I said easement being GG.57 feet in width
as shown on a map dated April 1, 1982 and recorded in Map
Book 18 Page 4 of the Warren County Registry, and bc~ng
spcci (ically described as follows:
-3-
nFGlNNING at an e:dstinq .i1~on, saicl i.ron beinq
the pQi.nt of BEGTNNINC of Tn1ct: T; nins thr~ncc alonq
iHH'l with the wcstcn1 prup(~rty li.nc of Tn1cl J, north
O~i 0 04 minutes 17 seconds east 94.4<! rc~et to an iron;
n1ns thence north 49° 53 minutes 43 seconds cast
BHG.17 feet to an iron, r1 point in the wcstet·n line of
L he L ,1 n (1 f i 11 P cJ. r c e l ; run s th c n c '2 \oJ i t h s a id w c s tern
I i 11 e sou t h 0 2 ° • S 7 mi nut c i, 5 8 s cc on c.1 s ca ~; t B 3 • 5 0 feet
to an jron, tlw southwest co1.·ne1: o( the L.:rndfill Purcel;
ntns thence south 49° SJ minutes 43 seconds west
902. 73 feet to the point and place of BFCI:HHNG,
c:ontainitFJ l.JG7 .:icrcs.
Tile Pa,·tv of tile first Part Retains cJ tcmpor,1t·y easement
cci11t:,1inin~1 7.101 acres udjoininc;1 the south cnrJ of the Landfill
l',1rcl:!l for the purpose of (i) exca v atinc_J, removi.nq and stock-
pi l inq earth or other material for the construction of the:
Lrndritl; (ii) stor,~qe c1nd operation of cgui.prnent to be used
i n l ll c con s t r u c: t ion , ope 1~ a t ion and c 1 o s in g o f t he l and ( i 11. ;
and (i.ii) c.l.isposal of excess earth which is not used in the con-, .. ·
s t nt c t i on o l t h c 1 an c1 f i 11 i n s u c h .:.i m d n n er t ha t L h c mater i a 1
wjJ l be graded to fit existinq contours and will lJe seeded;
~;;;1 id te111po1.-ai:-y easement will expire upon the cornpletion or \:he
Lrndfill which is to be constr:uctec1 on the Landfill Parcel.
Tlir: temporary casement is shown on ,;1 rnap dated /\pr:il 1, 1982,
etnd recorded in Map Book 18 , Paqe 4 o [ the i<Ja r ren County
l<(\(Jistry and is specifically described as follow~;:
DFGINNING at an iron, said iron being the
southeust corner of the Lanc1[ill Parcel; runs
t 11 en c e sou th O 2 ° 5 7 mi nu t e s S 8 i; cc on d s c i1 s t.
4 0 0 . 0 0 fee t to an i r on ; 1.-u n s t h c n c e sou th 8 7 °
02 minutes 02 seconds west 782.00 feet to an
iron; runs thence north ·02 ° 57 minutes 58
seconds west 400.00 feet to an iron, the south-
west corner of the Landfill Parcel; runs thence
along and with the south line of the Landfill.
Parcel north 87° 02 minutes 02 seconds east 782.00
feet to the point and place of BEGINNING, con-
taining 7.181 acres.
4. Stream Monitorin_g_ Easement
The Party of the First Part Retains the ri9~1t of unlimited
and unrestricted access f rorn t.:he Land f il 1 Pa r·ce 1 to all s treamr;
. ·'
r.unning through or bordering on Tract I for. the purpose of
sampling and monitoring the waters thereof; said access to be
by · reas·on·able means and across reasonable routes.
Book JGG -Page l8J
-4-
S. Rc_strict_i vc_Covcnant_on __ Tract ___ T
'j' 1-a Ct T i s C () n Vey Cd s ll )1 i CC L LO t h (' f () ] 10 w i n CJ rest J" i. C t i Ve
covcn.:1nt. '!'r.~1ct I may ue usc:cJ by Lhc P,icty of the Second Part,
i U; s u cc c s so rs .:rn d 'cl s [, i q n s , on 1 y for such 11 s es as are con sis-
l.cnt with its function as.:, uuffer zone between the Landfill
Pai-eel and tlw property adjacent to Tract: I. All residential
u~;c!, ore µrohibitec1. Commcrcir1l, .i.nt.lustrial, institutional,
rr.•cr<,!ational, agriculturul, or any othe1: uses involving tem-
po 1·,:u~y, pc r iocl ic, regu .la i: or occns i ona l human use or occupancy
,He prohibited unlc!;s approved by the Governur and Council of
Sti\te as bcinq consistent with the use of thr: properly a~:; a
TH.l\C'l' II -Paul Pope f.asernent
'Et1e Party of the Fir_st __ P<.:.!J:_y_ __ C'o nveys a non-exclusive
J.H:J"lJCLual right-of-way and casement of e<:;r·ess, ingress and _i:
.. ,~~y
rclJress from secondary roac.1 No. 1604 Lo the southwest corn~r
or Tract I; said easement consistinq of the 40 foot eaS(?ment
yrantecJ by Paul P. Pope and wife, Helen D. Pope to the Sti:llC
of North Carolina and recorded in Book 328, Paqc 86 of the
Warren County Registry and the 20 foot easement granted by
Carter C. Pope and wife, Linda 1'-1. Pope to the State of North
Carolina and recorded in Book 328, Page 83 of the Warren County
Re9istry. The Party of the First Purt retains the right of
unrestri.cted and unlimited use of said easeinent concurrent
with such rights in the Party of the Second Pai.:t. The easement
is shown on a map dated ,l\pril 1, 1902 and recorded in Maµ
Book 18 , Page 4 of the Warren County Registry and is more
particularly described as follows:
BEGINNING at a point in the center of Secondary
Hoad 1604, said point being located north 20° 40
minutes east 100 feet, north 17° 16 minutes east
418.4 feet of a point in the center. of said SR 1604,
\vhich point is located where the souU-1ern property
line of the Paul P. Pope, Jr., tract of land, inter-
sects the center line of said SR 1604; runs thence
from the point of Beginning south 70° 38 minutes
ea s t , 9 8 9 . G 2 f_e et to a poi n I: ; run s th c n c e no r l: h 4 4 °
32 minutes east 681.80 feet to an iron in the
>,;~------•-'_.,.,.iA.:-.,.6.-1..ll,\.:WIW~•'<·~~~-"':.~";~~.::..::.::....:;:.:_~:..:::.::.:.:;,_:::.:.,..:::.:.:.:....:__ __ \~[ ,_, . -. .-•••••·-"'' __. . ...;;..;:;.~---"·
Book 366 -Page 184
-5-·
\•/L:stcrn properly line of the .:iforcsaid described
1'12. ]23 acre tract o f l.:rnd; runs Lhencc alo nq anc1
with said line south 05° 04 rninutc!3 17 seconds west
94. 4 J r c c• t to an i 1:on ,_ L he sou t hw c!st co1·ne r of s.:iid
t:1·act of Lind; runs the nce south 44° 3 2 minutes west
C,47 feet to a point; runs thenc e north 70 ° 38 minutes
west 102'>. 52 feet to a point in the cenlr'r. o f said
s I< 1 6 O '1 ; nm s th c n c e al on y c1 n d with the cent c r o f
s ,1 id s H l G O 4 nor th 1 7 ° l 6 rn i II u t e s w c s t G O • 0 4 f e e t
to the po int and place of BEGINNING, containing
2.303 acr e s.
ru;~;'l'R I CT IVE COVEN/\N'J'S ON LANDFILL P/\l~CEL
Second Pa1.·t 1·cs\:r.ictivc covenants on the property describe d
hc.'rcLofore as "Landfill Parcel." Such covenonts c:n1d r c stric-
Lions shall run with the Lanc1fill Parcel and arc expressly
<t!3:;cnlt~d to by the Party of the Fic:;t Pc1rt. S::i i.cl coven.:1n ts
anti restrictions are as follows:
l. E:-:ccpt for the PCB cont<.lrnin.:1tcd ma t e rials resultin"f
[ ~ . l 1· PC ' 1 . l , 1 1 .• ~t, :rorn c1 c11sc 1arge o : . LI s a o ng a p prox1 mt1te y ,. z:
miles of State highway ri?ht-of-way and at For.t
Urag9 Military n.cse1·vation on or about 24 .June,
1978, c1ncl for about 7 weeks thereufte r, no oth e r
hazardous waste as the same is defined in G.S.
130-166.16(4) and no radioactive waste or materials
as the same are defined in G.S. l04E-5(9n) and
G.S. l04E-5(14) shall be placed upon, disposed
of or stored on said real p~opc rty.
2. Except for such necessary, proper and approved
activities relating to the safe disposal and
storar,Je of the c:ibovc described PCB materials
which have been apµroved by the United States
Environmental Protection Agency and described
in the Environmental Impact Stateme nt date d
Novembe r 13, 1980, no other hazardous or 1:adio-
active waste management activities shall be
eng aged in ·on said real property; 1novLded that
nothing herein ·shall pre cl11de the State from
., ' .. '.'··
..... ---------··•··
Book 366 -Page LBS
-G-
necessary to remedy any 1no blcms with the
Lrn <l f i l 1 w h i ch co u 1 c1 con 13 l: i t u t e i:l L hr ca t
to pub l i c' he a l t h a n d fl a f c t y .
Tl is further understoo <.J and a11rc c d lhul: (!nfnrcement of
t:h<1!;c covenants and restrictions s hall be by any proper pro-.
coc•dinq at law or in equity aqainst any person, firm or
c:orpo1·dtion, including the Slate or 1-Jorth Carolina, violatiny
,n ,1 t tempt in9 to violate any covenant or res Lr i ct ion con ta.ined
lH•rci.11, either to restrain [;uch viol.at.ion or to recover d.:images.
TO H/\VE /\ND TO !!OLD ( i) tlw property descr il.icd as 'l'ract I
~~ u b j c~ c t: to t h c c x c e p t ion s a n d res t r i c l: i on s c nu me r a t e d ; ( i i ) t he
1:.-1!:;emcnt described as Tract II; and (iii) the Hcstrictive Cov-
1.!11,.nts herci11obove described; to']cthc r with all privileges
·.',
and uppurtenances thereunto bclonr3.ing to the sa i.d Party ot: ti~c ,~fi'
t;l!COnd Part, its succer;sors <1nd <1s ,-;iqns.
IN TESTIMONY WllERf.OF' the Stat:c of No1·th C1rolina har;
to be cxecul.c!d as o( the day and year
State
. ,::•
-·-----.................... "i
,I
·1
I
Book 366 -Puge L86
:1 STATE OF NORTH CAROLINA
" t.Ol/NTY OF WAKE 'I
I il ii
I
i
. I
I
I
I, DEBORAH ANN CANDLER, n Notary Public in and for the County and
State aforesaid, do hereby certify that JAMES B. HUNT, JR., Governor of the
State of North ·Cnrolino, and THAD EU::lE, Secretary of State of North Carolina,
p0.roonnlly cnmc before me thiA day and bcJng by me duly sworn saye each for
himself that he knnwa the Great Seal of the State of North C11rolina and that
the nenl affi1<ed to the foregoing inotnunent is the Great Seal of the State;
that JAMES IL l!UN'f, JR., Governor of rH1.ld State, and TI1AD EURE, Secretary of
i 1, State, subscribed their nnmes thereto, all by virtue of o rcaolution of the
!I :I C.ouncl.l of State; and that oaid inat:rument ie the act and deed of the State
Ii I of North Carolina.
ii
lN WITNESS WHEREOF, I have hereunto net my hand and Seal,
this the 1.Jt:) 11 day of ----'lJ I Cui~ 198_i.
;Ci.c lJ)'\.CLk., _ (f_ftv~ ( ~-~-~--
Notary Public
My Commis?~ion Expires:
u, Cofll!\tttll:sn [rplrei l!-24-SG
North Carolina -Wnrre~ County
The toregolng certificate o f Deborah Ann Candler, a Nota ·
Public of Wake County, N. C., i.s certLfied to be correct. Re-
corded on Mny 26, 1982 ,tt 10:05 <)'clock/\. M. Ln Book J_~G_,
Page_}-5J_'O .
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REF: 4RC
REGION IV
345 COURTLAND STREET
ATLANTA, GEORGIA 30365
MAY 2 5 1983
Thomas F. Moffitt, Esquire
Assistant Attorney General
Department of Justice
State of North Carolina
P.O. Box 629
Raleigh, North Carolina 27602
Re: U.S. v. Ward, et al. (E.D. N.C., File No. 83-63-CIV-5)
CERCLA Cooperative Agreement between EPA and the
State of North Carolina
Dear Mr. Moffitt:
This letter is in response to your February 17, 1983, and
March 10, 1983 letters to William L. Andreen, Assistant Regional
Counsel, Region IV, concerning Special Conditions 30 and 31
of the above-referenced Cooperative Agreement. As you have
acknowledged, Special Condition 30 has been mooted by the EPA
approved dismissal of the State action against Ward and by the
State's entry into the above-referenced Federal civil action.
Because it has become moot, we see no need to delete this
condition from the Cooperative Agreement.
Regarding Special Condition 31, EPA does not interpret that
provision to mean that EPA has the right to claim 90% of the
State's 10% share of a recovery against Ward. Rather, the
respective shares of any recovery in the above-referenced action
will be 90% Federal and 10% State.
If you have any further questions regarding this matter, please
contact Anne Asbell of my staff at 404/881-3506 (FTS 257-3506).
Sincerely yours,
ames
Region
cc~¾i~eremy Akers
.:;"vohn ·Wheeler
RUFUS L. EDMISTEN
ATTORNEY GENERAL
.s;;hrl.e of North <frarolim.r ~ '-I
~cpartmrnt of JJusticr
P. 0 . BOX 629
RALEIGH
27602-0629
17 February 1983
I'
Mr. William Andreen
Office of General Counsel
U.S. Environmental Protection Agency
345 Courtland Street, NE
Atlanta, Georgia 30308
RE: United States v. Ward, et al. (E.D.N.C.
File No. 83-63-CIV-5)
Dear Bill:
Yesterday, Judge Britt entered a consent order granting the
State of North Carolina's Motion to Intervene in the federal
CERCLA case. As a condition to entry into the federal case, the
State agreed to dismiss its State court action (State of North
Carolina v. Ward, et al, Wake County Superior Court, File No.
81 CVS 4229). This was done after you confirmed in your letter,
dated January 27, 1983, that Special Condition 30 of the Super-
fund Cooperative Agreement would not be violated by the State
taking a voluntary dismissal in the State action.
Enclosed are copies of: (1) Judge Britt's order, (2) the
State's Filing in Compliance with Court Order, (3) the State's
Notice of Dismissal in the State action, and (4) the Wards'
Notice of Dismissal of their counterclaim against the State in
the State action. The State court action is now terminated. Under
our Rules of Civil Procedure, a notice of voluntary dismissal does
not require any judicial order to dismiss a civil case.
Special Condition 30 of the Cooperative Agreement states that:
. '.' 30. After the State's acceptance of CERCLA funding
from EPA for cleanup of the PCB roadside sites,
the State agrees not to settle its claim or claims
with any of the responsible parties in the case
entitled State of North Carolina, et al, v. Ward
et al., currently pending in the General Court of
Justice, Superior Court Division of Wake County,
North Carolina, or in any other case against
any of the responsible parties without the express
written consent and authorization for such settle-
ment from EPA."
Page Two
17 February 1983
The dismissal of the State court action, with EPA's consent, makes
Special Condition 30 unnecessary. The State requests that the
Cooperative Agreement be amended to delete Special Condition 30.
Special Condition 31 of the Cooperative Agreement states that:
11 31. Any recovery achieved by the State pursuant to
settlement, judgment or consent decree in the
ab o ve-referenced action or any action against
any c f the responsible parties will be shared
with EP A in proportion to EPA's contribution
to the site cleanup under CERCLA. 11
Special Condition 31 also appears to no longer be necessary
now that the State and federal government are both parties-plaintiff
in the federal CERCLA action. It was never the intent of the
Cooperative Agreement for the federal government to recoup its ex-
penses paid under the Cooperative Agreement and then collect from
the State 90% of what the State can collect for expenses incurred
by the State which the Cooperative Agreement did not cover. This
could leave the State with 10% of 10% of the recoverv of the cleanuo
costs. The lanauaae of Soecial Condition 31 could allow such an
anomalous result. Because the federal CERCLA action will permit
both the State and federal government to be fully reimbursed for
expenses incurred in cleaning up the PCB roadside spill sites,
Special Condition 31 is no longer necessary. The State requests
that the Cooperative Agreement be amended to delete Special Condi-
tion 31.
Special Condition 33 of the Cooperative Agreement states that:
11 33. The State will cooperate with EPA and the
U.S. Department of Justice so that legal
actions against any of the responsible parties
are coordinated in a manner that will result
in the greatest recovery of the costs of the
response measures undertaken by bo'th the State
and EP A. 11
This provision is sufficient to assure that the State will cooperate
fully with the federal government in order to obtain reimbursement
f:r'cirt],~u~k ._Ward and Ward Trans former Co. , Inc. for the illegal
dumpin·g of ·pcB-laden transformer oil along our roadsides.
Finally, I have not received any further information on how
the State is to comply with Technical Condition B-4 of the Coopera-
tive Agreement. After receiving guidance on this requirement, I
will draft the appropriate documents and file them in Warren County.
..
Page Three
17 February 1983
It has been a pl~asure working with you on this case. If
any questions remain unanswered of if I can provide further in-
formation or assistance, do not hesitate to contact me .
TFM/dw
cc: Andrew A. va·nore, Jr.
William W. Phillips, Jr.
David T. Buente
Jack Cozort
Gwyn P. Newsom
enclosure
·"' .;,_, , ~t ~----
Sincerely,
RUFUS L. EDMISTEN
Attorney General
~~~~
Assistant Attorney General
------·-----· ------
~~~· /1 tT1'1
1. ASSISTANCE ID NO. 2. LOG NUMBER
U.S. ENVIRONMENTAL PROTEC"tlON AGENCY CX810314-0l-O
' • EPA ASSISTANCE AGREEMENT/AMENDMENT 3. DATE OF AWARD 4. MAILING DATE
PART I• ASSISTANCE NOTIFICATION INFORMATION AIAY 25 1982 _ _.._
6. PAYMENT METHOD ~-AGREEMENT TYPE
Cooperative AgrNment X D Advance 0 Relmburs.nent !XJ Letter of Cred It
Grant Agreement Send Payment Request To: , 7. TYPE OF ACTION
Aainance Amendment Fin. Mgmt. Center, Las Vegas New
8. RECIPIENT 9. PAYEE
State of North Carolina Business Office z Department of Crime Control & Public Safety State of North Carolina 0 ~ 512 N. Salisbury Street Department of Crime Control & Public Safety < Raleigh, North Carolina 27602 !::! 512 N. Salisbury Street z Raleigh, North Carolina 27602 < C, ~~~;~;;------7co::~~ThNALD~~reT--10. RECIPIENT TYPE a: 0 State I-z 11. PROJECT MANAGER AND TELEPHONE NO. 12. CONSULTANT (WWTCorutructton Granta.Only) w ~ William W. Phillips, Jr. u Project Manager N/A w a: [phone]
13. ISSUING OFFICE (City/State) 14. EPA PROJECT/STATE OFFICER AND TELEPHONE NO.
Al Hanke I-Project (.J Washington, D.C. Officer < I-FTS: 8-257-2643 [phone] z 0 (.J
< Cl. w 15. EPA CONGRESSIONAL LIAISON & TEL. NO. 16. STATE APPL ID (Clcarln1houu) 17. FIELD OF SCI ENC, 18. PROJECT STEP(WWT CG
Judy Rohrer 755-2687 81-E-4900-5214 99 Only) N/ A
19. STATUTORY AUTHORITY 20. REGULATORY AUTHORITY 21. STEP 2 + 3 & STEP 3 (WWT Con•truction Only) N/A
•· Treatment Leval PL96-510 40 CFR, Part 30 b. Project Type
c. TrNtment Level
d. Sli.dge Dftlgn
22. PROJECT TITLE AND DESCRIPTION
Remedial actions at the North Carolina Roadside Sites -"The construction of a PCB land-
fill and the cleanup of PCB contaminated soil along North Carolina Roadsites using CERCLA or "Super Funds".
23. PROJECT LO CATION (AFTcu Impacted by Pro/ect)
CitY/Place CountY State Congr••lonal District
Raleigh Wake NC 4th
24. ASSISTANCE PROGRAM(CFDA Pro,:ram No. A Title, 26. PROJECT PERIOD 26. BUDGET PERIOD
Super fund 5/25/82 -5/24/83 5/25/82 -5/24/83
27. COMMUNITY POPULATION (WWT CG 28. TOTAL BUDGET PERIOD COST 29. TOTAL PROJECT PERIOD COST Only) N/A $2,543,700 $2,543,700
FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL
30. EPA Amount Thia Action :;,L.,.:>4.:S,/uu
31. EPA In-Kind Amount n/ a
32. Unexpended Pri6l:V.,-.r Balance n/ a
33. Other Federal Fund•·, · --) n/a
34. Recipient Contribution n /-::,
36. Stat• Contribution .., I,,
36. Local Contribution n/ a
37. Other Contribution .., I,,
38. Allowable Project Con ,.., I,,
Program Element FY Appropriation Doc. Control No. Account Numb• Object Clea Obllgatlon/Deobllg. Amount
.J < (.J TFAY98 68/20X8145 !:!l 82 E2A031 2TFA724R14 41.83 $2,543,700 ~ ---oi M
EPA Form 5700-20A (Rev. 5-82) Replaces previous editions and EPA Fonns 5700-1 A, B, C, and D, a{if£h~~ ~P.s\GJieJ..1 st for this Projec!
_ nda R ' . . ,,_ "ls
• \\ash1ngt on, PHONE .,Z{):,f. 'J.:£83·1 (
NORTH CARDLINA
PITTORNEY GENERAL'S
1"'l f"' \ ·i ~-1 ()()')
r,·~~i. ENVIRONMENTAL PROTECTION AGENCY
ASSISTANCE AMENDMENT
(Optional)
CX:810314-01-1
AMENDMENT NO.
1):,.1 i J '_I
, . (Please read msrructions on reverse) 1
. -NOtifiiR'.~i-!;\~Blf?1~::~~?T~b~~~~t!th one copy must beexecutedand re~ed to the Grants Administration Division for Headquarters
;:.;ii~•'"ce aw~E~i!lo the Grants Administration Branches for St?.te and local! assistance awards within ~ weeks after receipt
or within any e:i:tension of time as may be granted in writing by EPA. ·Except as may be otherwise provided, no costs as a result of
the Amendment may be incurred prior to the execution of the Assistance Amendment by the parties thereto.
Receipt of a written refusal, or failure to receive the properly executed document within the prescribed time will result in the ter-
mination of consideration of the Assistance Amendment by EPA.
GENERAL INFORMATION
APPROPRIATION AND ACCOUNTING DATA
A?PF.OFF,,IATlv/.1 NUMBER ACCOUNT NUMBER OBJECT CLASS CODE
: 68/20X8145 2TFA724Rl4 41.83 DCN: E2A031
'DESCRIPTION OF AMENDMENT: PURSUANT TO EPA ASSISTANCE REGULATION 40 CFR 30.900 "PROJECT CHANGES AND ASSISTANCE MOOIF•
; !CATIONS'" AND 40 CFR 30.900-1 "FORMAL ASSISTANCE AMENDMENTS," THE ABOVE NUMBERED ASSISTANCE AGREEMENT IS AMENDED AS
i FOLLOWS: I This amendment reflects a modification of Special Conditions on Cooperative Agreement
dated 5/25/82 as follows:
18. Delete in its entirety and substitute the following:
The trucks used for hauling the contaminated soils to the PCB approved
landfill must be either. 1) lined with (6 millimeter or greater) plastic
sheeting with all contaminated sheeting being disposed of in the PCB
landfill, or 2) must be fitted with specially constructed tailgate
gasket assemblies which will provide an effective seal.
19. Delete in its entirety.
36. Delete in its entirety and substitute the following:
You are authorized to charge allowable costs on this project effective
May 25, 1982.
AWARD APPROVAL OFFICE
O RGANIZATION
ADDRESS
Environmental Protection Agency
Washington~ D.C. 20460
NAME
·1 State of North Car'olina Department
of Crime Control & Public Safety
ISSUING OFF'ICE
ORGANIZATION
Grants Administration Division
ADDRCSS
Environmental Protection Agency
Was-hington, D.C. 20460
RECIPIENT ORGANIZATION
ADDRESS
512 N. Salisbury Street
Raleigh, North Carolina 27602
Except as provided herein all terms and conditions of the basic assistance aflreemenl, includinfl prior amendments, remain unchanged
and in full force and effect and ubject to all applicable provisions of 40 CFR Chapter J, Subpart B.
EPA Form S70C-208 ( Rn. 11-79)
CX810314-0l-O
ASSISTANCE IDENTIFICATION NO
b. SPECIAL c;ONDITIONS (Continued)
PART IV
NOTE: The Agreement must be completed in duplicate and the Original returned to the Grants Administration
Division for Headquarters awards and to the appropriate Grants Administrations Office for State and local
awards within 3 calendar weeks after receipt or within any extension of time as may be granted by EPA.
Receipt of a written refusal or failure to retumthe properly executed document within the pr~s~ribed time, may
result in the withdrawal of the offer by the Agency. , Any change to the Agreement by the recipient subsequent
to the document being signed by the EPA Award Official which the Award Official determines to materially
alter the Agreement shall void the Agreement.
OFFER AND ACCEPTANCE
The United States of America, acting by and through the U.S. Environmental Protection Agency (EPA), hereby offers
assi~tance/amendment to the State of North Carolina, Department of Crime Control & Public Safety
RECIPlc.NT ORGANIZATION
fbr 100 % of all approved costs incurred up to and not exceeding $ 2,543,700 _ _.__....._ __ ......,A'"'s""'s""l:i-t"'A,..N""c,..E_,.A.,.M-o...,O"""r;""r,---------
for the support of approved budget period effort described in application (including all application modifications)
"Remedial Actions at the North Carolina Roadside Sites" 4/16/82 included he,ein by reference.
A ::.:, ANO LE
ISSUING OFFICE (Grants Administration Office)
ORGANIZATION/ ADDRESS
Grants Administration Division
Environmental Protection Agency
Washington, D. C. 20460
/7
AWARD APPROVAL OFFICE
ORGANIZATION/ ADDRESS
Office of Solid Waste & Emergency Response
Environmental Protection Agency
Washington, D. C. 20460
( _.. ~ ,AHif~~ STAT.iij; OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY
"~s1G~·oF,A~f,,.-tli"'b'"1--· / / I TYPED NAME ANO TITLE Frederick L. Meadows, Chief DATE _l'I
l..tt::::[",.,~,,,,_~ ~ _,, '1Jfff /4/7/PA~I~ Ooerations Branch (PM 216) IMAY 2 5 103.:,;,
~ ~ . --. ,, ~ ----. -v -.
This Agreement is subJect to applicable U.S. Environmental Protection Agency statutory provis:ons and assistance
regulations. · In ac~epting this a"."acd or amendment and any payments made pursuant thereto, (1) the undersigned
1represents that he is duly authorized to act on behalf of the recipient organization, and (2, the recipient agrees
(a) t~at the award is subject to the applicable provisions of 40 CFR Chapter I, Subchapter 8 and of the provisions
of this agreeatent (Parts I thru IV),,and (b) that acceptance of any payments constitutes an agreement by the payee
that the amounts, if any found by EPA to have been overpaid will be refunded or credited in full to -EPA.
BY AND OH BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION
SIGNATURE I TYPED NAME AND TITLE I CATE
EPA Form 5700-20A (Rev. 8-79) PAGE4OF4
PART II APPROVED BUDGET -ASSISTANCE IDENTIFICATION NO
TABLE A -OBJECT CLASS CATEGORY TOTAL APPROVEC ALLOWABLE
(Non-construction) BUDGET PERIOD COST
1'. PERSONNEL $ 799 654
2. FRINGE BENEFITS 215.806
3. TRAVEL 144 000
4. EQUIPMENT -0-
5. SUPPLIES 119,850
6. CONTRACTUAL 466.600
7. CONSTRUCTION -0-
8. OTHER 797,790
9. TOTAL DIRECT CHARGES 2.543.700
10. INDIRECT COSTS: RATE % BASE -0-
11 . TOTAL (Share : R ecipien t. %. F ederal 100 %) $2,543,700
12. TOTAL APPROVED ASSISTANCE AMOUNT $ 2,543,700
TABLE B -PROGRAM ELEMENT CLASSIFICAT ION
(Non-construe tion)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12. TOTAL (Share: Recipient---%. F ederal %J
13. TOTAL APPROVED ASSISTANCE AMOUNT $
TABLE C -PROGRAM ELEMENT CLASSIFICATION
(Construction)
1. ADMINISTRATION EXPENSE -2. PRELIMINARY EXPENSE
3. LAND STRUCTURES, RIGHT-OF-WAY
4. ARCHITECTURAL ENGI NEERING BASIC FEES
5. OTHER ARCHITECTURAL ENGINEERING FEES
6. PROJECT INSPECTION FEES
7. LAND DEVELOPMENT
8. RELOCATION EXPENSES
9. RELOCATION PAYMENTS TO INDIVIDUALS AND BUSINESSES
10. DEMOLITION AND REMOVAL
11. CONSTRUCTION AND PROJECT IMPROVEMENT
12. EQUIPMENT
13. MISCELLANS:OUS
14. TOTAL (Lln~~~hru 13).
15. ESTIMATED INCOME (If applicable)
16. NET PROJECT AMOUNT (Line 14 minus 15)
17.LESS: INELIGIBLE EXCLUSIONS
18. ADD: CONTINGENCIES
19 TOT AL (Share: Recipient %. Federa1 %)
20.",TOTAL APPROVED ASSISTANCE AMOUNT $
EPA Form 5700-20A (Rev. 8-79) PAGE2OF4
The rec1p1entcovenants ana agrees tna( H w1u c-:\µcu•~•'-''-'.:.._. ............. -..... ·····-._. --···• ----. . .
which assistance has been awarded under this agreement, in accordance with all applicable provisions of 40 CF R
Chapter J, Subpart B. The recipient warrants, represents, and agrees that it, and its contractors, subcontractors,
employees and representatives, will comply with: (1) all applicable provisions af 40 CFR Chapter I, Subchapter B,
INCLUDING BUT NOT LIMITED TO the provisions of Appendix A to 40 CFP Part 30, and (2) any special
conditions set forth in this assistance agreement or any assistance amendment pursuant to 40 CFR 30.425.
b, SPECIAL CONDITIONS:
(For cooperative agreements include identification or summarization ·of EPA responsibilities that reflect or
contribute to substantial involvement.)
1. EPA awards this cooperative agreement in accordance with the Federal Grant
and Cooperative Agreement Act of 1977. This agreement is subject to all
applicable EPA assistance regulations.
2. This award is subject to the procurement standards of 40 CFR Part 33 (copy
attached). Any contract issued by the State under this Cooperative Agreement
shall meet the requirements of Subpart F, Sections 33.1005-.1024, and shall
include the clauses in Section 33 .1030 or the equivalent.
3. The recipient agrees to the following conditions in accepting this Assistance
Agreement for the letter of credit method of financing:
(a) Cash drawdown will occur only when needed for its disbursements;
(li) Provide timely reporting of cash disbursements and balances as required
by the EPA Letter of Credit Users Manual;
(c) Impose the same standards of timing and reporting on secondary recipients,
if any.
4. The maximum daily rate for consultant services shall not exceed the daily rate
for a GS-18, which is currently $221.12.
5. The cost principles of Office of Management and Budget Circular A-87 are
applicable to this award.
6. The recipient agrees to submit the final report in accordance with 40 CFR
30.635-2 and the "Scientific and Technical Publications"; 5/14/74, as revised
and updated at the time of report preparation.
7. The Governor's certification letter and the assurances in Part ID (page 4)
6f the cooperative agreement application comply with CERCLA section 104(c)(3)(A)
which requires that the State assure all future maintenance and operating costs
,for the. expected life of the PCB landfill as determined by EPA.
CX810314-0l-O
Pag.e 3b of 4
Special Conditions
16. The State agrees to submit all final plans, reports, and/or recommendations
to the EPA Project Officer for review and approval prior to implementation
of any project activity.
17.
18.
20.
21.
22.
23.
24.
The State agrees to provide the EPA Project Officer with a copy of the
contract for landfill construction and all other available technical
documents pertaining to the landfill construction, operation and maintenance.
The trucks used for hauling the contaminated soils to the PCB approved
landfill with be lined with (6 millimeter or greater) plastic sheeting.
All contaminated sheeting will be disposed in the PCB approved landfill.
In the event that soil sample analyses indicate that additional contaminated
soil removal is necessary, EPA and the State agree to amend this cooperative
agreement to continue the contaminated soil and disposal activities according
to the procedures described in the scope of work.
The State agrees to establish a final EPA approved community relations
plan within 30 days of the award. All press releases, media presentations,
etc., shall be issued in accordance with the EPA approved community relations
plan and EPA policy guidance.
The State agrees to submit quarterly progress reports to the EPA Project
Officer. These reports shall cover expenditures to date and expenditures
since the previous report; estimates of work completed (as a percentage of
the total work to be done on that activity), with a description of the basis
for the estimates; estimated variance (cost and time) expected at project
completion, based on current project status; as well as an itemization of
expenditures by cost category.
The State shall satisfy all Federal, State, and local requirements, including
permits and approvals, necessary or implementing activities addressed in
this cooperative agreement.
The State will provide access to the site, as well as all rights-of-way
and easements necessary to complete the planned response actions.
The State will fully comply with all applicable requirements under the
Toxic Substances Control Act (TSCA), 15 U.S.C. §2601, et. seq., and
each condition of the landfill's TSCA approval as found in EPA's letters
dated June 4, 1979, and December 14, 1981 (see attached letters).
25. Any costs incurred by a State contractor or subcontractor in removing
. '''cit);ijisposing of wastes for which that contractor or subcontractor is determined
to be liable under section 107 of CERCLA are not allowable costs.
26. EPA shall not be liable for damages to property or injuries to persons
that result from or are caused by the acts or omissions of State
employees, State contractors or State subcontractors in carrying out
the activities set forth in the cooperative agreement.
CX810314-0l-O
Page 3c of 4
Special Conditions
27. The award of this Cooperative Agreement does not create an agency
relationship between the State and EPA. Further, EPA is not and shall
not be held out to be a party to any contract awarded by the State
pursuant to this cooperative agreement.
28. The award of this cooperative agreement does not constitute a waiver
of EPA's right to bring an action against any person or persons for
liability under sections 106 or 107 of CERCIA, any other statutory
provision, or common law.
29. The State of North Carolina warranta that it has not acted, is not
acting, and will not act as the agent, representative or privy of EPA
in the expenditure of CERCLA funds or in the prosecution of any action
at law or in equity for the recovery of funds expended or to be
expended by the State or funds expended or to be expended by EPA with
regard to actions related to the PCB spill. EPA expressly denies that
the State of North Carolina has acted, is acting or will act as the
agent, representative or privy of EPA in the expenditure of CERCLA
funds or in the prosecution of any action at law or in equity for the
recovery of funds expended or to be expended by the State or funds
expended or to be expended by EPA with regard to actions related to
the PCB spill.
30. After the State's acceptance of CERCLA funding from EPA for cleanup of
the PCB Roadside sites, the State agrees not to settle its claim or
claims with any of the responsible parties in the case entitled State
of North Carolina, et. al., v. Ward, et. al., currently pending in the
General Court of Justice, Superior Court Division of Wake County,
North Carolina, or in any other case against any of the responsible
parties without the express written consent and authorization for such
settlement from EPA.
31. Any recovery achieved by the State pursuant to settlement, judgement
or consent decree in the above-referenced action or any action against
any of the responsible parties will be shared with EPA in proportion
to EPA's contribution to the site cleanup under CERCLA.
32. Upon the. State's acceptance of CERCLA funding from EPA for cleanup of
the PCB Roadside sites, the State agrees to provide the EPA Regional
Counsel with copies of all papers filed to date with the court in the
above-referenced action. In addition, the State agrees to submit to
the EPA Regional Couns.el quarterly status reports (including copies of
any papers filed in court) regarding the above action or any other
ac1t:,~. ~y ~he State against any of the responsible parties.
33. The State will cooperate with EPA and the U.S. Department of Justice
so that legal actions against any of the responsible parties are
coordinated in a manner that will result in the greatest recovery of
the costs of the response measures undertaken by both the State and
EPA.
CX310314-0l-O
Page 3d of 4
Special Conditions
34. CERCIA section 104(c)(4) requires that selected remedial actions
provide a cost effective response which provides a balance
between the .need for protection of public health, welfare and
the environment, and the availability of amounts from the Fund
to respond to other sites. In the event that additional CERCLA
funding is requested by the State .to expand the scope of work
for this project, EPA will re-evaluate the need for additional
remedial actions and available Fund monies to determine the
appropriate extent of remedy to the funded under CERCLA. Based
on this determination, EPA may amend this agreement or negotiate
a new cooperative agreement.
35. The State agrees to submit to the EPA Project Officer
certification that the State possesses the necessary competence
required to accomplish the activities to be performed by "force
account" (utilization of State employees). The State must also
perform a cost analysis of alternative methods (force account
and subagreement) for accomplishing these activities. The
analysis should be submitted to the EPA Project Officer within
30 days of acceptance of this cooperative agreement and should include
the technical and cost data necessary to enable EPA to evaluate the
cost-effectiveness of the alternative methods. EPA may make a downward
adjustment on the cooperative agreement based on the findings of the
cost analysis.
You are authorized to charge allowable costs on this project effective
March 25, 1982
.-
IJllitcd !"•t:i•~ I ,,,.,,.,r:-n~,t,~an.,! P, otrcti,'ln
1\i1c11c.v
June 4, _1979
nr,,ion i1
:i•i!·, (t,tut!:~n:1 s~~~:r.: Nl
/,1l;m1.1 G,\ :SOJl.iil
llonorable \1arW!5 B. Hunt
Governor of Horth Carolina
State Capitol
Raleigh, North Carolina 27611
Deci.r Governor Hunt: ..
\al
/,:,1h.>rn~. (;r.orni;,, Floriclo'I,
l,'its~i:.~opl)i, I;,,, th Ca, 01111.i.
~;,u,th C:i!:ohn~. lrn.1c:.Sl'C.
l~l'llluCii:\'
ATTACHMENT 1
Qn "f-"ebruary 17, 1978, the United States Enviromr.~nta1 Prnte::-tion
As~ncy (EPA) published final regulations in the Frdera1 R~~ist~r
. -. (~3 fR 7150-71(/1) on Po1ych1orinated ~iphenyls (1-'C~sJ, Dis;)(1:;a1
and M~rl:inq. These regulations 1-.,ere amended by the feder,,'i Re;1·;.-~.c:·
· (43 rn 339H.:-33920) on August 2, 1978. These:: rc·gulati~ns prr;hii.iit
the dis posu 1 c ... -:= rCBs at any site not .ipproved by th~ EP/i a f~.e:--
Api-il 18, 19i8, and these regulations require that the O\·mcr and/er
op~rator ~fa chemical waste landfill u~ed for the disposa1 of PCSs
sub:1-lit infor1;1~t'ion in accordance \·dth Section 761.4:, Ch~mictl \~~1ste:
Landfills, tc the Re;ional Administrator for revi~~-
In c:ccc:rdunc:; 1·1ith the tibove refcre:1ced resuL1tion:, a fornit1l r.~)'1i-
catio;1 1·:us filed 11ith this offic~ cJ(lt:;d Deccrr.b<!r ·12, 1973, r.:-:C]li ."'Sti:1g
approval of a sit•~ in Harren County, llc,rth Carolina \·:hich \·:iil be
o:-mcd u!ld op~r:1tcd by the Stutc of ~!ortn Carol in.J end_ used for th~
di:.po~..il of PCB cont~minuted scil f;~om the high:·111y shoulders in the
State and fr9m the Fort B1·aga rnilitf!ry re::;erv.1tio;1. A put.,1 ic, hl~t1:--i:1:;
-1,t1s held in l·!arre11ton, Horth Carolina on Jant.:ary ~, 1979, for ruulic
input. The hearing record h'J.S h~ld open until Jull!lilry 12, 1979, for
additional 0rittcn public input into the decision process.
The result of EPA's review is that the proposed 5ite \·Jill r.i.:(.-'t .:ill the
tech!lic:11 rc(1t1i,ements fer a che:-:iical \•:aste landfiJl as rcq•.1frcct ~n
S12ction 7G1.1:l(b), when coristructcd iii i:Ccerdnncc \·1Hh th2 enclosed
conditions to this approval cxce~t for the foll0Hi1!9:
(1) 761.4l(b){lj(vi) "/\i-tificia1 liner thickn~~.s 30 mil. er
greater."
·::,~~2) 761.41(h)(2) "Th~ site shnll be ~t least fifty fc~t from the ·
~ ;_ · nbarest groun~wnter.11
(3) 761.41{b)(5)(_iii)(dj "Chlorinater.J OqJt1nics."
These three re<1u'irc-111ents ?.re hcrchy waivNJ for thr. reasons given in '
the enclosed tcchnicul revic1·1. Yo11r reri!Jest to \·rnive the 1c.:id1Jte
~olkct-ion systc,a trndcrncat!1 the liner is dcilied for the reaso;is ·
stated in the enclosed tcclinicul reviC"\·1.
ll
E ..
. .
V
-2-
/kcordinri1y, the l·!urr~n Cou.nty, i-Jo1·th Carolina site fo.L>e Ol·:ncd und opcr;1ted
by the State of 1-lorth Carol inu for the clisposul of PCC contuminuted high1·1uy
shoulder soil is hereby approved subject to the enclosed conditions as u
. chemical waste lundfill as authorized in ~O CFR, Part 761. It is understood
bv CPA ,111cJ the State of North Curol ina thnt this approval is based on the ·
c~nceptual design only and that the final construction plans and specifica-
tions (if any) must be approved in writing by this office prior to
the initiation -of construction. · .
This approvul is not to be construed to be approval for incineration,
storage, marking or records and monitoring. We will continue to work
with you in any way we can to expedite a public health oriented and
environmentally sound solution to the PCB probleii1 in North Carolina.
Si nc_ere ly yours,
. . . __ .9r_ici~2~ ~.ic:lcd _D:r ! · ...
John· C. Hhite
Regional Administrator
Enclosures
cc: Herbert L. Hyde, Secretary
NC Dept. of Crime Control
. &. Pub l.i c S,lfcty
···~ .. ••,,, . , a
...
-:. --: .--.-. .--·. -., -~~-., .. • ..... ·. -.-. -· -; -··------·-· ·-· --· --• .. --.. ----··-· .
Marshu.11 Staton, Chief
Sanitury Enaincering Section .
Division of Health Services
· ~ • · NC O~pt. of Hur.iun Resources -·-.. ··-· ... -.-.. _--.. --·• .. --. . .. . .. -
Jerry Perkins, !lead
Solie.I l-/oste & Vector Control
N.C .. Dept. of Humnn Resources f.
Division of Health Scrvic2s
·---··-·-· ---···-··--..
•
/\:)provil1 Conditions for the PCC Disposill Site Oi•:ncd
And Opera tcd by the Sti1te of Uoi-th Caro 1 inJ-in
\·!,1 rrcn· County, rtorth Curol ina on the Property Dcsci-ibcd
.in Governor llunt's Oeccrnbcr ·12, 197,3", /\ppl ication as o~•mcd
by Curter C. Pope and Linda W. Pope Found in Deed Cook 27D,
Page 252.
A. Gcneral"Requircincnts (all reports should be sent to the ncgional
Administr~tor, Attention: Jan~s H. ~carbrough):
. .
1. Notify EP/\ at least t\-JO weeks in udvance of the expected start of
construction.
2.-Notify EPA at least t\'lO \'leeks in udvance of·the initiation of disposal
of PCB waste at the site.
3. Send EPA the data which is required by 43 FR 761.(l(b)(S), rno~itoring
syste:ns for baseline and on the frequencies specified •
. -. . . --. . . . ...
-··4 ■-··1-iaint~in·records·as specified in 43 FR 761.45(b)(3) us uppropriJtc
· and subnit ,-lithin 90 dcJys after .closur e of the site to t he Hesicnal
Admi ni s tra tor.
5. Advise EPA inn1ediately of-any changes, alterations or diverg2nces
in the opcrationnl and mJMgcriul pol icic:s 2nd prcc::ciures cs out-
1 ined in the documents submitted in support of the application.
G. Report to• EPA u-ny instance of detection of PCGs through the m::mitoi·-
--_:_.in_g_J>l~o9r~1~ i1~:_n:::di!;itely. ___ .. ______ ...... --· .. ··-·--··-····----··--·-·-·-·--············
B. Technical Conditions of /\µprovul: ··
1. The one foot of cover to b0 p 1 aced only oi, the tni dell e 20 feet to
-.-. ·::-::-:·-..-~·:_-30 feet of the fii·st _lift of \•Juste .to preclude sh1.rntfo9 any infil-
. · tration to the side walls. · -·
. .
·.
· 2. I\ soils cnginccr-ing firm sho.11 be cmplo_v"ed to prov·ide quo.lity co:1trol
during the co:,struction of the clay-silt 1 iner.
3. Engineering cxpcrt·ise $hall be provided by the Sti1te or a consu1tin9
firm on-site dLJring all operations to provide ;inci assure conforn:.:ince
with the fini'll plans. Such assurance shilll be furnis:1ecJ to ti1e
Rcuional Ad1;1;nistrator at the co:;;plctio:1 of the project \·Jith a copy
of "«s bu'il t" p1«ns.
4. ,,A, record shil 11 be pl need on tl~c property deed ,-:hi ch st i pul iltcs
·th-~JF11·ticuli1r bounc.lury of th~ disposal J1·ca ,rnd \·icJSte contilincd
thci·ein ,,Jith the ussociatcd ,-1Jsle elevations •
5. The State sh.:ill mnintain an "all wcuthcr" ilcccss road indefi.nitcly
to permit ncc:css to the site and to fJci1 it~tc collection of samples
fro:,1 1i1Jnitoring \·:el ls.
..• < ..... ' ..
-2-. ·.
6. \-/uste will bc-compuctcd as much us pnlcticc:blc·-vlith trucked equip111cnt ~·-·
to prevent scttler:K!nt after closur~. ,~>
· 7. Appropriate erosion control measures shall be applied during excavu-
tiun, filling and after closure.to minimize erosion.
8. Trucks used for hauling·the waste must be covered; _ . . . .
9. The finul plans and spccificatinns (if any) shall be submitted to
the Regionc1l Aciministrc1tor (/\ttcntion: Jam~s II. Scarbrough) and
written approval received prior to the initiation of construction.
10. A leachate collection system ~ith a sump and access which
will allow pumping out of any collected leachate is required
c1bove and below the clay liner.
-·
,,;
------· ···----·--·--------·· ---·· ---------·---·-··-· --· ·--·----·· --··--------. .. . . --... -. . .. . ··-•·•.. .
. ------------. _____ . ___ ----------------·---------·-----------------
.. --·-·-· ---·--·-· -·-··· ··-
• I
I
j I
ATTACHMENT 2
booc-raLle J~•~s b. Hunt
G<..,vf:rnor cf i·.;cru. .~olina
~t:::t.t-Ccsf,ltal
l-.. :al~i~h, ,,ort.h Carcllnc; 27cll
Cn J:.:.r.e 4, i979, R~ion IV gave conct:f;tual a?proval, with 0:rtz:i.n .
cc:101t1<.::--.s, tc ~ )\a.rr~n County, ~.:Orth Carolino, site as a che!iiical ;..,aste
lc:.n..i.till ~ aut..~vrizea in ~O 0:-.2., Pc.rt 7bl. Cne of t±e ccnr..:.iticns \oicS t..l:lat
tii~ ::;t.=ti: st.±ziit final f•lc.r.s and S?:-Cificatio:-..s to this off ice for approval,
in .,.riti:is, I.)ricr tc ttE-initiation cf c..-cnstruct.ion. 'l'he5e t-lar.s and
!.:[~--ci.tication~ r!c.~ L--etn sutmitte<l anc c:re !:t::reby c1pprcveo subject to the
t:r.c.;losc(; ccrioiticr.s.
·,•r..: CC;nr.'t:-.c.. ycu anc che rr.-any in'\."Olveci fer your ce..::icc:ticn to reaching a final
~clut1or. tc this e~virvr~kntal problem ~3Sec en the t.E:C-~logy as it eXists
ti:..ca~·. .rr \-.-€ c.:c.1r. bE 0£ t-urti":er a~sistar.ce, plc:~Sc 11-.:t r.:e kr.c-w •
.:::ir,cerely yocrs,
Isl Ch:3rles R. Jeter
Rninr.~1 Ad:-nini~tr~tor
01arle~ h. Jeter
.hr.--<; ie;r.al ;'li;rr,inistra tor
cc: !•!r. Durley?., Hitch~ll, Jr., St--cret.:ry,
1.;crth Cc.rolir.a LepartJient
of Cri-,;;e Control &~ t'Utlic Safety
i<aleic;!":, 11.orth Carolina
u.~. ~tric~larx.;, ~u(J
~olic J ~jtczc1rt..vUD \·.a~te i·:,:mact.1"'!ent ~rancn
£r.v1rcr.J::E·r.t.al i➔c-i:.l t,'1 Sectic:;n -
Ce-r.art..~rit oi. hUi11e:n f;e,wurces
i.Jivisicn of r~~ltJ, ~rvic..-es
Ntlt>i';ih, !~rti, Cc-.rclina
I;-r. Sara Horrow
Lief-art:t..ent of Hunan f<esoura:s
Livision of Eealth Services
F-..:ile-igh, l·.orth Carolina
bee: Charles R. Jeter, RA
Mike Newton, ORC
Howard Zeller, Acting CARA
James H. Finger, ESD
Paul Traina, w-ID
Thomas Devine, m-10
Dr. Robert Lewis, Rl'P
-2-
3.
4.
5.
I. Undis
labor
prior
!'<>!t...."1 '-.::1.Cv ... _~ • .::., '-""'•--------
by the State of North Carolina on property formerly owneo oy l...:ir cc.:. ----=--=
and Linda W. Pope, found in Deed Book 278, ,page 252.
I. Reference June 4, 1979 approval letter signed by John C. White
A. General requirement numbers 1, 2, and 5 remain in effect.
B. Technical condition numbers l, 2, 3, 4, 6, 7, and 8 remain in
effect. Condition numbers 9 and 10 have been satisfied.
II. Additional conditions of this approval are:
A. Leachate collection will be monitored monthly and collected
leachate disposed of properly, if required (761.41 (b) (7)).
Records will be maintained on file at a designated State office.
B. The operation plan will be followed, as approved (761. 41
lb) (8) (ii)).
C. Records will be maintained and submitted to the Regional
Administrator within 90 days of closure (761.41 (b) (8) (IV)).
D. The fence, gate, and access road shall be maintained in good
i.orking order as long as post closure monitoring is required.
E. Report to EPA Region IV any instance of detection of l?CE's through
the monitoring program inrnediately.
F. Designate a State departrrental person who will be responsible for
operation and for post closure montioring prior to initiation of
construction (761. 41 (c) (5)).
G. Notify EPA Region IV 30 days prior to transferring responsibility
for operation or any change in ownership (761.41 (c) (7)).
H. M::>nitoring Program
l. General
The parameters for ground and surface water monitoring for
this program are found at 40 CFR (761.41 (b) (6) (iii) (A), (Bl
and (C)). Samples should be collected and analyzed in
accordance with EPA approved procedures.
Ground Water
a. Background -Each well must be sampled at least three
ti.Ires and the data sut:mitted to Region IV prior to any
disposal. A minimum of one week should elapse between
sampling. At each sampling a minimum of t-wo replicate
-------~--,-•-, ~~. 0 :;c~ value or concentration should be
RUFUS L. EDMISTEN
ATTORNEY GENERAL
~hrle of ~odq filnrolimr
~cpudmmt of ]m,ticc
P. 0. BOX 629
MEMO
TO:
FROM:
RE:
RALEIGH
27602
21 May 1982
Bill Phillips, Bob Adams
W. A. Raney, Jr.~
Superfund Agreement
I have just been informed that EPA is going to include
the following special condition in the superfund cooperative
agreement.
"The State agrees to submit to the EPA project officer
certification that the State possesses the necessary
competence required to accomplish the activities to be
performed by 'force account' (utilization of State
employees). The State must also perform a cost analysis
of alternative methods (force account and sub-agreement)
for accomplishing these activities. The analysis should
be submitted to the EPA project officer within 30 days
of award and should include the technical and cost data
necessary to enable EPA to evaluate the cost effective-·
ness of the alternate method. The EPA may make a down-
ward adjustment on the amount of the award based on the
fundings of the cost analysis."
I do not believe this will create any real problems but it will
require the State to explore the relative costs of force account
versus contract for the pick-up and transportation. EPA wants
this certification in order to refute claims by Ward et al. that
the State did not use the most cost effective approach and is not
~ntitlted to recover the full cost of the project.
, '·'t~-.-. '•,·.
I understand from my conversations with
unlikely that contractors have the necessary
loaders) to perform the pickup as proposed.
may be sufficient certification.
Bob Adams that it is
equipment (Athey
This in and of itself
-2-
I also understand that new procurement regulations will
be applicable to our subcontract with Lineberger. I have attached
a copy. I would presume that they are typical of federal contract
requirements and that Lineberger will not object to their in-
clusion; however it might not hurt to touch base with him on
this point.
-~"',, . 't~-----·
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D .C. 20460
OFF ICE OF
SO LI D WASTE AND EMERGENCY RESPONSE
Mr. Heman R. Clark
Secretary
North Carolina Department of Crime
Control & Public Safety
512 N. Salisbury Street
P.O. Box 27687
Raleigh, North Carolina 27611
Dear Secretary Clark:
On behalf of Miss Rita M. Lavelle, the Assistant Administrator
for Solid Waste and Emergency Response, and the Environmental
Protection Agency, I am pleased to confirm the signing of a
cooperative agreement with the State of North Carolina for
remedial cleanup action on approximately 210 miles of State highway
contaminated by PCB spills.
This agreement, funded under the Comprehensive Environmental
Response, Compensation and Liability Act commonly known as Superfund,
includes an award of $2,543,700 to the State to conduct the necessary
work.
You and your staff are to be congratulated for your strenuous
efforts and cooperative attitude, which led to development of this
mutually acceptable agreement. Your contribution is very much
appreciated. We at EPA looks forward to continued cooperation with
the State of North Carolina to bring the project to a successful
conclusion.
1 lia
Director
Office of Emergency and Remedial Response