NCD980602163_19900115_Warren County PCB Landfill_SERB C_Cooperative Agreement, 1982 - 1990-OCR

·-'l'51fWO
4APT-PT
Mr. William Meyer
Director
REGION IV
345 COURTLAND STREET. N.E.
ATLANTA. GEORGIA 30365
North Carolina Solid Waste Management Division
P.O. Box 27687
Raleigh, North Carolina 27611-7687
Dear Mz:.· Meyer:
Please find enclosed a copy of the December 14, 1981, letter
sent to the State of North Carolina from the Environmental
Protection Agency (EPA), Region IV's, former Administrator,
Charles R. Jeter. This letter served as the final EPA approval
for the Warren County, North Carolina chemical waste landfill.
A review of the "Final Approval Conditions" section indicates
that this permit document needs to be updated to present stan-
dards. A permit revision process will be initiated by our
Toxics Section to ensure that the landfill approval is in con-
junction with all current PCB landfill regulations. These
standards are found in the Code of Federal Regulations, Title
40, Section 761.75.
At this time, we expect to have an updated permit issued for the
Warren County site by the end of this fiscal year. If you have
any questions or comments on this matter, please contact Carin
DeBenedictis at [phone].
Sincerely,
Richard D. Stonebraker
Chief, Pesticides & Toxic Substances Branch
Enclosure
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 3U 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~~-Jeremy Akers
,s ~ohn ·-Wheeler
RUFUS L. EDMISTEN
ATTORNEY GENERAL
~irrte of ~ort17 (!larolimr
~cpn:rtmrnt of 3Jusficr
P. 0. BOX 629
RALEIGH
27602-0629
17 February 1983
, ,
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:
~· 3 0 • 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:
"31. Any recov ery achieved by the State pursuant to
settlement, judgment or consent decree in the
a bo ve-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."
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:
"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 EPA."
This provision is sufficient to assure that the State will cooperate
fully with the federal government in order to obtain reimbursement
fi6nfij3u_ck _Ward and Ward Trans former Co. , Inc. for the illegal
dumpi~~ 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
Sincerely ,
RUFUS L. EDMISTEN
J,.ttorney General
~~~
Assistant Attorney General
512 N. So/isbury Street
.James B. Hunt, Jr., Governor l !r-:nian R Clark, Scc 1et::,ry
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 :
Encl0-sed-:-is a copy of .the. state analysis of the six soil
samples taken from the landfill on October 5, 1982.
Wl~P j r: jj
Enc.
cc: 0. W. Strickland
Bill Raney
Joe Lennon ·-•;,~-:,,~rank 'B. Rainey, ✓ ~. -• ·:,. 4
Sin~erely, ~fl,~
J(~p~~:.1~ 1 ·
Assistant to the Secretary
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Division cf.
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~:\ ... :. ANALYSIS REPORT
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.,ABORATORY
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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 Amer~ca, 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 supplem~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:
- 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 slevation 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 Septernbe~ 1983.
i~h~f!&4
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 execution of the foregoing instrument.
WITNESS my hand and notarial seal this the 19th day of
September , 1983.
~ 'i-~
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
r-:., /'\7 4°01< .. .. ··-..
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I, ,; ..-:S.::~4-,:~•·
Book 366 -Page 18l
-2-
south 30° 16 minutes e a st 1 84 fc~t. south 13" 40 minutes e3st 88 feet, south )8° 2~ m1nutcs c 3st 65 feet, south 29• 07 minutes cast 10 3 fee t. north ,4• 22 minu tes cast 112 feet, south 81° 40 mi nutes
cast 190 feet, south 89" 21 minul~s east 195 fc~t, south 42•· 31 minutes ei:st 440 feet, south so• )0
minutei cast 304 feet, south 43" 25 minutes cast 21 6 feci, south 38" 06 minut~s east 255 feet,
south 65° 50 ~inutea east 220 feet, south 46° 23 minutes east 175 feet, ~outh ,a• 24 ~inutes
east 108 feet, sout h 45° 37 mi nutes east 155 feet
south 83" 57 minutes east 129 [eet, north 4° 11
minutes west 127 feet, north 21• 32 minute• east
96 feet, south 74• JO minutes ea st 99 feet, south 7• 0) minutes east 120 feet, and aouth 14° 48 ~inutea
east 167 feet to an iron, northeast corner of N.8 . White property; thence along tM lines of N.8. wh1te, south 75• 19 ~inutos west 2004.61 feet to an iron and south )0 08 1t1inutes eaat 1121.73 feet to an iron in the line of said J .B. Dav11 property, thence
along the line of J.B. tavia, north 81° 45 minutes
west 1681.78 feet to the place of Bl:GINNING, con-
taining 142.323 acres.
P.XClPTtoNS TO AHO RESTlUC"T'IOtfS ON TAAC'T I
l. Landfill Parcel
The Party of tho First Part Retain■ all riqht, title and
interest in a 19,317 acre parcel hereinafter deaignated a•
•Landfill Parcel• located entirely vithin th• pr•vioualy des-
cribed Tract I and designated as Landfill Parcel on a aep
dated April 1, 1982, and recorded in K&p Book 11 , Page 4
of the Warren County Reqi1try1 and 910ro particularly d•"ribed
a• follova1
BEGINNING at an iron, located south 21• 01 ~inutea 55 second• west 286.74 feet free the north• west corner of the N.B. White prcr,:~tr, run• thence aouth 111• 02 ainute• 02 aeconda weat 712. 00 feet to an iron; run• thence north 02• 57 ■inutes 58 ~econda west 1076.00 feet to an iron: rune thence north 11• 02 minute, 02 aecoftda east 782.00 !eet to an iron, runs thence south 02• 57 ~inutea 58 Mconcl• east 1076.00 feet to an iron, the point and plaC1! of !EGJN>llNG, containing 19.317 acres.
2. Easement Aero•• Trest I tQ wndfill Parc~l
The Party of the Pirat Part Retain••• a privileqe ap-
purtenant to tho Landfill Parcel a non-xcluaive perpetual
caaement across Tract I ••id •••.-.rt bein., 66.51 f-t in width
u ahovn on • .-.p 6-ted April 1, lt12 and recorded 1ft Nap
1\ook 11
apeci!io■lly deeari~ •• h>llove,
:-
r .
.UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
SEP 161983
4AW-RM
Mr. Thanas C. Karnoski
Environmental Engineer
34!5 COURTLAND STREET
ATLANTA. GEORGIA 30365
Solid & Hazardous Waste Management Branch
306 North Wilmington Street
P.O. Box 2091
Raleigh, North carolina 27602-2091
I:x:ar Mr. Karnoski: ·
This office has reviewed the reoord to be placed in the property deed for
the Warren County Chemical Waste Landfill which you sul:mitted 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 docurrent for our review. If you have any
further questions please contact me.
Sincerely yours,
;I
Scarbrough, Chi
s Management Branch
Air & Waste Management Division
-,; . ., '~ ~.t ~-·. -
DIVISION OF HEALTH 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.
ST A TE HEAL TH 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 connnents 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,
-s-L c~
Thomas C. Karnoski, Environmental Engineer
Solid & Hazardous Waste Management Branch
Environmental Health Section
Enclosures
cc: William W. Phillips/ Jr.
Thomas F. MoffittV
NORTH CAROLINA
1\TTORNEY GENERAL'S OFFICE
AUG 1019bj
t:f✓1R0Ni,l!;NT/\L PROi"cCTION SECTION rt:crn •·~
James B Hunt, Jr / 'a rah T Mo MD MPH c;TATF(')FN(')IHHcAR(')IINA fJFPARTMFNT(')FHIIMANRF<;(')IIRcF<; ~ . rrow, ' .
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 remain
unanswered, do not hesitate to contact me at 733-5725.
/kh
Attachments
cc: Bill Phillips
~hd.e nf ~orlq C!!arolina
~tpadment of Jlu1diu
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 elftvations.• 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 witn 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
UNITED STATES ENVIRONMENT AL PROTECTION AGENCY
REGION IV
2 9 1983 34!5 COURTLAND STREET
ATLANTA. GEORGIA 30365
AW-RN
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~nty PCB Landfill
Dear Mr. Phillips:
Closure of tbe Warren County PCB landfill should be completed within the
corning weeks. A review of the landfill approval conditions identifieG in
Region IV's letters of June 4, 1979, and December 14, 1981, indicates the
below listed information is required to document those conditions
relating to closure and security activities.
l.
2.
3.
4.
Copy of the •as built" plans of the landfill. f
(Item B.3 of June 4, 197S, letter) ~~
Copy of the •as built" plans of the leachate collection system. J
(Item B.10 of June 4, 1979, letter) s ti r
Copy of the record placed in the property deed v1hich stipulates
the boundary of the disposal area and waste containecJ therein.
(Item B.4 of June 4, 1979, letter)
Documentation of approval of the erosion control measures for
the site. :S-o .. ,...
(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 installation of the fence and gate at the facility. s~f
(Item II.D of December 14, 1981, letter)
-:-~ . 6. C9py of waste disposal records as specified by 40CFR
;~~ • 7E;il.4l(b)(8) (iv) and 40 CFR 761.45 (b) (3) to be submitted 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 remaim.ng 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 appropriate
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,
~I.I~
Scarbrough, Chief
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
'.'.m'.9#-~ic?-tion of the Cooperative Agreement. As I related to
you' ·1n my letter, dated February 17, 19 83, 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 of this provision 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 leave 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 recover 100% of
what it seeks froIT Buck Ward, et al.
I would be remiss in my duty as the attorney for t~e 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 willfully
cooperate with the federal government to pursue recovery
of all cleanup costs, as ,.,;e 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. Newson,
, ./1,.;_ C .· '
en2ro-sure -
Sincerely,
RUFUS L. EDMISTEN
Attorney General
..__..,, ~-·1 i; j . _ __,
Thomas F. M~tfitt
Assistant Attorney General
'l'O: ?o:·.· ~·.(;rr:c::l:i/Gc-rJ on Layton
Technical Condition E-4
'In.is rr,'2TI:O follc;.JS-UF 'IT'.y conversations with Tor:-, Y.er;1oski
rGgcrdin.g t ~,e ,~cc'.1.,:ent 2:PJ, \~ants tnc State to fil-2 in order
to ccr.-.ply wi t~1 r::·ec!rn.ical Ccndi ti0r.. E-4 of t:1e .s-..1{:crfur,L: co-
operative agr2c~e~t. ~ttach~tl is the letter I ~rote to Bill
Andreen (LPA -~tlanta) asking for guidance on how to cornFly.
·Also actached is h~~ re~ly.
I.
Please a d vise r .e if we can :;.;eet thesE: n::!cuireri,en ts r:ow.
If not, ac,vise r:--2 wher. we ca.11. As soon 2!s t he State is
car:.:able of meeting the B-4 requirenents, I will draft the
necessary l e gal docurr,ents.
/ck
cc: Bill Phillips
/
f
NORTH CAROLINA
UNITED STATES ENVIRONMENTAL PROTECTION AGENC'ATTORNEY 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.
:Vil~~.
William L. Andreen
Assistant Regional Counsel
cc: William W. Phillips, Jr.
o. W. Strickland
David T. Buente
9 February 1983
MEMORANDUM
TO: Tom1:.Kernoski
Tom Moffitt
RE: Warren County PCB Landfill
Yesterday, I received a call frore 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 4ft Moffitt 11\
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
County, but retains the 19.317 acres encomoassinq the land-
fill. The deed also sets forth restrictive covenants con-
cerning the landfill orooertv .
As a matter of public 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 any additional notice
should EPA believe that more notice is necessary. Before,
I draft another instrument, I would like some detailed quidance
from EPA concernino what thev want.
/dw
i ;~:c::~· -'• . encl. -
0
2 February 1983
lV'.£1.lORANDUM
TO:
FROM:
RE:
Tom Kernoski
Tom Moffitt
Warren County PCB Landfill
Prior to l e aving the Attorney General's Office, Bill
Ra.nay indicated that some materials concerning the PCB
landfill nay need to be filect in the Register of Deeds office
in wa:::-ren County. i1ppare;itly this i.s required by the si ti:?
approval and SuperfunJ grant. It is ~y unde rst~~ding that
DbR ~ocs t~is for all landfills.
In. our ccnverf;a tion last \veek, :1ou suqgested th~t I
review the i:Pl, appruval lette::::, dateu June 4, 1 97 9 and singed
by John C. White (a copy of which is attached). You indicated
that a certified copy of the solid waste permit 1r1ay be what
Bill Raney had in mind.
Let's get together and discuss this matter in the near
future so that we can resolve this problera, if the problem
exists.
/ck
James B. Hunt, Jr., Governor
Mr. Leslie M. Buie
North Carolina Department of
Crime Control .IQ
& Public Safety
PO. Box 27687 512 N. Salisbury Street Raleigh 27611
August 11, 1982
Heman R. Clark, Secretary
U.S. Environmental Protection Agency
Divisional Inspector General for Audits
Southern Division Suite 515
1371 Peachtree Street, N.E.
Atlanta, Georgia 30309
RE: Draft Audit Report No.
E5cA2-04-0135
Dear Mr. Buie:
We take exception to the cost questioned concerning
Activity #3, 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 pl~ced on the
land conveyed to Warren County is incorrect. The State still has
virtually total control over the use of the 123.006 acres that are
being used for a buffer zone. Please note the language of the
restrictive covenant on page 4 ofthe deed.
We want to 3gain 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,
l:=.?~-J A. L:~~
Raymond A. Lichtner
Controller
I\J<Jrtl1 Carolir1a
Department of /\cf ministration
I ]t, l.\',·,t /,,,,. .. , .')tr ,•,·; f·:nfr?t!/1127(;/ j
J ames B. Hunt, Jr. Governor
Jane Smith Patterson, Secretary
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
R~w.s
Jack~ of your office has requested we provide you with information
on the decision to purchase the entire Carter Pope tract for PCB disposal
as opposed to the twenty acre disposal site only. There were a number
of individual considerations which collectively dictated that acquisition
of the total tract was the only feasible route to follow. I have attempted
to itemize these:
(1)
(2)
(3)
Mr. Pope indicated a willingness to sell only 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 raised the question of substantial damages
to the remainder property. We considered it entirely possible that
an adverse jury award would have placed the cos t .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 negotiate
a release of these liens without a substantial payment against the
oqtstanding 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/jf
cc: Mr. J. K. Sherron
RUFUS L. EDMISTEN
ATTORNEY GENERAL
MEMO
TO:
FROM:
RE:
~±ate of ~ nr±q (!Jnrolimr
Ray Lichtner
~cpad111cut uf ]uzticc
P. 0. Box 629
RALEIGH
27602
27 July 1982
W. A. Raney, Jr.~
Special Deputy Attorney General ·
Draft Audit Report -Superfund Gra nt
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." 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. ( See p. 3 8, 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
,.qyestions as to whether the State could condemn the land. Thus,
tfr~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 information please call on me.
/ck
cc: Bill Phillips
Book 366 -l'c1gc lHO
S'l'l\TE OF NOHTII Cl\ROLJN/\
COUNTY OF Wl\lWEN
'l'IIJS DFED made this tlic 26th c.lay of May , 1982, by
ll1<· SL.:1te of ~iorth ,ca,~olinr.1, Party of the first Part und
\-;;\rrcn County, Party of the Second Part.
W I T N E S S E T H
That th<:~ State of North Carolini:l .in settlement of a
l,:iw:rni t entit.Lcd Warren Cot~ v. State of North Carolinn, et
.:.il, in the U.S. Diotrict Court of the Eastern District of
North Carolina as 79-560-CIV-5 and in the F'ourth Circuit U.S.
Coui-t of: /\ppcals an 82-1019, hereby conveys to Wa1 ·ren County,
its successors and assigns, a certain tract of land, located in
Shocco Townsl1ip, Warren County, North Carolina and certain
cui;cm0nts and restrictive covenants runninq with the land as -~
follows:
TRACT I -Carter Pope Tract
The State conveys all its riqht, title irnd interest in
a c e1·tt.1in trnct: of land in Shocco Township, lvarren County,
No,· l: h Ca ro 1 ina, subject to the exceptions and retained rights
hbr.c .inufter described, sa.id tract b e ing more par t icularly des-
cribed as follows:
'l'hat cerU,in tract of land described in a deed from
Carter C. Pope and wife, Linda W. Pope to the State of North
C a.rol ina and recorded in nook J 2 8, Page 8 3 o F. the w.-1r ren County
He9istry and shown on a map dated l\pril l, 198 i , ilnd recorded
in Map Book 18 , Page 4 of the Warren County He9istry and
beinq, more specifically described as follows: . '
'
BEGINNING at nn iron in the line of P.P. Pope,
1 Jr.; at the northwest corner of property now or
; formerly owned by J. B. Davis; Uwnce along th e
line of P. P. Pope, ir., north 5 ° 05 minute s east
1985.45 feet to an iron, north 39 ° 30 minutes
east 195 feet, north 24° 00 minutes cast 2J S f e et,
north 13° 15 minutes east 1G3 feet, north 42° 30
minutes east 244 feet, north 35° 30 minutes ea s t
\ . 253 feet, and north 10° 30 nnnut e s west 270 feet to
an j_ron; thence down Rich Neck Creek the following
cou~ses and distances: north 34° 42 minutes east 160
f e e t , nor th 61 ° • 0 5 min u \: c s e a s t l 3 0 r cc l: , sou t h
87° 40 111.inutes east 139 · fee t, south 5 5 ° 21 mi nutes
east 113 fee t, sout h 7° lG minu t e s c,1s t 191 f ee t,
Hook 366 -Page 181
-2-
south 30° lG minute~; cc1~;t 104 r,.,,ct, south 13° 40
11d nut cs e cl St 8 !) f CC t , ~i OU I: Ii l O O 2 2 m j 11 U f-. CS C il !3 t
(i'.) feet, south 29° 07 111i.nutci~ (~,1st 103 feet, north
7'1° 22 minutes Cc.\:C:it 112 feet, south 81° 40 minutes
c<1st 190 feet, south 89° 21 minutes east 195 feet,
s u u t h 4 2 ° 3 l m i. nu le s C ,1 r1 t 4 4 0 f e C t ' s Ou t h 5 0 ° 3 0
n1inutes ccist 304 Cect:, ~10uth 43" 2'..i minutes cc:ist
2 l G f c 0, t , so~ d1 3 8 ° 0 G 111 in u t cs ('as t 2 5 5 f c ,~ t ,
south G5° 50 minutes ec1st 220 .feet, south 46°
2:3 minutes east 1·;5 feet, south ·;n° 24 minutes
c .:1 :_; t 1 O U r e e t , sou th 4 5 ° :n rn .i n u t e s ca s t 1 S 5 f e et
so u th 8 J O 5 7 rn i nu t e ~, ea s t l 2 9 f cc t , no r t h 4 ° 11
minutes west 127 feet, north 21° 32 minutes east
9C feet, south 74° 30 n1inutcs cast 99 feet, south ·;0
03 minutes cast 120 feet, and south 14° 48 minutes
e i.1 s t l G 7 r c e t to an i r on , no r t h c a s t co r n c r o f N • B •
White property; thence cilonq the 1 ines of N.13. White,
south 75° 19 minutes we~;t 2004.(i l feet to an iron
and south 3° 08 minutes cast 1121.71 feet to an iron
in the line of said J.B. Davis property, thence
along the line of J.n. Dc:wis, no1:th !31° 45 minutes
west lGSl.78 feet to the place of IH'.GINNING, con-
t a in i IHJ 14 2 . 3 2 3 a c r cs .
EXCEPTIONS TO /\ND IU~STH 1 CT 1 ONS ON TRJ\CT I
·1. Lanclfill Porcel
~~!~c Party __ of the First Part Retains all ricJht, title and .•
.f) inter.est in c:i 19.317 acre parcel hcn::inafter designated as -~~Y
,·.:
'-"Landfill Parcel" located entirely withi.n the previously des~-
cribed 'l'r.act I and designatecl as Landfill P,n-ce.l on a map
dotccJ .l\pril 1, 1982, ancl n~corcled in M.1p Book LO , Page 4
of: the Warren County Rcgist1:y; and mon~ particularly described
BEGINNING at an iron, located south 27° 01
minutes 55 seconds west 286.74 feet from the north-
west corner of the N.B. White property, :runs thence
south 87° 02 minutes 02 seconds west 7!32.00 feet to
an iron; r.uns thence north 02° 57 minutes 5B seconds
west 1076.00 feet to an fron; runs thence north 87°
02 minutes 02 seconds east 782.00 feet to an i1:on;
runs thence south 02° 57 minutes 58 seconds e~st l.076.00
feet to un iron, the point and place of BF.GINNING,
containing 19.317 acres.
2. Easement Across Tract I to Landfill Parcel
The Party of the First Part Ret.d.ns as a privilege ap-
purtenant to the Land f il 1 Parcel a 11on-exc 1 us i ve pe 1:petual
easement across Tract I said easement beinq 6G.57 feet in width
as shown on a rnao dated April 1, 1982 and recorded in Map
Book 18 , Page 4 of tha Wc1rren County Registry, and bcfng
spcci fically described as follows:
Book 366 -Page L82
-3-
BEGINNING at an e:dstinq .iron, saicl i.ron beinq
the pQint of I3EGTNNTNC of: Tract T; i-uns thr:ncc alone;
and with the wcsten1 pruperty line of Trc1ct J, norlh
O~i 0 04 minutes 17 seconds east 94.4] feet to an iron;
nrns thence north 49° 53 minutes 43 seconds cast
BHG.17 feet to an iron, r1 point in the western line of
L he Lan cl r-i 11 Pa r c e 1 ; run s th c n c 0. w i t h s a id w c s tern
I i 11 e sou t h O 2 ° . 5 7 rn i nut i:.: i, 5 8 s cc o II d s ca~; t B 3 . 5 0 feel
to an iron, thr~ southwr:·sL co1:ne1: of the L.:rndfill Pu.reel;
n1ns thence south 49° SJ minute s 4J seconJs west
~02. 73 feet to the point and pL1cc of BL'CI:l!HNG,
containinc; l.JG7 .:icrcs.
'!'he Pil1·tv of tile rirst Pa1-t Retains 21 tE•rnporat·y easement
cci11t:,1i.n.inq 7.lUl a.crcs adjoininCJ the south cnrJ of the Landfill
l',Hctd fol" the purpose of (i) excavat.in<J, removi.nq and stock-
pi ling earth or other material for. the const1·uction of the
L1nilfill; (ii) stor,~qe and operation of equipment to be u sed
in Llw construction, operation and closing of the landfill;
and (iii) cJ.isposal of excess earth which is not us ed in the con-r:
stn1cti.on ol the landfill in such c.1 m<1nner that the material
wj_J 1 be graded to fit existinq contours and will lJc seed Gd;
tc111por,1ry easement will . expire upon the cornpletion or the
J;\1H1fil.l which is to be constructed on the Landfill Parcel.
Th<.:' tcmpor a ry casement is shown on .:1 rna p da tecl /\pr: i 1 1, 19 8 2,
.:1rn] recorded in Map Book 18 , Paqc 4 of the ivarren County
l<t!qistry and is specifically described as follow~;:
IJ FG I N NIN G a t an i r on , s a id i r on b c i n g tl w
southeast corner of the LancHill Parce l; nins
thence south 02° 57 minutes SU !,cconds cust
400.00 feet to an iron; 1.-uns thence south 87°
02 minutes 02 seconds west 782.00 feet to ~n
iron; runs thence north ~2° 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 Lnndfill
Parcel north 87° 02 minutes 02 seconds cast 782.00
feet to the point and place of BEGINNING, con-
taining 7.181 acres.
4. Stream Monitor 5.11_9_ Easement.
,'
The Party of the Fir~t Part Retilins the rig~t of unlimited
ilnd unrestricted access from the Landfill Parcel to all str.eamr;
r.unning through or bordering on 'l'ract I for. the purpose of
sampling and monitoring the waters thereof; said access to be
by· reas·onable mc~ns and across reasonable rou l:es.
Book JGG -Page 183
-4-
':,. Restrictive Covc-nc1nt. on Tract T
'J'r-act T i .c; convcyec.1 sul,iccL Lo the• fo] lowiny restr i.ctive
covcI1.:1nt. 'I'r.~1ct I may l>e used by Lite Pc1rty of the Second Part,
i U; successors ancl 'c1ssicJ11s, only for such uses as are con sis-
l.c11t with its function as a uuffer zone between the Landfill
Pnrccl anJ tlw property adjncent to Tract T. All residential
11:;c:!, ore µrohibitec1. Conuncrcial, .industrial, institutional,
rr.·crc,!aLiona.l, ,:igriculturul, or any other uses involving tem-
po1·.-:icy, periodic, 1~egu.lar or occasion-:11 human use or occupancy
,1rc prohibited unless approved by lite Governur and Council of
SL\te as bcinq consist;cnt wi.th thC' use of tlw property ~H; a
burrer zone.
TR/\C'l' II -l'aul Pope f.asement
'!'_~1e Party of the First_Pa_!J:Y__Conveys a non-exclusive ..
}H:1·pcLuc1l right-of-way and casement of eqress, ingress and J)
J)
rcq1·ess from secondary roac.1 No. 1G04 Lo the southwest corn~1~
or 'l'racL I; saLd easement consistinq of the 40 foot easement
yranteu by Paul P. Pope and wife, llclcn D. Pope to the Stole
of North Carolina ancl recorded in Book 328, Page 86 of the
Warren County negistry and the 20 foot easement granted by
Carter C. Pope and wife, Linda W. Pore to the State of North
Carolina and recorded in Book 328, Page 83 of the Warren County
Re9istry. The Party of the r-'irst Port retains the right of
unrestricted nnd un 1 imi ted use of said ease1nen t concurrent
with such rights in the Party of the Second Part. The easement
is shown on a map dated l\pril 1, 1902 and recorded in Map
Book 18 , Page 4 of the \varren County Hegistr.y and is more
particularly described as follows:
BEGINNING at a point in the center of Secondary
Road 1604, said point being located north 20° 40
minutes east 100 feet, north 17° 16 minutes east
418.4 (eet of a point in the center. of said SR 1604,
\vhich point is located where the souU1er11 property
line of the Paul P. Pope, Jr., tract o[ land, inter-
sects the center line of said SR 1604; runs thence
from the point of Beginning south 70° 38 minutes
east,989.62 f_eet to a point; runs thence norl:h 44°
32 minutes east 681.80 feet to an iron in the
-----···•-•' .... . ,
··;.......-..... ·,·c...· ·----· ----.-~l..•-'""\A.:W.li't .. ~·~~~-~~,;!~~;:;.::;.._:..:.:..::..:::.:::..:;.:...::=:=-==-:..::-:;;;:t_ ..... _______ ~ __ -__ .. -4.,-_·-----------__...;;:..
Book 366 -Page 184
-5-·
·.,H,stcrn fJ1~opcrly line of the ofou~saill descri.becJ
1'12.)23 itcre truct of lc:ind; runs Lhencc alon<J and
with sa.icl line south 05° 04 rninutc!J 17 seconds west
94.41 feet to an iron, Lhe southwe?st coi·ner of s.:iid
t:,-act rJf !.:ind; runs thence south 44° 32 minutes west
(147 feet to a point; runs the:ncc north 70" 38 minutes
west 102S.52 feet. to a point in the center of said
SI< l GO '1 ; nin s thence u .1 on y an cl with the c en t c r o f
said SH 1G04 north 17° 16 minutes west 60.04 feet
to the point and place of BEGINNING, containing
2.JOJ acr~s.
r~r;~;'l'R ICTIVC COVENANTS ON Ll\NDFILL Pl\HCEL
'I' h C _Pi\ I'. .s_y . 0 f the F i r S t I' ct 1-t CO n V CY S t O llw P i1 r t y O f L he
Sc'cond Part t·cstrictivc covenants on the property described
h('rctofore as "Landfill Pan;el." Such coven<1nts and rcst1:ic-
Lions shall run with the Landfill Parcel and c1re exµressly
,t!J!;cntl~cl to by the Party of the Fii:::;t Part. S::-i i.cl coven,:1n ts
.:111 cl r c s l r i c t i o n s a re a s f o 11 ow s :
l. E:-:ccpt for the PCB conL:rndn.::,tcd mater it1ls resulLi.~f
from a discharge of PCl.J's alon<J approximately :ni t '
mi l e s o f S t .:1 t e hi CJ h way r jJ ! h t -o I -w a y an c1 a t For t
Urag9 Military Reservation on or about 24 June,
1978, and for about 7 weeks thereafter, no other
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. 104E-5(9a) and
G.S. 104E-5(14) shnll be placed upon, disposed
of or stored on said real property.
2. Except for such necessary, proper and approved
activities relating to the safe disposal and
storage of the above described PCB materials
... .. \ '··
which have been approved by the United States
Environmental Protection l\gency and described
in the Environmental Impact Statement dated
November 13, 1980, no ot.hcr hazardous or t·adio-
active waste management activities shall be
engaged in ·on said real property; pi.:ovtdcc.'! that
nothing herein shall preclnde the St.:ite from
Book 366 -Page LBS
-G-
nece ssary to remedy any pro blems with the
' 1 an u f i 11 w h i ch co u 1 c1 con !3 t i l u t e c.1 t h n : a t
to pub l i c' he a. l th a n d fl a f c t y .
Tl is further undei:stoo <J and aqn~cd th.:1t enforcement of
Lh<!!~c covenants and restrictions shall be by any proper pro-
cc-c·dinq at law or in equity aqainsl any person, firm or
c<.>qior..:ition, including the State or. i-lorth Carolina, violatiny
t) r· ,1 t 1-~rnpt inq to violate any covenant or n~ strict ion con ta.ined
lic•rcin, either to restrain ~;uch viu lat.ion or to recover dcimages.
TO 11/\VI·: /\ND TO llOLD ( i) Uw property c.1escr i.l.ic:d as 'l'ract I
~,1.1bj e ct: to the exceptions and restrict ions enumerated; (ii) the
J'.,1!:;ement described as Tract 11; and (iii) the ncstrictive Cov-
,,.
1.:11,,nts hereint1bove described; to rJcthc r with a11 pr·ivilegcs
and .ippurtenances thereunto belonrJ .irHJ to the sc1i.d Party or ui,c
~.(:') ,.
:;vcond Part, i t: S S U CC e fj SO l' S ,_
IN TESTIMONY WHEREOF the Stat:c o f N0t-U1 Carolina has
to be cxecut.c d as of the day and year
State
ti -1
'
Book 366 -Puge l86
:1 STATI~ OF NORTH CAROLINA
' ! " C-:Ol/NTY OF \./AKE 'I I j! l ,I
I
I
i J, DEBORAH ANN CANDLER, a Notary Public in and for the County and
State aforesaid, do hereby ce rtify that JAMES B. HUNT, JR., Governor of the
I I State of North Cnrolino, and THAD EU:'{E, Se c retary of State of North Carolina ,
peraonally cnmc before me thiR cloy and be i ng by me duly sworn says each for
himself that he knowo the Great Seal of the State of North Cnrolina and that
the ne nl affixed to the foregoing inotnunent iB the Gr.eat Seal of the State;
that JAMES n. lllJNT, JR., Gove rnor of ,i.lld Stute, and TI-lAD EURE, Secretary of
i
1, State, s ubscribed their name s thereto, all by virtue of o rcoolution of the
!I
:I
lj
I
ii
Co unc-L.l of State; and that naid ina trum,~nt io the net and deed of the State
of North Carolinn.
lN WITNlrnS WHEREOF, I have hereunto net my hand and Seal,
this the 1 ,AS 41 day of ____ 'l_(ll,LJ--__ _
Notary Public
My CommisHion Expires:
u, Cotllll\tt1.Sn [rplro n-24-86
North Carollnn -Warre1\ County
The toregoing certificate o f Deborah Ann Candler, a Nota
Public of Wake County, N. C., t s ce rtl.fied to be corre ct. Re-
corded on May 26, 1982 .it: 10:05 n 1 c!o ck /\. M. Ln Book J_G_~,
Page _}_J;_'O .
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D .C. 20460
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:
OFF ICE OF
SO LID WAST E AND EMERG ENCY RESPONSE
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.
e • e an,~-
Director
Office of Emergency and Remedial Response
~--~· /1 tTr't
1. ASSISTANCE ID NO. 2. LOG NUMBER
U.S. ENVIRONMENTAL PROTECTION AGENCY CX810314-0l-O
., EPA ASSISTANCE AGREEMENT/AMENDMENT 3. DATE OF AWARD 4. MAILING DATE
•· PART I· ASSISTANCE NOTIFICATION INFORMATION MAY 25 1982 -.. -e;. AGREEMENT TYPE 6. PAYMENT METHOD
Cooperative AgrNmant X D Advance D RelmburMm■ nt IXJ Letter of Credit
Grant Agreement Send Payment Request To: , 7. TYPE OF ACTION
Assistance 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 < t:) ~f~;;;_~;------ico::~~ThNALD~~~T--10. RECIPIENT TYPE a: 0 State I-z 11. PROJECT MANAGER AND TELEPHONE NO. 12. CONSULTANT (WWT Conatructton Grant. Only) w ~ William W. Phillips, Jr.
CJ Project Manager N/A w a: [phone]
13. ISSUING OFFICE (City/State) 14. EPA PROJECT/STATE OFFICER ANO TELEPHONE NO.
Al Hanke I-Project Officer CJ Washington, D.C. < I-FTS: 8-257-2643 [phone] z 0 CJ
< Cl. w 15. EPA CONGRESSIONAL LIAISON & TEL. NO. 16. STATE APPL 10 (Clearln1hoiue) 17. FIELD OF SCIENCi 18. PROJECT STEP(WWT CG
Judy Rohrer 7 55-2687 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
a. Treatment Level
PL96-510 40 CFR, Part 30 b. Project Type
c. Trs■tm■ nt Level
d. Sludge Design
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 (Ana, Impacted by Project)
City/Piece County State Congr••lonel Dlnrlct
Raleigh Wake NC 4th
24. ASSISTANCE PROGRAM(CFDA Pro,ram No . .t TltleJ 25. 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 This Action v.t.,.:>'¾..;),/UU
31. EPA In-Kind Amount n;a
32. Unexpended Prl~r\YMr Balance n;a
33. Other Federal Funds,•· --n;a
34. Recipient Contribution n /-::,
35. Stat■ Contribution n /,:,
36. Loc■I Contribution n;a
37. Other Contribution n/::i
38. Allow■bl■ Project Con "I~
Program Element FY Appropriation Doc. Control No. Account Number Object Class Obllgatlon/Deoblig. Amount
-' < CJ TFAY98 68/20X8145 !:2 82 E2A031 2TFA724Rl4 41.83 $2,543,700 ~ -·· en M
EPA Form 5700-20A (Rev. 5-821 Replaces previous edition, and EPA Fonn15700-1A, e. c. and D, arf~11lNP~d1i¼.1St for this Projec(
. . . nda R. Wash in •• )r. -~
r-·
I
I.
NORTH CARDLINA
ATTORNEY GENERAL'S r,·LJ~k. ENVIRONMENTAL PROTECTION AGENCY
ASSIST AHCE AMENDMENT
(Optional)
CX810314-0l-1
AMENDMENT NO.
(Please read msrructions on reverse) 1
.NOt~ViR'.TH~Nti:~~?T=Afil~C-=Te~1b~;1mr-o,~ .. ,~.,..~"'lt""ru!th one copy mast beexecatedand re~ed to the Grants Administration Division for Headquarters
,.:.;i/,itA"ce aw~E~~!jo the Grants Administration Branches for St!'te and local! assistance awards within ~ weeks after receipt
or within any extension 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.OPFilATION NUMBER ACCOUNT NUMBER OBJECT CLASS CODE
'. 68 / 2 OX8 14 5 2TFA724R14 41.83 DCN: E2A031
'DESCRIPTION OF AMENDMENT: PURSUANT TO EPA ASSISTANCE REGULATION 40 CFR 30.900 "PROJECT CHANGES AND ASSISTANCE MODIF•
'!CATIONS" AND 40 CFR 30.900-1 "FORMAL ASSISTANCE AMENDMENTS," THE ABOVE NUMBERED ASSISTANCE AGREEMENT IS AMENDED AS
FOLLOWS:
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, 19.82.
AWARD APPROVAL OFFICE
ORGAN! ZATION
Office of Solid Waste & Emer enc
ADDRESS
Environmental Protection Agency
Washington, D.C. 20460
NAME ·,
State of North Carolina Department
of Crime Control & Public Safety
ISSUING OFFICE
ORGANIZATION
Grants Administration Division
ADDRCSS
Environmental Protection Agency
Washington~ D.C. 20460
RECIPIENT ORGANIZATION
ADDRESS
512 N. Salisbury Street
Raleigh, North Carolina 27602
E xcept as provided herein all terms and conditions of the basic assistance agreement, including prior amendments, remain unchanged
and in full force and effect and ubject to all applicable provisions of 40 CFR Chapter J, Subpart B.
__________________ e_E_H_A_L.;._F_O.;;_,..F_T_H-.:E:.....::Dc..:E::cS;;..;1-.:G NATE O l'l EC IP IE NT ORGANIZATION
SIGNATURE TYPED NAME AND TITLE DATE
EPA Form S70C-20S (Rev. 11-79)
CX810314-0l-O
ASSISTANCE IDENTIFICATION NO
b. SPECIAL CONDITIONS (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 prescribed 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 AHO ACCEPTANCE
The United States of America, actin2 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 Safet-v
RECIPlt.NT ORGANI ZATION
1hr 1 QQ % of all approved costs incurred up to and not exceeding $ 2,543,700
AsslsTXNCE AMOO r-J T
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 / 8 2 included he.ein by reference.
C'A1-A ND T TL.E
ISSUING OFFICE (Grants Administration Office) AWARD APPROVAL OFFICE
ORGANIZATION/ ADDRESS ORGANIZATION/ ADDRESS
Grants Administration Division Office of Solid Waste & Emergency Response
Environmental Protection Agency Environmental Protection Agency
Washington, D. C. 20460 Washington, D. c. 20460
/7
(-~ ;iHtfJCJ~ STATfi$ OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY
~-oF,A~w,t~H~t TYPED NAME AND TITLE Frederick L. Meadows,
, ~ ~ •✓, • 'A -~ Onerations Branch (PM 216)
Chief{ATE MAY 25 103~. '-~ -·-If I I.., ----v -
This Agreement is subject to applicable U.S. Environmental Protection Agency statutory provisions and assistance
regulations. In ac~epting this a~ard or amendment and any payments made pursuant thereto, (1) the undersigned
!represents that he 1s 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 Band of the provisions
of this agree inent (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 AHO OH BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION
SIGNATURE I TYPED NAME AND TITLE I CATE
EPA Form S700-20A (Rev. 8-79) PAGE40F4
PART II APPROVED BUDGET ASSISTAN CE IDENTIFICATION NO
TABLE A -OBJECT CLASS CATEGORY TOTAL APPROV EC 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 -o-
8. OTHER 797.790
9. TOTAL DI RECT CHARGES 2.543 700
10. INDIRECT COSTS: RATE 'l, BASE -0-
11 . TOTAL (Share: R ecipient. %. F ederal 100 %) $2,543,700
12. TOTAL APPROVED ASSISTANCE AMOUNT $ 2,543,700
TABLE B -PROGRAM ELEMENT CLASSIFICATION
( Non-construction)
1.
2.
3.
4 .
5.
6.
7.
8.
9.
10.
11.
12. TOT AL (Share: Recipient---%. Federal %)
13. TOTAL APPROVED ASSISTANCE AMOUNT $
TABLE C -PROGRAM ELEMENT CLASSIFICATION
(Cons truction)
1. ADMINISTRATION EXPENSE -2. PRELIMINARY EXPENSE
3. LAND STRUCTURES, RIGHT-OF-WAY
4. ARCHITECTURAL ENGINEERING BASIC FEES
5. OTHER ARCHITECTURAL ENGI NEERING FEES
6. PROJECT INSPECTION FEES
7. LANO DEVELOPMENT
8 . RELOCATION EXPENSES
9 . RELOCATION PAYMENTS TO INDIVIDUALS ANO BUSINESSES
10. DEMOLITION ANO REMOVAL
11. CONSTRUCTION ANO PROJECT IMPROVEMENT
12. EQUIPMENT
13, MISCELLANS:OUS
14. TOTAL (Lln~'i-'/'}hru 13).
15. ESTIMATED INCOME (If applicable)
16. NET PROJECT AMOUNT (Line 14 minus 15)
17,LESS: INELIGIBLE EXCLUSIONS
18. ADO: CONTINGENCIES
19 TOT AL (Share: Recipient %. Federal %)
20.:TOTAL APPROVED ASSISTANCE AMOUNT $
EPA Form S700-20A (Rev. 8-79) PAGE2OF4
The rec1p1entcovenants ana agrees tnot lt Wlu c:'.,.pe1.. .. ,v .. ~ ......... u,_ -··"'" ·····-·. --···,·-·· -· .- .
which assistance has been awarded under this agreement, in accordance with all applicable provisions of 40 CFR
Chapter I, Subpart B. The recipient warrants, represents, and agrees that it, and its contractors, subcontractors,
employees and representatives, will comply with: (1) all applicable provisions of 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:
Ca) Cash drawdown will occur only when needed for its disbursements;
(h) 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
,fol;' the. expected life of the PCB landfill as determined by EPA.
CX810314-01-0
f'.age 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. 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.
18.
20.
21.
22.
23.
24.
25.
26.
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).
Any costs incurred by a State contractor or subcontractor in removing
cii;;:~Uspos.~ng of wastes for which that contractor or subcontractor is determined
to be liable under section 107 of CERCLA are not allowable costs.
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 Counsel quarterly status reports (including copies of
any papers filed in court) regarding the above action or any other
ac1i~;\~Y the 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.
CX810314-0l-O
Page 3d of 4
Special Conditions
34. CERCLA 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
..
IJl'lilcd !'•t:i•~
t '1'-'''t:'"~'~'·ri..,! P,01~cli,-,n
1\i1cnc.v
t': :':. ! F !·.-~·-•, /.a ..
v,,~ ... -~ ... , ::.:·.' ... ·~ \it> t ~) ,,,.:. ~
June 4, ,1979
'l/\H-Rf~
f'lrr,ion..,
:i_.i!~ Cou,t!.1n:f ~:!~~:,:: Nl
/,tl;i11t.1 G,\ :SOJCu
llonorable \1ar.:e5 B. Hunt
Governor of North Cilrolina
State Cupi tol
Rilleigh, North Carolina 27611
De~r Governor Hunt: ..
\al
/,:,1h;,m:i. (jr.orr,i;,, Floricl:i,
r,'t1s~i :.~1µp i, I;,,, 11, Ca, r,1111;,,
!,;outh i.."!:ohni>. h•n.1c:.:;t•c.
l~l'nluclcy
ATTACHMENT 1
Qn ~ebruary 17, 1978, the United Stat~s Environ~~ntal Prnte~tion
Ascncy (EPA) published final regulations in the Frdcral R~nist~r
. -. (~3 rR 7150-71G~) on Polychlorinated piphenyls (PCG5J, Dis~n5al
and M~rl:inc;. These regulations were amenclc:d by the fede1·,,, Re;1·;.-~.c:·
· (43 FR 33~nr:-33920) on 1\ugust 2, 1978. These: rc·s;u1ati~ns proi1ic~t
the clisposul c.•f rCGs at any site not .:ipproved by th~ EP/i af~.f;:--
Apl'i 1 18, 19i8, and these reaul ati ons require thnt the O\·mcr and/er
operator of a chemical waste landfill u~cd for the disposa1 of PCSs
sub:i,it infor!i1~tfon in accordance \·:ith Section 761.4~, ChE:micc:1 \;(1:-te:
Landfills, tc the Re9ional Administrator for revic~·.,.
In c:c:c:c;:-dunc::: 1·dth the ~b:,vC? refcre::1t:ed resuL.1tion:, a forn;~1 ?.;'l'11-
catio;1 1-:ns filed \"lith this offic::: d~t:?d Decc:r.ber ·12, 1973, r0ci 1.i ."'Sti:1g
approval of a sit."~ in 1-!arren County, flc,rth Carolina 1·:hich \·:iil L,e
o:·mcd und op~r:ltcd by the Stutc of Mortn Carol in..:1 ~nd. u~ed for th~
di:-ro~.:.il of PCl3 cont~minuted scil f;~om the high\·rny shoulders in the
State and f;~ym the Fort Grago militt\ry reservJtic;~. A puL1 ic, hl~i\:--i:i:;
-\/JS held in l·:arrenton, Horth Carolina on Jam:ary ~, 1979, for puu1ic
input. The heilring record w.:is h~l<l open until Jun!Jury 12, 1979, for
additio1~a1 \'ii-ittcn public inp:.Jt into the decision µ;-0ce:ss.
The re:-.ult of EPA's review is that the proposed ~ite \·Jill r.1,:1:t .:i11 the
tech!lic:11 rc-qt1ireme11ts for a chemical waste landf~Jl as rcq•.drcct ~n
S12ction 761.1:l(b), ,..,hen cor.struc:tcd i1; ~cccrduncc Hith th~ enclosed
conditions to this approval cxce1,Jt for ihe folloHing:
{1) 761.4l(b)(l)(vi) "ArtificiDl liner thickn~~s 30 mil. or
greater."
"1;;. • (2) 761.41 (h)(2) "Th~ site sh.:ill be ~-t least fifty fc~t from the · . :o~.<-nbarest groundwater."
(3) 761.4i(b)(5)(_iii)(ci) "Chlorinated Org,rnics.''
These three re<1u ·i rc-mcnts are hcrchy waivC'cJ for t!ir. reasons given in ~
the enclosed technical rcvie1·1. Yo11r rcrrJcst to ,-wive tliC! lcn{l1Jtc
~o l lC'c t ·j on sys tcm tmd~rnct1 th the l i ncr is dc11 i cd for the reasons ·
stated in the enclosed icclmica1 reviN,.
ll
•
... . V
-2-
/i.ccordinn1:.-, the l·!urren Cou.nty, i'J01~th Curolinu site t"o.1.,e Ol':ncd Dnd opcruted
by the State of l·lorth Carol inu for the disposul of PCC contuminutcd hi9hl'1uy
sh6uldt?r 50il is hereby approved subject to the enclosed conditions as u
. chemical waste londfill ~s authorized in ~O CFR, Part 761. It is understood
by CP,\ c111c.l the State of North Curol ina thut this approval is based on the ·
conceptual design only and that the final construction pluns 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,
storuge, rnurking or records and monitoring. We will continue to work
with you in any way we can to expedite a public heulth oriented and
environmentally s~und solution to the PCB problcii1 in North Carolina.
Si nc_ere ly yours,
John· C. \-!ii i te
Rcgi ona 1 Admi ni stru tor
Enclosures
cc: Herbert L. Hyde, Secretory
NC Dept. of Crime Control
.& Publ.ic $,ifcty
..... -. ·--... ·---··• .. --.. •
-•-~ ..
•• '"11 . .':
..
•. • ·--; ... • . • -·-.. --~:a .. -. -. -•-.. ----.. _,. .~,.. . ., .. • .. • .. ·. -.•. -· _, -··-----· ·-· .... --· --···---· ----··-· .
Marshu11 Staton, Chief
Sanitary . Enoincering Section •
Division of Health Services
· ~ • · NC Dept. of Hur.wn Resources -·-.·--....... -.. ---•· -•·• ... --···--.·-· ·•-· .... • .. ·----··-·----·· .. ----
Jerry Perkins, 1:ead
Solid Haste & Vector Control
N.C .. Dept. of Humun Resources f(
Division of Heu1th ~crviczs
---··-·-· ---···-·· ·--··
•
. . .
/\:)provn1 Conditions for the PCC Disposnl Site Oi•,•ncd
And Operated by the Stiltc of llorth Cn ro 1 foJ. in
\·!,, rren· County, Uorth Carol inu on the Property Described
.in G~vernur llunt's Decernber'12, 197,3", 1\pplication as 0\·1ncd
by Ct1rter C. Pope and Linda \·J. Pope Found in Deed Cook 278,
Page 252.
A. Generill.Requirern!?nts (nll reports should be sent to the negionill
Administr~tor, Attention: Jan~s H. ~carbrough):
1. Notify EPA at lcust t\-10 weeks in udvt1nce of the expcctecl start of
construction.
2.-Notify EPA c1t lee.1st t\-rn \·1eeks in udvc.1nce of·the initiation of disposal
of PCB waste at the site.
3. Send EPA the dc.1ta \·thich is required by 1!3 FR 761.~l (b)(5), moriitoring
syste:ns for bc.1seline and on the frequencies specified.
. -. --. . . . ..
--·4;·· 1-ic.1intc1in-rccords ·as specified in 43 FR 761.45(b)(3) us appropriate
· and submit \·!ithin 90 d«J.ys after .closure of the si~e to the HesiGnal
Administ1·ator.
5. Advise EPA im.11ediately of· any clrnngcs, alterations oi-diverg2nces
in the operational and mun~gcriul policies 2nd proc2ciurcs 2s out-
1 incci in the documents submit tea in support of tile application.
G. Report to-EPA ti-ny instance of detection of PCGs through th~ m~nito1·-
--_:_.in_g_JJ(O!.Jr~,~ inx_n2di~tely. ___ . -----· _ ...... --·-.. ·-·--··-····----·--·-·-·-·-........... .
B. Technical Conditions of /\µprovc1l: ··
1. The one foot bf cover to be placed only on the ruiddle 20 feet to
-.-. ·:..-:-.:-:·-:~-:.-:.-30 feet of the fi1·st .lift of \·/~Ste .to pn~cludc sh1lntin9 any infil-
. • tration to the side walls. ·
. .
· 2. /\ soils cnginccr-ing firm sh.:ill be cmplo_yed to prov·ide quulity co:-itrol
du ri n ~ the co:,struction of the clay-silt 1 i ner.
3. Engineering cxpert·ise shall be provided b_y the St,1te or a consu1tin9
firm on-site during all operations to provide ilnc.i assure conforn::ince
with the fint1l plans. Such assurance sht1ll be ftwnis:1etl to tile
Rcgionill /\dm·;nistrator at the co:;:plctio:1 of the project i•Jith a copy
of "as bu'il t 11 p1uns.
4. ,J'\ record sht111 be plilced on the property deed \·:hich stipult1tcs
'{.1~ n.1riiculi1r bounc.Jnry of th<? clispo:.c1l .wci1 ,rnd \'iustc contuined
thci·cin Hith the ussociatcd \·1Jsle elevations •
5. The State shc111 muintuin an "all wenthcr" ilcccss road indefi.nitely
to permit t1cr.css to the site and to fucilit'1tc collection of samples
fro:,1 1i1J11itorin9 \·:cl ls.
•
'.: .. .. ... . . .
-2-
;:,· ' . ···•v· • .....
6. l·lustc will bc -compnctcd as much c1s prncticc:blc·-\"dth trucked equipment ~'-·
to prevent scttler.K:nt after closur~. ,~>
··•· .. · 7. /\ppropriutc erosion control measures shall be applied during cxcavn-·//:
tiun, filling and_ after clos:.Jl'c .to minililize erosion.
8. Trucks used for hauling ·the waste must be covered: _ . . . .
9. The final plans nnd spccificntinns (if any) shall be submitted to
the Re9ionc11 Acimi ni strntor (/\ttcnt ion: Jam~s II. Sea rbrough) and
written c1pproval received prior to the initiation of construction.
10. A l~achate collection system ~ith a sump and access which
will allo1·1 pumping out of any collected leachate is required
above and below the clay liner.
-· ·-----•···----··•-·-•----·-·· ·--·• --·• -----.. ·---.. -.. -· •.. .. -· --·-·. --.. ---... -. .
. --·-----·-·---·-·---·-------------------·-·------..
.,,.,,.,.
··~;~•-"~-
• I
I
. i '
ATTACHMENT 2
toocraLle Js.,~s b. r.unt
Gvvf=rr.or cf i:.;crth _l.'.arolina
~t:::t.4:" Cis;,ital
1-.. ilcildh, i,ort.h Carc•llnc; 2icll
Cn Jcr.e 4, i979, R~icn IV ':;ave cor.ecf,tual cE--'Proval, with certc:i.n -
cc:,,nt10r.s, t:c ~ harrf-.n Cr.>unty, ,..:Orth Carolir.lQ, site as a che:o;ical waste
lc:.ri..i.till c.S aut.J~vr::..zeo in ~O CFr., J?c:.rt 7bl. Cne ot ~':e ccrY...:iticns -..;as t.~at
t:ii~ .:;c.z:tE: st.±.mit final f:.l.c.r:s and s~ificaticn.s to this office for 2pproval,
in \.."riti:1s, ::.:,ricr tc tLE initiation cf c,--cnstruct.ion. 'l'hese t-lans cni.5
!:[.it..-citic2:tion~ he~ L""et'n sui..:mittea anc c:re !-:.treby upprcveo subject to the
~r.c.:losc(; ccrioitions.
·:r..: C(;nr.'t:-.c. you anc che rr.-any involved fer your CeGlCc::ticn to reaching a final
~clutior: tc ~'lis ei.vlrori.,kntul problem t,35ed en the ttc-J'lOlc<JY as it exists
ti:.ccy . 1.t \-1€ C.:iJr. .b€ o± fiirti--:er a£sistar.ce, plc:~s.c 11::t r:e kr.c-w.
ls! Ch:3rles R. Jeter
Rninr.~1 Act:n ini<;tr:3tor
01ar lr:::: h. Jeter
i•.c:~ie;r.al i\C;,r,inistratcr
t.nclc;s~t=
cc: i•!r. Lu.rley ?.. Hitch~ll, Jr., St.-.cret.:ry,
1.;c.rth Cc..rolir.a L-epartJ:ent
of Cri.1i;e Control arx.l hiblic Safety
i.<aleig!"~, t-.orth Carolina
v.~. ~cric~lar"K.Z, Hew
~olic,rf ~zarc;wn \'.aE-te i·'.,;:mac~~ent ~rencn
V • .., '• _, l:.r.v1rcr.J:£r.t.al Ht:-i:.l t,'1 .Secti<;n
Cef-crL~nt oi hu;,"ic:n f.e,sources
l.;iv1sion of rj€~lth ~rvic..--es
halt?i':,ih, !'1.)rti1 Cc.rclina
I;r. Sara Morrow
Lief.arttent of Human f-<esources
Livisio~ of !:eal.th Services
F-.cle-igh, l·.orth Carolina
J:::cc: Charles R. Jeter, RA
Mike Newton, ORC
Howard Zeller, Acting CARA
James H. Finger, ESD
Paul Traina, w-ID
Thomas Devine, AWMD
Dr. Robert Lewis, Rl'P
-2-
3.
4.
5.
I. Undis
labor
prior
oorc.."'l \...d..rv .... _ ... .:::., ......... ,. __ ----· _ _
by the State of North Carolina on property formerly ownea oy wr 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 1, 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 rronitored rronthly 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 lb) (8) (IV)).
D. The fence, gate, and access road shall be maintained in good
working order as long as post closure rronitoring is required •
.E. Report to EPA Region IV any instance of detection of PCE's through
the rronitoring program inrnecliately.
F. Designate a State departmental person who will be responsible for
operation and for post closure rrontioring 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. Monitoring Program
1. . General
The parameters for ground and surface water rronitoring for
this program are found at 40 CFR (761.41 lb) (6) (iii) (Al, (B)
and (CJ). Samples should be collected and analyzed in
accordance with EPA approved procedures.
Ground Water
a. Background -Each well nrust be sampled at least three
times and the data submitted to Region IV prior to any
disposal. A minimum of one week should elapse between
sampling. At each sampling a minimum of two replicate
---------<>-•-,, &~~ "'"C~ value or concentration should be
..
~hrfo of ~ortfr C!1nro!imr
RUFUS L. EDMISTEN
ATTORNEY GENERAL
~cpurbnmt of ]u15ticc
P. 0. BOX 629
RALEIGH
27602
MEMO
·ro:
FROM:
RE:
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
-~ptitlted to recover the full cost of the project.
/ /•~$~--.~.. . <-•
· I ;~derstand 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 t o our subcontract with Lineberger. I have attached
a copy. I would presume that they are typical of fed e ral contract
req u irements and that Lineberger will not object to their in-
clusion; however it might no t hurt to touch base with him on
this po int.
-DEC 14 1981
nonorable JaJIEs E. Hunt
Gove:rnor of North Carolina · ,
State Capital
l<a.leigh, t;orth Carolina 27611
tear Governor Hunt:
-. -,.·
On June 4, l97S, Rec;icn IV gave conceptual approval, with certain
ccncutions, to the ~ren County, North Caroli.n.s, site as a chemical wQte
landfill ~ authorize:; in ~O CFR, Part 761. One of tt-.e conditions was t..liat
the !:ita't;.e sL.:ttr.it final pl.ens and SE,eeificaticns to this office for approval,
in writing, prior t.e the initiation of construction. These E,lans ~
specifications nave been sul::mittea aRJ are .hereby approved subject to the
enclosed conditions.
we com:ueno you anc t.he raany involved fer your ~cation to reaching a final
solution tci this environm:nt.al problem baseo on the tecnnology as it £:X.ists
tocia}-·• It we eci.n be o.t further assistance, please J.et me know.
Sincerel~' you.rs,
/s/ Charles R. Jeter
Re.gional Administra~ar
Oiarles k. Jeter
i,cesional Administrator
.t:.nclosurf=
cc: l-lr. burley B. M1tcht::il, Jr., ~retary,
l.;orth Ca.rolina l:iepart.Iient
of Crime Control and Public Satety
i<ale1gh, llort.li Carolina
o.w. Scricklanc, lieaa ·
belie & Hazarcous Waste J.'..anagement branch
.l:.nviror:.rnental He:-al th Section
Derc.roo1::nt oi human .kcsources
Division of heut.h Services
Raleigh, North Carolina
Dr. Sara furrow
Lepartrrent of Human f<esource:S
Livision of health Services
R.::leigh, l.-orth Carolina
. " I
l_
.....
• OEC 14 1981
/ (
Final Approval Conditions for PCB Chemical Waste Landfill in Warren County,
North Carolina, owned and to be operated, closed and Post closure cared for
by the State of North Carolina on property formerly owned by Carter C. Pope
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 1, 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 rronitored rronthly and collected (
leachate disposed of properly, if required (761.41 (b) (7)). l
Records will be maintained on file at a designated State office. }
B. The operation plan will be followed, as approved (761.41
(b) (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
working order as long as i;x:>st closure rronitoring is required.
E. Report to EPA Region IV any instance of detection of PCB's through
the rronitoring program imnediately.
F. Designate a State departmental person who will be resi;x:>nsible for
operation and for post closure rrontioring 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. Monitoring Program
1. General
The parameters for ground and surface water rronitoring for
this program are found at 40 CFR (761.41 (b) (6) (iii) (A), (B)
and (C)). Samples should be collected and analyzed in
accordance with EPA approved procedures.
2. Ground Water
a. Background -Each well must be sampled at least three
times and the data submitted to Region IV prior to any
disposal. A minimum of one week should elapse between
sampling. At each sampling a minimum of two replicate
measurements for each value or concentration should be -
made.
b.
c.
During Operation -During operation or for a period of
one year, whichever is shorter, all wells must be
saIJFled rronthly. ·
Post Closure -Each well must be sampled on a semiannual
basis.
3. Surface Water
a. Background -EPA Region IV will designate surface water
sampling locations. These locations will include, at a
minimum, two (2) sampling points per surface water body
(one upstream and one downstream). Each of these points
will be sampled each time the background samples are
taken for ground water quality.
b. During Operation -Each of the designated surface water
sampling points will be sampled m:mthly during operation
of the facility.
c. Post Closure -Each of the designated surface water
sampling points will be sampled on a semiannual basis
during the post closure period.
4. Changes in Program
Upon a determination by the State or EPA that containment has
failed, the sampling frequency of either ground or surface
water sampling may be rrodified. Em may also require the
installation of additional rronitoring·wells and an expansion
of the list of rronitoring parameters.
5. Well location and screened elevations shall be coordinated
with EPA Region IV in the field or by telephone as
appropriate. ·
I. Undisturbed samples of the soil liner will be taken and the
laboratory permeability determined and submitted to EPA Region IV
prior to any disposal (1 sample per 25,000 square feet of liner).
{
(
APPENDIX C
EPA Approval and Conditions
For the Warren County
PCB Disposal Site
• ·,. t I
United States
Environmental Protection
Agency
June 4, 1979
4AH-RM
Region 4
345 Courtland Street NE
Atlanta GA 30308
Honorable James B. Hunt
Governor of North Carolina
State Capitol
Raleigh, North Carolina 27611
Dear Governor Hunt:
Alabama. Georgia, Florida.
Mississippi, North Carolina.
South Carolina, Tennessee.
Kentucky
On February 17, 1978, the United States Environmental Protection
. Agency (EPA) published final regulations in the Federal Register
(43 FR 7150-7164) on Polychlorinated Biphenyls (PCBs), Disposal
and Marking. These regulations were amended by the Federal Register
.(43 FR 33918-33920) on August 2, 1978. These regulations prohibit
the disposal of PCBs at any site not approved by the EPA after
April 18, 1978, and these regulations require that the owner and/or
operator of a chemical waste landfill used for the disposal of PCBs
sub mit informati on in accordance with Section 761.41, Chemical Waste
Landfills, to the Regional Administrator for review.
In accordance with the above referenced regulations, a formal appl i-
cation was filed with this office dated December 12, 1978, requesting
approval of a site in Harren County, North Carolina ·which will be
m·m ed and operated by the State of North Carolina and used for the
disposal of PCB contaminated soil from the highway shoulders in the
State and from the Fort Bragg military reservation. A public hearing
was held in Harrenton, North Carolina on January 4, 1979, for public
input. The hearing record was held open until January 12, 1979, for
additional written public input into the decision process.
The result of EPA's review is that the proposed site will meet all the
technical requirements for a chemical waste landfill as required in
Section 761.~l(b), when constructed in accordance with the enclosed
conditions to this approval except for the fellowing:
(1) 7Gl.11l(b)(l)(vi) "!\rtificial li :;,J h idn~s s 30 mil. 0 ?·
~r'.:n ler."
(2) 761.4l(b)(2) "The site shall be at least fifty feet from the
nea,re$ t groundv1ater. 11
(3) 76l.4l(b)(S)(iii)(d) "Chlorinated Organics.11
These three requirements are hereby waived for the reasons given in
the enclosed technical review. Your re~uest to waive the leachate
collection system underneath the liner is denied for the reasons
stated in the enclosed technical review .
...
1 .
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Accordingly, the Warren County, North Carolina site to be owned and operated
by the State of North Carolina for the disposal of PCB contaminated highway
shoulder soil is hereby approved subject to the enclosed conditions as a
chemical waste landfill as authorized in 40 CFR, Part 761. It is understood
by EPA and the State of North Carolina that this approval is based on. the
conceptual design only and that the final construction plans and specifica-
tions (if any) must be approved in wr.iting by this office prior to
the initiation of construction.
This approval 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 problem in North Carolina.
Sincerely yours, . -2~~-~ ohn.C. White
Regional Administrator
Enclosures
cc: Herbert L. Hyde, Secretary
~C Deptg of Crime Control
& Public Safety
Mclrshall Staton, Chief
Sanitary Engineering Section
Division of Health Services
NC Dept. of Human Resources
Jerry Perkins, Head
Solid Waste & Vector Control
N.C. Dept. of Human Resources &
Division of Health Services
..
Approval Conditions for the PCB Disposal Site Owned
And Operated by the State of North Carolina in
Warren County, North Caro 1 i na on the Property Described
in Governor Hunt's December 12, 1978, Application as Owned
by Carter C. Pope and Linda W. Pope Found in Deed Book 278,
Page 252.
A. General Requirements {all reports should be sent to the Regional
Administrator, Attention: James H. Scarbrough):
1. Notify EPA at least two weeks in advance of the expected start of
construction.
2. Notify EPA at least two weeks in advance of the initiation of disposal
of PCB waste at the site.
3. Send EPA the data which is required by 43 FR 761.4l{b}(5), monitoring
systems for baseline and on the frequencies specified.
4. Maintain .records as specified ·in 43 FR 761.45(b)(3} as appropriate
and submit vrithin 90 days after closure of the site to the Regional
A9mi ni stra tor.
5. Advise EPA irrmediately of any changes, alterations or divergences
in the operational and managerial po1icies and procedures as out-
lined in the documents submitted in support of the application.
6. Report to EPA any instance of detection of PCBs through the monitor-
ing program immediately.
B. Technical Conditions of Approval:
1. The one foot of cover to be placed only on the middle 20 feet to
30 feet of the first lift of waste to preclude shunting any infil-
tration to the side walls. ·
2. • A soils engineering finn shall be employed to provide quality control
during the construction of the clay-silt liner.
3. Engineering expertise shall be provided by the State or a consulting
firm on-site during all operations to provide and assure con for~ance
with the final plans. Such assurance shal I hv funii shed to t;1 ~
Pc9 i o1-i.:1l Ad;:,i nistr()t or at the cc;r;1pl e t.ior. o f t h : projec t \·1ith o co ;)y
of 1'as buil t " plans.
4. 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 wast~ elevations.
5. The State shall maintain an "all weather" access road indefinitely
to pennit access to the site and to facilitate collection of samples
from monitoring wells.
-2'-
6. Waste will be compacted as much as practicable with tracked equipment
to prevent settlement after closure.
7. Appropriate erosion control measures shall be applied during excava-
tion, filling and after closure to minimize erosion.
8. Trucks used for hauling the waste must be covered.
9. The final plans and specifications (if any) shall be submitted to
the Regional Administrator (Attention: James H. Scarbrough) and
written approval received prior to the initiation of construction.
10. A leachate collection system with a sump and access which
will allow pumping out of any collected leachate is required
above and below the clay liner •
. •
1 •
I
I · ••
. .
!
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...
r •· UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CATE: June 4, 1979
suaJECT: Technical Review -Chemical Waste Landfill for
PCB &lbmitted by the State of North Carolina
FROM: Chief, Residuals Management Branch
To: John C. White
Regional Adm1n1strator
'lhe State of North Carolina submitted an application for the approval
of a disposal site in War-ren County, North Carolina on December 12,-1978.
'!he Technical review has been performed. The results ·or applying the
~riteria found in FR 761.4l(b) to the application are as follows:
. .
(b) (1) Soils -The site is not 1n a "thick,· relatively impermeable
formation such as large-area clay pans." 'lherefore, the soils are evaluat
on the following criteria:
Required Proposed
(1) Soil liner thiclmess 3 .ft. ( canpa.cted) 5 rt. ( canpacted) -',
(11) Penneability (cm/sec) mo-7 or 6.8I10-8 or
(0.0000001) (0.000000068)
(i:µ) Percent Soil Passing .?_ 30 75 Average
No. 200 Sieve
(iv) Liquid L1m1t 2 30 51 Average
(v) Plasticity Index 215 18 Average
(vi) Artificial Liner 30 mil. None proposeoll
1/ A waiver was requested for this requirement. The pr:lma.r:, Justification
-for the ,-;~iver was that t}~e St.cite ,,;ould 1n3tead plclce a 10 ::IlJ.. nlastic
liner i:wrbrell-3.rr top en the l:1c ·1f11J. co1f1::'•:-j by t ·,•10 J-\:-2t ot:' soil ·.;hlch
would t,,~ sc-::-J-.::-J 1rl th grn.cs an:~ slop<::i. Tn::..::; d(~:3lgn i•;,);i_: :I :-r.: :-ii.r..l.:>:: ,-:.:-:;;.
ra.im;ater 1.rl'iltr·ation into th•:: la.nJ1'111. ':his wai'ier rt.x1t.:-::st s::~,:.ild
be approved.
IP>. I",_. 1320-6 (Rn. 3-76)
___ .,,,.:.._ __
.• t .
•.
-2-
(2) Hydrology -The site is located on the crest of a ridge at lati-
tude 36° 20' 13"., longitude 78° 09' 58" and 1s above the 100 year
.flood level. This is verified by the U.S. Geological Survey (see
letter dated November 29., 1978., to Jerry C. Perkins). The bottan of
the waste will not be 50 feet ab9ve the groundwater. The mirurnul'-:-1
distance will be held to 10 feet above the seasonal h1gh groondwater
table. The State requested a waiver for-this criterion. In reviewing
the justification of the waiver., I have caicluded that the clay liner
1n the bottan of the trench plus the liner on top of the waste ~'hich
will act as an umbrella for inf'iltration prevention., plus the leachate
collection system and sump above and below the clay liner will
sufficiently protect public health and the envirorment fran "unreasonable
risk of injury" as stipulated by paragraph 761.4l(c)(4). 'lberefore.,
this waiver should be approved as requested.
(3) Flood Protection -The application states that the diversion structures .
will be designed to divert the 24 hour., 25 year-runoff fran the active
'port~on of the landfill. j :
(4) Topography -The topography at the proposed site is low to mxlerate.
'lhe approval should -be conditioned to require all practical erooion
prevention rreasures to be used.
(5) (1) Monitorir.g Systems
a. 'lhe application states that baseline data will be collected
prior to final approval. The approval soould be so conditioned • ...
' b. 'Ihe application states that the surface streams and the grrund-·
water will be sampled m:mthly during operation. The approval ·
should be so conditioned by referring to paragraph 761.41(b)(5).
-c. B1-a.nrrual rron1tor1ng will be done after closure.
(11) Groundwater Monitoring Wells
'Ihe. application states that these will be constructed and located
as required. EPA staff should verif.;,' t!'le lor:-ation of these in
the field~
(111) Water lu'1a.lysis
'Ihe analysis for chlorinated hydrocarbons is . requested to be
waived. The regulations were written for canrrercial facilities
which would be disposing of many different wastes. Since PCB is
the only waste which will be disposed in this site, there 1s no
point to rronitoring for other chlorinated organics. This tolaiver
should be approved.
..• . . .
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(6) Leachate Collection
'lhe proposed design does not show a leachate collection system under
the liner as required by the I'ebrulation. Because of the gr.-rundwater
prox1m1.ty and the demonstrated public concern, I recanrnern that a
leachate collection system and Sl.Ullp be installed lll'lder the soil liner
to monitor the integrity of the soil liner. In addition, th:? leachate
collection system above the soil liner should be required with the
appropriate sl.Ullp to provide the rrechanism to allow pump~ rut of any
leachate collected to prevent any significant hydraulic hea:l buildup
on the clay liner. Therefore., this waiver should not be approved.
(7) Operations
The operations plan submitted is satisfactory with the exception of
the one root of clean soil to be placed on top of first lift of waste.
'Ihis cleari soil is to be used to prevent the trucks fran taking out
contaminated soil on the wheels. This one foot should be restricted
to the middle 20 to 30 feet of the trench so as not to provide a
.shunt to the side walls should any infiltration occur. This restric~
tion·will allow any infiltration to proceed down through the waste
to the leachate collection systen which would lead it to the sump
for pumping out. ~-
(8) Sup;'Orting Facilities -The sup_IX>rting facilities are satisfactory
as described. No rrention was rre.de of long-term naintenanee of the
access road. Tne approval should be conditioned to insure that all-
weather access is rraintained.