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BEFORE THB UNITED STATES ENVIRONMENTAL PROTECTION AGENCYRegion III
841 Chestnut BuildingPhiladelphia, Pennsylvania 19107
in Re: ))
COMMODORE SEMICONDUCTOR )GROUP SITE ) Docket No. III-90-88-09-DC
)VALLEY FORGE RECREATIONS, INC. )
))
Respondent )))
Proceeding under Section 104 (e) of )the Comprehensive Environmental ) "-Response, Compensation and )Liability Act of 1980, 42 U.S.C. )§ 9604 (e), as amended by the )Superfund Amendments and )Reauthorization Act of 1986, )Pub. L. 99-499, 100 Stat. 1613 )(1986). )
ADMINISTRATIVE ORDER DIRECTING COMPLIANCEWITH REQUEST FOR ACCESS
I. JURISDICTION
This Administrative Order (Order) is issued pursuant to the
authority vested in the President of the United States by Section
104 (e) (5) of the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, 42 U.S.C. Section
9604 (e) (5), as amended by the Superfund Amendments and
Reauthorization Act of 1986, Pub. L. No. 99-499, 100 Stat. 1613
(CERCLA) , delegated to the Administrator of the United States
Environmental Protection Agency (EPA) by Executive Order No.AR20I 130
2
12580, 52 Fed..Reg. 2923 (1987), and further delegated to the
Regional Administrators of EPA.
This Order is issued to Valley Forge Recreations, Inc.,
owner of the property adjacent to the Commodore Semiconductor
Group (CSG) Site located at 2750 Egypt Road, Norristown,
Pennsylvania 19405 (hereinafter the "adjacent property" or
"property").
II. STATEMENT OF PURPOSE f-*.
The purpose of this Order is to require Respondent to
provide EPA and its authorized representatives entry and access'
to the adjacent property for the purpose of installing a cluster
of three groundwater monitoring wells on the adjacent property to
determine the extent of contamination and to monitor groundwater
conditions in the vicinity of the CSG Site.
III. FINDINGS OF FACT «_* . *Ss"
1. Valley Forge Recreations, Inc., owns property adjacent
to the CSG Site. The adjacent property consists of approximately
100 acres located on 2750 Egypt Road, Norristown, Montgomery
County, Pennsylvania, along the Northwestern border of the CSG
Site and is leased to the General Washington Country Club. The
General Washington Country Club operates a golf course on the
property.
2. Test results indicate that soils and groundwater both on
and in the vicinity of the Site have been contaminated with
tricholoroethene (TCE), 1,1-dichloroethene, trans-1,2-
dichloroethane and 1,1,2,2-tetrachloroethane. The CSG SitA'Msl' ' ' o I
3
been identified as a possible source of TCE, a hazardous
substance under CERCLA Section 102(a), 42 U.S.C. § 9602(a). See
40 C.F.R. Section 302.4, Table 302.4.
3. CSG is the owner/operator of the Site and manufactures
silicon wafers into semiconductor chips. TCE was used in the
semiconductor cleaning process from 1970 until 1979. The TCE
used in the process generated a TCE waste. The CSG Site was
placed on the National Priorities List for Uncontrolled Hazardous
Waste Sites, February 21, 1990.
4. EPA and Commodore Business Machines, Inc. (CBM), the-
parent company of CSG, entered into a Consent Order in July 1988
(Docket No. III-88-09-DC), requiring CBM to conduct a Remedial
Investigation/Feasibility Study (RI/FS) at the CSG Site. The
purposes of the RI/FS are to determine fully the nature and
extent of any release of hazardous substances, pollutants or
contaminants at or from the CSG Site and to determine and
evaluate remedial alternatives to prevent, mitigate or respond to
such releases. The RI/FS Work Plan and field operations have
been approved by EPA and the RI/FS field work has begun.
5. To define the extent of groundwater contamination at and
from the CSG Site, as required by the EPA-approved RI/FS Work
Plan, CBM requires access to the adjacent property to install
three ground water monitoring wells. All three wells would be
less than ten feet apart and the only surface evidence would be a
flat plate and concrete ring at ground level. See map appended
hereto as Attachment 1. [Because the adj acent property^ ifi ?wP̂ b
4
by Valley Forge Recreations, Inc., access to the General
Washington Country Club is necessary to conduct the RI/FS at the
CSG Site. The placement of the wells on property owned by
Respondent is expected to require activity on the property until
December, 1991.]
6. On or about February 23, 1990 Roy F. Weston (Weston),
the contractor hired by CBM to conduct the RI/FS investigation of
the CSG Site, obtained oral permission from the General
Washington Country Club to install six groundwater monitoring
wells on the property. As Weston was drilling the first well, -
Mr. Donald J. Neilson, Respondent's Chief Executive Officer, came
forward and identified himself as the property owner. At that
time, he granted permission, verbally, for Weston to continue
installation of the wells and requested that he be sent a letter
regarding Weston's activity on the property. See four letters
from Weston to Mr. Neilson appended hereto as Attachment 2.
7. On or about March 2, 1990, after having allowed Weston
access to the golf course for approximately one week, Mr. Neilson
denied further access.
8. Susan Hodges, an attorney with EPA, Region Ill's Office
of Regional Counsel, spoke with Mr. Neilson by telephone on
April 30, 1990, at which time he advised Ms. Hodges of
Respondent's decision not to allow anyone access to the property
without compensation.
AR20M33
IV. CONCLUSIONS OF LAW/DETERMINATIONS
1. The substances referred to in paragraph 2 of the
Findings of Fact herein are "hazardous substances" under CERCLA
Section 102(a), 42 U.S.C. § 9602(a), 40 C.F.R. Section 302.4,
Table 302.4.
2. The CSG Site is a "facility" as defined under CERCLA
Section 101(9) and a "facility, establishment or other place or
property" as described in Section 104(e)(3)(A), (B), (C) and (D)
of CERCLA, 42 U.S.C. Section 9604(e)(3)(A), (B), (C) and (D).
3. The adjacent property is an "establishment, or other "
place or property" as described in Section 104(e)(3)(B), (C) and
(D) of CERCLA, 42 U.S.C. Section 9604(e)(3)(B), (C) and (D).
4. The adjacent property is an "establishment, place,
property or location" within the meaning of Section 104(e)(l) of
CERCLA, 42 U.S.C. Section 9604(e)(l), which is adjacent to the
CSG Site.
5. Respondent is a "person" as defined in Section 101(21)
of CERCLA, 42 U.S.C. Section 9601(21) and the owner of the
adjacent property.
6. Access to the adjacent property is needed for the
purpose of determining the need for response action at the CSG
Site and the adjacent property, as authorized by Section
104(e)(l) of CERCLA, 42 U.S.C. Section 9604(e)(l), and to take
samples from the adjacent property, as authorized by Section
104(e)(4)(A) of CERCLA, 42 U.S.C. Section 9604(e)(4)(A).AR20I
6
7. There, is a reasonable basis to believe that there may be
a release or threat of release of a hazardous substance or
pollutant or contaminant at, to or from the CSG Site, including a
release or threat of release to the adjacent property, within the
meaning of Section 104(e)(l) of CERCLA, 42 U.S.C. Section
9604(e)(1).
8. Access to the adjacent property is being required
pursuant to this Order for officer(s), employee(s) or
representative(s) of the President, duly designated by the
President as required by Section 104 (e) (1) (A) , (3) and (4) (A) "of
CERCLA, 42 U.S.C. Section 9604(e)(1)(A), (3) and (4)(A).
9. Access to the adjacent property is necessary to
determine the need for response action at the CSG Site.
10. Mr. Neilson, acting on behalf of Respondent, has denied
CBM and EPA access to the property as described in paragraphs 7
and 8 of the Findings of Fact.
11. The actions required of Respondent by this Order are
necessary to protect public health, welfare and the environment.
V. ORDER
Respondent shall provide EPA and its duly designated
officers, employees and representatives access to the adjacent
property at all reasonable times for the purpose of conducting
response actions in connection with the CSG Site as follows:
a. Completing installation of three groundwater monitoring
wells which will be located in a single cluster, no more than
three feet apart from each other; AH^U I I
7
b. Taking samples from those wells periodically until the
RI/FS for the CSG Site has been completed;
c. Taking such other related actions as may be necessary to
perform the response actions described in (a) and (b) above; and
d. Overseeing performance of the activities described in
(a) through (c), above.
Respondent and any other persons who have notice of this
Order shall not interfere in any way with the response actions to
be conducted at the adjacent property or with the access required
to be provided pursuant to this Order. Any such interference "
shall constitute a violation of this Order.
VI. CONVEYANCE CLAUSE
In the event of any conveyance by Respondent or Respondent's
agents, heirs or successors and assigns of an interest in any
property which includes an access area, Respondent shall convey
the interest so as to ensure continued access for EPA or its
representatives for the purpose of carrying out activities
pursuant to this Order. Any such conveyance shall restrict the
use of such property so that the use will not interfere with
activities taken pursuant to this Order. Respondent shall notify
EPA in writing at least 30 days before any conveyance of an
interest in property where an access area is located and shall
notify other parties involved in the conveyance prior to the
transfer of the property of this Order.
AR201136
8
VII. OPPORTUNITY TO CONFER AND EFFECTIVE DATE OFADMINISTRATIVE ORDER
The date of issuance of this Administrative Order shall be
the date it is signed by the Regional Administrator.
Upon the request of Respondent, EPA will confer with
Respondent to discuss this Order. Any such request must be
received by EPA no later than three (3) business days after
Respondent's receipt of this Order. Any such conference shall
take place no later than five (5) business days after EPA's
receipt of Respondent's request unless EPA, in its discretion,'
allows a longer period for holding such a conference. The
Administrative Record supporting this Order shall be available at
the time of any such conference and will be available for review
Mondays through Fridays, from 9:00 a.m. to 5:00 p.m., by
contacting the EPA Project Manager, Ruth Rzepski at:
U.S. Environmental Protection Agency841 Chestnut BuildingPhiladelphia, Pennsylvania 19107(215) 597-3216
At any such conference, Respondent may appear on his own
behalf or by an attorney or other representative. Respondent
should contact Susan T. Hodges, of EPA's Office of Regional
Counsel, at (215) 597-1715 to arrange such a conference.
This Order shall become final on the fourth business day
following Respondent's receipt of this Order if no request for a
conference is received by EPA within the time period described
above. If EPA receives a request for a conference within the
time period described above, this Order shall become final on the
AR20II37
----- - - • • • "' ""•" "9
third business- day following the conclusion of such conference
or, if no conference is held, on the third business day after the
last day allowable under this Order for holding such a
conference.
VIII. RESERVATION OF RIGHTS
Except as expressly provided in this Order, EPA reserves all
rights and defenses it may have and nothing herein shall prevent
EPA from seeking legal or equitable relief to enforce the terms
of this Order, including the right to seek an injunction, and to
impose statutory penalties. Nothing herein shall restrict or -
limit whatever access or information-gathering authorities EPA
may have under any law, or any other rights, claims or causes of
action EPA or tha United States may have under any law.
IX. OTHER CLAIMS
Nothing in this Order shall constitute or be construed as a
release from any claim, cause of action or demand in law or
equity against any person, firm, partnership or corporation for
any liability it may have arising out of or relating in any way
to the generation storage, treatment, handling, transportation,
release or disposal of any hazardous substances, hazardous
wastes, pollutants or contaminants found at, taken to, or taken
from the Site.
X. OTHER APPLICABLE LAWS
All actions required to be taken pursuant to this Order
shall be undertaken in accordance with the requirements of all
applicable local, state and federal laws and regulations.
AR20I138
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XI. -LIABILITY OF THE UNITED STATES GOVERNMENT
Neither the United States Government nor any agency thereof
shall be liable for any injuries or damages to persons or
property resulting from acts or omissions of Respondents, or of
its employees, agents, servants, receivers, successors, or
assigns, or of any persons, including but not limited to firms,
corporations, subsidiaries, contractors, or consultants, in
carrying out activities pursuant to this Order, nor shall the
United States Government or any agency thereof be held as a party
to a contract entered into by Respondent in carrying out
activities pursuant to this Order.
XII. PENALTIES FOR NONCOMPLIANCB A
Respondent is hereby advised that, pursuant to Section
I04(e)(5) of CERCLA, 42 U.S.C. Section 9604(e)(5), a court may
assess civil penalties of up to $25,000 per day for each day that
the Respondent unreasonably fails to comply with this
Administrative Order or any part thereof.
U.S. ENVIRONMENTAL PROTECTION AGENCY
OCT311990DATE EDWIN B. ERICKSON
Regional AdministratorU.S. Environmental Protection AgencyRegion III841 Chestnut Building
I hereby certify that the Philadelphia, PA 19107within is a true and correct copyof the or-sinal___________filed in thlzj natter.
_____________ AR20II39Attorney for
Iigig
ATTACHMENT 1
ii
Former LeakingUnderground Storage TanklocationPublic Supply Wei
O Monitor Wei
Abandoned Wen• Clutter (Deep. Shallow•• and Overburden)da\ Shallow Bedrock
AR20I 11*0
FIGURi 1-2* POSSIBLE LOCATIONS FOR MONITORINQ WELLS AT CSQ SIT1
ATTACHMENT 2WESTON WAYWEST CHESTER PA 19380PHONE 215-892-3030
_ TELEX: 83-5348BOQWWOWITANTS
26 February 1990
Donald J. NeilsonDonald J. Neilson Real Estate2620 Egypt Rd.Norristown, PA 19403 W.O. No. 2855-03-01-0002Dear Mr. Neilson:
Roy F. Weston, Inc. is the consultant for CommodoreSemiconductor Group on a project directed by the U.S.Environmental Protection Agency (U.S. EPA). As you now know,part of the investigative work includes the installation ofgroundwater monitor wells, and one of the locations is thecurrent drilling site on the General Washington Golf Course.At this site, B.L. Myers, as our drilling subcontractor, willbe installing a cluster of three wells at different depths.The wells will be completed with flush mounts that will notinterfere with ground grooming activities. The drilling rigand other testing equipment should be off location by mid-March .
I've enclosed a copy of the original letter to Wayne Amickrequesting site access, and a copy of a follow-up phoneconversation record with his comments.
Also included are the historical results of the groundwateranalyses on samples collected from the three deep irrigationwells on the golf course. If you wish to know future resultsfrom these wells and the wells now being installed, you maycontact Rich Ng at Commodore, at 666-2855. Our next samplinground is scheduled for April or May.
AR20I 1