I I I I

-Site fQAann2r Break It 9 I OtherUNITED ITATII ENVIRONMENTAL PROTECTION AGENCY

REGION I

J F KENNEDV FEDERAL BUILDING BOSTO MASSACHUSETTS 02203

CERTIFIED MAIL - RETURN RECEIPT REQUESTED URGENT L~G~TTER - ~RUMPT REPLY NECESSARY

April 18 1985

lgt Clifford H Goodall Acting for 0

3the F OConnor Company HO

zoDyer Goodall and zeegers HO ltnZCaaco Northern Bank Building -IZ

One Memorial Circle 00 lgtOAugusta ME 04330 HO ltO 1113Re The P OConnor Site - Augusta Maine

Notification of Potential Liability Under OJgt ITIZSection 104 of CERCLA and Information O-lt

Requeat Under Section 3007 of RCRA and Section 104 of CERCLA ~

Dear Mr Goodall

Releaaea of hazardoua aubstances pollutants and contaminants ~ have occurred and are threatened at the above-referenced Site

The United Statea Environmental Protection Agency (EPA) is conaidering apending public funds to investigate and control theae releaaea Thia action will be taken by EPA purauant to the Caprehenaive Environmental Reaponae Compenaation and Liability Act of 1980 42 usc Section 9601 ~middot bullbullabull (CERCLA) bullJnleaR EPA detbullrmbullnes that auch acti~n will be done properly by a reaponaible party

Reaponaible parties under CERCLA include current and past ownera and operators and persons who generated the substances or were i nvolved in transport treat~ent or disposal of them at the Si te Under CERCLA and other laws responsible parties may be liabl e f or money expended by the government to t ake necessary corrective actions i ncluding i nvest i gation plann i ng an~ clean-up of the Site as we ll as enforcement actions

EPA ha determined that t he F OConnor Company may be a responsible party with respect to this Site Before EPA

bull

Site EPA invites the0

undertakes response activities at the appropri t official of the F OConnor Company to middotengag in negotiation leading to voluntary participation in the work required to abate any r lease or threatened releas of hazardou substance pollut nt o contaminant from th Site For your inform tion the steps necessary for correctiv action at th Site include but may not be li~ited to the following

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1 Further remedial investigations (RI) to identify the local hydrogeological characteristics and define the nature and extent of soil air and surface water contamination at the siteJ and

2 Feasibility studies (FS) to evaluate possible remedial actions to remove or contain hazardous substances pollutants or contaminants

In addition to the above RIFS studies the F OConnor Company may be asked at a later date to undertake or may be liable for any additional corrective measures necessary to protect public health welfare or the environment Such measures may include but are not limited to the following

1 Designing and implementing the EPA approved remedial option7 and

2 middotProviding any monitoring and maintenance necessary middot after remedial measures are completed

EPA will consider an immediate offer from the F OConnor Company to conduct the described RIFS in accordance with an EPA work plan and the EPA RIFS guidance Negotiations will be held the first week in June between EPA Maine Department of Environmental Protection and those parties EPA feels may be responsible under CERCLA Accordingly you should notify ~PA in writing within

~ (30) cal~ndar days from the re~eipt of this letter of your willingness to conduct or participate in the RIFS Should you fail to so notify EPA within the 30 ~aye EPA will conclude that you have declined EPAs invitation to enter into negotiations and EPA will proceed with the appropriate studies andor enforceaent actions necessary for remedial action at the Site

Your response to this letter and any requests for further technical information should be sent toamp

United States Environmental Protection Agency Heather M Ford Chief Enforcement and Cost Recovery Section Waste Management Division Superfund Branch JFK Federal Bui lding-HWC Room 1907 (33) Boston MA 02203 ( 617) 223-5906

If 1 gal question arise you should addres those questions to Charle Bering Esquire at (617) 223-0400

INFORMATION REQUEST

EPA h reby reque t certain information from you to assist the EPA in d t rmining an appropriate response to the r lease or

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~hreat of release of hazardous substances under CERCLA and for the purpose of enforcing the provisions of CERCLA and the Resource and Conservation and Recovery Act (RCRA) 42 usc 56901 bull seg Section 104 of CERCL~ 42 usc 59604 provides that the ~PA may request information and records relating to hazardous substances from any person who stores treats or disposes of or where necessary to ascertain facts not available at the facility where such hazardous substances are located who generates transports or otherwise handles or haa handled hazardous substances Section 3007 o~ RCRA 42 usc 56927 provides that any person who generates

Dostorea treats transports disposes of or otherwise handles 0 or handled hazardous wastes shall bullbullbull 1-40furnish information 3

relating to such waste upon the request of EPAbull zn 1-40 ltliZ

Pursuant to 53007 of ~CRA and 5104 of CERCLA EPA requests -IZ 00

that within thirty (30) calendar days of receipt of this D-0 -I

letter you provide EPA with the information requested hereinafter 1-40

including copies of all records relating to hazardous wastea ltO 113

and hazardous aubatancea transported to stored treated or 0 ODgt

diapoaed of or otherwise handled at the F OConnor facility ITIZ

on Route 17 in Augusta Maine In responding to thia information O-lt

requeat refer to the definitions listed in Sl01 of CERCLA ~ and 51004 of RCRA in determining the scope of your responae

If any of theae questionbull cannot be answered in full then you ahould anawer to the extent possible specify each reason for your inability to anawer the remainder and state whatever information or knowledge you have concerning the unanawered portion In anawering the question furnish such information aa ia available to you regardlesa of whether or not it ia baaed on peraonal knowledge or recorda of reapondent ita agenta or repreaentativea or froa othera or othera recorda regardleaa of the aource

State whether any documentamp requested herein have been transferred voluntarily or involuntarily to others or have been otherwise disposed of If the answer is yeabull identify each such document identify the person to whom it was transferred describe the circumstances surrounding such transfer or other disposition and state the date or approximate date of such transfer or other disposition

Ifmiddot in answering any of the questions herein information was obtained through employee interviews indicate the names current addresses and responsibilities of the employ e(s) or form r employee(s) interviewed

To the extent that any of the responses to th request herein are based on personal knowledg your respons should b accompanied by a signed and notarized affidavit of the duly authorized repres ntative of you or your comp ny The affid vit should state that a diliQent search of all of th address s

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records has been ~erformed that all employees with information relevant to these requests have been interviewed and that all relevant information has been provided in the response and that such information is accurate

1 Provide any and all information and copies of all documents relating to companies corporations and individuals which have arran~ed for shipped or delivered hazardous waste ~ollutants contaminants or substances including waste oils to the F OConnor Site

2 Provide any and all information and copies of all records concerning hazardous wastes pollutants contaminants bull or substances including waste oils transported to stored treated disposed of andor otherwise handled in the F OConnor Site from 1950 to the present

3 The information and documents referred to in questions (1) and ( 2) should identify the following

(a) the dates of such shipments1

(b) the quantities of materials shipped on each date1

(c) the state of waste shipped (ie solid liquid semi-solid or powder) method of containerization (ie drums tank trucks)r and

(d) chemical content of waste shipped

4 Describe the manner in which hazardous wastes pollutants contaainants or substances including waste oils were treated stored disposed of andor otherwise handled at the Site

5 Give details of episodes when hazardous wastes substances pollutants or contaminants may have been spilled or released to soil surface waters or groundwater from drums tanks impoundments piles or other containers or container systems

6 Provide dates of ownership and operation and the names of current and former employees of the F OConnor Sitemiddot

7 If you have been insured for any damages resulting from a release of hazardous wastes andor hazardous substances please provide EPA with copies of all insurance policies in effect during the period from 1950 to the present

Your response to this request for information must b sent to EPA at the aforementioned address within thirty (30) cal ndar day o rec ipt of this lett r Under Section 3008 of RCRA 42 usc 6928 failure to comply with this request may result in an Order

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requiring compliance or a civil action for appropriate relief ~ncluding penalties of up to $25000 a day for every day of non-compliance

This information request is not subject to the approval requirements of the Paperwork Reduction Act of 1980 44 usc S350l ~middot seg EPA regulations governing confidentiality of business information are set forth in Part 2 Subpart B of Title 40 of the Code of Federal Regulations For any portion of the information submitted which is entitled to confidential treatment a confidentiality claim may be asserted in accordance with 40 CFR Section 2203(b) If EPA determines that the information

~ so designated meets the criteria set forth in 40 CFR Section 0

2203 the information will be disclosed only to the extent and IHO zoby means of the procedures specified in 40 cra Part 2 Subp~rt HO

B EPA will construe your failure to furnish a confidentiality IIZ ~z

claim with its reaponse to this letter aa a waiver of that claim 00 ~oand information may be made available to the public by EPA without ~ H()further ootice ltO rtlI

o~This request for information under Sl04 of CERCLA and S3007 of RCRA 0

rtlZaay be handled separately from or together with your decision on ()~

voluntary participation in the studies and actions deemed necessary for remedial cleanup of the Site ~ The factual and legal discussions contained in this letter are intended solely for notification and information purposes They are not intended to be and cannot be relied upon as a final EPA positi~n on any matter set forth herein

Due to the seriousness of the conditions at the Site and the attendant legal ramifications EPA strongly suggests that you give this letter your immediate attention

Sincerely

~~IIWI~----Merrill s Hohman Director Waste Management Division

cc Director Office of Waste Programs Enforcement Director Office of Enforcement and Compliance Monitoring-Waste Henry Aho Maine Department of Environmental Protection John J OConnor The F OConnor Company

1. barcode 567595
2. barcodetext SDMS Doc ID 567595

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~hreat of release of hazardous substances under CERCLA and for the purpose of enforcing the provisions of CERCLA and the Resource and Conservation and Recovery Act (RCRA) 42 usc 56901 bull seg Section 104 of CERCL~ 42 usc 59604 provides that the ~PA may request information and records relating to hazardous substances from any person who stores treats or disposes of or where necessary to ascertain facts not available at the facility where such hazardous substances are located who generates transports or otherwise handles or haa handled hazardous substances Section 3007 o~ RCRA 42 usc 56927 provides that any person who generates

Dostorea treats transports disposes of or otherwise handles 0 or handled hazardous wastes shall bullbullbull 1-40furnish information 3

relating to such waste upon the request of EPAbull zn 1-40 ltliZ

Pursuant to 53007 of ~CRA and 5104 of CERCLA EPA requests -IZ 00

that within thirty (30) calendar days of receipt of this D-0 -I

letter you provide EPA with the information requested hereinafter 1-40

including copies of all records relating to hazardous wastea ltO 113

and hazardous aubatancea transported to stored treated or 0 ODgt

diapoaed of or otherwise handled at the F OConnor facility ITIZ

on Route 17 in Augusta Maine In responding to thia information O-lt

requeat refer to the definitions listed in Sl01 of CERCLA ~ and 51004 of RCRA in determining the scope of your responae

If any of theae questionbull cannot be answered in full then you ahould anawer to the extent possible specify each reason for your inability to anawer the remainder and state whatever information or knowledge you have concerning the unanawered portion In anawering the question furnish such information aa ia available to you regardlesa of whether or not it ia baaed on peraonal knowledge or recorda of reapondent ita agenta or repreaentativea or froa othera or othera recorda regardleaa of the aource

State whether any documentamp requested herein have been transferred voluntarily or involuntarily to others or have been otherwise disposed of If the answer is yeabull identify each such document identify the person to whom it was transferred describe the circumstances surrounding such transfer or other disposition and state the date or approximate date of such transfer or other disposition

Ifmiddot in answering any of the questions herein information was obtained through employee interviews indicate the names current addresses and responsibilities of the employ e(s) or form r employee(s) interviewed

To the extent that any of the responses to th request herein are based on personal knowledg your respons should b accompanied by a signed and notarized affidavit of the duly authorized repres ntative of you or your comp ny The affid vit should state that a diliQent search of all of th address s

I I

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-4shy

records has been ~erformed that all employees with information relevant to these requests have been interviewed and that all relevant information has been provided in the response and that such information is accurate

1 Provide any and all information and copies of all documents relating to companies corporations and individuals which have arran~ed for shipped or delivered hazardous waste ~ollutants contaminants or substances including waste oils to the F OConnor Site

2 Provide any and all information and copies of all records concerning hazardous wastes pollutants contaminants bull or substances including waste oils transported to stored treated disposed of andor otherwise handled in the F OConnor Site from 1950 to the present

3 The information and documents referred to in questions (1) and ( 2) should identify the following

(a) the dates of such shipments1

(b) the quantities of materials shipped on each date1

(c) the state of waste shipped (ie solid liquid semi-solid or powder) method of containerization (ie drums tank trucks)r and

(d) chemical content of waste shipped

4 Describe the manner in which hazardous wastes pollutants contaainants or substances including waste oils were treated stored disposed of andor otherwise handled at the Site

5 Give details of episodes when hazardous wastes substances pollutants or contaminants may have been spilled or released to soil surface waters or groundwater from drums tanks impoundments piles or other containers or container systems

6 Provide dates of ownership and operation and the names of current and former employees of the F OConnor Sitemiddot

7 If you have been insured for any damages resulting from a release of hazardous wastes andor hazardous substances please provide EPA with copies of all insurance policies in effect during the period from 1950 to the present

Your response to this request for information must b sent to EPA at the aforementioned address within thirty (30) cal ndar day o rec ipt of this lett r Under Section 3008 of RCRA 42 usc 6928 failure to comply with this request may result in an Order

I I I I

-5shy

requiring compliance or a civil action for appropriate relief ~ncluding penalties of up to $25000 a day for every day of non-compliance

This information request is not subject to the approval requirements of the Paperwork Reduction Act of 1980 44 usc S350l ~middot seg EPA regulations governing confidentiality of business information are set forth in Part 2 Subpart B of Title 40 of the Code of Federal Regulations For any portion of the information submitted which is entitled to confidential treatment a confidentiality claim may be asserted in accordance with 40 CFR Section 2203(b) If EPA determines that the information

~ so designated meets the criteria set forth in 40 CFR Section 0

2203 the information will be disclosed only to the extent and IHO zoby means of the procedures specified in 40 cra Part 2 Subp~rt HO

B EPA will construe your failure to furnish a confidentiality IIZ ~z

claim with its reaponse to this letter aa a waiver of that claim 00 ~oand information may be made available to the public by EPA without ~ H()further ootice ltO rtlI

o~This request for information under Sl04 of CERCLA and S3007 of RCRA 0

rtlZaay be handled separately from or together with your decision on ()~

voluntary participation in the studies and actions deemed necessary for remedial cleanup of the Site ~ The factual and legal discussions contained in this letter are intended solely for notification and information purposes They are not intended to be and cannot be relied upon as a final EPA positi~n on any matter set forth herein

Due to the seriousness of the conditions at the Site and the attendant legal ramifications EPA strongly suggests that you give this letter your immediate attention

Sincerely

~~IIWI~----Merrill s Hohman Director Waste Management Division

cc Director Office of Waste Programs Enforcement Director Office of Enforcement and Compliance Monitoring-Waste Henry Aho Maine Department of Environmental Protection John J OConnor The F OConnor Company

1. barcode 567595
2. barcodetext SDMS Doc ID 567595

I I

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-4shy

records has been ~erformed that all employees with information relevant to these requests have been interviewed and that all relevant information has been provided in the response and that such information is accurate

1 Provide any and all information and copies of all documents relating to companies corporations and individuals which have arran~ed for shipped or delivered hazardous waste ~ollutants contaminants or substances including waste oils to the F OConnor Site

2 Provide any and all information and copies of all records concerning hazardous wastes pollutants contaminants bull or substances including waste oils transported to stored treated disposed of andor otherwise handled in the F OConnor Site from 1950 to the present

3 The information and documents referred to in questions (1) and ( 2) should identify the following

(a) the dates of such shipments1

(b) the quantities of materials shipped on each date1

(c) the state of waste shipped (ie solid liquid semi-solid or powder) method of containerization (ie drums tank trucks)r and

(d) chemical content of waste shipped

4 Describe the manner in which hazardous wastes pollutants contaainants or substances including waste oils were treated stored disposed of andor otherwise handled at the Site

5 Give details of episodes when hazardous wastes substances pollutants or contaminants may have been spilled or released to soil surface waters or groundwater from drums tanks impoundments piles or other containers or container systems

6 Provide dates of ownership and operation and the names of current and former employees of the F OConnor Sitemiddot

7 If you have been insured for any damages resulting from a release of hazardous wastes andor hazardous substances please provide EPA with copies of all insurance policies in effect during the period from 1950 to the present

Your response to this request for information must b sent to EPA at the aforementioned address within thirty (30) cal ndar day o rec ipt of this lett r Under Section 3008 of RCRA 42 usc 6928 failure to comply with this request may result in an Order

I I I I

-5shy

requiring compliance or a civil action for appropriate relief ~ncluding penalties of up to $25000 a day for every day of non-compliance

This information request is not subject to the approval requirements of the Paperwork Reduction Act of 1980 44 usc S350l ~middot seg EPA regulations governing confidentiality of business information are set forth in Part 2 Subpart B of Title 40 of the Code of Federal Regulations For any portion of the information submitted which is entitled to confidential treatment a confidentiality claim may be asserted in accordance with 40 CFR Section 2203(b) If EPA determines that the information

~ so designated meets the criteria set forth in 40 CFR Section 0

2203 the information will be disclosed only to the extent and IHO zoby means of the procedures specified in 40 cra Part 2 Subp~rt HO

B EPA will construe your failure to furnish a confidentiality IIZ ~z

claim with its reaponse to this letter aa a waiver of that claim 00 ~oand information may be made available to the public by EPA without ~ H()further ootice ltO rtlI

o~This request for information under Sl04 of CERCLA and S3007 of RCRA 0

rtlZaay be handled separately from or together with your decision on ()~

voluntary participation in the studies and actions deemed necessary for remedial cleanup of the Site ~ The factual and legal discussions contained in this letter are intended solely for notification and information purposes They are not intended to be and cannot be relied upon as a final EPA positi~n on any matter set forth herein

Due to the seriousness of the conditions at the Site and the attendant legal ramifications EPA strongly suggests that you give this letter your immediate attention

Sincerely

~~IIWI~----Merrill s Hohman Director Waste Management Division

cc Director Office of Waste Programs Enforcement Director Office of Enforcement and Compliance Monitoring-Waste Henry Aho Maine Department of Environmental Protection John J OConnor The F OConnor Company

1. barcode 567595
2. barcodetext SDMS Doc ID 567595

I I I I

-5shy

requiring compliance or a civil action for appropriate relief ~ncluding penalties of up to $25000 a day for every day of non-compliance

This information request is not subject to the approval requirements of the Paperwork Reduction Act of 1980 44 usc S350l ~middot seg EPA regulations governing confidentiality of business information are set forth in Part 2 Subpart B of Title 40 of the Code of Federal Regulations For any portion of the information submitted which is entitled to confidential treatment a confidentiality claim may be asserted in accordance with 40 CFR Section 2203(b) If EPA determines that the information

~ so designated meets the criteria set forth in 40 CFR Section 0

2203 the information will be disclosed only to the extent and IHO zoby means of the procedures specified in 40 cra Part 2 Subp~rt HO

B EPA will construe your failure to furnish a confidentiality IIZ ~z

claim with its reaponse to this letter aa a waiver of that claim 00 ~oand information may be made available to the public by EPA without ~ H()further ootice ltO rtlI

o~This request for information under Sl04 of CERCLA and S3007 of RCRA 0

rtlZaay be handled separately from or together with your decision on ()~

voluntary participation in the studies and actions deemed necessary for remedial cleanup of the Site ~ The factual and legal discussions contained in this letter are intended solely for notification and information purposes They are not intended to be and cannot be relied upon as a final EPA positi~n on any matter set forth herein

Due to the seriousness of the conditions at the Site and the attendant legal ramifications EPA strongly suggests that you give this letter your immediate attention

Sincerely

~~IIWI~----Merrill s Hohman Director Waste Management Division

cc Director Office of Waste Programs Enforcement Director Office of Enforcement and Compliance Monitoring-Waste Henry Aho Maine Department of Environmental Protection John J OConnor The F OConnor Company

1. barcode 567595
2. barcodetext SDMS Doc ID 567595