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~~·" ID CHEMICALS
P.O. BOX 148, CHARLESTON, TN 3?310 (lUI) 331·4000
March 21, 1988
Lynne Fratus Rhode Island Superfund Section U.S. Environmental Protection Agency Region I John F. Kennedy Federal Building (Mail Code HSV CAN3) Boston, Massachusetts 02203-2211
Re: Western Sand and Gravel Site Burrillville, Rhode Island
Dear Ms. Fratus:
As we have discussed, Olin has been unable to obtain access to Lot 7/38 in North Smithfield for the purpose of monitoring well installation and sampling. In addition to sending the property owner our request for site access (see attachments for typical documents), we have contacted Mr. Pezza and his legal representative on numerous occasions. Information in our possession is as follows:
Owner: Mr. Leonard Pezza and Mrs. Constance Pezza 11 Windsor A venue Johnston, Rhode Island 02919 Phone at C. Pezza and Sons 401/231-6014
Owner's Legal Representative:
Mr. Haig Barsamian Suite 902 Old Colony House S8 Weybosset Street Providence, Rhode Island 02903 Phone: 401/331-7264
Sincerely,
~:::. Z(.~~~n
Manager, Environmental Affairs
jmm Enclosure
OLIN CO , III.POIII.ATION
-----------NOTICE: If the fH
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age Ia Ieee clear than thle notice, It It due to the ,. ... n+v of the docum
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-0t1n Hunt Specialty Producta Inc.A Sub~1d1otry ot Olin CofporauonOnu Watlington RoadL1nc01n.Rhode Island 02865ltlldpiiOI\8 401 ·333-0114
July 17, 1987 OllnHunt Mr.Mrs.RFD 11, Pulaski RoadWoonsocket, Rhode Island 02895 Dear Hr. and Mrs.
As you know, the State of Rhode Island, EPA, and a number o.f companies have entered into an agreement to perform remedialmeasures at the Western Sand ' Gravel Site. One of the acti vities that will be undertaken is a study to determine thequality of the groundwater in the nearby area. The study willbe performed by Olin Hunt Specialty Products Inc. (formerlyPhilip A. Hunt Chemical Corporation). To properly perform this study it will be necessary to installsoil vapor samplers at carefully selected locations in theneighborhood. The locations will be selected in the next several months after a review of the area by the engineers performing the work.) To complete the review, soil vapor samplerswill be installed throughout the study area. These samplerswill consist of small plastic cups to be placed in a hole inthe ground about 1' deep.when we complete the work.
The holes, of course, will be coveredSince these samplers will be installed every 150', there could be several on your land.Baaed upon the results of these samplers, it may be that theengineers will select a location for a monitoring well on yourland. If that turns out to be the case, it will be very important that samples of the groundwater under your land beobtained. Therefore, we are requesting that you sign the enclosed agreement which authorizes Olin Hunt to locate a soilvapor sampler and possibly to drill a cluster of three monitoring wells on your property, at mutually agreeable locations,so that we can get the underground samples which are necessaryto perform a thorough study. Be assured that we will installthe monitoring wells in a manner which will not interfere withthe use of your property. After installation, the only evidenceof the wells that you will see are three 4• pipes which willextend about 6• to 12• above the ground. We will, of course, ,·restore your property to ita original condition after the studyis completed.
If any trees or bushes need to be removed t o drill thing wells, we will get your permission f i rst . mon i tor
If you g i veyour permi ssion, brush will be hauled away or, in the caseof tree s , we will leave it for firewood i f you desir e .
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Page Two
If you have any questions regarding this matter please contact:
Alderic Therrien, Plant Manager Olin Hunt Specialty Products Inc. One Wellington Road Lincoln, Rhode Island 02865
I have enclosed two copies of the agreement. Please sign both and return them in the envelope that I have enclosea for that purpose. We will then sign both agreements and return a fullyexecuted agreement to you.
Thank you very much for your assistance and coo~eration.
Very truly yours,
a_e~lj2~~
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WELL INSTALLATION AGREEMENT
THIS AGREEMENT, made this ,day of 1987
is by and between
(the •owner•) and Olin Hunt Specialty Products, Inc., a Delaware
corporation with an office at One Wellington Road, Lincoln, Rhode
Introduction
Owner is the owner of a parcel of land in Burrillville,
Rhode Island identified as Hap , Block , Lot (the
•Property•)~ Olin Hunt seeks permission to install a soil vapor
aampler and a cluster of three monitoring wells and to perform .
water sampling, testing and analysia, and other aimilar work
on the Property.
Agreements
In consideration of providing you with a copy of the data
and information generated as a result of the below-described
work, and other good and valuable consideration, the parties
mutually agree as followaa
l. Owner hereby grants to Olin Hunt, its successors,
assigns, employees, and contractors the right to install a
cluster of three monitoring wells, a soil vapor sampler moni
toring well and to perform soil and water sampling, testing and
analyaes, and other like work on the Property at locations
to be mutually agreed upon between the parties.
2. This Agreement and Olin Hunt's rights hereunder shall
run with the land, but ahall terminate two (2) yeara from
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the date hereof unless it is determined by the US Environmen
tal Protection Agency, the US Department of Juatice, the Rhode
leland Attorney General, or a Judge of the u.s. District Court
for the District of Rhode Island that there is further need
for additional drilling, eampling, monit~ring, testing, and
other like work. In such event, Olin Hunt and Owner shall
endeavor in good faith to agree to an extension of this Agree
ment and, if they cannot agree, the matter shall be eubmitted
to and determined by a Judge of the u.s. District Court for
the District of Rhoda leland, and the partie• hereto agree
to be bound by eaid Court's determination. During euch time
ae the partiae attempt to 'agree to an extension of thie Agree
ment or the matter is submitted to and determined by the Court,
the well shall remain in place and lhall continue to be used
for sampling and monitoring.
3. Upon expir&ti~n or termination of this Agreement,
ae provided in paragraph 2, and the co.mpletion of the work
contemplated herein, Olin Hunt shall reetore the property
to the condition in which it existed on to
the extent practicable.
4. OWner wrrante that they have good title to the Property
and the right and power to enter into thie Agreement.
5. Olin agreee to defend, indemnify, and hold harmless
OWner with regard to any claim, demand, or cause of action
for pereonal injury or property damage arising out of Olin
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Hunt's work on and/or use of the Property as provided in this
Agre~ment, to the extent that any such claim, demand, or cause
of action ie the eole reeult of negligence or oth er culpable
conduct on the part of Olin Hunt or ita agents, servants,
employee•, or contractor•.
6. When and where appropriate to protect the Property
and Olin Hunt'• activitiee thereon from improper intruaion,
Olin Hunt agree• to provide, erect and maintain temporary
fencea, barricadea, or other appropriate eecurity devices.
7. Thie Agreement and all of ita terma, covenants, and
conditione ehall be binding upon and inure to the benefit
of the partie• hereto, their legal repreeentativea, diatribu) teea, eucceaaore and ae1igna.
IN WITNESS WHEREOF, the partie• hereto have hereunto duly
executed thie Agreement. '
OLIN HUNT SP~ IALTY PRODtx::TS IN:.
By--------------------------
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