I I

~ I I

- -·- -- - --·· · -r ­

DYER, GOODALL AND ZEEGERS Break: 1?.1 .? Other:Attorneys at Law

( Casco Northern Bank Building One Memorial Circle

TELEPHONEAugusta, Maine 04330 Linda Smith Dyer (207) &22·3&93

Clifford H. Goodall Donna l. Zeegers RECEIVED

Marcla 18, 1985

Charles c. Bering, Esq. Legal Division U.S. Environmental Protection

Agency Region 1 J.F. Kennedy Federal Building Boston, Massachusetts 02203

Rea CERCLA Order Docket No.

MAR 2r· t;~· - ·

~ 0 ~ HO zo HO <liZ -iZ XJO ~XI -i HO <O

"'~ ~~I-85-1031 O-<

/F. O'Connor Company Superfund Site ~

Dear Charles:

We are in receipt of your letter of March 11, 1985 which contains EPA's response to the Site Security Plan which was submitted on behalf of F. O'Connor Company.

On March 13, 1985, I had the opportunity of discussing this response with Marilyn Wade at the site. Baaed on that site inspection and my discussion with her, it is my understanding that the EPA response to the fencing plan is further modified as follows:

1. The three strands of barbed wire will not be required.

2. The fence which parallels Route 117 shall go to and connect with the end of the culvert which carries the brook underneath Route 117. The property line which follows the brook in an easterly direction will not be fenced in. The fence will resume at the edge of the water course and proceed in a northeasterly direction from a point in the approximate location of an existing elm tre , dbh 6"+. The fenc will then connect with th easterly portion of the fence as outlined in our proposal of February 6th. The access road will be blocked off by either a fence or by the dropping of tree across it to make it impassable. It will also b s i gned at the tim th fence barrier is sign d .

3. We will submit the revised fence plan for the Site Security Plan on or befor 3/25/85 .

I I I I

r Charles c. BerD9, Esq. Page Two March 18, 1985

On the second }age of your letter was a series of dates which establish a ca.pliance schedule. These dates are acceptable with three pouible exceptions. Having the analysis of the samples complemd by 6/14/85 is achievable provided there is no delay by the ~ratories. The trial report receipt date for EPA of 7/15/85 is also probably achievable, but this also is out of our han , and we are dependent upon the laboratory for achieving this date. We will do everything possible to achieve compliance witl both dates. The other date which may pose a problem to achieve is the 4/8/85 date for the completion of the fence construction. We have undertaken the requests from fence contractors to build a fence, and we do not yet have a firm date for constraction completion from these contractors. We also have to prcvide safety equipment for them given the hazardous natume of the area, and this may cause delays. I am not saying we cannot meet ~ dateJ we will try, but there may be some minor slippage.

Regarding ~ence construction, it is our understanding based on our converaations with Marilyn Wade that we will not need to have the fence construction crew trained in safety matters for hazardous waste sites. She told us it will be sufficient to have the work supervised by someone certified by EPA in hazardous site safety. Jim Richard of J.K. Richard Associates is so certified and will be that supervisory personnel.

Thank you for your response. If you have any questions or comments, please don't hesitate to contact me.

CHG/sah

cc: Marilyn Wade Henry Aho James Kilbreth, Esq. F. O'Connor Company Acheron Engineering J.K. Richard Associates

:p. 0 :I 1-40 zo 1-40 (I)Z-4Z ~0 :p.~ -4 1-40 <O ITI~

"0 ~:p. ITIZ O-< 0

~