Document LKovEv5xVwaN56Zr9BXke4jxw
Interoffice Communication
TO: FROM: DATE:
DISTRIBUTION David L. Cohen July 19, 1990
VISTA
Please find attached another Superfund information
request letter. This one relates to the Iron Hill Road
Drum site in Cecil County, Maryland. I have answered
questions one through four..
Please let me know in
writing by July 27, 1990 whether you have any response to
questions 5-19. Notice especially question 16, which
requires that we provide all information and
documentation describing any transactions involving Vista
and any entity present at the site, including the
companies listed in the question.
If you have any
questions regarding this matter please call me.
DISTRIBUTION: Environmental Coordinators; Rick Johnson; Bill Chamberlain; Malcolm McMullen; Tom Grumbles
105.LTR.JUl
VVV 000013522
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
$ J\f
REGION III ')&41 Chestnut Building
Philadelphia. Pennsylvania 19107
/
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Mike Fortier
JUL
General Manager
Conoco Chemicals
c/o Vista chemicals Company
Park'-Eighty Plaza East
Saddle Brook, New Jersey 07662
'Vrr> i 0 1990
JOL 9 1990
Re: Iron Kill Road Drum Site, 117 Iron Hill Road, Elkton, Cecil County, Maryland.
Dear Mr. Fortier:
The U.S. Environmental Protection Agency (EPA) is seeking information concerning a release, or the threat of release, of hazardous substances, pollutants or contaminants into the environment at the above referenced site. Pursuant- to the authority of Section 3007(a) of the Resource Conservation and Recovery Act, as amended (HRCRAH), 42 U.S.C. Section 6927(a), and Section 104(e) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ("CSRCIA"), 42 u.s.c. section 9604(e), your company is required to furnish all information and documents in its possession, custody or control, or in the possession, custody or control of any of its employees or agents which concern, refer, or relate to the following: any transactions involving your company and any affiliate, subsidiary or division thereof and any entities who were present at the site between 1973 and 1985, including but not limited to those listed in question #16, and hazardous substances as defined by section 101(14) of CERCLA, 42 U.S.C. Section 9601(14), pollutants, contaminants, and/or hazardous wastes as defined by Section 1004(5) of RCRA, 42 U.S.C. Section 6903(5), which were transported to, stored, treated, or disposed of at the above referenced facility or the surrounding area. (See enclosed location Map"). These hazardous substances include, but are not limited to, dinitrophenyl hydrazine, phenols, methyl ethyl ketone (MEK), cresols, chlorobenzene, cyanide liquids/solids, chloroform, acetonitrile, benzene acids, and volatile organic compounds (VOCs)
vvv 000013523
The provisions in Section 104 of CERCLA, 42 U.S.C. Section 9604 and Section 3008 of RCRA, 42 U.S.C* Section 6928, authorise EPA to pursue penalties for failure to comply with these sections or tor failure to respond adequately to required submissions of information. In addition, providing false, fictitious, or fraudulent statements or representations may subject you to
criminal penalties under 18 u.s.C. Section 1001. The information
you provide may be used by EPA in administrative, civil, or criminal proceedings*
Instructions for responding to this required submission of information are provided below. Please respond for all entities who were present at the site as well as all materials which are potentially hazardous and the hazardous substances, pollutants and contaminants previously specified in this letter.
As used herein, the term "documents'* means: writings (handwritten, typed or otherwise produced or reproduced) and includes, but is not limited to, any invoices, checks, receipts, bills of lading, weight receipts, toll receipts, correspondence, offers, contracts, agreements, deeds, leases, manifests, licenses, permits, bids, proposals, policies of insurance, logs, books of original entry, minutes of meetings, memoranda, notes, calendar or daily entries, agendas, bulletins, notices, announcements, charts, maps, photographs, drawings, manuals, brochures, reports of scientific study or investigation, schedules, price lists, telegrams, teletypes, phono-records, magnetic voice or video records, tapes, summaries, magnetic tapes, punch cards, recordings, discs, computer printouts, or other data compilations from which information can be obtained or translated.
1. Identify the respondent to these questions;
2. for each and every question contained herein, identify all persons consulted in the preparation of the answer?
3. for each and every question contained herein, identify all documents consulted, examined, or referred to in the preparation of the answer or that contain information responsive to the question and provide true and accurate copies of all such documents;
4. list the EPA RCRA Identification Numbers of the respondent, if any, and identify the corresponding units, facilities or vessels assigned these numbers;
5. describe the acts or omissions of any persons, other than your employees, agents or those persons with whom you/your firm had a contractual relationship, that may have caused the release or threat of release of hazardous substances at the Site;
VVV 0 0001352*
In addition:
a. describe all precautions that you took against foreseeable acts or omissions of any such third parties and the consequences that could possibly result from such acts or omissions;
b. describe the care you exercised with respect to the hazardous substances found at the Site;
6. identify all persons, Including your employees, who have knowledge, information or documents about the generation, use, purchase, treatment, storage, disposal or other handling of hazardous substances at or transportation of hazardous substances to the site;
7. provide all existing technical or analytical information that you may have about the Site, including but not limited to data and documents related to soil, water (ground and surface), geology, hydrogeology, or air quality on and about the Site;
8. Do you know or have reason to know of any on-going or planned investigations of the soil, water (ground or surface), geology, hydrogeology or air quality on or about the Site? If so:
a. describe the nature and scope of these investigations:
b. identify the persons who are undertaking or will undertake these investigations;
c. state the dates of such investigations; and
d. describe as precisely as possible the locations at the Site where such investigations are taking or will take place;
9. identify all persons, including you/your firm, who may have given, sold, transferred, delivered or otherwise conveyed, any materials or items, including but not limited to any hazardous substances as described on page 1 of this letter, to the Site;
In addition:
a. state the dates on which each such person
may have given, sold, transferred, delivered
or otherwise conveyed such material and to
whom;
yyy 000013525
b. describe the materials or items that may have been given, sold, transferred, delivered
or otherwise conveyed, including type of
material, quantity, chemical constituents by IUPAC name (e.g. 1,2,4 - Trichlorobenzene is
an IUPAC name), trade name, physical state, quantity by volume and weight, and other descriptive characteristics;
c* describe the intended purpose of each sale, transfer, delivery or conveyance;
d. describe the source of or process that produced the materials that may have been sold, transferred, delivered or conveyed; and
e. describe all efforts taken by such persons
to determine what would actually be done with
the materials that may have been sold,
transferred, delivered or otherwise conveyed
after such materials had been sold,
transferred, delivered or otherwise conveyed
to the site;
_
10. identify all persons, including you/your firm, who may have transported substances to the site. Such persons will hereinafter be referred to as "Transporters;"
for each such transporter, further identify;
a. the nature and quantity of all nonhazardous materials transported to the site;
b. the nature of the hazardous materials
transported to the site including the chemical constituents by IUPAC name, trade names, characteristics, and physical state (e*g., solid, liquid);
c. the persons from whom the Transporters accepted hazardous substances;
d. every date on which they transported the hazardous substances to the site and the identity of any party(ias) who took possession of them there;
e. the owners of the hazardous substances
that were accepted for transportation by the Transporter;
VVV 000013526
f. the quantity (weight and volume) of hazardous substances brought by the Transporter to the site;
g. all teats, analyses, analytical results and manifests concerning each hazardous substance accepted for transportation to the site;
h. the precise locations at the site to which each hazardous substance was transported;
i. who selected the location to which the Transporter would take each hazardous substance;
j. who selected the site as the location to which the Transporter would take each hazardous substance;
k the amount paid to each Transporter for accepting the hazardous substances for transportation, the method of payment, and the identity of the persons who paid eactw. Transporter;
l. where the persons identified in (i), above, intended to have such hazardous substances transported and all documents of other information (oral or written) evidencing their intent;
m. all locations at which such hazardous substances were shipped through, or were stored or held at, prior to their final treatment or disposal;
Furthermore, describe:
n- what activities transpired with regard to the hazardous substances after they were transported to the site (e.g. treatment, storage or disposal) ;
o. the final disposition of each of the hazardous substances brought to the site;
p. the measures taken by the persons who gave the hazardous substances to the Transporters to determine what the Transporters would actually do with the hazardous substances they accepted; and
vvv 000013527
r
q. the type, number and condition of container# in which the hazardous materials were contained when they were accepted by the Transporters and when they were left at the site and any other labels, numbers or other markings on the containers;
11. identify the names of all drivers who delivered hazardous substances from you/your firm; including
a. whether they are presently employed by you; and
b. their present address, or last known whereabouts;
12. identify all persons, including you/your firm, who may have;
a. disposed of or treated materials at the site;
b. arranged for the disposal or treatment of materials at the site; or
c. arranged for the transportation of materials to the site (either directly or through transshipment points) for disposal or treatment. Such persons will hereinafter be referred to as "generators."
13. for each and every instance in which a generator performed any of the actions specified in parts a.- c. of the previous question;
a. identify the generator?
b. identify the persons with whom the generator made such arrangements;
c. Identify all persons who may have directly or indirectly transported or otherwise brought any materials to the site;
d. state every date on which each generator made such arrangements and with whom;
e. describe the nature, including the chemical constituents by IUPAC name, trade name, characteristics, physical state (e.g., solid, liquid) and quantity (volume and weight) of all hazardous substances involved in each such arrangement;
VVV 000013528
f. describe the nature and quantity of materials involved in each such arrangement;
g. identify the owner of the hazardous substances involved in each such arrangement;
h. describe all tests, analyses, analytical results or manifests concerning each hazardous substance involved in such transactions;
i. describe as precisely as possible any and all of the locations at which each hazardous substance involved in such transactions actually was disposed of or treated;
j. identify the persons who selected the location to which the hazardous substances were to be disposed of or treated;
k. identify who selected the site as the location at which hazardous substances were to be disposed of or treated;
l. state the amount paid in connection with each such arrangement, the method of payment, and the identity of the persons involved in each arrangement;
m. describe where the persons identified in subparts (j) and (k) of this question intended to have the hazardous substances involved in each arrangement treated or disposed of and provide all documents or other information (written or oral) evidencing their intent;
n* describe all intermediate sites to which the hazardous substances involved in each arrangement were shipped, or at which they were stored or held, any time prior to final treatment or disposal;
o* describe what was done to the hazardous substances once they were brought to the site;
p. describe the final disposition of each of
the hazardous substance involved in each arrangement;
VVV 000013529