Document ppm95p7vgXEg7x4exqB5dK1Na

"-1" -r- ' KEVIN J, HOPPER" GeoRiae noppeft werwito <M-BO ABMiTflSD IN KEMTUCKV KEVW J. HOPPER Co., ATTOKHEY AT 1LAW SOUTHAMPTON SQUAW 7434 tiAOER COURT CtMCHTtAH, OHIO 43230 LPA TEL. (S13) S9X-7KTS PMC: (Sia3 232-76S4 EMAIL; hopperlBwQBol.cDm AR226-2605 CINCINNATI OFPlfte sioo ceu3 CENTER aa EAST SEVENTH ameer CINCINNATI, OHIO 4Sa02 TH-. t6ia) a*i-7ea PAX: (613) 241-B7?'B February 21,2002 Mr. Michael Baker Chief of Drinking and Ground Waters Section Ohio Environmental Protection Agency P.O. Box 1049 Columbus, OH 43216-1049 Re: The Little Hocking Water Association, Inc. Washington County Dear Mr. Baker: The purpose of this letter is to advise you that I have been retained as environmental counsel by ' The Little HockinS Water Association, Inc. to represent them in matters associated with the ^ potential contamination of their wells by a certain organic chemical, ammonium perfluorooctanoate, (hereinafter "C-8") (CAS No. 3825-25-1) utilized by DuPont It is my understanding that you hosted a meeting at m Ohio Environmental Protection Agency ("OEPA") in January, 2002, to discuss this issue with represeatatives DuPont and their counsel. You also invited The Little Hocking Water Association, Inc. to attend this meeting. Since that meeting) DuPont did perform additional sampling of not only tho production wells qf The Little Hocking Water Association, hie., but also the test wells located within the wcllfield property, and within the distribution system. I am enclosing a copy of those results for your reference and use. Please note that the distribution system samples were between 1 and 2 ppb, but the test wells and production wells were si^iifieantly higher. I noted fiom the attendance sheet for (he meeting at the OEPA that a representative of the West Virginia Department of Environmental Protection ("WVDEP") was not present. I am, therefore enclosing a copy of the Consent Order which was entered into by and between WVDEP and DuPont on November 14,2001. ASH02B127 EID781407 EID781407 y- / - Page 2 Requested Next Steps for OBPA. 1. Enter Into Admimsteative Order on Consent or in theAlternative Issue a Unilateral Order. I would like to request that the OEPA proceed to a similar Administrative Order on Consent ("AOC"), or in the alternative a unilateral Order against DuPont for the purpose of establishing the nature and scope of the contamination of the "waters of the State" by C-8 in the vicinity of not only The Little Hocking Water Association, Inc. wellfield, but also potentially impacted aquifers in Ohio. 2. Participate in WVDBP Committees as an Bx Officio Member. There are two "teams" that are established under the WVDEP Order. The fitst is a ground water investigation steering team ("GIST"), which is discussed in Article Vn on page 6 of the Order. This team includes the United States Environmental Protection Agency ("USEPA"), WVDEP and DuPont representatives. The purpose of this team is to "...issue reports setting forth findings o'ffact and conclusions regarding background data, ground water monitoring,.and plume identification...". This should be expanded to include plume migration into the State of Ohio. The second team established pursuant to the WVDEP Order is the "C-8 assessment and toxicity team"("CAT"), which is established in Article Vn(C)(2) . on page 8 of.the Order, The purpose of-uus team is to "...issue a final report getting forth findings of fact and conclusions as to what extent there may be health risks associated with C-8 at the Facilities.". The task as described on page C-4 of this team is the "development of screening levels based on protection of human health". This would allow the OBPA to development huroan health risk base screening levels for C-8 in air, water and soil. Also, a determination ofthe potential caroinogenicity of C-8 should be included. Participation by the OEPA in this team so as to property advise The Little Hocking Water Association, hie. and other water districts on the toxicity ofC*8 would be logical. It is requested that the OEPA participate in these activities with DuPont and WVDEP so that the OBPA may establish guidelines for the maximum contaminant levels (""MOLs") of C-8 as safe levels for The Little Hocking Water Association, me. drinking water. In order to providebackground information to you on discharges of C-8 from the DuPont facility h Parkersburg, West Virginia (Wood County), I am enclosing a copy of correspondence dated March 6,2001, prepared by Robert A. Bilott, Esq. at Taft, Stettinius & Hollister in Cincinnati, Ohio, acting as counsel for several adjacent property owners to the DuPont facility. I do not ASH028128 EID781408 EID781408 Page 3 have the Exhibits which are referenced in Mr. Bilott's correspondence, however I shall be pleased to request them through the offices of Mr. Bilott. After reviewing Mr. Bilott's correspondence you will note that the regulation ofC-8 has passed"under the radar screen" of the USEPA, as such it is not a regulated substance. Mr. Bilott has in excess of 110,000 pages of documents produced by DuPont on the subject ofC-8. After reviewing the above and the enclosureg, I request that you contact me so that we may discuss the next steps of the OEPA in this matter. Veiy^ truly yours, rj.HOPPBRCO.,LPA .-. . Kevin J. Hopper KJH/th Enclosures CC: The Little Hocking Water Association, Inc. Christopher Jones, Esq., Director/OEPA Sarah Waltace/OBPA Southeast District Office, Division of Drinking & Ground Waters Janet Welch, Esq./General Counsel for Little HocMng Water Association, Inc. Kiln Mays/Ohio River Valley Water Sanitation Conumssion ASH028129 EID781409 EID781409