administrative settlement agreement and order on … · in the past on the john j. riley property...

... BEFORE THE UNITEU STATES

ENVIRONMENTAL PROTECTION AGENCY

i I,

In the matter of: ) )

BEATRICE FOODS, Woburn, MA

INC. ) ) Docket No. 83-1007 )

Respondent ) )

ORDER AND AGREE~1EI~T

Proceeding U'lder Section 3013 of the Resource Conservation and Recovery Act, 42 u. S.C. S6 934

) )) )) )

ORDER AND AGREEf.1ENT REQUIRING SAMPLING, ANALYSIS,

MONITORING AND REPORTING

On May 9, 1983, ar. Order Requiring Submission of

Proposal for Sampling, Analysis, Monitoring, and

Reporting (hereinafter •order•) was issued to Beatrice

Foods, Inc. (hereinafter •Beatrice•). The Order wa~

issued pursuant to the authority of Section 3013 of the

Resource Conservation and Recovery Act (hereinafter •RCRA"),

42 u.s.c. S6934, as vested in the Administrator and

delegated to the Regional Administrator. By its terms,

the Order required Beatrice to submit to EPA a proposal

for the identification, sampling, analysis, and

monitoring of hazardous wastes on nd emanating from

the p1.·operty owned by Beatrice in Woburn, MA.

Without trial, admission, waiver or adjudication of

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any issue of fact or law, and after formally objecting

to the ORDER and reserving its rights thereunder,

Beatrice submitted a technical proposal to EPA attached

herein as Appendix A (hereinafter "Proposal•) and made

a part hereof.

ORDER AND AGREEMENT

)

Based on the foregoing, it is hereby agreed by

R~atrice a~~ OR~EP.E~ by F.P~:

l. Beatrice shall implement the Proposal and shall

complete the same in accordance with the terms of the

Proposal.

2. EPA and/or its contractors shall overview Beatrice's

implementation of the Proposal. Therefore, Beatrice

shall provide EPA and/or its contractors with access to

the property for this purpose.

3. All issues, questions and/or disagreements that may

shall be decided jointly between EPA, and/or its contractors

and Beatrice's contractor, Woodward-Clyde Consultants.

Any issues, questions and/or disagreements concerning the

i~lementation of the Proposal not reconciled by mutual

agreement within seven days shall be deemed resolved

in favor of EPA, provided, they do not materially alter

the scope of work or cost of implementation.

4. In addition to the provisions for sampling in the

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Proposal, EPA and/or its contractors may take samples from

any additional locations deemed appropriate. Split

samples will be provided to Beatrice upon request. !,

5. If, during the implementation of the Proposal, EPA

determines that conditions on site are creating an

imminent and substantial endangerment to the h'eal th

and safety of the people on the site or in the surrounding

area or are creating a public nuisance, EPA and DEQE may

order Beatrice to ceaze inplementation of this ORDER fo~

such period of time as needed to abate the hazard or

public nuisance.

6, Notwithstanding the submission of the Final Report

as described in the Proposal, Beatrice shall provide all

analytical data to EPA immediately upon receipt. Field

notes, field measurements, logs and other information

shall be accessible to EPA or its contractors as they

overview implementation of the Proposal.

7, EPA retains the right to require any further action

as it deems necessary, including, but not limited to, the

issuing of further adminstrative orders or the seeking

of judicial recourse. Nothing in this Consent Order

shall be construed to limit Beatrice's rights to contest

any such further action by EPA.

B. Failure or refusal to comply with the terms of this

ORDER AND AGREEMENT may ·result in EPA's commencement of

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a civil action to require compliance and to assess a

civil penalty of up to $5,000 for each day during which

such failure or refusal occurs.li

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BEATRICE FOODS, INC. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

By:_l -~ M~Allen Vice President and Assistant General Counsel

Date: 9/3tJ/f,fo~,

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APPENDIX A

1. Purpose

I The purpose of this investigation is to determine I whether there are any hazardous substances on or in the

II soils of the undeveloped parcel of property located

immediately to the northeast of the John J. Riley Co.

Tannery, and whether, if so, they are migrating or have

migrated into the groundwater and are responsible for

the contamination known to exist in production wells on

the property.

2. Time Frame

The work will be performed and a Final Report available

by January 31, 1984.

3. Initial Investigation

On July 13, 1983 representatives of Woodward-Clyde

Consultants visited the site and conducted a geophysical

reconnaissance of the property using terrain conductivity.

The visit included discussions with John J. Riley Co.

personnel, review of installation records of test wells

installed near the operating production well, review of

'I some scattered chemical data on groundwater availability, . and a terrain conductivity survey over part of the

area. The survey utilized a Geonics EM-31 meter to

remotely measure the conductivity of ub urf ce mater al •

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Differences in conductivity of subsurface materials can

reflect differences in stratigraphy or in the conductivity

I· of groundwater. A post-hole auger was used to bore to

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the water table at about 5 feet and

appearance and odor.

to check the soil for

4. Initial Observations

The site occupies about 18 acres of the flood plain

by the Aberjona River in Woburn, MA. It is bounded on

the west by the Boston-Maine Railroad right-of-way, on

the east by the Aberjona River, on the south by three

contiguous properties on which oil is stored, 55 gallon

chemical drums are reclaimed and automobiles are

salvaged, and to the north by unoccupied land of the

Aberjona River and its wetland. Figure 1 depicts the

southern part of the John J. Riley property and shows

the location of the production well near the southern

border of the property where organic contaminants have

been detected in the well.

During the reconnaissance visit of July 13, 1983,

several observations were made and information was obtained

which influences the scope of this proposal. These include:

o The production well is a 48 inch diameter well in which a 24 inch diameter stainless steel screen was set with a gravel pack from 36 to 51 feet below ground surface in a sand and gravel aquifer.

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0 The well screen was set in a highly transmissive quifer that had a tested specific capacity of about

50 gallons per minute per foot of drawdown, which means that the transmissivity of the aquifer is in the order of 100,000 gallons per day per foot.

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0 The water table was observed to be about five feet below ground surface 200 feet from the well on July 13th at four locations. It was reportedthat the low elevation·parts of the site flood during the spring, which suggests that the waterI. table rises close to the ground surface duringthe wetter parts of the years, or when the pumpis shut down.

0 Dumping of building materials and drums has occurred in the past on the John J. Riley property in areas that were mostly adjacent to the road that runs northward through the property. No information on when dumping occurred was obtained.

0 Properties ~o the south of the John J. Riley propertyinclude an auto salvage yard, a 55 gallon drum reclaimer, and an area where oil was stored in above-ground tanks that have no provision for spillcontrol.

0 During the reconnaissance survey an anomalous area with low conductivity values was identified about two hundred feet northwest of the Riley productionwell. This anomaly could be due to several factors including a bedrock high, a specially high and thick gravel bed, or the loading of groundwater by organiccontaminants.)

5. Task I - Review of Existing Information

Woodward-Clyde Consultants will review the existing

information that pertains to the John J. Riley property.

This data will include published and open file data of

the u.s. Geological Survey, the Massachusetts Department

of Environmental Quality Engineering, reports and file

data of the USEPA, and other data related to the

contamination of groundwater in the area. The known

reports are listed and attached hereto as Appendix B.

Aerial photographs of the area will be obtained to

I develop, if possible, a historical use of the property.I · :,

Data from these sources together with the data of the

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field work proposed in subsequent described tasks will

provide the basis for the development of a final assessment

report.

6. Task II - Subsurface Soils Investigation

During the reconnaissance of July 13, 1983, several

areas were identified where materials have been placed

in the past. At one of these locations empty 55 gallon

drums still are present. Woodward-Clyde Consultants

will conduct a suhsurface soils investigation in the

vicinity of these areas.

At approximately 12 locations in close proximity to

these areas, or if feasible within the areas themselves,

soil borings will be made to a depth of five feet below

the water table. We estimate the total depth of borings) to be approximately 10 feet. Samples of soil will be

collected continuously utilizing a California split

spoon sampler with brass liners. The soils will be

examined visually and logged by a wee geologist. Each

Jam~le will be te&ted for organic vapors utiliLing n

Century model IV organic vapor analyzer. For those

samples in which the head space exceeds 10 ppm organic

vapors, the analyzer will be used in the gas chromatograph .. i mode to identify the chlorinated hydrocarbons of interest.

At each bore hole location where chlorinated hydrocarbons

are identified, the sample that contains the highestI 1: estimated concentration of chlorinated hydrocarbons

will be sent to the analysis laboratory for confirmation. ,.

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7. Task III -Groundwater Investigation

It has been determined that the John J. Riley well

produces water that is contaminated with some chlorinated

'I hydrocarbons. It is not known whether these chlorinated hydrocarbons in the water represent background

concentrations of the area of the Aberjona River or

whether there is a point source for these hydrocarbons

proximal to the well. The purpose of the groundwater

investigation is to~stimate background concentrations - . ~ J.n .the aguifer that_E;oduces \"later and to determint:- .. ... -· ..... ._.,... _ ~ .......... ~nether a point source exists that is the source of

contamination for the John~~ Riley wel~~ an~to estimate . . --- - ··-· --- ---.. - . , -...~ "' ---...- ~9.l!_i_fer_.£~~ffici!_nts_!or_ ~he _a_Eea of the John J Riley

well. To accomplish these goals wee will install)

monitoring wells, collect and analyze groundwater samples,

and perform an aquifer test.

Woodward-Clyde will install five monitoring wells

utilizing hollow stem augers at the locations shown in

Figure 1. The cons traction of a typical mc·ni t:.>:dn ~!

well is hown in Figure 2. The screens will be set at

about the same depth as the production well. The

location wells shown in Figure 1 are approximate, but

are intended to serve specific purposes as followss.I Monitoring Well 1 - The well is intended to characterize

I background groundwater quality.I 1

. I Monitoring Well 2 - The well is located between the

production well and the Aberjona River and intended to

characterize water quality to the east of the well •

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Monitoring Well 3 - The well is located between the

barrel refinisher to the south and the John J. Riley

production well. It is intended to characterize

the water quality in the area of the barrel refinisher.

I Monitoring Well 4 - The well is located between the John J. Riley production well and the abandoned production

well located to the southwest of the right-of-way shown

on Figure 1. It is intended to characterize water

quality west of the production well.

Monitoring Well 5 - The well is located in the terrain

conductivity anomaly identified in the reconnaissance survey.

During the drilling of the wells soil samples will

be taken utilizing a California split spoon sampler,

utilizing four inch long brass liners to obtain soil

samples. As samples are collected, field personnel will

log the soil and will conduct a headspace analysis of

the soil from each depth interval utilizing a Century IV

organic vapor analyzer. Soil samples in which more

than 10 ppm of organic v.:apors are detectt!c \:ill !:·e

tested utilizing the analyzer in the gas chromatograph

mode.

Samples will be collected at a standard five foot

interval beginning at a depth of five feet below ground

surface. In the event that organic compounds are

detected, sampling of soil will be continuous, as will' I field testing for organic compounds. Samples from each

sampling interval will be retained on ice for possible

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analysis. At the completion of each well, one to two

representative samples will be selected for chemical ! ' ,. analysis.

Woodward-Clyde Consultants proposes to install wells

at approximately the same depth as the production well.

In the event that the soil analyses disclose the

potential for groundwater contamination at sha~lower

depths, an optional well may be installed at one or

more of the five monitoring well locations with screEnE

· set at the depth indentified by the organic vapor analyzer.

In addition, field judgment will be exercised to determine

whether to install additional shallow groundwater

monitoring wells based upon the results of the OVA soil

sample screening and analysis undertaken pursuant .to

the subsurface soils investigation (Task II).

ht the completion of well installation, elevation of

the riser pipes of the wells will be surveyed and the

wells will be develoned.

Water Quality Samples

Samples of groundwater from the monitoring wells

will be sampled on two occasions approximately one

month apart. Prior to sampling, holes will be purged

with a minimum of three volumes of water contained in

the well. Samples will be collected utilizing a teflon

•' bailer which will be precleaned utilizing pesticide

grade acetone or alcohol. One bailer of well water

will be discarded prior to collection of a sample.

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Samples will be collected in standard septum vials,

labeled, stored on ice, and delivered to the analysis

laboratory. A chain of custody will be maintained.

Each sample will be analyzed for those compounds

set forth in and pursuant to EPA Method 601. Samples

will be analyzed by an EPA approved laboratory in

accordance with that laboratory's Quality Assurance

and Quality Control Procedures attached hereto as

Appendix c.

Aquifer Test

To estimate aquifer characteristics in the Aberjona

River area, wee will perform an aquifer test utilizing

the John J. Riley production well as a pumping well and

the four monitoring wells installed nearby the production

well as observation wells. The tests probably will

consist of a recovery test followed by a drawdown test.

After five days of continuous pumping at an average

rate of about 300 gallons per minute, the well will be

shut down for a period of about 48 hours. At the

completion of the recovery test, pumping will be resumed

and the drawdown obse~ved for abut 48 hours. Data of

the recovery and the drawdown test will be used to

estimate transmissivity and storage coefficients for

the aquifer in the vicinity of the well. These data

will be used to estimate the cone of influence of the

pumping well.

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8. Task 5 - Final Report

Woodward-Clyde Consultants will prepare a Final

Report of contamination at the J. J. Riley site. The

report will include a summary of existing information

and the results of field investigations. The report

will include logs of borings, monitoring well instal

lation reports, and results of field screening, chemical

analyses and the aquifer test.

9. Quality and Safety Control

Woodward-Clyde Consultants will utilize documented

procedures to asure a high degree of quality control

for field procedures. A copy of sample procedures is

attached as Appendix D. In addition, all reports are -subject to an internal peer review process that provides

a significant degree of quality assurance.

This proposal assumes that no special safety

precautions will be required during the soils boring

pr-ogr-1:n or installation of m1)11itoring \-

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WELLS G AND H

ADMINISTRATIVE RECORD

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Depth to top of acreen Trpe of acreened aectlon __

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I.D. of ecreened aectlon _.2._"__

Depth to bottom of wen

Depth of bore'hole

TYPICAL MONITOlllNG WELL

32'

34'

15'

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45'

'IIIOJICT NO: 82C2467 DATI : 18 Jul 1 8 "0UIIII NO: 2

"WOODWARD·CLYDE CONSULTANTS

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TYPICAL MONITORING WELL

'"CJICT NO: 82C2467

'WOODWARD·CLYD£ CONSULTANTS

barcode: *564150*barcodetext: SDMS Doc ID 564150