BEFORE THB UNITED STATES ENVIRONMENTAL PROTECTION AGENCYRegion III

841 Chestnut BuildingPhiladelphia, Pennsylvania 19107

in Re: ))

COMMODORE SEMICONDUCTOR )GROUP SITE ) Docket No. III-90-88-09-DC

)VALLEY FORGE RECREATIONS, INC. )

))

Respondent )))

Proceeding under Section 104 (e) of )the Comprehensive Environmental ) "-Response, Compensation and )Liability Act of 1980, 42 U.S.C. )§ 9604 (e), as amended by the )Superfund Amendments and )Reauthorization Act of 1986, )Pub. L. 99-499, 100 Stat. 1613 )(1986). )

ADMINISTRATIVE ORDER DIRECTING COMPLIANCEWITH REQUEST FOR ACCESS

I. JURISDICTION

This Administrative Order (Order) is issued pursuant to the

authority vested in the President of the United States by Section

104 (e) (5) of the Comprehensive Environmental Response,

Compensation and Liability Act of 1980, 42 U.S.C. Section

9604 (e) (5), as amended by the Superfund Amendments and

Reauthorization Act of 1986, Pub. L. No. 99-499, 100 Stat. 1613

(CERCLA) , delegated to the Administrator of the United States

Environmental Protection Agency (EPA) by Executive Order No.AR20I 130

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12580, 52 Fed..Reg. 2923 (1987), and further delegated to the

Regional Administrators of EPA.

This Order is issued to Valley Forge Recreations, Inc.,

owner of the property adjacent to the Commodore Semiconductor

Group (CSG) Site located at 2750 Egypt Road, Norristown,

Pennsylvania 19405 (hereinafter the "adjacent property" or

"property").

II. STATEMENT OF PURPOSE f-*.

The purpose of this Order is to require Respondent to

provide EPA and its authorized representatives entry and access'

to the adjacent property for the purpose of installing a cluster

of three groundwater monitoring wells on the adjacent property to

determine the extent of contamination and to monitor groundwater

conditions in the vicinity of the CSG Site.

III. FINDINGS OF FACT «_* . *Ss"

1. Valley Forge Recreations, Inc., owns property adjacent

to the CSG Site. The adjacent property consists of approximately

100 acres located on 2750 Egypt Road, Norristown, Montgomery

County, Pennsylvania, along the Northwestern border of the CSG

Site and is leased to the General Washington Country Club. The

General Washington Country Club operates a golf course on the

property.

2. Test results indicate that soils and groundwater both on

and in the vicinity of the Site have been contaminated with

tricholoroethene (TCE), 1,1-dichloroethene, trans-1,2-

dichloroethane and 1,1,2,2-tetrachloroethane. The CSG SitA'Msl' ' ' o I

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been identified as a possible source of TCE, a hazardous

substance under CERCLA Section 102(a), 42 U.S.C. § 9602(a). See

40 C.F.R. Section 302.4, Table 302.4.

3. CSG is the owner/operator of the Site and manufactures

silicon wafers into semiconductor chips. TCE was used in the

semiconductor cleaning process from 1970 until 1979. The TCE

used in the process generated a TCE waste. The CSG Site was

placed on the National Priorities List for Uncontrolled Hazardous

Waste Sites, February 21, 1990.

4. EPA and Commodore Business Machines, Inc. (CBM), the-

parent company of CSG, entered into a Consent Order in July 1988

(Docket No. III-88-09-DC), requiring CBM to conduct a Remedial

Investigation/Feasibility Study (RI/FS) at the CSG Site. The

purposes of the RI/FS are to determine fully the nature and

extent of any release of hazardous substances, pollutants or

contaminants at or from the CSG Site and to determine and

evaluate remedial alternatives to prevent, mitigate or respond to

such releases. The RI/FS Work Plan and field operations have

been approved by EPA and the RI/FS field work has begun.

5. To define the extent of groundwater contamination at and

from the CSG Site, as required by the EPA-approved RI/FS Work

Plan, CBM requires access to the adjacent property to install

three ground water monitoring wells. All three wells would be

less than ten feet apart and the only surface evidence would be a

flat plate and concrete ring at ground level. See map appended

hereto as Attachment 1. [Because the adj acent property^ ifi ?wP̂ b

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by Valley Forge Recreations, Inc., access to the General

Washington Country Club is necessary to conduct the RI/FS at the

CSG Site. The placement of the wells on property owned by

Respondent is expected to require activity on the property until

December, 1991.]

6. On or about February 23, 1990 Roy F. Weston (Weston),

the contractor hired by CBM to conduct the RI/FS investigation of

the CSG Site, obtained oral permission from the General

Washington Country Club to install six groundwater monitoring

wells on the property. As Weston was drilling the first well, -

Mr. Donald J. Neilson, Respondent's Chief Executive Officer, came

forward and identified himself as the property owner. At that

time, he granted permission, verbally, for Weston to continue

installation of the wells and requested that he be sent a letter

regarding Weston's activity on the property. See four letters

from Weston to Mr. Neilson appended hereto as Attachment 2.

7. On or about March 2, 1990, after having allowed Weston

access to the golf course for approximately one week, Mr. Neilson

denied further access.

8. Susan Hodges, an attorney with EPA, Region Ill's Office

of Regional Counsel, spoke with Mr. Neilson by telephone on

April 30, 1990, at which time he advised Ms. Hodges of

Respondent's decision not to allow anyone access to the property

without compensation.

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IV. CONCLUSIONS OF LAW/DETERMINATIONS

1. The substances referred to in paragraph 2 of the

Findings of Fact herein are "hazardous substances" under CERCLA

Section 102(a), 42 U.S.C. § 9602(a), 40 C.F.R. Section 302.4,

Table 302.4.

2. The CSG Site is a "facility" as defined under CERCLA

Section 101(9) and a "facility, establishment or other place or

property" as described in Section 104(e)(3)(A), (B), (C) and (D)

of CERCLA, 42 U.S.C. Section 9604(e)(3)(A), (B), (C) and (D).

3. The adjacent property is an "establishment, or other "

place or property" as described in Section 104(e)(3)(B), (C) and

(D) of CERCLA, 42 U.S.C. Section 9604(e)(3)(B), (C) and (D).

4. The adjacent property is an "establishment, place,

property or location" within the meaning of Section 104(e)(l) of

CERCLA, 42 U.S.C. Section 9604(e)(l), which is adjacent to the

CSG Site.

5. Respondent is a "person" as defined in Section 101(21)

of CERCLA, 42 U.S.C. Section 9601(21) and the owner of the

adjacent property.

6. Access to the adjacent property is needed for the

purpose of determining the need for response action at the CSG

Site and the adjacent property, as authorized by Section

104(e)(l) of CERCLA, 42 U.S.C. Section 9604(e)(l), and to take

samples from the adjacent property, as authorized by Section

104(e)(4)(A) of CERCLA, 42 U.S.C. Section 9604(e)(4)(A).AR20I

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7. There, is a reasonable basis to believe that there may be

a release or threat of release of a hazardous substance or

pollutant or contaminant at, to or from the CSG Site, including a

release or threat of release to the adjacent property, within the

meaning of Section 104(e)(l) of CERCLA, 42 U.S.C. Section

9604(e)(1).

8. Access to the adjacent property is being required

pursuant to this Order for officer(s), employee(s) or

representative(s) of the President, duly designated by the

President as required by Section 104 (e) (1) (A) , (3) and (4) (A) "of

CERCLA, 42 U.S.C. Section 9604(e)(1)(A), (3) and (4)(A).

9. Access to the adjacent property is necessary to

determine the need for response action at the CSG Site.

10. Mr. Neilson, acting on behalf of Respondent, has denied

CBM and EPA access to the property as described in paragraphs 7

and 8 of the Findings of Fact.

11. The actions required of Respondent by this Order are

necessary to protect public health, welfare and the environment.

V. ORDER

Respondent shall provide EPA and its duly designated

officers, employees and representatives access to the adjacent

property at all reasonable times for the purpose of conducting

response actions in connection with the CSG Site as follows:

a. Completing installation of three groundwater monitoring

wells which will be located in a single cluster, no more than

three feet apart from each other; AH^U I I

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b. Taking samples from those wells periodically until the

RI/FS for the CSG Site has been completed;

c. Taking such other related actions as may be necessary to

perform the response actions described in (a) and (b) above; and

d. Overseeing performance of the activities described in

(a) through (c), above.

Respondent and any other persons who have notice of this

Order shall not interfere in any way with the response actions to

be conducted at the adjacent property or with the access required

to be provided pursuant to this Order. Any such interference "

shall constitute a violation of this Order.

VI. CONVEYANCE CLAUSE

In the event of any conveyance by Respondent or Respondent's

agents, heirs or successors and assigns of an interest in any

property which includes an access area, Respondent shall convey

the interest so as to ensure continued access for EPA or its

representatives for the purpose of carrying out activities

pursuant to this Order. Any such conveyance shall restrict the

use of such property so that the use will not interfere with

activities taken pursuant to this Order. Respondent shall notify

EPA in writing at least 30 days before any conveyance of an

interest in property where an access area is located and shall

notify other parties involved in the conveyance prior to the

transfer of the property of this Order.

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VII. OPPORTUNITY TO CONFER AND EFFECTIVE DATE OFADMINISTRATIVE ORDER

The date of issuance of this Administrative Order shall be

the date it is signed by the Regional Administrator.

Upon the request of Respondent, EPA will confer with

Respondent to discuss this Order. Any such request must be

received by EPA no later than three (3) business days after

Respondent's receipt of this Order. Any such conference shall

take place no later than five (5) business days after EPA's

receipt of Respondent's request unless EPA, in its discretion,'

allows a longer period for holding such a conference. The

Administrative Record supporting this Order shall be available at

the time of any such conference and will be available for review

Mondays through Fridays, from 9:00 a.m. to 5:00 p.m., by

contacting the EPA Project Manager, Ruth Rzepski at:

U.S. Environmental Protection Agency841 Chestnut BuildingPhiladelphia, Pennsylvania 19107(215) 597-3216

At any such conference, Respondent may appear on his own

behalf or by an attorney or other representative. Respondent

should contact Susan T. Hodges, of EPA's Office of Regional

Counsel, at (215) 597-1715 to arrange such a conference.

This Order shall become final on the fourth business day

following Respondent's receipt of this Order if no request for a

conference is received by EPA within the time period described

above. If EPA receives a request for a conference within the

time period described above, this Order shall become final on the

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third business- day following the conclusion of such conference

or, if no conference is held, on the third business day after the

last day allowable under this Order for holding such a

conference.

VIII. RESERVATION OF RIGHTS

Except as expressly provided in this Order, EPA reserves all

rights and defenses it may have and nothing herein shall prevent

EPA from seeking legal or equitable relief to enforce the terms

of this Order, including the right to seek an injunction, and to

impose statutory penalties. Nothing herein shall restrict or -

limit whatever access or information-gathering authorities EPA

may have under any law, or any other rights, claims or causes of

action EPA or tha United States may have under any law.

IX. OTHER CLAIMS

Nothing in this Order shall constitute or be construed as a

release from any claim, cause of action or demand in law or

equity against any person, firm, partnership or corporation for

any liability it may have arising out of or relating in any way

to the generation storage, treatment, handling, transportation,

release or disposal of any hazardous substances, hazardous

wastes, pollutants or contaminants found at, taken to, or taken

from the Site.

X. OTHER APPLICABLE LAWS

All actions required to be taken pursuant to this Order

shall be undertaken in accordance with the requirements of all

applicable local, state and federal laws and regulations.

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XI. -LIABILITY OF THE UNITED STATES GOVERNMENT

Neither the United States Government nor any agency thereof

shall be liable for any injuries or damages to persons or

property resulting from acts or omissions of Respondents, or of

its employees, agents, servants, receivers, successors, or

assigns, or of any persons, including but not limited to firms,

corporations, subsidiaries, contractors, or consultants, in

carrying out activities pursuant to this Order, nor shall the

United States Government or any agency thereof be held as a party

to a contract entered into by Respondent in carrying out

activities pursuant to this Order.

XII. PENALTIES FOR NONCOMPLIANCB A

Respondent is hereby advised that, pursuant to Section

I04(e)(5) of CERCLA, 42 U.S.C. Section 9604(e)(5), a court may

assess civil penalties of up to $25,000 per day for each day that

the Respondent unreasonably fails to comply with this

Administrative Order or any part thereof.

U.S. ENVIRONMENTAL PROTECTION AGENCY

OCT311990DATE EDWIN B. ERICKSON

Regional AdministratorU.S. Environmental Protection AgencyRegion III841 Chestnut Building

I hereby certify that the Philadelphia, PA 19107within is a true and correct copyof the or-sinal___________filed in thlzj natter.

_____________ AR20II39Attorney for

Iigig

ATTACHMENT 1

ii

Former LeakingUnderground Storage TanklocationPublic Supply Wei

O Monitor Wei

Abandoned Wen• Clutter (Deep. Shallow•• and Overburden)da\ Shallow Bedrock

AR20I 11*0

FIGURi 1-2* POSSIBLE LOCATIONS FOR MONITORINQ WELLS AT CSQ SIT1

ATTACHMENT 2WESTON WAYWEST CHESTER PA 19380PHONE 215-892-3030

_ TELEX: 83-5348BOQWWOWITANTS

26 February 1990

Donald J. NeilsonDonald J. Neilson Real Estate2620 Egypt Rd.Norristown, PA 19403 W.O. No. 2855-03-01-0002Dear Mr. Neilson:

Roy F. Weston, Inc. is the consultant for CommodoreSemiconductor Group on a project directed by the U.S.Environmental Protection Agency (U.S. EPA). As you now know,part of the investigative work includes the installation ofgroundwater monitor wells, and one of the locations is thecurrent drilling site on the General Washington Golf Course.At this site, B.L. Myers, as our drilling subcontractor, willbe installing a cluster of three wells at different depths.The wells will be completed with flush mounts that will notinterfere with ground grooming activities. The drilling rigand other testing equipment should be off location by mid-March .

I've enclosed a copy of the original letter to Wayne Amickrequesting site access, and a copy of a follow-up phoneconversation record with his comments.

Also included are the historical results of the groundwateranalyses on samples collected from the three deep irrigationwells on the golf course. If you wish to know future resultsfrom these wells and the wells now being installed, you maycontact Rich Ng at Commodore, at 666-2855. Our next samplinground is scheduled for April or May.

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