p.o. box e · betty brite cleaners 1564 main street peckville, pa 18452 3. dudley c. phillips...

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LACKAWANNA REFUSE SITE "SECOND ROUND" NOTICE LETTER RECIPIENTS (MAY 16, 1986) 1. John A. Farmer, President Berkley Products Company P.O. Box E Akron, PA 17501 V 2. Gene vi eve Haarmeyer Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza P. 0. Box 1776 Greenwich, CT 06836-1776 4. Gil Durkee, President Rola Company 1 Meter Street Punxsutawney, PA 15767 cc: Richard F. Ricci Lowenstein, Sandier, Brochin 65 Livings ton Avenue Roseland, NJ 07068 5. ^ Richard J. Pearson, President Avery International 150 N. Orange Boulevard Pasadena, CA 91103 cc: Edwin C. Summers, Assistant General Counsel (same address as above) 6. Nicholas Kaiser, President Airco Inc., Airco- Speeder Carbon - Graphite Division Box 387, Theresia Street St. Mary's, PA 15857 cc: Raymond Miller, Pollution Control Engineer (same address as above) (go to next page) ft ft £ Q Q j

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Page 1: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

LACKAWANNA REFUSE SITE"SECOND ROUND" NOTICE LETTER RECIPIENTS (MAY 16, 1986)

1. John A. Farmer, PresidentBerkley Products CompanyP.O. Box EAkron, PA 17501

V

2. Gene vi eve HaarmeyerBetty Brite Cleaners1564 Main StreetPeckville, PA 18452

3. Dudley C. PhillipsSenior Vice President &General CounselBangor Punta CorporationOne Greenwich PlazaP. 0. Box 1776Greenwich, CT 06836-1776

4. Gil Durkee, PresidentRola Company1 Meter StreetPunxsutawney, PA 15767

cc: Richard F. RicciLowenstein, Sandier, Brochin65 Livings ton AvenueRoseland, NJ 07068

5. ^ Richard J. Pearson, PresidentAvery International150 N. Orange BoulevardPasadena, CA 91103

cc: Edwin C. Summers,Assistant General Counsel(same address as above)

6. Nicholas Kaiser, PresidentAirco Inc., Airco- SpeederCarbon - Graphite DivisionBox 387, Theresia StreetSt. Mary's, PA 15857

cc: Raymond Miller,Pollution Control Engineer(same address as above)

(go to next page) ft ft £ Q Q j

Page 2: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

17- Dexter Baker, Presidenti Air Products & Chemicals, Inc.

Polymer Chemicals DivisionP. 0. Box 538Allentown, PA 18105

cc: David Keehn, Attorney(same address as aboV/e)

8. Nicholas Pelick, PresidentSupelco, Inc.Supelco ParkBeliefonte, PA 16823

cc: Lloyd A. Witting, Ph.D.Regulatory Compliance Specialist(same address as above)

9. H. Mclnnes, PresidentAMP IncorporatedEisenhower Boulevard, P. 0. Box 3608Harrisburg, PA 17105

cc: Dale E. KortzeEnvironmental Control(same address as-above)

10. Jerome W. HcCrea, PresidentCentre Engineering2820 East College AvenueState College, PA 16801

11. Gerald Mitchell, PresidentDana CorporationP. 0. Box 1000Toledo, Ohio 43697

cc: Clement A. Revetti, Legal Counsel(same address as above)

12. Edward E. SheaVice President* & General CounselGAP Corporation1361 Alps RoadWayne, NJ 07470

cc: Leonard P. PasculliAssociate Counsel ,,(same address as above)

Page 3: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

3. Jerry Perlman, PresidentZenith Electronics Corporation1000 Milwaukee Avenue,Glenview, Illinois 60025-2493

cc: John Van-Zeyl,Senior Attorney - Litigation(saae address as aboVe)

14. C. Fred Fetteroff, PresidentAluminun Company of America1501 Alcoa BuildingPittsburgh, PA 15219

cc: Roy Carwile, ManagerSolid & Hazardous Waste(same address as above)

15. Colonel Gifford D. WilsonLetterkenny Army DepotSDSLE - CChambersburg, PA 17201-4150

cc: Glenn Traigo(same address as above)

16. John Luke, PresidentWestvaco CorporationWestvaco Building299 Park AvenueNew York, NY 10171

cc: 0. B. Burns, Jr.Vice President & DirectorCorporate Environmental Activities(sane address as above)

17. Irving Cohen, PresidentConstruction Fasteners, Inc.P.O. Box 6326Spring St. & Van Reed Rd.Wyoaissing, PA 19610

cc: Eric D. MurrayOperations Manager(Same address)

A R 2 0 0 I I I *

Page 4: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

° **% UNITED STATES ENVIRONMENTAL PROTECTION AGENCYREGION III

841 Chestnut BuildingPhiladelphia, Pennsylvania 19107

CERTIFIED MAILRETURN RECEIPT

H. Mclnnes, PresidentAMP IncorporatedEisenhower Blvd., P.O. Box 3608Harrisburg, PA 17105

Re: Old Forge Landfill*Lackawanna County,'PA

Dear Mr. Mclnnes:

The united States Environmental Protection Agency (EPA) is consideringspending public funds to take corrective action for the control of releasesand threat of releases of hazardous substances at the above referenced site.Unless EPA determines that a responsible party will properly perform suchactions, EPA intends to do so pursuant to Section 104 and other provisionsof the Comprehensive Environmental Response, Compensation, and LiabilityAct of 1980 (CERCLA), 42 U.S.C. § 9601 et seg .

Under Sections 106(a) and 107(a) of CERCLA and other laws, responsibleparties may be obligated to implement any needed relief actions determinedby EPA and may also be liable for all costs incurred by the government inresponding to any release or threatened release at the site. Such costs caninclude, but are not limited to, expenditures for investigation, planning,cleanup of the site and enforcement. By this letter, EPA notifies you ofyour potential liability with regard to this matter and encourages you tovoluntarily undertake cleanup activities, which will be overseen by EPA.

Responsible parties under CERCLA include current owners and operators,past owners and operators at the time of disposal, and persons who generatedthe .hazardous substances or were involved in the transport, treatment, ordisposal of them. Based on information obtained by EPA, we have reason tobelieve that your company is a responsible party.

*Also known as Northeast Landfill, lacavazzi Landfill, Lackawanna Landfilland Scranton Yard.

AR200I15

Page 5: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

EPA has reason to believe that your company did, by contract, agreement,or otherwise, arrange for transport for disposal, treatment, or storage ofhazardous substances at the Old Forge Landfill during portions of theperiod from September 1, 1978 to December 27, 1978.* Following is the basisof EPA's determination:

1. An analysis of records received from your company and/or Simon WreckingCompany indicates that your company was a customer of Simon Wrecking sometimeduring the period from January 1, 1978 to December 27, 1978 for the transportof wastes containing hazardous substances. The Information contained in thethe enclosed report, Preliminary Summary of Simon Wrecking Company's Transactionswith the Old Forge Landfill, along with the testimony referred to in (2) below,indicate that these wastes were most likely hauled to and disposed of at theOld Forge Landfill.

2. Testimony presented'at the hearings before the Commonwealth of Pennsyl-vania's Environmental Hearing Board (EHB) in Wilkes-Barre, PA (March 27, 1979),and before District Magistrate James McHale in Clarks Summit, PA (August 22,1980) revealed that Simon Wrecking Company's locations in Williamsport andTemple, PA were pick-up sites for the transportation to and disposal of chemicalwastes at the Old Forge Landfill during the period from September 1, 1978 toDecember 27, 1978.

EPA has determined that there has been a release of hazardous substances(as defined by Section 101(14) of CERCLA and listed in 40 C.F.R. Part 302)from the above referenced facility. Sampling analyses of barrels containingliquids, sludges, and solids removed from the landfill have revealed significantconcentrations of organic and metal pollutants (i.e. hazardous substances).In addition, surface water, ground water, and soil samples from on site locationsreveal that these hazardous substances are contaminating the immediate landfillvicinity. There is a genuine concern that contaminants will migrate off siteand pose an additional threat to human health and the environment. The Agencywill, upon request, discuss this information with you and will provide additionalinformation on the nature and extent of the threatened release.

On March 22, 1985 the Acting Regional Administrator signed the Record ofDecision (ROD) which sets forth the selected remedial activities for the cleanupof the site. EPA is nearing the completion of the design of the remedialactivities at the site and is planning to conduct the implementation of theseactivities during the Spring of 1987. A copy of the ROD is also enclosed.

In addition to the above action, you nay be asked at a later date toundertake, or nay be liable for, any additional corrective measures necessaryto protect public health, welfare, or the environment. Such measures mayinclude, but are not limited to, providing any monitoring and maintenancenecessary after remedial measures are completed.

* Additionally, hazardous wastes stored at Simon Wrecking facilities fromlate 1977 to September 1978 may have been hauled to and disposed at thethe Old Forge Landfill during the period from September to December 1978.

Page 6: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

EPA will consider an immediate offer from you to conduct or participatein the remedial plan. You should notify EPA, in writing, within 15 calendardays from the receipt of this letter, of your willingness to conduct orparticipate in the implementation of the remedial plan. Otherwise, EPAwill assume that you decline any involvement in this activity and willproceed with the preparation of the design of the remedial project. TheNortheast Landfill Steering Committee has been established to representall potentially responsible parties in communicating and negotiating withthe Agency.

You should immediately indicate to the Agency the appropriate name,address, and telephone number for further contact with you. If you arealready involved in discussions with state or local authorities, engagedin voluntary action, or involved in a lawsuit regarding this"site, youshould continue such activities as you see fit; you should hot interpretthis letter to advise or direct you to restrict or discontinue any suchactivities. You should report, however, the status of those discussionsor that action in your letter. Please provide a copy of your letter toany parties involved in those discussions.

Your letter should be sent to:

Heather Winett, EsouireOffice of Regional CounselUS Environmental Protection Agency841 Chestnut Building, 8th FloorPhiladelphia, PA 19107

If you need further information, Ms. Winett is the attorney in charge ofthis case, and Jack Kelly is the technical person. Ms. Winett"s telephonenumber is (215) 597-0899? Mr. Kelly's telephone number is (215) 597-3168.

EPA would like to encourage good faith negotiations between you and theAgency and among you and other parties potentially responsible for the contami-nation at the Old Forge Landfill. The names of the other potentially responsibleparties may be revealed to you if you specifically request such information inwriting. The Northeast Landfill Steering Committee's co-chairperson, Alan Ertel,can be contacted at (717)326-2814.

Your response to this letter should include information indicating whetheror not your company is insured for any damages resulting from the release ofhazardous wastes and/or hazardous substances. You should supply us with copiesof all insurance policies both currently in effect, and in effect during 1978and 1979. Your obligation to respond to the request for insurance information

flR.2001 17

Page 7: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

(as authorized by Section 104(e) of CERCIA and Section 3007 of RCPA) shouldbe considered separate and distinct from your reply relatina to participationin cleanup activities at the site. Such response should be submittedwithin 15 calendar days.

The factual and legal discussions contained in this letter are intendedsolely for notification and information purposes. They are not intended to beand can not be relied upon as a final Agency position on any matter set forthherein.

Due to the seriousness of the problem at this site and the attendant legalramifications, the Agency strongly encourages you to submit a written responsewithin the timeframe previously indicated. We hope that you will give thesematters your immediate attention.

Sincerely,

Stephen R. Wassersug,Hazardous Waste Management Division

Enclosures (2)

ccs Donald lazarchik, P.E. DirectorPennsylvania Bureau of Solid Waste Management

Heather Winett, Esquire — EPA Region III

Alan Ertelr EsguirePRP Steering Cttmdttee

Dale E. KortzeEnvironmental Counsel

Page 8: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

UNIT STATES ENVIRONMENTAL PROTECT! JAGENCY: REGION IIIii

841 Chestnut BuildingT% PPO Philadelphia, Pennsylvania 19107

MAY 1 6 1966CERTIFIED MAILRETURN RECEIPT REQUESTED

Nicholas Kaiser, PresidentAirco Inc., Airco SpeederCarbon-Graphite DivisionBox 387, Theresia StreetSt. Mary's, PA 15857

Re: Old Forge Landfill*Lackawanna County, PA

Dear Mr. Kaiser:

The United States Environmental Protection Ajency (EPA) is consideringspending public funds to take corrective action for the control of releasesand threat of releases of hazardous substances at the above referenced site.Unless EPA determines that a responsible party will properly perform suchactions, EPA intends to do so pursuant to Section 104 and other provisionsof the Comprehensive Environmental Response, Compensation, and LiabilityAct of 1980 (CERCLA), 42 U.S.C. S 9601 et seq .

Under Sections 106(a) and 107(a) of CERCLA and other laws, responsibleparties may be obligated to implement any needed relief actions determinedby EPA and may also be liable for all costs incurred by the government inresponding to any release or threatened release at the site. Such costs caninclude, but are not limited to, expenditures for investigation, planning,cleanup of the site and enforcement. By this letter, EPA notifies you ofyour potential liability with regard to this matter and encourages you tovoluntarily undertake cleanup activities, which will be overseen by EPA.

Responsible parties under CERCLA include current owners and operators,past owners and operators at the time of disposal, and persons who generatedthe hazardous substances or were involved in the transport, treatment, ordisposal of them. Based on information obtained by EPA, we have reason tobelieve that your company is a resppnsible party.

*Also known as Northeast Landfill, lacavazzi Landfill, Lackawanna Landfilland Scranton Yard.

Page 9: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

EPA has reason to believe that your company did, by contract, agreement,or otherwise, arrange for transport for disposal, treatment, or storage ofhazardous substances at the Old Forge Landfill during portions of theperiod from Septeaber 1, 1978 to December 27, 1978.* Following is the basisof EPA1s determination:

1. An analysis of records received from your company and/or Simon WreckingCompany indicates that your company was a customer of Simon Wrecking sometimeduring the period from January 1, 1978 to December 27, 1978 for the transportof wastes containing hazardous substances. The information contained in thethe enclosed report, Preliminary Summary of Simon Wrecking Company's Transactionswith the Old Forge Landfill, along with the testimony referred to in (2) below,indicate that these wastes were most likely hauled to and disposed of at theOld Forge Landfill.

2. Testimony presented'at the hearings before the Commonwealth of Pennsyl-vania's Environmental Hearing Board (EHB) in Wilkes-Barre, PA (March 27, 1979),and before District Magistrate James McHale in Clarks Summit, PA (August 22,1980) revealed that Simon Wrecking Company's locations in Williamsport andTemple, PA were pick-up sites for the transportation to and disposal of chemicalwastes at the Old Forge Landfill during the period from September 1, 1978 toDecember 27, 1978.

EPA has determined that there has been a release of hazardous substances(as defined by Section 101(14) of CERCLA and listed in 40 C.F.R. Part 302)from the above referenced facility. Sampling analyses of barrels containingliquids, sludges, and solids removed from the landfill have revealed significantconcentrations of organic and metal pollutants (i.e. hazardous substances).In addition, surface water, ground water, and soil samples from on site locationsreveal that these hazardous substances are contaminating the immediate landfillvicinity. There is a genuine concern that contaminants will migrate off siteand pose an additional threat to human health and the environment. The Agencywill, upon request, discuss this information with you and will provide additionalinformation on the nature and extent of the threatened release.

On March 22, 1985 the Acting Regional Administrator signed the Record ofDecision (ROD) which sets forth the selected remedial activities for the cleanupof the site. EPA is nearing the completion of the design of the remedialactivities at the site and Is planning to conduct the implementation of theseactivities during the Spring of 1987,. A copy of the ROD is also enclosed.

In addition to the above action, you may be asked at a later date toundertake, or oay be liable for, any additional corrective measures necessaryto protect public health, welfare, or the environment. Such measures mayinclude, but are not Halted to, providing any monitoring and maintenancenecessary after remedial measures are completed. ^ _

* Additionally, hazardous wastes stored at Simon Wrecking facilities fromlate 1977 to September 1978 Bay have been hauled to and disposed at thethe Old Forge Landfill daring the period from September to December 1978.

AR200120

Page 10: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

EPA will consider an immediate offer from you to conduct or participatein the remedial plan. You should notify EPA, in writing, within 15 calendardays from the receipt of this letter, of your willingness to conduct orparticipate in the implementation of the remedial plan. Otherwise, EPAwill assume that you decline any involvement in this activity and willproceed with the preparation of the design of the remedial project. TheNortheast Landfill Steering Committee has been established to representall potentially responsible parties in communicating and negotiating withthe Agency. . . . . . . . _

You should immediately indicate to the Agency the appropriate name,address, and telephone number for further contact with you. If you arealready involved in discussions with state or local authorities, engagedin voluntary action, or involved in a lawsuit regarding this site, youshould continue such activities as you see fit; you should not interpretthis letter to advise or direct you to restrict or discontinue any suchactivities. You should-report, however, the status of those discussionsor that action in your letter. Please provide a copy of your letter toany parties involved in those discussions.

Your letter should be sent to:

Heather Winett, EsquireOffice of Regional CounselUS Environmental Protection Agency841 Chestnut Building, 8th FloorPhiladelphia, PA 19i07

If you need further information, Ms. Winett is the attorney in charge ofthis case, and Jack Kelly is the technical person. Ms. Winett's telephonenumber is (215) 597-0899; Mr. Kelly's telephone number is (215) 597-3168.

EPA would like to encourage good faith negotiations between you and theAgency and among you and other parties potentially responsible for the contami-nation at the Old Forge Landfill. The names of the other potentially responsibleparties may be revealed to you if you specifically request such information inwriting. The Northeast Landfill Steering Committee's co-chairperson, Alan Ertel,can be contacted at (717)326-2814.

.. Your response to this letter should include information indicating whetheror not your company is insured for any damages resulting from the release ofhazardous wastes and/or hazardous substances. You should supply us with copiesof all insurance policies both currently in effect, and in effect during 1978and 1979. Your obligation to respond to the request for insurance information

Page 11: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

(as authorized by Section 104(e) of CERCLA and Section 3007 of RCRA) shouldbe considered separate and distinct from your reply relating to participationin cleanup activities at the site. Such response should be submittedwithin 15 calendar days.

The factual and legal discussions contained in this letter are intendedsolely for notification and information purposes. They are not intended to beand can not be relied upon as a final Agency position on any matter set forthherein.

Due to the seriousness of the problem at this site and the attendant legalramifications, the Agency strongly encourages you to submit a written responsewithin the tiaefrarae previously indicated. We hope that you will give thesematters your immediate attention.

Sincerely,

Stephen R. Wassersug, DirectHazardous Waste Management p vision

Enclosures (2)

cc: Donald Lazarchik, P.E. DirectorPennsylvania Bureau of Solid Waste Management

Heather Winett, Esquire - EPA Region III

Alan Ertel, EsquirePEP Steering Committee

Raymond MillerPollution Control Engineer

Page 12: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

UNITED STATES ENVIRONMENTAL PROTECTION AGENCYREGION III

841 Chestnut BuildingPhiladelphia, Pennsylvania 19107

i e weeCERTIFIED MAILRETURN RECEIPT REQUESTED

Dexter Baker, PresidentMr Products & ChemicalsPolymer Chemicals DivisionP.O. Box 538Allentown, PA 18105

Re: Old Forge Landfill*Lackawanna County, PA

Dear Mr. Baker:

The United States Environmental Protection Agency (EPA) is consideringspending public funds to take corrective action for the control of releasesand threat of releases of hazardous substances at the above referenced site.Unless EPA determines that a responsible party will properly perform suchactions, EPA intends to do so pursuant to Section 104 and other provisionsof the Comprehensive Environmental Response, Compensation, and LiabilityAct of 1980 (CERCLA), 42 U.S.C. § 9601 et seq .

Under Sections 106(a) and 107(a) of CERCLA and other laws, responsibleparties may be obligated to implement any needed relief actions determinedby EPA and may also be liable for all costs incurred by the government inresponding to any release or threatened release at the site. Such costs caninclude, but are not limited to, expenditures for investigation, planning,cleanup of the site and enforcement. By this letter, EPA notifies you ofyour potential liability with regard to this matter and encourages you tovoluntarily undertake cleanup activities, which will be overseen by EPA.

Responsible parties under CERCLA include current owners and operators,past owners and operators at the time of disposal, and persons who generatedthe hazardous substances or were involved in the transport, treatment, ordisposal of them. Based on information obtained by EPA, we have reason tobelieve that your company is a responsible party.

*Also known as Northeast Landfill, lacavazzi Landfill, Lackawanna Landfilland Scranton Yard.

^200/23

Page 13: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

EPA has reason to believe that your company did, by contract, agreement,or otherwise, arrange for transport for disposal, treatment, or storage ofhazardous substances at the Old Forge Landfill during portions of theperiod from September 1, 1978 to December 27, 1978.* Following is the basisof EPA's determination:

1. An analysis of.records received from your company and/or Simon WreckingCompany indicates that your company was a customer of Simon Wrecking sometimeduring the period from January 1, 1978 to December 27, 1978 for the transportof wastes containing hazardous substances. The information contained in thethe enclosed report, Preliminary Summary of Simon Wrecking Company's Transactionswith the Old Forge Landfill, along with the testimony referred to in (2) below,indicate that these wastes were most likely hauled to and disposed of at theOld Forge Landfill.

2. Testimony presented at the hearings before the Commonwealth of Pennsyl-vania's Environmental Hearing Board (EHB) in Wilkes-Barre, PA (March 27, 1979),and before District Magistrate James McHale in Clarks Summit, PA (August 22,1980) revealed that Simon Wrecking Company's locations in Williamsport andTemple, PA were pick-up sites for the transportation to and disposal of chemicalwastes at the Old Forge Landfill during the period from September 1, 1978 toDecember 27, 1978.

EPA has determined that there has been a release of hazardous substances(as defined by Section 101(14) of CERCLA and listed in 40 C.F.R. Part 302)from the above referenced facility. Sampling analyses of barrels containingliquids, sludges, and solids removed from the landfill have revealed significantconcentrations of organic and metal pollutants (i.e. hazardous substances).In addition, surface water, ground water, and soil samples from on site locationsreveal that these hazardous substances are contaminating the immediate landfillvicinity. There is a genuine concern that contaminants will migrate off siteand pose an additional threat to human health and the environment. The Agencywill, upon request, discuss this information with you and will provide additionalinformation on the nature and extent of the threatened release.

On March 22, 1985 the Acting Regional Administrator signed the Record ofDecision (ROD) which sets forth the selected remedial activities for the cleanupof the site. EPA is nearing the completion of the design of the remedialactivities at the site and is planning to conduct the implementation of theseactivities during the Spring of 1987. A copy of the ROD is also enclosed.

AIn addition to the above action, you may be asked at a later date.to

undertake, or may be liable for, any additional corrective measures necessaryto protect public health, welfare, or the environment. Such measures mayInclude, but are not limited to, providing any monitoring and maintenancenecessary after remedial measures are completed.

* Additionally, hazardous wastes stored at Simon Wrecking facilities fromlate 1977 to September 1978 may have been hauled to and disposed at thethe Old Forge Landfill daring the period from September to December 1978.

Page 14: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

EPA will consider an immediate offer from you to conduct or participatein the remedial plan. You should notify EPA, in writing, within 15 calendardays from the receipt of this letter, of your willingness to conduct orparticipate in the implementation of the remedial plan. Otherwise, EPAwill assume that you decline any involvement in this activity and willproceed with the preparation of the desian of the remedial project. TheNortheast Landfill Steering Committee has teen established to representall potentially responsible parties in communicatinq and negotiating withthe Agency.

You should immediately indicate to the Agency the appropriate name,address, and telephone number for further contact with you. If you arealready involved in discussions with state or local authorities, engagedin voluntary action, or involved in a lawsuit regarding this site, youshould continue such activities as you see fit; you should not interpretthis letter to advise or direct you to restrict or discontinue any suchactivities. You should report, however, the status of those discussionsor that action in your letter. Please provide a copy of your letter toany parties involved in those discussions.

Your letter should be sent to:

Heather Winett, EsquireOffice of Regional CounselUS Environmental Protection Agency841 Chestnut Building, 8th FloorPhiladelphia, PA 19107

If you need further information, Ms. Winett is the attorney in charge ofthis case, and Jack Kelly is the technical person. Ms. Winett's telephonenumber is (215) 597-0899; Mr. Kelly's telephone number is (215) 597-3168.

EPA would like to encourage good faith negotiations between you and theAgency and among_you and other parties potentially responsible for the contami-nation at the old Forge Landfill. The names of the other potentially responsibleparties may be revealed to you if you specifically request such information inwriting. The Northeast Landfill Steering Committee's co-chairperson, Alan Ertel,can be contacted at (717)326-2814.

Your response to this letter should include information indicating whetheror not your company is insured for any damages resulting from the release ofhazardous wastes and/or hazardous substances. You should supply us with copiesof all insurance policies both currently in effect, and in effect during 1978and 1979. Your obligation to respond to the reguest for insurance information

AR200i-2.5-

Page 15: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

(as authorized by Section 104(e) of CEPCLA and Section 3007 of RCRA) shouldbe considered separate and distinct from your reply relating to participationin cleanup activities at the site. Such response should be submittedwithin 15 calendar days.

The factual and legal discussions contained in this letter are intendedsolely for notification and information purposes. They are not intended to beand can not be relied upon as a final Agency position on any matter set forthherein.

Due to the seriousness of the problem at this site and the attendant legalramifications, the Agency strongly encourages you to submit a written responsewithin the timeframe previously indicated. We hope that you will give thesematters your immediate attention.

Sincerely,

Stephen R. Wassersug, Directory?Hazardous Waste Management Djsvision

Enclosures (2)

ccs Donald Lazarchik, P.E. DirectorPennsylvania Bureau of Solid Waste Management

Heather Winett, Esguire - EPA Region III

Alan Ertel, EsguirePRP Steering Committee

David Keehn, Attorney

AR200I26"*'

Page 16: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY/ ^^ '\ REGION III\**MS>J 841 Chestnut BuildingN^t^ Philadelphia, Pennsylvania 19107

CERTIFIED MAIL WAY 1 g 1986RETURN RECEIPT REQUESTED

C. Fred Fetterolf, PresidentAluminum Company of America1501 Alcoa BuildingPittsburg, PA 15219

Re: Old Forge Landfill*Lackawanna County, PA

Dear Mr. Fetterolf:

The United States Environmental Protection Agency (EPA) is consideringspending public funds to take corrective action for the control of releasesand threat of releases of hazardous substances at the above referenced site.Unless EPA determines that a. responsible party will properly perform suchactions, EPA intends to do so pursuant to Section 104 and other provisionsof the Comprehensive Environmental Response, Compensation, and LiabilityAct of 1980 (CERCLA), 42 U.S.C. § 9601 et seq .

Under Sections 106(a) and 107(a) of CERCLA and other laws, responsibleparties may be obligated to implement any needed relief actions determinedby EPA and may also be liable for all costs incurred by the government inresponding to any release or threatened release at the site. Such costs caninclude, but are not limited to, expenditures for Investigation, planning,cleanup of the site and enforcement* By this letter, EPA notifies you. ofyour potential liability with regard to this matter and encourages you tovoluntarily undertake cleanup activities, which will be overseen by EPA*

Responsible parties under CERCLA include current owners and operators,past owners and operators at the time of disposal, and persons who generatedthe hazardous substances or were involved in the transport, treatment, ordisposal of them. Based on information obtained by EPA, we have reason tobelieve that your company is a responsible party.

*Also known as Northeast Landfill, lacavazzi Landfill, Lackawanna Landfilland Scranton Yard.

AR2001 27

Page 17: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

EPA has reason to believe that your company did, by contract, agreement,or otherwise, arrange for transport for disposal, treatment, or storage ofhazardous substances at the Old Forge Landfill during portions of theperiod from Septeaber 1, 1978 to December 27, 1978.* Following is the basisof EPA's determination:

1. An analysis of records received from your company and/or Simon WreckingCompany indicates that your company was a customer of Simon Wrecking sometimeduring the period from January 1, 1978 to December 27, 1978 for the transportof wastes containing hazardous substances. The information contained in thethe enclosed report, Preliminary Summary of Simon Wrecking Company's Transactionswith the Old Forge Landfill, along with the testimony referred to in (2) below,indicate that these wastes were most likely hauled to and disposed of at theOld Forge Landfill.

2. Testimony presented at the hearings before the Commonwealth of Pennsyl-vania1* Environmental Hearing Board (EHB) in Wilkes-Barre, PA (March 27, 1979),and before District Magistrate James McHale in Clarks Summit, PA (August 22,1980) revealed that Simon Wrecking Company's locations in Williamsport andTemple, PA were pick-up sites for the transportation to and disposal of chemicalwastes at the Old Forge Landfill during the period from September 1, 1978 toDecember 27, 1978.

EPA has determined that there has been a release of hazardous substances(as defined by Section 101(14) of CERCLA and listed in 40 C.F.R. Part 302)from the above referenced facility. Sampling analyses of barrels containingliquids, sludges, and solids removed from the landfill have revealed significantconcentrations of organic and metal pollutants (i.e. hazardous substances).In addition, surface water, ground water, and soil samples from on site locationsreveal that these hazardous substances are contaminating the immediate landfillvicinity. There is a genuine concern that contaminants will migrate off siteand pose an additional threat to human health and the environment. The Agencywill, upon request, discuss this information with you and will provide additionalinformation on the nature and extent of the threatened release.

On March 22, 1985 the Acting Regional Administrator signed the Record ofDecision (ROD) which sets forth the selected remedial activities for the cleanupof the site. EPA is nearing the completion of the design of the remedialactivities at the site and is planning to conduct the implementation of theseactivities during the Spring of 1987. A copy of the ROD is also enclosed.

4

In addition to the above action, you may be asked at a later date toundertake, or may be liable for, any additional corrective measures necessaryto protect public health, welfare, or the environment. Such measures mayInclude, but are not limited to, providing any monitoring and maintenancenecessary after remedial measures are completed.

* Additionally, hazardous wastes stored at Simon Wrecking facilities fromlate 1977 to September 1978 may have been hauled to and disposed at thethe Old Forge Landfill during the period from September to December 1978.

3R20Q.I.28

Page 18: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

EPA will consider an immediate offer from you to conduct or participatein the remedial plan. You should notify EPA, in writing, within 15 calendardays from the receipt of this letter, of your willingness to conduct orparticipate in the implementation of the remedial plan. Otherwise, EPAwill assume that you decline any involvement in this activity and willproceed with the preparation of the design of the remedial project* TheNortheast Landfill Steering Committee has been established to representall potentially responsible parties in communicating and negotiating withthe Agency.

You should immediately indicate to the Agency the appropriate name,address, and telephone number for further contact with you. If you arealready involved in discussions with state or local authorities, engagedin voluntary action, or involved in a lawsuit regarding this site, youshould continue such activities as you see fit; you should not interpretthis letter to advise or direct you to restrict or discontinue any suchactivities. You should'report, however, the status of those discussionsor that action in your letter. Please provide a copy of your letter toany parties involved in those discussions.

Your letter should be sent to:

Heather Winett, EsquireOffice of Regional CounselUS Environmental Protection Agency841 Chestnut Building, 8th FloorPhiladelphia, PA 19107

If you need further information, Ms. Winett is the attorney in charge ofthis case, and Jack Kelly is the technical person. Ms. Winett's telephonenumber is (215) 597-0899; Mr. Kelly's telephone number is (215) 597-3168.

EPA would like to encourage good faith negotiations between you and theAgency and among you and other parties potentially responsible for the contami-nation at the Old Forge Landfill. The names of the other potentially responsibleparties may be revealed to you if you specifically request such Information inwriting. The Northeast Landfill Steering Committee's co-chairperson, Alan Ertel,can be contacted at (717)326-2814.

-Your response to this letter should include information indicating whetheror not your company is Insured for any damages resulting from the release ofhazardous wastes and/or hazardous substances. You should supply us with copiesof all insurance policies both currently in effect, and in effect during 1978and 1979. Your obligation to respond to the request for insurance information

••'Of

^200129

Page 19: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

(as authorized by Section 104(e) of CERCLA and Section 3007 of RCRA) shouldbe considered separate and distinct from your reply relating to participationin cleanup activities at the site. Such response should be submittedwithin 15 calendar days.

The factual and legal discussions contained in this letter are intendedsolely for notification and information purposes. They are not intended to beand can not be relied upon as a final Agency position on any matter set forthherein.

Due to the seriousness of the problem at this site and the attendant legalramifications, the Agency strongly encourages you to submit a written responsewithin the timefraae previously indicated. We hope that you will give thesematters your immediate attention.

Sincerely,

Stephen R. Wassersug, DirectoHazardous Waste Management Division

Enclosures (2)

cc: Donald Lazarchik, F.E. DirectorPennsylvania Bureau of Solid Waste Management

Heather Winett, Esquire - EPA Region III

Alan Ertel, EsquirePRP Steering Committee

Roy Carwile, ManagerSolid & Hazardous Waste

AB20Q13QV" V:-. :. - -,- . S * . ' '--* r»t-

Page 20: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

UNITED STATES ENVIRONMENTAL PROTECTION AGENCYREGION III

841 Chestnut BuildingPhiladelphia. Pennsylvania 19107

CERTIFIED MAIL 1 6RETURN RECEIPT REQUESTED

Richard J. Pearson, PresidentAvery International150 N. Orange BoulevardPasadena, CA 91103

Re: Old Forge Landfill*Laekawanna County/ PA

Dear Mr. Pearson:

The United States Environmental Protection Agency (EPA) is consideringspending public funds to take corrective action for the control of releasesand threat of releases of hazardous substances at the above referenced site.Unless EPA determines that a responsible party will properly perform suchactions, EPA intends to do so pursuant to Section 104 and other provisionsof the Comprehensive Environmental Response, Compensation, and LiabilityAct of 1980 (CERCIA), 42 U.S.C. S 9601 et sea .

Under Sections 106(a) and 107(a) of CERCIA and other laws, responsibleparties may be obligated to implement any needed relief actions determinedby EPA and may also be liable for all costs incurred by the government inresponding to any release or threatened release at the site. Such costs caninclude, but are not limited to, expenditures for investigation, planning,cleanup of the site and enforcement. By this letter, EPA notifies you ofyour potential liability with regard to this matter and encourages you tovoluntarily undertake cleanup activities, which will be overseen by EPA.

Responsible parties under CERCIA include current owners and operators,past owners and operators at the time of disposal, and persons who generatedthe hazardous substances or were involved in the transport, treatment, ordisposal of them. Based on information obtained by EPA, we have reason tobelieve that your company is a responsible party.

*Also known as Northeast Landfill, lacavazzi Landfill, Laekawanna Landfilland Scranton Yard.

AR200I31

Page 21: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

EPA has reason to believe that your company did, by contract, agreement,or otherwise, arrange for transport for disposal, treatment, or storage ofhazardous substances at the Old Forge Landfill during portions of theperiod from September 1, 1978 to December 27, 1978.* Following is the basisof EPA's determination:

1. An analysis of records received from your company and/or Simon WreckingCompany indicates that your company was a customer of Simon Wrecking sometimeduring the period from January 1, 1978 to December 27, 1978 for the transportof wastes containing hazardous substances. The information contained in thethe enclosed report, Preliminary Summary of Simon Wrecking Company's Transactionswith the Old Forge Landfill, along with the testimony referred to in (2) below,indicate that these wastes were most likely hauled to and disposed of at theOld Forge Landfill.

2. Testimony presented-at the hearings before the Commonwealth of Pennsyl-vania's Environmental Hearing Board (EHB) in Wilkes-Barre, PA (March 27, 1979),and before District Magistrate James McHale in Clarks Summit, PA (August 22,1980) revealed that Siaon Wrecking Company's locations in Willlamsport andTemple, PA were pick-up sites for the transportation to and disposal of chemicalwastes at the Old Forge Landfill during the period from September 1, 1978 toDecember 27, 1978.

EPA has determined that there has been a release of hazardous substances(as defined by Section .101(14) of CERCLA and listed in 40 C.F.R. Part 302)from the above referenced facility. Sampling analyses of barrels containingliquids, sludges, and solids removed from the landfill have revealed significantconcentrations of organic and metal pollutants (i.e. hazardous substances).In addition, surface water, ground water, and soil samples from on site locationsreveal that these hazardous substances are contaminating the immediate landfillvicinity. There is a genuine concern that contaminants will migrate off siteand pose an additional threat to human health and the environment. The Agencywill, upon request, discuss this information with you and will provide additionalinformation on the nature and extent of the threatened release.

On March 22, 1985 the Acting Regional Administrator signed the Record ofDecision (ROD) which sets forth the selected remedial activities for the cleanupof the site. EPA is nearing the completion of the design of the remedialactivities at the site and is planning to conduct the implementation of theseactivities during the Spring of 1987. A copy of the ROD is also enclosed.

A

In addition to the above action, you may be asked at a later date toundertake, or may be liable for, any additional corrective measures necessaryto protect public health, welfare, or the environment. Such measures mayInclude, but are not limited to, providing any monitoring and maintenancenecessary after remedial measures are completed.

* Additionally, hazardous wastes stored at Simon Wrecking facilities fromlate 1977 to September 1978 may have been hauled to and disposed at thethe Old Forge Landfill daring the period from September to December 1978.

1fi200l32

Page 22: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

EPA will consider an immediate offer from you to conduct or participatein the remedial plan. You should notify EPA, in writing, within is calendardays from the receipt of this letter, of your willingness to conduct orparticipate in the implementation of the remedial plan. Otherwise, EPAwill assume that you decline any involvement in this activity and willproceed with the preparation of the design of the remedial project. TheNortheast Landfill Steering Committee has been established to representall potentially responsible parties in communicating and negotiating withthe Agency.

You should immediately indicate to the Agency the appropriate name,address, and telephone number for further contact with you. If you arealready involved in discussions with state or local authorities, engagedin voluntary action, or involved in a lawsuit regarding this site, youshould continue such activities as you see fit; you should not interpretthis letter to advise or direct you to restrict or discontinue any suchactivities. You should report, however, the status of those discussionsor that action in your letter. Please provide a copy of your letter toany parties involved in those discussions.

Your letter should be sent to:

Heather Winett, EsguireOffice of Regional CounselOS Environmental Protection Agency841 Chestnut Building, 8th FloorPhiladelphia, PA 19107

If you need further information, Ms. Winett is the attorney in charge ofthis case, and Jack Kelly is the technical person. Ms. Winett's telephonenumber is (215) 597-0899; Mr. Kelly's telephone number is (215) 597-3168.

EPA would like to encourage good faith negotiations between you and theAgency and among you and other parties potentially responsible for the contami-nation at the old Forge Landfill. The names of the other potentially responsibleparties may be revealed to you if you specifically request such information inwriting. The Northeast Landfill Steering Committee's co-chairperson, Alan Ertel,can be contacted at (717)326-2814.

Your response to this letter should include information indicating whetheror not your company is insured for any damages resulting from the release ofhazardous wastes and/or hazardous substances. You should supply us with copiesof all insurance policies both currently in effect, and in effect during 1978and 1979. Your obligation to respond to the reguest for insurance information

Page 23: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

(as authorized by Section 104(e) of CERCLA and Section 3007 of RCRA) shouldbe considered separate and distinct from your reply relating to participationin cleanup activities at the site. Such response should be submittedwithin 15 calendar days.

The factual and legal discussions contained in this letter are intendedsolely for notification and information purposes. They are not intended to beand can not be relied upon as a final Agency position on any matter set forthherein.

Due to the seriousness of the problem at this site and the attendant legalramifications, the Agency strongly encourages you to submit a written responsewithin the timeframe previously indicated. We hope that you will give thesetaatters your iaaediate attention.

incerely,

Stephen R. Wassersug, DirecHazardous Waste Management /Division

Enclosures (2)

ccs Donald Lazarchik, P.E. DirectorPennsylvania Bureau of Solid Waste Management

Heather Winett, Esquire - EPA Region III

Alan Ertel, EsquirePRP Steering Committee

Edwin C. SummersAssistant General Counsel

AR2001314

Page 24: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

UNITED STATES ENVIRONMENTAL PROTECTION AGENCYREGION III

841 Chestnut BuildingPhiladelphia, Pennsylvania 19107

MAY 16 1986CERTIFIED MAILRETURN RECEIPT REQUESTED

Dudley C. PhillipsSenior Vice President & General CounselBangor Punta CorporationOne Greenwich PlazaP.O. Box 1776Greenwich, CT 06836-1776

Re: Old Forqe Landfill*Lackawanna County, PA

Dear Mr. Phillips:

The United States Environmental Protection Agency (EPA) is considerinqspending public funds to take corrective action for the control of releasesand threat of releases of hazardous substances at the above referenced site.Unless EPA determines that a responsible party will properly perform suchactions, EPA intends to do so pursuant to Section 104 and other provisionsof the Comprehensive Environmental Response, Compensation, and LiabilityAct of 1980 (CEPCIA), 42 U.S.C. S 9601. et seq .

Under Sections 106(a) and 107(a) of CERCLA and other laws, responsibleparties may be obligated to implement any needed relief actions determinedby EPA and may also be liable for all costs incurred by the government inresponding to any release or threatened release at the site. Such costs caninclude, but are not limited to, expenditures for investigation, planning,cleanup of the site and enforcement. By this letter, EPA notifies you ofyour potential liability with regard to this matter and encourages you tovoluntarily undertake cleanup activities, which will be overseen by EPA.

" Responsible parties under CERCLA include current owners and operators,past owners and operators at the tyre of disposal, and persons who generatedthe hazardous substances or were involved in the transport, treatment, ordisposal of them. Based on information obtained by EPA, we have reason tobelieve that your company is a responsible party.

*Also known as Northeast Landfill, lacavazzi Landfill, Lackawanna Landfilland Scranton Yard.

AR200135

Page 25: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

EPA has reason to believe that your company did, by contract, agreement,or otherwise, arrange for transport for disposal, treatment, or storage ofhazardous substances at the Old Forge Landfill during portions of theperiod from September 1, 1978 to December 27, 1978.* Following is the basisof EPA's determination:

1. An analysis of records received from your company and/or Simon WreckingCompany indicates that your company was a customer of Simon Wrecking sometimeduring the period from January 1, 1978 to December 27, 1978 for the transportof wastes containing hazardous substances. The information contained in thethe enclosed report, Preliminary Summary of Simon Wrecking Company's Transactionswith the Old Forge Landfill, along with the testimony referred to in (2) below,indicate that these wastes were most likely hauled to and disposed of at theOld Forge Landfill.

2. Testimony presented at the hearings before the Commonwealth of Pennsyl-vania's Environmental Hearing Board (EHB) in Wilkes-Barre, PA (March 27, 1979),and before District Magistrate James McHale in Clarks Summit, PA (August 22,1980) revealed that Simon Wrecking Company's locations in Williamsport andTemple, PA were pick-up sites for the transportation to and disposal of chemicalwastes at the Old Forge Landfill during the period from September 1, 1978 toDecember 27, 1978.

EPA has determined that there has been a release of hazardous substances(as defined by Section 101(14) of CERCLA and listed in 40 C.F.R. Part 302)from the above referenced facility. Sampling analyses of barrels containingliquids, sludges, and solids removed from the landfill have revealed significantconcentrations of organic and metal pollutants (i.e. hazardous substances).In addition, surface water, ground water, and soil samples from on site locationsreveal that these hazardous substances are contaminating the immediate landfillvicinity. There is a genuine concern that contaminants will migrate off siteand pose an additional threat to human health and the environment. The Agencywill, upon request, discuss this information with you and will provide additionalinformation on the nature and extent of the threatened release.

On March 22, 1985 the Acting Regional Administrator signed the Record ofDecision (ROD) which sets forth the selected remedial activities for the cleanupof the site. EPA is nearing the completion of the design of the remedialactivities at the site and is planning to conduct the implementation of theseactivities during the Spring of 198?. A copy of the ROD is also enclosed.

In addition to the above action, you nay be asked at a later date toundertake, or may be liable for, any additional corrective measures necessaryto protect public health, welfare, or the environment. Such measures mayinclude, but are not limited to, providing any monitoring and maintenancenecessary after remedial measures are completed.

* Additionally, hazardous wastes stored at Simon Wrecking facilities fromlate 1977 to September 1978 «ay have been hauled to and disposed at thethe Old Forge Landfill during the period from September to December 1978,

_^ .AB.200I36

Page 26: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

EPA will consider an immediate offer from you to conduct or participatein the remedial plan. You should notify EPA, in writing, within 15 calendardays from the receipt of this letter, of your willingness to conduct orparticipate in the implementation of the remedial plan. Otherwise, EPAwill assume that you decline any involvement in this activity and willproceed with the preparation of the design of the remedial project. IheNortheast Landfill Steering Committee has been established to representall potentially responsible parties in communicating and negotiating withthe Agency.

You should immediately indicate to the Agency the appropriate name,address, and telephone number for further contact with you. If you arealready involved in discussions with state or local authorities, engagedin voluntary action, or involved in a lawsuit regarding this site, youshould continue such activities as you see fit; you should not interpretthis letter to advise or direct you to restrict or discontinue any suchactivities. You should report, however, the status of those discussionsor that action in your letter. Please provide a copy of your letter toany parties involved in those discussions.

Your letter should be sent to:

Heather Winett, EsguireOffice of Regional CounselUS Environmental Protection Agency841 Chestnut Building, 8th FloorPhiladelphia, PA 19107

If you need further information, Ms. Winett is the attorney in charge ofthis case, and Jack Kelly is the technical person. Ms. Winett's telephonenumber is (215) 597-0899; Mr. Kelly's telephone number is (215) 597-3168.

EPA would like to encourage good faith negotiations between you and theAgency and among you and other parties potentially responsible for the contami-nation at the Old Forge Landfill. The names of the other potentially responsibleparties may be revealed to you if you specifically reguest such information inwriting. The Northeast Landfill Steering Committee's co-chairperson, Alan Ertel,can be contacted at (717)326-2814.

Your response to this letter shpuld include information indicating whetheror not your company is insured for any damages resulting from the release ofhazardous wastes and/or hazardous substances. You should supply us with copiesof all insurance policies both currently in effect, and in effect during 1978and 1979. Your obligation to respond to the reguest for insurance information

•flR2"OOI37

Page 27: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

(as authorized by Section 104(e) of CERCLA and Section 3007 of RCRA) shouldbe considered separate and distinct from your reply relating to participationin cleanup activities at the site. Such response should be submittedwithin 15 calendar days.

The factual and legal discussions contained in this letter are intendedsolely for notification and information purposes. They are not intended to beand can not be relied upon as a final Agency position on any matter set forthherein.

Due to the seriousness of the problem at this site and the attendant legalramifications, the Agency strongly encourages you to submit a written responsewithin the tlineframe previously indicated. We hope that you will give thesematters your .inroediate attention.

rely,

Stephen R. Wassersug, DirectoiHazardous Waste Management JB&ision

Enclosures (2)

cc: Donald lazarchik, P.E. DirectorPennsylvania Bureau of Solid Waste Management

Heather Winett, Esquire - EPA Region III

Alan Ertel, EsquirePKP Steering Committee

^200138

Page 28: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY\ REGION III/ 841 Chestnut Building

Philadelphia, Pennsylvania 19107 ,-

MAY 1 6 1986

Ctiki'lFIED MAILRETURN RECEIPT REQUESTED

John A. Farmer, PresidentBerkley Products CompanyP.O. Box EAkron, PA 17501 • -

Re: Old Forge Landfill*Lackawanna County, PA

Dear Mr. Farmer:

The United States Environmental Protection Agency (*EPA) is consideringspending public funds to take corrective action for the control of releasesand threat of releases of hazardous substances at the above referenced site.Unless EPA determines that a responsible party will properly perform suchactions, EPA intends to do so pursuant to Section 104 and other provisionsof the Comprehensive Environmental Response, Compensation, and LiabilityAct of 1980 (CERCIA), 42 U.S.C. S 9601 et seg .

Under Sections 106(a) and 107(a) of CERCIA and other laws, responsibleparties may be obligated to implement any needed relief actions determinedby EPA and may also be liable for all costs incurred by the government inresponding to any release or threatened release at the site. Such costs caninclude, but are not limited to, expenditures for investigation, planning,cleanup of the site and enforcement. By this letter, EPA notifies you ofyour potential liability with regard to this matter and encourages you tovoluntarily undertake cleanup activities, which will be overseen by EPA.

Responsible parties under CERCIA include current owners and operators,past -owners and operators at the time of disposal, and persons who generatedthe hazardous substances or were involved in the transport, treatment, ordisposal of them. Based on information obtained by EPA, we have reason tobelieve that your company is a responsible party.

*Also known as Northeast Landfill, Lacavazzi landfill, Lackawanna Landfilland Scranton Yard.

AR200I39

Page 29: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

EPA has reason to believe that your company did, by contract, agreement,or otherwise, arrange for transport for disposal, treatment, or storage ofhazardous substances at the Old Forge Landfill during portions of theperiod from September 1, 1978 to December 27, 1978.* Following is the basisof EPA's deteraination:

1. An analysis of records received from your company and/or Simon WreckingCompany indicates that your company was a customer of Simon Wrecking sometimeduring the period from January 1, 1978 to December 27, 1978 for the transportof wastes containing hazardous substances. The information contained in thethe enclosed report, Preliminary Summary of Simon Wrecking Company's Transactionswith the Old Forge Landfill, along with the testimony referred to in (2) below,indicate that these wastes were most likely hauled to and disposed of at theOld Forge Landfill.

*2. Testimony presented at the hearings before the Commonwealth of Pennsyl-vania's Environmental Hearing Board (EHB) in Wilkes-Barre, PA (March 27, 1979),and before District Magistrate James McHale in Claries Summit, PA (August 22,1980) revealed that Simon Wrecking Company's locations in Williamsport andTemple, PA were pick-up sites for the transportation to and disposal of chemicalwastes at the Old Forge Landfill during the period from September 1, 1978 toDecember 27, 1978.

EPA has determined that there has been a release of hazardous substances(as defined by Section 101(14) of CERCLA and listed in 40 C.F.R. Part 302)from the above referenced facility. Sampling analyses of barrels containingliquids, sludges, and solids removed from the landfill have revealed significantconcentrations of organic and metal pollutants (i.e. hazardous substances).In addition, surface water, ground water, and soil samples from on site locationsreveal that these hazardous substances are contaminating the immediate landfillvicinity* There is a genuine concern that contaminants will migrate off siteand pose an additional threat to human health and the environment. The Agencywill, upon request, discuss this information with you and will provide additionalinformation on the nature and extent of the threatened release.

On March 22, 1985 the Acting Regional Administrator signed the Record ofDecision (ROD) which sets forth the selected remedial activities for the cleanupof the site. EPA is nearing the completion of the design of the remedialactivities at the site and is planning to conduct the implementation of theseactivities during the Spring of 1987* A copy of the ROD is also enclosed*

*In addition to the above action, you may be asked at a later date to

undertake, or may be liable for. any additional corrective: measures necessaryto protect public health, welfare, or the environment» Such measures mayInclude, but are not limited to, providing any monitoring and maintenancenecessary after remedial measures are completed.

* Additionally* hazardous wastes, stored at Simon Wrecking facilities fromlate 1977 to September 1978 may have bees hauled to and disposed at thethe Old Forge Landfill during- the period from September to December 1978.

.0 o

Page 30: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

(as authorized by Sec 'in 104(e) of CERCIA and Section 3007 of RCRA) shouldbe considered separate and distinct from your reply relating to participationin cleanup activities at the site. Such response should be submittedwithin 15 calendar days,

The factual and legal discussions contained in this letter are intendedsolely for notification and information purposes. They are not intended to beand can not be relied upon as a final Agency position on any matter set forthherein.

Due to the seriousness of the problem at this site and the attendant legalramifications, the Agency strongly encourages you to submit a written responsewithin the timeframe previously indicated. We hope that you will give thesematters your immediate attention.

Sincerely,

Stephen R. Wassersug, DirectorHazardous Waste Management Division

Enclosures (2)

cc: Donald Lazarchik, P.E. DirectorPennsylvania Bureau of Solid Waste Management

Heather Winett, Esquire - EPA Region III

Alan Ertel, EsquirePRP Steering Committee

Page 31: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

UN1TED STATES ENVIRONMENTAL PROTECTION AGENCYREGION III

84-\ Chestnut BuildingPhiladelphia, Pennsylvania 19107

MAY 1 6 1986HAIL

RETURN RECEIPT REQUESTED

Genevieve HaarmeyerBetty Brite Cleaners1564 Main StreetPeckville, PA 18452

Re: Old Forge Landfill*Lackawanna County, PA

Dear Ms. Haanneyer:

The United States Environmental Protection Agency (EPA) is consideringspending public funds to take corrective action for the control of releasesand threat of releases of hazardous substances at the above referenced site.Unless EPA determines that a responsible party will properly perform suchactions, EPA intends to do so pursuant to Section 104 and other provisionsof the Comprehensive Environmental Response, Compensation, and LiabilityAct of 1980 (CERCLA) , 42 U.S.C. 5 9601 et sea .

Under Sections 106(a) and 107(a) of CERCLA and other laws, responsibleparties may be obligated to implement any needed relief actions determinedby EPA and may also be liable for all costs incurred by the government inresponding to any release or threatened release at the site. Such costs caninclude, but are not limited to, expenditures for investigation, planning,cleanup of the site and enforcement. By this letter, EPA notifies you ofyour potential liability with regard to this matter and encourages you tovoluntarily undertake cleanup activities, which will be overseen by EPA.

Responsible parties under CERCLA include current owners and operators,past owners and operators at the t me of disposal, and persons who generatedthe hazardous substances or were involved in the transport, treatment, ordisposal of them. Based on information obtained by EPA, we have reason tobelieve that your company is a responsible party.

*Also known as Northeast landfill, lacavazzi Landfill, Lackawanna Landfilland Scran ton Yard.

Page 32: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

EPA has reason to believe that your company did, by contract, agreement,or otherwise, arrange for transport for disposal, treatment, or storage ofhazardous substances at the Old Forge Landfill during portions of theperiod from September 1, 1978 to December 27, 1978.* Following is the basisof EPA's determination:

1. An analysis of records received from your company and/or Simon WreckingCompany indicates that your company was a customer of Simon Wrecking sometimeduring the period from January 1, 1978 to December 27, 1978 for the transportof wastes containing hazardous substances. The information contained in thethe enclosed report, Preliminary Summary of Simon Wrecking Company's Transactionswith the Old Forge Landfill, along with the testimony referred to in (2) below,indicate that these wastes were most likely hauled to and disposed of at theOld Forge Landfill.

2. Testimony presented at the hearings before the Commonwealth of Pennsyl-vania's Environmental Hearing Board (EHB) in Wilkes-Barre, PA (March 27, 1979),and before District Magistrate James McHale in Clarks Summit, PA (August 22,1980) revealed that Simon Wrecking Company's locations in Williamsport andTemple, PA were pick-up sites for the transportation to and disposal of-chemicalwastes at the Old Forge Landfill during the period from September 1, 1978 toDecember 27, 1978.

EPA has determined that there has been a release of hazardous substances(as defined by Section 101(14) of CERCLA and listed in 40 C.F.R. Part 302)from the above referenced facility. Sampling analyses of barrels containingliquids, sludges, and solids removed from the landfill have revealed significantconcentrations of organic and metal pollutants (i.e. hazardous substances).In addition, surface water, ground water, and soil samples from on site locationsreveal that these hazardous substances are contaminating the immediate landfillvicinity. There is a genuine concern that contaminants will migrate off siteand pose an additional threat to human health and the environment. The Agencywill, upon request, discuss this Information with you and will provide additionalinformation on the nature and extent of the threatened release.

On March 22, 1985 the Acting Regional Administrator signed the Record ofDecision (ROD) which sets forth the selected remedial activities for the cleanupof the site. EPA is nearing the completion of the design of the remedialactivities at the site and is planning to conduct the implementation of theseactivities during the Spring of 1987. A copy of the ROD is also enclosed.

In addition to the above action, you may be asked at a later date toundertake, or may be liable for, any additional corrective measures necessaryto protect public health, welfare, or the environment. Such measures mayinclude, but are not limited to, providing any monitoring and maintenancenecessary after remedial measures are completed.

* Additionally, hazardous wastes stored at Simon Wrecking facilities fro*"late 1977 to September 1978 may have been hauled to and disposed at thethe Old Forge Landfill during the period from September to December 1978.

Page 33: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

EPA will consider an inmediate offer from you to conduct or participatein the remedial plan. You should notify EPA, in writing, within 15 calendardays frcro the receipt of this letter, of your willingness to conduct orparticipate in the implementation of the remedial plan. Otherwise, EPAwill assume that you decline any involvement in this activity and willproceed with the preparation of the design of the remedial project. TheNortheast Landfill Steering Ccnroittee has been established to representall potentially responsible parties in conrounicating and negotiating withthe Agency.

You should immediately indicate to the Agency the appropriate name,address, and telephone number for further contact with you. If you arealready involved in discussions with state or local authorities, engagedin voluntary action, or involved in a lawsuit regarding this site, youshould continue such activities as you see fit; you should not interpretthis letter to advise or direct you to restrict or discontinue any suchactivities. You should report, however, the status of those discussionsor that action in your letter. Please provide a copy of your letter toany parties involved in those discussions.

Your letter should be sent to:

Heather Winett, EsquireOffice of Regional CounselUS Environmental Protection Agency841 Chestnut Building, 8th FloorPhiladelphia, PA 19107

If you need further information, Ms. Winett is the attorney in charge ofthis case, and Jack Kelly is the technical person. Ms. Winett's telephonenumber is (215) 597-0899; Mr. Kelly's telephone number is (215) 597-3168.

EPA would like to encourage good faith negotiations between you and theAgency and among you and other parties potentially responsible for the contami-nation at the Old Forge landfill. The names of the other potentially responsibleparties may be revealed to you if you specifically request such information inwriting. The Northeast Landfill Steering Committee's co-chairperson, Alan Ertel,can be contacted at (717)326-2814.

Your response to this letter should include information indicating whetheror not your company is insured for any damages resulting from the release ofhazardous wastes and/or hazardous substances. You should supply us with copiesof all insurance policies both currently in effect, and in effect during 1978and 1979. Your obligation to respond to the request for insurance information

Page 34: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

(as authorized by Section 104(e) of CERCLA and Section 3007 of RCRA) shouldbe considered separate and distinct from your reply relating to participationin cleanup activities at the site. Such response should be submittedwithin 15 calendar days.

The factual and legal discussions contained in this letter are intendedsolely for notification and information purposes. They are not intended to beand can not be relied upon as a final Agency position on any matter set forthherein.

Due to the seriousness of the problem at this site and the attendant legalramifications, the Agency strongly encourages you to submit a written responsewithin the timeframe previously indicated. We hope that you will give thesematters your immediate attention.

Sincerely,

— Vr v - - ** ./ r

Stephen R. Wassersug, Director''/Hazardous Waste Management

Enclosures (2)

cc: Donald Lazarchik, P.E. DirectorPennsylvania Bureau of Solid Waste Management

Heather Winett, Esguire - EPA Region III

Alan Ertel, EsguirePRP Steering Ccnmittee

Page 35: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY\ REGION III

841 Chestnut BuildingPhiladelphia, Pennsylvania 19107

MAY 1 6 1986CERTIFIED MAILRETURN RECEIPT REQUESTED

Jerome W. McCrea, PresidentCentre Engineering2820 East College AvenueState College, PA 16801

Re: Old Forge Landfill*Lackawanna County, PA

Dear Mr. McCrea:

The United States Environmental Protection Agency (EPA) is consideringspending public funds to take corrective action for the control of releasesand threat of releases of hazardous substances at the above referenced site.Unless EPA determines that a responsible party will properly perform suchactions, EPA intends to do so pursuant to Section 104 and other provisionsof the Comprehensive Environmental Response, Compensation, and LiabilityAct of 1980 (CERCLA), 42 U.S.C. § 9601 et seq .

Under Sections 106(a) and 107(a) of CERCLA and other laws, responsibleparties may be obligated to implement any needed relief actions determinedby EPA and aay also be liable for all costs incurred by the government inresponding to any release or threatened release at the site. Such costs caninclude, but are not limited to, expenditures for investigation, planning,cleanup of the site and enforcement. By this letter, EPA notifies you ofyour potential liability with regard to this matter and encourages you tovoluntarily undertake cleanup activities, which will be overseen by EPA.

Responsible parties under CERCLA include current owners and operators,past" owners and operators at the time of disposal, and persons who generatedthe hazardous substances or were in>iolved in the transport, treatment, ordisposal of them. Based on information obtained by EPA, we have reason tobelieve that your company is a responsible party.

*Also known as Northeast Landfill, lacavazzi Landfill, Lackawanna Landfilland Scranton Yard.

Page 36: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

EPA has reason to believe that your company did, by contract, agreement,or otherwise, arrange for transport for disposal, treatment, or storage ofhazardous substances at the Old Forge Landfill during portions of theperiod from September 1, 1978 to December .27, 1978.* Following is the basisof EPA's determination:

1. An analysis of records received from your company and/or Simon WreckingCompany indicates that your company was a customer of Simon Wrecking sometimeduring the period from January 1, 1978 to December 27, 1978 for the transportof wastes containing hazardous substances. The information contained in thethe enclosed report, Preliminary Summary of Simon Wrecking Company's Transactionswith the Old Forge Landfill, along with the testimony referred to in (2) below,indicate that these wastes were most likely hauled to and disposed of at theOld Forge Landfill.

2. Testimony presented at the hearings before the Commonwealth of Pennsyl-vania's Environmental Hearing Board (EHB) in Wilkes-Barre, PA (March 27, 1979),and before District Magistrate James McHale in Clarks Summit, PA (August 22,1980) revealed that Simon Wrecking Company's locations in Williamsport andTemple, PA were pick-up sites for the transportation to and disposal of chemicalwastes at the Old Forge Landfill during the period from September 1, 1978 toDecember 27, 1978.

EPA has determined that there has been a telease of hazardous substances(as defined by Section 101(14) of CERCLA and listed in 40 C.F.R. Part 302)from the above referenced facility. Sampling analyses of barrels containingliquids, sludges, and solids removed from the landfill have revealed significantconcentrations of organic and metal pollutants (i.e. hazardous substances).In addition, surface-water, ground water, and soil samples from on site locationsreveal that these hazardous substances are contaminating the immediate landfillvicinity. There is a genuine concern that contaminants will migrate off siteand pose an additional threat to human health and the environment. The Agencywill, upon request, discuss this information with you and will provide additionalinformation on the nature and extent of the threatened release.

On March 22, 1985 the Acting Regional Administrator signed the Record ofDecision (ROD) which sets forth the selected remedial activities for the cleanupof the site. EPA is nearing the completion of the design of the remedialactivities at the site and is planning to conduct the implementation of theseactivities during the Spring of 1987* A copy of the ROD is also enclosed.

In addition to the above action, you may be asked at a later date toundertake, or may be liable for, any additional corrective measures necessaryto protect public health, welfare, or the environment. Such measures mayinclude, but are not limited to, providing any monitoring and maintenancenecessary after remedial measures are completed.

* Additionally, hazardous wastes stored at Simon Wrecking facilities fromlate 1977 to September 1978 may have been hauled to and disposed at thethe Old Forge Landfill during the period from September to December 1978.

Page 37: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

EPA will consider an Immediate offer from you to conduct or participatein the remedial plan. You should notify EPA, in writing, within 15 calendardays from the receipt of this letter, of your willingness to conduct orparticipate in the implementation of the remedial plan. Otherwise, EPAwill assume that you decline any involvement in this activity and willproceed with the preparation of the design of the remedial project. TheNortheast Landfill Steering Committee has been established to representall potentially responsible parties in communicating and negotiating withthe Agency.

You should Immediately indicate to the Agency the appropriate name,address, and telephone number for further contact with you. If you arealready involved in discussions with state or local authorities, engagedin voluntary action, or involved in a lawsuit regarding this site, youshould continue such activities as you see fit; you should not interpretthis letter to advise or direct you to restrict or discontinue any suchactivities. You should-report, however, the status of those discussionsor that action in your letter. Please provide a copy of your letter toany parties involved in those discussions.

Your letter should be sent to:

Heather Winett, EsquireOffice of Regional CounselUS Environmental Protection Agency841 Chestnut Building, 8th FloorPhiladelphia, PA 19107

If you need further information, Ms. Winett is the attorney in charge ofthis case, and Jack Kelly is the technical person. Ms. Winett's telephonenumber is (215) 597-0899; Mr. Kelly's telephone number is (215) 597-3168.

EPA would like to encourage good faith negotiations between you and theAgency and among you and other parties potentially responsible for the contami-nation at the Old Forge Landfill. The names of the other potentially responsibleparties aay be revealed to you if you specifically request such information inwriting. The Northeast Landfill Steering Committee's co-chairperson, Alan Ertel,can be contacted at (717)326-2814.

Your response to this letter should include information indicating whetheror not your company is insured for any damages resulting from the release ofhazardous wastes and/or hazardous substances. You should supply us with copiesof all insurance policies both currently in effect, and in effect during 1978and 1979. Your obligation to respond to the request for insurance Information

Page 38: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

(as authorized by Section 104(e) of CERCLA and Section 3007 of RCRA) shouldbe considered separate and distinct from your reply relating to participationin cleanup activities at the site. Such response should be submittedwithin 15 calendar days.

The factual and legal discussions contained in this letter are intendedsolely for notification and information purposes. They are not intended to beand can not be relied upon as a final Agency position on any matter set forthherein.

Due to the seriousness of the problem at this site and the attendant legalramifications, the Agency strongly encourages you to submit a written responsewithin the timeframe previously indicated. We hope that you will give thesematters your immediate attention.

ncerely,

Stephen R. Wassersug, DirecHazardous Waste Management Division

Enclosures (2)

cc: Donald Lazarchik, P.E. DirectorPennsylvania Bureau of Solid Waste Management

Heather Winett, Esquire - EPA Region III

Alan Ertel, EsquirePRP Steering Committee

Page 39: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

> UNITE" STATES ENVIRONMENTAL PROTECTION AGENCY\ - REGION III

l- / 841 Chestnut BuildingPhiladelphia. Pennsylvania 19107 '

~ MAY 16- 1986 * .:

CERTIFIED MAILRETURN RECEIPT REQUESTED

Irving Cohen, PresidentConstruction Fasteners, Inc.P.O. Box 6326Spring St. & Van Reed Rd.Wyomisslng, PA 19610

Re: Old Forge Landfill*Lackawanna County,*PA

Dear Mr. Cohen:

The United States Environmental Protection Agency (EPA) is consideringspending public funds to take corrective action for the control of releasesand threat of releases of hazardous substances at the above referenced site.Unless EPA determines that a responsible party will properly perform suchactions, EPA Intends to do so pursuant to Section 104 and other provisionsof the Comprehensive Environmental Response, Compensation, and LiabilityAct of 1980 (CERCLA), 42 U.S.C. I 9601 et sag .

Under Sections 106(a) and 107(a) of CERCLA and other laws, responsibleparties may be obligated to implement any needed relief actions determinedby EPA and may also be liable for all costs Incurred by the government inresponding to any release or threatened release at the site. Such costs canInclude, but are not limited to, expenditures for investigation, planning,cleanup of the site and enforcement. By this letter, EPA notifies you ofyour potential liability with regard to this matter and encourages you tovoluntarily undertake cleanup activities, which will be overseen by EPA.

Responsible parties under CERCLA include current owners and operators,past owners and operators at the time of disposal, and persons who generatedthe hazardous substances or were involved in the transport, treatment, ordisposal of them. Based on information obtained by EPA, we have reason tobelieve that your company is a responsible party*

*Also known as Northeast Landfill, lacavazzl Landfill, Lackawanna Landfilland Scranton Yard*

. - t ." ,"".• ' ' _-- ft. * ,\'

:-""!2v'5« •."•ifc-- ?-* ^ »"'• - V ™ '•; ','•"'""® riS'-'i...'-jt'v54»;!g r irfisF.'feS M- tt-' ."•.'"; ~-''-;-§'"1 v

Page 40: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

EPA has reason to believe that your company did, by contract, agreement,or otherwise, arrange for transport for disposal, treatment, or storage ofhazardous substances at the Old Forge Landfill during portions of theperiod from September 1, 1978 to December 27, 1978.* Following is the basisof EFA's determination:

1. An analysis of records received from your company and/or Simon WreckingCompany indicates that your company was a customer of Simon Wrecking sometimeduring the period from January 1, 1978 to December 27, 1978 for the transportof wastes containing hazardous substances. The information contained in thethe enclosed report, Preliminary Summary of Simon Wrecking Company's Transactionswith the Old Forge Landfill, along with the testimony referred to in (2) below,indicate that these wastes were most likely hauled to and disposed of at theOld Forge Landfill.

2* Testimony presented at the hearings before the Commonwealth of Pennsyl-vania's Environmental Hearing Board (EHB) in Wilkes-Barre, PA (March 27, 1979),and before District Magistrate James McHale in Clarks Summit, PA (August 22,1980) revealed that Siaon Wrecking Company's locations in Williamsport andTemple, PA were pick-up sites for the transportation to and disposal of chemicalwastes at the Old Forge Landfill during the period from September 1, 1978 toDecember 27, 1978.

EPA has determined that there has been a release of hazardous substances(as defined by Section 101(14) of CERCLA and listed in 40 C.F.R. Part 302)from the above referenced facility. Sampling analyses of barrels containingliquids, sludges, and solids removed from the landfill have revealed significantconcentrations of organic and metal pollutants (i.e. hazardous substances).In addition, surface water, ground water, and soil samples from on site locationsreveal that these hazardous substances are contaminating the immediate landfillvicinity. There Is a genuine concern that contaminants will migrate off siteand pose an additional threat to human health and the environment. The Agencywill, upon request, discuss this information with you and will provide additionalinformation on the nature and extent of the threatened release.

On March 22, 1985 the Acting Regional Administrator signed the Record ofDecision (HOD) which sets forth the selected remedial activities for the cleanupof the,site. EPA is nearing the completion of the design of the remedialactivities at the site and is planning to conduct the implementation of theseactivities during the Spring of 1987. A copy of the ROD is also enclosed*

In addition to the above action, you may be asked at a later date toundertake, or may- be liable for, any additional corrective measures necessaryto protect public health, welfare, or the environment.* Such measures mayinclude, but arc not Halted to, providing- any monitoring and maintenancenecessary after remedial •euorts are completed.

* Additionally* hatardoo waste* stored at Slant Wrecking: facilities fro*late. 1977 to September 197& aayr hsjve been-hauled to and disposed at thethe Old Forge landfill dtncfnff .the>~pex£o<£ feo» September to= December 1979*

Page 41: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

EPA will consider an Immediate offer from you to conduct or participatein the remedial plan. You should notify EPA, in writing, within 15 calendardays from the receipt of this letter, of your willingness to conduct orparticipate in the implementation of the remedial plan. Otherwise, EPAwill assume that you decline any involvement in this activity and willproceed with the preparation of the design of the remedial project. TheNortheast Landfill Steering Committee has been established to representall potentially responsible parties in communicating and negotiating withthe Agency.

You should immediately indicate to the Agency the appropriate name,address, and telephone number for further contact with you. If you arealready involved in discussions with state or local authorities, engagedin voluntary action, or Involved in a lawsuit regarding this site, youshould continue such activities as you see fit; you should not Interpretthis letter to advise or direct you to restrict or discontinue any suchactivities* You should report, however, the status of those discussionsor that action in your letter* Please provide a copy of your letter toany parties involved In those discussions.

Your letter should be sent to:

Heather Wlnett, EsquireOffice of Regional CounselUS Environmental Protection Agency841 Chestnut Building, 8th FloorPhiladelphia, PA 19107

If you need further information, Ms. Winett Is the attorney in charge ofthis case, and Jack Kelly Is the technical person. Ms. Winett's telephonenumber is (215) 597-0899; Mr. felly's telephone number is (215) 597-3168.

EPA would like to encourage good faith negotiations between you and theAgency and among you and other parties potentially responsible for the contami-nation at the Old Forge Landfill. The names of the other potentially responsibleparties may be revealed to you if you specifically request such information inwriting. The Northeast Landfill Steering Committee's co-chairperson, Alan Ertel,can be contacted at (717)326-2814. "

Your response to this letter should include information indicating whetheror not your company is Insured for any damages resulting from the release ofhazardous wastes and/or hazardous substances» You should supply us with copiesof all Insurance policies both currently In effect, and In effect during 1978and 1979» Your obligation to respond to the request for Insurance information

Page 42: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

(as authorized by Section 104(e) of CERCLA and Section 3007 of RCRA) shouldbe considered separate and distinct from your reply relating to participationin cleanup activities at the site. Such response should be submittedwithin 15 calendar days*

The factual and legal discussions contained in this letter are intendedsolely for notification and information purposes. They are not intended to beand can not be relied upon as a final Agency position on any matter set forthherein.

Due to the seriousness of the problem at this site and the attendant legalramifications, the Agency strongly encourages you to submit a written responsewithin the timeframe previously indicated. We hope that you will give thesematters your immediate attention.

Sincerely,

R. Wassersug, DirectoiHazardous Waste Management Division

Enclosures (2)

cc: Donald Lazarchik, P.E. DirectorPennsylvania Bureau of Solid Waste Management

Heather Winett, Esquire - EPA Region III

Alan Ertel, EsquirePRP Steering Comnittee

A

Eric D. Murray »Operations Manager

Page 43: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

UNITED STATES ENVIRONMENTAL PROTECTION AGENCYREGION III

841 Chestnut BuildingPhiladelphia, Pennsylvania 19107

CERTIFIED MAIL MAY 1 6 1986RETURN RECEIPT REQUESTED

Gerald Mitchell, PresidentDana CorporationP.O. Box 1000Toledo, OH 43697

Re: Old Forge Landfill*Lackawanna County,. PA

Dear Mr. Mitchell:

The United States Environmental Protection Agency (EPA) is consideringspending public funds to take corrective action for the control of releasesand threat of releases of hazardous substances at the above referenced site.Unless EPA determines that a responsible party will properly perform suchactions, EPA intends to do so pursuant to Section 104 and other provisionsof the Comprehensive Environmental Response, Compensation, and LiabilityAct of 1980 (CERCLA), 42 U.S.C. S 9601 et seq .

Under Sections 106(a) and 107(a) of CERCLA and other laws, responsibleparties may be obligated to implement any needed relief actions determinedby EPA and may also be liable for all costs incurred by the government inresponding to any release or threatened release at the site. Such costs caninclude, but are not limited to, expenditures for investigation, planning,cleanup of the site and enforcement. By this letter, EPA notifies you ofyour potential liability with regard to this matter and encourages you tovoluntarily undertake cleanup activities, which will be overseen by EPA.

Responsible parties under CERCLA include current owners and operators,past owners and operators at the time of disposal, and persons who generatedthe hazardous substances or were involved in the transport, treatment, ordisposal of them. Based on information obtained by EPA, we have reason tobelieve that your company Is a responsible party.

*Also' known as Northeast Landfill, lacavazzl Landfill, Lackawanna Landfilland Scranton Yard*

5k

Page 44: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

EPA has reason to believe that your company did, by contract, agreement,or otherwise, arrange for transport for disposal, treatment, or storage ofhazardous substances at the Old Forge Landfill during portions of theperiod from September 1, 1978 to December 27, 1978.* Following is the basisof EPA's determination:

1. An analysis of records received from your company and/or Simon WreckingCompany indicates that your company was a customer of Simon Wrecking sometimeduring the period from January 1, 1978 to December 27, 1978 for the transportof wastes containing hazardous substances. The Information contained in thethe enclosed report, Preliminary Summary of Simon Wrecking Company's Transactionswith the Old Forge Landfill, along with the testimony referred to in (2) below,Indicate that these wastes were most likely hauled to and disposed of at theOld Forge Landfill.

2. Testimony presented at the hearings before the Commonwealth of Pennsyl-vania's Environmental Hearing Board (EHB) in Wllkes-Barre, PA (March 27, 1979),and before District Magistrate James McHale in Clarks Summit, PA (August 22,1980) revealed that Simon Wrecking Company's locations In Williamsport andTemple, PA were pick-up sites for the transportation to and disposal of chemicalwastes at the Old Forge Landfill during the period from September 1, 1978 toDecember 27, 1978.

EPA has determined that there has been a release of hazardous substances(as defined by Section 101(14) of CERCLA and listed in 40 C.F.R. Part 302)from the above referenced facility. Sampling analyses of barrels containingliquids, sludges, and solids removed from the landfill have revealed significantconcentrations of organic and metal pollutants (i.e. hazardous substances).In addition, surface water, ground water, and soil samples from on site locationsreveal that these hazardous substances are contaminating the Immediate landfillvicinity. There is a genuine concern that contaminants will migrate off siteand pose an additional threat to human health and the environment. The Agencywill, upon request, discuss this information with you and will provide additionalinformation on the nature and extent of the threatened release.

On March 22, 1985 the Acting Regional Administrator signed the Record ofDecision (ROD) which sets forth the selected remedial activities for the cleanupof the site. EPA is nearing the completion of the design of the remedialactivities at the site and is planning to conduct the implementation of theseactivities during the Spring of 1987- A copy of the ROD is also enclosed.

In addition to the above action, you nay be asked at a later date toundertake, or may be liable for, any additional corrective measures necessaryto protect public health, welfare, or the environment. Such measures mayinclude, but are not limited to, providing any monitoring and Maintenancenecessary after remedial measures are completed.

* Additionally, hazardous wastes stored at Simon Wrecking facilities fromlate 1977 to September 1978 may have been hauled to and disposed at thethe Old Forge Landfill during the period from September to December 1978.

Page 45: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

EPA will consider an immediate offer from you to conduct or participatein the remedial plan. You should notify EPA, in writing, within 15 calendardays from the receipt of this letter, of your willingness to conduct orparticipate in the implementation of the remedial plan. Otherwise, EPAwill assume that you decline any involvement in this activity and willproceed with the preparation of the design of the remedial project. TheNortheast Landfill Steering Committee has been established to representall potentially responsible parties in communicating and negotiating withthe Agency.

You should immediately indicate to the Agency the appropriate name,address, and telephone number for further contact with you. : If you arealready involved in discussions with state or local authorities, engagedin voluntary action, or involved in a lawsuit regarding this site, youshould continue such activities as you see fit; you should not interpretthis letter to advise or direct you to restrict or discontinue any suchactivities. You should report, however, the status of those discussionsor that action in your letter. Please provide a copy of your letter toany parties involved in those discussions.

Your letter should be sent to:

Heather Winett, EsquireOffice of Regional CounselUS Environmental Protection Agency841 Chestnut Building, 8th FloorPhiladelphia, PA 19107

If you need further information, Ms. Winett is the attorney in charge ofthis case, and Jack Kelly is the technical person. Ms. Winett's telephonenumber is (215) 597-0899; Mr. Kelly's telephone number is (215) 597-3168.

EPA would like to encourage good faith negotiations between you and theAgency and among you and other parties potentially responsible for the contami-nation at the Old Forge Landfill. The names of the other potentially responsibleparties may be revealed to you if you specifically request such information inwriting. The Northeast Landfill Steering Committee's co-chairperson, Alan Ertel,can be contacted at (717)326-2814.

Your response to this letter should include information indicating whetheror not your company is insured for -any damages resulting from the release ofhazardous wastes and/or hazardous substances. You should supply us with copiesof all insurance policies both currently in effect, and in effect during 1978and 1979. Your obligation to respond to the request for insurance Information

Page 46: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

(as authorized by Section 104(e) of CERCLA and Section 3007 of RCRA) shouldbe considered separate and distinct from your reply relating to participationin cleanup activities at the site. Such response should be submittedwithin 15 calendar days.

The factual and legal discussions contained in this letter are intendedsolely for notification and information purposes. They are not intended to beand can not be relied upon as a final Agency position on any matter set forthherein.

Due to the seriousness of the problem,at this site and the attendant legalramifications, the Agency strongly encourages you to submit a written responsewithin the tineframe previously indicated. We hope that you will give thesematters your immediate attention.

Sincerely,

(Uc /C / / ^ ^ t,Stephen R. Wassersug, Director J^Hazardous Waste Management Division

Enclosures (2)

cc: Donald Lazarchik, P.E. DirectorPennsylvania Bureau of Solid Waste Management

Heather Vinett, Esquire - EPA Region III

Alan Ertel, EsquirePRP Steering Committee

Clement A. Revetti, Legal Counsel

...AR2-OOI57

Page 47: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

UNITED STATES ENVIRONMENTAL PROTECTION AGENCYREGION III

841 Chestnut BuildingPhiladelphia, Pennsylvania 19107

CERTIFIED MAILRETURN RECEIPT REQUESTED

Edward E. SheaVice President & General Counsel :GAP Corporation1361 Alps RoadWayne, NT "07470

Re: Old Forge Landfill*Lackawanna County, PA

Dear Mr. Shea:

The United States Environmental Protection Agency (EPA) is consideringspending public funds to take corrective action for the control of releasesand threat of releases of hazardous substances at the above referenced site.Unless EPA determines that a responsible party will properly perform suchactions, EPA intends to do so pursuant to Section 104 and other provisionsof the Comprehensive Environmental Response, Compensation, and LiabilityAct of 1980 (CERCLA), 42 U.S.C. § 9601 et seq .

Under Sections 106(a) and 107(a) of CERCLA and other laws, responsibleparties may be obligated to Implement any needed relief actions determinedby EPA and may also be liable for all costs Incurred by the government inresponding to any release or threatened release at the site. Such costs caninclude, but are not limited to, expenditures for investigation, planning,cleanup of the site and enforcement. By this letter, EPA notifies you ofyour potential liability with regard to this matter and encourages you tovoluntarily undertake cleanup activities, which will be overseen by EPA.

Responsible parties under CERCLA include current owners and operators, .past" owners and operators at the time of disposal, and persons who generatedthe hazardous substances or were involved in the transport, treatment., ordisposal of them. Based on information obtained by EPA, we have reason tobelieve that your company is a responsible party.

*Also known as Northeast Landfill, lacavazzi Landfill, Lackawanna Landfilland Scranton Yard.

AR2QOI58___________

Page 48: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

EPA has reason to believe that your company did, by contract, agreement,or otherwise, arrange for transport for disposal, treatment, or storage ofhazardous substances at the Old Forge Landfill during portions of theperiod from September 1, 1978 to December 27, 1978.* Following is the basisof EPA1a determination:

1. An analysis of records received from your company and/or Simon WreckingCompany indicates--that your company was a customer of Simon Wrecking sometimeduring the period from January 1, 1978 to December 27, 1978 for the transportof wastes containing hazardous substances. The information contained in thethe enclosed report, Preliminary Summary of Simon Wrecking Company's Transactionswith the Old Forge Landfill, along with the testimony referred to in (2) below,indicate that these wastes were most likely hauled to and disposed of at theOld Forge Landfill.

2. Testimony presented at the hearings before the Commonwealth of Pennsyl-vania's Environmental Hearing Board (EHB) in Wilkes-Barre, PA (March 27, 1979),and before District Magistrate James McHale in Clarks Summit, PA (August 22,1980) revealed that Simon Wrecking Company's locations in Williamsport andTeaple, PA vere pick-up sites for the transportation to and disposal of chemicalwastes at the Old Forge Landfill during the period from September 1, 1978 toDecember 27, 1978.

EPA has determined that there has been a release of hazardous substances(as defined by Section 101(14) of CERCLA and listed in 40 C.F.R. Part 302)from the above referenced facility. Sampling analyses of barrels containingliquids, sludges, and solids removed from the landfill have revealed significantconcentrations of organic and metal pollutants (i.e. hazardous substances).In addition, surface water, ground water, and soil samples from on site locationsreveal that these hazardous substances are contaminating the immediate landfillvicinity. There is a genuine concern that contaminants will migrate off siteend pose an additional threat to human health and the environment. The Agencywill, upon request, discuss this information with you and will provide additionalinformation on the nature and extent of the threatened release.

On March 22, 1985 the Acting Regional Administrator signed the Record ofDecision (ROD) which sets forth the selected remedial activities for the cleanupof the site. EPA is nearing the completion of the design of the remedialactivities at the site and is planning to conduct the implementation of theseactivities during the Spring of 1987. A copy of the ROD is also enclosed.

In addition to the above action, you may be asked at a later date toundertake, or may be liable for, any additional corrective aeasures necessaryto protect public health, welfare, or the environment. Such measures mayinclude, but are not limited to, providing any monitoring and maintenancenecessary after remedial measures are completed.

* Additionally, hazardous wastes stored at Simon Wrecking facilities- fromlate 1977 to September 1978 nay have been hauled to and disposed at thethe Old Forge Landfill during the period from September to December 1978.

Page 49: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

EPA will consider an immediate offer from you to conduct or participatein the remedial plan. You should notify EPA, in writing, within 15 calendardays from the receipt of this letter, of your willingness to conduct orparticipate in the implementation of the^remedial plan. Otherwise, EPAwill assume that you decline any involvement in this activity and willproceed with the preparation of the design of the remedial project. TheNortheast Landfill Steering Committee has been established to representall potentially responsible parties in communicating and negotiating withthe Agency.

You should immediately indicate to the Agency the appropriate name,address, and telephone number for further contact with you. If you arealready involved in discussions with state or local authorities, engagedin voluntary action, or involved in a lawsuit regarding this site, youshould continue such activities as you see fit; you should not interpretthis letter to advise or direct you to restrict or discontinue any suchactivities. You should* report, however, the status of those discussionsor that action in your letter. Please provide a copy of your letter toany parties involved in those discussions.

Your letter should be sent to:

Heather Winett, EsquireOffice of Regional CounselUS Environmental Protection Agency841 Chestnut Building, 8th FloorPhiladelphia, PA 19107

If you need further information, Ms. Winett is the attorney in charge ofthis case, and Jack Kelly is the technical person. Ms. Winett's telephonenumber is (215) 597-0899; Mr. Kelly's telephone number Is (215) 597-3168.

EPA would like to encourage good faith negotiations between you and theAgency and among you and other parties potentially responsible for the contami-nation at the Old Forge Landfill. The names of the other potentially responsibleparties may be revealed to you if you specifically request such information inwriting. The Northeast Landfill Steering Committee's co-chairperson, Alan Ertel,can be contacted at (717)326-2814.

Your response to this letter should include information indicating whetherof not your company is insured for any damages resulting from the release ofhazardous wastes and/or hazardous substances. You should supply us with copiesof all insurance policies both currently in effect, and in effect during 1978and 1979. Your obligation to respond to the request for insurance information

•'--'• " ' .'. -•'•-' '" ' :; 7.-- ' .

Page 50: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

(as authorized by Section 104(e) of CERCLA and Section 3007 of RCRA) shouldbe considered separate and distinct from your reply relating to participationin cleanup activities at the site. Such response should be submittedwithin 15 calendar days.

The factual and legal discussions contained in this letter are intendedsolely for notification and information purposes. They are not intended to beand can not be relied upon as a. final Agency position on any matter set forthherein.

Due to the seriousness of the problem at this site and the attendant legalramifications, the Agency strongly encourages you to submit a written responsewithin the timefraae previously indicated. We hope that you: will give thesematters your immediate attention.

Sincerely,

Stephen R. Wassersug, DirectorHazardous Waste Management Divie

Enclosures (2)

cc: Donald Lazarchik, F.E. DirectorPennsylvania Bureau of Solid Waste Management

Heather Winett, Esquire - EPA Region III

Alan Ertel, EsquireJPRP Steering Coamittee

Leonard P. Pasculli, Associate Counsel

Page 51: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY\ REGION III

841 Chestnut BuildingPhiladelphia, Pennsylvania 19107

CERTIFIED MAIL ^AY 1 6RETURN RECEIPT REQUESTED

Colonel Gifford D. WilsonLetterkeny Army DepotSDSLE—CChambersburg, PA 17201-4150

Re: Old Forge Landfill*Lackawanna County, PA

Dear Colonel Wilson:

The United States Environmental Protection Agency (EPA) is consideringspending public funds to take corrective action for the control of releasesand threat of releases of hazardous substances at the above referenced site.Unless EPA determines that a responsible party will properly perform suchactions, EPA intends to do so pursuant to Section 104 and other provisionsof the Comprehensive Environmental Response, Compensation, and LiabilityAct of 1980 (CERCLA), 42 U.S.C. f 9601 et seq .

Under Sections 106(a) and 107(a) of CERCLA and other laws, responsibleparties may be obligated to implement any needed relief actions determinedby EPA and may also be liable for all costs incurred by the government inresponding to any release or threatened release at the site. Such costs caninclude, but are not limited to, expenditures for investigation, planning,cleanup of the site and enforcement. By this letter, EPA notifies you ofyour potential liability with regard to this matter and encourages you tovoluntarily undertake cleanup activities, which will be overseen by EPA.

Responsible parties under CERCLA include current owners and operators,past owners and operators at the time of disposal, and persons who generatedthe hazardous substances or were involved in the transport, treatment, ordisposal of them. Based on Information obtained by EPA, we have reason tobelieve that your company is a responsible party.

*Also known as Northeast Landfill, lacavazzi Landfill, Lackawanna Landfilland Scranton Yard.

Page 52: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

EPA has reason to believe that your company did, by contract, agreement,or otherwise, arrange for transport for disposal, treatment, or storage ofhazardous substances at the Old Forge Landfill during portions of theperiod from September 1, 1978 to December 27, 1978.* Following is the basisof EPA's determination:

1. An analysis of records received from your company and/or Simon WreckingCompany indicates that your company was a customer of Simon Wrecking sometimeduring the period from January 1, 1978 to December 27, 1978 for the transportof wastes containing hazardous substances* The information contained in thethe enclosed report, Preliminary Summary of Simon Wrecking Company's Transactionswith the Old Forge Landfill, along with the testimony referred to in (2) below,indicate that these wastes were most likely hauled to and disposed of at theOld Forge Landfill.

2. Testimony presented at the hearings before the Commonwealth of Pennsyl-vania's Environmental Hearing Board (EHB) in Wilkes-Barre, PA (March 27, 1979),and before District Magistrate James McHale in Clarks Summit, PA (August 22,1980) revealed that Simon Wrecking Company's locations in Williamsport andTemple, PA were pick-up sites for the transportation to and disposal of chemicalwastes at the Old Forge Landfill during the period from September 1, 1978 toDecember 27, 1978.

EPA has determined that there has been a release of hazardous substances(as defined by Section 101^14) of CERCLA and listed in 40 C.F.R. Part 302)from the above referenced facility. Sampling analyses of barrels containingliquids, sludges, and solids removed from the landfill have revealed significantconcentrations of organic and metal pollutants (i.e. hazardous substances).In addition, surface water, ground water, and soil samples from on site locationsreveal that these hazardous substances are contaminating the immediate landfillvicinity. There is a genuine concern that contaminants will migrate off siteand pose an additional threat to human health and the environment. The Agencywill, upon request, discuss this information with you and will provide additionalinformation on the nature and extent of the threatened release.

On March 22, 1985 the Acting Regional Administrator signed the Record ofDecision (ROD) which sets forth the selected remedial activities for the cleanupof the site* EPA is nearing the completion of the design of the remedialactivities at the site and is planning to conduct the implementation of theseactivities during the Spring of 1987. A copy of the ROD is also enclosed.

In addition to the above action, you may be asked at a later date toundertake, or may be liable for, any additional corrective measures necessaryto protect public health, welfare, or the environment. Such measures mayinclude, but are not limited to, providing any monitoring and maintenancenecessary after remedial measures are completed.

* Additionally, hazardous wastes stored at Simon Wrecking facilities fromlate 1977 to September 1978 may have been hauled to and disposed at thethe Old Forge Landfill daring the period from September to December 1978.

^200/63

Page 53: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

EPA will consider an immediate offer from you to conduct or participatein the remedial plan. You should notify EPA, in writing, within 15 calendardays from the receipt of this letter, of your willingness to conduct orparticipate in the implementation of the remedial plan. Otherwise, EPAwill assume that you decline any involvement in this activity and willproceed with the preparation of the design of the remedial project. TheNortheast Landfill Steering Committee has been established to representall potentially responsible parties in communicating and negotiating withthe Agency.

You should immediately indicate to the Agency the appropriate name,address, and telephone number for further contact with you. If you arealready involved in discussions with state or local authorities, engagedin voluntary action, or involved in a lawsuit regarding this site, youshould continue such activities as you see fit; you should not interpretthis letter to advise or direct you to restrict or discontinue any suchactivities. You should report, however, the status of those discussionsor that action in your letter. Please provide a copy of your letter toany parties involved in those discussions.

Your letter should be sent to:

Heather Winett, EsquireOffice of Regional CounselUS Environmental Protection Agency841 Chestnut Building, 8th FloorPhiladelphia, PA 19107

If you need further information, Ms. Winett is the attorney in charge ofthis case, and Jack Kelly is the technical person. Ms. Winett*s telephonenumber is (215) 597-0899; Mr. Kellyfs telephone number is (215) 597-3168.

EPA would like to encourage good faith negotiations between you and theAgency and among you and other parties potentially responsible for the contami-nation at the Old Forge Landfill. The names of the other potentially responsibleparties may be revealed to you if you specifically request such information inwriting. The Northeast Landfill Steering Committee's co-chairperson, Alan Ertel,can be contacted at (717)326-2814.

• -Your response to this letter should include information indicating whetheror not your company is insured for any damages resulting from the release ofhazardous wastes and/or hazardous substances. You should supply us with copiesof all insurance policies both currently in effect, and in effect during 1978and 1979. Your obligation to respond to the request for insurance information

Page 54: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

(as authorized by Section 104(e) of CERCLA and Section 3007 of RCRA) shouldbe considered separate and distinct from your reply relating to participationin cleanup activities at the site. Such response should be submittedwithin 15 calendar days.

The factual and legal discussions contained in this letter are intendedsolely for notification and information purposes. They are not intended to beand can not be relied upon as a final Agency position on any natter set forthherein.

Due to the seriousness of the problem at this site and the attendant legalramifications, the Agency strongly encourages you to submit a written responsewithin the timeframe previously indicated. We hope that you will give thesematters your immediate attention.

Stephen R. Wassersug, DireeTtoiHazardous Waste ManagementvDfvision

Enclosures (2)

cc: Donald Lazarchik, P.E. DirectorPennsylvania Bureau of Solid Waste Management

Heather Winett, Esquire - EPA Region III

Alan Ertel, EsquirePEP Steering Conmittee

Glenn Traigo

^ ^ :c '.-^ '%-- M200J 65

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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY\ REGION IIIS/ 841 Chestnut Building

Philadelphia, Pennsylvania 19107

MAY i 6 1966CERTIFIED MAILRETURN RECEIPT REQUESTED

Gil Durkee, PresidentRola Company1 Meter StreetPunxsutawney, PA 15767 .

Re: Old Forge Landfill*Lackawanna County, PA

Dear Mr. Durkee:

The United States Environmental Protection Agency (EPA) is consideringspending public funds to take corrective action for the control of releasesand threat of releases of hazardous substances at the above referenced site.Unless EPA determines that a responsible party will properly perform suchactions, EPA intends to do so pursuant to Section 104 and other provisionsof the Comprehensive Environmental Response, Compensation, and LiabilityAct of 1980 (CERCLA), 42 U.S.C. S 9601 et seq .

Under Sections 106(a) and 107(a) of CERCLA and other laws, responsibleparties may be obligated to implement any needed relief actions determinedby EPA and may also be liable for all costs incurred by the government inresponding to any release or threatened release at the site. Such costs caninclude, but are not limited to, expenditures for Investigation, planning,cleanup of the site and enforcement. By this letter, EPA notifies you ofyour potential liability with regard to this matter and encourages you tovoluntarily undertake cleanup activities, which will be overseen by EPA.

Responsible parties under CERCLA include current owners and operators,past owners and operators at the time of disposal, and persons who generatedthe hazardous substances or were involved in the transport, treatment, ordisposal of them. Based on information obtained by EPA, we have reason tobelieve that your company is a responsible party.

*Also known as Northeast Landfill , lacavazzl Landfill, Lackawanna Landfilland Scranton Yard.

1R200I66

Page 56: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

EPA has reason to believe that your company did, by contract, agreement,or otherwise, arrange for transport for disposal, treatment, or storage ofhazardous substances at the Old Forge Landfill during portions of theperiod from September 1, 1978 to December 27, 1978.* Following is the basisof EPA's determination:

l» An analysis of records received from your company and/or Simon WreckingCompany indicates that your company was a customer of Simon Wrecking sometimeduring the period from January 1, 1978 to December 27, 1978 for the transportof wastes containing hazardous substances. The information contained in thethe enclosed report, Preliminary Summary of Simon Wrecking Company's Transactionswith the Old Forge Landfill, along with the testimony referred to in (2) below,indicate that these wastes were most likely hauled to and disposed of at theOld Forge Landfill.

2. Testimony presented at the hearings before the Commonwealth of Pennsyl-vania's Environmental Hearing Board (EHB) in Wilkes-Barre, PA (March 27, 1979),and before District Magistrate James McHale in Clarks Summit, PA (August 22,1980) revealed that Siaon Wrecking Company's locations in Williamsport andTemple, PA were pick-up sites for the transportation to and disposal of chemicalwastes at the Old Forge Landfill during the period from September 1, 1978 toDecember 27, 1978.

EPA has determined that there has been a release of hazardous substances(as defined by Section 101(14) of CERCLA and listed in 40 C.F.R. Part 302)from the above referenced facility. Sampling analyses of barrels containingliquids, sludges, and solids removed from the landfill have revealed significantconcentrations of organic and metal pollutants (i.e. hazardous substances).In addition, surface water, ground water, and soil samples from on site locationsreveal that these hazardous substances are contaminating the immediate landfillvicinity. There is a genuine concern that contaminants will migrate off siteand pose an additional threat to human health and the environment. The Agencywill, upon request, discuss this information with you and will provide additionalinformation on the nature and extent of the threatened release.

On March 22, 1985 the Acting Regional Administrator signed the Record ofDecision (ROD) which sets forth the selected remedial activities for the cleanupof the site, EPA is nearlng the completion of the design of the remedialactivities at the site and is planning to conduct the implementation of theseactivities during the Spring of 1987. A copy of the ROD is also enclosed.

In addition to the above action, you may be asked at a later date toundertake, or may be liable for, any additional corrective measures necessaryto protect public health, welfare, or the environment. Such measures mayInclude, but are not limited to, providing any monitoring and maintenancenecessary after remedial measures are completed.

* Additionally, hazardous wastes stored at Simon Wrecking facilities fromlate 1977 to September 1978 may have been hauled to and disposed at thethe Old Forge Landfill during the period from September to December 1978.

Page 57: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

EPA will consider an immediate offer from you to conduct or participatein the remedial plan. You should notify EPA, in writing, within 15 calendardays from the receipt of this.letter, of your willingness to conduct orparticipate in the implementation of the remedial plan. Otherwise, EPAwill assume that you decline any involvement in this activity and willproceed with the preparation of the design of the remedial project. TheNortheast Landfill Steering Committee has been established to representall potentially responsible parties in communicating and negotiating withthe Agency*

You should immediately indicate to the Agency the appropriate name,address, and telephone number for further contact with you. If you arealready involved in discussions with state or local authorities, engagedin voluntary action, or involved in a lawsuit regarding this site, youshould continue such activities as you see fit; you should not interpretthis letter to advise or direct you to restrict or discontinue any suchactivities. You should report, however, the,status of those discussionsor that action in your letter. Please provide a copy of your letter toany parties involved in those discussions.

Your letter should be sent to:

Heather Winett, EsquireOffice of Regional CounselUS Environmental Protection Agency841 Chestnut Building, 8th FloorPhiladelphia, PA 19107

If you need further information, Ms. Winett is the attorney in charge ofthis case, and Jack Kelly is the technical person. Ms. Winett's telephonenumber is (215) 597-0899; Mr. Kelly's telephone number is (215) 597-3168.

EPA would like to encourage good faith negotiations between you and theAgency and among you and other parties potentially responsible for the contami-nation at the Old Forge Landfill. The names of the other potentially responsibleparties may be revealed to you if you specifically request such information inwriting. The Northeast Landfill Steering Committee's co-chairperson, Alan Ertel,can be contacted at (717)326-2814.

*

Your response to this letter should include information indicating whetheror not your company is insured for any damages resulting from the release ofhazardous wastes and/or hazardous substances. You should supply us with copiesof all insurance policies both currently in effect, and in effect during 1978and 1979. Your obligation to respond to the request for insurance information

Page 58: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

(as authorized by Section 104(e) of CERCIA and Section 3007 of RCRA) shouldbe considered separate and distinct from your reply relating to participationin cleanup activities at the site. Such response should be submittedwithin 15 calendar days*

Ihe factual and legal discussions contained in this letter are intendedsolely for notification and information purposes. They are not intended to beand can not be relied upon as a final Agency position on any matter set forthherein.

Due to the seriousness of the problem at this site and the attendant legalramifications, the Agency strongly encourages you to submit a written responsewithin the tirneframe previously indicated. We hope that you will give thesematters your immediate attention.

Sincerely

atephen R. Wassersug,Hazardous Waste Management

Enclosures (2)

ccs Donald lazarchik, P.E. DirectorPennsylvania Bureau of Solid Waste Management

Heather Winett, Esquire - EPA Region III

Alan Ertel, EsquirePRP Steering Oopmittee

Richard F. RicciLowenstein, Sandier, Brochin,"Kohl, Fisher, Boylan & Meaner

Page 59: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

UN|TED STATES ENVIRONMENTAL PROTECTION AGENCYREGION III

841 Chestnut BuildingPhiladelphia, Pennsylvania 19107

" MAY 16 1986CERTIFIED MAILRETURN RECEIPT REQUESTED

Nicholas Pelick, PresidentSupelco, Inc.Stpelco ParkBeliefonte, PA 16823

Re: Old Forge Landfill*Lackawanna County, PA

Dear fir. Pelick:

The United States Environmental Protection Agency (EPA) is consideringspending public funds to take corrective action for the control of releasesand threat of releases of hazardous substances at the above referenced site.Unless EPA determines that a responsible party will properly perform suchactions, EPA intends to do so pursuant to Section 104 and other provisionsof the Comprehensive Environmental Response, Compensation, and LiabilityAct of 1980 (CERCIA), 42 U.S.C. S 9601 et sea .

Under Sections 106(a) and 107(a) of CERCIA and other laws, responsibleparties may be obligated to implement any needed relief actions determinedby EPA and may also be liable for all costs incurred by the government inresponding to any release or threatened release at the site. Such costs caninclude, but are not limited to, expenditures for investigation, planning,cleanup of the site and enforcement. By this letter, EPA notifies you ofyour potential liability with regard to this matter and encourages you tovoluntarily undertake cleanup activities, which will be overseen by EPA.

Responsible parties under CERCIA include current owners and operators,past owners and operators at the time of disposal, and persons who generatedthe hazardous substances or were involved in the transport, treatment, ordisposal of them. Based on information obtained by EPA, we have reason tobelieve that your company is a responsible party.

*Also known as Northeast Landfill, lacavazzi Landfill, Lackawanna Landfilland Scranton Yard.

Page 60: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

EPA has reason to believe that your company did, by contract, agreement,or otherwise, arrange for transport for disposal, treatment, or storage ofhazardous substances at the Old. Forge Landfill during portions of theperiod from September 1, 1978 to December 27, 1978.* Following is the basisof EPA's determination:

1. An analysis of records received from your company and/or Simon WreckingCompany indicates that your company was a customer of Simon Wrecking sometimeduring the period from January 1, 1978 to December 27, 1978 for the transportof wastes containing hazardous substances. The information contained in thethe enclosed report, Preliminary Summary of Simon Wrecking Company's Transactionswith the Old Forge Landfill, along with the testimony referred to in (2) below,indicate that these wastes were most likely hauled to and disposed of at theOld Forge Landfill.

2. Testimony presented'at the hearings before the Commonwealth of Pennsyl-vania's Environmental Hearing Board (EHB) in Wilkes-Barre, PA (March 27, 1979),and before District Magistrate James McHale in Clarks Summit, PA (August 22,1980) revealed that Simon Wrecking Company's locations in Williamsport andTemple, PA were pick-up sites for the transportation to and disposal of chemicalwastes at the Old Forge Landfill during the period from September 1, 1978 toDecember 27, 1978.

EPA has determined that there has been a release of hazardous substances(as defined by Section 101(14) of CERCLA and listed in 40 C.F.R. Part 302)from the above referenced facility. Sampling analyses of barrels containingliquids, sludges, and solids removed from the landfill have revealed significantconcentrations of organic and metal pollutants (i.e. hazardous substances).In addition, surface water, ground water, and soil samples from on site locationsreveal that these hazardous substances are contaminating the immediate landfillvicinity. There is a genuine concern that contaminants will migrate off siteand pose an additional threat to human health and the environment. The Agencywill, upon request, discuss this information with you and will provide additionalinformation on the nature and extent of the threatened release.

On March 22, 1985 the Acting Regional Administrator signed the Record ofDecision (ROD) which sets forth the selected remedial activities for the cleanupof the site. EPA is nearing the completion of the design of the remedialactivities at the site and is planning to conduct the implementation of theseactivities during the Spring of 1987 . A copy of the ROD is also enclosed.

In addition to the above action, you may be asked at a later date toundertake, or may be liable for, any additional corrective measures necessaryto protect public health, welfare, or the environment. Such measures mayInclude, but are not limited to, providing any monitoring and maintenancenecessary after remedial measures are completed.

* Additionally, hazardous wastes stored at Simon Wrecking facilities fromlate 1977 to September 1978 may hare been hauled to and disposed at thethe Old Forge Landfill during the period from September to December 1978.

D O

Page 61: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

EPA will consider an immediate offer from you to conduct or participatein the remedial plan. You should notify EPA, in writing, within 15 calendardays from the receipt of this letter, of your willingness to conduct orparticipate in the implementation of the remedial plan. Otherwise, EPAwill assume that you decline any involvement in this activity and willproceed with the preparation of the design of the remedial project. TheNortheast Landfill Steering Committee has been established to representall potentially responsible parties in communicating and negotiating withthe Agency.

You should immediately indicate to the Agency the appropriate name,address, and telephone number for further contact with you. If you arealready involved in discussions with state or local authorities, engagedin voluntary action, or involved in a lawsuit regarding this site, youshould continue such activities as you see fit; you should not interpretthis letter to advise or direct you to restrict or discontinue any suchactivities. You should report, however, the status of those discussionsor that action in your letter. Please provide a copy of your letter toany parties involved in those discussions. •

Your letter should be sent to:

Heather Winett, EsguireOffice of Regional CounselUS Environmental Protection Agency841 Chestnut Building, 8th FloorPhiladelphia, PA 19107

If you need further information, Ms. Winett is the attorney in charge ofthis case, and Jack Kelly is the technical person. Ms. Winett's telephonenumber is (215) 597-0899; Mr. Kelly's telephone number is (215) 597-3168.

EPA would like to encourage good faith negotiations between you and theAgency and among you and other parties potentially responsible for the contami-nation at the Old Fbrge landfill. The names of the other potentially responsibleparties may be revealed to you if you specifically request such information inwriting. The Northeast Landfill Steering Committee's co-chairperson, Alan Ertel,can be contacted at (717)326-2814.

Your response to this letter should include information indicating whetheror not your company is insured for any damages resulting from the release ofhazardous wastes and/or hazardous substances. You should supply us with copiesof all insurance policies both currently in effect, and in effect during 1978and 1979. Your obligation to respond to the request for insurance information

Ililii ^

Page 62: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

(as authorized by t ction 104(e) of CERCLA and Section 3007 of RCRA) shouldbe considered separate and distinct from your reply relating to participationin cleanup activities at the site. Such response should be submittedwithinJLS calendar days*

The factual and legal discussions contained in this letter are intendedsolely for notification and information purposes. They are not intended to beand can not be relied upon as a final Agency position on any matter set forthherein.

Due to the seriousness of the problem at this site and the attendant legalramifications, the Agency strongly encourages you to submit a written responsewithin the timeframe previously indicated. We hope that you will give thesematters your immediate attention.

Sincerely,

Stephen R. Wassersug, DirectorHazardous Waste Management Division

Enclosures (2)

ccs Donald Lazarchik, P.E. DirectorPennsylvania Bureau of Solid Waste Management

Heather Winett, Esquire - EPA Region III

Alan Ertel, EsquirePRP Steering Ccntnittee

Lloyd A. Wiitting, PH.D.Regulatory Ocmpliance Specialist

flR200173

Page 63: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

UNITED STATES ENVIRONMENTAL PROTECTION AGENCYREGION III

841 Chestnut BuildingPhiladelphia, Pennsylvania 19107

CERTIFIED MAIL MAY 1 «RETURN RECEIPT REQUESTED

John Luke, PresidentWestvaco CorporationWestvaco Building299 Park AvenueNew York, NY 10171

Re: Old Forge Landfill*Lackawanna County, PA

Dear Mr. Luke:

The United States Environmental Protection Agency (EPA) is consideringspending public funds to take corrective action for the control of releasesand threat of releases of hazardous substances at the above referenced site.Unless EPA determines that a responsible party will properly perform suchactions, EPA intends to do so pursuant to Section 104 and other provisionsof the Comprehensive Environmental Response, Compensation, and LiabilityAct of 1980 (CERCLA), 42 U.S.C. § 9601 et seq .

Under Sections 106(a) and 107(a) of CERCLA and other laws, responsibleparties may be obligated to implement any needed relief actions determinedby EPA and may also be liable for all costs incurred by the government inresponding to any release or threatened release at the site. Such costs caninclude, but are not limited to, expenditures for investigation, planning,cleanup of the site and enforcement. By this letter, EPA notifies you ofyour potential liability with regard to this matter and encourages you tovoluntarily undertake cleanup activities, which will be overseen by EPA.

Responsible parties under CERCLA include current owners and operators,past owners and operators at the time of disposal, and persons who generatedthe hazardous substances or were inyolved in the transport, treatment, ordisposal of them. Based on information obtained by EPA, we have reason tobelieve that your company is a responsible party.

*Also known as Northeast Landfill, lacavazzi Landfill, Lackawanna Landfilland Scranton Yard.

7/4

Page 64: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

EPA has reason to believe that your company did, by contract, agreement,or otherwise, arrange for transport for disposal, treatment, or storage ofhazardous substances at the Old Forge Landfill during portions of theperiod from September 1, 1978 to December 27, 1978.* Following is the basisof EPA's determination:

1. An analysis of records received from your company and/or Simon WreckingCompany indicates that your company was a customer of Simon Wrecking sometimeduring the period from January 1, 1978 to December 27, 1978 for the transportof wastes containing hazardous substances. The information contained in thethe enclosed report, Preliminary Summary of Simon Wrecking Company's Transactionswith the Old Forge Landfill, along with the testimony referred to in (2) below,indicate that these wastes were most likely hauled to and disposed of at theOld Forge Landfill.

2. Testimony presented at the hearings before the Commonwealth of Pennsyl-vania's Environmental Hearing Board (EHB) in Wilkes-Barre, PA (March 27, 1979),and before District Magistrate James McHale in Clarks Summit, PA (August 22,1980) revealed that Simon Wrecking Company's locations in Williamsport andTemple, PA were pick-up sites for the transportation to and disposal of chemicalwastes at the Old Forge Landfill during the period from September 1, 1978 toDecember 27, 1978.

EPA has determined that there has been a release of hazardous substances(as defined by Section 101(14) of CERCLA and listed in 40 C.F.R. Part 302)from the above referenced facility. Sampling analyses of barrels containingliquids, sludges, and solids removed from the landfill have revealed significantconcentrations of organic and metal pollutants (i.e. hazardous substances).In addition, surface water, ground water, and soil samples from on site locationsreveal that these hazardous substances are contaminating the immediate landfillvicinity. There is a genuine concern that contaminants will migrate off siteand pose an additional threat to human health and the environment. The Agencywill, upon request, discuss this Information with you and will provide additionalinformation on the nature and extent of the threatened release.

On March 22, 1985 the Acting Regional Administrator signed the Record ofDecision (ROD) which sets forth the selected remedial activities for the cleanupof the site. EPA is nearing the completion of the design of the remedialactivities at the site and is planning to conduct the implementation of theseactivities during the Spring of 1987. A copy of the ROD is also enclosed.

In addition to the above action, you may be asked at a later date toundertake, or aay be liable for, any additional corrective measures necessaryto protect public health, welfare, or the environment. Such measures mayinclude, but are not limited to, providing any monitoring and maintenancenecessary after resedlal measures are completed.

* Additionally, hazardous wastes stored at Simon Wrecking facilities fromlate 1977 to September 1978 may have been hauled to and disposed at thethe Old Forge Landfill during the period from September to December 1978.

. r \V; •* t;:; ; • *\ * . A.R2.00I75

Page 65: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

EPA will consider an immediate offer from you to conduct or participatein the remedial plan. You should notify EPA, in writing, within 15 calendardays from the receipt of this letter, of your willingness to conduct orparticipate in the implementation of the remedial plan. Otherwise, EPAwill assume that you decline any involvement in this activity and willproceed with the preparation of the design of the remedial project. TheNortheast Landfill Steering Committee has been established to representall potentially responsible parties in communicating and negotiating withthe Agency.

You should immediately indicate to the Agency the appropriate name,address, and telephone number for further contact with you. If you arealready Involved in discussions with state or local authorities, engagedin voluntary action, or involved in a lawsuit regarding this site, youshould continue such activities as you see fit; you should not interpretthis letter to advise or direct you to restrict or discontinue any suchactivities. You should report, however, the status of those discussionsor that action in your letter. Please provide a copy of your letter toany parties involved in those discussions.

Your letter should be sent to:

Heather Wiirett, EsquireOffice of Regional CounselUS Environmental Protection Agency841 Chestnut Building, 8th FloorPhiladelphia, PA 19107

If you need further information, Ms. Winett is the attorney in charge ofthis case, and Jack Kelly is the technical person. Ms. Winett's telephonenumber is (215) 597-0899; Mr. Kelly's telephone number is (215) 597-3168.

EPA would like to encourage good faith negotiations between you and theAgency and among you and other parties potentially responsible for the contami-nation at the Old Forge Landfill. The names of the other potentially responsibleparties may be revealed to you if you specifically request such information inwriting. The Northeast Landfill Steering Committee's co-chairperson, Alan Ertel,can be contacted at (717)326-2814.

Your response to this letter should include information Indicating whetheror not your company is insured for any damages resulting from the release ofhazardous wastes and/or hazardous substances. You should supply us with copiesof all insurance policies both currently in effect, and in effect during 1978and 1979. Your obligation to respond to the request for insurance information

1R200I76

Page 66: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

(as authorized by Section 104(e) of CERCLA and Section 3007 of RCRA) shouldbe considered separate and distinct from your reply relating to participationin cleanup activities at the site. Such response should be submittedwithin 15 calendar days.

The factual and legal discussions contained in this letter are intendedsolely for notification and information purposes. They are not intended to beand can not be relied upon as a final Agency position on any matter set forthherein.

Due to the seriousness of the problem at this site and the attendant legalramifications, the Agency strongly encourages you to submit a written responsewithin the tiaefrarae previously indicated. We hope that you will give thesematters your immediate attention.

Sincerely

Stephen R. Wassersug, Director//Hazardous Waste Management Division

Enclosures (2)

cc: Donald Lazarchik, P.E. DirectorPennsylvania Bureau of Solid Waste Management

Heather Hinett, Esquire - EPA Region III

Alan Ertel, EsquirePRP Steering Committee

• - O.B. Burns, Jr., Vice President & DirectorCorporate Environmental Activities

flfl200/77

Page 67: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

,sszUNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IIIr> 841 Chestnut Building* Philadelphia, Pennsylvania 19107

CERTIFIED MAIL MAY 1 6 1986RETURN RECEIPT REQUESTED

Jerry Perlman, PresidentZenith Electronics Corporation1000 Milwaukee Ave.Glenview, Illinois 60025-2493

Re: Old Forge Landfill*Lackawanna County, PA

Dear Mr. PerImam:

The United States Environmental Protection Agency (EPA) is consideringspending public funds to take corrective action for the control of releasesand threat of releases of hazardous substances at the above referenced site.Unless EPA determines that a responsible party will properly perform suchactions, EPA intends to do so pursuant to Section 104 and other provisionsof the Comprehensive Environmental Response, Compensation, and LiabilityAct of 1980 (CERCLA), 42 U.S.C. S 9601 et seq .

Under Sections 106(a) and 107(a) of CERCLA and other laws, responsibleparties may be obligated to implement any needed relief actions determinedby EPA and may also be liable for all costs incurred by the government inresponding to any release or threatened release at the site. Such costs caninclude, but are not limited to, expenditures for investigation, planning,cleanup of the site and enforcement. By this letter, EPA notifies you ofyour potential liability with regard to this matter and encourages you tovoluntarily undertake cleanup activities, which will be overseen by EPA.

Responsible parties under CERCLA include current owners and operators,past owners and operators at the time of disposal, and persons who generatedthe ..hazardous substances or were Involved in the transport, treatment, ordisposal of them. Based on information obtained by EPA, we have reason tobelieve that your company is a responsible party.

*Also known as Northeast Landfill, lacavazzl Landfill, Lackawanna Landfilland Scranton Yard.

fl.R200l78

Page 68: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

EPA has reason to believe that your company did, by contract, agreement,or otherwise, arrange for transport for disposal, treatment, or storage ofhazardous substances at the Old Forge Landfill during portions of theperiod from September 1, 1978 to December 27, 1978.* Following is the basisof EPA1s determination:

1. An analysis of records received from your company and/or Simon WreckingCompany indicates that your company was a customer of Simon Wrecking sometimeduring the period from January 1, 1978 to December 27, 1978 for the transportof wastes containing hazardous substances. The information contained in thethe enclosed report, Preliminary Summary of Simon Wrecking Company's Transactionswith the Old Forge Landfill, along with the testimony referred to in (2) below,indicate that these wastes were most likely hauled to and disposed of at theOld Forge Landfill.

2. Testimony presented*at the hearings before the Commonwealth of Pennsyl-vania's Environmental Hearing Board (EHB) in Wllkes-Barre, PA (March 27, 1979),and before District Magistrate James McHale in Clarks Summit, PA (August 22,1980) revealed that Simon Wrecking Company's locations in Williamsport andTemple, PA were pick-up sites for the transportation to and disposal of chemicalwastes at the Old Forge Landfill during the period from September 1, 1978 toDecember 27, 1978.

EPA has determined that there has been a release of hazardous substances(as defined by Section 101(14) of CERCLA and listed in 40 C.F.R. Part 302)from the above referenced facility. Sampling analyses of barrels containingliquids, sludges, and solids removed from the landfill have revealed significantconcentrations of organic and metal pollutants (i.e. hazardous substances).In addition, surface water, ground water, and soil samples from on site locationsreveal that these hazardous substances are contaminating the immediate landfillvicinity* There is a genuine concern that contaminants will migrate off siteand pose an additional threat to human health and the environment. The Agencywill, upon request, discuss this information with you and will provide additionalinformation on the nature and extent of the threatened release.

On March 22, 1985 the Acting Regional Administrator signed the Record ofDecision (ROD) which sets forth the selected remedial activities for the cleanupof the site. EPA is nearing the completion of the design of the remedialactivities at the site and is planning to conduct the implementation of theseactivities during the Spring of 1987. A copy of the ROD is also enclosed.

In addition to the above action, you may be asked at a later date toundertake, or may be liable for, any additional corrective measures necessaryto protect public health, welfare, or the environment. Such measures mayinclude, but are not limited to, providing any monitoring and maintenancenecessary after remedial measures are completed*

* Additionally, hazardous wastes stored at Simon Wrecking facilities fromlate 1977 to September 1978 Bay have been hauled to and disposed at thethe Old Forge Landfill during th« period froa September to December 1978.

M200 I 79

Page 69: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

EPA will consider an immediate offer from you to conduct or participatein the remedial plan. You should notify EPA, in writing, within 15 calendardays from the receipt of this letter, of your willingness to conduct orparticipate in the implementation of the remedial plan. Otherwise, EPAwill assume that you decline any involvement in this activity and willproceed with the preparation of the design of the remedial project. TheNortheast Landfill Steering Committee has been established to representall potentially responsible parties in communicating and negotiating withthe Agency.

You should immediately indicate to the Agency the appropriate name,address, and telephone number for further contact with you. If you arealready involved in discussions with state or local authorities, engagedin voluntary action, or involved in a lawsuit regarding this site, youshould continue such activities as you see fit; you should not interpretthis letter to advise or direct you to restrict or discontinue any suchactivities. You should report, however, the status of those discussionsor that action in your letter. Please provide a copy of your letter toany parties involved in those discussions.

Your letter should be sent to:

Heather Winett, EsquireOffice of Regional CounselUS Environmental Protection Agency841 Chestnut Building, 8th FloorPhiladelphia, PA 19107

If you need further information, Ms. Winett is the attorney in charge ofthis case, and Jack Kelly is the technical person. Ms. Winettfs telephonenumber is (215) 597-0899; Mr. Kelly's telephone number is (215) 597-3168.

EPA would like to encourage good faith negotiations between you and theAgency and among you and other parties potentially responsible for the contami-nation at the Old Forge Landfill. The names of the other potentially responsibleparties nay be revealed to you if you specifically request such information inwriting. The Northeast Landfill Steering Committee's co-chairperson, Alan Ertel,can be contacted at (717)326-2814.

Your response to this letter should include information indicating whetheror not your company is insured for any damages resulting from the release ofhazardous wastes and/or hazardous substances. You should supply us with copiesof all insurance policies both currently in effect, and in effect during 1978and 1979. Your obligation to respond to the request for insurance Information

-,-..: •;;;•;-;- ';i!-A it ; u:5 .f uu./ 80

Page 70: P.O. Box E · Betty Brite Cleaners 1564 Main Street Peckville, PA 18452 3. Dudley C. Phillips Senior Vice President & General Counsel Bangor Punta Corporation One Greenwich Plaza

(as authorized by Section 104(e) of CERCLA and Section 3007 of RCRA) shouldbe considered separate and distinct from your reply relating to participationin cleanup activities at the site. Such response should be submittedwithin 15 calendar days*

The factual and legal discussions contained in this letter are intendedsolely for notification and information purposes. They are not intended to beand can not be relied upon as a final Agency position on any matter set forthherein.

Due to the seriousness of the problem at this site and the attendant legalramifications, the Agency strongly encourages you to submit a written responsewithin the tiaeframe previously indicated. We hope that you will give thesematters your immediate attention.

Si/lcerely, W

Vs4~0-&V*~ee4Stephen R."Wassersug, DirectoryHazardous Waste Management Di-vision

Enclosures (2)

cc: Donald Lazarchik, P.E. DirectorPennsylvania Bureau of Solid Waste Management

Heather Winett, Esquire - EPA Region III

Alan Ertel, EsquirePRP Steering Committee

John Van Zeyl,. „Senior Attorney-Litigation