) II, q , 101

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY flltGtONI

-' ·' · KENNEDY ;EDEAALIUILDING, BOSTON, MASSACHUSmS02203

URGENT LEGAL SUBJECT MATTER - PROMPT REPLY NECESSARY

CERTIFIED MAIL - RETURN RECEIPT REQUESTED

OCtober 8, 1982

President or General Planager Moore Buaineaa Forma 121 Broadway Dover, NB 03820

Dear Sir or Madama

Rea Keefe Environmental Services hazardous vaate treatment facility in Epping, New Bupahire

~~!:.~;t!:~ ~:c~~ :t!!~ r.:.0~n~U:::~~i~ !~:~!~~!~nt~i~hyi~~ above-referenced hazardous vaate treatment facility aM to re­quest your aaabtance in cleanup activities at the aite.

The o.s. !nvironaental Protection Agency (EPA) baa detenained that an actual release or a substantial threat of a release of hazardous aubatancea, aa defined in Section 101 of the Ccapre­henaive EnvironMntal Reaponae, Coapenaation, and Liability Act

:~ i::o~~!.~;:t;;.:~:~i:~t!~01di ttl !~~~·p~:~i~~~~=d in emergency anti planned r.-oval activi tiea in reaponae to iame­diate environmental hazard• on the aite. In addition, EPA and the State of New Bupahire are about to enter a Cooperative Agreement to conduct the longer ter• remedial phaaea of the aite cleanup. Thil Cooperative Agreement will provide fundihgfor a ite aecuri ty and maintenance, removal of waatea atored in surface containers on the aite, remedial investigation• of a ite concHtiona, and feaaibility a tudiea of the alternative long term remec.'Ual activitiea indicated by the re•dial inveatiga­tiona. Finally, long ter• remedial actiona may be undertaken, including remedial design, remedial construction, operation and r:~aintenance, as required by aite conditiona. These response activities are authorized by Section 104(a)(l) of CERCLA.

Onder CERCLA, certain reaponaible parties 11ay be liable for money expended for response activities at the site, including investigation, planning, cleanup measures, and enforcement. Potentially liable responsible parties include the current owners or operators of the site, past owners or operators,

) -2­

an~ persona who generated or tranaporte~ the hazardoua aub­atancea that were tr~atetl or Cliapoaed of at the aite.

!PA baa conducted a review of company recorda of the now-defunct operator of the aite, J:eefe !nviroruaerital Servicea, Inc. These recorda include account• receivable ledgera, ahipping manifeata, and court-ordered periodic reports to 1tate agencies. Baaed on t.hia review, EPA believes that your company may be a reaponaible party with respect to thil aite and that your company may there­fore be liable for public funds expended in reaponae activitiea at the aite. Before EPA undertakes further reaponae activitiea currently scheduled to begin on November 16, 1982, we deaire to

~~i~~::~y"t~o~~:.:~r~r~~;·.::~;~i ~!~!:!:~; rou~.::~~L~• hazardoua waate problema preaently found at thia aite.

EPA ia preaently conducting negotiationa, which began on October 4, 1982, with a number of other partiea regarding their poaaible involvement in cleanup activitiea on the lite. EPA did not in­volve you in thia round of negotiation• becauae reliable infor­ution connecting your company to the aite haa only recently came to the attention of EPA. The initial focua of theae nego­tiation• ia the poaaible performance, by reaponaible partiea, of the aurface barrel ruoval ·activitiea ache4uled to begin on November 16, 1982. Becauae of the poaaibility that delay in barrel ruoval activitiea uy reault in further deterioration of lite conditione due to the rigora of winter weather, EPA ia

. 1 unable to delay the 1tart of theae ectivitiea beyond November 16• . Thua, if your CClllpany 11 intereated in participeting_in thet por­tion of the ongoing negotiation• concerning the performance of barrel re-.oval activitiel by re1ponaible partiea rather than by EPA, your immediate inc!icetion of auch intereat ia nece1aary. Pleaae notify EPA, in writing, no later than October 18, 1982

-~~n~~i:;a'~h~Y;!r~~~!!~:·~~ :r~:lt:~~:!i !:ti:f~t!:t~~n:c-cordance with the1e ti111 requirementl. If your written re­aponae indicating your intere1t in participating in thia por­tion of the ongoing negotietione ia not received by October 18, 1982, we will aaaume that your company hal declined to under­tAke voluntary reaponae activitiea .

In addition to the negotiation• juat cHacuaaed, EPA i1 engaged

~f ~~:!i~~!~~·i:~~~r!~a~n:~~1!n~~;~~~~o~~:~~~~~e;e~6v~;{e, recovery of thole costa projected to be incurre4 by EPA under the Cooperative Agreement deacribed above, and appropriate covenants not to aue for coat recovery for thoae companies who are parties to the aettlement. If your company wiahea to pur­

~~:ciAn:o~~~;;dl;::o!i~~0;e:~~~·tr~hi!i:lt!!·~~!;tln:~:!-ment in these ongoing negotiations will be required.

) -3­

lec:auae the timing or thil portion of the negotiation• ia unconatrained by winter weather conditiona, EPA will con­tinue negotiating to reach a coat recovery aettlement until January 15, 1983. However, in order to aaaure your timely involvement in the negotiaUona now in progreaa, a written reaponae indicating your caapany'a interest in PArticipat ing· in thia portion of the negotiation• muat be received by October 18, 1982. If no written reaponae ia received by EPA by thia date, we will aaaaume that your company baa cSeclineCI to participate in voluntary reaponae activities or in any negotiated reaolution of the environmental hazards on the aite.

Your reaponae incHcatinq intereat in participating in either of theae negotiation proceaaea ahould indicate the name, addreaa, and telephone number of an appropriate company official for further contact on thia matter. It ahould a lao include a atate­Nnt of the type and the extent of the activitiea your company aay be willing to undertake. Where your company il already in­volved in diacuaaiona with atate or local authoritiea, or ia engaged in voluntary action to clean up the aite , theae activi­tiea ahould be continued and their atatua ahould be r eported in your letter. Your letter ahould be aent toa

!. Michael Thoaaa, Attorney o.s. EnVil'onmental Pr'otection Agency Ofice of Regional Counael JFI Bu114ing, ROCIII 2203 loaton, MA 02203

In order to aaaiat you in evaluating your alternative• in this abbreviated tillle period, we are encloaing vith thia letter a copy of the aaterial that vaa provided to the poten­tially responsible parties vho attended the October 4 aeeting that initiated negotiations on these matters. We are alao enclosing a text of the presentation• made by EPA at that meeting. Aa thia material indicatea, !PA ia encouraging the potentially reaponaible partiea to form a committee to repre­sent the in negotiations with !PA. Aa an inter!• Maaure prior to the poaaible establishment of a ne9otiating COIIIJIIittee,

~:ea~nf!~~~m:~~~~ ~~~~~:~~:!lhr:e:::;~bi!lr~i!!~·o~a~~.••t Davidson Rubber Division, Dover, New Bampahire, to coordinate information flow between EPA and the potentially reaponaible partiea. If your response to thia letter indicates a villing­neaa to negotiate with EPA on these matters, we will forward your reaponae to Mr. Williams or to the appropriate negotiating l'tpreaentative ao that you may become integrated into the on­90ing committee . structure and negotiation proceas aa quickly

·aa possible.

,, " "' "' 01'1

"'~"' 22 ~<

"'~ -4:0 :00 l>Z

~ "' ""' "' <2

"' ""' :or " 011> 0 1'1 "' ~~

0

"' "'

-·- -.. -· ­

If you need further inforaation, Mr. T'hoaaa can be reached by tolephono at (617) 223-0400.

Sincerely youra,

Merrill s. Bohman, Director waate Management Diviaion

cca Regional Counael, Region I Director, Office of !JH:rgency and Remedial Reaponae Director, Office of Waate Pr09rua Enforce..nt Office of Enforcement Counael !. Tupper JCirKier, New Bampahire Office of the Attorney

General

:)•

p 302 598 811 RECEIPT FOR CERTIFIED MAIL

NO INiliiWm COYDAU PIIOVIDID­MOT fOil tNTWU.TIOIW. MAIL I t.n. ...... .,....,.......<dleck-.).i -·---· ~~..,...._......._.__ :;

__. Moore Bua!neaa Pol'llla 121 Broac!way Dover, NR 03820

J . ......TO...,.._ __

(S..RivwNI