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UNITED ITATEI ENVIRONMENTAL PROTECTION AGENCY REGION I

J. F. KENNEDY FEDERAL BUILDING, BOSTON, MASSACHUSETTS 02203

URGENT LEGAL MATTER -- PROMPT REPLY NECESSARY DHL: RETURN RECEIPT REQUESTED

J v(\( 1~-{1 Mr. Arnold Ganz, President Pervel Indsustries P.O. BOX 61 Plainfield, CT 06374

Re: Yaworski Lagoon (the Site), Canterbury, CT

Dear Mr. Ganz:

NOTICE OF POTENTIAL LIABILITY

This letter is to notify you of potential liability which your company may incur or may have incurred with respect to the above-referenced Site; to make a formal demand for reimbursement of the costs, including interest thereon, that have been incurred in response to the environmental problems at the Site; and to notify you of forthcoming cleanup response activities at the Site which your company will be asked to perform or finance at a later date.

The United States Environmental Protection Agency (EPA) has documented the release and threatened release of hazardous substances, pollutants and contaminants at the above referenced Site. EPA has spent and is considering spending public funds on actions to investigate and control such releases or threatened releases at the Site. Unless EPA reaches an agreement under which a responsible party or parties will properly perform or finance such actions, EPA will itself perform these actions pursuant to Section 104 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 u.s.c. Section 9601 et seg. (CERCLA), as amended by the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ( 1986) (SARA).

Under Section 106(a) of CERCLA, Section 107(a) of CERCLA, 42 u.s.c. S9606(a) and S9607(a), Section 7003 of the Resource Conservation and Recovery Act, 42 u.s.c. S6973 (RCRA), and other laws, responsible parties may be obligated to implement relief actions deemed necessary by EPA to protect the public health, welfare or environment and may be liable for all

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costs incurred by the qovernment in responding to any release or threatened release at the Site. Such costs may include , but are not limited to, expenditures for investigation, planninq, response and enforcement activities. ·

Responsible parties under CERCLA inelude current and former owners and operators of the Site as well as persons who arranged for disposal of hazardous substances found at the Site, or persons who accepted hazardous substances for transport to the Site.

EPA has evaluated a large body of evidence in connection with its investiqation of the Sit&, including Yaworski, Inc.'s business records, affidavits, state records, and information supplied by Pervel Industries in previous letters to the EPA dated March 26, 1984, May 23, 1984, and January 2, 1985.

Based on this evidence, EPA has information indicating that your company is a potentially responsible party with respect to this Site. Specifically, EPA has reason to believe that it did, by contract, agreement, or otherwise, arranqe for the disposal and/or treatment of hazardous substances found at the Site, as well as transport hazardous substances to the Site. By this letter, EPA notifies your company of its potential liability with regard to this matter and encourages it, as a potentially responsible party, to reimburse EPA for the costs incurred to date and to voluntarily perform or finance the response activities that EPA has determined are required at the Site.

DEMAND FOR PAYMENT OF COSTS INCURRED TO DATE

In accordance with CERCLA and other authorities, EPA has already undertaken certain actions and incurred certain costs in response to conditions at the Site. These response actions include:

1. a Preliminary Assessment (PA) conducted February - ~~0:

2. a Site Investigation (SI) conducted December 1981:

3. a Remedial Action Master Plan (RAMP) conducted from April 1983 to January 1984:

4. a Remedial Investigation (RI) conducted from February 1984 to September 1986: and

s . a Feasibil i t y Study (FS), due to be finished mid-Summer 1987 (and which wi l l be available for pub lic comme nt s hort ly thereaf ter).

The current cost of these response act ions performed through

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EPA funding at the Site is approximately $940,000 dollars . The Agency anticipates expending ad ditional funds for respose activities at the Site under the authority of CERCLA and other laws, including those response activities described below. In accordance with Section 107(a)(4)(D) of CERCLA. as amended by Section 107(b) of SARA, demand is hereby made for payment of the above amount plus any and al~ interest authorized to be recovered under that Section or under any other provisions of the law. Demand is also hereby made under these authorities for payment of interest on all future costs that EPA may incur in regard to the Site.

FORTHCOMING RESPONSE ACTIVITIES AT THE SITE

EPA is planning to conduct the following studies and/or activities at the Site:

1. Design a nd im ple me nt a t i on o f t h e re med i a l a c t i o n sele ct e d and app r ove d by EPA for the Sit e:

2. Provision f or any monitoring, and operat i on and maintenance necessary at the Site.

In addition to those · laws enumerated above, EPA, pursuant to its authorities under other laws, may decide that other clean-up activities are necessary to protect public health, welfare or the environment.

TIMING AND FORM OF RESPONSE TO THIS LETTER

At an appropriate point in the future, you will receive an additional notice that one or more of the above activities is pending and that your company's cooperation is requested to negotiate the terms of an agreement to perform or finance those activities. In the interim, as a potentially responsible party, your company should notify EPA in writing within thirty (30) days from receipt of this letter of its willingness to perform or finance the activities de s cribed above. If EPA does not r eceive a t i me ly r e s ponse , EPA will ass ume t hat y our company does not wish to nego ti a te a res oluti o n of its l iabili tie s in connection with the Site and that your company has declined any involvement in performing the res ponse activities .

Your response should indicate the appropriate name, address, and telephone number for further contact with your company. If you are already involved in discussions with state or local authorities engaged in voluntary clean-up action, or involved in a lawsuit regarding this Site, you should continue such activities as you see fit. This letter is not intended to

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advise you or direct you to restrict or discontinue anv such activities: however, you are advised to report the status of those discussions or actions in your response to this letter and to provide a copy of your response to any other parties involved in those discussions or actions.

Your response letter should be sent to:

U.S. Environmental Protection Agency Heather M. Ford, Chief CT Superfund Section Waste Management Division JFK Federal Boston, MA Tel: (617)

If you have an attorney please direct his or her EPA Regional Counsel at

Buildin~, HEC 1907 02203 565-3630

representing you in this matter, questions to Jeremy Firestone of the

(617) 565-3440.

To facilitate the forthcoming negotiations concerning the performance or financing of response actions at the Site, EPA will conduct a meeting with responsible parties on July 22, 1987, 10:00 AM at the JFK Federal Building in Boston, MA (located in Government Center). At the meeting, EPA will convey to you its existing knowledge of conditions at the Site and describe the response activities that have been taken at the Site to date.

INFORMATION TO ASSIST RESPONSIBLE PARTIES

EPA would like to encoura~e good faith negotiations between you and the Agency and among you and other parties potentially responsible for the Site. To assist responsible parties in preparing a proposal and in negotiating with EPA concerning this matter, EPA is providing you with a list of the names and addresses of potentially respo nsible parties. This list represents EPA's preliminary findings on the identities of potentially responsible parties. Inclusion on or exclusion from the list does not constitute a final determination by the Agency concerning the liability of any party for the hazard or contamination at the Site.

Please be advised that EPA has determined that this list is an investigatory record compiled for law enforcement purposes. The public release of this record may interfere with enforcement proceedings and disclose investi~atory techniques and/or procedures. As such, the record is exempt from mandatory disclosure under the investigatory records exemption of the Freedom of Information

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Act, 5 U.S.C. Section 552(b)(7). Nevertheless, a limited disclosure of this record is being ma de in order to further settlement negotiations and to encourage communication among the parties. This record is being provided as a discretionary release of information to the potentially responsible parties, and should not be disclosed further or made publicly available in any context unless you are given•prior approval by EPA.

The factual and legal discussions in this letter are intended soley to provide notice and information, and such discussions should not be construed as a final agency position on any matter set forth herein. Due to the seriousness of the environmental and legal problems posed by conditions at the Site, EPA urges that immediate attention and a prompt response be given to t h is letter.

By c op y of this letter , EPA is n o tifying t h e State of Con necticut and t h e Natural Resourc e Trustees o f our inte n t t o perform or e n te r i nto neg ot i atio n s for t he per f o r manc e o r financin g of response act i ons at the Site.

Merrill S. Hohman, Director Waste Management Division

Attachment

cc: Director, Office of Waste Programs Enforcement Director, Office of Emergency and Remedial Response Office of Enforcement and Compliance Monitoring Jeremy Firestone, Office of Regional Counsel Barbara McAllister, RP Team Leader Steven Farrick, Regional Project Manager Edward Parker, CT Department of Environmental Protection Sharon Christopherson, NOAA William Pa tterson , DOl

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~ Act, 5 u.s .c. Section 552(b)(7) . Ne vertheless , a limited disclosure of t his record is being made i n order to further settlement negotiations and to encouraqe communication among the parties. This record is being provided as a discretionary release of information to the potentially responsible parties, and should not be disclosed further or made publicly available in any context unless you are given prior approval by EPA•. The factual and le9al discussions in this letter are intended soley to provide notice and information, and such discussions should not be construed as a final agency position on any matter set forth herein. Due to the seriousness of the environmental and legal problems posed by conditions at the Site, EPA urges that immediate attention and a prompt response be given to this letter.

By copy of this letter, EPA is notifying the State of Connect icut and t he Natural Resource Trustees of our intent to perform or e nter into negotiat i ons f or t he performance or f i nancing of response act ions at the Site.

Sincerely,

~c?£.~~7 Waste Management Division

Attachment

cc: Director, Office of Waste Programs Enforcement Director, Office of Emergency and Remedial Response Office of Enforcement and Compliance Monitoring Jeremy Firestone, Office of Regional Counsel Barbara McAllister, RP Team Leader Steven Farrick, Reqional Project Manager Edward Parker, CT Department of Envi r onmental Protection Sharon Christophe rson, NOAA Will i am Patters on, DOl

YAWORSKI LAGOON SUPERFUND SITE LIST OF NOTICE LETTER RECIPIENTS

C • M Corporation 51 South Walnut Street P.O. Box 348 wauregan, CT

InterRoyal Corporation Coaaunity Avenue Plainfield, CT 06374

Kaaan Aeros pace COr poration SOuth Main Street Moosup, CT 06354

Pervel Industries, Inc. P.O. Box 61 Plainfield, CT 06374

Revere Textile Prints Corporation c/o Bovard Glick General Textile Printing and Processing Corp. 50 Maple Street Branford, CT 06405

~era Oor~ration e tiChno~y Drive Rogers, CT 06263

Trianl!e, PWC, Inc. East In Street Jewett City, CT 06357

Yaworski, Inc. Rural Route 2, Packer Road canterbury, CT 06374

Yaworski, Mrs. Rose c/o Yaworski, Inc. Rural Route 2, Packer Road Canterbury, CT 06374

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