Uncontrolled Hazardous Substance Sites law Law”) and the ... · SITE OPERATIONAL HISTORY The...

S T A T E O F M A I N E

DE P A R T M E N T OF EN V I R O N M E N T A L PR O T E C T I O N

PAUL R. LEPAGE PAUL MERCER

GOVERNOR COMMISSIONER

AUGUSTA BANGOR PORTLAND PRESQUE ISLE17 STATE HOUSE STATION 106 HOGAN ROAD, SUITE 6 312 CANCO ROAD 1235 CENTRAL DRIVE, SKYWAY PARKAUGUSTA, MAINE 04333-0017 BANGOR, MAINE 04401 PORTLAND, MAINE 04103 PRESQUE ISLE, MAINE 04769(207) 287-7688 FAX: (207) 287-7826 (207) 941-4570 FAX: (207) 941-4584 (207) 822-6300 FAX: (207) 822-6303 (207) 764-0477 FAX: (207) 760-3143

website: www.maine.gov/dep

** Urgent Legal Matter -- Your Prompt Response Required **

NOTICE OF POTENTIAL LIABILITY AND DEMAND FOR RESPONSE ACTION

C. Smith Property Site, 881 Maine Street Meddybemps Maine

December 1, 2017 Ms. Dawn Smith PO Box 1262 Calais, ME 04619 Dear Ms. Smith: The Maine Department of Environmental Protection (“DEP”) has documented the release of hazardous substances at the C. Smith Property Site located at 881 Main Street in Meddybemps, Maine, which is described in Book 2132, 38 of the Washington County Registry of Deeds, ("the Site"). As owner of the Site, you are a potentially responsible party (“PRP”) under Maine’s Uncontrolled Hazardous Substance Sites law, 38 M.R.S. §§ 1361–1371 (“Uncontrolled Sites Law”) and the United States Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§ 9601–9675 (“CERCLA”). The DEP has completed an assessment of the source, extent and nature of the threats posed by hazardous substances at the Site and has proposed the appropriate remedial action (“Attachment A”). To avoid further enforcement action, you must within 45 days agree in writing to: cooperate with the U.S. Department of Defense (“DOD”) as it implements remedial action, and to operate and maintain the remedial system installed by the DOD, including filing an Environmental Covenant on the Property, if necessary.

Site Background Based on available information, the residence located on the property was constructed in the late 1940s. In 2000, the U.S. Environmental Protection Agency (“EPA”) undertaking response actions at the adjacent Eastern Surplus Co. Superfund site, became aware of drums of chemicals located in the basement of the residence at the C. Smith Property Site. In January 2002, an EPA reconnaissance of the basement at the C. Smith Property Site found drums and containers of liquid chemicals, including some labeled as fungicides, ketone, perchloroethylene, and trichloroethylene. Other containers, including transformers and cylinders were evident on the grounds of the property. The containers were in poor condition and some had leaked. The Site

Letter to Dawn Smith December 1, 2017 of 31 was designated by DEP as an Uncontrolled Hazardous Substance Site on June 15, 2004, (“Attachment B”). The containers were subsequently removed in 20061. Hazardous substances located at this Site include waste generated by the DOD. A listing of hazardous substances at the Site can be found in the attached Uncontrolled Sites Designation.

In 2005 the DEP and DOD reached a liability settlement for DEP for costs related to the 2006 removal of containers (“Attachment C”). In 2015 the DEP completed Remedial Investigation activities at the Site. These investigations found that hazardous substances exist on the property above risk based guidelines2 (“RAGs”) that must be further mitigated to protect human health and the environment. Surface soil to the north of the house contaminated with (“PCBs”) poses a contact risk and soils underlying the house and in the basement foundation and floor contaminated with volatile organic compounds pose a contact and vapor intrusion hazard3. In 2016 the DEP completed a Feasibility Study4 for the site to evaluate how to best clean-up the site. The DEP’s Proposed Plan for mitigating the discharges of hazardous substances is outlined in the attached draft Decision Document found as Attachment A. The Proposed Plan is to remove the contaminated soil and dispose of it at a landfill licensed to accept the contaminated media. To remove contaminated soil, the onsite house must first be removed.

Liability Under Maine Law

Under the Uncontrolled Sites Law, DEP is authorized to investigate uncontrolled hazardous substance sites (i.e. sites where hazardous substances have come to be located) and to mitigate threats or hazards posed by such sites. Perchloroethylene, trichloroethylene, and polychlorinated biphenyls came to be located at the C. Smith Property Site, all of which are hazardous substances, as defined by the Uncontrolled Hazardous Substance Sites law 38 M.R.S. § 1362(1)(C). Under 38 M.R.S. § 1362(2), responsible parties for the site are, among others, the owner or operator of the uncontrolled site, and any person who owned or operated the uncontrolled site from the time any hazardous substance arrived there. Under 38 M.R.S. § 1365 and other laws5, responsible parties may be obligated to undertake and complete response actions deemed necessary by DEP at the site to protect the public health, safety, or the environment. Under 38 M.R.S. § 1367, each responsible party is also jointly and

1 Weston Solutions, Inc. Removal Program Preliminary Assessment/Site Investigation Report for The Charlotte Smith Property Site. May 2007. 2 Maine Remedial Action Guidelines (RAGs) for Sites Contaminated with Hazardous Substances., (Maine Department of Environmental Protection, 28 SHS, Augusta, ME 04333-0017, available at: http://www.maine.gov/dep/spills/publications/guidance/index.html). Effective February 5, 2016. 3 Maine Department of Environmental Protection, Sean Dougherty, Summary of Sample Results Collected June 2015 C. Smith Property Meddybemps. August 20, 2015. 4 Campbell Environmental Group Remedial Options Analysis/Feasibility Study Remedial Options Analysis/Feasibility Study Former Charlotte Smith Residence, 881 Main Street, Meddybemps, Maine. October 10, 2016. 5 Other laws include, without limitation, DEP’s general Organization and Powers authority, 38 M.R.S. §§ 341-349-B, and the Maine Hazardous Waste, Septage and Solid Waste Management Act, 38 M.R.S. §1301-1319-Y.

Letter to Dawn Smith December 1, 2017 of 31 severally liable for all costs incurred by the DEP in responding to any release or threatened release of hazardous substances at the Site. Such costs may include, but are not limited to, costs for the abatement, cleanup or mitigation of the threats or hazards posed or potentially posed by an uncontrolled site. In addition, responsible parties are liable for damages for injury to, destruction of, loss of or loss of use of natural resources, including the costs to assess such damages.

Notice of Potential Liability

By way of this letter, as current owner of the property, the DEP is notifying you, Dawn Smith, of your potential liability for environmental contamination found at the Site.

Demand for Action

Within 45 days, you must submit for DEP review and approval a written agreement stating that you will cooperate with the U.S. Department of Defense (“DoD”) as it implements remedial action, and will operate and maintain any remedial system installed on your property, including filing an Environmental Covenant on the Property, if necessary. We will work out the details following receipt of your agreement and a conceptual clean-up plan from the Department of Defense.

Your response to this request must be submitted in writing to the following address within forty-five (45) days from the date on this notice:

Attn: David Wright, Director Division of Remediation, BRWM

Maine Department of Environmental Protection 17 State House Station

Augusta, Maine 04333-0017

If you fail to submit the agreement, the DEP will take further action under the Uncontrolled Hazardous Substance Sites law, 38 M.R.S. §§ 1361–1371. Any questions regarding this letter should be directed to me at the above address, by telephone at 207-446-4366, or by email at [email protected].

Letter to Dawn Smith December 1, 2017 of 31 Due to the seriousness of the conditions posed by the Site and the legal consequences of any failure to respond fully and properly, I strongly encourage you to give this matter your immediate attention and to respond to this information request within the time from specified above. Sincerely,

/ss/ David Wright David Wright, Director Division of Remediation Bureau of Remediation and Waste Management CC: Nick Mayhew, Project Manager, DEP Peter LaFond, Assistant Attorney General David Burns, Director, Bureau of Remediation and Waste Management

Letter to Dawn Smith December 1, 2017 of 31

Attachment A


Draft for Public Review

DECISION DOCUMENT Division of Remediation Bureau of Remediation and Waste Management Maine Department of Environmental Protection Site: C. Smith Property, REM00716 Meddybemps Date: December 1, 2017 PURPOSE This document provides the rationale for remedial action and cleanup alternatives under the Uncontrolled Sites law (38 M.R.S. §1361 to 1371) by the Department of Environmental Protection (DEP) at this time for the C. Smith property site (the site). SITE DESCRIPTION This Site is located at 188 Main Street approximately 0.1 mile southwest of Meddybemps Lake in Meddybemps, Washington County, Maine on a 0.7 acre residentially developed lot. The site is depicted on the Town of Meddybemps Tax Map 12, Lot 9, and is owned by Dawn Smith, who began ownership of the property in 1996. The site is in a rural area, is adjacent to the Denny’s River, and is served by private water and sewer. The location of the site is depicted in figure 1. There are two structures located on the site; a small gambrel style barn and a single-story residence. SITE OPERATIONAL HISTORY The residence located on the site was reportedly constructed in the mid-1940s as a residence. The site was primarily utilized for residential purposes, but was also utilized as part of Harry Smith Jr.’s salvage operations which occurred on several other properties in the area, including the Eastern Surplus Superfund site, which was located west of and adjacent to the site on the opposite side of the Denny’s River. Operations include machinery repair in the garage and the storage of excess salvage material, including waste chemicals acquired from the DEP of Defense. These chemicals were stored on the site before Dawn Smith’s acquisition of the property in 1996. The residence has been vacant since the early 2000s. SITE INVESTIGATIVE HISTORY AND CONCEPTUAL SITE MODEL In 2000, during response activities at the Eastern Surplus Site, the United States Environmental Protection Agency (EPA) became aware of drums of chemicals located in the basement of the Charlotte Smith residence. In January 2002, EPA was granted permission to enter the basement of Charlotte Smith’s residence accompanied by Harry Smith. EPA observed and documented the

Letter to Dawn Smith December 1, 2017 of 31 presence of drums and containers of liquid chemicals. Some contents were identified from labels that were on the containers. These included petroleum products, fungicides, ketone, and perchloroethylene (PCE). EPA did not pursue removal of the chemicals at the time; however, in 2002 when DEP requested permission to access and remove the chemicals, it was denied site access by both Harry and Dawn Smith. On June 3, 2004, DEP obtained a search warrant allowing access to the Charlotte Smith property. On June 8, 2004, DEP conducted an initial inventory of the site. In the basement of the house chemical containers stored in a haphazard fashion were observed piled to the ceiling (approximately ten feet high). It appeared that some of the containers had been there for many years. Containers identified as holding incompatible materials were co-located. Most were in poor condition, many had leaked, releasing their contents into the floor and basement, others on the verge of leaking. Other containers, including transformers and cylinders, were observed throughout the property, both in the open and in the garage. Hazardous substances located at this Site included waste generated by the United States Department of Defense (DOD). Markings on containers and documents found at the Site indicate that waste at the Site is DOD material. Given the large number of containers the DEP requested EPA assistance, and in 2006 the containers were removed by EPA. In 2015 the DEP completed an additional investigation to determine remaining contamination on the property stemming from the improper storage and discharges from the containers1. DEP tested indoor air and sub-slab soil gas of the residence for Volatile Organic Compounds (VOCs), finding perchloroethylene (PCE) and trichloroethylene (TCE) above the residential Remedial Action Guideline (RAG)2 values (after attenuation adjustments were applied to subslab samples). DEP field screened concrete in the basement with a PID, which indicated potential VOC contamination. DEP tested the property’s surface soil for VOCs, Semi-Volatile Organic Compounds (SVOCs) and polychlorinated biphenyls (PCBs). PCBs were detected above the residential RAG in soil between the house and barn. DEP also sampled three monitoring wells and the site drinking water supply well for VOCs, but did not detect contamination above residential RAGs. Based on this investigation, the remedial objectives for the site are3:

Eliminating or reducing human and ecological exposure to PCB impacted soil. Human health exposure pathways include direct dermal contact, ingestion, and inhalation of contaminants from these soils. Ecological risks stem primarily from the erosion of soil and/or storm runoff into the adjacent Dennys River.

Eliminate or reduce human exposure of PCE impacted indoor air in the Smith residence. The exposure pathway is primarily through inhalation of PCE from spills directly onto the basement concrete floor and in soil beneath the foundation. A future potential pathway could be transport of PCE into groundwater if the house capping the contaminated soils was removed, without removal of source soils.

1 Sean Dougherty, Summary of Sample Results Collected June 2015 C. Smith Property Meddybemps. August 20, 2015. 2 Maine Remedial Action Guidelines (RAGs) for Sites Contaminated with Hazardous Substances. Effective February 5, 2016, (Maine Department of Environmental Protection, 28 SHS, Augusta, ME 04333-0017, available at: http://www.maine.gov/dep/spills/publications/guidance/index.html) 3 Campbell Environmental Group Remedial Options Analysis/Feasibility Study Remedial Options Analysis/Feasibility Study Former Charlotte Smith Residence, 881 Main Street, Meddybemps, Maine. October 10, 2016.

Letter to Dawn Smith December 1, 2017 of 31 REMEDIAL OPTIONS ANALYSIS To Determine appropriate remedial actions for the conditions listed above, a Remedial Options Analysis/Feasibility Study (FS) was completed by DEP in 20164. Multiple cleanup alternative options were reviewed for PCB impacted soils and VOC impacting indoor air quality. As part of the review, the DEP considered the nine criteria for sites contaminated with hazardous substance that are set forth in the National Oil and Hazardous Substance Pollution Contingency Plan, 40 CFR Part 300.430(e)(9) (“NCP”) The DEP’s evaluation is summarized in the following tables

PCB impacted soils - Analysis of Alternatives

Remedial Alternative: No Action Containment

/Capping

Excavation/ Offsite

Disposal

In Situ Solidification

Threshold Criteria 1. Overall protection of human health and the environment poor good excellent good

2. Compliance with ARARs (applicable or relevant and appropriate standards) poor poor excellent poor

Primary Balancing Criteria 3. Long-term effectiveness and permanence poor fair excellent good 4. Reduction of toxicity, mobility or volume poor poor good fair 5. Short-term effectiveness poor good excellent excellent 6. Implementability excellent fair excellent fair 7. Cost - capital $- $31,687 $54,396 $50,029 7b Cost - O&M excellent fair excellent fair

Modifying Criteria 8. State acceptance poor poor excellent poor 9. Community acceptance TBD TBD TBD TBD

4 Ibid.


PCE impacted soils impacting indoor air - Analysis of Alternatives Remedial Alternative: No Action

Demolition of the House and Excavation/ Offsite Disposal of soil

Installation of sub-slab system

Threshold Criteria 1. Overall protection of human health and the environment poor excellent good

2. Compliance with ARARs (applicable or relevant and appropriate standards) poor excellent fair/good

Primary Balancing Criteria

3. Long-term effectiveness and permanence poor excellent good 4. Reduction of toxicity, mobility or volume poor good good 5. Short-term effectiveness poor excellent good

6. Implementability

excellent good poor

7. Cost - capital $ -

$ 200,000 $

50,029 7b Cost - O&M excellent excellent fair

Modifying Criteria 8. State acceptance poor good good 9. Community acceptance TBD TBD TBD

For both items, the no-action remedy does not protect public health and does not meet the standards under Maine’s Uncontrolled Hazardous Substance Sites law, 38 M.R.S. §§ 1361–1371 (Uncontrolled Sites Law), which is equivalent to the United States Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§ 9601-9675. Additionally, the DEP is concerned that the landowner will not be amenable to undertaking long-term maintenance or implementing a Land Use Control to ensure that any hazardous substances remaining on the site are not released to the environment. These two factors largely drove the DEP’s remedial decision for the site. SELECTED REMEDIAL ACTIONS The DEP has selected the following cleanup alternative options for the remaining issues identified above. PCB Impacted Soils The approximately 80 cubic yards of PCB impacted soils will be excavated and disposed of properly offsite. Excavation and proper off-site disposal of PCB impacted soils will remove any risk of exposure and eliminate any potential for migration to receptors. Confirmation samples will be collected, post excavation, to document that remaining soils are below regulatory guidelines. An Environmental Covenant may be necessary to restrict access to any remaining contaminated soil. The estimated cost as presented in the FS is for this cleanup option is $54,396.00.

Letter to Dawn Smith December 1, 2017 of 31 PCE Impacted Soils & VOCs Impacting Indoor Air Quality The residential building located onsite will be demolished, and the basement floor and impacted subsurface soils will be excavated and properly disposed of off-site. This will eliminate any vapor intrusion risk since as the source for vapor contamination will be removed. This will also address the possibility of contamination leaching to groundwater. Approximately 40 cubic yards of concrete and 75 cubic yards of PCE impacted soils will need to be removed and properly disposed of off-site. The estimated cost as presented in the FS for this cleanup option is $200,000.00. SUMMARY The C Smith site has been impacted by hazardous substances stemming from the properties use for storage and salvage operations. The basement of the residence was utilized for the storage of chemicals and other hazardous materials. Many of these containers eventually discharged their contents, contaminating the soil and impacting the indoor air of buildings on site at levels above Maine RAGs. Soil between the residence and garage has been impacted by discharges of PCBs at levels above RAGs. To address the risks posed by these discharges of hazardous substances, the DEP has selected a remedy consisting of excavation and removal of remaining hazardous substances above RAGs. Reviewed and Approved by: [Public Review Draft] ______________________________ David W. Wright Director, Division of Remediation Bureau of Remediation and Waste Management This decision document was prepared by Nicholas Mayhew, Project Manager.


Attachment B


Attachment C

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