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UNITED S ES ENVIRONMENTAL PROTECTION Av !CY JAN 1 1 1988 - EXPRESS MAIL Mr. Jim Tillet Art Gallery Textile P.O. Box 7549 St. Thomas, U.S.V.I. 00801 Re: Request for Information under 42 D.S.C. S9604, 42 U.S.C. 6927 t concerning release of hazardous substances and Underground Storage Tanks at the TuTu Area in St. Thomas, U.S. V.I. Dear Mr. Tillet: The United States Environmental Protection Agency ("EPA") is charged with responding to the release or threatened release of hazardous substances, and with enforcement responsibilities under the Comprehensive Environmental Response, Compensation and Liability Act 42 U.S.C. S9601 et seq. , ("CERCLA") as amended by the Superfund Amendments and Reauthorization Act (hereinafter, "SARA"), P.L. 99-499, Oct, 7, 1986 100 stat. 1613 (hereinafter, "CERCLA"). EPA also regulates the handlinq of hazardous waste under the Resource Conservation and Recovery Act (hereafter "RCRA" ) , 42 U.S.C. S6901, et seq. Pursuant to §104(b) and S104(e) of CERCLA, and S3007(a) of RCRA EPA may request certain information from parties who handle or may have handled hazardous substances and hazardous waste, as those terms are defined at §101(14) of CERCLA, and 51004 of RCRA, respectively. S104(b) of CERCLA enables EPA to conduct such legal and other investigations as it may deem necessary or appropriate to plan and direct response actions, to recover the costs thereof, and to enforce the provisions of CERCLA. Further- more §9005 of RCRA allows EPA to request information from any owner or operator of an underground storage tank. Pursuant to the statutory provisions cited, EPA requires that your company answer the questions in the attached "Request for Information*. If your company has an EPA Identification Number, kindly state it in your response. Your Company's response to the "Request for Information" should be postmarked or received at EPA within ten (10) calendar days of your receipt of this letter, and should be mailed tot *64477* 64477 -2- H«. Caroline Site Coapliance Branch U.S. environmental Protection Agency 2$ Federal Plata, Roo* 747 n«« York, «ew York 1027S Copies tot Ns. Franc in* Lang Departsent of Planning a Natural Resources 17t Alton* t tfelqnnst St. Tnonas, V.I. 00802 Kr. Andre* Praschafc, Esq. and rtr. Joaa Pont U.S. Environmental Protection Agency Caribt>e«n Field Office Office 2A, Podiatry Center Suildinq 1413 Fernanda* Juncos Avenuo Santurco, Puerto Rico 00907 four Cc«»:>anyfs failure to respond to the "Request for Information" within th*» tl-aa specified abovo may subject it to an enforcement action unc'ar S3008 and Sl^OJb of RCRA, and $l04(e)(5) and (6) of CGRCLA. An onforce^tont action may include the aseessaont of penalties of u^ to $2S,OOJ.OJ for each day ot nonco*oli*nce, The notarized eljaature o( an officer or other responsible official of trie Conr»any »ust appear on tne enclosed 'Certification of Answers to Repeat for Intonation", which should D« attached to tn« roH^onse to this information request. If at any ti-ae in tho futura, your Coaipany has additional infor- mation anc5/or finds tnat any aspect of the auMvitted information is false, Tial-saJim, or ^isreoresents the truth, your Coxnan/ «ust notify th« EPA. Failure to attend the response »a/ t>e coiv strueri «s a conc«alnont. If any part of your Co«9any's response is tounJ to b« untrue, tne signatory and your Company nay oo subject to original prosecution* The "Request for Information* is not subject to tbe approval r*<|uire*ants of tne Paperwork Reduction Act of 1180, 44 0*3. C. 13501, 9t seg. If desired, pursuant to S104(e)(7) of CC*CLA and ?9055(bj of RCRA, the Coapany nay assert a business confiden- tiality claim covering all or part of the information requested. Th« clain aay !>e asserted at the tiae of submission, by placing on (or attaching to) the information, a cover sheet, stamped or tfpad legend, or other suitable for* of notice eaployini lanqu- ajo auc*^ a.i "trade secret", or "proprietary *, or *Co<»r>an7 c-'int i^antial". Intoraation covered by soch « clai« will r>9 aisclosar; by ti>A only to tne extent and t>y ^acans of oroce-luraji set fortfi in Title 40, P*rt 2, Co-J ie o f P<»1 <*r» 1 R«.iulat ioaa, Sut)->art Ii. I f no cl*ir« accoii^anTea tno inforaJtron wri^n""it ia 168" received by EPA, it may be made available to the public by EPA without further notice to the Company. If you have any questions about this letter, you may call Caroline Kwan at (212) 264-0151, or/and Jose Font at (809) 725-7825 Andy Praschak, Esq. at (809) 753-4929. Your cooperation is appreciated. Sincerely, /sj Christopher J. Daggett Christopher J. Daggett Regional Administrator Enclosures bcc: Andrew L. Praschak, CFO Jose Font - CFO Francine Lang - DPNR Paqe 1 of 6 of attachment to letter front Christopher J. Daqgett INSTRUCTIONS FOR RESPONDING TO REQUEST FOR INFORMATION 1. A separate answer should be giren for each question. 2. Precede each answer with the wjiaber of the question to which it is addressed. 3. In answering each question, identify all contributing sources of information. 4. Interpret "and" as well as *or* to include within the scope of the question as »uch information as possible. If two interpretations of a question are possible, usa the one that provides more information. 5. If you are unable to qive a detailed and co-nolete answer or to provide an/ of the information or documents requested, indicate tha reason for your inability to do so. 6. If you have reason to believe that an individual other than on-3 e-aoloyod by your Coapany may be able to provide additions! details or documentation in response to any question, st«t*» that person's narte, last known address, phone nunbar and t'\e reasons for your belief. 7. If a docunont is requested but not available, state tne raaaon for its unavailability. To the best of your abilit/ ieiantity the docu-aent by author, data, subject -natter, number ot pages, and all recipients of the document with their addresses. 3. For «ach document produced in response to the "Request for Information", indicate on the docu-ient, or In SOMO other reasonable manner, the question to which it applies. 9. If anything is oamitted from a document produced in response to the "Request for Information", state the reason for and the subject matter of the omission. 10. In identifying an individual, to the extent possible, provide the natto and last known employment and ho*« address and telephone number. Page 2 of 8 of attachment to letter from Christopher J. Daggett 11* As used herein, the terjs "hazardous substance*, "release* •facility" and parson* shall have the meanings set fortn in $101(14), (22), (9) and (21) of CERCLA, 42 U.S.C. $9601(14), (22) (9), and (21), as amended, respectively. 'Facility* should be constructed as broadly as possible, to include not only structures on the land but also the entire premises over which any present or prior owner or operator has exercised dominion and control* 12. The tern "regulated substance* Means any substance defined in Section 101(14) of CERCLA (but not including any substance regulated as a hazardous waste under subtitle C of RCRA)f and petroleui, including crude oil or any fraction thereof which is a liquid at standard conditions of temperature and pressure. 13. As used herein, the term "hazardous waste* shall have the meaning set forth in $1004(5) of RCRA, 42 U.S.C. 16903(5). 14. The tertis "CE3CLA* waste material* or CERCLA industrial waste material" shall mean any solid, liquid or sludge or any mixture* thereof which oossess any of the following characteristics! a. it contains one or more "hazardous substances* (at any concentration) as defined in CERCLA 42 U.S.C. $96i)l(14)f b. it is a "hazardous waste* as defined in RCRA 42 U.S.C. S6904| c. it has a r>'i less than 2.0 or greater than 12.5! d. it reacts violent when aixad with water; a. it ignites or exolodes! f. it is an industrial intermediate waste producti 3. it Is an industrial treatment plant sludge or supernatant! h. it generates toxic gases when mixed with water} i. it is an industrial byproduct having some market valuei j. it is coolant water or blowdown waste from a coolant systea? k. it is a spent product which could be reused after rehabilitation! or 1. it is any material which you have reason to believe would be toxic either invested, inhaled, or placed in contact with your skin. Page 3 of B of attachment to letter from Christopher J. Daggett FOR INFORMATION 1* Identify the location of each of the following on a plot plan of your facility* to scale if available. A. All in use or out of service septic tanks, sewer connections and associated piping* B. All outfalls or discharges* C. All underground storage tanks either in use or out of service. D. All floor drains, sewers, sinks and associated piping. C. All on site areas where hazardous regulated substances are usodr stored and disposed of. F. All surface water including any intermittent streams or ponds. G. All above ground tanks 2. For each septic tank identified in question IA above, provide the following information including all pertinent documenta- tion. The date the tank was installed, the design plans for the system, the firm that installed the system, all mainten- ance records. For any septic tank taken out of service, specify the date it was taken out of service and the reason for discontinuing its us-=», also Identify all waste streams to the tank and the origin of these streams. 3. For each outfall or discharge identified in questions IB above state the nature of the discharge, any required permits for such discharges, the origin of the discharge and associated piping. 4. For each underground storage tank identified in question 1C aoove provide the following information* a) The date the tank was installed. b) All design and Installation records for the tank and aesoci* atao piping including, the expected life of the tank, the corrosion protection for the tank and associated piping, seasonably high water levels and any lininq system. c) State whether or not the tank is currently in service. If not in service, state the reason tor discontinuing •ton nf »-H» *-.nir «rwi jtnw further olanB for the tank. Page 4 of 8 of attachment to letter front Christopher J. Daggett d) For »ny tank or piping that has been replaced, state the reason for replacing the tank or piping, the date of removal of the tank or piping, the work plan for the renoval, the condition of the tank or piping upon removal, the condition of soil surrounding the replaced tank or piping, whether any soil was removed and where it was taken and any sampling results connected with the replacement of the tank or piping. e) Identify the type and quantity of the substances stored in the tank. Also provide all records relating to the volume of material shipped to the tank and removed from the tank. f) Provide a detailed accounting of all maintenance activi- ties on each tank or piping. This should include a detailed description of each repair on the tank or piping, the reason for the repair, and how the problem was dis- covered. g) Identify each leak or spill associated with the tank or piping. Provide the date of the leak, the quantity of material lost and how it was determined, the corrective actions undertaken and the naioes and addresses of all persons with knowledge of the incident. 5. For each floor drain, sewer or sink identified in question l(d) and associated piping, state whether any hazardous or regulated substances were disposed of. 6. For each location identified in question l(e) above state the manner in which each hazardous or regulated substance is containerised and stored* Also provide a detailed description of any releases at each location including the date of the incident, type and quantity of material released, corrective actions taken and the names and addresses of any person with knowledge of the release* Page 5 of 8 of attachment to letter from Christopher J. Daggett 7. a. State the correct legal name of your Company, which shall be referred to as "the Company". b. State the current legal naote and status of the facility, c. State the nature of business at the facility, d. State the years of operation. e. State the name(s) and address(es) of the President and the Chairman of the Board, or other presiding officer of the Company. f. Identify the state of incorporation and agent for service of process in the Virgin Islands and Puerto Rico of tho owner and operator of the facility and any underground storage tanks thereon. If more than one, answer for each. g. If the Company is a subsidiary or affiliate of another corporation or has subsidiaries, identify there related Companies. 8. In identifying a company that no longer exists, provide all the information called for in Item 1, except for the agent for service process. If the company or plant did business under more than one name, each name should be designated. 9. Does the facility have a permit or permits issued pursuant to the Resource Conservation and Recovery Act, 42 U.S.C. $6901, et aeq. If the company and/or the Plant has an EPA Identification Number, state it in your answer to this question. 10. Were or are any hazardous substances, regulated substances or hazardous wastes ever used, stored, generated, disposed or otherwise handled by the facility, including but not limited to; tetrachloroethylene (perchlorethylene), trichlororethylene, chloroform, toluene and benzene. Identify each hazardous substance or hazardous waste by providing the name, composition and source of origin of each substance. Please provide sampling analysis where available. 11. Please respond to the following questions by giving a detailed description, if the answer is yes to any of the questions. Did the facility or any of its past employees transport, arrange for transportation, dispose of, or arrange for disposal ofi »«, V a. any hazardous waste? b. any hacardout aubatanc*? c. any regulated aubetance? 12. For each hazardous aubstance, regulated subatance or haaardoua MI at* that via used, • tor ad or diapoaed of at tha facility an a we r the following queetlonai a. Identify aach hazardous substance, regulated substance or hazardous wast* by tha nane, composition, and aourca of origin and, atate whether the facility generated, handled, and/or transported such wastes or substance. b. Indicate the aaount of each hazardous substance, regulated substance, or hazardous waste identified in response to Question 10 above* For liquids the answer should be in terns of volume, including concentrations of hazardous aubatancea per unit volvree, for solid materials, in terns of weight* c. Explain how, or whether, each hazardous substance, regulated substance, or hazardous waste identified in response to Questions 4 and 10 above, waa containerized, e^g;«, dru-ns, bulk solids, tanks, bulk liquids (uncontained) , etc. d. Provide an annual sunmary of the oanner in which the hazardous substance, requlated substance, or hazardous waste listed in response to Questions 4 and 10 wore treated, handled, transported, stored, and/or disposed by the facility. Attach invoices, manifests and other documents or indicate any documentation* a. Please submit a copy of each document which relates to tha generation, handling, hauling, and/or diapoaal of the hazardous substance, regulated substance or hazardous waste identified in response to Question 10, above. If you are unable to provide a copy of any document, then identify the document by describing the nature of the document, (e.g., letter, file memo. Pag* 7 of a of attachment to letter fron Cariatopher J. Dagoatt invoice inventory form, billing record, haserdooa waat* •anifeat, etc.). Deacriba the relevant information contained heraia. Identify by name the job title tha person who prepared the docunent and if the document ia aa>t readily available* etate where it ia stored, maintained and why it ia ao longer available. f. Identify each paraon (e.g., company, individual* partnership, ete.) having knowledge of the facta relating to the generation, and transportation of the hazardous aubatance or disposal of haxardoua waate. for each auch paraon identified, pleaae provide the name, addrasa, and telephone number. 13. state whether there exiata any agreement or contract (other than an inaurance policy) which nay indennify the company, preaent ownera of aharea in the company or peat ownera of aharea in the company, for any liability that may reault froo any raleaae of a hasardoua aubatanca, regulated eubatance or hasardoua waata from the facility. If ao, please provide a copy of the agreement or contract. Identity any agreement or contract that you are unable to locate or obtain. Pleaaa refer to 6 for further inatructiona. 14. etate v*«th«r an inaurance policy haa ever been in effect which aay indemnify the company plant auainat any liability which it may have for any releaa* or threatened raleaaa of a hasardoua aubatance regulated aubatance or hasardoua waata that nay have occurred at the facility. If ao, pleaaa provide a copy of the policy. Identify any policy that you cannot locate or obtain by tha naate of the carrier, years in effect* net or a and extent of coveraga, and any other information you have. 15. Please aupply any additional information which may help E?& to identify any other facility or peraon which may have uaed, stored, diapoaad of, or otherwise handled any hasardoua aubatancea, regulated substances or hasardous waatea or that may have an underground storage tank* Page 8 of 8 of attachment to letter from Christopher J. Daggett CERTIFICATION OF ANSWERS TO REQUEST FOR INFORMATION Commonwealth of City of _______________ I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document (response to EPA Request for Information) and all documents submitted herewith, and that based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete, and that all documents submitted herewith are complete and authentic unless otherwise indicated. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment. NAME (print or type) TITLE (print or type) SIGNATURE Sworn to before me this day of , 1988 Notary Public "!"i.rr OO3 1694