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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION II JACOB K. JAVITS FEDERAL BUILDING NEW YORK. NEW YORK 1O278-OO12 —EXPRESS MAIL— RETURN RECEIPT REQUESTED Daniel H. Wilson, President Western Auto Supply Company 2107 Grand Avenue Kansas City, MO 64108 Re: Tutu Wells Site St. Thomas. U.S. Virgin T-lands Notice of Potential Liability Pursuant to CERCLA. 42 U.S.C. $9601 et sea., and RCRA. 42 U.S.C. S6991b et sea. Dear Mr. Wilson: The U.S. Environmental Protection Agency ("EPA") is charged with responding to the release or threatened release of hazardous sub- stances, pollutants and contaminants into the environment and with enforcement responsibilities under the Comprehensive Envi- ronmental Response, Compensation and Liability Act, as amended ("CERCLA"), 42 U.S.C. SS9601-9675. EPA has documented the release and threatened release of hazardous substances and petroleum into the environment at the Tutu Wells Site, which is located in the upper Turpentine Run basin in the vicinity of Anna's Retreat in the east central section of St. Thomas. Hazardous substances, including, but not limited to benzene, toluene, ethylbenzene, xylene ("BTEX"), 1,2- dichloroethene, vinyl chloride, trichloroethene, tetrachloroethene and terbutylmethylether ("TBME11) have been detected in groundwater, soil samples and supply wells in the vicinity of the upper Turpentine Run basin. Under CERCLA and other laws, responsible parties may be held liable for monies expended by the federal government in taking response actions at and around sites where hazardous substances have been released, including investigative, planning, removal, remedial and enforcement actions. Responsible parties also may be subject to orders requiring them to take response actions themselves. Responsible parties under CERCLA include, among others, the current and past owners or operators of the facility from which there has been a release or threatened release of hazardous substances. 003 1654 PRMILD ON RECYCLED PAPER *64471* 64471 In response to releases and threatened releases of hazardous substances into the environment at the Site, EPA has spent public funds and expects to expend additional public funds. To date, response actions taken by EPA with regard to the Site include, but are not limited to, removal actions initiated by EPA, and oversight of the performance of the removal action and remedial investigation/feasibility study ("RI/FS") conducted by the Tutu Environmental Investigation Committee ("TEIC"). These actions have been and will be undertaken pursuant to CERCLA. By this letter, we notify Western Auto Supply Company ("Western Auto") that we have reason to believe that the company is the current operator of a facility at which there has been a release or threatened release of hazardous substances which has caused EPA to incur response costs. We a±so have reason to believe that the company was the owner and/or operator of such a facility at the time of the disposal of hazardous substances there. Accordingly, Western Auto is a potentially responsible party ("PRP") under Section 107(a) of CERCLA, 42 U.S.C. §9607(a). In addition, EPA has determined that you may be an owner or operator of an underground storage tank which contained or contains petroleum or hazardous substances which may be resulting in a "release,11 as that term is defined in Subtitle I of the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. §6991(5), and regulations promulgated pursuant thereto, 40 CFR $280.12. Therefore, you may be responsible for corrective action pursuant to 42 U.S.C. S6991b and Subpart F of 40 CFR Part 280. Currently, the TEIC is performing a remedial investigation/ feasibility study in the area under an Administrative Order with EPA, which is scheduled to be completed in the Winter of 1994. Pursuant to the preliminary findings during the performance of this RI/FS for the Tutu Wells Site, we believe that a "remedial" action (as defined in Section 101(24) of CERCI*, 42 U.S.C. §9601(24)) and "corrective action" (as set forth in Section 9003(b) of RCRA, 42 U.S.C. S6991b), may be necessary at the Site. These actions would address, among other things, groundwater and soils at your facility which may be contaminated with hazardous substances and petroleum. Please indicate whether you are interested in cooperating in future activities involved with this Site, by June 18, 1993, in writing, to: Andrew L. Praschak Office of Regional Counsel U.S. Environmental Protection Agency Caribbean Field Office 1413 Fernandez Juncos Avenue Santurce, PR 00909 A copy of this correspondence should also be sent to the Project Manager at the following address: Caroline Kvan Super fund Division U.S. Environmental Protection Agency 26 Federal Plaza Room 737 New York, NY 10278 Those parties who indicate, in writing, that they are interested in participating in future activities at the Site are invited to attend an organizational meeting with the other parties as well as EPA and the Virgin Island Department of Natural Resources on July 8 at 10 am at the Nisky Center in St. Thomas, U.S. Virgin Islands. Your letter should indicate whether your company intends to attend this meeting and who will be present to represent the company at this meeting. If you have any questions about this letter or the July meeting call Caroline Kwan at (212) 264-0151. Legal questions should be referred to Andrew Praschak at (809) 729-6951. Sincerely yours, eorge Pavlou, Acting Director ; Emergency and Remedial Response Division cc: Andrew Praschak, EPA-CFO Leonard Reed, DPNR Larry Spivack, DPNR John Coon, Coon & Sanford oO3 1656