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EXPRESS MAIL RETURN RECEIPT REQUESTED Andreas Gal 100 Sunrise Avenue Palm Beach, FL 33480 Re: Tutu Wells Site St. Thomas. U.S. Virgin Islands Notice of Potential Liability Pursuant to CERCLA. 42 U.S.C. §9601 et sea. Dear Mr. Gal: 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. §§9601-9675. EPA has documented the release and threatened release of hazardous substances and petroleum into the environment at the Tutu Wells Site ("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 ("TBME") have been detected in groundwater, soil samples and supply wells in the vicinity of the upper Turpentine Run basin. EPA has spent public funds in detecting hazardous substances at the Site and anticipates spending additional public funds. These actions have been and will be taken by EPA pursuant to CERCLA. 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 conducted by the Tutu Environmental Investigation Committee ("TEIC") . g : gal . cln\ckwan SYMBOL —— > SURNAME -- > "^OATE ——— > ENYCSII C. KWAN y \AX\r/ l> f.A\ ENYCSII M. HAUPTMAN '•' '•\/4'v~'jA w\»AJ\ *^ \ \ ^ ORC p. SIMON /j ORC E. SCHAAF /T^?/° rlj. / f NYCSBI I c.^reW '^r1' NYCP «,;N^BE X A\ "^ ^. V * ' ERRD K. CALLAHAN /* 1 S 6*<.-t*X_ ff\ I *65018* 65018 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. On June 4, 1993, EPA notified you that we had reason to believe that you were an owner/operator of the textile manufacturing facility ("Laga Plant" or "Plant") at which there has been a release or threatened release of hazardous substances which has caused EPA to incur response costs. This Plant is part of the Site. We also notified you that we had reason to believe that you were an owner/operator of the Laga Plant at the time of the disposal of hazardous substances there. Accordingly, you were identified as a potentially responsible party ("PRP") under Section 107(a) of CERCLA, 42 U.S.C. §9607(a), with respect to the Site. Since the date of that notice, EPA has received additional information which indicates that you may also be a potentially responsible party under Section 107(a) of CERCLA, 42 U.S.C. §9607(a), by virtue of your being a principal shareholder and/or officer and/or director of Laga Industries, Ltd., Duplan Corporation and/or Panex Industries, Inc. and as a general partner of Panex Company. In addition, we have information that you are a distributee of the assets of the Panex Industries, Inc. Stockholders' Liquidating Trust formed by Panex Industries, Inc. Each of the above named companies or corporate entities has also recently been notified by EPA of its status as a potentially responsible party at this Site. 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 this summer. Very shortly, we will be issuing for public comment a "Proposed Plan" for remedial action at the Tutu Wells Site. This action would address, among other things, groundwater and soils at the Site which are contaminated with hazardous substances and petroleum. We will send you a copy of the Proposed Plan. TUT OO7 2280 Within two weeks of your receipt of this letter, please indicate whether you are interested in cooperating in future activities involved with this Site, by writing to: Andrew L. Praschak, Esq. Office of Regional Counsel U.S. Environmental Protection Agency Caribbean Field Office 1492 Ponce De Leon Avenue Suite 417 San Juan, PR 00907 A copy of this correspondence should also be sent to the Project Manager at the following address: Caroline Kwan, Project Manager Emergency & Remedial Response Division U.S. Environmental Protection Agency 290 Broadway 20th Floor New York, NY 10007-1866 Whether or not you indicate that you are interested in participating in future activities at the Site, you are invited to attend a public meeting on the Proposed Plan for Remedial Action at the Tutu Site currently scheduled to be held at the Department of Education, Curriculum Center, 386 Anna's Retreat, Estate Tutu, St. Thomas, U.S. Virgin Islands on September 7, 1995 at 7 pm. If you have any questions about this letter or the meeting, call Caroline Kwan at (212) 637-4275. Legal questions should be referred to Andrew Praschak at (809) 729-6951 ext. 231. Sincerely yours, Kathleen Callahan, Director Emergency and Remedial Response Division cc: Andrew Praschak, EPA-CFO Leonard Reed, DPNR Larry Spivack, DPNR Joseph Hurley, DOJ John Newman, Porzio, Bromberg & Newman, P.C. Marc. Z. Edell, Edell & Associates Tim Knutson, Tutu PRP Steering Committee TUT OO7 2281