JUN 0 *
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION II
JACOB K. JAVITS FEDERAL BUILDING
NEW YORK. NEW YORK 1O278-OOI2
—EXPRESS MAIL—
RETURN RECEIPT REQUESTED
Conrad Francois
Executive Director
Virgin Islands Housing Authority
Administration Building
P.O. Box 7668
St. Thomas, U.S. Virgin Islands 00801
Re: Tutu Wells Site
St. Thomasf U.S. Virgin Islands
Notice of Potential Liability Pursuant to CERCLA. 42 U.S.C.
S9601 et sea., and RCRA. 42 U.S.C. S6991b et sea.
Dear Mr. Francois:
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 ("TBME") 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
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others, the current and past owners or operators of the facility
from which there has been a release or threatened release of
hazardous substances.
In response to releases a/.d 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 conducted by the Tutu
Environmental Investigation Committee ("TEIC"). These actions
have been and will be undertaken pursuant to CERCLA.
By this letter, we notify the Virgin Islands Housing Authority
("VIHA") that we have reason to believe that the VIHA is the
current property owner of a tacility at which there has been a
release or threatened release of hazardous substances which has
caused EPA to incur response costs. We also have reason to
believe that VIHA was the property owner of such a facility at
the time of the disposal of hazardous substances there.
Accordingly, VIHA 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," 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. §6991b
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 September 1993.
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 CERCLA, 42 U.S.C.
$9601(24)) and "corrective action" (as set forth in Section
9003(b) of RCRA, 42 U.S.C. $6991b), 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, in writing, by June
18, 1993 to:
Andrew L. Praschak, Esq.
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 Kwan, Project Manager
Emergency & Remedial Response 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 Islands 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 agency intends
to attend this meeting and who will be present to represent the
agency 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,
.
Jr^George Pavlou, Acting Director
/ Emergency and Remedial Response Division
cc: Andrew Praschak, EPA-CFO
Leonard Reed, DPNR
Larry Spivack, DPNR
Ralda V. Simmonds, Legal Counsel
TUT OO3 1653