8 oo > CO CO OJ LAW OFFICES OF JOHN K. DEMA, RC. —————— 4Cfln WvJ JOHN K.D£M/? Pft ft. Crrrrn r>fv* CAREY-> 3 1 March 1993 CO Ms. Caroline Kwan Andy Praschak, Esquire Project Manager Assistant Regional Counsel USEPA - Region II USEPA - Caribbean Field Office 26 Federal Plaza, Room 737 1413 Fernandez Juncos Avenue New York, NY 10278 Santurce, PR 00909 • Re: Response of Four Winds Plaza Partnership to Request o for Information pursuant to §§104teW1) and 104feU2l of CERCLA 1 Dear Ms. Kwan and Atty. Praschak: Four Winds Plaza Partnership is submitting concurrently with this letter its confirmed responses to the Request for Information associated with the investigation being conducted by EPA/DPNR into the contamination of the Tutu g well field on St. Thomas, U.S. Virgin Islands. H' w. Since the definition of "facility" under the Request for Information is inclusive of all 8 tenants at Four Winds Shopping Center since the date of construction, Four Winds | is presently in the process of attempting to interview past tenants who were active < in this location prior to the formation of Four Winds Plaza Partnership and its L.- t Four Winds Plaza Partnership's Response IS To U.S. EPA's Request For Information installed prior to the purchase of the shopping center by Four Winds in September 1985. • Underground Waste Oil Storage Tank Status: Out Of Service Size: approx. 3 ft. hi diameter and 5-6 ft. long. Location: On the west side of Four Winds Plaza adjacent to the entrance to the service bays at Western Auto. Installation: No documents have been located that indicate the date of installation, repair, replacement and/or maintenance to this tank. Tank was installed prior to the purchase of the shopping center by Four Winds hi September 1985. PUEBLO Please refer to Sheet R-2 on the attached diagrams, hi this revised Pueblo power plan a 285 gallon UST is depicted. File searches, and site inspections have revealed no evidence that this tank was installed. However, site inspections at the rear of the Pueblo facility indicate that the naturally occurring rock formations may have made it impractical for the tank to be placed underground. Interviews are being conducted with Pueblo personnel and any additional information will be supplemented in a subsequent response. No other underground tanks are know or suspected to exist. d the former location of all underground storage tanks that have been removed. Four Winds Plaza Partnership's Response 16 To U.S. EPA's Request For Information RESPONSE No former locations of underground storage tanks are known or suspected to exist. e. all floor drains, roof catchment drains, sewers, sinks and associated piping. RESPONSE For floor drains, sewers, sinks and associated piping, please refer to the following diagrams: Sheet R-3, Sheet R-4, Sheet P-l, Sheet P-2, Sheet P-3, Sheet P-4, Sheet P-5, Sheet P-6, Sheet P-7, Sheet A-3, Sheet A-13, Sheet A-14. This response will be supplemented with information concerning the location of roof catchment drains since diagrams responsive to this request do not presently exist. Four Winds will also supplement this response by providing diagrams for the more recent construction including the car wash, the addition at the south end of the Plaza and the construction in the Courtyard. TUT 003 2391'i Four Winds Plaza Partnership's Response 17 To U.S. EPA's Request For Information f. all on site areas where hazardous wastes, regulated substances or hazardous substances are or could have been used, stored and disposed of; RESPONSE Western Auto Refer to Sheet P-4 and Sheet A-3 This response will be supplemented with diagrams of the car wash and any additional information that is responsive from the completion of tenant interviews. g. all above-ground tanks; RESPONSE In a supplemental response to this question, Four Winds will supplement this response with a diagram locating the following: Pueblo: • Above Ground Diesel Tank Status: In Service Size: Approximately 200 gallons Location: Behind Pueblo on the west side of Four Winds Plaza Installation: No documents have been located that indicate the date of installation, repair, replacement, and/or maintenance to this tank. Tank was installed prior to the purchase of the shopping center by Four Winds in September 1985. • Above Ground Diesel Tank Status: In Service Size: Approximately 500 gallons Location: Behind Pueblo on the west side of Four Winds Plaza 2396 Four Winds Plaza Partnership's Response 18 To U.S. EPA's Request For Information Installation: No documents have been located that indicate the date of installation, repair, replacement and/or maintenance to this tank. Tank was installed prior to the purchase of the shopping center by Four Winds in September 1985. Western Auto: • Above Ground Diesel Storage Tank Status: In Service Size: Approximately 55 gallons Location: Behind Western Auto against the west wall of Four Winds Plaza Installation: No documents have been located that indicate the date of installation, repair, replacement and/or maintenance to this tank. Tank was installed prior to the purchase of the shopping center by Four Winds in September 1985. Four Winds Plaza: • Above Ground Diesel Storage Tank Status: In Service Size: Approximately 200 gallons Location: West side of the Plaza adjacent to the Pump Room. Installation: No documents have been located that indicate the date of installation. Tank was installed prior to the purchase of the shopping center by Four Winds in September 1985. Barker* s/Riteway: • Above-Ground Diesel Storage Tank Status: Abandoned Size: Approx. 5 ft. in diameter, length, unknown Location: On the west side of the Plaza near the approach to the Western Auto service area TUT OO3 Four Winds Plaza Partnership's Response 19 To U.S. EPA's Request For Information and to the rear of the former Barker's/Riteway unit. Installation: No documents have been located that indicate the date of installation, repair, replacement, and/or maintenance to the tank. Tank was installed prior to the purchase of the shopping center by Four Winds in September 1985. Tank is encased in an above-ground concrete access ramp. Cobb Theaters! • Partially Buried Diesel Storage Tank Status: In Service Size: Approximately 100 gallons Location: On the south side of the Plaza Installation: No documents have been located that indicate the date of installation repair, replacement and/or maintenance to the tank. The tank was installed prior to the purchase of the shopping center by Four Winds in September 1985. Quality Plus; • Above Ground Diesel Storage Tank Status: Out Of Service - date unknown Size: Approximately 25 gallons Location: On the south side of the Plaza Installation: No documents have been located that indicate the date of installation, repair, replacement and/or maintenance to the tank. Tank was installed prior to the purchase of the shopping center by Four Winds in September 1985. Pizza Hut: • Above Ground Propane Gas Cylinder Status: In Service Size: Approximately 200 pounds 2398 Four Winds Plaza Partnership's Response 20 To U.S. EPA's Request For Information Installation: No documents have been located that indicate the date of installation. Any records pertaining to repair, replacement and/or maintenance may be available from the owner of the tank and Four Winds will supplement this answer as to the tenant's information or existence of any records. Tank was installed prior to the purchase of the shopping center by Four Winds in September 1985. s Baker: • Above Ground Propane Gas Cylinder Status: In Service Size: Large - will supplement with size when owner is identified. Installation: No documents have been located that indicate the date of installation. Tank was installed prior to the purchase of the shopping center by Four Winds in September 1985. Any records pertaining to repair, replacement and/or maintenance may be available from the owner of the tank and Four Winds will supplement this response with the name and address of the tank's owner and any records if located by the tenant. h. the facility cistern and catchment system. RESPONSE Please refer to the attached diagrams Sheets R-l, P-l and P-2. This response will be supplemented with diagrams locating catchment system and the cisterns in the car wash and the addition on the south side of the Plaza. 12. For each septic tank, identified in question 11.a. above, state the date the tank was installed, the design plans for the system, Four Winds Plaza Partnership's Response 21 To U.S. EPA's Request For Information the firm that installed the system and all maintenance records. For any septic tank taken out of service, specify the date it was taken out of service and the reason for discontinuing its use. Also identify all discharges to the tank and the origin of these discharges. RESPONSE See response to 11.a. above. No septic tanks, past or present, are known or suspected to exist on site. 13. For each outfall or discharge identified in your response to question ll.b. above, state the nature of the discharge, any required permits for such discharges, the origin of the discharge and all associated piping. RESPONSE Esso Tutu: For the 4" and 3" pipes discharging to the Four winds parking lot, the origin of the discharge is the waste oil system at the Esso Tutu Service Station. According to US EPA's Administrative Order of 3/22/90, and the results of the soil/gas surveys conducted by Belgodere and Associates and Target, this waste oil is believed to have been contaminated by substances found on the CERCLA list of Hazardous Substances. No permits were ever issued for these discharges. The outfalls and discharge locations of the waste oil system of Esso Tutu were never identified to the EPA in Esso's response to the EPA's Request for Information. This response will be supplemented since Esso's failure to do so is presently the subject of a motion for sanctions in the Tutu Water Wells Contamination Litigation. 003 240' Four Winds Plaza Partnership's Response 22 To U.S. EPA's Request For Information As concerns the scupper like discharges at Esso Tutu, the origin of the discharge was the Esso Tutu Station. The nature of the discharge is assumed to be primarily rainwater runoff. Four Winds Cistern: The cistern discharges water collected in the Four Winds water catchment system only when the cistern reaches capacity. Since the Four Winds' wells have been contaminated, the source of the water that is discharged is rainwater collected from the roof. The air conditioning discharge is condensation from the compressors, and is piped off the roof pursuant to the directions of DPNR to prevent contamination o the cistern at Four Winds. The rainwater that is drained off certain sections of the roof is pursuant to the directions of DPNR until the Topcoat membrane is completely applied to these sections. This response will be supplemented if responsive information is obtained as Four Winds continues with tenant interviews. 14. For each underground storage tank identified in your response to question ll.c. above, provide the following information: a. the date the tank was installed: RESPONSE Four Winds has not located any documents that indicate the date that the Western Auto UST's were installed, however, it is believed that the UST's were installed at the time of original construction of the Plaza in the late 1970's. The installation was either by Western Auto's own finishing crews or at the direction of Four Winds Plaza Partnership's Response 23 To U.S. EPA's Request For Information Western Auto's Kansas City office which provided the instructions and approved the plans and specifications of the waste oil tank. b. all design and installation records for the tank and associated piping, including the expected life of the tank and the corrosion protection for the tank and associated piping, seasonably high water levels and any lining system; RESPONSE Four Winds has not located any documents or information responsive to this request. c state whether or not the tank is currently in service; if not hi service, state the date of closure and the reasons for discontinuing use of the tank, and any further plans for the tank; RESPONSE Western Auto Waste Oil UST: The UST is no longer in service. The tank was apparently taken out of service hi 1981 or 1982 when Western Auto discontinued oil changes at the facility. See responses to Questions No. 7. and ll.c. above. Western Auto Diesel UST Upon information and belief, the Western Auto's Diesel UST was abandoned in place in the early 1980's when an above ground diesel tank was put into service. The Western Auto UST investigation conducted by Caribbean Hydro-Tech for Four Winds located and accessed the diesel UST and also sampled both the contents of the tank and the surrounding soil. Four Winds Plaza Partnership's Response 24 To U.S. EPA's Request For Information (See reports from Caribbean Hydro-Tech, Inc. to Clifford Crooke, DPNR) Through deposition testimony, the following has been elicited: Charles Frazer, Western Auto St. Thomas employee since April 1979. Q; Okay. The underground tank that was used for diesel oil before that, where is that located? A: Someplace around this area here. Q; Okay. In the immediate vicinity of the yellow tank? A: Yes, urn-hum. Q; Okay. When was that, when was that closed off? When was that closed and covered over? A: About 11 or 12 years ago. Q; Okay. Was that — do you know whether it was removed from the ground or — A: No, I have no idea. Q; It was covered? A: I have no idea. I think it was just covered over. Q; Do you know who owned that tank; whose tank that was? A: Well, we put diesel in it, so I assume it were Western Auto. I don't know about that. [Deposition of Charles Frazer 11/9/92, Page 14, Lines 4-22.] Four Winds has no additional information responsive to this request. d. for any tank or piping that has been replaced, state the reason for replacing the tank or piping, the day of removal of the Four Winds Plaza Partnership's Response 25 To U.S. EPA's Request For Information tank or piping, the day of inspection and the firm that conducted such inspection, the workplan for the removal, the condition of the tank or piping upon removal, the condition of soil surrounding the replaced tank or piping, whether any soil was removed or taken, and any sampling results connected with the replacement of the tank or piping; RESPONSE Four Winds has found no information that suggests that Western Auto's two UST's or associated piping were ever replaced. e. identify the type, characteristics and quantity of substances stored in the tank. Also provide all records related to the volume of materials shipped to the tank and removed from the tank. RESPONSE Western Auto's Waste Oil UST Four Winds has found no information to suggest that anything but used motor oil was stored in the waste oil UST. In the response to Question No. 3. above, it was reported that Western Auto generated 50 gallons of waste oil per month. The response to Question No. 7. above, indicates that the waste oil tank was emptied twice, and that service was performed by HMS Systems. Four Winds has no additional information response to this request. Western Auto's Diesel UST Four Winds has been told that the diesel UST was used up to the early 1980's to store diesel oil to power Western Auto's emergency generator. In the attached reports from Caribbean Hydro-Tech to Clifford Crooke, lab reports indicate that the substance Four Winds Plaza Partnership's Response 26 To U.S. EPA's Request For Information in this tank in early December 1992, appeared to be diesel oil with the detected presence of 1,1,1-Trichloroethane at a level of 700 ppb. This data is presently being validated. The only information that Four Winds has learned regarding the materials removed from the tank conies from the deposition of Charles Frazer: Oj Do you recall when you switched from the underground tank to the above-ground tank for the diesel fuel, was there still diesel fuel in the underground tank? A: No. Q; There was not? A: No. Q; And why was that? Had you just used it all, or did you pump it out? A: I don't know, that's what I'm saying, I don't know whether the oil — diesel were in it or not, you know. I have no idea whether diesel were in it. [Deposition of Charles Frazer, 11/9/92, Page 50, lines 21-25, Page 51, Lines 3-9] Q; Did anybody come and pump anything out of that tank? A: They pump water. Smitty pumped water out of the tank. Q; Where is Smitty from? A: That's Quartermaster Diesel. Q; Okay. After he pumped water out of the tank, was anything else to your knowledge put in the tank? Four Winds Plaza Partnership1! Response 27 To U.S. EPA's Request For Information A: No. I think that's when it close up. [Deposition of Charles Frazer, 11/9/92, Page 52, lines 15-23] Oj When he pumped this water out of the underground diesel tank-- A: Um-hum. Q; where did he pump it to? A: He had about nine or ten 55-gallon drums that he showed me he got filled with nothing but water. Q; And then what did he do with them? A: He took it away in a truck. He had his truck; he had them filled in the truck, and he took them away. Q; Okay. Do you know whether the diesel tank was completely empty when they sealed it over? A: I have no idea. I know he took all the water and he told me that's all he got out of it. [Deposition of Charles Frazer, 11/9/92, Page 53, lines 21-52; Page 54, lines 3-11] Four Winds has no further information responsive to this request. f. provide a detailed accounting of all maintenance activities on each tank or piping. This should include a detailed description of each repair on the tank and piping, the reason for the repair and how the problem was discovered. RESPONSE Western Auto's Waste Oil UST 'TUT O03 24O6 Four Winds Plaza Partnership's Response 28 To U.S. EPA's Request For Information Four Winds has no information pertaining to any maintenance and repairs performed on the waste oil UST or associated piping. Western Auto's Diesel Fuel UST Four Winds has no information pertaining to any maintenance and repairs performed on the waste oil UST or associated piping. g. identify each suspected leak or spill associated with the tank or piping. Provide the date of the leak, the quantity of material lost, and how was it determined, the corrective action undertaken, and the names and addresses of all persons with knowledge of the incident. RESPONSE Western Auto's Waste Oil UST Four Winds has no information regarding leaks or spills from Western Auto's waste oil UST or associated piping. Four Winds has been told by Mr. Clifford Crooke of DPNR that he suspects that the hydrocarbon contamination hi the soil adjacent to the waste oil UST is a result of sloppiness on the part of Western Auto employees as they poured waste oil into the UST. Mr. Charles Frazer testified that there have not been any leaks from the tanks: Oj Do you — to your knowledge, were there ever any problems, did the company ever have any problems with an underground storage tank, leaks or overflow? A: Sewage tank? Oj Underground storage tanks. You've identified two; one for diesel oil ~ Four Winds Plaza Partnership's Response 29 To U.S. EPA's Request For Information A: And one for waste oil. Oj and one for waste oil. A: Yes. Q; To the best of your knowledge, did you ever have any — experience any problems with those tanks, overflows or leaks or any other problems? A: Never, not since I was there. [Deposition of Charles Frazer, 11/9/92, Page 30, lines 4-20.] Western Auto's Diesel Fuel UST Four Winds has no information regarding leaks or spills from Western Auto's diesel UST or associated piping. Mr. Charles Frazer has testified that although the diesel UST was taken out of service because it was damaged it did not leak any diesel fuel. Q; Okay. Why did they switch from using the underground diesel storage tank to power the generator to using this above ground? A: Oh, okay. I heard the underground one was damaged. That's what I heard. [Deposition of Charles Frazer, 11/9/92, Page 43, Lines 8-12] Oj When you heard that this underground tank, diesel tank, was damaged, did you hear that it was leaking fuel? A: No, I don't know that. I heard it had water, so that's why they used the side tank. Oj Water where? TUT 003 2408 Four Winds Plaza Partnership'! Response 30 To U.S. EPA's Request For Information A: In the, in the tank, because the generator used to work and stop, work and stop. [Deposition of Charles Frazer, 11/9/92, Page 43, Lines 23-25; Page 44, lines 3-7.] Oj Do you recall how it was determined that underground diesel tank was damaged? A: Yes. I think the spouting got broken. Q; The spout? A: Yes. Q; Broken in what way; do you know? Broken off? A: I don't know whether it were off or what. That's what I've been told. Q; Are you describing a spout that would come above ground from the tank? A: Where you put the diesel fuel. Q; Um-hum MR. COLE: The fill pipe? THE WITNESS: Yes, um-hum BY MR. HILLSMAN: Oj How was it damaged; do you know? A: No, I don't know. I don't. Oj Do you know whether or not when it was damaged that any diesel fuel leaked? A: No, no diesel fuel, or else you would have seen it on the ground back there. TUT 003 2409 Four Winds Plaza Partnership's Response 31 To U.S. EPA's Request For Information [Deposition of Charles Frazer, 11/9/92, Page 48, Line 12 through Page 49, Line 9] h. provide a copy of all notifications given to the Department of Natural Resources regarding the existence of each tank. RESPONSE To date, DPNR has been notified of the existence of both Western Auto's UST's.. Notification was made on or about February 11, 1993 pursuant to Section 9002 of RCRA by the owner and operator of the tanks, Western Auto. A copy of the notification is attached as Exhibit X, Y or Z. It is the position of Four Winds that under section 9001 of RCRA it is not the owner or operator of any underground storage tank on its property. For this reason, Four Winds has not filed a notification with DPNR of such tanks itself. Section 9001 reads in pertinent part: "For the purposes of this subchapter-... (3) The term 'owner' means- (A) in the case of an underground storage tank in use on November 8,1984, or brought into use after that date, any person who owns an underground storage tank used for the storage, use, or dispensing of regulated substances, and (B) in the case of any underground storage tank in use before November 8, 1984, any person who owned such tank immediately before the these products is discontinuation of its use. (4) The term 'operator' means any person in control of. or having responsibility for, the daily operation of the underground storage tank." TUT GO3 241O Four Winds Plaza Partnership's Response 32 To U.S. EPA's Request For Information 42 U.S.C.A. §6991 (emphasis added). 15. For each floor drain, roof catchment drains, sewer or sink, identified in your response to question 11. e. and associated piping for each, state whether any hazardous products containing hazardous substances or regulated substances were disposed of in each. RESPONSE The products identified in response to Question 1 above and used by the car wash are diluted with water and/or are volatilized during routine use. The water collected from the car wash is reclaimed and, pursuant to the direction of USVI Public Works Department is discharged to the sanitary sewer. At this time, Four Winds has no evidence that regulated substances, other than those found in such products as draino and household cleaners, have been disposed of through its sewer lines. Please refer to Four Winds' response to question number sixteen (16) for more on this subject. 16. For each location identified in your response to question ll.f. above, state the manner in which each hazardous or regulated substance is or was containerized 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, person or agency notified, corrective actions taken and the names and addresses of any person with knowledge of the release. RESPONSE As noted in Four Winds' answer to question ll.f., the only locations where it is established that hazardous materials have been used are the Western Auto store and the Splash and Dash car wash. At the Western Auto site, mechanics used spray can solvents in their TUT OO3 2411 Four Winds Plaza Partnership's Response 33 To U.S. EPA's Request For Information work. The spray cans were factory sealed and stored on shelves in the work area. Because spray cans were used, disposal was not an issue. Any solvent that failed to volatilize during application was generally wiped up with a mechanic's rag and tossed in a commercial dumpster along with any spent spray cans. Four Winds has no evidence that a release of these solvents ever occurred prior to Western Auto's disposing of them in the Bovoni landfill. The hazardous chemicals used at the Splash and Dash car wash are found within cleaning agents and are stored in factory sealed containers until use. Use of these materials involves the dilution and further mixture of the cleaning agents with water. After the water/cleaning agent mixture is applied to a vehicle, the used water is reclaimed for additional use and then eventually and pursuant to the directions of the Public Works Department, discharged to the sanitary sewer. As with the Western Auto store, Four Winds has no evidence that a release of chemicals ever occurred at Splash and Dash. 17. For each aboveground tank identified in your response to question ll.g. provide the following information: a. Date of installation of tank. RESPONSE See response to question 11. g. above b. Date of construction of the containment system, if any. RESPONSE TUT CO3 2412 Four Winds Plaza Partnership1! Response 34 To U.S. EPA's Request For Information During February of 1992, with the exception of Pueblo's two above-ground diesel tanks, concrete containment areas were constructed around the above-ground diesel tanks located at Four Winds Plaza. c. Identify the type, characteristics and quantity of the products or substances stored at such unit. RESPONSE See response to question 11. g. above. d. State whether any leaks or releases have occurred from such above ground tanks. RESPONSE Four Winds possess no evidence that any release ever occurred from any aboveground tank. 18. For the facility's cistern and catchment system identified in response to question 11. a., provide the following information. a. Identify the type of product or substances in use or used to protect, cover or seal the catchment area since the construction of the shopping center. RESPONSE Prior to the purchase of the Plaza by Four Winds Plaza Partnership on September 12, 1985, the catchment area was coated with an asphalt type base covered with gravel. Four Winds knows of no lab analysis of the constituent components of this material. This roof coating remained in place until September 18, 1989 when the roof was destroyed by Hurricane Hugo. Subsequent roof repairs used materials consisting of a rolled rubberroid material O03 24.13 Four Winds Plaza Partnership's Response 35 To U.S. EPA's Request For Information manufactured by GAP as the base over which a liquid rubber coating manufactured by Topcoat of Walpole, Massachusetts was applied. b. Identify the company or companies which applied and/or removed such product. RESPONSE SSS Roofing and Sheet metal was the firm hired to repair the roof. Roof repair was also performed by Four Winds Plaza management and personnel. c Explain how the materials removed or cleaned from the catchment area are or were handled and disposed of. RESPONSE The new roof material was placed over the old roof material. The material removed or cleaned from the roof catchment area was loose stone and/or gravel. This stone and/or gravel was then offered to St. Thomas masons who from Four Winds to use in the mixing of concrete. d. Explain how the liquids or sludges are removed from the cistern, are or were handled and disposed of. RESPONSE At the suggestion of Mr. Leonard Reed of DPNR, when the cistern was emptied in 1991, the toilet valves in about ten stores were opened and the water was allowed to just constantly run, discharging to the sanitary sewer. In addition, during the day when management personnel were available to monitor, the valve on the TU "I O03 2:414 Four Winds Plaza Partnership's Response 36 To U.S. EPA's Request For Information 2,000 gallon pressure tank in the pump room was opened and this water also was discharged to the sanitary sewer. When the cistern was emptied the remaining silt in the cistern was removed by Lew Henley's Sewage Disposal. Mr. Henley has testified that the silt from the Four Winds cistern was disposed in the government landfill at Bovoni. e, Explain whether the water collected in the catchment area is or has been contaminated or unfit for human consumption. RESPONSE The water presently collected in the cistern from the roof catchment system is unrestricted and deemed acceptable for human consumption according to DPNR. The water system at Four Winds Plaza was designed to use both well water from three wells located at the Plaza and from rain water collected from the roof catchment system. Water from both sources was designed to be stored in the cistern. This water would then be treated and distributed through-our the Plaza and is regulated by the government of the Virgin Island as a Public Water Supplier. In August 8, 1987, the wells at Four Winds were order closed due to the groundwater contamination. Except for a modifying order issued to Four Winds to allow the use of treated well water for non-human consumption at the car wash, Four Winds has been forced to rely on rain water and the purchasing of trucked water. In the fall of 1990, relying solely on rain water collected from the roof, the cistern water took on an odor and a tea color. Subsequent water analysis revealed that the water exceed both TUT CO 3 241.5 Four Winds Plaza Partnership's Response 37 To U.S. EPA's Request For Information turbidity and bacteria criteria. This problem was traced to the GAP Rubberoid roofing material that was applied after Hugo destroyed the pre-existing roof. In addition, since the Plaza was built, there have been occasions when the cistern water exceeded the standards for bacteria. This response will be supplemented within the next thirty days with the dates when the safe drinking water standards have been exceeded. f. If the answer to question 18. e. is yes, indicated how the water was removed and disposed of, the date of the incident, the date of the removal, provide copies of all chemical analysis of the water and cistern sludge, identify the persons involved in the removal and testing, the quality of the water removed, the date and disposal location and provide copy of all governmental permit obtained in relation to such activities. RESPONSE Information and documents responsive to this request, and not piready provided in response to previous questions, will be provided within the next thirty days. 19. a. State the correct name of your company, which shall hereafter be referred to as the "Company". RESPONSE Four Winds Plaza Partnership is a Virgin Islands' limited partnership. T'UT 003 2416 Four Winds Plaza Partnership's Response 38 To U.S. EPA's Request For Information b. State the current legal name and status of the facility RESPONSE Four Winds owns in fee simple absolute the Four Winds Plaza Shopping Center and the underlying parcel of land located at Parcel 392 Estate Anna's Retreat (TuTu) No. 1 New Quarter, St. Thomas, U.S. Virgin Islands consisting of 10.08 acres, as more fully shown on P.W.D. Drawing No. A9-257-T77. c State the name(s) and address(es) of the President and Chairman of the Board, or partners of the Company. RESPONSE Partners: Quincy Corporation (General Partner) Fairfield Business Campus 333 Route 46 West Fairfield, NJ 07004 North Jersey Development Corporation (Limited Partner) P.O. Box 3692 St. Thomas, VI 00801 Fairfield Group (Limited Partner) P.O. Box 3692 St. Thomas, VI 00801 Frank Bonanno (Limited Partner) Fairfield Business Campus 333 Route 46 West Fairfield, NJ 07004 d. Identify the state or incorporation and agent for service or process in the Virgin Islands of the owner and operator of the facility and any underground storage tanks thereon. If more than one, answer for each. 003 2417 Four Winds Plaza Partnership's Response 39 To U.S. EPA's Request For Information RESPONSE Facility: Four Winds Plaza Partnership Organized under the laws of the Virgin Islands Agent for service of process: CT Corporation 24-25 Kongens Gade Charlotte Amalie St. Thomas, VI 00801 UST's Western Auto Supply Company Organized under the laws of Delaware Agent for service of process: Richard E. Grunert 24-25 Kongens Gade Charlotte Amalie St. Thomas, VI 00801 e. Identify the owner or operator of the facility underground tank. RESPONSE See response to question 19. d. above. 20. In identifying a Company that no longer exists, provide all the information called for in item 19, except for the agent for service of process. If the Company did business under more than one name, each name should be designated. RESPONSE Four Winds is unrelated to any other organization. 21. Does the facility have a permit or permits issued under the Resource Conservation and Recovery Act, 42 U.S.C. §§6901, et seq. TUT' GO 3 74 IP hour Winds Plaza Partnership's Response 40 To U.S. EPA's Request For Information If the Company has an EPA identification number, state it in your answer. RESPONSE To Four Winds' knowledge, neither itself nor any of its tenants ever needed or possessed a permit issued under the Resource Conservation and Recovery Act. 22. Please respond to the following question 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, disposal, or arrange for disposal of: a. any hazardous waste? RESPONSE To the best of Four Winds' knowledge, neither itself nor any of its tenants ever transported, disposed or arranged for the transportation or disposal of any hazardous substance or waste. The only action taken concerning regulated substances involved Western Auto's removal of its waste oil during the years it stored such waste, and the commercial dumpster into which rags and spent aerosol cans were placed and then transported to Bovoni landfill by commercial carrier. The present waste hauler is D and C Heavy Equipment under contract by Western Auto. For a full description of this activity, please see Four Winds' response to questions number nine (9) and ten (10). b. any hazardous substance? RESPONSE See response to question 22. a. above. TUT O03 2419 Four Winds Plaza Partnership's Response 41 To U.S. EPA's Request For Information c. any regulated substance? RESPONSE See response to question 22. a. above. 23. State whether there exists any agreement or contract (other than an insurance policy), which may indemnify the Company, present owner of shares in the Company or past owners of shares in the Company, for any liability that may result from any release of a hazardous substance, regulated substance or hazardous waste from the facility. If so, please provide a copy of the agreement or contract. Identify any agreement or contract that you are unable to locate or obtain. RESPONSE Four Winds' has no knowledge of any agreement that might indemnify itself or any of its present or past partners for liability resulting from the release of any regulated substance. 24. State whether an insurance policy has ever been in effect which may indemnify the Company against any liability which it may have for any release or threatened release of a hazardous substance, regulated substance or hazardous waste that may have occurred at the facility. If so, please provide a copy of the policy. Identify any policy that you cannot locate or obtain by the name of the carrier, years in effect, nature and extent of coverage, and any other relevant information you have. RESPONSE Four Winds' insurance carrier maintains that no coverage exists and has filed a declaratory judgment action which is presently pending in the U.S. District Court, Division of St. Thomas and St. John. The EPA will be notified as soon as this issue is resolved. !"UT Four Winds Plaza Partnership's Response 42 To U.S. EPA's Request For Information Additional Information Below is a list of the tenants of Four Winds Plaza since September 1985. Quality Foods - Unit 1A&B Retail food and Grocery Status: Current Tenant Quality Foods Corp. P.O. Box 1919 St. Thomas. VI 00801 VI Police Department - Unit 1C-1 To Serve and To Protect Status: Current Tenant % Four winds Plaza 392 Anna's Retreat St. Thomas, VI 00802 Tust-A-Thought - Unit 1C-11 Video Game Arcade Status: Former Tenant (through 9/89) Just-A-Thought Amusements, Inc. P.O. Box 501 St. Thomas, VI 00801 Roy Schneider Campaign - Unit ID Campaign Headquarters Status: Former Tenant; Fall of 1986 only Roy L. Schneider, MD.. Estate Thomas Medical Foundation TUT Four Winds Plaza Partnership's Response 43 To U.S. EPA's Request For Information St., Thomas, VI 00801 R.C. Cobb Theaters of the V.I. - Unit 2-3 Movie Theaters Status: Current Tenant R. C. Cobb, Inc. 924 Montclair Road Birmingham, Alabama 35213 Pizza Hut - Unit 4 Restaurant Status: Current Tenant Pizza Management, Inc., International P. O. Drawer 65100 San Antonio, Texas 78265-5100 People's Fashion/Value City - Unit 5 Department Store Status: Current Tenant % Four Winds Plaza 392 Estate Anna's Retreat St. Thomas, VI 00802 Cupids - Unit 5A&B Retail Shoes Status: Former Tenant (Until December, 1988) Cupids Shoe Store P. O. Box 2763 Charlotte Amalie St. Thomas, VI 00801 Third World Electronics - Unit 7 Retail Music and Electronics Moved to Unit ID in April of 1987 TUT OO3 24? Four Winds Plaza Partnership's Response 44 To U.S. EPA's Request For Information Status: Current Tenant Third World Electronics P.O. Box6104 St. Thomas, VI 00801 Four Winds Management Office - Unit 8 (through 6/89) Moscoso Drugs • Pharmacy Status: Former Tenant (Until approximately 9/91) Moscoso, Inc. G.P.O. Box 3687 San Juan, PR 00936 Western Auto - Unit IS Retail Auto Supplies and Home Appliances Status: Current Tenant Western Auto Supply 2107 Grand Avenue Kansas City, MO 64108 Riteway - Unit 16 Retail Department Store Status: Former Tenant, a/o approximately 7/89 Riteway P. O. Box 8830 St. Thomas, VI 00801 VI Furniture - Unit 17&18 Retail Furniture Status: Current Tenant Four Winds Plaza Partnership's Response 45 To U.S. EPA's Request For Information V.I. Furniture P. O. Box 8830 St. Thomas, VI 00801 Klrmey Shoes - Unit 19 Retail Shoes Status: Current Tenant Kinney Shoes P. O. Box 2663 Harrisburg, PA 17105 s - Unit 20 Retail Women's Clothing Status: Current Tenant Petrie Store Corp. 70 Enterprise Ave. Secaucus, NJ 07094 Pueblo -Unit 21 Supermarket Status: Current Tenant Pueblo International, Inc. G.P.O. Box 3 288 San Juan, PR 00936 Gourmet Gallery - Unit 22 Retail Specialty Foods Status: Former Tenant, a/o 9/89 Gourmet Gallery, Inc. P. O. Box 4987 St. Thomas, VI 00801 H.B. Inc. (Flower Shop) - Unit 22-A Retail Florist TUT OO3 2424 Four Winds Plaza Partnership's Response 46 To U.S. EPA's Request For Information Status: Current Tenant Contant Flowers % Four winds Plaza St. Thomas, VI 00802 Baker - Unit 23 Fresh Baked Goods (take-out only) Status: Current Tenant H. B. Inc., d/b/a Bachman's Bakery P. O. Box 3304 St. Thomas, VI 00801 Glentronics - Unit 24 (through 6/89) (De-De's Sight and Sound) Electronics and Video Rentals Status: Former Tenant, a/o 6/89 P. O. Box 6-L Sunny Isle St. Croix,VI 00820 McDonalds - Unit 23R & 24R Warehouse Only Status: Former Tenant (a/o 7/90) McDonald's P. O. Box 3449 Christiansted St. Croix, VI 00822 C