UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION II
IN THE MATTER OF THE
ESSO Standard Oil S.A., Limited
Texaco Caribbean, Inc.,
L'Henri, Inc., d/b/a O1Henry
Cleaners
TuTu Wells Site, Anna's
Retreat, St. Thomas, U.S.V.I.
RESPONDENT,
Proceeding Under Section 106(a)
of the Comprehensive Environmental
Response, Compensation and
Liability Act, as amended by the
Superfund Amendments and
Reauthorization Act of 1986,
42 U.S.C. §9606(a) and Section 9003
of the Resource Conservation and
Recovery Act as amended, by the
Hazardous and Solid Waste Amend-
ments Of 1984 ("RCRA") 42 U.S.C.
§6991b.
ADMINISTRATIVE ORDER
INDEX NO. II-CERCLA-00401
AND RCRA-90-UST-9003-0401
I. JURISDICTION
1. 
This Administrative Order ("Order") is being issued to
the above-captioned Respondents (hereinafter collectively
referred to as "Respondents") pursuant to the authority
vested in: 1) the President of the United States under
Section 106(a) of the Comprehensive Environmental
Response, Compensation and Liability Act of 1980, as
TLT
*64448*
64448
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amended by the Superfund Amendments and Reauthorization
Act of 1986 ("CERCLA"), 42 U.S.C. §9601 et sea.. which
authority was delegated to the Administrator of the
United States Environmental Protection Agency ("EPA") by
the President of the United States and redelegated to the
Regional Administrator of EPA; and 2) the Administrator
of the United States EPA under Section 9003 of the
Resource Conservation and Recovery Act as amended by the
Hazardous and Solid Waste Amendments of 1984 ("RCRA") 42
U.S.C. §6991b, which authority was delegated to the
Regional Administrator by EPA Delegation No. 8-37, dated
June 5, 1987.
2. 
Notice of the issuance of this Order has been given to
the Department of Planning and Natural Resource ("DPNR")
of the United States Virgin Islands ("U.S.V.I.").
3. 
In the interest of environmental protection and public
safety, Respondents shall undertake all actions required
by the terms and conditions of this Order.
II. DEFINITIONS
I
Unless noted to the contrary, the terms of this Order shall
have the same meaning as terms defined in CERCLA and RCRA.
Whenever the following terms are used in this Order, the
following definitions shall apply:
1. 
Respondents include ESSO Standard Oil S.A., Limited, an
affiliate of EXXON Corporation, ("ESSO"), Texaco
Caribbean inc., a wholly owned subsidiary of Texaco Inc
("Texaco"), and L1 Henri, Inc., d/b/a O1Henry Cleaners
("0'Henry").
2. 
The TuTu Wells Site is the area located at the eastern
end of St. Thomas at the Estate Anna's Retreat section of
the island ("Site").
3. 
Hazardous Substances shall mean any substance included
within the definition of "Hazardous Substances" in
Section 101 Of CERCLA, 42 U.S.C. §9601.
4. 
Petroleum shall mean any substances included within the
definition of "Petroleum" in Section 9001 of RCRA, 42
U.S.C. §6991.
i
5. 
Remove or Removal Action shall have the meaning set forth
in Section 101(23) of CERCLA, 42 U.S.C. §9601(23).
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6. 
Remova] yTWyy»p shall mean those actions which are
required of Respondents by this Order and are specified
in a detailed work plan to be submitted by Respondents
and reviewed and approved by EPA.
j
7. 
Designated Coordinator shall mean the persons designated
by Respondents who shall be responsible for the
implementation and coordination of this Order and all the
activities required pursuant to this Order.
8. 
On-Scene Coordinator ("OSC") shall mean the persons
designated by EPA to be responsible for on-scene
monitoring of all actions and activities required
pursuant to this Order. The OSC shall additionally be
responsible for coordinating and directing any EPA
actions which may be conducted at the Site.
9. 
National Contingency Plan ("NCP") shall mean the National
Contingency Plan promulgated by EPA pursuant to Section
105 of CERCLA, 42 U.S.C. §9605, and codified at 40 C.F.R.
Part 300, and all amendments or modification thereof.
10. Contractor (including sub-contractors and consultants)
shall mean the company or companies retained by
Respondents,to undertake and complete the work described
in this Order.
11. Day shall mean business day. If the day for submission
of any items required under this Order falls on a
Saturday, Sunday or Federal holiday, it shall be
submitted on the next business day.
12. E88O TuTu Service Station (also known as ESSO Car Care
Center) is located in St. Thomas, U.S.V.I. on the west
side of highway 38 and on south-eastern corner of the
Four Winds Shopping Lot.
13. Texaco TuTu Service Station is located in the vicinity of
intersection of highways 38 and 84 in St. Thomas,
U.S.V.I.
14. O1Henry Cleaners is located at #5 Anna Retreat, St.
Thomas, V.I., on the east side of highway 38.
15. Tillett Garden is located where highways 38 and 84
intersect and is at 1126 Anna's Retreat in St. Thomas.
16. Facility shall have the meaning set forth in Section 101
of CERCLA arid/or Section 9001 of RCRA.
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ij 
III. PARTIES BOUND
'
1. 
This Order shall apply to and be binding on: 1) ESSO
Standard Oil S.A., Limited, Texaco Caribbean Inc. and
L'Henri, Inc. d/b/a O1Henry Cleaners; 2) their employees,
agents, contractors, and consultants acting in their
behalf with respect to this Order; and 3) any successors
or assigns of the Respondents.
2. 
No change in ownership or corporate status shall in any
way alter the Respondents' responsibilities and
obligations under this Order.
3. 
Each Respondent is jointly and severally liable for
compliance with all provisions of this Order. The
failure of one or more of the Respondents to comply with
all or part of this Order shall not in any way excuse or
justify non-compliance by any other Respondent, including
but not limited to, failure to perform all obligations of
any defaulting Respondent.
4. 
In the event of the inability to pay or the insolvency of
any one of the Respondents, or if for any other reason
one or more of the Respondents do not participate in the
implementation of this Order, the remaining Respondents
shall complete the work provided for in this Order. The
failure of one or more of the Respondents to comply with
all or part of this Order shall not excuse or justify
noncompliance by any other Respondent.
IV« FINDINGS OF FACT
1. 
On or about July 7, 1987 Mr. Eric Tillett contacted the
U.S.V.I. DPNR regarding an odor emanating from the raw
well water on his property located at Anna's Retreat, St.
Thomas, U.S.V.I. 
Mr. Tillett's well provided the
eastern portion of St. Thomas with its main source of
drinking water.
2. 
On July 16,'1987 the EPA received a verbal request from
the U.S.V.I. DPNR to sample and analyze Mr. Tillett's
well. DPNR made a written confirmation of this request
to EPA dated August 10, 1987.
3. 
On July 21, 1987 representatives of EPA and its Technical
Assistance Team ("TAT") mobilized to perform sampling of
Mr. Tillett's well and six (6) additional commercial
wells which served residential customers and commercial
establishments throughout St. Thomas.
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4. 
The analytical results from the TAT July, 1987 sampling
indicated that Mr. Tillett's well was highly contaminated
with gasoline and chlorinated organics and that the
additional six (6) wells contained elevated levels of
chlorinated volatile organic compounds ("VOCs").
5. 
Based on these results, the DPNR declared that an
imminent health threat existed which could affect 20,000
people living in St. Thomas and an indefinite number of
tourists who vacation in St. Thomas.
6. 
In order to protect public health, DPNR closed thirteen
(13) commercial wells and five (5) private wells.
Specifically, DPNR closed: the TuTu Water Wells located
at #126 Estate Anna's Retreat on July 31, 1987; the Plaza
Associate Wells at #392 Estate Anna's Retreat on August
7, 1987; the Gene Eglin Wells at #2 Estate Anna's
Retreat on August 7, 1987; the A.A.S.A. Water Supply
(Hartman Wells) at #3 Estate Anna's Retreat on August 7,
1987; the Harvey Well at #5c Estate Anna's Retreat on
September 2, 1987; and the Steel Well at #5A Estate
Anna's Retreat on September 2, 1987.
7. 
Subsequent to the above, EPA expanded its sampling plan
due to the threat of more widespread contamination.
8. 
On August 10 and 11, 1987 EPA sampled a total of twenty-
four (24) wells identified in the Tutu Section of Anna's
Retreat within the Tutu Water/Turpentine Run Aquifer.
9. 
The analytical results revealed the presence of 1,2-
trans-dichloroethylene ("DCE"), trichloroethylene
("TCE"), tetra-chloroethylene ("PCE"), toluene ("TOL"),
benzene ("BEX") and terbutylmethy1ether ("TBME") in
concentrations ranging from 61 parts per billion ("ppb")
to 120,000 ppb in the twenty-four (24) wells. The
analytical results also revealed that the EPA 10-Day
Health Advisory Level of 175 ppb was exceeded in three
(3) of the twenty four (24) wells sampled, with two of
the three contaminated wells being private residential
wells. The'concentrations found ranged from 240 to 7,600
ppb with seVen (7) additional wells being below the EPA
10-Day Health Advisory, but above the U.S.V.I. interim
maximum permissible concentration levels set on September
1, 1987, by DPNR for volatile organics in drinking water
in the Turpentine Run Aquifer (50 ppb for a single
compound or 100 ppb for total volatile organic compounds
("VOCs")). Three (3) of the previously mentioned seven
(7) wells were residential wells.
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10. In addition to sampling twenty-four (24) wells, EPA
sampled and analyzed 123 cisterns serviced by water
haulers from this area. Three (3) cisterns were found to
be contaminated with VOCs in excess of 1000 ppb.
11. To confirm the previous data, in October 1987 EPA
conducted additional sampling for the Hazardous Substance
List ("HSL") in the same twenty-four (24) wells. The
major contaminants found were DCE, TCE, PCE and TBME. In
addition, metals such as arsenic (15 ppb), selenium (15
ppb) and zinc (460 ppb) were detected in some of the
wells.
12. On August 1-2, 1989, EPA and TAT conducted photovac
sampling of the TuTu Wells Site. Analysis of these
samples included the following results:
All values are in (PPB)
WELL 
BENZENE 
TCE 
PCE
Steele 
, 
280 
>1000
Smith 
73 
181
Mathias 
48 
720
Tillet 
>1000 
135
Dench 
15
VIHA #1 
80 
316
13. In January 1988 EPA initiated a limited CERCLA Removal
Action which included the decontamination and cleaning of
five (5) residential cisterns contaminated by hazardous
substances, the modification of plumbing, the delivery of
water by tank trucks as a temporary alternative water
supply and a well water monitoring program.
14. On August 17, 1987, TAT and DPNR collected samples from
the ESSO Tutu Service Station's ("ETSS Facility") oil and
water separator. Although the holding time was exceeded,
the analysis revealed 58 ppm of 1,1,1, trichloroethene
and 110 ppm of TCE.
15. On November 6, 1987 EPA sent ESSO Standard Oil Company
("ESSO") an Information Request letter under Sections
104(e) of CERCLA and 3007 of RCRA regarding the ETSS
Facility.
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16. On December 15, 1987, ESSO, in response to EPA's
Information Request, stated in a letter signed by Ana
Gloria Ramos, P.E., Safety/Environmental Coordinator for
ESSO, that the ETSS facility had two existing underground
storage tanks ("USTs") which store unleaded gasoline and
one UST which stores used crankcase oil (installed in
1970). There was no lining system installed at the
service station. The response stated that Roque Schmidt
performed a Petro-Tite test on the gasoline tanks but
that the test of the premium unleaded UST was stopped due
to "a possible leak in tank " structure. (Memorandum
dated Aug. 10-87 from Roque Schmidt to ESSO which was
included in ESSO's December 15, 1887 response). The
response further stated that ESSO questioned the
structural integrity of the tank, immediately emptied the
tank and removed it from service on July 27, 1987.
17. A subsequent inspection in September 1988 of the ETSS
facility by EPA's contractor revealed that the tank had
contained approximately 1000 gallons of petroleum product
for at least the time period between August 1987 and
February 1988.
18. On September 17, 1987 the DPNR issued an Administrative
Order requiring ESSO to investigate possible petroleum
product releases and refrain from disturbing the ETSS
facility without receiving prior approval from the EPA
and DPNR.
19. From April B to April 23, 1988, ESSO conducted a soil
vapor survey for benzene, toluene, ethylbenzene, and
xylene ("BTEX"), as well as TCE, PCE, and DCE at the ETSS
facility.
|
20. Total BTEX soil gas values were reported in excess of
1000 parts per million (wppm") in beneath the southern
portion of the ETSS facility property adjacent to the
petroleum USTs; this contamination extended from beneath
the southwest portion of the ETSS facility to beneath the
Four Winds Plaza Parking Lot.
21. DCE, PCE, TCE concentrations ranging from non-detectable
(ND) to 189 ppm were obtained from the soil vapor survey
in the west and southwest area of ETSS facility.
22. Chlorinated hydrocarbons (DCE, PCE, TCE) in
concentrations ranging from ND to 16 ppm were detected
from the soil vapor survey on the northwest corner of the
ETSS facility.
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23. The survey results showed an area of petroleum
hydrocarbon vapor concentrations (benzene) with levels
ranging from ND to 1,677 ppm in the south and central
portion of ETSS facility.
24. During September 12- 15, 1988, an EPA contractor
collected samples from ETSS oil and water separator.
ALthough the chain-of-custody was broken, the analysis
revealed 100 ppm of trichloroethane, 65 ppm of
tetrachloroethane.
25. In July 8, 1989, an EPA contractor collected oil samples
from ETSS UST located below the tire service area.
Although the holding time was exceeded, the analysis
revealed 30 ppm of tetrachloroethane and 25 ppm of 1,1,1
trichloroethane. In addition, oil samples were collected
from the ETSS holding tank. Although the holding time
was exceeded, this analysis revealed 63 ppm of TCE and 43
ppm of 1,1,1 trichloroethane.
26. In November 6, 1987, EPA sent Texaco Caribbean Inc.
("Texaco") an Information Request letter under Sections
104(e) of CERCLA and 3007 of RCRA regarding the Texaco
TuTu Service Station facility.
27. In a November 30, 1987, response to EPA's Information
Request Mr. William Hroch of Texaco stated that:
I
a. 
One of three 4,000 gallon USTs (all installed
in 1968) which stored motor gasoline was taken
out of service on July 1980 due to a suspected
leak.
b. 
One of three 4,000 gallon USTs which stored
motor gasoline was taken out of service in July
1987 because it had failed a mechanical
integrity test.
c. 
The three UST installed in the Texaco TuTu
Service Station facility in 1968 were not
equipped with a lining system.
d. 
Tank piping was replaced due to the results of
the Pipeline test revealing a pinhole existed
in one of the pipes.
28. Mr. William Hroch of Texaco also attached to the November
30, 1987 response to EPA's Information Request:
a. 
A January 10, 1977 letter written by E.J. Ossi
Jr., Manager of Texaco Puerto Rico, Inc. to Mr.
R.P. Perkin, representative of Texaco Caribbean
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Inc., stating that 2,242 gallons of premium
gasoline had been lost due to pipeline leaks.
b. 
A December 29, 1977 memorandum from Mr. Clement
Friday, Texaco Terminal Superintendent to Mr.
Meyeringh, Texaco Sales Manager, indicating
that 242 gallons of gasoline had been lost from
USTs due to pipeline leaks.
c. 
A September 5, 1980 memorandum from Mr. W.
Sherman, Assistant Manager of Texaco, Puerto
Rico indicating 1,212 gallons of lead-free
gasoline had been lost from USTs due to
pipeline leaks.
29. On July 23, 1987 and August 5, 1987 the DPNR issued
Texaco Administrative Orders requiring them to
investigate possible product releases and to refrain from
disturbing the Texaco TuTu Service Station facility area
without prior EPA and DPNR approval.
i
30. During November 1987, Geoscience Consultants, Ltd.
("GCL") (Texaco's Contractor) conducted a soil gas
investigation in the vicinity of the Texaco TuTu Service
Station facility.
31. GCL's analytical results showed a zone of significantly
elevated total hydrocarbon concentrations up to 690,000
ppb in soil gas beneath the southwestern part of the
Texaco TuTui,Service Station facility and beneath adjacent
roadways west and south of the facility. These values
indicated the presence of hydrocarbons within the
unsaturatedisoil zone.
32. In September 1988, Texaco excavated tanks at its TuTu
Service Station facility pursuant to the Administrative
Order issued by the DPNR in August 1987. EPA and DPNR
field personnel documented that one of the excavated
tanks (T2) had large holes in it. The tank (T2) formerly
held gasoline product.
i
33. Texaco stored used waste oil at its facilities.
34. On Novemberi25, 1987 EPA sent O1Henry Cleaners an
Information Request letter under Sections 104(e) of
CERCLA and 3007 of RCRA regarding its facility located at
I5 Anna's Retreat, St. Thomas, U.S.V.I.
35. On December 4, 1987 O1Henry Cleaners, in response to
EPA's Information Request, stated in a letter signed by
Leo T. Barbel, President, that PCE is "used, stored and
handled in the facility."
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36. On September 8, 1988, three (3) soil samples were taken
and composited at the O1Henry facility. The analysis
revealed 440 ppm of PCE.
37. Health effects of some of the contaminants found in the
TuTu Wells Site are listed below:
a. Chronic inhalation exposure to 1,2-trans-DCE
causes liver degeneration, and acute exposure to
high levels has adverse effects on the central
nervous system. Exposure to high vapor
concentrations has been found to cause nausea,
vomiting, weakness, tremor, and cramps in humans.
b. Benzene is a known carcinogen, causing leukemia
in exposed individuals. It also adversely affects
the hematopoietic system. Exposure to high
concentrations of benzene in the air causes central
nervous system depression and cardiovascular
effects, and dermal exposure may cause dermatitis.
c. The prime toxic effect of PCE in humans and
animals from acute and chronic exposure at high
doses includes central nervous system depression and
liver and kidney changes (tissue damage).
d. Acute toluene exposure depresses the central
nervous system and causes narcosis.
e. TCE has been shown to cause liver and kidney
effects, central nervous system effects and
depression in myocardial contractility at high
doses.
V. CONCLUSIONS OF LAW
I
1. 
Each Respondent is a "person" as that term is defined in
Section 101 of CERCLA, 42 U.S.C. §9601, and/or Section
9001 of RCRA 42 U.S.C. §6991.
ii
2. 
Respondent, ESSO, is the "owner" and/or "operator" of one
or more "underground storage tanks" located at its ETSS
facility as those terms are defined in Section 101 of
CERCLA and/or Section 9001 of RCRA.
3. 
ESSO owned and/or operated the ETTS facility during the
time hazardous substances and/or petroleum were released
into the environment and, thus ESSO is a responsible
party under Section 107 of CERCLA, 42 U.S.C. 9607, and/or
Section 9003 Of RCRA, 42 U.S.C. 6992b.
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4. 
Respondent, Texaco, is the "owner" and/or "operator" of
one or more "underground storage tanks" located at its
TuTu Service Station facility, as those terms are defined
in Section 9001 of RCRA.
5. 
Texaco owned and/or operated the Texaco TuTu Service
Station during the time petroleum was released into the
environment and, thus, Texaco is a responsible party
under Section 9003 of RCRA.
6. 
Respondent, O1Henry Cleaners, is the "owner" and/or
"operator" of the O1Henry Cleaners facility as those
terms are defined in Section 101 of CERCLA.
7. 
O1Henry Cleaners owned and/or operated the O1Henry
facility at which hazardous substances were disposed of
and, thus, O1Henry Cleaners is a responsible party under
Section 107 of CERCLA.
VI. DETERMINATION
1. 
Based on the FINDINGS OF FACT and the CONCLUSIONS OF LAW
set forth above, EPA has determined that the release
and/or threat of release of hazardous substances and/or
petroleum into the environment at and/or from the TuTu
Wells Site present an imminent and substantial
endangerment to the public health, welfare or the
environment within the meaning of Section 106(a) of
CERCLA, and/or Section 9003 of RCRA.
2. 
As a result of a release of hazardous substances and/or
petroleum at and/or from the Tutu Wells Site, EPA has
determined that the following corrective/removal actions
are required in order to protect human health and the
environment pursuant to Section 106 of CERCLA and/or
Section 9003 of RCRA.
VII. ORDER
Based upon the foregoing FINDINGS OF FACT and CONCLUSIONS OF
LAW, IT IS HEREBY ORDERED that Respondent shall take the
following actions to abate the release and/or threat of
release into the environment of hazardous substances and/or
petroleum at and/or from the ETSS, Texaco and O1Henry
facilities.
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003
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1. 
In accordance with the recommendation set forth in the
September 1989 Tutu Well Site Potable Water Alternatives
Report, Respondents shall provide a permanent water
supply to the affected homes (depicted in figure 4.1 on
page 10 of the Report). (A copy of the Tutu Well Site
Potable Water Alternatives Report ("PWAR") has been sent
to the Respondents under separate cover.)
Respondents may provide a permanent water supply to the
affected homes in one of the following two ways:
I;
A. 
Respondents may contact Mr. Anthony Boschulte,
Director of Planning and Development at the
Virgin Islands Housing Authority ("VIHA"),
(809) 775-2741, and arrange to contract with
the VIHA to insure connection of the affected
homes (depicted in figure 4.1 on page 10 of the
PWAR) to the existing water main. This
connection must be done in accordance with all
local laws and permitting requirements.
Respondents will have forty-five (45) days from
their receipt of this Order to have such a
cpntract in place. A copy of this contract
must be submitted to EPA on the forty-fifth
day.
B. 
If within forty-five (45) days, Respondents
have not contracted with the VIHA to insure
connection of the above-described homes to the
existing water main, Respondents must connect
these affected homes to the existing water main
with two lateral connection systems in
accordance with Section VIII. A. of this Order.
2. 
If during the duration of this Order, the drinking water
of any additional private home(s) (not depicted in figure
4.1 on page 10 of the PWAR) is found to exceed any of the
Maximum Contaminant Levels ("MCL"), Respondents shall
take steps to insure these homes are connected to the
existing water main or shall themselves connect these
homes to the existing water main pursuant to Section
VIII. A. of this Order. Until such a connection is
completed, Respondents shall supply water to these homes
as provided by Section VII.3, below.
3. 
Respondents shall provide potable water, as needed, to
all affected homes until these homes are connected to the
existing water main and these connections are operational
to the satisfaction of EPA, DPNR and the Water and Power
Authority (WAPA). (Presently, the cistern feeding the
affected homes depicted in figure 4.1 of the PWAR
receives, by truck, approximately 5,000 gallons of water
0774
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per month.) Should there be any dispute between
Respondents and the affected parties regarding the amount
of potable water needed, EPA shall act as the final
arbiter.
4. 
Respondents']shall monitor the twenty-four (24) wells at
the Tutu Wells Site as provided in Section VIII. B.
5. 
All activities required under this Order shall be
initiated and completed as soon as possible but no later
than the maximum time frames set forth in the Permanent
Water Supply Design Report prepared by Respondents
pursuant to this Order.
VIII. DESCRIPTION OF WORK
A. 
Permanent water Supply
Permanent Water Supply Design Report f"PWSD Report")
1. 
If Respondents do not satisfy the conditions set forth in
VILA, theniwithin sixty (60) days following the
effective date of this Order, Respondents shall submit to
EPA the following items:
a. 
PWSD plans and specifications, ("PWSD Plans and
Specifications"), which shall detail Respondents
technical proposal for implementation of the two
lateral connection systems to the affected homes.
The PWSD Plans and Specifications shall include
engineering drawings of the two lateral connection
systems main and flow diagrams of the water
distribution system and a survey report;
b. 
The PWSD Plans and Specifications must conform with
the Virgin Islands Housing Authority (VIHA) Master
Plan dated March 7, 1989. (A copy of this plan has
been sent to Respondents under separate cover.)
c. 
A draft operation and maintenance ("Draft O&M") plan
which shall include, without limitation, a
description of tasks routinely associated with
operating and maintaining the two lateral connection
systems at operating efficiency;
d. 
a construction plan;
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Permits and Authorizations
7. 
Prior to construction to the lateral connections,
Respondents shall apply for all necessary authorizations
and permits if that is appropriate. Following the final
inspection, Respondents shall also apply for and obtain
any remaining authorizations and permits necessary to
ensure the earliest possible operation of the lateral
connections,]
8. 
Respondents(shall provide EPA with a copy of each
such application upon preparation and submittal
thereof and each such authorization or permit upon
receipt.
B. 
ffflmn^.incf» Analysis and Monitoring
9. 
Within fifteen (15) days following the effective date of
this Order, Respondents shall submit to EPA for review
and approval a Well Sampling, Analysis and Monitoring
Plan ("SAMP").
10. The SAMP shall include, without limitation, the
following:
a. 
a map depicting sampling locations. Said map shall
include points for sampling of the residential wells
(listed at Table 2-1 on page 16 of the PWAR and
depicted on Figure 2-2 on page 5 of the PWAR);
b. 
a plan for conducting quarterly sampling and
analysis at the points described above using
Photovac portable GC screening. However, at every
other sampling event, Respondents shall conduct a
confirmation analysis using the Target Compound list
("TCL") under the Contract Laboratory Program
("CLP") as set forth in Section 10 of the
publication "Test Methods for Evaluating Solid
Wastes" as amended ("SW-846") and "Guidance for
Preparation of Combined Work/Quality Assurance
Project Plans for Environmental Monitoring" (USEPA,
Office of Water Regulations and Standards, May,
1984) ;
c. 
a schedule for performance of specific tasks;
!
d. 
a Site Management Plan which shall include
identification of contractors and subcontractors,
their respective responsibilities for performance of
sampling, analysis and monitoring activities and
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their curriculum vitae. (If performance of any
subsequent phase of Work required by this Order
requires alteration of the Site Management Plan, or
if Respondents retain different contractors or
subcontractors for performance of later phases of
the Work, Respondents shall submit to EPA for review
and approval, proposed amendments to the Site
Management Plan and shall submit further curricula
vitarum as other individuals become or are about to
become involved in performance of later activities);
e. 
a Quality Assurance/Quality Control ("QA/QC") Plan
and a description of Chain of Custody Procedures
which comply with Paragraphs 11-13 below.
f. 
a Health and Safety Plan, which shall satisfy the
requirements of 29 C.F.R. §1910.120, OSHA Hazardous
Waste Operation Standards, and EPA's Standard
Operating Safety Guides (OSWER, 1988). If
performance of any subsequent phase of the Work
required by this Order requires alteration of the
Health; and Safety Plan, Respondents shall submit to
EPA amendments to the Health and Safety Plan which
comply with the requirements referenced in this
paragraph.
i
11. The QA/QC Pjlan in the SAMP shall be in accordance with
Section 10 of the SW-846, as amended and "Guidance for
Preparation of Combined Work/Quality Assurance Project
Plans for Environmental Monitoring" (USEPA, Office of
Water Regulations and Standards, May, 1984);
12. If performance of any subsequent phase of the Work
required by this Order requires alteration of the QA/QC
Plan, Respondents shall submit to EPA for review and
approval proposed amendments to the QA/QC Plan.
ih
13. The Respondents shall use QA/QC procedures in accordance
with the QA/QC Plan submitted and approved by EPA
pursuant to this Order and shall use standard EPA Chain
of Custody procedures as set forth in the National
Enforcement Investigations Center Policies and Procedures
Manual. as amended, the National Enforcement
Investigations Center Manual for the Evidence Audit.
published in September, 1981 or as updated, and Section
1.3 of SW-846, for all sample collection and analysis
activities conducted pursuant to this Order. In
addition, Respondents shall:
TUT
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; l
a. 
ensure' that all contracts with laboratories used by
Respondents for analysis of samples taken pursuant
to this Order provide for access of EPA personnel
and EPA authorized representatives to assure the
accuracy of laboratory results related to the Tutu
Wells Site;
b. 
ensure that laboratories utilized by Respondents for
analysis of samples taken pursuant to this Order
perform all analyses according to accepted EPA
methods. Accepted EPA methods consist of those
methods which are documented in the "Contract Lab
Program Statement of Work for Inorganic Analysis,"
dated July 1985, and any amendments made thereto
during the course of this Order;
c. 
ensure that all laboratories used by Respondents for
analysis of samples taken pursuant to this Order
participate in an EPA or EPA approved equivalent
QA/QC program.
14. EPA will either approve the SAMP, or will require
modification of all or a portion of it, in accordance
with the procedures set forth in Paragraphs 1-3, Section
XI below. 
;
15. Within ten (10) days of Respondent's receipt of EPA
approval ofithe SAMP, Respondents shall initiate
sampling, analysis and monitoring activities, which shall
be conducted in accordance with the schedule and
procedures set forth in the EPA-approved SAMP. Results
of all samples taken pursuant to this Order shall be
provided to EPA within seven (7) days of receipt by
Respondents of such analyses and, if Section VIII.A is
applicable, these analyses shall additionally be
incorporated into the Permanent Water Supply Design
Report ("PWSD Report") submitted by Respondents.
IX. DESIGNATED COORDINATOR
Not later than five (5) business day after the effective
date of this Order, Respondents shall designate a
coordinator, to be known as the Designated Coordinator,
and shall notify EPA in writing of the name, address, job
title, qualification and telephone number of the
Designated Coordinator. All EPA communications with
Respondents regarding this Order shall be addressed to
the Designated Coordinator. The Designated Coordinator
shall be responsible for the implementation of the
requirements of this Order, and shall have the necessary
TUT 003 O778
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technical expertise to coordinate all aspects of the work
contemplated by this Order.
2. 
Respondents shall use its best efforts to avoid or
minimize any delay or prevention of performance of its
obligations under this Order. In the event of an
inability or anticipated inability on the part of
Respondents! to perform in a timely manner any of the
activities required under this Order, the Designated
Coordinator shall immediately inform EPA, verbally and in
writing, of the reason, the date, and the duration of
such inability to perform and the actions taken or to be
taken by Respondent to avoid or mitigate the impact of
such inability to perform, including a proposed schedule
for such actions. Such notification by the Designated
Coordinator shall not relieve Respondents of any of their
obligations under this Order.
3. 
As appropriate during the course of implementation of the
actions requested pursuant to this Order, Respondents or
their consultants or contractors, acting through the
Designated Coordinator, may confer with the EPA
concerning those actions. Based upon new circumstances
or new information not in the possession of EPA on the
date of this Order, the Designated Coordinator may
request in writing EPA approval of a modification of the
the EPA approved PWSD Report or of any another
requirement set forth in this Order. If the modification
is approved by EPA in writing, it shall be implemented
immediately by Respondents and incorporated into this
Order. Changes in deadlines must be approved in writing,
and may be approved by the Chief of the New
York/Caribbean Compliance Branch of the Emergency and
Remedial Response Division of EPA Region II.
X. REPORTING. ACCESS, SAMPLING
1. 
All submittals and notifications to EPA pursuant to this
Order shall be made in writing to:
(4 copies) 
iJ 
Caroline Kwan, Project Officer, Eastern
New York/Caribbean Compliance Section,
,i 
Emergency and Remedial Response Division,
U.S. Environmental Protection Agency,
Region II, 26 Federal Plaza, New York, New
York 10278;
(1 copy) 
ii. Jose Font, Project Officer, U.S.E.P.A.-
Caribbean Field Office, Office 2A,Podiatry
(2 copies)
(1 copy)
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Center Building, 1413 Fernandez Juncos
Avenue, Santurce, Puerto Rico 00907
iii. Luis E. Santos, U.S.E.P.A.- Caribbean
Field Office, Office 2A, Podiatry Center
Building, 1413 Fernandez Juncos Avenue,
Santurce, Puerto Rico 00907
iv. Amy Chester, Assistant Regional Counsel,
U.S.E.P.A., Office of Regional Counsel,
New York, NY 10278
(2 copies)
(2 copies)
v. 
Alan D. Smith, Commissioner
Department of Planning & Natural Resources
Nisky Center
Suite 231
45A Estate Nisky
St. Thomas, U.S.V.I. 00801
vi. Mr. Anthony Boschulte, Director
of Planning and Development
Virgin Islands Housing Authority
P.O. BOX 7668 .
St. Thomas, U.S.V.I. 00801
2. 
Respondents shall provide written monthly progress
reports to EPA by the tenth day of every month following
the effective date of this Order. These reports shall
describe all work performed during the past month as well
as work expected to be performed during the coming month.
3. 
To the extent permitted by law, access to the Tutu Wells
Site shall be provided to EPA, DPNR, the various
Respondents and each party's respective representatives,
agents, employees, contractors, and consultants; the
Respondents shall permit EPA and DPNR representatives to
be present at the Tutu Wells Site at any and all times
and to observe any and all activities conducted pursuant
to this Order.
4. 
All data, information, and records maintained or created
by Respondents and its agents, employees, contractors or
consultants in connection with the implementation of this
Order—including, but not limited to, contractual
documents and raw sampling and other monitoring data
shall be made available to EPA, DPNR and their designated
representatives. In addition, no such data, information
or records shall be destroyed for eight years, following
completion of the work required by Section VIII of this
Order without: 1) a written offer by Respondents to
0780
-20-
provide such material to the above referenced agencies;
and 2) receipt of express written approval from the Chief
of the New York/Caribbean Compliance Branch of the
Emergency and Remedial Response Division of EPA Region
II.
5. 
All records produced by Respondents and delivered to EPA
and/or DPNR in the course of implementing this Order
shall be available to the public unless identified as
confidential in accordance with Section 104(e)(7) of
CERCLA, 42 U.S.C. §9604; Section 9005(b) of RCRA, U.S.C.
§6991d(b), and Subpart B of 40 C.F.R. Part 2.
6. 
Respondents shall give EPA fifteen (15) working days
advance notice of all on-site and off-site sampling
activities.
7. 
Upon request by the EPA or DPNR, Respondent shall provide
split samples of any material sampled in connection with
the implementation of this Order.
i
8. 
To the extent permitted by law, Respondents shall take
steps to insure that all employees of all persons or
entities, including contractors, who engage in activities
pursuant to this Order, are reasonably available to and
shall cooperate with EPA and DPNR in providing
information and in implementing the requirements of this
Order at the Tutu Wells Site.
9. 
With respect to all chemical analyses and all disposal
operations conducted pursuant to this Order, Respondents
shall provide the OSC with the identity of and, if
applicable, licensing identification numbers of (e.g..
waste haulers or disposal facilities) all persons or
entities performing such work within five (5) working
days of selection of such persons, companies, or
facilities, for purposes of establishing that all such
activities are performed in accordance with EPA approved
methodology or that all hazardous wastes ultimately
disposed of are properly transported to, and disposed of
at, EPA approved hazardous waste disposal facilities and
notification must be given in advance to the state that
is receiving the hazardous wastes.
XI. PLANS AND REPORTS REQUIRING AGENCY APPROVAL
1. 
If EPA disapproves any plan, report or other item
required to be submitted to EPA for approval pursuant to
this Order, Respondents shall have ten (10) days from the
receipt of notice of disapproval to correct any
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deficiencies and resubmit the plan, report or item for
approval, unless a shorter or longer period is specified
by EPA in writing. Any notice of disapproval shall
include an explanation of why the plan, report and/or
items are being disapproved. Respondents shall address
each of the comments and resubmit the plan, report or
item with the required changes within the deadline
established in this Order or EPA's written notice.
If any plan, report or item is not approved by EPA after
resubmission, Respondents may be deemed to be out of
compliance with this Order. In the event that a
resubmitted plan or portion thereof is disapproved, EPA
retains the right to modify or develop the plan, report
or item. The Respondents shall implement any such plan
as modified or developed by EPA.
EPA shall be the final arbiter in any dispute regarding
the sufficiency or acceptability of all documents and of
any activities performed pursuant to this Order and EPA
may unilaterally modify the documents or require the
performance of additional work as EPA deems necessary to
complete the Removal Program under this Order . At such
time, EPA will transmit to Respondents a written
statement to that effect.
XII. OTHER APPLICABLE REQUIREMENTS
1. 
All activities required of Respondents under this Order
shall be performed only by qualified persons possessing
all necessary permits, and other authorizations required
by the Federal Government and the U.S.V.I.
2. 
All actions and activities carried out by Respondents
pursuant to this Order shall be performed in accordance
with all applicable, relevant and appropriate federal,
territorial; and local laws, regulations, requirements
and guidances applicable at the time of the action. In
the case of a conflict, the most stringent standards
shall apply.
3. 
All waste disposal conducted by Respondent pursuant to
this Order shall comply with the requirements of the RCRA
42 U.S.C. § ,6901 et seq.. the Toxic Substances Control
Act ('•TSCA"), 15 U.S.C. § 2601 fit seq. . and all
applicable regulations promulgated pursuant thereto, as
well as all other applicable federal, U.S.V.I., local
laws and regulations.
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XIII. LIABILITY, INDEMNIFICATION and RELEASES
1. 
Neither EPA nor the United States, by issuance of this
Order, assumes any liability for any injuries or damages
to persons or property resulting from acts or omissions
by Respondents or other parties listed in Section III.l
of this Order.
2. 
Nothing herein shall constitute or be construed as, a
satisfaction or release from liability with respect to
any conditions or claims arising as a result of past,
current, or future operations, ownership, or use of the
Tutu Wells Site by Respondents or other parties listed in
Section III.l of this Order.
3. 
Nothing in this Order constitutes a decision on
preauthorization of funds under Section 111(a)(2) of
CERCLA, 42 U.S.C. §9611(a)(2), or any authorization for
the Respondents, or other parties listed in Section III.l
of this Order, to assert any claim(s) against or to
request any reimbursement from the Hazardous Substance
Superfund, pursuant to Section 111 or 112 of CERCLA, 42
U.S.C. §§9611 and 9612, or under any other provision of
CERCLA or based upon common law, statutory or equitable
grounds.
4. 
EPA is not, and shall not be represented as, a party to
any contract entered into by, or on behalf of Respondents
in carrying out the work pursuant to this Order.
5. 
Nothing contained in this Order shall affect any right,
claim, interest, defense or cause of action of EPA with
respect to Respondents or third parties.
ZIV. ENFORCEMENT ACTIONS
1. 
Failure of Respondents to carry out expeditiously and
completely the terms of this Order may result in EPA
taking the Required actions unilaterally, pursuant to
Section 104(a)(l) of CERCLA, 42 U.S.C. §9604(a)(l) and/or
Section 9003 Of RCRA, 42 U.S.C. §6991(b).
2. 
This Order, and the EPA approved documents prepared in
compliance herewith, shall be enforceable pursuant to
Sections 106(b) and 113(b) of CERCLA, 42 U.S.C. §9606(b)
and §9613(b) and/or Sections 9003 and 9006 of RCRA, 42
U.S.C. §6991b and e. Respondents may also be subject to
cost recovery, civil penalties and/or punitive damages of
up to three times the amount of any costs incurred by EPA
070-:
-23-
as provided in Sections 106(b), 107(a), and 107(c)(3) of
CERCIA, 42 U.S.C. §9606(b), §9607(a) and/or §9607(c)(3),
and Section(9006 of RCRA, 42 U.S.C. §6991e, for failure
to comply with the terms of this Order. Nothing herein
shall preclude EPA from taking any additional enforcement
actions, and/or additional actions as it may deem
necessary for any purpose, including the prevention or
abatement of an imminent and substantial endangerment to
the public health, welfare, and/or the environment
arising from conditions at the Tutu Wells Site and/or
from recovering the costs thereof; nor shall anything
herein preclude DPNR from taking legal action pursuant to
U.S.V.I. law.
3. 
EPA reserves the right to take any action described in
this Order which may be appropriate to protect public
health, welfare and/or the environment, and Respondents
may be held liable under Section 107 of CERCLA 42 U.S.C.
§9607 and/or Section 9003 of RCRA, 42 U.S.C. §6991b, for
the costs of such action.
XV. EMERGENCY PROVISION
1. 
In the event the Respondent identifies a current or
immediate.threat to human health or the environment, the
Respondent shall immediately notify EPA orally and notify
EPA in writing within five (5) days summarizing the
immediacy and magnitude of the potential threats to human
health or the environment. The Respondent shall submit
to EPA, as soon as possible, a plan for approval which
mitigates this threat. EPA will approve or modify this
plan, and the Respondent shall implement this plan as
approved or modified by EPA. If EPA determines that
immediate action is required, then the Associate Director
of the Enforcement Programs of the Emergency and Remedial
Response Division, Region II, may orally authorize the
Respondent to act prior to making the required written
submission to EPA.
2. 
If EPA determines that activities in compliance or non-
compliance with this Order, have caused or may cause a
release of a hazardous waste, hazardous constituents,
pollutant, contaminant or petroleum or may pose a threat
to human health or the environment, EPA may order the
Respondent to stop further implementation of this Order
for such period of time as may be needed to abate any
such release or threat and/or 2) undertake any action
which EPA determines is necessary to abate such release
or threat. ;
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XVI. 
COMMUNITY RELATIONS
1. 
Respondents shall cooperate with EPA in providing
information relating to the work required hereunder to
the public. As requested by EPA, Respondents shall
participate in the preparation of all appropriate
information disseminated to the public and in public
meetings which may be held or sponsored by EPA to explain
activities at or concerning the Tutu Wells Site.
XVII. MO FINAL AGENCY ACTION
1. 
Notwithstanding any other provision of this Order, no
action or decision by EPA pursuant to this Order,
including without limitation, decisions of the Regional
Administrator, or any authorized representative of EPA,
shall constitute final agency action giving rise to any
rights of judicial action prior to the time the EPA files
a Court action for penalties of this Order, or an action
to compel Respondents' compliance with the terms and
conditions of this Order.
2. 
In any action brought by EPA for a violation of this
Order the Respondent shall bear the burden of proving
that EPA's actions were arbitrary and capricious and not
in accordance with the law, or this Order.
XVIII. TERMINATION
1. 
When Respondents conclude that the work required under
this Order has been fully performed, the Respondents
shall notify EPA by submitting a written report
certifying that all the work has been completed in full
satisfaction of the Order. If EPA determines that work
has been fully performed and concludes that the
provisions of the Order have been satisfied, EPA's
Regional Administrator will notify Respondents in
writing. Except as provided in Section X.4 and as
specifically provided in other parts of this Order, this
order terminates upon Respondents' receipt of EPA's
termination notice.
XIX. OPPORTUNITY TO CONFER. EFFECTIVE DATE
1. 
This Order shall become effective on the tenth (10th)
business day following the date on which it is issued.
-25-
XIX. OPPORTUNITY TO CONFER. EFFECTIVE DATE
1. 
This Order shall become effective on the tenth (10th)
business day following the date on which it is issued.
2. 
Not later than five (5) calendar days from the date this
Order is received by Respondents, Respondents may confer
with EPA to discuss this Order, including the Findings
upon which the Order is based, the appropriateness of any
action or activity required to be undertaken herein, or
other issues or contentions directly relevant to the
issuance of this Order. Such conference is not, and
shall not be deemed to be, an adversarial hearing or part
of a proceeding to challenge this Order, and no official
stenographic record of such proceeding shall be kept.
Any request for a conference shall be made to Amy
Chester, Esq., Office of Regional Counsel, United States
Environmental Protection Agency, Region II, 26 Federal
Plaza, New York, New York 10278, (212) 264-4760.
IX. NOTICE OF INTENT TO COMPLY
1. 
Within ten (10) days of the effective date of this
Order, each Respondent shall notify EPA in writing,
of its intent, or lack thereof -, to comply with this
Order. This notification shall be sent to Amy
Chester, Assistant Regional Counsel, Air, Waste &
Toxic Substances Branch, U.S. Environmental
Protection Agency, Region II, 26 Federal Plaza -
Room 400, New York, New York 10278
It is so ordered by:
U. S. ENVIRONMENTAL PROTECTION AGENCY
. 
— — — — —
WILLIAM 3/ KUpzyanci , P . E . 
Date of Issuance
Deputy (Regiona^XRdministrator
U.S. Environmental Protection Agency
Region II