UMM C > , i A I Ci CNYIKUNMCN I AL fKU I CC I IUN « MAY 27 EXPRESS MAIL RETURN RECEIPT REQUESTED Mr. Bert Joseph Manager Classic Printer Ink P.O. Box 4799 St. Thomas, U.S.V.I. 00801 Re: Request for Information under 42 U.S.C. §9604, 42 U.S.C. §6927, 42 U.S.C. §6991(d) concerning release of hazarctous substances and Underground Storage Tanks in the TuTu Area of St. Thomas, U.S.V.I. Dear Mr. Joseph: The United States Environmental Protection Agency ("EPA") is charged with responding to the release or threatened release ot hazardous substances, and with entorcement responsibilities under the Comprehensive Environmental Response, Compensation and Liability Act 42 U.S.C. §9601 et s^cj. ,( "CERCLA" ) as amended by the Superfund Amendments and Reauthorization Act (hereinafter, "SARA"), P.L. 99-499, Oct, 7, 1986 100 stat. 1613 (hereinafter, "CERCLA"). EPA also regulates the handling of hazardous waste under the Resource Conservation and Recovery Act (hereafter "RCRA"), 42 U.S.C. §6901, et seq. Pursuant to §104(b) and §104(e) of CERCLA, and §3007(a) ot RCRA EPA may request certain information from parties who handle or may have handled hazardous substances and hazardous waste, as those terms are defined at §101(14) of CERCLA, and §1004 ot RCRA, respectively. §104(b) of CERCLA enables EPA to conduct such legal and other investigations as it may deem necessary or appropriate to plan and direct response actions, to recover the costs thereof, and to enforce the provisions of CERCLA. Furthermore, §9005 of RCRA allows EPA to request information from ?ny owner or operator of an underground storage tank. Pursuant to the statutory provisions cited, EPA requires that your company supply the information requested in this letter. Your Company's response to the "Request tor inlormation" should be postmarked or received at EPA within ten (10) calendar days of your receipt ot this letter, and should be mailed to: ERRD SCB:NYCCS:KWAN:5/18/88:np CONCURRENCES SCB ORC SCB ERRD/DD D-RA CON.N.QR. EPA Form 1320-f^jP-^ IE... .LUFTI.G... ...DAGGET.T. > ~ OFFICIAL FILE COPY 1671 *64475* 64475 -2- Ms. Caroline Kwan Site Compliance Branch U.S. Environmental Protection Agency 26 Federal Plaza, Room 747 New York, New York 10278 Copies to: Ms. Colleen Connor, Esq. U.S. Environmental Protection Agency Office of Regional Counsel 26 Federal Plaza, Room 430G New York, NY 10278 Ms. Francine Lang Department of Planning & Natural Resources 179 Altona & Welgunst St. Thomas, V.I. 00802 Mr. Jose Font U.S. Environmental Protection Agency Caribbean Field Office Office 2A, Podiatry Center Building 1413 Fernandez Juncos Avenue Santurce, Puerto Rico 009U7 Your Company's failure to respond to the "Request tor Information" within the time specified above may subject it to an enforcement action under §3008 and §9006 ct RCRA, and §104(e)(5) and (6) of CERCLA. An enforcement action may include the assessment of penalties of up to $25,000.00 for each day of noncompliance. The notarized signature of an officer or other responsible official of the Company must appear on the enclosed "Certification of Answers to Request tor Information", which shoulu be attachuu to the response to this information request. It at any time: in the future, your Company has aduitionai inror- mation and/or finds that any aspect of the submitted information is false, mislcadino, or misrepresents the truth, your Company must notity the rPA. Failure to amend the response may be con- strued as a concealment. If any part of your Company's response- is found to bo untrue, tht signatory and your Company may be- subioct to criminal prose.cut ion . -3- The "Request for Information" is not subject to the approval r ecjuirernents of the Paperwork Reduction Act of 1980, 44 U.S.C. §3501, et seq. If desired, pursuant to § 1 0 4 ( e ) ( 7 ) of CERCLA and §900S(b) of RCRA, the Company may assert a business confiden- tiality claim covering all or part of the information requested. The claim may be asserted at the time of submission, by placing on (or attaching to) the information, a cover sheet, stamped or typed legend, or other suitable form of notice employing langu- age such as "trade secret", or "proprietary", or "Company confidential". Information covered by such a claim will be disclosed by EPA only to the extent and by means of procedures set forth in Title 40, Part 2, Code of Federal Regulations, Subpart B. If no claim accompanies the information when it is received by EPA, it may be made available to the public by EPA without further notice to the Company. If you have any questions about this letter, you may call Caroline Kwan at ( 2 1 2 ) 264-0151, or/and Jose Font at ( 8 0 9 ) 725-7825 and Colleen Connor Esq. at (212) 264-5547. Your cooperation is appreciated. Sincerely yours, Stephen D. Luf tig , Director Emergency and Remedial Response Division Enclosure bcc: Collen Connor - ORC-WTS Jose Font - CFO Francine Lang - DPNR O03 1673 1 of 3 of attachi.tont to latter fro-a Christopher J. Daggatt INSTRUCTIONS FOPx aESPONUIUG TO l U I Q U E T FOR INFORMATIOf.1 ,» .f, , ^ » _ ~_ *.«..•-«-«,.*-*• - — -— . — .•-•_-•.• • — - • _ • — -^ — _ * • —*. ,„—--.-. _. — — • — - - . .. _ <•-•.« «. — - « - — _ • _ -• 1. ^ separata answer should ba given for each question t 2. Precede eacn answer with the nurjbor of tne question to wiiich It Is addressed. 3. In answering each question, identify all contributing aourcos of information. 4. Interpret "and" as woll as "or" to includa within tua scope of the question as auch information as possible. If two interpretations of a question aro possible*, use tue one that provides .aore information. 5. If /ou are unabla to give a detailed and coaploce answer or to provide any oC the information or docuaents requested, indicate the reason for /our inability to do so. 6. If you Have reason to believe that an individual other than ono a^ployed 07 your Company may be aola to provide additional details or docunantation in response to any question, state that person's nanaa, last known addrass, phone nu nbor and the reasons for your belief. 7. If a document is rsquestad but not available, state trio reason for its unavailability. To the ..ast of your aoilit/ identify the document by author, date, subject uattsr, numbar of pages, and all recipients of tho document with their addresses. 3. For aach docunent produced in response to trie "Request i:or Information", indicate on the docunent, or in some other reasonable .aannar, tne question to which it -applies. 9. If anything is on it tod fro-rj a docj-ient produced in rssyonae to tr>a ":1equ«i3t for Inf or aation" , state t.iJ roas^a iror and fie auojact aatt^r of the omission. 15. In identifying an individual, to LAU jxteat >O3si.jlvj, provide tio aa ae anj last icnow.i e ;i.3lo/ .tent an 1 ho'ae ad-dresa ariu nj.ibor. Paje 2 of 3 of attacr»,iant to latter £ro. it is a "hazardous waste" as defined in RCRA 42 U.j.C. 36904; c. it has a pH leas than 2.0 or greater than 12.5; d. it reacts violently wnen ;nixed witn water? e. it ignites or ax^loJes; f. it is an industrial intermediate waste product; g. it is an industrial treatment plant sludge or suparaatant ; h. it generates toxic gasos rfhen lixed with water; i. it is an industrial byproduct naving some rnarilac3J in contact /vit'i /our :j:iin. Page 3 of 3 of attachment to lottc-r from Christopher J. Daggett REQUEST FOR INFORMATION 1. Identity the location of each of the following on a plot plan of your facility, to scale it available. A. All in use or out of service septic tanks, sewer connections and associated piping. B. All outfalls or discharges. C. All underground storage tanks either in use or out of service. D. All floor drains sewers sinks and associated piping. E. All on site areas where hazardous regulated substances are used, stored and disposed of. F. All surface water including any intermittent streams or ponds. G. All above ground tanks 2. For each septic tank identified in question l.A above, provide the following information including all pertinent documenta- tion. The date the tank was installed, the design plans tor the system, the firm that installed the system, all mainten- ance 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 waste streams to the tank and the origin of these streams. 3. For each outfall or discharge identified in questions IB above state the nature of the discharge, any required permits for such discharges, the origin of the discharge and associated piping. 4. For each underground storage tank identified in question 1C above provide the rollowing information. a) The date the tank was installed. b) All design and installation records tor the tank and associated piping including, the expected life ot the tank, the corrosion protection for the tank and associated piping, seasonably high water luve;ls anu any lining system. c) State whether or not the tank it currently in service. It not in service, state the reason tor oiscontinuing use ot the tank and any turtr,cr ^lans tor the tank. Page 4 of 6 of attachment to letter from Christopher J. Daggett d) For any tank or piping that has been replaced, state the reason for replacing the tank or piping, the date of removal of the tank or piping, the work plan 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 arid where it was taken and any sampling results connected with the replace- ment of the tank or piping. e) Identify the type and quantity of the substances stored in the tank. Also provide all records relating to the volume of material shipped to the tank and removed from the tank. f) Provide a detailed accounting of all maintenance activi- ties on each tank or piping. This should include a detailed description of each repair on the tank or piping, the reason for the repair, and how the problem was discovered. g) Identify each leak or spill associated with the tank or piping. Provide the date of the leak, the quantity of material lost and how it was determined, the corrective actions undertaken and the names and addresses of all persons with knowledge of the incident. 5. For each floor drain, sewer or sink identified in question l(d) and associated piping for each state whether any hazardous or regulated substances were even disposal of in each. 6. For each location identified in question l(e) above state the manner in which each hazardous or regulated substance is 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, corrective actions taken and the names and addresses of any person with knowledge of the release. 003 1.677 Page 5 of C of attachment to letter from Christopher J. Daggett 10 a. State the correct legal name of your Company, which shall be referred to as "the Company". b. State the current legal name and status of the facility. c. State the nature ct business at the tacility. d. State the years of operation. e. State the name(s) and address(es) of the President and the Chairman of the Board, or other presiding officer of the Company . t. Identity the state of incorporation ana agent for service of process in the Virgin Islands and Puerto Rico of the owner and operator of the facility ana any underground storage tanks thereon. It more than one, answer for each. g. It the Company is a subsidiary or affiliate of another corporation or has subsidiaries, identify there related Companies. 8. In identifying a company that no longer exists, proviae all the information called for in Item 1, except tor the agent tor service process. If the company or plant did business under more than one name, each name should bo designated. 9. Does the facility have a permit or permits issued pursuant to the Resource Conservation and Recovery Act, 42 U.S.C. £6901, et seg. It the company and/or the Plant has an EPA Identification Number, state it in your answer to this question. Were or are any hazardous substances, regulated substances or hazardous wastes ever used, stored, generated, disposed or otherwise handed Dy the facility, including but not limited to; tetrachloroethylene (perchlorcthylene ) , trichlororethylcne , chloroform, toluene and benzene. Identity each hazaruous substance or hazardous waste by providing the name, composition and source of origin of each substance. Please provide sampling analysis where available. 11. Please respond to the following questions by giving a a description, it the answer is yes to any of thp- questions. Did the facility or any of its j.ast t.mployuos transport, arrange for transportation, dispose- ol , or arrange tor disposal of TUT 1678 of « of attachment to li-tt.-r irons Christopher ^. Dagoett a. any hazardous waste? h. spy hazardous »ubs tanct. <- c. any r sut etanc*-? 12. tor t-ach hazardous substance, roe;ulat«o outjstano or hazardous waste that was used, stored or disposed of at the f a c i l i t y answer the- iolloving Identity racl: hazardous substance,. regulated substance or hazardous waste by the name-, composition, anC sotirc< ot oriyin anO, state vncthtr the tacility generated, herdlt-ci, and/or transportfi* aucl. waates ct b. Indicate the arount 01 each hazarocus substance, rcgulAt&c> subst*tiCfc, ct hazardous wastt itlfrit i t. itO in rrsponbft to Oxi^»ticn 10 above. tcr liquids tht- answer should bt1 in tt^rias ot volume, incluoiny concentratione ot hazardoue substances pfr unit volujn( , tor solid icateti&ls, in ti naa cf weight. c. txpJain how, or whether, t-ach hazardous su&star.Ct. , rcgul atoo substance, or h*zardou« waste- i d e n t i f i e d In n felons ti to Questions 4 and 1C abovv, was container izcd , 5>9 • • dru0iB, bulk solids, tanks, bulk liquids (uncontai ncu) etc. c! . Prcvidii an annual stannary ot tht manner in whici. hazardous subetanco, regulated substance, or hazardous wabte lifitt.-c in rt .-« jxjnii u to Ouvstiont 4 and 10 trt«tod, hancU».?d, transported, stortd, ana/or b> the facility. Attach invoices, raanitt.sts *nc' otht r cocu»«nts or indicate any documentation. Ploatt.- submit a co{.-y ol each dccuruTt. wfach rc to tht gene-ration, h a n d i n g , f : a u i i n g p and/or c5li,tosal o* tt.f b*»2arc>ou« euhstanct , f-.r-uietvri sutstanca- or hr»zarcou& waste i-J^rti* i«'-c in rt-sf:on«if to C'-u«. at i on iL . t-.i-ov- . U you art uru»J !• to i/rovidt, a co;..\ ct ar,> Occur.. o nt, thon iut rn. :• . ' > Li • '-'ocuirt.nt i'y o<'fccr iL>i r.i ti.t1 nature cr t» e COCUFIH r t . OO3 1679 Page 7 of b of attchment to .letter from Christorpht r J. Daggett (Cj3_. , lotterr file memo, invoice, inventory form, billing record, hazardous waste manifest, etc.). Describe the relevant information contained therein. Identity by name the job title the person who prepared the Document and if the document is not readily available, state where it is stored,- maintainea and why it it> no longer available. f. Identity each person (e.g., company, individual, partnership, etc.) having knowledge of the facts relating to the generation, and transportation of the hazardous substance or disposal hazardous waste. For each such person identified, please provide the name, address, and telephone number. 13. State whether there exists any agreement or contract (other than an insurance policy) which may indemnify the company, present owners 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. Please reter to 6 for rurther instructions, 14. State whether an insurance policy has ever been in effect which may indemnity the company Plant against any liability which it may have tor any release or threatened release of a hazardous substance regulated substance or hazardous waste that may have occurred at the facility. It so, please provide a copy of the policy. Identity 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 information you have. 15. Please supply any additional information which may help EPA to identity any other facility or person which may have used, stored, disposed of, or otherwise handled any hazardous substances, regulated substances or hazardous wastes or that may have an underground storage tank. 16. Please provide Materials Safety Data Sheets (MSDS) for all cleaning products and solvents used at your facility from 1987 to present. These include, but are not to be limitto to ciegreasers, cleaners, anti-rust agents, bleaching agents,and flushing agents, p to. OO3 1.68O as .— 3 C ?^ •c O (/. f- r cr- c OF AKSWE_RS_ TO P£<