. \r OCT-25-91 FRI 17:00 SANDERS & MCDERMOTT FAX NO. 6039260564 -P.-02 I ... ,v, .. SANDERS AND McDERMOTT '\ ATToi\Nr.rs AT LAw . 11LFF.ED L. SA.'mEI\S, JR. 2.14 LAl'AYrtn Ro....o•P . 0 . Box 5070 M. ELAINE BEAUCH£SNE EOWAllD ). Mct>Ell.\i01T HAMPTON, Ntw HAAIPlllllltl! 03842·5070 BYRY D. KENl'fiOY JOHN V. DALY jUDY A. SILVA A.'-"1 C. TH0Ml'.50N 603-926-!1926 DEBORAH B. JOHNSON" M E.OEL.'>,!I\N OIOIU. A. MATl!L MAIUC a. BEUVEI\U HEIDI A. BEAN FAX 603.926-0SU VIA FAX (617) 565-3335 October 25, 1991 Si1a Gonzalez, Esq. Assistant Regional counsel Office of Regional Counsel United States Environmental Protection Agency John F. Kennedy Federal Building Boston, MA RE: EPA October 11, 1991 Supplemental Additional Remedial Investigation Data Gathering Activities Scope of Work ':) Dear Attorney Gonzalez: This letter is being submitted on behalf of the Blackwater Road Landfill PRP Group. we are in receipt of a letter dated October 11, 1991, .from Diana J, King, Remedial Project Manager concerning the referenced scope of Work. The purpose of this letter is to provide notice, pursuant to Paragraph 43 of the Administrative Order By Consent (Consent Order) that the PRP Group obj ect .s to EPA's request that the PRPs perform the Additional Remedial Investigation Data Gathering Activities outlined in the Scope of work. In addition, this notice is not to be considered an admission by the PRP Group that it is obligated to perform this proposed additional work under the Consent Order. Nevertheless, the of the PRP Group that have reviewed the october ll, 1991, Scope of liork are willinq to engage in further remedial investigation data gathering activities assuming that the EPA and the Group can agree upon the purpose of the activities, a revised scope of Work and a reasonable compliance schedule. As you know, the Technical Committee for the Group has already expressed several ot our concerns to Ms. King, Mr. Klinger and Mr. Robinette, NHOES, in a conference call on October 23, 1991. Specific alterr.atives discussed and Ms. King indicated that she could support several of the ideas present ed
Transcript
r OCT-25-91 FRI 1700 SANDERS ampMCDERMOTT FAX NO 6039260564 -P-02
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SANDERS AND McDERMOTT ATToiNrrs AT LAw
11LFFED L SAmEIS JR 214 LAlAYrtn Roo bullP 0 Box 5070 M ELAINE BEAUCHpoundSNE EOWAllD ) MctgtElli01T HAMPTON Ntw HAAIPlllllltl 03842middot5070 BYRY D KENlfiOY JOHN V DALY jUDY A SILVA A-1 C TH0Ml50N 603-926-1926 DEBORAH B JOHNSON UWPJ~ M EOELgtIN OIOIU A MATlL MAIUC a BEUVEIU HEIDI A BEAN
FAX 603926-0SU
VIA FAX (617) 565-3335 October 25 1991
Si1a Gonzalez Esq Assistant Regional counsel Office of Regional Counsel United States Environmental Protection
Agency John F Kennedy Federal Building Boston MA 02203~2211
RE EPA October 11 1991 Supplemental Additional Remedial Investigation Data Gathering Activities Scope of Work
) Dear Attorney Gonzalez
This letter is being submitted on behalf of the Blackwater Road Landfill PRP Group we are in receipt of a letter dated October 11 1991 from Diana J King Remedial Project Managerconcerning the ~ova referenced scope of Work
The purpose of this letter is to provide notice pursuant to Paragraph 43 of the Administrative Order By Consent (Consent Order) that the PRP Group obj ects to EPAs request that the PRPs perform the Additional Remedial Investigation Data Gathering Activities outlined in the Scope of work In addition this notice is not to be considered an admission by the PRP Group that it is obligated to perform this proposed additional work under the Consent Order Nevertheless the me~bers of the PRP Group that have reviewed the october ll 1991 Scope of liork are willinq to engage in further remedial investigation data gathering activities assuming that the EPA and the Group can agree upon the purpose of the activities a revised scope of Work and a reasonable compliance schedule
As you know the Technical Committee for the Group has already expressed several ot our concerns to Ms King Mr Klinger and Mr Robinette NHOES in a conference call on October 23 1991 Specific alterratives we~e discussed and Ms King indicated that she could support several of the ideas presented
FAX NO P03OCT-25-91 FRI 1701 SANDERS ampMCDERMOTT 6G39260564
Sila Gonzalez Esq October 25 1991 Page 2
and that the agency would be flexible both in consideringrevisions to the Scope of Work and the time frame within which such revisions could be submitted It was agreed during the conference call with Diana King that the Group would submit as soon as practicable an alternative Scope of Work that was consistent with the discussion
Setforth below are some of the Groups concerns several of which were addressed during the conference call on October 23 1991 and all of which will be addressed in the Groupsalternative proposal
1 The letter and attached Scope of Work contain an insufficient explanation of the reasons supporting the need tor additional RI data gathering activities and the goal such activities are designed to achieve The Scope of Work indicates only that the additional wells are designed to evaluate overburden and bedrock contamination at certain locations within the landfill and within the wetland aquifer There is no specific statement as to what data gathered from these wells is intended to produce and how that information rnay be relevant to anticipated remedial action
2 The PRP Group questions the need for the specific type ot well construction outlined in the Scope of Work and will likely propose alternative construction
3 The PRP Group questions the need for the number ot wells proposed in the attached Scope of Work and will likely propose a different number of wells
4 The PRP Group questions the location of some of the wells and will likely propose alternative locations
5 The PRP Group objects to the de~dlines established in the Proposed Scope of Work as being unattainable SpecificallyEPA has allocated 105 days for the PRP Group to (l) develop and submit a draft Workplan (2) submit a final Workplanincorporating EPAs comments on the draft Workplan (3) complete all the field work identified in the Scope of Work including well installation and sampling (4) incorpo~ate the results of that field work into a draft RI Data Gathering Report (5) submit a final RI Data Gathering Report incorporating EPAs comments on the draft report (6) develop and submit a draft FS reportincorporating the information in the revised RI Data Gathering
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Sila Gonzalez Esq October 25 1991 Page 3
Report and (7) submit a final FS report incorporating EPAs comments on the draft report We will propose a revised compliance schedule that we believe can be met
In sum the Group will submit an alternative Scope of work as soon as possible Also the Group will undertake additional data gathering work once the Scope o Work is agreed upon and the entire PRP Group has authorized the work to go forward
Very truly yours
MEBlah
ec Blackwater Road Landfill PRP Group
barcode 581753
barcodetext SDMS Doc ID 581753
FAX NO P03OCT-25-91 FRI 1701 SANDERS ampMCDERMOTT 6G39260564
Sila Gonzalez Esq October 25 1991 Page 2
and that the agency would be flexible both in consideringrevisions to the Scope of Work and the time frame within which such revisions could be submitted It was agreed during the conference call with Diana King that the Group would submit as soon as practicable an alternative Scope of Work that was consistent with the discussion
Setforth below are some of the Groups concerns several of which were addressed during the conference call on October 23 1991 and all of which will be addressed in the Groupsalternative proposal
1 The letter and attached Scope of Work contain an insufficient explanation of the reasons supporting the need tor additional RI data gathering activities and the goal such activities are designed to achieve The Scope of Work indicates only that the additional wells are designed to evaluate overburden and bedrock contamination at certain locations within the landfill and within the wetland aquifer There is no specific statement as to what data gathered from these wells is intended to produce and how that information rnay be relevant to anticipated remedial action
2 The PRP Group questions the need for the specific type ot well construction outlined in the Scope of Work and will likely propose alternative construction
3 The PRP Group questions the need for the number ot wells proposed in the attached Scope of Work and will likely propose a different number of wells
4 The PRP Group questions the location of some of the wells and will likely propose alternative locations
5 The PRP Group objects to the de~dlines established in the Proposed Scope of Work as being unattainable SpecificallyEPA has allocated 105 days for the PRP Group to (l) develop and submit a draft Workplan (2) submit a final Workplanincorporating EPAs comments on the draft Workplan (3) complete all the field work identified in the Scope of Work including well installation and sampling (4) incorpo~ate the results of that field work into a draft RI Data Gathering Report (5) submit a final RI Data Gathering Report incorporating EPAs comments on the draft report (6) develop and submit a draft FS reportincorporating the information in the revised RI Data Gathering
r
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Sila Gonzalez Esq October 25 1991 Page 3
Report and (7) submit a final FS report incorporating EPAs comments on the draft report We will propose a revised compliance schedule that we believe can be met
In sum the Group will submit an alternative Scope of work as soon as possible Also the Group will undertake additional data gathering work once the Scope o Work is agreed upon and the entire PRP Group has authorized the work to go forward
Very truly yours
MEBlah
ec Blackwater Road Landfill PRP Group
barcode 581753
barcodetext SDMS Doc ID 581753
r
--middot FAX NO 6039260564 P04OCT~25-91 FRI 1102 SANDERS ampMCDERMOTT
Sila Gonzalez Esq October 25 1991 Page 3
Report and (7) submit a final FS report incorporating EPAs comments on the draft report We will propose a revised compliance schedule that we believe can be met
In sum the Group will submit an alternative Scope of work as soon as possible Also the Group will undertake additional data gathering work once the Scope o Work is agreed upon and the entire PRP Group has authorized the work to go forward
