United States Environmental Protection Agency

Region III

In the Matter Ofi

Eager Beaver Lumber CompanyTownville, Pennsylvania

Respondent

Proceeding under Section 106(a)of the Comprehensive EnvironmentalResponse, Compensationf andLiability Act of 1980 (42 O.S.C.S9606(a)), as amended by theSuperfund Amendments andReauthorization Act of 1986, Pub.L. No. 99-499,100 Stat. 1613 (1986).

ORDER

The following Order is issued'to Eager Beaver Lumber Company("EBLC") or ("Respondent") pursuant to the authority vested in

the President of the United States of America by Section 106(a)

of the Comprehensive Environmental Response, Compensation and

Liability Act of 1980 ("CERCLA"), 42 U.S.C. S9606(a), as amended

by the Superfund Amendments and Reauthorization Act of 1986,("SARA") Pub. L. No. 99-499, 100 Stat. 1613 (1986) and delegatedto the Regional Administrators of EPA. This Order pertains to aproperty more particularly described below, located in Townville,

Crawford County, Pennsylvania. The property will hereinafter bereferred to as the "EBLC site" or "the site". „.

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The actions taken pursuant to this Order shall be consistent >**w'with the National Oil and Hazardous Substance Contingency Plan

("NCP"), 40 c.f.R. $300.65. Notice of the issuance of this Orderhas been given to the Commonwealth of Pennsylvania. rj

This Order shall apply to and be binding upon the Respondentand its agents, successors, and assigns and upon all persons,contractors, and consultants acting under or for the Respondent.

Findings of Fact and Conclusions of Law

1. Respondent is a "person* within the meaning of Section 101(21)

Of CERCLA, 42 U.S.C. $9601(21).

2. The EBLC site is located on Old Meadville Road, R.D. 11, Rt.

408, Richmond Township, Crawford County, Pennsylvania. The area itis rural in nature, and the site is characterized by farmland and \S

woodland throughout.3. EBLC is a corporation registered to do business in Pennsylvania

and has terminated its business operations in June, 1986. ,

4. EBLC is presently owned by Harold E. Tanner, President and

Chief Executive officer, William E. Carpenter, Vice President, "'; i

Doris H. Tanner, Secretary, and Ray E. Van Cise Jr., Treasurer.* iS. A lumber dip tank was installed at the site in 1983. The dip |

tank is a metal tank with a makeshift lid containing lindane,pentachlorophenol and tetrachlorophenol, as determined by an EPLeachate Toxicity Test conducted by the Pennsylvania Department of '

*"' IEnvironmental Resources ("PADER"), on November 20, 1984 and by the

PADER sampling done in.August, 1986. j

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A 6. The tank mixture was used as an insecticidal and fungicidaltreatment of lumber prior to shipment from 1983 until 1985.

.7. On October 30, 1984,.pur»uant to the Pennsylvania Solid HasteManagement Act, PADER issued a violation notice to EBLC for an

unauthorized disposal and directed the company to cease this practice.

8. Beginning on November 4, 1984, PADER conducted soil and water

sampling in the immediate area where the discharges occurred.

Soil samples for lindane were as high as 760 mg/kg and water

samples showed lindane contamination as high as 0.29 mg/1.

9. PADER, on April 29, 198S, requested Respondent to conduct

tests to determine extent of contamination and to submit a closure•

plan for site operations.10. PADER again conducted soil and water sampling at the EBLC

*-- site starting on August 6, 1986. These results showed lindane in

soil samples as high as 16,000 mg/kg. Additionally, concentrations

of pentachlorophenol (as high as 1000 mg/kg) and tetrachlorophenol

(as high as 2200 mg/kg) were found in samples taken from the dip

tank and soil in the surrounding area.

11. Based upon an on-site evaluation by PADER on October 15, 1984,

PADER determined that EBLC had repeatedly discharged portions of

the contents of the dip tank directly onto the ground.

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12. In December, 1986, EPA did a risk assessment of the EBLC ,;jSite and determined that the potential for imminent and substantialendangerment to the public health and the' environment exists atthe Site. '113. Exposure to pentachlorophenol can cause chloracne, hepatic

porphyria, and a marked metabolic rate increase. . . j

14. Lindane poisoning has been shown to cause edema, lung .,

congestion, bronchopneumonia and an increase in acetylcholinestrase, *'serum aldolase and alkaline phosphatase. It may also cause '!

narcosis and may lead to death.•i

15. Tetrachlorophenol has been determined to cause ataxia, J

paralysis, narcosis, peripheral neuritis, and chloracne. ' f*,

16. Lindane, pentachlorophenol, and tetrachlorophenol are hazardous >

substances as defined in Section 101(14) of CBRCLA, 42 U.S.C. '<

89601(14). . •

17. The discharge of lindane, pentachlorophenol and tetrachlorophenol

at the site,, and the potential for migration of the contaminants

off-site all constitute releases and threatened releases of 11

hazardous substances into the environment.

18. The site is a "facility" as defined in Section 101(9) of

CERCLA, 42 U.S.C. 59601(9).

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19. The past, present, and/or potential migration of hazardoussubstances from the site constitutes an actual and/or threatened

."release" as defined in'section 101(22) of CERCLA, 42 U.S.C. S9601(2).

20. The Respondent is a responsible party pursuant to Section

107(a) of CERCLA, 42 U.S.C. S9607(a).

21. In-order to protect the public health, welfare, and the

environment, it is necessary that certain actions be taken to

abate the release and threatened release of hazardous substances

from the EBLC site.

DETERMINATION

22. Based upon the Findings of Fact and Conclusions of Law, the

EPA Regional Administrator for Region III has determined that

there may be an imminent and substantial endangerment to the

public health, welfare, or the environment as a result of the

release' or threat of release of hazardous substances from the site.

23. The Regional Administrator has determined that the actions

set forth below must be taken to protect public health and welfare

and the environment.

ORDER

24. Within 24 hours of the effective date of this Order, Respondent

shall retain a qualified contractor who is approved by EPA to

conduct the necessary activities as set forth in Paragraphs 25

through 44 below.

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25. Respondent shall obtain a Hazardous Haste GeneratorIdentification Number as necessary, to allow the legal removal

i .from the site of any hazardous substances in the dip tank and thecontaminated soils and disposal of these materials.

26. Hithin 48 hours of the effective date of this Order, Respondent

and Respondent's, contractor shall meet the EPA PO at the EBLCsite. At this meeting, Respondent shall be apprised by EPA of

the circumstances and conditions at the site and of the PO's" '

specifications for an appropriate and expeditious cleanup of thehazardous substances at the EBLC site, under the framework of

the activities set forth in paragraphs 27 through 44 &elow.27. Hithin seventy-two (72) hours of the on-site meeting described

in paragraphs 26 Respondent shall submit a Hork Plan, based on

the Scope of Hork attached as Exhibit I, to the EPA PO which

details the actions which Respondent shall take to abate the

hazardous 'Conditions at the site. The following are the minimum

specifications that are to be detailed in the plan:

a. Respondent shall fully describe all cleanup activities

to be undertaken at the EBLC site. These specifically shall

include activities to eliminate all contamination at and in the

vicinity of the dip tank, and any soil and/or groundwater

contamination at the site.

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b. Respondent shall identify and describe any onsite and

of fsite areas that are actually or potentially contaminated by. lindane, tetrachorophenol, and pentachlorophenol 'and propose asampling plan sufficient to quantify the 'amount, location andextent of this potential contamination.

c. Respondent shall propose measures to determine the extent

of and correct the groundwater and soil contamination as outlined

in the Scope of Hork.

d. Respondent shall submit a time schedule providing completion

dates for all site activities.

28. The plan described in paragraph 27 shall be submitted to the

Project Officer for approval. Once approval is given} pursuant

to the procedures outlined in paragraph 33 hereof, Respondent

/-N shall immediately commence implementation of the plan and complete

all work in accordance with the approved time schedule.

29. Any transportation of hazardous substances from the siteshall be accomplished by a licensed hazardous waste hauler, using

the manifest procedure mandated by 40 C.P.R. $263.10 et seq.,

and taken to an EPA approved licensed disposal or treatment

facility or treated in an EPA approved manner.

30. Respondent shall comply with all applicable Federal, State,

and local government statutes, regulations, and ordinances when

|i-J ....:..... carrying out activities pursuant to this Order.

31. All work must be performed in accordance with the Occupational

Safety and Health Administration's rules and regulations governing

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hazardous waste operations, 29 C.F.R. Part 1910. W • i32. Hithin 14 days of any transportation of hazardous substances jfrom the EBLC site, Respondent shall mall to the U.S. Environmental ~.Protection Agency, Region III, photocopies of the completedmanifests used in such transportation of the subject hazardous ' j

substances. The mailing shall be directed to:

Nick DiNardo, Project Officer :U.S. Environmental Protection AgencyHazardous Haste Management DivisionCERCLA Removal Enforcement Section3HH14, 6th Floor '841 Chestnut BuildingPhiladelphia, PA 19107 • i

33. Throughout this Order, reference is made to either EPA

approval or the Project Officer's ("PO") approval. Whenever suchapproval is necessary, it shall be given to Respondent by the /•>

Project Officer or his designee, in writing. If approval is not

granted, the PO shall specify the necessary corrections, additions <*

or amendments. Respondent shall then be given 48 hours within

which to correct or amend its submission to the PO. If after

such correction or amendment, the PO continues to deny approval,

Respondent shall incorporate the PO's specific suggestions into

the particular submission.34. Respondent shall make available to the Project Manager, upon

request and/or as necessary, any and all information resulting

from and/or pertaining to any actions taken by the Respondent at

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and around the EBLC site including, but not limited to, sampling

results, names of disposal facilities, identification of haulers,.names or contractors, copies of manifests, and information aa to

unforeseen conditions which might become'known as abatement

activities progress.

35. Respondents may, within 24 hours of the effective date of

this Order, orally contact EPA to request a conference to discuss

the terms of this Order. Respondents shall submit written

confirmation of any such request within 24 hours of such request.

A request for a conference shall not, however, stay this Order.

36. Respondent shall grant the Project Officer, his designee,

and any EPA employee, contractor, or other authorized representative

access to the EBLC Site to take samples, or to split samples

with the Respondent, and to monitor the actions taken pursuant to

this Order. This right of access shall be in addition to EPA'a

authority granted by Section 104 of CERCLA, 42 U.S.C. $9604, or

any other statutory authority.

37. The absence of the F.VA Project Officer or his designee from

the site shall not be cause for the stoppage of work.

38. No change in ownership or corporate or partnership status

relating to the site will in any way alter the status of the

Respondent or in any way alter the Resondent's responsibility under

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this Order. Respondent shall notify EPA of any change in ownershipor corporate or partnership status. Respondent shall notify any

title of interest in the EBLC site, in writing, of the existenceof this Order, and of Respondent's obligations hereunder.

39. The Respondent shall provide a copy of this Order to all

contractors, subcontractors, laboratories, and consultants retainedto conduct any portion of the work performed pursuant to this . iOrder within 2 days of the effective date of such retention.

40. Any reports, plans, specifications, schedules, and attachments

required by this Order and approved by EPA in accordance with the

procedure set in paragraph 33 are incorporated into this Order.0Any non-compliance with such EPA approved reports, plans,

specifications, schedules, and attachments shall be considered a

failure to achieve the requirements of this Order. Determinations

of non-compl'iance shall be made by the PO.

41. Hithin 60 days of the completion of all tasks set forth in

the approved Hork Plan, Respondent shall provide EPA's PO or his ! Jrepresentative with a written report describing in detail the

actions taken by Respondent in compliance with this Order.

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642. Respondent and EPA's PO or his designee shall arrange afinal inspection of the site following, completion of the measuresdescribed above to verify compliance with the requirements ofthis Order.43. To the extent that portions of the site are presently ownedby parties other than those bound by this Order, the Respondent

| has obtained or will use its best efforts to obtain site access1

agreements from the present owners within 5 calendar days, of the

effective date of this Order. Such agreements shall Includeprovisions for reasonable access by EPA and.its authorizedrepresentatives.44. During the course of the Respondent's actions taken pursuantto this Order the PO may halt site activity if there is an imminent

.1 ... and substantial endangerment to public health, welfare or thei| environment due to unsafe working conditions or improper work

practices, or any changed or unanticipated problems, conditions,

or events.45. Notwithstanding any other provisions set forth herein, EPAreserves the right to take appropriate action, including the rightto seek monetary penalties, for any violation of law or thisOrder, or to abate any release which threatens human health,welfare or the environment. These actions shall Include but notbe limited to, the Issuance of additional Orders under

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Section 106(a) of CERCLA, 42 U.S.C. S9606(a), the taking of "]

necessary response action under Section 104(a)(l) of CERCLA, 42

costs pursuant to Section 107 of CERCLA,. 42 U.S.C. S9607.

46. This Order shall become effective upon receipt by Respondent. 1• i

PENALTIES FOR NON-COMPLIANCE j

47. Respondents are advised that willful violaton by failure or i. irefusal to comply with this Order, or any provision thereof, may

* i isubject the Respondents, pursuant to Section 106(b), 42 U.S.C.

S 9606(b), to a civil penalty of not more than $25,000 for each

day in which such violation occurs or such failure to comply

continues. Failure to comply with this Order, or any portion Withereof, without sufficient cause, may subject Respondents,

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pursuant to Section 107(c)(3) of CERCLA, 42 U.S.C. S9607(c)(3),

to liability for punitive damages in an amount up to three times

the amount of any costs incurred by the government as a result

of failure by Respondents to take proper action. , I

Dated: MAttfl. frl,/yg/ UNITED STATES ENVIRONMENTALJ PROTECTION

BY:as M/SS«

REGIONAL ADMINISTRATOREPA REGION III

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~13~<6 He acknowledge that we have received and read this Order and

hereby inform EPA of our intention to fully comply with the• Order's terms and requirements. ' '

Eager Beaver Lumber Company

DATE: BY:

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ft"'EXHIBIT 1 SCOPE OF WORK ... [j

Eager Beaver Limber CompanyTownville, Crawford County, Pennsylvania ';

A. Work To Be Performed.. ,-,

Prepare within ten (10) working days a sampling plan for the Eager Beaver iUmber Ccmpany site (EB), in Townville, Pennsylvania. The plan is to be

submitted to the ETA1a Project Officer (PO) for final approval and shall Include i

the following items;

1. In the dip tank area, approximately 20 to 40 cores are to be drilled,*

with at least two (2) cores in each of the eight (8) geographical directions.Samples are to be taken to a depth of ten (10) feet on two (2) foot intervals. _cCoreholes are to be no closer than seven (7) feet apart.

2. Sample the contents of the dip tank to determine the concentrations of r:

chlorinated hydrocarbons present, including lindane, tetrachlorophenol and

pentachlorophenol, dioxin and the quantity of the substance remaining in the tank.

3. Respondent shall prepare for EPA's and PADER's approval, a preliminary

groundwater sampling plan including the location of any residential and site

wells situated within a one half mile radius of EB, which can be used for testing

This plan shall be designed to determine migration and concentration of

chlorinated hydrocarbons in the aquifer, direction and rate of groundwater flow.

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4. All samples, Including the possible future groundwater testa, are tobe analyzed for the concentrations o£ chlorinated hydrocarbons, especially thepresence of lindane, tetrachlorophenol and pentachlorophenol.

5. All soils found to be contaminated with hazardous substances above EPA'sand PADER's permissible limits shall be excavated packed and transported to anapproved licensed landfill facility or treated in an approved manner.

6. In the event the contents of the dip tank are above EPA's and PADER's

permissible limits for direct discharge, the waste will be removed from the tankand placed into a secure container tor transportation to an approved licenseddisposal facility.

7. In the event the contents of the dip tank are above EPA-'s and PADER'spermissible limits for direct discharge, the dip tank shall be cleaned in anapproved manner or disposed of at an approved licensed disposal facility, afterthe removal of its contents has been effected.

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