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EPA to Derby

EPA to Derby

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Published by ValleyIndyDotOrg
EPA Letter To Derby
EPA Letter To Derby

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Published by: ValleyIndyDotOrg on Mar 18, 2014
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11/28/2014

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g"oX\'n
LYJ
UNITED
STATES
ENVIRONMENTAL PROTECTION AGENCY
Region
L
5
Post
Office
Square, Suite
100
Boston,
MA
02109-3912
VIA
TiNITED
PARCEL
SERVICE
.NEXT DAY
PELIVERY
AUG
12
2010
City of Derby,
Connecticutc/o
of Mayor Tony Staffieri
1
Elizabeth
Street
Derby,
CT
06418
Re:
Demand
for
Reimbursement
of
Costs
Expended
althe
O'Sullivan's Island
Site
in Derby,
Connecticut
Dear
Mayor
Staffieri:
The
United
States
Environmental
Protection
Agency
("EPA')
previously
contacted
the
City
regarding
activities
connected
with
the O'Suilivan's Island
Site
located
in Derby, Connecticut.
A
copy
of
EPA
past correspondence
is
attached
for yourreference.
ln
our letter,
dated
August
21, 2008,
EPA
informed
the
Citythat
it
may
be
liable for
money
expended
by EPA for
response
actions
at
this
Site
under theComprehensive Environmental
Response,
Compensation,
and
Liability Act of
1980,
as
amended
("CERCLA,"
commonlyknown
as
the
federal Superfund
law). At
that
time,
EPA
also
offered the
City
the
opportunity to
take
voluntary
actions necessary
to
abate
any releases or threats
of
release
of
hazardous
substances
from
the Site
or
to reimburse
EPA for
response actions
taken.
Because
the
City
did not
undertake the necessary
actions,
EPA
expended funds
under the
authority of CERCLA
to
clean
up the
Site.
Explanation
of Potential
Liabilifv
Under
Section
1,07(a)
of CERCLA,
PRPs
may
be
held
liable for
all
costs
incurred
by the
EPA (including
interest)
in
responding
to
any release or threatened release
of
hazardous substances
at
the
Site, unless the PRP can show
divisibility
or
any of the otherstatutory defenses.
PRPs
include
curent
and
former
owners and operators
of
the Site,
as
well
as
persons
who
arranged
for treatment
andlor disposal
of
any hazardous
substances
found
ui
th"
Site,
and
persons
who
acceptedhazardous
substances
for
transport
andselected
the
site
to
which
thehazatdous
substances
were delivered.
Based on
the
information
collected, EPA believes
that
the
City
may
be
liable
under Section
107(a)
of CERCLA
with
respect
to the O'Sullivan's Island Site,
as
current
or
previous
owner
andlor
operator
of
the Site'
 
EM
To
date,
EPA
has
taken response
actions
at
the
Site under
the authority
of
Superfirnd
Program. Below is
a
brief
description
of
the
actions
taken
at
the
Site.
.
A
Preliminary
Assessment and Site
lrvestigation
(PA/SI)
in
order
to
gain
a
basic
understanding
of
any
risks
posed
to
human
health
and
the
.
environment
by.
releases or threatened
reieases
from
the
Site.
.
A
Removal
Action,
conducted
to
reduce any
immediate
thieat
to
theenvironment
or
human health.
Demand
for
Reimbursement of
Costs
In
accordance
with
Section
104
of
CERCLA, EPA
has
alreadytaken
certain
response actions,
which
are
listed
above,
and
incurred certain
costs
in
response
to
"orrditioo,
at
the
Site.
EPA is
seeking
to recover
from
the
City
its
response costs and
ail
the
interest authorized to
be recovered
under Section
I07(a) of
CERCLA.
To
date,
theapproximate total
response costs
identified
through
June
8,
2010
for
the
Site
are
$+,0+q,SO3
.22.r
rJnier
Section
107(a)
of
CERCLA,
EPA herebymakes
a
demand
for
payrnent
from
the
City
for
the
above amount
plus
all
interest authorized to
be
recoveredunder Section
107(a).
While
this letter
demands
that the
City
reimburse
EPA for all
funds
spent
at
the
Site,
EpA
is
aware
that the
financial
ability
of
some PRPs
to
contribute toward thepayment of
response costs at
a
site
may be substantially
limited. If
you believe,
and can-dotument, that
the
City
falls
within
this
category, please
contact
Senior
EnforcementCounsel Cynthia
A.
Lewis
at
U.S.
EPA
Region
I,
5
Post
Office
Square,
Suite
100,
Mail
Code
OES-04-3, Boston,
Massachusetts
02109, or
at
(617)
918-1889,
for information
on
"Ability
to Pay
Settlements.
"
ln
response,
you
will
receive
a
package
of information
about
such settlements and
a
form to
fillout
with
information
about
the City's
finances,and
you
willbe
asked
to
submit financial"records
in
support
of your
claim' If
EPA
"orr.lrrd.,
that
the
city
has
a
legitimate
inability
to
pay
the
full
amount,
EPA may
offer
a
schedule
for payment over
time or
a
reduction
in
the
total
amount demanded
from
the
City.
Some
or
all of
the
costs associated
with
this notice may be
covered
by
current
or
past insurance
policies
issued
to the
City.
Most
insurance
policies
will
require that
you
iimely notify
the carrier(s)
of
a
claim
against
the
City.
To
evaluate
whether
the
City
shouid
notifli
its insurance carrier(s)
of this
demand,
the
Citymay
wish
to
review
current
and
past
pollcies, begrnning
with
the
date
of
the
City's firstcontact
with
the O'Sullivan'sIsland Siie, up to
the
present.
Coverage depends on
many factors,
such
as
the language
of
the
particular
policy
and
state
law'
Please send
a
written
response
to
this
cost
recovery
demand,
within thirty
(30)
days, to:
1
A
copy
of
the
IFMS
Cost Summary
is attached.
The summary
does
not
include prejudgment interest.IntereJt-accumuiates
from
the
date
of this
demand
for
payrnent
of
costs.
AUO
Flx/E
I
3
2010
BV:

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