Exhibit C - NC.gov

Exhibit C

C1-1

No. COA __________ TWENTY-SIXTH DISTRICT

NORTH CAROLINA COURT OF APPEALS

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WASCO LLC, ) ) Petitioner-Appellant, ) From Wake County ) No. 15 CVS 1438 v. ) ) NORTH CAROLINA DEPARTMENT ) OF ENVIRONMENT AND ) NATURAL RESOURCES, DIVISION ) OF WASTE MANAGEMENT, ) ) Respondent-Appellee. )

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RULE 9(d)(2) DOCUMENTARY EXHIBITS

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INDEX

Petition for a Contested Case Hearing [filed 27 September 2013] .............................................

1

Respondent’s Motion for Summary Judgment [filed 25 September 2014] .............................................

12

Memorandum of Law in Support of Respondent’s Motion for Summary Judgment [filed 25 September 2014] .............................................

14

Index to Respondent’s Exhibits filed in support of Motion for Summary Judgment [filed 25 September 2014] .............................................

56

C1-2

- ii -

Respondent’s Exhibit A ..................................................... 65 Assertions by the Hazardous Waste Section (“the

Section”) concerning post-closure liability of WASCO LLC (“WASCO”)

Ex. A-1: Letter from the Section to WASCO

[12 December 2009] ...................................

66

Ex. A-2: Letter from the Section to WASCO [06 January 2010] .......................................

70

Ex. A-3: Letter from the Section to WASCO [10 February 2010] .....................................

74

Ex. A-4: Letter from the Section to WASCO [14 March 2011] .........................................

77

Ex. A-5: Letter from the Section to WASCO [10 August 2012] ........................................

80

Ex. A-6: Email from Dan Hirschman to Dan Biederman [18 April 2013] ........................

83

Ex. A-7: Letter from the Section to WASCO [16 August 2013] ........................................

86

Respondent’s Exhibit B ..................................................... 88 Communications between the Section and WASCO

concerning the Facility Ex. B-1: Meeting Attendance Record

[18 February 1999] .....................................

89

Ex. B-2: Letter· from WASCO to the Section [17 March 1999] .........................................

91

Ex. B-3: Letter from the Section to WASCO [18 March 1999] .........................................

93

Ex. B-4: Letter from WASCO to the Section [29 March 1999] .........................................

96

C1-3

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Ex. B-5: Letter from subsidiary of WASCO to the Section re WASCO [30 April 1999] ..........

99

Ex. B-6: Letter from Mid-Atlantic Associates, P.A. (“Mid-Atlantic”) to the Section, copying WASCO [10 May 1999] .............................

101

Ex. B-7: Letter from the Section to WASCO [13 July 1999] .............................................

105

Ex. B-8: Letter from counsel for Culligan International Company (“Culligan”) to the Section, enclosing draft AOC [10 April 2000] ...........................................

107

Ex. B-9: Meeting Attendance Record [10 May 2000] ............................................

121

Ex. B-10: Meeting Attendance Record [23 September 2003] ..................................

123

Ex. B-11: Letter from Mid-Atlantic to the Section, copying WASCO [06 October 2003] .........

125

Ex. B-12: Letter from Culligan to the Section, copying WASCO [26 October 2004] .........

128

Ex. B-13: Email chain between the Section and John Coyne (“Coyne”) [29 October 2004] .........

131

Ex. B-14: Email from Coyne to the Section [04 November 2004] ..................................

134

Ex. B-15: Email from Coyne to the Section [08 November 2004] ..................................

136

Ex. B-16: Email chain between the Section and Coyne [09 November 2004] .......................

138

Ex. B-17: Email chain between the Section and Coyne [12 December 2005 to 13 December 2005] ....................................

140


143

C1-4

- iv -

Ex. B-19: Letter from the Section to WASCO [05 April 2007] ...........................................

146

Ex. B-20: Email chain between the Section and Rodney Huerter (“Huerter”) [02 May 2007 to 28 June 2007] .................

152

Ex. B-21: Letter from the Section to WASCO [21 December 2007] ...................................

155

Ex. B-22: Letter from the Section to WASCO [11 August 2008] ........................................

158

Ex. B-23: Internal Section email re call with Huerter [18 August 2008] ........................................

160

Ex. B-24: Email chain between the Section, Huerter, and Kirk Pollard (“Pollard”) [19 September 2008] ..................................

162

Ex. B-25: Email from the Section to Huerter [23 September 2008] ..................................

164

Ex. B-26: Email from the Section to Huerter and Pollard [22 March 2010] ............................

166

Ex. B-27: Email chain between Pollard, the Section, and Huerter [01 June 2010] ........................

168

Ex. B-28: Email chain between the Section, Huerter, and Pollard [28 June 2010] .........................

170

Ex. B-29: Letter from the Section to WASCO [06 July 2010] .............................................

172

Ex. B-30: Email chain between Pollard, the Section, and Huerter [15 July 2010 to 16 July 2010] ...........................................................

174

Ex. B-31: Email chain between Pollard, the Section, and Huerter [31 January 2011 to 01 February 2011] ......................................

176


178

C1-5

- v -

Ex. B-33: Letter from the Section to WASCO [27 June 2011] ............................................

181

Ex. B-34: Letter from the Section to WASCO [06 February 2012] .....................................

183


186


189

Ex. B-37: Letter from the Section to WASCO [10 June 2013] ............................................

191

Respondent’s Exhibit C ..................................................... 193 Communications concerning Dyna-Diggr LLC

(“Dyna-Diggr”) Ex. C-1: Letter from Howard Grubbs to the Section

[05 March 2008] .........................................

194

Ex. C-2: Part A Permit Application [27 April 2010] .... 196

Ex. C-3: Part A Permit Application [18 January 2012] .......................................

201

Ex. C-4: Email chain between the Section and Dyna-Diggr attaching draft Administrative Order on Consent [20 March 2013 to 21 March 2013]. .........................................

206

Ex. C-5: Response to the Section’s First Request for Admissions [19 February 2014] .................

253

Respondent’s Exhibit D ..................................................... 259 WASCO’s Part A permit applications Ex. D-1: Part A Permit Application signed by

WASCO [30 December 2004] ...................

260

Ex. D-2: Part A Permit Application signed by WASCO [20 April 2006] ...........................

275

C1-6

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Ex. D-3: Part A Permit Application signed by WASCO [18 September 2008] ...................

280

Ex. D-4: Part A Permit Application signed by WASCO (modified at page 2) [18 September 2008] ..................................

292

Respondent’s Exhibit E ...................................................... 304 Deeds reflecting chain of ownership Ex. E-1: Deed to Winston Mills, Inc

[03 March 1976] .........................................

305

Ex. E-2: Certification by Winston Mills, Inc. d/b/a Asheville Dyeing and Finishing Company [10 October 1980] ......................

308

Ex. E-3: Deed from Winston Mills, Inc. to Anvil Knitwear, Inc. [28 January 1995] ...............

310

Ex. E-4: Deed from Anvil Knitwear, Inc. to Dyna-Diggr [19 December 2007] .........................

317

Respondent’s Exhibit F ...................................................... 322 Foundational background information Ex. F-1: Administrative Order on Consent

[29 August 1990] ........................................

323

Ex. F-2: Plat reflecting post-closure land use restrictions [08 December 1992] ................

331

Ex. F-3: Closure Certification Report [11 December 1992] ...................................

333

Ex. F-4: Letter from the Section accepting closure and triggering post-closure [10 March 1993] .........................................

345

Ex. F-5: Post-Closure Semi-Annual Groundwater Monitoring Report [15 March 1993] ..........

348

C1-7

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Ex. F-6: Notice to the Deed of Winston Mills, Inc. [18 May 1993] ............................................

354

Ex. F-7: Part A Permit Application [04 August 1999 and 24 June 1999] .......................................

357

Ex. F-8: Excerpts from RCRA Facility Assessment Report [11 January 2005] ...........................

372

Respondent’s Exhibit G ..................................................... 390 Corporate history Ex. G-1: Excerpts from Asset Purchase Agreement

involving Winston Mills, Inc., Anvil Knitwear, Inc., and Culligan, et al [29 December 1994] ...................................

391

Ex. G-2: Guaranty Agreement involving Culligan and Anvil Knitwear Inc., et al [28 January 1995] .......................................

411

Ex. G-3: SEC Filing - Excerpts from Annual Report of United States Filter Corporation (a predecessor in interest of WASCO) discussing acquisition of Culligan [29 June 1998] ............................................

421

Ex. G-4: SEC Filing - Press Release announcing sale of Culligan by Veolia Environnement (a parent of WASCO) [22 July 2004] ............

428

Ex. G-5: Excerpts from Offering Memorandum of Culligan Finance Corporation B.V., discussing indemnification by WASCO [21 September 2004] ..................................

432

Respondent’s Exhibit H ..................................................... 441 Financial Assurance

C1-8

- viii -

Ex. H-1: Letter from WASCO’s subsidiary to the Section with 25 June 1999 Memorandum from WASCO and 01 June 1999 - Certificate of Insurance for Closure or Post-Closure Care [28 June 1999] ...........................................................

442

Ex. H-2: Letter from the Section to WASCO’s subsidiary [04 August 1999] ......................

446

Ex. H-3: Letter from the Section to WASCO’s subsidiary [29 August 2000] ......................

448

Ex. H-4: Fax from WASCO to the Section with 01 June 2000 to 01 June 2001 Certificate of Insurance for Closure or Post-Closure Care [11 October 2000] ..............................

450

Ex. H-5: Fax from the Section to WASCO [11 October 2000] ......................................

453

Ex. H-6: Letter from the Section to WASCO [18 October 2000] ......................................

455

Ex. H-7: Letter from the Section to WASCO [26 April 2001] ...........................................

457

Ex. H-8: Fax from WASCO to the Section with 01 June 2001 to 01 June 2002 - Certificate of Insurance for Closure or Post-Closure Care [25 May 2001] ..............

459

Ex. H-9: Letter from the Section to WASCO [08 June 2001] ............................................

462


464

Ex. H-11: Certificate of Insurance for Closure or Post-Closure Care [01 June 2002 to 01 June 2003] .............................................

466


468

C1-9

- ix -

Ex. H-13: Trust Agreement [02 June 2003]. ................... 470

Ex. H-14: Irrevocable Standby Letter of Credit [02 June 2003] ............................................

485

Ex. H-15: Irrevocable Standby Letter of Credit - Amendment No. 1 [24 July 2003] ..............

487

Ex. H-16: Irrevocable Standby Letter of Credit- Amendment No. 2 [18 January 2005] ........

489

Ex. H-17: Letter from the Section to WASCO [17 May 2005] ............................................

491

Ex. H-18: Irrevocable Standby Letter of Credit - Amendment No. 3 (Correction) [03 June 2005] ............................................

493

Ex. H-19: Irrevocable Standby Letter of Credit - Amendment No. 3 [03 June 2005] .............

495


497

Ex. H-21: Irrevocable Standby Letter of Credit - Amendment No. 4 [16 August 2006] .........

499

Ex. H-22: Email from Coyne to the Section [06 September 2006] ..................................

501

Ex. H-23: Letter from the Section to Huerter [08 September 2006] ..................................

503

Ex. H-24: Email from Huerter to the Section [25 September 2006] ..................................

505

Ex. H-25: Letter from the Section to Huerter [28 February 2007] .....................................

507

Ex. H-26: Irrevocable Standby Letter of Credit - Amendment No. 5 & Schedule A [09 July 2007] .............................................

509

Ex. H-27: Letter to the Section from WASCO [10 July 2007] .............................................

512

C1-10

- x -

Ex. H-28: Letter to Huerter from the Section [15 August 2007] ........................................

514

Ex. H-29: Email to the Section from Huerter [28 August 2008] ........................................

516

Ex. H-30: Letter from WASCO to the Section [28 August 2008] ........................................

518

Ex. H-31: Irrevocable Standby Letter of Credit - Amendment No. 6 [25 August 2008] .........

520

Ex. H-32: Internal corporate email chain re WASCO financial assurance [28 July 2008 to 08 September 2008] ....................................

522


528


530


532

Ex. H-36: Internal corporate email chain re WASCO financial assurance [28 July 2008 to 18 June 2009] .............................................

534

Ex. H-37: Irrevocable Standby Letter of Credit - Amendment No. 7 & Schedule A [18 June 2009] ............................................

538

Ex. H-38: Email chain between the Section and Huerter [06 July 2009] ...............................

541

Ex. H-39: Letter from the Section to WASCO [27 July 2009] .............................................

543

Ex. H-40: Internal corporate email chain re WASCO financial assurance [09 July 2010 to 21 July 2010] ..............................................

545

Ex. H-41: Email chain between the Section and Huerter [08 July 2010 to 23 July 2010] ......

547

C1-11

- xi -

Ex. H-42: Irrevocable Standby Letter of Credit-Amendment No. 8 & Schedule A [23 July 2010] .............................................

549

Ex. H-43: Letter from the Section to WASCO [11 August 2010] ........................................

552

Ex. H-44: Email chain between the Section and Huerter [08 July 2010 to 01 June 2011] .....

554

Ex. H-45: Irrevocable Standby Letter of Credit - Amendment No. 9 & Schedule A [16 June 2011] ............................................

557

Ex. H-46: Email to the Section from Huerter [15 July 2011] .............................................

560


562

Ex. H-48: Email from the Section to Huerter [20 June 2012] ............................................

564

Ex. H-49: Internal corporate email chain re WASCO financial assurance [01 June 2011 to 03 August 2012] .........................................

566

Ex. H-50: Irrevocable Standby Letter of Credit - Amendment No. 10 & Schedule A [02 August 2012] ........................................

570

Ex. H-51: Email chain between the Section and Huerter [23 July 2012 to 03 August 2012] ...........................................................

573

Ex. H-52: Letter from the Section to WASCO [13 August 2012] ........................................

576

Ex. H-53: Email chain between the Section and Huerter [07 March 2013 to 05 June 2013] ...........................................................

578

C1-12

- xii -

Ex. H-54: Internal corporate email chain re WASCO financial assurance [13 May 2013 to 27 June 2013] .............................................

581

Ex. H-55: Irrevocable Standby Letter of Credit - Amendment No. 11 [27 June 2013] ...........

585

Ex. H-56: Email chain between the Section and Huerter [07 March 2013 to 13 July 2013] ...........................................................

587


590

Respondent’s Exhibit I ....................................................... 592 Environmental Consultant Reports Ex. I-1: October 2004 Quarterly Effectiveness

Monitoring Report [14 February 2005] ......

593

Ex. I-2: January 2005 Quarterly Effectiveness Monitoring Report [11 March 2005] ..........

603

Ex. I-3: January 2005 Semi-Annual Post-Closure Care Groundwater Monitoring Report [11 March 2005] .........................................

611

Ex. I-4: April 2005 Quarterly Effectiveness Monitoring Report [29 July 2005] .............

617

Ex. I-5: July 2005 Quarterly Effectiveness Monitoring Report [09 November 2005] ...

626

Ex. I-6: July 2005 Semi-Annual Post-Closure Care Groundwater Monitoring Report [09 November 2005] ..................................

634

Ex. I-7: October 2005 Quarterly Effectiveness Monitoring Report [24 March 2006] ..........

641

Ex. I-8: January 2006 Semi-Annual Post-Closure Care Groundwater Monitoring Report [15 April 2006] ...........................................

651

C1-13

- xiii -

Ex. I-9: January 2006 Quarterly Effectiveness Monitoring Report [16 May 2006] .............

657

Ex. I-10: July 2006 Semi-Annual Post-Closure Care Groundwater Monitoring Report [25 August 2006] ........................................

666

Ex. I-11: July 2006 Quarterly Effectiveness Monitoring Report [03 October 2006] .......

673

Ex. I-12: October 2006 Quarterly Effectiveness Monitoring Report [17 January 2007] ........

681

Ex. I-13: January 2007 Semi-Annual Post-Closure Care Groundwater Monitoring Report [23 January 2007] .......................................

691

Ex. I-14: Assessment Workplan [10 July 2007] ............ 698

Ex. I-15: Combined January and April 2007 Quarterly Effectiveness Monitoring Report [01 August 2007] ............................

707

Ex. I-16: July 2007 Semi-Annual Post-Closure Care Groundwater Monitoring Report [13 September 2007] ..................................

716

Ex. I-17: October 2007 Quarterly Effectiveness Monitoring Report [20 February 2008] ......

722

Ex. I-18: January 2008 Semi-Annual Post-Closure Care Groundwater Monitoring Report [14 February 2008] .....................................

732

Ex. I-19: Combined January and April 2008 Quarterly Effectiveness Monitoring Report [11 November 2008] .......................

738

Ex. I-20: July 2008 Semi-Annual Post-Closure Care Groundwater Monitoring Report [26 August 2008] ........................................

748

Ex. I-21: Assessment Report [31 October 2008] ........... 755

C1-14

- xiv -

Ex. I-22: October 2008 Quarterly Effectiveness Monitoring Report [23 March 2009] ..........

771


780

Ex. I-24: January 2010 Semi-Annual Post-Closure Care Groundwater Monitoring Report [16 February 2010] .....................................

787

Ex. I-25: Surface Water and Groundwater Sampling Workplan [14 June 2010] ...........................

794

Ex. I-26: July 2010 Semi-Annual Post-Closure Care Groundwater Monitoring Report [10 January 2011] .......................................

802

Ex. I-27: Surface Water Sampling Report [08 February 2011] .....................................

809

Ex. I-28: January 2011 Semi-Annual Post-Closure Care Groundwater Monitoring Report [13 June 2011] ............................................

817

Ex. I-29: July 2011 Semi-Annual Groundwater Monitoring Report [24 October 2011] .......

824


832

Ex. I-31: July 2012 Semi-Annual Post-Closure Care Groundwater Monitoring Report [21 March 2013] .........................................

840


848

Ex. I-33: Remediation Effectiveness Report [22 May 2013] ............................................

855

C1-15

- xv -

Respondent’s Exhibit J ...................................................... 864 Excerpts from WASCO’s response to the Section’s First

Request for Admissions Ex. J: Excerpts from WASCO’s Response to the

Section’s First Request for Admissions [18 February 2014] .....................................

864

Respondent’s Exhibit K ..................................................... 876 Contract between WASCO and Mineral Springs

Environmental, P.C. (“Mineral Springs”) Ex. K: Contract between Mineral Springs and

WASCO, signed by Coyne [12 October 2004 to 19 October 2004] ...........................

876

Respondent’s Exhibit L ...................................................... 883 Internal communications involving WASCO Ex. L-1: Letter from Mid-Atlantic Associates, P.A.

to WASCO [11 February 1999] .................

884

Ex. L-2: Email chain between Coyne, Pollard, and Robert LaBoube [29 October 2004] ...........

887

Ex. L-3: Fax from Mineral Springs to WASCO [23 November 2004] ..................................

890

Ex. L-4: Email from Coyne to Pollard [27 February 2006] .....................................

892

Ex. L-5: Email chain between Coyne and Pollard [27 February 2006] .....................................

894

Ex. L-6: Fax from John to Pollard with letter from the Section [28 February 2006] ..................

897

Ex. L-7: Fax from Mineral Springs to Coyne [05 April 2006] ...........................................

903

C1-16

- xvi -

Ex. L-8: Email chain between Pollard and Huerter [15 September 2006 to 20 September 2006] ...........................................................

905

Ex. L-9: Email from Pollard to Huerter [15 November 2006]. .................................

908

Ex. L-10: Letter from Mineral Springs to WASCO [17 January 2007] .......................................

910

Ex. L-11: Email from Huerter to Pollard [02 May 2007] ............................................

912

Ex. L-12: Email chain between Coyne and Huerter [13 March 2007 to 02 May 2007] ..............

915

Ex. L-13: Email from Pollard to Huerter with draft letter [03 May 2007] ...................................

920

Ex. L-14: Email chain between Huerter and Pollard [03 May 2007] ............................................

924

Ex. L-15: Email from Pollard to Huerter [03 May 2007] ............................................

926

Ex. L-16: Email from Pollard to Huerter [27 June 2007] ............................................

928

Ex. L-17: Email from Pollard to Huerter forwarding email chain with the Section [20 June 2007 to 27 June 2007] ................................

930

Ex. L-18: Email chain between Pollard and Huerter, forwarding email chain with the Section [02 May 2007 to 28 June 2007] .................

932

Ex. L-19: Email chain between Pollard and Huerter [23 July 2007 to 31 July 2007] ...................

935

Ex. L-20: Email chain between Pollard and Huerter [23 July 2007 to 31 July 2007] ...................

937

Ex. L-21: Email from Pollard to Huerter [05 September 2007] ..................................

939

C1-17

- xvii -

Ex. L-22: Email chain between Pollard and Huerter [04 October 2007] ......................................

941

Ex. L-23: Email chain between Pollard and Huerter [03 April 2008 to 14 April 2008] ...............

943

Ex. L-24: Email chain between Pollard and Huerter [16 April 2008 to 29 April 2008] ...............

946

Ex. L-25: Email from Pollard to Huerter, forwarding email from the Section [14 May 2008] ......

949

Ex. L-26: Email from Pollard to Huerter, forwarding email from the Section [14 May 2008 to 15 May 2008] .............................................

951

Ex. L-27: Email chain between Pollard and Huerter [21 May 2008 to 30 May 2008] .................

953

Ex. L-28: Email chain between Pollard and Huerter [03 June 2008] ............................................

956

Ex. L-29: Email chain between Pollard and Huerter [03 June 2008 to 10 June 2008] .................

958

Ex. L-30: Email from Pollard to Huerter [16 June 2008] ............................................

961

Ex. L-31: Email from Pollard to Huerter with draft report [16 June 2008] .................................

963

Ex. L-32: Email chain between Pollard and Huerter [16 June 2008 to 27 June 2008] .................

972

Ex. L-33: Email chain between Pollard and Huerter [16 June 2008 to 14 July 2008] ..................

976

Ex. L-34: Email chain between Huerter and Pollard [24 September 2008] ..................................

980

Ex. L-35: Email from Pollard to Huerter [06 October 2008] ......................................

982

Ex. L-36: Email from Pollard to Huerter [15 October 2008] ......................................

984

C1-18

- xviii -

Ex. L-37: Email from Pollard to Huerter attaching second draft of report [16 October 2008] ...

986

Ex. L-38: Email chain between Pollard and Huerter [16 October 2008 to 20 October 2008] ......

1004

Ex. L-39: Email from Huerter to Pollard attaching draft report [28 October 2008] ...................

1006

Ex. L-40: Email from Huerter to Pollard attaching draft report [27 October 2008 to 28 October 2008] ........................................

1022

Ex. L-41: Email chain between Pollard and Huerter [29 October 2008 to 10 December 2008] ...

1038

Ex. L-42: Email from Pollard to Huerter, forwarding email from the Section [13 February 2009] .....................................

1041

Ex. L-43: Email chain between Pollard and the Section referencing a discussion with Huerter [22 March 2010] ............................

1043

Ex. L-44: Email chain between Pollard and the Section, referencing Huerter [27 March 2013] .........................................

1045

Respondent’s Exhibit M ....................................................1047 Invoices from Minerals Springs Ex. M: Invoices from Minerals Springs

[02 November 2004 to 01 August 2013] ........

1047 Respondent’s Exhibit N .....................................................1169 Utility Bills to Coyne and Huerter Ex. N: Utility Bills to Coyne and Huerter

[16 December 2005 to 26 November 2007] ...

1169 Respondent’s Exhibit O .....................................................1188 Facility inspection reports

C1-19

- xix -

Ex. O-1: Inspection Report [31 August 2005] ..............1189

Ex. O-2: Inspection Report with Notice of Violation to WASCO [27 June 2006] ........................

1191

Ex. O-3: Return to Compliance Report [18 August 2006] ........................................

1195

Ex. O-4: Inspection Report [24 January 2007] .............1197

Ex. O-5: Inspection Report [12 May 2008]...................1199

Ex. O-6: Inspection Report [08 January 2009] .............1201

Ex. O-7: Inspection Report [10 June 2011]...................1203

Ex. O-8: Inspection Report [12 September 2012] .........1207

Ex. O-9: Inspection Report [13 June 2013 and 10 July 2013] ..............................................

1210

Respondent’s Exhibit P ......................................................1213 Delegations and policy Ex. P-1: Memorandum of Authority between the

Department and EPA [23 October 2001] ...

1214

Ex. P-2: Delegation of Authority from the Secretary of the Department to the Director of the Division of Waste Management (“the Division”) [07 January 2013] .....................

1233

Ex. P-3: Delegation of Authority from the Director of the Division to the Chief of the Section [02 June 2014] ...............................

1236

Respondent’s Exhibit Q .....................................................1238 Affidavits Ex. Q-1: Affidavit of Jenny Lopp, Financial Analyst

[22 September 2014] ..................................

1239

Ex. Q-2: Affidavit of Mary Siedlecki, Project Manager [24 September 2014] ...................

1242

C1-20

- xx -

Ex. Q-3: Affidavit of Harold “Bud” McCarty, Head of the Facility Management Branch [24 September 2014] ..................................

1247

Ex. Q-4: Affidavit of Julie Woosley, Chief of the Section [24 September 2014] .....................

1251

Petitioner’s Motion for Extension of Time to Respond

to Respondent’s Motion for Summary Judgment [filed 3 October 2014] ...................................................

1255

Petitioner’s Motion for Continuance Regarding Respondent’s Summary Judgment Motion, and To Shorten Time for Response [filed 23 October 2014] ..................................................

1259

Petitioner’s Brief In Support of Motion for Continuance Regarding Respondent’s Summary Judgment Motion [filed 23 October 2014] ..................................................

1267

Exhibits to Petitioner’s Brief In Support of Motion for Continuance Regarding Respondent’s Summary Judgment Motion [filed 23 October 2014]:

Ex. 1: Rule 30(B)(6) Deposition Notice of WASCO LLC [16 April 2014] ..................................................

1279

Ex. 2: Response to WASCO’s Rule 30(b)(6) Deposition Notice to Respondent-Division [4 September 2014]....................................................

1289

Ex. 3: Email from E. Fisher to D. Biederman etc. regarding discovery issues [16 September 2014] .....

1292

Ex. 4: Affidavit of WASCO’s Counsel Dan Biederman [21 October 2014] ...................................

1293

Ex. 5: Respondent’s Exhibit Index – Slip Sheet ...........1301

Ex. 6: Affidavit of Mary Siedlecki [24 September 2014] - Slip Sheet .....................................................

1301

C1-21

- xxi -

Response in Opposition to Second Motion to Extend Deadline and Motion to Stay Discovery Deadline [filed 23 October 2014] ................

1302

Amendment and Supplement to Affidavit of WASCO’s Counsel Dan Biederman, with Attachments [filed 24 October 2014] ............................

1317

Exhibit 4: First Amended Affidavit of WASCO’s Counsel Dan Biederman [22 October 2014] .............

1320

Attachment 1: WASCO Counsel’s 6 June 2012 Letter ..................................

1329

Attachment 2: WASCO Counsel’s 27 September 2012 Letter ...........................................

1341

Attachment 3: Division’s Responses to WASCO’s First Set of Requests for Admission [5 February 2014] ........................

1345

Attachment 4: Division’s Responses to WASCO’s Second Set of Requests for Admission [9 September 2014] .....................

1377

Attachment 5: Intervenor’s [Dyna-Diggr, LLC] Responses to WASCO’s Second Set of Requests for Admission 15 October 2014] .........................

1392

Attachment 6: Division’s Responses to WASCO’s First Set of Interrogatories [9 September 2014] .....................

1416

Attachment 7: Division Employee email from Mary Siedlecki [15 November 2006] ...................

1434

C1-22

- xxii -

Attachment 8: Mary Siedlecki’s Notes and Emails [16 August 2010 to 17 August 2010] ......................

1436

Attachment 9: Division Counsel’s [Elizabeth Fisher] Email regarding discovery responses [20 February 2014] ............................................

1464

Attachment 10: Intervenor’s [Dyna-Diggr’s] Responses to WASCO’s First Set of Requests for Admissions [dated 7 March 2014] .............................

1476

Attachment 11: Division’s Supplemental Response to WASCO’s First Set of Requests for Admission [dated 21 February 2014] .......................

1504

Petitioner’s Response to Respondent’s Motion for Stay of Discovery, with exhibits [filed 24 October 2014] ..................................................

1514

Petitioner’s Response to Respondent’s Motion for Summary Judgment, with exhibits [filed 12 November 2014] .............................................

1526

Affidavits filed 12 November 2014 in support of Petitioner’s Response to Respondent’s Motion for Summary Judgment:

Affidavit of John C. Coyne ............................................1558

Affidavit of Frank John Griffith, with attachment Secretary of State certification of the certificate of ownership of Culligan Corporation merger with Culligan International Company ...............................

1569

Affidavit of Kathleen Lynch ..........................................1573

C1-23

- xxiii -

Affidavit of Kelley A. Mudgett .....................................1575

Affidavit of Dan E. Ryan ...............................................1577

Affidavit of Rodney G. Huerter, with attachments: ......1582

Attachment 1: Administrative Order on Consent [2 August 2011] ............

1596

Attachment 2: Affidavit of Susan E. Bennett [6 June 2012] .................

1605

Attachment 3: Various communications over the period 21 April 1995 through 7 November 2013 ........................

1608

Attachment 4: Various emails and status reports [3 January 2011 to 17 February 2012] ...................

1619

Attachment 5: correspondence, EPA Hazardous Waste Permit Application, Part A [27 January 1995], Annual Report for Winston Mills, McGregor Corp and Anvil Knitwear ............................

1635

Attachment 6: RCRA Inspection Reports and correspondence .....................

1651

Attachment 7: Emails and correspondence regarding financial assurance/guarantees ...................

1673

Attachment 8: 2012-2013 handwritten notes and emails, draft Notice of Violation ......................

1702

C1-24

- xxiv -

Attachment 9: 1994 correspondence, excerpt of Annual Report to N.C. General Assembly-Inactive Hazardous Sites Program, [May 1989], 2007 emails, notes and maps ............................................

1731

Attachment 10: Fax to Senator Nesbitt [7 September 2007] enclosing email from Bruce Parris to Elizabeth Self; emails pertaining to Asheville Dyeing & Finishing and handwritten notes ........................

1745

Attachment 11: excerpts of Administrative Orders in lieu of Post-Close Permits (“Alternate Mechanisms”) .............................

1756

Attachment 12: correspondence pertaining to Alternate Mechanisms .............

1771

Attachment 13: 2013 correspondence and notes, and October 2013 NCDENR report to the N.C. General Assembly-Inactive Hazardous Sites Program .......................................

1777

Affidavit of Kirk B. Pollard, with attachments: ............1791

Attachment 1: Kirk Pollard Affidavit [1 November 2013] .....................

1796

Attachment 2: Kirk Pollard Affidavit [1 May 2012] ...............................

1801

C1-25

- xxv -

Attachment 3: AD&F Post-Closure Plan and Post-Closure Groundwater Sampling Plans ............................................

1805

Attachment 4: Email chain, K. Pollard and C. Utterback [29-30 March 2007] ....................

1941

Attachment 5: Solid & Hazardous Waste Management Branch Northrop Dump, Site Investigation Report [3 April 1986] ..............................

1943

C1-26

- Doc. Ex. 1 -

C1-27

- Doc. Ex. 2 -

C1-28

- Doc. Ex. 3 -

C1-29

- Doc. Ex. 4 -

C1-30

- Doc. Ex. 5 -

C1-31

- Doc. Ex. 6 -

C1-32

- Doc. Ex. 7 -

C1-33

- Doc. Ex. 8 -

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- Doc. Ex. 9 -

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- Doc. Ex. 10 -

C1-36

- Doc. Ex. 11 -

C1-37

- Doc. Ex. 12 -

C1-38

- Doc. Ex. 13 -

C1-39

- Doc. Ex. 14 -

C1-40

- Doc. Ex. 15 -

C1-41

- Doc. Ex. 16 -

C1-42

- Doc. Ex. 17 -

C1-43

- Doc. Ex. 18 -

C1-44

- Doc. Ex. 19 -

C1-45

- Doc. Ex. 20 -

C1-46

- Doc. Ex. 21 -

C1-47

- Doc. Ex. 22 -

C1-48

- Doc. Ex. 23 -

C1-49

- Doc. Ex. 24 -

C1-50

- Doc. Ex. 25 -

C1-51

- Doc. Ex. 26 -

C1-52

- Doc. Ex. 27 -

C1-53

- Doc. Ex. 28 -

C1-54

- Doc. Ex. 29 -

C1-55

- Doc. Ex. 30 -

C1-56

- Doc. Ex. 31 -

C1-57

- Doc. Ex. 32 -

C1-58

- Doc. Ex. 33 -

C1-59

- Doc. Ex. 34 -

C1-60

- Doc. Ex. 35 -

C1-61

- Doc. Ex. 36 -

C1-62

- Doc. Ex. 37 -

C1-63

- Doc. Ex. 38 -

C1-64

- Doc. Ex. 39 -

C1-65

- Doc. Ex. 40 -

C1-66

- Doc. Ex. 41 -

C1-67

- Doc. Ex. 42 -

C1-68

- Doc. Ex. 43 -

C1-69

- Doc. Ex. 44 -

C1-70

- Doc. Ex. 45 -

C1-71

- Doc. Ex. 46 -

C1-72

- Doc. Ex. 47 -

C1-73

- Doc. Ex. 48 -

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- Doc. Ex. 49 -

C1-75

- Doc. Ex. 50 -

C1-76

- Doc. Ex. 51 -

C1-77

- Doc. Ex. 52 -

C1-78

- Doc. Ex. 53 -

C1-79

- Doc. Ex. 54 -

C1-80

- Doc. Ex. 55 -

C1-81

- Doc. Ex. 56 -

C1-82

- Doc. Ex. 57 -

C1-83

- Doc. Ex. 58 -

C1-84

- Doc. Ex. 59 -

C1-85

- Doc. Ex. 60 -

C1-86

- Doc. Ex. 61 -

C1-87

- Doc. Ex. 62 -

C1-88

- Doc. Ex. 63 -

C1-89

- Doc. Ex. 64 -

C1-90

Respondent’s Exhibit A Assertions by the Hazardous Waste Section concerning WASCO’s post-closure liability

- Doc. Ex. 65 -

C1-91

Exhibit A-1 Letter from the Hazardous Waste Section to

WASCO dated 2009-12-22

2

•

•

- Doc. Ex. 66 -

C1-92

- Doc. Ex. 67 -

C1-93

The information required for a Part B application (40 CFR 270.28 as adopted in ISA NCAC l 3A .0113) must be submitted within six (6) months ofreceipt of this letter. Failure to sub~it the Part B application by the due date may result in substantial penalty. The original and six (6) copies !of the.application must be submitted to the North Carolina Hazardous Waste Section at the following ma~ling address:

[·

Elizabeth Cannon, Section Chief NC Division of Waste Management Hazardous Waste Section · 1646 Mail Service Center Raleigh, North Carolina 27699-1646

Division of Waste Management 401 Oberlin Road, Suite l SO Raleigh, North Carolina 2760S Attention: Elizabeth Cannon, Section Chief

In accordance with 40 CFR 2 as adopted in 15A NCAC l 3A .0104, you may clairh confidentiality for certain information in yqur Part B application if such a claim can be substantiateq. In order to claim that information is confidential you must: .

·,

. 1. Determine whether or not the claim of confidentiality can be substan~iated, then substantiate it · (concerning each type of information claimed) by addressing the appiicab~e element of 40 CFR 2.208 as adopted in ISA NCAC 13A .0104; 1

2. Precisely describe which information is claimed as confidential or stanlp each page that contains such information with the words "CONFIDENTIAL" or "CON#IDENTIAL BUSINESS INFORMATION"· i

' !

3. Package all pages containing confidential information separately from y~ur total Part B application · package. This means that your Part B submitted would consist of two (l) packages: (a) the Part B application without confidential information, and (b) the portion of your ~art B application that has been claimed as confidential; and, ,

4. State clearly in your transmittal letter that confidential information is in¢1uded. . . i

If no claim of confidentiality is made at the time of submission, the State an~ US EPA may make the information available to the public without further notice. If a· claim is asserted and substantiated, the information will be treated according to the procedures in 40 CFR 2 as adopted ~n I SA NCAC l 3A .0104 .

4

•

•

- Doc. Ex. 68 -

C1-94

- Doc. Ex. 69 -

C1-95



6

•

•

•

- Doc. Ex. 70 -

C1-96

- Doc. Ex. 71 -

C1-97

Mr. Huerter Page 2 January 6, 2010

.....

You must ensure that sufficient information is submitted describing how the requirements of 40 CFR 270.14(b)l, 4, S, 6, 11, 13,14, 16, 18, and 19, 40 CFR 270.14(c) and 40 CFR 270.14(d) as adopted in I SA NCAC .Ol 13(b) are met. In addition, you must submit a plan for and cost estimates for the removal or remediation of hazardous wastes or hazardous constituents that are on or have been caused by the facility.

The information required for a Part B application (40 CFR 270.28 as adopted in ISA NCAC 13A .0113) must be submitted within six (6) months ofreceipt of this letter. Failure to submit the Part B application by the due date may result in substantial penalty. The original and six (6) copies of the application must be submitted to the North Carolina Hazardous Waste Section at the following mailing address:

Elizabeth Cannon, Section Chief NC Division of Waste Management Hazardous Waste Section 1646 Mail Service Center Raleigh, North Carolina 27699-1646

Alternatively, the application may be delivered to the following location:

Division of Waste Management 401 Oberlin Road, Suite lSO Raleigh, North Carolina 27605 Attention: Elizabeth Cannon, Section Chief

In accordance with 40 CFR 2 as adopted in I SA NCAC 13A .0 I 04, you may claim confidentiality for certain information in your Part B application if such a claim can be substantiated. In order to claim that information is confidential you must:

1. Determine whether or not the claim of confidentiality can be substantiated, then substantiate it (concerning each type of information claimed) by addressing the applicable element of 40 CFR 2.208 as adopted in ISA NCAC 13A .0104;

2. Precisely describe which information is claimed as confidential or stamp each page that contains such information with the words "CONFIDENTIAL" or "CONFIDENTIAL BUSINESS INFORMATION";

3. Package all pages containing confidential information separately from your total Part B application package. This means that your Part B submitted would consist of two (2) packages: (a) the Part B application without confidential information, and (b) the portion of your Part B application that has been claimed as confidential; and,

4. State clearly in your transmittal letter that confidential information is included.

If no claim of confidentiality is made at the time of submission, the State and US EPA may make the information available to the public without further notice. If a claim is asserted and substantiated, the information will be treated according to the procedures in 40 CFR 2 as adopted in I SA NCAC l 3A .0 I 04 .

8

•

•

•

- Doc. Ex. 72 -

C1-98

•

•

•

4 I I#. ...

Mr. Huerter Page 3 January 6, 2010

We strongly encourage you to meet with the Section to discuss permit application requirements in more detail, prior to submission of the application. Please contact Mary Siedlecki at (919) 508-8568 to discuss possible meetings times and/or to discuss the permit application requirements. If we do not hear from you, we will anticipate the submission of the permit application prior to July 1, 2010.

Sincerely, .. ~1-1--'

~- ~ //11/J(' - _,.. • v1 er u-{ f fl ' t 'IJlrf Elizabeth.Cannon, 6;ief Hazardous Waste Section

.Enclosures

cc: fon D. Johnston, US EPA, Region 4 Spring Allen, HWS Inspector Loren Lanter, Dyna Diggr File

re: Bud McCarty, HWS Branch Head lJ ff.ft, r Vance Jackson, HWS Unit Supervisor , Mary Siedlecki, HWS Project Manager

9

- Doc. Ex. 73 -

C1-99



10

•

•

•

- Doc. Ex. 74 -

C1-100

- Doc. Ex. 75 -

C1-101

Mr. Huerter Part B Permit Application Notification Page 2 February 10, 2010

... •

I am concerned that if you delay preparation of the Part B permit application until after our future-scheduled meeting, you and your contractor may not be able to complete the application prior to July 6, 20 l 0, and may incur penalties. I welcome the opportunity to discuss this issue with you at your earliest opportunity.

Sincerely,

~·~' . zlecki Hazardous Waste Section

cc: Jon D. Johnston, US EPA, Region 4 Spring Allen, HWS Inspector

re:

Kirk Pollard, Mineral Springs Loren Lanter, Dyna Diggr File

Bud McCarty, HWS Branch Head tfffi l Vance Jackson, HWS Unit Supervisor·~ Mary Siedlecki, HWS Project Manage/ f.

12

•

•

•

- Doc. Ex. 76 -

C1-102

•

•

•

Exhibit A-4 2011-03-14- Letter from the

Hazardous Waste Section to WASCO

13

- Doc. Ex. 77 -

C1-103

- Doc. Ex. 78 -

C1-104

•

•

" .• 1';

Mr. Huerter Page 2 March 14, 2011

If you have any questions or comments, please do not hesitate to contact Mary Siedlecki at (919) 508-8568 or via email at [email protected].

Sincerely,

cc:

re:

h W. Cannon, Chief arolina Hazardous Waste Section

Loren Lanter, Dyna Diggr Kirk Pollard, Mineral Springs · Spring Allen, Hazardous Waste Section, Inspector

BudMcCarty, Hazardous Waste Section, Branch Head ·-·~1'1-. l.· ·Vance Jackson, Hazardoys Waste Section, Unit Supervisor . · Mary Siedlecki, Hazardous Waste Section, Project Manag . · .

;.. : •'

,, ...

C:\m~l\ms adf part b call letter & _altematemechanism final march 14 2011.•. ·

15

.. ..

- Doc. Ex. 79 -

C1-105



16

•

•

•

- Doc. Ex. 80 -

C1-106

- Doc. Ex. 81 -

C1-107

- Doc. Ex. 82 -

C1-108

•

•

•

Exhibit A-6 2013-04-18 - Email from Dan Hirschman to Dan Biederman

19

- Doc. Ex. 83 -

C1-109

From:

Sent:

To:

Hirschman, Daniel <[email protected]>

Thursday, April 18, 2013 4:39 PM

[email protected]

Cc: Billy Clarke ([email protected]); Fisher, Elizabeth <[email protected]>; Cannon, Elizabeth <[email protected]>; Mccarty, Bud <[email protected]>; Siedlecki, Mary <[email protected]>

Subject: RE: Asheville Dyeing and Finishing

Dan, Thank you for your email. The Hazardous Waste's Section's (HWS) position with regard to the financial assurance, and the permit generally, has not changed since we last spoke. HWS will not release the existing financial assurance mechanism unless and until the new alternate mechanism is in place and new adequate financial assurance is provided.

HWS has been discussing the site with DynaDiggr, which is now represented by counsel, Billy Clarke. I have shared with Mr. Clarke the package you sent to me last June, and I have given him your contact information. I'm also copying him on this email.

On another note, the new lead HWS attorney in my office is Elizabeth Fisher (also copied on this email). I will continue to remain involved in this matter to the extent I'm needed, but Elizabeth will be the point person on this matter going forward. She and I have discussed the matter, and she is aware of the issues involved. Best, Dan

Dan Hirschman Special Deputy Attorney General North Carolina Department of Justice Environmental Division 9001 Mail Service Center Raleigh, NC 27699-9001 Phone: (919) 716-6600 Fax: (919) 716-6939

From: [email protected] [mailto:[email protected]] Sent: Thursday, April 18, 2013 10:22 AM To: Hirschman, Daniel Subject: RE: Asheville Dyeing and Finishing

Hi Dan,

I hope you are well. I am checking in with you to see about the status of this matter. I really need to move this

matter along.

Dan

Please Note My New Address

Daniel J. Biederman, Sr. Attorney at Law 25 East Washington Suite 700

20

•

•

• WASC0002054

- Doc. Ex. 84 -

C1-110

•

•

•

Chicago, IL 60602 312-800-1953 Office 312-209-4629 Mobile 312-268-6254 Fax

Destitutus ventis, remos adhibe If the winds will not serve, take to the oars.

This communication, along with any documents, files or attachments, is intended only for the use of the addressee and may contain legally privileged and confidential information. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of any information contained in or attached to this communication is strictly prohibited. If you have received this message in error, please notify the sender immediately and destroy the original communication and its attachments without reading, printing or saving in any manner. This communication does not form any contractual obligation on behalf of the sender or the Law Office of Daniel J. Biederman, Sr.

_ _F_i:om: Hirschman, Daniel [mailto:[email protected]] Sent: Monday, October 01, 2012 4:02 PM To: Daniel Biederman Subject: RE: Asheville Dyeing and Finishing

Dan, I am meeting with my client next week to discuss this matter further, --Dan

Dan Hirschman Special Deputy Attorney General North Carolina Department of Justice Environmental Division 9001 Mail Service Center Raleigh, NC 27699-9001 Phone: (919) 716-6600 Fax: (919) 716-6939

From: Daniel Biederman [mailto:[email protected]] Sent: Thursday, September 27, 2012 3:52 PM To: Hirschman, Daniel Subject: Asheville Dyeing and Finishing

Dan,

I hope you are well. Enclosed please find correspondence regarding the Asheville Dyeing and Finishing matter. look forward to resolving this matter with you.

Dan Biederman

21 WASC0002055

- Doc. Ex. 85 -

C1-111



22

•

•

•

- Doc. Ex. 86 -

C1-112

Duplicate Copies Omitted.

Originals set forth in their entirety in Rule 9(d) Documentary Exhibits

Respondent’s Exhibit A-7, Letter from the Hazardous Waste Section to WASCO [16 August 2013] appears at Doc. Exs. 9-11

- Doc. Ex. 87 -

C1-113

Respondent’s Exhibit B Communications between the Hazardous Waste Section and

WASCO concerning the Facility

- Doc. Ex. 88 -

C1-114

•

Exhibit B-1 1999-02-18 - Meeting Attendance Record

27

- Doc. Ex. 89 -

C1-115

I I I

-- ·-- -·-------------,

The North Carolina Department of Environment, Health, and Natural Resources Division of Solid Waste Management• Hazardous Waste Section

Meeting Attendance Record

-~aciiity ri11&11flt o1em@r f1n,~hinca EPA JD/JCIJ010 (f tq (.de 3

Date Fe..btua C< f I~ I \qqq

AT~ DEHNR

-

. "

Please complete the information requested he/ow. Copies will he made available after the meeting.

Attending:

I. ~k f::h,( r1

2. :fo«"1 f o'(fii 3.--·~!Jvrv~d

4. · t<lv t Po Ll ... 0i rd s_ j{Qck\aed A. 6 ror~r 6.

Representing: - ···Phone Number: ·-

kt- Hamrrfeus fAlok 919j7"23~ ~18' y:2-1~ f)S'. ftt.16ZL Z0{ 9B6-3/1'6

~ li/&/Z- - (4'~9d-~s-9- 9h'JZ:3

JvJd,-a11o.nkA6s. q,q 2-60-qqJB NC iiaza. rdous Wo.~+c:., (911) 7 33-,1 r7B, x ;111

'

-~-----------------~-----

7. Medi '.j hdd fv I n+rntluce. US n l+e1~ Gwp a..s new {!}Wl"Mf.

s. ~ it,.' u aMJ ~1o.J f),S l1WJ ?id f?1d/Md~I i+ws ~ 9. C &rviac±,

l l. -----=-----------------------

PO Box 27687, Raleigh, NC 27611-7687 Tel: (919) 733-2178 Fax: (919) 715-3605

28

- Doc. Ex. 90 -

C1-116

Exhibit B-2 1999-03-17 - Letter from WASCO

to the Hazardous Waste Section

29

•

•

•

- Doc. Ex. 91 -

C1-117

•

•

March 17, 199.9 .

State of North Carolina Department of Environment, Health and Natural Resources Bazardous Waste Section Attn:· Peter Doorn P.O. :Sox 27687 Raleigh, North' Carolina 27611-7687 ..

Re: Compliance Request Asheville Dyeing and Finishing EPA ID# NCD 070 619 663

Dear Mr. Doorn:

Per our conversation on March 17, 1999, I am requesting a compliance update for Asheville Dyeing and Finishing, pursuant to the Administ~ative Order on Consent (AOC) that was issued by the Department of Waste Management (DWM) on August 29, 1990. This request is merely to update the current technical file and to add support in verifying financial assurance requirements. I appreciate the time and interest on my expedited request and if I can be of any further assistance on this matter please give call me at (847) 559-7673.

li-£.~ C~son Pontnack

us Filter/Chester Engi~eers

30

eoo Clubhouse Orive

Pittsburgh, Pennsylvania 15.108

<112·26!3-5700; Fa)( 412·269-5749

- Doc. Ex. 92 -

C1-118

Exhibit B-3 1999-03-18 - Letter from the

·Hazardous Waste Section to WASCO

31

•

•

•

- Doc. Ex. 93 -

C1-119

- Doc. Ex. 94 -

C1-120

Mr. Jason Pontnack March 18, 1999 Page 2 of2

and Finishing Site, please contact Rachael Grover of my staff at (919)733-2178, extension 299.

Sincerely,

N.fk,._ Peter L. Doom, Unit Supervisor Facility Management Branch Hazardous Waste Section

Enclosures (2)

cc: Narindar Kumar, US EPA Region 4 John C. Coyne, U.S. Filter m~miyff?lopp) Rachael Grover

re: Peter L. Doom Kathleen Z. Lawson Jill E. Burton

c:\wpfiles\ruth\rag\adfcomp 1.399

33

•

•

•

- Doc. Ex. 95 -

C1-121

•

•

•

Exhibit B-4 1999-03-29 - Letter from WASCO


34

- Doc. Ex. 96 -

C1-122

- Doc. Ex. 97 -

C1-123

Rachael Grover Project Manager March 29, 1999

Page2

U.S. Filter appreciates the Hazardous Waste's Section1s meeting with us in an effort to k~ep this project moving forward in a positive way. I personally look forward to working with you and continuing along our designated course. If you have any questions regarding the above information please feel free to give me a call at (847) 559-7673.

JP/pas

cc: Mr. Peter Doom Ms. Jill Burton

bee: Mr. John Coyne Mr. Kirk Pollard

Jason Pontnack

.36

- Doc. Ex. 98 -

C1-124

Exhibit B-5 1999-04-30- Letter from subsidiary

of WASCO to the Hazardous Waste Section re WASCO

37

•

•

•

- Doc. Ex. 99 -

C1-125

•

•

U~===~ .::-. - ===~ :=:: =-===-~=-- -- ---

ROSS M. CAMPBELL VICE PRESIDENT DIRECTOR OF FINANCE

April30, 1999

Ms. Jennifer W. Lopp Administrative Officer Hazardous Waste Section North Carolina Department of Environment,

Health and Natural Resources Division of Solid Waste Management 401 Oberlin Road Raliegh, North Carolina 27605

Re: Asheville Dyeing & Finishing Plant

Dear Ms. Lopp:

USF CONSUMER & COMMEROAL ONE CULLIGAN PARKWAY NORTHBROOK, IL 60062-6209

TELEPHONE FACSIMILE

This letter reaffirms our conversation of April 28, 1999 concerning the reporting Tequirements as owner I operator of the above referenced hazardous waste unit known as Asheville Dyeing & Finishing Plant. As I explained, Culligan International Company (Culligan) was acquired by US Filter on June 15, 1998 and in connection with that acquisition, US Filter changed Culligan's year-end to March 31, 1999. In accordance with paragraph (f)(5) of subpart Hof 40 CFR part 264 the owner I operator must provide

· certain information to the department (e.g. CFO letter, comfort letter, and latest audit) . within 90 days of its year end. Since our new year end is March 31, our first reporting

requirement will be Jmie 30, 1999.

To complicate matters however, Vivendi (a French Conglomerate) has purchased US Filter which will negate the need for an audit as of March 31, 1999. Since the audit will not be performed for this period oftime (rather our next audit will be under Vivendi for the year ended December 31, 1999), we agreed to review the Department's regulations to determine what alternatives might be available. Within the next few weeks we will determine what course of action will be required by June 30th. :1 look forward to working with you over the upcoming weeks to ensure that US Filter maintains its good standing with the North Carolina Department of Environment.

In the meantime, if the above is not in accordance with your understanding, please respond to me immediately at the address or phone number indicated above.

Very truly yours,

~~ CrV-Ross M. Campbell Vice President -Director of Finance

38

847-205-5876 847-205-6050

- Doc. Ex. 100 -

C1-126

Exhibit B-6 1999-05-10 - Letter from Mid-Atlantic

Ass_ociates, P.A. to the Hazardous Waste Section, copying WASCO

39

•

•

•

- Doc. Ex. 101 -

C1-127

..

•

•

MP?;~TlA4N!J9. Fi· le-: GW

/\s~e,"l \te.. D~iYlj t-hnioj.n~ 070 & I Cf ~(t,3

May 10, 1999

E11gine1'rinK & E11viror1mcn/(1/ -~·01urio1u

4119 R11g1·1·.v Vi~w Cow·r I Ral<·i~Jrl N1J1"1h (.'11m/i11al 27610 8()().48f>-'!5Mil !JJ!J.;!.~0-99181 919-250-9950 Fucsimilr

~·M·w.maaonllnc.t·om

Ms. Rachael A. Grover, Hydrogeologist North Carolina Department of Environment And Natural Resources

Hazardous Waste Section Post Office Box 27687 Raleigh, North Carolina 27611-7687

Reference: MODIFICATION REQUEST FORMER ASHEVILLE DYEING AND FINISHING SWANNANOA, NORTH CAROLINA MID~ATLANTIC JOB NO. 097R0562

Dear Ms. Grover:

On behalf of United States Filter Corporation (US Filter), Mid-Atlantic Associates is submitting this request for modification to the February 9, 1994 Revised Groundwater Sampling and Analysis Plan (GWSAPI for the above-mentioned site. The requested modification consists of reducing the analytical parameter list specified in Section 7 .3 Analytical Parameters of the GWSAP tor the semi-annual Post Closure Care groundwater sampling.

The Post Closure Care sampling events have been conducted for a period of approximately six years." During the six year period, the analytical results for inorganic compounds have consistently. revealed that the detection of certain RCRA metals and iron, manganese and sodium may be the result of naturally occurring conditions and not related to the contaminant plume. As a result, Mid~Atlantic

requests that RCRA metals and iron, manganese and sodium be eliminated from the analytical parameter list to be analyzed during the semi-annual Post Closure Care sampling events.

Attached is a revised page number 12 to be inserted in the February 9, 1994 Revised GWSAP. This revised groundwater sampling program will be effective during the July 1999 groundwater sampling event unless otherwise notified by the Hazardous Waste Section .

40

.,

- Doc. Ex. 102 -

C1-128

'·· Modification Request Former Asheville Dyeing And Finishing Swannanoa, North Carolina

May 10, 1999 Page 2

We appreciate your cooperation in this matter. If you should have any questions, please do not hesitate to contact me at 250-9918 or Jason Pontnack with US Filter at (847) 559-7673.

Sincerely,

MID-ATLANTIC ASSOCIATES, P.A.

~ fi. if IJ!JM/)_ Kirk B. Pollard Senior Project Manager

Attachment

Cc: John Coyne: US Filter, Houston, Texas Jason Pontnack: US Filter, Northbrook, Illinois Brad DeVore: Womble Carlyle Sandridge & Rice, Charlotte, North Carolina

KBP/kps

41

•

•

- Doc. Ex. 103 -

C1-129

•

•

•

···---·····---

7.2 Sampling Locations

Asheville Dyeing and Finishing 410005

February 9, 1994 Revision No. _j_ April 21, 1999

The sampling locations for the post-closure ground water monitoring program .will include wells MW-2s, MW-12s, MW-12i, and MW-13s. If additional ground water monitoring wells are required or if wells have been properly abandoned, then this revised SAP will be amended to reflect the changes.

One or more of the remaining monitoring wells on-site, or future wells, may periodically be sarnpled during each successive phase of ground water assessment.

7.3 Analytical Parameters

Post-closure monitoring wells MW-2s, MW-12s, MW-12i, and MW-13s will be analyzed for the parameters listed below. Modifications to the list of parameters is subject to the approval of the DSWM.

Organics

Volatile Organic Compounds (VOCs) (SW 846 Method 8260)

Field Parameters

pH Specific Conductance Temperature

Monitoring wells sampled as part of on~going ground water assessment activities will be established in the appropriate ground water assessment plan that will typically include sampling for VOCs and field parameters only, unless otherwise requested by DSWM.

7.4 Submission of Reports

Reports of each semiannual sampling event will be submitted to the DSWM within 30 days after the completion of the laboratory analysis. Each report will contain the field parameters, static water level measurements, water level elevations, sampling descriptions. analytical results, and conclusions and recommendations •

. Ground water assessment reports will be submitted according to the schedule included in the respective ground water assessment work plan .

Page 12 of 12

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- Doc. Ex. 104 -

C1-130

Exhibit B-7 1999~07- l 3 - Letter from the


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- Doc. Ex. 105 -

C1-131

i:=:..-ie. : 6 w . Ashe.ville. Dyeing.,.. hf71-sM1~

NOR'T'H CAROLINA DEPARTMENT OF ENVIRONMENT ANb NATURAL. RESOURCES

Mr. Jason Pontnack United States Filter Corporation 23 7 5 Sanders Road Northbrook, IL 60062-6209

DMSION OF WASTE MANAGEMENT

July 13, 1999

Subject: Request to Modify the Ground Water Sampling and Analysis Plan Asheville Dyeing and Finishing Swannanoa, North Carolina EPA ID# NCD 070 619 663

Dear Mr. Pontnack:

The North Carolina Hazardous Waste Section (HWS) has reviewed the May 10, 1999 request to modify the February 9~ 1994 Revised Ground Water Sampling and Analysis Plan (GWSAP). The request is for reducing the analytical parameters required for sampling for the semi-annual Post Closure ground-water sampling events. This revision includes removing RCRA metals and iron) manganese, and sodium from the sampling parameter list.

Beginning with the July 1999 sampling event and until further notice from the HWS, United States Filter can reduce the number of constituents analyzed for as proposed in the May 10, 1999 letter and revision to Section 7.3, page 12 of the GWSAP. The HWS has included the revjsed page 12 into the February 9, 1994 GWSAP.

If you have any questions regarding the Asheville Dyeing and Finishing Site, I can be reached at (919)733-2178, extension 299.

Sincerely,

~~ Rachael Grover, Hydrogeologist Facility Management Branch Hazardous Waste Section

cc: Narindar Kumar, US EPA Region 4 John C. Coyne, U.S. Filter Kirk B. Pollard. Mid-Atlantic Associates Spring Allen Rachael Grover

re: Peter L. Doom .>iJ Robert L. Glas'!lc.b

Kathleen Z. Lawson JJ:/L o:\wpfiles\ruth\rag\ad fsJp. 799

401 O!llll'll.IN ROAD, SUITE t!lO, RALE:l~H, NC ;a?'605

PHONE 91 g.7~3.4gg.;; F'AX !ill !il•715•3I005

AN EQUAL OPPORTl.'Nll'\' I AFFIRM2:lllf ACTION E.lfll'LQ\'li:R •SO% RECYCLED/10% POST-CONSUMER PAPl!:R

-·' - Doc. Ex. 106 -

C1-132

Exhibit B-8 2000-04-10 - Letter from counsel for

Culligan to the Hazardous Waste Section, enclosing draft AOC

45

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- Doc. Ex. 107 -

C1-133

( •

• l.

WOMBLE ..

CARLYLE ... SANDRIDGE

&RICE .~ l'Rlll'l;S~ltl~AI. l.HllTl'll

1.1..IHll.l l"Y (<lMrA~V

Pete Doom

200 Wesr Second Street Winston-Salem, NC 17101

M~iling Addrm: Pos1 Office Drawer 84-Winston·Salem, NC 27102 Telephone: (336) 721-3600 Fax: (336) 721~3660 Web ~ite: www.wcsr.com

April 10, 2000

Hazardous Waste Remediation Branch Mail Service Center 1646 Raleigh. NC 27699

RE: For.met Asheville Dyeing & Finishing FaclJity Old Farm School Road

Lori P. HiPnant Diroet Dial: (336) 121-353S

Dino! Fs.x: (336) 733-8410 E-mail: [email protected]

.·:·

.... ;·;. ~ ....... ·::.· ... ·.~~ :: ~ ..

• • 1.- ....

@

Dear Pete:

Sw: ~1;N orth Carolina ft::-~ f: _· .t ,_ .. /)/.Cp. . ._ .. fJrJ-1., .... '1J·f.:; --·'·~t3

I enclose a draft Administrative Order on Consent (AOC) proposed by Culligan International Company ("Culligan") to the Hazardous Waste Section. Division of Waste Management, Department of Environment and Natural Resources ("the Section"). The AOC sets forth the actions Culligan is planning at the former Asheville Dye & F.inishing facility in Swannanoa, North Carolina.

After you have had an opportunity to review the draft AOC, we would like to discuss it with the appropriate Section representatives. Kirk Pollard, who is the technical advisor to Culligan, obtained s.everal available meeting dates from Larry Stanley. Lairy mentioned that the Section representatives preferred the afternoon of May 10, 2000. After conferring with the Culligan representatives, May 1 o, 2000 is agreeable to them 8$ well. The following·wm be in attendance on behalf of Culligan:

John Coyne, Corporate Environmental Manager Jason Pontnack, Environll1ental Manage1· Kirk Pollard, Mid-Atlantic Associates (technical advisor) Lori Hinnant (attorney)

ATLANTA I G\\l!&NVl!.LE, SC I CHARLOTTE I WINSTON-SALEM I RES~ARCH TlllANGLii PARK I RALEIGH I WA~lll!\'GHDI. DC

46 WASC0005062

l I

- Doc. Ex. 108 -

C1-134

\VbMllU: ... CAAIXLE ...

SANDRIDGE &RlCE

Pl.T.C.

Pete Doom April 10, 2000

Page2

Please let us know at your earliest convenience the time, location and who will be participating on behalf of the Section. We look forward to working with you. Please caU me if you have any questions in the interim.

Very truly yours,

Lori P. Hinnant

Enclosure

cc: Lany Stanley, Hydrogeologist (w/enclosures) John C. Coyne (w/enclosures) Jason Pontnack (w/enclosures)

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• WASC0005063

- Doc. Ex. 109 -

C1-135

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le

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES

DIVISION OF WASTE MANAGEMENT

INRE: CULLIGAN INTERNATIONAL COMPANY ADMINISTRATIVE ORDER ·· OLD FARM SCHOOL ROAD ON CONSENT SWANNANOA, NORTH CAROLINA

DOCKET NUMBER ----

This Administrative Order on Consent (AOC) is entered into between Culligan International Company and the Hazardous Waste Section, Division of Waste Management, Department of Environment and Natural Resources.

J.

II.

JURISDICTION

. This AOC is entered into under authority vested in the Director of the Division of Waste Management of the Nonh Carolina Department of Environment and Natural Resources ("Division") pursuant to Article 9 of Chapter l30A of the North Carolina General Statutes.

STATEMENT OF PURPOSE

This AOC is entered into for the purpose of addressing remediation at the fonner Asheville Dyeing and Finishing (AD&F) facility located in Swannanoa, North Carolina. In· entering into this AOC, the objective of the Division and Culligan International Company ("Culligan") is to: (1) evaluate remedial altematives for the groundwater contamination resulting from the operation of a fo1mer underground storage tank ("UST")· and areas of concem; if any; and (2) implement a remediation plan.

rn. STATEMENTS OF FACT

. A. INTRODUCTORY INFORMATION

1. "The Site" is the property currently owned by Anvil Knitwear, Inc. at Old Fann Road, Swannanoa, Buncombe County, North Carolina.

2. From _ to __ , Winston Mills, Inc. ("Winston Mills") operated the Site through an unincorporated division, Asheville Dye & Finishing {'4AD&F"). During its operation, Winston Mills utilized raw and waste tetrachloroethylene in USTs in conjunction with a dry cleaning process. In 1985, Winston Mills removed the USTs.

48 WASC0005064

- Doc. Ex. 110 -

C1-136

3. In 1986, McGregor Corporation purchased the assets of Winston Mills. In 1988, sampling in the area of the fotmer USTs was conducted which revealed sevel'al volatile compounds,includingtetrachloroethylene. See October 1988 PreHminaty Hydrological Assessment prepared by Westinghouse Environmental Services.

4. In 1~90, Winston Mills and the fonner North Carolina Solid Waste Management Division, Hazardous WasteSection("the Section11

) entered into Administrative Order on Consent (11AD&F Otder .. ), which required an assessment of any contamination resulting from the operation of the USTs. In 19~2, AD&F addressed these areas in a closure plan approved by the Section. In conjunction and subsequent to the completion of the closure plan, a total of eight phases of groundwater assessments have been conducted and documented in reports provided to Division. The assessment program has delineated the impact from the USTs.

5. Soil sampling at the Site has revealed the presence of volatile and organic compounds ( 1 ,2-trichloroethylene, tetrachloroelhylene, methy Iene chloride).

6. Groundwater sampling at the Site has revealed the presence of volatile organic compounds (chloroform, transite-l ,2dichloroetbylene, ttichloroethylene, and tetrachloroethylene). ·

7. Through several corporate transactions involving McGregor Corporation and its parent company, Culligan assumed financial responsibility for addressing · the environmental issues associated with the prior operation of the USTs.

8.· In 1997, Culligan implemented a voluntary groundwater remediation program at the facility. The remediation consisted of air sparging and vacuum extraction technology to volatilize and extract chlorinated solvent impact from the subswface. The technology has been successful in remediating the soil and groundwater and has been documented in reports (attached as Exhibit A) beginning in 1998, which have been provided to the Division.

B. WORK PREVIOUSLY PERFORMED

1. AD&F and Culligan have performed all of the ordered actions set f01th in the AD&F Order. These actions include but are not limited to:

(a) Identification of releases from the operation of the fonner USTs or other areas of concern (hereinafter referred "other areas")~

2

49

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' I WASC0005065

- Doc. Ex. 111 -

C1-137

•

(b) Delineation of the natut'e and extent of the re) eases;

(c) Characterization of the physical setting (geology, hydrology) supported by site specific investigation(s) in understanding the transport and fate of known and potential releases and to identify all potential receptors of those releases;

( d) Documentation of site activity and hazardous waste used or generated at the facility to supp01t the basis for focusing sampling efforts on specific contaminants; and

(e) Evaluation of threats to human health and/or the environment resulting from the releases.

Work that has been perfonned pursuant to the AD&F Order is attached as ExhibitB.

2. Culligan has continued to comply with the requirements of the· March 31, 1992 Post8 Closure Plan prepared by Roy F. Weston and the0ctober27, 1992 modification prepared by Aquaterra, Inc. (The Post~Closure Plan has been submitted to the Division).

3. Culligan initiated a voluntary groundwater system' directly downgradient of the former USTs. The system is designed tOremediate the area of highest compound concentration in the shallow aquifer and to mitigate further downgradient migration of compounds.

IV. WORK TO BE PERFORMED

A. Culligan will continue to sample monitodng wells to assess and document the effectivenen of the voluntary groundwater system. (This system is documented in reports submitted to the Division attached as Exhibit A).

In addition:, contaminant transport modeling will be conducted and a Health Based Risk Assessment will be proposed to further evaluate remedial goals for the site.

B. Culligan will propose alternative remedial activities, if warranted, based upon the performance of the voluntary groundwatersystemand/orotherareas identified on the Property. Proposed final remedies will meet the following:

• Are protective of human health and the environment; • Attain appropriate cleanup standards;

3

50 WASC0005066

- Doc. Ex. 112 -

C1-138

• Control the source(s) of releases so as to reduce or eliminate, to the extent practicable, further releases that would pose a threat to human health and the environment; and

• Comply with the applicable standards for proper management of any constituents; and optimize:

Long-term reliability and effectiveness; Reduction of toxicity, mobility or volume; Short-term effectiveness; Implementability; and Cost effectiveness

C. Culligan will continue to comply with the October 27, 1992 Modified Post-Closure Plan.

D. All work perfolmed pw'Suant to this AOC shall be under the direction and supervision of a professional engineer or a licensed geologist.

B. Within ninety (90) days of receiving notice from the Division of any deficiency, Culligan shall submit to the Division information or material intended to correct such deficiency. When the Division determines that the report is complete, the Division will notify Culligan in Writing. .

F. Should the Division determine additional remedial investigation work phases are necessary, Culligan shall submit the subsequent work phase investigation plan within sixty (60) days of receiving notice from the Division of the additional work phase required. The requirements for the submittal and content of plans and reports under this AOC shall apply to subsequent work plaris and reports except where, in the Division's sole discretion, the submission of such would duplicate a previous submittal.

V. SAMPLING, ACCESS, AND DATA/DOCUMENT AVAILABILITY

A. The Division or its representatives may take split or duplicate samples of any samples collected by Culligan pursuant to this AOC. Culligan or its authorized representatives shall notify the Division not less than ten (10) days in advance of any field activity. This notification may be given verbally in the field by Culligan to the Division. · - ·

B. While this AOC is in effect, upon notice to Culligan and the current property owner, Anvil Knitwear, Division personnel and its representatives may exercise any applicable legal rights to enter the Site and, while present: review the progress of actiVities required by this AOC; conduct such tests as the Division deems necessary in connection with this AOC; and otherwise assess Culligan's compliance with this

4

51

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WASC0005067

- Doc. Ex. 113 -

C1-139

••

••

AOC. All parties with access to the Site pursuant to this paragraph shall comply with approved heaJth and safety plans.

C. Unless a confidentiality claim covering infonnation provided under this AOC is made, such infonnation may be made available to the public by the Division without further notice to Culligan.

D. If CulJigan is unable by reasonable efforts to gain access to other property as necessaiy pursuant to this AOC, the Division shall assist Culligan in obtaining access.

VI. . DELAY IN PERFORMANCE

VII.

As soon as Culligan becomes aware of the potential for delay, it shall submit to the Division written documentation of the reasons for the delay and the efforts made by Culligan to avoid the delay, as well as a time by which such work can be completed. The Division shall review the docwnentation and shall promptly approve the new schedule if good cause is shown. Good cause may include, but is not limited to, extraordinaty weather, natural disasters and . national emergencies. At a minimum, good cause does not include nonnal inclement weather, increases in the cost of work to be performed under this AOC, financial difficulty for Culligan in perfonning such work, failure by Culligan to satisfy their obligations under this AOC (whether evidenced by a notice of deficiency or not), the pendency of dispute resolution, acts or omissions of Culligan's contractors or representatives not otheiwise constituiing good cause, and failure by Qllligan or its contractors or representatives to make complete and timely application for any required approval or permit. The. burden of demm~strating good cause for delay, and that the delay proposed is warranted, is Culligan's.

DISPUTE RESOLUTION

If Culligan wishes to dispute any decision of the Division made pursuant to this AOC and cannot resolve the matter through infotmal negotiations, they shall, within fourteen (14) days ' of being notified of such decision, submit to the Division a written statement of the grounds for its dispute and of the decision it advocates. Within a reasonable period following its receipt of such a written statement, the Division shall issue a written decision on the disputed matter. Within fou1teen (14) days of receiving the Division's written decision on the dispute, the Division shall have received from Culligan a written statement as to whether Culligan shall abide by the decision. If the Division does not receive such a statement, or the statement is to the effect that Culligan shall not abide by the decision on the dispute, this AOC shall be deemed dissolved. In that event, the Division shall retain all its applicable enforcement rights against Culligan, and Culligan shall retain all applicable defenses. Culligan's invocation of dispute resolution shall not alone excuse noncompliance with this AOC or any requirement established' pursuant thereto.

5

52 WASC0005068

- Doc. Ex. 114 -

C1-140

VIII. NOTICE

All documents submitted by Culligan to the Diyision pursuant to this AOC shall be sent by certified mail, return receipt requested, by Federal Express or other equivalent overnight service, or hand delivered to:

Larry Stanley, Hydrogeologist North. Carolina Hazardous Waste Section Mail Service Center 1646 401 Oberlin Road - Suite 1 SO Raleigh, NC 27605-1350

The Division will direct all con-espondence related to this AOC to:

Jason Pontnack Environmental Manager Health, Safety and Environmental Compliance U.S. Filter P.O. Box 560 Rockford IL 61105..0560

with copies_ cJ.elivered _to:

Brad De.Vore, Esquire Womble Carlyle Sandridge & Rice,'PLLC 3300 One First Union Center 301 South College Street Charlotte, NC 28202

Any notice required to be given to Anvil Knitwear shall be made to:

Mr. Steve Pegg Anvil Knitwear 304 Linwood Road Post Office Box 488 Kings Mountain, NC 28086

6

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• WASC0005069

- Doc. Ex. 115 -

C1-141

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•

. - . - ··- - ·- -- ·- -- ·- . 1

IX. ADDITIONAL PROVISIONS

A. This AOC shall be binding upon1 and inure to the benefit of, Culligan, its agents, successors and assigns. The signatories for Culligan to this AOC each certify that he/she is authorized to execute and legally bind Culligan as to this AOC.

B. Culligan shall provide a copy of this AOC to each contractoror other pel'5on or entity retained to petfonn any work under this AOC within seven (7) days after the effective date of this AOC or the date of retaining their services, whichever is later. Culligan shall conditiQn any such contracts upon satisfactory compliance with this AOC. Notwithstanding the tenns of .any contract, Culligan is responsible for compliance with this AOC and for ensuring that such contractors or other persons or entities comply with this AOC. Submittal by Culligan of each document pursuant to this AOC shall constitute certification by the signatory and by Culligan of the truth1 accuracy and completeness of the infonnation contained in that document.

c.

D.

E.

F.

G.

H.

In the event the Division detennines Culligan is in violation of this AOC or requirements est;ililished pursuant thereto, the Division may ·order Culligan to remedy the violation(s) or temporarily or pennanently halt implementation of this AOC; conduct part or all of the remediation itself, and/or take any other action within the Division's enforcement authority regarding waste disposal sites. ,

To protect the public health or the environment, the Division may order a temporary or permane~t halt to implementation of this AOC.

All actions required pursuant to this AOC sha1l be in accordance with applicable local, state and federal laws and regulations, unless an exemption regarding particular state or local laws or regulations is specifically provided in this AOC now or later.

Culligan shall preserve, for at least three (3) years after termination of this AOC, all records and documents in its possession or in the possession of its divisions, employees, agents, accountants, contractors or attorneys which relate in any way to this AOC. Culligan may asse1t any available right to keep particul~ records and documents, other than analytical data, confidential.

Nothing herein shall constitute a satisfaction of, ot release from, liability for any claim arising as a result ofoperation1 ownership or use of the Site by Culligan 1 its agents, contcactors, lessees, successors or assigns.

This AOC supersedes any prior agreement, verbal or written, which may have been entered into prior to the date of the execution of the agreement, and may be amended only in writing by the undC1'5igned parties.

7

54 WASC0005070

- Doc. Ex. 116 -

C1-142

By:

I. This AOC shall terminate when Culligan receives w1itten notice from the Division that all activities required pursuant to this AOC have been completed to the Division's satisfaction. Culligan may also, upon submittal of the required fee, request the detennination authori7.ed by N.C. Oen. Stat. § 130A-3 l0.7{c).

This AOC is entered into on the __ day of_. ___ _, 2000.

William L. Meyer, Director Division of Waste Management North Carolina Department of Environment and Natural Resources

·· By: Culligan International Company

(Signature)

By:

8

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:• WASC0005071

- Doc. Ex. 117 -

C1-143

•

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EXHIBIT A

. . .

• June 1998 Voluntary Groundwater Remediation Report prepared by Mid-Atlantic Associates

• October and July 1998 Voluntary Groundwater Remediation Report prepared by MidAtlantic Associates

• January 1999 Post Closure Semi-Annual Report prepared by Mid-Atlantic Associates

• May 1999 Groundwater Sampling and Analysis Modification Request prepared by MidAtlantic Associates

• January 1999 Voluntary Groundwater Remediation Report prepared by Mid-Atlantic Associates

• April 1999 Voluntary Groundwater Remediation Report prepared by Mid~Atlantic As8ociates

• July 1999 Voluntary Groundwater Remediation Report prepared by Mid-Atlantic Associates

• October 1999 Voluntary Groundwater Remediation Report prepared by Mid-Atlantic Associates

56 WASC0005072

- Doc. Ex. 118 -

C1-144

EXHIBITB

• November 1990 Groundwater Assessment Plan prepared by Roy F. Weston, Inc.

• December 1990 Closure I Post Closure Plan prepared by Roy F. Weston, inc.

• May 1991 Closure I Post Closure Plan prepared by Roy F. Weston, Inc.

• November 1991 Closure/Post Closure Plan Revision 2 prepared by Roy F. Weston, Inc.

• February 1992 Groundwater Assessment Plan prepared by Roy F. Weston, Inc.

• March 1992 Closure/Post Closure Plan Revision 3 prepared by Roy F. Weston, Inc.

• April 1992 Groundwater Assessment Report prepared by Roy F. Weston, Inc.

• April 1992 Groundwater Assessment Report prepared by Aquaterra, Inc.

• Ap1il 1992 Phase II Groundwater Assessment Report prepared by Aquaterra, Inc.

• May 1992 Addendum of Closure I Post Closure Plan prepared by Aquaterra, Inc.

• June 1992 Amendment to Groundwater Sampling and Analysis Plan prepared by Aquaterra, Inc.

• August 1992 Groundwater Assessment Report prepared by Aquaterra, Inc.

• August 1992 Phase III Groundwater Assessment Workplan prepared by Aquaterra, Inc.

• September 1992 ~dendum of Closure I Post Closure Plan prepared by Aquaterra, Inc.

• October 1992 Modification to Post Closure Plan prepared by Aquaterra, Inc.

• January 1993 Phase III Groundwater Assessment Report prepared by Aquaterra, Inc.

• January 1993 Phase IV Groundwater Assessment Workplan prepared by Aquaterra, Inc.

• April 1993 Phase IV Groundwater Assessment Report prepared by Aquaterra, Inc.

• April 1993 Phase V Groundwater Assessment Workplan prepared by Aquaterra, Inc.

• June 1993 Phase V Groundwater Assessment Progress Report prepared by Aquaterra, Inc.

• July· 1993 Phase V Groundwater Assessment Progress Report prepared by Aquaterra, Inc.

57

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WASC0005073

- Doc. Ex. 119 -

C1-145

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•

•

• August 1993 Phase V Growidwater Assessment Progress Report prepared by Aquaterra, Inc.

• November 1993 Phase V Groundwater Assessment Report prepared by Aquaterra, Inc.

• November 1993 Phase VI Groundwater Assessment Workplan prepared by Aquaterra, Inc.

• December 1994 Phase VI Groundwater Assessment Report prepared by Aquaterra, Inc.

•. January 1995 Phase VIII Groundwater Assessment Workplan prepared by Aquaterra, Inc.

• January 1996 Phase VII Groundwater Assessment prepared by Aquaterra, Inc.

• August 1996 Phase VIII Groundwater Assessment Workplan prepared by Aquaterra, Inc.

• October 1996 Phase VIII Groundwater Assessment Workplan Addendwn pl'epared by Aquaterra. Inc.

• June 1997 Phase VITI Growidwater Assessment Report prepared by Aquaterra, Inc .

58 WASC000507 4

l - Doc. Ex. 120 -

C1-146

•

Exhibit B-9 2000-05-10 - Meeting Attendance Record

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- Doc. Ex. 121 -

C1-147

- Doc. Ex. 122 -

C1-148

•

Exhibit B-10 2003-09-23 -Meeting Attendance Record

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• 61

- Doc. Ex. 123 -

C1-149

- Doc. Ex. 124 -

C1-150

-Exhibit B-11 2003-10-06 - Letter from Mid-Atlantic

Associates, P .A~ to the Hazardous Waste Section, copying WASCO

63

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- Doc. Ex. 125 -

C1-151

99£60008S'v'M

• .....

•

•

·. ;Jr4~vil/.e- 4~ d-lf,,/rlr1J

MP?;~1:\{'.l'i,T!'€. ;vo o7c t-1? go

October 6, 2003

Mr. Larry Stanley

Engineering & Environme11tal Solutit>11.s

409 Rogers View Court I Raleigh I North C.flmlillU I 27610 800-48ff-7S6/JI 919-250-99181919-250-9950 Foes/mill'

111v1v.n1acumfine.c"n1

North Carolina Department of Environment and Natural Resources Division of Waste Management Hazardous Waste .Section 1 646 Mail Service Center Raleigh# North Carolina 276~9-1646

.P· : .

..,;:.

Reference: SUMMARY OF SEPTEMBER 23, 2003 MEETING FORMER ASHEVILLE DYEING AND FINISHING FACILITY SWANNANOA, NORTH CAROLINA EPA ID# NCD 070 619 663 MID·ATLANTIC JOB NO. 097R0562.00

Dear Mr. Stanley:

On behalf of Cultfgan International (Culligan), Mid~Atlantic Associates, Inc. is pleased to submit the following summary of our meeting. held on September 23, 2003. The purpose of the meeting was to discuss an Alternative Mechanisms Administrative Order on Consent (AOC) for the site. The AOC would take the place of a Part B Post Closure Permit and based on the boilerplate version provided by the Hazardous Waste Section (HWSI.

The boilerplate AOC outlines various tasks to be completed under Section V (Scope of Work) of the document. As discussed at the meeting, many of these tasks have already been completed. Culligan indicated that these requirements could be addressed by summarizing the existing data, and based on our discussion, it Is our understanding that the HWS will recognize this previous work. To confirm that there will be no difficulties regarding this issue once the AOC is signed, Culligan has agreed to submit the following documents for your review •

64

- Doc. Ex. 126 -

C1-152

L9£60008SV'M

.... Summary of SeptembtJt 23, 2003 Meeting Former Asheville Dyeing and Finishing Facility Swannanoa, North Carolina

October 6, 2003 Page2

• RCRA Facilit~ Assessment (RFA) - The RFA will be completed utilizing data previously cc;1llected by Mid-Atlantic and others over the last decade. The work will be summarized and the RFA will be submitted to the HWS for its review. The HWS shall indicate if this document satisfies the requirements of Section V .A. of the boilerplate AOC. The RFA will be submitted within 60 days.

• Site Conceptual Model (SCM) - Data collected over the last 12 years will be summarized into a SCM that describes the site geologic conditions, distribution of constituents of concern (COCs), etc. Utilizing the SCM and. existing data,· three~ dimensional groundwater flow modeling will be performed. The modeling will ultimately be used to determine the fate of the COCs and to evaluate remedial alternatives. The SCM and modeling results will be provided within 150 days. Results may include recommendations for additional testing based upon data gaps identified during the modeling process. The SCM is being prepared to satisfy Section V.B. of the boilerplate AOC.

Following the submittal of the .items described above, Culligan will request another meeting with the HWS. The- .purpose of the meeting will be to discuss the items described above, determine if they satisfy tasks outlined in the boilerplate AOC, and to discuss the submittal of a draft AOC by Culligan.

In addition to the items described above, and as you requested in our meeting, Culligan will submit a revised Part A Permit Application within the next 30 days. If you have any questions, please contact either of the undersigned at" (91 9) 250w9918. . .

Sincerely,

MIOwATLANTIC ASSOCIATES, INC.

Kathleen A. Roush, L.G. Principal Geologist

cc: Mr. Robert Laboube - Culligan rnternational Mr. Brian Clarke - USFllter

10-03 HWS Mtg Summsry/KAR/aso

65

lfdl'I/ 1.3 . r?,,etaJ Kirk B. Pollard, LG. Senior Project Manager

M ID-ATLANTIC A S S 0 C I AT E S. I N C.

Bnsln<t.,rina & Hn~lronmental Soluttorc.

- Doc. Ex. 127 -

C1-153

•

•

•

Exhibit B-12 2004-10-26 - Letter from Culligan

to the Hazardous Waste Section, copying WASCO

66

- Doc. Ex. 128 -

C1-154

- Doc. Ex. 129 -

C1-155

•

•

•

Please be advised that all future correspondence should be directed to attention Mr. Coyne, as noted above.

It has been my pleasure to work together with you on this project and I wish you continued success toward its completion. Please do not hesitate to call me if you have any questions.

Sincerely,

Robert LaBoube Director; Environmental, Health & Safety

cc: John Coyne (W ASC)

6S-

- Doc. Ex. 130 -

C1-156

•

Exhibit B-13 2004-10-29- Email chain between

the Hazardous Waste Section and John Coyne

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• 69

- Doc. Ex. 131 -

C1-157

•

From:

Sent:

Coyne, John <John. [email protected]>

Friday, Octob~r 29, 2004 1 :00 PM

To: Larry Stanley <[email protected]>

Cc: Subject:

Robert LaBoube (E-mail) <[email protected]>

RE: New Part A

Thank you for making contact Larry. I was with USFilter when we purchased Culligan back in the Summer of 1998, so I am very familiar with this project. I will be the PM for this project going forward.

Your memory is certainly keen, as I did attend a meeting with you and other agency folks back in the 1999 time frame. Bob LaBoube has done a good job of managing the project over the past 5 years, and I expect the transition to go smoothly. We intend on keeping the same consultants (Mineral Springs), and doing everything else we can to maintain continuity and keep the project headed in the right direction.

I will attend to the Part A application in the very near future. Thanks again for the reminder, and please do not hesitate to call me if you have any questions about the divestiture of Culligan, or the project in general.

John C. Coyne Director - Environmental Affairs Water Applications & Systems Corporation 14950 Heathrow Forest Parkway suite 200 Houston, TX 77032 Phone 281-985-5544 Fax 281-442-9014 Cell 936-443-5696

-----Original Message-----From: Larry Stanley [mailto:[email protected]] Sent: Friday, October29, 200410:17 AM To: [email protected] Subject: New Part A

John,

I recently received a letter from Mr. Bob Laboube indicating that W ASC is now responsible for RCRA issues at the former Asheville Dyeing and Finishing facility in Swannanoa, NC. I think you were previously involved with this site, and I met you at a meeting in our office two or three years ago.

Besides letting you know that Bob had contacted us,Talso need to remind you that W ASC must submit a new Part A permit application with

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updated operator and contact information. Culligan submitted updated site identification information in late 2003. It's the same form, you just have to check the appropriate box at the top of the first page. A copy of the form can be obtained from an EPA website (http://www.epa.gov/epaoswer/hazwaste/data/form8700/forms .htm#parta ). Either Bob Laboube or Mineral Springs should have most of the information needed to complete the form.

Regards, Larry Stanley

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Exhibit B-14 2004-11-04- Email from John Coyne


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From: Sent:

Coyne, John <John. [email protected]>

Thursday, November 4, 2004 11:39 AM

To: John Johnston (E-mail) <[email protected]>; K. Pollard Mineral Springs Environmental (E-mail) <[email protected]>; Larry Stanley (E-mail) <Larry. [email protected]>; Robert LaBoube (E-mail) <[email protected]>

Subject: Conference Call to Discuss the RF A - AD&F in Swannanoa, NC

Gentlemen - I spoke with John Johnston today RE: the possibility of getting everyone together for a conference call to collectively discuss the RF A and comments. I spoke with Bob LaBoube RE: his availability also. For now, the date of November 18th (Thursday), is shaping up as the best possibility. Please let me know your availability for the 18th, and if possible, a time that works for you.

Thank you, and please contact me if you have any questions or comments.

John C. Coyne Director - Environmental Affairs Water Applications & Systems Corporation c/o Veolia Water North America 14950 Heathrow Forest Parkway suite 200 Houston, TX 77032 Phone 281-985-5544 Fax 281-442-9014 Cell 936-443-5696 [email protected] NEW ! !

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Exhibit B-15 2004-11-08-- Email from John Coyne


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From:

Sent:

Coyne, John <[email protected]>

Monday, November 8, 2004 3:50 PM

To: K. Pollard Mineral Springs Environmental (E-mail) <[email protected]>; Larry Stanley (E-mail) <[email protected]>; Robert LaBoube (E-mail) <[email protected]>; John Johnston (E-mail) <j ohnston.j [email protected]>

Subject: Conference Call - 11/18/04@ 10: 15CST I 11: 15 EST

Gentlemen - I have received a response from everyone listed above, and it looks like Thursday, November 18th will work for everyone. Since nobody had any known time conflicts that day, let's shoot for 10: 15 AM Central Standard Time (11: 15 EST). The topic of discussion will be the RFA (and comments) for the AD&F site in Swannanoa, NC.

The conference call number is 877-766-4460 the pass code is 912473

Please contact me if you have any questions or comments. I am looking forward to discussing the RF A and keeping this project on a "go-forward" path.

Thanks.

John C. Coyne Director - Environmental Affairs Water Applications & Systems Corporation c/o Veolia Water North America 14950 Heathrow Forest Parkway suite 200 Houston, TX 77032 Phone 281-985-5544 Fax 281-442-9014 Cell 936-443-5696 [email protected] NEW ! !

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Exhibit B-16 2004-11-09 - Email chain between

the Hazardous Waste Section and John Coyne

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From: Sent:

Coyne, John <[email protected]>

Tuesday, November 9, 2004 1: 17 PM

To: Larry Stanley <Larry. [email protected]> Subject: RE: Conference Call to Discuss the RF A - AD&F in Swannanoa, NC

Thanks ... talk to you on the 18th ...

John C. Coyne Director - Environmental Affairs Veolia Water North America 14950 Heathrow Forest Parkway suite 200 Houston, TX 77032 Phone 281-985-5544 Fax 281-442-9014 Cell 936-443-5696 [email protected] NEW!!

-----Original Message-----From: Larry Stanley [mailto:[email protected]] Sent: Tuesday, November 09, 2004 8:43 AM To: Coyne, John Cc: John Johnston (E-mail); Robert LaBoube (E-mail) Subject: Re: Conference Call to Discuss the RFA - AD&F in Swannanoa, NC

John,

Comments on Asheville D&F's draft RF A are attached to this e-mail. John Johnston suggested that I send them to you in an electronic format. I hope this gives you enough time to look them over before our conference call on November 18.

Larry Stanley

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Exhibit B-17 2005-12-12 to 2005-12-13 - Email chain

between the Hazardous Waste Section and John Coyne

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From:

Sent: Coyne, John <John. [email protected]>

Tuesday, December 13, 2005 3:30 PM

To: Cc:

Mary Siedlecki <[email protected]>; j [email protected]

CARL UTTERBACK <[email protected]>; [email protected]; LARRY STANLEY <[email protected]>; K. Pollard Mineral Springs Environmental ([email protected])

Subject: RE: Asheville Dye and Finishing Site

Thank you, Mary. We will work with our consultant on this and get back to you soon. If we have any questions, we'll certainly give Carl (or you) a call to discuss.

Best regards,

John C. Coyne Director - Environmental Affairs Water Applications & Systems Corporation 14950 Heathrow Forest Parkway suite 200 Houston, TX 77032 Phone 281-985-5544 Fax 281-985-5595 Cell 936-443-5696 [email protected]

Confidentiality Note: This email message and any attachments to it are intended only for the named recipients and may contain legally privileged and/or confidential information. If you are not one of the intended recipients, please do not duplicate or forward this email message and immediately delete it from your computer.

-----Original Message-----From: Mary Siedlecki [mailto:[email protected]] Sent: Monday, December 12, 2005 12:29 PM To: [email protected] Cc: CARL UTTERBACK; [email protected]; LARRY STANLEY Subject: Asheville Dye and Finishing Site

Dear Mr. Coyne:

I am writing to you know that Carl Utterback and myself have been assigned to the above referenced project. Carl will be the primary contact. You can reach him by telephone at (919) 508-8567 or email at [email protected]. I can reached at this email address or at

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(919) 508-8568 .

Carl asked that I send you an electronic copy of our draft Administrative Order of Consent (AOC). This draft AOC is a boilerplate example of the information/data required as part of an AOC. The draft was developed using an example site located in the coastal plain. Obviously, much of the coastal plain information will have little to no bearing on your site and will have to be replaced with site-specific data. The HWS will be using this example AOC to develop a site-specific AOC for the Asheville Dye and Finishing facility.

If you have any questions or comments, please feel free to contact either Carl or myself.

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Mr. Huerter Page2 March 23, 2007

The Section and U.S. EPA will work to address remediation concerns at your facility in a manner consistent with your plans for the property. If you believe that facility-wide c01Tective actions are already complete for your site, please notify Mary Siedlecki of the Section.

Please contact Mary Siedlecki at (919) 508-8568 or [email protected] if you have fmiher questions regarding this letter.

Sincerely,

~£Jrflel~-" Bud McCarty, tfe'd Facility Management Branch Hazardous Waste Section

cc: Robert Glaser- Unit Manager, Hazardous Waste Section

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Mr. Huerter Page2 April 5, 2007

The Hazardous Waste Rules, 40 CFR 265.93(d)(4) require the owner or operator to detennine:

(i) The rate and extent of migration of the hazardous waste or hazardous waste constituents in the ground water; and (ii) The concentrations of the hazardous waste or hazardous waste constituents fo the ground water.

As a result and to meet the Section requirements regarding plume delineation, AD&F must develop a groundwater assessment plan to address the above requirements. The assessment plan should include the following components: site conceptual model (SCM), environmental indicators (Els), investigation of SWMlJs identified as requiring additional assessment in the RCRA Facility Assessment (RF A), and an implementation schedule. Also see the enclosed item list for additional information regarding assessment acti.vities.

Site Conceptual Model The assessment plan should include the development of a site conceptual model. The SCM should present a well defined description of the impacted aquifer system(s). This description should clearly illustrnte the groundwater flow direction across the site. Groundwater flow nets should be constructed that illustrate groundwater flow in both plane view and cross section. A narrative explanation that supports the groundwater flow pattern illustrated in the flow nets should be included .

111c horizontal and vertical dimensions of the contaminant plume(s) should be superimposed on the flow nets. In the vertical plane, please include the lithological profile. If applicable, please identify any preferential flow paths or highly transmissive 7.0nes that may influence contaminant migration.

Environmental Indicators Asheville Dyeing and Finishing should identify potential liabilities related to offsite contamination. It has been established that production wells and monitoring wells located on the downgradient property, Owens Manufacturing Operations, are contaminated from releases from the regulated unit located at AD&F. The Section strongly suggests using the EI process as a method to identify pathways and prioritize tUrther assessment, Els are a valuable tool in guiding investigation and remediation work. EPA's RCRA Corrective Action program uses the following two Els to evaluate site conditions:

i. Current Human Exposures Under Control ii. Migration of Contaminated Groundwater Under Control

Using the enclosed EI forms and guidance, please assess and document potential liabilities associated with the off site groundwater contamination. Additional information about Els can be found at: http://www.epa.gov/eaposwer/hazwaste/ca/cis.htm

RCRA Facility Assessment (RF A) Tn January 2005, a RFA was conducted at the site. As part of the RFA, 23 SWMUs and one Arca Of Concern were identified. Four of the 23 SWMUs require confirmatory sampling and one requires a RCRA Facility Investigation (RFI). As part of the groundwater assessment plan, the Section highly recommends addressing contamination at the site as a whole. This approach will ultimately benefit AD&F by the removal of any additional, unidentified sources that are continuing to contribute contamination to offsite receptors .

Additional Assessment Items (See Attachment) During our review of AD&F's submittals, we have noted items which need to be discussed or addressed regarding the overall assessment of the site and these items are included in the attached list of further

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... f Mr. Huerter

Page 3 April 5, 2007

assessment items. The Section suggests that these items be considered when addressing the site as a whole with regards to further investigation and remediation. AD&F should review this information and contact us with any questions you may have.

Please provide a groundwater assessment plan by May 30, 2007. Feel free to call me at (919} 508-8567 or Mary Siedlecki at (919) 508-8568 if you have any questions or to discuss the option of scheduling a meeting prior to developing the assessment plan.

Regards, ,..~_,· ~ ., ,.- . . - 9

/,, ,., / , £..J..• 'i'/v·<::_ L~·~;,.t( -

Carl Utterback Project Manager

Enclosures

cc: Mary Siedlecki - Project Hydrogeologist Kirk Pollard - Mineral Springs Environmental

re: Robert Glaser - Unit Manage(,l{,p Bud McCarty -- Branch Manage~'--"'

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Ashevilfe Dyeing and Finishing

Further Assessment Items

April 5, 2007

1. The Hazardous Waste Section (HWS} has reviewed the recent ground water assessment report (Phase VIII Ground Water Assessment Report, dated June 2, 1997) and the recent monitoring report (July Quarterly Effectiveness Monitoring Report, dated October 3, 2006). As a result of this review the HWS believes that Asheville Dyeing and Finishing (AD&F) must continue the ground water assessment per 40 CFR 265.93(d) as codified in 15A NCAC 13A .0110, in and around the site until the assessment is complete. Specifically, the potentiometric maps and contaminant isoconcentration maps indicate that contaminated ground water is moving in a south/southeast direction and AD&F must determine how far the contamination has migrated both in the vertical and the horizontal plane.

2. The PCE spill that occurred in 1971 was thought to have reached Beetree Creek through a drain pipe that discharged into the Creek. As part of the groundwater assessment, AD&F should determine the construction and geometry of the drain pipe as well as the integrity of the pipe. Once this evaluation is complete a determination can be made regarding the need for further assessment.

3. As recommended in the RCRA Facility Assessment (RFA), the open dump area identified as SWMU 14 requires an RCRA Facility Investigation (RFI). The dump was used by Northrop Carolina in the 1960s to dispose of construction and demolition debris, miscellaneous metal materials, tires, and 55-gallon drums (contents unknown). An investigation conducted by the State in May 1985 did not document the presence of extractable inorganics, but numerous organic compounds were detected (specifically, tentatively identified compounds were identified in the laboratory reports)_ The results of the State Superfund investigation suggested that the dumping area could contain rocket fuel, munitions, warfare chemicals, and smoke bombs. Because SWMU 14 is unique at the facility, the groundwater assessment plan should include a separate section that addresses the investigation of SWMU 14. AD&F may want to include the Hazardous Waste Section in development of this part of the investigation.

4. Although monitoring wells have been installed in the vicinity of SWMU 14, the monitoring wells are not located such that they would detect contamination that may be originating from the dump site and migrating toward the Beetree Creek; the installation of additional monitoring wells should be included in the work plan described above.

5. Describe the current status of the five production wells located at the Owens Manufacturing facility. If these wells are still in use, sampling for the presence of PCE and its degradation products would provide useful information. In addition, determine if pumping the production wells is influencing ground water flow direction and contaminant migration through the subsurface.

6. Additional information on the five production wells, if available, should be provided. This would include:

a) construction details, b) aquifer test information,

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c} lithologic logs, • d} information on yields within different zones within each well (i.e., does one

zone/fracture set yield more water than another).

7. The RS-2 remediation system was installed in 2001 to address the groundwater impact associated with an unidentified source north of the manufacturing facility. Please provide a status report on the investigation of the unidentified source and how the effectiveness of the remediation system will be evaluated.

2

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Exhibit B-20 2007-05-02 to 2007-06-28 - Email chain

between the Hazardous Waste Section and Rodney Huerter

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From: To: Subject: Date:

K Pollard Mjnera! Sprjngs Enyjronmenta! Huecter Rodney . Re: Asheville Dyeing & Finishing - NCD 070 619 663 Thursday, June 28, 2007 2:20:51 PM

Site visit is scheduled for Friday moring at 730. I will fax as soon as I get a copy.

----- Original Message ----Frdm:0Hl!erter: Rodl1ey . ... ' . --- ---- - ___ ,

To: [email protected] Sent: Thursday, June 28, 2007 3:17 PM Subject: FW: Asheville Dyeing & Finishing - NCO 070 619 663

FYI

Rodney G. Huerter 281-985-5547 (office)/ 936-648-3162 (mobile) [email protected]

-----Original Message----From: Huerter, Rodney Sent: Thursday, June 28, 2007 12:20 PM To: '[email protected]' Subject: RE: Asheville Dyeing & Finishing - NCO 070 619 663

Carl: Kirk conveyed to me that you both spoke over the course of the past week or so about the potential of an additional 2-week extension to submit the Assessment Workplan for AD&F. I am respectfully requesting that you grant such extension.

I have received and reviewed the initial draft. It references information mentioned in some particular documents that I do not have in my files for the site, and I want to ensure that I persoanally review the information prior to 'green-lighting' the workplan. Kirk and I spoke yesterday, and he is going to personally go to the Agency and obtain the appropriate copies for me over the course of the 7 -10 days.

I greatly appreciate your consideration and authorization of this good faith request.

Rodney G. Huerter 281-985-5547 (office)/ 936-648-3162 (mobile) [email protected]

-----Original Message----From: Huerter, Rodney Sent: Wednesday, May 02, 2007 10:03 AM To: [email protected] Subject: Asheville Dyeing & Finishing - NCO 070 619 663

Carl:

It was good speaking with you this morning. As we discussed, Kirk Pollard contacted me, wondering when I was going to call him re your Apr. 5, 2007 letter, in which you requested a

•

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groundwater assessment plan by May 30. However, I did not I have not receive(d) the letter • you sent (Kirk did fax me a copy of the letter he received). Based on that, I requested the deadline to be extended until Jun. 29, 2007. You indicated that would not be a problem, and

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asked me to send you a letter. Please advise if this e-mail will not suffice for the purposes of your request.

Rodney G. Huerter Director, Environmental Affairs Water Applications & Systems Corp. 14950 Heathrow Forest Pkwy, Ste. 200, Houston, TX 77032

281-985-5547 (office) 281-985-5595 (fax) 936-648-3162 (mobile) Rodney Huerter@yeoljawaterna com

Excellence is not an act - it is a habit. Aristotle

Confidentiality Notice: This e-mail and any attachments to it are intended only for the named recipients and may contain confidential information. If you are not one of the intended recipients, please do not duplicate or forward this e-mail message and immediately delete it from your computer. Your assistance in this matter is greatly appreciated and will help to ensure that our lawyers remain gruntled and at a distance, which is how we prefer to keep them. Thank you .

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Mr. Huerter Page2 December 21, 2007

SWMU 13 (Eight Inch Drain, aka "French Drain") The RCRA Facility Assessment (RF A) dated January 11, 2005, listed SWMU 13 (Eight Inch Drain) as needing confirmatory sampling. Specifically the RF A states: "based upon historic spills and available sample information, it is recommended that the facility sample the historic discharge area from the drain into Beetree Creek and areas along the location of the eight-inch drain pipe and associated path (i.e.; French drain)." The single soil sample proposed l.n the workplan to assess potential contamination from a drain pipe that is upwards of 1200 feet long will hopefully yield useful results, but W ASC should note that further sampling may be required. As stated in the April 5th Jetter, the Section is very interested in the construction and geometry of the drain pipe as well as the integrity of the pipe. Method 5035 is required as the collection and preparation method for the volatiles soil sample.

SWMU 14 (Old Dump Area, aka "Northrup Area") The RF A noted the need for an RFI for SWMU 14 and stated:· "there is reason to believe that this area contains wastes that continue to be a potential threat to the environment." The scope of work for this area as described in the workplan should be approp1iate for aii initial assessment. Based on the results further sampling may be required.

Percholorate is a compound of interest at rocket fuel and munitions sites and should be taken into consideration for SWMU 14. ·During the investigation of SWMU 14 analysis must be done for metals, volatiles, semi-volatiles and perchlorate.

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Environmental Indicators vs. "Environmental Indicators Survey'' • W ASC proposes to do an "Environmental Indicators Survey" by basically conducting a drinking water well survey. This should be useful information that cari be used for the Environmental Indicators (EI). In the April 5th letter, the Section requested that W ASC use the EI process, which requires completion of appropriate EI forms to access all potential pathways of contamination and potential human exposure. The "EIS'' as described in the "Assessment Workplan" does not reflect the entire scope of work that is required for an EI done in accordance with EPA guidance.

The Section hopes that this limited workplan will be a step forward in developing a holistic approach to addressing the contamination that W ASC is responsible for both onsite and offsite. Please contact the Section at least two weeks prior to any sampling activity so that if possible we may schedule a site visit and split samples. If you have any questions, at (919) 508-8567 or Mary Siedlecki at (919) 508-8568

Regards, /'f!T-L /

~ ~ t_____

Carl Utterback Project Manager

Attachment

cc: Kirk Pollard - Mineral Springs Environmental Spring Allen

95

.re:.·.·. Bud McCarty~"~ Bob Glaserfll> Mary Siedlecki •

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·Hazardous Waste· Section to WASCO

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Exhibit B-23 2008-08-18 - Internal Hazardous

Waste Section email re call with Rodney Huerter

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From: Sent:

To: Cc: Subject:

Dear Carl:

Siedlecki, Mary

Monday, August 18, 2008 1:55 PM

Utterback, Carl

Jackson, Vance; Lopp, Jenny; Cotton, Helen

Asheville Dying and Finishing

I got a call from Rodney Huerter this afternoon. He claims that the field work proposed in the work plan has been completed. I was surprised b/c the conditional approval specified that DENR was to be notified so that we could have a person onsite during sampling. You, me, and Harvi had all talked about possibly being present for the field work. Rodney says that Kirk is waiting for the analytical results and that the report will be here in 4 - 6 weeks. He balked when I tried to specify and actual date. We finally agreed on September 30th for submittal of the report.

Also, it appears that all the contact information for Rodney is incorrect.. He said he would email me updated contact information. · 1 expect the updated contact information today.

Finally, Part A is not correct. There is a new owner (which DENR was aware of and trying to deal with by contacting the attorney for the current owner). I requested an update on the status of the revised Part A. He said that the Part A has been completed. He said that the revised Part A would be submitted within 30 days. At this point, I believe that the only

•

changes are the new owner and updated contact information. I will check to see if this is a • Class 1 or Class 2 modification.

Thank you. Mary

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the Hazardous Waste Section, Rodney Huerter, and Kirk Pollard

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I From: To: Cc: Subject: Date:

K. Pollard Mjneral Springs Environmental Mary Siedlecki Huerter. Rodney Re: Asheville Dyeing and Finishing Revised Part A Friday, September 19, 2008 12:22:55 PM

1,

Hey Mary: I immediately sent the Part A to the new owners Dyna Diggr located in Swannanoa. I also I spoke with them last week and they were in the process of signing the Part A and would return to me. I · have not received the signed copy from them. I will try to reach them to get an update. Believe me we are trying hard to get this issue resolved. However, we are also working with folks who are facing this issue for the first time. I will forward the document on to you as soon as I receive from Dyna Diggr. Thanks Kirk

----- Original Message ----From: Macy Siedlecki To: Kirk Pollard Cc: Huerter. Rodney ; Yance Jackson ; [email protected] Sent: Friday, September 19, 2008 11:17 AM Subject: Asheville Dyeing and Finishing Revised Part A

Dear Kirk:

Rodney Huerter indicated in an email dated August 18, 2008, that the revised Part A for the above referenced facility would be submitted to our office "no later than the 30-day window we discussed" in a telephone conversation earlier that day. It is our understanding from Mr. Huerter that he has forwarded his components of the revised Part A to you and that you would finalize and submit the revised Part A to us

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no later than the end of the 30-day window, September 17, 2008.

The Hazardous Waste Section has not yet received the revised Part A l Please contact me at your earliest convenience to discuss the status of the revised Part A I can be reached at (919) 508-8568 or via email at [email protected].

Mary Siedlecki

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Exhibit B-25 2008-09-23 - Email from the Hazardous

Waste Section to Rodney Huerter

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From:

Sent:

To: Subject:

Siedlecki, Mary

Tuesday, September 23, 2008 11 :00 AM

Lopp, Jenny; Wilson, Larry [Fwd: Revised Part A]

FYI. We got the form, but it is not correct. Sorry.

-------- Original Message -------Subject:Revised Part A

Date:Tue, 23 Sep 2008 10:59:37 -0400 From:Mary Siedlecki <[email protected]>

To:Huerter,. Rodney <Rodney [email protected]> CC:Kirk Pollard <[email protected]>, Vance Jackson <[email protected]>

Dear Rodney:

Thank you for submitting the revised Part A for the Asheville Dyeing and Finishing Facility.

As you realize, the purpose of the Part A is to provide up-to-date site identification information that is reflective of current site conditions and use. In Section 1 O.A.1, the revised form indicates that the facility is a large quantity generator (LQG). Loren Lanter disagreed with the LQG designation. If 2,200 pounds per month of non-acute hazardous waste are not generated

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or stored at the site, Section 1 O.A.1 may be amended to reflect current use conditions. • Additionally, Section 10.A.3 is not checked. The presence of contaminated soil and groundwater at the site necessitate that 1 O.A.3. be checked affirmatively.

Finally, on page 6 of 6 there is a "Description of Hazardous Wastes" that references Item 1 OB. Exactly what the description of hazardous waste references is not clear and needs additional explanation.

Your attention to these details is appreciated. Mary

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Exhibit B-26 2010-03-22 - Email from the Hazardous Waste

Section to Rodney Huerter and Kirk Pollard

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From:

Sent: To: Cc:

Subject:

Dear Rodney:

Siedlecki, Mary </o=NCMAIL/ou=Exchange Administrative Group (FYDIBOHF23 SPDLT)/cn=Recipients/cn=mary. siedlecki>

Monday, March 22, 2010 11: 15 AM Huerter, Rodney <[email protected]>

Jackson, Vance <vance.j [email protected]>; Mccarty, Bud <[email protected]>; '[email protected]'; K. Pollard Mineral Springs Environmental <[email protected]>

Asheville Dyeing and Finishing Part B Permit Application

I spoke with your environmental consultant, Kirk Pollard, on February 15 and March 10, 2010. Mr. Pollard contacted me to discuss our request for a Part B permit application for the Asheville Dyeing and Finishing Facility located in Swannanoa, North Carolina.

Kirk and I agreed that a teleconference call between representatives for Asheville Dyeing and Finishing and the Hazardous Waste Section was warranted to further discuss the permit application and answer any questions you might have. It is my understanding from Kirk that you are interested in a face-to-face meeting with the Hazardous Waste Section. We welcome the opportunity to meet with you to discuss this issue. It would help me if you could provide multiple dates for the meeting to take place as I will need to coordinate the schedules of multiple parties.

-I also wanted to remind you that the Part B permit application must be submitted within six (6) months of receipt of the initial January 6, 2010, notification letter. This means that the Part B permit application is due no later than July 6, 2010. Extensions on the due date are not granted by the Hazardous Waste Section. Late submission of the permit application may result in substantial penalties. As I noted in a letter dated February 1 O, 201 O, I am

•

concerned that ff you delay preparation of the Part B permit application until our future-scheduled meeting, you • and your contractor may not be able to complete the application prior to July 6, 2010, and may incur penalties.

If I can provide you with any additional information, please do not hestiate to contact me at (919) 508-8568 or via email. Thank you.

Mary Siedlecki NC Division of Waste Management Hazardous Waste Section (919) 508-8568

Please note that my new email address has been changed to [email protected]

E-mail correspondence to and from this sender may be subject to the North Carolina Public Records Law and may be disclosed to third parties.

105

• WASC0009449

- Doc. Ex. 167 -

C1-193

•

•

•


Kirk Pollard, the Hazardous Waste Section, and Rodney Huerter

106,

- Doc. Ex. 168 -

C1-194

From: Sent:

Siedlecki, Mary <[email protected]>

Tuesday, June 1, 2010 12:06 PM

To: K. Pollard Mineral Springs Environmental <[email protected]>; Mary Siedlecki <[email protected]>

Cc: Huerter, Rodney <[email protected]>; Jackson, Vance <vance.j [email protected]>

Subject: RE: Extesion Request For Workplan

I did have a nice weekend. I hope you did as well. Of course, a 15 day extension is fine. Best regards, Mary

From: K. Pollard Mineral Springs Environmental [mailto:[email protected]] Sent: Tuesday, June 01, 2010 12:06 PM To: Mary Siedlecki Cc: Huerter, Rodney Subject: Extesion Request For Workplan

_ ... _, --

Mary I hope you had a good weekend. We are requesting a 15 day extension to submit the workplan designed to sample the surface water bodies adjacent to the AD&F facility. Thanks for the cooperation. Kirk

107

•

•

• WASC0009398

- Doc. Ex. 169 -

C1-195

•

•

•


the Hazardous Waste Section, Rodney Huerter, and Kirk Pollard

108

- Doc. Ex. 170 -

C1-196

From: Sent:

Huerter, Rodney <[email protected]>

Monday, June 28, 2010 1:00 PM

To: Siedlecki, Mary <[email protected]>; K. Pollard Mineral Springs Environmental <[email protected]>

Cc: Jackson, Vance <[email protected]>

Subject: RE: ADF Surface Water and Groundwater Sampling Work Plan

Thanks. Have a safe and enjoyable 4th of July!

Rodney G. Huerter, Esq. 832-300-5719 (office) 713-672-8209 (fax) 936-648-3162 (mobile)

[email protected]

From: Siedlecki, Mary [mailto:[email protected]] Sent: Monday, June 28, 2010 11:58 AM To: Huerter, Rodney; K. Pollard Mineral Springs Environmental Cc: Jackson, Vance Subject: ADF Surface Water and Groundwater Sampling Work Plan

Dear Rodney:

Thank you for submitting the above referenced work plan for the Asheville Dyeing and Finishing facility located

in Swannanoa, North Carolina. I am scheduled to review this document this week and should have comments back to you no later than July 9, 2010.

Sincerely,

Mary Siedlecki Hazardous Waste Facility 919-508-8568

109

•

•

• WASC0010119

- Doc. Ex. 171 -

C1-197

•

•

•

Exhibit B-29 2010-07-06- Letter from the


110

- Doc. Ex. 172 -

C1-198

- Doc. Ex. 173 -

C1-199

•

•

•

Exhibit B-30 2010-07-15 to 2010-07-16 - Email

chain between Kirk Pollard, the Hazardous Waste Section, and Rodney Huerter

112

- Doc. Ex. 174 -

C1-200

From:

Sent: To: Cc: Subject:

Thank you.

Siedlecki, Mary </o=NCMAIL/ou=Exchange Administrative Group (FYDIBOHF23 SPDLT)/cn=Recipients/cn=mary .siedlecki>

Friday, July 16, 2010 8:22 AM K. Pollard Mineral Springs Environmental <[email protected]>


RE: AD&F Recreational Pond Sampling

From: K. Pollard Mineral Springs Environmental [mailto:[email protected]] Sent: Thursday, July 15, 2010 11:00 AM To: Siedlecki, Mary Cc: Huerter, Rodney Subject: AD&F Recreational Pond Sampling

Mary: We are in receipt of your July 6, 201 O correspondence which indicates the prposed sampling meets the objective of evaluating surface water quality in the vicinity of the facility. The letter further request additional information on the depth of the samples to be collected at the Charles Owen Recreational Ponds.

Our approach is to first sound the ponds for depth at the selected sampling locations. At this point we are not sure how deep the ponds are. The sampling device will then be lowered to a point approximately one foot from the bottom of the pond and the sample will be collected.

If you should have any other questions please contact us at 919-740-0339.

113

•

•

• WASC0009435

- Doc. Ex. 175 -

C1-201

•

•

•

Exhibit B-31 2011-01-31 to2011-02-01-Email

chain between Kirk Pollard, the Hazardous Waste Section, and Rodney Huerter

114

- Doc. Ex. 176 -

C1-202

From: Sent:

To:

Cc: Subject:

K. Pollard Mineral Springs Environmental <[email protected]>

Tuesday, February 1, 2011 8:52 AM

Siedlecki, Mary <[email protected]>; Huerter, Rodney <[email protected]>

Jackson, Vance <[email protected]>

Re: Ashville Dyeing and Finishing Project Status Update

Mary please find below a status update for the AD&F site.

Post Closure Care semi annual sampling was conducted in January and July. Surface water samples were collected from Bee Tree Creek, two Owens Ponds and the Swananoa River. In summary no compounds were detected at concentrations above the laboratory practical quanitation limit. A report is currently under internal review and will be issued soon. In addition groundwater samples were obtained from MW-18s and 18d. No voes were detected.

Vountary groundwater remediation activities consisting of two air sparge/vacuum extraction systems are ongoing. Additional voluntary groundwater sampling was performed to document the groundwater quality across the site. Currently a report is being prepared which documents these sampling events and is forth coming.

----- Original Message ----From: Siedlecki. Marv To: Huerter. Rodney ; Kirk B. Pollard ([email protected]) Cc: Jackson. Vance Sent: Monday, January 31, 2011 2:46 PM Subject: Ashville Dyeing and Finishing Project Status Update

Dear Rodney:

I hope this new year finds you and your family in good health.

I realize that the issue surrounding the Hazardous Waste Management Permit is still pending, however, I need to update my project status report for Asheville Dyeing and Finishing. Could you, or your environmental consultant, please provide me with a brief update of work completed during 2010.

Thank you, Mary Siedlecki

115

•

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• WASC0009960

- Doc. Ex. 177 -

C1-203

•

•

•



116

- Doc. Ex. 178 -

C1-204

- Doc. Ex. 179 -

C1-205

-·

•

Mr. Huerter Page 2 March 7, 2011

the Swannanoa River. Therefore, collection .of the water well sample is not warranted at this time.

The Environmental Indicator Determination will be re-evaluated in Spring 2011. If you have any questions or comments, please do not hesitate to contact me at (919) 508-8568 or via email at [email protected].

Sincerely, ,

~;/~· Ma( Si~lecki Hazardous Waste Section ·

cc: Kirk Pollard - Minerals Springs

re: v.ance Jackson - Hazardous Waste Section Unit Superviso'f/-

C:\mel\ms\correspondence re sampling results march 1, 2011

118

- Doc. Ex. 180 -

C1-206



119

•

•

•

- Doc. Ex. 181 -

C1-207

- Doc. Ex. 182 -

C1-208



121

•

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•

- Doc. Ex. 183 -

C1-209

- Doc. Ex. 184 -

C1-210

Mr. Rueter Page2 February 6, 2012

Constituent . : ~- ·.:·: ;

'.-

Benzene Benzene Benzene

Naphthalene Stvrene

. ..

-----·-··· ···- ·-------

Measured Concentration 15ANCAC2L Monitoring Well_ {u!!/L) ··.· .. Standard ( 11!!/U . < ...

4.52 1 MW-6s 1,630 1 MW-6i

. 1.30 1 MW-13s 34.5 6 MW-6i 182 70 MW-6i

The following constituents were also measured in groundwater, although measured concentrations did not exceed their respective 15A NCAC 2L Groundwater Standards: chloroform, methylene chloride, toluene, ethyl benzene, xylenes, and acetone. Several of these constituents are characteristic of a petroleum hydrocarbon source and appear to represent a new, undefined contaminant source. at the facility.

It is my recommendation that we schedule a teleconference call for February 2012 to discuss this new, undefined release and actions to address the newly reported constituents. I will contact you no later than February 17, 2012, to schedule a call. ·

WASCO LLC and their consultants should also acquaint themselves with the information required by the HWS for ground water monitoring reports. This includes plausible, defensible interpretation of the reported data and recommendations for future work atthe facility. Guidance for the necessary content is available at the following web link: htt;p://portal.ncdenr.org/web/wm/hw/technical/guidance.

If you have comments, please do not hesitate to contact me at 919-707-8208.

Sincerely,

~~--~ . M~Sie~ecki

HazardousWaste Section

cc:

\re:

Spring Allen - Inspector, Hazardous Waste Section Kirk Pollard - Mineral Springs

Bud Mccarty- Branch Head, Hazardous Waste Section ir/l ~ Vance.Jackson- Unit Supervisor~ Hazardous Waste Section Pf .

ADF-Denr Response July 2011 GWMR

123

•

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•

- Doc. Ex. 185 -

C1-211

•

•

•



124

- Doc. Ex. 186 -

C1-212

- Doc. Ex. 187 -

C1-213

•

•

•

Mr. Huerter Page2 April 10, 2013

Neither report presented conclusions regarding the effectiveness of the remediation system. Similarly, neither report presented any discussion regarding .contaminant distribution ih the subsurface. It was noted that the highest concentrations of constituents of concern were measured in MW:.Ss, MW-Hi, MW-13s, and OW-2i, which are located downgradfent of the regulated unit.

Newly Identified Constituents of Concern

Review of the July 2011 Semi-Annual Post-Closure Groundwater Monitoring Repoff indicted the presence of constitl1ents of concern not previously measured in groundwater at the facility, Including benzene, toluene, ethyl benzene, xylenes, naphthalene, styrene, chloroform, methylene chloride, and acetone. The most impacted monitoring wells included MW-6s, MW-6i, and MW-13L Several of these constituents are characteristic of a petroleum hydrocarbon source and it was thought that a new, undefined contaminant source may be present at the facility {DENR correspondence dated February 6, 2012).

The analytical reports contained in the January 2012 Semi-Annual Post-Closure Care Groundwater Monitoring Report and the July 2012 Semi-Annu13/ Post-Closure Care Groundwater Monitoring Repqrt were reviewed by the Section to determine if the constituents of concern discovered during the July 2011 sampling episode were still present at the facility. None of the newly-identified constituents of concern were measured at concentrations exceeding the laboratory quantification limit, thus negating discovery of a new, undefined contaminant source at the facility. Continued review of the data is warranted to verify this information.

Conclusion

Although samples were collected and analyzed from eleven remediation effectiveness wells, no conclusions were drawn regarding the effectiveness of the remediat.ion system based on the data. Furthermore, there is no interpretation of monitoring data in terms of lateral or vertical extent of contamination. This type of interpretation would not have been possible using data collected from the four routinely monitored, post-closure wells; however, the additional wells provide a greater base ofdata for data interpretation. It is recommended that an addendum be drafted that discusses the effectiveness of the groundwaterremediation system and provides an assessment of contaminant distribution.

The addendum is due no later than May 1, 2013 ... If you have any questions or comments, please do not hesitate to contactme at 919-707-8208 qr via email at [email protected]. ·

Sincerely,

&~' ~Siedlecki Hazardous Waste Section Project Manager

ec: Loren Lanter - Dyna Diggr Bud McCarty- Hazardous Waste Section Branch Head Spring Allen - Hazardous Waste Section Inspector Kirk Pollard - Mineral Springs Environmental

126

- Doc. Ex. 188 -

C1-214



127

•

•

•

- Doc. Ex. 189 -

C1-215

- Doc. Ex. 190 -

C1-216

Exhibit B-37. 2013-06-10- Letter from the


129

•

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•

- Doc. Ex. 191 -

C1-217

- Doc. Ex. 192 -

C1-218

•

••

Resl!ondent's Exhibit C Communications concerning

Dyna-Jl.iggr LLC

131

- Doc. Ex. 193 -

C1-219

Exhibit C-1 2008-03-05 - Letter from Howard Grubbs


132

•

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•

- Doc. Ex. 194 -

C1-220

•

•

--------------------------------·-··- -··--· ..

WOMBLE

CARIYLE. SANDRIDGE

&RICE A PROFESSIONAL LIMITED

LIABILITY COMPANY

Mr. Bud McCarty

SSO South Main Street, Suite 400 Greenville, SC 29601

Mailing Address: Post Office Box I 0208 Greenville, SC 29603~0208 Telephone: (864} 255-5400 Fax: (8.64} 255-5440 Web site: www.wcsr.com

March 5, 2008

North Carolina Department of Environment and Natural Resources

. Division of Waste Management 1646 Mail Service Center Raleigh, NC 27699-1656

R. Howard Grubbs Direct Dial: (864) 255-5413 Direct Fax: (864) 255-5493 E-mail: [email protected]

.· ~·· ...... . : .. :' .

RE: Former Asheville Dyeing and Finishing (AD&F Site) Swannanoa, NC, 800 Warren Wilson College Rd., Swannanoa, NC 28778 EPA ID No. NCD070619663

Dear Mr. McCarty:

Thank you for your voicemail of March 4, 2008 regarding the above-captioned facility .. Anvil Knitwear, Inc. sold the above-referenced facility to Dyna-Diggr LLC on December 20, 2007 .. The

.r current sit~ operator of the existing unit is still Water Applications & Systems Corporation, however, the current legal owner is, as mentioned, now Dyna-Diggr LLC. We understand that there are two forms which should be submitted by the new owner (pages 1-3 in the 2007 Hazardous Waste Report [Form 8700-13A/B] and pages 1-6 (Form 8700-23]). As noted in your voicemail, these form should be submitted by the new owner, Dyna-Diggr LLC. We have provided this information to the new owner's counsel and have also alerted the operator's representative, Kirk Pollard of Mineral Springs Environmental, P.C.

Again, my thanks to both you and Jenny Loop for pr~viding the required information.

RHG:scc Enclosures

cc: Caterina Conti, Esq. Lindsay Smith, Esq .

·'

Mr. Steve Pegg (via electronic mail)

Very truly yours,

. WOMBLE CARLYLE SANDRIDGE & RICE imited Liability Company

GEORGIA I SOUTH CAROLINA I NORTH CAROLINA I VIRGINIA I WASHINGTON D.C. I DELAWARE

WCSR 3854012vl · 133

- Doc. Ex. 195 -

C1-221

•

Exhibit C-2 2010-04-27 -Part A Permit Application

.,

• 134

- Doc. Ex. 196 -

C1-222

SEND COMPLETED r United States Environmental Protection Agency 8'\\ FORM TO: . ·~··

·The Appropriate State or EPA RCRA SUBTITLE C SITE IDENTIFICATION FORM (2009) ~ ~'5):t,;2})

Regional Office ~~-~~~'/

1. Reason for Reason for Submittal: Submittal

D To provide an Initial Notification (first time submitting site identification information I to obtain an EPA ID

MARK ALL BOX(ES) number for this location)

THAT APPLY .0 To provide Subsequent Notificalion of Regulated Waste Activity (to update site identification information).

D As a component of a First RCRA Hazardous Waste Part A Permit Application.

D As a component of a Revised RCRA Hazardous Waste Part A Permit Application (Amendment# ___ ) .

.0 As a component of .the Hazardous Waste Rej:lo1i. (If marked, see sub-bullet below)

0 Site was a TSD facility and/or generator of >1,000 kg of hazardous waste, >1 kg of acute hazardous waste,

or >100 kg of acute hazardous waste spill cleanup in one or more months of the report year (or State on11i\/:::ifPnt I r.in rAni ll::itinn~ \

2. Site EPA ID Number EPA ID Number: NCD070619663

3. Site Name Name: OLD ASHEVILLE DYE AND FINISHING LOCATION

.

4. Site Location Street Adress: 850 WARREN WILSON ROAD Information City, Town, or Village: SWANNANOA County: Buncombe

State: NC Country us Zip Code: .28778

5. Site Land Type 5! Private D County D District D Federal D Indian D Municipal D State D Other

6. NAICS Code(s) for 33271

the Site A. B. c. 0.

7. Site Mailing Street or P. 0. Box: PO BOX 9855 Address City, Town, or Village: ASHEVILLE

State: NC Country: us Zip Code: 288159855

8. Site Contact First Name: DONALD Ml: G Last Name: LEE

Person SAFETY DIRECTOR Title:

Street or P. 0. Box: PO BOX 9855

City, Town, o.r Village: ASHEVILLE


Email: [email protected]

Phone: 8282981510 Ext: 4310 Fax: 828-298-8871

9. Operator and Legal A. Name of Site's Owner: LOREN K LANTER Date Became Owner: 12/01/2007

Owner of the Site 5! Private 0 County D District D Federal D Indian 0 Municipal D State 0 Other Type:

Street or P. 0. Box: PO BOX 9855

City, Town, or Village: ASHEVILLE Phone 8282981510


B. Name of Site's Operator: LOREN K LANTER Date Became Operator: 12/01/2007

·Type: 5! Private D County D District D Federal D Indian D Municipal D State D Other

EPA Form 8700-12, 8700-13 NB, 8700-23 (Revised 06/2009), Submit Date: 04/27/2010 Page 1 of 4

135

- Doc. Ex. 197 -

C1-223

EPA ID Number: NCD070619663

10 .. Type of Regulated Waste Activity

Mark "Yes" or ''.No" for all current activities (as of the date submitting the form); complete any additional boxes as instructed.

A. Hazardous Waste Activities; Complete all parts 1-7.

YO NIX! 1. Generator of Hazardous Waste

If Yes, choose only one of the following· a, b, or c.

D a. LQG:

D b.SQG:.

Generates, in any calendar month, 1,000

kg/mo (2,200 lbs.Imo.) or more of

hazardous Waste; or Generates, in any calendar month, or accumul;;ites at any

time, more than 1 kg/mo (2.2 lbs.Imo) of

acute hazardous waste; or Generates, in

any calendar month, or accumulates at any lime, more than 100 kg/mo (220 lbs.Imo) of

100 to 1,000 kg/mo (22p - 2,200 lbs.Imo.)

of non-acute hazardous waste; or

D c. CESQG: Less than 100 kg/mo (220 lbs.Imo.) of non-acute hazardous waste

If "Yes" above, indicate other generator activities.

YO Nijj d Short-Term Generator (generate from a short-term or

onetime event and not from on-going processes). If

"Yes", provide an explanation in the Comments

YD N5'l e. United States Importer of Hazardous Waste

YO Nrxl f. Mixed Waste (hazardous and radioactive) Generator

B. Universal Waste Activities; Complete all parts 1-2.·

YO N[)(j

YfJ NLX!

1. Large Quantity Handler of Universal Waste (accumulate 5,000 kg or more) [refer to your State

regulations to determine what is regulated]. Indicate

types of universal waste managed at your site. If "Yes", mark all boxes that apply:

a. Batteries D

b. Pesticides D

c. Mercury containing equipment 0

d. Lamps D

e. Other (specify) D

f. other (specify) D

g. Other (specify) D

2. Destination Facility for Universal Waste

Note: A hazardous waste permit may be required for this

YL.l N[XI 2. Transporter of Hazardous Waste

If Yes, mark all that apply.

D a. Transporter

D b. Transfer Facility (at your site)'

Y!):J ND 3. Treater, Storer, or Disposer of Hazardous

Waste (at your site)

Note: A hazardous waste permit is required for this activity.

YO N5iJ 4. Recycler ()f Hazardous Waste (at your site)

YD NIX! 5. Exempt Boiler and/or Industrial Furnace If Yes, mark each that applies.

D a. Small Quantity On-site Burner Exemption

D b. Smelting, Metting, and Refining Furnace

Exemption

YO NIX! 6. Underground Injection Control

YD N!Xl 7. Receives Hazardous Waste from Off-site

C. Used Oil Activities; Complete all parts 1-4.

YO NIX!

YD NlXI

1. Used Oil Transpor{er

If Yes, mark eachthat applies.

D a. Transporter

0 b. Transfer Facility

2. Used Oil Processor and/Or Re-refiner

If Yes, mark each that applies.

D a. Processor

D b. Re-refiner

YD Nijj 3. Off-Specification Used Oil Burner

YD Nl)(J 4. Used Oil Fuel Marketer


D a. Marketer Who Directs Shipment of

Off-Specification Used Oil to Off-Specification I lc::Pti nil Rt 1rnc.r

D b. Marketer Who First l::;laims the Used Oil Meets the Specifications

EPA Form 8700-12, 8700-13 A/B, 8700-23 (Revised 06/2009), Submit Date: 04/27/2010 Page 2 of 4

136

- Doc. Ex. 198 -

C1-224

.PA ID Number: NCD070619663

\,

' '

0. Eligible Academic Entities with Laboratories-Notification for opting into or withdrawing from managing laboratory hazardous wastes

pursuant to 40 CFR Part 252 Subpart K

You musl check with your State to determine if you are eligible to manage laboratory hazardous wastes pursuant to 40 CFR Part 262

Subpart K

0 1. Opting into or currently operating u.nder 40 CFR Part 262 Subpart K for the management of hazardous wastes in laboratories

See th.e item-by-item instructions for definitions of types of eligible academic entities. Mark alf that apply:

[] a. College or University

0 b. Teaching Hospital that is owned by or has a formal written affiliation agreement with a college or university

0 c. Non-profit Institute that is owned by or has a formal written affiliation agreement with a college or university

·D 2. Withdrawing from 40 CFR Part 262 Subpart K for the management of hazardous wastes in laboratories

11. Description of Hazardous Wastes

A. Waste Codes for Federally Regulated Hazardous Wastes.

Please Ji st .the waste codes of the Federal hazardous wastes handled at your site. List them in the order they are presented in the

regulations (e.g., 0001, 0003, F007, U112}. Use an additional page if more spaces are needed.

0040

B. Waste Codes for State-Regulated (i.e., non-Federal) Hazardous Wastes.

Please list the waste codes of lhe State-regulated hazardous wastes handled at your site. List them in the order they are presented in the regulations. Use an additional page if more spaces are needed for waste codes.

EPA Form 8700-12, 8700-13 A/B, 8700-23 (Revised 06/2009), Submit Date: 04/27/2010

137

Page 3 of 4

- Doc. Ex. 199 -

C1-225


12. Notification of Hazardous Secondary Material (HSM) Activity

YO NLXI Are you notifying under 40 CFR 260.42 that you will begin managing, are managing, or will stop managing hazardous secondary material under 40 CFR 261.2(a)(2)(ii), 40-CFR 261.4(a)(23), (24), or (25)? ·

If 'Yes", you must fill out the Addendum to the Site Identification Form: Notification for Managing Hazardous Secondary Material.

13. Comments . -

-· .•

14. Certification

I certify under penalty of law that this document and all attachments were P.'.epared under my direction or supervision in accordance with a

system designed lo assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the. person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for

submitting false information, including lhe possibility of fine and imprisonment for knowing violations.

Signature of Operator, Owner, or an Name and Official Title (type or print) . Date Signed Authorized Representative {mm/dd/yyyy)

DONALD G. LEE, SAFETY DIRECTOR 04/27/2010

EPA Form 8700-12, 8700-13 NB, 8700-23 (Revised 06/2009), Submit Date: 04/27/2010 Page 4 of 4

138

- Doc. Ex. 200 -

C1-226

•

Exhibit C-3 2011-01-18 -Part A Permit Application

•

• 139

- Doc. Ex. 201 -

C1-227

SEND COMPLETED FORM TO:

The Appropriate State or EPA ·

Regional Office

1. Reason for

Submittal

MARK ALL BOX(ES) THAT APPLY

2. Site EPA ID Number

3. Site Name

4. Site Location ·information

5. Site Land Type

6. NAICS Code(s) for

the Site

7. Site Mailing

Address

8. Site Contact

Person

9. Operator and Legal

Owner of the Site

United States Environmental Protection Agency

RCRA SUBTITLE C SITE IDENTIFICATION FORM (2011)

Reason for Submittal:

!!:J To provide an Initial Notification (first time submitting site identification information I to obtain an EPA fD

number for this location)

ii To provide Subsequent Notification of Regulated Waste Activity (to update site identification information).

0 As a component of a First RCRA Hazardous Waste Part A Permit Application;

S As a compo.nent of a Revised RCRA Hazardous Waste Part A Permit Application (Amendment# __ _,

Q As a component of the Hazardous Waste Report. (If mari<ed, see sub-bullet below)

t:l Site was a TSO facility and/or generator of >1,000 kg of hazardous ~ste, >1 kg of acute hazardous waste,

or >100 kg of acute hazardous waste spill cleanup in one.or more months of the report year (or State

equivalent·LQG regulations) :


Name: OLD ASHEVILLE DYE AND FINISHING LOCATION

StreetAdress: 850 WARREN WILSON ROAD

City, Town, or Village: SWANNANOA

State: NC. Country US

County:

Zip Code:

NC021

28778

UQ Private 0 County tJ District CJ Federal 0 Indian :Q Municipal :G] State · [l Other

A. 33271

Street or P. 0. Box:

City, Town, or VIiiage:

State: NC

B.

PO BOX 9855

ASHEVILLE

Country:

First Name: DONALD

Title: SAFETY DIRECTOR


City, Town, or VIiiage:

PO BOX 9855

ASHEVILLE

c.

us

Ml: G

State: NC Country: US

Email : [email protected]

Phone: 8282981510 Ext: 4310

D.

Zip Code: 288159855

·Last Name: LEE

Zip Code: 288159855

Fax: 828-298-8811

A. Name of Site's Owner: LOREN K LANTER Date Became. 12/01/2007 Owner:

. Type: Gij Private 0 County 0 District 0 Federal 0 Indian i(j Municipal 0 State Cl Other

Street or P.O. Box:

City, Town, or Village:

State: NC

PO BOX 9855

ASHEVILLE

Country: US

B. Name of Site's Operator: LOREN K LANTER

Phone

Zip Code: 288159855

·Date Became Operator: 12/0112007-

Type: Gil Private Cl County CJ District, Cl Federal a Indian ru Municipal ID State. Cl Other

EPA Form 8700-12, 8700-13 A/B, 8700-23 (Revised 09/2011), Submit Date: 01/18/2012 Page 1 of4

140

- Doc. Ex. 202 -

C1-228

A ID Number: NCD070619663

10. Type ·of Regulated Waste Activity

Mark "Yes" or "No" for all current activities (as of ihe date submitting the form); complete any addltlonal boxes as instructed.

A .. Hazardous Waste Activities; C0mplete all parts 1-7.

'YOJ1lljl 1. Generator of Hazardous Waste

If Yes, choose only one of the following - a, b, or c •

. 0 a. LQG: Generates,·in any calendar month, 1,000

kg/mo (2,200 lbs.Imo.} or more of hazardous waste; or Generates, in any calendar month, or

accumulates at any time, more than 1 ·kg/mo

(2.2 lbs.Imo} of acute hazardous waste; or

. Generates, in any calendar month, or

accumulates at any time, more than 100 kg/mo

(220 lbs.Imo} of acute hazardous spill cleanup

0 b. SQG:. 100 to 1,000 kg/mo (220 - 2,200 lbs.Imo:}


0 c. CESQG: Less than 100 kg/mo (220 lbs.Imo.} of

non-acute hazardous waste

If "Yes" above, indicate other generator activities.

YOJ:4.6'& d Short-Term Generator (generate from a short-term or onetime event and not from on-going processes}. If

"Yes",.provide an explanation in the Comments

YO:Nijj e. United States Importer ·of Hazardous Wa$te

YQ:N.l(jj f. Mixed Waste (hazardous and radioactive) Generator

B. Universal Waste Activities; Complete ail parts 1-2.

YtJ:NIXJ 1. Large Quantity Handler of Universal Waste (accumulate 5,000 kg or more) [refer to your State

regulations to determine what Is regulated]. Indicate types of universal waste managed at your site. If "Yes", mark all boxes that apply:

a.Batteries

b. Pesticides

c. Mercury containing equipment

d. Lamps

e. Other (specify}·

f. Other (specify}

g. Other (specify)

l'Ch ... ij(j 2. Destination Facility for Universal Waste

Note: A hazardous waste permit may be required for this

Y(lNlxl 2. Transporter of Hazardous Waste

If Yes, mark all that apply.

0 a. Transporter

(J b. Transfer Facility (at your site}

Y!Xl;NO 3. Treater, Storer, or Disposer of Hazardous

Waste (at your site)

Note: A hazardous waste permit is required for this

activity.

:Y!DiJjlG(J 4. Recycler of Hazardous.Waste (at your site)

YO:~Ga: 5. Exempt Boller and/or Industrial Furnace

If Yes, mark each that applles.

a a. Small Quantity On-site Burner Exemption

0 b. Smelting, Melting, and Refining Furnace

Exemption

"IO:NIXJ 6. Underground Injection Control

YPNIXI 7. Receives Hazardous Waste from Off-site

C. Used Oil Activities; Complete all parts 1-4.

YO NIXJ 1. Used Oil Transporter


Cl. a. Transporter


2; Used Oil Processor and/or Re-refiner


:Q a. Processor

iG b. Re-refiner

Y(J. Nij(j 3. Off-Specification Used Oil Burner

YCHilJXi. 4. Used Oil Fuel Marketer

If Yes, mark each that applles.

0 a. Marketer VVho Directs Shipment of Off-Specification Used Oil to Off-Specification

Used Oil Burner

Q b. Marketer VVho First Claims the Used Oil Meets

the Specifications

EPA Form 8700-12, 8700-13 NB, 8700-23 (Revised 09/2011), Submit Date: 01/18/2012 Page 2 of4

141

- Doc. Ex. 203 -

C1-229

~.


D. Eligible Academic Entities with laboratories-Notification for opting into or withdrawing from managing laboratory hazardous wastes pursuant to 40 CFR Part 262 Subpart K

You must check with your State to determine if you are eligible to manage laboratory hazardous wastes pursuant to 40 CFR Part 262 Subpart K

0 .1. Opting into or currently operating under 40 CFR Part 262 Subpart K for the management of hazardous wastes in laboratories

See the item-by-item instructions for definitions of types of eligible academic entitles. Mark all that apply:

0 a. College or University

0 b. Teaching Hospital that is owned by or has a formal written affiliation agreement with a college or university ·

0 c. Non-profit Institute that is owned by or has a formal written affiliation agreement with a college or university

0 2. Withdrawing from 40 CFR Part 262 Subpart K for the management of hazardous wastes in laboratories

11. Description of Hazardous Wastes

A. Waste Codes for Federally Regulated Hazardous Wastes.

Please list the waste codes.of the Federal hazardous wastes handled at your site. List them in the order they are presented in the . regulations (e.g., 0001, 0003, F007, U112). Use an additional page if more spaces are needed.

F001

B. Waste Codes for State-Regulated O.e., non-Federal) Hazardous Wastes.

Please list the waste codes of the State-regulated hazardous wastes handled at your site. List them in the order they are presented in

the regulations. Use an additional page if more spaces are needed for waste .codes.

EPA Form 8700-12, 8700-13 A/B, 8700-23 (Revised 09/2011), Submit Date: 01/18/2012

142

Page 3of4

- Doc. Ex. 204 -

C1-230

"•

iA ID Number: NCD070619663

12. Notification of Hazardous Secondary Material (HSM) Activity

YuxNGQ Are you notifying under 40 CFR 260.42 that you will begin managing, are managing, or will stop managing hazardous secondary

material under 40 CFR 261.2(a)(2}(ii); 40 CFR 261.4(a)(23), (24), or (25)?

If "Yes'', you must fill out the Addendum to the Site Identification Form: Notification for Managing Hazardous Secondary Material.

13. Comments -

~,,J_ c.J~ c~

14. Certification

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a

system designed to assure that qualified personnel property gather and evaluate the information submitted. Based on my inquiry of the

person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for

submitting false information, induding the possibility of fine and imprisonment for knowing violations.

Signature of Operator, Owner, or an Name and Offlclal Title (type or print) Date Signed

Autliorized Representative (mm/dd/yyyy)

DONALD G. LEE, SAFETY DIRECTOR 01118/2012

EPA Form 8700-:12, 8700-13 NB, 8700-23 (Revised 09/2011), Submit Date: 01/18/2012 Page 4of4

143

- Doc. Ex. 205 -

C1-231

Exhibit C-4 2013-03-20 to 2013-03-21 - Email Chain

between the Hazardous Waste Section and Dyna-Diggr with draft

Administrative Order on Consent

144

•

•

•

- Doc. Ex. 206 -

C1-232

•

•

From: Sent: To: Cc: Subject:

Attach:

Siedlecki, Mary <[email protected]>

Thursday, March 21, 2013 12:25 PM

Loren Lanter <[email protected]>

Mccarty, Bud <[email protected]>

RE: Former Asheville Dyeing and Finishing Facility, 850 Warren Wilson Road, Swannanoa, North Caorlina ADF Alternate Mechanism with Figures March 2013.pdf

It was a pleasure speaking with you. I hope I answered as many of your questions as possible.

Please review the attached draft document and we can arrange either a teleconference call or I would be happy to drive to Asheville to meet with you in person. I will call you in three weeks to see if you have any questions.

Mary

From: Loren Lanter [mailto:[email protected]] Sent: Thursday, March 21, 2013 11:58 AM To: Siedlecki, Mary Cc: Mccarty, Bud Subject: RE: Former Asheville Dyeing and Finishing Facility, 850 Warren Wilson Road, Swannanoa, North Caorlina

Hey Mary, Thanks for the info - give me a shout when you have a chance. I'm usually here until from 6:30 until

around 3:00 every day (coaching baseball thru mid May). We do have the property for sale. Maybe give me a call or shoot me an email with the details of which I should be aware regarding the "alternate mechanism" or "post closure permit".

See you later!

Loren Lanter Brisco Inc. www.briscoinc.com (828) 398 - 2160 direct (828) 298 - 151 O x4322 (828) 298 - 8871 fax (828) 242 - 2499 cell

From: Siedlecki, Mary [mailto:[email protected]] Sent: Wednesday, March 20, 2013 7:53 AM To: Loren K Lanter ([email protected]) Cc: Mccarty, Bud Subject: Former Asheville Dyeing and Finishing Facility, 850 Warren Wilson Road, Swannanoa, North Caorlina

Good morning, Mr. Lanter:

I wanted to provide you with a project status update. As you may recall from conversations with Bud McCarty, the Hazardous Waste Section is drafting an Alternate Mechanism in lieu of a Post-Closure Permit for the above

• referenced facility. Because you are a property owner, you will be included on the Alternate Mechanism as a

145 WASC0000295

- Doc. Ex. 207 -

C1-233

responsible party. We heard recently that you have listed the property for sale and I wanted to follow up on that information. Could you please call me at 919-707-8208 or email me. Thank you.

Mary Siedlecki Facility Management Branch Hazardous Waste Section 919-707-8208

217 West Jones St. Raleigh, NC 27603

Email correspondence to and from this sender may be subject to North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation.

146-

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• WASC0000296

- Doc. Ex. 208 -

C1-234

•

•

•

])Jli\F''t------------------------------------])llt\.F'l'-----------------~---------------------])llt\.F'l'


Division of Waste Management

Re: Old Asheville Dyeing and Finishing Company 850 Warren Wilson Road Swannanoa, North Carolina 28778 EPA ID: NCD 070 619 663

Owner/Operator: Dyna Diggr 251 Buckeye Cove Road Swannanoa, North Carolina 28778

147

) ) ) ) ) ) ) ) )

Administrative Order in Lieu of Post-Closure Permit

Docket Number (get from Kelly)

WASC0000297

- Doc. Ex. 209 -

C1-235

])~F''f--------------------------------------])~F''f---------------------------------------])~F''f Old Asheville Dyeing and Finishing Company AOC

ADMINISTRATIVE ORDER IN LIEU OF POST-CLOSURE PERMIT • TABLE OF CONTENTS

Section Page Number I. Statement of Purpose 3

II. Jurisdiction 4

Ill. Stipulations of Fact 5

IV. Conclusions of Law and Determinations 12

V. Scope of Wor1< 14

VI. Data Quality Assurance and Quality Control 21

VII. Property Access and Sampling Access 22

VIII. Data Collection/Document Availability/Reporting Requirements 23

IX. Inspection and Training Requirements 25

X. Cost Estimate, Financial Assurance, and Adjustments 26

27 • 28

XI. Public Participation

XII. Delay in Performance

XIII. Dispute Resolution 29

XIV. Satisfaction of Order 30

XV. Change of Ownership or Operational Control 31

XVI. Decisions/Notifications 32

XVII. Notice of Non-Liability of State . , 33

XVIII. Reservation of Rights 34

XIX. Other Claims 35

XX. Indemnification of State 36

XXI. Additional Provisions 37

Attachments

Schedule of Compliance 39

Figures 41

2 • ad! alternate mechanism march 2013

148 WASC0000298

- Doc. Ex. 210 -

C1-236

•

•

•

])Jlc\.F''f--------------------------------------lllli\F"I'---------------------------------------llllc\.F''f Old Asheville Dyeing and Finishing Company AOC

North Carolina Department of Environment and Natural Resources Division of Waste Management

Administrative Order in Lieu of Post-Closure Permit

Dyna Diggr and the North Carolina Department of Environment and Natural Resources, Division of Waste Management (the Division), acting through its Hazardous Waste Section (the Section) (collectively the Parties) enter into this Administrative Order in Lieu of Post-Closure Permit (Order) for the Old Asheville Dyeing and Finishing Company (ADF) identified and further described herein.

I. Statement of Purpose

A. This Order concerns the application to the Facility of the North Carolina Solid Waste Management Act (the Act) contained in Chapter 130A of the North Carolina General Statutes and the rules promulgated thereunder and codified in Subchapter 13A of Title 15A of the North Carolina Administrative Code (the State Hazardous Waste Rules), and the federal Resource Conservation Recovery Act (RCRA), 42 U.S.C. 6901 et seq., to the Facility. The purpose of this Order is to provide an enforceable Order in lieu of a post-closure permit, including corrective actions· to be taken, for the facility located at 850 Warren Wilson Road in Swannanoa, North Carolina (the Facility), in a manner that is consistent with State and federal laws and rules.

B. The Parties stipulate that the objectives for completion of the work required by this Order are: (1) to identify all releases of hazardous waste, hazardous constituents, and petroleum constituents; (2) to remove imminent threats to human health and the environment through source removal or treatment; (3) to characterize the Facility's geologic and hydrogeologic conditions and determine the extent of contamination; (4) to perform corrective action at the Facility, and beyond the Facility boundaries as necessary, to include, at a minimum, establishing remediation goals for the Facility and conducting remediation to meet those goals; (5) to implement and maintain a comprehensive monitoring program until remediation is complete; (6) to provide opportunities for public participation; and (7) to provide financial assurance for assessment and remediation.

C.

D .

This document constitutes an Order of the Secretary of the Department of Environment and Natural Resources for the purposes of N.C.G.S. § 130A-18(a).

Therefore, to further the public interest the Parties enter into this Order.

3 adf alternate mechanism march 2013

149 WASC0000299

- Doc. Ex. 211 -

C1-237

])~F''f--------------------------------------])~F"I'---------------------------------------])~F''f Old Asheville Dyeing and Finishing Company AOC

II. Jurisdiction

A. The Division has authority pursuant to N.C.G.S. § 130-290, et seq., to require corrective action by owners and operators with respect to facilities at which hazardous wastes were generated and treatment, storage, or disposal has occurred.

B. Although this Order requires corrective action mandated by 40 CFR 264.101 and 265.121, incorporated by reference in 15A NCAC 13A .0109(g) and .011 O(g), Dyna Diggr stipulates to issuance of this Order without a hearing and to compliance with the terms of the Order. Dyna Diggr further stipulates that it will not contest the Section's jurisdiction to issue the Order, to require compliance with the Order, to compel compliance with the Order in any subsequent enforcement proceeding, either administrative or judicial, or to impose sanctions for any violation of the Order.


150

•

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• WASC0000300

- Doc. Ex. 212 -

C1-238

J)Ili\F''f--------------------------------------l}Ili\F''f---------------------------------------l}JlJ\F''f Old Asheville Dyeing and Finishing Company AOC

• Ill. Stipulations of Fact

•

•

A. Authority of the Hazardous Waste Section

1. The United States Environmental Protection Agency (EPA) has authorized North Carolina to operate the State RCRA Hazardous Waste Program in accordance with the Act and the Rules.

2. The North Carolina Department of Environment and Natural Resources (the Department or DENR) is authorized and required to enforce the laws and rules governing the management of solid waste, including hazardous waste. The Secretary has delegated this authority and responsibility to the Director of the Division. The Director has issued a sub-delegation of this authority and responsibility to the Chief of the Hazardous Waste Section, Elizabeth W. Cannon.

B. Old Asheville Dyeing and Finishing Company

1. The site was originally operated from approximately 1952 until 1962 by Amcel Propulsions, Inc (Amcel). Amcel sold the property to Celanese Corporation of America (Celanese) during March 1962. Celanese, in turn, sold the property to Northrup Carolina, Inc. (Northrup). Northrup reportedly used the property as a manufacturing facility for pyrotechnics during the 1960's and early 1970's.

2. Northrop Carolina did not utilize the. entire site and much of the property remained undeveloped land and field. The property upon which the Old ADF facility is located was sold to M. Lowenstein & Sons, Inc. (Lowenstein) in 1971.

3. Lowenstein, which held a controlling interest in Wamsutta Mills, operated a textile manufacturing operation at the facility until March 3, 1976, when it sold the property to Winston Mills, Inc. (Winston Mills). At some point after the March 1976 sale, ADF was acquired by Winston Mills, which in turn, was acquired by McGregor Corporation (McGregor). McGregor sold the assets of Winston Mills to Anvil Knitwear, Inc. (Anvil), on December 29, 1994. Anvil operated at the facility as a textiles dyeing and finishing operation. Anvil sold the property to Dyna Diggr in December 2007.

4. The facility has been shut down and is currently inactive.

C. Facility Information (PhysicaQ

1.

2.

3.

adf alternate mechanism march 2013

The facility is located at 850 Warren Wilson Road, Swannanoa, in Buncombe County, North Carolina. The facility is comprised of approximately 65 acres including a 205,000-square foot manufacturing building, which is currently vacant. The facility property is partially surrounded by a chain-link fence topped with barbed wire. Access to the property is gained by a security gate that accesses the back of the facility operations.

The facility is bounded on the south by Warren Wilson Road; across the Road to the south are new residential housing and the Carben LLC property (formerly the Charles D. Owen Manufacturing (Owen) property); on the west by Old Bee Tree Creek Road (State Road .2418); on the north by the Chemtronics Superfund site; and on the east by Bee Tree Creek.

The facility is located within the Blue Ridge Physiographic Province of western North Carolina. The region is characterized by varied topography ranging from moderately broad valleys adjoining subdued hills to highly dissected rugged mountains. Elevations range from less than 1,500 feet to more than 5,900 feet above mean sea level.

5

151 WASC0000301

- Doc. Ex. 213 -

C1-239

J)Ilt\F''f--------------------------------------J)Ilt\F''f---------------------------------------J)Ilt\F"I'

D.

4.

Old Asheville Dyeing and Finishing Company AOC

The region is underlain by a variety of metamorphic rocks. The dominant rock types include meta-graywacke and muscovite-biotite schist. Bedrock in the Bee Tree Creek valley located adjacent to the facility is characterized as a garnet mica schist. Drainage is controlled by tributaries that drain into the Tennessee River Basin.

5. The facility is located in a relatively broad stream valley at an elevation of approximately 2,200 feet above mean sea level. Surface drainage from the site is to the southeast toward Bee Tree Creek and the Swannanoa River. Bee Tree Creek is located approximately 1,000 feet east of the facility and the Swannanoa River is located approximately 1,900 feet south of the facility.

6. Geology at the facility consists of approximately 30-45 feet of saprolite overlying a zone of highly weathered rock. The weathered rock unit ranges in thickness from 10 to 25 feet, and has been observed to thin in offsite borings. Fractured mica schist bedrock underlies the weathered rock unit. The mica schist extends to depths of at least 600 feet below land surface.

7. Groundwater underlying the facility is typical of aquifer systems within the Blue Ridge Physiographic Province. Groundwater occurs under unconfined conditions in the saprolite and in the underlying weathered bedrock/fractured unit. There is no confining unit between the two aquifers.

8. Groundwater flow in the surficial aquifer is south/southeast toward the Swannanoa River. Groundwater movement in the bedrock aquifer occurs primarily along joints, fractures, and cleavage planes. Perchloroethylene (PCE) contamination was documented in groundwater collected from both hydrogeologic units.

Facility Information (Operation/Waste Generation and Disposal)

1. During the 1970s, ADF operated a double knit textile manufacturing process at the facility. There were several direct and indirect waste streams. The primary waste streams were categorized into four separate areas: knitting room, residual dye waste water, wastewater treatment system, and trash receptacles. Chemicals used included detergents, surfactants, bleach, and peroxide enzyme.

2. As part of the manufacturing process, a solution of PCE was used for dry cleaning purposes. The virgin PCE was stored in a 4,000-gallon capacity underground storage tank (UST). A second 2,000-gallon capacity UST was also used at the facility to store the waste (or spent) PCE.

3. ADF discontinued the PCE dry cleaning process on March 23, 1985.

E. Regulatory Information

1. On April 5 and 6, 1984, the U.S. Environmental Protection Agency collected water samples from two of four production wells located on the former Charles D. Owen Manufacturing (Owen) property. Owen is located south of the ADF facility across Warren Wilson Road. Analytical results indicated that one of the two wells sampled was contaminated with trans-1,2-dichloroethene (29 micrograms per liter (ug/L)), 1,2-dichloropropane (9 ug/L), trichloroethylene (36 ug/L), and PCE (950 ug/L).

2. A fifth Owen production well was installed after the April 1984 sampling event. All five of the Owen production wells were sampled by the North Carolina Department of Environmental Management (NC DEM) on January 8, 1985. Trans-1,2-dichloroethene and trichloroethylene were detected in water collected from three of the five production


152

•

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• WASC0000302

- Doc. Ex. 214 -

C1-240

•

•

•

J)~F''f--------------------------------------l}~F''f---------------------------------------l}~F"I'

3.

4.

5.

6.

7.

8.

9.

10.



wells. PCE was detected in four of the five production wells. PCE concentrations ranged from 350 ug/L to 5,800 ug/L. The increase in PCE as a function of time suggested that pumping the five productions wells was creating a cone of depression that was drawing contamination downward.

The source of the contamination in the Owen production wells was attributed to a PCE spill that occurred within the ADF manufacturing building in 1976. The spill reportedly consisted of 50 gallons of 10-percent PCE solution and 200 gallons of essentially 1 OD-percent PCE. The spilled solvent entered floor drains and discharged to an eightinch french drain pipe designed to dewater the building foundation. The french drain pipe discharged to Bee Tree Creek, approximately 1,000 feet east of the plant building. It was reported that most of the spilled solvent infiltrated into the ground prior to discharging to Bee Tree Creek.

On March 23, 1985, ADF discontinued the dry cleaning process, shipped all wastes off site, and excavated both the virgin storage and waste storage USTs. One soil sample was collected from the base of each of the UST excavations on March 26, 1985. 1, 1,2-Trichloroethylene (TCE) was measured at 730 milligrams per kilogram (mg/kg) in soils collected from the base of the waste UST and at 110 mg/kg in soils collected from the base of the virgin UST. The excavation was backfilled and contaminated soils and associated piping were left in place.

On June 2 and 3 of 1988, the NC DEM issued Notices of Noncompliance to ADF. The June 2 Notice cited the discharge from the french drain as being a discharge to a stream without a permit. The June 3 Notice cited the presence of PCE in the french drain and the nearby Owen production wells as a violation of North Carolina groundwater quality standards (15A NCAC 2L Groundwater Quality Standards) .

ADF initiated soil and groundwater assessment activities in 1988. Nineteen shallow and deep groundwater monitoring wells were installed to assess the potential impact to groundwater associated with multiple potential sources at the facility.· Potential sources included: former virgin PCE UST, former waste PCE UST, PCE spill, and other possible source~ located hydraulically upgradient of the USTs and manufacturing building.

ADF entered into an Administrative Order on Consent (Docket #89-249) on August 29, 1990, to bring the Site into compliance with North Carolina Hazardous Waste Management Rules. The August 1990 Order documented the actions taken and to be taken as a consequence of the potential releases from the waste UST and the PCE spill that reportedly occurred in 1976.

Closure activities in response to the AOC were initiated on October 13, 1992. Closure activities included excavation of the former waste tank pit and removal of associated piping. Three soils samples were collected from the base of the piping-trench segments. PCE was detected in all three soil samples at concentrations of 59 ug/kg, 62 ug/kg, and 25 ug/kg. PCE was also measured in soil samples collected from the waste tank excavation at concentrations of 54 ug/kg and 490,000 ug/kg. Measured PCE levels exceed the North Carolina Soil Screening Level of 5 ug/kg.

The former waste UST was certified as closed on December 11, 1992. The unit was closed as a landfill with waste in place. Closure was accepted by the NC DEHNR on March 10, 1993.

Dyna Diggr purchased the property in December 2007. Dyna Diggr is currently maintaining a regulated disposal unit (former 2,000-gallon capacity waste UST) under 40

7

153 WASC0000303

- Doc. Ex. 215 -

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])llJ\F''f--------------------------------------])lli\F''f---------------------------------------])lli\F''f Old Asheville Dyeing and Finishing Company AOC

CFR 264.117, adopted by reference in 15A NCAC 13A .0109, post-closure provisions. • These provisions require groundwater monitoring and regular inspections of the cap overlying the former UST.

F. Summary of Recent Regulatory Action

1. A visual inspection of the Site was conducted on June 2, 2004, by the US. Environmental Protection Agency Region 4 and the NC DENR Hazardous Waste Section. As a result of this inspection, a RCRA Facility Assessment (RFA) was completed. Twenty-three solid waste management units (SWMUs) and one area of concern (AOC) were identified during the RFA. Of the 23 SWMUs, five were recommended for either confinnatory sampling or completion of a RCRA Facility Investigation (RFI). The remaining 18 SWMUs were recommended for no further action. No recommendation was made for the AOC.

2.


The SWMUs recommended for confinnatory sampling included:

SWMU7 SWMU8 SWMU9 SWMU 13

Secondary Containment for Tote Farm Secondary Containment for Dye Mixing Room Interior Floor Drains/Trench Drains Eight-Inch Drain.

The SWMU recommended for a RCRA Facility Investigation included:

SWMU 14 Northrup Dump Area.

The Parties' current understanding of the geology and hydrogeology of the Facility is based upon the following documents:

Aquaterra, Inc., 1992a, Amended Ground Water Sampling and Analysis Plan. Asheville Dyeing and Finishing, June 30, 1992.

Aquaterra, Inc., 1992b, Post-Closure Groundwater Water Sampling and Analysis Plan, Ashville Dyeing and Finishing, September 2, 1992.

Aquaterra, Inc., 1992c, Modification to Post-Closure Plan, Asheville Dyeing and Finishing, October 27, 1992.

Aquaterra, Inc., 1992b, Phase Ill Ground Water Assessment Work Plan, Asheville Dyeing and Finishing, August 3, 1992.

Aquaterra, Inc., 1992c, Closure Certification, Asheville Dyeing and Finishing, December 11, 1992.

Aquaterra, Inc., 1993a, Phase Ill Ground Water Assessment Report, Asheville Dyeing and Finishing, January 6, 1993.

Aquaterra, Inc., 1993b, Phase VI Ground Water Assessment Report, Asheville Dyeing and Finishing, April 28, .1993.

Aquaterra, Inc., 1993, Phase V Ground Water Assessment Report, Asheville Dyeing and Finishing, November 5, 1993.

Aquaterra, Inc., 1994, Phase VI Ground Water Assessment Report, Asheville Dyeing and Finishing, December 16, 1994.

8

154

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• WASC0000304

- Doc. Ex. 216 -

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•

J)Jli\F''f--------------------------------------J)Jli\F''f---------------------------------------J)Jli\F''f



Aquaterra, Inc., 1997, Phase VIII Ground Water Assessment Report, Asheville Dyeing and Finishing, June 2, 1997.

Boaz Allen Hamilton, 2005, RCRA Facility Assessment Report, Asheville Dyeing and Finishing Company/Anvil Knitwear, prepared for the U.S. Environmental Protection Agency, January 11, 2005.

Mineral Springs Environmental, P.C., 2006, January 2006 Quarterly Effectiveness Monitoring Report, Former Asheville Dyeing and Finishing Facility, May 16, 2006.

Mineral Springs Environmental, P.C., 2008a, October 2007 Quarterly Effectiveness Monitoring Report, Former Asheville Dyeing and Finishing, February 20, 2008.

Mineral Springs Environmental, P.C., 2008b, July 2008 Semi-Annual Post-Closure Groundwater Monitoring Report, Former Asheville Dyeing and Finishing Facility, August 26, 2008.

Mineral Springs Environmental, P.C., 2008c, Assessment Report, Former Asheville Dyeing and Finishing Facility, October 31, 2008.

Mineral Springs Environmental, P.C., 2011, July 2010 Semi-Annual Post-Closure Care Groundwater Monitoring Report, Former Asheville Dyeing and Finishing Facility, January 10, 2011.

Mineral Springs Environmental, P.C., 2011, Surface Water Sampling Report, Former Asheville Dyeing and Finishing Facility, February 8, 2011 .

NC DEM, 1985, Memorandum from Don Link, Regional Hydrologist, to Lee Laymon, Assistant Chief, Preliminary Summary, Groundwater Contamination, Charles D. Owen Manufacturing Company, North Carolina Division of Environmental Management, February 7, 1985.

NC DHR, 1986, Site Investigation Report, Asheville Dyeing and Finishing, April 3, 1986 (Superfund File).

NC DENR, 2005, Guidelines for Establishing Remediation Goals at RCRA Hazardous Waste Sites, North Carolina Department of Environmental and Natural Resources, Revised May 2005.

NC DHR, 1985, Memorandum from J.E. Patterson, waste Management Specialist, to Mr. Biff Meyer, Solid & Hazardous Waste Management, Removal of Underground Hazardous Waste Storage Tank and Underground Raw Material Tank, North Carolina Department of Human Resources, April 4, 1985.

Roy F. Weston, Inc., 1992, Groundwater Assessment Report, Asheville Dyeing and Finishing, April 1992.

Westinghouse Environmental Services, 1989, Phase ff Hydrogeologica/ Assessment, Asheville Dyeing and Finishing Company, January 1989.

Westinghouse Environmental and Geotechnical Services, Inc., 1990, First Quarter, 1990, Quarterly G;ound Water Assessment Report, April 1990 .

9

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J)Jli\F''f-----------:.~-~~~------~--------------J)Jli\F''f---------------------------------------J)Jli\F"I' Old Asheville Dyeing and Finishing Company AOC

3.


Based on the reports referenced in Paragraph 111.F.2. above and all other record information related to the Facility, the Parties concur that potential pathways of concern include (a) ground water to surface water, (b) ground water to indoor air, and (c) groundwater to potable wells.

The following actions have been taken to address the potential contaminant pathways in and around the site. These actions are documented in the reports referenced in Paragraph 111.F.2.

Ground Water to Surface Water

Groundwater assessment activities indicate that PCE contamination in groundwater extends from the source(s) of origin to the "approximate location of the recreational ponds located at the Charles D. Owen Recreational Park. The Charles D. Owen Recreational Park is located next to the Swannanoa River in Swannanoa, North Carolina.

The discharge point for contaminated groundwater may be either the two recreational ponds at the Charles D. Owen Recreational Park and/or the Swannanoa River. An additional source of contamination to the surface water bodies in this area may be Bee Tree Creek. Bee Tree Creek is partially diverted to provide an influx of water into the recreational ponds. Water from the ponds is in tum discharged to the Swannanoa River. If surface water within Bee Tree Creek has been adversely impacted due to releases from the ADF facility, it is possible that surface water quality in the ponds and Swannanoa River may also be adversely impacted.

NC DENR requested that surface water sampling be conducted in order to evaluate the potential risk posed to human health as a result of surface water exposures. Four surface water samples were collected from the Charles D. Owen Recreational Ponds;

•

three samples were collected from the Swannanoa River; and one sample was collected • from Bee Tree Creek near the french drain discharge point. The samples were collected on September 20, 2010, at a depth of approximately one foot above the bottom of each surface water body. Analyzed constituents were not detected at or above the method detection limit in the surface water samples.

Ground Water to Indoor Air

Air monitoring data are not available for the interior of the manufacturing building, which is currently vacant. However, a soil vapor extraction/air sparge system was designed and installed in May 2001 to prevent the infiltration of vapors into the ADF manufacturing building. This system remains in operation.

Ground Water to Potable Wells

The most likely route of exposure for residents to groundwater contamination is via private water wells that draw from a contaminated aquifer. A water well survey was performed in 2008 to evaluate the potential for human exposure to contaminated groundwater.

A large percentage of the surrounding properties obtain their drinking water from the City of Asheville's municipal water supply. The facility and adjacent properties to the north, east, and west are connected to the City's water supply. The Owen manufacturing facility and Charles D. Owen Recreational Park are also connected to the City water supply. In addition, properties along Warren Wilson Road have access to the City water supply and appear to be connected. Two water wells were identified west of the facility. These wells

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are reportedly used for irrigation purposes only. Furthermore, these two wells are situated cross gradient from the groundwater contaminant plume.

Although it is likely that the groundwater contaminant plume discharges to the Swannanoa River, the potential risk to residents located across the Swannanoa River from the facility was evaluated. Eight drinking water wells were identified on the south side of the Swannanoa River. Although most of these wells are located greater than 1,000 feet from the Swannanoa River; one well was identified at a residence located directly across the River from the Owen plant. It was recommended by NC DENR that a water well sample be collected from that residence.

Since that recommendation was made in December 2009, it was concluded that groundwater and surface water analytical results indicate that the groundwater contaminant plume does not extend beyond the Swannanoa River. Therefore, collection of the potable water well sample was not warranted .

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IV. Conclusions of Law and Determinations

Based upon the foregoing stipulations of fact and all other information available on the effective date of this Order, the Section concludes and determines that:

A. Definitions

1. "Hazardous wastes" shall mean those hazardous wastes defined in N.C.G.S. § 130A-290(a)(8) and 40 CFR Part 261, adopted by reference in 15A NCAC 13A .0106(a) through .0106(e).

2. "Hazardous constituents" shall mean those constituents listed in Appendix VIII to 40 CFR Part 261, adopted by reference in 15A NCAC 13A .0106(e), or any constituent identified in Appendix IX to 40 CFR Part 264, adopted by reference in 15A NCAC 13A .0109(a), or under N.C.G.S. 130A-294.

3. "Landfill" shall have the meaning given in N.C.G.S. 130A-290(a)(16).

4. The term "Facility" shall have the meaning given in 40 CFR 260.10, adopted by reference in 15A NCAC .0102(b).

5. The terms "disposal" and "treatment" shall have the meanings given in N.C.G.S. 130A-290(a)(6) and (a)(42), respectively.

5. The term "facility boundary" as used in this Order is the furthermost extent of the property owned and used by Dyna Diggr.

7.

8.

The term "Active Portion" shall have the meaning given in 40 CFR 260.10, adopted by reference in 15A NCAC .0102(b).

The term "Corrective Action" shall mean all activities, including activities conducted beyond the facility boundary, that are proposed or implemented to facilitate assessment, monitoring, and active or passive remediation of releases of hazardous waste or hazardous constituents to soil, groundwater, surface water, or the atmosphere associated with Hazardous Waste Management Units (HWMUs), Solid Waste Management Units (SWMUs), and/or Areas of Concern (AOCs) located at the facility.

B. Status of Dyna Diggr

1. Dyna Diggr is a person as defined in N.C.G.S. 130A-290(a)(22).

2. Dyna Diggr is an owner /operator as defined in N.C.G.S. 130A-290(a)(21).

C. Application of RCRA Standards

1. Pursuant to 40 CFR Part 261, Appendix VII, adopted by reference in 15A NCAC 13A .0106(e), waste PCE is a listed hazardous waste assigned the EPA waste code of F001.

2. In accordance with 40 CFR 265.197, adopted by reference in 15A NCAC 13A .01100), at closure of a tank system, if the owner or operator demonstrates that not all contaminated soils can be practicably removed or decontaminated the tank system is then "considered to be a landfill" and the owner or operator must close the tank system and perform post-closure care in accordance with closure and post-closure care requirements at 40 CFR 265.310 that apply to landfills.


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3.


A "landfill" is also a "land disposal facility;" therefore the owner and operator are subject to all the requirements for landfills set out in 40 CFR Part 265, Subparts G and H, adopted by reference in 15A NCAC 13A .011 O(g) and (h). It is the determination of the Division of Waste Management that ADF has disposed of hazardous waste and is a landfill subject to all applicable requirements of 40 CFR Part 262, adopted by reference in 15A NCAC 13A .0107, 40 CFR Part 265, adopted by reference in 15A NCAC 13A .0110, and 40 CFR Part 270, adopted by reference in 15A NCAC 13A .0113.

4. Additionally, 40 CFR 270.1 (c), adopted by reference in 15A NCAC 13A .0113(a), requires that owners and operators of landfills that certify closure after January 26, 1983 must have post-closure permits, unless they demonstrate closure by removal (i.e., "clean closure"). Based on the foregoing and pursuant to 40 CFR 270.1 (c), adopted by reference in 15A NCAC 13A .0113(a), Dyna Diggr as the owner/operator is required to have a post-closure permit for the Facility or be bound by the requirements of this Order.

D. Integration of Order

1. Dyna Diggr agrees to complete all of the activities required in the Post-Closure Plan (dated October 27, 1992) and Sampling and Analysis Plan (dated December 2008). Unless specifically superseded by the terms of this Order, the requirements specified in the Post-Closure Plan, Sampling and Analysis Plan; and any current Division approved work orders remain in effect. With these specified, limited exceptions, this Order supersedes any other agreement, verbal or written, between the Parties that may have been entered into prior to the date of execution of this Order.

2. If any conflict exists between the specified methods of completing work pursuant to the documents referenced in Paragraph 111.F.2. and this Order, the terms of this Order shall control.

E. Acceptance of Previous Work

1. The Section acknowledges that some of the tasks that would normally be required by an order such as this have been completed. Dyna Diggr may utilize and rely on such information and data in meeting the requirements of this Order. Based on the Parties familiarity with the substantial work that has already been performed at the Facility, the Parties contemplate that such work will satisfy many of requirements of this Order.

2. All corrective action activities conducted to date will be recognized by the Section as appropriate, but not necessarily sufficient, in the development and implementation of any further activities under this Order.

F. Responsibility Issues

1.


Dyna Diggr accepts full responsibility for satisfactory completion of all required tasks and activities in accordance with the terms and conditions of this Order and accepts further direction of the Section to achieve satisfactory completion of the corrective action required by this Order .

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v. Old Asheville Dyeing and Finishing Company AOC

Scope of Work

A. Reserved.

B. Dyna Diggr shall complete the characterization activities, monitoring, and corrective action measures at the Facility as described herein. In conducting future Work, Dyna Diggr shall prepare appropriate work plans and reports for Section approval.

C. All actions required pursuant to this Order shall be in accordance with applicable local, state, and federal laws and regulations. Dyna Diggr shall undertake corrective action activities in accordance with the Act, the State Hazardous Waste Rules, and EPA and Department guidelines as appropriate and applicable at the time the Work is undertaken.

D. If documents submitted to the Section include any work that would constitute the practice of engineering as defined by N.C.G.S. Chapter 89C, the signature and seal of a professional engineer is required. If documents submitted include any work that would constitute the practice of geology as defined by N.C.G.S. Chapter 89E, the signature and seal of a licensed geologist is required. If any work is to be done on a well that would constitute well contractor activities as defined in N.C.G.S. Chapter 87, a certified well contractor shall be employed to perform the work.

E. Any standard, requirement, criteria, or limitation under an environmental law or facility siting law promulgated by North Carolina that is more stringent than any federal standard, requirement, criteria, or limitation with respect to any hazardous waste or constituent is applicable to the Work to be done at this Facility; e.g., the groundwater standards promulgated at title 15A North Carolina Administrative Code Subchapter 2L shall apply to releases at the Facility and beyond the Facility boundary.

F. Facility Site Conceptual Model (SCM)

1. In order to bring the Facility into compliance with 40 CFR 270.14(b)(11) and (19), the Facility must submit the following within thirty (30) calendar days of the effective date of this Order:

a. A topographic map showing a distance of 1,000 feet around the facility at a scale of one inch equal to not more 200 feet. Contours must be shown on the map. The contour interval must be sufficient to clearly show the pattern of surface water flow in the vicinity of each solid waste management unit at the facility; and

b. A property map showing the legal boundaries and locations of all structures.

2. The Section has approved the current Facility Site Conceptual Model. The information contained in the Site Conceptual Model serves as the foundation for current Facility characterization and remediation decision making; however, if an updated Site Conceptual Model is required it shall include, at a minimum, the following:

a. the geologic/hydrogeologic conditions at the Facility;

b. The groundwater flow path;

c. the sources, types, and distribution of contaminants and any breakdown products;

d. a holistic overview of the sources contamination, including known or potential pathways of migration, and known or potential receptors;


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e. the actual extent of migration beyond the Facility boundary;

f. possible environmental and human health risks.

The Site Conceptual Model(s) may include maps, cross-sections, flownets, narrative, data tables, groundwater flow models, contaminant transport models, and any other information needed to gain a full understanding of the Facility.

3. Dyna Diggr shall submit an updated Site Conceptual Model within ninety (90) calendar days following a written request from the Section. Dyna Diggr shall also submit a modified or updated Site Conceptual Model when either party determines there is a need for a new Site Conceptual Model. Submissions of updated Site Conceptual Models shall occur pursuant to this Paragraph until the Section determines (a) that corrective action at the facility is completed, or (b) that further updates of the Site Conceptual Model are no longer necessary. After review of the updated Site Conceptual Model, the Section shall notify Dyna Diggr in writing that the Site Conceptual Model has been approved qr that there are material deficiencies in the Site Conceptual Model. After receiving written notification from the Section of any material deficiencies in the Site Conceptual Model, Dyna Diggr shall submit to the Section, within a mutually-agreed-to time period, information or material sufficient to correct such deficiencies.

4. The Site Conceptual Model shall be an adaptable model of the Facility that is used to develop hypotheses regarding the location and movement of contamination at the Facility and the potential impacts that may occur to human health and the environment. Dyna Diggr shall use EPA and Division guidance documents appropriate and applicable at the time the work is undertaken in developing any updated Site Conceptual Model.

5 . Using the Site Conceptual Model as a guide, Dyna Diggr shall conduct such Facility investigations and assessments deemed necessary for the development and implementation of a Facility-wide corrective measures program. The Site Conceptual Model shall guide corrective actions taken pursuant to this Order.

6. Additional Facility investigations required by this Order may include further investigation and characterization of the sources, nature, extent, direction, rate, movement, and concentration of hazardous waste or hazardous constituents that have been or are likely to be released into the environment from the Facility, and the collection and analysis of relevant Facility hydrogeologic and chemical data.

G. Further Facility Characterization to be Performed

1.

2.


ADF has completed eight phases of groundwater investigation, beginning in 1988 and ending in 1997. Although a significant amount of work has been completed at the Facility, Dyna Diggr shall complete the investigation of the identified Solid Waste Management Units as defined by the RCRA RFA and any additional characterization activities required to select and design a final· remedy for the site. Solid Waste Management Units (SWMUs) requiring confirmatory sampling, include SWMU 7 (Secondary Containment for Tote Farm); SWMU 8 (Secondary Containment for Dye Mixing Room); SWMU 9 (Interior Floor Drains!french Drains); and SWMU 13 (Eight-Inch Drain). The RFA also recommended that a RCRA Facility Investigation be completed for SWMU 14 (Northrup Dump Area). Investigative work has been completed in the area of SWMU 14 and additional investigation is not required at this time.

If during the course of facility characterization, any additional groundwater contamination or unknown site conditions are discovered, Dyna Diggr must determine the nature and

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extent of the contamination within the aquifer.

3. To streamline and prioritize future characterization activities, Dyna Diggr shall submit Facility Characterization Work.plans outlining the activities that shall be undertaken to address the items in Paragraphs V.F-V.M of this Order. The Workplans shall include a schedule of implementation to illustrate how each of the activities come together to develop a remedial program for the facility.

H. Facility Characterization Work Plans/Progress Reports

1. Within sixty (60) calendar days of the effective date of this Order, Dyna Diggr shall submit a Facility Characterization Workplan as described above in V.G. The Workplan shall include a schedule of implementation. The schedule of implementation shall include the submission of semi-annual progress reports to the Section in accordance with Paragraph V.H.4.

2. The Section will either accept or provide comments on the proposed Facility Characterization Workplan. Within thirty (30) calendar days of receiving notice from the Section of any deficiency in the Facility Characterization Workplan, Dyna Diggr shall submit to the Section information or material sufficient to correct such deficiency. Dyna Diggr shall implement the workplan within thirty (30) calendar days of receiving concurrence from the Section.

3.

4.

If Dyna Diggr determines that additional work is required to complete the Facility characterization after the completion of the work outlined in the Work.plan, then Dyna Diggr shall perform those additional tasks according to a schedule mutually agreed upon by the Parties. Such work shall also conform to the requirements of this Order.

Dyna Diggr shall submit semi-annual reports on the progress of the Facility characterization. These reports may be submitted in conjunction with the required semiannual groundwater monitoring reports. These reports shall include:

a. A description of the portion of the Facility characterization completed; b. Summaries of findings; c. Summaries of any deviations from the approved Facility characterization

workplan(s) during the reporting period; d. Summaries of any significant contacts with local community public interest

groups or state government; e. Summaries of any problems or potential problems encountered during the

reporting period; f. Actions taken to rectify problems; g. Changes to relevant personnel; h. Projected work for the next reporting period; and i. Copies of laboratory/monitoring data including QA/QC data.

I. Facility Characterization Reports

1. Dyna Diggr shall prepare and submit Draft and Final Facility Characterization Reports for the investigations conducted pursuant to the workplans and the work performed as part of the Facility characterization. Dyna Diggr shall submit the Draft Facility Characterization Reports to the Section for review in accordance with the schedule in the approved Facility Characterization Workplan(s). Dyna Diggr shall submit the Final


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2.


Facility Characterization Report to the Section according to the schedule set out in the Section's comments on the Draft Facility Characterization Report. Any Draft or Final Facility Characterization Reports shall include an analysis and summary of all required investigations of the HWMU, SWMUs and AOCs and the investigation results. The summary shall describe the type and extent of contamination at the Facility, including sources and migration pathways and a description of actual or potential receptors. The Reports shall also describe the extent of contamination in relation to background levels indicative of the area.

The Section shall review the Final Facility Characterization Report and notify Dyna Diggr of the need for further investigative action and/or the need for a remediation program in accordance with 40 CFR 264.101, adopted by reference in 1 SA NCAC 13A .0109(g). Dyna Diggr shall prepare and implement any further investigative action required by the Section according to a schedule approved by the Section. Remediation shall be conducted using the procedures specified in this Order.

J. Facility-Wide Monitoring Program

1. Dyna Diggr shall continue to implement the existing program to monitor contamination in and around the Facility as described in the Sampling and Analysis Plan (dated December 2008), or shall implement an approved modified monitoring program, until such time as the Section determines remediation is complete. Any request to modify the existing monitoring program shall be made, approved, and implemented pursuant to Paragraphs V.J.3 through V.J.4.

2. Additional Facility characterization may require modifications to the existing monitoring program. If the Section determines the monitoring program or any aspect of the monitoring program is inadequate to monitor conditions at the Facility, then the Section shall notify Dyna Diggr in writing. Within thirty (30) calendar days of receiving written notification from the Section, Dyna Diggr shall develop and submit an amended monitoring program for the Facility.

3. If Dyna Diggr seeks to modify the existing monitoring program, then Dyna Diggr shall submit to the Section a written explanation of the proposed modification. The proposed modification shall include an updated Site Conceptual Model.

4. The Section will approve, disapprove, or provide comments on any proposed modification to the monitoring program. Within thirty (30) calendar days of receiving notice from the Section of any deficiency in a proposed modification to the monitoring program, Dyna Diggr shall submit to the Section information or material sufficient to correct such deficiency. Dyna Diggr shall implement the modified monitoring program within thirty (30) calendar days of receiving approval from the Section.

K. Interim Measures

1.


If, prior to implementation of a final remedy, the Section determines that there is a need to modify the existing interim remedial measures or to implement additional interim remedial measures, in order to minimize or prevent the further migration of contaminants and to limit human and environmental exposure to contaminants while long-term corrective action remedies are evaluated and implemented as necessary, then Dyna Diggr shall prepare an Interim Measures Workplan (IM Workplan) and take any other appropriate measures as authorized and directed by the Section .

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2.


The IM Work.plan shall ensure that the proposed interim measures are designed to mitigate any current or potential threat(s) to human health or the environment and to be consistent with and integrated into any long-term corrective measures program at the Facility. The IM Workplan shall include a discussion of: (a) the objectives of the interim measures program; (b) the required Facility procedures for the implementation of any modification to the existing interim remedial measure or additional interim measures (including any designs, plans, or specifications); and (c) the schedule for the implementation of the modification to or addition of interim measures.

3. The IM Work.plan shall be approved by the Section in writing prior to its implementation. If the Section disapproves the IM Work.plan, the Section shall either (a) notify Dyna Diggr in writing of the IM Workplan's deficiencies and specify a due date for the submission of a revised IM Workplan; (b) revise the IM Workplan and notify Dyna Diggr of the revisions and the start date of the schedule within the approved IM Work.plan; or (c) conditionally approve the IM Work.plan and notify Dyna Diggr of the conditions upon which interim measures shall be implemented. Dyna Diggr shall implement any required modification to or addition of interim measures in accordance with the Section's directions.

4. Dyna Diggr shall give notice to the Section as soon as possible of any proposed changes to the IM Work.plan. Such modifications shall be implemented only with the Section's approval and shall conform to the requirements of this Order.

5. If the time required for the completion of any modification to or addition of an interim measure is more than one (1) year, Dyna Diggr shall provide the Section with progress reports at intervals specified in the approved IM Workplan. The progress reports shall contain the following information at a minimum: (a) a description of the portion of the interim measures completed; (b) summaries of any deviations from the IM Work.plan during the reporting period; (c) summaries of any problems or potential problems encountered during the interim period; (d) projected work for the next reporting period; and (e) copies of all laboratory/monitoring data generated during the reporting period.

6. Dyna Diggr shall prepare and submit a Final Interim Measures Report (IM Report) to the Section within ninety (90) calendar days of the completion of any interim measure. The IM Report shall contain the following information at a minimum: (a) a description of the interim measures that were implemented; (b) summaries of the results of such interim measures; (c) summaries of any problems encountered; (d) summaries of the accomplishments and effectiveness of interim measures; and (e) copies of all relevant laboratory/monitoring data.

L. Remedial Strategy

1. Dyna Diggr shall at all times provide a remedial strategy that sets out a plan for developing and evaluating remedies for the impacted areas at the Facility and beyond the Facility boundary after considering: (a) the SCM; (b) contaminants of concern; (c) the nature and extent of contamination; (d) the rate of contaminant movement; (e) the amount of time required to remediate the Facility; (f) media and receptors impacted; and (g) other relevant information gathered during Facility characterization activities. The level of detail and specificity related to the remedial technologies being considered for the Facility shall increase as Dyna Diggr obtains additional Facility characterization data. Dyna Diggr shall submit a draft remedial strategy within sixty (60) calendar days following the execution of this Order.

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2.


Dyna Diggr shall update the remedial strategy upon written request from the Section and at any other time Dyna Diggr deems appropriate. Within thirty (30) calendar days of receiving written notice from the Section of any deficiency in a proposed remedial strategy, Dyna Diggr shall submit to the Section information or material sufficient to correct such deficiency. When the Section determines that a remedial strategy has been amended appropriately, then the Section shall notify Dyna Diggr in writing of its approval.

3. A remedial strategy shall at all times be consistent with appropriate and applicable EPA guidance. A remedial strategy shall be designed to meet the remedial goals for the Facility. The Section's remedial goals for the Facility include protection of all receptors as well as unrestricted use for the soil and ground water, as required by the standards in 15A NCAC Subchapter 2L. If Dyna Diggr determines that alternate cleanup levels would be protective of human health and the environment, then such alternate levels shall be submitted to the Section for evaluation after Facility characterization is complete.

4. The Section expects Dyna Diggr to consider and develop the remedial strategy in conjunction with the Facility characterization process; therefore, Dyna Diggr shall submit the final remedial strategy thirty (30) calendar days after the Section's determination that the Facility characterization described in Paragraphs V.F through V.I is complete. This final remedial strategy shall include the items described in Section V.M and should be the remediation program.

M. Remediation Program

1.

2.

3.

4.

5.


An interim remediation program is currently being implemented at the Facility. Specifically, an air sparge (AS)/soil vapor extraction (SVE) remediation system (RS-1) was designed and installed to address contamination associated with the former waste UST. The system became operational on February 5, 1998. A second AS/SVE system (RS-2) was installed north of RS-1 to address groundwater impacts associated with an unidentified source to the north of the former waste UST. Neither of these systems are designed to address off-site groundwater contamination.

Dyna Diggr shall submit the final remediation program based upon the Facility site conceptual model and the final remedial strategy. The final remediation program shall include a summary of remedial options considered, an implementation schedule, a method of evaluating the effectiveness of the remediation program, a method of determining when remediation is complete, and an estimate of the required duration of the remediation program to meet the remedial goals.

Thirty (30) calendar days after the Section's determination that the Facility characterization described in Paragraphs V.F through V.I is complete, Dyna Diggr shall submit to the Section a description of the remediation program designed to achieve the remedial goals. The description of the remediation program shall be based upon the information developed in the remedial strategy. The remediation program shall at all times be technically consistent with appropriate and applicable EPA and Division guidance on the development and use of remediation technologies.

Within thirty (30) calendar days of receiving the Section's concurrence on the proposed final remediation program, Dyna Diggr shall provide the Section with all information necessary for the Section to commence the public participation process as specified in Paragraphs Xl.A-Xl.B. Upon completion of the public participation process, the Section shall approve, approve with modification, or disapprove the remediation program.

Within sixty (60) calendar days after approval of the final remediation program, Dyna Diggr shall submit to the Section the specifications for the remediation program and shall

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begin implementation of the remediation program. The remediation shall not be deemed • complete pursuant to Paragraphs XIV.A. through XIV.C. of this Order until the remedial goals have been met.

6. If the approved final remedy for the Facility includes institutional controls or other land use restrictions, Dyna Diggr agrees and hereby binds all persons who, subsequent to the effective date of this Order, obtain any interest in the property to record such land use restrictions as shall be required by the Section. Any person who obtains an interest in any portion of the real property subject to this Order shall be given notice of this agreement, and the information contained in this Paragraph shall be included in the deed or other instrument creating rights in the real property, which document shall be promptly recorded in the Buncombe County Courthouse.

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• VI. Data Quality Assurance and Quality Control

•

•

A. Workplans shall contain quality assurance/quality control (QA/QC) and chain of custody procedures for all sampling, monitoring, and analytical activities. Dyna Diggr shall document in the applicable report any deviations from the QA/QC and chain of custody procedures in approved workplans, including reasons for the deviations.

B. To ensure that data of known and appropriate quality are obtained and are sufficient to support their intended use(s), Dyna Diggr shall submit workplans and reports to the Section that include data quality objectives for each collection activity .


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VII. Property Access and Sampling Access

A. Dyna Diggr shall assure that the Section and its representatives, including contractors, have access at all reasonable times to_ the Facility and to any other property where access is necessary to ensure performance of the activities required by this Order.

B. To assure access to property beyond the Facility boundary, Dyna Diggr shall use their best efforts to obtain access agreements and easements from current owners of property impacted by contamination from the Facility as required by the Act and the State Hazardous Waste Rules. The agreements shall be legally sufficient to run with the land ifthe property is sold; shall be recorded with the Buncombe County Register of Deeds office; and shall be indexed with the State of North Carolina as the Grantee.

C. In the event that the access agreements and easements required by Paragraph Vll.B cannot be obtained by Dyna Diggr's best efforts, Dyna Diggr shall notify the Section and provide documentation regarding its efforts to obtain such agreements. If necessary, the Section may exercise its legal authority to assist Dyna Diggr in obtaining access to properties beyond the Facility boundary.

D. The Section or its representatives may take split or duplicate samples of any samples collected by Dyna Diggr, or any authorized representative of Dyna Diggr, pursuant to this Order. Dyna Diggr or its authorized representatives shall notify the Section no less than ten (10) working days in advance of any field activities. Dyna Diggr may give verbal notification to the Section in this instance.

E. Dyna Diggr shall allow the Section or its representatives to enter the Facility at reasonable times, upon notice to Dyna Diggr, to review the progress of activities required by this Order, to conduct such tests as the Section deems necessary in connection with this Order, and to otherwise assess Dyna Diggr's compliance with this Order.

F. All persons with access to the Facility pursuant to this Order shall comply with Facility-specific health and safety plans and any applicable Facility security procedures.

G. Dyna Diggr shall comply with the security requirements specified in 40 CFR 264.14, incorporated by reference in 15A NCAC 13A .0109(c), and consequently prevent or minimize the unknown or unauthorized entry of people, pets, or livestock onto the active portions of the Facility.

H. Nothing in this Order shall limit any access rights the Section may have pursuant to law.

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• VIII. Data Collection/Document Availability/Reporting Requirements

•

•

A. Dyna Diggr shall, upon request, furnish the Section with copies of records required by this Order, including copies of daily reports, inspection reports, and laboratory/monitoring data.

B. All data, factual information, and documents submitted by Dyna Diggr pursuant to this Order shall be subject to public inspection. Dyna Diggr shall not assert any confidentiality or privilege claim concerning any data gathered during any investigations or other actions required by this Order, including any hydrogeological or chemical data, any data submitted in support of a remedial proposal, or any other scientific or engineering data especially as regards an interim or final remedy. Except as specifically prohibited by this paragraph, Dyna Diggr may assert a claim of confidentiality as to any process, method, technique, or any description thereof that Dyna Diggr claims constitutes proprietary or trade secret information developed by Dyna Diggr or developed by their contractor(s). Except as specifically prohibited by this paragraph, Dyna Diggr may assert business confidentiality claims, if applicable, at the time information is submitted for information provided in connection with this Order in accordance with 40 CFR 2.203(b), adopted by reference in 15A NCAC 13A .0104(c), Chapter 132 of the North Carolina General Statutes, N.C.G.S. 130A-304, or any other applicable State law. Any claim for confidentiality submitted pursuant to this paragraph shall be subject to North Carolina's confidentiality determination procedures and, if determined to be confidential, afforded protection by the Section as provided by North Carolina law.

C. Documents that are asserted to be attorney work product or subject to privilege under law shall not be subject to inspection or copying under this Order. Dyna Diggr shall provide the Section with (1) an identification of the date, title and subject matter of each document for which a privilege is asserted; and (2) an explanation as to why the privilege is applicable to the document or portions thereof. Notwithstanding the foregoing provision, the Section may seek disclosure of such documents through a court of competent jurisdiction .

D. Dyna Diggr shall notify the Section in writing as soon as possible, and no later than fifteen (15) working days after Dyna Diggr obtains knowledge, of any planned physical alterations or additions which may impact the HWMU, SWMUs, AOCs, or areas contaminated by releases from these units.

E.

F.

G.

Dyna Diggr shall report to the Section any situations that may endanger human health or the environment. These reports shall be communicated orally within 24 hours and submitted in writing within five (5) working days of when Dyna Diggr becomes aware that the situation exists. Depending upon the circumstances, the Section may waive the five-day requirement and allow- Dyna Diggr to submit the written report within fifteen (15) working days.

Dyna Diggr shall submit a biennial report to the Section by March 1 of each even numbered year as required by 40 CFR 264.75, incorporated by reference in 15A NCAC 13A .0109(f). The biennial report shall be submitted on EPA form 8700-13 A/B. The report shall cover activities required by this Order during the previous calendar year. The certification submitted with the biennial report shall be signed by an authorized corporate officer of Dyna Diggr.

Dyna Diggr shall preserve, for at least three (3) years after the termination of this Order, all records and documents in their possession or in the possession of their divisions, employees, agents, accountants, contractors, or attorneys that relate in any way to this Order. For any hazardous waste generated, Dyna Diggr shall retain a copy of all notices, certifications, demonstrations, waste analysis data, and other documentation for at least five (5) years from the date the last waste was treated, stored, or disposed (either at the Facility or beyond the Facility) or until the Section determines corrective action is completed, whichever date is later .


169 WASC0000319

- Doc. Ex. 231 -

C1-257

])llt\F'1'--------------------------------------])llt\F'1'---------------------------------------])llt\F"I' Old Asheville Dyeing and Finishing Company AOC

H. Notification and data collection/assessment requirements for newly identified SWMUs and AOCs. •

1. Dyna Diggr shall notify the Section in writing, within fifteen (15) calendar days of discovery, of any newly identified SWMU or AOC. The notification shall include, at a minimum, the location of the SWMU or AOC and all available information pertaining to the nature of the release (e.g., media affected, hazardous constituents released, magnitude of release).

2. Dyna Diggr shall prepare and submit to the Section, within ninety (90) calendar days of notification, a SWMU Assessment Report (SAR) for each newly identified SWMU or AOC. At· a minimum, the SAR shall provide the following information:

a. Location of unit on a topographic map of appropriate scale such as required under 40 CFR 270.14(b)(19), incorporated by reference in 15A NCAC 13A .0113(b);

b. Designation of type and function of unit; c. General dimensions, capacities and structural description of unit (including any available

plans/drawings); d. Dates that the unit operated; e. Specification of all wastes that have been managed aUin the unit to the extent available,

including any available data on hazardous constituents in the waste; f. All available information pertaining to any release of hazardous waste or hazardous

constituents from such unit (to include ground water data, soil analyses, air, and/or surface water data).

3. Based on the data in the SAR, the Section shall determine the need for further investigations at the newly identified SWMU or AOC. If the Section determines that further investigations are needed, the Section shall require Dyna Diggr to develop a plan for such investigations and to obtain Section approval before implementing the plan.

I. Notification requirements and data collection/assessment for newly discovered releases at previously • identified SWMUs and AOCs.

1. Dyna Diggr shall notify the Section in writing of any newly discovered release(s) of hazardous waste or hazardous constituents identified during the course of ground water monitoring, field investigations, environmental audits of previously .~!1.9.~.n_ SWMUs or AOCs, or by other means, within fifteen (15) calendar days of discovery. This requirement also applies to newly discovered releases at known SWMUs and AOCs for which additional investigation was not previously required.

2. If the Section determines that further investigation of the SWMUs or AOCs is needed, the Section shall require Dyna Diggr to develop a plan for such investigation and to obtain Section approval before implementing the plan.

J. Dyna Diggr shall furnish the Section with any relevant information that may be used to determine whether cause exists to terminate or revise this Order.


170

• WASC0000320

- Doc. Ex. 232 -

C1-258

])~F''f--------------------------------------])~F''f---------------------------------------])~F''f Old Asheville Dyeing and Finishing Company AOC

• IX. Inspection and Training Requirements

•

•

A. Within sixty (60) calendar days of the effective date of this Order, Dyna Diggr shall submit for Section approval a general inspection and maintenance schedule for the environmental monitoring and remedial action systems currently in use at the Facility. This plan shall be consistent with 40 CFR 264.15, incorporated by reference in 15A NCAC 13A .0109(c), and shall be updated as necessary to include additional or modified monitoring and remedial action systems required by this Order.

B. Within sixty (60) calendar days of the effective date of this Order, Dyna Diggr shall submit for Section approval a personnel training plan for employees and contractors involved with environmental monitoring and the remedial action system. The plan shall be consistent with 40 CFR 264.16, incorporated by reference in 1 SA NCAC 13A .0109(c). Training shall include instruction for emergency response, sampling, and operation and maintenance procedures. The personnel training plan shall be updated as necessary to incorporate additional or modified monitoring and remedial action systems required by this Order. Dyna Diggr shall maintain copies of training documents and records according to the requirements of Paragraph Vlll.G. of this Order.


171 WASC0000321

- Doc. Ex. 233 -

C1-259

])llt\F''f--------------------------------------])llt\F''f---------------------------------------])llt\F''f Old Asheville Dyeing and Finishing Company AOC

X. Cost Estimate, Financial Assurance, and Adjustments

A. In accordance with 40 CFR 265.121, incorporated by reference in 15A NCAC 13A .011 O(g), Dyna Diggr shall comply with the requirements listed in 40 CFR 264.100 and 264.101, incorporated by reference in 15A NCAC 13A .0109(g), for Facility corrective action as defined in Paragraph IV.A.8.

B. Within one hundred eighty (180) calendar days of issuance of this Order, Dyna Diggr shall submit for Section review and approval a written cost estimate as described in 40 CFR 264.144, incorporated by reference in 15A NCAC 13A .0109(i), for the actions required by this Order. This estimate shall be based on the Remedial Strategy described in Paragraph V.L.2 and the Facility's proposed corrective action.

C. Subsequent cost estimates shall be prepared as described in 40 CFR 264.144(a), incorporated by reference in 15A NCAC 13A .0109(i), and shall be based on the most recently approved Remedial Strategy or Remediation Program. Additionally, the following requirements shall apply to the cost estimate.

1. As described in 40 CFR 264.144(b), incorporated by reference in 15A NCAC 13A .0109(i), Dyna Diggr shall adjust the cost estimate annually for inflation. The adjusted cost estimate shall be provided to the Section sixty (60) calendar days prior to the anniversary date of the establishment of the financial assurance mechanism unless using a financial test or corporate guarantee, in which case the estimate shall be updated thirty (30) calendar days after the close of the firm's fiscal year.

2. Dyna Diggr shall, as described in 40 CFR 264.144(c), incorporated by reference in 15A NCAC 13A .0109(i), submit cost adjustments for modifications to the Remedial Strategy described in Section V.L. or the Remediation Program described in Section V.M. within thirty (30) calendar

•

days after receiving approval of the modification if the change increases the cost of corrective • action.

D. Dyna Diggr shall maintain at the Facility a copy of the latest cost estimate as described in 40 CFR 264.144(d), incorporated by reference in 15A NCAC 13A .0109(h).

E. Within sixty (60) calendar days of the approval of the cost estimate provided in Paragraph X.B, Dyna Diggr shall establish financial assurance for corrective action by use of one or more of the mechanisms described in 40 CFR 264.145, incorporated by reference in 15A NCAC 13A .0109(i). The amount of financial assurance to be established for corrective action shall at least equal to the amount of the written cost estimate as provided in Paragraphs X.B. and X.C. of this Order or for an amount agreed upon by the Department. Financial assurance established pursuant to this Paragraph shall be used solely for the purpose of conducting the activities required by this Order.

F. Financial assurance mechanism(s) established by Dyna Diggr to satisfy the financial requirements for corrective action shall be worded as specified in 40 CFR 264.151, incorporated by reference in 15A NCAC 13A .0109(i), except that references to regulatory requirements for closure and/or post-closure care shall be replaced with the phrase closure, post-closure care, and/or corrective action.

G. Dyna Diggr may change the mechanism(s) used to demonstrate financial assurance for corrective action required by this Order at any time, with prior notice to the Section, provided the alternate mechanism(s) meets the requirements of this Order.

H. Dyna Diggr's failure to demonstrate its financial ability to complete the Facility characterization and remediation shall not excuse the company's independent obligation to perform the activities required by this Order.


172

• WASC0000322

- Doc. Ex. 234 -

C1-260

])Jlc\F''f-------------~------------------~-----])Jlc\F"I'---------------------------------------])Jlc\F"I' Old Asheville Dyeing and Finishing Company AOC

• XI. Public Participation

•

•

A. The Section shall publish public notices and hold public hearings at the following times in accordance with 40 CFR 265.121, incorporated by reference in 15A NCAC 13A .011 O(g):

1. Prior to the issuance of this Order;

2. Upon development of the proposed remediation program, regarding the proposed preferred remedy and the assumptions upon which the remedy is based, in particular those related to land use and site characterization; and

3. Upon completion of corrective action at the Facility or a portion of the Facility, but prior to the Section issuing a No Further Action determination for a portion of the Facility or an Acknowledgement of Termination pursuant to Paragraph XIV.C. of this Order.

When deemed necessary by the Section, additional public meetings will be held to address the public's concerns.

B. Consistent with the intent of N.C.G.S. Chapter 1508, at any hearing required by Paragraph XI.A. of this Order, the Section shall receive oral and written comments from the public and shall also receive written comments submitted by Dyna Diggr in response to the public comments. The Section shall consider all these comments in making its decisions regarding continuing characterization of the Facility, remedy selection, and completion of corrective action for the Facility or a portion of the Facility .


173 WASC0000323

- Doc. Ex. 235 -

C1-261

])~F'1'--------------------------------------])~F'1'-------------------------~-------------])~F"f Old Asheville Dyeing and Finishing Company AOC

XIII. Dispute Resolution

If Dyna Diggr disputes any decision of the Section made pursuant to this Order, and the matter cannot be resolved through less formal negotiations, Dyna Diggr shall submit to the Section a written statement of the grounds for dispute within fourteen (14) days of being notified of such decision. Within a reasonable period following receipt of Dyna Diggr's statement of dispute, the Section shall issue a written decision on the disputed matter.

Within fourteen (14) ·days- of receiving the Section's written decision on the dispute, Dyna Diggr shall provide a written statement as to whether it shall abide by the .decision. If the Section does not receive from Dyna Diggr a statement to abide by the Section's decision, or the statement is to the effect that Dyna Diggr shall not abide by the Section's decision on the disputed matter, the Section shall have the right to deem the Order dissolved.

In the event that the Order is dissolved pursuant to the Dispute Resolution provision, the Section shall retain all its applicable enforcement rights against Dyna Diggr, including calling for submittal of a RCRA application and financial assurance for a Post-Closure Permit and corrective action for the Facility. Dyna Diggr shall retain any applicable defenses.

Dyna Diggr's invocation of the Dispute Resolution provision shall not alone excuse noncompliance with this Order or any requirement established pursuant thereto.


174

•

•

• WASC0000325

- Doc. Ex. 236 -

C1-262

J)Jli\.F''f--------------------------------------J)Jli\.F''f---------------------------------------J)Jli\.F''f Old Asheville Dyeing and Finishing Company AOC

• XII. Delay in Performance

•

•

As soon as Dyna Diggr is aware of the potential for delay in achieving the requirements of this Order, the company shall submit to the Section written documentation stating the reasons for the delay and the efforts made by Dyna Diggr to avoid the delay, as well as a time by which such work can be completed. The Section shall review the documentation and shall approve the new schedule if Dyna Diggr shows good cause for the potential delay. Good cause shall include, but is not limited to, extraordinary weather, natural disasters, and national emergencies. The burden of demonstrating that there is good cause for the proposed delay rests solely with Dyna Diggr .


175 WASC0000324

- Doc. Ex. 237 -

C1-263

])Jli\F'1'--------------------------------------])lll\.F"I'--~-----------------------------------])Jli\F'1' Old Asheville Dyeing and Finishing Company AOC

XIV. Satisfaction of Order

A. When Dyna Diggr determines all requirements of this Order have been completed, it shall (1) give written notice to the Section indicating the Work required by the Order has been completed; and (2) file a petition to terminate the Order. Dyna Diggr may also petition the Section to issue a No Further Action determination for a portion of the Facility. After completion of the Public Participation process required by Paragraphs Xl.A.-XI .8. of this Order, the Section shall either agree or disagree with Dyna Diggr's Termination Petition or No Further Action Petition for a portion of the Facility.

B. If the Section determines that the Work required by this Order has not been completed, the Section shall notify Dyna Diggr in writing of activities that must be undertaken to complete the Work, including a schedule for the performance of such activities. Once these additional activities are completed, Dyna Diggrmay file another petition pursuant to Paragraph XIV.A.

C. If, after completion of the Public Participation process required by Paragraphs Xl.A.-Xl.B., the Section concludes that the Work required by this Order has been satisfactorily performed, the Section shall memorialize its decision in a No Further Action Determination for a portion of the Facility or an Acknowledgment of Termination and Agreement on Record Preservation and Reservation of Rights. Except as specified below, all of Dyna Diggr's obligations under this Order shall be deemed to be satisfied and terminated upon Dyna Diggr's execution of the Acknowledgement issued by the Section. This notice shall not terminate Dyna Diggr's obligation to comply with any continuing requirements hereunder, including but not limited to record preservation, reservation of rights, other claims, and indemnification of the State. Dyna Diggr's execution of the Acknowledgement will affirm their continuing obligation, including the maintenance of institutional controls or other long-term measures that are an integral part of the final remedy.


176

•

•

• WASC0000326

- Doc. Ex. 238 -

C1-264

l)~F'1'--------------------------------------l)~F'1'---------------------------------------l)~F'1' Old Asheville Dyeing and Finishing Company AOC

• XV. Change of Ownership or Operational Control

•

•

A. Dyna Diggr shall notify the Section in writing ninety (90) calendar days prior to the date of any change in ownership or operational control of the property on which the Facility is located or any proposed change of ownership or operational control of the monitoring and remediation system.

B. This Order cannot be transferred to a new owner or operator. Dyna Diggr shall notify the proposed new owner or operator about this Order, the termination of the Order upon ownership change, and the new owner or operator's responsibility to file a RCRA Part A permit application. Dyna Diggr shall provide evidence to the Section of the notification to the proposed new owner or operator pursuant to this Paragraph. This evidence shall describe how Dyna Diggr has assured that, despite the transfer in ownership or operation, all institutional controls required for the Facility, now or in the future, will be implemented and maintained. Additionally, Dyna Diggr shall (1) assure the instrument effecting the conveyance or transfer of real or personal property interest contains a copy of this Order; and (2) use its best efforts to obtain access agreements to meet the requirements of Paragraph VII.A. from the party obtaining control of the real or personal property.

C. In the event of change in ownership of the Facility, whether or not pursuant to a Brownfields Agreement, the Section shall retain all its applicable enforcement rights against Dyna Diggr, including calling for submission of a RCRA permit application and financial assurance for a post-closure permit and corrective action.

D. No change in corporate ownership or corporate status will alter Dyna Diggr's obligations under this Order or excuse Dyna Diggr's noncompliance with this Order or any requirement established pursuant thereto .

E. No conveyance of title, easement, or other interest in the Facility, or a portion of the Facility, or the monitoring or remediation system will affect Dyna Diggr's obligations under this Order. This paragraph will not apply if the Parties agree pursuant to Paragraph XIV.C. that this Order has terminated as to the Facility. This Paragraph will not apply to any portion of the Facility for which the Section has issued a No Further Action determination (e.g., clean-closed areas) .


177 WASC0000327

- Doc. Ex. 239 -

C1-265

J)Jli\F''f--------------------------------------l}Jli\F''f---------------------------------------J)Jli\F"I' Old Asheville Dyeing and Finishing Company AOC

XVI. Decisions/Notification

A. All approvals by and decisions of the Section shall be communicated in writing to Dyna Diggr by the Chief of the Hazardous Waste Section or her designee. No informal advice, guidance, suggestions, or comments by the Section regarding reports, plans, specifications, schedules or any other matter will relieve Dyna Diggr of its obligation to obtain formal approvals as required by this Order.

B. All documents and notices required to be submitted by Dyna Diggr to the Section pursuant to this Order shall be sent to:

Elizabeth W. Cannon, Chief N. C. Dept. of Environment and Natural Resources Division of Waste Management Hazardous Waste Section 1646 Mail Service Center Raleigh, North Carolina 27699-1646

C. Unless otherwise agreed to by Dyna Diggr, the Section shall direct all correspondence related to this Order to:

Mr. Loren Lanter Dyna Diggr PO Box9855 Asheville NC 28815 - 9855.


32

178

•

•

• WASC0000328

- Doc. Ex. 240 -

C1-266

])Jlt\F''f----------------------------~---------])Jlt\F"f---------------------------------------])Jlt\F"f Old Asheville Dyeing and Finishing Company AOC

• XVII. Notice of Non-Liability of the State

•

•

A. The State, its agencies, employees and other representatives shall not be deemed a party to any contract involving.Dyna Diggr and relating to activities at the Facility and shall not be liable for any claim or cause of action arising from or on account of any act or omission of Dyna Diggr, their officers, employees, contractors, receivers, trustees, agents, assigns, or other representatives in carrying out

. the activities required by this Order.

B. The State, its agencies, employees and other representatives shall not be liable for any injuries or damages to persons or property resulting from the acts or omissions of Dyna Diggr, their officers, employees, contractors, receivers, trustees, agents, assigns, or other representatives caused by implementation of this Order or otherwise .


179 WASC0000329

- Doc. Ex. 241 -

C1-267

))Jli\.F''J'--------------------------------------J)Jli\.F''J'---------------------------------------J)Jli\.F''J' Old Asheville Dyeing and Finishing Company AOC

XVIII. Reservation of Rights

A. The Section hereby reserves all of its statutory and regulatory powers, authorities, rights and remedies, both legal and equitable, including any which may pertain to Dyna Diggr's failure to comply with any of the requirements of this Order. This Order shall not be construed as a covenant not to sue, or as a release, waiver or limitation of any rights, remedies, powers and/or authorities, civil or criminal, which the Section has under RCRA or any other statutory, regulatory, or common law authority.

B. Dyna Diggr's compliance with the terms of this Order shall not relieve Dyna Diggr of any obligation to comply with any other applicable local, State, or federal laws and regulations. Similarly, this Order does not relieve Dyna Diggr of any obligation to obtain and comply with any applicable local, State, or federal permit or approval.

C. The issuance of this Order and Dyna Diggr's stipulation to comply shall not limit or otherwise preclude the Section from taking additional enforcement action pursuant to RCRA, the North Carolina General Statutes, or any other authority should the Section determine that such action is warranted.

D. The Section expressly reserves all rights and defenses that it may have, including the right to disapprove of work performed by Dyna Diggr pursuant to this Order, to require that Dyna Diggr correct any work performed despite disapproval by the Section, and to require that Dyna Diggr perform tasks in addition to those specifically stated in this Order.

E. Notwithstanding compliance with the terms of this Order, Dyna Diggr is not released from liability, if any, for the costs of any response actions taken by the Section. The Section reserves the right to seek reimbursement from Dyna Diggr for costs incurred by the Section in connection with any response action the Section undertakes or any costs incurred by the Section in overseeing implementation of this Order, including enforcement costs.

F. Dyna Diggr stipulates that pursuant to N.C.G.S. § 130A-18, and irrespective of all other remedies at law, the Section may file an action for injunctive relief in the Superior Court of Buncombe County to enjoin any threatened or continuing violation of the requirements of this Order or the statutes or rules cited therein, including but not limited to the requirements for corrective action, or to impose any emergency response measures deemed necessary to protect human health and the environment.

G. The Section may impose an administrative penalty on Dyna Diggr for violating the requirements of this Order or the statutes or rules cited therein. The assessment of an administrative penalty pursuant to N.C.G.S. 130A-22 will confer on Dyna Diggr all rights under Chapter 1508 of the North Carolina General Statutes to contest the Section's decision to impose an administrative penalty, but not to contest the validity or enforceability of this Order, in so far as Dyna Diggr has both stipulated to the Section's jurisdiction and has waived their rights to contest the Section's enforcement of the Order pursuant to Paragraph 11.B.

H. The Chief of the Hazardous Waste Section may determine that acts or circumstances, whether or not directly related to this Order, may endanger human health, welfare, or the environment and may order Dyna Diggr to stop further implementation of this Order, either temporarily or permanently, until the endangerment is abated. The State may also, for any other reason permitted by law, order Dyna Diggr to cease activities at the Facility.

I. Nothing in this Order shall be construed as limiting the Section in performing its duty to protect the public health and the environment of the State as required by law. The State may order or independently initiate any response action it deems necessary to protect public health, welfare, or the environment.


180

•

•

• WASC0000330

- Doc. Ex. 242 -

C1-268

•

•

•

J)lli\.F''I'---------------------~----------------J)Jli\F"f---------------------------------------J)Jli\F"f Old Asheville Dyeing and Finishing Company AOC

XIX. Other Claims

A. Nothing in this Order shall constitute or be construed as a release from any claim, cause of action or demand in law or. equity against any person, firm, partnership, corporation, or other entity for any liability it may have arising out of or relating in any way to the generation, storage, treatment, handling, transportation, release, or disposal of any hazardous wastes or hazardous constituents found at, taken to, or taken from the facility.

B. Nothing herein shall constitute a satisfaction of, or release from, liability for any claim arising as a result of operation, ownership or use of the facility by Dyna Diggr, their agent(s), contractors, lessees, successors, or assigns .


181 WASC0000331

- Doc. Ex. 243 -

C1-269

])Jli\F''f--------------------------------------l}Jli\F''f---------------------------------------l}Jli\F"J' Old Asheville Dyeing and Finishing Company AOC

XX. Indemnification of the State of North Carolina

Dyna Diggr stipulates that it will indemnify, save and hold harmless the State, its agencies, departments, agents, and employees, from all claims or causes of action arising from or on account of acts or omissions of Dyna Diggr or their officers, employees, agents, independent contractors, receivers, trustees, and assigns in carrying out activities required by this Order. This indemnification will not affect or limit the rights or obligations of Dyna Diggr or the State under their various contracts. This indemnification will not create any obligation on the part of Dyna Diggr to indemnify the State from claims arising from the acts or omissions of the State.


182

•

•

• WASC0000332

- Doc. Ex. 244 -

C1-270

•

•

•

])Jli\F'1'--------------------------------------])Jli\F'1'---------------------------------------])~F"I' Old Asheville Dyeing and Finishing Company AOC

XXI. Additional Provisions

A. This Order may only be modified in writing. The existing Order shall remain in effect as written until such time as the Parties have executed a written amendment to the Order or until such time as the Section deems the Order satisfied pursuant to the provisions of Paragraph XIV.C.

B. The signatory for each Party certifies that he or she is fully authorized to execute, and legally bind such Party to, this document.

C. The annual activity fee specified in N.C.G.S. 130A-294.1 shall be paid to the Division by Dyna Diggr.

D. If any judicial authority holds any provision of this Order to be invalid, the remaining provisions shall remain in force and shall not be affected.

E. Except as otherwise provided in this Order, the Parties shall bear their own costs and attorneys fees,

F. A table summarizing the Work required by this Order is provided for in the Schedule of Compliance.

G. This Order is effective on the date that the Section signs the Order .


183 WASC0000333

- Doc. Ex. 245 -

C1-271

,])llJ\F''f--------------------------------------])lli\F''f---------------------------------------])lli\F"I' Old Asheville Dyeing and Finishing Company AOC

FOR THE NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES

Elizabeth W. Cannon, Chief Hazardous Waste Section Division of Waste Management

FOR Dyna Diggr

Loren Lanter Managing Member


Date Signed

Date Signed

38

184

•

•

• WASC0000334

- Doc. Ex. 246 -

C1-272

I>ll.t\F'l'--------------------------------------I>ll.t\F'l'---------------------------------------I>ll.t\F"I' Old Asheville Dyeing and Finishing Company AOC

• Schedule of Compliance

............................................................... .. .................. ....... .... .......... .......

··~J~•bi:I~~······································································································· ··~p~E!~tjl~ qtpqfr1pli~rj(:~ ................................................................. ::.:::::::::::::::::·::::::::::.::::::::::::::·:::::::::::::::::: ································································· ································································· .......................................................

Submit a topographic map showing a distance of Within thirty (30) calendar days of signing this Order 1,000 feet around the facility at a scale of 2.5 centimeters (1 inch) equal to not more than 61.0 meters (200 feet) Paragraph V.F.1.a

Submit a property map showing the legal boundaries Within thirty (30) calendar days of signing this Order and locations of all structures Paragraph V.F.1.b

Submit a Facility Characterization Work.plan based on Within sixty (60) days following execution of this Order the Site Characterization Model Paragraph V.H.1

Implement the Facility Characterization Work Plan Within thirty (30) calendar days of receiving Paragraph V.H.2 concurrence from the Section

Submit Draft and Final Facility Characterization In accordance to the agreed upon schedule provided in Reports the Work Plan Paragraph V.1.1

Submit Draft Remedial Strategy Within sixty (60) calendar days following execution of Paragraph L.1 this Order

Submit Final Remedial Strategy Within thirty (30) calendar days following notification

• Paragraph L.4 from the Section that the Facility characterization is complete

Submit the Final Remediation Program Within thirty (30) calendar days following notification Paragraph M.3 from the Section that the Facility characterization is

complete

Submit all information necessary for the Section to Within thirty (30) calendar days after receiving the commence the public participation process Section's concurrence on the final remediation Paragraph M.4 program

Submit remediation program specifications and begin Within sixty (60) calendar days after approval of the implementation of the remediation program final remediation program Paragraph M.5

Notify the Section prior to conducting field activities No less than ten (10) working days in advance of Paragraph Vll.D scheduled field dates

Notify the Section after obtaining knowledge of any No later than fifteen (15) days after obtaining planned alterations or addition which may impact knowledge HWMUs, SWMUs, AOCs, or areas contaminated by releases from the units Paragraph Vlll.D

Report to the Section any situations that may Communicate orally within twenty-four (24) hours and endanger human health and/or the environment follow up with written submittal within five (5) working Paragraph Vlll.E days

• 39 adf alternate mechanism march 2013

185 WASC0000335

- Doc. Ex. 247 -

C1-273

ll.Ili\F''f--------------------------------------ll.Ili\F"f---------------------------------------ll.Ili\F"f Old Asheville Dyeing and Finishing Company AOC

•......•.....•.•.....•••.•..•••.•....••......•......•• .,................... I·• ..•... .... .•. ....•. ..... .... .... ...•. .•.•. . •.

~srj~~uJ~ tjf ¢9mp1i~hs~ ••·••·•••··••••••··••••••·•••• I pp~pat~ ••• ...... .. ••••••• > ••••••••.•••.•••• ••• ••••• ...... • ••••••••• ••••

Submit biennial reports No later than March 1 of each even numbered year Paragraph Vlll.F

Submit notification of any newly discovered or Within fifteen (15) calendar days of discovery identified SWMUs or AOCs Paragraph Vlll.H.1

Submit a SWMU Assessment Report for each newly Within ninety (90) calendar days of notification identified SWMU or AOC Paragraph Vlll.H.2

Submit notification of any newly discovered releases 01 Within fifteen (15) calendar days of discovery hazardous constituents at previously identified SWMUs or AOCs Paragraph Vlll.1.1

Submit a general inspection and maintenance Within sixty (60) calendar days of the effective date of schedule for the environmental monitoring and this Order remedial action systems currently in use Paragraph IX.A

Submit a personnel training plan for employees and Within sixty (60) calendar days of the effective date of contractors involved with environmental monitoring this Order and the remedial action system Paragraph IX.B

Submit a written cost estimate for the actions required Within one hundred eighty (180) calendar days of by this Order issuance of this Order Paragraph X.B

Establish financial assurance for corrective action Paragraph X.E

Notify the Section in writing.prior to the date of any change in ownership or operational control of the property Paragraph XV.A


Within sixty (60) calendar days of the approval of the cost estimate required by this Order

Within ninety (90) calendar days prior to the date of change in ownership or operational control

40

186

•

•

• WASC0000336

- Doc. Ex. 248 -

C1-274

])Jli\.F''I'--------------------------------------])Jli\.F''I'---------------------------------------])Jli\.F''I' Old Asheville Dyeing and Finishing Company AOC

• Figures

•

• 41 adf alternate mechanism march 2013

187 WASC0000337

- Doc. Ex. 249 -

C1-275

- Doc. Ex. 250 -

C1-276

189

- Doc. Ex. 251 -

C1-277

190

- Doc. Ex. 252 -

C1-278

•

•

•

Exhibit C-5 2014-02-19- Response to the Hazardous

Waste Section's First Request for Admissions

191

- Doc. Ex. 253 -

C1-279

STATE OF NORTH CAROLINA COUNT OF WAKE

WASCO,LLC,

Petitioner,

DYNA-DIGGR, LLC,

Intervenor,

v.

N.C. DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, DIVISION OF WASTE MANAGEMENT

Respondent.

) IN THE OFFICE OF ) ADMINISTRATIVE HEARINGS ) 13 EHR 18253 ) ) ) ) ) ) INTERVENOR'S RESPONSE TO ) RESPONDENT'S FIRST REQUEST FOR ) ADMISSIONS TO DYNA-DIGGR, LLC ) ) ) ) ) ) ) )

To: N. C. Department of Environment and Natural Resources, Division of Waste Management c/o Elizabeth A. Fisher Assistant Attorney General N.C. Department of Justice Post Office Box-629 Raleigh, NC 27602-0629

NOW COMES Intervenor, Dyna-Diggr, LLC, by and through its counsel, to respond to Respondent's First Request for Admissions.

RESPONSE TO REQUEST FOR ADMISSIONS

1. You are the owner of the Facility.

RESPONSE: Admitted.

2. You became the owner of the Facility through a North Carolina Special WaITanty Deed dated December 18, 2007 and recorded December 19, 2007.

RESPONSE: Admitted.

R&S 1185323-1

192

•

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•

- Doc. Ex. 254 -

C1-280

•

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3. At the time you purchased the Facility, you were aware that a p01tion of the property had been used to manage hazardous wastes and was contaminated with residual amounts of volatile organic compounds.

RESPONSE: Admitted.

4. At the time you purchased the Facility, you were aware of the possibility that Respondent might hold you responsible, as the new owner, for assessment and remediation work required under the State Hazardous Waste Program.

RESPONSE: Admitted.

5. At the time you purchased the Facility, you knew that, in the event WASCO, LLC. were to "simply walk away," Respondent would be reasonably likely to hold you responsible, as the new owner, for assessment and remediation work required under the State Hazardous Waste Program.

RESPONSE: Denied. This request asks Intervenor to admit a fact that has not yet occurred and may never occur. Intervenor did not know, at the time it purchased the Facility, that it would be "reasonably likely" that Respondent would hold Intervenor responsible if WASCO, LLC walked away from its assessment and remediation responsibilities at the Facility. In fact, Dyna-Diggr was led to believe, by Respondent, that WASCO and its predecessors would remain liable for and responsible for assessing and remediating the contamination at the facility.

6. Prior to your purchase of the Facility, Respondent never guaranteed that you would not be held responsible as the new owner, under any circumstances, for assessment, remediation work, or other corrective action required at the Facility under the State Hazardous Waste Program.

RESPONSE: Admitted.

7. Prior to your purchase of the Facility, Respondent never guaranteed that you would not be held responsible as the new owner, under any circumstances, for financial assurance required at the Facility under the State Hazardous Waste Program.

RESPONSE: Admitted.

8. You never entered into an indemnity or liability transfer agreement with WASCO,LLC.

RESPONSE: Admitted .

R&S 1185323-1

193

- Doc. Ex. 255 -

C1-281

9. You never entered into an indemnity or liability transfer agreement with Anvil Knitwear, Inc.

RESPONSE: Admitted.

10. Donald Lee electronically submitted an EPA Form 8700-23 (also known as a Part A Permit Application) on April 27, 2010, in his capacity as the Intervenor's Safety Director.

RESPONSE: Denied. Donald Lee was not the Safety Director for Dyna-Diggr.

11. Donald Lee signed his name electronically underneath a box labeled "Signature of operator, owner, or an authorized representative."

RESPONSE: Denied. Donald Lee was not the safety director for Dyna-Diggr.

12. Donald Lee electronically signed his name on the same page as a certification stating: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on

•

my inquiry of the person or persons who manage the system, or those persons directly • responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

RESPONSE: Admitted,

13. Donald Lee read and understood the instructions accompanying the above-referenced EPA Form 8700-23 before signing it.

RESPONSE: Denied.

14. At the time Donald Lee signed the above-referenced EPA Form 8700-23, he was acting as a duly authorized agentior employee of the Intervenor.

RESPONSE: Denied.

15. At the time Donald Lee signed the above-referenced EPA Form 8700-23, his job duties included making decisions regarding the Intervenor's compliance with environmental laws.

RESPONSE: Denied.

R&S 1185323-1

194

- Doc. Ex. 256 -

C1-282

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16. The Intervenor admitted "under penalty of law" that it was an "owner" and an "operator" of the Facility in the EPA Form 8700-23 signed by Donald Lee in 2010.

RESPONSE: Admitted.

Respectfully submitted this the 19th day of February, 2014.

R&S 1185323-1

ROBERTS & STEVENS, P.A.

WILLiAMCLARKE" N.C. State Bar# 10278 JOHND.NOOR N.C. State Bar# 43102 Attorneys for Intervenor Post Office Box 7647 Asheville, North Carolina 28802 (828) 252-6600

195

- Doc. Ex. 257 -

C1-283

CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true copy of the foregoing Intervenor's Response to Respondent's First Request for Admissions was served upon the Petitioners and Respondents and/or persons indicated below in this contested case by electronic mail as indicated below and by placing a copy thereof in the United States Mail, postage prepaid, addressed as follows:

Glenn Dunn Poyner Spruill, LLP PO Box 1801 Raleigh, NC 27602-1801 [email protected]

THIS the 19th day of February, 2014.

R&S 1185323-1

Elizabeth A. Fisher Assistant Attorney General NC Department of Justice Environmental Division P.O. Box 629 Raleigh, NC 27602 [email protected]

Jr:fct.~;~ .p Attorney for Intervener, Dyna-Diggr, LLC

196

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- Doc. Ex. 258 -

C1-284

Respondent’s Exhibit D WASCO’s Part A Permit Applications

- Doc. Ex. 259 -

C1-285

Exhibit D-1 2004-12-30- Part A Permit

Application signed by WASCO

198

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- Doc. Ex. 260 -

C1-286

INERAL PRINGS

• • Environmental 4600 Mineral Springs 1-ane, Raleigh,· NC 27616 • 919.261.8186 • 919.261.8299 Fax

December 30, 2004

Mr. Larry Stanley North carolina Department of Environment and Natural Resources Division of Waste Management Hazardous Waste Section 1646 Mail Service Center Raleigh, North carolina 27699-1646

Reference: Amended Part A Application En• n lM,11!!'8Dsn '. .,J:Jfmrl!liLillll a iW&tJ ... rnuHu*~J .u • • ·.fil!MtM"'-""'••~jt,_, MSE Job# 123

Dear Mr. Stanley

_p -~-

Please find attached four copies and one original amended Part A Application for the above referenced site as a result of a recent change in operator status. If you should have questions or require additional information, please do not hesitate to call me at 919-261-8186

Sincerely, Mineral Springs Environmental

If t/Je,) 13 . <?tX.JaA J_ Kirk B. Pollard President

Cc: John Coyne: Water Applications & Systems Corporation Steve Pegg: Anvil Knitwear Inc.

199

- Doc. Ex. 261 -

C1-287

.• MAIL THE COMPLETED FORM

TO: The Appropriate EPA Regional « State Office.

1. Reason i>r Submittal (See lnstrudlons on page .25)

CHECK CORRECT BOX(ES)

2. Site EPA ID Number (See lnlltructions on page 26)

OMB#: 2050-0175 Elq>ires 12131/2003


RCRA SUBTITLE C SITE IDENTIFICATION FORM - • Reason for Submittal:

0 To provide initial notification (to obtain an EPA ID Number for hazardous waste, universal waste, or used oil activities) •

It( To provide subsequent notification (to update site Identification information).

0 As a component of e Finit RCRA Haz&fdous Waste Part A Pennit Application.

111(' As a component of a Revised RCRA Hazardous Waste Part A Permit Application (Amendment# ____ _,

0 As a compment d the Hazardous Waste Report.

EPA ID Number.

3. Site Nmne (See Name: Instructions on page 28)

4. Site Location lnfonnallon (See ~onpage26)

5. Site Land Type (See Instructions an page 26)

8. North American Industry Classlflcation System (NAICS) Code(a) for the Site (See Instructions on page26)

City, Town, or Village: ,5ll,)a..,.Y) n tl.... 0 (L

County Name: Bu.n t.,,o m be- Zip Code: aB11 B Site Lend T,pe: )4 Private Q County 0 District Q Federal Q Indian 0 Municipal Q State Q Other

A. B.

313~ c. D.

7. Slte Malling Addreu Street or P. 0. Box: O 3 51 (SeaJnatructlons on page J--------...:....::.....=:._:_-..z=..;:;......~-=~-=-------------------1

27) w~nn~no~

8. Site Contac:t Person (See lmdruc:llons on P-.s 27)

9. Legal Owner and Operator of the Site (See Instructions on pages 27 and 28)

EPA Form 8700-23 (Revised 5/2002)

Co.Ao Ju, ct..J

Ml:

Page 1of3

200

Zip Code: J.. B 7 5 Last Nmne: P. Phone Number ExtenaiOn:

•

- Doc. Ex. 262 -

C1-288

a OMB#: 2050-0175 8'Jjres 12131/2003

EP o. WIC.11Jlol710l(pl/l'/l/ollol~ . 10. Type of Regulldld Waste Adlvlty (Mark 'X' In the appropriate boxes. See lnstruc:tlons on pages 28 to 32)

A. Hazardous Waste ktlvlUes

1. Generator of Hazardous Waste For ltams 2 through 6, check all that apply:

(choose only one of the following three categories) Cl 2. TransPortar of Hmrdoua Waste

')(a. LQG: Greater than 1,000 kg/mo (2,200 lbs.Imo.) of non-aarte hazardous waste; or Cl 3. Treater, Storer, or Disposer of Hazardous Wasta (at your

site) Note: A hazardous waste pennit Is l'e(J.lired for this D b. SQG: 100 to 1,000 kg/mo (220 - 2,200 lbs.Imo.) of non-arute activity.

hazardous waste; or Cl 4. Reqder of HllZIS'Clods waste (at yow site) Note: A

Q c. CESQG: l9G6 than 100 kg/mo (220 Iba.Imo.) of non-acute hazardoua hazardous waste pennlt may be required for this acllvlty. waste

5. Exempt Boller and/or Industrial Fumac:e In addition, Incl~• Olher gene111tor ac:tlvlles (check al th• apply)

D a. Small Quantity On'61te Bumer E>emption D d. United States Importer of Hazadous Waste

Q b. Smelting, Melting, and Refining Furnace E>Gemptlon Q e. Mixed Waste (hazardous and radioactive) Generator

D 6. Underground Injection Control

B. Unlvenlal Waste Adlvitles C. Used OU Adlvitles

1. Large Qu~ Handler of Unlwrul Waste (accumulate 5,000 kg or more) 1. Used 011 Transporter - Indicate Type(•) of Actlvlt)'(les} [.rafar to your State regulations to datannlne what Is regulatad). Indicate Q a. Transporter types of universal waste ganenlad mcllor accumulllled II l/OUf site.

Q b. Transfer Facility (check all boxes that apply): 2. Used 011 Processor and/or RHeflner - Indicate l)pe(s)

Generated wumulated of Actlvlfy(les)

a. Batteries Q Q a a. Processor

b. Pesticides Q Q a b. Re-refiner

c. Thermostats D a D 3. Off.Specification Used 011 Burner

d. Lamps D a 4. Uaed Oil Fuel Marketer • Indicate T>1P8(•) or Al;tl\llfy(les)

e. Other (specify) D a f. Other (specify) a a

Q a. Marketer Who Directs Shipment of Off..specification Used 011 to Off.Specification Used Oil Burner

g. Other (specify) Q a D b. Marketer Who First Oaims the Used Oil Meets the

Specifications D 2. Deatlnatiofa Facility for Univerul Waste

Note: A hazardous waste permit may be required for this activity.

11. Description of Hazardous Wastes (See Instructions on page 33)

A. w .... Codas for Federally Regulated Hazardous Wastes. Please list the waste codes of the Federal hazardous wastes haidled at your site. list them In the onlerthey areprecentsd inlhe regulations (e.g., 0001, 0003, F007, U112). Use an additional page if more spaces are needed.

~-oo..L

EPA Form 8700-23 (Revised 5/2002) Page 2 of 3

201

- Doc. Ex. 263 -

C1-289

B. Waste Codes for State-Regulated (I.e., non.federal) Hazardoua Wastes. Please fist Iha waste codes of Iha State-regulated hazardous wastes handled at your site. List them In Iha oi'der they ant presented In the regulations. Use an additional page if more spaces are needed fer waste codas.

12. Comments (See Instructions on page 33)

.JOhn C. Co ne...

13. Certtlclltlon. I certify lllder penaty of law that this document and all attachments ware prepared lllder my direction or supervision In accordance with a t:YGtefn designed to 86$1.11'6 that qualified peiaonnel properly gather and 6'11lluate the iifomlatlon submitted. Based on my inquiry of the person or peniont: who manage the system, or those persons dlntctly responsible for gathering the lnfcrmation, the i'lformatlon S!bmitted is, to !he best of my kno'Medge and belief, true, accurate, and complete. I am aware that there are significant penalllas for submiltlng false Information, Including the possibllity of fine and imprisonment for knowing ll'lolatlons. (See lnstructions on page 33)

Name and Ofllclal Title (type or print)

EPA Form 8700-23 (Revised 5/2002) Page 3 of3 •· 202

- Doc. Ex. 264 -

C1-290

• • OMB #: 2050-0034 EJpires 10/31/Q'l


HAZARDOUS WASTE PERMIT INFORMATION FORM 1. Faclli\' Permit

ContaQ(See lnstruc:tions on page 35)

2. Faclllty Permit Conlac:t llalllng Add,..(See Instructions on page35)

first Name: S"o h Yl

City, Town. orVilllge: H ous 1-on Stata:

Te- as Uolt

3. Legal OWner Malling Street or P.O. Box: Addrasancl

ne.. Phone Humber

Zip Code: 'I '10 3 a. Telephone Nwnber City, Town, or Vi119: (S- lnslrudlon& on w CL-n n Q.,, n 0 Q., page~) 1--~~~~~-==-=..;'--!...:.-'-='--~=--~~~~~~~~~~~~~~

State: A) Ol'"fh C,,a Y'Qf t.,n~

5. Faclllty Existence Dllte (See lnsinlcdon5 an page~)

Flldllty ExlatMlce Dallll (rnmlddlymt):

6. Other Envlninment.I Permb (See lnatrudions on page 36)

£

£

£

A. Permit TW>e {Enlfw-'-J

B. Pennlt Number

5- Of)../ - qq

JI - oo 7 I if

L- oB5

'185-66J/

C. Description

1}t-~cha~c. -lo M~h-opolt- n 5ew~e... VL-5f.rt..c}f Pf 13uneom be C.Ou.nfl:j -we.5/.t.Yn A)o,,..fh Cb. Yohn a.. 1?~iona./ fLir Po II u. -lion Con T>'"o I Pe YTYli.1- -It> Ope..v-a te.. BuneoMhe ~Du.J'if~ Haiat-dou6 WCl~f e.. LLc..e. n.:s e,

7. Nature of Business (Provide a brW description; ... lnstruellons on page 37)

/he fo..~1..h'ttj l~ 0- JYIClrJ u.fa..e/uri~8 fa.e-iliUj tfutf Kni.:/5" d~es 1 a.nd tLni..shes c,1,,ye,,u/ay Knif fa_bYL-t!..6 .[Or- fh~ St!Y~en fYLnt Lndu~fYlj.


203

- Doc. Ex. 265 -

C1-291

• • OMB #: 2050-0034 Elcpires 10/31/al

I. Process Codes and Dealcpl C8P"'Ci'W (See lnslrudions on p-ae37) ...-1----A.-PR-OC-ES_S_CODE ____ En_w_the_code __ from __ the_t_lst_o_f_ptOCeSs ___ c_odes __ beb_w_that_be_st_deacrlba ____ NCh __ /H'OCfiS ___ to_be_used __ a_t_the_fac_/t-'lty.-.-Thl.-'Tteei-~'-

an pnwlded for entering c:ocMs. If tnOl'e llnes are needed, attach •separate sheet ofJHIPflT with die additlo1111l lt#ormatlon. For "other" pnx:esses (I.e.. °"· S9' nu-"" »I), ,,,_,,,,. the process Qndudlng lls design CllfMICffrJ In the.,,.. provided In Item ••

B. PROCESS DESIGN CAPlafY· For each code entered In column A. emw the cap«:ity of lhe process.

1. AIWUNT-Enter the amount. In• case trllere design capacity Is not applicable (such as In a closurt/post-closure or enforcement action} enter tire total amount of wuM for that process.

2. UNIT OF MEASURE - For MCll HIOflnf emw.d In column 8(1), .,.,.. lhe code In collmn 8(2) from tire llstot unit al measure codes brtilow ttwtt describes the unit Of meucn used. Salect only frvm the units of meeswe In this list.

C. PROCESS TOTAL NUMBER OF UNITS - En,_. the lolal number of units foreacfl corresponding process code.

PRoc .. ss PROC .. SS PROCESS APl'ROPRL\ Tit UNITS Of MJtASURI! PROCH& APPROPRL\T .. UXITSOf M .. ASURI: COD .. roa PROCESS DESIGN CAPACITY

CODI! FOR PROC .. SSDl!SIGN CAPACITY

~ CeaeatKlla Galloa1 Per Day; Llten Per Da7; Po••• D'' u ........... llljedlo• G11loa1; Lften; Gall••• Per Day; or Lflltrs Tll

WellDl1pe1al PerDa1 Tll U.ell:Oa PerB••r; &••rt Tem Per B•r; Kfhp-.. 1

Dll La .. 111.1 Aere-feet; Bectan--ter; Acna; Ca .. le Mcten; TIJ Aalftlale Kia PerB .... ;M_T_P ... DanMdrlc

Beetares; c.Me Yan• Tl4 ........ Kim r ... Per B .. r; 8'ort THI ..... Da1; - Per Dll w.•r-.. 1 Aere1erB- TIS CHeO.n B••r. Llten Per Be•r; 1'0ecn .. Per

Dl2 CkeuDl-al GallH1 Per Day ar LlllH Per Da1 TH Bl••t Pan1ee Bo1r; .,Mnloa •111 Peru .. ,

DU Sarface l•••••••eat GaUa1; LUen; Ca•k Meters; w Cwbtc: Yards Tl7 S••llf••· MelU.a, ., R•R•l•c GaD•• Per Da1; Llten Per Da1; Pando w.,..... l'wnaee PerBoar;S .. •lt T•• Por Bou; IClletr••• Dn oc•er m..-1 A9J UllU etlf._re L-.k- TU Tltaall••.llJ ..... p.,.-r;.11.UWT_P.,.Dq~Metl'lc

Ste race; OluUe 0 .... dee Reader .,. ... Per B .. r; S ... rt T .. 1 Per Da1; at. Per

stl Caatalar Galllm•; Llten; C••lr Meten; w C•W• Yam .,.., Metlr_ Je,....la& Fanaee B••r; G.0.. Per Beu; Llten Per Bwr; .,.

llt1 T••kSt...._. c:.u ... iUtm; C-'ttt M.tH'; w C•Mc Yar4• hl.C.aU...,.Ree••<rF MU-lltaPerBHr

SH W-POe C•l>I• Yer•• •r C•l>le Meten TH Fan.aee

SN S.l'facelape .. ••••I Gall••; Llten; Cwlttc Meter•;• C•blc Y•r•• Caah1ttoa Devlee Uae<I I•

Slarqe TH T"• Recnerr or Salf•r Vala<1 Se5 DnpP .. -·: Lloen; Aern; Cftle Metcn; B-ra; er fr- Spoat S.lllrrk AcW

CalMcYo ... 1 Bal"lea AdAI faraaca

1116 c .. 1e1 .... 1 .. 1Wfac C•l>k Y-er Ca"k Melen 0t•er1 .. .-lf•nHH Sc.nae Ttl List•• Ia 4t CFR f2ff.lt

SH Otur Ster•c• A•y Ualt •fMeuara Ll1ted Bel•• Tt3

Tauaeat Tt4 Coalal•eat B•Dd .. & • ca•k Yar••; Cable Mele~; ShrtT. TH Taak Treata .. t GA!leaa Per Dar. Llltn Per Da1; Skrt Tea1 Per Tnahant •••r; Gal••• rer Jl••r; Lfunl'er

8Hr; Gal .. Per BHr; Ltten Per Bear; P••a•1 •ta Per Ben; Pe•••• Per Bnr; Sh

Per BMr; Shrt r ... Per 0.1; ll:llecr••• Per Per D•7; 1C11..,..•1 Per Bewr; Mebk T•• B••r; Metrte T••• Per J>ay; er MetrlC T••• Per Pff D•r. C.lt.•• fer D•71 Utien Per Da7;

Bowr Metric THI Per Bo•r;., Mmloa •111 Per

Tl2 S•rf•celapeH•-•t Galle•• Pn Day; Lllen Per DaJ; Shrt Toa1 Per Bear ,,...,. ... s .. r; Gah• P•,. •••r; LJten Per B••r; P••• .. Mhrel&H .. I (SalopartX~

Per Bear; A•rt Toas per Da1; ll:llel"••• Per XII ()pea •arldaclOPU Detua- AayUllltefM..,.nL~ .... -B••r; Metrle Tn1 Per De1; ar Metric T••• Per Xtl ................... ., Mert Teat Per n .. r; Metric T•• Per Be1r Bear: Sltert r ... Per 0.1; Melrfe Telil hr

TU l•daeratar s•ert T••• PerBe•r;Metrlc To• Per Be•r; Da1; P•H•• Per B•n; Kil•• .. Per G•ll••• Per B••r; Lltcn Per Bo•r; Bt• fer B••r; He•r; GaUoa1 Per B••r; Llteu Per B••r; er PeHd1 Per Bur; Skit T•• Per Day; KOoaram1 Gall•••PerD•1 Per&-, Gall- Per DaJ; Llten Per Dq; Joi- XU TMraalUalt GaD•• Per Da1; Lllen Per Do7; P-•• T•• Per Bear; er Mllll•• ••fer B••r Per Bew; Shrt Te• Pw B•r; Kh&r-•

TM Otter Traatant Galla•• Per Da7; Ultn Per D&J; PH••• Per Per RMI'; Mctrle T- Per n.,.; lletrk B••r; S••rt T••• Per Be1r; JCU11r••• Per Boar; Teas Per B••r; S•ortT•• Per D•J; Bta 'Per Metric T•• Per Day; Metric Tem Per Btwr; S•1rt BMr; er MOie• Btw Per H••r T••• tcr Da7; Bta Per B••r; Gall••• Per Dar; XM Geohal• Repe1terr Caltl• Yard1; Celtk: Metero; Aero.feet; Linn hr H•ui w llW.. BC. hr Bear Bcdl,....cCcr; G•U..s; w £Hen

Tll .. lier GaU..s; Llten; Galle" Per Beu; Llten Per Xff Oiiier sw-1 x Aa1 Uall afM..,.re Llltd •Jew BHr; Iha hr Bear, ., Mllh• lta Per Ben

U.NITOF MEASURE

U.NITOF MEAStJRE CODE

U.NITOF MEASVRE

UNITOF MEASOllE CODE

UNITOF MEAS1IRE

UNIT OF ~CODE

Galloaa.....--.. ·-·--·-·-·"·-··--·"• G Gan- Per BHr .............. _................ K Gan- Per Day................................... U 1- ... L Llta'1PerBnr ..... _ B

Uter1PerD01-------· V

EPA Fonn 8700-23 (Revised 5/2002)

&••rt T••• Per Bear .... - ........................ D Metric T••• Per Bear ............. - ......... _ W nert Tn1 Per DaJ ................. ,_,,,,,,,, N MetrlcT•1PerDa7.----- S ...... Per BM•---·---- J Kfletrua1 Per B ..... _______ •

MllllH Bia Per B .. r ...... ___ ............... x

Page 2 of 6

204

Ca"k Ya ....... _ ........... - .... ----·-· y Ce•le Melen....................................... C Acno ................................................ _ B

Aere-leet.. ---- A Beetan1.--.--.. -·----·- Q Bectare-weter-----·-- F Illa Per a ................ -.-..................... I

•

- Doc. Ex. 266 -

C1-292

• • OMB #: 2050-0034 ~ 10/31/m

EXAMPLE FOR COMPLETING Item B (shown In lne number X-1 below}: A fHlllly bu a storage tank, wtilch can hold 533.788 galonc.

8. PROCESS DESIGN CAPACITY c. (2} Unit of Process TolM Measute Number of ~COtleJ Units (1) -Amount (5-'M-

A. Une P1ucess Code

Number ~lldabow}

x f s 0 2 5 J J .7 BB G 0 0 1

f DD</ 2

o ·o5~ A. o o I 3

' 5

' 7

B

9

1 0

1 1

1 2

1 3

NOTE: I/you 11"11to"-tIJIOl8thllln13 /H'Dff'Ut:Od#, lttlM;h,,,, llddltJonlll 6'INIPJ wllh lhe"""'-lion In lhe..-fom»ttlS aboN. 11,,,,,w flte Ines~. i.ldng lnlo8"0flllt anyllnes tllllt will be used for~ pnlC8SS8S (Le., 099, S99, TIU and- In Item t.

8. PROCESS DESIGN CAPACITY

(1J Amount (1-"'J

x 1 T 0 4

1

2

J

EPA Form 8700-23 (Revised 5/2002) Page 3 of- 6

205

c. Process Tot.I

Number of Unlls

ltKltu Vrtnflcation

- Doc. Ex. 267 -

C1-293

• • OMB #: 2050.()034 El!pires 10/31/02

10. Descdpdon of Hmrdous WastM (See instructions on page 37) •

A. E!PA HAZARDOUS WASTE NUMBER - Enter the lour-digit number from 40 U:R. Patt 261 Subpart D of each listed hazardous waste handle. Fot hUltldous wutes which aN not IJsted In 40 CFR. Part 261 Subpart D, enlar the fout'-d/olt numbet(s) fn>m 40 CFR Part 261, Subpart C fltat descrfhs the~ and/OT the tmric conlamllNurfs of thOSIJ hazatdou$ .......

B. ESTlllATEDANNUAL QUANl1TY. Forettch lisf8dWllSMenlenld lnt»lumn A, esflmnl the quantilyolthetWllSM lltatwlll be handled on an annual bashl. For 9cft characarfstlc w toxlC ~laminant entered In column A, estlmatlll the total annual quantity of •II the non-llsted-ste(s} that will be handled which possess tltat che""*"6tk: or contaminant

C. UNIT OF MEASURE - Fot each quanlly enlrnd In column 8, ..,.,. the unit of-..-coda. Units ol musurw 'fllltlcll must be ,..,, and the ~coda ... :

ENGLISH UNIT OF MEASURE CODE METRIC UNIT OF MEASURE CODE

POUNDS p KILOGRAMS K

TONS T METRIC TONS M

lffac:Blfyrecords ,_myolherunlfof°wforquanttty, the units almeasin must be comltlttd lnto-of°the l'flqUhdunlls °',....... tlll<lnfl Into account the appioprla'8 denalfy w specific gravity of the waste.

D. PROCESSES

1. PROCESS CODES:

Fotlldad ,...,.._ wasla: Fot~lbded ,_.,_ _..enfantdlncolamnA..iectlHtc:ocfa(s)hm lhe6dofp#OCtJJSScodesr:op&81ned In llems IA •nd IA on page 3 to lndlcatlll the waste will be stated, treated, and1Mdhrpo$ed et the facllty.

Fornon-llstedhaZMdouswaste: ForMChr:harat:twlsticwtoxlccontamlnantenfel&dlncolumnA.llelectthecode(s)fn>mthel1$1ofpt'OCtlSS codes COldalned In llJems IA and Mon page 3 to lndlcnl .. thefllucesses tltatwll beusedtostoR. ~ ancVordisposeof .. the non-listed llawdoas ~ ,,.., poaaeu ,,.., challlderisllc "'toldc contaminant

NOTE: THREE SPACES ARE PROVIDED FOR ENTERING PROCESS CODES. F llORE ARE NEEDED:

1. Enw the lrst two u described above. • 2. EnW '"GOO" In the axfNme """'6'W of Item 1AD(1). .1 Use addltlonal sheet. entw lne,,,.,,., lhlm pnwlous Meet •nd entw additional code(•}"' ,,_ 10.£

2. PROCESS DESCRtPTIOH: Ir a code Is nof listed for a process thllf wllf be used, descrlbe the ~ In lhNn 10.0(2) or In ft8m 10.E(2).

NOTE: HAZARDOUS WASJE'S DESCRIBED BY MORE THAN ONE EPA HAZARDOUS WASTE NUMBER· Huwdous ll&Sfetl that can be deM:#'lbed by"""" tJMn OtM EPA HuMrlous W_., N"""1M #MN be dttst:tilH#l on Mte /omf • bllows:

1. S.tectw oft/HI EPA Haurdom W..Numbets andenferlt In column A. On llte same lne c°"""8fe~ 8, Cand Dby........,,.,, the loflll ........ ........, oftM ... and~ .. the ,,,_sas lo be....., ... tut, .eor-. 4lftdlor"dlsposeof the ......

2. In column A of the nut Une enter the other EPA Hazardous Waste Numba" that CM be used to describe tlt8 waste. In column D(Z) on that line enter "Included with •bove" •nd mat. no of#Hw ent1as on thltt /Ina.

.1 Repeet ... 2 forf»l:lr EPA Hazardoa$ WasN Number that can be used to describe Iha hazardOus .....

EXAlfPtE FOR COIPLEmlG n.m 10 (shown lnllM numbers )(-f, X-2, X-3, Md X-4 belowJ -A fdffywll fnletanddfspoM of•n ....... Nd 900 pounds per yearolchtoma dNwlnga lhNn lutlw tannlnfl and finishing opentlons. In addlflon, the fadlltywlll tl'Nt •ndd#pase ofthrff non-ls1ed waates. TM» WUf9s .,. COf10ISlw only and thel9 wRI be an edmated 200 pounds per ,_r of each waste. Tiie alter waste Is corrosive and ..,..,. and,,.,.. wll be an esllmated 100 pofllw# per year of that waste. rn.tment •be In an lndnal.,_.111111 ,.._,,, wll be In • lltndfll.

A. B. D. PROCESSES EPA Estimated c.

Haulrdous Annual Unit of Une Waste No. Quantify Measure (2} PROCESS DESCRIP110N

Nlltllbtw (Enter code} ofW.... (Entwcode} (1} PROCESS CODES (Enter code# {If. code I! not """"""In D(1)}

x 1 K 0 5 4 900 p T 0 3 D 8 0

x 2 D 0 0 2 400 p T 0 3 D 8 0

x 3 D 0 0 1 100 p T 0 3 0 8 0

x ' D 0 0 2 Included With Above

EPA Form 8700-23 (Revised 5/2002) Page 4 of 6 • 206

- Doc. Ex. 268 -

C1-294

• • OMB #: 2050-0034 &pires 1001/02

10. Description of~ Wastl!s (Cottllnued; uselldditi-1 alleets a necessalM

A. B. D. PROCESSES

EPA Estlmaflld c. Hazardous AnnrM/ Unit of

Une Was19No. Qu9ldlly lfelsunr (2) PROCESS DESCRIP110N Number (Enter code} ofWnte (Enter code} (1} PROCESS CODES (Enlw code} (If• code ls not enteted In D(f})

1 r--:-oor L/DO K D 80 * 2

3

" 5

• 7

8

9

1 0

1 1

1 2

1 3 I

1 " 1 5

1 6

1 7

1 8

1 9

2 0

2 1

2 2

2 3

2 4

2 5

2 • 2 7

2 I

2 9

3 0

3 1

3 2

3 3


207

- Doc. Ex. 269 -

C1-295

. . . • • •

OMB #: 2050-0034Expires10/31102

11. Map (See Instructions on page 38) ---._____---------~ Attach to this ap;Jicatlon a topographic map, or other equivalent mep, of the area extending to at least one n'ile beyond property botlrdaries. The map must slow the outline of the facility, th& location of each d its existing and proposad intake am discharge structllfls, each of/ts hazardous waste treatment. stotage, or aisposal facilities, and each wall whem it Injects Blids underground. Include an springs, rivers and aher surface water bodies In this map al9e. See /nst/IJctions for precise reqtirernents.

12. FacllltyDrawlng (See Instructions on page 39)

AH existing facllltles must include 11 scale drawing af the facility (sae instructions for more detail).

13. Photographs (See Instructions on page 39) .

All existing faclfdles must Include photographs (serial er grounrUevel) that clearly del/naae al/ existing structures; existing storage, treatment and disposal areas; and sites of future storage, treatment or dispose/ areas (sea Instructions for more detail).

14. Comments (See Instructions on page 39)

Item & - Faclllty Existence Data Current hazardous waste compliance activities for the facirlty, including this amended Part A application, are a result of the Administrative Order on Consent entered between Winston Mills, Inc. and the North Carolina ·Department of Environment, Health, and Natural Resources on August 29, 1990. The date of commencement of hazardous waste operations at the facility, as requested in Item 5 of the Part A application, does not readily apply to this specific hazardous waste compflance activity. The following passage from the •stipulations and Rndings of Fact,• as contained In the Administrative Order on Consent, more accurately depicts the date of hazardous waste activity at the facility: ·

"The Hazardous Waste Section allows that prior to April 1985, as part of a dry cleaning process at the site, the prior owner/operator of the Asheville Dyeing & Finishing site utilized a raw material underground storage tank and a hazardous waste underground storage tank, both for the storage of tetrachloroethylene. In April 1985, the tanks were removed. Soil samples were collected from the bottom of the tank pits and analyzed by Environmental Testing, Inc. for the presence of solvents. Sample analysis results indicated detectable levels of 1 , 1,2-trichloroethytene in the soil beneath the tanks. In addition, approi<imately 14 years ago, an alleged spill of solvent by the previous owner/operator, consisting primarily of tetrachloroethylene occurred at the facility· and it is believed that some of the solvent entered. 8-inch drain pipe and followed this pipe to Bee Tree Creek, approximately 1, 100 feet east of the plant building. Most the solvent reportedly entered the ground. In 1988, Westinghouse En~ronmental Services collected soil samples the site. The samples were analyzed by Industrial and Environmental Analysis, Inc. for volatile organics. Three hazardous constituents were reported in the results: acetone, mathylene chloride, and tetrachlo~oethylene. From .the alleged actions of the previous owner/operator, the trichloroethylene, tetrachloroethylene, and methylene chloride contamination in soils at the site constitutes either the disposal of listed hazardous wastes (F001, F003) or the presence of hazardous constituents, as defined in 40 CFR 260.10, codified at 10 NCAC 10F.0002 and 40 CFR 261, codified at 10 NCAC 10F.0029. F-or the purpose of this order, the Waste Management Unit (the Unit) is the hazardous waste underground storage tank described above. The facility neither admits nor denies ~ny of the allegations set out In this paragraph."

This amended Part A application,· as filed herein, addresses the underground storage tank pit area where waste tetrachloroethylene was fonnerly stored.

Items 8 end 10 - Plocea Codes end De!igr! Capebl!ltles VOIUme of 080 1ane1n11 based on estimated dimensions of former underground srorage tank pit of 1 o ft x 20 n x 1 o tt deep.

Item 108 - Oescrlptlon of Hazardous Wastas Estimated quantity of waste based on assumption of maximum 1, 1,2-trichloroethylene concentration in soil of 1 mg/Kg over a 10 ft. x 20 ft. x 1 ft. deep area (i.e. soil immediately underlying previous underground storage tank). This waste represents leakage or spillage associated with operation of an underground storage tank taken out of service in March 1985. The estimated quantity is a conservative, cumulative total of trichloroethylene potentially present in subsurface soils. No additional trichloroathytene wastes are being or will be generated.

Item 11 - Map According to •Geology and Groundwater Resources of the Asheville Area, Nonh Carolina" (Trapp, 1970), four privately-owned wells are located within the immediate vicinity of the facility. Two of these wells are reported to be observation wells; use of the remaining two wells is not identified. However, none of the wells are located within %-mile of the facility. The C.D. Owens Company, located within %-mile of the facility, owns several wells on its property; however, these wells are reponedly no longer in use.

----~~~~~~~~~··

EPA Form 8700-23 (Revised 5/2002} Page 6 of 6

208

- Doc. Ex. 270 -

C1-296

- Doc. Ex. 271 -

C1-297

C1-298

211

- Doc. Ex. 273 -

C1-299

.. • • RCRA Part A Permit Application

Asheville Dyeing & Finishing Facility Swannanoa, North Carolina

View looking east. Management Unit located within fenced area.

212 1-. ....... ________ ~

•

•

•

- Doc. Ex. 274 -

C1-300

•

•

••

Exhibit D-2 2006-04-20 - Part A Permit


213

- Doc. Ex. 275 -

C1-301

11 llNERAL SPRINGS

environmental, p.c. 4600 Mineral Springs Lane• Raleigh, NC 27616 • 919.261.8186 •Fax 919.261.8299.

Aprif20,2006

Mr. Jim Edwards North Carofina Department of Environment and Naturat Resources Division of Waste Management Hazardous Waste Section 1646 Mail Service Center Raleigh, North carolina 27699-1646

Reference: 2005 Hazardous Waste Report Fonner Asheville Dyeing And Finishing Swannanoa, North carolina EPA ID # NCO 070 619 663 MSEJob # 123

Dear Mr. Edwards:

Please find attached two copies and one original 2005 Hazardous Waste Report for the above referenced site. If you should have questions or require additionaJ infonnation, • please do not hesitate to call me at 919-261-8186

Sincerely, Mineral Springs Environmental

lfv.h 8. rlott~ Kirk B. Pollard President

Cc: John Coyne: Water Applications & Systems Corporation Steve Pegg: Anvil Knitwear Inc.

214

- Doc. Ex. 276 -

C1-302

•

•

..

SEND COMPLETED FORM TO: The Appropriate State or EPA Regional Office.

1. Reason for Submittal ·

(See Instructions on page 9)


2. Site EPA ID Number (page 10)

3. SlteName

(page 10)

4. Site Location

Information (page 10)

5. Site Land Type

(page 10)

6. North American

Industry Classification

--------·--·····--

OMS#: 2050-0024 Expires 10/3112007


RCRA SUBTITLE C SITE 1DENTIFICATION FORM


0 To provide Initial Notification of Regulated Waste Activity {to obtain an EPA ID Number for hazardous

waste, universal waste, or used oil activities)

}(To provide St.tbsequent ~otmcatlon of Regulated Waste A~tivily (to update site identification information)

D As a component of a first RCRA Hazardous Waste Par:t A Permit Application

0 As a component of a Revised RCRA Hazardou~ Waste Part A Permit Application (Amendment # _)

Q As a component Of the Hazardous Waste Report

EPA ID Number

Name:

hJYMt:.Y

County Nam~: 76 Sita ~and Type: !!(Private 0 County 0 District 0 Federal 0 Indian 0 Otlier

A. B.

System (NAICS) C. D. Code(s} for the Site {page 10)

7. Site Mailing

Address {page 11)

8. Site Contact

Person (page 11)

9. Operator and

Legal Owner of the Site

(pages 11and12)

Street or P. o. Box:.

State:

Country: Zip Code; Z.6 118 Ml: Last Name:

E-mail address:

0 Federal 0 Indian

EPA Form 8700-13 AJB (Revised 10/2005}Page 1 of 3

- Doc. Ex. 277 -

C1-303

9. Legal OWner (Continued)

Address State:

Country:

10. · Type of Regulated Waste Activity

OMB#: 2050-0024 Expires 1013112007

Zip Code:

Mark "Yes" or "No" for all activities; complete any additional boxes as Instructed. (See instructions on pages 13 to 16.)

A. Hazardous Waste Activities

Complete all parts for 1 through 6.

y O N 0 1. Generator of Hazardous Waste If "Yes", choo$e only one oflhe followlng ·a, b, or c.

0 a. LQ~: Greater than 1,000 kg/mo (2.200 lbs.Imo.) of non-acute hazardous waste; or

0 b. SOG: 100 to 1,000 kg/mo {220 - 2,200 lbs.Imo.) of non-acute hazardous waste; or

0 c. CESQG: less than 100 kg/mo (220 lbs.Imo.} of non-ac\,lte hazardous waste

In addition, indicate other ge.nerator activities.

Y 0 N 0 d. United States Importer or Hazardous Waste

y d N a e .. Mixed Was~e (hazardous a.nd radioactive} Generator

B. Universal Waste Activltles

Y 0 N )(1. Large Quantity Handler of Universal Waste (accumu!a1e

5,000 kg or more) [refer to yoµr Slate regulations to .

determine what Is regulated]. Indicate types of universal

waste generated and/or accumulated at your site. If "Yes''. mark all boxes that apply:

Generate Accumiilate

a. Batteries 0 0

b. Pesticides 0 0

c. Thermostats 0 0

d. Lamps 0 0

e. Other (specify) 0 0

f. Other {specify) 0 0

g. Other (specify) 0 0

Y 0 N JI(' 2. Destination Facility for Universal Waste Note: A hazardous waste permit may ba required for this activity.

C:PA. Form 8700·13 AJB (Revised 10/2005)

216

Y 0 N 0 2. Transporter of Hazardous Waste

Y;{N 0 3. Treater, Storer, or Disposer of

Hazardous Waste (at your site) Note:

A hazardous waste permit is required for this activity.

Y 0 N 0 4. Recycler of Hazardous Waste (at your.

site)

Y 0 N 0 5. Exempt Boiler and/or lndustrial

Furnace

If "Yes", mark each that applies .

0 a. Small Quantity On-site Burner Exemption

0 b. Smelting, Melting. and Relining Furnace Exemption

Y 0 N 0 6. Underground lnjectic:m Control

C. Used Oil Activities

Mark all boxes that apply.

YO Nt(1. Used Oil Transporter

If "Yes", mark each thatapp!les. 0 a. Transporter


Y 0 NW° 2. Used 011 Processor and/or Re-refiner

If "Yes", mark each that applies.

0 a. Processor

· 0 b .. Re-refiner··

Y 0 NJ{ 3. Off-Specification Used 011 Bomer

YO N.)(4. Used Oil Fuel Marketer If "Yes", mark each that applies.

0 a. Marketer Who Directs Shipment of Off-Specification Used Oil to Off-SpecifJCatlon Used Oil Burner

0 b. Marketer Who First Claims the Used Oil Meets the Specifications

Page 2of3

•

•

- Doc. Ex. 278 -

C1-304

4 ., " ..

·- ·: -..

• EPA ID NO: tfi1C-{iJi 101110116'1) 1% 1W1fo131 OMS#: 2050-0024 Expires 10/31/2007

•

•

11. Description of Haza.rdous Wastes (See instructions on page 17.)

A. waste Codes for Federally Regulated Hazardous Wastes. Please list the waste codes of the Federal hazardous wastes

handled at your site. Listthern in 1he order they are presented in the regulations (e.g., 0001, 0003, F007, U112). Use an

additional page if more spaces are needed.

00

B. Waste Codes for State-Regulated (i.e., non-Federal) Hazardous Wastes. Please list-the waste codes of the State-regulated

hazardous wa~tes handled at your site. List them in the order they are presented in the regulations. Use an additional page if

more spaces are needed for waste codes.

12. Comments (See Instructions ott page 17.)

13. Certification. I ce.rtify under penalty of law that this document and ali attachments were prepared under my direction or supe'rvision

in accordance with a system designed to assure that ~ualified.personnel property gather and evaluate the information submitted. Bi:ised

on my inquiry of the person or persons who manage the syste.m, or those persons directly responsible for gathedng the information, the

information submitted is. to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information. including the possibility of fine and imprisonm·ent for knowing violations. (See instructions on page 17.)

Name and Official Title (type or print)

EPA Form 8700-13 NB (Revised 10/2005)

217

Date Signed

(mm/dd/yyyy) .

Page 3 of 3

- Doc. Ex. 279 -

C1-305

Exhibit D-3 2008-09-18 - Part A Permit


218

•

•

•

- Doc. Ex. 280 -

C1-306

•

SEND COMPLETED

FORM TO:

The Appropriate State or

EPA Regional Office.

1. Reason for Submittal (See instructions on page 14.)


2. Site EPA ID Number (page 15)

3. Site Name (page 15)

4. Site Location Information (page 15)

5. Site Land Type (page 15)

6. North American Industry Classification System (NAICS)

Code(s) for the Site (page 15)

7. Site Mailing Address (page 16)

8. Site Contact Person (page 16)

9. Operator and Legal Owner of the Site (pages 16 and 17)

B#: 2050-0034 Expires 11 /30/2005

United States Environmental Protection Agency };~~~"?.:r~> ~ RCRA SUBTITLE C SITE IDENTIFICATION FORM . '·· :.Re~d \~1,\

. '.,_'. .· 'l:r~J ~~ J Reason for Submittal: \::,;., "Wa~; !:'ij IJ To provide Initial Notification of Regulated Waste Activity (to obtain an EPA ID N~r for fla~~ /

, . .t' , ._ I waste, universal waste, or used oil activities) · '...~/fr,·• . ,..·'°!;;: "

jf. If!• ,,..i.1""tt ..... · i!.'-'uLS":l':.----... IJ To provide Subsequent Notification of Regulated Waste Activity (to update site identificati~ati6n)

IJ As a component of a First RCRA Hazardous Waste Part A Permit Application

J( As a component of a Revised RCRA Hazardous Waste Part A Permit Application (Amendment# ___J

IJ As a component of the Hazardous Waste Report

EPA ID Number

Name:

(;; rfYle,v

County Name: B tLJ1 t.OM b C- Zip Code: Z 'B 7 7

Site Land Type: ll(Private 0 County O District D Feder;:il D Indian D Municipal D State D Other

A. B. 12_1_/ 1_3_1-2_1~1_{_1· 1.2_1_/_1_a_1_2_1_I I Z--1

c. D. 1_1_1_1_1_1_1 1_1_1_1_1_1_1

Street or P. 0. Box: '2..6 J City, Town, or Village: ,:S State: JJ {!_

Country: Zip Code:, 2817B First Name: Lo Ye n Ml: Last Name: Lo_ n fG y

Phone Number: Email address://[email protected]/~C()/nt. Nf

Date Became perato (mm/dd/yyyy): q 3o ioo

D Indian D Municipal D State 0 Other

B. Name of Site's Legal Owner: Date Became Owner (mm/dd/yyyy):

y 2.008 D District D Federal D Indian D Municipal D State 0 Other

EPA Form 8700-23 (Revised 3/2005) Page 1of3

219

- Doc. Ex. 281 -

C1-307

EPA ID 'No: I N 1_£__1]2_11~1_1.._9_1 1_{e_1_/ 1_1_1 1!€_1~1~1 B#: 2050-0034 Expires 11/30/2005

9. Legal Owner

(Continued)

Address


City, Town, or Village: 6£-0tt..nn etnO

State:

Country: un toM ~

10. Type of Regulated Waste Activity

ZipCode: Z.B 18

Mark"Yes" or "No" for all activities; complete any additional boxes as instructed. (See instructions on pages 18 to 21.)



Y 0 N 0 1. Generator of Hazardous Waste

If "Yes", choose only one of the following - a, b, or c.

Ji{ a. LQG: Greater than 1,000 kg/mo (2,200 lbs.Imo.) of non-acute hazardous waste; or

0 b. SQG: 100 to 1,000 kg/mo (220- 2,200 lbs.Imo.) of non-acute hazardous waste; or

0 c. CESQG: less than 100 kg/mo (220 lbs.Imo.) of non-acute hazardous waste

In addition, indicate other generator activities.

Y 0 N D d. United States Importer of Hazardous Waste

Y 0 ND e. Mixed Waste (hazardous and radioactive) Generator

8. Universal Waste Activities

Y 0 N 0 1. Large Quantity Handler of Universal Waste (accumulate

5,000 kg or more) [refer to your State regulations to

determine what is regulated). Indicate types of universal

waste generated and/or accumulated at your site. If "Yes",

mark all boxes that apply: Generate Accumulate

a. Batteries 0 0

b. Pesticides 0 0

c. Thermostats D Cl

d: lamps D D

e. Other (specify) Cl Cl

f. Other (specify) Cl 0

g. Other (specify) D 0

Y 0 N Cl 2. Destination Facility for Universal Waste Note: A hazardous waste permit may be required for this activity.


220 ---~-------------···-. - .. - ......... .

YON Cl 2. Transporter of Hazardous Waste

Y O N Cl 3. Treater, Storer, or Disposer of


A hazardous waste permit is required for

this activity.

Y Q N D 4. Recycler of Hazardous Waste (at your

site)

Y O N Cl 5. Exempt Boiler and/or Industrial

Furnace If "Yes", mark each that applies. D a. Small Quantity On-site Burner

Exemption O b. Smelting, Melting, and Refining

Furnace Exemption

Y O N Cl 6. Underground Injection Control

C. Used Oil Activities Mark all boxes that apply.

Y O N O 1. Used Oil Transporter

If "Yes", mark each that applies. D a. Transporter D b. Transfer Facility .

Y 0 N 0 2. Used Oil Processor and/or Re-refiner If "Yes", mark each that applies.

D a. Processor D b. Re-refiner

Y D N 0 3. Off-Specification Used Oil Burner

Y D N O 4. Used Oil Fuel Marketer If "Yes", mark each that applies. D a. Marketer Who Directs Shipment of

Off-Specification Used Oil to Off-Specification Used Oil Burner

Cl b. Marketer Who First Claims the Used Oil Meets the Specifications

Page 2 of 3

- Doc. Ex. 282 -

C1-308

•

•

.. ~

E'PA ID 1

NO: l_~_l .. k.JJ2._11_Q_1_19_11~1l_1!!_11_!e _ _1~1~1 8#: 2050-0034 Expires 11/30/2005

11. Description of Hazardous Wastes (See instructions on page 22.)

A. Waste Codes for Federally Regulated Hazardous Wa.stes. Please list the waste codes of the Federal hazardous wastes

handled at your site. List them in the order they are presented in the regulations (e.g., 0001, 0003. FOO?, U112). Use an

· additional page if more spaces are needed.

F-oo

B. Waste Codes for State-Regulated (I.e., non-Federal) Hazardous Wastes. Please list the waste codes of the State-regulated

hazardous wastes handled at your site. List them in the order they are presented in the regulations. Use an additional page if

more spaces are needed for waste codes.

12. Comments (See instructions on page 22.)

:£/<./Yr B .

Jt,_lr Mtt-h>t j ~~ ~houid Ve .6e4tf -lo ~~ !/~ ~c,, k of tAtlJtUJll -fiUAl,/af_ a;JaiA.5 . /;lj~ ~iafldn::i 4 ~ t!,orf!'i'tt-./wiLJ WIHW L<-C t-J&oD WoA.1tJI f/oushn_ W-w~ J ~ /OO Hou.:s/vnj ~cuY. 7703~ . :I~ ltP.A. t.•.WE b\'5..)~ Wn\-\IHE: :DE5t~101'J AS 11l-Ci(G'"'

t tx5P\.7l'E'll<E ASSBZ:rro"-.) ---rnA.-r. WC:- c.u~ GEN~~IAAN

ou _w~ rr 13. Certification. I certify under penalty of law that this document and all attachments were prepared under my direction or supervision

in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based

on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the

information submitted is, to the best of my knowledge and belief. true, accurate, and complete. I am aware that there are significant

penalties for submitting false information. including the possibility of fine and imprisonment for knowing violations.

For the RCRA Hazardous Waste Part A Permit Application, all operator(s) and owner(s) must sign (see 40 CFR 270.10 (b) and 270.11 ).

(See instructions on page 22.)

Signature of operator, owner, or an

· authorized representa ·ve Name and Official Title (type or print)

•L--~~-L-~~~~~---~ EPA Form 8700-23 (Revised 3/2005) Page 3 of 3

221

- Doc. Ex. 283 -

C1-309

' • . • EPA ID NO: 1~1~1_12_1 1_Q_1_1_1~1 1iP_1_l_13_1 l~._l-~ _ _1__2_1 OMB #: 2050-0034 Expires 11/30/2005

1. Facility Permit

Contact (See

instructions on

page 23)

2. Facility Permit

Contact Mailing

Address (See

instructions on

page 23)

3. OperatorMailing

Address and

Telephone Number

(See instructions on

page 23)

4. Legal Owner Mailing

Address and

Telephone Number


page 23)

5. Facility Existence

Date (See instructions

on page 24)


HAZARDOUS WASTE PERMIT INFORMATION FORM

Fi~;}~e,/A 'Ml: Last Name: J-1 URA-~ Phone Number: -J Phone Number Extension:

632.- ~00 - 51 Jq Street or P.O. Box: Jf /.p OO

tJovLd l-lo11~ hx 16J,Jo111111 ~ j(){) City, Town, or Village: J-/o US -/tJJt._ (J /

State: -re "t,/1 <; Country:

USA Zip Code:

'71032-Street or P.O. Box:

4&oo lUoYLd flous-hn ·~hi )/il.J ~11h) /~{) City, Town, or Village:

!-lo/) !'\. -/cJt ) u ~

State:

-r~ Country:

U-5/t Zip Code:

.. '7103?-Phone Number q

R32- 3DD- 51! Street or P.O. Box:

8u~)(.e~e Cove Rd 2-5/ City, Town, or Village: v

.. ~u) fl M /}( 11 ?LO~ State:

NC-Country: lJ:5 11

Zip Code:

c;l BTJB Phone Number B'ZB- d,_qp, ... 1510

Facility Existence Date (mm/dd/yyyy):

6ee. t-km 11 6. Other Environmental Permits (See Instructions on page 24)

A. Permit Type B. Permit Number C. Description

(Enter code)

~ ~ - 0 z. J - q q 1),<.h.-i.A /"J, 1o /vf:5 n ~ "15llAC..C-Drrtbe-( .JJ 1.1 M f./); .v '

F. L - D ~ ·i::; ~ux&:mUhe f fiu.M...itA. Ha?/H .... ~CJ11<. /J)a.5../e Ltt'P.M~../ 0

7. Nature of Business (Provide a brief description; see instructions on page 24)

B uLld.tAt..~ A,c,J c ~ tto- v-tt_ o.C1At.


222

• -·

•

•

- Doc. Ex. 284 -

C1-310

,.

• EPA ID NO: 1.li_1 ~ I D 1£1_l_1_Q_1 1.!E__1j__1!/_1 1k_1~1_2_1 OMB #: 2050-0034 Expires 11/30/2005

•

rocess Codes and Design Capacities (See instructions on page 24) - Enter information in the Sections on Form Page 3. ·

. PROCESS CODE - Enter the code from the fist of process codes in the table below that best describes each process to be used at the facility. Fifteen

lines are provided for entering codes. ff more fines are needed, attach a separate sheet of paper with the additional Information. For "other"

processes (i.e., D99, S99, T04 and X99), enter the process information in Item 9 (including a description).

B. PROCESS DESIGN CAPACITY- For each code entered in Section A, enter the capacity of the process.

1. AMOUNT· Enter the amount. In a case where design capacity is not applicable (such as in a closure/post-closure or enforcement action) enter

the total amount of waste for that process.

2. UNIT OF MEASURE ·For each amount entered in Seetion 8(1), enter the code in Section 8(2) from the list of unit of measure codes below that

describes the unit of measure used. Select only from the units of measure in this list.

C. PROCESS TOTAL NUMBER OF UNITS - Enter the total number of units for each corresponding process code. PROCESS PROCESS CODE

Disposal:

D79 Underground Injection Well Disposal

DSO Landfill

DSJ Land Treatment

D82 Ocean Disposal

D83 Surface lmpoundment Disposal

D99 Other Disposal

Storage:

SOI Container

S02 Tank Storage

SOJ Waste Pile

Surface lmpouridment Storage

sos Drip Pad

S06 Containment Building Storage

S99 Other Storage

~:

TOI Tank Treatment

T02 Surface lmpoundment Treatment

TOJ Incinerator

T04 Other T.reatmcnt

TSO Boiler

APPROPRIATE UNITS OF MEASURE. FOR PROCESS DESIGN CAPACITY

Gallons; Liters; Gallons Per Day; or Liters Per Day

Acre--feet; Hectare-meter; Acres; Cubic Meters; Hectares; Cubic Yards

Acres or Hectares

Gallons Per Dey or Liters Per Day

Gallons; Liters; Cubic Meters; or Cubic Yards

Any Unit of Measure in Code Table Below



Cu hie Yards or Cubic Meters

Gall-Ons; Liters; Cubit Meten; or Cubic Yards

Gallons; Liters; Acres; Cubic: Meters; Hectares; or Cubic Yards

Cubic Yards or Cubic Meters


Gallons Per Day; Liters Per Day

Gallons Per Dey; Liters Pcr Day

Short rons Per Hour; Metric Tons Per Hour; Gallons Per Hour; Liters Per Hour; Btu Per Hour; Pounds Per Hour; Short Tons Per Day; Kilograms Per Hour; Gallons Per Day; Liters Per Day; Metric Tons Per Hour; or Million Btu Per Hour

Gallons Per Day; Liters Per Day; Pounds Per Hour; Short Tons Per Hour; Kilograms Per Hour; Metric Tons Per Day; Metric Tons Per Hour; Short Tons Per Day; Btu Per Hour; Gallons Per Day; Liters Per Hour; or Million Btu Per Hour

· Gallons; Liters; Gallons Per Hour; Liters Per Hourj Btu Per Houri or Million Btu Per Hour

PROCESS CODE

TSI T82 T83 T84 T85 T86

T87

T88

T89

T90 T91

T92 v.13

T94

XOI

X02

X03

X04

X99

PROCESS

Treatment (continued):

Cement Kiln Lime Kiln Aggregate Kiln Phosphate Kiln Coke Oven Blast Furnace

Smelting, Melting, or Refining Furnace Titanium Dioxide Chloride Oxidation Reactor Methane Reforming Furnace Pulping Liquor Recovery Furnace Combustion Device Used Jn The Recovery Of Sulfur Values From Spent Sulfuric Acid Halogen Acid Furnaces Other Industrial Furnaces Listed In 40 CFR §260.10

Containment Building -Treatment

Miscellaneous !Subpart XJ:

Open Burning/Open Detonation Mechanical Processing

Thermal Unit

Geologic Repository

Other Subpart X

APPROPRIATE UNITS OF MEASURE FOR PROCESS DESIGN CAPACITY

ForTSl-v.13:

Gallons Per Day; Liters Per Day; Pounds Per Hour; Short Tons Per Hour; Kilograms Per Hour; Metric Tons Per Day; Metric Tons Per Hour; Short Tons Per Day; Btu Per Hour; Liters Per Hour; Kilograms Per Hour; or Million Btu Per Hour

Cubic Yards; Cubic Meters; Short Tons Per Hour; Gallons Per Hour; Liters Per Hour; Btu Per Hour; Pounds Per Hour; Short Tons Per D·ay; Kilograms Per Hour; Metric Tons Per Day; Gallons Per Day; Liters Per Day; Metric Tons Per Hour; or Million Btu Per Hour


Short Tons Per Hour; Metric Tons Per Hour; Short Tons Per Day; Metric Tons Per Day; Pounds Per Hour; Kilograms Per l:lour; Gallons Per Hour; Liters Per Hour; or Gallons Per Day

Gallons Per Day; Liters Per Day; Pounds Per Hour; Short Tons Per Hour; Kilograms Per Hour; Metric Tons Per Day; Metric Tons Per Hour; Short Tons Per Day; Btu Per Hour; or Million Btu Per Hour

Cubic Yards; Cubic Meters; Acre-feet; .Hectare-meter; Gallons; or Liters

Any Unit of Measure Listed Below

UNITOF MEASURE

UNITOF MEASURE CODE

UNIT OF MEASURE

UNIT OF MEASURE CODE

UNITOF MEASURE


Gallons................................................. G Gallons Per Hour................................ E Gallons Per Day................................... U Liters..................................................... L Liters Per Hour.-.................................. H Liters Per Day...................................... V


Short Tons Per Hour ............................. D Metric Tons Per Hour.......................... W Short Tons Per Day............................. N Metric Tons Per Day ............................ S Pounds Per Hour................................. J Kilograms Per Hour ............................. · R Million Btu Per Hour ............................ X

Page 2 of6

223

Cubic Yards.......................................... Y Cubic Meters........................................ C Acres.................................................... B Atre-reet.............................................. A Hectares............................................... Q Hectare-meter...................................... F Btu Per Hour........................................ I

- Doc. Ex. 285 -

C1-311

e EPA ID NO: 1_&_1~112_1 1_Q_1_]_1_Q_1 1~1_}_1_!11 1_.k_1_k_12_1 OMB #: 2050-0034 Expires 11/30/2005

8. Process Codes and Design Capacities (Continued)

EXAMPLE FOR COMPLETING Item 8 (shown in line number X-1 below): A facility has a storage tank, which can hold 533.788 gallons.

Line Number

x 1

1

2

3

4

5

6

7

8

9

0

1

2

3

1 4

1 5

A.

Process Code (From /Isl above)

s 0 2

'])_ D g

B. PROCESS DESIGN CAPACITY

(1) Amount (Specify)

53 3.788

(2) Unit of

Measure (Enter code)

c.

NOTE: If you need to list more than 15 process codes, attach an additional sheet(s) with the information in the same format as above. Number

the lines sequentially, taking into account any lines that. will be used for "other" processes (i.e., D99, S99, T04 and X99) in Item 9.

9. Other Processes (See instructions on page 25 and follow instructions from Item 8 for 099, S99, T04 and X99 process codes)

Line

Number (Enter#s In

sequence

wntrltemB)

x 2

A. Process Code (From lisl above)

T 0 4

B. PROCESS DESIGN CAPACITY c. 1-------------------..--,-

2,-U-n-it_o_f_--i Process Total

Measure Number of (1) Amount (Specify} (Enter code) Units

100.000 u 0 0 1

EPA Form 8700-23 (Revised 3/2005) Page 3 of6

224

D. Description of Process

In-situ Vitrification

•

- Doc. Ex. 286 -

C1-312

I •

EPA ID NO: 1!{_1_.f_1}2_11_Q_1_1_1_Q_1 1_fg _ _1L1!1_1 1~1_k_1_2_1 • OMB #: 2050-0034 Expires 11/30/2005

... Description of Hazardous Wastes (See instructions on page 25) • Enter infonnation in the Sections on Form Page 5 .

• ~. EPA HAZARDOUS WASTE NUMBER - Enter the four-digit number from 40 CFR, Part 261 Subpart D of each listed hazardous waste you will handle.

For hazardous wastes which are not listed in 40 CFR, Part 261 Subpart D, enter the four-digit number(s) from 40 CFR Part 261, Subpart C that

describes the characteristics and/or the toxic contaminants of those hazardous wastes.

B. ESTIMATED ANNUAL QUANTITY - For each listed waste entered in Section A, estimate the quantity of that waste that will be handled on an annual

basis. For each characteristic or toxic contaminant entered In Section A, estimate the total annual quantity of all the non-listed waste(s) that will

be handled which possess that characteristic or contaminant.

C. UNIT OF MEASURE • For each quantity entered in Section B, enter the unit of measure code. Units of measure which must be used and. the

appropriate codes are:

ENGLISH UNIT OF MEASURE CODE

POUNDS p

TONS T

METRIC UNIT OF MEASURE

KILOGRAMS

METRIC TONS

CODE

K

M

If facility records use any other unit of measure for quantity, the units of measure must be converted into one of the required units of measure, taking

into account the appropriate density or specific gravity of the waste.

D.PROCESSES

1. PROCESS CODES:

For listed hazardous waste: For each listed hazardous waste entered in Section A, select the code{s) from the list of process codes contained

in Items BA and 9A on page 3 to indicate all the processes that will be used to store, treat, and/or dispose of all the listed hazardous wastes.

For non-listed hazardous waste: For each characteristic or toxic contaminant entered in Section A, select the code(s) from the list of process

codes contained in Items BA and 9A on page 3 to indicate all the processes that will be used to store, treat, and/or dispose of all the non-listed

hazardous wastes that possess that characteristic or toxic contaminant.

NOTE: THREE SPACES ARE PROVIDED FOR ENTERING PROCESS CODES. IF MORE ARE NEEDED:

1. Enter the first two as described above. 2. Enter "000" in the extreme right box of Item 10.D(1).

3. Use additional sheet, enter line number from previous sheet, and enter additional code(s) in Item 10.E.

2. PROCESS DESCRIPTION: If a code is not listed for a process that will be used, describe the process in Item 10.D(2) or in Item 10.E(2).

NOTE: HAZARDOUS WASTES DESCRIBED BY MORE THAN ONE EPA HAZARDOUS WASTE NUMBER· Hazardous wastes that can be described

by more than one EPA Hazardous Waste Number shall be described on the form as follows:

1. Select one of the EPA Hazardous Waste Numbers and enter it in Section A. On the same line complete Sections B, C and D by estimating the

total annual quantity of the waste and describing all the processes to be used to treat, store, and/or dispose of the waste.

2. In Section A of the next line enter the other EPA Hazardous Waste Number that can be used to describe the waste. In Section D(2) on that line

enter "included with above" and make no other entries on that line.

3. Repeat step 2 for each EPA Hazardous Waste Number that can be used to describe the hazardous waste.

EXAMPLE FOR COMPLETING Item 10 (shown in line numbers X-1, X-2, X-3, and X-4 below)· A facility will treat and dispose of an estimated 900 pounds

per year of chrome shavings from leather tanning and finishing operations. In addition, the facility will treat and dispose of three non-listed wastes.

Two wastes are corrosive only and there will be an estimated 200 pounds per year of each waste. The other waste is corrosive and ignitable and there

will be an estimated 100 pounds per year of that waste. Treatment will be inan incinerator and disposal will be in a landfill.

A. B. EPA Estimated

Hazardous Annual Line Waste No. Quantity

Number (Enter code) of Waste

x 1 K 0 5 4 900

x 2 D 0 0 2 400

x 3 D 0 0 1 100

x 4 D 0 0 2


c. Unit of

Measure

(Enter code)

p T

p T

p T

D. PROCESSES

(1) PROCESS CODES (Enter code)

0 3 D 8 0

0 3 D 8 0

0 3 D 8 0

Page 4 of6

225

(2) PROCESS DESCRIPTION

(/f a code is not entered in D(1))

Included With Above

- Doc. Ex. 287 -

C1-313

• • EPA ID NO: IR_l~l~I 1_Q_1_1_1k_1 1~1_1_13__1 1_k_1_k_1_l_1 ~MB#: 2050-0034 Expires 11130/2005

10. Description of Hazardous Wastes (Continued. Use the Additional Sheet(s) as necessary; number pages as 5 a, etc.) • A. B. D. PROCESSES EPA Estimated c.

Hazardous Annual Unit of Line Waste No. Quantity Measure (2) PROCESS DESCRIPTION

Number (Enter code) of Waste (Enter code) (1) PROCESS CODES (Enter code) (If a code is not entered in D(1 ))

1 (.' 0 0 I L/()0 J(_ 1J 5 n ~ II

2

3

4

5

6

7

8

9

1 0

1 1 --

1 2

1 3

1 4

1 5

1 6

1 7

1 8

1 9

2 0

2 1

2 2

2 3

2 4

2 5

2 6

2 7

2 8

2 9

3 0

3 1

3 2

3 ,3

3 4

3 5

3 6

3 7

3 8

3 9

• EPA Form 8700-23 (Revised 3/2005} Page 5 of6

226

- Doc. Ex. 288 -

C1-314

• EPA ID NO: 1_1_1_11_1_1_11_1_1_1 l_l_l_I • • OMB #: 2050-0034 Expires 11/30/2005

.Description of Hazardous Wastes (Continued. Use this Additional Sheet(s) as necessary; number as 5 a, etc.)

A. B. E. PROCESSES . EPA Estimated C.


Number (Enter code) of Waste (Enter code) (1) PROCESS CODES (Enter code) (If a code is not entered in E(1))

4 0

I

• EPA Form 8700-23 (Revised 3/2005) Page5_of_

227

- Doc. Ex. 289 -

C1-315

••

• tPA I 11 N c, Vo 7 o • OMS#: 205().()034 8q>ia& .10131/02

11. Map (See Instructions on page 38)

Attach to this application a topographic map, or other equivalent map, of the ares extending to at least one mile beyond property boll'ldBries. Thernap

must show the outline of the facility, th& location of each of its existing and proposed intake arri discharge structires, each oflts hazarrious waste treatment. stomge, or disposal facilities, and each well wher& it injects fll.ids underground. lncJude all springs, rivers and ether surface water bodies in this map B/98. Sae lnst/uctions for incise requiretn1tnts.

12. Facility Drawing (See instructions on page 39}

All existing facllltles must Include a scale drawing of the facility (see Instructions for more detail).

13. Photographs (See Instructions on page 39) .

All existing facilities must Include photographs (aertsl or ground~evt1I) that clearly de/lnea all exisUng structures; existing storage, treatment and disposal areas; and sltss of future morage, treatment or dl~al areas (see /nstroctlons for more detail).

14. Comments (See instructions on page 39)

Item & - Fadllty Exlatence Data Current hazardous waste compliance activities for the facility, including this amended Part A application, are a result of the Administrative Order on Consent emered between Winston Mills, Inc. and the North carollna ·Department of Environment, Health. alid Natural Resources on August 29, 1990. The date of commencement of hazardous waste operations at the facility, es requested in Item 5 of the Part A application, doe$ not readily apply to this specific hazardous waste compliance activity. The following passage from the "Stipulations and Findings of Fact," as comained In the Administrative Order on Consent, more accurately depicts the date of hazardous waste activity at the facirrty:

"The Hazardous Waste Section allows that prior to April 1985, as part of a dry cleaning process at the site, the prior owner/operator of the Asheville Dyeing & Finishing site utilized a raw material underground storage tank and a hazardous waste underground storage tank, both for the storage of tetrachloroethylene. In April 1985, the tanks were removed. Soil samples were collected from the bottom of the tank pits and analyzed by Environmental Testing, Inc. for the presence of solvents. Sample analysis results indicated detectable levels of 1, 1,2-trichloroethylene in the soil beneath the tanks. In addition, approximately 14 years ago, an alleged spill of solvent by the previous owner/operator, consisting primarily of tatrachloroethylene occurred at the facility and it is believed that some of the solvent entered an 8-inch drain pipe and followed this pipe to Bee Tree Creek, approximately 1, 100 feet east of the plant building. Most of the solvent reportedly entered the ground. In 1988, Westinghouse Environmental Services collected soil samples from the site. The samples were analyzed by Industrial and Environmental Analysis, Inc. for volatile organics. Three hazardous constituents were reported in the results: acetone, methylene chloride, and tetrachloroethylene. From the alleged actions of the previous owner/operator, the trichloroethylene, tetrachloroethylene, and methylene chloride contamination in soils at the site constitutes either the disposal of listed hazardous wastes (F001, F003) or the presence of hazardous constituents, as defined in 40 CFR 260.10, codified at 10 NCAC 10F.0002 and 40 CFR 261, codified at 10 NCAC 10F.0029. For the purpose of this order, the Waste Management Unit (the Unit) is the hazardous waste underground storage tank described above. The facility neither admits nor denies any of the allegations set out in this paragraph.•

This amended Part A application, as filed herein, addresses the underground storage tank pit area where waste tetrachloroethylene was formerly srored.

Items 8 and 10 - ProGeaa Codes m1d Design Capabllltles Volume 01' 080 landflll based on estimated dimensions of fonner underground Storage tank· pit of 10 ft x 20 ft x 10 ft deep.

Item 108- Deacrlptlon of Hazardous Wastes Estimated quantity of waste based on assumption of maximum 1, 1,2-trichloroethylene concentration in soil of 1 mg/Kg. over a 10 ft. x 20 ft. x 1 ft. deep area ti.e. soil immediately underlying previous underground storage tank). This waste represents leakage or spillage associated with operation of an underground storage tank taken out of service in March 1985. The estimated quantity is a conservative, cumulative total of trichloroethylene potentially present in subsurface soils. No additional trichloroethylene wastes are being or will be generated.

Item 11 -Map According to "Geology and Groundwater Resources of the Asheville Area, North Carolina• (Trapp, 1970), four privately-owned wefts are located within the immediate vicinity of the facility. Two of these wells are reported to be observation wells; use of the remaining two wells is not identified. However, none of the wells are located within ~-mile of the facility. The C.D. Owens Company, located within %-mile of the facility, owns several wells on its property; however, these wells are reportedly no longer in use.

• EPA Form 8700-23 (Revised S/2002) Page 6 of 6

228

- Doc. Ex. 290 -

C1-316

•

•

•

s2°21.ooo· w

z 0 0 0 u) (Y) 0 lfl (Y)

s2°21.ooo'. w MNUTN

• • s2°26.ooo· w WGS84 s2°2s.ooo' w

s2°26.ooo' w WGSB4 s2°2s.ooo' w eo ==:=c:=:JEE==<====~_!i=::::e===i:::=:>====i==ll MILE

4L, 63 lo:xl fE£T o'<=,,,,,,=::E":=r=:S5005==:i:e+a""""'==-e+aa1<ro METERS

z 0 0 0

" (Y) 0 Ill (Y)

z 0 0 0 u) (Y) 0 Ill (Y)

6°1 Map created with TOPO!® @2003 National Geographic (www.nationalgeographic.com/topo)

Date: November 2005

Job No.: MSE 123

File: 123/Drawing 1

By: KP

TOPOGRAPHIC SITE MAP FORMER ASHEVILLE DYEING AND

FINISHING FACILITY SWANNANOA, NORTH CAROLINA

229

m1NERAL SPRINGS · environmental, p.c .

DRAWING NO. 1

- Doc. Ex. 291 -

C1-317

Exhibit D-4 2008-09-18 - Part A Permit Application signed by WASCO (modified at page 2)

v

230

•

•

•

- Doc. Ex. 292 -

C1-318

•

•

•

SEND COMPLETED

FORM TO: The Appropriate State or EPA Regional Office.

·rn#: 2050-0034 Expires 11130120£

" ,c~:~:;,~1 ~\ United States Environmental Protection Agency

RCRA SUBTITLE C SITE IDENTIFICATION FORM . . --· e.IVed \'11 ~ 1--~~~~~~~-+-~~~~~~~~~~~~~~~~~~~~~~~~~...,...;.,.,...-.&....,--filioilOR ~·

" ~·-~> i (~;1 1. Reason for

Submittal

(See instructions

on page 14.)


2. Site EPA ID

Number (page 15)

3. Site Name

(page 15)

4. Site Location

Information

(page 15)

S. Site Land Type

(page 15)

6. North American

Industry

Classification

System (NAICS)

Code(s) for the Site

(page 15)

7. Site Mailing

Address

(page 16)

. . ,. t"~· '

· ~"" Cu/ lJ To provide Initial Notification of Regulated Waste Activity (to obtain an EPA ID Nu~ber ~6f•~fz~. .. .. /

waste, universal waste, or used oil activities) °'-<~'.~~~'.f~ 6

f? £ q'?. 1~;i~~ / lJ To provide Subsequent Notification of Regulated Waste Activity (to update site identificatiorfinformation)


lJ As a component of a First RCRA Hazardous Waste Part A Permit Application

Jl As a component of a Revised RCRA Hazardous Waste Part A Permit Application (Amendment# __ )

lJ As a component of the Hazardous Waste Report

EPA ID Number

Name:

(; y(V}t:_,V

sfreetAddress: B5o LJ~ w~ City, Town; or Village: ~W Cl/>1._?LD.-71.L> a_,,

County Name: B tL..Y1 Lb Af b C..- Zip Code: 26 7 7

Site Land Type: ~Private O County O District 0 Feder.al 0 Indian 0 Municipal D State D Other

A. B. 12_1_/ 1_3_1_2_1~1i__1 12._1_/_1..i._1~1_/ I 2.-1

c. D. 1 __ 1_1_1_1_ _1_1_1_1_1_1

Street or P. 0. Box: 2..6 J City, Town, or Village: 6wa_n State: N {!__.

Country: U-Y1 c.-om.be__ Zip Code: 2811B 8. Site Contact First Name: Lo Yen Ml: Last Name: La.n kY

Person

r-~(p_a_ge~16_)~~~--1rP-h_o_n_e_N_u_m_b_e_r:~~"'"""""'---""'-<..l...___..........,LL.L_E_xt_e_ns_i_o_n:~l/~g~z~z'--,__E_m_a_il_ad_d_r_es_s_:~//.~a..n~·-'-'-feA'--~~h~r1-~_(!()~/n_~---1 A.-1

9. Operator and

Legal Owner of the Site

(pages 16 and 17)

A. Name of Site's Operator: WASCO l uJa,kh- ~s ~ 5 Operator Type: .:('Private 0 Coun y

B. Name of Site's Legal Owner:

y

Date Became perato (mm/dd/yyyy):

q 30 200 0 Indian 0 Municipal D State D Other

Date Became Owner (mm/dd/yyyy):

2.008 D District 0 Federal 0 Indian 0 Municipal (J State D Other


231

- Doc. Ex. 293 -

C1-319

EPA ID NO:

9. Legal Owner

(Continued)

Address


City, Town, or Village:

State:

Country:

10. Type of Regulated Waste Activity

OMB#: 2050-0034 Expires 11/30/2005

Zip Code:

Mark "Yes" or "No" for all activities; complete any additional boxes as instructed. (See instructions on pages 18 to 21.)



YD ND 1. Generator of Hazardous Waste

If "Yes", choose only one of the following - a, b, or c.

D a. LQG: Greater than 1,000 kg/mo (2,200 lbs.Imo.)


D b. SQG: 100 to 1,000 kg/mo (220 - 2,200 lbs.Imo.)


D c. CESQG: Less than 100 kg/mo (220 lbs.Imo.)

of non-acute hazardous waste

In addition, indicate other generator activities.

YD N D d. United States Importer of Hazardous Waste

YD N Cle. Mixed Waste (hazardous and radioactive) Generator

B. Universal Waste Activities

Y Cl N Cl 1. Large Quantity Handler of Universal Waste (accumulate

5,000 kg or more) [refer to your State regulations to

determine what is regulated]. Indicate types of universal

waste generated and/or accumulated at your site. If "Yes",

mark all boxes that apply:

Generate Accumulate

a. Batteries D D

b. Pesticides D D

c. Thermostats D D

d. Lamps D D

e. Other (specify) D D

f. Other (specify) D D

g. Other (specify) D D

YD ND 2. Destination Facility for Universal Waste

Note: A hazardous waste permit may be required for this activity.


232

Y D N D 2. Transporter of Hazardous Waste

Y » D 3. Treater, Storer, or Disposer of


A hazardous waste permit is required for

this activity.

Y D N D 4. Recycler of Hazardous Waste (at your

site)

Y D N D 5. Exempt Boiler and/or Industrial

Furnace

If "Yes", mark each that applies. D a. Small Quantity On-site Burner

Exemption D b. Smelting, Melting, and Refining

Furnace Exemption

Y Cl N 0 6. Underground Injection Control

C. Used Oil Activities

Mark all boxes that apply.

YD ND 1. Used Oil Transporter


D a. Transporter D b. Transfer Facility

Y Cl N D 2. Used Oil Processor and/or Re-refiner


0 a. Processor

D b. Re-refiner

Y 0 N D 3. Off-Specification Used Oil Burner

Y D N D 4. Used Oil Fuel Marketer

.. (:.~_g .. ,; ;1y~ ... "i~~ :

If "Yes", mark each that applies. D a. Marketer Who Directs Shipment of

Off-Specification Used Oil to Off-Specification Used Oil Burner

0 .b. Marketer Who First Claims the Used Oil Meets the Specifications

Page 2 of 3 '.~,

J."'

- Doc. Ex. 294 -

C1-320

•

•

•

EPA ID NO: 1~1L1 V 112.._11.._ _11~1_/_1_i_1 1k_1~12.._1 18#: 2050·0034 Expires 11/30/2005

11. Description.of Hazardous Wastes (See instructions on page 22.)

A. Waste Codes for Federally Regulated Hazardous Wastes. Please list the waste codes of the Federal hazardous wastes

handled at your site. List them in the order they are presented in the regulations (e.g., 0001, 0003, FOO?, U112). Use an

additional page if more spaces are needed.

F-oo I

B. Waste Codes for State-Regulated (i.e., non-Federal) Hazardous Wastes. Please list the waste codes of the State-regulated

hazardous wastes. handled at your site. List them in the order they are presented in the regulations. Use an additional page if

more spaces are needed. for waste codes.

12. Comments (See instructions on page 22.)

13. Certification. I certify under perialty of law that this document and all attachments were prepared under my direction or supervision

in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based

on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the

information submitted is. to the best of my knowledge and belief. true. accurate, and complete. I am aware that there are significant

penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

For the RCRA Hazardous Waste Part A Permit Application, all operator(s) and owner(s) must sign (see 40 CFR 270.10 (b) and 270.11 ).

~See instructions on page 22.)

Signature of operator, owner, or an

·authorized representative ,---... r. I ,

I (/


Name and Official Title (type or print)

. .. ' M.A_alA -· A..ir-.. M~R.PR -

233

Date Signed

(mm/dd/yyyy)

Page 3 of 3

- Doc. Ex. 295 -

C1-321

EPA ID NO: I f} I c'.:.112._1 I 0 1_1_1~1 l~1_L1_2._1 l~I & 12__1 OMB # 2050-0034 Expires 11/30/2005

1. Facility Permit

Contact (See

instructions on

page 23)

2. Facility Permit

Contact Mailing

Address (See

instructions on

page 23)


HAZARDOUS WASTE PERMIT INFORMATION FORM

Fi~;}-11 e,1 A IMI: Last Name: J-1-UJ!A_ .~

Phone Number: Phone Number Extension:.

632.- 300 - 51 Jq Street or P .0. Box: Jt f.p 0() w o v uJ flt>lf~ ./r5Jr 1/i), Ju, 1/1 J J ~/00 City, Town, or Village: J-/v hx_ CJ ,/

U5 State: --re 'Y,tJ ~ Country:

USA Zip Code:

'77032-

•

3. Operator Mailing Street or P.O. Box:

4&oo LUoYLt:/ flou5/rm 1llh1Jl)M ~J1ih, /~D Address and

Telephone Number City, Town, or Village:

I-lo IJ ~ -/1))1 ' (J I


page 23) State:

J.»/.-ClS Country:

U-511 Zip Code:

-?1o3Z PhoneNumbR32

_ .300- 51 /q 4. Legal Owner Mailing Street or P.O. Box:

8 u c .. }( e [,{ e. Cciue, 12d Address and 'l5/ Telephone Number City, Town, or Village: v

(See instructions on .'"111) /) /~ /}f () 11..0.a_, page 23) State:

NC-Country: {)::) fJ Zip Code:

ciB71B Phone Number BZB- ~qf2i-JS/O 5. Facility Existence Facility Existence Date (mm/dd/yyyy):

Date (See instructions

..:See. l-km JJ./ on page 24)

6. Other Environmental Permits (See instructions on page 24)

A. Permit Type B. Permit Number C. Description

(Enter code)

~ "' - 0 z. I - q q 1J1<.hh 1 ,., -lo M~ n n+ '6 l!A(.CL; rY1 h (.., ( .f)11.M''*1 ..

I

f. L - () ~ I~ 1=iUAlton\ )h~ /1/')11Mlu. Ha7t') ;;f;;u.5 l1Jl'KJ; I iroM~, v ·

7. Nature of Business (Provide a brief description; see instructions on page 24)

Bll-il..d.i1t~ ~ c~tto ~c,CJALt.

• EPA Form 8700-23 (Revised 3/2005) Page 1of6

234

- Doc. Ex. 296 -

C1-322

EPA ID NO: 1_tl_1 ~ I D 1~1_1_1_Q_1 1..!£_1_)_1!1__1 1k_1.ie_1_2_1 OMB #: 2050-0034 Expires 11/30/2005

Process Codes and Design Capacities (See instructions on page 24) - Enter information in the Sections on Form Page 3.

A. PROCESS CODE - Enter the code from the list of process codes in the table below that best describes each process to be used at the facility. Fifteen

lines are provided for entering codes. If more lines are needed, attach a separate sheet of paper with the additional information. For "other"

processes (i.e., 099, S99, T04 and X99), enter the process information in Item 9 (including a description).

B. PROCESS DESIGN CAPACITY- For each code entered in Section A, enter the capacity of the process.

1. AMOUNT - Enter the amount. In a case where design capacity is not applicable (such as in a closure/post-closure or enforcement action) enter

the total amount of waste for that process.

2. UNIT OF MEASURE - For each amount entered in Section 8(1), enter the code in Section 8(2) from the list of unit of measure codes below that

describes the unit of measure used. Select only from the units of measure in this list.

C. PROCESS TOTAL NUMBER OF UNITS - Enter the total number of units for each corresponding process code.

PROCESS PROCESS CODE

Dlsposal:

D79 Underground Injection Well Disposal

080 Landfill

D81 Land Treatment

082 Ocean Dis1>osal

D83 Surface lmpoundment Disposal

099 Other Disposal

Storage:

SOI Container

S02 Tank Storage·

SOJ Waste Pile

04 Surface Jmpoundment Storage

sos Drip Pad

S06 Containment Building Storage

S99 Other Slorage

~:

TOI Tank Treatment

T02 Surface lmpoundmcnt Treatment

T03 Incinerator

T04 Other Treatment

TSO Boiler


Gallons; LiccrS; Gallons Per Day; or Liters Per Day

Acre-feet; Hectare-meter; Acres; Cubic Meters; Hectares; Cubic Yards

Acres or Hectares

Gallons Per Day or Liters Per Day

Gallons; Licersj Cubic Meters; or Cubic Yards

Any Unit ofMe•surc in Code Table Below

Gallons; Liters: Cubic Meiers; or Cubic Yards

Gallons; Liters; Cubic Meters; o.- Cubic Ya.-ds


Gallons: Lilers; Cubic Meters; or Cubic Yards

Gallons; Ulers; Acres; Cu"bic Meters; Hectares; or Cubic Yards





Short Tons.Per Hour; Metric Tons Per Houri Gallons Per Hour; Liters Per Houri Btu Per Hour; Pounds Per Hour; Short Tons Per Day; Kilograms Per Hour; Gallons Per Day; Liters Per Day; Metric Tons Per Hour; or Million Btu Per Hour

Gallons Per Day; Liters Per Oay; Pounds Per Hourj Short Tons Per Hour; Kilograms Per Hour; Metric Tons Per Day; Metric Tons Per Hour; Shor.t Tons Per Day; Btu Per Hourj Gallons Per Day; Liters Per Hour; or Million Btu Per Hour

Gallons; Liters; Gallons Per Hour; Liters Per Hour; Btu Per Hour; or Million Btu Per Hour

PROCESS CODE

T81 T82 T83 T84 T8S T86

T87

T88

T89

T90 T91

T92 T9J

T94

XO!

X02

XOJ

X04

X99

PROCESS

Treatment (continue<!!:

Cement Kiln Lime Kiln Aggregate Kiln Phosphate Kiln Coke Oven Blast Furnace

Smelting, Melting, or Refining Furnace Titanium Dioxide Chloride Oxidation Reactor Methane Reforming Furnau Pulping Liquo.r Recovery Furnace Combustion Devi.cc Used [n The Recovery Of Sulfur Values From Spent Sulfuric Acid Halogen Acid Furnaces Other Industrial Furnaces Listed In 40 CFR §260.10

Concainment Bµilding -Treatment

Miscellaneous (Subpart Xl:

Open Burning/Open Detonacion Mechanical Processing

Thermal Unit

Geologic Repository·

Other Subpart X


For T81-T93:

Gallons Per Day; Liters Per Day; Pounds Per Hour; Short Tons Per Hour; Kilograms Per Hour; Metric Tons Per Day; Metric Tons Per Hour; Short Tons Per Doy; Btu Per Houri Liters Per Hour; Kilograms Per Hour; or Mi.Ilion Btu Per Hour

Cubic Yards; Cubic Meiers; Short Tons Per Hour; Gallons Per Hour; Liters Per Hour; Btu Per Hour; Pounds Per Hour; Short Tons Per Day; Kilograms Per Hour; Metric Tons Per Day; Gallons Per Day; Liters Per Day; Metric Tons Per Houri or Million Btu Per Hour


Short Tons Per .Hour; Metric Tons Per Hour; Short Tons Per Day; Metric Tons Per Day; Pounds Per Hour; Kilograms Per Hour; Gallons Per Hour; Liters Per Hour; or G~llons Per Day

Gallons Per Day; ·LiterS: Per Day; Pounds Per H.our; Short Tons Per Hour; Kilograms Per Hour; Metric Tons Per Day; Metric Toris Per Hour; Short Tons Per Day; Btu Ptr Hour; or Million Btu Per Hour

Cubic Yards; Cubic Meters; Acre·feet; Hectare-meter; Gallons; or Liters

Any Unit of Measure Listed Below

UNITOF MEASURE


UNIT OF MEASURE


UNIT OF MEASURE

UNJTOF MEASlJRE CODE

Gallon.-............................................... . G Gallons Per Hour................................ E Gallons Per Day ...... ;............................ ll Liters..................................................... L Llters Per Hour..................................... H

• Liters Per Day ..................................... . v


Short Tons Per Hour ............................. D Cubic Yards.......................................... Y Metric Tons Per Hour.......................... W Cu hie Meiers........................................ C Short Tons Per Day............................. N Acres.................................................... B Metric Tons Per Day............................ S Acre-feeL............................................ A Pounds Per Hour................................. J Hee tares ....................................•. ·-······ Q Kilograms Per Hour............................. R Hect•re-meter...................................... F Million Bru Per Hour ............................ X Btu Per Hour........................................ I

Page 2 of 6

235

- Doc. Ex. 297 -

C1-323

OMB #: 2050-0034 Expires 11/30/2005

8. Process Codes and Design Capacities (Continued) • EXAMPLE FOR COMPLETING Item 8 (shown in line number X-1 below): A facility has a storage tank, which can hold 533.788 gallons.

8. PROCESS DESIGN CAPACITY c. - ..

A. (2) Unit of Process Total

Line Process Code Measure Number of

Number (From list above} (1) Amount (Specify} (Enter code} Units Fo; offi~iatUse Only

x 1 s 0 2 5 3 3 .7 8 8 G 0 0 1 .. ···-~

1 J)_ o_ _6-_ _ _____________________________ Q_~5_ __ ___ 13_· --- __QQ_j_ __ --1-----·

2 .·

3

4 -----· ----- -- ---- ·--- ----···--------·---·-----·-----------··--···"' ·--- --------

5 ·-:.· --

I 6 . :-:. •,

7

-1:!-;~----z-rim-·-7zt--f-------------:--------..

.. --·- ----· ------ ----·-·· -----· ·-------·---- --------.-~ . ~ : .. ·.

8 ·· . . ···· •_..··.· .·. : .

. . , 9

---~ ~ 1 0 "•

1 1 .. _.:: 1 2

- ~

1 3

1 4

1 5 :·.

NOTE: If you need to list more than 15 process codes, attach an additional sheet(s) with the information in the same format as above. Numbe. the lines sequentially, taking into account any lines that will be used for "other" processes (i.e., 099, 599, T04 and X99) in Item 9.

9. Other Processes (See instructions on page 25 and follow instructions from Item 8 for D99, 599, T04 and X99 process codes)

Line s_ PROCESS DESIGN CAPACITY c. Number Process Total (Enter#s in

A. (2) Unit of Process Code Measure Number of

sequence wilhltemB) (From list aboYe) (1) Amount (Specify} (Enter code) Units D. Description of Process

x 2 T I 0 4 1 00.000 u 0 0 1 In-situ Vitrification

I

I I ..

I I I

I I I

I I I

• EPA Form 8700-23 (Revised 3/2005) Page 3 of 6

236

- Doc. Ex. 298 -

C1-324

OM B #: 2050-0034 Expires 11 /30/2005

0. Description of Hazardous Wastes (See instructions on page 25) • Enter information in the Sections on Form Page 5.

A. EPA HAZARDOUS WASTE NUMBER - Enter the four-digit number from 40 CFR, Part 261 Subpart D of each listed hazardous waste you will handle.

For hazardous wastes which are not listed in 40 CFR, Part 261 Subpart D, enter the four-digit number(s) from 40 CFR Part 261, Subpart C that

describes the characteristics and/or the toxic contaminants of those hazardous wastes.

B. ESTIMATED ANNUAL QUANTITY - For each listed waste entered in Section A, estimate the quantity of that waste that wifl be handled on an annual.

basis. For each characteristic or toxic contaminant entered in Section A, estimate the total annual quantity of all the non-listed waste(s) that will

be handled which possess that characteristic or contaminant.

C. UNIT OF MEASURE • For each quantity entered in Section B, enter the unit of measure code. Units of measure which must be used and the

appropriate codes are:

ENGLISH UNIT OF MEASURE CODE METRIC UNIT OF MEASURE <:;ODE

POUNDS p KILOGRAMS K

TONS T METRIC TONS M

If facility records use any other unit of measure for quantity, the units of measure must be converted into one of the required units of measure, taking

into account the appropriate density or specific gravity of the waste.

D. PROCESSES

1. PROCESS CODES:

For listed hazardous waste: For each listed hazardous waste entered in Section A, select the code(s) from the list of process codes contained

in Items BA and 9A on page 3 to indicate all the processes that wif/ be used to store, treat, and/or dispose of all the listed hazardous wastes.

For non-listed hazardous waste: For each characteristic or toxic contaminant entered in Section A, select the code(s) from the list of process

codes contained in Items BA and 9A on page 3 to indicate all the processes that will be used to store, treat, and/or dispose of all the non-listed

hazardous wastes that possess that characteristic or toxic contaminant.

NOTE: THREE SPACES ARE PROVIDED FOR ENTERING PROCESS CODES. IF MORE ARE NEEDED:

1. Enter the first two as described above.

2. Enter "000"' in the extreme right box of Item 10.D(t).

3. Use additional sheet, enter line number from previous sheet, and enter additional code(s) in Item 10.E.

2. PROCESS DESCRIPTION: If a code is not listed for a process that will be used, describe the process in Item 10.D(2) or in Item 10.E(2).

NOTE: HAZARDOUS WAS TES DESCRIBED BY MORE THAN ONE EPA HAZARDOUS WASTE NUMBER- Hazardous wastes that can be described

by more than one EPA Hazardous Waste Number shall be described on the form as follows:

1. Select one of the EPA Hazardous Waste Numbers and enter it in Section A. On the same line complete Sections B, C and D by estimating the

total annual quantity of the waste and describing all the processes to be used to treat, store, and/or dispose of the was.te.

2. In Section A of the next line enter the other EPA Hazardous Waste Number that can be used to describe the waste. In Section D(2) on that line

enter "included with above" and make no other entries on that line.

3. Repeat step 2 for each EPA Hazardous Waste Number that can be used to describe the hazardous waste.

EXAMPLE FOR COMPLETING Item 10 (shown in line numbers X-1, X-2, X-3, and X-4 below) -A facility will treat and dispose of an estimated 900 pounds

per year of chrome shavings from leather tanning and finishing operations. In addition, the facility will treat and dispose of three non-listed wastes.

Two wastes are corrosive oniy and there will be an estimated 200 pounds per year of each waste. The other waste is corrosive and ignitable and there

will be an estimated 100 pounds per year of that waste. Treatment will be in an incinerator and disposal will be in a landfill.

A. B. EPA Estimated c. D. PROCESSES

Hazardous Annual Unit of Line Waste No. Quantity Measure

Number (Enter code) of Waste (Enter code) (1) PROCESS CODES (Enter code)

(2) PROCESS DESCRIPTION·

(If a code is not entered in D(1))

x 1 K 0 5 4 900 p T 0 3 D 8 0

x 2 D 0 0 2 400 p T 0 3 D 8 0

x 3 D 0 0 1 100 p T 0 3 D 8 0

x 4 D 0 0 2 Included With Above


237

- Doc. Ex. 299 -

C1-325

EPA ID NO: 1}L1S::_112_1 1_Q__1_1_1_Q_1 1~1_L1_2_1 1l!_1i:_1_2_1 OMB #: 2050-0034 Expires 11/30/2005

10. Description of Hazardous Wastes (Continued. Use the Additional Sheet(s) as necessary; number pages as 5 a, etc.) ·-A. 8. D. PROCESSES EPA Estimated c.

Hazardous Annual Unit of Line Waste No. Quantity Measure (2} PROCESS DESCRIPTION

Number (Enter code) of Waste (Enter code) (1) PROCESS CODES (Enter code) (If a code is not entered in D(1 ))

1 / 0 I LJoo /(.._ JJ g n ~ ~ _O

2 ·-

3

4 -

5

6

7

8

9

1 0

1 1

1 2

1 3 -

1 4

1 s 1 6

1 7

1 8 • 1 9

2 0

2 1

2 2

2 3 -

2 4 -

2 5

2 6

2 7

2 8

2 9

3 0

3 1 -

3 2

3 3

3 4

3 5

3 6 ··- -

3 7 -

3 8

3 9

• EPA Form 8700-23 (Revised 3/2005) Page 5of6

238

- Doc. Ex. 300 -

C1-326

. EPA ID NO: I _ ,_, _ II _ l_I_ 11 _l_I_ II _,_, _ I OMS#: 2050-0034 Expires 11/30i2005

.0. Description of Hazardous Wastes (Continued. Use this Additional Sheet(s) as necessary; number as 5 a, etc.)

A. B. E. PROCESSES EPA Estimated c.


Number (Enter code) of Waste (Enter code) (1) PROCESS CODES (Enter code) (If a code is not entered in E(1))

4 0 -

I -

-

I -. I

-

• EPA Form 8700-23 (Revised 3/2005) PageS_of_

239

- Doc. Ex. 301 -

C1-327

. ..

{PA I ti NrJ Vo 7 o 11. Map (See Instructions on page 38)

OMB #: 20~034 Elq>ies 10/31/02

Attach to this application a topographic map. or other equivalent map, of the ar&a extending to at least one mle beyond property bo111dsries. The map must show the outline of the fsci6ty, the location of each of its existing and proposed intake arrJ discharge structures, each of its hazardous waste treatment. stomge. or disposal facilities. and each well wh_em it injects f/lids underground. Include all springs, rivers and aher surface -fer bodies in this map a1&a. See lnstn.Jctions for i;rr1cise requiremtJnts.

12. Faelllty Drawing (See instruetiona on page 39)

All existing faclfltles must include a scale drawing of the facility (see instructions tor moTB detail).

13. Photographs (See Instructions on page 39)

All existing fscillties must include photographs (aertat or ground-level) mat cleerly aa/lneste all &xisling structures; existing storage, tmtment and disposal areas; and sites of future $torege. traatment or disposal areas (see instructions for more detail).

14. Comments (See instructions on page 39)

Item & - Faclllty Existence Data Current hazardous waste compliance activities for the facility, including this amended Pan A application, are a result of the Administrative Order on Consent emered between Winston Mills, Inc. and the Nortn Caronna ·Department of Environment, Health, and Natural Resources on August 29, 1990. The date of commencement of hazardous waste operations at the facility, as requested in Item 5 of the Part A application, does not readily apply to this specific hazardous waste compliance activity. The following passage from the •stipulations and Findings of Fact,• as contained in the Administrative Order on Consent, more accurately depicts the date of hazardous waste activity at the facility:

'The Hazardous Waste Section allows that prior to April 1985, as part of a dry cleaning process at the site, the prior owner/operator of the ·Asheville Dyeing & Finishing site utilized a raw material underground storage tank and a hazardous waste underground storage tank, both for the storage of tetrachloroethylene. In April 1985, the tanks were removed. Soil samples were collected from the bottom of the tank pits and analyzed by Environmental Testing, Inc. for the presence of solvents. Sample analysis results indicated detectable levels of 1, 1.2-trichloroethylene in the soil beneath the tanks. In addition, approximately 14 years ago, an alleged spill of solvent by the previous owner/operator, consisting primarily of tetrachloroethylene occurred at the facility and it is believed that some of the solvent entered an 8-inch drain pipe and followed this pipe to Bee Tree Creek, approximately 1, 100 feet east of the plant building. Most o. the solvent reportedly entered the ground. In 1988, Westinghouse Environmental Services collected soil samples fror · the site. The samples were analyzed by Industrial and Environmental Analysis, Inc. for volatile organics. Three hazardous constituents were reported in the results:. acetone, methylene chloride, and tetrachloroethylene. From the alleged actions of the previous owner/operator, the trichloroethylene, tetrachloroethylene, and methylene chloride contamination in soils at the site constitutes either the disposal of listed hazardous wastes (F001, F003) or the presence of hazardous constituents, as defined in 40 CFR 260.10, codified at 10 NCAC 1 OF .0002 and 40 CFR 261, codified at 10 NCAC 10F.0029. For the purpose of this order. the Waste Management Unit (the Unit) is the hazardous waste underground storage tank described above. The facility neither admits nor denies any of the allegations sst out in this paragraph.•

This amended Pa" A application. as filed herein, addresses the undfJf'ground storage tank · pit area where waste tatrachloroethylene was formerly storect.

hems 8 end 10 - Proceaa Codes end Design CapablBtlas Volume or 080 landtlll based on estimated dimensions of fonner un<:lerground storage tank pit or 1 o 1't x 20 ft x 1 O ft deep. ·

Item 108 - Description of Hazardous Wastes Estimated quantity of waste based on assumption of maximum 1, 1,2-trichloroethylene concentration in soil of 1 mg/Kg over a 10 ft. x 20 ft. x 1 ft. deep area (i.e. soil immediately underlying previous underground storage tank). This waste represents leakage or spillage associated with operation of an underground storage tank taken out of service in March 1985. The estimated quantity is a conservative, cumulative total of trichloroethylene potentially present in subsurface soils. No additional trichloroethylene wastes are being or will be generated.

Item 11 - Mae According to "Geology and Groundwater Resources of the Asheville Area, North Carolina• (Trapp. 1 9701. four privately-owned wells are located within the immediate vicinity of the facility. Two of these wells are reported to be observatiOn wells; use of the remaining two wells is not identified. However, none of the wells are located within. %-mile of the facility. The C.D. Owens Company, located within %-mile of the facility, owns several wells on its property; however, these wells are reportedly no longer in use.

EPA Form B700-23 (Revised 5/2002) Page 6 of 6

240

- Doc. Ex. 302 -

C1-328

82°27.000' w

z 0 0 0

'° ("') 0 l/) (Y)

82°27.000' w

MNUTN

82°26.000' w wGS84 92°2s.ooo· w

,.

s2°26.ooo' w 0 .5 1 Mill

0 1000 rm 0 500 !(XX) MHF.AS F3 I FS3 E3 E+3 e-+* fi+3

z 0 0 0 I' (Y) 0 l1l (Y)

z 0 0 0

'° (Y) 0 l1l (Y)

6° l Map created wi1h TOPO!® ©2003 National Geographic (www.natio~ographic.com/topo)

Date: November 2005

Job No.: MSE 123

File: 123/Drawing 1

By: KP

TOPOGRAPHIC SITE MAP FORMER ASHEVILLE DYEING AND

FINISHING FACILITY SWANNANOA, NORTH CAROLINA

241

m1NERAL . SPRINGS

environmental, p.c.

DRAWING NO. 1

- Doc. Ex. 303 -

C1-329

Respondent’s Exhibit E Deeds reflecting chain of ownership

- Doc. Ex. 304 -

C1-330

- Doc. Ex. 305 -

C1-331

•

•

•

I i I i .i.

BODK1138 Pm142

~tate of ~ortb «:arolf~a Qtountp of ~uncomht,

m:bt~ llnbenture, made this 3rd day of March,

M. LO'WENSTEm & SONS, INC., a· New Yo:ck Corporation,

' 6'~ ,o

1976,

hereinafter called Grantors, and Winston Mills, Inc., (a Deloware corporation)

by and between

hereinafter called Grantees, (said deslgnatlons shall include the respective parties; whether one or more, individual or corporate, and their respective successors in interest or assigns).

Witne~~dh: That the Grantors, for and in consideration of the sum of Ten Dollars, and other good and valuable considerations to them in hand paid by the Grantees, the receipt whereof Is hereby acknbwl· edged, have given, granted, bargained, sold and conveyed, and by these presents do give, grant, bargain, sell, convey and .confirm unto the Grantees their heirs and/or successors and assigns (subject, however, to any. conditions, restrictions, limitations, reservations or exceptions appearing after the description below), the following particularly described real estate, located in Buncombe County, North Carolina, to-wit:

Loeated in the Township of Swa.nnanoa, County of :Buncombe, State of North Carolina.

:BEGINNING at the point of intersection of the center lines of Old Bee Tree Road and Farm School Road, said beginning point being the beginning point of the property ac~nired by Northrop Carolina, Inc., by Deed recorded in Deed Book 929 at Page 145, in the :Buncombe County Public Registry, and :runs thence from the beginning point thus established and with the center line of Fa.rm School Road eight (8) courses and distances as follows: (1) South 43 deg. 05 nlin. 22 sec. East 562.84 feet to a point; (2) South 38 deg. 44 min. 31 sec. East 358. lO feet to a point; (3) South 49 deg. 42 min. 41 sec. East. 99. 20 feet to a point; (4) South 64 deg. 06 min. 04 sec. Ea.st 51.68 feet to a point;.(5) South 72 deg. 40 min. 44 sec. E-:i.st 32.48 feet to a point; (6) South 85 deg. 52 min. 23 sec. Ea.st 119. 77 feet to a point;

I ! i ~

I i

.,

f-

(7) North 86 deg. 26 min. 25 sec. East 714.25 feet to a point; and (8) North 87 dei;. 14 min." . 46 sec. East 669.62 feet to a point on a bridge over Bee Tree Creek; thence leaving Farm School I Road and running North 16 deg. 36 min. 14 sec. West 247.50 feet to a point on the East ba.nk of Bee Tree Creek; thence North 14 deg. 36 min. 14 sea. West 346.50 feet to a point · on the East bank of said Creek; thence leaving said Creek and running North 18 deg. 23 • . min. 46 sec. East 74.25 feet to a point; thence North 62 deg. 20 min. 14 sec.· west 63.56 1

feet to a point on the East ba.nk of said Creek; thence with the meanderings of said Creek the following two (2) courses and distances: (1) North 24 deg. 13 min. 13 sec. West 624.48 feet to a point in said Creek; and (2) North 25 deg. 57 min. 13 sec. West 163.93· feet to a point in said Creek; thence leaving said Creek and rumrlng North 80 deg. 32 min. 10 sec. West 1,613.10 feet to a point in the center line of Old Bee Tree Road; thence with the center line of said Old Bee Tree Road the following two (2) courses and distances: (1) South 9 deg. 54 min. 36 sec. West 607.05 feet to a point; and (2) South 8 deg. 09 min. 45 sec• West 341.22·feet to the point and.place of BEGINNING. Containi.ng 65.20 acres and being the same property shown on a survey by Matheson·, Hintz & Associates, dated Ma;y, 1971.

Together with all of the buildings located on the above described premises and all of the · fi:l..-tures permanently attached to said buildingS.

Being the same property conveyed to M. Lowenstein & Sons, Inc., by Northrop Carolina, Inc., by Deed dated June 18, 1971, and recorded. in Deed Bookl040 at Page 325, Records of Buncombe County.

This conveyance is ma.de subject to ad valorem taxes for the year 1976 which shall be prorated, to the rights of wa:y for Old Bee Tree Road and Farm School Road as' they affect the premises, to any ripa.ria..'l rights which may be claimed in the water of Bee Tree· Creek which crosses the premises, to the right of wa:y for utility and water lines crossing the premises and shown on the survey of the premises by Matheson, Hintz & Associates, dated Ma;y, 1971, and to the follow~ specific easements as they ma.y affect the premises: (1) Easements granted to Carolina Power and Light Company recorded in Deed Book 490 at Page 599, in Deed Book 626 at Page 157, in Deed Book ~90 at Pages 556 and 598, in Deed Book 1046 at Page 355, in Deed Book 1054 at Page 432 and in Deed Book 1056 at Page 460, Records of Buncombe County. (2) Easements ·~o Southe:rn Bell Telephone and Telegraph Company recorded in Deed Book 351 at Page 180 and 186, and in Deed Book 468 at Page 328, Records of Buncombe County. (3) Easements granted to the City of Asheville by instruments recorded in Deed Book 125 at Page 401, Deed Book 234 at Page 395, and Deed Book 1079 at Page 243, Records of Buncombe County'.

The above property (with minor variations) is also shown on a s~rvey entitled Winston Mills, Inc., dated February 24, 1976, by Ray E. Anders & Associates and numbered File No. 2364 •

i I

i I

!-~·•:---·----·--~~---·__;.--·:---..:~-~::...:.---· .,---... '~·~--<)

244

I

I

I

- Doc. Ex. 306 -

C1-332

I

I

I

I -1

l l

I \ ..

·- ------···-~··-"-·--- ---------~-------~---

Real Estate Excise Tax

9 0 0. 0 0

STATE oVlJ./Jt · TH

Ni({c1.1NA r;f>. . MARln6 7 5 0. 0 0

1!:o ~llbt anb to ~olb the above described land and premises, with all the appurtenances thereunto. belonging, or in any wise appertaining, unto the Grantees, their heirs and/or successors and assigns forever.

And the Grantors covenant to and with the Grantees, their heirs and/or successors and assigns, that the -Grantors are lawfully seised in fee simple of said land and premises, and have full right and power to convey the same to the Grantees in fee simple, and that said land and premises are free from any and all encumbrances (with the exceptions above stated, if any), and that they will and their heirs, executors, administrators and/or successors shall forever warrant and defend the title to the said land and premises, with the appurtenances, unto the Grantees, their heirs and/or successors an<l assigns, against the lawful claims of all persons whomsoever.

31'n l»itne~~ Wf)ereof, the Granters have hereunto set their hands and seals, or, if corporate, has caused this Deed to be executed by its duly authorized officers and its seal to be hereunto affixed, the day and year first above written. I ·

I ~3~ \-" M. LOWENSTEIN & SONS, me.

J.'fflm:fi d.~16.Ll~v~ <SEAL> .~<S~ /'~ . · ~ !SEAL> . . . · !SEAL>

---------------<SEAU

--------------lSEALl

--------------<SEAL>

--------------<SEAL> . . . New York, Courtly of New York

State of Notth Caa olhtu1 Gcunl) of Bancom&e

. ,· ... ~.: .. ·-,~r .. · .. t'' -·· " · ISEAU

- ·; ;· ~- ·~·--~ -1 • ·-·r·; -: ' 'isei~ u.-· ... d . ....., .... C:J

. ...,:;..: ~ ' .. 1si:Aif '=' ,. ' ' \I" ••

-------------,---!SEALJ

,..J;{!;~,otary Public of said State and County, certify that _ B. R. Rapoport persona!Iy

r cam1!':b\-io~~!;;(~':;t,is. day and acknowledged thaL_he is _______ Secretary of _M., __ !,...Q.~ll!lH~_in__&.__Ss2n~-lnc:. f ·~~~~~.;J.c-0-r;,<;ra~i~h'; and that, by authority duly given and as the act of the corporation, the foregoing instrument i •

l ., "'"' • ~ n ~

~rl .~i~~d in· i-~~ n~0,.ejby i~C-SFf~resident, sealed with Its corporate seal, and attested by __ i)J!l) __ self as its : ~..;.:__~1 .·- ~ -., .uP~~e'C'r/a';\'iY.• St:rto of Now Yori( · l

· .. ::-..··;,,.:" ~~_.:, · '.~~.:'..·· ·: .... ·' _,:.·h:o. 24-8S42Sil8 · \, -~~Jtit~~s'n;~A!ia,..;eJa~Notlir.ta~ Seali,t\thfs__~da~of.____ Mar_c_h ____ , t 9-1L. ·. "--...; ~ · . ' '.~--· r Cer;,· Filed In New York Co, t/

Mycomi'rnss1on_expl_rfCd!11in. fJ<pires Maren 30, 1S76 _ ~~~--. Notary Publfc ·-··"":":--::::::::-'~;:".'~'-• . .:.

personally a~'earitd bafore me thl~ day and acknowledged the dua execution of the foregoing lnstrument.

WitneJIS my hand and Notarial Seal, thl• ............ doy of ..................................... 19 •..•.•.

My comml.ssfon expires: • • • • • • • ••••••••••• • • • • • • • •••••••••••••••••• 1 Notary Publl~

i!>tirte of .fl~!~ ~"~!i~!:!~~"!;,~:,?,~!'.C:!!iv 01 ••• /?.*.~.~ ................................ , ················································ .............................................................. . : ;,;,i:,;:.;,· N~i~ri~· ~~i:1;~ ~;.ti.~. st~;~ ~~d. ~1:.d ;; ~~;;;;ci ·t~. be'~~~.: ........................................ .

- Thls ••• /...<'..~ ... day of ............ ';".~ .................. ., 192.?.-..... . WILLIAM E. DIGGES

- Rogl~Jf Deeds, Buncom~ou'JIY ~.&..--.

~ ~ By:qr._~~;$-~<:P .... ~ filed for registration on tho/...ef.;7?.'1day of, ....... f-:7 ••• ~ ............... , 19.Zk .. at ... /..: •• , •••• I ..... . M.

WILLIAM E. DIGGES -Regist~f Deeds. Buncomb~ Co!~ L,'/ .f'_ ~ By:~~~~a-iv--.

COPYRIGHT \1167-eUNCOMB&: COUNTY BAR A5!SOCIATION

245 '!

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- Doc. Ex. 307 -

C1-333

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,· ....

Exhibit E-2 · 1980-10-10 - Certification by

Winston Mills, Inc. d/b/a Asheville Dyeing and Finishing Company

246

- Doc. Ex. 308 -

C1-334

j

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.. -····•·•··• ····· ·······-···--~-----------,··· . ····"' ...... .

I

~om.

STATE OF NORTH CAROLINA

COUNT\' OF BUNCOMBE

l hcr.eby c·e'l:tify that the business of dyeing nnd. finishing textile materials,

which business is conducted in and from the Town of Swannanoa, at the intersection

of Farm School Road and Bee Tree Road, County of Buncombe, State of North Carolina,

and ,.J,ose·roailing address is P. 0. Box 909.5, Ashl!!ville, North Carolina 26615, "Which

business is conducted under the name and style of "Ashevil.le·Dyeing and Finbhing

COinpany", is owned by Winston Mills, Inc., P. O. Box 337, Swannanoa, Buncombe County,

North Carolina 26778.

In Witness \lhe'l:eof, th<!! said Winston Mills, Inc. has caused Che exl!!cution

of the foregoing, this ...::__ day of __ 0"--"t~==i~"-=----• 1980.

STATE OF.NORTH CAROLINA

COUNTi OF BUNCmmE

I, a Nota'l:y Public of said State and Ccunty, ce'l:tify thatXXXJOPOUQQQQQ\XXXXXXXXll

1CXXFRED KNOX xxggxxxgxKXJCXXXXXJCXpersonslly came before.me this day and acknowledged that

__ he is ------'Secretary of Winston Mi.lls, Inc., a corporation, and that, by authority

duly given and as the act of the corporation, the foregoing instrument .,..as signed in

its name by its ____ President, sealed with its corporate seal, and attested by

·...b.!!!L_sel£ as its ____ Secretary.

Witness my hand and Notarial

My Col!1Illission Expires: My CommisslOll Exp1, .. April 2, 1954

&tntt of. Nortq Qlarolfaa, Qlo1mty of ilunrombe r "7f A1 Eacti of the foregoing cetflfkatn, namely of --------TF"""'"""'"-fl."-'-''".tb.<..<J~"""'"""====-------

o nototy o• Noto•••• pubJ ol the Stole cmd5f<'.'Y:-'?""'"" •• «•<Ii fled lo be co .. . Thi• /'f doyal ~l..t .J 19 •

OflO W. l>oMIMl Reglst•r

l>oputy

o.,.n,

,,

247.

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' • .i t ' r.

- Doc. Ex. 309 -

C1-335

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Exhibit E-3 1995-01-28 -Deed from Winston Mills, Inc. to Anvil Knitwear, Inc .

248

- Doc. Ex. 310 -

C1-336

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BK 1834PC 689

Excise Tax -ft '-I , '-f. 00. oD Recording Time, Book and Page

Tax Lot No. --------..J Parcel Identifier No.9689-09-06-4243 Verified by ________ Counfy on the ___ day of 19_by

Mail after recording to: William R. Theiss, Esq., Kirkland & Ellis, 200 E. Randolph Drive, Chicago, IL 60601

This instrument was prepared by: William R. Theiss Brief description for the Index:---------------------

NORTH CAROLINA SPECIAL WARRANTY DEED

. o.1of ,,,..,.11,.h TillS DEED mad1rs~ day of :!'A-Nv...n..-< 1995 by and between

GRANT OR GRANTEE

Wmston Mills, Inc., a Delaware corporation Anvil Knitwear, Inc., a Delaware corporation 220 East 45th Street New York, New York 10017

The designation Granter and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context.

WITNESSETH, that the Granter, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of Asheville, Swannanoa Township, Buncombe County, North Carolina and more particularly d~cribed a.s· follows:

See Exhibit "A" attached hereto and made a part hereof.

The property hereinabove described as was acquired by Granter by instrument recorded on 3/12176 in Book 1138, Page 142 in the office of the Registrar of Deeds, Buncombe County.

TO HA VE AND TO HOLD the aforesaid lot or parcel ofland and all privileges and appurtenances thereto belonging to the Grantee in fee simple.

BUNCOMBE . 1~e

J-3/-95' 0:1.-31-95

$4400_00

Real Estate Excise Tax 249

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- Doc. Ex. 311 -

C1-337

250

- Doc. Ex. 312 -

C1-338

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LEGAL DESCRIPTION

Located In the Township of Swannanoa, County of Buncombe, State of North Carollna.

BEGINNING at the point of Intersection of the center lines of Old Bee Tree Road and Farm School Rood, sold beginning point being the beginning point of the property acquired by Northrop Corolfno, Inc., by Deed recorded In Deed Book 929 ot Page 145, In the Buncombe County Publlc Registry, ond running thence with the center llne of Old Bee Tree Rood the followlng two (2) courses ond distances: (1) North oa• 37' 03" East 314.33 feet to o point: ond (2) North 10• 01' 3+" East 623.21 feet to o point; thence leaving Old aee Tree Rood and running South ao• 32' 10" East 33.25 feet to an existing concrete monument: thence continuing South ao· 32' 10• Eost 622.06 feet to an existing concrete monument; thence continuing South so• 32' 1 o• East 931.02 feet to on existing concrete monument; thence continuing South ao• 32' 10" Eost 30.00 feet to a point In Bee Tree Creek; thence South 25" 57' 13" East 163.93 feet to a point In sold creek; thence crossing ond recrossing said creek, South 24" 13' 13" Eost 624.48 feet to o point on the East bank of sold creek: thence leaving the creek, South 62" 20' 14" Eost 63.56 feet to on existing Iron pipe; thenc& South 18" 23' 46" West 74.25 feet to o point tn sold Bee Tree Creek; thence South 14° 36' 14" East 346.50 feet to a point on the Eosl bank of sold creek; thence South 16° 36' 14" East 247.09 feet to an existing nall In the bridge over sold Bee Tree Creek; thence with the center llne of Farm School Road the followlng Rfteen (15) courses and distances: (1) South 87" 22' 03" West 272.66 feet to a point; (2) South 97• 07' 51" West 451.39 feel to a paict; (3) South as• 35' 00" West 569.31 feet to a paint: (4) South 87° 18' 51" West 113.62 feet to a point; (5) North 87" OB' 37" West 58.75 feet to o point: (6) North 77• 32' 13" Weot 60.07 feet to o point; {7) North 55• 54' 32" Weot 46.73 feel to a point: (B) North 55' 07' 16" West 63.65 feet to a polnt: (9) North 44• 03' 04" West 67.95 feet to o point; (10) North 39• 1+' 01" West 394.80 feet to a point: (11) North 39• 51' 35" West 230.95 feet to o point; (12) North 41" 22' 39" West 120.90 feet to a paint; {13) North 45• 13' 18" West 56.81 feet to a point: (14) North 49• 00' 50" West 61.38 feet to a point; ond (15) North 53• 05' 08" West 48.19 feet to the point and place of BEGINNING. Containing 65.063 Acres or 2,834,128.472 square feet.

NOlE: The cbove legal description describes the same property os does Deed Book 1138 , Page 1+2 and of the property described In Schedule A of Title Commitment No. RA113108-SO of the Lawyers Title Insurance Corporation bearing an effective date of December 16, 199+.

O")

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- Doc. Ex. 313 -

C1-339

• I

BK I 83~PG 692

EXIIlBITB

ASHVILLE.NC

1. General Real Estate Taxes which are not yet due and payable.

2. Building restriction line(s), easement(s) and other matters as shown on plat recorded in map Book 60, Pages 108 and 110, Buncombe County, Registry. ,. 3. Easements to Carolina Power and Light Company recorded in Book 72 l, Page 228, Book I 727, Page 380, Book 969, Page 511, Book 1032, Page 603, Book 1046, Page 355; Book 1050, Page 460, Book 1054, Page 432, Book 1564, Page 613, Book 490, Page 599, Book 626, Page 157, Book 490, Page 556; Book 490, Page 598, Buncombe County Registry.

4. Rights of others in and to the continued and uninterrupted flow of Bee Tree Creek.

5. Notice to the Deed of Winston Mills, Inc. recorded in Book 1745, Page 300 concerning use of a portion of the property to manage hazardous wastes.

6. Equipment Disclaimer to MDFC Equipment Leasing Corporation recorded in Book 1379, Page 474, Buncombe County Registry.

7. Title to that portion of the property within the bounds of Farm School Road and Old Bee Tree Road.

8. Easement(s) to Southern Bell Telephone and Telegraph Company recorded in Book 351, Page 180; Book 351, Page 186 and Book 468, Page 328, Buncombe County, Registry.

9. Easement(s) to City of Asheville recorded in Book 125, Page 401; Book 234, Page 395, Book 862, Page 289 and Book 1079, Page 243, Buncombe County Registry.

10 . Matters shown on survey dated January 13, 1995, prepare by Ray E. Anders, RLS. I

• 252

- Doc. Ex. 314 -

C1-340

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BK 183~PG 693

And the Granter covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, except for the exceptions hereinafter stated.

Title to the property hereinabove described is subject to the following exceptions:

See Exhibit "B" attached hereto and made a part hereof.

IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written.

SP-WAR-4. 001

W YORK, NEW YORK County: Public of the County and State aforesaid, certify that

peared before me this day and acknowledged the execution of the oing instrument Witness my hand and official stamp or seal, this day of ______ __, 19_.

-2- January 11, 1995

253

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- Doc. Ex. 315 -

C1-341

254

- Doc. Ex. 316 -

C1-342

Exhibit E-4 2007-12-19 -Deed from Anvil

Knitwear, Inc. to Dyna-Diggr LLC

255

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- Doc. Ex. 317 -

C1-343

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'1lorkflo•:1 No. 2417896 ~

llHll~lll~ll~lllllMll~ Doc ID; 020615330004 Tvoe: CRP Recorded: 12/19/2007 at 04:46:57 PM Fee Amt: $5.023.00 Page 1 of 4 Exclse Tax: $5,000.00 Vorkflow# 2417896 Buncombe Countv. NC Otto W. CeBruhl Rea1&ter of Deeds

si<4502 Po1139-1142

NORTH CAROLINA SPECIAL WARRANTY DEED

erified by ______ County on the~ day of ________ . 20 _

Mail/Box to: Dyna-Diggr, LLC, 25 l Buckeye Cove Rd., Swannanoa, North Carolina 28778

This instrument was prepared by: W. Lindsay smith, Esq., Womble Carlyle Sandridge & Rice, PLLC, 550 S. Main St., Greenville, SC 29601

Brief description for ti1e Index: ____ _ --------------·--------

THIS DEED made this J!L day of December, 2007, by and between

GRANTOR

Anvil Knitwear, Inc., a Delaware corporation 228 East 45•h Avenue New York, New York 10017

GRANTEE

Oyna-Oiggr, Ll,C, a North Carolina limited liability com pan)' 251 Buckeye Cove Road Swannanoa, North Carolina 28778

Enrer in appropriate block for each party: name. address. and, if appropriate. character of entity. e.g. corporation nr partnership.

-------·---------· The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns. and shall include singular, plural, masculine, feminine or neuter as required by context

WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple. all that certain lot or parcel of land situated in the Swannanoa Township, Buncombe County, North Carolina and more particularly described as follows:

See Exhibit A attached hereto and incorporated herein.

The property hereinabove described was acquired by Grantor by instrument recorded in Book 1834 page 689.

A map showing the above described property is recorded in Plat Book------- page-----

:ooos4~62.DOC!NC Bar Association Porm No. 6 ,\, 1977. 2002 Printed by Agreemenr with the NC Har A."sociation - IQ& I WCSR 3801791v1

256

- Doc. Ex. 318 -

C1-344

TO HAVE AND TO HOLD the aforesaid lot or parcel off and and all privileges and appurtenances thereto belonging to the Grantee in fee simple.

Title to the within-described property is being conveyed subject to the permitted exceptions set forth on Exhibit "B" attached hereto.

And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of al I persons claiming by, under or through Grantor, other than the following exceptions:

IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first.above written.

Ar.vii Knitwear, Inc. (SEAL)

State of North Carolina - County of _____ _

I, the undersigned Notary Public of the County and State aforesaid, certify that·--··

--------------------- personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this __ day of

-----------'' 20_.

My Commission Expires: ______ _

Notary Public

State of New York - County ofNew York

I, the undersigned Notary Public of the County and State aforesaid, cer:Ug that Arrf"hon f.t Cov-sa l)Cj)ersonally came before me this day and acknowledged that _he is the (2 C:Z:Q .j I if'S. of Anvil nitwear, Inc., a Delaware corporation, and that by authority duly given and as the act of such entity, _he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial slaN!f'!.~~K'tli day of December, 2007. .

. . I Notary Public, State of New Volt~ A 11 I My Commission Expires: I0/0NtaQ{;lf No.01Wl6135800 µ-W~

t I Qualltled In Westchester Coun p r Commission Explrea Ootober 24, re

State of North Carolina - County of _______ _

I, the undersigned Notary Public of the County and State aforesaid, certify that ______________ _

-~-----------· Witness my hand and Notarial stamp or seal, this __ day of ________ ~20_.

My Commission Expires: _____ _ Notary Public

The foregoing Certificate(s) of _ isfare certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. ______________ Register of Deeds for County

l 00054462.DOC) NC Bar Association Fann No. 6 ~>; 1977. 2002 l'ri111ed by Agreemenr with lhe NC Bar A>Sociation • I 98 I WCSR 3801791vl

Deputy/ Assistant - Register of Deeds

257

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- Doc. Ex. 319 -

C1-345

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Exhibit "A" The Real Property

Located in the Township ofSwannanoa, County of Buncombe, State of North Carolina.

BEGINNING at the point of intersection of the center lines of Old Bee Tree Road and Farm School Road, said beginning point being the beginning point of the property acquired by Northrop Carolina, Inc., by deed recorded in Deed Book 929 at Page I 45, in the Buncombe County Public Registry, and running thence with the center line of Old Bee Tree Road the following two (2) courses and distances: ( l) North 08-37-03 East, 314.33 feet to a point; and (2) North 10-01-34 East 623.21 feet to a point; thence leaving Old Bee Tree Road and running South 80-32c 10 East, 33.25 feetto an existing concrete monument; thence continuing South 80-32-10 East, 622.06 feet to an existing concrete monument; thence continuing South 80-32-10 East, 93 1.02 feet to an existing concrete monument; thence continuing South 80-32-10 East, 30.00 feet to a point in Bee Tree Creek; thence South 25-57-13 East, 163.93 feet to a point in said creek; thence crossing and re-crossing said creek South 24-13-13 East, 624.48 feet to a point on the East bank of said creek; thence leaving the creek. South 62-20-14 East 63.56 feet to an existing iron pipe; thence South 18-23-46 West, 74.25 feet to a point in said Bee Tree Creek; thence South 14-36-14 East, 346.50 feet to a point on the East bank of said creek; thence South 16-36-14 East. 24 7 .09 feet to an existing nail in the bridge over said Bee Tree Creek; thence with the center line of Farm School Road, the following fifteen(l5} course and distances: (1) South 87-22-03 West, 272.66 feet to a point; (2) South 87-07-51 West, 451.39 feetto a point; (3) South 86-35-00 West, 569.31 feet to a point; ( 4) South 87-18-5 l West, 113.62 feet to a point; (5) North 87-08-37 West, 58. 75 feet to a point; (6) North 77-32-13 West, 60.07 feet to a point; (7) North 65-54,32 West, 46.73 feet to a point; (8) North 55-07-16 West, 63.65 feet to a point; (9) North 44-03-04 West, 67.95 feet to a point; (I 0) North 39-14-01 West, 394.80 feet to a point; (11} North 39-51-35 West, 230.95 feet to a point; (12) North 41-22-39 West, 120.90 feet to a point; (13) North 45-13-18 West, 58.81 feet to a point; ( 14) North 49-00-50 West, 61.38 feet to a point; and (l 5) North 53-05-08 West, 48.19 feet the point and place of beginning, containing 65.063 acres or 2,834, 128.472 square feet, BEING ALL of the property conveyed to Seller by deed from Winston Mills, Inc. recorded January 31, 1995 in Deed Book 1834 Page 689, Buncombe County Registry .

\00054462.DOC}NC Bar Association Forni No. 6 ~) 1977. 201J2 Prinled by Agreement with the NC B~r Associatiun - I 98 t WCSR 3801791vl

258

- Doc. Ex. 320 -

C1-346

Exhibit"B" 4 The Permitted Exceptions

l. Taxes for the year 2008 and thereafter which are not yet due and payable.

2. Easement to Metropolitan Sewerage District of Buncombe County recorded in Book 3326 Page 259, as released or modified at Book 3678 Page 465.

3. Easements to Carolina Power and Light Company recorded in Book 721, Page 228; Book 727, Page 380; Book 969, Page 511; Book 1032, Page 603; Book 1046, Page 355; Book 1050, Page 460; Book 1054, Page 432; Book 1564, Page 613; Book 490, Page 599; Book 626, Page 157, Book 490, Page 556; Book 490, Page 598, Buncombe County Registry.

4. Rights of others in and to the continued and uninterrupted flow of Bee Tree Creek.

5. Notice to the Deed of Winston Mills, Inc. recorded in Book 1745, Page 300 concerning use ofa portion of the property to manage hazardous wastes.

6. Title to that portion of the property within the bounds of Farm School Road and Old Bee Tree Road.

7. Easement( s) to Southern Bell Telephone and Telegraph Company recorded in Book 3 51, Page 180; Book 351. Page 186 and Book 468, Page 328, Buncombe County Registry.

8. Easement(s) to City of Asheville recorded in Book 125, Page 401; Book 234, Page 395; Book 862, Page 289 and Book 1079, Page 243, Buncombe County Registry.

9. The following matters that are shown by survey dated January l 3, 1995, and last revised January 19, 1995, by M. Dale Cipar, Registered Land Surveyor; a) seventy (70) foot wide Carolina Power & Light Company easement affecting subject property; b) twenty (20) foot wide water line easements affecting subject property; c) utility lines including electric, telephone and gas lines affecting subject property; d) drainage ditch, drainage canal, drainage area and sanitary sewer lines affecting subject property.

100054462.DOC)NC Bar Associalion Form No. 6 © 1977. 2002 Printed by Agreement with the NC Bar Association • 198 l WCSR 3801791vl

259

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- Doc. Ex. 321 -

C1-347

Respondent’s Exhibit F Foundational Background Information

- Doc. Ex. 322 -

C1-348

Exhibit F-1 1990-08-29 - Administrative

Order on Consent

261

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- Doc. Ex. 323 -

C1-349

- Doc. Ex. 324 -

C1-350

263

- Doc. Ex. 325 -

C1-351

- Doc. Ex. 326 -

C1-352

265

- Doc. Ex. 327 -

C1-353

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MAY 06 1 93 15=40 P.6

8.

9.

10.

11.

period for the plan. Concurrently the Section will review th~ plan and at the cottl'llusion of the comment period.. will either approve the plan or request .inoditlcations within ~inety (90) dayt of its receipt. Tho Section will provide Asheville Dyeing & Finishing with apcc:ific written comment.a concerning any requested modffleation. Al!heville Dyeing & Finiohing shall make modifications or submit a new plan within. 30 days after receiving such written comment.s. The Scx:tion will approve; or modify this plan in writing within 60 days and if the Section modifies the plan, this modified plan will be the approved closure plan.

Comply with 40 CFR 265.113(b), codified at 10 NCAC lOF .0033 . .Asheville Dyeing &. Finishing shall complete closure activitiea within 180 days of approval of the closure plan unless an ~sion is granted punuant to this 1ection,

~mply with 40 CPR 165.ll.4, codified at 10 NCAC lOF .0033. Ashe\lille Dyeing &. i::mishing shall. prior · to oompletion . of closure, dilposc of or decontaminate all equipment and atructurc:a propc:rly. ·

Comply with 40 CFR 265.US(a) codified at 10 NCAC 10F .0033. Within sixty (60) ~a.lendar days of the effective date of this Order, unl~s an axtension is granted by tlle Section~ AsheVill~ Dyeini & Fmishing shall h~ve a written post-c:losuro plan which meets t.he rcquir=.Jents of paragraph {c) of Section 265.118 and shall submit this plan to the Section for approval.

Comply with 40 CFR 26S.142(a) codified at 10 NCAC 10F .0033 by lnclucling in the clo~uro plan submitted to this office or in a separate submitta~ ~ complete itemized clMure cost estimate .

12. Comply with 40 CPR 26S.144(a), codJfled at 10 NCAC lOF .0033, by including fn the above post-closure plan submitted to th.is offico a complete ttemiz:ed pest-closure tost estimate.

13. Comply with 40 CFR 265.1431 codified at 10 NCAC 10F .0033, and 265.145 codified at 10 N'CAC lOF .0033. Asheville Dyeing & Finishing shall, wJthfn sixty (60) calendar days of the effective date of this Order, demonstrate financial assurance for closure and/or po1t-olo.suro. Should Asheville Dyeing & Finishing fail to complete closure within one hundred eighty (180) daya of approval by the Section of its closure plan, Asheville Dyeing & Finishhla: ~hall, at that time, Jmmedlately demonstrate liability coverage in aecordance with 40 CFR 265.147, codified at 10 NCAC !OF .0033(h).

14. Comply with. Z70.10(a) codified at 10 NCAC lOF .0034. Within forty-five (45) calendar days of the effective date of this Order, Asheville Dyeing 8' Finishfn& shall complctcl, aip and submit a Part A application to the Section ea d~cdbed Jn this section and 11eetiom 210.70 through 270.73.

-5-

266

. \

WASC0004966

- Doc. Ex. 328 -

C1-354

; .. l'.1flY 06 '93 16:40 P.7

If any event occurs which causes delay in the achievement of the requirements of this Consent Order, Asheville Dyeing & Finishing shall have the burden of proving that the delay w.as caused by circumstances beyond the reasonable control of Asheville Dyeing & Finishing which could not have been overcome by due diligence. Asheville Dyeing & Finishlngts primary CO:D.taet shall ·ptomptly notify the Division's primary contact orally and shall within seven (7) busineq days of oral not:iti.cation to tho Divition notify the Division in writing of the anticipated length and cause of the delay, and tht:1 time table by which Asheville Dyeing & FinfshinS intends to Implement the1e measures. If the parties can agree that the delay has been. ot will be caused by circuM&tances beyond the reasonable control of .Asheville Dyeing & Finishing, the time for pcrfmmanca hcsreundar shall be mtr.mdcd Cot a period equal to the delay resulting from such circumstances. Allheville Dyeing & Finisbfng shall adopt an reasonable nieasw'eil to avoid or minimjze delay. Failure of Asheville Dyeing & Finishing to comply wi.th the notiae requirements af this paragraph Bhall render this paragraph void and constitute a waiver of Asheville Dyeing &. Finishing's rights to request a waiver of the requirmncmts of this Cllpsc:nt Order. Inc;r~ed costs of pcrfOrlliance of the terms of this Consent Order or changed economic cJrcu.mstances shall not be considered circumstances beyond the control of Asheville Dyeing & F1nishing. ill the event that the Division and Ashevilla Dyeing & Fimshing cannot agree that any delay in tho aohi~voment of the requirements of this Consent Order. including the faituro to submit any report or document. has been or will be caused by c:ireumatancea beyond the reasonable control of Asheville Dyeing &. Pini.sbing, the dispute shall be resolved in accordance with the provision of the "Di&pute Resolutiona soci:ion of this Consent Order.

POTENTIAL CONSEQUENCES OF F.AIWRE TO CQMPLY

Asheville Dyeing & Finishing is hereb}' adviBed· that pur11Uant to N.C. Gen. Stat. 130A·22. that each day it fails to achieve the requirements in the above parasraph, or otherwee be in violation of any requirement of the Act or the Rules, or the terms of this Administrative Order on Consent, constitutes a separate violation for which e penalty of up to $25,000.00 per day may be imposed. If the violatlon(s) continueJ, Asheville ·Dyeing & Finishing may also be aubject to further· enforcement as authorized under the North Carolina Solid Waste Management Act and Rules. including injunction from any further generation of hazardOWJ waate and such further relief es may be necessary to achJcve compliance with the North Carolina Solid Waste Miuiagement Act and Rul~.

The penaltfes set forth In thJs Section do not preclude the: Division fronl electing to pursue: any other remedies or sanctions, which may be available to the Division by reason of Asheville Dyeing & Finishing'& failure to comply with any of the requirements of this Coment Or4er, Payment of any m.ount provided for tn this section shall not relieve Asheville Dyc!ng & Fioishing from complying with any requirement of this Order or any obligation Jmposed by law •.

267

•

• WASC0004967

- Doc. Ex. 329 -

C1-355

•

•

•

P.B .,

\ ... ) · . ._;

nrseum RF.SOLUTION

If Asheville Dyeing & Fmishing objcct11 to any Division notice of disapproval or decision made pursuant to thls Consent Order, Asheville Dyeing &. Finishing shall notify the Division in writing of ita objectian within fourteen (14) calendar days of receipt of the dccfaion. The Oi\rfsion and Asheville Dyeing & Finishing then have an additional fcurti=cn (14) calendar days from receipt by the Division of the notification of ohjet.ltlon to r~ch agreement. If agreement cannot be reached on any issue withfn this fourteen (14) calendar day period or an additional period agreed upon by tho parties, tho Division shall immediawly provide a written statement of its decision to Asheville Dyeing & Finishing.

Tb.is· Order is hereby entered i~ on this ~day of ~ .1990.

By:

By:

SOLID WASTE MANAGEMENT DIVISION NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES

iJAJJ,;....1- Y4'~ . William L Meyer, ~or

Solid Waste Mana~ement .OMalon

WINSTON MIU.S~ INC. (OF WHICH ASHBVILLE DYEING & FINISHING IS AN UNJ.NCORPORA!BD DMSION)

·~ .. ~. ~· Its: Vice l.lrasioent

268 WASC0004968

- Doc. Ex. 330 -

C1-356

Exhibit F-2 1992-12-08 - Plat reflecting

post-closure landuse restrictions

269

•

•

•

- Doc. Ex. 331 -

C1-357

270

- Doc. Ex. 332 -

C1-358

•

Exhibit F-3 1992-12-11 - Closure Certification Report

•

• 271

- Doc. Ex. 333 -

C1-359

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I 1t-1

Closure Certification Asheville Dyeing and Finishing

Swannanoa, North Carolina EPA ID NCD070619663

December 11, 1992

Prepo.red For

Asheville Dyeing and Finishing Swannanoa, North Carolina

For Submitto.l To

North carolina Department of Environment, Health, and Natural Resources

Dhision of Solid Waste Management Hazardous Waste Section Raleigh, North Carolina

PrepatedBy

Aquaterra, Inc. Ra.Jeigh, North Carolina

272

- Doc. Ex. 334 -

C1-360

273

- Doc. Ex. 335 -

C1-361

' • ~

1

' ~ ' • ' I , ' ' I 3 , '

Asheville Dyeing and Finishing R1893-92

December 11, 1992 Page2

I am familiar with the referenced documents and sub.sequent activities discussed in the closure plan. If you have any questions, please contact me at (919) 859-9987.

Sincerely,

\ VWV\l"'V~ Kenneth L Jes ck, P.E. Project Manager/Senior Engineer

Senior Peer Review By

~fi.~~ Kirk B. Pollard Senior Project Manager

KLJ/cbb

ASHEVILLE DYEING and FINISHING .~~ ~C.()V

James Williams Plant Manager

cc: Mr. Steve Pegg-Asheville Dyeing and Finishing Ms. Yvonne Bailey-Womble, Carlyle, Sandridge & Rice

274

- Doc. Ex. 336 -

C1-362

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1 Introduction

Closure Certification Asheville Dyeing and Finishing

Swanna.noa, North Carolina EPA ID NCD070619663

December 11, 1992

AsheviJJe Dyeing and Finishing (AD&F) has contracted with Aquaterra, Inc. (Aquaterra) to implement the approved closure plan to meet the requirements of an Administrative Order on Consent (Order). The Order was executed on August 29, 1990, between AD&F and the North Carolina Department of Environment, Health, and Natural Resources (NCDEHNR), Division of Solid Waste Management (DSWM). The AD&F facility is located on Warren Wilson College Road jn Swannanoa, Buncombe County, North Carolina (see Figure 1).

The purpose of this report is to certify that the closure of the facility has been conducted according to the specifications in the approved closure plan. The closure plan was prepared in accordance with Title 40 of the Code of Federal Regulations {40 CFR) Part 265.112 (a), codified at Title 15A of the North Carolina Administrative Code (NCAC) Section 13A .00110. For clarification, the following documents constitute the approved closure plan for AD&F:

• Roy F. Weston's Closure/Post-Closure Plan, dated March 31, 1992 • Aquaterra'sAddendum of Closure/Post-Closure Plan, dated May 11, 1992 • North Carolina Department of Environment, Health, and Natural Resources,

Division of Solid Waste Management, correspondence, dated July 8, 1992 Aquaterra'sAddendum of Closure/Post-Closure Plan, dated September 2, 1992

The facility was closed as described in 40 CFR Subpart G, Part 265.111, in a manner that

• minimizes the need for further maintenance, • controls, minimizes or eliminates, to the extent necessary to protect

human health and the environment, post-closure escape of hazardous waste, hazardous constituents, leachate, contaminated runoff, or hazardous waste decomposition products to the ground or surfaces or to the atmosphere, and complies with the closure requirements of this subpart including, but not limited to, the requirements of 40 CFR parts 265.197, 265.228, 265.258, 265.280, 265.310, 265.351, 265.381, and 265.404.

The closure plan was prepared to comply with the applicable provisjons of 40 CFR Parts 265.197 and 265.310. These sections describe closure and post-closure activities for a tank system and landfill, respectively.

P2ghlof8

•

•

- Doc. Ex. 337 -

C1-363

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• ' !I I

2

2.1

Closure Methodology

Closure of the Tank System


December 11, 1992

As presented jn the closure plan, the waste management unit (Unit) consisted of a 2,000-gallon waste tetrachloroethene (PCB) tank and associated pipfag. On March 23, 1985, the waste PCE tank and a virgin PCB tank were excavated, and the resulting pits were backfilled. Apparently, no soil was removed for off-site disposal during this activity. The piping system was left intact. These closure activities only involve the waste PCB tank.

2.2 Qosure Activities

2.2.J Closure Perfonnance Standards

Based on the results of previous site investigations, the extent of PCE in the soils appears to be confined to the former waste tank pit. A series of site activities were developed that were implemented for closure of the Unit as a landfill. These activities were conducted in accordance with 40 CFR Part 265.310 and include the following:

•

•

•

•

•

•

•

Excavation of existing tank system piping .

Excavation of soils within the confines of the former tank pit.

Analytical testing to determine hazardous waste classification .

Disposal of the soil at a permitted hazardous waste landfill, if necessary.

Backfilling excavated areas with clean fi]] •

Placement of a non-select fill material in the pit to support the clay cap.

Installation and compaction of a clay cover that exhibits a permeability less than or equal to the natural subsoils underlying the Unit.

• Installation of a topsoil cover and establishment of a vegetative stand.

2.2.2 Excavation .Acti.viti.es

2.2.2.1 Piping System

On October 13, 1992, site activities were initiated by excavation of the soil with a trackhoe to expose the tank system piping. Four Seasons Industrial Services, Inc. was contracted for removal and construction activities. Two pi~es were located in the trenches (i.e., one pipe associated with the former virgin -PCE tank, and the other associated with ~he to the former waste PCE tank). Excavations extended laterally and vertically a distance of approximately I foot around the piping; however, $ · .;.,_

~j0 AQUAlERRA. '-,-l .r ' · \·''

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- Doc. Ex. 338 -

C1-364

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Asheville Dyeing and Finishing R1893~92

December 11, 1992

activities ceased in the vicinity of the water and natural gas lines. Piping in these areas were pulled horizontally from beneath the water.and gas lines (see Figure 2). The piping was then cut into approximately 4·foot lengths and containerized for translt to a permitted landfill.

During excavation, the soil was periodically monitored with an organic vapor analyzer (OVA) to determine whether a release had occurred. The excavated soil was placed along the side of the trenches. The OVA readings were all less than 1 part per million (ppm). After removal of the pipes, confirmatory soil samples were collected from each of the three segments of the exposed trenches. Since no leaks were apparent in the piping system, only one sample was collected from each segment. The trenches were then backfilled with the previously excavated material (see photographs in Attachment A).

Soil samples PS-1, PS-2, and PS-3 were collected from the bottom of their respective trench segments using a stainless steel scoop. Each soil sample was transferred to a glass container with a teflon-lined cap and was stored on ice at 4° C until delivery to the analytical laboratory. Sample identification, chain-of-custody, and shipment protocols were followed as outlined in the approved sampling and analysis plan for AD&F. Each sample was analyzed for volatile orgamc compounds (VOCs) in accordance with SW-846 Method 8240.

The analytical results indicate that PCE was detected in samples PS-1, PS-2, and PS-3 at concentrations of 59 µglkg, 62 µ.g/k~, and 25 µ.g/kg, respectively (see Table 1 and Attachment B). Sample PS-2 exhibited concentrations of acetone (110 µ.g/kg), 1,2.ctichloroethane (280 ~g/kg), and trichloroethene (96 µ.g/kg). Acetone can be attributed to either the equipment decontamination procedures, as evidenced by field blank (FB-1) with a concentration of 52 µ,g/L or laboratory contamination (92µg!L). Trichloroethene and 1,2-dichloroethane have been documented as breakdown or daughter products of PCE.

2.2.2.2 Former Tank Pit

Subsequent to piping removal activities, the former pit was visually identified by the depression left after previous pit backfimng. The soil from the former tank area was excavated with a trackhoe and placed directly into dump trucks, supplied by Laidlaw, Inc., for direct transportation to their hazardous waste disposal facility located in Pinewood, South Carolina (see photographs in Attachment A). The excavation of the soil continued until the contents of the former tank pit plus 1 foot horizontally into the native soil and vertically to the approximate water table was removed. The final pit dimensions were 9 feet wide by 14.5 feet long by 17 feet deep, for a total of approximately 82 cubic yards of soil. Copies of the completed manifests are located in Attachment C. Previously accumulated cuttings fromthe monitoring welJ installations were included in the disposal manifest.

Confirmatory soil samples were collected with the trackhoe bucket from each wall of the pit at 10 to 11 feet below ground surface and at the midway point along each side for a total of four samples. The soil was sampled from the middle of the trackhoe bucket from each location using a stainless steel scoop. Prior to sampling, a representative portion was obtained and measured with the OVA to obtain an

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- Doc. Ex. 339 -

C1-365

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,


December 11, 1992

indication of contamination. Subsequently, a representative sample from the trackhoe bucket was transferred to a glass container with a teflon-lined cap, and stored on ice at 4° C until delivered to the analytical laboratory. Sample identification, chain-of-custody, and shipment protocols were followed as outlined in the apJ?roYed sampling and analysis plan for AD&F. Each sample was analyzed for VOCs m accordance with SW-846 Method 8240.

The samples were identified as UST·l (south wall), UST-2 (west wall}, UST-3 (north wall), and UST-4 (east wall) (see Figure 2). The OVA readings for UST·l, OST-2, UST~3, and UST-4 were 1, 2, io, and 100+ parts per million (ppm), respectively.

The analytical results of the samples indicate that PCE was detected in samples UST-1 and UST-4 at concentrations of 54 µ.g/kg and 490,000 µ.g/kg, respectively (see Table 2 and Attachment B). The PCE concentration for sample UST-2 was below detection limits as were the remaining VOCs of the other two samples. Sample UST-3 was broken during transportation to the laboratory; therefore, the sample could not be analyzed.

2. 2.3 Final Cover Constrnction

2.2.3.1 Subgrade Backfilling

Prior to backfilling activities, polyethylene sheeting was draped on the east wall of the excavation to provide a barrier to divide the naturaf soil from the backfill material in the event additional excavation was deemed necessary in that area. The sheeting extended al?proximately 3 feet horizontally over the east wall to minimize surface water from mfiltrating through the impacted soil. The excavated pit was restored by backfilling with crusher run stone to a depth of approximately 2.5 feet below grade surface (see Figure 3). The stone was dumped directly into the pit and was spread evenly in approximately 2-foot layers. Each 2-foot lift was tamped with the bucket of the trackhoe. Stone placement and compaction continued until a stable final grade was achkved. Approximately 70 cubic yards of crusher run was placed in the excavated pit.

A representative sample of the crusher run was collected and analyzed in accordance with Toxicity Characteristics Leaching Procedure (TCLP) protocols for metals and organics prior to being placed into the pit. The analytical results indicated that no TCLP constituent concentration was greater that its respective threshold level (see Attachment D). Barium was the only compound detected in the TCLP extract at a concentration of 1.74 rng/L.

2.2.3.2 Oay Layer

The construction of the cover continued by placing a 2-foot clay layer above the crusher run. The clay was spread on the crusher run with the bucket of the trackhoe in lifts that did not exceed 8 inches. Compaction of the clay was achieved by tamping with the bucket of the trackhoe and passing over each lift with the tracks of the excavator. The final elevation of the clay layer was approximately 0.5 feet below natural grade (see Figure 3).

Jig'¢8of8

- Doc. Ex. 340 -

C1-366

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December 11, 1992

The density of the clay layer was determined in the field according to the modified Proctor procedure (ASTM D 1557). GeoTechnologies) Inc., was subcontracted to perform the density tests (see Attachment E). The results of the modified Proctor test indicate that the in situ density was compacted to 91.6 percent modified Proctor. Additionally, a standard Proctor (ASTM D 698) was performed in their laboratory with the compaction effort achieving 97.1 percent.

The closure plan required that the pemleability standard of the clay layer be less than or equal to the natural subsoils of the Unit. To determine the permeability of the subsoils, a 6-foot deep pit was excavated adjacent to the Unit. The sides of the pit were sloped sufficien~ to provide safe access into the pit. A double-ring mfiltrometer test (ASTM D 3385-75) was used to measure the permeability of the subsoil as well as the permeability of the clay layer on the unit. Each location was presoaked during the previous night before the tests were initiated. The permeability~ the natural subsoil was determined to be approximately 1 inch per hour (7.1x10 cm/sec) (see Attachment F). ~e permeability of the clay layer was calculated to be 0.06 inches per hour ( 4.3 x 10- cm/sec), which correspondences to an order of magnitude less than ·the subsoil. Upon completion of the permeability tests, the subsoil test pit was backfilled. The surface of the clay layer was repaired by replacing the clay and hand tamping.

2.2.3.3 Topsoil Layer

Topsoil was mounded over the clay layer at an approximate thickness of 24 inches in the center and was sloped outward in all directions. The final slope ranges from 3 percent to S percent and tapers out approximate1y 5 feet beyond the edge of the pit in all directions (see Figure 3).

The topsoil was prepared by adding dolomitic lime and 10-10-10 fertilizer at rates of 2,000 pounds per acre (Ibs./acre) and 1000 lbs/acre, respectively. Kentucky 31 Fescue was applied at a :rate of 60 lbs./ac:re and was mixed with a rye grain at a rate of 25 lbs./acre. Straw mulch was spread at a rate of 2,000 lbs./acre to protect the seed as it germinates .

.2.3 Closure Plan Discrepancies

•

•

Several discrepancies were noticed in the approved closure plan (Weston's March 31, 1992, document) and presents conflictin~ information for closure activities related to final cover construction. Section 2.2.3 discusses the final cover design and methods of construction, and refers to a figure showing cross-sections of the cover. The excavation activities, discussed in Section 2.2.1.2, require that the excavation extend laterally approximately 1 Mfoot beyond the limits of the former pit. These two sections agree that the walls of the pit are vertical before backfilling. The discrepancy occurs in Section 2.2.3.1 of the plan that states the clay layer as designed extends beyond the limits of 1he former tetrachloroethene tank pil by approximately five feet in each direction. These two specifications are in direct conflict with each other since the cJay layer will be confined to the vertical pit. Since the regi.:ilations pertaining to closure as a landfill require that migration of water through the Unit be minimized, construction as described in Section 2.2.1.2 with the corresponding figure • was used as the methodology for closure. ,~ ,~

= ~ .-· AQ!JATI!RRI\ . ,'J .. ' : ~- ·

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- Doc. Ex. 341 -

C1-367

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~heville Dyeing and Finishing R1893-92

December 11~ 1992

Another discrepancy occurs in Section 2.2.3.3. The narrative states that the day layer be constructed with a 3 percent minimum slope to promote drainage away from the. site. However, Figure 2 referred to in Section 2.2.2.1 does not indicate any mound for the clay layer; rather the topsoil is mounded to promote drainage. Because the clay layer cannot be inspected after the topsoil has been placed on the Unit, the topsoil was mounded.

The minimum compaction effort required for the clay layer has dual specifications. Section 22.3 states that the clay be compacted to at least 90 percent modified Proctor while Figure 2 requires compaction to at least 95 percent of maximum dry density using the standard Proctor test. Based on the subcontractors report, the compaction of the clay has satisfied both requirements; therefore, this discrepancy does not affect the closure activities.

The closure plan does not specify remediation endfoints for soil. Aquaterra assumed that a total voe concentration of less than mg/kg in the soil from the piping system would not require further action. No provisions were provided in the closure plan that requires that soHs in excess of any established action levels would be removed during excavation; therefore, all excavation activities were limited to the requirements of the plan. In the event that contamination is detected, Aquaterra suggests the impacts to soil be addressed during post-closure care .

3 Quality Assurance/Quality Control Measures

3.1 Quality Assurance Sampling

The effectiveness of decontamination procedures was monitored each day equipment was used as required by the closure plan. Samples were collected by rinsing field decontaminated equipment with distilled water and submitting the rinse water to the analytical laboratory. Since the field operations consisted of two consecutive days, a sample was collected from each daily field decontamination event and were Jabelled as DC-1 and DC-2. The samples were submitted for VOC analysis according to SW-846 Method 8240. The analytical results for both samples indicated that no VOCs were detected in the samples (see Attachment B).

The supply of distilled water used for decontamination was sampled as a field blank to determme the presence of VOCs and was identified as FB-1. Acetone was the only VOC detected in the sample at a concentration of 52 µ,g!L. However, acetone was also detected in the laboratory method blank at 92µ,g/L.

3.2 Decontamination Procedures

The decontamination procedures employed during the field sampling were performed in accordance with the intended use of the sampling equipment. For sampling equipment constructed of stainless steel, teflon, or metal that came in direct contact with the sample media, the procedure adhered to the protocols presented in the sampling and analysis plan and are summarized below:

• thoroughly rinsed with tap water 1-~

AQUATERRA. '.;i'·i· · Ol" '/•f.":;'~·. , ...

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- Doc. Ex. 342 -

C1-368

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December 11, 1992

thoroughly washed with phosphate-free detergent

thoroughly rinsed with tap water thoroughly rinsed with distilled water thoroughly rinsed with 2-propanol wrapped in aluminum foil

3.3 Waste Disposal

All decontamination fluids were controlled and contained at all times in the designated staging area. All fluids were collected in one 55-gallon drum, labelled, and transferred to a fenced and locked holding area.

A representative sample was collected from the drum (DS-3) and was submitted to an analytical laboratory for VOC analysis according to SW-846 Method 8240. The results of the sample indicated a concentration of 1,500 µ,g/L of methylene chloride and 88,000 µ,g/L of acetone. This drum will be pumped into the 2,000-gallon tank onsite used for well purge water and will be treated with air. After treatment the water will be discharged to the sewer as approved by the metropolitan sewerage district.

4 Conclusion and Recommendations

AD&F has submitted a closure plan that has subsequently been approved by the NCDEHNR, DSWM. The following documents are referenced as the approved dosure plan:

• • •

•

Roy F. Weston's Closure/Post~Closure Plan~ dated March 31, 1992 Aquaterra'sAddendum of Closure/Post-Closure Plan, dated May 11, 1992 North Carolina Department of Environment, Health, and Natural Resources, Division of Solid Waste Management correspondence, dated July 8, 1992 Aquaterra'sAddendum of Closure/Post-Closure Plan, dated September 2, 1992

Construction activjties commenced on October 13, 1992, to implement the provisions of the approved closure plan. The associated pipfog with the former PCE virgin and waste tanks were located and removed. Confirmatory soil sampli~~-indicated that the concentrations of PCE are less than the action JeveJ of 1;000 µ.g1Kg that DSWM typically uses. The former waste tank confirmatory soil sampling indicated that residual concentrations remain in the native soils on at least two sides of the Unit. Aquaterra recommends that the concentration of PCE be verified by collecting another representative sample from the east wall. Remediation of the residual concentratmns of PCE will be addressed during post-closure care sjnce the volume of impacted soil could not be determined durin$ closure. The cover system was constructed in such a manner that post-closure Lmpact of PCE to the ground water will be minimized. Ground water will be addressed during the post-closure plan care period.

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- Doc. Ex. 343 -

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December 11, 1992

All provisions of the closure plan (Weston's March 31, 1992, document) could not be adhered to during the construction of the cover system. Three specifications were presented with conflicting instructions and are as follows:

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Section 2.2.3 discusses the final cover design and methods of construction that refers to a figure showing cross-sections of the cover. The excavation activities, discussed in Section 2.2.1.1, require that the excavation extend laterally approximately 1 foot beyond the limits of the former pit. Section 2.2.3.1 discusses that the day Jayer is designed to extend 5 feet in each direction beyond the pit. The clay layer, as constructed, has the dimension of the former pit plus approximately 1 foot horizontally into native soil (9 feet wide and 14.5 feet long).

Section 2.2.3.3 discusses that the clay layer be constructed with a 3 percent minimum slope to promote drainage away from the site. However, the figure referred to in Section 2.2.1.1 does not indicate any mound for the clay layer. The final surface of the clay layer is level, and the topsoil has been mounded to promote drainage. The cover system will be inspected quarterly .

Section 2.2.3 states that the soil be compacted to at ]east 90 percent modified Proctor while the corresponding figure requires compaction to at least 95 percent of maximum dry density using the standard Proctor test. The in situ soil density exceeds both requirements.

The cover system was constructed in a manner that the above conflicting specifications will not affect the performance of the cover system. The cover system will perform in accordance with the performance standards, and all activities were conducted with the intent of conformmg to the specification of the approved closure plan.

P~lof8

- Doc. Ex. 344 -

C1-370

Exhibit F-4 1993-03-10 - Letter from the Hazardous

Waste Section accepting closure and triggering post-closure

283

•

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•

- Doc. Ex. 345 -

C1-371

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State of North Carolina Department of Environment, Health, and Natural Resources

512 North Salisbury Street• Raleigh, North Carolina 27604 Division of Solid Waste Management

Sr James B. Hunr, Jr., Governor Telephone 919-733-2178 Jonathan B. Howes, Secretary

March 10, 1993

Mr. Steve Pegg Director of Employee Relations Asheville Dyeing and Finishing Warren Wilson College Road Swannanoa, North Carolina 28778

Reference: Former Hazardous Waste Underground Storage Tanlc certification of closure NCD 070 619 663

Dear Mr. Pegg:

The Hazardous Waste Section received certifications of closure from Asheville Dyeing and Finishing company and the. independent professional engineer on December 11 1 1992. These certifications stated that the closure activities for the forroe~ hazardous waste underground storage tank were completed according to the approved closure plan. Additionally, this office conducted a closure inspection on October 29, 1992 and found Asheville Dyeing and Finishing Company to be in compliance with the approved closure plan.

Your certifications of closure are hereby accepted.

A copy of this letter will be forwarded to the Waste Management Branch, who will address details concerning financial assurance for closure under a separate letter.

Asheville Dyeing and Finishing Company should implement the approved post-closure plan for the former hazardous waste underground storage tank.

P.O. Box 27687, Raleigh, Nord! Carolina 27611-7687 Telephone 919-733'4984 faJ< I 919-733-0513

An Eql.l.11 Opponunicy Affirmative Aclion Employer

284

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C1-372

Mr. Steve Pegg March 10, 1993 Page 2

If you have any questions, please contact Rob McDaniel at (919) 733-2178.

Sincerely,

VY::;~ H0:; ~ead ~~itting Branch

WFH/RCM/9.WP3

cc: G. Alan Fanner, US EPA; Region IV James A. carter Jenny Lopp R. James Edwards Spring Allen Gray B. Stephens Yvonne Bailey Robert c. McDaniel

285

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- Doc. Ex. 347 -

C1-373

•

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Exhibit F-5 1993-03-15 - Post-Closure Semi-Annual

Groundwater Monitoring Report

/

286

- Doc. Ex. 348 -

C1-374

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January 1993 Post-closure Semiannual

Ground Water Monitoring Report Asheville Dyeing and Finishing

Swannanoa, North C&rolina March 15, 1993

Prepared For

Asheville Dyeing and Finishing Swannanoa, North Carolina

For SubmitttJ To

North Carolina Department of Environment, Health, and Natural Resources

Division of Solid Waste Management Hazardous Waste Section Raleigh, North Carolina

Prepared By

Aquaterra, Inc. Raleigh, North Carolina

287

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- Doc. Ex. 349 -

C1-375

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.. f:Ji} AQUATERRA. I

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Environmental Consultants March 15, 1993

Ms. Yvonne C. Bailey Womble Carlyle Sandridge and Rice Post Office BOx 831 Raleigh, North Carolina 27601

Reference; January 1993 Post-closure Semiannual Ground Water Monitoring Report Asheville Dyeing and Finishing Swannanoa, North Carolina Aquaterra Job No. 2190102

Dear Ms. Bailey:

In accordance with the Administrative Order on Consent signed by Asheville Dyeing and Finishing (AD&F) on August 29, 1990, Aquaterra, Inc.- (Aquaterra) has completed the January i993 semiannual sampling activities at the Ab&F site located in Swannanoa, North Carolina. These activities are intended to conform with 40 CFR 265, Subparts F and G.

Aquaterra recommends continuing post-closure semiannual sampling as scheduled . The July 1993 semiannual sampling will include sampling monitoring wells MW-Zs, MW-12s, MW-12i, and MW-13s for analysis of volatile organic compounds, semivolatile organic compounds, total RCRA metals, and total iron and manganese. Iron and manganese were inadvertently omitted during this sampling event.

H you have any questions regarding the attached report, please call me at (919) 859-9987.

Sincerely,

:C0* Thomas V. Taylor, P.G. Project Manager

Senior Peer Review By

~Iii.~ Kirk B. Pollard Senior Project Manager

R1966-93!fVf /KBP/tjh

P. 0. ~"" )\J.l28 l\akil(h. NC. 27650

(91<>) l!'i')-')')87

FAX (9!9) t\59-'J'J:\0

Chllll0ttc Offirc

I'. 0. Box 668107 Charlotte, NC 2a266-B 107

(704) ~25-8680

FAX (7o~ggn

Gr~:cnslxmi Offic~

P. 0. Box 11121 I Or<;cngf:ioro_ NC Z7416-0241

(919) 27.M003 FAX (919) 27Hll3S

- Doc. Ex. 350 -

C1-376

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January 1993 Post-Oosure Semiannual

Ground Water Monitoring Report Asheville Dyeing and Finishing

Swannanoa, North Carolina March 15, 1993

1 Introduction

Aquaterra has completed the January 1993 post-closme semiannual ground water sampling activities at the Asheville Dyeing and Finishing (AD&F) site located in Swannanoa, North Carolina (see Figure 1). These activities are intended to address the requirements in the Admm:istrative Order on Consent (Order) signed by AD&F on August 29, 1990. The semiannual sampling involved the collection of ground water samples from hydraulically upgradient (background) monitoring well MW-2s and hydraulically downgradient wells MW-12s, MW-12i, and MW-13s from the former location of the waste tetrachloroethene (PCE) underground storage tank (UST) (see Figure 2). The intent of the sampling program is to conform with 40 CPR 265, Subparts F and G.

2 Field Activities

On January 20, 1993, Aquaterra dispatched field personnel to sample monitoring wells MW-2s, MW-12s, MW-12i, and MW-13s. Before well purging and sampling activities were initiated, water level measurements were obtained with an electric water level probe from all 19 monitoring wells and one piezometer on-site as well as four off-site wells. The measurements were recorded to within 0.01 foot and were converted to feet above mean sea level (see Table 1 ). Based upon the water level elevations measured in the shallow (s) and intermediate (i) wells (formerly referred to as deep wells), a shallow ground water flow net and intermediate ground water flow net, respectively, were developed (see Figures 3 and 4).

Prior to sampling, each well was purged by removing approximately three we11 volumes, or the well was bailed to dryness, with a dedicated laboratory decontaminated Teflon bailer suspended on new nylon cord. Following the removal of each well volume of water, the field parameters of pH, temperature, and specific conductance were measured and recorded. The last measurement obtained, following well sampling, is recorded on Table 1. All sampling activity data was documented on field log forms.

All ground water samples were collected for analysis of the following parameters:

• volatile organic compounds (VOCs) according to EPA SW-846 Method 8240A

•

•

semivolatile organic compounds (SVOCs) according to EPA SW-846 Method 8270A

Phenols according to EPA SW-846 Method 8270A

•

•

• total RCRA metals (arsenic, barium, cadmium, chromium, lead, • mercury, selenium, and silver)

...,.. =- \ . ... : AQUATEQRA. '.,'i -,· .. ~·'

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- Doc. Ex. 351 -

C1-377

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Asheville Dyeing and Firushing R1966-93

March 15, 1993

Total iron and manganese were inadvertently omitted from this sampling event. These metals will be included in the July 1993 semiannual sampling event.

Samples were collected from each well within 2 hours of purging with the same Teflon bailer used for purgin~. The samples were transferred directly from the hailers to clean laboratory provided sample containers in the fo1lowing order:

•

•

•

three 40-mL glass vials with Teflon septums for VOC samples preserved with hydrochloric acid

one I -liter amber bottle for SVOC and phenol samples with no preservative

one 500.mL plastic bottle for RCRA metals samples preserved with nitric acid

The samplers wore new vinyl gloves during the sampling procedure and changed gloves between each well. All samples were labeled with a tag identifyjng the sample number, date, time; location, analysis to be conducted, and sampler's initials. The samples were stored in a cooler and were chilled to approximately 4°C. The samples were transported to a North Carolina certified analytical laboratory in accordance with EPA approved chain-of-custody procedures (see Attachment A).

3 Conclusions and Recommendations

Shallow and intermediate (formerly referred to as deep) ground water at the site appears to continue to flow generally toward the south~southeast under an average horizontal hydraulic gradient of approximately 0.021 feet per foot, except in the vicinity of wells MW-5s, MW-6s, and MW-7s where the gradient is approximately 0.040 feet per foot (see Figure 3). Ground water levels across the site have risen an average of 1.64 feet in the shallow wells and an average of 1.88 feet in the intermediate wells as compared to the October 1992 water level data. Some water level anomalies were noted in several of the wells that included a 6.78 foot increase in well MW-5s, a 3.58 foot increase in well MW-6i, a 2.88 foot decrease in well MW-7s, and a 0.92 foot decrease in we]] MW-8s since the October 1992 data.

Generally, the region received significant amounts of precipitation during the months of November and December 1992, and January 1993, explaining the average rise of the water table. The significant water level increases noted in wells MW-Ss and MW-6i are represented as a mounded area on Figures 3 and 4 based on the atypjcaJ contour deflections. The anomalous water level decreases noted in wells MW-7s and MW~Ss are represented as a depression in this area as shown on Figure 3. A possible explanation of the mounding may be due to water being trapped in the fill material that was identified in the borings for wells MW-5s and MW-5i. The depression noted around MW-7s and MW-Ss may be related to excavation work in the area to reroute the sewer line that is located close to wells MW-7s and MW-Ss in the front (south end) of the building .

,::. 1. ··'

AQU4.TERRA. -, -i . . . · ~· · i.:;~·~·:~ • • :

Pag2003

- Doc. Ex. 352 -

C1-378

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I I I I I


March 15, 1993

The field measured parameters of pH, temperature, and specific conductance appear to be within acceptable ranges for the four wells sampled. .

The VOC analytical results indicate that elevated concentrations of PCE were again detected in all three downgradient monitoring wells (MW-12s, MW-121, and MW~13s). PCE was also detected in a duplicate sample of MW-12s, labeled as MW-16s. Wells MW~12i and MW-13s a]so contained elevated concentrations of 1,2-dichloroethene (see Table 2 and Attachment B). No VOCs were detected in upgradient well MW-2s or in the trip blank sample.

The acetone and methylene chloride detected in wells MW-2s and MW-12s, respectively, can be attributable to laboratory contamination based on conversations with the analytical laboratory and the fact that neither compound has been identified in the respective wells during past sampling events.

SVOCs. and phenols were again not detected in any of the sampled wells. As was previously approved by the North Carolina Department of Environment, Health, and Natural Resources (DEHNR), Division of Solid Waste Management (DSWM), Hazardous Waste Section (HWS), phenols analysis will not be included in future sampling events. .

The RCRA metals analytical results indicated concentrations exceeding. the 15A NCAC 2L Water Quality Standard {2L Standard) for chromium (0.05 mg/L) in wells MW-12s and MW-13s. All remaining metals were below their respective standards. Analysis of total iron and manganese will be continued in future sampling events since past data has shown these metal concentrations to be above the 2L Standard.

Aquaterra recommends continued semiannual sampling as scheduled. The next semiannual sampUng event will be in July 1993.

Pag29:>}3

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- Doc. Ex. 353 -

C1-379

•

•

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Exhibit F-6 1993-05-18 - Notice to the

Deed of Winston Mills, Inc .

292'

- Doc. Ex. 354 -

C1-380

BK I 7&l5'"' 300

Filed: Register of Deeds in Book ___, Page___, __ .M. on Date:-----

Drafted by: Yvonne C. Bailey /J ,'¥Womble Carlyle Sandridge & Rice r P. 0. Box 831

Raleigh, NC 27602

STATE OF NORTH CAROLINA COUNTY OF BUNCOMBE

NOTICE TO TIIEDEED OF WINSTON MILLS, INC.

(Deed Book 1138, Page 142)

WINSTON MILLS, INC. does hereby make this Notice in accordance with 15A North Carolina Administrative Code (NCAC) 13A.0010(g) and 40 Code of Federal Regulations (CPR) 265.119(b)(l) for that certain real estate currently owned by W"lllSton Mills, Inc., known as the Asheville Dyeing and Finishing/Anvil Knitwear facility on Warren Wilson College Road, Swannanoa Township, Swannanoa, North Carolina, described in Deed Book 1138, Page 142.

1. A 495.4 square foot portion of this land has been used to manage hazardous wastes;

2.

3.

4.

The use of that portion of the land is restricted under 40 CPR Subpart G regulations;

The property is currently known to contain residual amounts of volatile organic · compounds; and

The survey plat and record of the type, location and quantity of hazardous wastes disposed of at the facility required by 40 CPR Section 265.116 and 265.119(a) have been filed with the Buncombe County Planning and Development Department and with the United States Environmental Protection Agency Regional Administrator, (Region IV), his designee, or the North Carolina Department of Environment, Health and Natural Resources. The survey plat was prepared by Blue Ridge Land Surveying, Inc., Asheville, North Carolina, dated November 16, 1992, prepared for Winston Mills, Inc., and recorded with the Buncombe County Register of Deeds on December 8, 1992, in Plat Book 60, Page 110. 'c!:*';l':'

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In witness whereof Winston Mills, Inc. has caused this Notice to be executed by its duly authorized corporate officers and its corporate seal affixed as of the J!::f::day of May, 1993.

A'ITEST:

(~~:1r~1 STATE'OF·-· .)/< y

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WINSTON MllLS, INC.

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I, n<e:o c I Mt'5~ a notary public of the County and State aforesaid, certify that 0-19cotS ltt>/U..,opt.- personally appeared before me this day and acknowledged that he is Secretary of Wmston Mills, Inc., a : · Delaware corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its I/. p , sealed with its corporate seal and attested by him as its Secretary.

Witness my hand and official stamp or seal, this I.!_ day of Alf'i 1993.

My Commission Expires: --------,'" ,,.,.

c-~i~~~i~ Notary Public

f'!""':"'O ,a -· 1 ·'Notary Pob110, U. . . _ i i~.NI V .. ::'.c

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- Doc. Ex. 356 -

C1-382

Exhibit F-7 1999-08~04 and 1999-06-24-

Part A Permit Application

295

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- Doc. Ex. 357 -

C1-383

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MP?;{\f~4N!J~ J; n M in e er in~ & E 11 vi I' o 11Hll~11 r a I So I u ti o 11.1·

40\1 RllR•'I".~ \li<'lv Courrl Rafei11hl North Camlin1JI 17610

<'t00-486-75681 \)/9-250-r.JYIXI Y/9·250,9950 Fa1·simi/1• www.maam1li11e.C'<11tt

August 4, 1 999

Mr. Rachael Grover, Hydrogeologist North Carolina Department of Environment and Natural Resources Division of Solid Waste Management Hazardous Waste Section 1637 Mail Service Center Raleigh, North Carolina 27699· 1637

Reference: AMENDED PART A HAZARDOUS WASTE PERMIT APPLICATION ASHEVILLE DYEING AND FINISHING SWANNANOA, NORTH CAROLINA NCD070619663

Dear Ms. Grover:

011 .June 24, 1999, Mid-Atlantic Associates, on behalf of Culligan International, submitted an amended Part A Hazardous Waste Permit Application for the above referenced site. As part of the amended application, page 2 of the old application was mistakenly included on the back of page 1. As such, a copy of page 1 of the application has been included as an attachment to this letter. Therefore, please discard the previously submitted page 1 and insert the attached copy.

If you should have questions, please do not hesitate to call me at (919) 250-9918.

Sincerely,


!faAlV ;'),. £tt aAtJ Kirk B. Pollard, P.G. Senior Project Manager

Cc: Mr. Jason Pontnack - Culligan International

Enclosure

L99-1668/KBP/aso

296

- Doc. Ex. 358 -

C1-384

MP?;t\Jh~N!l~ F,11~int•eri11x & 1-:nvironmenral Solurions

June 24, 1 999

409 Rog('f'" \rl<·w Cr•1ml Ralei11hl Narrlr C11roll1wl 2"fMO

800-48b-75681 9/9-150-991111 \11\1-250-9950 Fac.Hmile ·www.nuwo11/i11tv.l'om

Ms. Rachel Grover, Hydrogeologist North Carolina Department of Environment and Natural Resources Division of Waste Management Hazardous Waste Section Post Office Box 27687 Raleigh, North Carolina 27611·7687

Reference: REVISED PART A POST CLOSURE PERMIT APPLICATION FORMER ASHEVILLE DYEING AND FINISHING SWANNANOA, NORTH CAROLINA EPA ID NUMBER NCD070619663 MID-ATLANTIC ASSOCIATES JOB NO. 662

Dear Ms. Grover:

Attached is a revised Part A Hazardous Waste Permit Application for the Former Asheville Dyeing and Finishing Facility located in Swannanoa, North Carolina. The application has been revised to reflect the current owner and operator status of the site.

If you should have any questions; please do not hesitate to call me at (919) 250-9918.

Sincerely,


~16 /~- r!?t'fleutf Kirk B. Pollard, P.G. Senior Project Manager

Cc: Jason Pontnack - Culligan International

Enclosure

KP/aso

297

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- Doc. Ex. 359 -

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* SEE ATTACHMENT 298

- Doc. Ex. 360 -

C1-386

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Please pdnt er type with ELITE type (12 characters per inch) In the unshaded areas only. l'a;m Apprr>wd. OMS fl/o. 20504)(134 ~ 1Q/31/f19

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- Doc. Ex. 361 -

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- Doc. Ex. 362 -

C1-388

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- Doc. Ex. 364 -

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- Doc. Ex. 365 -

C1-391

Fann~ OMB~. ZQS04034 ~ 100W9 ~No. <2:1..S.EPA.OT

I certify under penalty of law that this document and all attachments were prepared undet my direction or supervi!>lon In accordance with a sy$tem designed to a$$ure that qualified personnel properly gather and evaluate the Information submitted. Based on my Inquiry of the person or persons Who manage th11 system, or those persons directly responsible tor gathering the information, the information submitted Is, to the best of my know/Bdge and be/lei, true. accuratB, and complete. I am aware that there are significant penalties for submitting false fnformatlon, Including the possibility of fine and imprisonment for knowing violations.

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- Doc. Ex. 366 -

C1-392

- Doc. Ex. 367 -

C1-393

- Doc. Ex. 368 -

C1-394

- Doc. Ex. 369 -

C1-395

•

•

EPA ID No. NCD070619663

A TIACBl\.fENT

IT™ m.n. FACILITY EXISTENCE DATA

Amended Part A Application Asheville Dyeing & Finishing·

Swannanoa, North Carolina January 26, 1994

Current hazardous waste compliance activities for the facility, including this amended Part A application, are a result of the Administrative Order on Consent entered between Winston rvfi.lls, Inc. and the North Carolina Department of Environment., Health, and Natural Resources on 29 August 1990. The date of commencement of hazardous waste operations at the facility, as requested in Item ID.D. of the Part A application, does not readily apply to this specific hazardous waste compliance activity. The following passage from the "Stipulations and Findings of Fact," as contained in the Administrative Order or Consent, more accurately depicts the date ofh~ardous waste activity at the facility;

"The Hazardous Waste Section allows that prior to April 1985, as part of a dry cleaning process at the site, the prior owner/operator of the Asheville Dyeing & Finishing site utilized a raw material underground storage tank and a hazardous waste underground storage tank, both for the storage of tetrachloroethylene. In April 1985, the tanks were removed. Soil samples were collected from the botto~ of the tank pits and analyzed by Environmental Testing, Inc. for the presence qf solvents. Sample analysis results indicated detectable levels of 1, 1,2-trichloroethylene in the soil beneath the tanks. In addition, approximately 14 years ago, an alleged spill of solvent by the previous owner/operator, consisting primarily of tetrachloroethylene occurred at the facility and it is believed that some of the solvent entered an 8-inch drain pipe and followed this pipe to Bee Tree Creek, approximately 1100 feet east of the plant building. Most of the solvent reportedly entered the ground. In 1988, Westinghouse Environmental Services collected soil samples from the site. The samples were analyzed by Industrial and Environmental Analysis, Inc. for volatile organics. Three hazardous constituents were reported in the results: acetone, methylene chloride, and tetrachloroethylene. From the alleged actions of the previous owner/operator, the trichloroethylene, tetrachloroethylene, and methylene chloride contamination in soils at the site constitutes either the disposal of listed hazardous wastes (FOO 1, F003) or the presence of hazardous constituents, as defined in 40 CFR 260. l 0, codified at 10 NCAC IOF.0002 and 40 CFR.261, codified at IO NCAC lOF.0029. For the purpose of this order, the Waste Management Unit (the Unit) is the hazardous waste underground storage tank descn"bed above. The facility neither admits nor denies any of the allegations set out in this· paragraph."

308

l l - Doc. Ex. 370 -

C1-396

... ----· ...... •••'""'"""""

,/ !

EPA ID No. NCD070619663 Amended Part A Application Asheville Dyeing & Finishing

Swannanoa, North Carolina January 26, 1994

This amended Pan A application, as filed herein. addresses the underground storage tank pit area where waste tetrachloroethylene was formerly stored.

ITEM XIT. PROCESS CODES AND DESIGN CAPABILITIE...S

Volume ofD80 landfill based on estimated dimensions of former underground storage tank pit of 10 ft. x 20 ft. x 10 ft. deep.

ITEM XIV. DESCR.IPTION OF HAZARDOUS WAS.TES

Estimated quantity of waste based on assumption of maximum 1, 1,2-tiichloroethylene concentration in soil of 1 mg/kg over a 10 ft. x 20 ft. x 1 ft. deep area (i.e. soil immediately underlying previous underground storage tank). This waste represents leakage or spillage associated with operation of an· underground storage tank taken out of service in March 1985. The estimated quantity is a conservative, cumulative total oftrichloroeihylene potentially present in subsurface soils. No additional trichioroethylene wastes are being or will be generated.

ITEMXV. MAP

According to ''Geology and Groundwater Resources of the Asheville Area, North Carolina" (Trapp, 1970), four privately-owned wells are located within the irrunediate vicinity of the facility. Two of these wells are reported to be observation wells; use of the remaining two wells is not identified. However, none of the wells are located within 1/4-mile of the facility. The C,D. Owens Company, located within 1/4-mile of the facility, owns and operates several wel!s on its property; however, these wells are reportedly used for industrial purposes.

309

I

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- Doc. Ex. 371 -

C1-397

•

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Exhibit F-8 2005-01-11 - Excerpts1 from RCRA

Facility Assessment Report

• 1 For brevity's sake, this exhibit only includes relevant portions of the RCRA Facility Assessment Report.

310

- Doc. Ex. 372 -

C1-398

- Doc. Ex. 373 -

C1-399

312

- Doc. Ex. 374 -

C1-400

•

•

property to Anvil Knitwear. Anvil Knitwear is the current owner of the subject property (Reference No.4).

The process equipment that was owned and operated by Asheville Dyeing and Finishing was reportedly removed when Anvil Knitwear purchased the property. The Anvil Knitwear facility installed a groundwater remediation system between 1997 and 200 I in order to treat a spill of perchloroethylene (PCE) that occurred prior to 1985. According to Anvil Knitwear representatives, the textile manufacturing process at the Anvil Knitwear property begins with virgin or "grey" (contains Daycron) yarn being brought into the facility in 1,000 lb. rolls on plastic pallets. The yarn is taken to the "Knitting Room" and inserted into the knitting process where knitting machines weave the cotton yarn into rolls of cotton fabric. The fabric is then taken to the "Dye House" where rolls of cotton fabric are systematically inserted into large tumbling dye machines. The dye machines rotate in a circular horizontal motion allowing the fabric to be saturated with the dye until the fabric is dyed to customer specifications. The fabric is then manually put into large plastic containers and taken to the "Finishing Area." The fabric is first softened with a polyethylene chemical, and the excess water and dye is extracted from the fabric. During this process, the fabric is also stretched to the desired width requested by the client. The fabric then goes into mulfr-press dryers where steam and natural gas are used to heat and dry the fabric. Finally, the dried fabric is taken to the compacting area where the fabric is treated to prevent excessive shrinkage after the end user has purchased the final product (i.e., Active Wear). The facility laboratory then reviews the dyed fabric to assess the fabric quality. After the laboratory approves the fabric, the fabric is wrapped in plastic wrap and packaged to be shipped to Anvil Knitwear customers (Reference No. 26; Reference No. 4) .

Based on the PR and information gathered during the VSI, a total of 23 SWMUs and one AOC were identified at the ADF facility. The names of these SWMUs and AOC are listed in Attachment 1 and

. their locations are identified on Figure 2. In addition, an overview description of the SWMUs and AOC is provided in Tables 1 and 2 and a more detailed discussion is provided in Section 6.0 of this report.

2

313

• - Doc. Ex. 375 -

C1-401

•

•

6.7 SWMU 7 -Secondary Containment for Tote Farm

TYPE OF UNIT: Secondary Containment

PERIOD OF OPERATION: 1976 to present

PHOTOGRAPH NUMBER(S): 18 and 19

PHYSICAL DESCRIPTION AND CONDITION:

The secondary containment for the facility's tote farm is located in the facility's Dye Receiving Area and consists of a concrete floor with a concrete cinder block dike. The tote farm has approximately eighteen (18) 250-gallon capacity totes containing a variety of chemicals used in the mixing the fabric dyes. The dimensions of the secondary containment were approximately 25 feet by 10 feet. The height of the secondary containment structure is approximately 24 inches. The secondary containment structure was sealed and painted and appeared to be in good condition with no visible leaks or past leaks. A floor drain was located in the center of the secondary containment structure. Facility representatives stated that the floor drain was connected to the facility's waste water treatment system (SWMU 12) by the facility's piping infrastructure (Reference No. 4).

WASTES AND/OR HAZARDOUS CONSTITUENTS MANAGED:

The tote farm has approximately eighteen (18) 250-gallon capacity totes containing a variety of virgin chemicals used in mixing the fabric dyes. These chemicals include detergents, surfactants, bleach, peroxide enzyme, and acetic acid (Reference No. 4).

RELEASE PATHWAYS: Air (L) Surface Water (L) Soil (L) Groundwater (L) Subsurface Gas (L)

HISTORY AND/OR EVIDENCE OR RELEASE(S):

No evidence of a release from this unit was identified in the available file material. According to facility representatives, no releases of nonhazardous or hazardous waste from this unit have occurred. At the time of the VSI, no visual evidence of a release was observed.

RECOMMENDATION:

COMMENTS:

No Further Action Confirmatory Sampling RFI Necessary

26

314

( ) (X)I ( )

- Doc. Ex. 376 -

C1-402

• 1 Based on the age of the piping infrastructure and the unknown nature of the pipe's integrity, additional investigation of the unit's integrity should be performed to determine whether a release has occurred. In the event the integrity is compromised or breached, confirmatory sampling of the soil to the depth of groundwater in the vicinity of the drains, pipes and catchment basins may be necessary to determine whether releases of hazardous constituents have occurred. Otherwise, documentation of the unit's integrity can be provided to support a no further action designation.

27

315

•

• •

•

- Doc. Ex. 377 -

C1-403

I 6.8 SWMU 8 - Secondary Containment in Dye Mixing Room

•

'

TYPE OF UNIT: Secondary Containment


PHOTOGRAPH NUMBER(S): 22


This secondary containment system is located in the facility's Dye Mixing Room on the second floor of the facility building. The system provides secondary containment for approximately half of the dye mixing vessels located within this room. The secondary containment system is constructed of concrete and has a six-inch berm. At the time of the VSI, no cracks or scarring was observed in the concrete floor or berm. The unit is approximately 120 feet by 6 feet and is sloped toward the south. Located at the south end of the secondary containment is a drain which is reportedly connected to the facility's waste water treatment system (SWMU 12) by the facility's piping infrastructure (Reference No. 4).


After the non-hazardous dyes are mixed with the associated chemicals (SWMU 7) and the mixture is sent to the appropriate dying machine, the dye mixing vessels are rinsed and the rinse waters are discharged to the secondary containment. The rinse waters then flow through the secondary containment to the drain located at its southern end. The rinse waters are then conveyed to the facility's waste water treatment system (SWMU 12) (Reference No. 4).

RELEASEPATHWAYS: Air(L) SurfaceWater(L) Soil(L} Groundwater (L) Subsurface Gas (L)


No evidence of a release from this unit was identified in the available file material. According to facility representatives, no releases of nonhazardous or hazardous waste from this unit have occurred. At the time of the VSI, no visual evidence of a release was observed.

RECOMMENDATION: No Further Action ( ) Confirmatory Sampling (X}1

RFI Necessary ( )

COMMENTS:

1 Based on the age of the piping infrastructure, and the unknown nature of the pipe's integrity, additional investigation of the unit's integrity should be performed to determine whether a

28

316

- Doc. Ex. 378 -

C1-404

•

•

release has occurred. In the event the integrity is compromised or breached, confirmatory sampling of the soil to the depth of groundwater in the vicinity of the drains, pipes and catchment basins may be necessary to determine if releases of hazardous constituents have occurred. Otherwise, documentation of the unit's integrity can be provided to support a no further action. designation .

29

317

•

I •

•

- Doc. Ex. 379 -

C1-405

•

•

6.9 SWMU 9 - Interior Floor Drains/Trench Drains

TYPE OF UNIT: Drain

PERIOD OF OPERATION: 1971-Present

PllOTOGRAPH NUMBER(S): 20


Floor drains and trench drains are located throughout the Dye House and Finishing Area of the facility. The unit consists of many floor drains and grated floor trench drains in the facility's concrete floor. These drains are in place to assist with the containment of any spills that may occur within the facility. Fluids that enter the drains are piped to the facility's Waste Water Collection/Treatment System (SWMU 12). This unit is vast and covers a large expanse oflinear footage within the facility. The drains and associated system appeared to properly draining and appeared to be in good condition during the VSI (Reference No. 4).


The majority of the spilled material that the drainage system receives includes water, dye, and chemicals used throughout the manufacturing area's Dye House and Finishing Area (including SWMU 7 and 8). The dye is reportedly nonhazardous even after mixing with the chemicals that are added during the dyeing process (i.e., detergents, surfactants, bleach, and peroxide enzyme). The drains also receive some solids that are generated throughout the manufacturing areas that include cotton fibers, dust, and other miscellaneous materials that originate from the facility

· processes. The drainage system is designed to gravity flow all of the spilled material into the facility's Waste Water Collectionffreatment System (SWMU 12) (Reference No. 4).

RELEASE PATHWAYS: Air (L) Surface Water (L) Soil (L) Groundwater (L) Subsurface Gas (L)


No evidence of a release from this unit was identified in the available file material. In addition, according to facility representatives, no releases of nonhazardous or hazardous waste from this unit have ever occurred. At the time· of the VSI, no visual evidence of a release (e.g., staining) ,was observed.

RECOMMENDATION: No Further Action ( ) Confinnatory Sampling (X)1

RPI Necessary ( )

COMMENTS:

30

318

- Doc. Ex. 380 -

C1-406

•

•

1 Based on the age of the piping infrastructure, and the unknown nature of the pipe's integrity, additional investigation of the unit's integrity should be performed to determine whether a release has occurred. In the event the integrity is compromised or breached, confirmatory sampling of the soil to the depth of groundwater in the vicinity of the drains, pipes and catchment basins may be necessary to determine whether releases of hazardous constituents have occurred. Otherwise, documentation of the unit's integrity can be provided to support a no further action designation .

31

319

•

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•

- Doc. Ex. 381 -

C1-407

•

•

'

6.11 SWMU 11- Sparging/SVE Remediation System

TYPE OF UNIT: Remediation System


PHOTOGRAPH NUMBER(S): 26

PHYSICAL DESCRIPTION AND CONDITION:.

In October 1997, the facility contracted the design and installation of a soil/groundwater remediation system for the Fonner Waste PCE Tank Area. The remediation system consisted of a combination air sparge and SVE system, which covers an area approximately 420 feet wide by 170 feet and is located downgradient of the Former Waste PCE Tank Area. The unit has been in operation since February 1998 with an average flow of741 cubic feet per minute. In 2001, a second air sparge/SVE system was installed at the facility beneath what is now the Shipping/Receiving Area of the facility. According to facility representatives, the average air flow of this system is approximately 600 cubic feet per minute.

The blower units for each of the SVE units are located in separate, stand-alone remediation sheds. One of these sheds is located outside near the southeast comer of the facility building, and the other shed is located outside, adjacent to the east wall of the facility building (Reference No . 28; Reference No. 18; Reference No. 26; Reference No. 35).


Air samples have also been collected from the unit and analyzed for VOCs. Based on historic air samples obtained from the SVE system through July 2003, the system had removed approximately 129.49 total gallons of PCE (1,873.93 lbs.) since the initial start-up in February 1998 (Reference No. 28; Reference No. 18; Reference No. 26; Reference No. 35).

RELEASE PATHWAYS: Air(L) Surface Water (L) Soil (L) Groundwater (L) Subsurface Gas (L)

HISTORY AND/OR EVIDENCE OF RELEASE(S): -

According to Kirk Pollard of Mineral Springs Environmental, each of the blowers exhausts directly to the atmosphere without first passing through any type of filtration unit(s). Mr. Pollard stated that the local or state environmental regulatory agencies did not require a discharge/air permit.

According to NCDENR, the newer air sparging/SVE system was installed to remediate a groundwater plume that is located beneath ADF's building. Because of this system, the risk of vapor intrusion into the building is assumed to be negligible. However, since the geometry of the

34

320

- Doc. Ex. 382 -

C1-408

•

•

groundwater plume and the effective radius of the remediation system are not known, this may not be an accurate assumption. The potential for a complete release pathway from contaminated groundwater to indoor air is a concern.

RECOMMENDATION: No Further Action ( ) Confinnatory Sampling (X)1

RFI Necessary ( )

COMMENTS:

The confinnatory sampling action recommendation for this SWMU is based upon groundwater monitoring results, infonnation provided by NCDENR pertaining to this unit, and the geometry of the groundwater plume and the effective radius of the remediation system are not known. As a result confirmatory air sampling should be conducted inside of the ADF building to confinn that the indoor air does not pose a threat to human health or the environment.

35

321

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•

- Doc. Ex. 383 -

C1-409

• 6.13 SWMU 13 - Eight-inch Drain

TYPE OF UNIT: Drain

•

'

PERIOD OF OPERATION: 1976 - Unknown,

PHOTOGRAPH NUMBER(S): 30 and 31


This unit is a historical corrugated drain pipe that is located adjacent to the southern property line and historically discharged into Beetree Creek located at the southwest comer of the property. The unit is currently capped with a concrete man way, located approximately 1, 100 feet east of the manufacturing building, and has been joined to the facility's POTW sewerage line. The function of the unit is reportedly to act as a groundwater funnel for a French drain that runs along the facility's southern property line. Currently, the area of historic discharge at the creek is overgrown with native flora and fauna (Reference No. 4; Reference No. 28).


A release of 50 gallons of 10% PCE and 200 gallons of 100% PCE occurred on August 12, 1976. The release entered into an eight-inch corrugated drain pipe (SWMU 13) located on the Winston Mills, Inc. property that ultimately discharged into Beetree Creek. The drain currently receives groundwater beneath the facility that could contain voes originating from the historical release from the facility's former waste PCE tank (SWMU 10) (Reference No. 28; Reference No. 32; Reference No. 33; Reference No. 39).

RELEASE PATHWAYS: Air (L) Surface Water (L) Soil (M) Groundwater (M) Subsurface Gas (L)


A spill of primarily PCE reportedly occurred in approximately 1976 and entered into this drain pipe that historically disc~arged into Beetree Creek. The facility initiated an NCDHR requested cleanup of the impacted area on August 14, 197 6 to remove visible residual from the creek and assumed impacted areas. NCDENR collected surface water samples in 1988 from this area that resulted in identifying hazardous constituents present in Beetree Creek that included 1, 1, 1-trichloroethane (4.3 µg/L), PCE (330 µg/L), and chloroform (21 µg/L). Westinghouse Environmental Services collected samples in 1988 from this area that resulted in identifying acetone, methylene chloride and PCE. These constituents could be listed as FOOi and F003. Specifically, a sample obtained from the outfall of the drain identified PCE at a level of 290 ppb. The current maximum contaminant level (MCL) for PCE is 0.005 mg/Lor 5 ppb (Reference No. 28; Reference No. 32; Reference No. 33; Reference No. 4; Reference No. 37) .

38

322

- Doc. Ex. 384 -

C1-410

- Doc. Ex. 385 -

C1-411

I 6.14 SWMU 14 - Old Dump Area

TYPE OF UNIT: Dump

•

'

PERIOD OF OPERATION: Late 1960's to Present

PHOTOGRAPH NUMBER(S): 32, 33, 34, and 35


A historic dump site has been identified on the subject property and was reportedly the result of operations conducted by Northrop Carolina in the 1960's. The site consists of an approximately one-acre area where construction and demolition debris, miscellaneous metal materials, tires, and 55-gallon drums were disposed. The site is located approximately 100 feet west ofBeetree Creek. During a May 1985 inspection, several areas of discolored soils and drums were identified and sampled. The site is currently overgrown with heavy flora and fauna, and only the perimeter of the site is easily accessible. During the VSI, several materials were identified in the dump area. These materials included rusting or badly decomposed drums, construction and demolition material, ductile metallic material, tires, and other unidentified metallic materials (Reference No. 18; Reference No. 15; Reference No. 4).


The NCDENR conducted an inspection of this area in May 1985. During this inspection, the state observed that the area was heavily overgrown and contained rubble, metal duct work, and partially buried drums. The state obtained samples during this inspection from the soil, sediment of Beetree Creek, and suspected leachate from the dump location. The results of these samples did not identify high concentrations of extractable inorganics but results of numerous organic compounds were detected; however, specific organic compounds were not identified (The available file material does not state the analysis used to identify the sample results). The state indicated that the results could be attributed to the waste reportedly buried in the dump area, including rocket fuel, munitions, warfare chemicals, and smoke bombs. During their inspection, the area contained scattered discolored soils and uncovered drums. The state also indicated that the site contained an unknown number of covered drums (Reference No. 18; Reference No. 15; Reference No. 4).

RELEASEPATHWAYS: Air(L) SurfaceWater(M) Soil(M) Groundwater (M) Subsurface Gas (L)


The ADF facility contacted Aquaterra, Inc. in September 1994 to obtain groundwater and soil samples from key areas at the ADF property. One area specifically identified during this sampling event was the Old Dump Area. Two monitoring wells (MW) were installed in the area

40

324

- Doc. Ex. 386 -

C1-412

•

•

•

of the Old Dump Area. The first MW is identified as MW-22 and is located immediately north of suspected dump area. The second MW is identified as MW-23 and is located immediately southwest of the suspected dump area. At the time of installation for MW-22, the contractor reported that the first two drilling attempts encountered buried drums. The third attempt was successful, and MW-22 was installed to a depth of 15 feet below ground surface (bgs). MW-23 was specifically installed along the edge of the alleged leachate pool that formed southwest of the Old Dump Area. The final depth ofMW-23 was at a depth of 13 feet bgs. The samples collected from each monitoring well were analyzed for VOCs, semi-VOCs, and priority pollutant metals.· The results of the sample's did not identify VOCs or semi-VOCs above the maximum detection limits (MDLs). However, concentrations exceeding the North Carolina Groundwater Quality Standards (2L Standards) for priority pollutant metals were identified in both monitoring wells. The results for MW-22 were 0.127 mg/L of cadmium, 0.588 mg!L of chromium, 1.13 mg!L of copper, 0.384 mg!L oflead, 0.604 mg!L of nickel, and 2.23 mg!L of zinc. The results for MW-23 were 0.019 mg/L of cadmium, 0.079 mg!L of chromium, 0.059 mg!L oflead, and 0.109 mg!L of nickel. The North Carolina groundwater standards for these priority pollutant metals are 0.005 mg/L for cadmium, 0.05 mg!L for chromium, 1.0 mg!L for copper, 0.015 mg!L for lead, 0.1 mg!L for nickel, and 2.1 mg!L for zinc. (Reference No. 15).

RECOMMENDATION: No Further Action ( ) Confirmatory Sampling (X)1

RFI Necessary ( )

COMMENTS:

1 Confirmatory sampling is recommended for this unit. Based on the visual site inspection of this ·area dated April 3, 1986, and the groundwater samples collected during the September 1994 investigation, there is reason to believe that this area contains wastes that continue to be a potential threat to the environment. Further investigation is recommended to fully characterize the nature and extent of this contamination .

41

325

•

•

•

- Doc. Ex. 387 -

C1-413

•

•

I

6.24 AOC 1 - Former Disturbed Soil Area

TYPE OF UNIT: Historic dump

PERIOD OF OPERATION: Unknown

PHOTOGRAPH NUMBER(S): NA


These historic areas were identified during a Phase II site visit by Roy F. Weston, Inc. in February 1992. A site visit was conducted to delineate the sources of the known groundwater PCE plumes beneath the facility that originated from the subject property. These specific areas were initially observed in a 1988 aerial photograph and appeared to be areas of cleared vegetation. The first area is located approximately 100 feet north of the northwest comer parking area located north of the manufacturing building in 1992. For the purpose of this RFA, this area is identified as A and is approximately 45 feet in diameter. The second area B is located approximately 60 feet east northeast of A and is approximately 70 feet wide and 80 feet long (Reference No. 29).


According to the Roy F. Weston, Inc. report, several materials were found during the soil sampling events in areas A and B. The materials observed include cloth scraps, metal piping, empty motor oil cans, glass bottles, construction debris, metal fragments, and lint. The report also indicated that based on the site investigation and review of the aerial photographs, it was possible that these areas were used historically as disposal areas (Reference No. 29).

RELEASE PATHWAYS: Air (L) Surface Water (L) Soil (M) Groundwater (M) Subsurface Gas (L)


As part of the Phase II site investigation that was performed at the ADF facility in February 1992, eight soil borings were installed in the AOC 1 area and samples were collected and analyzed for VOCs. Two soil boring advanced in area B failed to detect any VOCs above detection limits. Analysis of soil samples obtained from area A identified PCE, xylene, and toluene. The maximum concentration of PCE was 295 ug'lcg, which was detected at a depth of 4 - 6 feet bgs. A deeper sample (6 - 8 feet bgs) from the same boring contained 74 ug'lcg of PCE. Additionally, toluene (16 ug'lcg) and xylene (12 ug'lcg) were also detected; however, concentrations were below the analytical detection limits. Concentrations of PCE in soils in area A exceed the North Carolina Hazardous Waste Section Soil Screening Level for the Protection of Groundwater of 7.42 ug'lcg.

51

326

- Doc. Ex. 388 -

C1-414

•

•

•

RECOMMENDATION: No Further Action Confirmatory Sampling RFI Necessary

COMMENTS:

( ) (X)I

( )

I -;

I·

1 Based on soil sampling results from the Phase II site investigation, PCE concentrations in soil borings SB-7 and SB-2 in area A exceed relevant screening criteria. No additional soil sampling has been conducted north of these soil borings. As a result, it does not appear that the horizontal extent of contamination associated with area A has been adequately investigated. Additional evaluation of the PCE contamination identified in area A is recommended and, if necessary, additional characterization of the nature and extent of contamination should be performed. Continued groundwater remediation and monitoring is also recommended per the closure plan and as required by the NCDENR .

52

327

•

•

- Doc. Ex. 389 -

C1-415

- Doc. Ex. 390 -

C1-416

Exhibit G-1 1994-12-29- Excerpts1 from Asset Purchase

Agreement involving Winston Mills, Inc., Anvil Knitwear, Inc., and Culligan

International Company, et al.

•

•

1 For brevity's sake, this exhibit contains only relevant passages from the lengthy Asset Purchase Agreement. •

329

,,,

\ - Doc. Ex. 391 -

C1-417

• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • :e • • •

SEC Info - Anvil Knitwear Inc, et al. - S-4/A - On 6/27/97 - EX-10.5 Page 1of158

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Anvil Knitwear Inc, et al.· S-4/A ·On 6/27/97 · EX-10.5

Filed On 6/27197 SEC Files 333-26995, -01, -02 • Accession Number 912057-97-22293

[fl_!)!!] in this entire Filing. - Show Docs searched - and every "hit" . J:kbb. Wildcartf.1·: ? (any letter). •(many). logic: for Docs: & (and). I (or); for Text I (anywhere). "(&)''(near) .

6/27/97 Anvil Knitwear Inc Anvil Holdings Inc Cottontops Inc

S-4/A

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Pre-Effective Amendment to Registration of Securities Issued in a Business-Combination Transaction • Form S-4 Filing Table of Contents

Document/Exhibit Des=iption

l:

2: 3: 4: 5: 6: 7: 8: 9:

10: 11: 12: 13: 14: 15: 16: 17: 18: 19:

S-4/A

~ EX-3.8 ~ EX-4.4 EX-10.5 EX-10 .14 EX-10.15 ~ EX-12.2 EX-12.3 ~ EX-23.l ~ EX-27.l EX-27.2 ~ EX-99.2 ~

Pre-Effective Amendment to Registration of Securities Issued in a Business-Combination Transaction

Certificate of Designation of Holdings Form of Certificate of Designation of Holdings Form of 10 7/8% Senior Notes & Guarantees Form of Series B Senior Notes and Guarantees Asset Purchase Agreement Material Contract Form of Unit Comp of Ratios of Earnings Comp of Ratios to Fixed Charges Comp of Ratios of Ebitda Comp of Ratios on Net Debt Consent of Deloitte & Touche Consent of Kpmg Peat Marwick Exhibit 27.1 FDS Exhibit 27.2 FDS Form of Letter of Transmittal Miscellaneous Exhibit Miscellaneous Exhibit

EX-10.S • Asset Purchase Agreement Exhibit Table of Contents

(sequential) (alphabetic)

Paaes ~

205 l, llOK

27 ll8K 27 llSK 30 93K 26 83K

154 309K 10 42K 11 46K

1 9K 1 lOK l 7K l 7K 1 9K l 9K 2 9K 2 9K

12 59K 4 21K 4 26K

1st Page • Alternative Formats (RTF. XML. et al.) " Asset Purchase Agreement 6 Article 1 Definitions

37 Article 2 Purchase and Sale of Assets " 2.1 Purchase and Sale

• Anvil Knitwear (Del.). Inc • Article 10 Miscellaneous • Article 1 Definitions • Article 2 Purchase and Sale of Assets

41 2.2 Assumption of Liabilities and Obligations • Article 3 Reoresentations and Warranties Regarding the 43 2.3 Assignment of Contracts · 44 2.4 Purchase Price " 2.5 Adjustment of Cash Purchase Price; Estimate

50 2.6 Closing " 2.7 Deliveries at the Closing

52 Article 3 Representations and Warranties Regarding the Companies

" 3.1 Organization and Good Standing of the C-Ompanies 53 3.2 Interests in the Assets " 3.3 Capital Stock of Anvil Knitwear (Del.). Inc

54 3.4 Authority. Approvals and Consents 56 3.5 Financial Statements 57 3.6 Absence of Material Adverse Change: Conduct of Business 58 3.7 Legal Matters 60 3.8 Contracts 62 3.9 Employees

http://www.secinfo.com/dRqWm.8W:Xq.9.htm 3 3 Q

Companies • Article 4 Representations and Warranties Regarding Buyer • Article 5 Covenants • Article 6 Conditions to the Obligations of Buyer • Article 7 Conditions to the Obligation of the Sellers • Article 8 Termination • Article 9 Survival and Indemnification • Asset Purchase Agreement • 1 OJ O Consent to Jurisdiction • 1 OJ I Third Person Beneficiaries • 10.12 Representations and Warranties: Schedules • 10.13 Arbitration • I 0 .1 Expenses • 10.2 Headings • 10.3 Notices • 10.4 Assignment

11/9/2011

- Doc. Ex. 392 -

C1-418

331

- Doc. Ex. 393 -

C1-419

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SEC Info -Anvil Knitwear Inc, et al. - S-4/A- On 6/27/97 - EX-10.5

EX-10.5 15th Page of 154 TOC 1st Previous Next Bottom

limited to, all employee benefit plans, as such term is defined in Section 3(3) of ERISA, that are currently maintained by McGregor or Winston Mills for the benefit of McGregor's or Winston Mills's employees, respectively, whose employment relates primarily to the Business, or their dependents, or under which any past or present employee of McGregor or Winston Mills whose employment relates or related primarily to the Business has any present or future rights to benefits, as set forth in Schedule 1.l(iii) of the Disclosure Schedule.

"Environmental Arbitrator" shall have the meaning assigned to such term in Section 9.S(b) hereof.

"Environmental Lien" means a Lien, either recorded or unrecorded, in favor of any Governmental Authority relating to any Liability arising under Environmental Requirements.

"Environmental Requirements" means all federal, state, local and foreign statutes, regulations, ordinances and 0th.er provisions having the force or effect of law, all judicial and administrative orders and determinations, and all common law, in each case concerning pollution or protection of the environment (including without limitation all those relating to the presence, use, production, generation, handling, transportation, treatment, storage, disposal, distribution, labeling, testing, processing, discharge, release, threatened release, control, or cleanup of any hazardous materials, substances or wastes).

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• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •

- Doc. Ex. 394 -

C1-420


EX-10.5 21st Page 0£ 154 TOC 1st Previous Next Bottom

"Holdings Stock" means the shares of common stock and preferred stock of Holdings issued prior to or issuable at the Closing, including, without limitation, such shares issuable to Culligan pursuant to the terms of this Agreement.

"HSR Act" means the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended.

"Indebtedness" shall mean, -as to any Person, without duplication, (i) all indebtedness of such Person for borrowed money or for the deferred purchase price of property or services, excluding trade payables incurred in the Ordinary Course of Business, (ii) the maximum amount available to be drawn under all letters of credit issued for the account of such Person and all unpaid drawings in respect of such letters of credit, (iii) all rental obligations which, under GAAP, are or will be required to be capitalized on the books of such Person, in each case taken at the amount thereof accounted for as indebtedness in accordance with such principles, (iv) all obligations of such Person, excluding trade payables incurred in the Ordinary Course of Business, to pay a specified purchase price for goods or services, whether or not delivered or accepted, I.E., take-or-pay and similar obligations, (v) all obligations under any interest rate protection, hedging agreement or any other similar type of agreement entered into with any Person, (vi) all obligations of such Person guaranteeing or intended to guarantee any Indebtedness, leases, dividends or other obligations, whether or

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• • • • • • • • • • • • • • .i • • • • • • c • • • • • • • • • • • • • • • • c • • •

- Doc. Ex. 395 -

C1-421

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one-half (1/2) of all net advances paid directly or indirectly by Sellers to Anvil s.r.o. from October l, 1994 to the Closing Date; PROVIDED, that such increase shall not exceed $425,000. No later than five (5) days before the Closing Date, Seller shall provide Buyer with a computation of such advances together with appropriate documentation supporting the same. Any dispute as to the amount of such advance shall not delay or otherwise prevent the occurrence of the Closing. The Buyer and Sellers agree that the occurrence of such Closing shall not affect their respective rights arising from such dispute .

2.6 CLOSING. Subject to the conditions set forth in Articles 6 and 7 of this Agreement, the Closing will take place at the offices of Kirkland & Ellis, One Citicorp Center, 153 East 53rd Street, New York, New York 12.Ql£, as soon as practicable following the date on which all conditions to the obligations of Buyer and the Sellers under Articles 6 and 7 of this Agreement (other than those requiring Closing Deliveries) will have been satisfied or waived. The Closing shall occur at or before 12:00 noon New York City time on the Closing Date, and will be elective as of the start of business on the Closing Date .

2.7 DELIVERIES AT THE CLOSING. Subject to the provisions of Articles 6 and hereof, at the Closing:

(a) The Sellers will deliver, or cause to be delivered, to Buyer or Holdings, as the case may be:

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(il the instruments of transfer set forth in Section 6.3;

(ii) all opinions, certificates and other instruments and documents contemplated under Article 6 to be delivered by the Sellers at or prior to the Closing;

(iii) a Stockholders, Agreement duly executed by Culligan;

(iv) from Culligan; $9,000,000 in immediately available federal funds by wire transfer to a bank account designated, at least three days before the Closing Date, by Buyer as consideration for the Holdings Stock to be received by Culligan at the Closing.

(b) Buyer or Holdings, as the case may be, will deliver to the Sellers or, where applicable, to Culligan:

(i) the Cash Purchase Price, as adjusted pursuant to Section 2.5(b), in immediately available federal funds by wire transfer to a bank account designated at least three days before the Closing Date by the Sellers

(ii) the Seller Note;

(iii) to Culligan, certificates representing Culligan's ownership of the amounts of Holdings Stock set forth on Schedule 2.7(b) (iii);

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5.17 [Intentionally Left Blank]

5.18 STOCKHOLDER'S AGREEMENT. Buyer agrees to draft, execute and deliver to Sellers, and Sellers agree to have executed a Stockholders' Agreement providing the substantive terms set forth in the term sheet attached at Exhibit F hereto (the "Stockholders' Agreement"); PROVIDED, that the Sellers' obligation to have the Stockholders' Agreement executed shall not arise unless such Stockholders' Agreement is reasonably acceptable to the Sellers.

5.19 GUARANTY AGREEMENT. (a) Sellers agree that on the Closing Date Culligan and Astrum shall execute and deliver to Buyer a Guaranty Agreement (the "Guaranty Agreement"), a copy of which is attached hereto as Exhibit G-1.

(b) The Buyer agrees that on the date hereof Vestar Equity Partners, L.P. and eve shall have executed and delivered to Sellers the guaranty agreement attached hereto as Exhibit G-2.

5.20 BUSINESS INTERRUPTION INSURANCE. The Buyer shall obtain and cause to be in effect as of the Closing Date and for five years after the Closing Date business interruption insurance reasonably satisfactory to Sellers; PROVIDED, HOWEVER, that in no event shall the Buyer be obligated to make annual premium payments that exceed 175% of the premiums paid by the Buyer for such insurance coverage for the first year from and after the Closing Date.

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exceeding the payment made by the Indemnitor to the Indemnitee by way of indemnity .

9.5 ENVIRONMENTAL IDENTIFICATION PROCEDURES.

(a) Notwithstanding anything in this Agreement to the contrary, the indemnification procedures sin this Section 9.5 shall apply to any claim for indemnification arising from or relating to Environmental Requirements, including without limitation, claims for indemnification pursuant to subsection (xi) of the definition of Excluded Liabilities, the matters contemplated by Section 5.24(b) hereof and claims for indemnification with respect to a breach of the representations and warranties set forth in Section 3.14 •

(b) (i) Any claim for indemnification that is subject to the indemnification procedures set forth in this section, as described in Section 9.4) shall be governed by the procedures set forth in Section 9.4. Any Onsite Remedial Action associated with such Third Party Claim shall additionally be subject to the procedures set forth in Sections 9.S(b) (ii) below (it being understood that any inconsistencies between Section 9.4 and Section 9.S(b) (ii) with respect to such Onsite Remedial Action shall be resolved in favor of the provisions set forth in Section 9.S(b) (ii)) .

(ii) Any claim for indemnification that is subject to the indemnification procedure·s set forth in this section, as described in

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Section 9.S(a) above, that does not arise form a Third Party Claim is hereinafter defined as a "Direct Claim," and shall be subject to the following procedures:

(A) To make a Direct Claim for indemnification under this section, Buyer shall notify Sellers of the claim in writing promptly after learning of the existence of such claim, which notice shall describe in reasonable detail the claim, the amount thereof (if known and quantifiable}, and a reasonably detailed description of the facts giving rise to such claim; PROVIDED, THAT the failure to so notify Sellers shall not relieve Sellers of their obligations hereunder except to the extent that (and only to the extent that) such failure shall have caused the Losses for which Sellers are obligated to be greater than such Losses would have been had the Buyer given Sellers prompt notice hereunder. Such notice shall be deemed given and Sellers shall be deemed to have assumed Principal Management with respect to the matters set forth on Schedule l.l(iv) that are designated with an asterisk.

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C1-426

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CB) (1) Upon assertion of a Direct Clai.m or the Onsite Remedial Action associated with a Third Party Claim, Sellers shall be entitled to assume Principal Management of the subject matter of the Direct Claim or the Onsite Remedial Action. To assume Principal Management, Sellers must notify Buyers within thirty days (or such other period as the parties may agree to in writing) of said notice that they intend to assume Principal Management. To assume Principal Management, Sellers must also in such notice first acknowledge in writing that they will undertake sole or principal responsibility for the Direct Claim or Onsite Remedial Action, subject to Sellers' right to rescind such acknowledgment upon its reasonable determination, and upon prompt written notice to Buyer (a "Denial Notice") that it does not bear sole or principal liability for under this agreement the Direct Claim or onsite Remedial Action. If Sellers have elected to assume Principal Management, they shall no longer be entitled

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SEC Info - Anvil Knitwear Inc, et al. - S-4/ A - On 6127197 - EX-10.5


copies of all reports, work plans and analytical data submitted to governmental agencies, all notices or other letters or documents received from governmental agencies, any other documentation and correspondence materially bearing to the Direct Claim or Onsite Remedial Action, and notices of material meetings; (ii) the opportunity to attend and participate in such material meetings; and (iii) the right of reasonable consultation with the party exercising Principal Management. The party exercising Principal Management in respect· of a matter, prior to taking any action to effect an Onsite Remedial Action, shall, unless not practicable in view of exigent circumstances, prepare a written paid describing the details of such action ("Remedial Plan·•) and provide the other party with copies of the Remedial. Within 30 days of the date that the Remedial Plan is provided, the party receiving the

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Remedial Plan shall notify the party that provided the Remedial Plan, in writing, if it believes that the Remedial Plan is not in conformity with the standards set forth in this Section 9.5 and shall provide a detailed explanation of the reasons for its conclusions. The parties shall negotiate in good faith any dispute arising form the Remedial Plan and attempt to resolve any differences within twenty (20) days. If they are unable to resolve their differences within that time period, the matter shall be submitted to arbitration as provided in Section 9.S(b) (ii) (D). Any material change to the Remedial Plan shall be treated as a new Remedial Plan subject to the procedures set forth in this paragraph. Any costs incurred by either party pursuant to this paragraph where the other party is exercising Principal Management shall not be applied to the Basket or the Minimum Claim Amount.

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C1-430

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(3) In the event they undertake Principal Management of any matter, Sellers shall, upon reasonable notice to Buyer, have reasonable access to the subject facility of Buyer. Sellers shall undertake all activities that it conducts or coordinates hereunder in a manner which does not unreasonably interfere with the day-to-day operation of such facility of Buyer •

(4) The party undertaking Principal Management hereunder for any matter shall manage the matter in good faith and in a responsible manner, and any activities conducted in connection therewith shall be undertaken promptly and concluded expeditiously using commercially reasonable efforts, subject to the schedules and approvals required by the applicable Governmental Authorities. The parties agree to reasonably cooperate with one another in connection with addressing any Direct Claim or Onsite Remedial Action. Either party make take such action as is reasonable under the circumstances to respond to an actual or threatened

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emergency or imminent endangerment situation arising from a Direct Claim or Onsite Redial Action, and if such action is taken by the party that has not undertaken Principal Management for such Direct Claim or Onsite Remedial Action hereunder, the costs of such action shall be included as part of the Direct Claim or Onsite Remedial Action.

(C) The adequacy of any Onsite Remedial Action with respect to a Third Party Claim or a Direct Claim shall be evaluated using the following criteria. Such Onsite Remedial Action shall be deemed adequate for purposes of satisfying the obligations hereunder to the extent such Onsite Remedial Action:

(1) Attains compliance in a reasonably cost-effective manner with applicable Environmental Requirements, including without limitation, all action levels or cleanup standards promulgated thereunder, and any lawful order or directive of an appropriate Governmental Authority

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(subject to Sellers' right to challenge or negotiate the appropriateness or scope of such order in good faith and in compliance with law); and

(2) Interferes to the least extent reasonably practicable with the operation at the affected property; PROVIDED, that for purposes of this sentence, a determination of what is "reasonably practicable" shall include an evaluation of the relative costs and benefits of proposed Onsite Remedial Actions •

An Onsite Remedial Action shall not be required to render any affected Owned or Leased Facility suitable for use beyond use as an industrial property, PROVIDED, HOWEVER, that an Onsite Remedial Action shall meet all lawful requirements imposed by a Governmental Authority. Except with respect to indemnification obligations of Sellers arising from a breach of the representations of Sellers arising from a breach of the representations and warranties of this Agreement relating to Environmental Requirements,

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Sellers' indemnification obligations shall include all . increases in the cost of an Onsite Remedial Action arising out of changes in Environmental Requirements after the Closing Date, until the completion of an Onsite Remedial Action.

(O) If, after Sellers have elected to assume Principal Management of a Direct Claim or the Onsite Remedial Action associated with a Third Party Claim, a dispute arises with respect to the management, investigation or remediation of such Direct Claim or Onsite Remedial Action, the parties agree to negotiate in good faith in an attempt to resolve such dispute In the event (1) such dispute cannot be resolved within· twenty days of written notice of a dispute (or such shorter period as exiqent circumstances may warrant) or (2) a dispute arises in connection with the procedure described in Section 5.24(b) hereof, the parties shall select within fourteen days thereafter (or such shorter period as exigent circumstances may warrant) a mutually satisfactory technical consultant, lawyer, or other

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person (the "Environmental Arbitrator"), who shall review the information relevant to the dispute provided by the parties and within thirty days (or such shorter period as exigent circumstances may warrant, render a decision binding upon the parties hereto irrespective of whether either party contests or participates in the dispute resolution. Any fees charged by the Environmental Arbitrator shall be allocated as determined by the Environmental Arbitrator between Buyer and Sellers. In making this determination, the Environmental Arbitrator shall be bound by the standards set forth in this Section 9.5 and, in the case of a dispute in respect of the matters covered by Section 5.24(b), section 9.5 and Section 5.24(b). If an Environmental Arbitrator cannot be agreed upon within the aforesaid period, the parties shall direct the Center for Public Resources, New York, New York, to immediately provide a list of six potential arbitrators. From the list provided, each party shall have the opportunity to strike one name, and the

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Center for Public Resources shall appoint the Environmental Arbitrator from the remaining names. The final determination of the Environmental Arbitrator shall be final and binding on the parties and there shall be no appeal from or reexamination of such final determination, except for fraud, perjury, evident partiality or misconduct by the Environmental Arbitrator prejudicing the rights of any party, and to correct manifest clerical errors. Buyer and Sellers may enforce any final determination of the Environmental Arbitrator in any' court of competent jurisdiction.

ARTICLE 10 MISCELLANEOtlS

10.1 EXPENSES. Except as expressly otherwise provided in Sections 5.10 and 8.2 of Article 9 hereof, the fees and expenses (including the fees of any lawyers, accountants, investment bankers or others engaged by such party) in connection with this Agreement and the transactions contemplated hereby whether or not the transactions contemplated hereby are consummated will be paid by Buyer with respect to Buyer and will be paid by the Sellers with respect to the Sellers.

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Exhibit G-2 1995-01-28 - Guaranty Agreement involving

Culligan International Company and Anvil Knitwear Inc., ef al.

349

•

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Filing Detail

Home I Latest Filings I Previous Page

U.S. Securities and Exchange Commissior

Search the NextGeneration EDGAR System

SEC Home » Search the Next-Generation EDGAR System » Company Search » Current Page

Form S-4 - Registration of securities, business combinations

Filing Date 1997-05-13

Accepted 1997-05-13 00:00:00

Documents 30

Document Format Files

SROs NONE

SEC Accession No. 0000912057-97-017257

l[seg___J~si:_i:ip_!~n _______ _ _---~~~':l'!l_e_~t _ __ _ _ _J[!¥p~_~[~i~~ -------~

1 S-4 S-4 837606

2 EXHIBIT 2.1 RECAPITALIZATION AGREEMENT EX-2.1 160385

3 EXHIBIT 3.1 CERTIFICATE OF

EX-3.1 6244 INCORPORATATION ANVIL

.4 EXHIBIT 3.2 RESTATED CERT. OF INC. HOLDINGS• EX-3.2 32208

5 EXHIBIT 3.3 CERT. OF INC. COTTONTOPS EX-3.3 2663

6 EXHIBIT 3.4 BY-LAWS OF ANVIL EX-3.4 41190

7 EXHIBIT 3.5 BY-LAWS OF HOLDINGS EX-3.5 44852

8 EXHIBIT 3.6 BY-LAWS OF COTTONTOPS EX-3.6 45885

9 EXHIBIT 4.1 PURCHASE AGREEMENT (3-14-97) EX-4.1 104322

10 EXHIBIT 4.2 SENIOR INDENTURE (3-14-97) EX-4.2 310904

11 EXHIBIT 4.5 AMNDED & RESTTD CRED AGREE (3-

EX-4.5 293522 14-97)

·-

12 EXHIBIT 4.6 AMNDED & RESTTD PLDG & SEC

EX-4.6 89209 AGREE

13 EXHIBIT 4.7 REGISTRATION RIGHTS AGREE (3-

EX-4.7 85127 14-97)

- ... -- ·--

14 EXHIBIT 10.1 EMPLOY AGREE (ANVIL &

EX-10.1 35488 BERNARD)


EX-10.2 36594 HOLLANDER)

16 EXHIBIT 10.3 EMPLOY AGREE (ANVIL & TURNER) • EX-10.3 35531


EX-10.4 36418 CORSANO)

. --18 EXHIBIT 10.6 GUARANTY AGREE (01-28-95) EX-10.6 19839

19 EXHIBIT 10.7 PURCHASE AGREE (3-14-97) EX-10.7 101943 ··-·

.20 EXHIBIT 10.8 UNIT AGREEMENT (3-14-97) EX-10.8 85505

EXHIBIT 10.9 EXCHANGE DEBENTURE INDENT. EX-10.9 277902 21

(3-14-97)

22 EXHIBIT 10.10 REGISTRATION RIGHTS AGREE (3-

EX-10.10 79445

350

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C1-438

14-97)

23 EXHIBIT 10.11 REGIST. RIGHTS & SECURITY (3-14-97)

24 EXHIBIT 10.12 REGIST. RIGHTS AGREE (3-14-97)

25 EXHIBIT 10.13 STOCKHOLDERS AGREE (3-14-97)

26 EXHIBIT 21.1 SUB. OF ANVIL HOLDINGS

27 EXHIBIT 23.1 CONSENT OF DELOITTE & TOUCHE

28 EXHIBIT 23.2 CONSENT OF KPMG

29 EXHIBIT 25.1

30 EXHIBIT 27.1 FDS

EX-10.11

EX-10.12

EX-10.13

EX-21.1

EX-23.1

EX-23.2

EX-25.1

EX-27.1

26618

55729

66972

2284

1229

972

11387

2160

I • I

Complete submission text file 0000912057-97-

2936036 017257.txt

·-----~ - ·------------ --~ - ...... --_J ANVIL KNITWEAR INC (Filer) CIK: 0001038273 (see all company filings)

'llRS No.: 133801709 I State of lncorp.: DE I Fiscal Year E~d: 0131 Type: S-41 Act: 331 File No.: 333-269951 Film No.: 97602696

. -- -- - -- -------~-------- -------- -- -- - - - - -

Business Address 228 EAST 45TH ST NEW YORK NY 10017 212-476-0300

fANVIL HOLDINGS INC (Filer) CIK: 000103B274(seeail------·- Business Address . fir ) 228 EAST 45TH ST 1company I mgs NEW YORK NY 10017 f IRS No.: 1338017051 State of lncorp.: DE I Fiscal Year End: 0131 212-476-0300 lType: S-4 [~ct: 331 File No.: 333-26995-01 I Film No.:_9!6_0_2697 __

Mailing Address 228 EAST 45TH ST NEW YORK NY 10017

Mailing Address 228 EAST 45TH ST NEW YORK NY 10017

~------~---- --~-·---·-·-----....

COTTONTOPS INC (Filer) CIK: 0001038275 (see all company Business Address Mailing Address

ilings) 228 EAST 45TH ST 228 EAST 45TH ST NEW YORK NY 10017 NEW YORK NY 10017

RS No.: 562005760 I State of lncorp.: DE I Fiscal Year End: 0131

~~~e~-41 A~t~33 L F!!e _N~~:_ 3~-~~9~5~_2J ~ii~~~.: 97602~9~ _ __ ---·····-~1~~~76-03--------··--·-··--·--··------ - •

• 351

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reference only, do not constitute part of this Agreement and will not be deemed to limit or otherwise affect any of the provisions hereof. References to Sections, unless otherwise indicated, are references to Sections of this Agreement.

5. Notices. All notices to be given pursuant to this Agreement to any party must be in writing and will be deemed to have been validly given:

follows:

<PAGE>

(a) if delivered by hand to an officer or agent of such party at its address given below;

(b) if delivered by overnight commercial courier (such as Federal Express); or

(c) if delivered by telecopier transmission, to such party at its address given below.

The address of each party for the purposes of this Agreement is as

If to the Guarantors:

Astrum International Corp. and Culligan International Corp.

c/o Astrum Management Corp. 372 Washington Street, Third Floor Wellesley, Massachusetts 02181 Attention: Mr. Joseph Dempsey,

Senior Vice President Facsimile: (212) 431-1007

With a copy to:

Willkie, Farr & Gallagher One Citicorp Center 153 East 53rd Street New York, New York 10022

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Attention: Laurence D. Weltman, Esquire Facsimile: (212) 821-8111

If to the Buyer:

Anvil Knitwear, Inc. c/o Vestar Capital Partners 245 Park Avenue, 40th Floor New York, New York 10167 Attention: Prakash A. Melwani,

Managing Director Facsimile: (212) 808-4922

With a copy to:

Kirkland & Ellis 655 Fifteenth Street, N.W., Suite 1200 Washington, D.C. 20005

http://www.sec.gov/ Archives/edgar/data/l 038273g>SQf 912057-97-017257 .txt 9/17/2014

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C1-442

Attention: Jack M. Feder, Esquire Facsimile: (202) 879-5200

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Each party shall by notice to the other change its address for notice whenever its existing address or facsimile number for notice changes.

6. Assignment. This Agreement and all provision hereof will be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns; provided, however, that neither this Agreement nor any right, interest, or obligation hereunder may be assigned by any party hereto without the prior written consent of the other party except that Buyer may, without the consent of the Sellers, assign Buyer's rights and interest under this Agreement in connection with acquisition financing necessary to affect the transactions contemplated under the Purchase Agreement, provided further that no party hereto or successor or assignee has the ability to subrogate any other Person to any·right or obligation under this Agreement.

<PAGE>

7. Amendment; Waiver.

(a) This Agreement may only be amended or modified in writing signed by the party against whom enforcement of any such amendment or modification is sought.

(b) Any party hereto may, by an instrument in writing, waive compliance with any term or provision of this Agreement on the part of such other party hereto.

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The waiver by any party hereto of a breach of any term or provision of this Agreement will not be construed as a waiver of any subsequent breach.

8. Obligations Unconditional. Subject to the limitations set forth in Section 1, the obligations of the Guarantors under this Agreement are joint and several, absolute and unconditional, irrespective of the value, genuineness, validity, regularity or enforceability of the Purchase Agreement, or any other agreement or instrument referred to therein, or any substitution, release or exchange of any other guarantee of or security for any of the obligations hereunder and, to the fullest extent permitted by applicable law, irrespective of any other circumstances whatsoever which might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 8 that the obligations of the Guarantors hereunder shall be absolute and unconditional under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of any Guarantor hereunder which shall remain absolute and unconditional as described above:

(i) at any time or from time to time, without notice to any Guarantor, the time for any performance of or compliance with any of the obligations hereunder shall be extended, or such performance or compliance shall be waived;

(ii) any of the acts mentioned in any of the provisions of the Purchase Agreement or any other agreement or instrument referred therein shall be done or omitted;

(iii) any of the obligations hereunder shall be modified, supplemented or amended in any respect, or any right under the

http://www.sec.gov/Archives/edgar/data/1038273J~~912057-97-017257.txt 9/17/2014

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Purchase Agreement or any other agreement or instrument referred to therein shall be waived or any other guarantee of any of the obligations hereunder or any security therefor shall be released or exchanged in whole or in part or otherwise dealt with; or

(iv) any of the obligations shall be determined to be void or voidable (including, without limitation, for the benefit of any creditor or any Guarantor) or shall be subordinated to the claims of any person (including, without limitation, any creditor or any Guarantor) .

Subject to the limitations set forth in Section 1, with respect to its obligations hereunder, each Guarantor hereby expressly waives diligence, presentment, demand of payment, protest and all notices whatsoever, and any requirement that the Buyer exhaust any right, power or remedy or proceed against any person under the Purchase Agreement or any other agreement or instrument referred to therein, or against any other Person under any other guarantee of, or security for, any of the obligations hereunder.

- 5 -<PAGE>

9. Reinstatement. The obligations of the Guarantors under this Section 9 shall be automatically reinstated if and to the extent that, for any reason any payment by or on behalf of any person in respect of the obligations hereunder is_ rescinded or must be otherwise restored by any holder of any of the obligations, whether as a result of any proceedings in bankruptcy or reorganization or otherwise, and each Guarantor agrees that it will indemnify the Buyer on demand for all reasonable costs and expenses (including, without limitation, reasonable fees of counsel) incurred by the Buyer in connection with such rescission or restoration, including any such costs and expenses incurred in defending against any claim alleging that such payment constituted a preference, fraudulent transfer or similar payment under any bankruptcy, insolvency or similar la\>J: ..

10. Certain Additional Waivers. Each Guarantor further agrees that it shall have no right of subrogation, reimbursement or indemnity, nor any right of recourse to security, if any, for the obligations hereunder, so long as any amounts payable to the Buyer in respect of the obligations hereunder shall remain outstanding.

11. Continuing Guaranty. The guarantees in this Agreement is a continuing guaranty, and shall apply to all obligations hereunder whenever arising.

12. Counterparts. This Agreement may be executed in two or more counterparts, all of which will be considered one and the same agreement and each of which will be deemed an original.

13. Governing Law. This Agreement will be governed by the laws of the State of New York and the laws of the United States applicable therein (regardless of the laws that might be applicable under principles of conflicts of law) as to all matters, including but not limited to matters of validity, construction, effect and performance.

14. Severability. If any one or more of the provisions of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality or enforceability or the remaining provisions of this Agreement will not be affected thereby, and the Guarantors and Buyer will use their reasonable

http://www.sec.gov/Archives/edgar/data/1038273~~12057-97-0l 7257.txt 9/17/2014

- Doc. Ex. 418 -

C1-444

of7

efforts to substitute one or more valid, legal and enforceable provisions which insofar as practicable implement the purposes and intent hereof. To the extent permitted by applicable law, each party waives any provision of law which renders any provision of this Agreement invalid, illegal or unenforceable in any respect.

15. Consent to Jurisdiction. Buyer and each Guarantor hereby submit to the exclusive jurisdiction of the courts of the State of New York solely in respect of the interpretation and enforcement of the provisions of this Agreement and any related agreement and hereby waive, and agree not to assert, as a defense in any action, suit or proceeding for the interpretation or enforcement of this Agreement any related agreement, that they are not subject thereto or that such action, suit or proceeding may not be brought or is not maintainable in such courts or that this Agreement may not be enforced in or by such courts or that their property is exempt or immune from

- 6 -<PAGE>

execution, that the suit, action or proceeding is brought in an inconvenient forum, or that the venue of the suit, action or proceeding is improper. Service of process with respect thereto may be made upon the Buyer or the Guarantors by· mailing a copy thereof by registered or certified mail, postage prepaid, to such party at its address as provided in Section 5 hereof.

16. Third Party Beneficiaries. This Agreement is not intended to confer upon any other Person any rights or remedies hereunder.

* * * * *

- 7 -<PAGE>

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the day and year first above written.

ASTRUM INTERNATIONAL CORP.

By:

Name:

Title:

CULLIGAN INTERNATIONAL COMPANY

By:

Name:

Title:

ANVIL KNITWEAR, INC.

http://www.sec.gov/ Archives/edgar/data/103827'3J'lJ6fJ912057-97-017257 .txt 9/17/2014

•

•

•

- Doc. Ex. 419 -

C1-445

- Doc. Ex. 420 -

C1-446

- Doc. Ex. 421 -

C1-447


.S. Securities and Exchange Commissior

Filing Detail

SEC Home » Search the Next-Generation EDGAR System » Company Search » Current Page


Fonn 10-K -Annual report {Section 13 and 15(d), not S-K Item 405) SEC Accession No. 0000944209-98-001234


Accepted 1995-09-28 00:00:00

Documents 13


Period of Report 1998-03-31

SR Os NYSE

~q ·~escription ·-·-----·-________ :]~umen! ____ -~[!YJ>_!__~~----- ----~], 0000944209-98-

Complete submission text file 001234.txt

--···----····--··- ------- ------·-----·

UNITED STATES:fli;TER CORP (Filer) CIK: 0000318025 (see all company filings)

.RS No.: 3302660151 State of lncorp.: DE I Fiscal Year End: 0331

Assistant Director 6

Business Address 40-004 COOK ST

734376

PALM DESERT CA 92211 7603400098

~ype: 10-K I Act: 341 File No.: 000-095341 Film No.: 98657164

SIC: 3580 Refrigeration & Service Industry Machinery

------------------ ---------------

• 360

Mailing Address l 40-004 COOK STREET PALM DESERT CA 92211

- Doc. Ex. 422 -

C1-448

FORMER COMPANY: FORMER CONFORMED NAME: NOV AN ENERGY INC DATE OF NAME CHANGE: 19871227

</SEC-HEADER> <DOCUMENT> <TYPE>lO-K <SEQUENCE> 1 <DESCRIPTION>FORM 10-K <TEXT>

<PAGE>

SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549

FORM 10-K

ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934

FOR THE FISCAL YEAR ENDED MARCH 31, 1998 COMMISSION FILE NUMBER 1-10728

UNITED STATES FILTER CORPORATION (EXACT NAME OF REGISTRANT AS SPECIFIED IN ITS CHARTER)

<TABLE> <S> <C>

DELAWARE 33-0266015 (STATE OR OTHER mRISDICTION OF INCORPORATION OR ORGANIZATION)

40-004 COOK STREET, PALM DESERT, CA (ADDRESS OF PRINCIPAL EXECUTIVE OFFICES)

</TABLE>

(I.R.S. EMPLOYER IDENTIFICATION NO.)

92211 (ZIP CODE)

REGISTRANT'S TELEPHONE NUMBER, INCLUDING AREA CODE: (760) 340-0098

SECURITIES REGISTERED PURSUANT TO SECTION 12(b) OF THE ACT:

<TABLE> <S> <C>

COMMON STOCK, $.01 PAR VALUE NEW YORK STOCK EXCHANGE

4 1/2% CONVERTIBLE SUBORDINATED NOTES DUE 2001 NEW YORK STOCK EXCHANGE (TITLE OF EACH CLASS) (NAME OF EACH EXCHANGE ON WHICH REGISTERED)

</TABLE>

Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15( d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to

361

•

•

•

- Doc. Ex. 423 -

C1-449

Filter Corporation and its subsidiaries, unless the context requiresotherwise. Since 1991, the Company has acquired more than 150 United States based andinternational businesses. These acquisitions have enabled the Company toexpand significantly the segments of the water and wastewater treatmentindustry and water-related industries in which it participates, to complementits technologies, products or services, to enter into additional geographicareas and serve additional industries, municipalities, governments and othercustomers and to expand its installed base, service network, range of productsand technologies and global distribution network. The Company intends toactively seek additional acquisitions that enhance its geographic network,customer base, and range of product offerings, technologies, markets andindustries served, or that provide opportunities to implement the Company'sone-stop-shop approach in terms of technology, distribution or service. Kinetics. Effective December 31, 1997, the Company acquired The KineticsGroup, Inc. ("Kinetics") in exchange for 5,803,803 shares of common stock ofthe Company. Kinetics is a leading United States manufacturer and supplier ofsophisticated high-purity process piping systems for the handling of gases,water and chemicals. Such systems are provided primarily to themicroelectronics, pharmaceutical and biotechnology industries, and arecritical to these operations. For its fiscal year ended September 30, 1997,Kinetics' revenues were $387.8 million. Memtec. The Company completed the acquisition of Memtec Limited ("Memtec")in December 1997 for a total cash purchase price of $397.2 million. Memtecdesigns and manufactures large volume membrane-based systems featuringMemtec's proprietary microfiltration ("CMF") technology. It also designs andmanufactures an extensive range of products and systems worldwide that areused in the filtration of liquid and gas streams in a wide variety ofindustrial, municipal and commercial applications. For its fiscal year endedJune 30, 1997, Memtec's revenues were $243.6 million. Culligan. Subsequent to the Company's fiscal year end, on June 15, 1998, theCompany acquired Culligan Water Technologies, Inc. ("Culligan"). Culligan is aleading manufacturer and distributor of water purification and treatmentproducts and services for consumer, commercial and industrial applications.Products and services offered by Culligan range from those designed to solveresidential water problems, such as filters for tap water 2<PAGE> and household water softeners, to equipment and services for commercial andindustrial customers, such as ultrafiltration and microfiltration products.Culligan also offers desalination systems and portable deionization services("PDS") designed for commercial and industrial applications. In addition,Culligan sells and licenses dealers to sell five-gallon bottled water underthe Culligan trademark. Culligan has been an active participant in the waterpurification and treatment industry since 1936, and its Culligan(R),Everpure(R), Ametek(R) and Bruner(R) brands are among the most recognized inthe industry. For its fiscal year ended January 31, 1998, Culligan's revenueswere $505.7 million.

362

- Doc. Ex. 424 -

C1-450

The Company's high-purity process piping systems have been sold principallyto companies in the semiconductor and, to a lesser extent, pharmaceutical andbiotechnology industries, and sales of those systems are critically dependenton these industries. The success of customers and potential customers forhigh-purity process piping systems is linked to economic conditions in theserespective industries, which in turn are each subject to intense competitivepressure and are affected by overall economic conditions. The semiconductorindustry in particular has historically been, and will likely continue to be,cyclical in nature and vulnerable to general downturns in the economy. Thesemiconductor and pharmaceutical industries also represent significant marketsfor the Company's water and wastewater treatment systems. Downturns in theseindustries could have a material adverse effect on the Company's revenues andprofitability. Operating results from the sale of high-purity process piping systems alsocan be expected to fluctuate significantly as a result of the limited pool ofexisting and potential customers for these systems, the timing of newcontracts, possible deferrals or cancellations of existing contracts and theevolving and unpredictable nature of the markets for high-purity processpiping systems. As a result of these and other factors, the Company's operating results maybe subject to quarterly or annual fluctuations. There can be no assurance thatat any given time the Company's operating results will meet or exceed stockmarket analysts' expectations, in which event the market price of the commonstock could be adversely affected. Potential Environmental Risks. The Company's business and products may besignificantly influenced by the constantly changing body of environmental lawsand regulations, which require that certain environmental standards be met andimpose liability for the failure to comply with such standards. The Company isalso subject to inherent risks associated with environmental conditions atfacilities owned, and the state of compliance with environmental laws, bybusinesses acquired by the Company. While the Company endeavors at each of itsfacilities to assure compliance with environmental laws and regulations, therecan be no assurance that the 30<PAGE> Company's operations or activities, or historical operations by others at theCompany's locations, will not result in cleanup obligations, civil or criminalenforcement actions or private actions that could have a material adverseeffect on the Company. In that regard, at a Connecticut ion exchange resin regeneration facility(the "South Windsor Facility") operated by a wholly owned subsidiary of theCompany (the "South Windsor Subsidiary"), acquired by the Company in October1995 from Anjou International Company ("Anjou"), U.S. federal and stateenvironmental regulatory authorities issued certain notices of violationalleging multiple violations of applicable wastewater pretreatment standards.The South Windsor Subsidiary has reached an agreement with the U.S. Attorney'sOffice and the U.S. Environmental Protection Agency ("USEPA") to settle all

363

- Doc. Ex. 425 -

C1-451

agency claims and investigations relating to this matter entering into a pleaagreement pursuant to which the South Windsor Subsidiary will plead guilty toa single violation of the Clean Water Act. The settlement includes a paymentof $1.36 million, including a criminal penalty of $1.0 million and annualenvironmental compliance audits at the South Windsor Facility for five years.The Company believes that this settlement will conclude this matter in itsentirety; however, the settlement does not include a formal release of allliabilities in this regard. The Company has certain rights of indemnificationfrom Anjou which may be available with respect to this matter pursuant to thelaws of the State of New York or the Stock Purchase Agreement dated as ofAugust 30, 1995 among the Company, Anjou and Polymetrics, Inc. In addition to the foregoing, the Company's activities as owner and operatorof certain hazardous waste treatment and recovery facilities are subject tostringent laws and regulations and compliance reviews. Failure of thesefacilities to comply with those regulations could result in substantial finesand the suspension or revocation of the facility's hazardous waste permit. TheCompany serves as contract operator of various municipal and industrialwastewater collection and treatment facilities, which were developed and areowned by governmental or private entities. The Company also operates otherfacilities, including service deionization centers and manufacturingfacilities, that discharge wastewater in connection with routine operations.Under certain service contracts and applicable environmental laws, the Companyas operator of such facilities may incur certain liabilities in the eventthose facilities experience malfunctions or discharge wastewater which doesnot meet applicable permit limits and regulatory requirements. In some cases,the potential for such liabilities depends upon design or operationalconditions over which the Company has limited, if any, control. In othermatters, the Company has been notified by the USEPA that it is a potentiallyresponsible party under the Comprehensive Environmental Response,Compensation, and Liability Act of 1980 ("CERCLA") at certain sites to whichthe Company or its predecessors allegedly sent waste in the past. It ispossible that the Company could receive other such notices under CERCLA oranalogous state laws in the future. Based on sites which are currently knownto the Company that may require remediation, the Company does not believe thatits liability, if any, relating to such sites will be material. However, therecan be no assurance that such matters will not be material. In addition, tosome extent, the liabilities and risks imposed by environmental laws on theCompany's customers may adversely impact demand for certain of the Company'sproducts or services or impose greater liabilities and risks on the Company,which could also have an adverse effect on the Company's competitive andfinancial position. In 1995, Culligan purchased an equity interest in Anvil Holdings, Inc. As aresult of this transaction, Culligan assumed certain environmental liabilitiesassociated with soil and groundwater contamination at Anvil Knitwear'sAsheville Dyeing and Finishing Plant (the "Plant") in Swannanoa, NorthCarolina. Since 1990, Culligan has delineated and monitored the contaminationpursuant to an Administrative Consent Order entered into with the NorthCarolina Department of Environment, Health and Natural Resources related tothe closure of an underground storage tank at the site. Groundwater testing atthe Plant and at two adjoining properties has shown levels of a cleaningsolvent believed to be from the Plant that are above action levels under stateguidelines. The Company has begun remediation of the contamination. The

364

- Doc. Ex. 426 -

C1-452

Company currently estimates that the costs of future site remediation will range from up to $1.0 million to $1.8 million and that it has sufficient reserves for the site cleanup. The Company anticipates that the potential costs of further monitoring and corrective measures to address the groundwater problem under applicable laws will not have a material adverse effect on the financial position or the results of operations of the Company. However, because the full extent of

31 <PAGE>

the required cleanup has not been determined, there can be no assurance that this matter will not have a material adverse effect on the Company's financial position or results of operations.

Certain of the Company's facilities contain or in the past contained underground storage tanks which may have caused soil or groundwater contamination. At one site formerly owned by Culligan, the Company is investigating, and has taken certain actions to correct, contamination that may have resulted from a former underground storage tank. Based on the amount of contamination believed to have been present when the tank was removed, and the probability that some of the contamination may have originated from nearby properties, the Company believes, although there can be no assurance, that this matter will not have a material adverse effect on the Company's financial position or results of operations.

Competition. All of the markets in which the Company competes are highly competitive, and most are fragmented, with numerous regional and local participants. There are competitors of the Company in certain markets that are divisions or subsidiaries of companies that have significantly greater resources than the Company. Competitive pressures, including those described above, and other factors could cause the Company to lose market share or could result in significant price erosion, either of which could have a material adverse effect upon the Company's financial position, results of operations and cash flows. See "Business--Competition."

Potential Risks Related to Water Rights and Water Transfers. The Company recently acquired more than 47,000 acres of agricultural land (the "Properties"), situated in the Southwestern United States, the substantial majority of which are in Imperial County, California (the "IID Properties") located within the Imperial Irrigation District (the "IID"). Substantially all of the Properties are currently leased to third party agricultural tenants, including prior owners of the Properties. The Company acquired the Properties with appurtenant water rights, and is actively seeking to acquire additional properties with water rights, primarily in the Southwestern and Western United States. The Company may seek in the future to transfer water attributable to water rights appurtenant to the Properties, particularly the IID Properties (the "llD Water"). However, since the IID holds title to all of the water rights within the IID in trust for the landowners, the IID would control the timing and terms of any transfers of IID Water by the Company. The circumstances under which transfers of water can be made and the profitability of any transfers are subject to significant uncertainties, including hydrologic risks of variable water supplies, risks presented by allocations of water under existing and prospective priorities, and risks of adverse changes

365

•

••

••

- Doc. Ex. 427 -

C1-453

•

•

•

Exhibit G-4 2004-07-22 - SEC Filing - Press Release

announcing sale of Culligan by Veolia Environnement (a parent of WASCO)

366

- Doc. Ex. 428 -

C1-454


U.S. Securities and Exchange Commlssipt

Filing Detail

SEC Home » Search the Next-Generation EDGAR System » Company Search » Cuffent Page


Form 6-K- Report offoreign issuer [Rules 13a-16 and 15d-16] SEC Accession No. 0000903423-04-000705

--


Accepted 2004-07-23 11 :56:06

Documents 2


Period of Report 2004-07-23

~~'! J~e~c!ipti~n _ ·--------- ~-- - - ---- - - - ·---;[1:>0~1.1ment_

----- -~~¥£! _ __ J~~! _____ . __ ________ JI 1 veolia-6k -0723.htm 6-K 11471 ... j ,.,. ··- ... - . 2

L ·-,veolia-env.gif IGRAPHIC 3646

Complete submission text file 0000903423-04-

16695 000705.txt

. - . - -- ·- -y-- --y--------- ·-·-y -·--···· T'''' ·-y -~T~T' 'T -~- ·--

VEOLIA ENVIRONNEMENT (Filer} CIK: 0001160110 (see all Business Address Mailing Address • company filings) " BANK OF NEW YORK 36-38 A VE. KLEBER 101 BARCLAY STREET PARIS I

IRS No.: 000000000 22NDFLOOR 75116 'lT. ype:-6-K I Act: 341 File No.: 001-152481 Film No.: 04928241 NEW YORK NY 10386 SIC: 4953 Refuse Systems 2128152129 Assistant Director 6 -- -· - --------··----- - - . ·- ·--- -· - ------ ---- --- ·-------------

• 367

- Doc. Ex. 429 -

C1-455

6-K 1 veolia-6k 0723.htm \

\ •

•

SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549

FORM6-K

REPORT OF FOREIGN PRIVATE ISSUER PURSUANT TO RULES 13a-16OR15d-16 OF THE SECURITIES EXCHANGE ACT OF 1934

July 22 , 2004

VEOLIA ENVIRONNEMENT (Exact name ofregistrant as specified in its charter)

36-38, avenue Kleber 75116 Paris, France

(Address of principal executive offices)

(Indicate by check mark whether the registrant files or will file annual reports under cover Form 20-F or Form 40-F.)

Form 20-F _x_ Form 40-F _

(Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule lOl(b)(l)): __

(Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(7)): __

(Indicate by check mark whether the registrant by furnishing the information contained in this Form is also thereby furnishing the information to the Commission pursuant to Rule 12g3-2(b) under the Securities Exchange Act of 1934.

Yes __ No __x__

(If"Yes" is marked, indicate below the file number assigned to the registrant in connection

with Rule 12g3-2(b): 82--------

PRESS RELEASE

Veolia Environnement announces sale of Culligan for $610 million

.North American disposal program announced in September 2003 completed totaling $1.9 billion

nd

368

- Doc. Ex. 430 -

C1-456

Paris, July 22 , 2004

Veolia Environnement (Euronext: VIE and NYSE: VE), announces today it has entered into a definitive agreement for the sale of its Culligan business to private equity firm Clayton Dubilier & Rice, for total consideration of $610 million in cash. The transaction, which is expected to be completed in the fourth quarter of 2004, is subject only to applicable regulatory approvals and other • customary closing conditions.

The sale represents the final step in the implementation of the strategic refocusing of Veolia Environnement's water operations in North America, which was originally announced in September 2003. The disposal of Culligan (following the sale of Everpure in late 2003 to Pentair, the sale of farmlands held by USFilter in California in the first half of 2004, and the sale USFilter's systems and services businesses to Siemens announced in the first half of 2004) reflects Veolia Environnement's strategy to focus its development on outsourcing services and long-term contracts for both municipalities and industrial companies. The total proceeds generated from these sales, including $215 million for the disposal of Everpure that was completed in 2003, amount to approximately $1.9 billion.

Veolia Environnement will remain an important player in environmental services in North America. It currently anticipates that it may generate 2004 revenue in North America of approximately $2.5 billion after those disposals, including approximately $1.4 billion in Waste Management, $0.7 billion in Water and $0.4 billion in Transportation.

Veolia Environnement (Paris Euronext: VIE et NYSE: VE), is the leading provider of environmental services to municipalities and industrial companies worldwide. The company has global operations in four core business areas: Water, Waste, Energy Services and Transportation. In 2003, Veolia Environnement generated consolidated revenue of 28.6 billion euros ($36.1 billion). Visit the company's web site at www yeoljaenyjronnement-finance com.

Important Disclaimer. Veolia Environnement is a corporation listed on the NYSE and Euronext Paris. This press release contains "forward-looking statements" within the meaning of the provisions of the U.S. Private Securities Litigation Reform Act of 1995. These statements are based on management's current expectations or beliefs and are subject to a number of factors and uncertainties that could cause actual results to differ materially from those described in the forward-looking statements. These factors and uncertainties include in particular risks related to the ability of Veolia Environnement to complete its divestiture transactions as a result of customary conditions precedent and closing adjustments, as well as the risks described in the documents Veolia Environnement has filed with the U.S. Securities and Exchange Commission. Veolia Environnement does not undertake, nor does it have, any obligation to provide updates or to revise any forward-looking statements. Investors and security holders may obtain a free copy of documents filed by Veolia Environnement with the U.S. Securities and Exchange Commission from Veolia Environnement.

Analyst and institutional investor contact: Nathalie Pinon +33 1 71 75 01 67 • US Investor contact: Brian Sullivan +(l) 941 362 24 35

US Press contact: Jim Force +(1) 715 355 3515

Press release also available on our web site: http//veoliaenvironnement-finance.com

SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.

Dated: July 22, 2004

VEOLIA ENVIRONNEMENT

By: /s/ Jerome Contaroine Name: Jerome Contamine Title: Chief Financial Officer

369

•

- Doc. Ex. 431 -

C1-457

•

•

Exhibit G-5 2004-09-21 - Excerpts3 from Offering

Memorandum of Culligan Finance Corporation B.V., discussing indemnification by WASCO

• 1 For brevity's sake, this exhibit contains only relevant passages from the lengthy Offering Memorandum.

370

- Doc. Ex. 432 -

C1-458

OFFERING MEMORANDUM CONFIDENTIAL

€185,000,000

Culligan Finance Corporation B.V. (incorporated with limited liability under the laws of The Netherlands, having its corporate domicile in Amsterdam, The Netherlands)

8% Senior Subordinated Notes due 2014 Guaranteed on a senior subordinated basis by CDRC Holding S.ar.l., our

parent company, and certain of its subsidiaries as to the payment of principal, interest and all other monetary obligations under the notes.

The notes will bear interest at the rate of 8% per year. Interest on the notes is payable on April 1 and October 1 of each year, beginning on April 1, 2005, except that the final interest payment will be payable on September 30, 2014. The notes will mature on September 30, 2014. Culligan Finance Corporation B.V. (the "Issuer") may redeem some or all of the notes at any time on or after October 1, 2009, at the redemption prices set forth herein, or prior to that date, at a redemption price equal to the principal amount of the notes plus a "make whole" premium. In addition, from time to time on or prior to October 1, 2007, the Issuer may redeem up to 35% of the notes from the proceeds of certain equity offerings. The Issuer may redeem all, but not less than all, the notes in the event of certain developments affecting taxation. If the Issuer undergoes a change of control or it sells certain of its assets, it may be required to offer to purchase the notes from you. See "Description of Notes."

The notes will be the Issuer's senior subordinated unsecured obligations and will rank equally with all of its existing and future unsecured senior subordinated indebtedness. The notes will be effectively subordinated

•

to the Issuer's existing and future senior indebtedness and secured indebtedness to the extent of the assets • securing that indebtedness. On the issue date, CDRC Holding S.iir.l. and certain subsidiaries of CDRC Holding S.ar.l. will guarantee the notes with guarantees that will be subordinated and unsecured. These guarantees will rank equally with all existing and future unsecured senior subordinated obligations of the guarantors and will be effectively subordinated to existing and future senior indebtedness of the guarantors and secured indebtedness of the guarantors to the extent of the assets securing that indebtedness. In addition, CDRC International S.ar.l., parent company to CDRC Holding S.ar.l., will guarantee the notes on a senior unsecured basis.

We have applied to list the notes on the Luxembourg Stock Exchange.

Investing in the notes involves risks. See "Risk Factors" beginning on page 14.

We have not registered the notes under the U.S. Securities Act of 1933, as amended (the "U.S. Securities Act"), or any other securities laws. Accordingly, notes being offered and sold within the United States or to, or for the account or benefit of, U.S. persons are being offered and sold only to qualified institutional buyers in accordance with Rule 144A under the U.S. Securities Act and outside the United States in accordance with Regulation S under the U.S. Securities Act. Prospective purchasers that are qualified institutional buyers are hereby notified that the seller of the notes may be relying on the exemption from the provisions of Section 5 of the U.S. Securities Act provided by Rule 144A. For a description of certain restrictions on transfers of the notes see "Plan of Distribution" and "Notice to Investors."

Price: 100.000% plus accrued interest, if any, from September 30, 2004.

The initial purchasers expect to deliver the notes to purchasers on or about September 30, 2004.

Citigroup

Barclays Capital

September 21, 2004

Joint Book-Running Managers

·Banc of America Securities Limited

371

BNP PARIBAS

UBS Investment Bank •

- Doc. Ex. 433 -

C1-459

•

•

•

You should rely only on the information contained in this offering memorandum. We have not, and the initial purchasers have not, authorized anyone to provide you with different information. We are not and the initial purchasers are not, making an offer of these securities in any jurisdiction where the offer is not permitted. You should not assume that the information contained in this offering memorandum is accurate as of any date other than the date on the front cover of this offering memorandum.

TABLE OF CONTENTS

Important Information About This Offering Memorandum .......................... . Information Regarding Forward-Looking Statements .............................. . Presentation of Financial and Other Data ...................................... . Summary .............................................................. . Risk Factors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Use of Proceeds ......................................................... . Capitalization ........................................................... . Currency of Presentation and Exchange Rates ................................... . Unaudited Pro Forma Combined Financial Statements ............................. . Selected Financial Data ........................... ·-· ...................... . Management's Discussion and Analysis of Financial Condition and Results of Operations ... . Business ............................................................... . Management ........................................................... . Principal Shareholders .................................................... . Certain Relationships and Related Party Transactions ............................. . Description of Certain Indebtedness .......................................... . Description of Notes ..................................................... . Tax Considerations ....................................................... . Plan of Distribution ...................................................... . Notice to Investors ....................................................... . Service of Process and Enforcement of Civil Liabilities ............................. . Legal Matters ........................................................... . Independent Accountants and Auditors ........................................ . Listing and General Information ......................................... · .... . Index to Combined Financial Statements ....................................... .

372

ii vii

viii 1

14 32 33 34 35 42 44 56 70 75 76 78 81

139 146 148 151 152 152 153 F-1

- Doc. Ex. 434 -

C1-460

The Transactions

We expect the following transactions to be consummated in connection with the issuance of notes.

• Acquisition.(Investment vehicles formed by CD&R Fund VI will acquire all of the equity) ownership in various entities constituting the Culligan Group held by Water Applications 10 Systems Corporation (formerly known as United States Filter Corporation), or the seller, a) subsidiary of Veolia Environnement, for c~h <;Q!l~idengiQQ of $610.0 million P.lus any rem~!!_i!lg) ne! cas,!!,, which is cash less indebtedness. We have estimated the remaining net cash at closing to be $3.1 million for the sources and uses table below. These acquisitions will be made through several acquiring entities, which will be ultimately owned by CDRC Holding S.ar.l., all of whose equity will be beneficially owned by CD&R Fund VI.

• Credit Facility. CDRC Acquisition Inc. will establish a Senior Secured Credit Facility consisting of a $215.0 million term loan and a $110.0 million multi-currency revolving credit facility. All the proceeds of the term loan and an initial drawing under our revolving credit facility will ultimately be used to pay a portion of the cash consideration for the Acquisition and related fees and expenses, with a portion of the such proceeds first being lent to certain acquiring entities. Following the Acquisition, and as part of the reorganization described below, Culligan International Company will become the obligor under the Senior Secured Credit Facility.

• Notes. Culligan Finance Corporation B.V., a wholly-owned subsidiary of CDRC Holding S.clr.1., will issue the €185.0 million, or approximately $226.3 million, of senior subordinated notes offered hereby. The proceeds of the notes will be lent to several acquiring entities and used to pay a portion of the cash consideration for the Acquisition and related fees and expenses.

• Reorganization. Immediately following completion of the Acquisition, we will enter into a series of internal reorganizations, pursuant to which CDRC Holding S.ar.l., or the Parent, will become the beneficial owner of the entities that compose the Culligan Group. On the Acquisition date, CD&R Fund VI will beneficially own the Parent.

The foregoing acquisition is referred to in this offering memorandum as the ''.Acquisition," and the Acquisition, together with other related transactions, including those described above, are referred to in this offering memorandum as the "Transactions." The issuance of the notes is contingent ulion the closing of the Transactions, including the initial borrowings under our Senior Secured Credit Facility.

The following table demonstrates the expected sources and uses of funds for the Acquisition, assuming $3.1 million of net cash remains with the Culligan Group at the time of the Acquisition.

$ € (in millions) (in millions)

Sources

Multi-currency revolving credit facility(l) .......................... . $ 11.8 € 9.7 Dollar-denominated term loan .................................. . 215.0 175.8 Euro-denominated 8% senior subordinated notes .................... . 226.3 185.0 Proceeds of equity investments .................................. . 200.0 163.5

--Total sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $653.1 €534.0

Uses

Cash consideration .......................................... . $613.l €501.3 Fees and expenses . . ; . . . ·: . ·. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.0 32.7

-- --Total uses ............................................... . $653.1 €534.0

(1) Total facility size of $110.0 million (€89.9 million).

6

373

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- Doc. Ex. 435 -

C1-461

•

•

•

issues while vigorously defending the lawsuit. Nevertheless, it is possible that we may fail to reach agreement with CDANA and that the lawsuit will harm our relationship with these dealers or with our independent Culligan dealers generally.

We are subject to environmental, health and safety laws and regulations.

We are subject, in various jurisdictions, to a broad range of environmental, health and safety laws and regulations, including those governing releases of hazardous substances and the investigation and remediation of contaminated sites. Our failure to comply with environmental laws or environmental

ermits issu~d b)' regulato!}' authorities could result in certain liabilities, including fines and penalties. We are presently, and may in the future be, subject to liability for the investigation and remediation 01) environmental contamination, including contamination caused by other parties, at properties that we} own or operate or that we formerly owned or operated and at other IJro_Rerties~h-~~ we_9r ol!f) red~cessors have arranged for the_ disposal of hazardo~s_!!'?~t~!lcesJ\s a result, we are involved from

time to time in administrative and judicial proceedings and inquiries relating to environmental matters. We could incur material costs related to any present or future investigations and remedial efforts and any present or future environmental liabilities.

We cannot predict what environmental legislation or regulations will be enacted in the future, how existing or future laws or regulations will be administered or interpreted, or what environmental conditions may be found to exist at our facilities or at third party sites for which we are liable. Enactment of stricter laws and regulations, stricter interpretation of existing laws and regulations or the requirement to undertake the investigation or remediation of currently unknown environmental contamination at our own or third party sites may require us to make additional expenditures, some of which could be material.

In connection with the Acquisition, the seller,-Water ApplicationS&-Systems Corporation~\ indemnifying us, subject to certain limitations, for c~rtai!J identifie.g s;Q!!t~mination i§tu~s. Thi§) lin.cl~lllnlty~guaranteed by_ V£olia E'.n~i!<?.~!l~m~!l..!:..,This indemnity only relates to certain identified environmental issues and may not cover future costs we incur on environmental, health and safety claims entirely or at all. It is possible that current or future environmental, health and safety issues will give rise to liabilities that have a material adverse effect on our business, financial condition or results of operations.

Product liability claims or recalls could harm our business.

We may be required to pay for losses or injuries purportedly caused by our products. To date, we have not been subject to any material product liability lawsuits. We could, however, become subject to such suits in the future. Claims could be based on allegations that, among other things, our products are not installed properly, contain defects in design or manufacturing or include inadequate instructions regarding their use or inadequate warnings concerning their functionality, in most cases that result in leaks. In addition, any product-liability claims may result in negative publicity that may adversely affect our net sales. Also, if one of our products is found to be defective we may be required to recall it, which may result in substantial expense and adverse publicity and adversely affect our net sales. Although we maintain product liability insurance coverage, potential product liability claims may exceed the amount of insurance coverage or potential product liability claims may be excluded under the terms of the policy, which could hurt our financial condition. In addition, we may also become required to pay higher premiums and accept higher deductibles in order to secure adequate insurance coverage in the future.

Although we have indemnification rights for certain product liability claims in connection with the · Acquisition, we cannot assure you that an indemnity will be available or applicable to all pending or future claims against us. In addition our ability to recover under indemnification arrangements is subject to the ability of Water Applications & Systems Corporation and Veolia Environnement to pay amounts owing under the indemnity .

28

374

- Doc. Ex. 436 -

C1-462

Operating income before other charges and intangible amortization: North America ............................. . Europe ................................... .

Total ........ ·;-.................... · ...... .

Adjusted EBITDA: North America ............................. . Europe ................................... .

Total ................................... .

Capital expenditures: North America ............................. . Europe ................................... .

Total ................................... .

Corporate History

Unaudited Six Months Ended

Year Ended December 31, June 30,

2001 2002 2003 2003 2004 -- --

(dollars in millions) ~ -~·: .. , ·-··

$ 17.7 $ 17.3 $ 13.7 $ 7.7 $ 10.8 21.7 23.7 35.9 14.4 15.6 -- -- -- -- --

$ 39.4 $ 41.0 $ 49.6 $ 22.1 $ 26.4

$ 42.8 $ 49.9 $ 49.5 $ 25.1 $ 25.2 27.8 27.0 43.9 18.4 20.7 -- -- -- -- --

$ 70.6 $ 76.9• $ 93.4 $ 43.5 $ 45.9

$ 44.7 $ 38.3 $ 30.0 $ 15.2 $ 11.5 9.9 10.0 10.4 4.1 4.2 -- -- -- -- --

$ 54.6 $ 48.3 $ 40.4 $ 19.3 $ 15.7

We have been in the business of manufacturing, selling and licensing water-related products and services in the United States since our inception in 1936. Within ten years of our founding, we had over 230 franchised operations and have grown to over 890 worldwide. We began international operations in 1958 and have expanded operations to 13 countries with distribution to approximately 90 countries.

In June 1998, after nearly three years as a publicly traded company, we were acquired by Water Applications & Systems Corporation (formerly known as United States Filter Corporation), a gl9bal)

rovider of industrial and wastewater treatment systems. In 1999; Water Applications & Systems\ (Corporation was acquired by Veolia Environnement, S.A. (formerly Vivendi Environnement, S.A),al (global provider of environmental, water, wastewater, transportation and energy services, and our) ultimate global parent prior to the Acquisition. In 2003, Veolia began a disposition program involving) several businesses, including our own. In connection with this offering, we will be acquired by CDRC) Holding S.ar.l., or the Parent. CD&R Fund VI bene[c..@!!y owns all of the eguiIT of the Parent. See "Summary-The 'Ifansactions."

Recent Acquisitions & Divestitures

On December 31, 2003, we disposed of our ownership interest in Everpure, Inc. and related subsidiaries for consideration totaling $214.8 million. Everpure manufactures and distributes water filtration products under the Everpure brand for use primarily in the food service industry. On September 30, 2002, we disposed of our ownership interest in Plymouth Products, Inc. and related subsidiaries for consideration totaling $116.5 million. Plymouth manufactures drinking water filtration devices, such as carbon blocks, formerly under the US Filter brand and currently under the Pentek brand, and turf and utility access boxes under the Armor brand. In July 2001, we disposed of our ownership interest in Protean Analytical and Thermal (A&T) for aggregate consideration of $30.8 million. A&T included a laboratory equipment business and a glass business which manufactures and distributes chromatography vials and related products primarily in Europe. Everpure, Plymouth Products and A&T are reflected as discontinued operations in the combined financial statements contained in this offering memorandum for all years presented.

45

375

•

•

•

- Doc. Ex. 437 -

C1-463

- Doc. Ex. 438 -

C1-464

current dispute that was sufficiently developed for adjudication, giving CDANA 30 days to serve an amended complaint if it believed that such facts could be alleged. In addition, the court concluded that the technicalities for associational standing had been sufficiently alleged and that, the litigation could proceed in San Bernardino County based on the presence of some independent Culligan dealers in California. We continue to seek a mutually beneficial resolution with CDANA while vigorously defending the lawsuit. Nevertheless, we may fail to reach an agreement, and the lawsuit may harm our relationship with these dealers or with our independent Culligan dealers generally.

Tripi-Hull Tank Claims

We have been receiving and paying claims intermittently since 2001 relating to problems with our Tripi-Hull tanks that have resulted in property damage from water leakage. We have sold and installed a significant number of products that include these tanks, however, only a very small fraction have claimed any defect. At the current rates of claim, the costs of settlement are not material to our results from operations. Although we have no reason to believe that the rate at which claims are filed will change, it is possible that the rate will increase. If the rate increases substantially, the amount we pay to settle the claims could materially affect our results of operations. As part of the Acquisition, the seller, Water Applications & Systems Corporation, is indemnifying us for claims relating to these tanks, subject to certain limitations. This indemnity covers 50% of the cumulative cost of such claims up to $5,000,000 and 100% of such costs above $5,000,000. Veolia Environnement, parent company of Water Applications & Systems Corporation, is guaranteeing the indemnity, subject to certain limitations.

Other

We are subject from time to time to various litigation and claims arising in the ordinary course of our business. We do not believe that any known litigation or claims pending against us would, if determined in a manner adverse to us, have a material adverse effect on our business, financial condition or results of operations. (AS-pal:T ofthe-Acquisition, theseller, Water Applications &]ystems) prporation, is: inde~ng us f~r certain liti~atio~ n:atters'~e have ide~tifi~d, ,:in~ i~ v_ar~nt. ___

1

• •••

l<:():ri:iP.!iJ'.lX,_:Y.t:()l,i~ ~J:l~<:ll'.l.J:l~:ci:I~J:l!, !l> gl,l!i.1:~I1J~~µtgJh~ .. 1:11<:lt:P:lJllty,,~li(;h .. §'ll!'J~t!<:>. (;~.t:!a:ri:i .. l1J:1:Ut!itjQJ'.l§'.:

69

377

•

•

•

- Doc. Ex. 439 -

C1-465

•

•

•

Stock of such Person or (6) that portion of any Indebtedness of such Person that is Incurred by such Person in violation of the covenant described under "-Certain Covenants-Limitation on Indebtedness" (but no such violation shall be deemed to exist for purposes of this clause (6) if any holder of such Indebtedness or such holder's representative shall have received an Officer's Certificate to the effect that such Incurrence of such Indebtedness does not (or that the Incurrence of the entire committed amount thereof at the date on which the initial borrowing thereunder is made would not) violate such covenant). If any Senior Indebtedness is disallowed, avoided or subordinated pursuant to the provisions of Section 548 of Title 11 of the United States Code or any applicable state fraudulent conveyance law, such Senior Indebtedness nevertheless will constitute Senior Indebtedness.

"Senior Subordinated Indebtedness" means, with respect to the Issuer or any Note Guarantor, the Notes (in the case of the Issuer) or the Note Guarantee of such Person (in the case of such Note Guarantor) and any other Indebtedness of such Person that ranks pari passu with the Notes or such Note Guarantee, as the case may be.

"Significant Canadian Subsidiary" means any Restricted Subsidiary of the Company that is a Significant Subsidiary and is organized under the Jaws of Canada or any province or other political subdivision thereof.

"Significant U.S. Subsidiary" means any U.S. Subsidiary that is a Significant Subsidiary.

"Significant Subsidiary" means any Restricted Subsidiary that would be a "significant subsidiary" of the Company within the meaning of Rule 1-02 under Regulation S-X promulgated by the SEC, as in effect on the Issue Date.

"S&P" means Standard & Poor's Ratings Group, a division of The McGraw-Hill Companies, Inc., and its successors.

"Stated Maturity" means, with respect to any security, the date specified in such security as the fixed date on which the payment of principal of such security is due and payable, including pursuant to any mandatory redemption provision (but excluding any provision providing for the repurchase of such security at the option of the holder thereof upon the happening of any contingency).

"Stock Purchase Agreement" means the stock purchase agreement dated as of July 22, 2004 by) and among Water Applications & Systems Corporation (formerly known as United States Filter) Coq~oration), the ComQany_, Culligan lnterna!i~mal CoJ!!p~l).y~n"d_CulJ~gan Co~oration.)

"Subordinated Obligations" means any Indebtedness of the Issuer (whether outstanding on the date of the Indenture or thereafter Incurred) that is expressly subordinated in right of payment to the Notes pursuant to a written agreement.

"Subsidiary" of any Person means any corporation, association, partnership or other business entity of which more than 50% of the total voting power of shares of Capital Stock or other equity interests (including partnership interests) entitled (without regard to the occurrence of any contingency) to vote in the election of directors, managers or trustees thereof is at the time owned or controlled, directly or indirectly, by (i) such Person or (ii) one or more Subsidiaries of such Person.

"Successor Company" shall have the meaning assigned thereto in clause (i) under "-Merger and Consolidation."

"Tax Sharing Agreement" means the Tux Sharing Agreement, dated as of the Issue Date, among the Issuer, the Company, CDRC Investors, CDRC Worldwide, CDRC International and CDRC Investments, as the same may be amended, supplemented, waived or otherwise modified from time to time in accordance with the terms thereof and of the Indenture.

"Taxes" means all present and future taxes, levies, imposts, deductions, charges, duties and withholdings and any charges of a similar nature (including interest, penalties and other liabilities with respect thereto) that are imposed by any government or other taxing authority .

132

378

- Doc. Ex. 440 -

C1-466

Respondent’s Exhibit H1 Financial Assurance

1 To protect confidential information, policy numbers and Letter of Credit numbers have been

redacted from this exhibit.

- Doc. Ex. 441 -

C1-467

Exhibit H-1 1999-06-28 - Letter from WASCO' s

subsidiary to the Hazardous Waste Section with 1999-06-25 - Memorandum from WASCO

and 1999-06-01 - Certificate of Insurance for Closure or Post-Closure Care

,.

380

•

•

•

- Doc. Ex. 442 -

C1-468

•

•

•

ROSS M. CAMPBELL VICE PRESIDENT, DIRECTOR OF FINANCE

June 28, 1999

Ms, Jennifer W. Lopp Administrative Officer Hazardous Waste Section North Carolina Department of Environment,

Health and Natural Resources Division of Solid Waste Management 401 Oberlin Road Suite 150 Raleigh, North Carolina 27605

RE: Asheville Dyeing & Finishing Plant

Dear Ms. Lopp:

ONE CULLIGAN PARKWAY NORTHBROOK, IL 60062-6209

TELEPHONE 847-205-5876 FACSIMILE 847-205-6050 EMAIL [email protected]

I am the Vice President and Director of Finance ofUSF Consumer and Commercial Group, Inc . ("USFCC") and all of its subsidiaries including Culligan International Company. USFCC is a wholly owned subsidiary of United States Filter Corporation, 40-004 Cook Street, Palm Desert, California 92211. This letter is in support of this firm's use of the Certificate oflnsurance for Post-Closure Care, as specified in subpart H of 40 CFR parts 264 and 265. Please see attachment for the post-closure insurance policy held through our TPA Marsh McClennan with American International Group as specified in Section 264.15l(e).

Very truly yours,

/) / , --tf:.- c;~ Ross M. Campbell Vice President and Director of Finance USF Consumer and Commercial Group, Inc.

Date: l /;t ;/5 'i

381

- Doc. Ex. 443 -

C1-469

Date:

To:

From:

Subject:

Document3

Memorandum

June 25, 1999

Ross Campbell

Karen Kaldenberg

Certificate of Insurance

Ross:

J&H Marsh & McLennan, Inc.

4695 MacArthur Court Suite 700 Newport Beach, , CA 92660 949 399 5807 Fax: 949 399 5969

U.S. Filter Corp - Northbrook, IL

Risk Management

J&HMARSH& MCLENNAN A Marsh & Mclennan Company

Enclosed are two (2) originals and a copy for your file of the Certificate of Insurance for the Closure or Post-Closure Care for the location at 850 Warren Wilson College Road, Swannanoa, NC.

If you have any questions regarding this, please give us a call.

Regards,

Karen Kaldenberg 949 399-5807

382

•

•

•

- Doc. Ex. 444 -

C1-470

•

•

•

Certificate of Insurance for Closure or Post-Closure Care

Name and Address of Insurer: American International Specialty Lines Insurance Company, Harborside Financial Center, 40 l Plaza Three, 4111 Floor, Jersey City, NJ 07311 (herein called the "Insurer")

Name and Address of the Insured: United States Filter Corporation, 40-004 Cook Street, Palm Desert, CA 92211 (herein called the "Insured")

Facilities Covered: EPA Identification Number: NCD 070619663 Name: Asheville Dyeing & Finishing Address: 850 Warren Wilson College Road, Swannanoa, NC 28778 Amount oflnsurance for Post-Closure Care: $350,000.00

Face Amount: Policy Number: .... 0

Effective Date: June 1, 1999

The Insurer hereby certifies that it has issued to the Insured the policy of insurance identified above to provide financial assurances for post-closure care for the facilities identified above. The

- Insurer further warrants that such policy conforms in all respects with he requirements of 40 CFR 264.143(e), 264.145(e), 265.143(d) and 265.145(d), as applicable and as such regulations were constituted on the date shown immediately below. It is agreed that any provision of the policy inconsistent with such regulations is hereby amended to eliminate such inconsistency.

Whenever requested by the Secretary, of the Department of Environment and Natural Resources (DENR), the Insurer agrees to furnish to the Secretary a duplicate original of the policy listed above, including all endorsements thereon.

I hereby certify that the wording of this certificate is identical to the wording specified in Section 264.15 l(e) as such regulations were constituted on the date shown immediately below.

,JJ~ Authorized signature for Insurer

Armand Pepin Name

President, Authorized Representative of American International Speciality Lines Insurance Company

Title of Person S1~r . ~~

Signature of witness or notary

t/2.r/11 Date

383

- Doc. Ex. 445 -

C1-471

Exhibit H-2 1999-08-04 - Letter from the Hazardous Waste Section to WASCO's subsidiary

384

•

•

•

- Doc. Ex. 446 -

C1-472

August4, 1999

Ross M. Campbell Vice President - Director of Finance USF Consumer & Commercial One Culligan Parkway Northbrook, IL 60062-6209



RE: Asheville Dyeing & Finishing Plant - NCD 070 061 663

Dear Mr. Campbell:

I have reviewed the certificate of insurance for post-closure care dated June 25, 1999 and have found it to be in compliance with financial requirements.

Also, I wanted you to know that I appreciate your efforts in keeping me updated with the latest changes regarding your facility.

If you have any questions, you may contact me at 919/733-2178 extension 217.

<;J;i-~ Jenny W. Lopp Financial Program Coordinator Hazardous Waste Section

[Ashdye99.JWL]

385·· 401 OBERLIN ROAD, SUITE 150, RALEIGH, NC 27605

PHONE 919-733-4996 FAX 919-715-3605

AN EQUAL OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER• 50% RECYCLED/I 0% POST-CONSUMER PAPER

- Doc. Ex. 447 -

C1-473

Exhibit H-3 2000-08-29 - Letter from the Hazardous Waste Section to WASCO's subsidiary

386

•

•

•

- Doc. Ex. 448 -

C1-474

".":-:

August 29, 2000

Ross M. Campbell



Vice President - Director of Finance USF Consumer & Commercial One Culligan Parkway Northbrook, IL 60062-6209

RE: Inflation Adjustment for Letter of Credit -Asheville Dyeing & Finishing Plant NCD070 061 663

Dear Mr.Campbell:

This letter is to inform you that our office has not received documentation to demonstrate that your facility has complied with 40 CFR 264. l 44(b ), "\\£i~ states that an owners or operators must adjust the post-closure cost estimate for inflation within 60 days prior to the anniversary date of the establishment of the financial instrument(s) used to comply with the financial assurance requirements. As you know, your facility has chosen the certificate of insurance to comply with these requirements. The anniversary date of the certificate of insurance is June 1, 1999. Ther~fore, this mechanism should have been adjusted for inflation on or before June 1, 2000. The inflation factor for 1999 is 1.015. Documentation demonstrating that your facility has complied with financial assurance requirements should be submitted to the Hazardous Waste Section on or before September 22, 2000. In the future you may obtain the inflation factor by contacting myself or Elizabeth Sawyer of the EPA at 404/347-7603.

If you have any questions regarding this matter, you may contact me at 919/73 3 3-·2178 extension 217.

ncerely, :lfr ~ JennyW. opp Financial Program Coordinator Hazardous Waste Section

[ AshdyeOO.JWL) lilJii •••••••

1646. MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27~99-1646

387 401 OBERLIN ROAD, SUITE 150~ RALEIGH, NC 27605

PHONE 919-733-4996 FAX 919·715-3605

AN EQUAL OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER - SOo/o RECYCLED/1 Oo/o POST-CONSUMER PAPER

- Doc. Ex. 449 -

C1-475

Exhibit H-4 2000-10-11 - Fax from WASCO to the

Hazardous Waste Section with 2000-06-01to2001-06-01 - Certificate of Insurance for Closure or Post-Closure Care

388

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• '

- Doc. Ex. 450 -

C1-476

• "·'t'

• Date:

To:

Company:

From:

Sub.feet:

•

• Doeu:mtint3

Facsimile Transmittal Sheet

Marsh Rislc & Insurance Services - ·, 469~ MacArthur Court, Suite 700 · Newport Beach, CA 92660 Phone: 949 399 5807 Fa.x: 949 399 5969 California License No. 043 7153

MARSH An MMC Company

October 11, 2000 Pages, with cover: 2

Jenny Lopp Fax: 919 715 3605

Environment-al Protection Agency

Karen Kaldenberg

United States Filter Corporation - EPA ID# NCD070619663

Jenny:

With respect to our telephone conversation of this morning, enclosed is the renewal Certificate of Insurance for the project that United States Filter Corporati.on is doing at the Asheville Dyeing & Finishing facility in Swannanoa, NC.

As discussed with Kirk Pollard at Mid Atlantic Associates, the limit of liability will remain at S350,000 for this Post Closure project.

Please review this Certificate, and if you have any questions or concerns, please don't hes1tate to give me a call


cc: Kirk Pollard, Mid Atlantic Associates1 FAX 919 250-9950 Jason Potnick, USFilter Corp FAX 847 205-6030

The information contained in this facsimile message is confuientia.l, may be privileged, and ts inte1lded far the use of the individual or e1t1tt;1 named abo\.'e. lf you, the reader of this message, are 71ot the intended recipient, the agent, or employee responsible for delivering this transmissiori to the i'ntended ,.ecipient, you are expressly prohibited from copying, disseminating, distributing, or in any other way using (m;1 of the infarmatlo11 con rained in this facsimile message.

389

- Doc. Ex. 451 -

C1-477

oq , 1J . 2@00 11 : '..::3AM J&H MARSH & MCLrnt'lAN ( 949) 3995969 H0.423


Nrune and Address of Insurer: American I.ntemational Specialty Lines Insurance Company, HarborEiide Financial Center, 401 Plaza Three, 4tl1 Floor, Jersey City, NJ 07311 (herein called the "Insuret')

Name and Address.ofthe ln~ured: United States Filter Corporatio~ 40..004 Cook Su,eet, Palm Desert. CA 92211 (hei-ein called the "Insured',)

Facilities Cove1·ed:

Face Amount: Policy Number: Effective Date: Expiration Date:

EPA Identifioation Number: l'{CD 070619663 Name: Ai;iheville Dyeing & Finishing Address: 850 Watren Wilson College Road, Swimnanoa, NC 28778

- ·Amount oflnsurancefor-Post-Closure€are: $350,000.00

.. 0

Jup.e 1, 2000 June 1, 2001

The Insurer hereby certifies that it has issued to the Insured the policy of insurance identified above to provide financial assurances for post-closure care for the facilities identified above. The Insurer further warrants that Si.Joh policy conforms in all respects with he requirements of 40 CFR 264.143(e), 264.145(e), 265.143(d) and 265.145(cl), as applicable and as such regulations were constituted on the elate shown immediately below. It is agteed that any provision of the policy inconsistent with such-regulations is hereby amended to eliminate a.uch inconsistency,

Whenever requested l;>y the Secretary, of the Department of Environment and Natural ~sources (DE1'TR.), the Insurer agrees to furnish to the Secretary a duplicate original of the policy listed above, including all endorsements thereon.

I hereb certify that the wording of this certificate is identical to the wording specified in Section 264 l(e) as su gulations were constituted on the date shown immediately below.

Armand Pepin ~ame

President~ Authorized Ri:presentatixe of American International Speciality Lines Insurance C.ompany Title of Person Signing· · ...

ture of witness or notary

ID/1t f l!O Date

390.

•

•

- Doc. Ex. 452 -

C1-478

•

•

•

Exhibit H-5 2000-10-11 -Fax from the Hazardous

Waste Section to WASCO

391

- Doc. Ex. 453 -

C1-479

October 11, 2000

Jason Pontnack cf. FAX# 208/485-0616

Dear Mr. Pontnack,

_fWl . Date # of pages Post;:::) 'lJ Fax Note R7673 /U ~!/-OU N

To ..::::rc::soYl 1t:J (if 11·0.e,L

Fax:Zo~ /'-ff S - O(o ! .h

Please be advised that the post-closure certificate of insurance has not been updated for inflation ( 40 CFR 264 .144 (b). This inflation adjustment was due June 1, 2000. Your current certificate is in the amount of $350,000. You must apply the 1999 deflator of 1.015 to your most recent cost estimate (this includes any additional costs as well) to arrive at the "adjusted post-closure cost estimate."

If you have questions, you may contact me at 919/73 3-2178 extension 217.

. &ely, A 2' Je y:ipp . Financial Program Coordinator Hazardous Waste Section

[ADyeOO.JWL]

392

•

•

•

- Doc. Ex. 454 -

C1-480

•

•

•

Exhibit H-6 2000-10-18 - Letter from the Hazardous


393

- Doc. Ex. 455 -

C1-481

... ,::-. ...

·,.-·'BILL 'HOLMAN

i<' SEFRETARY

. ~.'" ~ r J,ft\.··;_ ~· .•• !" ..• f::;. WILLIAM 1";<MEYER .: ..

\. DIRECTO'~ . ·~-

~ ... ;·

/\:."' c. ..

f.

t'. .. {&::~. ""-'"'"·

.• .. ··

~':::~;~<···~~ ·. ·.. ..-~. :·~, .. ,...; .. ~.·.<?

fi":" ",·::.:"•:'"· ... .-~~··

~. : ;

t: ..

October 18, 2000

Mr. Jason Pontnack United State Filter Corporation 2375 Sanders Road . Northbrook, IL 60062-6209

: \.



RE: Certificate of Insurance -Asheville Dyeing and Finishing NCD 070 619 663

Dear Mr. Pontnack:

I have reviewed the certificate of insurance submitted to our office October 11, 2000 and have found it to be in compliance with financial requirements. If you have questions, you may contact me at 919/733-2178 extension 217.

cc: Kirk Pollard

(lAdyeOO.JWL)

•

•

Hile ••••••• t 646 MA.IL SERVICE CENTER, RALEIGH, NORTH CAROLINA. 27699-1646

394 401 OBERLIN ROAD, SUITE tSO, RALEIGH, NC 27605

PHONE 919-733-4996 FAX 919·7t5-3605

AN EQUAL OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER - so% RECYCLEDllOo/o POST-CONSUMER PAPER

- Doc. Ex. 456 -

C1-482

•

•

•

Exhibit H-7 2001-04-26- Letter from the Hazardous


395

- Doc. Ex. 457 -

C1-483



Michael F. Easley, Governor William G. Ross Jr., Secretary William L Meyer, Director

REMINDER NOTICE

Mr. Jason Pontnack United State Filter Corporation 2375 Sanders Road Northbrook, IL 60062-6209

April 26, 2001

.~ .. ;~ ~·· _.,. ..

n ,,,;~

NCDENR

RE: Certificate oflnsurance for Post-Closure - Asheville Dyeing & Finishing Plant NCD 070 061 663

Dear Mr. Pontnack:

•

Please be advised that the post-closure certificate of insurance must be updated for inflation ( 40 • CFR 265.144(b)). Your current certificate is in the amount of $350,000. You must apply the 2000 deflater of 1.021 to your most recent cost estimate to arrive at the "adjusted post-closure cost estimate." Documentation demonstrating that inflation adjustment has been made is due on or before June 1, 2001.

If you have questions, you may contact me at 919/733-2178 extension 217.

s· rely, /}

, 1V~ ;jf ,Jto/t ./ U Jl.v · Jedny W. Lopp

~/ . . Fmanc1al Program Coordmator Hazardous Waste Section

cc: Kirk Pollard

[AdyeOI.JWL)

• 1646 Mail Service Center, RSlJt;.Wi. North Carolina 27699-1646 Phone: 919-733-4996 \ FAX: 919.jUtl605 \ Internet: www.enr.state.nc.us

. AN EQUAL OPPORTUNITY\ AFFIRM.A TIVE ACTION EMPLOYER- 50% RECYCLED/ 10% POST CONSUMER PAPER

- Doc. Ex. 458 -

C1-484

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Exhibit H-8 2001-05-25 -Fax from WASCO to the

Hazardous Waste Section with 2001-06-01 to 2002-06-01 - Certificate of Insurance for Closure or Post-Closure Care

397

- Doc. Ex. 459 -

C1-485

Date:

To:

Company:

From:

Subject:

Facsimile Transmittal Sheet

Marsh Risk & Insurance Services 4695 MacArthur Court, Suite 700 Newport Beach, CA 92660 Phone: 949 399 5807 Fax: 949 399 5969 California License No. 0437153

MARSH An MMC Company

May 25, 2001 Pages, with cover: 2

Jenny Loop Fax: 919 715 3605

Environmental Protection Agency

Karen Kaldenberg

United States Filter Corporation - EPA ID#NCD070619663

Jenny:

Enclosed is the June 1, 2001 renewal of the Certificate of Insurance for the project that United States Filter Corporation is doing at the Asheville Dyeing & Finishing facility in Swannanoa, NC.

I will mail the original to your address at

N011h Carolina Department of Environment and Natural Resources 1646 Mail Service Center Raleigh, NC 27699-1646

If you have any questions, please give me a call.


cc: Kirk Pollard, Mid Atlantic Associates, FAX 919 250-9950 Jason Potnick, USFilter Corp, FAX 815 877-0856

The i11for111atio11 co111ai11ed i11 this facsimile message is co11fide11/ial, may be pri1•ileged, and is i111e11dedfor the 11se of Jlte

•

•

i11dil'id11al or elllity named above. ~fyo11, the reader of this message, are 11ot the intended recipie11t, the age11t, or employee • responsible for delivering this tra11smissio11 to the intended recipient, you are express!)' prohibited from copyi11g, disse111i11ati11g, disrribrlling, or in any other way using any of the il1formatio11 comained i11 tlrisfacsimife message.

398

- Doc. Ex. 460 -

C1-486

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Name and Address of Insurer: American International Specialty Lines Insurance Company, Harborside Financial Center, 401 Plaza Three, 41

" Floor, Jersey City, NJ 07311 (herein called the "Insurer")

Name and Address of the Insured: United States Filter Corporation, 40-004 Cook Street, Palm Desert, CA 92211 (herein called the "Insured")

Facilities Covered:


EPA Identification Number: NCO 070619663 Name: Asheville Dyeing & Finishing Address: 850 Wan·en Wilson College Road, Swannanoa, NC 28778 Amount of Insurance for Post-Closure Care: $350,000.00

The Insurer hereby cenifies that it has issued to the Insured the policy of insurance identified above to provide financial assurances for post-closure care for the facilities identified above. The Insurer further warrants that such policy conforms in all respects with h~ requirements of 40 CFR 264.143(e), 264.145(e), 265.143(d) and 265.145(d), as applicable and ~s such regulations were constituted on the date shown immediately below. It is agreed that any provision of the policy inconsistent with such regulations is hereby amended to eliminate such inconsistency.

Whenever requested by the Secretary, of the Department of Environment and Natural Resources (DENR), the Insurer agrees to furnish to the Secretary a duplicate original of the policy listed above, including all endorsements thereon.

I hereby certify that the wording of this certificate is identical to the wording specified in Section 264.15 l(e) as such regulations were constituted on the date shown immediately below.

'°~~~~ Authorized signature for Insurer

Armand Pepin Name

President. Authorized Representative of American International Speciality Lines Insurance Company Title of Person Signing

5· 24-1>/ Date

399

- Doc. Ex. 461 -

C1-487



400

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- Doc. Ex. 462 -

C1-488

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t' •. 1

l North Carolina Department of Environment and Natural Resources


Michael F. Easley, Governor William G. Ross Jr., Secretary William L Meyer, Director

June 8, 2001


RE: Certificate oflnsurance - Asheville Dyeing and Finishing . NCD 070 619 663

Dear Mr. Pontnack:

A~,;~ ~·· ___ .. ,, .. . - ,;~

NCDENR

I have reviewed the certificate of insurance submitted to·our office dated May 25, 2001 and have found it to be in compliance with financial requirements .

Please note that the first paragraph contained a typographical error. The word "he" should read "the." This error should be corrected in next year's submittal. If you have questions, you may contact me at 919/733-2178 extension 217.

;r;:~~ x~ ~)w.liopp Financial Program Coordinator Hazardous Waste Section

[IAdyeOI.JWL]

1646 Mail Service Center, R4~l· North Carolina 27699-1646 Phone: 919-733-4996 \FAX: 919-715-3605 \ Internet: www.enr.state.nc.us

AN EQUAL OPPORTIJNITY \AFFIRM.A TIVE ACTION EMPLOYER- 50% RECYCLED/ 10% POST CONSUMER PAPER

- Doc. Ex. 463 -

C1-489



402

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- Doc. Ex. 464 -

C1-490

403

- Doc. Ex. 465 -

C1-491

Exhibit H~ 11 2002-06-01 to 2003-06-01 - Certificate of Insurance for Closure or Post-Closure Care

404

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•• --

- Doc. Ex. 466 -

C1-492

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Name and Address of the Insurer: American International Specialty Lines Insurance Company, Harborside Financial Center, 401 Plaza Three, 4th Floor, Jersey City, NJ 07311 (herein called the "Insurer")

Name and Address of Insured: United States Filter Corporation, 40-004 Cook Street, Palm Desert, CA 92211 (herein called the "Insured"):

Facilities Covered:


EPA Identification Number: NCD 070619663 Name: Asheville Dyeing & Finishing Address: 850 Warren Wilson College Road, Swannanoa, NC 28778 :Amount oflnsurance for Post-Closure Care: $357,700.00 ... June 1, 2002 June 2, 2003

The insurer hereby certifies that it has issued to the Insured the policy of insurance identified above to provide financial assurance for post-closure for the facility. The insurer further warrants that such policy conforms in all respects with the requirements of 40 CPR 264.143(e), 264.145(e), 265.143(d), and 265.145(d), as applicable and as such regulations were constituted on the date shown immediately below. It is agreed that any provision of the policy inconsistent with such regulations is hereby amended to eliminate such inconsistency .

Whenever requested by the Secretary, of the Department of Environmental and Natural Resources (DENR), the Insurer agrees to furnish to the Secretary a duplicate original of the policy listed above, including all endorsements thereon.

I hereby certify that the wording of this certificate is identical to the wording specified in Section 264.151(e) as such regulations were constituted on the date shown immediately below.

Authorized Signature of Insurer

Armand Pepin Name

President, Authorized Representative of American International Specialty Lines Insurance Company Title of Person Signing

Signature of Witness or Notary

Date 0<'6 {t>c;( D;}

405

- Doc. Ex. 467 -

C1-493



406

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- Doc. Ex. 468 -

C1-494

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Michael F. Easley, Governor William G. Ross Jr., Secretary Dexter R. Matthews, Director

June 6, 2002


Dear Mr. Pontnack:

&~A -·;~~ 0 ED .;'.----.

NCDENR

Please be reminded that documentation demonstrating that the certificate of insurance used for post-closure care has been adjusted for inflation was due on June 1, 2002. The 2001 inflation factor that should be used is 1. 022.

If you have questions, please contact me at 919/733-2178 extension 220 .

(j~;itlf°'f Waste Management Analyst Hazardous Waste Section

[ADyeing02.JWL]

1646 Mail Service Center, R4Qsl, North Carolina 27699-1646 Phone: 919-733-4996 \ FAX: 919-715-3605 .\ Internet: www.enr.state.nc.us

AN EOT.TAL OPPORTUNITY\ AFFIRMATIVE ACTION El\·IPLOYER. 50% RECYCLED I 10% POST CONSUMER PAPER

- Doc. Ex. 469 -

C1-495

•

Exhibit H-13 2003-06-02 - Trust Agreement

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• 408

- Doc. Ex. 470 -

C1-496

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"":i '\'31415181> ;,.: o" v~

0>" % I~ t-l. ~Carolina ,nrf> ~ © l>>- ,'.;\_'(, I\) ,n .,.1.w> N <r ",, ~

264.151 Wording of the instruments. ct;c!' ,,.'-s'.:'.~;),f\ ~

(a) (l) A trust agreement for a trust fund, as specified in Sections 264.1 < "Bl a..4!.~ 264.145(a) or Sections 265.143(a) or 265.145(a) of this chapter, must be worde €-azs't follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:

Trust Agreement

Trust Agreement, the "Agreement," entered into as of June 2, 2003 by and between United States Filter Corporation, a Delaware corporation, the "Grantor," and Wells Fargo Bank, National Association, the "Trustee."

Whereas, the Department of Environmental and Natural Resources, "DENR," an agency of the State of North Carolina, has established certain regulations applicable to the Grantor, requiring that an owner or operator of a hazardous waste management facility shall provide assurance that funds will be available when needed for closure and/or post-closure care of facility,

Whereas, the Granter has elected to establish a trust to provide all or part of such financial assurance for the facilities identified herein,

Whereas, the Granter, acting through its duly authorized officers, has selected the Trustee to be the trustee under this agreement, and the Trustee is willing to act as truste$- .9

Now, therefore, the Grantor and the Trustee agree as follows;

Section 1. Definitions. As used in this Agreement: (a) The term "Grantor" means the owner or operator who enters into this

Agreement and any successors or assigns of the Grantor. (b) The term "Trustee" means the Trustee who enters into this Agreement and

any successor Trustee.

Section 2. Identification of Facilities and Cost Estimates. This Agreement pertains to the facilities and cost estimates identified on attached Schedule A [on Schedule A, for each facility list the DENR identification Number, name, address, and the cunent closure and/or post-closure cost estimates, or portions thereof, for which financial assurance is demonstrated by this Agreement].

Section 3. Establishment of Fund. The Granter and the Trustee hereby establish a trust fund, the "Fund," for the benefit of DENR. The Grantor and the Trustee intend that no third party have access to the Fund except as herein provided. The Fund is established initially as consisting of the property, which is acceptable to the Trustee,

409

- Doc. Ex. 471 -

C1-497

described in Schedule B attached hereto. Such property and any other property subsequently transferred to the Trustee is referred to as the Fund, together with all earnings and profits thereon, less any payments or distributions made by the Trustee pursuant to this Agreement. The Fund shall be held by the Trustee, IN TRUST, as hereinafter provided. The Trustee shall not be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the Grantor, any payments necessary to discharge any liabilities of the Grantor established by DENR.

Section 4. Payment for Closure and Post-Closure Care. The Trustee shall make payments from the Fund as the Secretary of the Department of Environmental and Natural Resources (the "Secretary") shall direct, in writing, to provide for the payment of the costs of closure and/or post-closure care of facilities covered by this Agreement. The Tmstee shall reimburse the Grantor or other persons as specified by the Secretary from the Fund for closure and post-closure expenditures in such amounts as the Secretary shall direct in writing. In addition, the Trustee shall refund to the Grantor such amounts as the Secretary specifies in writing. Upon refund, such funds shall no longer constitute part of the Fund as defined herein.

Section 5. Payments Comprising the Fund. Payments made to the Trustee for the Fund shall consist of cash or securities acceptable to the Trustee.

Section 6. Trustee Management. The Trustee shall invest and reinvest the principal and income of the Fund and keep the Fund invested as a single fund, without distinction between principal and income, in accordance with general investment policies and guidelines which the Grantor may communicate in writing to the Trustee from time to time, subject, however, to the provisions of this Section. In investing, reinvesting, exchanging, selling, and managing the Fund, the Trustee shall discharge.his duties with respect to the trust fund solely in the interest of the beneficiary and with the care, skill, prudence, diligence under the circumstances then prevailing which persons of prudence, acting in a like capacity and familiar with such matters, would use in the conduct of an enterpri~e of a like character and with like aims; except that:

CJ) ~ Securities or other obligations of the Grantor, or any other owner or

operator of the facilities, or any of their affiliates as defined in the Investment Company Act of 1940, as amended, 15 U.S.C. 80a-2(a), shall not be acquired or held, unless they are securities or other obligations of the Federal or a State government;

qM The Trustee is authorized to invest the Fund in time or demand deposits of the Truste_e, to the extent insured by an agency of the Federal or State government; and

(_j;,) ( c) The Trustee is authorized to hold cash awaiting investment or distinction

uninvested for _..are a reas<;mable time and without liability for the payment of interest h ~1t:'n1 ::rF~ t ereon. -> "'"v.M' ;;e r.,J",...,, f..j{ .. , ,..

Section 7. Commingling and Investment. The Trustee is expressly authorized in it discretion:

410

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- Doc. Ex. 472 -

C1-498

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(a) To transfer from time to time any or all of the assets of the Fund to any common, commingled, or collective trust fund created by the Trustee in which the Fund is eligible to participate, subject to all of the provisions thereof, to be commingled with the assets of other trust participating therein; and

(b) To purchase shares in any investment company registered under the Investment Company Act of 1940, 15 U.S.C. 80a-l et seq., including one which may be created, managed, underwritten, or to which investment advice is rendered or the shares of which are sold by the Trustee. The Trustee may vote such shares in its discretion.

Section 8. Express Powers of Trustee. Without in any way limiting the powers and discretions conferred upon the Trustee by the other provisions of this Agreement or by law, the Trustee is expressly authorized and empowered:

(a) To sell, exchange, convey, transfer, or otherwise dispose of any property held by it, by public or private sale. No person dealing with the Trustee shall be bound to see to the application of the purchase money or to inquire into the validity or expediency of any such sale or other disposition;

(b) To make, execute, acknowledge, and deliver any and all documents of transfer and conveyance and any and all other instruments that may be necessary or

· appropriate to carry out the powers herein granted;

(c) To register any· securities held in the Fund in its own name or in the name of a nominee and to hold any security in bearer form or in book entry, or to combine certificates representing such securities with certificates of the same issue held by the Trustee in other fiduciary capacities, or to deposit or arrange for the deposit or arrange for the deposit of such securities in a qualified central depository even though, when so deposited, such securities may be merged and held in bulk in the name of the nominee of such depositary with other securities deposited therein by another person, or to deposit or arrange for the deposit of any securities issued by the United States Government, or any agency or instrumentality thereof, with a Federal Reserve bank, but the books and records of the Trustee shall at all times show that all such securities are part of the Fund;

(d) To deposit any cash in the Fund in interest-bearing accounts maintained or savings certificates issued by the Trustee, in its separate corporate capacity, or in any other banking institution affiliated with the Trustee, to the extent insured by an agency of the Federal or State government; and

(e) To compromise or otherwise adjust all claims in favor of or against the Fund.

Section 9. Taxes and Expenses. All taxes of any kind that may be assessed or levied against or in respect of the Fund and all brokerage commissions incurred by the Fund shall be paid from the Fund. All other expenses incurred by the Trustee in connection with the administration of this Trust, including fees for legal services

411

- Doc. Ex. 473 -

C1-499

rendered to the Trustee, the compensation of the Trustee to the extent not paid directly by the Grantor, and all other proper charges and disbursements of the Trustee shall be paid from the-Fund.

Section 10. Annual Valuation. The Trustee shall annually, at least 30 days prior to the anniversary date of establishment of the Fund, furnish to the Grantor and to the appropriate Secretary a statement confirming the value of the Trust. Any securities in the Fund shall be valued at market value as of no more than 60 days prior to the anniversary date of establishment of the Fund. The failure of the Grantor to object in writing to the Trustee within 90 days after the statement has been furnished to the Grantor and the

• Secretary shall constitute a conclusively binding assent by the Grantor, barring the , , Grantor from asserting any claim or liability against the Trustee with respect to maters 'lrn uY-0°disclosed in the statement.

Section 11. Advice of Counsel. The Trustee my from time to time consult with counsel, who may be counsel to the Grantor, with respect to any question arising as to the construction of this Agreement or any action to be taken hereunder. The Trustee shall be fully protected, to the extent permitted by law, in acting upon the advice of counsel.

Section 12. Trustee Compensation. The Trustee shall be entitled to reasonable compensation for its services as agreed upon in writing form time to time with the Grantor.

Section 13. Successor Trustee. The Trustee may resign or the Grantor may replace the Trustee, but such resignation or replacement shall not be effective until the Grantor has appointed a successor trustee and this successor accepts the appointment. The successor trustee shall have the same powers and duties as those conferred upon the Trustee hereunder. Upon the successor trustee's acceptance of the appointment, the Trustee shall assign, transfer, and pay over to the successor· trustee the funds and properties then constituting the Fund. If for any reason the Grantor cannot or does not act in the event of the resignation of the Trustee, the Trustee may apply to a court of competent jurisdiction for the appointment of a successor trustee or for instructions. The successor trustee shall specify the date on which it assumes administration of the trust in a writing sent to the Grantor, the Secretary, and the present Trustee by certified mail 10 days before such change becomes effective. Any expenses incurred by the Tmstee as a result of any of the acts contemplated by this Section shall be paid as provided in Section 9. f

Section 14. Instructions to the Trustee. All order, requests, and instructions by the Grantor to the Trustee shall be in writing, signed by such persons as are designated in the attached Exhibit A or such other designees as the Grantor may designate by amendment to Exhibit A. The Trustee shall be fully protected in acting without inquiry in accordance with the Grantor's orders, requests, and instructions. All orders, requests, and instructions by the Secretary to the Trustee shall be in writing, signed by the Secretary, or his designee, and the Trustee shall act and shall be fully protected in acting in accordance with such orders, requests, and instructions. The Trustee shall have the

412

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- Doc. Ex. 474 -

C1-500

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right to assume, in the absence of written notice to the contrary, that no event constituting a change or a termination of the authority of any person to act on behalf of the Granter or Department hereunder has occurred. The Trustee shall have no duty to act in the absence of such orders, requests, and instructions :from the Grantor and/or Department, except as provided for herein.

Section 15. Notice of Payment. The Trustee shall notify the Department of payment to the trust fund, by certified mail within then (10) days following said payment to the trust fund. The notice shall contain the name of the Grantor, the date of payment, the amount of payment, and the current value of the trust.

Section 16. Amendment of Agreement. This Agreement may be amended by an instrument in writing executed by the Grantor, the Trustee, and the appropriate Secretary, or by the Trustee and the appropriate Secretary ifthe Grantor ceases to exist.

Section 17. Irrevocability and Termination. Subject to the right of the parties to amend this Agreement as provided in Section 16, this Trust shall be irrevocable and shall continue until terminated at the written agreement of the Granter, the Trustee, and the Secretary, or by the Trustee and the Secretary, if the Grantor creases to exist. Upon termination of the Trust, all remaining trust property, less final trust administration expenses, shall be delivered to the Grantor.

Section 18. Immunity and Indemnification. The Trustee shall not incur personal liability of any nature in connection with any act or omission, made in good faith, in the administration of this Trust, or in carrying out any directions by the Granter or the Secretary issued in accordance with this Agreement. The Trustee shall be indemnified and saved harmless by the Granter or from the Trust Fund, or both, :from and against any personal liability to which the Trustee may be subjected by reason of any act or conduct in its official capacity, including all expenses reasonably incurred in its defense in the event the Grantor fails to provide such defense.

Section 19. Choice of Law. This Agreement shall be administered, construed, and enforced according to the laws of the State of North Carolina.

Section 20. Interpretations. As used in this Agreement, words in the singular include the plural and words in the plural include the singular. The descriptive headings for each Section of this Agreement shall not affect the interpretation or the legal efficacy of this Agreement.

In Witness Whereof the parties have caused this Agreement to be executed by their respective officers duly authorized and their corporate seals to be hereunder affixed and attested as of the date first above written: The parties below certify that the wording of this Agreement is identical to the wording specified in 40 CFR 264.151(a)(l) as such regulations were constituted on the date first above written .

413

- Doc. Ex. 475 -

C1-501

/~,

Signature of Grantor: _:t~_:.:.-::::.·-,~~:::::::::::.;::=::::::::.~::::::::___:::::::::::___::::: Title: Treasurer - /~ Attest: _ _ J,;Ju. __ [Title] \JN~ ~ _ J...;.N::L ~ f,'{4v.._ ~~tJ-..... [Seal]

Signature of Trustee:

Attest: [Title] [Seal]

(2) The following is an example of the certification of acknowledgement which must accompany the trust agreement for a trust fund as specified in Sections 264.143(a) and 264.145(a) or Sections 265.143(a) or 265.145(a) of this chapter. State requirements may differ on the proper content of this acknowledgement.

State of Cak.f-arU-L-L ~

Countyof lw~

Modified for the State of North Carolina

J • • .. e ::££:f\•~:f1 ~ ~ Notary Public - California ~ J ~ Riverside County '

_Ju~. ;4Y~~;:~~~26~2:6l

On this day~ !y, Ztto~ , before me personally came Matthew S. Thomson to me known, who, ~by me duly sworn, did depose and say that he resides at 79-165 Montego Bay Dr., Bermuda Dunes, California, that he is Vice President and Treasurer of United States Filter Corporation, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to such instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order.

414

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- Doc. Ex. 476 -

C1-502

- Doc. Ex. 477 -

C1-503

ALL-PURPOSE ACKNOWLEDGEMENT

State of California }

County of _W_S_ftr\ _ _..,q--=<2-~-=-lf.--':5=----- ss.

On ~U.t\E:_ 2Dt 2J::D3 before me, A · L£f_ ti\ fJ.l.S, /1 fllJf-M1 /Z6/1~_,: personally appear~:rEi 8Ancly QhfrYJ <NOTARY)

L SJGNER1S1

~personally known to me - OR -

~ '"" fi "'~~~~f~1~~~1 "( (/) ~· NOTARY PUBLIC-CALIFORNIA (I)

, Los Angeles Coun~ -1. , 0

, , • • , , , ~! ~~:~ E.x!i~e: March 8, 2006(

[:J--proved--rome on ·tfte-ba-s~~ry evidence to be the personfsj whose namefs-)

· is/-are- subscribed to the within instrument and acknowledged to me that heishe/t-!Tey executed the same in -ltt-s-/her/t+te1-r authorized capacity~, and that by ..fH-s/herf~ir signature(-s)on the instrument the person4), or the entity upon behalf of which the person(s) acted, executed the instrument.

WITNESS my hand and official seal.

OJ-i&oo NOT.~RY'S SIGNATL;RE

----------OPTIONAL INFORMATION---------The information below is not required by Jaw. However, it could prevent fraudulent attachment of this acknowledgement to an unauthorized document.

CAPACITY CLAIMED BY SIGNER (PRINCIPAL)

D INDIVIDUAL

D CORPORATE OFFICER

D PARTNER(S)

D ATTORNEY-JN-FACT

D TRUSTEE(S)

TITLEtSI

D GUARDIAN/CONSERVATOR

D OTHER: ~~~~~~~~~~~~~

SIGNER IS REPRESENTING: NAME OF PIORSONiSI OR ENTITY(IESI

DESCRIPTION OF ATTACHED DOCUMENT

TITLE OR TYPE OF DOCUMENT

NUMBER OF PAGES

DATE OF DOCUMENT

RIGHT THUMBPRINT

OF

SIGNER

OTHER

.APA 5/99 VALLEY-446 800-362-3369

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- Doc. Ex. 478 -

C1-504

417

- Doc. Ex. 479 -

C1-505

- Doc. Ex. 480 -

C1-506

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Modified for the State of North Carolina

Schedule A

Current Closure and/or Post-closure cost, portions thereof, for which financial assurance is demonstrated by this agreement:

Facility

Asheville Dyeing and Finishing

DENR I.D. #

NCD070619663

Name and Address Amount

Asheville Dyeing & $375,136.68 Finishing 850 Warren Wilson Road Swannanoa, NC 28788

419

- Doc. Ex. 481 -

C1-507

Schedule B

Account Information:

Account Number assigned to this standby trust agreement:

Amount of Deposit into this standby trust agreement: Standby Letter of Credit No.- issued in favor of North Carolina Dept. of Environment and Natural Resources for an amount of up to $375,136.68

Type of mechanism(s) that wil'~osited into this account if applicable: Standby Letter of Credit No.~th Societe Generale

Bank/branch location for the issuing institution for this standby trust agreement.

Bank/branch Name: Wells Fargo bank, N.A. Location address: 707 Wilshire Blvd. 17th Floor City & state: Los Angeles, CA 90017

Contact person at Bank who will be responsible for information/questions regarding this standby trust agreement.

Name: Sandy Chan Title: Vice President Phone No: 213-614-5854

420

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- Doc. Ex. 482 -

C1-508

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.: ~

\.. }

EXHIBIT A

The following persons, acting singly or collectively, shall have the right to issue instructions to the Trustee pursuant to Section 14 of the Agreement:

NAME

(

Robert LaBoube f _ C\ "tN?:

(847) 205-5792 . 7 ~-

421

POSITION Director; Enviromnental, Health and Safety

Director, Risk Management

VP and General Counsel,

VP and Treasurer

- Doc. Ex. 483 -

C1-509

Exhibit A

The following persons, acting singly or collectively, shall have the right to issue instructions to the Trustee pursuant to Section 14 of the agreement:

NAME

John C. Coyne 281-985-5544

Abe Freeland 281-985-5473

Brian J. Clarke 847-332-2170

W. Chris Chisholm 281-985-5419

422

POSITION

Director of Environmental Affairs

Director of Risk Management

VP and General Counsel

VP and Treasurer

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- Doc. Ex. 484 -

C1-510

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Exhibit H-14 2003-06-02 - Irrevocable Standby Letter of Credit

423

- Doc. Ex. 485 -

C1-511

....... . ....... 9Mi.................. ................... .. ................ .. ' ,I 1 - ' ,, .

. , :.

\ ' '

. . . .. _ .... ' - . . - ·,.

SC>CI ETE G·ENERALI; . ~ :· · .. ·: ·:.:· .· \ , :: ,.:· ,'.:. , " 560 LEXINGTON AVENUE 4TH FLOOR

•' • _, : .· ; ' ' :··: :· .:. -·~·: \; . . :· . ' , NEW YORK, NEW YORK 10022" ' ;'. ., -.. '!•. :· ... ·;-:.:a. : " • • l ~ '•, ' '• "

• • " • .. ": I.".; ! ... • ' , •. ~

• 1RR1~vo6,ABu{s~A~D~Y,. L·~ni=i\<?F·c·R~DIT No. -JUNE 2, ·2003.: ,. ·· , .

·~ : .

'NORTH CAROi..iNA bEPARTMENT.OF ENVIRON.MENT AND NATURAL RESOURCES .... :.. ~ ',

DIVISl9N.OF WASTE MANAGEMENT·. . ' · · .HAZARDOUS WASTE SECTION: ·t· ·:. .. ~ ~· ••. · · .. · ._ .. ·

'.,

'.: ....

1646 MAIL: SERVICE CENTER · .. _ ·: ,, RALEIGH, NORTH CAROLINA 2l699~1646. ' · " . . . . ,;

• - • - • . • y, '. • •

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. DEAR SIR OR MADAM: - ' - - .' •. , ' . I ''> • ' •' . ' .. ' '.. ''

, ~ -_ -· ', · \N:E·.H~~EB~ ·~~TABL~s~.~-u~ IR~.E~o~·ABLE sT~NDBY LEJT~.~.o-~ ~~~DIT.NO. lllil IN xoufi FAV~R~ AT THE REQUEST AND FOR THE ACCOUNT OF ASHEVILLE DYEING & FINISHING, 850 WARREN WILSON , ·

, COLLEGE :ROAD, SW ANNANOA, NC, 28778, UP TO THE AGGREGATE AMOUNT_ OF (THREE HUNDRED SIXTY ONE 'THOUSAND SD~ HliND_RED THIRTYFpuR ANQ 1011qa ~NITED STATES DOLLARS) u·s$361,634.70, AVAILABLE · UPON PRESENTATION OF:- · -· . · '·

•. \ ' ~.,: \ . • • • I •, • ~ ··t • ' •. \ ' •;

. ,_ ,··<'1> :; ·vauR.s1GHT:ofiAi=r: BEARING fi.EFERENCETOTH1s LETTERoFcREDiT No .•. •'··AND·,,_., ... ,·-·"'-""· '",,'., ''. ', - · , ·": '' , - · . ' ·;. (2) : :.: ,_YOUR SIGNED.-STATEMENT READING AS FOLLOWS: ·~ ' .. " ' .

'' '

. . "I CERTIFY THAT THEAMOUNT·OF THE DRAFT IS PAYABLE PURSUANT TO REGULATIONS . · . ",, _ . _ · :··1sSUED UNDER AUTHORITY OF THE.RESOURCE.CONSERVATION AND.RECOVERYACT OF ·: .".,. ' .. :· 1976AS.AMENDED.;;:·· .... ,· ' : ; .' ., . - .- . ~. ·. , . · · .. · :

,: . .;. •. l '\.

THIS LETTER oF CREDIT is EFFECTIVE As OF JUNE 2. 2oos AND SHALL ExPiRE o'N JUNE 2. 2oo4, BUT SUCH EXPIRATION DATE SHALL BE AUTOMATICALLY EXTENDED FOR A PERIOD OF ONE YEAR ON JUNE 2, 2004,. AND ON EACH.SUCCESSIVE EXPIRATION bATE, UNLESS; AT.LEAST 120 DAYS BEFORE THE

· CURRENT EXPIRATION DATE, WE NOTIFY BOTH YOU AND ASHEVILLE DYEING AND FINISHING BY CERTIFIED MAIL THAT WE HAVE DECIDED NOT TO EXTEND THIS LETTER.OF CREDIT BEYOND THE CURRENT. EXPIRATION DATE. IN·THE EVENTvou ft.REso Noi1FiEo. ANY.UNUSED P0Ri10N oF:THE CREDIT SHALL BE AVAILABLE

·UPON PRESENTATION OF YOUR SIGHT DRAFT FOR 120 DAYS AFTER THE DATE OF.RECEIPT BY BOTH YOU AND ASHEViLLE DYEING, AND F.INISH'ING, AS SHOWN .ON THE SIGNED.RETURN RECEIPTS. .

l~ • 1 • • ... - - • • • ~~ I 1 ~ ·-. t· • ::_

. : ' . ' .. - \ ' -,~WHENEVER THIS LETTER OF CREo"IT IS DRAWN ON UNDER AN'D IN COMPLIANCE WITH THE TERMS OF THIS CREDIT; WE SHALL· DULY HONOR SUCH DRAFT UPON PRESENTATION TO US, AND WE SHALL

'DEPOSIT.THE AMOUNT OF THE DRAFT Dn=u~CTLY INTO A~YFLJ.ND, TR~$_I,_Q8_0IIJEMC_d<iuN.iQ§_$1GNATED .BY YOU IN ACCORDANCE WITH YOUR INSTRUCTIONS. · . - · ,, · · · .

\ • ~- ... l. . T' ••

' '.,' ' ·w·E CERTIFY THAT TH'E WORDING' OF TH is LETTER OF.CREDIT 'Is IDENTICAL TO THE WORDiNG . -SPECIFIED IN SECTION 264.151(d) AS SUCH REGUlATIONS WERE CONSTITUTED ON THE DATE SHOWN',. IMMEDJATEL y BELOW. - ' I ' ' " ' . > . ' ' ' ' ,,- ' . ' ' ' ' ' ' ' ' .

'- . . . ( .. ··. . ~ . . ' . . . . . .

. . THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND "PRACTICE FOR DOCUMENTARY CREDITS , (1993 REVISI?~;) IN°'.E:~NAil~N.AL .. CHAMBER OF COMMERCE.~ PLJBLIC,A~IO~· NO. 50~'. ..

- ' ·~ . . i ( · ,-'' •.. . • •: ,'. ~ ''·• I,: • ; ';... 1 ';,. l I • • '\ . ~. ~--" ~: . t. ~· - .-~ •• VERY-TRULY YbiJRS,1

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'.c-.•• ' Jeff . reen, A~s~c\at_e. ',. -£r '·

· · .Rita Som~rriba, Analyst

424 .

CLC-510

- Doc. Ex. 486 -

C1-512

•

•

•

Exhibit H-15 2003-07-24 - Irrevocable Standby

Letter of Credit - Amendment No. 1

425

- Doc. Ex. 487 -

C1-513

'.;..,_ .. '·. . . . ~ '· . ... . ; . . . . . ..

' ''· -. ~· · .. SC>Cl,ETE GEN·~·R-AL.E,

.; .- .. : ···-. ~6.0 Lexington Avenue_4rH F_loo.~ . -.. , · . , · .. , · New York, New York 10022 · .. } ...

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.. lr~evocable Standb'y"Letter o(Credit No. Amendment' no .. t .·· -· · · _

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North Carolina Department of Environment·· . - ., .. ~nd Natural Resources .. · · ,, . • Division of·Waste Management -Hazardous Waste Section ·· · · 1646 Mail Ser.lice Center ~aleig~, N.~rth C_~rol.ir:ia ·_ 27699-1646 '. 1 • • ' ·

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· .paragraph 3 '.must now:-r·~ad-~s_ follo'N~:, ·---.. ~' '· ~ .... • •. 1 • : °" .t\.. - t. ' ' t. . i..1\ . \

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. ·"When.ever this Letter of Credit _is drawn on ur:ider ahd in compli~11ce· With the terms of this credit, we shall duly.honor sucti draft. upon presenta~ion to us, and we sflall _deposit the amount of the · draft directly.into:the standby.trust fund of Asheville Dyeing & Finishing in accordance with your .

.. ~_~ inst~ct!~~·"·· ... ~ .. -- . .-_. ~:, ~.t,.· .... ~~,~·i·~'·, .·..... . 1 ~~ ... ~ ·• .··,! .• , •. '::.'~\,. __ ... _ ··:, ,,I .. , • •

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• I • •fr .i. '' '• ~ ' , .t;,,, • _·· All other terms and conditions remain unchanged. · . .. 1., .' ;._, ~ •• f.. • ••

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- .. , · .Societe.Generale ·: '.: ·· · · ·, · · ' ~· ' ' i._ I . ' - • "" • 1·. ..... • • • '·•' •

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CLC-510

- Doc. Ex. 488 -

C1-514

•

•

•



427

- Doc. Ex. 489 -

C1-515

SC>CIETE GENERALE 1221 Av. of the Americas, 8 TH Floor

New York, NY 10020

: irrevocable Standby Letter of Credit No. -Amendment no. 2

North Carolina Department of Environment and Natural Resources Division of Waste Management Hazardous Waste Section 1646 Mail·Service Center Raleigh, North Carolina 27699-1646

Dear Sir or Madam:

January 18, 2005

The captioned Letter of Credit established in your favor has been amended as follows:

Letter of Credit amount is increased by US$5,786.15 to a new amount of US$367,420.85,

All other terms and conditions remain unchanged.

428

CLC-510

Very truly yours_.

Societe Generale · New York Branch

- Doc. Ex. 490 -

C1-516

•

•

•



429

- Doc. Ex. 491 -

C1-517

&!-';~A - ;~_. n:- -n: ---

NCDENR North Carolina Department of Environment and Natural F<esCJurces

Dexfrjr R. ~;larthews, Direc.tor Division of Waste Management

May 17, 2005

John C. Coyne Director - Environmental Affairs Water Applications & Systems Corporation 14950 Heathrow Forest Parkway, Suite 200 Houston, TX 77032

~/~ic;1a2\ F. E2~:;ley, GovE:rnor

\/Vi!liarn G. Floss Jr .. 2.ecrs'.ary

RE: Letter of Credit for Asheville Dyeing & Finishing - NCD 070 619 663

Dear Mr. Coyne:

I have reviewed amendment No. 2 to Letter of Credit No. -reflecting an increase of $5,786.15 and found it to be in compliance with post-closure requirements.

Please note, this letter of credit is due for an inflation adjustment on or before June 2, 2005. The 2004 inflation factor that should be used is 1.021. If you have questions, please contact me at 919/508-8549.

[ADye05 .JWL]

1646 Mail Service Center, Raleigt1. Nonh Carolina 27699-1646 P!xJne 919-733-4996 \ FAX 919-715-3605 \Internet http://wastenotnc.org

•

•

•

- Doc. Ex. 492 -

C1-518

•

•

•

Exhibit H-18 2005-06-03 - Irrevocable Standby Letter of

Credit-Amendment No. 3 (Correction)

431

- Doc. Ex. 493 -

C1-519

:~~ .......................... ~ ~ ......................... ....

SOCIETE GENERALE 1221 Av. of the Americas, a TH Floor

NewYork, NY 10020

Irrevocable Standby Letter of Credit No. Amendment no. 3 (CORRECTION)

North Carolina Department of Environment. and Natural Resources Division of Waste Management Hazardous Waste Section 1646 Mail Service Center Raleigh, North Carolina 27699-1646

Dear Sir or Madam:

June 3, 2005


Letter of Credit amount is increased by US$7,715.83 to anew amount of US$375,136.68.


432

CLC-510

Very truly yours,

. Societe Generale New York Bra~<::~?

~

- Doc. Ex. 494 -

C1-520

•

•

•



433

- Doc. Ex. 495 -

C1-521

)

SOCIETE GENERALE 1221 Av. of the Americas, 8 TH rlocr

New York, NY 10020

Irrevocable Standby Letter of Credit No. Amendment no. 3

North Carolina Department of Environment . and Natural Resources · Division of Waste Management Hazardous Waste Section 1646 Mail Service Center Raleigh, North Carolina. 27699-1646

. Dear Sir or Madam:

· June13, 2005


Letter of Credit amount is increased by US$7,715.83 to a new amount of US$375, 136.68.


Very truly yours,

Societe Generale New;;;F-. /'/ ;(' .·

~ Jeff"Green, Associate

~~ Keith. Stap~V; ·

434

CLC-510

- Doc. Ex. 496 -

C1-522

•

•

•



435

- Doc. Ex. 497 -

C1-523

.......

E~A -- __ •;~ .. C' 'CE.;., __ _

NCDENR Norih Carolina Department of Environment and Natural F<esources

Dexter R. Matihews, Direc:tor

June 15, 2005

John C. Coyne Director-Envirorunental Affairs


Water Application & Systems Corporation 14950 Heathrow Forest Parkway, Suite 200 Houston, TX 77032

RE: Amendment to Letter of Credit - Asheville Dyeing & Finishing NCD 070 619 663

Dear Mr. Coyne:

t·.,·~ichae! F. E2sh~y, Governor

'Ni!liam G. F<oss Jr., 2.ecre'.ary

I have reviewed amendment No. 3 to Letter of Credit No. -reflecting an increase of $7,715.83 and have found it to be in compliance with financial requirements. If you have questions, contact me at 919/508-8549.

r ;ely, {J J ,/

'-+··· '1WS ?O>tlJfJ Je . Lopp J \VO Waste Management Analyst Hazardous Waste Section

[lADyeOS.JWL]

1646 fv1ai! Service Center, Raleigh, North Carolina 27699-"1646 F'!-1one 919-733-4996 \FAX 919-715-3605 \Internet http:/f-wastenotncorg

/'i!\ Lq1.iai t)ppc·filjl\H'i.: ;\ff:t'IT\(i!IV~ .. ~c:i:m !~2f3!;l6 Pnr1!?.d i_:I~ D1::.i1 r.::J1:n;sf; Hi?C)'dEd PCl):-t::r

•

•

•

- Doc. Ex. 498 -

C1-524

•

•

•


Letter of Credit - Amendment Noe 4-

437

- Doc. Ex. 499 -

C1-525

SOCIETE GENERALE(~ 1221 Av. of the Americas, 8TH Floor . . Y ~ -,

· New York, NY 10020 · d > -~J_ . 8-, c;: c·

Irrevocable Standby Letter of Credit No. -Amendment no. 4 · ·

North Carolina Department of Environment and Natural Resources Division of Waste Management Hazardous Waste Section 1646 Mail Service Center Raleigh, North Carolina 27699-1646

Dear Sir or Madam:

August 16, 2006 ·c'c:·

The captioned Letter of Credit established in your favor has been amended as follows: ..

Letter of Credit amount is increased by US$10,503.82 to a new amount of US$385,64050.


438 CLC-510

Very truly yours,

Societe Generals New York Branch

- Doc. Ex. 500 -

C1-526

•

•

•

Exhibit H-22 2006-09-06- Email from John Coyne


439

- Doc. Ex. 501 -

C1-527

- Doc. Ex. 502 -

C1-528

•

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441

- Doc. Ex. 503 -

C1-529

.~····-., ...

Rodney Huerter Director-Environmental Affairs Veolia Water North America

E~A -- __ •;,.L~ n _, __ _

NCDENR

September 8, 2006

14950 Heathrow Forest Parkway Suite 200 Houston, TX 77032

.. .t. •. ,

fviicr1ael F, Easley! c;ove-rnor VVi!iian-1 CJ. Ross Jr.: Secreta1y

RE: Post-Closure Letter of Credit & Schedule A - Asheville Dyeing & Finishing NCD 070 619 663

Dear Mr. Huerter:

•

I have reviewed amendment number 4 to Asheville Dyeing and Finishing's letter of credit dated • August 16, 2006 and have found it to be in compliance with post-closure financial requirements.

Please note the enclosed Schedule A needs to be updated to reflect the new cost estimate ($385,640.50) for post-closure care. [Note: The face amount of your letter of credit must be the same amount identified on the Schedule A.] The updated Schedule A should be completed and submitted to the Hazardous Waste Section on or before October 5, 2006.

If you have questions, you may contact me at 919/508-8549.

·ncer~ly, [)

~ ... ··~-i j A~rJ J yW. op / \. Waste M agement Analyst Hazardous W~ste Section

Enclosure: Schedule A

[ lADye06.JWL]

'1646 Mail Service Center. Raleiah. North Caroiina 27t)99-1646 Phone 919-508-8400 \ Fr\X 919-71~3'2 \Internet http:J/wastenotnc.org

An Equal Opportunity! Affirmativt: A.ctlon Employer- Printed on Dua! Purpose R~1c·yc!td Paper

•

- Doc. Ex. 504 -

C1-530

•

•

•

Exhibit H-24 2006-09-25 - Email from Rodney Huerter


443

- Doc. Ex. 505 -

C1-531

Post-Closure LoC & Schei::!-~<~ille Dyeing & Finishing- NC'~ 0 70 619 663 •. .:<\.;/ . ~ :.~;,'

From: Date: To: Cc:

Subject:

Attachments:

Huerter, Rodney [[email protected]] Sep 25, 2006 10:54 <[email protected]> "Ryan, Dan"<[email protected]> Post-Closure LoC & Sched A - ,l\sheville·:Dyeing §!Fi9ishing).{NCD 0 70 619 663 . . ... ... " .

~Ashv'I Updated Seed A - 25 Sep 06.pdf (20 KB)

Page 1of1

Good morning, Jenny. I have attached the amended Sched A for ADF that reflects the new cost estimate for post-closure care. Per your letter of Sep. 8, 2006, this amendment was required to be completed and submitted to you on or before Oct. 5, 2006.

As we discussed this morning, I am in the process of amending the Exhibit A for the facility as well. Please let me know if you require any add'! information. Thank you for all of your help!

Rodney G. Huerter VWNA Environmental, Health, Safety. & Security 14950 Heathrow Forest Pkwy, Ste. 200, Houston, TX 77032

281-985-5547 (office)/ 936-648-3162 (mobile) [email protected]

Excellence is not an act - it is a habit. Aristotle

Confidentiality Notice: This e-mail and any attachments to it are intended only for the named recipients and may contain confidential information. If you are not one of the intended recipients, please do not duplicate or forward this e-mail message and immediately delete it from your computer. Your assistance in this matter is greatly appreciated and will help to ensure that our lawyers remain gruntled and at a distance, which is how we prefer to keep them. Thank you.

Close Window

444 https://webmail.ncmail.net/cp/ps/Mail/ViewMsgController?d=ncmail.net&fp=INBOX&u=j... 6/1/2007

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- Doc. Ex. 506 -

C1-532

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445

- Doc. Ex. 507 -

C1-533


February 28, 2007


RE: New Guidance Regarding Post-Closure Cost Estimates

Dear Mr. Huerter:

Please find enclosed the North Carolina Hazardous Waste Section's new policy guidance regarding post-closure cost estimates.

If you have questions concerning this guidance please call Bud McCarty at 919/508-8552. Questions regarding financial assurance can be directed to my attention at 919/508-8549.

Arely, A ~JJ . l I 1ffil!ltiJn !/\, 1f ;:r:z= w. Ro;p . Waste Management Analyst Hazardous Waste Section

(ADye07JWL]

•

•

•

- Doc. Ex. 508 -

C1-534

•

•

•

Exhibit H-26 2007-07-09 - Irrevocable Standby Letter of Credit-Amendment No. 5 & Schedule A

447

- Doc. Ex. 509 -

C1-535

iW -MOO *#¥+¥··'·'~\

I

SOCIETE GENERALE

Amendment No. 5 Irrevocable Standby Letter of Credit No.

1221 Av. of the Americas, 8TH Floor New York, NY 10020.


Dear Sir or Madam:


July 9, 2007

. 1. The Letter of Credit amount is increased by US$11,183.57 to a new amount ofUS$396,824.07.


Very truly yours,

·societe Generale, New York

Jeff Green, Associate

448

CLC-510

t

l •

•

l

- Doc. Ex. 510 -

C1-536

•

•

•

., '

Schedule A

EPA Identification Number: NCD 0 7 0 6 1 9 6 6 3

Name of Facility:

Address:

Former Asheville Dyeing And Finishing

850 Warren Wilson College Road Swannanoa, NC 28778

Current Closure Cost Estimate: $NIA

Date of Estimate NIA

Current Post-Closure Cost Estimate: $ 3 9 6, 8 2 4 . 0 7

Date of Estimate: July 9, 2007

449

- Doc. Ex. 511 -

C1-537

Exhibit H-27 2007-07-10 - Letter to the Hazardous

Waste Section from WASCO

450

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•

•

- Doc. Ex. 512 -

C1-538

•

•

•

WATER APPLICATIONS & SYSTEMS CORPORATION

14950 HEATHROWFORESTPARKW AY, SUITE200 HOUSTON, TEXAS 77032

TEL (281) 449-1500 FAX (281) 985-5595

July 10, 2007

Ms. Jenny Lopp N.C. Dept. ofEnvir. & Natural Resources 1646 Mail Service Center Raleigh, NC 27699-1646 Attn: Hazardous Waste Section

Certified Mail "!'lo. 7006 2150 0005 2247 2836

RE: Former Asheville Dyeing & Finishing, Swannanoa; NCD 070619663

Enclosed, please find Amendment No. 5, Irrevocable Standby Letter of.Credit No. - for the subject facility. Also included is an updated Schedule A, which reflects the updated Current Post-Closure Cost Estimate of $396,824.07, estimated as of July 9~2007.

Thank you for all of your assistance .

Sincerely

2 ~~ Rodney G. uerter Director, wironmental Affairs

Attachments

451

- Doc. Ex. 513 -

C1-539

Exhibit H-28 2007-08-15 - Letter to Rodney Huerter

from the Hazardous Waste Section

452

•

•

•

- Doc. Ex. 514 -

C1-540

•

•

•


·~;~ ~·· - __ .. ,, m __ , _ •

NCDENR

August 15, 2007


RE: Amendment to Letter of Credit No.--Asheville Dyeing & Finishing NCD 070 619 663

Dear Mr. Huerter:

I have reviewed the amendment number 5 to letter of credit dated July 9, 2007 along with the updated Schedule A and have found these documents to be in compliance with financial requirements.


·ncerely, J1:: I!~. J

y?l,,pp!V Administrative Officer Hazardous Waste Section

[I Asheville07JWL]

- Doc. Ex. 515 -

C1-541

Exhibit H-29 2008-08-28 - Email to the Hazardous Waste Section from Rodney Huerter

454

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•

•

- Doc. Ex. 516 -

C1-542

•

•

•

From: Hueiter Rodney

To: "jenny lopp@ncmail net"

Cc: "K. Pollard Mineral Springs Environmental"

Subject: Date:

Former Asheville Dyeing & Finishing, Swannanoa; NCO 070619663

Thursday, August 28, 2008 3:26:41 PM Attachments: 20080828161526299.pdf

Hi, Jenny. Hardcopies went out to you in the mail today, but I thought it would be a good idea to provide this electronic back-up as well. Thank you, again, for your assistance!

Rodney G. Huerter Director, Environmental Affairs Veolia Water North America 4760 World Houston Pkwy, Ste 100 Houston, TX 77032

832-300-5719 (office) 713-672-8209 (fax) 936-648-3162 (mobile) Rodney Huerter@yeoljawaterna com

Combien vaut ce que l'on a si l'on ne s'amuse pas? Anthony Dominick Benedetto

Confidentiality Notice: This e-mail and any attachments to it are intended only for the named recipients and may contain confidential information. If you are not one of the intended recipients, please do not duplicate or forward this e-mail message and immediately delete it from your computer. Your assistance in this matter is greatly appreciated and will help to ensure that our lawyers remain gruntled and at a distance, which is how we prefer to keep them. Thank you .

455

- Doc. Ex. 517 -

C1-543

- Doc. Ex. 518 -

C1-544

•

•

•

WASCO, LLC 4760WORLDHOUSTONPARKWAY,SUITE 100

HOUSTON, TEXAS 77032 TEL (832) 300-5719 FAX(713) 672-8209

August 28, 2008

Ms. Jenny Lopp N.C. Dept. of Envir. & Natural Resources 1646 Mail Service Center Raleigh, NC 27699-1646 Attn: Hazardous Waste Section

via Certified Mail

RE: Fgrm~rAshevil le Dyeing&;f inishing;Swannanoa; NCIY070619663'

Enclosed, please find Amendment No. 6, Irrevocable Standby Letter of Credit No. - for the subject facility. Also included is an updated Schedule A, which reflects the updated Current Post-Closure Cost Estimate of $409, 125.62, estimated as of August 19, 2008.

Thank you for all of your assistance.

Sincerely

Director, Environmental Affairs

Attachments

457

- Doc. Ex. 519 -

C1-545


Letter of Credit-Amendment No. 6

458

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•

•

- Doc. Ex. 520 -

C1-546

' . ,SQCIETE GENERALE

Amendment No. 6 . Irrevocable Standby Letter of Credit No.

480 WASHINGTON BLVD JERSEY CITY, N.J. 07310-1900


Dear Sir or Madam: /

The captioned Letter of Credit ,established in your favor has been amended as follows:

AUGUST 25, 2008

1. The Letter of Credit amount is increased by US12,301.55 to a new amount ofUS$409,125.62.


Very truly yours,

Societe Generale

.. /

459

CLC-510

- Doc. Ex. 521 -

C1-547

Exhibit H-32 2008-07-28 to 2008-09-08 - Internal corporate

email chain re WASCO financial assurance

460

•

•

•

- Doc. Ex. 522 -

C1-548

•

•

•

From: To:

Jjjunjn. Alex Huerter Rodney

Subject: Date:

RE: WASCO North Carolina Standby Trust Monday, September 08, 2008 3:39:26 PM

Rodney,

It was $11.54. We booked it to as this is where all postage for WASCO is booked. The other account is a provision account which might have caused other issues.

Thanks,

Alex Tijunin Financial Analyst Veolia Water North America 101 West Washington St. Suite 1400 East Indianapolis, IN 46204 317.917.3741 office alex [email protected] www.veoliawatema.com

From: Huerter, Rodney Sent: Monday, September 08, 2008 3:27 PM To: Tijunin, Alex Subject: RE: WASCO North Carolina Standby Trust

Alex: can you please tell me how much you applied to that acct number, so that I can add it to my tracking spreadsheet?

Rodney G. Huerter 832-300-5719 (office) 713-672-8209 (fax) 936-648-3162 (mobile)

Rodney Huerter@veoliawatema com

-----Original Message----From: Huerter, Rodney Sent: Wednesday, August 27, 2008 9:27 AM To: Tijunin, Alex Subject: RE: WASCO North Carolina Standby Trust

would be the proper account.

Rodney G. Huerter

461

- Doc. Ex. 523 -

C1-549

832-300-5719 (office) 713-672-8209 (fax) 936-648-3162 (mobile)

[email protected]

-----Original Message----From: Tijunin, Alex Sent: Wednesday, August 27, 2008 9:21 AM To: Huerter, Rodney Subject: RE: WASCO North carolina Standby Trust

Rodney,

Do you have a department to which I can charge the shipping for the ammendment?

Alex Tijunin Financial Analyst Veolia Water North America 101 West Washington St. Suite 1400 East Indianapolis, IN 46204 317.917.3741 office alex tiiunjn@yeoliawaterna com www yeoliawaterna com

From: Huerter, Rodney Sent: Wednesday, August 27, 2008 8:46 AM To: Tijunin, Alex Cc: Flickinger, Brian Subject: RE: WASCO North carolina Standby Trust

This one:


I have to complete some additional documents that have to be submitted to the agency along with the amendment,

R

-----Original Message----From: Tijunin, Alex Sent: Wednesday, August 27, 2008 7:42 AM To: Huerter, Rodney Cc:· Flickinger, Brian Subject: RE: WASCO North carolina Standby Trust

Rodney,

462

•

•

•

- Doc. Ex. 524 -

C1-550

•

•

•

I received the ammendment letter yesterday. What address would you like me to mail it to?

Alex Tijunin Financial Analyst Veolia Water North America 101 West Washington St. Suite 1400 East Indianapolis, IN 46204 317.917.3741 office alex tijunjn@yeoljawaterna com www yeoljawaterna com

From: Huerter, Rodney Sent: Wednesday, August 27, 2008 8:41 AM To: Tijunin, Alex Cc: Flickinger, Brian Subject: RE: WASCO North carolina Standby Trust

Hi, Alex. Merely following up on this. Could you please give me a status update?


Rodney [email protected]

-----Original Message----From: Tijunin, Alex Sent: Tuesday, August 19, 2008 1:04 PM To: Huerter, Rodney Cc: Flickinger, Brian

·Subject: RE: WASCO North carolina Standby Trust

Rodney,

I will submit a request to the bank this week to have it updated.

Thanks,

Alex Tijunin . Financial Analyst Veolia Water North America 101 West Washington St. Suite 1400 East Indianapolis, IN 46204 317.917.3741 office alex tiiunjn@yeoliawaterna com www.veoliawaterna com

463

- Doc. Ex. 525 -

C1-551

From: Huerter, Rodney Sent: Tuesday, August 19, 2008 1:43 PM To: Tijunin, Alex Subject: RE: WASCO North carolina Standby Trust

Hi, Alex. As part of the statutory I regulatory requirements relating to one of our environmental legacy sites in Swannanoa, NC, we are required to submit an irrevocable standby letter of credit ("LOC") to the N.C. Dept. of Envir. & Natural Resources. Societe Generale has historically handled this for WASCO (LOC No ... ).

The LCO must be adjusted each year by the inflation factor of the previous year. Accordingly, the previous total of $396,824.07 from Amend. No. 5 (copy attached to this e-mail) must be increased by 1.031 percent. This required increase of $ 1 2 , 3 0 1 . 5 5 will result in a new total amount of $ 4 0 9 , 1 2 5 . 6 2 for Amendment No. 6.

Can you please process this request and send the updated Amendment No. 6 to me, at the address in my signature? I greatly appreciate the assistance. Please let me know if you have any questions or require additional information.


832-300-5719 (office) 713-672-8209 (fax) 936-648-3162 (mobile) Rodney Huerter@veoliawaterna com

-----Original Message----From: Wolf; Bill Sent: Monday, July 28, 2008 2:23 PM To: Huerter, Rodney Cc: Tijunin, Alex Subject: RE: WASCO North carolina Standby Trust

Rodney,

Sorry I missed your call, but thanks for your reply. In regards to your comments about the letter of credit, Alex Tijunin deals directly with letters of credit on a day to day basis. Alex, please call Rodney at your earliest convenience to see if you can assist him in that regard. Thanks.

William J. Wolf

464

•

•

•

- Doc. Ex. 526 -

C1-552

•

•

•

Controller Veolia Water North America Operating Services,. LLC 101 West Washington Street, Suite 1400 East Indianapolis, IN 46204 317.917.3737 office and fax [email protected] email www.veoliawaterna.com web site

Confidentiality Note: This e-mail message and any attachments to it are intended only for the named recipients and may contain legally privileged and/or confidential information. If you are not one of the intended recipients, please do not duplicate or forward this e-mail message and immediately delete it from your computer.

From: Wolf, Bill Sent: Monday, July 28, 2008 2:05 PM To: Huerter, Rodney Subject: WASCO North carolina Standby Trust

Rodney,

I am in receipt of a statement from Wells Fargo for a WASCO/ North Carolina Department of Environmental and Natural Resources Standby Trust account for March 1-31 (I haven't seen April-June). The address is Houston with an attention to John Coyne. The statement has no activity or balance and may be a dormant account. Do you know anything about this account? Should the account be closed? Any info you may have would be appreciated.

William J. Wolf Controller Veolia Water North America Operating Services, LLC 1O1 West Washington Street, Suite 1400 East Indianapolis, IN 46204 317.917.3737 office and fax [email protected] email www.veoliawaterna.com web site

Confidentiality Note: This e-mail message and any attachments to it are intended only for the named recipients and may contain legally privileged and/or confidential information. If you are not one of the intended recipients, please do not duplicate or forward this e-mail message and immediately delete it from your computer .

465

- Doc. Ex. 527 -

C1-553



466

•

•

•

- Doc. Ex. 528 -

C1-554

~A -~;~_. • HCDE_N __ R North Carolina Department of Environment and Natura! Resources

Dexter R. MatthGWS. Director Division of Waste Managemen+ rvr h I - t: I ,... .. ,Jc .ae, :- . -..as.ey, <..:iovemor

•

•

Rodney G. Huerter Director, Environmental Affairs WASCO, LLC

October 15, 2008

4760 World Houston Parkway, Suite 100 Houston, TX 77032

Re: Asheville Dyeing &Finishing, Swannanoa, NC-NCD 070 619 663

Dear Mr. Huerter:

William G. Ross Jr., Secretary

I have reviewed amendment number 6 dated August 25, 2008 and have found it to be in compliance with post-closure financial assurance requirements. Please note the enclosed Schedule A should be completed and returned to me on or before October 31, 2008.


(~re(y, ~ J ~ \~-IA!!

Administrative Officer Hazardous Waste Section

[ADyeing08.JWL]

/ ' /

1646 Maii seNice Center, Raleigh 11 ~,ah-earolina 27699-1646 Phone 91 ~-508-84.00 \_FAX 91.9-715-3~\lnternet http://wastenotnc.org

An Eql,al Opportunity I Afnnnat1ve Action Employer - Printed on Dual Purpose Recycled Paper

- Doc. Ex. 529 -

C1-555



468

•

•

•

- Doc. Ex. 530 -

C1-556

."·"··· .

• North Carolina Department of Environment and Natural Resources Dexter R. fvlatt\"',ews, Director Division of Waste Management Michael F. Easley, Governor

•

•

Rodney G. Huerter Director, Environmental Affairs WASCO,LLC

October 29, 2008


RE: Amendment No. 6, Irrevocable Standby Letter of Credit No. -Asheville Dyeing & Finishing"' NCO 070 619 663

Dear Mr. Huerter:

William G. Ross Jr .. Secretary

I have reviewed amendment No. 6 to Letter of Credit No. mmd the Schedule A dated August 19, 2008. Please be reminded that documentation demonstrating that the post-closure cost estimate has been adjusted for inflation will need to be submitted to the office 60 days prior to the anniversary date of your letter of credit (June 2nd).


(1117· £1 J~ '~ "--(!N'1-1 ~ Jenny W. L~ ~ L Financial Analyst Hazardous Waste Section

[AsheDye08.JWL]

/

·1646 Mail Service Center, Raleigh, North Carolina 27699-1646 Phone 919-508-8400 \FAX 919-715-3605 \Internet http://wastenotnc.Ol'g

.An Eqt:al \Jpponuni:y i >li(irrnalive Ar,\'.on En'pioy4()~d on Duai P\1rpose Recycled Paper

- Doc. Ex. 531 -

C1-557

- Doc. Ex. 532 -

C1-558

• A'fJ!t'A --~;A, .. NCD ....... EM-R


Beverly Eaves Perdue Governor

Dexter R. Matthews Director

Dee Freeman Secretary

•

Rodney G. Huerter Director, Environmental Affairs WASCO,LLC 4760 World Houston Parkway, Suite 100 Houston, TX 77032

April 15, 2009

RE: Inflation Adjustment Reminder - Asheville Dyeing & Finishing NCO 070 619 663

Dear Mr. Huerter:

Please be advised that documentation demonstrating that the post-closure cost estimate has been adjusted for inflation will be due to the North Carolina Hazardous Waste Section on or before June 2, 2009. The annual inflation adjustment is a RCRA Subpart H financial requirement pursuant to 40 CFR 265.144(b), adopted by reference at ISA NCAC l3A .0110. The 2008 inflation factor of 1.021 should be used to make the 2009 inflation adjustment.

Please be reminded that an updated Schedule A reflecting the newly adjusted cost estimate for post-closure will also be due on June 2, 2009.


*-Af Jenny W. opp Financial Analyst Hazardous Waste Section

Enclosure: Schedule A example

[ASHEVILLE08.JWL)

/' \

/'

• 1646 Mail Service Center, Raleigh, North Carolina 27699-1646 ·.One · ~ NorthCarolina Phone: 919-508-8400 \FAX: 919-715-4061 \Internet: www.wastenotnc.org

An Equal Opporlunity I AffinTiative Action Employer 4 7 J !Vat11rall11

- Doc. Ex. 533 -

C1-559



472

•

•

•

- Doc. Ex. 534 -

C1-560

•

•

•

From: To:

Huecter Rodney Tjjunin ·Alex

Subject: Date:

RE: WASCO North Carolina Standby Trust Thursday, June 18, 2009 12:53:00 PM

thanks


Rodney Huerter@yeoljawatema com

From: Tijunin, Alex Sent: Thursday, June 18, 2009 12:52 PM To: Huerter, Rodney Subject: RE: WASCO North carolina Standby Trust

Rodney,

Here is the amendment for LC... Let me know if you need anything else.

Alex Tijunin Financial Analyst Veolia Water North America 101 West Washington St. Suite 1400 East Indianapolis, IN 46204 317-917-3741 office/fax [email protected] www.veoliawatema.com

.,!:. Please consider the environment before printing this e-mail.


From: Huerter, Rodney Sent: Thursday, June 11, 2009 5:32 PM To: Tijunin, Alex Subject: FW: WASCO North carolina Standby Trust

Per the v-mail I left on your office phone moments ago


473

- Doc. Ex. 535 -

C1-561

Rodney Huerter@veoliawatema com

From: Huerter, Rodney Sent: Tuesday, May 19, 2009 1:40 PM To: Tijunin, Alex Subject: RE: WASCO North Carolina Standby Trust


The LCO must be adjusted each year by the inflation factor of the previous year. Accordingly, the previous total of $409, 125.62 from Amend. No. 6 (copy attached to this e-mail) must be increased by 1.021 percent. This required increase of$ 8 , 5 9 1 . 6 4 will result in a new total amount of$ 4 1 7 , 7 1 7 . 2 6 for Amendment No. 7.



832-300-5719 (office) 713-672-8209 (fax) 936-648-3162 (mobile) Rodney Huerter@veoliawatema com

-----Original Message----From: Wolf, Bill Sent: Monday, July 28, 2008 2:23 PM To: Huerter, Rodney Cc: Tijunin, Alex Subject: RE: WASCO North carolina Standby Trust

Rodney·,

Sorry I missed your call, but thanks for your reply. In regards to your comments about the letter of credit, Alex Tijunin deals directly with letters of credit on a day to day basis. Alex, please call Rodney at your earliest convenience to see if you can assist him in that regard. Thanks.

William J. Wolf Controller Veolia Water North America Operating Services, LLC 101 West Washington Street, Suite 1400 East Indianapolis, IN 46204

474

•

•

•

- Doc. Ex. 536 -

C1-562

•

•

•

317.917.3737 office and fax [email protected] email www.veoliawaterna.com web site


From: Wolf, Bill Sent: Monday, July 28, 2008 2:05 PM To: Huerter, Rodney Subject: WASCO North Carolina Standby Trust

Rodney,

I am in receipt of a statement from Wells Fargo for a WASCO/ North Carolina Department of Environmental and Natural Resources Standby Trust account for March 1-31 (I haven't seen April-June). The address is Houston with an attention to John Coyne. The statement has no activity or balance and may be a dormant account. Do you know anything about this account? Should the account be closed? Any info you may have would be appreciated.

William J. Wolf Controller Veolia Water North America Operating Services, LLC 1O1 West Washington Street, Suite 1400 East Indianapolis, IN 46204 317.917.3737 office and fax [email protected] email www.veoliawaterna.com web site


475

- Doc. Ex. 537 -

C1-563

Exhibit H-37 2009-06-18 - Irrevocable Standby Letter of Credit - Amendment No. 7 & Schedule A

476

•

•

•

- Doc. Ex. 538 -

C1-564

.SOCIETE GENERALE 480 WASHINGTON BLVD

. JERSEY CITY, N.J. 07310-.1900

. ~·. ·.. ~ : . .: .. ' ·· ·· •. jUNE 18 2009

.... ~ .. ' ~ ' . .

Amendment No. 7 · . Irrevoc~ble Standby L,etter ofCredit No .•

North Carolina Department of Environmeµt and Natural Resources .. Division of Waste Management

. Hazardous Waste Section 1646 Mail Service Center Raleigh, North Carolina.·27699-1646

Dear .. Sir or Madam:

The captioned Letter of Credit established i? your favor has been amended as follows:

1. TheLetter of Credit amount is increased by US$8,591.64 to.a new amount ofUS$417,7l7.26.

All other terms and conditions re111ain unchanged.

Thi~ arnt;ndment is subject to t}ie upiform Custmns and Practice for Documentary Creciits, 1993 revision, lntef)1ational Chhinber of Commerce Publication no: 500. · ·

.:·.','i

1··.:

Very truly yours,

·,: ..

'·. '·

;.:.·.: ·.·

477

CLC-510 ·

- Doc. Ex. 539 -

C1-565

Schedule A


Name of Facility:

Address:




Date of Estimate. NIA

Current Post-Closure Cost Estimate: $ 4 I 7, 7 1 7 . 2 6

Date of Estimate: June 18, 2009

478

•

•

•

- Doc. Ex. 540 -

C1-566

•

•

•

Exhibit H-38 2009-07-06 - Email chain between the

Hazardous Waste Section and Rodney Huerter

479

- Doc. Ex. 541 -

C1-567

Lopp, Jenny

From: Sent:

Huerter, Rodney [[email protected]] Monday, July 06, 2009 1 :47 PM

To: Subject: Attachments:

Lopp, Jenny RE: Amendment to LOC Schedule A-Amend. No. 7.pdf

Hi, Jenny. Yes, we did have a great 4th-hope you did as well. I have attached the updated Sch. A. Please let me know if there is anything else I need to do.


Rodney. [email protected]

From: Lopp, Jenny [mailto:[email protected]] Sent: Monday, July 06, 2009 12:17 PM To: Huerter, Rodney Subject: Amendment to LOC

Rodney-Hope things are well your way and hope you had a great 4th of July-1 have received the amendment to the letter of credit but could not locate the updated Schedule AWould you please let me know if you did send in an updated Schedule A? If not, I have attached a sample Schedule A for you-please fill it out and return it back to me -Thanks-

Jenny VV. Loyy, J'inancia{ .Jtna{yst Comyuance 'Brandi Jiazarc[ous Waste Section 'Division of Waste :Management JV.C. 'Deyartment of 'Environment ana Natura{ 'Resources 'Voice :Mai{: 919-508-8549 :fax: 919-715-3605

P{ease note new emaif adaress: [email protected]

Email correspondence to and from this sender may be subject to the N.C. Public Records Law and may be disclosed to third parties.

Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.

480

•

•

•

- Doc. Ex. 542 -

C1-568

•

•

•



481

- Doc. Ex. 543 -

C1-569

NA MCDEMR



Dexter R. Matthews

Rodney G. Huerter Director, Environmental Affairs WASCO, LLC 4760 World Houston Parkway, Suite 100 Houston, TX 77032

Director

July 27, 2009

RE: Amendment to Letter of Credit No. -for Post-Closure Care Asheville Dyeing & Finishing - NCD 070 619 663

Dear Mr. Huerter:


I have reviewed Amendment No. 7 dated June 18, 2009 for Letter of Credit No .• and have found it to be in compliance with post-closure financial requirements. If you have questions, you

•

may contact me at 919/508-8549. •

rx~;;t '"Uw.Lopp Financial Analyst Hazardous Waste Section

[AsheV09.JWL]

1646 Mail Service Cenler, Raleigh, North Carolina 27699-1646 Phone: 919-508-8400 \FAX: 919-715-4061 \Internet: www.wastenolnc.org

An Equal Opportunity I Affirmative Action Employer

One ,,,,. NorthCarQljJla /Vat11ral/!f

482

- Doc. Ex. 544 -

C1-570

•

•

•


email chain re WASCO finan-cial assurance

483

- Doc. Ex. 545 -

C1-571

From: Huerter. Rodney To: Huerter Rodney: Tijunjn Alex Subject: Date:

RE: WASCO North Carolina Standby Trust Wednesday, July 21, 2010 9:12:00 AM

Good morning, Alex. Just following up on this. Have you received the amended LOC, or do you have a sense of when we will receive it?


Rodney Huerter@yeo!jawaterna com

From: Huerter, Rodney Sent: Friday, July 09, 2010 12: 16 PM To: Tijunin, Alex Subject: RE: WASCO North carolina Standby Trust


The LCO must be adjusted each year by the inflation factor of the previous year. Accordingly, the previous total of $417,717.26 from Amend. No. 7 (copy attached to this e-mail) must be increased by 1.012 percent. This required increase of$ 5 , 0 1 2 . 6 0 will result in a new total amount of$ 4 2 2 , 7 2 9 . 8 6 for Amendment No. 8.


Rodney G. Huerter Counsel Veolia Water North America 4760 World Houston Pkwy, Ste 100 Houston, TX 77032

832-300-5719 (office) 713-672-8209 (fax) 936-648-3162 (mobile) Rodney Huerter@veoliawaterna com

484

•

•

•

- Doc. Ex. 546 -

C1-572

•

•

•

Exhibit H-41 2010-07-08 to 2010-07-23 - Email

chain between the Hazardous Waste Section and Rodney Huerter

485

- Doc. Ex. 547 -

C1-573

From: Sent:

Huerter, Rodney <Rodney [email protected]>

Friday, July 23, 2010 3:30 PM

To: Subject:

Lopp, Jenny <[email protected]>

FW: Inflation Increase to Letter of Credit

Attach: Schedule A-Amend. No. 8.doc; ADF LOC 53869 Amed 8--7.23.10.pdf

Good afternoon, Jenny. I just received the attached scan of the newly amended Letter of Credit. I was informed by our financial analyst that handles these matters that the original is being mailed to him today, and he will forward it to you.

From: Huerter, Rodney Sent: Friday, July 09, 2010 12:23 PM To: 'Lopp, Jenny' Subject: RE: Inflation Increase to Letter of Credit

Hi, Jenny. Updated Schedule A is attached. I dated it as of the due date (and made a notation to file to ensure this is addressed in May 2011). The LOC amendment is being processed, and I will forward that to you as soon as it is finalized. · ·

Rodney G. Huerter, Esq. 832-300-5719 {office) 713-672-8209 {fax) 936-648-3162 (mobile)

[email protected]

From: Lopp, Jenny [mailto:[email protected]] Sent: Thursday, July 08, 2010 11:46 AM To: Huerter, Rodney Subject: RE: Inflation Increase to Letter of Credit

Thanks Rodney -

I really appr.eciate it -Jenny

From: Huerter, Rodney [mailto:[email protected]] Sent: Thursday, July 08, 2010 12:45 PM To: Lopp, Jenny Subject: RE: Inflation Increase to Letter of Credit

Thank you, Jenny! I'll get that addressed right away.


[email protected]

486

•

•

• WASC0011209

- Doc. Ex. 548 -

C1-574

•

•

•


487

- Doc. Ex. 549 -

C1-575

CLC-510

SOCIETE GENERALE 480 WASHINGTON BLVD., 21ST FLOOR

JERSEY CITY, NJ 07310-1900

DATE: 23 JULY, 2010

AMENDMENT NO. 8

. LETTER OF CREDIT REFERENCE NO. -

NORTH CAROLINA DEPT. OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WASTE MANAGEMENT HAZARDOUS. WASTE SECTION 1646 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-1646

THE CAPTIONED LETTER OF CREDIT ESTABLISHED IN YOUR FAVOR HAS BEEN AMENDED AS.FOLLOWS:

1. LETTER OF CREDIT AMOUNT IS INCREASED.BY USDS,012.60 TO NEW AMOUNT USD422, 729 .. 8.6.

ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.

THIS AMENDMENT IS SUBJECT TO THE UNIFORM·CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS, 1993 REVISION, INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500.

488

- Doc. Ex. 550 -

C1-576

•

•

•

Schedule A


Name of Facility:

Address:



Current Closure Cost Estimate: $_NIA




489

- Doc. Ex. 551 -

C1-577



490

•

•

•

- Doc. Ex. 552 -

C1-578

• North Carolina Department of Environment and Natural Resources Division of 11\f asie Management

Beverly- Eaves Perdue Governor

Dexter R. Matthews Qi rector


•

August 11, 2010

Rodney G. Hueter Director, Envirorunental Affairs WASCO,LLC 4760 World Houston Parkway, Suite 100 Houston, TX 77032

RE: Amendment to Letter of Credit No.

Dear Mr. Hueter:

- Asheville Dyeing & Finishing NCD 070 619 663

I have reviewed Letter of Credit No. 8 dated July 23, 2010 for post-closure care and no discrepancies were found at this time. If you have questions you may contact me at 919/508-8549.

/""' .i tncero'.>-, /Vl , ;J L:1~~1uu~1 ) J r/l·/i'.'9?J2rl1

Jenny . Lopp ' / \/./"-(, ' ~

Finan\:.ial Analyst ~--Hazardous Waste Section

[Asheville20 I O.JWL]

• 1646 Mail Service Center, Raleigh, North Carolina 27699-1646 Phone: 919-508-8400 \FAX: 919-715-4061 I lnlernet: w'hw.waslenolnc.org Ni~th Carolina

l\7nt11ralf 11 An Equal Opporlunily I Aftinnalive ;\clion Employer 4 91

- Doc. Ex. 553 -

C1-579



492

••

•

•

- Doc. Ex. 554 -

C1-580

•

•

•

From:

Sent: To:

Subject:

Hi Rodney-

Lopp, Jenny </o=NCMAIL/ou=Exchange Administrative Group (FYDIBOHF23 SPDLT)/cn=Recipients/cn=jenny .lopp>

Wednesday, June 1, 2011 3:20 PM

Huerter, Rodney <Rodney [email protected]>

RE: Inflation Increase to Letter of Credit

Hope you are doing well-The 2010 inflation factor that should be used to make the 2011 adjustment is 1.010. Jenny

From: Huerter, Rodney [mailto:[email protected]] Sent: Wednesday, June 01, 2011 3:03 PM To: Lopp, Jenny Subject: RE: Inflation Increase to Letter of Credit

Hi, Jenny. Can you please tell me what the inflation factor is that we need to use for the LOC for the Asheville Dyeing & Finishing site in Swannanoa? Thanks


[email protected]

From: Lopp, Jenny [mailto:[email protected]] Sent: Thursday, July 08, 2010 11:46 AM To: Huerter, Rodney Subject: RE: Inflation Increase to Letter of Credit

Thanks Rodney-1 really appreciate it -Jenny

From: Huerter, Rodney [mailto:Rodney.Huerter@veoliawaterna.<:om] Sent: Thursday, July 08, 2010 12:45 PM To: Lopp, Jenny Subject: RE: Inflation Increase to Letter of Credit

Thank you, Jenny! I'll get that addressed right away.


[email protected]

From: Lopp, Jenny [mailto:[email protected]] Sent: Thursday, July 08, 2010 11:29 AM

493

WASC0011329

- Doc. Ex. 555 -

C1-581

To: Huerter, Rodney Subject: Inflation Increase to Letter of Credit Importance: High

RE: Inflation Adjustment Reminder - Asheville Dyeing & Finishing NCD 070 619 663

Dear Mr. Huerter:

Please be advised that documentation demonstrating that the post-closure cost estimate has been adjusted for inflation was due to the North Carolina Hazardous Waste Section on June 2, 2009. The annual inflation adjustment is a RCRA Subpart H financial requirement pursuant to 40 CFR 265.144(b)(2), adopted by reference at lSA NCAC 13A .0110. The 2009 inflation factor of 1.012 should be used to make the adjustment for 2010.

$417,717.26x1.012= $422,729.86- new adjusted cost for 2010

Please be reminded that an amendment increase from Societe Generale in the face amount of $422,729.86 and an updated Schedule A reflecting the newly adjusted cost estimate for post-closure must be submitted~ August 10, 2010. It is very important that you meet this deadline -if you think you will need additional time, please let me know immediately.


Sincerely, Jenny Lopp

494

•

•

WASC0011330

- Doc. Ex. 556 -

C1-582

•

•

•

Exhibit H-45 2011-06-16- Irrevocable Standby Letter of Credit - Amendment No. 9 & Schedule A

495

- Doc. Ex. 557 -

C1-583

··:..------------SOCIETE GENERALE

480 Washington Blvd Jersey City, N.J. 07310-1900

June 16, 2011 · '. ·

. Irrevo~able St~~_dby Letter of Credit No .• Amendment No. 9 · . · . . ·

Beneficiary: · North Carolina Depa11ment of Environment

and Natural Resources Division of Waste Management . Hazardous Waste Section 1646 Mail Service Center · Raleigh, ·~forth Carolina 27699-1646

Dear Sir or.Madam:

Applicant: Asheville Dyeing & Finishing 850 Warren Wilson College Road Swannanoa, NC 2877~

Th~ captioned Letter of Credi( established in your favor has been amended as follows:.

1. The Letter·ofCredit amount is increased byUS$4,227.30 to a new amo~nt ofUS$426,957.16.

All other terms and conditions remain u·nchanged. . . . . '

· This' amendment is subject to the uniforin Customs and Practice for. pocumentary Oedits, 1993 revision, International . Chamber of C~m1nerce·P!Jblication .no. 500 ..

~ . ,· .. fl . -

, .

496 CLC-510

- Doc. Ex. 558 -

C1-584

•

•

•

Schedule A

EPA Identification Number: NCO 0 7 0 6 1 9 6 6 3

Name of Facility:

Address:







497

- Doc. Ex. 559 -

C1-585

Exhibit H-46 2011-07-15 - Email to the Hazardous Waste Section from Rodney Huerter

498

•

•

•

- Doc. Ex. 560 -

C1-586

Lopp, Jenny

•rom: ent:

Huerter, Rodney [[email protected]] Friday, July 15, 2011 2: 10 PM

To: Subject:

Attachments:

Lopp, Jenny Asheville Dyeing & Finishing, Letter of Credit (No .•. June 16, 2011) and Updated Schedule A ADF Letter of Credit No. - Amend 9 (6.16.11).pdf; Schedule A-Amend. No. 9 (7.15.11).pdf .

Hello, Jenny. You should have already received the original copy of Amendment No. 9 to the LOC, but I have attached a copy that was sent to me. I have also attached an updated Schedule A.

I hope all is well with you. Have a good weekend.

Rodney G. Huerter Counsel & Director of Environmental Affairs WASCO LLC 4760 World Houston Pkwy, Ste 100 Houston, TX 77032

832-300-5719 (office) 713-672-8209 (fax) 936-648-3162 (mobile) Rodney. H [email protected]

Confidentiality Notice: This e-mail and any attachments to it are intended only for the named recipients and may contain confidential information. If you are not

•

one of the intended recipients, please do not duplicate or forward this e-mail message and immediately delete it from your computer. Your assistance in this matter is greatly appreciated. Thank you .

• 499

- Doc. Ex. 561 -

C1-587



500

•

•

•

- Doc. Ex. 562 -

C1-588

• .........

AVA NCDEHR

... \}

;1





•

Rodney G. Huerter Director, Environmental Affairs WASCO, LLC 4760 World Houston Parkway, Suite 100 Houston, TX 77032

July 25, 2011

RE: Amendment to Letter of Credit No.

Dear Mr. Huerter:

- Asheville Dyeing & Finishing NCO 070 619 663

I have reviewed Letter of Credit No .• dated June 16, 2011 for post-closure care and no discrepancies were found at this time. If you have questions you may contact me at 919/508-8549.

· cerely, ... . ,-

l+ "Mity11fdftr J

1 yW. Lopp

Financial Analyst Hazardous Waste Section

[Asheville20J O.JWL]

.1646 Mail Service Center, Raleigh, North Carolina 27699-1646 One . NorthCarohna Phone: 919-508-8400 \FAX: 919-715-4061 \Internet: www.wastenotnc.org

An Equal Opportunity I Affirmalive Action Employer 5 Q 1 JVaturallg

- Doc. Ex. 563 -

C1-589

Exhibit H-48 2012-06-20 - Email from the Hazardous


502

•

•

•

- Doc. Ex. 564 -

C1-590

•

•

•

From:

Sent: To: Subject:

Hi Rodney-

Lopp, Jenny </o=NCMAIL/ou=Exchange Administrative Group (FYDIBOHF23 SPDLT)/cn=Recipients/cn=jenny .lopp>

Wednesday, June 20, 2012 3:25 PM


Asheville Dyeing & Finishing

Just a reminder that the letter o credit is past due for its annual inflation adjustment. The 2011 inflation factor that should be used to make this year's 2012 adjustment is 1.021.

$426,957.16 x l.021=newly inflated cost for 2012 .

Please also include an updated Schedule A with the new letter of credit amendment. If possible, submit these

items by July 5th_

Hope all is well your way, call me if you have questionsBest, Jenny

Jenny W. Lopp, Financial Analyst Email address: [email protected] Voice/Facsimile: (919) 707-8222

Mailing Address: NCDENR Division of Waste Management Hazardous Waste Section 1646 Mail SeTVice Center Raleigh, N.C. 27699-1646

Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation .

503

WASC0011327

- Doc. Ex. 565 -

C1-591



504

•

•

•

- Doc. Ex. 566 -

C1-592

From: Graber, NatachaTo: Huerter, RodneyCc: Wolf, BillSubject: RE: North Carolina Letter of CreditDate: Friday, August 03, 2012 10:15:18 AMAttachments: - NC Dept of Env.pdf

Good Morning Rodney,

Please see the attached Letter of Credit amendment for your records.

Let me know if you have any questions.

Regards,

Natacha

From: Huerter, Rodney Sent: Tuesday, July 24, 2012 12:07 PMTo: Graber, NatachaSubject: RE: North Carolina Letter of Credit

Natacha: Thank you.

Rodney R. G. Huerter, Esq.832-300-5719 (office)713-672-8209 (fax)936-648-3162 (mobile)

[email protected]

From: Graber, NatachaSent: Tuesday, July 24, 2012 11:03 AMTo: Huerter, RodneyCc: Hutson, KarenSubject: FW: North Carolina Letter of Credit Good Morning Rodney,

I have taken over this part of Lee’s duties so I will take care of this amendment for you. Please be advised that I will need to obtain Jean-Paul’s signature on the amendment before proceeding.Once I receive a copy showing the new aggregate amount for that letter of credit I will forward you a copy as well. The original amendment will be sent to Jenny Loop at the address providedbelow.

Let me know if you have any questions,

Natacha

From: Hutson, KarenSent: Tuesday, July 24, 2012 11:36 AMTo: Graber, NatachaSubject: FW: North Carolina Letter of Credit Natacha, would you be able to respond? Thanks! Karen HutsonDirector of Financial AccountingVeolia Water North America101 West Washington, Suite 1400 EastIndianapolis, IN 46204317.917.3915 office and [email protected] www.veoliawaterna.com Veolia Water is the world leader in water and wastewater services and technology solutions. We are part of Veolia Environnement (NYSE: VE), the global leader inenvironmental services with 30,000 North American employees.www.growingblue.com Water. Economics. Life.Growing Blue is an information resource that tells the story of how water is as essential to our economic and social growth as it is to sustaining ourenvironment.

Please consider the environment before printing this e-mail.Confidentiality Note: This e-mail message and any attachments to it are intended only for the named recipients and may contain legally privileged and/or confidential information. If you are not oneof the intended recipients, please do not duplicate or forward this e-mail message and immediately delete it from your computer.

From: Huerter, Rodney Sent: Tuesday, July 24, 2012 10:40 AMTo: Hutson, KarenSubject: FW: North Carolina Letter of Credit

Good morning, Karen. I received an out of office message from Bill, which identifies you as a proper contact for this week. Could you please help address my question, below?

Rodney

R. G. Huerter, Esq.832-300-5719 (office)713-672-8209 (fax)936-648-3162 (mobile)

[email protected]

From: Huerter, Rodney Sent: Tuesday, July 24, 2012 9:34 AMTo: Wolf, BillSubject: FW: North Carolina Letter of Credit Good morning, Bill. I tried to follow up with Lee Bolka on my 7/6/12 request for a LOC adjustment (related to a legacy matter), and could not locate him in the system. Any chance you can pointme to the correct person to help out with this matter?

Rodney

From: Huerter, Rodney Sent: Friday, July 06, 2012 2:58 PM

505

- Doc. Ex. 567 -

C1-593

To: Bolka, LeeSubject: FW: North Carolina Letter of Credit Hi, Lee. Circling back with you for the annual adjustment to the LOC you helped with last year.

The previous total of $426,957.16 from Amend. No. 9 (see attached; <<LC amendment.msg>>) needs to be increased by a factor of 1.021 (102.1 percent—which equates to an increase of$ 8, 9 6 6 . 1 0).

The new total amount for Amendment No. 10 needs to be $ 4 3 5 , 9 2 3 . 2 6.

Please send me a scanned copy when you have the new amendment—the original can be sent to:

Jenny Lopp, Financial AnalystDENRDivision of Waste ManagementHazardous Waste Section1646 Mail Service CenterRaleigh, NC 27699-1646

Please let me know if you have any additional questions.

Thanks,

Rodney

R. G. Huerter, Esq.832-300-5719 (office)713-672-8209 (fax)936-648-3162 (mobile)

[email protected]

From: Bolka, Lee Sent: Monday, June 20, 2011 11:00 AMTo: Huerter, RodneyCc: Bateman, Whitney; Cates, Van; Santiago, Amy; Schrang, Michael ( Scott )Subject: RE: North Carolina Letter of Credit Hi Rodney,

Please see the attached document from Societe Generale regarding you LoC.

Regards,

Lee Bolka, CPAFinancial AnalystVeolia Water North America101 West Washington Street, Suite 1400 SouthIndianapolis, IN 46204317.917.4669 office/fax845.270.5285 [email protected]

From: Huerter, Rodney Sent: Wednesday, June 01, 2011 3:40 PMTo: Bolka, LeeCc: Bateman, Whitney; Cates, Van; Santiago, Amy; Schrang, Michael ( Scott )Subject: FW: North Carolina Letter of Credit Hi, Lee. I am the proper Veolia contact for the LOC. Thanks for your help.

The previous total of $422,729.86 from Amend. No. 8 (see attached; <<FW: VEOLIA AMEND NO. 8 LC [C1].msg>>) needs to be increased by 1.010 percent—which equates to anincrease of $ 4, 2 2 7 . 3 0. The new total amount for Amendment No. 9 needs to be $ 4 2 6 , 9 5 7 . 1 6.

Please send me a scanned copy when you have the new amendment—the original can be sent to:

Jenny Lopp, Financial AnalystDENRDivision of Waste ManagementHazardous Waste Section1646 Mail Service CenterRaleigh, NC 27699-1646


Rodney G. Huerter, Esq.832-300-5719 (office)713-672-8209 (fax)936-648-3162 (mobile)

[email protected]

From: Bateman, Whitney Sent: Wednesday, June 01, 2011 2:03 PMTo: Huerter, RodneyCc: Bolka, Lee; Cates, VanSubject: FW: North Carolina Letter of Credit Rodney, pursuant to our conversation, attached and below are the emails I received regarding the North Carolina LOC.

Lee and Van, I spoke with Rodney and he is familiar with this LOC. It is for Ashville Dying and Finishing. He is going to contact the NC Department and speak with them directly.

Whitney M. BatemanLegal & Risk AdministratorVeolia Water North America Operating Services, LLC120 Water Street, Suite 212North Andover, MA 01845

506

- Doc. Ex. 568 -

C1-594

(978) 725-0068 direct(978) 725-0030 office(978) 725-0031 [email protected]

www.veoliawaterna.com Veolia Water is the world leader in water and wastewater services and technology solutions. We are part of Veolia Environnement (NYSE: VE), the global leader in environmental services with 30,000 NorthAmerican employees. www.growingblue.com Water. Economics. Life. Growing Blue is an information resource that tells the story of how water is as essential to our economic and social growth as it is to sustaining our environment.

Please consider the environment before printing this e-mail.

Confidentiality Note: This e-mail message and any attachments to it are intended only for the named recipients and may contain legally privileged and/or confidential information. If you are not one of the intended recipients, please do notduplicate or forward this e-mail message and immediately delete it from your computer.

From: Cates, Van Sent: Wednesday, June 01, 2011 2:54 PMTo: Bateman, WhitneySubject: FW: North Carolina Letter of Credit

Van A. Cates*VP & Assistant General CounselVeolia Water North America - East Region14055 Riveredge Drive, Suite 240Tampa, Florida 33637Phone: 813-983-2804Cell: 281-772-9585Fax: [email protected] * Licensed in the States of Florida, New Jersey and Texas

Confidentiality Note: This e-mail message and any attachments to it are intended only for the named recipients and may contain confidential information that is subject to the attorney-client privilege. If youare not one of the intended recipients, please do not duplicate or forward this e-mail message and immediately delete it from your computer.

From: Cates, Van Sent: Wednesday, June 01, 2011 9:04 AMTo: Cloke, Preston; Patterson, Donald; Rogers, CarolSubject: North Carolina Letter of Credit Any idea why we have a letter of credit for $422K payable to the NC DENR? We need to renew it tomorrow. Is this regarding the NC package plants? Let me know. Van

L/CNUMBER

FRONTINGBANK

BORROWER -GUARANTOR(BUSINESS

NAME)

VECTOR CODE FORBORROWER AND

GUARANTORBENEFICIARY ISSUE

DATEEXPIRYDATE

PRINCIPALAMOUNT

USD

SocieteGenerale WASCO

NO. CAROLINA DEPT. OF ENVIRONMENT & NATURALRESOURCES 06/02/03 06/02/11 $422,729.86

Van A. Cates*VP & Assistant General CounselVeolia Water North America - East Region14055 Riveredge Drive, Suite 240Tampa, Florida 33637Phone: 813-983-2804Cell: 281-772-9585Fax: [email protected] * Licensed in the States of Florida, New Jersey and Texas

Confidentiality Note: This e-mail message and any attachments to it are intended only for the named recipients and may contain confidential information that issubject to the attorney-client privilege. If you are not one of the intended recipients, please do not duplicate or forward this e-mail message and immediately delete itfrom your computer.

507

- Doc. Ex. 569 -

C1-595


508

•

•

•

- Doc. Ex. 570 -

C1-596

SOCIETE GENERALE

August 2, 2012

480 Washington Blvd Jersey City, NJ. 07310-1900

Irrevocable Standby Letter of Credit No •• Amendment No. 10 · . · ·

Beneficiary: North Carolina Department of Environment and Natural Resources Division of Waste Management Hazardous Waste Section

· 1646 Mail Service Center Raleigh, North Carolina· 27699-1646

Dear Sir or Madam:

Applicant:· Asheville Dyeing & Finishing 850 Warren Wilson College Road Swannanoa, NC 28778

The captioned Letter of Credit established in your favor has. been amended as folJows:

l. The Letter of Credit amount is increased by USD8,966.10 to a new amount ofUSD435,923.26.


This amendment is subject to the uniform Customs and Practice for Documentary 0-edits, 1993 revision, International Chamber of Commerce Publication no. 500. .

509 CLC-510

REC"f-<j \; \ I \ . .i. __ ~ '# 1 . ..,1--:-".:

AUG.2012

Haz:c n1ous' Via;:;tL ~~--: ·\·'

- Doc. Ex. 571 -

C1-597

Schedule A


Name of Facility:

Address:






Date of Estimate: August 2, 2012

510

•

•

- Doc. Ex. 572 -

C1-598

•

•

•

Exhibit H-51 2012-07-23 to 2012-08-03 - Email chain


511

- Doc. Ex. 573 -

C1-599

From: Lopp, Jenny </o=NCMAIL/ou=Exchange Administrative Group (FYDIBOHF23 SPDLT)/cn=Recipients/cn=jenny .lopp>

Sent: Friday, August 3, 2012 11 :39 AM To: Subject:


RE: Asheville D&F

Thanks Rodney-__ , do appreciate your getting this done- my EPA" end of the year report" will soon be reviewed and I wanted to make sure all my facilities are compliant -Take care -and as always it is a pleasure working with you -Jenny

From: Huerter, Rodney [mailto:[email protected]] Sent: Friday, August 03, 2012 11:35 AM To: Lopp, Jenny Subject: RE: Asheville D&F

Good morning, Jenny. I hope all's well in Raleigh. I have attached copies of Amend 10 of the LOG and an updated Schedule A (the original LOG is being sent directly to you in the mail). Please accept my apology for the delay-turns out the person to whom I had sent the original request is no longer with us and the request got parked for a bit. Have a great weekend.

R. G. Huerter, Esq. , 832-300-5719 (office) 713-672-8209 (fax) 936-648-3162 (mobile)

[email protected]

From: Lopp, Jenny [mailto:[email protected]] Sent: Tuesday, July 24, 2012 9:27 AM To: Huerter, Rodney Subject: RE: Asheville D&F

Hi Rodney-As we discussed yesterday, below is the information that EPA uses from the BEA website for calculating inflation factors- including the information in calculating the latest (2011) factor. This factor, (1.021) should be used to make the 2012 adjustment-

-Take care-Jenny

(Implicit Price Deflators for Gross Domestic Product), an interest rate to be applied to annual inflationary updates for RCRA cost estimates is 2.1%, as derived by dividing 113.361(the2011 annual index) by 110.992 (the 2010 annual index).

From: Huerter, Rodney [mailto:[email protected]] Sent: Monday, July 23, 2012 12:09 PM To: Lopp, Jenny Subject:

512

•

•

• WASC0011181

- Doc. Ex. 574 -

C1-600

•

•

•

Rodney G. Huerter Counsel & Director of Environmental Affairs Veolia Water North America 4760 World Houston Pkwy, Ste 100 Houston, TX 77032

832-300-5719 (office) 713-672-8209 (fax) 936-648-3162 (mobile)

[email protected]

Confidentiality Notice: Confidentiality Notice: This e-mail and any attachments to it are intended only for the named recipients and may contain confidential information. If you are not one of the intended recipients, please do not duplicate or forward this e-mail message and immediately delete it from your computer. Your assistance in this matter is greatly appreciated. Thank you .

513

WASC0011182

- Doc. Ex. 575 -

C1-601



514

•

•

•

- Doc. Ex. 576 -

C1-602

•

•

NA NCDEMR



Rodney G. Huerter Director, Environmental Affairs WASCO, LLC

Division of Waste Management Dexter R. Matthews ·

Director

August 13, 2012


RE: Amendment to Letter of Credit NoAsheville Dyeing & Finishing -EPA ID No. - NCD 070 619 663

Dear Mr. Huerter:


I have reviewed the amendment dated August 2, 2012 along with the updated Schedule A and no discrepancies were noted at this time. If you have questions you may contact me at 919/707-8222.

(AshDye2012.JWL]

None . orthCarolma

.Natttraf/!f 1646 Mail Service Center, Raleigh, North Carolina 27699-1646

• Phone\Fax: 919-707-8200 I Internet: http//:portal.ncdenr.org/web/wm

An Equal Opportunity\ Affirmative Action Employer -50% Recycled I% Post Consumer Paper

515

- Doc. Ex. 577 -

C1-603

Exhibit H-53 2013-03-07 to 2013-06-05 - Email chain


516

•

•

•

- Doc. Ex. 578 -

C1-604

•

•

From:

Sent: To:

Subject:

Attach:

Hi Rodney-

Lopp, Jenny </o=NCMAIL/ou=Exchange Administrative Group (FYDIBOHF23 SPDL T)/cn=Recipients/cn=j enny .lopp>

Wednesday, June 5, 2013 9:54 AM

[email protected]

FW: Asheville Dyeing & Finishing 2013 Inflation Adjustment

AshevilleD&Fin Inf 2013 .docx

This email is a follow up to the email below-1 have not received the inflation letter as shown on the attachmentCould you let me know if this letter has been sent?

Please be reminded that the amendment to AD&F's was due June 2, 2013. Has the amendment been processed? (I will need an original amendment)-an updated Schedule A should be attached along with the amendment-

As part of annual EPA review, trust agreements that have been in place for 10 years are reviewed for accuracy. The trust agreement for AD&F was established in 2003. Are you the person that also handles the standby trust agreement? Please advise.

Thanks RodneyHope all is wellJenny

From: Lopp, Jenny Sent: Thursday, March 07~ 2013 11:34 AM To: '[email protected]' Subject: Asheville Dyeing & Finishing 2013 Inflation Adjustment

Hi Rodney-Hope 2013 has been good to you thus far-It that time of year again - the cost estimate for post-closure care needs to be updated for inflationThe inflation factor of 1.018 {2012) should be used to make this year's adjustment-

If you could please send the annual inflation letter to me by April 2, 2013 I would greatly appreciate it--- (see attached as an example) -also attach an updated Schedule A-

If additional financial assurance (i.e., amendment to letter of credit) is needed as a result of the annual adjustment, please provide documentation to me by June 2, 2013 indicating that the additional assurance has been established.

--just to clarify, The inflation letter is due April 2, 2013. The actual additional financial assurance (i.e., amendment) will be due June 2, 2013.

• --also, on the Schedule A the "date" should be April 2nd (or before), not after April 2nd_

517

WASC0011017

- Doc. Ex. 579 -

C1-605

Take care-If you have questions, just let me know I will be glad to help you-


Mailing Address: NCDENR Division of Waste Management Hazardous Waste Section 1646 Mail Service Center Raleigh, N.C. 27699-1646

Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation.

518

•

•

• WASC0011018

- Doc. Ex. 580 -

C1-606

•

•

•



519

- Doc. Ex. 581 -

C1-607

From: To: Subject: Date: Attachments:

Hi Rodney,

Huerter BcxJney

RE: North carolina Dept. of Environment Cl'ld Natural Resources LOC .. Thursday, June 27, 2013 2:57:42 PM North Qvp!joa pem Qf Enyjroomeot anc:! Natl!@! BP591rrrp:j Qdf

ilihllO:!l!!JJI

Attached is the approval of the amendment of LC.

Thanks,

Erica Bush Treasury Accounting Analyst Veolia Water North America 101 W. Washington St. Ste 1400 Indianapolis, IN 46204 Phone & Fax (317) 917-3910 erica b11sh@yeo!iawaterna com

From: Bush, Erica Sent: Monday, June 24, 2013 11:57 AM To: Huerter, Rodney Subject: RE: North carolina Dept. of Environment and Natural Resources LOC-

Hi Rodney,

We are just waiting on approval from Jean-Paul for the amendment. Once that is received, we can forward the information to the bank. I will forward you a copy of the amendment once the bank has issued it.

Thanks,

Erica Bush Treasury Accounting Analyst Veolia Water North America 101 W. Washington St. Ste 1400 Indianapolis, IN 46204 Phone & Fax (317) 917-3910 erjca bush@yeo!jawaterna com

From: Huerter, Rodney Sent: Monday, June 24, 2013 11:56 AM To: Bush, Erica Subject: RE: North carolina Dept. of Environment and Natural Resources LOC-

Erica:

Good morning. Could you please give me a status update on this? If the requested amendment was issued, could you please e-mail an electronic copy to me?

Thanks,

Rodney

R. G. Huerter, Esq. 832-300-5719 (office) 713-672-8209 (fax) 936-648-3162 (mobile)

From: Bush, Erica Sent: Wednesday, June 05, 2013 3:27 PM To: Huerter, Rodney Subject: RE: North carolina Dept. of Environment and Natural Resources LOC-

520

•

•

•

- Doc. Ex. 582 -

C1-608

•

•

•

Do you have a copy of the contractthat states the LC is required?

Thanks,

Erica Bush Treasury Accounting Analyst Veolia Water North America 101 W. Washington St. Ste 1400 Indianapolis, IN 46204 Phone & Fax (317) 911-3910 erjr.a busb@yeo!iawaterna com

From: Huetter, Rodney Sent: Wednesday, June 05, 2013 4:05 PM To: Bush, Erica Cc: Morton, Amy Subject: RE: North carolina Dept. of Environment and Natural Resources LOC-

Erica:

Good afternoon. As we just discussed, we have been in the process of attempting to get ourselves extracted from this site. I realize that we are already inside of the 120-

day termination window, but was hoping that we could get by without having an interest adjustment this year. I just learned that will not be possible.

Can you please get a new amendment (should be Amend. No. 11) issued with a 1.8% increase over the previous amendment amount? That translates to a new total of$ 4

4 3, 7 6 9. 8 8 (an increase of$ 7, 8 4 6. 62 over the Amendment No. 10 total. I have attached a copy of Amend No. 10 for you.

Please send me a scanned copy when you have the new amendment-the original needs to be sent to:

Jenny Lopp, Financial Analyst NC DENR


Hazardous Waste Section

1646 Mail Service Center

Raleigh, NC 27699-1646


Thanks,

Rodney


Rodney H11erter@ye0Hawatema com

From: Bush, Erica Sent: Monday, May 13, 2013 3:13 PM To: Huetter, Rodney Cc: Morton, Amy Subject: RE: North carolina Dept. of Environment and Natural Resources LOC 53869

Please see attached. Let me know if you need anything else.

Thanks,

Erica Bush Treasury Accounting Analyst Veolia Water North America 101 W. Washington St. Ste 1400 Indianapolis, IN 46204 Phone & Fax (317) 917-3910 erjca b11sh@yeoliawateroa com

From: Huetter, Rodney Sent: Monday, May 13, 2013 11: 13 AM To: Bush, Erica CC: Morton, Amy Subject: RE: North carolina Dept. of Environment and Natural Resources LOC-

Erica:

Please do not do anything with this at the moment.

Is there any chance that you can get a full copy of the original LOC to me? All I have are copies of certain amendments (dating back to 2007, which was the first such

amendment that l was involved with - I took over responsibilities for envtl legacy matters in late 2006).

521

- Doc. Ex. 583 -

C1-609

Rodney


Rpdney Hi 1erter@yeo!jawatema com

From: Bush, Erica Sent: Monday, May 13, 2013 9:27 AM To: Huerter, Rodney Cc: Morton, Amy Subject: North canolina Dept. of Environment and Natural Resources LOC-

Hi Rodney,

North Carolina Dept. of Environment and Natural Resources LOG. is set to auto-extend on June 2. Please confirm that you would like this LOG to extend. Also, let me know if the amount needs to be amended.

Thanks,

Erica Bush Treasury Accounting Analyst Veolia Water North America 101 W. Washington St. Ste 1400 Indianapolis, IN 46204 Phone & Fax (317) 917-3910 erir.a h11$h@ven!jawaterna com

522

•

•

•

- Doc. Ex. 584 -

C1-610

•

•

•



523

- Doc. Ex. 585 -

C1-611

•'

SOCIETE GENERAL

June 27, 2013

480 Washington Blvd Jersey City, N.J. 07310-1900

~rrevo~·able Standby Letter oX Credit No. -Amend_ment No. 11 .. · : · . ·,

Beneficiary: Applicant: North Carolina Department of Environment . and Natural Resources Division of Waste Management ·

Asheville Dyeing & Finishing ~50 Warren Wilson Co~lege Rqa9 Swannanoa, NC 28778

Hazardoi.is Waste Section . ' · 1646 Mail Service Center " Raleigh, N~rili Carolina 27699~1646

'Dear Sir or Madam: · . ' '

The captioned Letter of Credit established in your favor has been amended as follows:. ·. ' . '

l.

1.· The Letter of Credit amount is increased by USD7,846.62 to a new amount ofUSD443,769.88.

All other terms- and conditions remain unchanged.

'- ~ ... . This amep._d~ent is· subject to the uniform Customs and Practice for Documentary_Credits, 1_9?3 revision, International Chamber of Commerce Publication no. 500.

524 CLC-510

- Doc. Ex. 586 -

C1-612

•

•

•



525

- Doc. Ex. 587 -

C1-613

From:

Sent: To: Subject:

Hi Rodney-

Lopp, Jenny </o=NCMAIL/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=jenny.lopp>

Wednesday, July 17, 2013 1:35 PM Huerter, Rodney <[email protected]>

RE: Asheville Dyeing & Finishing 2013 Inflation Adjustment

Thanks so much for the amendment and your letter dated July 1, 2013. I will be sending you a confirmation letter soon.

-just an fyi---1 did want to let you also know that EPA (through its monthly enforcement calls) has suggested that as part of our annual review of financial instruments, states should be attentive to the "date" of the financial instruments (particularly, standby trust agreements). Other states, as well as NC, have found that standby trust agreements that are 10 years passed the date of their execution cannot be located by certain financial institutions. This is mainly due the merging of several banks -and advanced computer systems have assigned new account numbers different from the account numbers initially assigned to a trusts---

--A second concern with standby trust agreements is that the Exhibit A that is attached to the standby trust agreement lists officers that are no longer with the company ---

I am in the process of contacting all hazardous waste facilities in my RCRA universe that are using standby trust agreements to make sure that all information is accurate-are you the contact person regarding the standby trust agreement for Asheville Dyeing & Finishing? If not, could you please let me know who I need to contact?

--and lastly, with respect to your letter dated July 1, 2013, I am not generally in the direct loop of things regarding the subject matter (i.e., ownership of a site) discussed in your letter-those issues are handled outside my personal office and through the Department of Justice -with our AJ's office.

--my major responsibility here is to keep my facilities in compliance with financial assurance regulations in order to be prepared for EPA's reviews/audits-

Thanks RodneyTake careJenny

From: Huerter, Rodney [mailto:[email protected]] Sent: Monday, July 01, 2013 5:30 PM To: Lopp, Jenny Subject: RE: Asheville Dyeing & Finishing 2013 Inflation Adjustment

Good afternoon, Jenny. I hope all is well with you. I have dropped the original document in the mail, but wanted to get this scanned copy to you. The actual amendment should be mailed to you directly (from either our finance folks or from Societe Generale).

Have a happy Fourth of July (hopefully you're getting to enjoy some vacation this week).

Rodney

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[email protected]

From: Lopp, Jenny [mailto:[email protected]] Sent: Thursday, March 07, 2013 10:34 AM To: Huerter, Rodney Subject: Asheville Dyeing & Finishing 2013 Inflation Adjustment

Hi Rodney-

Hope 2013 has been good to you thus far-It that time of year again - the cost estimate for post-closure care needs to be updated for inflationThe inflation factor of 1.018 (2012) should be used to make this year's adjustment-

If you could please send the annual inflation letter to me by April 2, 2013 I would greatly appreciate it--- (see attached as an example) -also attach an updated Schedule A-

If additional financial assurance (i.e., amendment to letter of credit) is needed as a result of the annual adjustment, please provide documentation to me by June 2, 2013 indicating that the additional assurance has been established.

--just to clarify, The inflation letter is due April 2, 2013. The actual additional financial assurance (i.e., amendment) will be due June 2, 2013.

--also, on the·schedule A the "date" should be April 2nd (or before), not after April 2nd_

Take care-If you have questions, just let me know I will be glad to help you-


Mailing Address: NCDENR Division of Waste Management Hazardous Waste Section 1646 Mail Service Center Raleigh, N.C. 27699-1646

527

WASC0011325

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NA MCDENR


Pat McCrory Governor

Rodney Huerter Vice President & Senior Counsel WASCOLLC 4760 World Houston Parkway, Suite 100 Houston, TX 77032


July 19, 2013

John E. Skvarla, Ill Secretary

RE: 2013 Inflation Adjustment for Post-Closure Care Letter of Credit Amendment No. 11 Asheville Dyeing & Finishing EPA ID No. -NCD 070 619 663

Dear Mr. Huetter:

I have reviewed Letter of Credit amendment number 11 for the above-referenced facility and no discrepancies were noted at this time. If you have questions you may contact me at 9191707-8222.

CJ; 1Jr y JennyWt; ~ Financial Analyst Hazardous Waste Section

[Asheville2013.JWL]

1646 Mail Service Center, Raleigh, North Carolina 27699-1646 Phone\Fax: 919-707-8200 \Internet: http//:portal.ncdenr.org/web/wm An Equal Opporlunily \ Aflirmalive Aclion Employer-50% Recycled\% Posl Consumer Paper

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Respondent’s Exhibit I Environmental Consultant Reports1

1 For brevity’s sake, this exhibit contains only the narrative portions of the identified reports and not the attached figures, graphs, lab results, etc.

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Exhibit 1-1 2005-02-14 - October 2004 Quarterly

Effectiveness Monitoring Report

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le -1 OCTOBER 2004 QUARTERLY I EFFECTIVENESS MONITORING REPORT

I I I I I fj

I I I I I I I ,

FORMER ASHEVILLE DYEING AND FINISHING FACILllY WARREN WILSON COLLEGE ROAD

SWANNANOA, BUNCOMBE COUNTY, NORTH CAROLINA NCO 070 619 663

FEBRUARY 14 I 2005 MSE JOB NO. 123

f :. __ ----- c ''···--.J ~-~····--·

Prepared for: MR. JOHN COYNE

VEOLIA WATER NORTH AMERICA 14950 HEATHROW FOREST PARKWAY, SUITE 200

HOUSTON, TEXA.5, 77032

532

m1NERAL SPRINGS

envlronmenta~ p.c.

Mineral Springs Environmental, P.C. 4600 Mineral Springs Lane

Raleigh, North Carolina, 27616 919.261.8186

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I I I I I I I I I I I I I I I I

TABLE OF CONTENTS

! BACKGROUND

.2 REMEDIAL ACTIVITIES

2.1 REMEDIATION SYSTEM #1 {RS-1)

2.2 REMEDIATION SYSTEM #2 (RS-2) 2.3 SYSTEM PERFORMANCE

~ REMEDIATION SYSTEM EFFECDVENESS

3.1 GROUNDWATER SAMPLING 3.1.1 GENERAL 3.1.2 GROUNDWATER FLOW 3.1.3GROUNDWATER SAMPLING AND ANALYTICAL RESULTS

3.2 AIR SAMPLING

~ SVE EFFLUENT AND GROUNDWATER QUALITY TRENDS

4.1 SVE EFFLUENT AIR QUALITY TRENDS 4.2 GROUNDWATER QUALITY TRENDS

5 CONCLUSIONS AND RECOMMENDATIONS

§ LIMITATIONS

DRAWINGS

Drawing 1 Drawing 2 Drawing 3 Drawing 4 Drawing 5 Drawing 6 Drawing 7 Drawing 8 Drawing 9

Drawing 10

Drawing 11

Topographic Site Map Site Map Layout of Air Sparge and Soil Vapor Extraction Systems Estimated Water Table Contour Map (October 2004) Estimated Groundwater Flow - Intermediate Zone (October 2004) Estimated Groundwater Flow- Deep Zone (October 2004) Tetrachloroethene Isoconcentration Map-Shaltow Aquifer (October 2004) Trichloroethene Isoconcentration Map - Shallow Aquifer (October 2004) Cis-1,2-Dichloroethene Isoconcentration Map -

Shallow Aquifer (October 2004) Tetrachloroethene Isoconcentration Map -

Intermediate Zone (October 2004) Trichloroethene Isoconcentration Map -

Intermediate Zone (October 2004)

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Drawing 12

Drawing 13 Drawing 14 Drawing 15

TABLES

Table 1 Table 2 Table 3 Table4 Table 5 Table 6 Table 7

TABLE OF CONTENTS CCONT.)

Cis-1,2-Dichloroethene Isoconcentration Map -Intermediate Zone (October 2004)

Tetrachloroethene Isoconcentration Map- Deeper Zone (October 2004) Trichloroethene Isoconcentration Map- Deeper Zone (October 2004)

· Cis-1,2-Dichloroethene Isoconcentration Map -Deeper Zone(October 2004)

Water Lev~I Measurements - October 2004 October 2004 Groundwater.Analytical Results Laboratory Analytical Results - Metals Historical Groundwater Analytical Results Blower Effluent Air Sample Analytical Results Total Mass of PCE Removed - SVE 1 Total Mass of PCE Removed - SVE 2

APPENDICES

Appendix A Appendix B Appendix C

Groundwater Laboratory Analytical Results and Chain-of-Custody Groundwater Concentration Versus lime Graphs Air Sample Laboratory Analytical Results and Chain-of-Custody

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I I I I I I I I I I I I I I I I I I I

OCTOBER 2004 QUARTERLY EFFECTIVENESS MONITORING REPORT

Former Asheville Dyeing and Finishing Facility Warren Wilson College Road

Swannanoa, Buncombe County, North carolina February 14, 2005

1 BACKGROUND

Asheville Dyeing and Finishing {AD&F) removed one waste tetrachloroethene (PCE) underground storage tank (UST) and one virgin PCE UST in April 1985 from their site located in Swannanoa, North Carolina (Drawings 1 and 2). The location of the former waste PCE UST was designated as a hazardous waste management unit (HWMU) by the North Carolina Department of Environment and Natural Resources, Division of Waste Management (DWM).

An administrative Order of Consent (AOC) was issued to AD&F by the DWM on October 11, 1990. The AOC required AD&F to close the HWMU and address the horizontal and vertical extent of groundwater impact. The HWMU was closed by AD&F in late 1992 and seven phases of groundwater assessment have been conducted to delineate the extent

.of PCE-impacted groundwater.

In 1998, a combination air sparge (AS) and soil vacuum extraction (SVE) system was installed to remediate the groundwater downgradient of the HWMU. The remediation system (RS-1) was restricted to the groundwater impact identified on the AD&F property and encompasses an area measuring approximately 50,000 square feet (Drawing 3). In 2001 a second remediation system (RS-2) was installed to the north of RS-1 to address groundwater impact associated with an unidentified source.

This report documents performance and effectiveness of the remediation systems, groundwater sampling activities, the associated analytical results and SVE effluent air and groundwater quality trends.

2 REMEDIAL ACTIVITIES

2.1 Remediation System #1 (RS-1)

RS-1, the original remediation system, consists of 13 2-inch diameter AS points installed to an average depth of 36 feet below land surface (BLS) (Drawing 3). The AS points, constructed of stainless steel screens with galvanized piping, are connected to an air compressor capable of supplying a total of 42 cubic feet per minute (CFM) of compressed air. The SVE component of the system is comprised of a 24-inch diameter central hub with four radiating SVE trenches augmenting the AS system. The hub is constructed of a corrugated metal pipe with two feet of slotted screen at the bottom of the pipe that extends approximately 17 feet BLS.

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I le I I I I I I I &9 I I I I I I I , I

The SVE trenches are four feet wide and nine feet deep and extend approximately 100 feet north, 70 feet south, 175 feet east, and 115 feet west from the central hub. In addition, two four-inch diameter SVE wells were incorporated into the SVE system. The central hub and trenches are connected to a SVE blower and are currently removing air from the vadose zone.

2.2 Remediation System #2 (RS-2) ·

In May 2001; a second remediation system, RS-2 was installed to remediate a previously identified area of groundwater impact originating to the north of the manufacturing facility. Nineteen AS points were installed in the area east and northeast of the existing manufacturing building (Drawing 3). Generally, the 19 AS points were installed in two separate rows. The AS.points were equipped with a 1-foot stainless steel screen and 314-inch galvanized pipe riser.

In addition to the AS points, 21 SVE wells were installed along the east and portions of the northeast and southwest building walls to restrict vapor!? from entering the building (Drawing 3). The SVE wells were installed to depths of between 10 and 12 feet BLS and constructed of 2-inch PVC with 5 feet of 0.10-inch mechanically slotted screen. Additionally, one SVE trench approximately 530 feet long, was installed to assist in the removal of volatilized PCE from the subsurface.

Air, introduced into the aquifer through the additional AS points, is generated by a rotary screw air compressor capable of providing 2 to 5 CFM per well at a delivery pressure of 25 pounds per square inch (PSI). The SVE blower capable of generating 10 inches of mercury vacuum at a rate of 500 CFM was installed to extract the volatilization air.

2.3 System Performance

From July 21, 2004 through October 28, 2004, RS-1 and RS-2 continued normal operation with no system shutdowns occurring in the past three months. Operation and maintenance activities are conducted monthly to optimize remediation system performance. Additionally, the effluent discharge flow rate from each SVE blower is measured monthly using an anemometer.

On October 28, 2004, the flow rate associated with the SVE blower discharge from RS-1 (SVE 1) was approximately 805 CFM with a temperature of approximately 100 degrees Fahrenheit at approximately four inches of mercury. On October 28, 2004, the flow rate associated with the SVE blower discharge from RS-2 (SVE 2) was approximately 315 CFM with a temperature of approximately 100 degrees Fahrenheit at approximately 3.5 inches of mercury.

MINERAL SPRINGS ENVIRONMENTAL, P.C. October 2004 Effectiveness Monitoring Report Former Asheville Dyeing and finishing Facllity

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February 14, 2005 Pagel

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I I I I I I I I I I I I I I I I ,. I I

3 · REMEDIATION SYSTEM EFFECTIVENESS

The effectiveness of each groundwater remediation system is evaluated by testing the PCE content in air samples collected from the SVE system effluent and groundwater samples collected from the on-site monitoring wells. The analytical results for the groundwater samples and the air samples collected in October 2004 are presented below.

3.1 Groundwater Sampling

3.1.1 General

MSE performed the October 2004 groundwater sampling event to monitor the · effectiveness of the on-going voluntary groundwater remediation systems. The effectiveness of the remediation systems is evaluated by monitoring the groundwater monitoring wells MW-4s, MW-4i, MW-Ss, MW-Si, MW-6s, MW-6i, MW-7s, MW-lli, MW-12s, MW-12i, MW-13s, MW-1Ss, OW-li and OW-2i. However, for this monitoring event, MSE representatives collected groundwater samples from all the on-site and off-site monitoring wells, except MW-1 and OW-2i. Nearly all the wells were sampled to determine the current groundwater conditions both on and off the site.

3.1.2 Groundwater Flow

Groundwater elevations were measured from all groundwater monitoring wells except MW-1 and OW-2i. The data collected is summarized on Table 1. Using this data, MSE has prepared groundwater contour maps for the shallow, intermediate, and deeper aquifer horizons (Drawings 4, 5, and ·6). Drawing 4 depicts groundwater flow at the water table. The influence of the two SVE systems can be seen with the mounding of the water table beneath the building and at monitoring well nest MW-5. Overall, the groundwater is flowing toward the southeast, to the Swannanoa River at a gradient of approximately 0.019 feet per foot. The groundwater within the fractured bedrock zone of the deeper zone flows to the south at a slightly shallower gradient (0.017 feet per foot) (Drawing 6).

3.1.3 Groundwater Sampling and Analytical Results

The groundwater samples were collected in accordance with procedures outlined in the site Sampling and Analysis Plan and the samples were transported under chain-ofcustody to Paradigm Analytical Laboratories, Inc. located in Wilmington, North Carolina and analyzed for volatile organic compounds (VOCs) according to SW-846 Method 8260B. Samples collected from monitoring wells MW-22 and MW-23, located adjacent to the debris pile, were also analyzed for the presence of priority pollutant metals.

MINERAL SPRINGS ENVIRONMENTAL, P.C. October 2004 Effectiveness Monitoring Report Former Asheville Dyeing and Rnishing Faality

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I

•• I I I I I I I ,. I I I I I I I 1• I

Laboratory analytical results and chain-of-custody records for the October 2004 groundwater sampling event are included as Appendix A and summarized in Drawings 7 through 15 and Tables 2, 3 and 4. Historical data for the effectiveness monitoring wells listed above are included as Table 4. Graphs showing historical trends of effectiveness monitoring wells are included in Appendix B.

The DWM Hazardous Waste Section (HWS) uses the North Carolina Groundwater Quality Standards (NCGWQS) as a guideline for groundwater impacted with VOCs. Samples collected from wells MW-22 and MW-23, adjacent to the debris pile, did not contain any metals at concentrations exceeding their respective NCGWQS. In addition, no voes were detected at concentrations at or above the laboratory practical quantitation limit (PQL).

The primary constituents of concern present in groundwater include PCE and its biodegradation products of trichloroethene (TCE) and cis-1,2-dichloroethene ( cis-1,2-DCE). In addition, bromodichloromethane, chloroform, and 1,2-dichloropropane were detected in selected wells in this event (Table 2).

PCE was detected in 32 of the 40 samples collected at concentrations at or above the NCGWQS of 0.7 micrograms per liter (µg/L). Concentrations range from 970 µg/L (RW-1) to 0.82 µg/L (MW-15s). TCE was present in 11 samples at concentrations above the NCGWQS of 2.8 µg/L. The TCE concentrations ranged from 39.2 µg/L (RW-1) to 3.72 µg/L (OW-li). Cis-1,2-DCE was not present in any of the wells at a concentration exceeding the NCGWQS of 70 µg/L.

MSE has prepared estimated isoconcentration maps for the PCE, TCE, and cis-1,2-DCE for the shallow, intermediate, and deeper aquifer horizons. These maps are included as Drawings 7 through 15. The extent of PCE impact above NCGWQS extends from the AD&F facility to the Swannanoa River and widens out with depth within the fractured bedrock unit. The vertical and lateral extent of groundwater impacted with TCE and cis-1,2-DCE is similar in shape and PCE impact. This is expected since these compounds are present due to the biodegradation of the PCE.

3.2 Air Sampling

A MSE representative collected air samples from SVE 1 and SVE 2 on October 28, 2004. Previously, air sampling was conducted on a monthly basis. However, since removal rates have stabilized, air samples are now being collected on a quarterly basis. The air samples are collected from the sampling port located on the effluent stack at each blower. Using a syringe, air is pulled into a canister and submitted to Microseeps located in Pittsburgh, Pennsylvania for analysis. The air samples were analyzed for voes according to Method AM4.02.

The air sample collected from SVE 1 and SVE 2 in October 2004 did not exhibit PCE above the laboratory PQL. Laboratory analytical results and chain-of-custody records for the October 2004 are sampling activities are included as Appendix C and summarized in Table 5. Table 5 also contains historical air sample analytical results.

MINERAL SPRINGS ENVIRONMENTAL, P.C. October 2004 Effectiveness Monitoring Report Former AsheVllle Dyeing and Finishing Fadlity

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4 SVE EFFLUENT AND GROUNDWATER QUALITY TRENDS

4.1 SVE Effluent Air Quality Trends

The laboratory analytical results for the two air samples (SVE 1 and SVE 2) did not reveal the presence of VOCs above the laboratory detection limit. However during the operation of each remediation system the effluent concentrations have varied. Historically, effluent from the two systems has revealed the presence of voes. Overall the measured voe emissions have resulted in the removal of approximately 133 gallons of PCE material (Tables 6 and 7).

4.2 Groundwater Quality Trends

PCE concentrations decreased in five of the 12 groundwater monitoring wells that were also sampled in July 2004. However, PCE concentrations increased in six of these monitoring wells over the same period. TCE concentrations decreased in only two groundwater monitoring wells sampled also in July 2004. However, TCE concentrations increased in five of these monitoring wells.

TCE and cis-1,2-DCE are breakdown products of PCE and their presence indicates that biodegradation is occurring. The absence of vinyl chloride indicates that conditions are not favorable for the complete breakdown of the PCE to the final degradation products of carbon dioxide and water.

5 CQNCLUSIONS AND RECOMMENDATIONS

PCE concentrations decreased in five of the fourteen effectiveness groundwater monitoring wells which were also sampled in July 2004. PCE concentrations have increased since the July 2004 sampling event in six of the wells. The largest increase was noted in well MW-6s (148 µg/L). The sharpest decrease was noted in well MW-12i (102 µg/L}.

The analytical results for the two air effluent samples did not indicate the presence of PCE above the laboratory detection limit. However, this is not indicative of the effectiveness of the remediation system but could be the result of a decrease in the volume of PCE in the groundwater.

Implementation of the remediation systems meets the ultimate objective of the Resource Conservation and Recovery Act, which is corrective action of impacted groundwater. RS-1 and RS-2 should continue to be operated to further reduce the concentrations of PCE and other voes located on the AD&F property. Continued reduction in source area contaminant concentrations is expected to reduce the horizontal and vertical migration of the contaminants of concern. MSE recommends that monthly operation and maintenance checks be continued to facilitate optimum system performance. In addition, quarterly air and groundwater sampling should be continued to monitor the performance and effectiveness of the remediation systems.

MINERAL SPRINGS ENVIRONMENTAL, P.C. October 2004 Effectiveness Monitoring Report Former Asheville Oyelng and Rnlshing Fadhly

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I 1 .• I I I I I I I 1• I I I I I I I 1• I

6 UMJTATIONS

The opinions induded in this report are applicable only on the specific portions of the site addressed and described. The opinions are based on the data collected on the days specified using the methods described. If additional data becomes available, we request the opportunity to review and modify the conclusions and recommendations included in this report, if warranted. This report is for the sole use of Water Applications and Systems Corporation, and is to be used in its entirety. Use by other parties will be at their sole risk and without liability to Mineral Springs Environmental, P.C.

Respectfully Submitted,

Mineral Springs Environmental, P.C.

Kathleen A. Roush, LG. Senior Geologist

tpvt.~ Kirk B. Pollard, L.G. President

MINERAL SPRINGS ENVIRONMENTAL, P.C. October 2004 Effectiveness Monitoring Report Fonner Asheville Dyeing and Finishing Faa7ity

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Exhibit 1-2 2005-03-11 - January 2005 Quarterly


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It I JANUARY 2005 QUARTERLY I EFFECTIVENESS MONITORING REPORT

I I I I I It I I I I I I I ,

FORMER ASHEVILLE DYEING AND FINISHING FACILITY WARREN WILSON COLLEGE ROAD

SWANNANOA, BUNCOMBE COUNTY, NORTH CAROLINA NCD 070 619 663 MARCH l l, 2005

MSE JOB NO. 123

Prepared For: MR. JOHN COYNE

WATER APPLICATIONS & SYSTEMS CORPORATION 14950 HEATHROW FOREST PARKY/AV, SUITE 200

HOUSTON, TEXA.5, 77032

542

m1NERAL SPRINGS

envlionmentel, p.c.

Mineral Springs Environmental, P.C. 4600 Mineral Springs Lone


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TABLE OF CONTENTS

1 BACKGROUND


2.1 REMEDIATION SYSTEM #1 (RS-1)

2~2 REMEDIATION SYSTEM #2 (RS-2)

2.3 SYSTEM PERFORMANCE

a REMEDIADON svmM EFFECDVENESS

3.1 GROUNDWATER SAMPLING

3.2 AIR SAMPLING


~ CONCLUSIONS AND RECOMMENDATIONS

§ UMITATION5

DRAWINGS

Drawing 1 Drawing 2 Drawing 3 Drawing 4 Drawing 5

Drawing 6

TABLES

Table 1 Table 2

Topographic Site Map Site Map Layout of Air Sparge and Soil Vapor Extraction Systems Tetrachloroethene Isoconcentration Map - Shallow Aquifer (January 2005) Tetrachloroethene Isoconcentration Map -

Intermediate Zone (January 2005) Trichloroethene Isoconcentration Map -

Intermediate Zone (January 2005)

January 2005 Groundwater Analytical Results Historical Groundwater Analytical R~ults

APPENDICES

Appendix A Appendix B

Groundwater Laboratory Analytical Results and Chain-of-Custody Groundwater Concentration Versus lime Graphs

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• I I I I I I I

-I

JANUARY 2005 QUARTERLY EFFECTIVENESS MONITORING REPORT

FORMER ASHEVILLE DYEING AND FINISHING FACILITY Warren Wilson College Road

Swannanoa, Buncombe County, North carolina March 11, 2005

1 BACKGROUND

Asheville Dyeing and Finishing (AD&F) removed one waste tetrachloroethene (PCE) underground storage tank (UST) and one virgin PCE UST in April 1985 from their site located in Swannanoa, North Carolina (Drawings 1 and 2). The location of the former waste PCE UST was designated as a hazardous waste management unit (HWMU) by the North carolina Department of Environment and Natural Resources, Division of Waste Management (DWM).

An administrative Order of Consent (AOC) was issued to AD&F by the DWM on October 11, 1990. The AOC required AD&F to close the HWMU and address the horizontal and vertical extent of groundwater impact. The HWMU was closed by AD&F in late 1992 and seven phases of groundwater assessment have been conducted to delineate the extent of PCE-impacted groundwater.


Mineral Springs Environmental, P .C. (MSE) was contracted by Water Applications & Systems Corporation, the current responsible party for the site, to continue the operation of the system and conduct monitoring events. This report documents performance and effectiveness of the remediation systems, groundwater sampling activities, the associated analytical results, and groundwater quality trends.

2 REMEDIAL AcnvmEs

2.1 Remediation System #1 CRS-1)


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In May 2001, a second remediation system, RS-2 was Installed to remediate a previously identified area of groundwater impact originating to the north of the manufacturing facility. Nineteen AS points were installed in the area east and northeast of the existing manufacturing building (Drawing 3). Generally, the 19 AS points were installed in two separate rows. The AS points were equipped with a 1-foot stainless steel screen and 3/4-inch galvanized pipe riser.

In addition to the AS points, 21 SVE wells were installed along the east and portions of the northeast and southwest building walls to restrict vapors from entering the building (Drawing 3). The SVE wells were installed to depths of between 10 and 12 feet BLS and constructed of 2-inch PVC with 5 feet of 0.10-inch mechanically slotted screen. Additionally, one SVE trench approximately 530 feet long, was installed to assist in the removal of volatilized PCE from the subsurface.



From October 28, 2004 through January 4, 2005, RS-1 and RS-2 continued normal operation with no system shutdowns occurring in the past three months. Operation and maintenance activities are conducted monthly to optimize remediation system performance. Additionally, the effluent discharge flow rate from each SVE blower is measured monthly using an anemometer.

On January 4, 2005, the flow rate associated with the SVE blower discharge from RS-1 (SVE 1) was approximately 830 CFM with a temperature of approximately 100 degrees Fahrenheit at approximately 3.5 inches of mercury. On January 4, 2005, the flow rate associated with the SVE blower discharge from RS-2 (SVE 2) was approximately 308 CFM with a temperature of approximately 100 degrees Fahrenheit at approximately four inches of mercury.

MINERAL SPRINGS ENVIRONMENTAL, P.C. January 2005 Effectiveness Monitoring Report Former Ashevt1/e Dyeing and Finishing Facility

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3 REMEDIAUON $YSTEM EFFECUVENES$

The effectiveness of each groundwater remediation system is evaluated voluntarily on a quarterly basis by testing the PCE content in air samples collected from the SVE system effluent and groundwater samples collected from the on-site monitoring wells. The analytical results for the groundwater samples are presented below.


MSE performed the January 2005 groundwater sampling event to monitor the effectiveness of the on-going voluntary groundwater remediation systems. The effectiveness of the remediation systems is evaluated by monitoring the groundwater monitoring wells MW-4s, MW-4i, MW-Ss, MW-Si, MW-6s, MW-6i, MW-7s, MW-lli, MW-12s, MW-12i, MW-13s, MW-lSs, OW-li, and OW-2i.

The groundwater samples were collected in accordance with procedures outlined in the site Sampling and Analysis Plan and the samples were transported under chain-ofcustody to Paradigm Analytical Laboratories, Inc. located in Wilmington, North Carolina and analyzed for volatile organic compounds according to SW-846 Method 82608.

Laboratory analytical results and chain-of-custody records for the January 2005 groundwater sampling event are included as Appendix A and summarized in Drawings 4 through 6, and Table 1. . Historical data for the effectiveness monitoring wells listed above are included as Table 2. Graphs showing historical trends of effectiveness monitoring wells are included in Appendix B.

The DWM Hazardous Waste Section (HWS) uses the North Carolina Groundwater Quality Standards (NCGWQS) as a guideline for groundwater impacted with VOCs. The primary constituents of concern present in groundwater include PCE and its biodegradation products of trichloroethene {TCE) and cis-1,2-dichloroethene (cis-1,2-DCE). Of the weils sampled as part of this event, PCE was detected in all the wells except MW-7s and MW-15s. Concentrations of PCE ranged from 0.43 µg/L (MW-Ss) to 206 µg/L (MW-6s). TCE was present in samples collected from MW-Si, MW-6s, MW-6i, MW-lli, MW-12i, and OW-2i at concentrations above the NCGWQS of 2.8 µg/L. The TCE concentrations ranged from 5.05 µg/L (OW-2i) to 9.10 µg/L (MW-6s). Cis-1,2-DCE was present in several of the wells, but at concentrations below the NCGWQS of 70 µg/L.

MSE has prepared estimated isoconcentration maps for PCE and TCE. These include PCE isoconcentration maps for the shallow and intermediate aquifer horizons (Drawings 4 and 5) and an isoconcentration map of TCE in the intermediate zone (Drawing 6). As part of the previous quarterly event, samples were collected from nearly all the groundwater monitoring wells. This data was used to prepare isoconcentration maps showing the current lateral and vertical extent of the groundwater plume. These maps, showing PCE impact were updated with the January 2005 data. The extent of PCE

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impact above NCGWQS extends from the AD&F facility to the Swannanoa River and widens out with depth within the fractured bedrock unit. The vertical and lateral extent of groundwater impacted with TCE and cis-1,2-DCE is similar in shape and PCE impact. This is expected since these compounds are present due to the biodegradation of the PCE.

3.2 Air Samolinq

Previously, air sampling was conducted on a monthly basis. However, since removal rates have stabilized, air samples are now being collected on a quarterly basis. A MSE representative collected air samples from SVE 1 and SVE 2 in February 2005. The air samples are collected from the sampling port located on the effluent stack at each blower. Using a syringe, air is pulled into a canister and submitted to Microseeps located in Pittsburgh, Pennsylvania for analysis. These air sampling results will be included and discussed in the next quarterly sampling report.

4 GROUNDWATER QUALITY TRENDS

PCE concentrations decreased in all the groundwater monitoring wells except one (OW-2i) that were also sampled in October 2004. However, TCE concentrations increased in all but three (MW-1 li, MW-12i, and OW-li) of these same groundwater monitoring wells over the same period. Cis-1,2-DCE concentrations remain below the NCGWQS in all the wells sampled.



PCE concentrations decreased in all but one of the effectiveness groundwater monitoring wells which were also sampled in October 2004. The largest decrease was noted in well MW-6s (149 µg/L). The only increase was noted in well OW-2i (60 µg/L).


MINERAL SPRINGS ENVIRONMENTAL, P.C. January 2005 Effectiveness Monitoring Report Fonner Asheville Dyeing and Finishing Fadlity

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6 UMITADONS

The opinions induded in this report are applicable only on the specific portions of the site addressed and described. The opinions are based on the data collected on the days specified using the methods described. If additional data becomes available, we request the opportunity to review and modify the conclusions and recommendations included in this report, if warranted. This report is for the sole use of Water Applications and Systems Corporation, and is to be used in its entirety. Use by other parties will be at their sole risk and without liability to Mineral Springs Environmental, P.C.


Kathleen A. Roush, LG. Senior Geologist

MINERAL SPRINGS ENVIRONMENTAL, P.C. January 2005 Effectiveness Monitoring Report Former Asheville Dyeing and Finishing Facility

548

March 11, 2005 Pages

- Doc. Ex. 610 -

C1-636

Exhibit 1-3 2005-03-11 - January 2005 Semi-Annual PostClosure Care Groundwater Monitoring Report

549

•

•

- Doc. Ex. 611 -

C1-637

.----....----------··••« ..... .

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-

JANUARY 2005 SEMI-ANNUAL POST-CLOSURE CARE GROU-NDWATER

MONITORING REPORT

FORMER ASHEVILLE DYEING AND FINISHING FACILITY WARREN WILSON COLLEGE ROAD

SWANNANOA, BUNCOMBE COUNTY, NORTH CAROLINA NCO 070 619 663 MARCH 11, 2005

MSE JOB NO. 123

.. "'• l5 ' ~ :· .. ~ .. : .. . . , -· ._

,... .. ·;

~ ··'· ·-· ......... -....... - . - -· '· .. Prepared For: MR. JOHN COYNE

WATER APPLICATIONS & SYSTEMS CORPORATION ·· ·14950 HEATHROW FOREST PARKWAY, SUITE 200

HOUSTON, TEXAS, 77032

550

m1NERAL SPRINGS

envlronmentlll. p.c.

Mineral Springs Environmental, P.C. 4600 Mineral Springs Lane


- Doc. Ex. 612 -

C1-638


TABLE OF CONTENTS

! INTRODUCTlON

.2 FIELD ACTIVITIES

2.1 WATER lEVEL MEASUREMENTS

2.2 GROUNDWATER SAMPLING ACTIVITIES

~ GROUNDWATER ANALYTICAL RESULTS

~ SUMMARY

~ LIMITATIONS

DRAWINGS


TABLES

Topographic Site Map Site Map Estimated Water Table Contour Map (January 2005) Estimated Groundwater Flow - Intermediate Zone (January 2005) Estimated Groundwater Flow - Deep Zone (January 2005)

Table 1 Water Level Measurements - January 4, 2005 Table 2 Historical Groundwater Analytical Results

APPENDIX

Appendix Groundwater Laboratory Analytical Results and Chain-of-Custody

551

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1 2

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2

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JANUARY 2005 SEMI-ANNUAL POST-CLOSURE CARE GROUNDWATER MONITORING REPORT


Swannanoa, Buncombe County, North carolina March 11, 2005

INTRODUCTION

Mineral Springs Environmental, P.C. (MSE) has completed the January 2005 semi-annual post-closure groundwater monitoring activities at the former Asheville Dyeing and Finishing (AD&F) site in Swannanoa, North Carolina (Drawing 1). MSE was contracted by Water Applications & Systems Corporation, the responsible party for the site. The semiannual monitoring activities included collecting depth to groundwater measurements from 30 monitoring wells and two observation wells. Groundwater samples were collected from one hydraulically upgradient (background) monitoring well (MW-2s) and three monitoring wells {MW-12s, MW-12i, and MW-13s) located hydraulically downgradient from the former waste tetrachloroethene (PCE) underground storage tank (UST). Drawing 2 indicates the locations of the monitoring wells, the former UST, and other relevant site features. Groundwater monitoring activities were conducted in accordance with the requirements of the current Post-Closure Care Plan (PCCP), the approved Sampling and Analysis Plan, and applicable requirements of 40 CFR 265, Subpart F and G.

2 FIELD ACTIVUIES

2.1 Water Level Measurements

On January 4, 2005, MSE visited the site to collect groundwater samples from four monitoring wells (MW-2s, MW-12s, MW-12i, and MW-13s). Prior to sampling, depth to groundwater measurements were collected from 30 monitoring wells and two observation wells using an electronic water level probe. Groundwater elevations were calculated by subtracting the depth to water measurement from the pre-determined top of casing elevation (Table 1).

An estimated water table contour map, using water level data collected from the shallow monitoring wells is shown on Drawing 3. As shown on Drawing 3, groundwater is migrating in a southeasterly direction below the site at a hydraulic gradient of approximately 0.02 feet per foot. This flow direction is consistent with previous flow directions calculated for the shallow monitoring wells. There is a slight decrease in gradient immediately beneath the southern end of the facility, which is likely due to the operation of the air sparge groundwater remediation system. The operation of the system has resulted in some slight mounding of groundwater in this area.

552

- Doc. Ex. 614 -

C1-640


An estimated water table contour map, using water level data collected from the intermediate depth ·monitoring wells is shown on Drawing 4. As shown on Drawing 4, groundwater is migrating in a southeasterly direction below the site at a hydraulic gradient of approximately 0.018 feet per foot. This flow direction is consistent with previous flow directions calculated for this unit and with the groundwater flow direction observed in the water table wells.

Groundwater levels in the deep wells are shown on Drawing 5. MSE has contoured these values. However, the wells within the deep unit are screened across individual fractures within the bedrock material. This may likely impact the groundwater elevation data

. obtained. The groundwater elevation data indicates that groundwater is also flowing toward the southwest within the fractured bedrock unit.

2.2 Groundwater Sampling Activities

After collecting the depth to groundwater measurements, the wells were purged using new disposable polyethylene bailers and new nylon rope. A total of three well volumes were purged from each monitoring well prior to collecting the groundwater samples. On January 4, 2005, groundwater samples were collected from the monitoring wells MW-2s, MW-12s, MW-12i, and MW-13s. Samples were decanted into pre-labeled, laboratory supplied containers, packed on ice and shipped to Paradigm Analytical Laboratories, Inc. (Paradigm) in Wilmington, North carolina. The groundwater samples were analyzed for volatile organic compounds (VOCs) in accordance with EPA SW-846 Method 82606.

3 GROUNDWATER ANALYTICAL RESULT$

The laboratory analytical report for the January 2005 groundwater sampling event is contained in the Appendix and summarized in Table 2. As summarized, voes were not detected in the sample collected from MW-2s. PCE was detected in samples collected from MW-12s, MW-12i, and MW-13s at concentrations of 6.39 micrograms per liter (µg/L), 74.8 µg/L, and 22.7 µg/L, respectively. These concentrations exceed the North Carolina Groundwater Quality Standard (NCGWQS) for PCE of 0.7 µg/L.

Trichloroethene (TCE) was detected in the sample collected from MW-12i at a concentration of 3.48 µg/L, exceeding the NCGWQS of 2.8 µg/L. Cis-1,2-dichloroethene (DCE) was detected in samples collected from MW-12s (0.22 µg/L), MW-12i (15.3 µg/L), and MW-13s (4.96 µg/L) at concentrations below the NCGWQS of 70 µg/L. Historical groundwater results are summarized in Table 2.

MINERAL SPRINGS ENVIRONMENTAL, P.C. January 2005 Post-Oosure Core Monitoring Report Former Asheville Dyeing and Rnishing Facility

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4 SUMMARY

MSE includes the following summary of field activities and associated analytical results:

• Groundwater elevation data indicates that groundwater flow in the shallow, intermediate, and deep groundwater bearing zones is toward the southeast. This is consistent with previous groundwater flow determinations. Additionally, the calculated hydraulic gradients are consistent with past determinations.

• No target compounds were detected in the groundwater sample collected from background well MW-2s.

• PCE was detected in the groundwater samples from MW-12i and MW-13s at a significantly lower concentration than the previous semi-annual sampling event. The PCE detected in monitoring well MW-12s was similar to the concentration detected during the previous sampling event.

• TCE was only detected in monitoring well MW-12i. The compound DCE was detected in monitoring wells MW-12s, MW-12i and MW-13s at concentrations below the NCGWQS.

• PCE and DCE were detected in the groundwater sample collected from MW-13s at lower concentrations than the previous semi-annual groundwater sampling event.

MSE will conduct the next semi-annual post-closure monitoring event in July 2005.

S LIMITATIONS

The opinions induded in this report are applicable only on the specific portions of the site addressed and described. The opinions are based on the data collected on the days specified using the methods described. If additional data becomes available, we request the opportunity to review and modify the conclusions and recommendations included in this report, if warranted. This report is for the sole use of Water Applications and Systems Corporation, and is to be used in its entirety. Use by other parties will be at their sole risk and without liability to Mineral Sprtngs Environmental, P .C.

Kathleen A. Roush, L.G. Senior Geologist

MINERAL SPRINGS ENVIRONMENTAL, P.C. January 2005 Post-Oosure Care Monitoring Report Fonner Asheville Dyeing and Finishing Fadlity

554 March 11, 2005

Page3

- Doc. Ex. 616 -

C1-642

Exhibit 1-4 2005-07-29 -April 2005 Quarterly Effectiveness Monitoring Report

555

•

•

•

- Doc. Ex. 617 -

C1-643

m1NERAL • SPRINGS

4600 Mineral Springs Lane• Raleigh, NC 27616 • 919.261.8186 •Fax 919.261.8299

,,,,~'].62728<_

•

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environmental, p.c.

July 29, 2005

Mr. Larry Stanley, P.G. Hazardous Waste Section NCDENR, Division of Waste Management 1646 Mail Service Center Raleigh, NC 27699-1646

Subject: April 2005 Quarterly Effectiveness

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Monitoring Report *1 Former Asheville Dyeing and Finishing Facility

Swannanoa, North Carolina NCO 070 619 663 MSEJob 123

Dear Mr. Stanley:

Attached are three copies of the April 2005 Quarterly Effectiveness Monitoring Report for the site referenced above. If you have any questions regarding the attached report or the site, please contact me at (919) 261-8186.

Sincerely,


Kathleen A. Roush, LG. Principal Geologist

123/ April 05 QUy/kr

556

- Doc. Ex. 618 -

C1-644

I I I I I I I I I I I I .1 I I I I I I

APRIL 2005 QUARTERLY EFFECTIVENESS

MONITORING REPORT

FORMER ASHEVILLE DYEING AND FINISHING FACIUlY WARREN WILSON COLLEGE ROAD

SWANNANOA, BUNCOMBE COUNTY, NORTH CAROLINA NCD 070 619 663

JULY 29, 2005 NSF.JOB N0.123

Prepared For: MR. JOHN COYNE


14950 HEATHROW FOREST PAR'r<Y//AY, SUITE 200


557

MINERAL SPRINGS ENVIRONMENTAL, P.C 4600 MINERAL SPRINGS LANE

RALBGH, NORTH CAROLINA, 27616 919.261.8186

~~-~----=====--==-i I 11 INERAL !I PRINGS i I i i envlruimental. p.c. I

- Doc. Ex. 619 -

C1-645

- Doc. Ex. 620 -

C1-646

- Doc. Ex. 621 -

C1-647

- Doc. Ex. 622 -

C1-648


3 REMEDIATION SYSTEM EFFECTIVENESS

The effectiveness of each groundwater remediation system is evaluated voluntarily by testing the PCE content in air samples collected from the SVE system effluent and groundwater samples collected from the on-site monitoring wells. The analytical results for the groundwater samples are presented below.

3.l Groundwater Sampling

MSE performed the April 2005 groundwater sampling event to monitor the effectiveness of the on-going voluntary groundwater remediation systems. The effectiveness of the remediation systems is evaluated by monitoring the groundwater monitoring wells MW-4s, MW-4i, MW-Ss, MW-Si, MW-6s, MW-6i, MW-7s, MW-Ui, MW-12s, MW-12i, MW-13s, MW-15s, OW-1i, and OW-2i.


Laboratory analytical results and chain-of-custody records for the April 2005 groundwater sampling event are included as Appendix A and summarized in Drawings 4 and 5, and Table 1. Historical data for the effectiveness monitoring wells listed above are included as Table 2. Graphs showing historical trends of effectiveness monitoring wells are included in Appendix B.

The DWM Hazan::lous Waste Section (HWS) uses the North Carolina Groundwater Quality Standards (NCGWQS) as a guideline for groundwater impacted with VOCs. The primary constituents of concern present in groundwater include PCE and its biodegradation products of trichloroethene {TCE) and cis-1,2-dichloroethene (cis-1,2-DCE). Of the wells sampled as part of this event, PCE was detected in all the wells sampled. Concentrations of PCE ranged from 3.73 µg/L (MW-7s) to 380 µg/L (MW-6s). TCE was present in samples collected from MW-Si, MW-6s, and MW-Ui at concentrations above the NCGWQS of 2.8 µg/L. The TCE concentrations ranged from 0.34 µg/L (MW-4i) to 19.6 µg/L (MW-6s). Cis-1,2-DCE was present in several of the wells, but at concentrations below the NCGWQS of 70 µg/L.

MSE has prepared estimated isoconcentration maps for PCE in the shallow and intermediate aquifer horizons (Drawings 4 and 5). As part of the October 2004 quarterly event, samples were collected from nearly all the groundwater monitoring wells. This data was used to prepare isoconcentration maps showing the current lateral and vertical extent of the groundwater plume. These maps, showing PCE impact were updated with the April 2005 data. The extent of PCE impact above NCGWQS extends from the AD&F facility to the Swannanoa River and widens out with depth within the fractured bedrock unit.

MINERAL SPRINGS ENVIRONMENTAL, P.C. April 2005 Effectiveness Monitoring Report Former Asheville Dyeing and Finishing Facility

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July 29, 2005 Page3

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• ..... ····-----··-···-·-----------------------

- Doc. Ex. 623 -

C1-649

,-----------------------------------------

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3.2 Air Sampling

Previously, air sampling was conducted on a monthly basis. However, since removal rates have stabilized, air samples are now being collected on a semi-annual basis. An MSE representative will collect air samples from each system during the July sampling event. These air sampling results will be included and discussed in the next quarterly sampling report.

4 GROUNDWATER QUALITY TRENDS

PCE concentrations increased in all the groundwater monitoring wells except four (MW-6i, MW-12i, MW-13s, and OW-2i) since the previous sampling event was conducted in January 2005. Over this same period, TCE concentrations increased in four wells (MW-5i, MW-6s, MW-lli, and OW-li). Cis-1,2-DCE concentrations remain below the NCGWQS in all the wells sampled. ·

TCE and cis-1,2-DCE are breakdown products of PCE-and their presence indicates that biodegradation is occurring. The absence of vinyl chloride indicates that conditions are not favorable for the complete breakdown of the PCE to the final degradation products of carbon dioxide and water.


Overall, PCE concentrations have remained relatively similar in the effectiveness groundwater monitoring wells over the last two to three years. PCE concentrations in OW-li range from approximately 50 to 100 µg/L. Concentrations of PCE in OW-2i range from 100 to 150 µg/L.


MINERAL SPRINGS ENVIRONMENTAL, P.C. April 2005 Effectiveness Monitoring Report Former Asheville Oyeing and Finishing Facility

562

July 29, 2005 Page4

- Doc. Ex. 624 -

C1-650


6 UMUATlONS

The opinions included in this report are applicable only on the specific portions of the site addressed and described. The opinions are based on the data collected on the days specified using the methods described. If additional data becomes available, we request the opportunity to review and modify the conclusions and recommendations included in this report, if warranted. This report is for the sole use of Water Applications and Systems Corporation, and is to be used in its entirety. Use by other parties will be at their sole risk and without liability to Mineral Springs Environmental, P .C.



MINERAL SPRINGS ENVIRONMENTAL, P.C. April 2005 Effectiveness Monitoring Report Former Asheville Dyeing and Finishing Facility

563

July 29, 2005 Pages

•

•

•

- Doc. Ex. 625 -

C1-651

•

•

•

Exhibit 1-5 2005-11-09 - July 2005 Quarterly Effectiveness Monitoring Report

564

- Doc. Ex. 626 -

C1-652

I I I I I I I I· I

:1 I I I I I I I I

JULY2005 QUARTERLY EFFECTIVENESS

MONITORING REPORT

FORMER ASHEVILLE DYEING AND. ANISHING FACILITY WARREN WILSON COLLEGE ROAD

SWANNANOA, BUNCOMBE COUNTY, _,.-- ;• J'!.,:..w::-·;-·- .... • •

.. ,i'?,L·~·~'IGJ>~> : NORTH CAROLINA .<· + ~,.&

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Hazardous willt~e ,._, ., Section ~ . 4' /'" 0)1:, · Le or cz ~-"~

NCD070619663 NOVEMBER 9, 2005

MSEJOB NO. 123

Prepared For:

~.JOHN COYNE

WAlER APPLICATIONS & SYSTEMS CORPORATION

14950 HEATI-lROW FOREST PARKWAY, SUITE 200


565

MINERAL SPIUNGS Et-MRONMENTAL, P.C. 4600 MNERAL SPRINGS LANE

RAJBGl-I, NORTH CARa.JNA, 27616 919.261.8186

m1NERAL SPRINGS

environmental, p.c.

- Doc. Ex. 627 -

C1-653

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~ I I I I I I

It I

TABLE OF CONTENTS

.l BACKGROUND


2.1 REMEDIATION SYSTEM #1 (RS·l)

2.2 REMEDIATION SYSTEM #2 (RS-2)

2.3 SYSTEM PERFORMANCE

a REMEDIATION SYSTEM EFFECTIVENESS

3.1 GROUNDWATER SAMPUNG

3.2 AIR SAMPUNG


4 .1 SVE EFFLUENT AIR QUALITY TRENDS

4.2 GROUNDWATER QUAUlY TRENDS


§ LIMITATIONS

DRAWINGS


TABLES

Table 1 Table 2 Table 3 Table4 Table 5

Topographic Site Map Site Map Layout of Air Sparge and Soil Vapor Extraction Systems Tetrachloroethene Isoconcentration Map - Shallow Aquifer (July 2005) Tetrachloroethene Isoconcentration Map -

Intermediate Zone (July 2005)

July 2005 Groundwater Analytical Results Historical Groundwater Analytical Results Blower Effluent Air Sample Analytical Results Total Mass of PCE Removed - SVE 1 Total Mass of PCE Removed - SVE 2

APPENDit§

Appendix A Appendix B Appendix C

Groundwater Laboratory Analytical Results and Chain-of-Custody Groundwater Concentration Versus Time Graphs Air Laboratory Analytical Results and Chain-of-Custody

566

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1

1 2

2

3

3 4

4

4 4

5

5

- Doc. Ex. 628 -

C1-654

-I I I I I I I I I I I I I I I I I I

1

JULY 2005 QUARTERLY EFFECTIVENESS MONITORING REPORT


Swannanoa, Buncombe County, North carolina November 9, 2005

BACKGROUND

Asheville Dyeing and Finishing (AD&F) removed one waste tetrachloroethene (PCE) underground storage tank (UST) and one virgin PCE UST in April 1985 from their site located in Swannanoa, ·North Carolina (Drawings 1 and 2). The location of the former waste PCE UST was designated as a hazardous waste management unit (HWMU) by the North Carolina Department of Environment and Natural Resources, Division of Waste Management (DWM).

An administrative Order of Consent (AOC) was issued to AD&F by the DWM on October 11, 1990. The AOC required AD&F to close the HWMU and address the horizontal and vertical extent of groundwater impact. The HWMU was closed by AD&F in late 1992 and seven phases of groundwater assessment have been conducted to delineate the extent of PCE-impacted groundwater.


Mineral Springs Environmental, P.C. (MSE) was contracted by Water Applications & Systems Corporation, the current responsible party for the site, to continue the operation of the system and conduct monitoring events. This report documents performance and effectiveness of the remediation systems, groundwater sampling activities, the associated analytical results, and groundwater quality trends.

2 REMEDIAL ACTIVITIES

2.1 Remediation System #1 (RS-1)


567

•

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In May 2001, a second remediation system, RS-2 was installed to remediate a previously identified area of groundwater impact originating to the north of the manufacturing facility. Nineteen AS points were installed in the area east and northeast of the existing manufacturing building (Drawing 3). Generally, the 19 AS points were installed in two separate rows. The AS points were equipped with a 1-foot stainless steel screen and 3/4-

inch galvanized pipe riser.

In addition to the AS points, 21 SVE wells were installed along the east and portions of the northeast and southwest building walls to restrict vapors from entering the building (Drawing 3). The SVE wells were installed to depths of between 10 and 12 feet BLS and constructed of 2-inch PVC with 5 feet of 0.10-inch mechanically slotted screen. Additionally, one SVE trench approximately 530 feet long, was installed to assist in the removal of volatilized PCE from the subsurface.



From April 20, 2005 through July 27, 2005, RS-1 and RS-2 continued normal operation with no system shutdowns occurring in that period. Operation and maintenance activities are conducted monthly to optimize remediation system performance. Additionally, the effluent discharge flow rate from each SVE blower is measured monthly using an anemometer.

On July 27, 2005, the flow rate associated with the SVE blower discharge from RS-1 (SVE 1) was approximately 595 CFM with a temperature of approximately 100 degrees Fahrenheit at approximately 4.5 inches of mercury. On July 27, 2005, the flow rate associated with the SVE blower discharge from RS-2 (SVE 2) was approximately 385 CFM with a temperature of approximately 100 degrees Fahrenheit at approximately four inches of mercury.

MINERAL SPRINGS ENVIRONMENTAL, P.C. July 2005 Effectiveness Monitoring Report Former Asheville Dyeing and Rnishing Facility

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November 9, 2005 Page2

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I I I I I I I I I I ti I I I I I I

3 · REMEDIATION SVSTEM EFFECTIVENESS

The effectiveness of each groundwater remediation system is evaluated voluntarily by testing the PCE content in air samples collected from the SVE system effluent and groundwater samples collected from the on-site monitoring wells. The analytical results for the groundwater samples are presented below.


MSE performed the July 2005 groundwater sampling event to monitor the effectiveness of the on-going voluntary groundwater remediation systems. The effectiveness of the remediation systems is evaluated by monitoring the groundwater monitoring wells MW-4s, MW-4i, MW-Ss, MW-Si, MW-6s, MW-6i, MW-7s, MW-Ui, MW-12s, MW-12i, MW-13s, MW-lSs, OW-li, and OW-2i.


Laboratory analytical results and chain-of-custody records for the July 2005 groundwater sampling event are included as Appendix A and summarized in Drawings 4 and 5, and Table 1. Historical data for the effectiveness monitoring wells listed above are included as Table 2. Graphs showing historical trends of effectiveness monitoring wells are included in Appendix B.

The DWM Hazardous Waste Section (HWS) uses the North Carolina Groundwater Quality Standards (NCGWQS) as a guideline for groundwater impacted with VOCs. The primary constituents of concern present in groundwater include PCE and its biodegradation products of trichloroethene (TCE) and cis-1,2-dichloroethene (cis-1,2-DCE). Of the wells sampled as part of this event, PCE was detected in all the wells sampled except MW-7s. Concentrations of PCE ranged from below the laboratory practical quantitation limit (PQL) (MW-7s) to 503 µg/L (MW-6s). TCE was present in samples collected from MWSi, MW-6s, MW-6i, and MW-Ui at concentrations above the NCGWQS of 2.8 µg/L. The TCE concentrations ranged from 0.30 µg/L (MW-13s) to 20.2 µg/L (MW-6s). Cis-1,2-DCE was present in several of the wells, but at concentrations below the NCGWQS of 70 µg/L.

MSE has prepared estimated isoconcentration maps for PCE in the shallow and intermediate aquifer horizons (Drawings 4 and 5). As part of the October 2004 quarterly event, samples were collected from nearly all the groundwater monitoring wells. This data was used to prepare isoconcentration maps showing the current lateral and vertical extent of the groundwater plume. These maps, showing PCE impact were updated with the July 2005 data. The extent of PCE impact above NCGWQS extends from the AD&F facility to the Swannanoa River and widens out with depth within the fractured bedrock unit.

MINERAL SPRINGS ENVIRONMENTAL, P.C. July 2005 £ffectjveness Monitoring Report Former Asheville Dyeing and Finishing Fadfity

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November~ 2005 Page3

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C1-657

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• I I I I I I I

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3.2 Air Sampling

A MSE representative collected air samples from SVE 1 and SVE 2 on July 27, 2005. Previously, air sampling was conducted on a monthly basis. However, since removal rates have stabilized, air samples are now being collected on a quarterly basis. The air samples are collected from the sampling port located on the effluent stack at each blower. Using a syringe, air is pulled into a canister and submitted to Microseeps located in Pittsburgh, Pennsylvania for analysis. The air samples were analyzed for voes according to Method AM4.02.

The air samples collected from SVE 1 and SVE 2 in July 2005 exhibited PCE above the laboratory PQL. PCE was present in the effluent from SVE-1 at a concentration of 0.0074 parts per million by volume (ppmv) and in SVE-2 at 0.11 ppmv. Laboratory analytical results and chain-of-custody records for the July 2005 sampling activities are included as Appendix C and summarized in Table 3. Table 3 also contains historical air sample analytical results.

4 SVE EFFLUENT AND GROUNDWATER QUALITY TRENDS

4.1 SVE Effluent Air Oualitv Trends

The laboratory analytical results for the two air samples (SVE 1 and SVE 2) revealed the presence of PCE above the laboratory detection limit. During the period of October 2004 to July 2005, 0.786 pounds of PCE was removed from system SVE-1 and 9.43 pounds of PCE from SVE-2. Overall the measured voe emissions have resulted in the removal of nearly 134 gallons of PCE material (Tables 4 and 5).

4.2 Groundwater Quality Trends

PCE concentrations decreased in all the groundwater monitoring wells except four (MW-6s, MW-6i, MW-lli, OW-2i) since the previous sampling event was conducted in April 2005. Over this same period, TCE concentrations increased in three wells (MW-6s, MW.: 6i, and OW-2i). Cis-1,2-DCE concentrations remain below the NCGWQS in all the wells sampled.


MINERAL SPRINGS ENVIRONMENTAL, P.C. July 2005 Effectiveness Monitoring Report Former Asheville Dyeing and Finishing Facility

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November .9, 2005 Page4

- Doc. Ex. 632 -

C1-658

I . I I I I I I I I I I I I I I I I I


Overall, PCE concentrations have remained relatively similar in the effectiveness groundwater monitoring wells over the last two to three years. PCE concentrations in OW-li range from approximately 30 to 100 µg/L. Concentrations of PCE in OW-2i range from 100 to 200 µg/L.


6 UMITADONS

The opinions included in this report are applicable only on the specific portions of the site addressed and described. The opinions are based on the data collected on the days specified using the methods described. If additional data becomes available, we request the opportunity to review and modify the conclusions and recommendations induded in this report, if warranted. This report is for the sole use of Water Applications and Systems Corporation, and is to be used in its entirety. Use by other parties will be at their sole risk and without liability to Mineral Springs Environmental, P.C.


MINERAL SPRINGS ENVIRONMENTAL, P.C. July ZOOS Effectiveness Monitonng Report Former Asheville Dyeing and Finishing Fadlity

571

November 9, 2005 Pages

•

•

•

- Doc. Ex. 633 -

C1-659

•

•

•

Exhibit 1-6 2005-11-09 - July 2005 Semi-Annual Post

Closure Care Groundwater Monitoring Report

572

- Doc. Ex. 634 -

C1-660

·s~~~~~ environmental, p.c. 4600 Mineral Springs Lane• Raleigh, NC 27616 • 919.261.8186 •Fax 919.261.8299

November 9, 2005

Mr. Larry Stanley, P.G. Hazardous Waste Section NCDENR, Division of Waste Management 1646 Mail Service Center Raleigh, NC 27699-1646

Subject: July 2005 Semi-Annual Post-Closure care Groundwater Monitoring Report

-#· Former Asheville Dyeing and Finishing Facility .if- Swannanoa, North Carolina .f· NCD 070 619 663

MSEJob123

Dear Mr. Stanley:

· Attached are three copies of the July 2005 Semi-Annual Post-Closure Care Groundwater Monitoring Report for the site referenced above. If you have any questions regarding the attached report or the site, please contact either of the undersigned at (919) 261-8186.

Sincerely,


Kathleen A. Roush, L.G. Principal Geologist

123/July 05 Semi/kr

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C1-661

JULY2005 SEMI-ANNUAL POST-CLOSURE

CARE GROUNDWATER MONITORING REPORT

FORMER ASHEVILLE DYEING AND ANISHING FACILITY WARREN WILSON COLLEGE ROAD

SWANNANOA, BUNCOMBE COUNTY, NORTH CAROLINA NCO 070 619 663

NOVEMBER 9, 2005 MSE JOB NO. 123

Prepared For: f'.iR. JOHN COYNE


14950 HEATHROW FOREST PMJ<Yl./AY, SUITE 200 HOUSTON, TEXAS, 77032

574

MINERAL SPRINGS El'MRONMENTAJ., P.C. 4600 MINERAL SPRINGS LANE

RAIBGH, NORTH CARa.INA, 27616 919.261.8186

m1NERAL SPRINGS

environmental, p.c. ... -:· ~ .~ : ; . ·.:-. ·, .. : . . .

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C1-662

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TABLE OF CONTENTS

! INTRODUCilON

1 FIELD ACTIVmES

2.1 WATER LEVEL MEASUREMENTS

2.2 GROUNDWATER SAMPLING ACTIVITIES

3 GROUNDWATER ANALYTICAL RESULTS

~ SUMMARY·

5 UMITATIQN5

DRAWINGS


TABLES

Table 1 Table 2

APPENDIX

Appendix

Topographic Site Map Site Map Estimated Water Table Contour Map (July 2005) Estimated Groundwater Flow - Intermediate Zone (July 2005) Estimated Groundwater Flow - Deep Zone (July 2005)

Water Level Measurements-July 26-27, 2005 Historical Groundwater Analytical Results

Groundwater Laboratory Analytical Results and Chain-of-Custody

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C1-663

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JULY 2005 SEMI-ANNUAL POST-CLOSURE CARE GROUNDWATER MONITORING REPORT


Swannanoa, Buncombe County, North Carolina November 9, 2005

INTRODUC110N

Mineral Springs Environmental, P.C. (MSE) has completed the July 2005 semi-annual post-closure groundwater monitoring activities at the former Asheville Dyeing and Finishing (AD&F) site in Swannanoa, North Carolina (Drawing 1). MSE was contracted by Water Applications & Systems Corporation, the responsible party for the site. The semiannual monitoring activities included collecting depth to groundwater measurements from 34 monitoring wells and two observation wells. Groundwater samples were collected from one hydraulically upgradient (background) monitoring well (MW-2s) and three monitoring wells (MW-12s, MW-12i, and MW-13s) located hydraulically downgradient from the former waste tetrachloroethene (PCE) underground storage tank (UST). Drawing 2 indicates the locations of the monitoring wells, the former UST, and other relevant site features. Groundwater monitoring activities were conducted in accordance with the requirements of the current Post-Closure care Plan (PCCP), the approved Sampling and Analysis Plan, and applicable requirements of 40 CFR 265, Subpart F and G.

2 FIELD Acnvmes

2.1 Water Level Measurements

On July 26, 2005, MSE visited the site to collect groundwater samples from four monitoring wells (MW-2s, MW-12s, MW-12i, and MW-13s). Prior to sampling, depth to groundwater measurements were collected from 34 monitoring wells and two observation wells using an electronic water level probe. Groundwater elevations were calculated by subtracting the depth to water measurement from the pre-determined top of casing elevation (Table 1).

An estimated water table contour map, using water level data collected from the shallow monitoring wells is shown on Drawing 3. As shown on Drawing 3, groundwater is migrating in a southeasterly direction below the site at a hydraulic gradient of approximately 0.02 feet per foot. This flow direction is consistent with previous flow directions calculated for the shallow monitoring wells. There is a slight decrease in gradient immediately beneath the southern end of the facility, which is likely due to the operation of the air sparge groundwater remediation system. The operation of the system has resulted in some slight mounding of groundwater in this area.

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An estimated water table contour map, using water level data collected from the intermediate depth monitoring wells is shown on Drawing 4. As shown on Drawing 4, groundwater is migrating in a southeasterly direction below the site at a hydraulic gradient of approximately 0.018 feet per foot. This flow direction is consistent with previous flow directions calculated for this unit and with the groundwater flow direction observed in the water table wells.

Groundwater levels in the deep wells are shown on Drawing 5. MSE has contoured these values. However, the wells within the deep unit are screened across individual fractures within the bedrock material. This may likely impact the groundwater elevation data obtained. The groundwater elevation data indicates that groundwater is also flowing toward the southwest within the fractured bedrock unit.

2.2 Groundwater Sampling Activities

After collecting the depth to groundwater measurements, the wells were purged using new disposable polyethylene bailers and new nylon rope. A total of three well volumes were purged from each monitoring well prior to collecting the groundwater samples. On July 27, 2005, groundwater samples were collected from the monitoring wells MW'-2s, MW-12s, MW-12i, and MW-13s. Samples were decanted into pre-labeled, laboratory supplied containers, packed on ice and shipped to Paradigm Analytical Laboratories, Inc. (Paradigm) in Wilmington, North carolina. The groundwater samples were analyzed for volatile organic compounds (VOCs) in accordance with EPA SW-846 Method 82608.

3 GROUNDWATER ANAL YnCAL RESULTS

The laboratory analytical report for the July 2005 groundwater sampling event is contained in the Appendix and summarized in Table 2. As summarized, chloroform was the only voes detected in the sample collected from MW-2s. PCE was detected in samples collected from MW-12s, MW-12i, and MW-13s at concentrations of 4.61 micrograms per liter (µg/L), 46.3 µg/L, and 9.91 µg/L, respectively. These concentrations exceed the North Carolina Groundwater Quality Standard (NCGWQS) for PCE of 0.7 µg/L.

Trichloroethene (TCE) was not detected in any of the samples at a concentration exceeding the NCGWQS of 2.8 µg/L. TCE was present iii the samples collected from wells MW-12i (1.88 µg/L) and MW-13s (0.30 µg/L). Cis-1,2-dichloroethene (DCE) was detected in samples collected from MW-12s (0.19 µg/L), MW-12i (6.52 µg/L), and MW-13s (2.15 µg/L) at concentrations below the NCGWQS of 70 µg/L. Historical groundwater results are summarized in Table 2.

MINERAL SPRINGS ENVIRONMENTAL, P.C. July 2005 Post-Oosure careNonitoring Report Former Asheville Dyeing and finishing Fadlity

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November~ 2005 Pagel

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4 SUMMARY

MSE includes the following summary of field activities and associated analytical results:

• Groundwater elevation data indicates that groundwater flow in the shallow, intermediate, and deep groundwater bearing zones is toward the southeast. This is consistent with previous groundwater flow determinations. Additionally, the calculated hydraulic gradients are consistent with past determinations.

• No target compounds were detected in the groundwater sample collected from background well MW-2s.

• PCE was detected in the groundwater samples from MW-12s, MW-12i, and MW-13s at concentrations above the NCGWQS. However, these concentrations were lower than the concentrations observed in the January 2005 sampling event.

• Concentrations of TCE and DCE observed in wells MW-12s, MW-12i, and MW-13s were either below the laboratory practical quantitation limits or below their respective NCGWQS.

MSE will conduct the next semi-annual post-closure monitoring event in January 2006.

5 LIMITATIONS

The opinions included in this report are applicable only on the specific portions of the site addressed and described. The opinions are based on the data collected on the days specified using the methods described. If additional data becomes available, we request the opportunity to review and modify the conclusions and recommendations included in this report, if warranted. This report is for the sole use of Water Applications and Systems Corporation, and is to be used in its entirety. Use by other parties will be at their sole risk and without liability to Mineral Springs Environmental, P .C.



MINERAL SPRINGS ENVIRONMENTAL, P.C. July 2005 Post-Oosure care Monitoring Report Former Ashel1/le Dyeing and Rnishing Facility

578

November .9, 2005 PageJ

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C1-666

Exhibit 1-7 2006-03-24 - October 2005 Quarterly


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C1-667

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OCTOBER 2005 QUARTERLY EFFECTIVENESS

MONITORING REPORT

FOPMER ASH.EVILiE DYEING AND ANISHING'FACIUTY WARREN WILSON COil.EGE ROAD

SWANNANOA, BUNCO~E COUNTY, NORTH CAAOUNA NCD070619663 N\ARCH 24, 2006

M.5£.J()B NO. 123

Pnq;.>ared: fclr!.· ..

~·J(JHN CO)'~ •

W~l£R~TIONS&&YSJfMS <.:ORPQRA.TIOO. · 14950 Hf.ATHROW FOREST PARJ<\1/AY, SUITE 200

HC)lJSTC>N,TEXAS, 77032

580

MNEAAl. ~~Al., P.C. 4600 WiNERAl SPRINGS LANE

RAIBGH, NOR1H C'.AROl.INI\ 27616 . 919.261.8186

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C1-668

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TABLE OF CONTENTS

1 BACKGROUND

z REMEDIAL ACTIVI11ES

2.1 REMEDIATION SYSTEM #1 (RS-1) 2.2 REMEDIATION SYSTEM #2 (RS-2) 2.3 SYSTEM PERFORMANCE

~ REMEDIATION SYSTEM EFFEcnvENESS

3.1 GROUNDWATER SAMPUNG 3.1.l GENERAL 3.1.2 GROUNDWATERFLOW 3.1.3 GROUNDWATER SAMPLING AND ANALmCAL RESULTS , 3.2 AIRSAMPUNG

~ GROUNDWATER OUALnv TRENDS

~ ~ONCLU~IONS AND RECOMMENDATIONS

§ LIMIIATIONS

DRAWINGS

Drawing 1 Drawing 2 Drawing 3 Drawing 4 Drawing 5 Drawing 6 Drawing 7 Drawing 8

Topographic Site Map Site Map Layout of Air Sparge and Soil Vapor Extraction Systems Estimated Water Table Contour Map - Shallow Zone (October 2005) Estimated Groundwater Flow-Intermediate Zone (October 2005) Groundwater Elevations- Deep Zone (October 2005) Tetrachloroethene Isoconcentration Map - Shallow Zone (October 2005) Tetrachloroethene Isoconcentration Map - Intermediate Zone

(October 2005)

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3 3 3 3 5

5

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Drawing 9 Drawing 10

Tetrachloroethene Isoconcentration Map - Deep Zone (October 2005) Trichloroethene Isoconcentration Map - Intermediate Zone (October 2005)

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TABLES

Table 1 Table 2 Table 3 Table 4 Table 5 Table 6

TABLE OF CONTENTS O:ONT.l

Water Level Measurements - October 17-19, 2005 October 2005 Groundwater Analytical Results Historical Groundwater Analytical Results Blower Effluent Air Sample Analytical Results Total Mass of PCE.Removed - SVE 1 Total Mass of PCE Removed - SVE 2

APPENDICES•

Appendix A AppendixB

Groundwater Laboratory Analytical Results and Chain-of-Custody Groundwater Concentration Versus 1ime Graphs

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C1-670

Exhibit C - NC.gov

Documents

Transcript of Exhibit C - NC.gov