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UNITampD ITATU INYIRONMINTAL IIIOTICTION ACIINCY

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URGENT LEGAL SUBJECT MATTER - PRObullPT REPLY NECESSARY

CERTIFIED MAIL - RETURN RECEIPT REQUESTED

OCtober 8 1982

Preaicent or General Manager Sprague Electric co 10 Pembroke Road Concord NB 03301

Dear Sir or Madama

Ru Keefe Environmental Servicebull hazardoua waste treatment facility in Epping New Bampahire

Thia letter ia to notify you of potential liability that your company aay incur or may have incurred in connection with the above-reference4 hazardoua waate treatment facility an4 to reshyqueat your aaaiatance in cleanup activitiea at the aite

The os Environmental Protection Agency PA) haa determined that an actual releaae or a aubatantial threat of a raleaae of hazardoua aubatancea aa defined in Secfion 101 of the Ccpreshyhenaive Environmental Jleaponae Compenaation anlt Liability Act

~ ~~=o~~e~re~~i~t~ol m~~~~p~~i=c~~~lt in emergency and planned rUloval activi tiea in reaponae to i111Mshydiate environmental hazarda on the aite In addition PA 1nd the State of New Bampahire are about to enter a Cooperative Agreement to conduct the longer term remedial phabullbullbull of the lite cleanup Thil Cooperative Agreement will provide fut~ding for aite security and maintenance removal of waatea atored in surface containers on the site remedial investigations of aite conditions and feaaibility atudiea of the alternative long term remeltial activities incUcated by the remedial inveatigashytiona Finally long term remedial actiona may be unltertaken including remedial design remeltial construction operation and maintenance as required by site concUtions These reaponae activities are authorized by Section l04(a)(l) of CERCLA

Under CERCLA certain responsible parties may be liable for money expended for response activities at the lite including investigation planning cleanup ~~easurea and enforcement Potentially liable reapon1ible parties include the current owners or operators of the site past owners or operators

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and perapna who generated or tranaported the hazardoua aubshyatancea that were tr~ated or diapoaed of at the aite

EPA baa conducted a review of company recorcl of the now-defunct operator of the aite Keefe Environmerital Servicebull Inc Theae recorda include accountbull receivable ledgera ahipping manifeata and court-ordered periodic reporta to atate agencies Baaed on thb review EPA believea that your company may be a reaponaible party with reapect to thia aite and that your company may thereshyfore be liable for public funda expended in reaponae activitiea at the aite Before EPA undertakebull further reaponae activitiea currently acheduled to begin on November 16 1982 we deaire to

~i~~yf~o~~m~r~r~hmiddot~~i ~~y rous~middot~Lbull ~lthazardoua vaate problema praaantly found at thh alta ~ -lt0 00EPA h preaently conducting negotiationamp which began on October ~z

C 1982 with a number of other partiaa regarding their poaaible -ltI ~m

involvement in cleanup activitiea on the aite EPA did not inshy ltZ m-ltvolve you in thia r ound of n~otiationa becauae reliable inforshy ~

mation connecting your company to the lite hal only recently or m

ccee to the attention of EPA The initial focua of theae negoshy OUgt omtiationbull ia the poaaible performance by relponaible partiea of 00 the aurface barrel riJnOval middotactivitiea acheduled to begin on o November 16 1982 Becauae of the poaaibility that delay in 0

mbarrel removal activitiea bullay raault in further deterioration of a ita conditionbull due to the rigora of winter weather EPA ia unable to delay the a tart of theae activitiea beyond November 16bull Thua if your ccapany ia intereated in participating in that porshytion of the ongoing nl4)otiationa concerning the performance of barrel removal activitiea by reaponaible partiea rather than by EPA your immediate indication of auch intereat il neceaaary Plaaae notify EPA in writing no later than October 18 1982

-~~n~~~i~r~~~Y~rf~~~~middot rr~t~~ ~tiY~~tf~c-cordance vith theaa tiH requireunta tf your written rashyaponaa indicating your interaat in participating in thia porshytion of the ongoing negotiationbull ia not received by October 18 1982 ve will aa1ume that your c01r1pany hal declined to undershytake voluntary reaponae activitiea

In addition to the negotiationbull juat diacuaaad EPA ia engaged

~~ ~~~i~~~~middoti~~~~rdbullcn~~1n~~~~o~~l~f~middot~~v~~~e recovery of those coata projected to be incurred by EPA under the Cooperative Agreement deacribed above and appropriate covenantbull not to 1ue for co1t recovery for thoae companiea who are parties to the aettlement If your company viahea to purshy

~~c~no~~dl~oi~~o~~~middottr~~i1itbull~~trn~~-ment in theae ongoing negotiations will be required

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Becauae the t baing of thia portion of the negotiationbull ia unconatrained by winter weather conditione EPA will conshytinue negotiating to reach a coat recovery aettlement until January 15 1 1983 However in order to aaaure your timely involvement in the negotiationbull now in progreaa a written reaponae indicating your canpanya intereat in participatil9 in thia portion of the negotiations muat be received by actmiddotober 18 1982 If no vritten reaponae ia received by PA by thh date we will aaaaume that your company baa declined to participate in voluntary reaponae activities or in any negotiated reaolution of the environmental hazarda on the Oll

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Your reaponae indicating intereat in participating in either of ~ theae negot i ation proceaaea ahould indicate the name addreaa 0lgtZand telephone number of an appropriate company official for -ltZ f urther cont a ct on thh matter It should a l ao include a stateshy ~ ltZM nt of the type and the ext ent of the activities your ccnpany

rlgt aay be willing to under t ake Where your company 1a already i nshyvolved in cUacuaa iona with a tat e or loca l aut hor itiea or i a 011gt omengaged in voluntary action to clean up the aite theae activishytiea ahould be continue d and their atatua should be reported in ~~ your letter Your letter ahould be aent toa 0

Michael Thomaa Attorney os Environaental Protection Agency Ofice of Regional Counsel JPK Building Jtocm 2203 loaton MA 02203

In order to aaaiat you in evaluating your alternativebull in thia abbreviated tiDe period we are encloaing with thia letter a copy of the material that vaa provided to the potenshytially reaponaible partiea who attended the October 4 meeting that initiated negotiationbull on theae matte ra We are alao encloa ing a t ext of the praaantationa made by EPA at that

~~11~1r~~n~~ir~~c~middot~rP ~-=~~~~a~n-aent t hem i n negotiationbull with EPA Aa an inter im M aaure pri or t o the poaaible eat abliahment of a negotiating c ommittee the initial group of potentially reaponaible partiebull have aet up an information coordinator Mr Boward Williams of the Davidaon Rubber Division Dover New Hampshire to coordinate information flow between EPA and the potentially reaponaible partiea If your reaponae to this letter indicates a willingshyness to negotiate with EPA on these matters we will forward your reaponae to Mr Williams or to the appropriate negotiating repreaentative 10 that you may become integrated into the onshy

going canmittee structure and negotiation process aa quickly aa possible

) -4- middotmiddotmiddotmiddotmiddot

If you need further information Mr Thomas can be reached by tolophono at (617) 223-0400

Sincerely yours

Merrill s Bohman Director waste Manavement Division

cca Regional Couna~l RecJiOn I Director Office of Ebullrgency and RemetUal Response Director Office of Waate Programs Enforcemnt Office of Enforcement Counsel Tupper ki~er New Bampahire Office of the Attorney

General

m m ~

om ~m zz

) -2shy

and perapna who generated or tranaported the hazardoua aubshyatancea that were tr~ated or diapoaed of at the aite

EPA baa conducted a review of company recorcl of the now-defunct operator of the aite Keefe Environmerital Servicebull Inc Theae recorda include accountbull receivable ledgera ahipping manifeata and court-ordered periodic reporta to atate agencies Baaed on thb review EPA believea that your company may be a reaponaible party with reapect to thia aite and that your company may thereshyfore be liable for public funda expended in reaponae activitiea at the aite Before EPA undertakebull further reaponae activitiea currently acheduled to begin on November 16 1982 we deaire to

~i~~yf~o~~m~r~r~hmiddot~~i ~~y rous~middot~Lbull ~lthazardoua vaate problema praaantly found at thh alta ~ -lt0 00EPA h preaently conducting negotiationamp which began on October ~z

C 1982 with a number of other partiaa regarding their poaaible -ltI ~m

involvement in cleanup activitiea on the aite EPA did not inshy ltZ m-ltvolve you in thia r ound of n~otiationa becauae reliable inforshy ~

mation connecting your company to the lite hal only recently or m

ccee to the attention of EPA The initial focua of theae negoshy OUgt omtiationbull ia the poaaible performance by relponaible partiea of 00 the aurface barrel riJnOval middotactivitiea acheduled to begin on o November 16 1982 Becauae of the poaaibility that delay in 0

mbarrel removal activitiea bullay raault in further deterioration of a ita conditionbull due to the rigora of winter weather EPA ia unable to delay the a tart of theae activitiea beyond November 16bull Thua if your ccapany ia intereated in participating in that porshytion of the ongoing nl4)otiationa concerning the performance of barrel removal activitiea by reaponaible partiea rather than by EPA your immediate indication of auch intereat il neceaaary Plaaae notify EPA in writing no later than October 18 1982

-~~n~~~i~r~~~Y~rf~~~~middot rr~t~~ ~tiY~~tf~c-cordance vith theaa tiH requireunta tf your written rashyaponaa indicating your interaat in participating in thia porshytion of the ongoing negotiationbull ia not received by October 18 1982 ve will aa1ume that your c01r1pany hal declined to undershytake voluntary reaponae activitiea

In addition to the negotiationbull juat diacuaaad EPA ia engaged

~~ ~~~i~~~~middoti~~~~rdbullcn~~1n~~~~o~~l~f~middot~~v~~~e recovery of those coata projected to be incurred by EPA under the Cooperative Agreement deacribed above and appropriate covenantbull not to 1ue for co1t recovery for thoae companiea who are parties to the aettlement If your company viahea to purshy

~~c~no~~dl~oi~~o~~~middottr~~i1itbull~~trn~~-ment in theae ongoing negotiations will be required

) -3shy

Becauae the t baing of thia portion of the negotiationbull ia unconatrained by winter weather conditione EPA will conshytinue negotiating to reach a coat recovery aettlement until January 15 1 1983 However in order to aaaure your timely involvement in the negotiationbull now in progreaa a written reaponae indicating your canpanya intereat in participatil9 in thia portion of the negotiations muat be received by actmiddotober 18 1982 If no vritten reaponae ia received by PA by thh date we will aaaaume that your company baa declined to participate in voluntary reaponae activities or in any negotiated reaolution of the environmental hazarda on the Oll

aite ~ zz ~lt

Your reaponae indicating intereat in participating in either of ~ theae negot i ation proceaaea ahould indicate the name addreaa 0lgtZand telephone number of an appropriate company official for -ltZ f urther cont a ct on thh matter It should a l ao include a stateshy ~ ltZM nt of the type and the ext ent of the activities your ccnpany

rlgt aay be willing to under t ake Where your company 1a already i nshyvolved in cUacuaa iona with a tat e or loca l aut hor itiea or i a 011gt omengaged in voluntary action to clean up the aite theae activishytiea ahould be continue d and their atatua should be reported in ~~ your letter Your letter ahould be aent toa 0

Michael Thomaa Attorney os Environaental Protection Agency Ofice of Regional Counsel JPK Building Jtocm 2203 loaton MA 02203

In order to aaaiat you in evaluating your alternativebull in thia abbreviated tiDe period we are encloaing with thia letter a copy of the material that vaa provided to the potenshytially reaponaible partiea who attended the October 4 meeting that initiated negotiationbull on theae matte ra We are alao encloa ing a t ext of the praaantationa made by EPA at that

~~11~1r~~n~~ir~~c~middot~rP ~-=~~~~a~n-aent t hem i n negotiationbull with EPA Aa an inter im M aaure pri or t o the poaaible eat abliahment of a negotiating c ommittee the initial group of potentially reaponaible partiebull have aet up an information coordinator Mr Boward Williams of the Davidaon Rubber Division Dover New Hampshire to coordinate information flow between EPA and the potentially reaponaible partiea If your reaponae to this letter indicates a willingshyness to negotiate with EPA on these matters we will forward your reaponae to Mr Williams or to the appropriate negotiating repreaentative 10 that you may become integrated into the onshy

going canmittee structure and negotiation process aa quickly aa possible

) -4- middotmiddotmiddotmiddotmiddot

If you need further information Mr Thomas can be reached by tolophono at (617) 223-0400

Sincerely yours

Merrill s Bohman Director waste Manavement Division

cca Regional Couna~l RecJiOn I Director Office of Ebullrgency and RemetUal Response Director Office of Waate Programs Enforcemnt Office of Enforcement Counsel Tupper ki~er New Bampahire Office of the Attorney

General

) -3shy

Becauae the t baing of thia portion of the negotiationbull ia unconatrained by winter weather conditione EPA will conshytinue negotiating to reach a coat recovery aettlement until January 15 1 1983 However in order to aaaure your timely involvement in the negotiationbull now in progreaa a written reaponae indicating your canpanya intereat in participatil9 in thia portion of the negotiations muat be received by actmiddotober 18 1982 If no vritten reaponae ia received by PA by thh date we will aaaaume that your company baa declined to participate in voluntary reaponae activities or in any negotiated reaolution of the environmental hazarda on the Oll

aite ~ zz ~lt

Your reaponae indicating intereat in participating in either of ~ theae negot i ation proceaaea ahould indicate the name addreaa 0lgtZand telephone number of an appropriate company official for -ltZ f urther cont a ct on thh matter It should a l ao include a stateshy ~ ltZM nt of the type and the ext ent of the activities your ccnpany

rlgt aay be willing to under t ake Where your company 1a already i nshyvolved in cUacuaa iona with a tat e or loca l aut hor itiea or i a 011gt omengaged in voluntary action to clean up the aite theae activishytiea ahould be continue d and their atatua should be reported in ~~ your letter Your letter ahould be aent toa 0

Michael Thomaa Attorney os Environaental Protection Agency Ofice of Regional Counsel JPK Building Jtocm 2203 loaton MA 02203

In order to aaaiat you in evaluating your alternativebull in thia abbreviated tiDe period we are encloaing with thia letter a copy of the material that vaa provided to the potenshytially reaponaible partiea who attended the October 4 meeting that initiated negotiationbull on theae matte ra We are alao encloa ing a t ext of the praaantationa made by EPA at that

~~11~1r~~n~~ir~~c~middot~rP ~-=~~~~a~n-aent t hem i n negotiationbull with EPA Aa an inter im M aaure pri or t o the poaaible eat abliahment of a negotiating c ommittee the initial group of potentially reaponaible partiebull have aet up an information coordinator Mr Boward Williams of the Davidaon Rubber Division Dover New Hampshire to coordinate information flow between EPA and the potentially reaponaible partiea If your reaponae to this letter indicates a willingshyness to negotiate with EPA on these matters we will forward your reaponae to Mr Williams or to the appropriate negotiating repreaentative 10 that you may become integrated into the onshy

going canmittee structure and negotiation process aa quickly aa possible

) -4- middotmiddotmiddotmiddotmiddot

If you need further information Mr Thomas can be reached by tolophono at (617) 223-0400

Sincerely yours

Merrill s Bohman Director waste Manavement Division

cca Regional Couna~l RecJiOn I Director Office of Ebullrgency and RemetUal Response Director Office of Waate Programs Enforcemnt Office of Enforcement Counsel Tupper ki~er New Bampahire Office of the Attorney

General

) -4- middotmiddotmiddotmiddotmiddot

If you need further information Mr Thomas can be reached by tolophono at (617) 223-0400

Sincerely yours

Merrill s Bohman Director waste Manavement Division

cca Regional Couna~l RecJiOn I Director Office of Ebullrgency and RemetUal Response Director Office of Waate Programs Enforcemnt Office of Enforcement Counsel Tupper ki~er New Bampahire Office of the Attorney

General

)

bullIOIDUI=~in~~~HOIIe p 302 598 802 I shyi ICOtMULT liiOmiAmJt FOR PIU)RECEIPT FOR CERTIFIED MAIL 1 n~o~ow~ _lte~~ao)

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1. barcode 576719
2. barcodetext SDMS Doc ID 576719