SDMS Document ~11111111111111"1111111111 114877
RESPONSE AND PREVENTION BRANCH
ADMINISTRATIVE RECORD
CHASE INTERIORS SITE
FALCONER
CHAUTAUQUA COUNTY
NEW YORK
Prepared by:
u.s. EPA Region n Technical Assistance Team Roy F. Weston, Inc Major Programs Division Edison, New Jersey
Prepared for:
Bonita L. Green, On-Scene Coordinator U. S. EPA Region n Response and Prevention Branch Edison, New Jersey
March 1994 Administrative Records in Local Repositories
The "Administrative Record" is the collection of documents which form the basis for the selection of a response action at a Superfund site. Under Section 113(k) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended by the Superfund Amendments and Reauthorization Act (SARA), the EPA is required to establish an Administrative Record available at or near the site.
The Administrative Record file must be reasonably available for public review during normal business hours. The record file should be treated as a non-circulating reference document. This will allow the public greater access to the volumes and also minimize the risk of loss or damage. Individuals may photocopy any documents contained in the record file, according to the photocopying procedures at the local repository.
The documents in the Administrative Record file may become damaged or lost during use. If this occurs, the local repository manager should contact the EPA Regional Office for replacements. Periodically, the EPA may send supplemental volumes and indexes directly to the local repository. These supplements should be placed with the initial record file.
The Administrative Record file will be maintained at the local repository until further notice. Questions regarding the maintenance of the record file should be directed to the EPA Regional Office.
The Agency welcomes comments at any time on documents contained in the Administrative Record file. Please send any such comments to Mr. Richard Salkie, Associate Director, Removal Program Office, U.S. EPA Region II, Woodbridge Avenue, Edison, NJ 08837.
For further information on the Administrative Record file, contact Bonita L. Green, On-Scene Coordinator, U.S. EPA Region II, at (908) 321-6647. CHASE INTERIORS SITE
ADMINISTRATIVE RECORD FILE
CONTENTS
1.0 SITE IDENTIFICATION
Site Assessment & Preliminary Inspection Reports Leading to the Removal Action
2.0 REMOVAL RESPONSE
Documents and Reports Generated by EPA and TAT Sampling Plans and Reports
3.0 PUBLIC PARTICIPATION
Community Relations Plan
4.0 TECHNICAL SOURCES AND GUIDANCE DOCUMENTS
Technical Information Used or Obtained for Waste Disposal, Transportation, and/or Treatment Considerations
1 CHASE INTERIORS SITE
ADMINISTRATIVE RECORD FILE
INDEX OF DOCUMENTS
The index of documents contains the following information about each document:
Document #: Site Code-Section First Page-Section Last Page Title: Abstract of Document Contents Category: Document Category/Section of Administrative Record File Author: Writer and Affiliation Recipient: Addressee or Public and Affiliation, if applicable Date: When Document was Created or Transmitted
Note: Items in the Administrative Record are for public access, and should be removed from the file only for copying. The cost of reproduction of the documents in the file is the responsibility of the person requesting the copy.
ii CHASE INTERIORS SITE AD:MINISTRATIVE RECORD FaE LIST OF DOCUMENTS
Document #: CIS - 1.1001 - 1.1008 Title: Bankruptcy Stipulation- HBSA Industries of Shippenburg, Inc., including Chase Interiors Category: Site Identification Author: Andrea Schillaci, NYS Assist. Attorney General Recipient: Jeffrey W. Baker, Harris Beach & Wilcox, Attorneys for Norstar Date: January 1992
Document #: CIS - 1.2001 - 1.2002 Title: HBSA Industries, Inc. Request for Emergency Removal Category: Site Identification Author: Michael J. O'Toole, Jr., NYSDEC, Director, Div. of Hazardous Waste Remediation Recipient: George Pavlou, USEPA, Acting Director, Emergency and Remedial Response Division Date: May 21, 1993
Document #: CIS - 1. 3001 - 1. 3003 Title: HBSA Industries: New York Sites, update Category: Site Identification Author: Andrew M. Klein, Winston & Strawn Recipient: James Charles, Esq., Senior Attorney, NYSDEC, Div. of Environmental Enforcement Date: July 1, 1993
Document #: CIS - 1.3004 - 1.3009 Title: HBSA Industries: New York Sites, status update Category: Site Identification Author: Debra Rothberg, Esq., Winston & Strawn Recipient: James Charles, Esq., Senior Attorney, NYSDEC, Div. of Environmental Enforcement Date: July 16, 1993
1 Document #: CIS - 1. 400 1 - 1. 400 1 Title: Response to Removal Request for HBSA sites Category: Site Identification Author: Richard C. Salkie, USEPA, Assoc. Dir. for Removal and Emergency Preparedness Programs Recipient: Michael J. O'Toole, NYSDEC, Director, Div of Hazardous Waste Remediation Date: July 19, 1993
Document #: CIS - 1.5001 - 1.5002 Title: HBSA Industries at 205-235 Lister Avenue, Falconer, NY Category: Site Identification Author: Albert F. Mattison, Falconer Mayor, and Richard C. Josephson, Code Enforcement Officer Recipient: Pat Hanley, Fleet Bank Date: August 17, 1993
Document #: CIS - 2.1001 - 2.1002 Title: Confirmation of Verbal Authorization Category: Removal Response Author: George Pavlov, Acting Director Emergency and Remedial Response Division Recipient: Bonita L. Green, EPA OSC Date: December 1, 1993
Document #: CIS - 2.2001 - 2.2011 Title: Action Memorandum Category: Removal Response Author: Bonita L. Green Recipient: William J. Muszynski, P.E., Acting Regional Administrator, EPA Region II Date: January 13, 1994
Document #: CIS - 2.3001 - 2.3021 Title: Chase Interiors Site Assessment Report Category: Removal Response Author: Roy F. Weston, Inc., Technical Assistance Team Recipient: Bonita L. Green, EPA OSC Date: September 21, 1993
2 Document #: CIS - 2.4001 - 2.4004 Title: Chase Interiors Pollution Report #1 Category: Removal Response Author: Bonita L. Green Recipient: Federal and State representatives Date: January 26, 1994
Document #: CIS - 3.1001 - 3.100 1 Title: Falconer Site Targeted for EPA Cleanup Category: Public Participation Author: David C. Webb, Post-Journal Recipient: Public Date: December 11, 1993
Document #: CIS - 3.1002 - 3.1002 Title: Hazardous Materials Are Secured and Contained at Falconer Site Category: Public Participation Author: David C. Webb, Post-Journal Recipient: Public Date: December 14, 1993
Document #: CIS - 3.2001 - 3.2007 Title: Community Relations Plan - Chase Interiors Site Category: Public Participation Author: Bonita L. Green, EPA OSC Recipient: Public Date: March 1994
Document #: CIS - 3.3001 - 3.3001 Title: USEP A Chase Interiors Site Notice of Availability Category: Public Participation Author: Bonita L. Green, EPA OSC Recipient: Public Date: March 1994
Document #: CIS - 3.400 1 - 3.400 1 Title: Chase Interiors Removal Action Fact Sheet Category: Public Participation Author: Bonita L. Green, EPA OSC Recipient: Public Date: March 1994
3 Document #: CIS - 4.1001 - 4.1001 Title: EPA Regional Guidance Documents Category: Technical Sources and Guidance Documents Author: N/A Recipient: Administrative Record Attachment Date: N/A
4 CERTIFICATION OF DOCUMENTS
COMPRISING THE ADMINISTRATIVE RECORD
The United States Environmental Protection Agency(USEP A) hereby certifies that the attached documents constitute the Administrative Record for selection of response actions under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) of 1980, as amended bv the Superfund Amendments and Reauthorization Act (SA~) of 1986, for the located at I=a N ~ , Town of ___-.,- ______-'-~c..l.L~'_f+=- County, State of "~~~}-L.L"J--' Spill Id
By the EPA: In witness whereof! have subscribed my
name this day of , 2004,
In "\J~~ w ~
1 / .~.~ , USEP A Region II. __ I"HN" a.FFfi..o~ro CIS - 1.1001 - 1.1008 :
WIno STATES 5ANlcr{UPrCY COURT wtS'rERN DISTRICT OF Jot'l:'W YORK -~~-~~-~~~~-~~~-~~~-~-~~~~~~~--~·~~~-x - "" Chapter 7 In re: · Case Nos. o-0 MasA INDUSTRIES INCORPORATED, 91 B 12664 eM) AIFlLIA~ED INDOS. OF SHIPPENSBURG, INC., · 91 B 12866 eM) CliASE INTERIORS, INC., .. · 91 B 12868 (M) t.X?!RE , KEEK:ER REALTY, INC., • 91 B 12869 (M) T!:RRO KERCli.ANDISING EQUIP., CORP., 91 B 12871 eM) VISU-WALL BY H.B.?, INC., ·• 91 B 12872 (M) Pebtors. ·• ~------~----~------~--~------~------x
STIPULATION
This Stipulation (the "Stipulation") is made by and a:ong Harold P. Bulan, the Chapter 7 Trustee (the "Trustee"'), the Ne ...
Yor~ state Depar~ent of Environmental Conservation (the "stateM or -NYSDEC"), National westminster BaM USA, individually ("Nat;-,'est - USA-), Norstar Bank, N.A., individu~lly ("Norstar"), and National Westoinster Bank USA, as agent for National Westminster Bank USA and Norstar Bank, N. A. pursuant to a credit agreel:!ent dated Hal' 24 I
1990.
WRE~S, on Au~yst 13, 1991 (the "Petition Date"), HBSA Industries Incorporated ("HESA") and five of its 1.'holly-o-'ned subsidiaries, to wit: Aft iliated Industries of ShippensDurg, Inc.: Chase Interiors, Inc.: 'E::lpire and Mee):er Realty, Inc.; Ferro l'!erchandising Equipt.lent Corp.: and Visu-Wall by H.S.B., Inc.
(collectively, the ~Debtors") filed voluntary petitions for reorganization pursuant to Chapter 11 of Title 11 of the United
States Code (the -Bankruptcy Code"): an~
.;../-'"-- . "r-II='Y..;.Ol,...1?:-2 11:26 FROn NYS roEFT OF LAW B'...FFALO 70 ~FLO t;E': P.1S .'
Town of Ellicott, Bew York, and at 176S Linquist Drive, Levant, New York (all fivejP:operties are collectively hereinafter referred to as the "Sites"): and
YnUAS, "Hazardous •Wastes" is defined under the Resource Conservation « Recovery Act, as amended, .2 U.S.C. IS 6901 et seg. ("RCRA") and the "NeY York Environmental Conservation LaY,
;5 27-1301 ~~. (MCKinney 1984) ("ECL"): and
1r"X:E..R:t.AB I the parties desire to have certain steps
~ndertaken in an attempt to secure and stabilize conditions at the
Sites (the "Stabilization") tor the protection of the enviro~ent and hu:an health, subject to the terms and conditions hereinafter set forth; and WRXRXAS, the United states Environ:ental Protection Agency ("USE?A") shall be provided with advance. notice of the. application for an order consistent with this stipulation, along with a copy of this StipUlation; and lri1il:REAS, the USEPA shall be c;iven an opportunity to COIr.:lent or otherwise obj ect to any or all of the terms and conditions of this Stipulation prior to the entry of an Order by the Court.
NO"', 'rRl:REF'OU, in consideration of the pre~ises and other good and valuable consideration, the receipt and adequacy of
.hich are hereby ac~~o~ledged, the Parties agree and stipulate as
fol10 ..·s =
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.:
1. Tbe foreqoinq recitals are incorporated herein ~y
reference ana _ ~d. a part hereof and are acknowledged by the parties as be inc; . true and correct. 2. Subject to the terms and conditions of this Stipulation, the parties agree as follows:
(a) ~e NYSDEC and ER~-Enviroclean Northeast ("ERM") have conducted a joint inspeCtion of the Sites and have assessed existing surface conditions and have determined the scope
of the stabilization to ~ pertor:ed at the Sites: (b) ERM has prepared a Work Plan for the
Stabilization of. the Sites, ~hich Work Plan has been approved by
the ~~SDEC. The Work Plan is appended hereto as Exhibit "A" and is incorporated in this Stipulation and made a part hereof:
(c) The ~~SDEC and ERM have prepared a full list
of inventory of chemicals presently at the Sites and a ~ap of the
Sites fdentifying any chemicals ~hich ~ill re.::.ain a.t the Sites
following the Stabilization, together ~ith a delineation of the
location of such chemicals, a copy of ~hich shall be provided to the local Fire Chief and is appended hereto as Exhibit "8" and is .' incorporated herein:
(d) All che~icals ~hicb are not removed from the Sites during the stabilization. process shall be placed in a central storage area at each site ~hich shall be secured and locked. A key to the locked storage areas shall be provided to the local Fire
O€par~ents and ~~SDEC;
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(e) All chemicals to be rUloved from the Sites shall be properly aanifested to a permitted treatment, storage and disposal facility: (f) The plating wastes, if properly neutralized in accordance with the eXisting,permit .held by BBSA, and with the prior approval of the Ja~estown Sewer Authority, may be discharged to the publicly ow-ned treatment works. In the event the Jamestovn Sewer Authority does not approve the discharge, such waste shall be disposed of in accordance with all state and feder~l laws: (9) The removal of hazardous wastes from the Sites shall be limited to those materials which require stabilization as a result of their che~ical composition or improper containment as fully set forth in the Work Plan approved by ~~SDEC and attached hereto. The parties hereby acknowledge and agree that retloval performed pursuant to the stabilization process will not and is not intended to encompass all hazardous wastes or hazardous Substances at the Sites: (h) NYSDEC shall have full access to the sites during the Stabilization and shall be advised at least seven (7) calendar days in advance of scheduled field activities:
(i) All inventory , equipment, machinery and materials located at the Sites, which are subject to the Banks' security interests, may be removed from the sites by the Banks or their designated agents: and
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(j) All of the Debtors' e~ployment, tax or other
records or fi~e~ zay be removed fro: the Sites by the Banks or their designated agents. 3. The Parties hereto reserve any and all rights, claims, defenses and causes .::>f aetion, except as specifically provided under this Stipulation. 4. Nothin9 herein shall constitute or be eons trued as a release or waiver by the State of any right, elaim, cause of action or action with respeet to third parties.
5. The Banks, pursuant to the te~s and conditions set forth in this Stipulation and the order issued pursuant to it,
agree to ~ake available to the Trustee certain proceeds from the liquidation of their eollateral to satisfy the costs of undertaking Stabilization at the sites.
6. The State hereby waives, and any third party shall be barred from assertin9, any claims or causes of action a9ainst the Banks or Trustee arising out of the activities undertaken in accordance with this Stipulation and the order issued pursuant to it, including, but not limited to, any claim or cause of action under the 90mprehensive Environmental Response, Compensation "
Liability Act, ~2 u.s.c. §§ 9601 at seg., as a=ended ("CERCLA");
Resource Conservation & Recovery act, 42 U.S.C. SS 6901 ~ ~.,
as amended (~RCRA"); the New York Environmental Conservation Law,
§§ 71- 2701 ~ ~ (McKinney 1984) ("EeL") or co~on law.
7. Any activities undertaken by the Banks or the Trustee pursuant to this Stipulation and the order issued pursuant
7"6- /-: --/
.I MA'(-Cl-1O::S:-2 11: 27 I-I-lJ1 . N I:' v.::.~ I V'" ...~ ..,...,. •• _-
"
to it do not and shall not constitute a violation of CERCLA §
9601(20) and tl:le Banks and the Trustee shall not be deemed
·operators" cr ·OWners~ of the Sites, as tho5e terms are defined
by CERCLA, for actions undertaken pur5uant to ~aid stipulation and order. ..
8. The State hereby waives any clai~ or causes of action against the Trustee for personal liability in connection with activities conducted pursuant to this Stipulation and the order issued pursuant to it, except the State does 'not waive any claim or cause of action against the Trustee for his willful misconduct in carrying out the activities described above.
9. The ~nks and the Trustee hereby agree that, if the State COmDences a private cost recovery action against the Banks or the Trustee under C£RCLA or state statute or co::on law for activities other than those conducted pursuant to this Stipulation, the Banks and the Trustee will not assert as a defense to such an action the terms and conditions of this Stipulation or the order issued pursuant to it.
10. The state hereby approves of the retention of ~~ by the Trustee as the technical consultant for the Stabilization activities to be conducted at the Sites. A copy of this
Stipulation shall be provided to ERM prior to co~encement of any of the activities specified herein. 11. Prior to "commencing Stabilization work at the Sites, the Trustee shall secure from ER."i evidence of insurance in an
a:oount not less than one million dollars ($l~OOOtOOO.OO) for
-7- L--- ~~ - j ~y-ol-1992 11:28 FR01" NYS DEPT CF LAW 9...FFR..O 10 P14-l..1 "~' .. r ...... -, J
coverage of any liabilities, injuries or damage to persons or
property ~hich :ay result" from the Stabilization to be conducted at the Sites under this Stipulation and the order issued pursuant to it. 12. This Stipulatlo~ shall not become effective until
it has been filed with the ~nXruptcy Court and such order beco:les a final non-appealable order. It the Court fails to approve this stipulation and issue an order pursuant to it, this Stipulation
shall be deemed of no force and effect and none of the pr~visions
hereof shall be deemed to' prejudice or impair the rights or
Te~edies of the Parties hereof. 13. This agreement shall be binding upon, and for the benefit of, the respective parties, their heirs, assigns, executors, administrators and successors-in-interest. 14. This stipulation may be executed in counterparts.
Dated: Ne- Yor~t New YorK January ___ , 1992
STATE OF' ~'"EW ':tOU ca.A l?"I' E R ,ROS'nf I I •
. ~I~~J ~ j By: C;'r.L ... -k.'Q.CQ~ By:" ./ I,·~.; {;/ ssistant Attorney General Ha .L !'Bulan Andrea Schillaci for Attorney General Robert Abral:s
-8- L..-, /-~- . / - . .. .:
nl'STON , S'l'UlOl Attorneys for National Westminster Ban~ USA, individually and as agent ~or Westcinster ~nk USA and Norstar Ba~, N.A., as participants •
8y: lie!&- Howard Seife
~IS BXACH , WILCOX No
By : ,,?'yy7 , ...... (
)10 O~EC"l'ION:
OFFICE 01 THE UNItED STATES 'rROB'I'XZ
By: ____~~~ __~ __------Guy Van Baalen Attorney for U.S. Trustee
Dated: Buffalo, Ne~ YorX January __ , 1992
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TI-l~' . ""'_-.--"'l CIS - 1.2001 - 1.2002 New York State Department of Environmental Conservation 50 Wolf Road, Albany, New York 12233 ....., ~ Thomas C. Jorllng Commissioner MAY 2 \ \993
Mr. George Pavlou / Acting Director \, .. -- - Emergency and Remedial Response Division ~. United States Environmental Protection Agency '" Region II 26 Federal Plaza New York, New York 10278
Dear Mr. Pavlou:
Re: HBSA Industries, Inc. Request for Emergency Removal
The New York State Department of Environmental Conservation (NYSDEC) hereby req~ests the United States Environmental Protection Agency (USEPA) to perform an appropriate CERCLA emergency response at the five locations listed in the enclosed report where various amounts of hazardous materials have been abandoned due to the pending liquidation of HBSA Industries under Chapter 7 of the U.S. Bankruptcy Code.
The enclosed information includes the following:
1. HBSA Industries' Chapter 7 Stipulation.
2. The stabilization work plan for the previously completed actions at each of the five locations by ERM and Enviro Clean Northeast, marked Exhibit A.
3. A detailed inventory of the materials presently staged at each location with site ma;:s, marked Attachment A and B.
4. Analytical information marked Attachment C.
5. Copies of manifests for materials removed from the locations during July 1992, marked Attachment D.
o pi: :"'l!e-.: ,jr. ·~.~le-C ;;..aper Mr. George Pavlou Page 2
Although these materials have been contained and staged we feel that they pose a potential threat to both the environment and public safety due to the pending liquidation of HBSA.
It may be possible to recover the cost of this action by being listed as a . creditor in the bankruptcy action if such action has not yet been completed. The New York State Attorney General's office is looking into this possibility.
If you have any questions, please contact Alan Rockmore of my staff at (518) 457-9280.
Sincerely, ~&e1~%c Director Div. of Hazardous Waste Remediation
Enc.
cc: w/enc.: Mr. Zachos - EPA, R~gion II, Edison, New Jersey wlo enc.: Mr. Salkie - EPA, Region II, Edison, New Jersey
~g;z$4lt';;;,)A_. CIS - 1. 300 1 - 1. 3003 "\VINSTON & STRA"\VN
H. WINSTON (1853-1886) 175 WATER STREET CHICAGO QF>="jCE SIlAS H. STRAWN [1891-1946) NEW YORK. NY 10038-4981 35 wEST WACKE~ DRIVE CHICAGO ILUNOIS 6OS01·IPOJ (312) 55&-56OC (212) 269-2500
WAS""lNGiON. DC Of'FICE FACSIMILE (212) 952-14704'5 1400 I.. $TREE'!. k Vv WRITER·S DIRECT DIAL NUMBER TELEX 2320459 CONY WASHiNGTON. DC 2':lOO!>-35C2 (21.2) 858-4744 (2'02) 371·S7CC
July 1, 1993 VIA TELECOPIER AND REGULAR MAIL
James Charles, Esq. Senior Attorney New York State Department of Environmental Conservation Division of Environmental Enforcement 270 Michigan Avenue Buffalo, New York 14203-2999
Re: RBSA Industries: New York sites
Dear Mr. Charles:
We write on behalf of National westminster Bank and Fleet Bank (formerly Norstar Bank) [collectively the "Banks"] to advise you on the status of the above referenced sites. As you will note, we have also forwarded a copy of this letter to Mr. Magriples at the United states Environmental Protection Agency ("USEPA").
1. Seneca Craftsman, Salamanca, New York
In regard to the Salamanca facility, a purchaser has been identified and the details of the transaction are currently under nego~i~tion. The proposal now under consideration provides that the purchaser will undertake disposal of the drums located on site according to proper state and federal regulations in exchange for an offset in the purchase price. If the purchaser does not agree to removal of the remaining wastes, we will, through the Trustee in this matter retain a waste disposal firm for this purpose.
2. Visu-Wall, Ellicott, New York
A proposal for the sale of the Visu-Wall facility is currently being reviewed by the County of Chautauqua Department of Public Works. The County of Chautauqua is expected to reach its decision on whether to purchase this property by mid-July. Depending upon the County's decision, we will arrange through the Trustee for the proper disposal of wastes remaining on this property. I '\YL"SPTO~ & STRA,\VN
June 28, 1993 Page 2
3. Visu-Craft, Jamestown, New York A plating equipment supplier, Mr. Dominic Runco has agreed to purchase the Visu-Craft building and its contents "as is. II We understand that he intends to sell or use the virgin chemicals as his inventory. The Trustee in Bankruptcy for HBSA Industries, has signed a sales contract with this purchaser. 4. Poland Facility, Levant, New York A verbal sales price for the Poland facility has been reached with a buyer. The puichaser will accept the facility "as is" in its present condition. Accordingly, the purchaser will be assuming responsibility for any necessary waste disposal under appropriate state and federal regulations. We note that wastes remaining at this facility were not hazardous. 5. Chase Interiors, Falconer, New York The Banks hold a second mortgage on this property and nave elected to release this security interest. copies of the appropriate notices to that effect are enclosed. Steps are being taken to file a mortgage release for the Chase Interiors facility in the county clerk's office and the Trustee in Bankruptcy has been advised.
As the foregoing provides, the only facility in which the Banks have determined to release their security interest is the Chase Interiors facility. This site is currently part of the bankruptcy estate of HBSA Industries and further inquires relative to this site should be directed to Harold Bulan, Esq., the Trustee in this matter. We note that in February 1993, the New York State Department of Environmental Conservation ("NYSDEC") acknowledged that the stabilization activities conducted at these sites were properly completed in accordance with the NYSDEC approved work plan. In light of these successfully completed efforts, it would appear that at this time none of the sites present an emergency condition warranting immediate emergency response action by the NYSDEC or USEPA. · \\"'LN"STON & STRA'WN
June 28, 1993 Page 3
If you have any questions in regard to any of these sites, please feel free to contact me or Debra L. Rothberg, Esq.
Sincerely, ~~~~~ Andrew M. Klein
cc: Harold Bulan, Esq. Andrea Schillaci, Esq. Mr. Nicholas Magriples, USEPA ~ Mr. Patrick Hanley Ms. Lisa Ensline Debra Rothberg, Esq. Heidi Sorvino, Esq. -= £1!&_L~JJ.aii'T01_2 ., W
CIS - 1. 3004 - 1. 3009
"?n'~S'l'ON & STRAWN
~~1SS6) FW"OE'MI::K H WINSTON 175 WATEn STII\!-'"'T Clll~ '>''let $ll.I\Ii H ~N f!1l'3'I~e; NEW YO~K, NY 100lR·.~e1 u ...... ,...... ~OA.~ I!>tK,;AO:C U.. J.!NOl:t tc..:.o-1~,J t:3' .. ~6ujC (212) 259·2~OO
~"I~"', c.c. Ot=FteE FAC31M,U: (21.1) IfS.,·,,7./l> ""lilT!!>;'. OIl'lllcT OIU "U~gE~ l~l~~N"". Ti'..v; 20t~59 ClJNY WA$;;fN...o.-ro.t4, !;I,c ~ (212) 85S-6875) ~ S7J·i7OQ
July 16, 1993
VIA TELECOP!ER and REGULAR MAIL
James Charles, ES~. Senior Attorney New York state Department of Environmental Conservation Division of Environmental Enforcement 270 Michigan Avenue Buffalo, New York 14203-2999 Re; RaSA Industries: New York Sites
Dear Jiln: This will give you a status update on our progress in the above-referenced matter.
1. SebeCA Cr~ftsman, 173 Rochester street, Salamanca, He", York: The purchaser (already an occupunt of this facility) has agreed to undertake arrangements for the p~oper disposal of the remaining drUllls of hazardous waste. A credit 01' the purchase price will be made to facilitate this task. Upon our receipt of the waste Manifests, we will fo~ard copies to you for your file.
2. Visu-wall, 2855 Girts Road, ~llicott, New York:
Negotiations fol,' th~ sale of this property to the county of Chautauqua are ongoing. A bid package for removal of the remaining hazardous wast~s has been conlpleted and will O~ sent to three consultants next week.
3. Visu-Craft, 153 Jones and Gifford Avenues, Jamestown, New york: All remaining "wastes" trom this site have been sold and th~ purchaser of th~se materials has, in turn, broker~d the ~~~ ;-~':;;:~.,f;::~1:·_:'~"':;.. m q .....- ~003 ~212 952 1474 WI~STO~ & STR~~ 07/1$/93 17:47 ------, --..
VVINSTON &: STIL-\.YVN·
James Charles, Esg. July l6, 1~93 Page 2
materia.ls to a firm in ohio. The "wastes" consist primarily of virgin plating inventory. We are awaiting receipt of Manifests for this "waste" a.nd \Ifill provide you with copies. This same party purchased on option for this property and is proceeding- with its acquisition of title. Approval of this sale is scheduled before the Bankruptcy Court on August 4, 1993, and will be final ten days thereafter.
•. Cha$~ lnteriors, Ine., 205-247 Lister AvenuA, Falconer, New York: As we previously advised, the Banks have determined to release their interest in this property which consists of a second mortgage. The Release is ~eing filed with the county Clerk, a copy of which is enclosed for your files.
All further inquiries regarding this property should be made to the Chapter 7 Trustee for HBSA, Harold Bulan, Esquire. He can be reached at (716) 854-1333.
We have been conto.cted by Mr. Nicholas Magriples of OStPA and have advised him of the Sank's oontihuinq interest in the above-referenced properties. We are providing hi~ with a copy Of this letter and again confirm that the only property that the secured crQditors in this matter have no further interest in is the Chase Interiors property. Please do not hesitate to call me it' you have any questions.
Sincerely, i ,.- ." ',/{I} ,"J.. L'lif-~ 1Debra L. Rothberg DLR:yi Enclosure cc: Harold Bulan, Esq. Andrea Schillaci, Esq. ~r. Nicholas E. Magriples, USEPA Mr. Patrick Hanley Ms. Lisa Enslein Heidi Sorvino, Esq. ~004 _ ~I~STO~ & STrl~~ -21295214 14 ------Oi/16 1 93 li:48 . u -- r~ i"Qlit- -Afl,lIt 41 1an .: )tn"'",t' ~ulI\hn, CONSU\.T 'I'QUR LAWYER BEJ:OR! SICNING THIS INstRUMENT-THIS INSTRUMINT SHOlJ1..0 Il US!O BY UWY I .. THIS INDENTURE, made the dar of q~ ..June..:r~ Iy I nineteen h\Jl'\ored and ninety-three
BETWEEN NATIOXAl. W£STHIHSTER BA.f{K USA. as age.nt, having an office at 175 liater Street, Hew York ... Plew York 10038
party of the first ptrt, ~l'\d
HSSA INDUSTRIES INCORPORATED, SEliECA CP.AFT~\H, LTD •• and I.FtILIATED IHDUSTRltS OF SHIPPENSBURG. INC •• having an office at 336-96 ih1rd Avenue. Broo~1yn. New York puty of the st:~ond part,
WHEREAS, the part)' of the fim part is the holdel" of the following mortga~ lI.nd of th~ bond or nl secured thereby: Mortgage dated the 21th day or April , 19 S9, made by HBSA INDUSTRIES IHCORPORAT£o, SEnECA 'P~'fJ LTD. t anl1 AFFILIATED INDUSTRIES OF SHIPPEHSBURG. lNC. ro .' NATlOHAl S(ESllUNSTER BAH):; USA. as Agent
lit'! tie prmc:pa" I lium o L•• ~ 2.000 .000.00 illl~ l rt~urce,I I' tn (L'bI er ) -,t;H!::,...... " t...~!t. :L€4.. .. 1859 ...... t'b',~'\rae of rnortg ... gt~, p:lJ::e 264 ill [h~ offi~\: of the County Cleri; o~~ '/ Chautauqua County
I covering certain lands and tenements, of which the lands hc:-einafter desc:,ibed a:'t part.
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TOGETHER with all right, title 4llld interest, if any, of the party of the first part ill and to ally st:eeu aml roads abutting the above Je,cribed prernilies to the center lin~ thereof and in ilnd to any fixtures o.lld articks of personal prope~y whit.." ate now cOl1t:lined in said prani!Ses ~nd which may ce covered by s TOGnHER with t.'le hereditaments" al!d ~ppUrtellaIlCe:l thereunto belol1glng. nna all right, rit!e and il1rc:re$t of the! party of the tint part. in and to the same, to the intent that the land:s here!:>y released may be di:;- charged from said mortgage • and that the rest of the lands in s;tid mortgage specified rnay remain l11ort~aged to the pArty of the first part a. heretofore, TO HAVE AND TO HOLD the lands and premises her~by released and qtli~dain1ed to th: 't)art)" or L''.I! sl!cond part, and to the heirs. successors and assigns oi the party o( the :second part forever. free. cle.ar and discharged of ~nd from all lien and claim under and by virtue or said mortgage aforesaid. IN WITNeSS WHEREOF. the party of the: first part ha, exe-:uted this relea.se the 6y ::!no ye3r :'ia: aboy!! written. as Agent h( P.ltES!NC~ 01': NATlOItAL ){ESTMIHSTER SA.'iX USA. 1-;:;'" vYI • ~~/. • ~ """., By: ~(AMJ ~~,~ Name: A...-<1..u.-\:J~ 1/'":"'" __ . T-f ..,.. ••• ~. _ ~:: .: ; :;' - ; . - ? :: ::' - ~ ? ? ': ~.~ :::2-:::-:~""~ ~005 WI~STO~ & STR~~ '6'212 952 1474 07/16/83 17:48 UA"1'f- OJ N1W YORK. COUNTY OJ u: ITATE 0' HEW YORK, CouNTY OJ -;" ~ \ 0:. the day of 19 , before me I On. the day of 19 , bdo:& me ~:,sona11y c:;;une per .son.a.Uy c;;;une tQ mt kr.owr. to be the ind.ividualdesenOed in a:.d who Ito me known to be the individual cescribed it: L'1d who cx~llted the fOl"egoinf inst."'U.~e::t. I.tl.d ad::nowledged trJU Cte:'"ae.d the iore,oing- i:1St:r'U:ne."'lt, a.::d aclaiowledged th.3.t c:xec:.::td the $&:De.. c:xet'.lted the S&:le. nAT! Q, NIW YOrU(, C:OUNTY 0' "I I STATE 0' N~W YORK, COUNTY Of ss: On the q day of ~~I'1,. 1993 , before me On the day o£. 19 , i>efore me y -personally c:a.me A-r-.~( v ,' DliJ.-ll J'tf- f.ltr~ona.lly came . to me known. who. Oeing _by m~ duly lworn, did depose and the 5ub,cribinf witness to the (oregoing instr.. anent, with say that he resides at N0'1 is w.,ru 5}-;, )J'( NY whom I am personally ;.u:qw.inted, who. being by me cu!y 10 0;'6" .. I ; sworn, did depose and say that he re.s:de~ at No. that he il the N,'ce P(fs;d4w+ 01 NATIO/iJ\l. WESTMINm~ aNiK. USA, as A~~t ·1 t.i~t he knows , the corporation deseribed . 3::. and whic.."t execute<:! the fo!"cgoir.g' instrument; -thst .:': I to be the individ'.!a! Ilfle",.. = the GEl;': -:ef eoaie EQ~f"fatt..;\ I tfa£.t ~ht set1' e!!be~ describ~d in and who executed the foregoing i:ut:urner::; 100 ;!ie i!'iS~f'\;jl'flen~b 61:lelel i:61"fOl'Me ~ee.!; that it '"tl ee Ithat he. said subscribing' witness. WQ.S present and s.aw ~i>t3 L)' .after ei the b&arG !if clireet(jfC~f e-edd eSr~9F:* execute the same: and that he, said witnes~. ar.d. that he sirned h is name thereto by..fflf+- order '. at the ume time subscribed h name al witness the~e:c. ~f the Board of Directo~s. 7b·!~;5:-i£2- i.rlra:st SEC1'tON Of PAn OF MO~"CAC;'EO l'U.MtSiS Tl1':"I No. !Loa: - - LOT IiATlOML ilES~IIiSTER BNiK USA, as Agent COUNT'{ OP. 10WN Chautauqua TO H!l5), lliDUSTRIES lHCORPORATEO. SENECA CAAFTSol4AH. fi&c:OfOOd AI ~tI<:liJes'! of j ()" '" bo ",,/ .¥ W GUARANTee TICOR TITLE Zip t\e. .--::--." ~006 n~STO~ & STRA~ , \ Oi 1 16 / 93 1i:49 ~212 952 1474 -.- --- .- .. ., .-- --- " , . ALL THAT TRACT OR PARCeL OF LAND, ~ituate in the Village of Falconer. County of Chautauqua an~ State of New York, And beinq a part ot uo~ 11, Town 2, Ran~Q 11 Of the Holland Land Company's Survey, and ~unded and described a8 follows: BEGINNING at the chedule A intersection ot the CQnte~ line ot car~er street 1n said Village of Falconer with the northerly line of landS ot the Erie ~ilroad company (tOnlerlY' the B " S.W. Railroad),: running thence couthwe5terly along the northerly line ot said Railroad Company's land ei~bt hundred sixty-seven and three-tenths (667.3) f~.t to ~ &take: ~cnce nQrthve~terly at right anqles to ~he northerly line ot e~id R4ilroa~ co~pany's land tour hundred (400) teet to the ~enter line of Lister Avenue: thence northeaeterly along tne center line or Lister. Avenue tvo hundred seventeen and e i 9ht-tantho (2~7.') !ee~ to a .point: thence aoutheasterly at riqnt anqles to the canter line ot Lister Avenue thirty (~O) feet to the ~ou~~erly bouna~ry of Li~ter Avenue, thence no~e~'tarly alon~ the southerly boundary ot LiSter Avenue .ix hunared twenty-four an~ rive-t$n~ (624.5) feet to the intersect10n o~ the southerly boun~.ry ot Lister Avenue and the we~terly boundary of Carter sereet; thence southea5torly alonq th~ westerly bounaary of Carter street one hUndred tw*nty (120) '~et to a point; thenc. northe~3terly at ri9ht Angl., to .the westerly boundary or Ca~er Street to the canter line ot Carter Street, thence sQuthe~$terly alonq ~e cent~r line of carter Street to .~ the place ot beqinninq, a ~i.tance of 250 feet. The party of tha first pa~ also hereby aortqaqe. to the p~rt~ of the second part allot ita riqht, title and interQat in and to Any and all lands ly1~q in .~y 5treet, avenue, alley, or road abuttinq, 1y1nq 1n tront ot or adjacent to the above aescribed premises, to the ctnter line thereo!. The pa~y of the tir5t part also hereby m¢rtqaqes to the party of the second part all o! its right, ti~le and interest in and to ~ny and all t1~ures attache~ to and/or u6Qd in connection with the a~ove described pr~~ise~, and ~ppurtenant Chereto. tnten~ing to mortQaqe the sa~e pr~ises vhich were conveyed to Phillip Let~, by Chautauqua Worsted Mill~ by an in~tru=en~ in writ1hg date~ the 9th d~y of Novecber, 1934, and which was recQrded 1n the otfice of the Clerk Of the County Q! Chautauqua on the lOth day ot November, 1934, at 11:40 o'clock in the morn1n9, in Lib.r 6lJ of Deeds at Page ~lO. l.t.sO KORTGAGIHG the right an,: ea.secent 1;0 forever =iil.intain " sewer pipe or seW'er line over pre::.ise:; conv'eyeC1 by Samuel s.ardo and Ro&e s~rdo to National Worsted Mil15, Inc., by deed ~eeorded in Liber 668 of Deeds at Page 379, sai~ premise~ being ~e~cribed a~ tollo..... s: ALL THAT TRACT OR P~CtL OF LAN 0 , situate in the Villaga of Faleoner, Chautauqua county, New York, bounded and deseri~e~ AS fol10.. &: Beginning at a point in the northerly bound~ of Lister Avenue tour hundred sixty-t..... o ~nd one-hal! (462-1/2) feet southwesterly from tne north..... esterly corner formed by the inte~s~ction of C~rter Street ~ith ~lster Avenue; running th~r.ce northwesterly at r1~ht angles with Lister Avenue to the northerly bound~ Of ~;e property deedeci to Chautauqua Wor~tcd Hills by Martha J. Falconer, Executor of the ' Last will of Patrick Falconer, decease~, by deed dated October 10, 1916, ~nd recorded in Chautauqu~ County Cle~k's otfice on the 1st Qay or Febru~ry, 19l7, in Book No. 242 or Oeeds Qt Page 568; running thence ~outhwe$terly along sai~ northerly bounds ot the property $0 deeded to 5aid Ch~utAuqUa Worsted Mills by said Martha J. Falconer, to ~ point in said northerly bounds, where a line erected ~t right angles to the nor~h@rly bounds of Lister Avenue frOM a point fifty (50) feet ~e5terly trom the point of beginnin~ inter~ects said northerly boundS of the p~operty SO dee~ed bY :" f:?gtg"'i;~"'" =-- . 'f .... " .~ ... .1 : · ...'-r ;':.\,.·. .. ~ ...,l"'1 001 - 1.4001 CIS -1 . 4 1\0 $".,., .j'" J' .... ft ;- UNITED STATES ENVIRONMENTAL PROTECTION AGENCY I I .. REGION II !1~ ~"'a~.f ..."',. .. tllW;)1.\."'.... EDISON. NEW JERSEY 08837 ,",,"\i y ~i~ 1'~...... i.J'j:\~ ...,; ..-.1 Mr. Michael J. O'Toole, Jr., Director Division of Hazardous Waste Remediation New York State Department of Environmental Conservation 50 Wolf Road Albany, New York 12233 Dear Mr. O'Toole: The Removal Program has received your May 21, 1993 request for a Comprehensive Environmental Response, Compensation, and Liability Act response at the five sites associated with HBSA Industries, Inc. We have been in contact with the New York State Department of Environmental Conservation (NYSDEC) attorney and the attorney for one of the creditors of the HBSA sites. Due to ongoing negotiations between the creditors and potential buyers at four of the properties, and the reported status of the recently stabilized sites, the attorneys suggested we delay the removal assessments. Sales are reportedly imminent or pending at four of the properties. The NYSDEC attorney is trying to address the pending environmental assessment and appropriate hazardous substance cleanups as a part of the negotiations. Once a course of action has been determined we will notify your office. At this time, we are delaying the removal assessments. Should you have any questions or require further information please do not hesitate to call either John Witkowski at (908)321-6739 or Nick Magriples at (908)906-6930. Sincerely yours, /~~Le~!; Richard C. Salkie, Associate Director for Removal and Emergency Preparedness Programs cc: G. Pavlou, ERR G. Zachos, ERR-RAB S. Becker, ERR-PSB D. Santella, ERR-PRTS ,------CUiEfuSe. oj ~afc{Jtte.1L CIS - 1.5001 - 1.5002 1" 101 \Vest Ivlain Street Falconer, New York 14733 Phone (716) 665-4·100 Fax (716) 665-9203 Au..g~:t 17, 1993 F.-€.. e.. e.:t 13 a..lt.h. AUn: Pa..:t. Ha..lt-te..y 1 0 Fow~n P'-€"a..za.. 13u..~~a....e..o, NY 14202 Re..: H13SA I~d~:t~~ p~op~y a..:t. 205-235 L~:t~ Ave... , Fa....e..con~, NY o e..a..'t. M-6. Ha..rtl .. e..y: It ..v., w-L:t.h :the.. tU.m0-6:t concvtlt. :tha...:t :t1t..t-6 .td.te..'t. L6 w-'t..Lt:te..n. A~:t~ cOMuLta.;U.on w-L:t.h :the.. Ma..yo/t, A.tb~ F. Ma..:t.:t.L6on, :the.. VLUa.ge.. 13oa.'t.d) :the.. FJ...'t.e.. Clue..~, S:te..phe..~ Roa..ch, :the.. Town o~ E~co:t.:t. PoUce.. Oe..pa.'t.:t.me..n:t. ISg:t. Rhod~), Lo~e.. Ta..y'-€"o/t 06 :the.. IOA, a..~d nu..m~o~ C.U.LZe..IW vo.-Lu~g :t1te...-0t. CO~Ce...'t.I1.-6, .t1t.L6 o~~.-Lce.. ~e..qu..~u :the.. ~oUow.-Lng -L:t.e...m-6 :to be.. J...mme..dJ...a..:t.e.....e..y a.dd~~-6e..d ~d ~e...-6o.-€..vQ..d: 1 • cu..:t. a.n.d /te...move.. OVVt.g/town b-'tU--6h a..nd mow Ya.'t.d-6. Re...a.-6O~: .to g/te..a..:t...e..y /te..du..ce.. va..n.da.U-6m, ~Q..ga..e.. a..c.tJ...v~~, du..mpJ...ng o~ :t.'t.a...-6h, e..nha.nce.. p oUce.. -6u../tV e...J...Ua..nce.., v VUTlJ...n con:t.Jto.t) a.-6 ce...:t.J...c p u..'t. P 0 -6 e...-6 a..nd ~ ~ e.. d e.. p a.'t.:t.m e..n...:t a. cc e...-6 -6 • 2. Spunh..e..e...'t. -6Y-6.te...m mu..-6:t /te...mun J...n wo~g co~dA...Uon o~ :the.. e..~e.. bf.L..i...tdJ...ng mu..-6:t ft.a..ve.. a.U wJ...ndow-6, do o~ a.nd 0 pe..Mng-6 cto-6e..d o~~ w-L:t.h p.tywood. Re..a.-6on: ft.J...gh po:tQ..~ o~ ~J...'t.e.. a.n. d .-€.. 0 -6 -6 0 6 .e..J...6 e.. . 3. Re..qu..~.t a. h.e..y :to 0~6.-Lce.. e..n...:t/ty ~ o~ :the.. FJ...'t-e.. CMe..~ ~:the.. e.. v e..n:t. 0 6 a..n e...m Q..'t. 9 e..n c Y • R e...a.-6 0 n : :thJ...-6 ma.k e...-6 6 0 ~ q u..J... c.h. ~ a..CCe...-6-6 by .the.. 6.-L't.e.. de..pa.'Vtme..n...:t a.nd ..'t.e..du..c~ da.ma.gQ.. o~ b~~g .-LIt. d 0 o~ ~ o/t a..Cce...-6-6. 4 • Na.m e.. a.nd ph 0 n e.. nu..m b Q..'t. 0 6 ca.../t e...:t.a.k Q..'t. • Re..a.-6 0 n : a. /te.. P/t~ e../1...ta.;t.L v e.. 0 ~ .the.. b a.nk wh 0 c.a..~ a.MW ~ J...mm e..dJ...a..:t.e.. q u.. ~ti 0 11.-6 o/t co n:t.a. c.t :the.. p~ 0 P Q..'t. b a.n.h. 0 6 ~ J... ua..e.. ~ 0 ~ a..n.. a.It.-6 w Q..'t. • Albert F. Mattison. M.w"r Anthony A. Cavallaro. Maurice E. Roach. Trustn Maurice E. Roach. Drruty M,yo, Su~rinf('nd('nt DPW David P. Mareri. Trustn Sue A. Benson. C1 5. Re..movCL-t o~ ~-tammCLb-tQ.. ~h. La..'lge.. qu..a..n...:U...Q...-!) o-{, pa..pQ..Jt, pUI1.;t, WO od, .-!)a..wdu..6~ a..n.d m~ce..Ua..n.e..o~ Ue..m.-!) .-!)ca..UQ..Jte..d ~h.'l 0 u.. gIL 0 u.;t .-!) t.'lu.. C-ttut e.. . Re..~on.: F~e... H-Lgh ~~ ~oJt ~-LJte.. -<- 9 n.-t:t:..-L 0 n. a..nd .-!) p Jt e..a..d . 6 . /3a...-!)-<-c mUI1,;{:.. Q..IU1..nce.. a..nd Jte..pa..-L~ .:to ~e..Q..P .-!).:tJULc.t.wte.. (.-!)) v-La..b-te... Ex..a..mp-tQ...-!): A. Se..vQ..'lCL-t .-!)/W..ppe..d Jtoo~ j o~u -<-11.. -6Q..qLLVt..CQ... Eve..JtY Jt~Ott .:to b~e..v e.. U w-L-U CO/1;U... n..u.e... B. BJtoh.Q../t. Jtoo~ dJta..-Ln. Un.Q...-!) du...mp-<-l1.g wUQ..Jt Ott ~ to 0 ~ a..nd c.a..tU:,-<-ng JU1..Jtdwo 0 d .:to he..a..v Q.., a.. 6 6 Q.. C-tin. 9 .:tlt.'l e.. e.. ~.t 0 0 Jt.-!) • C • Ulwe..CLL'lQ..d do oJt .:to Q..Jte..a.. wUh de..e..p dJto p 0 ~ ~ • D. BJtOh.Q..lL w-i.tl..dow.-!). E. No dooJt.-!) .:to .:two (2) ope..tt-Lng.-!) ott .-!)ou.;th .-!)-Lde.. 0-6 .-!)~c.t.wte... Lu -Lt. be.. u../t.de..~~ood .:th.a...t. .:the.. ~ O.lt e..m e..tt.t.-L 0 n. e..d U e..m.-!) Q..Jt e.. .:t 0 P.lt e.. v e.. n..t. p 0.:tQ..1t.tia....t -to.-!).-!) 06 U6 e.. a..n.d .:to be...t.:tQ..Jt -Ltwu..Jte.. :the.. h~h a..n.d w Q..t6 CL't Q.. 0 6 .:t/t.-L..6 co mmLLrtU Y • ThQ...-!)e.. v-<-o~o~ a..'te.. covQ..'le..d -Ltt .:the.. V~CLge.. Code.. by "ThQ.. P'topQ..'t.t.y Mun.:te..tl..Q..I1.ce.. La..w" a..n.d ChCLP~~ 42, 62 a..ll..d 72 , a..nd Su..b cfU1..p~Q..Jt "c" o~ .:the.. NYS F«e.. P.lte..ve..tt.t.-LOIt a..ltd Bu..-L..e.d-Ln.g Code... The.. .ltQ...-!)o-tv-Lttg o~ .:thQ...-!)e.. v-Lo.e..a...uo~ .lte..qLL-L.!tQ...-!) you...'l -Lmme..d-La..:te.. a..ttvl..:t-LOIt. Ma..y.:th-L-6 o~~-<-ce.. .-!)u..gg~:t a.. me..~g w-L:th you... O.lt a..tt a..ckltow-te..dge..a..b.te.. .lte..P.ltQ...-!)e..tt.t..a...t... You..Jt p.ltomp.:t a..tte..tttiOtt a..ltd colt-6-Ld~ott.:to ~ ma..ttQ..'t w~ be.. gJte..a...t...e.y a..pp.lte..c-La...t.Q..d. S-Lll..cQ..'tQ..-ty , ~e'47i!//(~~ A~bQ..'l;t F. M~on. Ma..y).It . "/ //1~£~~p. '. ~- R-Ldl..Q..Jtd C J~PMOn. CodQ.. E~O.ltce..me..n..t. 066-LcQ..Jt CC: V~a..ge.. Boa..'td G'te..go.ltY L. Pue..·WOIt, AUo.lttte..y S:te..phe..tt Roa..ch, F-L'le.. Ch-Le..6 Sg.:t. RhodQ...-!) , Town. 06 E-tUcoU PoUce.. Ve..pa..Jt.t.me..n..t. Lo.lt~e.. TCLy-to't, rDA Che..'ty-t Ru..th, Cha..u..t.. Co. S.It. P.ltoje..c.t. Coo.ltd-Ln.a..t.o.lt '_i. __~~~' -- ~ CIS - 2.1001 - 2.1002 {\ 1 " ,-. ,~ " OE rv '.:. l~' ~ .j Confirmation of Verbal Authorization for the Chase Interiors Site, Falconer, Chautauqua County, New York Bonita L. Green, On-Scene Coordinator Response and Prevention Branch George Pavlou, Acting Director Emergency and Remedial Response Division Richard C. Salkie, Associate Director for Removal and Emergency Preparedness Programs I. PURPOSE This memorandum is written to confirm the verbal approval given by George Pavlou, Acting Director for the Emergency and Remedial Response Division on November 30, 1993, for Bonita L. Green to use her $50,000 On-Scene Coordinator (OSC) authority. The $50,000 project ceiling is to initiate site security and stabilization. From the project ceiling, $40,000 will be for mitigation contracting. On May 21, 1993, Mr. Michael J. O'Toole, Jr., Director of the Division of Hazardous Waste Remediation of the State of New York Department of Environmental Conservation requested that the u.S. Environmental Protection Agency (EPA) undertake a removal action under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), as amended by, 42 U.S.C. 9601 et seq, at the Chase Interiors site. site Assessments conducted on September 13-15 & 27, 1993, confirmed that this site poses a significant threat to public health and the environment and meets the criteria for a removal action site. II. BACKGROUND A. site Description Chase Interiors, Inc., was a manufacturer of store display fixtures. The site is predominantly developed with a 150,000 - 200,000 square foot multi-story building. During the assessments it was noted that most of the drums and containers are stored in three major storage areas with many other containers scattered throughout the building. The storage areas were found to be overcrowded. One storage area contained hundreds of five gallon pails stacked four high and secured with duct tape. -2- The local police have informed EPA that the site has a history of breakins with doors and windows remaining unsecured. There is a fence wall surrounding the property, however there are several openings in it. There is no ventilation or sprinkler system in the building and the electrical power has been disconnected. B. Quantities and Types of Known Hazardous Materials An inventory conducted during the site assessments revealed that 71 fifty five gallon drums, 537 five gallon pails, 3 seven gallon pails, 32 four cubic yard boxes and 2 cylinders are stored on the site. The types of compounds on-site consisted of lacquers, paints, solvents, etching thinners and caustics. Present in these compounds are chemicals such as butyl acetate, sodium hydroxide and xylene. Many of these materials were field tested and were found to possess RCRA Characteristics for flammability and corrosivity. A small transformer in the furnace room was observed to be leaking. Field testing of the leaking oil indicated the presence of PCBs. C. Threat of Public Exposure The primary threat posed by the abandoned drums and containers is that of exposure through direqt human contact. A threat of fire, explosion or vapor exposure, caused by the reaction of the hazardous substances on-site also exists, which could occur as a result of their improper storage. At least several hundred people reside in the neighborhood directly adjacent to the site. The site is unsecured and access is possible through several entrances or from a first floor window. III. PROPOSED ACTIONS A. Proposed Actions EPA will establish 24 hour site security. Immediate actions to secure the site will be to place locks on outdoor entrances and on doors leading to container storage areas. A formal action memorandum will be prepared to stabilize, sample and dispose of the hazardous substances present on-site. IV. RECOMMENDATIONS Conditions at the Chase Interiors site meet the criteria for a removal action consistent with 40 CFR 300.415(b) of the National oil and Hazardous substances Contingency Plan. cc: S. Murphy, OPM-FAM CIS - 2.2001 - 2.2011 ,,,i\E,O $1'...... v ...... ",.,t UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ~ .. . , - REGION II ~~la~~ , ~. EDISON. NEW JERSEY 08837 1-'»<4, -.0'1\:.,,"'.'1,./ DATE: JAN I 3 1994 SUBJECT: Request for Ceiling Increase and Confirmation of On-Scene Coordinators Authorization for a Removal Action at the Chase Interiors site, Falconer, Chautauqua C01,lnty, New York - ACTION MEMORANDUM li' TO: William J. Muszynski, P.E. Acting Regional Administrator THRU: George Pavlou, Acti~g Director C\'I:-\~~~./~ Emergency and Remedlal Response Olvls1on SITE ID NO.: BV I. PURPOSE The purpose of this Action Memorandum is to request a ceiling increase, confirm the On-Scene Coordinator (OSC) $50,000 authority and document approval of the proposed removal action described herein for the Chase Interiors site, 205-247 Lister Avenue, Falconer, Chautauqua County, New York. On May 21, 1993, Mr. Michael J. O'Toole, Jr., Director of the Division of Hazardous Waste Remediation of the State of New York Department of Environmental Conservation (NYSDEC) requested that the U.S. Environmental Protection Agency (EPA) undertake a removal action under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), as amended by, 42 U.S.C. 9601 et seq, at the Chase Interiors site. On November 30, 1993, the OSC used her $50,000 authority to initiate site security and this authority was confirmed with George Pavlou, Acting Director, Emergency and Remedial Response Division. This Action Memorandum is to continue site security, stabilize and dispose of all containers on this site. This site is not on the National Priorities List (NPL) and there are no nationally significant or precedent-setting issues associated with this site. -2- II. SITE CONDITIONS AND BACKGROUND A. SITE DESCRIPTION 1. Removal Site Evaluation On September 13-15 & 27, 1993, preliminary assessments conducted by EPA confirmed that this site poses a significant threat to· public health and the environment, and meets the criteria for a removal action site. On September 13, 1993, EPA met with a NYSDEC representative to gain access to the building. An assessment was conducted for the purposes of air monitoring, hazardous categorization (hazcat) sampling and analysis, and confirmation of the inventory prepared by the creditors of HBSA Industries, Inc., which is the parent company of the most recent owner and operator of the site, Chase Interiors. The majority of the containers are stored in three major storage areas in the building at the site. The remaining containers are scattered throughout the three floors of the building. The three storage areas at the site are overcrowded with containers. Five gallon pails are stacked four high in rows separated by less than two feet and secured only with duct tape. In one of the storage rooms, the Organic Vapor Analyzer initially measured organic vapors at 100 units over background and maintained a reading of 30 units above background during the course of the assessment. The inventory was completed on September 15, 1993, and identified that almost 700 containers are stored at the site: 71 fifty-five gallon drums, 537 five-gallon pails, 3 seven-gallon pails, 32 four cubic-yard boxes and 2 cylinders. 2. Physical Location The Chase Interiors site is located at 205-247 Lister Avenue in an industrial/residential section of the Village of Falconer, Chautauqua County, N~. There are several businesses located adjacent to the property with the closest residences directly across the street. The building faces the north and is on the south side of Lister Avenue. The site is bordered on the south by an Erie Railroad track line. Portions of the building inside also present physical hazards due to the lack of lighting and the decaying roof. The roof of the building is leaking, resulting in slick floor surfaces and warping of the wooden floorboards on all three stories below. -3- 3. site Characteristics The original building was constructed in the late 1800s when it was known as the Wooster Wool Mill and operated until about 1968. Between 1968 and 1975, the Cresent Tool Company occupied the building, but little is known about the operations conducted during this period. In 1975 or 1976, the property was purchased by Frank Chase Cabinet Makers, which subsequently became Chase Interiors. A three story brick building encompasses most of the site property. The building has between 150,000 to 200,000 square feet of floor space and is predominantly of wood frame construction with some steel beams bracing areas that have subsided. During the assessments, it was noted that there were three main storage areas, which were primarily used for the storage of flammable materials. Chase Interiors built and finished store display fixtures. The operation consisted of gluing, wood fabrication, and spray painting. Accordingly, the Chase Interiors facility utilized various paints, thinners, shellacs, and adhesives which have flammable, corrosive, and toxic characteristics. The three main areas that contained materials were overcrowded with containers, with some of the containers leaking. A small transformer in the furnace room was observed to be leaking. Field testing of the oil indicated the presence of Polychlorinated Biphenyls (PCBs). There is no ventilation or sprinkler system in the building and the electrical power has been disconnected. This will be the first removal action to occur at this site. 4. Release or Threatened Release Into the Environment of a Hazardous Substance, Pollutant or contaminant A significant threat of release of hazardous sUbstances exists at the Chase Interiors site. Nearly seven hundred containers of various sizes are present at the facility and many of them are in deteriorated condition and leaking. EPA conducted an inventory of chemicals on the site and based on information obtained from container labels, previous site inventories and Material Safety Data Sheets, the following hazardous sUbstances have been tentatively identified at the site: -4- Types of Hazardous Substances Present statutory Source of Designation Compound of Hazardous Substances Waste flammable liquid RCRA section 3001 Waste flammable solid RCRA section 3001 Butyl acetate CWA section 311 (b) (4) Sodium hydroxide CWA Section 311 (b) (4) Xylene RCRA section 3001 Each of the above substances contains one or more of the following physical or toxicological characteristics: acute toxicity, chronic toxicity, corrosivity, reactivity, and/or flammability. The potential health effects from the hazardous substances listed above include: SUMMARY OF POTENTIAL TOXICOLOGICAL EFFECTS OF SELECTED COMPOUNDS Eye, skin, or respiratory system irritant Toxic by inhalation, ingestion, or contact Central nervous system damage Respiratory system damage : Kidney damage : : Liver damage I I I I I I I I I I I I ------~ ~ ~ ------Waste Flo Liquid X X X Waste Fl. Solid X X X Butyl Acetate X X X X Sodium Hydroxide X X X Xylene X X X X X X Although the contents of some containers on-site are clearly identified, some containers have never been labeled or the labels/markings have been removed or are illegible. These containers will be treated as unknown substances. A release due to a fire in the building is a route for potential human exposure. The site inspections by EPA found that the containers are haphazardly stored irrespective of their condition or the compatibility of their contents. Some of the containers -5- are deteriorating and have released their contents onto shelves or the floors. Some of these materials are potentially unstable when stored under their present conditions. 5. NPL Status The Chase Interiors site is neither listed or proposed for inclusion on the NPL. B. Other Actions to Date 1. Previous Actions In August of 1986, the u.S. Department of Justice convened a grand jury which indicted the Plant Manager and Chase Interiors for the improper disposal of hazardous waste into a storm sewer system on the property. Chase Interiors subsequently cleaned the storm sewers used for waste disposal and plugged any drains connected to them. In 1990, a consultant for Chase Interiors, prepared an Environmental Assessment along with a Phase II Workplan, which was never implemented due to the HBSA bankruptcy. Chase Interiors is a wholly owned subsidiary of HBSA Industries, Inc., which filed a voluntary petition for reorganization on August 13, 1991, under Chapter 11 of the u.S. Bankruptcy Code. On August 23, 1991, the company's creditors requested that HBSA and its subsidiaries be liquidated under Chapter 7 of the u.S. Bankruptcy Code. Chase Interiors is a PRP at the Envirotech II Superfund site in Tonawanda, New York, because it disposed of twelve drums of hazardous wastes at Envirotech's facility. 2. Current Actions There are currently no other actions taking place at this site. C. STATE AND LOCAL AUTHORITIES' ROLE 1. State and Local Actions to Date The State of New York is one of HBSA's creditors, because HBSA owes criminal penalties relating to one of its other sites. NYSDEC entered into a Phase II Order on Consent with Chase Interiors, which is now listed on its registry of inactive hazardous waste sites. As mentioned above, the Phase II Work Plan was prepared, but never implemented due to the HBSA bankruptcy. -6- In December 1991, HBSA's attorneys hired a contractor to prepare a stabilization workplan for the five HBSA subsidiaries. Under an agreement with NYSDEC, HBSA's two largest secured creditors, National westminster Bank and Norstar Bank, funded the stabilization of the sites, under the supervision of the NYSDEC Resource Conservation and Recovery Act (RCRA) enforcement unit. The stabilization actions were completed to the NYSDEC's satisfaction and were documented in the contractor's report dated November 3, 1992, which was approved on February 22, 1993 and March 1, 1993. On August 19, 1993, a letter from the Village of Falconer to Chase Interiors' creditors was sent citing various code violations at the Chase Interiors site. Such violations included boarded up of windows and doors, an inoperative sprinkler system, the failure to remove flammable trash and the failure to conduct basic structural maintenance and repairs on the building. None of the Village's concerns were addressed. 2. Potential for Continued State/Local Response Neither the NYSDEC nor the Village of Falconer have the resources currently available to perform the necessary removal action at this site. Thus, these entities will act in a support role throughout the duration of this removal action. III. THREATS TO PUBLIC HEALTH OR WELFARE OR THE ENVIRONMENT, AND STATUTORY AND REGULATORY AUTHORITIES A. Threats to Public Health or Welfare The primary threat posed by the abandoned containers, is that of exposure through direct human contact, fire, or explosion. There is also a threat of exposure to toxic vapors from the improper storage of hazardous substances. Most of the containers were found to contain chemicals that are flammable, corrosive, and/or acutely toxic. A removal action will eliminate any threats posed by the improper storage of these containers and minimize the potential for direct human contact. At least several hundred people reside in a neighborhood directly adjacent to the site. The site is unsecured and entry is possible through several entrances or first floor windows. There is a fence wall around the property perimeter, however there are several breaks in the fencing. Nearby residents report that children play on the property grounds and that on several occasions, persons have been observed entering the building. It appears that people trespass on the site, because parts of the building's electrical wiring has been stripped and doors have been propped open so that they do not lock. -7- B. Threats to the Environment There is a potential for a release from the containers inside the building into the environment. Some of the containers have broken open and released their contents onto shelves and the building floors. There are no secondary containment structures surrounding any of the containers on the site. A release or fire could spread runoff of chemicals onto the ground and contaminate the soil and potentially the groundwater. A spill of chemicals in the waste room could release materials from the garage door to the north and pollute the surrounding environment. IV. ENDANGERMENT DETERMINATION Actual or threatened releases of hazardous substances from this site, if not addressed by implementing the response action selected in this Action Memorandum, may present an imminent and substantial endangerment to public health, or welfare, or the environment. V. PROPOSED ACTIONS AND ESTIMATED COSTS A. Proposed Actions 1. Proposed Action Description The objectives of this project are: 1) abate the actual or potential threat to public health and welfare; 2) to immediately mitigate the actual or potential threat of fire, explosion, or release of hazardous substances into the environment in accordance with section 300.415 of the National Oil and Hazardous Substances Pollution contingency Plan (NCP); 3) to remove and dispose of all hazardous substances in accordance with RCRA and EPA's CERCLA Off-site Treatment, Storage and Disposal Policy, section 121(d) (3) of CERCLA, as amended. -8- The objective will be achieved by performing the following tasks: a) Securing containers: Any leaking or unsecured containers will be overpacked as necessary. All materials will be stored in a secure area. b) Segregation and SamRling: Materials will be segregated on site by existing identification labels, site inventories and by sampling and analysis to insure proper segregation of incompatible materials. Materials will be sampled as needed for disposal purposes, according to a site specific sampling plan. c) Bulking, Transportation and Disposal: compatible materials will be bulked as deemed practical for transportation and disposal. Manufacturers and others will be solicited to reclaim any containers, which appear to contain useable product for recycling and reuse. EPA will dispose of unusable or non-recyclable hazardous materials at approved facilities and in accordance with EPA's CERCLA Off-Site Disposal Policy. 2. contribution to Remedial Performance Although this site is not on the NPL and no long-term remedial actions are currently planned, the actions taken to date and those proposed in this Action Memorandum are consistent with the requirements of Section l04(a) (2) of CERCLA. 3. Applicable or Relevant and Appropriate Reguirements This site will comply with all federal and state regulations pertaining to site safety and proper disposal of hazardous substances, which are deemed practicable. 4. Project Schedule The project can be initiated within one.week of approval of the request for fund authorization. Segregation, sampling, overpacking, and securing of containers can be accomplished within four to six weeks. Disposal analysis turnaround time is estimated at four to six weeks. Final removal and scheduling for disposal should occur thereafter. Notifying and coordinating with manufacturers to reclaim materials and poor weather conditions could add additional delays in completing this removal action. -9- B. Estimated Costs A summary of the estimated costs for the proposed removal action is presented below: Extramural Costs: Regional Allowance Costs: a. Labor: including $ 186,000 mobilization/demobilization, sampling, segregation, staging, overpacking, lodging and per diem b. Equipment $ 42,000 c. Materials and field purchases $ 23,000 d. Laboratory disposal analysis $ 27,000 e. Transportation and disposal $ 128,000 f. site security $ 72,000 SUBTOTAL $ 478,000 20% contingency (Rounded) $ 96,000 SUBTOTAL $ 574,000 Other Extramural Costs Not Funded from the Regional Allowance Total TAT Costs, including $ 60,000 multiplier costs (Rounded) Extramural Costs contingency (20%) $ 12,000 Subtotal, Extramural Costs $ 72,000 TOTAL, EXTRAMURAL COSTS $ 646,000 Intramural Costs: Intramural Direct Costs $ 35,000 Intramural Indirect Costs $ 15,000 TOTAL, INTRAMURAL COSTS $ 50,000 TOTAL, REMOVAL PROJECT CEILING $ 696,000 Overall project costs could be reduced if manufacturers are able to reclaim materials for recycling or reuse. -10- VI. EXPECTED CHANGE IN THE SITUATION SHOULD ACTION BE DELAYED OR NOT TAKEN Delayed action in securing and removing the hazardous sUbstances from the site will extend the period of time that nearby residents are exposed to the threats presented by the conditions on the site. There is also the continuing threat of vandalism and arson at the site. People attempting to trespass and children playing on the property are routinely turned away by the local police department. Conditions noted during EPA's site investigations, such as leaking containers, will continue to cause potential public exposure. Failure to respond to the site will extend the time that hazardous substances on site will continue to pose a threat to public health and the environment. VII. OUTSTANDING POLICY ISSUES There are no outstanding policy issues known to exist with this site. VIII. ENFORCEMENT The esc is currently reviewing a draft PRP search report for the site and a PRP search is ongoing. This site has been referred to the office of Regional Counsel for discussion of enforcement options. IX. RECOMMENDATION This decision document represents the selected Removal action for the Chase Interiors site, 205-247 west Lister street, Falconer, New York, developed in accordance with CERCLA, as amended, and is consistent with the NCP. This decision is based on the Administrative record for the site. This Action Memorandum will also confirm the use of the $50,000 esc authority on November 30, 1993. Conditions at this site continue to meet the criteria for a removal action under 40 CFR 300.415(b) (2) of the NCP. It is therefore recommended that you approve this CERCLA removal funding ceiling request. The estimated project ceiling for this site is $696,000, of which, $574,000 is for mitigation contracting. The estimated costs of this project are within the Regional Advice of Allowance for the first quarter of FY'94. -11- Please indicate your approval of the funding for the Chase Interiors site, pursuant to your authority delegated by Assistant Administrator J. Winston Porter, May 25, 1988, Redelegation Memorandum, Delegation Number R-14-1-A. Approved: Date: 11u!t,( William J. Mgs'z 7 Acting RegiOnal Disapproved: Date: William J. Muszynski, P.E. Acting Regional Administrator Attachment cc: (after approval is obtained) K. Callahan, 2DRA G. Pavlou, 2ERRD R. Salkie, 2ERR-ADREPP B. Sprague, 2ERR-RPB G. Zachos, 2ERR-RAB J. Daloia, 2ERR-RPB C. Fitzsimmons, 2ERR-RAB W. McCabe, DDNY/CP J. Marshall, 20EP E. Schaaf, 20RC-NYCSUP A. Schmandt, 20RC R. Gherardi, 20PM-FIN S. Becker, 2ERR-PS C. Moyik, 2ERR-PS M. Doster, NYSDEC-Region 9 M. O'Toole, NYSDEC T. Grier, OS-210 J. Rosianski, EPD C. Kelley, TATL P. McKechnie, 2IG CIS - 2.3001 - 2.3021 \"~\rAvA~~J~'J 1090 King Georges Post Road, Suite 201 Phone: 908-22S-6t 16 Edison, ~J 08837 F:L'':: 908-225-703 i ~1,.::::~";;0I:~y:;.\~=s.':.':.~,,~... ·:.s: TELl [\IC:\L :\5::;I5 R E\IERCE\:Ci f\E [.\lU\-:\L :\\:f) (oJ~En::\TIU_ E(o:\ CO\:TR~\CT 68-\\-O-('(i,3c DATE: September 21, 1993 TO: Bonnie Green FROM: Irmee Huhn SUBJECT: Chase Interiors Site Assessment Report I. INTRODUCTION On May 21, 1993,the United States Environmental Protection Agency (EPA), Removal Action Branch received a request from the Director of the New York state Department of Environmental Conservation (NYSDEC), Division of Hazardous Waste Remediation to evaluate five sites owned by HBSA Industries, Inc. site assessments were scheduled for June 1993, but due to potential sale with the requirement to attend to the environmental needs, the assessments were postponed. All of the sites, with the exception of the Chase Interiors Site, were under negotiation for purchase. On September 13, 1993, the EPA Technical Assistance Team (TAT) conducted a site assessment. Based on available information, a significant threat to public health and the environment exists at the Chase Interiors Site. The potential for a release of hazardous materials exists, based on the types and quantities of materials present in the building, the deteriorated condition of many of the containers and the improper storage of the materials. The site is located in a mixed commercial/residential area and there are residential homes directly adjacent to the site (see Figures 1 and 2). II. SITE CONDITIONS AND BACKGROUND A. site Description 1. Physical Location Chase Interiors is an abandoned facility located in a partially industrial area at 205-247 West Lister Avenue in Falconer, Chautauqua county, New York. The site is predominantly developed with a 150,000-200,000 square foot multi-story building and is bordered on the south by an Erie Railroad track line. The building is facing north on the south side of Lister Avenue with a box container plant to the west and a dead end street to the east (see Figure 1). Roy F. Weston, Inc. MAJOR PROGRAMS DIVISION In Association with Foster Wheeler Enviresponse, Inc., Resource Applications, Inc., c.c. Johnson & Malhotra, P.C, R.E. Sarriera Associates, and GRB Environmental Services, Inc. ;" ~ ::: r I I .i >'" ..t ...'" r ~ ~ f !. ;:, -< i- .-f :. ,r I ::.n ~j 0 -!c ...... 1 .~- I ) ...... ->,,> , .1, \ ~--:-:--r' ... '!"'. .... "t';'" -··~---·IJ~~ ' ... eTO ..... ~u:::-.~-\\ -~----.-.------E..--&:l.--,-:=---- L .•.' C! "'- .... ,.~ ... 1:.... -':.:,"~ 'i~-;;:·' -.<-.--=-}----- .." .. ------.. "'" . _.-- ,- - .. '_.:..0. ~; J . 1'2.. • ' , '.'. E t p~OP c,":'Y LIUt: -. • I . . '. . ~ --:-I'r D ROP!:P.TY LOU!: • ~ . ~ ... _- -~._ ,._ -.;.... :::::"1 No.8 '. 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C C:JO:"P,~Y !...!LJ£ ~ . p I:'~E.; ~E!J:'c PP-C~~p,TY !.:l.~~_==_ ____, __. ______---- --LIST:='P... _- J...V:: .. -- ---_. _. ------:::=:::-----=--=-===::.::::.-..-.------,- ...:-=-::======:=:-::-. --_. -~ ,____ Yi£:iLJ1SJE1LWE~ ___ WATEr TANK I N J WASTE ROOM ElITnANC ~ -n E .LI I, OFFICE ROOM J- 1 I I JWj ~:-- PAINT ROOM n . r GATE ROOM 1111 r. --- CHASE INTERIORS, I~JC . . LEGEND FACILITY LAYOUT FALCONER, t~[W YOR\( 1-IAZl\nDOUS SUBSTANCES ~ . AND IIAZI\I -- .. n_ _ 'mr. tr:riJ-;--r"V'l Q)nv~~~q'i =:-..:: )lOln: [r L!j hJ r1 :::-=-:::::=::..: norl.t~t; iV-TC- - : ...... v~ ...... ~..-... .,..~~.... .1 ••• ~ ____...., ..,..u. . J~"" ...... __ .... _~ ..... p" ____ '/1'/'1 .. ~. , 2. Site Characteristics The facility was constructed in the late 1800s as the Wooster Wool Mill and operated until approximately 1968, until the plant closed. Between 1968 and 1975, the Cresent Tool Company occupied the building; little is known about operations conducted during this period. In 1975 or 1976, the property was purchased by Frank Chase Cabinet Makers, which subsequently became Chase Interiors. The facility is predominantly of wood frame construction with some steel beams bracing areas that have subsided. The facility utilized various paints, thinners, shellacs, and adhesives which have flammable, corrosive, and toxic characteristics. The facility had three flammable storage areas to store materials, but the areas were not necessarily complying with appropriate regulations. During the assessment, it was noted that there were four main storage areas. The materials were partially organized by ER..""1 Northeast (ERM), a contractor hired by the mortgagor to conduct a cleanup. The areas were overcrowded with containers; some containers were leaking. The five-gallon pails were stacked four high and "secured" with duct tape, with the distance between rows less than two feet. The shelves in the Paint Room were mostly cardboard covered metal bars. Upon entering the room, readings with the OVA were above 100 units and maintained 30 units while in the room. There is no ventilation or sprinkler system in the building and electrical power has been disconnected. 3. Release or threatened release into the environment of a hazardous substance, or pollutant or contaminant Some of the materials identified during the assessment are listed below: Lacquers, paints, solvents and etching thinners containing: carbon tetrachloride acetone toluene ethyl acetate butyl acetate xylene isopropyl alcohol methanol methyl amyl ketone nitrocellulose resin Base liquids containing: cyclohexylamine diethylaminoethanol silver nitrate trisodium phosphate 2-butoxyethanol sodium hydroxide sodium polyacrylate sodium lignosulfonite Many of these materials were field tested and found to possess RCRA Characteristics for flammability and corrosivity. Some are specific RCRA F-code wastes. A small transformer in the 5 furnace room was observed to be leaking. Field testing of the leaking oil indicated the presence of PCBs. p~ inventory assembled by the ERM contractor was audited; Attachment A reflects the materials found in the building. In addition to the ERM inventory, TAT inspected the building and noted materials found on the three floors not included in the inventory. Historical information reveals that there have been releases at Chase in the past. In August 1986, the U.S. Justice Department convened a grand jury which indicted Mr. Kenneth Kaminski and Chase Interiors Inc. for the improper disposal of hazardous waste into a storm sewerage system on the property. The facility was also known to produce waste oil, primarily from the operation of two air compressors on site. The principle hazardous materials used by Chase Interiors are associated with its painting and gluing operations. The bulk of this material is a nitrocellulose lacquer that was used in the painting operations. The lacquer, once spent, was said to be recycled on site using a small still. The resulting still bottoms were collected, stored, and disposed of as hazardous waste. The mechanism for future releases to the environment include deterioration, improper disturbance and vandalism of drums and pails. A sUbstantial fire hazard exists due to the presence of flammable materials inside the buildings. Large waste pile of paper and wood debris inside the building, as well as the flammable materials in containers, are all sources of ignition. 4. site assessment activities/observations On September 13, 1993, TAT met with a NYSDEC representative to gain access to the building. An assessment was conducted for the purpose of air monitoring, hazardous categorization sampling and analysis, and confirmation of the inventory. The inventory conducted by ERMwas confirmed; however, individual small container labels were not inventoried. TAT drafted a floor plan of the building (see Figures 4 through 7). Two notebooks containing MSDS sheets were used in conjunction with the inventory list provided by the ERM contractor. As of September 15, an inventory completed by TAT revealed approximately seventy one 55-gallon drums as well as approximately 537 five-gallon pails, three 7-gallon pails, 32 four-cubic yard boxes of less than one-gallon containers and two cylinders. Approximately half of the 55-gallon drums were stored in one of the storage rooms, the remainder wee scattered throughout the building. In reviewing the ERM inventory it was noted that a 230-gallon drum of grease was missing, indicating entry into the building. Nearly all of the drums and containers are stored in the three major storage areas, with many other containers scattered throughout the 6 'three floors. It was also noted that three of the four storage areas were unsecured. There is a Norgas propane tank on the eastern portion of the property, with approximately 200 psi of gas; the odor of propane was obvious when standing next to the tank. Additionally, there is a fenced in area with a gas pipeline in the southeastern corner of the site also near the railroad tracks. Portions of the building inside also present physical hazards due to the lack of lighting and the deteriorating roof. The building's exposure to the elements has caused slick surfaces and warping of the wooden floor on all three levels. There has been trespassing, as evidenced by empty electrical boxes where the wire had been stripped, and where the lock on a door was jammed with two nails to allow future entry. A total of 21 samples were collected during the assessment at Chase Interiors for hazard categorization. All samples were taken from drums or containers in the building. One sample of oil was taken from a transformer in the courtyard and the second from a small leaking transformer near one of the boilers. Results of the hazard categorization can be found in Attachment B. In general, air monitoring conducted in the main areas of the building using an explosimeter, photoionization detector (HNU-PID), Organic Vapor Analyzer (OVA) and radiation meter detected only background levels, however, there were elevated levels detected with both the HNU and OVA in the enclosed office room and in the paint room (see Figures 3 through 7). III. THREAT TO PUBLIC HEALTH OR WELFARE OF THE ENVIRONMENT, AND STATUTORY AND REGULATORY AUTHORITIES A. Threats to the Public Health or Welfare The site is unsecured and entry is possible through several entrances or first floor windows. There is a fence wall around the property perimeter. Nearby residents report that children play on the property grounds and that on several occasions, persons have been observed entering the building. Trespassing is evident from observations of stripped electrical wire and doors rigged to remain unlocked, in addition to as drum of grease. The drums and containers stored at the site pose a significant threat to public health. Due to the types and quantities of materials, poor storage conditions and history of unauthorized entry onto the property, the potential for a release is great if the materials are disturbed. Some of the containers at the site are damaged and many are leaking. The containers were found to contain chemicals that are flammable, corrosive, carcinogenic, teratogenic, oxidizing and poisonous. The threat of direct contact and an inhalation hazard exist to vandals and trespassers who can gain access to the building. 7 u ~------"~------ \L1 \3 w ---.- r '--- ,J!:=::nJ -= ~~~! : :~ LMhSFO"'m~ E-- OFF leG. DRUMS =-01\\ '\/\ \ \\1 I \\\6n WASTf= r ~ \ ~) ~ r- 5 . ) -, 00 \6 § 10 ~ WAS' r: 17 l __ ~"\00r~ 8 --;--1---]-- r:-~~'~- -- ~ I _____1-- I ~ !~ .-" ~' L-1_LI______--' - mn - ~ I ~I r \( I' J ---.I!I\I N 1__ ~ . (:: 1\\ \1\1\ W-E - --- - . - . - .~ . ------Figure 4 EPA PM - SPILL pnr:VENTlOI'I p, C\ 1/.,:., \ 'nnT \\ IOY\:, B. Green ® ~ EMEI tGENCY 11ESrONSE OIVISION 1..::.1 _ I I. on", III 1 \ _,~"d :lllll11 wllh ICI" lh 11 .. 111".:-)' IIW,.c-.<:'.II1I1II'ClII" """"' 1:011' • • TAT PM 1 II 'I ,n '. . r.I'.l.\'. I lou'" II"""" rl'l' i\ I'III h ~IIIII1", I",'" I :l'II/ II,',ullrt'I' ( All"" I"",h, I II .... I. Buhn 1.. ,,1 rll"lnll1l11l' llIal "I~lnll,,~)' IlIlerll",!I"" .... 1111', 6 I ~ JIj] , --' '---' I -.. ru ~ r GJ - PITI -i m -::J '~-iC\ >-i > 1 -::J -::J -I s: s: ::::.'"' -,; " ::::l I (I- ...... r.: 'I"" C) G1 - I ~ ~ CD 0 - CD CP ! :l :l ~ I i [ \..0 I :1 ~ 1 n '--, ' " 01 1- CD I~ H ..: I i ; -,i · (1 11 \ (?'J."--./ - :D1l:::n ru g'8 ~::o ~ ., L---G----1!L __l ~_ 'II Il_l l i,______: .' -; ::: Cl - "I ro ::; ro :l '"!j !. ,... 1.0 '"-:- ~ c: 'i J -: ro , .) :.. -..J -,. v --; /.;0 ~ 5 -; A sUbstantial fire hazard exists due to the types of material present within the buildings. A release of these materials could be devastating due to the close proximity to residential homes. Flammable, corrosive, and toxic chemicals have been stored together and, under conditions of fire, could generate a toxic plume that would impact the town of Falconer and surrounding communities. B. Threats to the Environment A release/fire could spread runoff of chemicals onto the ground and contaminate the soil and potentially the groundwater. A spill of chemicals in the Waste Room could release materials from the garage door to the north. IV. EXPECTED CHANGE IN THE SITUATION SHOULD ACTION BE DELAYED OR NOT TAKEN Delayed action to remove the hazardous sUbstances present at the Chase Interiors site will increase the potential for a release, fire and/or exposure. This may be due to arson, trespassing and/or the failure of containers due to age. V. CONCLUSIONS Based on the available information, a significant threat to public health and the environment exists at Chase Interiors. As stated previously, the potential for a release of hazardous materials exists at this site. This is based on the types and quantities of materials present in the building, their improper storage and the potential problems associated with any unauthorized entries onto the property. 12 TAT Site Assessment Inventory in the building (not included in the ERM-Northeast inventory list dated May 4, 1992) Date: September 15, 1993 FIRST FLOOR Courtvard Pole Star Transformer sp, RVA 250, Serial 6 - 19364-1-2, Voltage rating 4800j8320Y-240j480, 2.6% approx. impedance, Total weight 1750#, Pennsylvania Transformer Division, McGraw-Edison Company, Cannonburg, PA USA Pole Star Transformer sp, RVA 250, Serial 6 - 19364-1-1, Voltage rating 4800j8320Y-240j480, 2.6% approx. impedance, Total weight 1750#, Pennsylvania Transformer Division, McGraw-Edison Company, Cannonburg, PA USA Pole Star Transformer sp, RVA 250, Serial 6 - 19364-1-3, Voltage rating 4800j8320Y-240j480, 2.6% approx. impedance, Total weight 1750#, Pennsylvania Transformer Division, McGraw-Edison Company, Cannonburg, PA USA Area 1 2-55 gal DuBois Chemical Inc Boiler Water Trmt, Product #00935, contains NaOH, KOH, Diethyl Amino Ethanol, Corrosive, Cincinnati, OH 45202 (1 MT, 1 full) Area 2 1 gal Durabond paste spackling putty 1 gal All Pro pure shellac 16 oz Industrial adhesives of Indiana 1 gal HB Fuller interior floor covering adhesive 1 gal eyesaline concentrated 1 gal Cabots stains 1 gal Pelway (sp?) wood and metal finisher, flammable mixture 5 gal paint- maintenance grey Area 3 55 gal Metalene, The Metalene Co, Cleveland, OH, white powder 50% full, 55 gal DuBois Chemical, Isodex liquid boiler water treatment, corrosive, 75% full cyl liquified petroleum gas UN1075, approx size of a 10 gal drum Area 4 2-55 gal Paint arresters 20 box Paint arresters- water contaminated box 3x3x3' sand and ash 55 gal adhesives 40 gal fiber with 25% powder material 55 gal state Chemical 5 Ib bag powder 55 gal debris 55 gal poly- MW2 Entrance PL (TAT 014) 55 gal debris 55 gal poly-grey powder/ash/stones (TAT01S) 55 gal water? 5 gal water? 5 gal small capacitor/transformer (TAT 013) Area 5 Open area by paint room 5 gal unknown 1 gal DAF vinyl spackling Area 6 1 gal yellow liquid in milk jug 2-32 OZ high gloss enamel 32 oz acrylic primer sealer 8-1 gal paint cans 3.5 gal Mercer vinyl cove base cement (combustible) 55 gal garbage Side room off main 5 gal rigid DK-thread cutting oil 13-55 gal garbage and samples from monitoring well installation Area 8 5 gal Unocal 76 1, 1, 1-Trichloroethylene, UN2831, Health-1, Flam-1, React-1 Area 10 other side of office 10 gal unlabeled- water? front office 1 gal black liquid 1 gal Windshield wiper jug with other material Area 12 55 gal National Starch drum- upside down, stuck to floor or surrounding junk J...rea 14 3-15# bags National Casein of New York, PO Box 226, Riverton, NJ, looks like hot melt or PVC pellets 1 gal Gum Terpintines 2 gal Waterproof adhesive 1 gal unknown Area 15 55 gal Peter Cooper liquid glue Area 17 1 gal machine oil 1 gal thinner Area 18 25# Frey Lub Norimrust, rim rust retardant and tire lube 1 gal Mobil grease 1 gal Mobil liquid Second Floor Area 2 1 gal Pecora white M241 Elastic Glazing compound 4-55 gal garbage 1 gal Hexene #2 detergent disinfectant, Emulso Corp, 301 Ellicott st., Buffalo, NY 14203, EPA Reg.# 19-3, Active ingredient-2.25% n-Alkyldimethylbenzylammoniumchloride and2.25%n-Alkyldimethylethylbenzylammoniumchloride, 95% inert Area 3 1 gal Endbac Johnsons Wax (commercial product) 16 oz Hydrogen peroxide solution 8 oz collyrium for fresh eyes 1 oz Tincture merithiotate 1 gal Maxwell coffee can with red liquid 1 gal Maxwell coffee can with white powder 1 gal Folgers coffee can with white powder 1 gal Allstate liquid for brazing- net flux 16 oz AntiSpatter, heavy duty, flammable 3 rolls reddish clay (8"X3") 5 gal fiber-red powder 1 gal coffee can labeled Whitting Powder, Health-2, Flam-I, React-O 5 gal fiber-red powder, Exolon Rst, Net 100# Area 4 5 gal unknown-glue? 3.5 gal HB Fuller adhesive, WC0662 5 gal unknown 55 gal catching water dripping from ceiling 16 oz Rez N-Glue EP 5 gal unknown -under office in w corner 5 gal Moorcraft vinyl latex primer sealer 55 gal poly -NJ891103623, Formula ---, Safe for ----- Area 6 7-1 gal Plant Wood No.393 adhesive 1 gal Endura bond Part B 1 gal Endura bond Part A 4 oz Avonite Fusion Kit 5 box UNILAB buffing compound-red tubes Area 7 2-1 gal Endura Bond 700, epoxy adhesive Part A & B, 1 @ 32 oz Glastic master, glass cement, grey coating Third Floor 3/4-55 gal debris/wood chips/paper Area 8 25 gal Kelite-O, Manufacturing plants in Los Angeles, Chicago,Berkeley Heights, NJ, Spray white, non- flammable, US patent No 2,381,24 5 gal Mercer vinyl cove base cement (solidified) Fourth Floor office equipment Files- canceled checks, requisition forms, production cards, billing, time cards, etc J...rea 4 5 gal unknown-glue? 3.5 gal HB Fuller adhesive, WC0662 5 gal unknown 55 gal catching water dripping from ceiling 16 oz Rez N-Glue EP 5 gal unknown -under office in w corner 5 gal Moorcraft vinyl latex primer sealer 55 gal poly -NJ891103623, Formula ---, Safe for ----- Area 6 7-1 gal Plant Wood No.393 adhesive 1 gal Endura bond Part B 1 gal .Endura bond Part A 4 oz Avonite Fusion Kit 5 box UNlLAB buffing compound-red tubes Area 7 2-1 gal Endura Bond 700, epoxy adhesive Part A & B, 1 @ 32 oz Glastic master, glass cement, grey coating Third Floor 3/4-55 gal debris/wood chips/paper Area 8 25 gal Kelite-o, Manufacturing plants in Los Angeles, Chicago,Berkeley Heights, NJ, Spray white, non- flammable, US patent No 2,381,24 5 gal Mercer vinyl cove base cement (solidified) Fourth Floor office equipment Files- canceled checks, requisition forms, production cards, billing, time cards, etc FIELD ANALYTICAL RESULTS CHASE INTERIORS SITE Falconer, New York SAMPLE DRUM FIELD TEST LABEL INFORMATION SARA 302 SARA 313 CERCLA RCRA NUMBER SIZE RESULT EHS TOXIC SUB HAZSUB WASTE NO. TAT01 SSG Flammable Organic Methyl Benzene, Ethyl Acetate, Methanol X X 0001 Liquid Acetone, Nitrocellulose Resin, Toluol TAT02 SSG Flammable Organic Butyl Acetate, Xylene, Toluene X X 0001 Liquid Methyl Amyl Ketone, Isopropyl Acetate TAT03 SSG Flammable Organic Toluene, Xylene, Mineral Spirits X X 0001 Liquid Paint TAT04 SSG Flammable Organic Ethcing thinner, Acetone, Methanol X X 0001 Acid Liquid Toluene, Butyl Acetate. Isopropyl Alcohol 0002 TATOS SSG Flammable Organic 460 Solvent, 2251 Oil. 150 Solvent 0001 Liquid TAT06 10G Copper Dust Coppertone #420 X X TAT07 SG Flammable Organic Lacquer #8A 0001 Liquid TAT08 1G Inorganic Peroxide Bleach" A" 0001 Liquid TAT09 SG Inorganic Base Bleach "B" 0002 Liquid TAT10 SSG Inorganic Solid Oebris drum TAT11 SSG Inorganic Base Cyclohexylamine, diethylaminoethanol X 0002 Liquid TAT12 SSG Combustible Organic Dextron II transmission oil Liquid TAT13 Trans- Askarel (Pure PCB) Unmarked small transformer X X former -. FIELD ANAL YTICAL RESULTS CHASE INTERIORS SITE Falconer, New York SAMPLE DRUM FIELD TEST LABEL INFORMATION SARA 302 SARA 313 CERCLA RCRA NUMBER SIZE RESULT EHS TOXIC SUB HAZSUB WASTE NO. TAT14 SSG Wastewater Debris Drum (Aqueous Liquid) TAT1S SSG Inorganic Solid TAT16 SG Silver Nitrate Silver Nitrate X TAT1? SG Chlorinated Carbon Tetrachloride X X D001 I Flammable Liquid 0019 TAT18 SG Inorganic Base Trisodium Phosphate, Sodameta Silicate 0002 Liquid 2-Butoxyethanol TAT19 SSG Inorganic Base Sodium Hydroxide, Sodium Polyacrylate X 0002 Liquid Sodium Lignosulfonite TAT20 SSG Wastewater labeled" solvent contaminated water" (Aqueous Liquid) TAT21 Trans- Non-PCB Large Transformer .f()rl1!Elr Combustible Oil CIS - 2.400 1 - 2.4004 u.s. ENVIRONMENTAL PROTECTION AGENCY POLLUTION REPORT I. HEADING Date: January 26, 1994 Subject: Chase Interiors Site, Falconer, Chautauqua County, NY From: Bonita L. Green, OSC, Region II, Response and Prevention Branch To: W. Muszynski, EPA S. Becker, EPA K. Callahan, EPA C. Moyik, EPA G. Pavlou, EPA M. O'Toole, NYSDEC R. Salkie, EPA M. Doster, NYSDEC (Region 9) B. Sprague, EPA D. Geraghty, NYSDOH J. Daloia, EPA A. Mattison, Mayor of Falconer J. Marshall, EPA R. Josephson, Code Enforcement M. Basile, EPA S. Johnson, Chautauqua cty DOH E. Schaaf, EPA ERD, Washington, (E-Mail) A. Schmand, EPA TAT POLREP NO.: One (1) II. BACKGROUND site No.: BV Response Authority: CERCLA NPL Status: Non-NPL Action Memo Status: Final 1/18/94 Start Date: 12/13/93 III. SITE INFORMATION A. Incident Category CERCLA incident Category: Inactive Production Facility B. site Description 1. site Description The facility was constructed in the late 1800s as the Wooster Wool Mill and operated until approximately 1968, until the plant closed. Between 1968 and 1975, the Cresent Tool Company occupied the building; little is known about operations conducted during this period. In 1975 or 1976, the property was purchased by Frank Chase Cabinet Makers, which subsequently became Chase Interiors. (2) Chase Interiors is an abandoned manufacturer of commercial and industrial furniture. The site is located at 205-247 West Lister Avenue in a lite industrial/residential section of the village of Falconer, Chautauqua County, New York. The site consists of mainly a 150,000 - 200,000 square foot multi-story building and is bordered on the south by an Erie Railroad track line. The building is facing the north and is located on the south side of Lister Avenue, with an industrial facility to the west and a dead end street to the east. A residential neighborhood borders the facility to the north. On August 13, 1991, HBSA Industries with its five wholly owned subsidiaries, including Chase Interiors, filed a voluntary petition for bankruptcy reorganization under Chapter 11, and on August 23, 1991 the company's creditors converted the case to Chapter 7. This meant that all of HBSA's assets would be liquidated and all of the facilities owned by them would be put up for sale. The creditors hired a contractor, which under the New York state Department of Environmental Conservation supervision, temporarily secured and stabilized the site. However, shortly after the stabilization activity was completed the Chase Interiors site was abandoned leaving the numerous containers on the site unsecured. On May 21, 1993, the NYSDEC requested that the u.s. Environmental Protection Agency (EPA) conduct a removal action pursuant to CERCLA at the HBSA sites. However, four of the sites currently have buyers who are willing to handle the cleanups. A preliminary assessment was conducted at Chase Interiors on September 13-15, and 27, 1993. The assessment confirmed that the site meets the criteria for a removal action under CERCLA. The site assessment also revealed that an imminent and sUbstantial threat to public health and the environment currently exists at the Chase Interiors site. 2. Description of Threat There is a potential for a release into the environment from the containers inside the building. There are no secondary containment structures surrounding any of the containers on the site and some of the containers have released their contents onto shelves and the building floors. A threat of fire and explosion exists at the site, which increases the risk for direct human contact by firefighters and residents adjacent to the site. Vapors and runoff could also contaminate the soil, air and nearby properties. (3) C. preliminary Assessment Results On 9/13 & 27/93, EPA and TAT met with NYSDEC represent atives to gain access to the building. An assessment was conducted for the purposes of air monitoring, sampling, hazardous categorization (hazcat) analysis and confirmation of the inventory. TAT drafted a floor plan of the building. As of 9/15, the inventory was completed and revealed that approximately 71 fifty five gallon drums, 537 five gallon pails, 3 seven gallon pails, 32 four cubic yard boxes with less than one gallon containers, and 2 cylinders are currently stored on the site. Nearly half of the 55 gallon drums in the building are stored in a small room with the remainder being scattered throughout the building. A total of 21 samples were collected from the drums and containers during the assessment for hazcat analysis. The results indicated the presence of hazardous substances and hazardous wastes on the site. One sample of oil from a leaking transformer in the courtyard, indicated the presence of PCBs. IV. RESPONSE INFORMATION A. Planned Removal Actions The scope of work for the removal action includes the complete removal and disposal of all hazardous materials at the site to CERCLA/RCRA approved facilities. The planned action will include sampling drums and full hazcat analysis. Once wastes are categorized, composite samples will be generated and sent off for further analysis. Once the results are received all compatible materials will be bulked, with smaller containers being lab-packed. All containers will then be shipped off for disposal. B. Situation 1. Current situation On 11/30/93, the OSC utilized her $50,000 OSC authority to secure the site and initiate 24 hour site security. 2. Removal Actions to Date On 12/13-14/93, ERCS secured the doors with hasps and locks and "No Trespassing" signs were posted. Twenty four hour site security began on 12/13 at 1700 hours. (4) On 1/19/94, a site visit was conducted by the OSC, TAT and ERCS in order to familiarize the personnel with the site in preparation for the planned mobilization. Due to inclement weather conditions, which would severely interfere with the removal action, mobilization will be rescheduled at a later date. Materials on-site were found to be thickened and/or frozen, which would make them extremely difficult to properly characterize and there were many safety concerns as well. security will be maintained for the site until all containers have been removed. 3. Enforcement A PRP search was conducted and revealed that other than the owners, no other PRPs exist for the site. There currently do not appear to be any viable PRPs. The site has been referred to OCI for a possible criminal investigation. C. Next steps Full mobilization is scheduled for sometime in March or when weather conditions permit. D. Key Issues None at this time. v. COST INFORMATION The estimated costs for this removal action to date, were not available at the time this document was generated, however below are the project ceilings: ERCS Costs $ 574,000 TAT Costs $ 72,000 Intramural Direct and Indirect Costs (Regional) $ 50,000 Total project Ceiling $ 696,000 / L/ VC//' / ..... ; / _ ·~aturc1ay; December 11. 1993 CIS - 3.1001 - 3.1001 ~~ ' F31ccinet Mayof-Abe'MilftIson-and other Vill age 'ofii~; ' '. 'cials have been working with federal and slate agencies to . fj.. get the cleanup started. He said he believes that the mate- . :~EalcQii~r ; Sit~ ~f] ~ , rials are stable and contained. . " ' . - . .: S"~ " There is no reason to be of any concern." Mattison ,;:i said. "This is a very controlled situation and there are no . i:, imminent dangers involved.': .' " , _' ,; , ' , ' .' ;T~(g~ted . ~: , '. He said that all agencies involved are cooperating in : FoiE:lr ~e~~~ eS~~:'~f ~~ bu~~n; ~o:n~le~ 'h~ been' a Pal'- .~ . ticular concern to Mattison because it is across from a : ~ . railroad track that provides an access to the buildings, But · ~, security measures wil~ be in place Mo.nday to protect the .EPAiCleanur.)j j- entire complex. . .. ' ' 1'.,,' . : ' : ' ". , ": , " . • . ,." :. ..; < ... ,' ; ,. " "" -tr~ '::~ ~ : ;j< Since the site has been abandoned, areas have become ,~ ,~ overgrown with brush. The mayor has received com (' plaints aoout the unsightly and unsanit;ary conditions of Chase1ntf3,[iqrs Compl~1 t~}·~ ;;: the area .> ., " . . . ' " ,'. , " '1, . " , t-:, > 'The~ ar~ metal parts allover the area,"· he said. - .. .•. To Be .Sea/ed.Off Monday ~. J ':;?' ·Mattison would like the whole building comple,x . . . ). . "!l ' . ~J ." By DAVID C. WEBB' ~ . :.J ~ , .cIeaned up and razed so that the land can be used fpr,n~"".: :<" ~ commercial development. '.! ~ ;~~ :: ~ " '" ' .. : ~ ~ > . FALCONER - Federal and state environmental agen~· : .->~ cies will clean up haiardous materials found at the fon;ne(. ~ 'Dick Josephson. village code enforcement officer. said >-:;; tthat at ,least one building on the:site dates to.. 1895, when it, .. Chase Int~riors ~omplex using emergency Superfunds,; ~ ,.~ -:;'};i ~ The sIte will be cleaned up by the federal-. ' '';~ . '-was7 _ owned )y ~ Chautauqua. 'yvor-t, Environmental Protection Agency using Junds of mor~ ~ ·; ; ~ 'sted 'Mills. Several addItIOnal than$lmilliontostart : .. . ' ","" ', ; r'~ >": ';' , buildings." ~w~~e, ~ con~tru~~; , ~~ : its The Post-Journal has learned the EPA will secure the "~ I j fbl'story'.'T' ." , .',.,."" '" , {~ ,, ' ''''' \ entire 6.5-,acre ,site. M0.nd~y~d. provide 24-hOur~ecu!'jtY : ' ;q r' .Chase ,Interiors ' Inc.' Division of rHBSA' Industries bas been cited in ; to N~~~c~~n'th~ ~ ~h~~~~e~;~~i ~g~ncy is ~xp~c~ed t~ 'b~~i,~g:~ : ?) .!me past for illegal dumping of sol-. cleanup efforts at the sIte of the former manufacturer of. .:, ;'j' ;: vents, The corporation was fined ; O hardware .s~ore' fIXtures located on Lister A venue. · , . :;j~: : ~ .~::; ~$50.000and its ,manager Kenneili 1 . In addItIOn to the federal cleanup, New York State: / ;' It Kaminski of Jamestown was sen- ~' ... ',. : - ,t : ~ . ' , , " \ _ . . Department of Environmental Conservation will begin an , fi:j """ ~ !!It~~ • .::-'.' 9\' ''- '¥ -,-, - ~ -, ' '" ":"'f assess,ment of the area using suite Superfunds, according:'~ ;; ,~ ~lenced w'two yearts probation ~ a , , to Martin Doster of the DEC. ,,' ( : . "" , " " j' " , • •. :;:<:;.: ~caSe of-illegal dumping in 1989. ' : "The ~!te has be~n~u~~~ over ,to:}he'?pp. . for .;d:un\ :,~, t ,.. Kaminski ' allegedly . ,dumped . removal Dostersrud.· \." ' , · ,' · ,,· "". " ' " , , - : .; ~ ; ilhazardous ';'wastes ' into ra r 'storm , . He said that Chase ympl~yees apparently moved ~e~er~: . )i: ; sewer that leads to the Chadakoin . al barrels and, cans " " " , . " -. . ' .. ;;:<, t'River " ' ~:lI:q ,ji ;.ii. C·'jn'i!. ..;.i!< Y.d ! i', ' i · ' ~ " of sol vents into ": a ~ , ;.j' a 2.1, .·i j-j' ~4: ' l !~ ';! · ·,,· !~ 'J"t ';: t''') ' '7~ /< " : ;d JJ ' - ',; r f~ ' ':" , room on the site,;')' ;".·In 1988, there .was a , fU'e at the . ;'plant, that was caused by ,an ',over- . and locked it;. The.' ~:~' i . . complex was aban~ " .,.: ~ ~heated 'air compressor. ' The, fire' .' doned by the comf Z;.~ h!"as extif!gui~hed in about an bour: .~ pany earlier this ::;J ~ :.--( The'JfIre mvol~ed heavy..toxlc . ~ smoke from ,the ..compressor. , .and year. '. . " :'. "'.;:/,\ , .. f ~ I .. :: . ... , ~ ';...... ~ ~ " ,- " ," • ". '~ ' ; - . - . :'( ",. ".. . Environmen'ial: 'ft, Protection Agency:{ , , ~~ fSo;ne"Z~dboa;d-t;,~eS' . that caught· workers' will clean ~;,~t.2, CHASE INTERIORS . ~: :, }~, , fU'e.' One~ , fIrefighter · was · treated up the ., barrels and 'r "'.. " "~ . : ~ " ' ",." ' .",;,, ..' " . '... ' ..... ::-, ";)"'"3 f :.. , and. released from WCA Hospital. cans of materials; while the .state 'environmental agency ....~ .\ . ~ . ~ . • will concentrateon ~ h~d()us materials .thatar~ in othe~ .. ~ >J : parts of the coml?lex/ ~~ ~ ;~ ~.,;:' >;>~1 /+ f"'-. · : · ; ' :-:ii · :~ ' ~ " < " ' ~ 1 : The stateenvlionmentaldepartment took testsamples < " ;"~, from ~e wound· fro~)eV~IlU'?Catigris : this, year, ' Theit::~ ;;i ~ . IllvestigatlOn revealed ' ~at ! hazardol,lS.'matenaJs : are pre- ~. ' ,;j r :Sent at the site;' l,lcCordfuto' Doster .;9i~~tq(;~:r"f< J~; _ ;.~ ; c ;> ~·., :><:j ~ / A complete report .. 6Eliazardoug:materials aU he site, .' ~ · wi}l ~hl,ll~de; ~yan~b!~ilt~the;~ginning'·pf , the . year. ~el> ~} saJ.d. :.. :;.· · ·; ~ ' ~: ... :: · · ~,if·;~ .r.!f~'t~~:J.. : I;·~"~!l1--' <.: " ' ! '. ' : : ' ~ , . '~ : : ' .:· r-. f: .~ -~; · ·· f,: ~"' .~ : .. "A decision -Wii1 ~thfri ' be ~irtade: lithe.site 'will 'neecl it . : c;; i'. cleanup or have ,no f~rther .actioll:·~poster'said. . ~ , . ~;;: ~: :~~; Hazardous 'matenals.a( th.c"'slte mclude solvents and .7~ ,: " · lacquers thatcpntain haUii'dous materials such as xylenes :;' oJ and toluene; according to the DEC. Some of these ,matllri- ':~ '::~ als were d~mped intopi~~ .~t ,: ~,r:,e.~~ ;~~t??,a~~.. ~d.~ ::',; i covered WIth gravel. _ ' J. }' ;".; ... ,'4;,,' _ , .,. .~ \i4 it ~ : ;'~' ,, :... .; .:,.,;...... ~ CIS - 3.1002 - 3.1002 THE POST-JOURNAL, Jamestown, New York,~Tuesday, December 14, 1993. Hazardous Materials Are Secured! And Contained At Falconer Site By DAVID C. WEBB "Superfund site" generally refers to a secure the area. FALCONER Monday's highly-contaminated 'site that Ms. Green said the primary hazard' inspection at the former Chase requires remedial work to clean, up in the rooms is that they contain bar-: Interiors complex showed III haz sotland groundwater. Chase rels and cans of flammable materi-: ardous materials are secured and Interiors is considered only a also contained, said the Environmental removal site. '~'rhey are mostly paint-related: Protection Agency's on-site coordi . Her departm~nt ?f .the EPA, based and that type of materials," Ms.: nator. m New Jersey, IS hmlted to one year Green said. : Bonnie Green of the EPA said of. w?rk by local contract TAT-02-F-07054 COMMUNITY RELATIONS PLAN Chase Interiors Falconer, Chautauqua County, New York Prepared for: Bonita L. Green u.s. EPA Region II Response and Prevention Branch Edison, New Jersey 08837 Prepared by: Technical Assistance Team Roy F. Weston, Inc. Major Programs Division Edison, New Jersey 08837 March 1994 I.BACKGROUND A.Site Description Chase Interiors is located at 205-247 West Lister Avenue in Falconer, Chautauqua County, New York. The site is an abandoned facility in a partially industrial area, predominantly contained within a 150,000-200,000 square foot multi-story building. An Erie Railroad track line borders the site on the south side. The facility utilized various paints, thinners, shellacs, and adhesives which have flammable, corrosive and toxic characteristics. During a site assessment conducted by the Technical Assistance Team (TAT) during September 13-16, 1993, it was noted that there were four main storage areas. The materials were partially organized by a contractor hired by the creditors to secure and stabilize the site. The storage areas are overcrowded with containers with some containers leaking. In the Paint Room, five-gallon containers are stacked four high, secured with duct tape. There is no ventilation or sprinkler system working and power has been cut off to the facility. Trespassers have entered the building, as evidenced by the removal of copper wire from the building. B. National Priorities List (NPL) Designation The Chase Interiors site is currently not on the NPL. II. THREAT A. Threat of Public Exposure The materials present in the building pose an imminent and sUbstantial threat to public health and/or the environment. The primary threat is by direct human contact. Unauthorized entry was evident by a missing drum of grease and previously locked doors which were found propped open. Elevated organic vapor readings were recorded during the course of the assessment in the paint room. The presence of elevated levels of volatile organic compounds (VOCs), pose potential health threat to trespassers. Additionally, the manner in which the material is currently stored increases the potential for release. The walkways in between the containers is less than two feet and there is no air circulation in any of the rooms. A small office room contains approximately 40 boxes of material, where like materials were placed together in the boxes. The boxes are also stacked two and three high. Due to the weight of the upper boxes, the lower boxes are stressed and deteriorated. Numerous boxes were noted to be leaking. Trespassers have access to the unsecured building and have removed material from the building. The integrity of the building also creates a threat due to the collapsing ceiling. A release of the materials in the building and/or run off could affect the neighboring businesses and residents through direct contact or by exposure to emitted vapors. In the case of a fire, the vapors would cause a plume, potentially exposing the neighboring community. B. Extent of contamination A significant threat of release of hazardous sUbstances exists at the Chase Interiors site. Nearly seven-hundred containers of various sizes are stored at the facility. The site inspection, performed by EPA, found that the containers are haphazardly stored, irrespective of their condition or the compatibility of their contents. Some of the containers are deteriorating and have released their contents onto the shelves and floors. Some of these materials are potentially unstable when stored under their present conditions. c. Previous Actions to Abate Threat In August 1986, the U.S. Department of Justice convened a grand jury which indicted the Plant Manager and Chase Interiors for the improper disposal of hazardous waste into a storm sewer system on the property. Chase Interiors subsequently cleaned the storm sewers used for waste disposal and plugged any drains connected to them. D. current Actions to Abate Threat In 1990, a consultant for Chase Interiors, prepared an Environmental Assessment along with a Phase II Work Plan, which was never implemented due to the HBSA bankruptcy. Chase Interiors is a wholly owned sUbsidiary of HBSA Industries, Inc., which filed a voluntary petition for reorganization. On August 13, 1991, the company's creditors requested that HBSA and its subsidiaries be liquidated under Chapter 7 of the U.S. Bankruptcy Code. Currently, Region II EPA has obtained funding for the Removal Action, and the Emergency Response Cleanup Services (ERCS) contractor has mobilized 24 hour site security on December 12, 1993, and is preparing a scope of work. Mobilization is scheduled for March 28, 1994. 2. III. PROPOSED PROJECT A. objective of the Project The objectives of the project are: 1) to abate the actual or potential threat to public health and the environment; 2) to immediately mitigate the actual or potential threat of fire, explosion, or release of hazardous substances into the environment; and 3) to remove and dispose of all hazardous substances in accordance with RCRA and EPA's CERCLA Off-site Treatment Storage and Disposal Policy. B. Project Tasks The objectives will be achieved by performing the following tasks: 1) Securing any leaking or unsecured containers via overpacking and labpackingi 2) Segregating materials by existing identification labels and/or inventories, and by sampling and analyzing to insure proper segregation of incompatible material. Materials will be sampled as needed for disposal purposes. 3) Bulking compatible materials, as deemed practical for transportation and disposal. Manufacturers and other resources will be solicited to reclaim any recyclable materials or containers. Non-recyclable hazardous materials will be disposed of at approved facilities in accordance with EPA's CERCLA Off-site Disposal Policy. C. objectives of the Community Relations Plan 1. Provide accurate and concise information to interested citizens, elected officials and media; 2. Coordinate local, state, and federal response teamsi 3. Assist with public acceptance of the chosen response action; and 4. Enlist the assistance of local and county officials as needed. The groups to whom the plan is directed are: citizens, citizen groups, local school officials, local businesses, elected officials, and local, county, state and federal agencies working in concert with Region II EPA. 3 D. community Relations Activities Date (s) Activities Objective staff As needed Meetings with state, To develop local osc county, and local local contingency officials plans As needed Distribute fact sheets Inform public of osc removal progress As appropriate Attend meetings of Inform community osc community action groups of removal group progress E. Key Officials and contacts Federal Agencies Federal Elected Officials Phone # Senator Daniel Moynihon (202) 224-4451 Room 464 Russel Senate Office Building Washington DC 20510 Guaranty Building, Suite 203 28 Church Street Buffalo, NY 14202 Senator Alfonse D'Amato (202) 224-6542 Room 520 Harte Senate Office Building Washington DC 20510 620 Federal Office Building 111 W. Huron Street Buffalo, NY 14202 Representative Amos Houghton Jr. (202) 225-3161 Room 1110 Longworth House Office Building Washington DC 20515 Federal Building Jamestown, NY 14701 4 state Elected Officials state Senator Jeff J. Present (518) 455-3563 Room 509 Legislative Office Building Albany, NY 12274 Room 910 Hotel Jamestown Building Jamestown, NY 14701 state Assemblyman William L. Parnent (518) 455-4511 Room 637 Legislative Office Building Albany, NY 12248 county Officials Gerace Office Building (716) 753-7111 Mayville, NY 14757 Henry R. Weiler, Jr. (716) 753-4331 county Health Coordinator Gerace Office Building Mayville, NY 14757 Local Officials Albert F. Mattison, Mayor (716) 665-4400 Village of Falconer Village Hall 101 West Main Street Falconer, New York 14733 Maurice E. Roach, Deputy Mayor, Trustee Richard Josephson, Code Enforcement Official Sue A. Benson, Clerk Gary K. Braun, Treasurer Gregory L. Peterson, Attorney Anthony A. Cavallaro, Super. DPW Charles D. Pierce, Super. Sewer Donna Waddington, Village Secretary Stephen Roach, Fire Chief Rodney Vanstrom, Police Chief 5 Newspapers Post Journal (716) 487-1151 15 W. 2nd street Jamestown, New York 14701 Radio WJTN-1240 (716) 487-1151 2 Orchard Road Jamestown, NY WKSN- 93.3 FM (716) 664-2313 202 Front street WHUG 101 FM Jamestown, NY 14701 Television Paragon Cable (716) 664-7315 610 W. 3rd street Jamestown, NY 14701 6 CIS - 3.3001 - 3.3001 NOTICE OF PUBLIC AV AILABILITY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ANNOUNCES THE AVAILABILITY OF THE CHASE INTERIORS SITE ADMINISTRATIVE RECORD FILE FALCONER, CHAUTAUQUA COUNTY, NEW YORK The U.S. Environmental Protection Agency (EPA) announces the availability for public review of documents comprising the Chase Interiors administrative record file for the selection of the removal action at the Falconer Public Library. EPA seeks to inform the public of the availability of the record file at this repository and to encourage the public to comment on documents as they are placed in the record file. The administrative record file includes documents which form the basis for the selection of a removal action at this site. Documents now in the record files include, but are not limited to, the site assessment report, Action Memorandum, and Community Relations Plan. Other documents could be added to the record files as site work progress. These additional documents may include, but are not limited to, technical reports, additional validated sampling data or field testing results, comments and new data submitted by interested persons, and EPA responses to significant comments. No further announcement of availability will be made. The administrative record file is available for review during normal business hours at: Falconer Public Library and EPA - Region II 10 1 West Main Street Response and Prevention Branch Falconer, NY 14733 2890 Woodbridge Avenue Phone (716) 665-3504 Bldg 209 Edison, New Jersey 08837 Phone (908) 321-6647 Additional information is available at the following locations: Guidance documents and EPA Region II Technical Literature Central Library 2890 Woodbridge Avenue Bldg 209 Edison, N.J. 08837 Phone (908) 321-6762 A public comment period will extend thirty (30) days from the date this notice appears in print. At the end of the thirty (30) day comment period, a written response to all pertinent comments will be prepared in a responsiveness summary and will be placed in the record file. Written comments on the administrative record should be sent to: U.S. EPA - Region 2 External Programs Division Jacob Javits Federal Building New York, N. Y. 10278 CIS - 3.4001 - 3.4001 REMOVAL ACTION FACT SHEET CHASE INTERIORS FALCONER, CHAUTAUQUA COUNTY, NY Region: II NPL: No Total project ceiling: $696,000 OSC: Green Incident Category: Inactive Production Facility Start Date: December 13, 1993 Incident Description: Abandoned manufacturer of commercial and industrial furniture. The site is located in a lite industrial /residential neighborhood and consists of mainly a 150,000 - 200,000 square foot building. On August 23, 1991, Chase's owners filed for Chapter 11 bankruptcy, which meant it would be liquidated. Five facilities became inactive in New York state including Chase. On May 21, 1993, the New York state Department of Environmental Conservation requested that the u.s. Environmental Protection Agency (EPA) conduct a removal action pursuant to CERCLA at all of the sites. However, four of the sites will be handled by new owners or creditors. Shortly following the bankruptcy the site was abandoned leaving the numerous drums and containers on-site unsecured. A preliminary assessment conducted on September 13-15, and 27, 1993 revealed that the site meets the criteria under CERCLA and the NCP for a removal action. Materials: Types of wastes found on site include mostly flammable type materials, such as paints, lacquers, thinners and adhesives. The inventory revealed that approximately 71 (55) gallon drums, 537 (5) gallon pails, 3 (7) gallon pails, 32 (4) cubic yard boxes filled with small on containers, 2 cylinders and several PCB capacitors. Threats: Some of the containers inside the building have released their contents onto shelves and the building floors, therefore increasing the risk for further release into the environment. A threat of fire exists at the site, which increases the risk for direct human contact by fire-fighters and residents living adjacent to the site. Vapors and runoff could contaminate the soil, air, nearby properties and threaten groundwater. Actions Taken: On 11/30/93 the OSC initiated her $50,000 OSC authority. On 12/13/93 ERCS secured the site by placing locks and hasps on all the doors and began 24 hour site security. Present status: A site visit on 1/19/94 revealed severe weather conditions at the site, therefore the removal will not commence until weather conditions improve. Security will remain in place until completion of the removal action. CIS - 4.1001 - 4.1001 EPA REGIONAL GUIDANCE DOCUMENTS The following documents are available for public review at the EPA Region II Headquarters, Raritan Depot, Woodbridge Avenue, Edison, New Jersey during regular business hours. Contact Douglas Kodama at (908) 906-6905 for more information. * Glossary of EPA Acronyms. * Superfund Removal Procedures--Revision #3. OSWER Directive 9360.0- 03B, February 1988. * Hazardous Waste Operations and Emergency Response. Notice of Proposed Rulemaking and Public Hearings. 29 CFR Part 1910, Monday, August 10, 1987. * Guidance on Implementation of Revised Statutory Limits on Removal Action. OSWER Directive 9260.0-12,May 25, 1988. * Redelegation of Authority under CERCLA and SARA. OSWER Directive 9012.10, May 25, 1988. * Removal Cost Management Manual. OSWER Directive 9360.0-02B, April, 1988. * Field Standard Operating Procedures (FSOP). #4 Site Entry. #6 Work Zones. #8 Air Surveillance. #9 Site Safety Plan. * Standard Operating Safety Guides -- U.S. EPA Office of Emergency and Remedial Response, July 5, 1988. * CERCLA Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund). * SARA: Superfund Amendments and Reauthorization Act of 1986. * NCP: National Oil and Hazardous Substances Pollution Contingency Plan.