Exh 9
9
May 8, 2000
~'"',,
City Manager Re rt
May ~
P. D. Grant Applications The City Police Department has submitted two grant
applications for funding. In both cases the City was given very limited notice of the
deadline dates and, consequently, they were not reported to the Commission prior to
application. Both were to the Florida Department of Transportation and the first was for
additional funding for D.U.I. enforcement. This follows a grant application from last
year that was awarded for $37,000 to purchase a new car and two in-car video systems.
This additional application is to purchase an additional 10 in-car video systems and radar
units to place in existing patrol cars and totals $58,190.
The second grant to F.D.O.T. is for pedestrian safety. If funded, this would provide a
vehicle and equipment to put on bicycle safety/rodeo programs and improve public
awareness of bicycle safety issues (including the helmet law) in an attempt to cut down
on bicycle related accidents. The application is for $28,000.
If one or both of these grant applications is funded, authorization from the City
Commission for acceptance will be sought.
Media One Constriction in Atlantic Beach; A number of people have asked when the
Media One construction activity will be completed in Atlantic Beach. The City has
received correspondence from Media One indicating that they plan to have the job
completed by July 4.
Thank You Letter; Attached for your information is a thank you letter from John and
Virginia Wood concerning the response from Public Works employees Virgil Rosario and
Kenny Rhone to a sewer line backup.
Re3ection of Bids for Painting,;, Several weeks ago the Public Works Department
advertised for painting on an annual contract. Only one bid was received from Watergate
Painting, Inc. in the amount of $35,000. Staff felt that the bid prices were too high for the
work required and it is our intent to request bids on an individual project basis as needed.
No Commission action is needed to reject these bids and this is submitted for your
information only.
Dutton Preserve: City staff has now opened Dutton Preserve for public use. It will be
opened seven days a week from dawn until dusk. The only City facilities available on the
island at present includes a ports.-john. Other facilities will be available through the
coming year.
9
May 8, 2000
E.P.A. Notification of Potential Liability for "BiIl Johns Waste Oil Super Fund Site"
in Jacksonville; The City has received notice of potential liability from the United States
Environmental Protection Agency (copy attached) concerning the Bill John's Waste Oil
Super Fund Site in Jacksonville, Florida. Apparently this owner disposed of waste oil for
a large number of users over several years and all known users are being notified by the
E.P.A. However, the City of Atlantic Beach is not listed in the attached "list of potential
responsible parties to whom E.P.A. intends to send notice letters." As more information
becomes available, the Commission will be posted.
Trudy Lopanik announces retirement; Last, under the "say it ain't so" category, Trudy
has announced that she will retire from the City of Atlantic Beach effective May 19. She
intends to spend more time with her husband and travel while her health is-good. Her
services will be greatly missed. The City has begun advertising for applicants.
/ u~~~'~ .
May 8, 2000,;;;
...,.,,
3 2.2 3 3 _ •..., ~.
<<
.,...
...f;
..~~
,~i~~ ~ r
~~ IAA%/(/~7~/ ~ C~c/~/~G ~~/ ..~
,e V ~ J
- i~ V //4N M AGI 1~~~~ r~~f'~I.~C.(J~/ ~+ ~. ~~~,•;;./~I~/i/YG.'ri Y ~ !I • ~ A~T L I!'`I~CJEi ~ ~/ ''J. ~'
~n~~C :!1-elc.%~i~ .-G~u~- !f.Q ~' Cr~~ Gi7~L ~f~ L .~t~
~~
~~ ~r ..
.,:::
~~
,;t.,
~~~,~.s~' c.1 ,~2C:L ~- `L~/'`~,j ~'r ~f~49~td~a~' ~j .. { ' ~ .
s.,.
,.~ OVD I _~{/,~:~ ~cc~ r z• ~~ .~c!Jr..~•c[t- G'~s~ d,2,
`'=~ea`
~ _ Y ~/, ~~
~~~ •~!Un
~~~~ .
.r~
::~' .
:;
=<<
. ~ :~
-~~ ~ .
~~~~~~ ~4p~s• UNITED STATES ENVIRONMEMAL PROTECTION AGENCY May 8, 2000
a'' A y~ ~ REGION 4
i ~ ° ATLANTA FEDERAL CENTER
~F ~o= 61 FORSYTH STREET
'LpgC PRO'~~GS ATLANTA, GEORGIA 30303-8960
APR 2 ~ 2000
- GENERAL NOTICE OF POTENTIAL LIABILTTY•
104{El INFORMATION REQUEST LETTER
NOTICE OF A MEETING: MEETING CONFIRMATION FORMLand a
TOLLING AGREEMENT
URGENT LEGAL MATTER--PROMPT REPLY REQUESTED
CERTIFIED MAIL--RETURN RECEIPT REQUESTED
4WD-PSB
Atlantic Beach.City Manager
800 Seminole Road
Atlantic Beach, F132233-5444
SUBJ: Atlantic Beach City
General Notice of Potential Liability, 104(e) Information Request Letter, Request to
Attend a Meeting, Tolling Agreement and a Confirmation Form for a Meeting Regarding
the Bill Johns Waste Oil Superfund Site, in Jacksonville, Duval County, Florida (the
"Site").
Dear To whom rt may concern:
The purposes of this letter are as follows: 1) to notify you of your potential liability under
Section 107(a) of-the Comprehensive, Environmental Response, Compensation, and Liability Act
(CERCLA), 42 U.S.C. § 9607(a), as amended, with respect to the Bill Johns Waste Oil Superfund
Site; 2) to ask that you answer the enclosed information request letter; 3) to request that you sign
the enclosed tolling agreement to allow the United States and the potentially responsible parties
(PRPs) to attempt to settle the United States' claims; 4} to request that you attend a meeting on
Friday, May S, 2000 at 10:00 a.m in Jacksonville, Florida, at the Haydon Burns Public Library;
and 5) to request that you fill out the enclosed reservation form if you plan to attend the meeting
and return it to the address listed thereon.
SITE BACKGROUND
The Site is located at 3831 William Street, in Jacksonville, Florida. The Site is in an area
of mixed land usage, bordered on the east by a rad yard, on the north by residences and a salvage
Internet Address (URL) • http://www.epagov
RecycledlRecyclable .Printed with Vegetable Ol Based Inks on Recycled Paper (Minimum 30 % Postconsumerj
9
May 8, 2000
2
yard, on the west by a former seafood processing plant and on the south by a greyhound dog run
and kennel. The Site was in operation from approximately 1978 to 1996 as a waste oil recycling
facility. The Site property is owned by Mr. Wdliam R. Johns and Mrs. Janice H. John. Mr.
Johns operated the Bill Johns Waste OiI Services Company on the Site from 1978 until about
1996. Bill johns Waste OiI Services Company's mode of business was to make regular calls at
gasoline service stations, car dealers, and other petroleum oil sources in the Jacksonville, Florida
area; collect used waste oil from these concerns and take the .oil back to .the Site where the
reusable oil would be separated for sale. The unused oil left after this separation process appears
to have been released on the ground or left in various containment vessels at the Site.
On December 13, 1994 the Florida Department of Environmental Protection (DEP) issued a
Warning Letter (No. WL94-0041-CU16-NED) indicating that Mr. Johns was in potential
violation of State pollution control statutes because of the presence of waste oil on the ground
and elevated levels of metals in the groundwater, discovered during a June i5, 1994
investigation.
On December i4, 1995 EPA conducted a Spill Prevention, Control, and Countermeasure (SPCC)
compliance inspection in accordance with Section 31 I of the Clean Water Act, as amended, 33
U.S.C. § 1321 and 1361, at the Site and found that the Site appeared to be out of compliance with
the regulations. Notable deficiencies included an inadequate SPCC plan, no secondary
containment for above ground tanks, absence of locking valves at the tanks, uncapped hoses
extending from the tanks to the ground, and inadequate Site fencing. During this inspection
evidence of spillage was noted throughout the Site. ~~
In February of 1996, EPA's Emergency Response and Removal Branch conducted a removal site
evaluation at the Site and collected. samples from tanks and drums. Samples. were collected from
tanks that: were not marked to identify their contents; were lying on the bare ground; did not
have secondary containment; and had open tops and/or holes cut in the sides. Many tanks had
discharge hoses lying in open positions on the ground, other tanks had tops sheared off and holes
cut in the sides and were not covered. Surface soils appeared to be stained with waste oils
throughout the Site. Sample r-esults revealed the presence of hazardous substances in the tanks
and drums including, but not limited to; PCBs (Arochlor 1260), 1,1, l-trichloroethane, and
tetrachloroethylene.
.There was potential for exposure to persons entering the Site from hazardous substances or
contaminants in tanks, drums, and soil at or near the surface. Waste oil and other contaminants
were located in above ground storage tanks and drums. Additionally, a fire and explosion threat
existed due to the nature and amount of oily waste at the Site. Due to the potential Site dangers,
EPA conducted a Removal Action at the Site. The cost of the EPA Removal Action is
$2,380,082.18 through February 9, 2000.
9
May 8, 2000
3
NOTICE OF POTENTIAL LIABILITY
Under § I07(a) of CERCLA, 42 U.S.C. § 9607(x), responsible parties may be held iiabie
for all costs incurred by the Government {including interest) in responding to any release or
threatened release of hazardous substances at the Site.. Such costs may include, but are not
limited to, expenditures for investigation, planning, response, enforcement activities, oversight of
response actions that are performed by parties other than EPA or its contractors, and operation
and maintenance of monitoring systems.
.Responsible parties under CERCLA include current and former owners or operators of
the Site, persons who arranged for treatment and/or disposal of any hazardous substances found
at the Site ("generators"), and persons who accepted hazardous. substances for transport and
selected the Site or Facility to which the hazardous substances were delivered. EPA has
evaluated evidence in connection with its investigation of the Bill Johns Waste Oil Superfund Site
and determined that you are a potentially responsible party (PRP) at the Site.
PAYMENT OF EPA REMOVAL ACTION COSTS
Pursuant to authority contained in Section 104 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as amended by the Superfund Amendments
and Reauthorization Act of 1986 (CERCLA), 42 U.S.C. § 9604, the United States Environmental
Protection Agency (EPA) determined that there was a release or substantial threat of a release of
hazardous substances (as defined by Section 101(14) of CERCLA), 42 U.S.C. § 9601(14)) from a
facility known as the BiII johns Waste Oil Superfund Site, Jacksonville, Duval County, FL
("Site").
Beginning in1996 EPA undertook a removal response action at the Bill Johns Waste Oil
Superfund Site pursuant to Section 104 of CERCLA, 42 U.S.C. § 9604. The removal response
action was accomplished in three phases. The first phase was to sample and profile for off-Site
disposal of ail contaminated wastes. The second phase involved the off-Site disposal of the
identified wastes and included a study to determine the nature and extent of soil contamination.
The final phase of the removal consisted of excavation and off-Site disposal of contaminated soils
and Site restoration actions.
The costs, through February 9, 2000, of the removal response actions related to the Site
through EPA funding are approximately $2,380,082.18. Acost-summary is 'included as Enclosure
D. This statement of expenditures is preliminary, and does not limit EPA from providing a
revised figure if additional costs are identified. .
In accordance with § 107(x) of CERCLA, 42 U.S.C. § 9607(x), Site PRPs are liable for
-- payment of the above amount plus any and all interest recoverable under, § 107 or any other
provisions of law. .
9
May 8, 2000
4
EPA anticipates that additional funds will be expended on the Site (e.g. enforcement
costs); you are potentially liable for these expenditures, plus interest. Interest on past costs
incurred shall accrue from the date of this demand for payment or any earlier demand; interest on
future costs shall accrue from date of expenditure, pursuant to CERCLA § 107(a), 42 U.S.C.
§ 9607(a). Interest rates are variable. The rate applicable on any unpaid amounts for any fiscal
year is the same as is specified for interest on investments of the Hazardous Substance Superfund
which is determined by the Department of the Treasury. The current annual rate of interest on
unpaid costs is 4.53%.
EPA is not required by CERCLA to issue a written demand for recovery of prejudgment
interest. However, the date a written demand is made maybe used by a court in determining the
date from which prejudgment interest begins to accrue.
For your information, we have enclosed a List of persons to whom EPA intends to send a
letter seeking reimbursement of the costs identified herein (Enclosure Gl.' While your liability is
joint and several, you and other parties may allocate among yourselves the costs to be paid to
EPA
If you desire to discuss your liability with EPA, please contact Stedman S. Southall,
Associate Regional Counsel, in writing, no later than April 20, 2000. Mr. Southall maybe
contacted at the following address:
:' U. S. Environmental Protection Agency, Region 4
Stedman S. Southall, Associate Regional Counsel
Environmental Accountability Division
Atlanta Federal Center
61 Forsyth Street
Atlanta, GA 30303-8960
In the event that you file for protection in the Bankruptcy Court, EPA reserves its right to
file a proof of Claim or Application for Reimbursement of Administrative Expenses against the
bankrupt's estate.
if you fail to respond to this letter by April 27, 2000, EPA will conclude that you have
declined to reimburse the Hazardous Substance Superfund for Site expenditures and may pursue
civil litigation against you, pursuant to CERCLA § 107(a), 42 U.S.C. § 9607(a}. EPA
understands that the time frame in which you have to respond is limited, but you may respond to
this demand letter by signing the enclosed tolling agreement, discussed below. If you plan to
attend the meeting, you may bring the tolling agreement to the meeting. Otherwise the signed
signature page of the tolling agreement must be received by Stedman S. Southall, at the address
listed above, by Apri127, 2000.
1 This list contains the names of all of potentially responsible parties (PRPs) that EPA intends
to send notice letters.
9
May s, Zooo
BILL JOHNS WASTE OIL SUPERFL7ND SITE MEETING
EPA has scheduled a Bill Johns Waste Oil Superfund Site meeting on Friday Mav 5. 2000
at 10:00 a.m. at the Haydon Burns Public Library. The Haydon Burns Public Library is located at
122 North Ocean Street, Jacksonville, Florida. The purpose of this meeting is to begin an open
dialogue with the PRPs to discuss settlement of the United States' claims in this case. Please note
that this meeting will not be conducted as a court or legal proceeding. Although you may elect to
seek legal representation, it is not required that you retain an attorney in order to attend.
Attendance at this meeting is not mandatory, but EPA urges your participation.
If you plan to attend, please fill out the enclosed reservation form (Enclosure E) and
return it to the address listed thereon by April 27, 2000.
TOLLING AGREEMENT
A tolling agreement has been included with this letter. The purpose of this tolling
agreement is to extend the period of time in which EPA and the signatories may pursue good faith
negotiations to attempt to resolve the United States' claims at the Bill Johns Waste Oil Superfund
Site. Should you decide to sign this agreement, please bring it to the meeting. If you would like
;to participate in the agreement but are unable to attend the meeting, please sign the document and
return it to the address listed below by April 27, 2000.
U. S. Environmental Protection Agency, Region 4
Stedman S. Southall, Associate Regional Counsel
Environmental Accountability Division
Atlanta Federal Center
61 Forsyth Street
Atlanta, GA 30303-8960
You are not required to sign the enclosed tolling agreement. However, the United States
may file a lawsuit against you regarding its claims at the Bill Johns Waste Oil Superfund Site in
June 2000, if you do not sign it. If you sign the enclosed tolling agreement, it does not constitute
an admission of fact or liability on your part, nor does it affect the assertion of any defense to
liability except for the timeliness of the United States action.
INFORMATION REQUEST
An information request is also enclosed with this Ietter (Enclosure B). EPA is authorized
to request information pursuant Section 104 the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA), 42 U.S.C. § 9604, as amended, and Section 3007 of
the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. § 6927. Compliance with
9
May 8, 2000
6
this information request is mandatory. Please respond to the enclosed information request by
April 27, 2000.
EPA is cognizant of the fact that this gives you a limited amount of time to respond to
this information request. Due to this. limited time. frame, EPA has limited this information
request to ability to pay information and information regarding your corporate structure and/or
the nature of your business. Furthermore, the parties that indicate a willingness to engage in
settlement discussions by signing and returning the enclosed tolling agreement to EPA by
27.2000 will automatically be granted a four week extension2 to respond to the ability to pay
questions (puestions 13 and 14) contained in the information request. No extensions will be
granted forguestions 1 through 12 of the information request.
Pursuant to the authority of Section 104 of CERCLA, 42 U.S.C.§ 9604, as amended, you
are hereby requested to respond to the Information Request set forth in Enclosure B hereto.
ADDITIONAL INFORMATION ABOUT THE SITE
EPA is enclosing some additional information about the Site and the other PRPs.
Enclosed in Enclosure F you will find the following: a copy of a Bill Johns Waste Oil Services
Company ledger or ledger page or confirmation which indicates that you conducted business with
the Bill Johns Waste Oil Services Company.
SLJIVIMARY OF THE MATTERS ADDRESSED IN THIS LETTER
This letter contains the following: 1) Notice of Potential Liability; 2) Information on
Payment of EPA's Response Action Costs; 3) A Tolling Agreement; 4) A 104(e) Information
Request Letter 5) A Request to attend a Meeting; 6) A Confirmation Form for the Meeting; and
7) additional information about the Bill Johns Waste Oil Superfund Site, is Jacksonville, Duval
County, Florida.
Should you have any further questions, you may contact Stedman S. Southall, EPA
Associate Regional Counsel, at (404) 562-9577.
Due to the legal ramifications of your failure to respond properly, EPA strongly
encourages you to give the matters addressed by this letter your immediate attention and to
respond to these matters within the time frames specified in this letter.
z Potentially responsible parties that sign the tolling agreement and return it to EPA by April
27, 2000 will have until May 26. 2000 to respond to the ability to pay questions (questions 13 &
14).
Thank you for your cooperarion in this matter.
9
May s, zooo
Sincerely yours,
~~~~
anklin E. Hill, Chief
Program Services Branch
Waste Management Division
Enclosures: A. Tolling Agreement
B. Information Request
C. Financial Statement Form(s)
D. Cost Summary
E. Meeting Reservation Form
F. Additional information about the Site
G. List of Potentially Responsible Parties (PRPs) to whom EPA intends to send
notice letters.