In Re: Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation
Filing
2863
DECLARATION of Nicholas G. Campins in Opposition re: (2860 in 1:00-cv-01898-SAS-DCF, 484 in 1:04-cv-03417-SAS) MOTION in Limine to Preclude the Testimony of Mr. Burke in Phase IV.. Document filed by The City of New York. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)
EXHIBIT 8
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IX
) ) ) Chevron U.S.A. Inc., ) Exxon Mobil Corporation, ) Atlantic Richfield Company, ) Conoco, Inc., Kayo Oil Company,)
Douglas Oil Company of )
California, UNOCAL Corporation,)
Mobil Oil Corporation, )
Tosco Corporation, )
Thrifty Oil Company )
Best California Gas Ltd., )
Kazuho Nishida, )
and HLW Corporation, )
)
)
Respondents. )
____________________________ __)
In the Matter of:
U.S. EPA Docket No. RCRA-7003-09-2000-0002
UNILATERAL ADMINISTRATIVE ORDER
FOR PARTICIPATION AND COOPERATION IN WATER REPLACEMENT
TABLE OF CONTENTS
INTRODUCTION.................................................. 1
I. II. III. JURISDICTION AND PROCEDURE................................ 1
PARTIES BOUND........................................... 2
FINDINGS OF FACT........................................ 3
A. Discovery of MTBE Contamination at Santa Monica's
Charnock Wellfield and Shutdown of the Charnock Wellfields.... 3
B. C. Water Replacement Quantities and Costs.................... 3
Charnock Sub-Basin Groundwater Resources.................. 4
D. The Agencies' Response to the Charnock Sub-Basin MTBE
Contamination................................................. 6
E. F. Description of Contaminants of Concern.................... 7
Respondents' Status...................................... 10
G. Respondents' Source Site Facilities' Ownership,
Leasehold Interests, Operation and Releases.................. 11
PRP Site No. 1 (Exxon).................................. 11
PRP Site No. 4 (Arco)................................... 12
PRP Site No. 5 (Chevron)................................ 14
PRP Site No. 6 (Conoco, Kayo and Douglas)............... 15
PRP Site No. 7 (Unocal)................................. 17
PRP Site No. 8 (Mobil).................................. 18
ii
PRP Site No. 10 (Chevron)............................... 19
PRP Site No. 16 (Tosco and Unocal)...................... 20
PRP Site No. 23 (Chevron, Thrifty, Best)................ 21
PRP Site No. 30 (Nishida and HLW)....................... 22
VI. CONCLUSION OF LAW AND DETERMINATION..................... 25
ORDER........................................................ 26
V. VI. VII. VIII. IX. DEFINITIONS.............................................. 27
WORK TO BE PERFORMED.................................... 29
NOTICES AND SUBMISSIONS................................ 32
APPROVALS/DISAPPROVALS............................... 38
ADDITIONAL RESPONSE ACTIVITIES......................... 39
X. ACCESS TO PROPERTY OWNED OR LEASED BY RESPONDENTS AND
DATA/DOCUMENT AVAILABILITY................................... 39
XI. ACCESS TO PROPERTY NOT OWNED OR LEASED BY RESPONDENTS .... 39
XII. XIII. XIV. ENDANGERMENT AND EMERGENCY RESPONSE.................... 41
RECORD PRESERVATION................................... 43
PROJECT COORDINATORS................................... 44
XV. QUALITY ASSURANCE, SAMPLING, DATA ANALYSIS AND PRIOR
NOTICE OF FIELD ACTIVITIES................................... 44
iii
XVI.
DELAY IN PERFORMANCE................................... 46
XVII. RESERVATION OF RIGHTS, NON-WAIVER, COMPLIANCE WITH
LAWS AND ENFORCEMENT......................................... 46
XVIII. LIABILITY INSURANCE................................... 49
XIX. OPPORTUNITY TO CONFER................................... 49
XX. NOTICE OF INTENTION TO COMPLY........................... 50
XXI. XXII. XXIII. XXIV. PENALTIES FOR NON-COMPLIANCE........................... 50
NO FINAL AGENCY ACTION................................ 50
EFFECTIVE DATE AND COMPUTATION OF TIME............... 51
MODIFICATION AND INTERPRETATION....................... 51
ATTACHMENTS
Figure 1 Map of Charnock Sub-Basin Investigation Area
A. B. C.
D.
Scope of Work for Water Replacement
Documentation of Historic Production from the Charnock
Wellfields
Documentation of Water Replacement Costs
List of Respondents' Source Site Facilities
iv
33. Respondent Thrifty is a corporation, incorporated in the
State of California.
34. Respondent Best is a limited partnership, registered in the
State of California.
35. Respondent Nishida is a person, residing in the State of
California.
36. Respondent HLW is a corporation, incorporated in the State
of California.
G. Respondents' Source Site Facilities' Ownership, Leasehold
Interests, Operation and Releases
PRP SITE No. 1 - Exxon
1. Humble Oil & Refining Company (a predecessor in interest to
Exxon Corporation) purchased a portion of the property at
11284 Venice Boulevard ("PRP Site No. 1") from Catherine
Boos and Gladys Skulth on April 6, 1970 and another portion
of the property from Judith Kushner on May 5, 1970. (See
Grant Deeds provided in Exxon's July 24, 1997 Information
Request Response ("PRP Site No. 1 Information Request
Response") to the Agencies' June 19, 1997 Information
Request.)
In the narrative portion of the PRP Site No. 1 Information
Request Response, Exxon states that "Exxon Corporation,
through its division Exxon Company USA owned the property
at 11284 Venice Boulevard, Culver City, California from
sometime prior to January 1, 1980 until February 2, 1995."
On February 2, 1995, Mr. Azizedin Taghizadeh, purchased the
property from Exxon. Exxon's narrative also states "On
February 2, 1995, Mr. Azizedin Taghizadeh purchased the
underground storage tanks and associated piping from
Exxon."
Culver City Fire Department records indicate that PRP Site
No. 1 was operated as a gasoline service station by Humble
Oil Company since 1970. (See, October 14, 1998 Final Site
Investigation Report prepared by Acton Mickelson
Environmental ("AME Report") for Exxon, at page 1.)
2.
3.
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4.
The AME Report also stated that the Culver City Fire
Department records indicate that the four USTs installed in
1971 (one 1,000 gallon used oil, one 6,000 gallon premium
unleaded gasoline, one 8,000 gallon unleaded gasoline, and
one 10,000 gallon regular leaded gasoline) were removed in
January 1989. The AME Workplan indicates that the four
USTs currently at the site (one 1,000 gallon used oil, two
10,000 gallon containing super and plus unleaded gasoline,
and one 12,000 regular unleaded gasoline) were installed in
January 1989. (See AME Report at page 2.)
On April 8, 1992, Jay Kruger of Exxon Company USA completed
a UST Unauthorized Release (Leak)/Contamination Site Report
for PRP Site No. 1. The Report indicated that a gasoline
release was discovered on April 7, 1992 as part of a site
investigation.
In response to the Agencies' June 19, 1997 Information
Request, Exxon provided a Site Investigation and Cleanup
History form for PRP Site No. 1. On this form, Exxon
documented that PRP Site No. 1 had an unauthorized release
that contaminated soil at the site with gasoline
constituents.
The release history of PRP Site No. 1, along with the
October 14, 1998 Final Site Investigation Report and the
September 22, 1999 Quarterly Monitoring Report, document
that PRP Site No. 1 has discharged gasoline containing MTBE
that has impacted soil and groundwater. (See Final Site
Investigation Report Table 4, See Quarterly Monitoring
Report Table 3.)
On December 3, 1999, Exxon Corporation filed with the
California Secretary of State for a name change from Exxon
Corporation to Exxon Mobil Corporation.
Exxon is a past owner and/or operator of a facility, and
has contributed to disposal within the meaning of RCRA
Section 7003, 42 U.S.C. Section 6973, with respect to
releases at PRP Site No. 1.
PRP Site No. 4 - Arco
5.
6.
7.
8.
9.
1.
On March 26, 1947, Richfield Oil Corporation obtained
ownership of the property for ARCO Site No. 1246 (PRP Site
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3.
On June 14, 1992, Nancy Drew of the Los Angeles County
Department of Public Works completed a UST Unauthorized
Release (Leak)/Contamination Site Report. The Report
indicated that releases of premium and regular unleaded
gasoline were discovered on March 25, 1992 as a part of
subsurface monitoring activities at the site.
In response to the Agencies' June 19, 1997 Information
Request, Unocal provided a Site Investigation and Cleanup
History for PRP Site No. 7. On this form, Unocal
documented that PRP Site No. 6 had an unauthorized release
that contaminated soil and groundwater with gasoline
constituents.
The release history of PRP Site No. 7, along with the March
30, 1998 Site Assessment Report, documents that PRP Site
No. 7 has released gasoline containing MTBE that has
impacted soil and groundwater (See Site Assessment Report,
Tables 1A, 2, and 4.)
Unocal is an owner and/or operator of a facility, and has
contributed to disposal, within the meaning of RCRA Section
7003, 42 U.S.C. Section 6973, with respect to releases at
PRP Site No. 7.
PRP Site No. 8 - Mobil
4.
5.
6.
1.
A July 24, 1964 Service Station Ground Lease indicates that
Socony Mobil Oil Company, Inc. rented the property at 3800
Sepulveda Boulevard in Culver City from Suzanne Lawrence
for a period of 15 years commencing on January 1, 1965.
The Ground Lease included provision for the rental payment
to be dependent, in part, on the volume of gasoline
delivered to the property.
According to a Grant Deed provided by Mobil, Mobil Oil
Corporation obtained the property at 3800 Sepulveda
Boulevard in Culver City (PRP Site No. 8) from Suzanne
Schaefer on March 2, 1984.
Mobil Oil Corporation entered into a Service Station Lease
with Adli Abdelsayed on March 26, 1985. On April 15, 1988,
Mobil Oil Corporation entered into another service station
lease with Adli Abdelsayed. On August 2, 1996, Mobil Oil
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2.
3.
Corporation entered a "Petroleum Marketing Practices Act"
Fuels Franchise Agreement with Adli Abdelsayed.
4. According to a September 8, 1997 letter from Mobil Business
Resources Corporation to the Regional Board, "Mobil Oil
Corporation is the owner of the underground storage tanks
used to store gasoline at Mobil Service Station 18-FX5 [PRP
Site No. 8.]"
On August 14, 1990, Sheila A. Malloy of Mobil completed a
UST Unauthorized Release (Leak)/Contamination Site Report.
The Report indicated that a release of gasoline was
discovered on August 9, 1990 during subsurface monitoring
activities.
In response to the Agencies' June 19, 1997 Information
Request, Mobil provided a Site Investigation and Cleanup
History form for PRP Site No. 8. On this form, Mobil
documented that PRP Site No. 8 had an unauthorized release
of gasoline that contaminated soil and groundwater at the
site with gasoline constituents.
The release history of PRP Site No. 8, along with the
February 23, 1998 Subsurface Investigation Report, document
that PRP Site No. 8 has released gasoline containing MTBE
that has impacted soil and groundwater. (See Subsurface
Investigation Report, Tables 2-2 and 4-3).
Mobil is an owner and/or operator of a facility, and has
contributed to disposal, within the meaning of RCRA Section
7003, 42 U.S.C. Section 6973, with respect to releases at
PRP Site No. 8.
PRP Site No. 10 - Chevron
1. A March 2, 1964 lease indicates that Standard Oil Company
leased the property at 3775 Sepulveda Boulevard in Los
Angeles (PRP Site No. 10) from Harold Merton Jack, the
Estate of Hayward Davidson Jack, and Norma Alice Logan.
On January 17, 1980, Chevron U.S.A. Inc. extended the March
2, 1964 lease with the successors to the landowners of the
PRP Site No. 10 property, listed as Greta H. Jack, Norma
Alice Logan, Patricia Jean Cowie, and Nancy Merrill. The
lease was subsequently modified, amended, and/or extended
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