| Action Date |
Action |
Description |
DEC Staff |
| 6/10/1996 |
Site Added to Database |
Multiple contaminants. |
Bob Krogseng |
| 6/10/1996 |
Site Ranked Using the AHRM |
Initial ranking. Score = 84. |
Bob Krogseng |
| 8/8/1996 |
Meeting or Teleconference Held |
On August 8, 1996, a teleconference occurred between Klein, Sundet, Krogseng and Bud Knox to discuss placement of the storage pile and separation distances. Later Knox submitted to Krogseng a large map showing well locations and separation distances. |
Bob Krogseng |
| 8/19/1996 |
Meeting or Teleconference Held |
Bud Knox met with Klein and Sundet with teleconference with Krogseng on August 19, 1996. Discussion focused on progress of the cleanup and what still needs to be done. Knox requested that Phase II commence so an ACL could be determined. Knox expressed concern that there was no room to dig test pits; however, ADEC determined that adequate room existed.
Knox was also concerned that no work should be done to perforate the "clay" lens. ADEC noted that if the samples just above the "lens" showed non-detectable or low levels that groundwater monitoring may not be necessary. ADEC also noted that if the samples detected PCE then groundwater monitoring would be necessary and that they could place groundwater probes or monitoring wells up-gradient from the known spill site. |
Bob Krogseng |
| 9/5/1996 |
Meeting or Teleconference Held |
Bud Knox a representative for Hinkle submitted a copy of the "Site History of River Terrace RV Park" by Gary Hinkle dated August 30, 1996 to Krogseng at the ADEC Kenai office on September 5, 1996. Krogseng and Knox discussed sampling and monitoring of the treatment cell. Knox promised to give ADEC a copy of his data from his "PID" testing of the soils in the cell. Krogseng reminded Knox ADEC needed laboratory tests on the cell before moving the cell soil to the storage pile. |
Bob Krogseng |
| 9/12/1996 |
Site Ranked Using the AHRM |
Site reranked. Site is in Kenai River Special Management Area. Environmental/Recreation Area Value changed from 0 to 2. |
Bob Krogseng |
| 9/18/1996 |
Site Ranked Using the AHRM |
Site re-ranked, quantity of contaminated soils increased to 3 from 2. Score = 155.5. |
Bob Krogseng |
| 10/9/1996 |
Meeting or Teleconference Held |
Sundet, Klein, Fritz and Krogseng met with Daryl Jordan and Dr. Gary Lolly of Clearwater Environmental (CE), Susan Reeves (Hinkle's legal counsel), and Gary Hinkle at CE on October 9, 1996 to discuss the assessment of the site. Discussion focused on stabilization of the site, and Biocell A and Biocell B potentially moving those soils to the long-term stockpile, |
Bob Krogseng |
| 12/18/1996 |
Meeting or Teleconference Held |
Norton and Kennard met with Lynn Kent and Ron Klein at Juneau to discuss that Norton was representing Hinkle and Kennard would be acting as Hinkle's new consultant for the cleanup of the River Terrace site. Norton and Kennard requested ADEC extend the deadline established in DEC's December 12, 1996 letter for State assumption of assessment and cleanup activities to allow time for Kennard to prepare and implement a more comprehensive work plan. Norton informed ADEC that Hinkle believes that the Clearwater plan which was approved by ADEC was not comprehensive enough and wanted an end to the project so elected to have the new consultant Kennard develop and implement a more comprehensive assessment plan. Kent described three options available to Hinkle: have an approved work plan implemented by Friday; have the State perform a State lead; or have a court ordered consent decree signed by the end of January 1997. ADEC informed Norton that Hinkle needs to provide a letter to ADEC by December 20, 1996 which option he selects. ADEC informed Norton and Kennard that Don Fritz would replace Krogseng as the ADEC project manager. Norton and Kennard noted that ESI will be subcontracting some of the assessment work. |
Don Fritz |
| 12/19/1996 |
Meeting or Teleconference Held |
Tony Kennard met with Don Fritz in the ADEC Kenai office to discuss the River Terrace site on December 19, 1996. |
Don Fritz |
| 1/8/1997 |
Update or Other Action |
CSRP commented on the assessment plan "Site Assessment Plan for River Terrace RV Park," which was received in the Kenai ADEC office on January 3, 1997. The plan was submitted by Tony Kennard on behalf of Gary Hinkle. The plan was found to be inadequate because it did not address groundwater and other concerns. ADEC requested a revised plan to be submitted by January 15, 1997. The letter noted a conversation that Fritz had with Virgil Norton on January 6, 1997 regarding the overall subject work plan and the purpose of the plan to delineate all known and potential sources of contamination that exist at this facility. The letter also noted a conversation between Fritz and Kennard regarding several sumps in the laundromat building, which could pose possible source areas. |
Don Fritz |
| 1/10/1997 |
Update or Other Action |
CSRP responded to Hinkle's January 6, 1997 letter to Fritz regarding a meeting between department staff and Messrs. Norton and Kennard regarding the River Terrace Laundromat site. The letter noted that the site assessment work plan and the Consent Decree are two separate documents. The letter also noted that the Consent Decree must be signed no later then 4:30 PM January 31, 1997 and if it is not signed, that ADEC will assume assessment and cleanup activities. The letter also informed Hinkle that ADEC had incurred costs of $14,040.78 and that the Consent Decree would require Hinkle to reimburse ADEC for its expenses. |
Don Fritz |
| 1/14/1997 |
Meeting or Teleconference Held |
On January 14, 1997, Sundet met with Norton and Ken Norsworthy, i.e. Hinkle's legal counsel, in which Norton expressed concern that staff from our Kenai Office may be biased toward Hinkle and that fair review of the subject project by ADEC may be compromised and requested that a new ADEC project manager replace Fritz. |
Don Fritz |
| 1/16/1997 |
Update or Other Action |
ADEC issued a letter to Norton in follow-up to a meeting between Rich Sundet, Norton and Ken Norsworthy, i.e. Hinkle's legal counsel, in which Norton had expressed concern that staff from our Kenai Office may be biased toward Hinkle and that fair review of the subject project by ADEC may be compromised. The letter noted that Sundet would review all future correspondences submitted to Fritz and sign any correspondence which Fritz would sign as part of his normal work activities. In addition, the letter noted that Sundet was DEC's point of contact for the Consent Decree. |
Don Fritz |
| 1/27/1997 |
Meeting or Teleconference Held |
Sundet met with Norton, and Tony and Rachel Kennard with Fritz on teleconference to discuss comments and concerns identified by ADEC with the assessment plan submitted to ADEC on January 21, 1997. |
Don Fritz |
| 1/29/1997 |
Update or Other Action |
CSRP commented on the revised assessment plan "Site Assessment Plan for River Terrace RV Park," which was received in the Kenai ADEC office on January 22, 1997. The plan was submitted by Tony Kennard on behalf of Gary Hinkle. The letter noted that a meeting was held between ADEC staff and Norton and Kennard on January 27, 1997 to discuss the plan. The letter also noted that it contained a large number of comments because the revised work plan substantially changed from the previous work plan. The revised plan was found to be inadequate and requested a revised plan to be submitted by January 30, 1997. The letter noted that while the ADEC Consent Decree was extended to February 14, 1997, ADEC expected that the site assessment work plan be approved of by ADEC by 4:30 PM on January 31, 1997. |
Don Fritz |
| 1/31/1997 |
Meeting or Teleconference Held |
A meeting was held between Norton, Tony and Rachel Kennard, Robert Breckberg (Hinkle's legal counsel) and Sundet with Leroy Latta of DOL and Fritz on teleconference to discuss several general issues on a revised assessment work plan submitted to ADEC at the meeting as well as several specific issues. |
Don Fritz |
| 2/4/1997 |
Meeting or Teleconference Held |
A meeting was held on February 4, 1997 between Sundet, Norton and Kennard with Fritz on teleconference for a portion of the meeting to discuss ADEC comments and concerns with the site assessment plan which was received by ADEC on January 31, 1997. During that meeting, Norton submitted an addendum to the site assessment plan (i.e., which was submitted on 1/31/97. ADEC informed Norton and Kennard that ADEC was unable to understand several aspects of the work plan, thus was unable to approved the plan. Norton and Kennard stated that a new work plan would be written to address the comments and concerns verbally identified by ADEC at the meeting. |
Don Fritz |
| 2/7/1997 |
Update or Other Action |
CSRP commented on the revised assessment plan "Site Assessment Plan for River Terrace RV Park," which was received in the Kenai ADEC office on January 31, 1997. The plan was submitted by Tony Kennard on behalf of Gary Hinkle. The letter noted that a meeting was held on 1/31/97 between Norton, Kennard, Robert Breckberg (Hinkle's legal counsel) and Sundet with Leroy Latta of DOL and Fritz on teleconference to discuss several general issues on the work plan as well as several specific issues. The subject work plan was presented to ADEC at the meeting. The letter also noted that an addendum to the site assessment plan was submitted to ADEC on February 4, 1997, and a meeting was held between ADEC staff, Norton and Kennard on that date to discuss ADEC comments and concerns with the site assessment plan, which was submitted on January 31, 1997. The letter noted that Norton and Kennard informed ADEC that a new work plan would be written to address the comments and concerns verbally identified by ADEC on February 4. The letter provided comments and requested that a revised work plan be submitted to adequately address all of the concerns by February 10, 1997. |
Don Fritz |
| 2/20/1997 |
Update or Other Action |
CSRP commented on another revised assessment plan "Site Assessment Plan for River Terrace RV Park," which was received by ADEC on February 11, 1997. The plan was submitted by Tony Kennard on behalf of Gary Hinkle. The letter noted that not all of earlier ADEC comments had been adequately addressed. ADEC provided a redline/strikeout version of the February 11 plan, showing corrections that would make the plan acceptable to ADEC. CSRP requested that a revised plan be resubmitted to ADEC. |
Don Fritz |
| 2/25/1997 |
Update or Other Action |
Norton called Scott Pexton of ADEC on February 25, 1997 and requested whether ADEC had received the recent River Terrace work plan. Pexton noted that he was not the ADEC project manager; however, that the plan had been received and ADEC was currently reviewing the plan, and did not know how long it would be before an approval letter, if any, could be issued. Norton stated that he wanted to get stated in the field soon and they were clearing snow to allow the drilling rig access. Pexton advised Norton not to drill until the work plan had been approved and recommended that he (i.e. Norton) wait until they obtained the approval letter from ADEC before starting work. |
Don Fritz |
| 2/26/1997 |
Site Characterization Workplan Approved |
CSRP approved Tony Kennard's revised assessment plan for River Terrace, which was received along with a cover letter at ADEC on February 24, 1997. ADEC informed Hinkle that he needed to notify Bob Krogseng or Sundet prior to beginning field activities so that ADEC could schedule Krogseng to assist Hinkle's consultant in determining the locations of the ClearWater test pits and where the two sampling locations should occur near the sewer line. |
Don Fritz |
| 3/5/1997 |
Meeting or Teleconference Held |
Norton presented before Klein and Sundet of DEC, and Chris Kennedy and Leroy Latta of DOL recent findings from the soil assessment work that was on-going at River Terrace. Robert Breckberg of Edgar Paul Boyko and Associates also attended, representing Hinkle. ADEC informed Norton that it was very concerned with the contamination as it was deeper and closer to the Kenai River than suspected, and informed him that if Hinkle was unable or unwilling to continue to assess or cleanup the site, to notify ADEC immediately so ADEC could prepare to continue the assessment and cleanup. |
Don Fritz |
| 3/5/1997 |
Update or Other Action |
Late on March 5, Norton called Sundet and requested when a cleanup level would be given by ADEC. Most of the discussion was centered around speculation on cleanup levels and the sequence for the cleanup.
Sundet noted that cleanup levels would be determined after the assessment is completed with groundwater results, but the RP should not be surprised if the cleanup level is closer to the .03 ppm than 10 ppm for PCE because of the recent data that indicated that the PCE had reached the Kenai. Sundet also noted that surface water is as important as groundwater to be protected and that needs to be factored in when determining what type of corrective action method should be proposed. Sundet also noted that the RP also has the option to attempt to obtain an ACL from ADEC by performing a risk assessment or a contaminant leaching assessment. Sundet noted that Hinkle should not be surprised if the ADEC may request a removal action for at least the areas of with the highest contamination and possibly request that the cleanup be implemented in a short time frame. A two part cleanup including a removal, coupled with a risk assessment to show a lessor contaminant level be left in-place, possibly could be approval with a longer term corrective action remedial method such as a vapor extraction system, coupled with institutional control such as capping addressing the lessor contamination in-place.
Sundet also discussed that the RP needed to modify the plan if they take water samples and use a gas chromatograph. |
Don Fritz |
| 3/10/1997 |
Meeting or Teleconference Held |
Sundet met with Norton and Kennard, in which they provided ADEC a letter requesting to modify the workplan to eliminate the petroleum hydrocarbon analysis from samples. Norton had requested a somewhat similar request last Friday (i.e., 3/7/97, to Sundet, at which time, Sundet stated that ADEC would be open to the plan; however, stated that ADEC needed some data and suggested that they analyze for the petroleum hydrocarbons in rows 2, 4 and 6, and that may be adequate considering the PCE will be the driving force in the cleanup. |
Don Fritz |
| 3/13/1997 |
Update or Other Action |
ADEC responded to Kennard's letter received by ADEC on March 10, 1997 that requested a modification to the site assessment work plan approved on February 26, 1997. ADEC conditionally approved the modified work plan for reduced sampling with the condition that Kennard still analyze under EPA Methodology 8015, 8100M, 8020, and 418.1 the following samples collected in rows 2, 4 and 6: (a) at the surface; (b) at the "clay interface"; at five feet below grade surface if the "clay interface" has not yet been encountered. ADEC also informed Kennard that in implementing the modified plan, data gaps might be created that require further assessment activities at a later date. ADEC also reiterated Sundet's earlier conversations with Norton that Kennard might be interested in renting a field gas chromatograph (GC) to reduce the analytical expenses, and that ADEC is open to this recommendation provided that the concerns in its January 8, 1997 letter for use of a GC are properly addressed. |
Don Fritz |
| 4/4/1997 |
Update or Other Action |
On April 4, ADEC provided a response to Hinkle in regards to a letter received on April 1, 1997 from Norton and as follow-up to the March 5 meeting. The letter informed Hinkle that ADEC was very concerned with the recent findings that Norton described on March 5 because the contamination was much deeper and closer to the Kenai River than suspected. ADEC reiterated its March 5 request to Norton that Hinkle needed to submit a work plan to sample the water and sediment of the Kenai River. The letter also reiterated a conversation between Sundet and Norton regarding the status of the well search that ADEC requested and Norton replied that the only wells in the area were at River Terrace. The letter requested that Hinkle provide copies of all final analytical data that he had not previously submitted to ADEC by April 7, 1997.
The letter also noted that the plan approved by ADEC on February 26, 1997 stated that a groundwater assessment plan be submitted to ADEC within 10 days of completion of the soil phase portion of the assessment. Norton's April 1, 1997 letter indicated that the soil assessment phase was completed on March 14, 1997; therefore, the groundwater plan should have been submitted by March 24, 1997. ADEC requested a groundwater plan within 5 days of receipt of the April 4 letter.
DEC also requested in the letter clarification of a statement by Norton in his April 1 letter "Included in the report will be ground water testing and testing of the existing cells where Hydrosol is being used in remediation." ADEC was unaware of any groundwater sampling or that any sampling was done in the treatment cells where Hydrosol was used, and this sampling was not specified in the approved work plan. |
Rich Sundet |
| 4/8/1997 |
Meeting or Teleconference Held |
Sundet (CSRP) and Kent Patrick-Riley (DEC's Water Quality Program) met with Norton, Tony and Rachel Kennard and Gary Hinkle to discuss CSRP's April 4, 1997 letter in relation to the water quality and sediment study. Tony Kennard requested a 10 day extension to submit a plan from the deadline as noted in the April 4 letter, which Sundet noted that ADEC would grant the request because it did not expect that the sampling event be done after ice out and in May before the Kenai River water level rises. Patrick-Riley discussed the significance of the design of the study.
Briefly, discussion also occurred regarding groundwater monitoring and Sundet noted that it was DEC's expectation that groundwater monitoring be done including the installation of monitoring wells as the work plan specified. Kennard contended that they did not find groundwater only an isolated pocket and the lower grid row was "intrusion" from the Kenai River. Norton and Kennard contended that any dry hole drilled the cost should be picked up by DEC. |
Rich Sundet |
| 4/11/1997 |
Update or Other Action |
In a HartCrowser document dated 4/11/1997 to Virgil Norton, HartCrowser estimated that 96,234 grams of PCE remains in the soil on site (i.e., about 212 pounds). The document was not provided to DEC until 2/11/1998 as it was included as an exhibit in a motion by Boyko counsel for Hinkle. |
Rich Sundet |
| 4/17/1997 |
Update or Other Action |
CSRP's term contractor manager informed E&E that it would be seeking proposals for the following activities in association with the River Terrace contaminated site: develop a fact sheet on PCE; provide an opinion whether or not a groundwater study is needed; prepare a groundwater investigation plan if ADEC determines one is necessary; develop an overview of PCE cleanup levels established by other states and the federal government at selected sites with characteristics similar to the River Terrace RV Park; develop proposed cleanup levels for PCE based upon a risk assessment and fate and transport analysis; validate existing data; identify feasible soil treatment technologies; develop a plan characterizing and disposing of stockpiled soils and investigation derived waste according with RCRA regulations; provide field oversight of sampling activities; and develop and implement a water quality and sediment sampling plan in the Kenai River next to the site. |
Rich Sundet |
| 4/21/1997 |
Update or Other Action |
CSRP assigned E&E the following three tasks under NTP Number 1880175232A: 1) develop a PCE fact sheet 2) review site data for technical adequacy and completeness and prepare recommendations to CSRP on whether further soil assessment and groundwater assessment is necessary and 3) develop a water quality and sediment sampling plan. |
Rich Sundet |
| 4/22/1997 |
Update or Other Action |
CSRP issued a letter to E&E on April 22, 1997 that approved E&E's proposal to address the three tasks as outlined in CSRP's April 21, 1997 letter. The proposal was for $17,058.92. |
Rich Sundet |
| 4/25/1997 |
Update or Other Action |
CSRP issued Fact Sheet #1 on River Terrace to update stakeholders and interested individuals on the mailing list of the cleanup at the River Terrace contaminated site. |
Rich Sundet |
| 4/29/1997 |
Update or Other Action |
ADEC provided comments to Hinkle regarding his consultant's preliminary assessment report (done by Kennard) dated April 10 ,1997, which was received by ADEC on April 14, 1997. ADEC requested that a final report be submitted to ADEC no later than May 8, 1997. The letter described contamination found at the site and future actions that must be taken to complete additional soil assessment work, control site access with signs and fencing, control surface water runoff, properly dispose of contaminated drilling wastes, conduct a site inspection, complete a Kenai River sediment and water quality study, resolve groundwater assessment issues, establish soil cleanup levels, and develop an approved corrective action plan. The letter also provided a schedule summarizing the completion dates and expected products for each action. Regarding the cleanup level, ADEC noted that absent a risk assessment, ADEC would rely on the general soil cleanup level of 0.03 ppm for PCE to protect the environment.
The letter also noted that Hinkle's consultant recommended a PCE cleanup level of "somewhere in the 10 ppm to 15 ppm area," but did not provide any supporting data or analysis to justify this level. ADEC informed Hinkle that it would provide him with calculated risk-based cleanup levels based upon a risk assessment study for the site no later than July 3, 1997, and that if no other data needed to be collected, that it may be able to provide the subject risk-based cleanup levels as early as June 15, 1997. |
Rich Sundet |
| 4/30/1997 |
Meeting or Teleconference Held |
Sundet and Leroy Latta of DOL met with Hinkle's consultants Norton, Tony and Rachel Kennard, and Dale Urich of HU Services, and Hinkle's legal counsel Robert Breckberg of Edgar Paul Boyko and Associates. The meeting discussed DEC's April 29, 1997 letter, which provided comments on KEC's April 10, 1997 dated preliminary assessment report. During the meeting, Norton stated that he had contacted Hart Crowser to perform a risk assessment. Urich stated that he was working on designing a surface water runoff plan. |
Rich Sundet |
| 5/5/1997 |
Update or Other Action |
CSRP provided written comments to E&E regarding their "Draft Sediment Sampling Work Plan River Terrace RV Park Soldotna May 1997." |
Rich Sundet |
| 5/6/1997 |
Update or Other Action |
Kurt Fredriksson, Director of SPAR, issued a letter to Hinkle informing him of DEC's management hierarchy on providing regulatory oversight for the cleanup of his property at River Terrace. |
Rich Sundet |
| 5/7/1997 |
Site Characterization Workplan Approved |
On May 7, 1997, CSRP approved its term contractor E&E's work plan titled "Sediment Sampling Final Work Plan for River Terrace RV Park, Soldotna, May 1997," which was received by CSRP on May 6, 1997. |
Rich Sundet |
| 5/8/1997 |
Update or Other Action |
Bob Krogseng called Steve Foster of Foster Construction to discuss the Soldotna Birch Street Project that was done in fall 1996. Foster recalled hauling dirt and some brush and topsoil to River Terrace in an empty area. Foster noted that the person that could lend more insight on this issue was Frank Gotlich who now lives in Texas. |
Rich Sundet |
| 5/8/1997 |
Update or Other Action |
On May 8, 1997, CSRP tasked E&E to perform Task 4 of NTP Number 1880175232A to "Develop Site Specific Cleanup Levels for PCE and Degradation Compounds." This task was outlined in CSRP's April 17, 1997 letter to E&E as Task 5. |
Rich Sundet |
| 5/16/1997 |
Update or Other Action |
On May 16, 1997, CSRP tasked E&E to perform Task 5 of NTP Number 1880175232A to "Review Groundwater Assessment Workplan and Report, and Provide Oversight during the Groundwater Assessment Field Work." This task was a combination of Task 3, Task 6 and Task 9 of CSRP's April 17, 1997 letter to E&E. |
Rich Sundet |
| 5/22/1997 |
Update or Other Action |
On September 22, 1997, CSRP tasked E&E to perform Task 6 of NTP Number 1880175238A to "Disposal of Investigative Derived Wastes Generated during July 1997 Groundwater Assessment Work Activities which are currently Stored at River Terrace RV Park and ADOT/PF Soldotna Maintenance Facility." This task was in follow-up to potentially dispose of the IDW generated during the July 1997 term contract groundwater characterization work by E&E. The letter noted that the RP may elect to dispose of the waste on-site if EPA and ADEC approves of the RP's plan. |
Rich Sundet |
| 5/23/1997 |
Update or Other Action |
CSRP approved on May 23, 1997 E&E's proposal for Task 5 as outlined in E&E's May 22, 1997 submittal, in response to CSRP's May 16, 1997 letter to E&E. The proposal was approved for $15,952.78. |
Rich Sundet |
| 6/5/1997 |
Update or Other Action |
ADEC provided Hinkle the following:
1) A response to Kennard's letter dated May 16, 1997 for a request to submit an "Interim Response Action Plan" to cleanup all soils on-site above 10 ppm PCE because of concern that the field season is so short. The ADEC letter noted that because a) Hinkle's past requests to keep the costs down b) the understanding that Hinkle would be immediately addressing runoff concerns, and c) the understanding that cleanup is expected to occur beginning in July 1997, ADEC believed that no immediate excavation is necessary. ADEC noted that the report for specific site cleanup levels may show that a more stringent cleanup level than 10 ppm is necessary, which would result in significant increased costs if re-excavation is necessary.
2) A response to Norton's submittal dated April 30, 1997, which was received at ADEC on May 2, 1997, regarding the April 29, 1997 meeting between Hinkle representatives and State representatives. ADEC informed Hinkle that Leroy Latta of DOL provided Robert Breckberg, legal counsel for Hinkle, a letter on May 6, 1997 regarding cost recovery, cleanup levels and groundwater. The ADEC letter also informed Hinkle that during the April 29 meeting that Norton had stated that he had been in discussion with Hart Crowser to perform a risk assessment. The ADEC letter informed Hinkle that he could proceed with contracting for a risk assessment, however, needed to meet with ADEC to arrange for a scoping meeting.
3) Informed Hinkle of DEC's May 7, 1997 site inspection in which DEC's term contractor Ecology and Environment performed a sediment and water quality investigation. The letter informed Hinkle that Kennard had stated to Sundet on May 19, 1997 that some of his samples had also detected PCE, so requested Hinkle submit Kennard's data within 10 days of receipt of the letter. The letter also informed Hinkle of complaints regarding an uncovered stockpile in the trailer court that Larry Box had indicated that contained concrete from the Old Equipment Shed's concrete floor, thus the stockpile may contain contamination. During the inspection, Kennard collected several samples in areas that ADEC suggested. The June 5 letter noted that ADEC had yet to receive this stockpile data, so requested Hinkle submit it within 10 days of receipt of the letter.
ADEC also requested Hinkle to expand the fenced-in area to encompass the known contamination to the edge of the boardwalk closest to the laundromat and post appropriate warning signs. |
Rich Sundet |
| 6/5/1997 |
Cleanup Assumed by ADEC |
ADEC notified Hinkle that it found his "Groundwater Assessment Plan" dated May 20, 1997 was insufficient to properly characterize the property's groundwater conditions or contamination to those groundwater resources. The letter summarized the deficiencies. The letter also reiterated its concern stated in its April 29, 1997 letter that cleanup of contamination must begin this summer to protect human health and the Kenai River. The June 5 letter informed Hinkle that it cannot afford the time it might take for your consultant to make another attempt to develop an acceptable groundwater assessment plan. ADEC also informed Hinkle that it has determined that it is necessary to assume State lead on the groundwater monitoring portion of this cleanup, provide Hinkle with the plans for this work, and expected that the groundwater monitoring wells would be installed in June 1997. The letter informed Hinkle that ADEC had contracted one of its term contractors to review Kennard's work plan for groundwater assessment and it was highly critical of Kennard's plan, and that this evaluation was available if Hinkle requested it. |
Rich Sundet |
| 6/5/1997 |
Update or Other Action |
ADEC provided comments to Hinkle regarding his consultant Kennard's "Hazardous Waste Corrective Action Plan" dated May 20, 1997. ADEC requested that Hinkle provide a response to its concerns within 10 days of receipt of its letter. ADEC also informed Hinkle that he may want to contact EPA's RCRA program. |
Rich Sundet |
| 6/6/1997 |
Update or Other Action |
CSRP issued Fact Sheet #2 on River Terrace to update stakeholders and interested individuals on the mailing list of the cleanup at the River Terrace contaminated site. |
Rich Sundet |
| 6/12/1997 |
Update or Other Action |
ADEC requested a proposal from E&E for developing and implementing a work plan for a stormwater sewer system investigation near River Terrace RV Park. |
Rich Sundet |
| 6/12/1997 |
Update or Other Action |
ADEC provided comments to E&E as the result of a pre-proposal meeting it had with E&E on June 9 and 11, 1997 regarding the RFP issued to develop and implement a work plan for Phase 1 groundwater assessment at River Terrace. |
Rich Sundet |
| 6/12/1997 |
Update or Other Action |
CSRP issued Fact Sheet #3 on River Terrace to update stakeholders and interested individuals on the mailing list of the cleanup at the River Terrace contaminated site. |
Rich Sundet |
| 6/23/1997 |
Meeting or Teleconference Held |
Lynn Kent, Ron Klein and Rich Sundet of ADEC met with Norton and his contractors Tony and Rachel Kennard (KEC) and Jace Johnson (Blue Duck Consulting) with Representative Mark Hodgins on teleconference on June 23, 1997. The meeting was in follow-up to the June 20, 1997 teleconference with Senator Ward, Representative Hodgins and Representative Janes. Kent outlined five options which Hinkle could pursue to address the cleanup: 1) State lead and ADEC completes the assessment and cleanup, hire an arbitrator 2) limit RPs financial liability to $600,000.00 for the contamination that is known at this time, and the State completes the assessment and cleanup and the state could seek costs from other PRPs if elected to do so 3) RP hire a large reputable environmental consulting firm with experience on PERC and contaminated sites, the State continues the groundwater assessment 4) the State completes the assessment and cleanup, and seeks cost recovery, and 5) RP hires a consulting firm to perform a risk assessment and assist on a corrective action plan.
Norton requested DEC's contractor review the groundwater work plan dated June 22, 1997 that was submitted at the June 23 meeting and ADEC pay for the arbitrator. Norton also noted that he could have another third party consultant to develop a groundwater plan by the coming Friday.
Kent and Klein explained the reason for DEC's concerns with the progress of the cleanup at this site. |
Rich Sundet |
| 6/24/1997 |
Update or Other Action |
DEC receives a submittal on 6/24/97 by Norton (dated June 1997) that provides information alledgedly by Deputy Commissioner Al Ewuing at a June 1997 meeting at DEC. |
Rich Sundet |
| 6/25/1997 |
Cleanup Assumed by ADEC |
Commissioner Brown issued a letter to Hinkle that informed Hinkle that ADEC had determined to commence a state-lead response at the River Terrace site. Based, however, upon discussions with Norton, the Commissioner noted that ADEC may be able to entail a partial rescission of the actions described in the letter. The letter also provided possible alternative approaches to handle state cleanup costs that may be attractive to Hinkle and may assist him in keeping his business solvent. The letter noted that ADEC would take the following actions:
1) Perform groundwater assessment (as Hinkle had been informed in Sundet's June 5, 1997 letter) and further soil assessment, and establishment of site cleanup levels.
2) Corrective action, including cleanup of contaminated media as may be necessary, to protect imminent and substantial threats to human health and the environment.
3) Sampling, analysis, treatment and/or cleanup of stockpiled contaminated soils; handling of investigation-derived waste generated by ADEC activities.
The letter noted that Rich Sundet would be the ADEC project manager.
The letter described the procedures how Hinkle may be able to lay the groundwork for the Commissioner to rescind the portion of the decision not relating to groundwater. The letter also noted that Hinkle could appeal the decision under Appellate Rule 602(a)(2) by filing an appeal within 30 days of the mailing date of the letter. |
Rich Sundet |
| 6/26/1997 |
Update or Other Action |
ADEC approved its term contractor E&E's work plan titled "Stormwater System Investigation Work Plan" dated June 26, 1997; NTP Number 1880175237A. |
Rich Sundet |
| 6/27/1997 |
Update or Other Action |
ADEC discussed that according to a portion of the Commissioner's June 25 decision that ADEC could authorize specific action if Hinkle submitted an approvable plan. Based upon this condition, ADEC provided comments to Hinkle regarding his "Bio-cell Sampling Plan" dated May 29, 1997 and Norton's letter dated June 24, 1997. ADEC informed Hinkle that based upon its review of these documents, that information in the documents was insufficient to allow ADEC to approve the plan.
The letter did provide an option if Hinkle elected to correct the water line problem as outlined in Norton's June 24, 1997 letter, by conditionally approving Norton's work activities as described in the June 24 letter.
DEC's June 27 letter also noted that while Norton's letter stated that KEC would be using a "GC", no reference was made to a "GC" in the "Bio-cell Sampling Plan." |
Rich Sundet |
| 7/7/1997 |
Meeting or Teleconference Held |
Sundet, Klein and Pexton of ADEC along with its term contractor E&E (Horner and Brad Ackman) met with Virgil Norton, Tony and Rachel Kennard, and Tom Noyes of Hart Crowser to discuss the E&E groundwater investigation workplan for River Terrace. The investigation was planned to be implemented July 10 -15, 1997 with utility locates being performed on July 9. Tony Kennard tape recorded the meeting. |
Rich Sundet |
| 7/10/1997 |
Site Characterization Workplan Approved |
ADEC approved its term contractor E&E's work plan titled "Groundwater Assessment Phase 1 Final Work Plan River Terrace RV Park" dated July 1997; NTP Number 1880175238A. |
Rich Sundet |
| 7/11/1997 |
Update or Other Action |
ADEC approved its term contractor E&E's proposal/work plan for Task 4 of NTP 1880175238A "Develop Propose Cleanup Levels for Tetrachloroethylene (PCE) and its Degradation Products based on Risk and Migration to Groundwater Environmental Transport and Fate" dated July 9, 1997. |
Rich Sundet |
| 7/11/1997 |
Update or Other Action |
Commissioner Brown provided a written response to Edgar Paul Boyko's July 8, 1997 dated letter request for a meeting to discuss our divergent views on matters regarding River Terrace. The Commissioner also noted that she had become aware of the withdrawal of cooperation with the cleanup efforts, the denial of site access to the state and its contractors needed for the work to proceed on schedule, and the threats against the state's contracted engineers. Commissioner Brown noted that she would be willing to listen to Boyko's arguments, but the letter did not modify the June 25th decision. Commissioner Brown noted that she did not object to EPA's participation in the cleanup as long as it does not delay cleanup action that must be taken this season, and cited Boyko's June 27, 1997 letter to EPA proposing to submit a corrective actin plan for their approval to conduct a "P-RP Led Removal Action.". The July 11 letter also discussed the allegations from Boyko concerning a conspiracy by ADEC against Hinkle, and that ADEC had requested some time ago for specific evidence, if any existed of alleged ADEC staff misconduct. Commissioner Brown noted that a videotape was submitted, but Boyko's letter indicated that additional evidence was in his possession and that ADEC requested that information. |
Rich Sundet |
| 7/17/1997 |
Update or Other Action |
ADEC commented upon its term contractor E&E's letter regarding its concerns associated with utility lines or structures that may not be on the public records and/or as-builts. ADEC accepted full responsibility for the decision to proceed with the drilling program at this time. |
Rich Sundet |
| 7/21/1997 |
Update or Other Action |
In a HartCrowser document dated 7/21/1997 to Gary Hinkle, Hart Crowser provided comments on the Draft-Final Groundwater Assessment – Phase I workplan developed by Ecology & Environment for DEC. |
Rich Sundet |
| 8/7/1997 |
Update or Other Action |
On August 4 and August 7, 1997, EPA and ADEC signed a MOU, respectively, pertaining to the cleanup at River Terrace. Because the site has RCRA hazardous waste present, ADEC contacted EPA and entered into the MOU to reduce agency duplication and potentially save Hinkle monies. The MOU outlined that EPA would be responsible for providing management to remove the "hot spots" and ADEC would be responsible for long-term actions, including assessment, monitoring and cleanup. |
Rich Sundet |
| 8/7/1997 |
Update or Other Action |
Commissioner Brown issued a follow-up letter to Boyko in response to her July 11, 1997 letter. The August 7, 1997 letter noted that Boyko had not yet contacted ADEC to schedule an appointment. The letter also noted that ADEC was able to perform the groundwater investigation, provided that the court granted access.
Lastly, the letter informed Hinkle that because the site has RCRA hazardous waste present, ADEC contacted EPA and entered into an agreement pertaining to this site to reduce agency duplication and potentially save Hinkle monies. The letter enclosed the August 1997 MOU between ADEC and EPA. |
Rich Sundet |
| 8/27/1997 |
Cleanup Level(s) Approved |
On August 27, 1997, ADEC established cleanup levels for soil and groundwater for the River Terrace property.
On site soil cleanup levels were established for the following: PCE (11.5 mg/kg) and its degradation products TCE (300.0 mg/kg), cis-DCE (72.1 mg/kg), trans-DCE (87.3 mg/kg), 1,1-DCE (7.1 mg/kg), and vinyl chloride (2.1 mg/kg); DRO (100.0 mg/kg); GRO (50.0 mg/kg); benzene (0.1 mg/kg); BTEX (10.0 mg/kg); and TPH (2,000 mg/kg).
Groundwater cleanup levels for the lower confined aquifer on-site beginning approximately 85 feet below surface grade, which is currently being used as a drinking water source for VOCs, was drinking water standards established in 18 AAC 80. The point of compliance was the Class A drinking water supply system on-site.
Groundwater cleanup levels established for all aquifers between surface grade and the lower drinking water aquifer were the following: PCE (840.0 ug/l) and its degradation products TCE (21,900.0 ug/l), cis-1,2-DCE (11,600.0 ug/l), trans-1,2-DCE (11,600.0 ug/l), 1,1-DCE (7.0 ug/l), and vinyl chloride (2.0 ug/l); TAqH (15.0 ug/l) and TAH (10.0 ug/l). The letter noted that all aquifers on-site between surface grade and the lower artesian drinking water aquifer must meet the action levels listed. The point of compliance were the three monitoring wells, i.e. sentry wells, installed along the Kenai River.
The letter provided conditions for the approval:
1) Any soil and groundwater sampling not done to an AOC with EPA will require approval by DEC.
2) No work to be done on-site which penetrates the soil strata to allow contamination to the lower drinking water aquifer. Any work which may result in the penetration must be approved by ADEC prior to initiating such work.
3) A deed restriction must be recorded noting that the property is contaminated and the groundwater aquifers between the surface grade and the lower artesian aquifer must not be used as a drinking water supply source for as long as the water levels exceed the drinking water MCLs established under state and federal laws.
4) Semi-annual sampling of the Class A public water system at River Terrace begin in September 1997 and will continue for at least one year or until ADEC determines the effectiveness of the corrective action(s). Samples are to be analyzed by EPA Method 524.2.
5) Quarterly sampling (i.e. September, December, March and June) of the five groundwater monitoring wells on-site and four groundwater monitoring wells in the ADOT&PF right-of-way occur until ADEC determines that further sampling is not necessary. Samples are to be analyzed for EPA Method 8260 for VOCs, EPA Method 610 for PAHs.
6) A work plan developed by Hinkles' scientist or engineer is to be submitted to ADEC by September 15, 1997 regarding the drinking water and sentry well sampling activities, including conducting measurements to assist in determining the seasonal hydraulic relationship between the groundwater and the Kenai River. |
Rich Sundet |
| 9/2/1997 |
Update or Other Action |
Commissioner Brown informed Hinkle that as a result of the recent MOU signed between ADEC and EPA, that ADEC was modifying part of her determination outlined in her June 25, 1997 letter. The modification allowed Hinkle to implement a removal action under the oversight of EPA in accordance with the terms of that approved action. |
Rich Sundet |
| 9/4/1997 |
Update or Other Action |
Commissioner Brown informed Hinkle that the August 27, 1997 alternative cleanup level is the Commissioner's final decision and informed him of his appeal rights. |
Rich Sundet |
| 9/9/1997 |
Update or Other Action |
ADEC provided Matt Carr of EPA comments via fax and mail on the work plan "Draft Work Plan for PCE Soil Removal River View Terrace Soldotna Alaska" dated September 3, 1997. |
Rich Sundet |
| 9/11/1997 |
Update or Other Action |
ADEC transmitted to Hinkle E&E's submittal dated August 12, 1997, a photocopy of a map showing the locations of the monitoring wells installed, and an excerpt of E&E's final work plan for groundwater assessment dated July 9, 1997 at River Terrace RV Park. The August 12 submittal included groundwater sampling data. |
Rich Sundet |
| 9/22/1997 |
Update or Other Action |
ADEC tasked its term contractor E&E with disposing of the IDW generated during the July 1997 groundwater assessment work activities performed by E&E. This disposal task was under NTP Number 1880175238A. ADEC informed E&E that the disposal may not be required, however, if the Hinkles accept the IDW for treatment and disposal at River Terrace (note the Hinkles eventually did accept the IDW). |
Rich Sundet |
| 9/22/1997 |
Update or Other Action |
ADEC issued a follow-up letter to its August 27 and September 11, 1997 letter to Hinkle regarding the evaluation of groundwater issues. The letter informed Hinkle that based upon the information ADEC previously provided Hinkle and his attorney, that a work plan to assess the groundwater could be developed.
The letter also noted that ADEC had provided two copies of E&E's groundwater assessment report on September 19, 1997 to Matt Carr of EPA and at DEC's request. Carr provided one copy to Norton on that date. |
Rich Sundet |
| 9/24/1997 |
Update or Other Action |
CSRP issued Fact Sheet #4 on River Terrace to update stakeholders and interested individuals on the mailing list of the cleanup at the River Terrace contaminated site. |
Rich Sundet |
| 9/30/1997 |
Update or Other Action |
ADEC informed Hinkle of the IDW generated by ADEC in July 1997 would be costly to dispose of and as such, requested whether Hinkle would accept the IDW for proper treatment and disposal. ADEC requested that Hinkle respond in writing by October 1, 1997 whether he would accept some or all of the IDW. ADEC also stated that it would make plans to dispose of the IDW by October 10, 1997 if it did not hear back from Hinkle by October 1. |
Rich Sundet |
| 10/6/1997 |
Update or Other Action |
ADEC issued Hinkle a letter in follow-up to its September 30, 1997 IDW letter and Norton's response letter on October 1, 1997 that accepted responsibility for all of the IDW. |
Rich Sundet |
| 10/11/1997 |
Update or Other Action |
ADEC provided comments to Hinkle regarding his contractor Hart Crowser's work plan titled "Draft Work Plan Groundwater Sampling and Analysis River Terrace RV Park Soldotna, Alaska" dated September 30, 1997, which was received by ADEC on October 8, 1997. ADEC requested a revised plan by October 14, 1997. |
Rich Sundet |
| 10/23/1997 |
Update or Other Action |
ADEC conditionally approved Hart Crowser's work plan titled "Work Plan Groundwater Sampling and Analysis River Terrace RV Park Soldotna, Alaska" dated October 14, 1997, which was received by ADEC on October 15, 1997. The following conditions were required to be met:
1) Coordinate the installation and any required permits for the river level gauge with the Kenai Support Center and ADOT&PF.
2) The spigot used to sample the Class A water system must be located before water passes through any treatment works.
3) Prior to initial sampling in October 1997, drawings must be submitted showing the location of the spigot.
4) In the quarterly sampling reports, provide for one year, data deliverables to satisfy requirements in Section 8.4.2, including Appendix C, of DEC's UST Procedures Manual dated September 22, 1995. After this time, ADEC will evaluate the need to continue to provide this information.
5) Submit each quarterly report within 30 days of the conclusion of the corresponding sampling event. |
Rich Sundet |
| 11/21/1997 |
Update or Other Action |
On November 21, 1997, CSRP transmitted copies of the final E&E report titled "Stormwater System Investigation Report Sterling Highway River Terrace RV Park Soldotna, Alaska" dated November 1997 to Hinkle and Jim Gill. |
Rich Sundet |
| 12/17/1997 |
Update or Other Action |
On December 17, 1997, CSRP informed Hinkle of the following two deficiencies in complying with the conditions of the department's October 23, 1997 conditional approval of alternative cleanup levels for the River Terrace site: 1) failure to provide to ADEC a report of the October 1997 quarterly groundwater sampling event as required by condition #5 of DEC's October 23, 1997 conditional approval of the Hart Crowser groundwater work plan and, 2) failure to provide ADEC an evaluation report from Hart Crowser addressing whether the lack of sampling results from monitoring wells (MW) #3 and #4 will result in a significant gap in the monitoring data necessary to meet the groundwater work plan objectives and, if so, proposing how Hinkle would intend to correct any problem created by the data gap. The evaluation report was also required by the October 23, 1997 condition approval of the groundwater work plan and was to be provided to CSRP by October 30, 1997.
The December 17 letter also reinformed Hinkle that he was required to provide a report within 30 days of each groundwater sampling event. The letter also requested that Hinkle submit the evaluation report and the overdue groundwater report by December 22, 1997 or submit a written extension request and an explanation for the reason and a time line when Hart Crowser can meet. |
Rich Sundet |
| 12/19/1997 |
Update or Other Action |
In a HartCrowser submittal dated 12/19/1997 to DEC, HartCrowser provided an evaluation of the potential data gaps due to the loss of MW4 and the inaccessibility of MW3. The letter noted that MW3 was protected prior to remediation activities occurring in September and MW4 was removed during excavation activities. |
Rich Sundet |
| 1/12/1998 |
Update or Other Action |
On January 12, 1998, CSRP issued Hinkle a response to Hart Crowser's report on the evaluation of the potential data gaps, which was received by ADEC on December 19, 1997, and the Hart Crowser report titled "Groundwater Sampling and Analysis River Terrace RV Park Soldotna, Alaska," which was received by ADEC on December 25, 1997. ADEC informed Hinkle that it would be providing him specific comments on both of these reports and future work that will be required by Hinkle pending the department's review of the cleanup report for the AOC done by his contractor, which was submitted to EPA on December 25, 1997. |
Rich Sundet |
| 2/11/1998 |
Update or Other Action |
In a HartCrowser document dated 4/11/1997 to Virgil Norton, HartCrowser estimated that 96,234 grams of PCE remains in the soil on site (i.e., about 212 pounds). The document was not provided to DEC until 2/11/1998 as it was included as an exhibit in a motion by Boyko counsel for Hinkle. |
Rich Sundet |
| 2/27/1998 |
Update or Other Action |
On February 27, 1998, CSRP provided Hinkle a response to the following: 1) Hart Crowser's recommendation that monitoring well #3 be uncovered and MW #4 be replaced prior to the March 1998 groundwater sampling event 2) comments on Hart Crowser's evaluation report dated December 19, 1997 and, 3) comments on the two Hart Crowser groundwater monitoring reports dated December 22, 1997 and February 9, 1998.
The February 27 letter requested that Hart Crowser submit a work plan for the installation of the new monitoring well(s) and uncovering MW #3, and address whether other monitoring wells need to be installed on or off RTRVP property to meet the objectives of the Hart Crowser October 14, 1997 approved groundwater monitoring work plan, and to provide adequate assessment data on the extent of groundwater contamination. |
Rich Sundet |
| 3/10/1998 |
Update or Other Action |
On March 10, 1998, CSRP discussed the upcoming March 1998 groundwater sampling event and a follow-up to DEC's February 27, 1998 letter. ADEC informed Hinkle that it was concerned that a work plan to install new monitoring wells and sample all monitoring wells, including the replacement wells, needed to be submitted soon because March was fast ending.
The March 10 letter also reinformed Hinkle that the August 27, 1997 letter requires quarterly groundwater sampling of the five on-site and four off-site monitoring wells, and that DEC's February 27 letter indicates that more monitoring wells need to be installed. The March 10 letter also discussed that to provide ADEC and EPA enough review time, that a work plan needed to be submitted to address the installation of additional monitoring wells by March 19, 1998. |
Rich Sundet |
| 4/10/1998 |
Update or Other Action |
In response to a work plan to install more monitoring wells that was submitted by Hart Crowser on March 31, 1998, CSRP provided comments to Hinkle on April 10, 1998. The April 10 letter noted that although Gill stated on March 25 that he may have to request an extension until mid-April 1998 to conduct the sampling event scheduled for March 1998, the work plan did not include an extension request. The letter also requested that Hinkle have Hart Crowser sample the monitoring wells by April 17, 1998. The April 10 letter requested a revised work plan to address DEC's comments by April 24, 1998. |
Rich Sundet |
| 4/17/1998 |
Update or Other Action |
CSRP issued Hinkle a letter on April 17, 1998 in response to Hart Crowser's March 27 and April 17, 1998 letters requesting a delay of the March sampling event until the week of April 15 and 20, 1998, respectively. CSRP apologized for missing the extension request in the earlier March 27 letter. The April 27 letter granted Hart Crowser's extension request until April 24, 1998 to complete the groundwater monitoring sampling event for the existing on and off-site monitoring wells, and other work required as part of this groundwater monitoring event. |
Rich Sundet |
| 4/20/1998 |
Meeting or Teleconference Held |
Rich Sundet and Ron Klein of ADEC attended a meeting at Philip Services on April 20, 1998 to discuss the coordination of activities affecting short-term cleanup actions. Also attending were: Tim Shaw of Philip Services and his representatives Todd McGovern and Tony Kennard; Matt Carr of EPA; Jim Gill of Hart Crowser; and Virgil Norton representing Hinkle. Carr led the meeting and requested that the Philip plan needed more engineering, more science, air monitoring, health and safety plan, how to address soils > the ACLs, and how to characterize the soils > the ACLs left behind after the removal action. McGovern provided a rough schedule for addressing, through treatment onsite, the stockpiled soils that were generated onsite from the 1997 removal activity. |
Rich Sundet |
| 4/23/1998 |
Update or Other Action |
CSRP issued Fact Sheet #5 on River Terrace to update stakeholders and interested individuals on the mailing list of the cleanup at the River Terrace contaminated site. |
Rich Sundet |
| 5/14/1998 |
Update or Other Action |
On May 14, 1998, CSRP provided comments to Hinkle regarding the Hart Crowser document "Work Plan for Soil and Groundwater Assessment River Terrace RV Park" dated April 24, 1998 that included the document "Work Plan Groundwater Sampling and Analysis River Terrace RV Park" dated April 24, 1998. The Hart Crowser document was received at ADEC on April 24. CSRP coordinated its review with Matt Carr of EPA. The Hart Crowser plans discussed the installation of additional monitoring wells and monitor well sampling. The May 14 letter requested that a revised work plan addressing DEC's comments be submitted by May 21, 1998 so that groundwater wells could be installed prior to the activities beginning for the construction of the soil vapor extraction system, which was scheduled to begin on May 26, 1998. |
Rich Sundet |
| 5/22/1998 |
Update or Other Action |
On May 22, 1998, CSRP followed-up a facsimile from Hart Crowser in response to DEC's May 14, 1998 request that a revised work plan be submitted by May 21, 1998. The May 22 letter also was in response to a follow-up conversation staff had with Jim Gill earlier on May 22 discussing two contamination issues, and an extension request until May 26, 1998. The May 22 letter noted that based upon the two contamination issues to be addressed in the revised work plan, ADEC granted the extension until May 26, 1998 to submit the work plan. |
Rich Sundet |
| 6/1/1998 |
Meeting or Teleconference Held |
On June 1, 1998, Rich Sundet and Jim Frechione of CSRP met with Jim Gill to discuss discrepancies between Hart Crowser's May 21, 1998 submittal and their May 26, 1998 work plan, the content of those two submittals, and the document titled "Addendum to Work Plan for PCE Soil Removal" dated May 29, 1998. The purpose of the meeting was an attempt to expedite the approval of the work plan by discussing the department's remaining concerns and how Hart Crowser intended to address them, and by reconciling the discrepancies between Hart Crowser's submittals. |
Rich Sundet |
| 6/4/1998 |
Update or Other Action |
CSRP summarized the meeting to Hinkle that staff had with Jim Gill on June 1, 1998 to discuss discrepancies between Hart Crowser's May 21, 1998 submittal and their May 26, 1998 work plan, the content of those two submittals, and the document titled "Addendum to Work Plan for PCE Soil Removal" dated May 29, 1998. The June 4 letter also provided comments on the above noted documents. The purpose of the meeting was an attempt to expedite the approval of the work plan by discussing the department's remaining concerns and how Hart Crowser intended to address them, and by reconciling the discrepancies between Hart Crowser's submittals.
The June 4 letter also informed Hinkle that the reports for the October, and December 1997, and April 1998 groundwater sampling events had exceeded the 30 day requirements and reiterated that other options exist to Hinkle to meet this deadline. |
Rich Sundet |
| 6/12/1998 |
Update or Other Action |
On June 12, 1998, CSRP informed Hinkle that earlier on January 8, 1997, ADEC sent him comments and concerns about the Kennard assessment plan dated January 3, 1997. The June 12 letter also identified the need for additional assessment activities at potential sources of contamination on-site, including sumps in the floor of the former dry cleaning building. The June 12 letter also reiterated conversations on January 9 and 21, 1997 between ADEC staff and Hinkle's representatives regarding the former dry cleaning building. ADEC staff at the January 9 and 21, 1997 meetings requested that because the sumps were potential sources of contamination, the site assessment work plan provide for an investigation of the former dry cleaning building and the sewer lines serving it. At those meetings, Norton requested a delay for any additional assessment activity in the laundromat building and sewer lines, and ADEC orally agreed to the delay until the results of the January/February 1997 assessment work were reviewed.
The June 12 letter requested that Hinkle submit a site assessment work plan for additional assessment activities at, and around the former dry cleaning facility, including the sewer line, which exits the building. The letter also noted that if contamination is found, a groundwater assessment needs to be undertaken. The June 12 letter requested an assessment work plan be submitted to ADEC by July 17, 1998. |
Rich Sundet |
| 6/15/1998 |
Meeting or Teleconference Held |
Jim Frechione and Jennifer Roberts met with Jim Gill to discuss the proposed work by Hart Crowser to perform further assessment at River Terrace. ADEC informed Gill that Hinkle needs to coordinate the activities between his contractors Hart Crowser and Philip Services. |
Rich Sundet |
| 6/19/1998 |
Site Characterization Workplan Approved |
On June 19, 1998, CSRP issued an conditional approval letter to the Hart Crowser Work Plan for Soil and Groundwater Assessment dated June 15, 1998. The work plan included as Appendix A a work plan titled "Groundwater Sampling and Analysis" dated April 24, 1998. |
Rich Sundet |
| 6/21/1998 |
Update or Other Action |
CSRP's contract manager issued on June 9, 1998 a RFP to E&E to develop and implement a work plan to assess the soil and groundwater in the DOT/PF right-of-way adjacent to the River Terrace property. |
Rich Sundet |
| 6/22/1998 |
Site Characterization Workplan Approved |
On June 22, 1998, CSRP issued Hinkle a revised conditional approval letter from its June 19, 1998 approval letter. The June 22 letter clarified the conditions (as discussed between Jennifer Roberts of DEC, Jim Gill and Matt Carr of EPA) upon which approval of the Hart Crowser's plan dated June 15, 1998 was based. |
Rich Sundet |
| 6/23/1998 |
Update or Other Action |
CSRP informed Hinkle on June 23, 1998 that it would arrange to have Max Schwenne on-site to observe the installation of the new monitoring wells pursuant to the soil and groundwater assessment plan that was approved by ADEC on June 22, 1998.
The June 23 letter also reiterated Norton's comment in his July 16, 1998 letter, i.e. in response to DEC's June 12, 1998 letter, that ADEC would be receiving a work plan for the characterization of the laundromat building and the sewer lines exiting the building next week, i.e., the week of July 20-24, 1998. The June 23 letter informed Hinkle that as yet, ADEC had not received a response and the work plan was now two weeks overdue. |
Rich Sundet |
| 7/16/1998 |
Update or Other Action |
CSRP and EPA jointly issued a Fact Sheet on River Terrace to update stakeholders and interested individuals on EPA's and CSRP's mailing lists of the cleanup at the River Terrace contaminated site. |
Rich Sundet |
| 7/20/1998 |
Update or Other Action |
ADEC responded to Virgil Norton's letter dated July 16, 1998 which was received by ADEC on July 17, 1998. Norton's letter informed ADEC that Hinkle would miss the July 17, 1998 deadline for submitting a work plan to ADEC as requested in its June 12, 1998 letter. The work plan was to characterize the former Laundromat and sewer lines. Norton's letter stated that ADEC may be receiving a detailed response to the June 12 letter this week.
DEC's letter also informed Hinkle that his legal counsel inappropriately contacted Ron Klein. |
Rich Sundet |
| 8/5/1998 |
Meeting or Teleconference Held |
EPA (Matt Carr and his contractors) and ADEC (Rich Sundet) hosted an "availability session" to discuss the upcoming removal action that is proposed, and other assessment/cleanup work that has been done or may be required. |
Rich Sundet |
| 8/17/1998 |
Update or Other Action |
CSRP informed Hinkle on August 17, 1998 of the upcoming soil and groundwater investigation that ADEC and its term contractor would be performing in the DOT&PF right-of-way (ROW) adjacent to River Terrace. The work would be done to complement previous work done in the ROW and at River Terrace.
DEC also informed Hinkle that the investigation would be generating hazardous waste that would be costly to dispose of and whether he would manage/dispose of that waste to decrease overall costs of the project. ADEC requested a written response by August 21, 1998 stating whether he would take responsibility for the drums of investigative derived waste (IDW) generated in the ROW. ADEC also requested written permission at that time granting access through River Terrace so ADEC and its contractor could sample the ROW. |
Rich Sundet |
| 9/2/1998 |
Update or Other Action |
In follow-up to E&E's proposal that was submitted to CSRP on June 19, 1998 for assessment work in the DOT right-of-way and E&E's subsequent letter on July 6, 1998, on September 2, 1998, CSRP informed E&E that the proposal be revised to incorporate the information that has been discussed since the June 19, 1998 proposal. |
Rich Sundet |
| 9/11/1998 |
Update or Other Action |
In follow-up to conversations with Jim Gill on September 1, 8, and 10, 1998, ADEC informed Jim Gill in writing that the September 1, 1998 court decision requires that a work plan be submitted to ADEC for approval . The decision also required that assessment work, including possible additional assessment work and remediation activities depending upon the results of the assessment, be done by the end of the current field season or around November 1, 1998.
The letter also reiterated a conversation with Gill on September 1, 1998 for providing to ADEC the report for the June groundwater sampling event and the report of the groundwater monitoring wells that Hart Crowser installed in June and August 1998. The letter reiterated time requirements to submit reports. |
Rich Sundet |
| 10/1/1998 |
Update or Other Action |
In response to CSRP's September 2, 1998 letter to resubmit a revised proposal to develop and implement a work plan to assess the soil and groundwater in the DOT/PF right-of-way adjacent to the River Terrace property, E&E submitted a second revised proposal on September 28, 1998. A previous revised submittal was submitted by E&E on September 22, 1998.
Based upon the September 28 revised proposal, on October 1, 1998, CSRP issued NTP1820121109A to E&E for $90,621.00. |
Rich Sundet |
| 10/2/1998 |
Update or Other Action |
ADEC denied the request in Hart Crowser's September 30, 1998 letter, which requested to postpone the quarterly groundwater sampling event until October 28 and 29, 1998. ADEC requested that the sampling begin immediately. |
Rich Sundet |
| 10/9/1998 |
Update or Other Action |
ADEC noted that the September 1, 1998 Superior Court required Hinkle to perform additional site assessment work and that the court asked when an end to the site assessment and remedial work. In response to the court's request, ADEC provided Hinkle a description of additional assessment work and time-frames based upon current information. |
Rich Sundet |
| 10/16/1998 |
Update or Other Action |
ADEC informed Jim Gill by mail and fax that it had not yet reviewed the work plan for soil and groundwater assessment at the laundromat building and sewer line that was submitted by hand on October 15, 1998. Because Hart Crowser planned to be in the field immediately after the upcoming weekend, ADEC proposed a meeting on October 19, 1998 to discuss department comments and inspection of the sumps. At this time, however, ADEC noted that the plan was not approved. |
Rich Sundet |
| 10/19/1998 |
Update or Other Action |
ADEC reiterated to Jim Gill its October 16, 1998 letter which noted that the work plan differed from the description of the sumps in previous reports from the Hinkles. ADEC reiterated a October 19, 1998 conversation with Gill that he was not available until October 22, 1998 to discuss the work plan. ADEC also informed Gill that Brad Authier of Oasis would represent ADEC to inspect the sumps in the laundromat building. |
Rich Sundet |
| 10/20/1998 |
Update or Other Action |
Brad Authier of Oasis performed an inspection of the sumps in the laundromat building on behalf of ADEC. Steve Rog representing Hart Crowser was onsite. |
Rich Sundet |
| 10/21/1998 |
Update or Other Action |
ADEC issued a follow-up letter to Jim Gill regarding its October 16, 1998 letter, which noted initial deficiencies in the work plan. The October 21 letter also noted that Brad Authier of Oasis inspected the laundromat sumps on October 20, 1998. The letter commented on the October 15, 1998 dated Hart Crowser work plan. |
Rich Sundet |
| 10/26/1998 |
Site Characterization Workplan Approved |
On October 26, 1998, CSRP approved E&E's work plan titled "Final Work Plan for Soil and Groundwater Investigation ADOT&PF ROW Sterling Highway at Kenai River Bridge Number 671" dated October 1998, NTP Number 1820121109A. |
Rich Sundet |
| 10/30/1998 |
Site Characterization Workplan Approved |
ADEC granted conditional approval to Hinkle on a revised Hart Crowser work plan for soil and groundwater assessment at the laundromat building and sewer line dated October 26, 1998, provided that a number of conditions are satisfied. |
Rich Sundet |
| 11/5/1998 |
Update or Other Action |
ADEC informed Hinkle that it denied Hart Crowser's modified work plan for assessment and groundwater assessment at the laundromat building and sewer line, which was dated November 3, 1998 and received by ADEC shortly before close of business on November 4, 1998. The Hart Crowser November 3 dated letter proposed to vary the terms of DEC's October 30, 1998 conditional approval letter. |
Rich Sundet |
| 11/6/1998 |
Site Characterization Workplan Approved |
ADEC informed Mark Madden of Hart Crowser that it approved of the October 26, 1998 Hart Crowser work plan, subject to the conditions and references set forth in Hart Crowser's November 6, 1998 letter. |
Rich Sundet |
| 11/18/1998 |
Update or Other Action |
ADEC informed Hinkle of the final terms of DEC's conditional approval of the October 26, 1998 Hart Crowser work plan for assessment of the laundromat and sewer line. |
Rich Sundet |
| 11/18/1998 |
Update or Other Action |
CSRP's term contract manager issued a contract amendment to its term contractor E&E to address legal fees that may be accrued by E&E should an appeal be made to the Alaska Supreme Court regarding the River Terrace matter. The contract noted that all requirements and terms of the original term contract dated May 20, 1998 remain in effect. |
Rich Sundet |
| 11/18/1998 |
Update or Other Action |
CSRP term contract manager issued an amendment to E&E for contract 18-2012-11 to address legal fees that may be accrued by E&E should an appeal be made to the Alaska Supreme Court regarding the River Terrace matter. All requirements and terms of the original term contract dated May 20, 1998 remain in effect. |
Rich Sundet |
| 12/11/1998 |
Meeting or Teleconference Held |
Rich Sundet and Jeff Ginalias of CSRP met with Virgil Norton and Jim Gill to discuss remaining assessment-related issues. |
Rich Sundet |
| 12/14/1998 |
Update or Other Action |
ADEC issued a letter to Hinkle informing him of the December 11, 1998 meeting and proposals made by Jim Gill at the meeting for reduced monitoring. |
Rich Sundet |
| 12/18/1998 |
Update or Other Action |
As promised earlier that day, ADEC transmitted data to Gill that was recently received by ADEC from E&E for work done in fall 1998 in the ADOT&PF right-of-way adjacent to River Terrace. Hart Crowser had requested that ADEC hold the data for pickup. |
Rich Sundet |
| 12/21/1998 |
Update or Other Action |
A memorandum to the file was written by Sundet and Ginalias documenting the December 11, 1998 meeting they had with Jim Gill and Virgil Norton. |
Rich Sundet |
| 12/21/1998 |
Update or Other Action |
ADEC memorialized in a memorandum dated December 21, 1998 the December 11, 1998 meeting between Sundet and Ginalias with Norton and Gill. |
Rich Sundet |
| 12/28/1998 |
Update or Other Action |
ADEC noted to Hinkle that its November 18, 1998 letter requested the final report for the November field work performed at the laundromat and sewer line. In response to an extension request by Hart Crowser in a December 7, 1998 document, ADEC granted an extension until January 15, 1999 to submit the final subject report. |
Rich Sundet |
| 12/30/1998 |
Update or Other Action |
ADEC denied the recommendation for reduced sampling/analysis in the Hart Crowser document "Groundwater Quality Investigations October 1998 Sampling Event River Terrace RV Park" dated December 22, 1998. The denial was because Hart Crowser failed to provide adequate information or scientific rationale that would allow ADEC to grant the request and because the previous work performed by Hinkle consultants has had a number of deficiencies. The document was received by ADEC between 4:30 and 5:00 PM on December 23, 1998. ADEC informed Hinkle of its decision via certified mail. |
Rich Sundet |
| 1/8/1999 |
Update or Other Action |
ADEC provided comments to ADOT&PF regarding its draft report "Soil and Groundwater Assessment Kenai River Bridge, Number 671 Soldotna Urban Project" dated December 1998 that was received by ADEC on December 29, 1998. The bridge assessment work was adjacent to the River Terrace PCE and its degradation products contaminated site and was suspected to encounter contaminated soil and/or groundwater. |
Rich Sundet |
| 1/12/1999 |
Update or Other Action |
ADEC provided comments to Hinkle regarding the Hart Crowser December 7, 1998 document "Work Plan for Soil and Groundwater Assessment at the Building and Sewer Line". |
Rich Sundet |
| 1/15/1999 |
Update or Other Action |
ADEC transmitted to Jim Gill, under a cover letter, for pickup data of work completed by Oasis/Bristol Joint Venture. Enclosed data was analytical data for MW-13. |
Rich Sundet |
| 2/9/1999 |
Meeting or Teleconference Held |
Rich Sundet and Jeff Ginalias met with Jim Gill to discuss item #5 of the January 6, 1999 court order. Gill also noted that he would submit the groundwater report for the December 1998 sampling event to ADEC by the end of the week (February 12, 1998). Gill also stated that he would submit under a separate proposal for a long-term monitoring schedule. Sundet noted that upon a cursory review of the "final" laundromat report, that no duplicate samples were collected. |
Rich Sundet |
| 2/11/1999 |
Update or Other Action |
On February 11, 1999, ADEC received from ADOT&PF their contractor Shannon and Wilson's final report titled "Soil and Groundwater Assessment Kenai River Bridge, Number 671 Soldotna Urban Project" dated February 1999. |
Rich Sundet |
| 2/24/1999 |
Update or Other Action |
A memorandum to the file was written by Sundet and Ginalias documenting the February 9, 1999 meeting they had with Gill. |
Rich Sundet |
| 3/2/1999 |
Update or Other Action |
ADEC transmitted to Jim Gill, under a cover letter, for pickup the Shannon and Wilson final report titled "Soil and Groundwater Assessment Kenai River Bridge, Number 671 Soldotna Urban Project" dated February 1999. The work was performed for ADOT&PF. |
Rich Sundet |
| 3/8/1999 |
Update or Other Action |
Hart Crowser provided the following documents to DEC: "Long-Term Groundwater Monitoring Proposal" and "Draft Sediment Work Plan River Terrace RV Park" both dated March 8, 1999. |
Rich Sundet |
| 3/8/1999 |
Update or Other Action |
On March 8, 1999, a Status Conference was held before Judge Wolverton in the Superior Court at Anchorage to discuss cleanup and litigation issues. |
Rich Sundet |
| 3/26/1999 |
Update or Other Action |
ADEC provided comments to Hinkle in response to issues raised at the March 8, 1999 Status Conference including: Requests to extend the time-frame to submit quarterly monitoring reports and to change the March sampling event to April 15, 1999. |
Rich Sundet |
| 3/31/1999 |
Update or Other Action |
ADEC provided comments to Hinkle regarding Hart Crowser's March 8, 1999 dated "Long-Term Groundwater Monitoring Proposal." |
Rich Sundet |
| 4/2/1999 |
Update or Other Action |
ADEC provided comments to Hinkle regarding Hart Crowser's document titled "Draft Sediment Work Plan River Terrace RV Park Soldotna, Alaska" dated March 8, 1999. |
Rich Sundet |
| 4/9/1999 |
Update or Other Action |
ADEC issued a follow-up letter to Hinkle regarding its April 2, 1999 letter on Hart Crowser's document titled "Draft Sediment Work Plan River Terrace RV Park Soldotna, Alaska" dated March 8, 1999. |
Rich Sundet |
| 4/14/1999 |
Update or Other Action |
ADEC issued another follow-up letter to Hinkle regarding its April 2, 1999 letter on Hart Crowser's document titled "Draft Sediment Work Plan River Terrace RV Park Soldotna, Alaska" dated March 8, 1999. |
Rich Sundet |
| 4/19/1999 |
Update or Other Action |
ADEC notified Hinkle that because a revised Hart Crowser work plan was not submitted by April 14, 1999, as discussed in DEC's April 14th letter, it would have one of its term contractors perform the sediment/water quality investigation. |
Rich Sundet |
| 4/20/1999 |
Update or Other Action |
DEC's contract manager issued a RFP to its term contractor E&E to develop and implement a sediment and water quality investigation. |
Rich Sundet |
| 5/3/1999 |
Update or Other Action |
Lynn Kent approved a funding request for $16,047.00 (NTP 1820121117A) to E&E to perform a sediment and water quality investigation in the Kenai River adjacent to River Terrace.
NTP 1820121117A was issued by CSRP's contract manager later that day for the above project |
Rich Sundet |
| 5/4/1999 |
Update or Other Action |
ADEC provided Hinkle information regarding the department's inspection of RTRVP during Hart Crowser's quarterly groundwater sampling event that occurred on April 15, 1999. The letter also noted that DEC's replicate sample of MW-4A measured 2,400 ug/l PCE which was quite higher than the Hart Crowser sample of 1,100 ug/l and its duplicate of 1,300 ug/l. The letter also informed Hinkle that several monitoring wells were observed with unsecured caps, with locks cut. |
Rich Sundet |
| 5/6/1999 |
Update or Other Action |
ADEC issued a RFP to its term contractor Oasis/Bristol Joint Venture to develop and implement a RI/FS to address soil and groundwater contamination in association with RTRVP. |
Rich Sundet |
| 5/11/1999 |
Update or Other Action |
A site visit was attended by Judge Wolverton, Max Schwenne, Jim Clark, Chris Kennedy, Rich Sundet, Gary Hinkle, Virgil Norton, and Jim Gill. |
Rich Sundet |
| 5/13/1999 |
Update or Other Action |
ADEC provided to Jim Gill by mail and fax the schedule for the upcoming sediment/water quality investigation to be performed by Oasis/Bristol Joint Venture. |
Rich Sundet |
| 5/17/1999 |
Site Characterization Workplan Approved |
On May 17, 1999, CSRP mailed and faxed to E&E its conditional approval of E&E's work plan titled "Sediment and Water Quality Investigation Work Plan Amendment: River Terrace Recreational Vehicle (RV) Park: Soldotna, Alaska" dated May 7, 1999. |
Rich Sundet |
| 5/19/1999 |
Update or Other Action |
Sundet accompanied Ecology and Environment staff who collected data for the sediment and water quality investigation. Jon Wolf of Hart Crowser and Gary Hinkle were on-site. |
Rich Sundet |
| 5/22/1999 |
Update or Other Action |
E&E staff traveled to the site to recollect sediment samples because of a laboratory error in providing the wrong size sampling bottles for the May 19th sampling event. |
Rich Sundet |
| 5/24/1999 |
Update or Other Action |
Ron Klein on behalf of Lynn Kent approved a funding request for $149,786.00 for Oasis/Bristol Joint Venture to develop a RI/FS work plan; implement that work plan; prepare and submit an interim status report; prepare a draft and final RIFS report that addresses soil and groundwater contamination. |
Rich Sundet |
| 5/25/1999 |
Update or Other Action |
NTP 1820121208A was issued to Oasis/Bristol Joint Venture for $149,786.00 to perform the RI/FS. |
Rich Sundet |
| 6/11/1999 |
Update or Other Action |
ADEC received the E&E report titled "Sediment and Water Quality Investigation Interim Report" dated June 11, 1999. |
Rich Sundet |
| 6/11/1999 |
Update or Other Action |
ADEC received the Oasis/Bristol document "Workplan River Terrace RV Park RI/FS Soldotna, Alaska" dated June 1999. |
Rich Sundet |
| 6/17/1999 |
Update or Other Action |
ADEC provided Hinkle with a copy of the "Sediment and Water Quality Investigation Interim Report" dated June 11, 1999 by E&E. |
Rich Sundet |
| 6/18/1999 |
Update or Other Action |
ADEC provided comments to Oasis/Bristol on its document "Workplan River Terrace RV Park RI/FS Soldotna, Alaska" dated June 1999. |
Rich Sundet |
| 6/21/1999 |
Site Characterization Workplan Approved |
ADEC received and approved the Oasis/Bristol Joint Venture work plan "River Terrace RV Park RI/FS" dated June 21, 1999. |
Rich Sundet |
| 6/23/1999 |
Update or Other Action |
ADEC received copies of the E&E report "Final Report for Soil and Groundwater Investigation ADOT&PF Right-of-Way" dated June 1999. |
Rich Sundet |
| 6/24/1999 |
Update or Other Action |
ADEC notified Hinkle by certified letter of the opportunity to accept the investigative derived waste (IDW) to be generated in upcoming work performed by ADEC to save costs. |
Rich Sundet |
| 6/25/1999 |
Update or Other Action |
ADEC informed Hinkle that it provided the Oasis/Bristol Joint Venture work plan "River Terrace RV Park RI/FS" dated June 21, 1999 and the E&E report "Final Report for Soil and Groundwater Investigation ADOT&PF Right-of-Way" dated June 1999 to Jim Gill. |
Rich Sundet |
| 6/25/1999 |
Update or Other Action |
Lynn Kent approved a funding request to amend NTP 1820121117A to E&E for an additional $2,500.00 to provide CSRP additional documentation regarding the findings of the sediment and water quality investigation, above that which was in the original SOW. Total cost of the sediment and water quality investigation was now $18,547.00. Earlier on June 8, 1999, Ron Klein had verbally requested to E&E to provide that information to CSRP. |
Rich Sundet |
| 6/29/1999 |
Update or Other Action |
CSRP contract manager issued an amended NTP 1820121117A to E&E (i.e., ...B)for an additional $2,500.00 to provide CSRP additional documentation regarding the findings of the sediment and water quality investigation, above that which was in the original SOW. Total cost of the sediment and water quality investigation was now $18,547.00. |
Rich Sundet |
| 7/1/1999 |
Update or Other Action |
At the request of Hinkle, ADEC transmitted to Jim Gill by mail and fax completed chain-of-custody forms to the laboratory used by Oasis/Bristol during the investigation performed at River Terrace June 22-26, 1999. |
Rich Sundet |
| 7/2/1999 |
Update or Other Action |
ADEC informed Matt Carr of EPA about the need that Hinkle also needs ADEC approval prior to landspreading the stockpiled soil as well as EPA's approval. |
Jeff Ginalias |
| 7/7/1999 |
Update or Other Action |
CSRP issued Fact Sheet #6 on River Terrace to update stakeholders and interested individuals on the mailing list of the cleanup at the River Terrace contaminated site. |
Rich Sundet |
| 7/7/1999 |
Update or Other Action |
Ron Klein on behalf of Lynn Kent approved a funding request to amend NTP 1820121117B to E&E for an additional $2,788.00 to fund Task 4 of the sediment and water quality investigation, i.e., to provide the investigation's report to CSRP. When the original RFP for this project was developed, it was determined to use fy99 monies for the project except for Task 4. The amendment appropriated funds from collocation code 18528023, versus the original NTP and the first amended NTP which appropriated monies from cc 18526004 from 1999 monies.
NTP 1820121117B was amended by CSRP's contract manager later that day for the above project, i.e.,...C.
Total cost of the sediment and water quality investigation was now $21,335.00. |
Rich Sundet |
| 7/16/1999 |
Update or Other Action |
Lynn Kent approved a funding request for $18,602.00 to amend the existing RI/FS NTP 1820121208A for Oasis/Bristol Joint Venture to perform additional sampling and laboratory analysis for the River Terrace contaminated site. A separate NTP from the RI/FS NTP was requested to be issued for this project. Total RI/FS is $168,388.00. |
Rich Sundet |
| 7/19/1999 |
Update or Other Action |
NTP 1820121208A for the RI/FS was amended by $18,602.00 for Oasis/Bristol Joint Venture to perform additional sampling and laboratory analysis for the River Terrace contaminated site. Total RI/FS is $168,388.00. |
Rich Sundet |
| 8/3/1999 |
Update or Other Action |
Ron Klein on behalf of Lynn Kent approved a funding request for $33,564.92 to amend the existing RI/FS NTP 1820121208A for Oasis/Bristol Joint Venture to perform additional characterization around monitoring well 16. Total RI/FS is $201,952.92. |
Rich Sundet |
| 8/4/1999 |
Update or Other Action |
NTP 1820121208A for the RI/FS was amended by $33,564.92 for Oasis/Bristol Joint Venture to perform additional characterization around monitoring well 16. Total RI/FS is $201,952.92. |
Rich Sundet |
| 8/17/1999 |
Update or Other Action |
ADEC informed Hinkle that it will be further assessing the soil and probably groundwater in the adjacent ADOT&PF right-of-way because he (Hinkle) was unwilling to perform the investigation. The letter also noted that the work would probably begin in mid-September 1998. ADEC requested Hinkle to provide a written response by August 21, 1998 whether he would accept the IDW to be generated by ADEC to save costs. |
Rich Sundet |
| 8/18/1999 |
Update or Other Action |
Jennifer Roberts on behalf of Lynn Kent approved a funding request for $3,588.08 to amend the existing RI/FS NTP 1820121208A for Oasis/Bristol Joint Venture to sample five drinking water wells within 1/4 mile of River Terrace contaminated site. Total RI/FS is $205,541.00.
Amended NTP 1820121208A was issued later on August 18 to Oasis/Bristol Joint Venture. |
Rich Sundet |
| 8/19/1999 |
Update or Other Action |
ADEC provided Hinkle a copy of Oasis/Bristol interim status report dated July 30, 1999 and an Oasis report that cross references soil/groundwater data to assist Hinkle to determine whether he wanted to accept the IDW. |
Rich Sundet |
| 8/25/1999 |
Update or Other Action |
ADEC informed Hinkle that it would be further characterizing the area around MW-16 beginning on August 30, 1999, and whether Hinkle would accept the IDW that will be generated. |
Rich Sundet |
| 8/25/1999 |
Site Characterization Workplan Approved |
ADEC approved the Oasis/Bristol "River Terrace RI/FS Workplan Addendum" dated August 20, 1999, and faxed the approval and addendum to Gill. |
Rich Sundet |
| 9/13/1999 |
Meeting or Teleconference Held |
CSRP (Rich Sundet) hosted with its term contractor Oasis/Bristol Joint Venture (Max Schwenne, Jim Munter, Tim McDougall and Jom Vogel) an agency meeting to discuss the ongoing RI/FS work and potential remedial alternatives to abate remaining contamination. ADOT&PF (Dan Breeden, Laurie Mulcahy, and Rob Campbell) and EPA (Matt Carr and Diane Richardson) attended. Kent Patrick-Riley of DEC's Water Quality Program also attended. Dave Bartus of EPA RCRA program was on teleconference. |
Rich Sundet |
| 9/16/1999 |
Update or Other Action |
ADEC issued a RFP to Oasis/Bristol to perform quarterly groundwater monitoring. |
Rich Sundet |
| 9/22/1999 |
Update or Other Action |
As promised in a conversation on September 21, 1999, ADEC transmitted to Jim Gill Oasis/Bristol's water table elevation map dated September 2, 1999. |
Rich Sundet |
| 9/24/1999 |
Update or Other Action |
As discussed on September 21 and 22, 1999, ADEC transmitted to Gill Oasis/Bristol's groundwater and IDW data, and cross reference table of the IDW from DEC's work in June, July, August and September 1999. |
Rich Sundet |
| 9/27/1999 |
Update or Other Action |
As discussed on September 24, 1999, ADEC transmitted to Gill Oasis/Bristol's report titled "River Terrace Interim Status Report" dated September 24, 1999. |
Rich Sundet |
| 10/1/1999 |
Update or Other Action |
ADEC requested Oasis/Bristol to submit a modified SOW and cost modification for further work as recommended in the Oasis/Bristol "River Terrace Interim Status Report" dated September 24, 1999. |
Rich Sundet |
| 10/4/1999 |
Update or Other Action |
In follow-up to DEC's October 1, 1999 letter to Oasis, ADEC requested that the modified SOW and cost modification also include providing technical support to DEC. |
Rich Sundet |
| 10/7/1999 |
Update or Other Action |
Ron Klein on behalf of Lynn Kent approved a funding request for $181,627.05 for Oasis/Bristol Joint Venture to perform quarterly groundwater monitoring from October 1999 to June 2000, and dispose of hazardous waste investigative derived waste generated during RI activities in June-September 1999 for the River Terrace contaminated site. A separate NTP from the RI/FS NTP was requested to be issued for this project.
NTP 181820121211A was issued later on October 7, 1999 for this project. |
Rich Sundet |
| 10/11/1999 |
Update or Other Action |
ADEC requested Oasis/Bristol submit a modified SOW and cost estimate for an ecological risk assessment as part of the RI/FS. |
Rich Sundet |
| 10/15/1999 |
Update or Other Action |
Ron Klein on behalf of Lynn Kent approved a funding request for $197,652.84 to amend the existing RI/FS NTP 1820121208A for Oasis/Bristol Joint Venture to: develop and implement a work plan to install additional monitoring wells; perform a soil/gas survey; dispose of RI related IDW; dispose of monitoring well IDW; prepare an interim status report; develop and implement a work plan to remediate the effluent in the DOT storm sewer adjacent to River Terrace on a short-term basis. Total RI/FS is $403,193.84.
Amended NTP 1820121208A was issued later (E) on October 15 to Oasis/Bristol Joint Venture. |
Rich Sundet |
| 10/22/1999 |
Site Characterization Report Approved |
ADEC received and approved its term contractor Oasis/Bristol plan titled "Work Plan Quarterly Groundwater Monitoring River Terrace RV Park" dated October 20, 1999. |
Rich Sundet |
| 10/27/1999 |
Update or Other Action |
As discussed on October 26 and 27, 1999, ADEC transmitted to Gill by fax and pickup Oasis/Bristol monitoring well information, including elevations, and the document "Work Plan Quarterly Groundwater Monitoring River Terrace RV Park" dated October 20, 1999. |
Rich Sundet |
| 10/29/1999 |
Update or Other Action |
As discussed on October 29 and previously, ADEC provided Gill a copy of the Oasis/Bristol work plan "RI/FS Workplan Addendum River Terrace RV Park, Soldotna, Alaska" dated October 29, 1999, and informed Gill that work would begin on November 1, 1999. |
Rich Sundet |
| 10/29/1999 |
Site Characterization Report Approved |
ADEC approved Oasis/Bristol's document "RI/FS Workplan Addendum River Terrace RV Park, Soldotna, Alaska" dated October 29, 1999. |
Rich Sundet |
| 10/29/1999 |
Update or Other Action |
ADEC informed Matt Carr of EPA about the need that Hinkle also needs ADEC approval prior to landspreading the stockpiled soil, and requested the Hart Crowser sampling report of the stockpiles. |
Rich Sundet |
| 11/1/1999 |
Update or Other Action |
ADEC informed Hinkle by certified mail of the need to obtain ADEC approval as well as EPA's prior to landspreading the stockpiled soil. |
Rich Sundet |
| 11/2/1999 |
Update or Other Action |
ADEC followed up a conversation with City of Soldotna staff on October 20 and thanked the city for granting access to permission to install proposed monitoring wells in the Riverside Drive right-of-way. |
Rich Sundet |
| 11/5/1999 |
Update or Other Action |
In a letter faxed and mailed, ADEC thanked Hinkle of his recent decision to cooperate and shut off the water in the laundromat building to assist in the RI, and informed Hinkle of the request to shut off the water. |
Rich Sundet |
| 11/8/1999 |
Update or Other Action |
On 11/8/1999, Deputy Commissioner Kurt Fredriksson responded to Sen. John Torgerson's 10/27/1999 letter in which the Senator noted he had attended a recent meeting in Soldotna and requested information on the status of the River Terrace cleanup project. |
Rich Sundet |
| 11/15/1999 |
Site Ranked Using the AHRM |
Site reranked. Changed Quantify to 4 from 3, Groundwater Exposure Index Value to 1.0 from 0.4, and Surface Water Exposure Index Value to 3.0 from 2.0. Score = 318.7. |
Rich Sundet |
| 11/22/1999 |
Update or Other Action |
On 11/22/1999, Oasis on behalf of DEC issued a letter to Dave Bartus of EPA that requested a Contained-in decision for the IDW generated at the site and for on site disposal by the property owner. |
Rich Sundet |
| 11/29/1999 |
Update or Other Action |
On 11/29/1999, (recorded on 12/6/1999) Commissioner Brown signed an update of the lien against Parcel 1 and Parcel 2 of the RTRVP site for $1,304,589.03 for costs incurred by DEC through 6/30/1999. The lien was originally signed and then recorded on 9/19/1997 for $106,773.41 (recorded at Book 514, Page 886, Kenai Recording District and had been updated several times since then). |
Rich Sundet |
| 11/30/1999 |
Update or Other Action |
CSRP issued Fact Sheet #7 on River Terrace to update stakeholders and interested individuals on the mailing list of the cleanup at the River Terrace contaminated site. |
Rich Sundet |
| 12/7/1999 |
Meeting or Teleconference Held |
At the invitation of the City of Soldotna, Kurt Fredriksson, Larry Dietrick, Rich Sundet, Jim Clark and Max Schwenne of CSRP's term contractor Oasis/Bristol Joint Venture met with city officials and Senator Torgerson on December 7. The focus of the meeting was the status of the River Terrace contaminated site investigation and future actions. Also attending were Dan Breeden, John Horn and Rob Campbell of Alaska Department of Transportation and Public Facilities (DOT&PF) and Matt Carr of the Environmental Protection Agency (EPA) to discuss their agency's input into this investigation or how the cleanup may affect future actions by their agency, such as the Sterling Highway upgrade. |
Rich Sundet |
| 12/7/1999 |
Meeting or Teleconference Held |
CSRP hosted an open house at the Kenai Peninsula Borough Building from 7:30 - 9:30 PM to present findings from the River Terrace investigation. Rich Sundet of CSRP hosted the meeting. Attending for ADEC also were Kurt Fredriksson and Larry Dietrick, and Max Schwenne of CSRP's term contractor Oasis/Bristol Joint Venture. Also attending were Dan Breeden, John Horn and Rob Campbell of Alaska Department of Transportation and Public Facilities (DOT&PF) and Matt Carr of the Environmental Protection Agency (EPA) to discuss their agency's input into this investigation or how the cleanup may affect future actions by their agency, such as the Sterling Highway upgrade. |
Rich Sundet |
| 12/8/1999 |
Update or Other Action |
ADEC transmitted to Jim Gill an Oasis/Bristol Joint Venture summary table of preliminary data from the late October 1999 quarterly groundwater monitoring event and top of casing elevations. ADEC also informed Gill that the next quarterly sampling event would occur on December 13, 1999. |
Rich Sundet |
| 12/10/1999 |
Update or Other Action |
In response to a letter of recommendation for reduced quarterly groundwater monitoring sampling dated December 9, 1999, on December 10, 1999, CSRP issued a response to Oasis/Bristol Joint Venture. CSRP agreed with Oasis/Bristol Joint Venture's recommendation to not sample monitoring wells (MW) SB-1, MW-1A and MW-2 unless DEC's determines otherwise at a later date. ADEC also agreed to yearly sample MW-15, MW-17 and MW-18 instead of quarterly. |
Rich Sundet |
| 12/22/1999 |
Update or Other Action |
On 12/22/1999, DEC faxed to Susanne Salcido of EPA a biennial report in response to a Request of a 1999 biennial Hazardous Waste Report for the RTRVP site. DEC noted that in 1999, it had manifested off site 7,520 lbs. of F002 wastewater generated during installation/monitoring of monitoring wells and 11,000 lbs. of F002 soil generated during assessment work at RTRVP. Later at Salcido's request, on 2/29/00 DEC submitted an updated completed Notification form of hazardous waste activity to EPA. |
Rich Sundet |
| 12/23/1999 |
Meeting or Teleconference Held |
On 12/23/99, Sundet; McDougall and Schwenne of Oasis; Munter, Vogel and Allen of Bristol met at DOT with Rob Cambell and Dan Breedan of DOT to discuss Oasis/Bristol's stormwater treatment system proposal to treat contaminated groundwater in the stormwater system prior to discharge. |
Rich Sundet |
| 1/4/2000 |
Update or Other Action |
CSRP issued Hinkle a letter inviting his technical consultant to participate in the RI/FS process and informed him of the RI/FS process. |
Rich Sundet |
| 1/5/2000 |
Site Ranked Using the AHRM |
Reranked the site. Changed the Surface Water Exposure Index Value from 0.4 to 0. |
Former Staff |
| 1/11/2000 |
Update or Other Action |
Jim Frechione on behalf of Lynn Kent approved a funding request for $9,566.34 to amend the existing RI/FS NTP 1820121208A for Oasis/Bristol Joint Venture to install an additional monitoring well, MW-34, in the DOT right-of-way. Total RI/FS is $412,760.18. |
Rich Sundet |
| 1/12/2000 |
Site Characterization Workplan Approved |
On January 12, 2000, ADEC received its term contractor Oasis/Bristol work plan "RI/FS Workplan Addendum River Terrace" dated January 11, 2000. The plan was for the installation of one monitoring well between MWs 28 and 31 in the Sterling Highway right-of-way. On January 12, 2000, Sundet verbally approved the work plan.
Later on January 12, Sundet informed Jim Gill of Hart Crowser of the plan to install the one monitoring well. |
Rich Sundet |
| 1/12/2000 |
Update or Other Action |
NTP 1820121208A for the RI/FS was amended by 9,566.34 for Oasis/Bristol Joint Venture to install an additional monitoring well, MW-34, in the DOT right-of-way. Total RI/FS is $412,760.18. |
Rich Sundet |
| 1/13/2000 |
Update or Other Action |
ADEC issued a letter to Gill for pickup which reiterated conversations between Sundet and Gill regarding the following: scheduled to install another monitoring well in the Sterling Highway right-of-way on January 13, 2000; request permission from Hinkle to store and possibly accept some of the investigative derived waste generated from the installation of the one well; and Gill's participation in the RI/FS process and meeting tentatively scheduled for next week. In addition, the letter transmitted the Oasis/Bristol "River Terrace Interim Status Report" dated January 10, 2000 and the work plan for the installation of the one well titled "RI/FS Workplan Addendum River Terrace" dated January 11, 2000, and Manifest 99310 which was incorrectly sent to Sundet and should have been sent to Hinkle. The two Oasis/Bristol documents were also enclosed to various individuals cced on the letter to Gill. |
Rich Sundet |
| 1/13/2000 |
Update or Other Action |
ADEC issued a letter to Hinkle which informed him of the Oasis/Bristol plan for the interim treatment of the stormwater sewer system effluent and requested his cooperation in assisting with the implementation of the plan by providing the electricity to operate the system and/or the pump. The letter also transmitted the Oasis/Bristol work plan. |
Rich Sundet |
| 1/14/2000 |
Update or Other Action |
ADEC issued a follow-up letter to Oasis which documented that on January 12, 2000 it had approved the Oasis/Bristol work plan "RI/FS Workplan Addendum River Terrace" dated January 11, 2000 for the installation of one monitoring well. |
Rich Sundet |
| 1/21/2000 |
Update or Other Action |
In response to a Hart Crowser January 19, 2000 request for data on the RI work, CSRP provided Jim Gill the requested information on January 21, 2000. ADEC also requested that the meeting to discuss the RI/FS alternatives occur the following week and preferably early in the week so that the RI/FS schedule could keep on track. |
Rich Sundet |
| 1/25/2000 |
Meeting or Teleconference Held |
In follow-up to CSRP's January 4 and 13 letters to Hinkle and Gill, respectively, on January 25 Sundet met with Gill at Oasis Environmental Services. Attending were Sundet; Gill, Steve Rog a contract employee for Hart Crowser, Tony Kennard at the request of Gill; and Max Schwenne, Jane Paris and Tim McDougall of Oasis. Discussion focused on 1) the schedule of the RI/FS report and the public participation as well as a copy being available to Gill 2) the Remedial Action Objectives and specifically the point(s) of compliance to meet water quality regulations 3) various remedial recommendations and 4) possible migration pathways for the groundwater contamination found in MW-25. Also discussed by Kennard was his and Norton's sampling of the lift station. |
Rich Sundet |
| 1/27/2000 |
Meeting or Teleconference Held |
Lynn Kent, Ron Klein and Rich Sundet of CSRP met with Marcia Combs (EPA AOO Director) and Matt Carr to discuss various cleanup issues in association with the River Terrace contaminated site. |
Rich Sundet |
| 1/28/2000 |
Meeting or Teleconference Held |
Sundet discussed with Rick Albright of EPA on January 28, 2000 that ADEC would be formally submitting today a 30 day extension request to accumulate hazardous waste temporarily stored on the River Terrace property that was generated during DEC's RI work in November 1999. |
Rich Sundet |
| 1/28/2000 |
Update or Other Action |
CSRP faxed and mailed a request to Rick Albright of EPA a 30 day extension request to accumulate hazardous waste temporarily stored on the River Terrace property that was generated during DEC's RI work in November 1999.
On February 1, Dave Bartus of EPA left a message on Sundet's voice mail noting that he was conveying that the 30 day extension request had been granted and EPA would be sending a letter to that effect. On February 2, 2000, CSRP received a facsimile of the EPA letter dated February 2, which was signed by Rick Albright (Director of OW&CM), that granted the extension. |
Rich Sundet |
| 2/2/2000 |
Update or Other Action |
In response to DEC's January 28, 2000 request for a 30 day extension request to accumulate hazardous waste temporarily stored on the River Terrace property that was generated during DEC's RI work in November 1999, on February 2, 2000, EPA granted that 30 day extension. |
Rich Sundet |
| 2/10/2000 |
Meeting or Teleconference Held |
Sundet and Max Schwenne of Oasis/Bristol Joint Venture met with Dave Bartus and Matt Carr of EPA to discuss the "contained-in" request that Oasis on behalf of CSRP sent to Bartus on November 22, 1999. The request was for EPA to determine the threshold level of listed hazardous waste in the drums of soil investigative derived waste that was generated during November 1999 - January 2000 RI activities in association with the River Terrace project. The drums are currently stored on River Terrace property. Waste found to be not to contain listed hazardous waste would be offered to the River Terrace property owners for disposal back onto River Terrace property. If the property owners do not accept the IDW or IDW found to contain hazardous waste, the IDW would be shipped off site to be disposed of at a proper treatment and/or disposal facility. |
Rich Sundet |
| 2/10/2000 |
Update or Other Action |
In response to Gill's February 8, 2000 request to perform sampling in manhole 1 and manhole 2 and the cross connection, CSRP responded on February 10 that it would work to accommodate Gill's request. However, the February 10th letter specified certain conditions that needed to be met including the submittal of a workplan to be approved by CSRP prior to performing the work and obtaining permission from pertinent landowners/operators, and laboratory data before February 23, 2000. The CSRP letter also requested information from Gill of Kennard/Norton's sampling of the lift station and Hinkles' consent to use electricity and a blower on the River Terrace property. The CSRP letter also requested the replicate sampling data that Hart Crowser collected during the December 1999 groundwater sampling event that was required under a June 18, 1999 court order to be submitted to ADEC within 45 days of the sampling event. |
Rich Sundet |
| 2/16/2000 |
Meeting or Teleconference Held |
Sundet of CSRP, and Jane Paris and Tim McDougall of Oasis met with Dan Breeden and Rob Campbell of DOT to discuss the findings from the RI/FS report and presented excerpted data/figures from that report to DOT that may assist DOT on the Sterling Highway/Bridge project. |
Rich Sundet |
| 2/24/2000 |
Update or Other Action |
Because CSRP had not received a work plan from Hart Crowser as scheduled on February 22, 2000 to sample the two manholes in the storm sewer, CSRP notified Jim Gill of Hart Crowser on February 24, 2000 that it would not devote resources to review a work plan if one is submitted in the near future. The February 24 letter also noted that the department would provide Gill with a copy of a revised draft RI/FS report when it was completed in early March 2000 and if Gill believed that the report left some data gaps in the storm sewer effluent at that time, CSRP and Gill could discuss it then. |
Rich Sundet |
| 2/25/2000 |
Update or Other Action |
On February 25, Sundet discussed CSRP's February 24th letter with Gill. During that conversation, Gill noted that he was surprised that the Hinkles had not yet gotten back to ADEC regarding DEC's January 13, 1999 request for cooperation in the proposed interim treatment system to treat the effluent of the stormwater sewer system. Gill stated that he would contact the Hinkles regarding the outstanding request for cooperation of installation of the interim stormwater sewer treatment system.
Later on February 25, James Hanlon, legal counsel for the Hinkles, sent DEC's contracted legal counsel James Clark a letter stating that the Hinkles would cooperate and provide power and the blower, and manpower to monitor the blower for the interim stormwater treatment system. |
Rich Sundet |
| 2/28/2000 |
Update or Other Action |
On February 28, Robertson, Monagle and Eastaugh, legal counsel for DEC, responded to Hanlon's letter of February 25, 2000. The February 28th letter noted that Sundet would provide specifications on the requirements for the blower needed and the time frame for implementation as Hanlon had requested in his letter of February 25. |
Rich Sundet |
| 3/1/2000 |
Update or Other Action |
In response to Hanlon's February 25, 2000 letter to Chris Kennedy of the Attorney General's Office regarding "innocent landowner" concerning the Hinkles, on March 1, the A.G.'s Office issued a response. The March 1 letter reiterates previous discussion from the A.G.'s. Office and the department's outside legal counsel Robertson, Monagle and Eastaugh and in status conferences, that the department does not believe that the Hinkles are innocent landowners and that the Hinkles can seek others for contribution but the State has not found evidence that the previous property owners the Bilodeaus have contributed to the contamination. In addition, the March 1 letter notified Hanlon that the Hinkles cannot substitute the Bilodeaus for themselves in the State's action, i.e., apparently using contribution as a means of evading liability to the State by forcing it to sue a third party. |
Rich Sundet |
| 3/2/2000 |
Update or Other Action |
In response to CSRP's 11/22/1999 request for a "contained-in" decision, EPA issued a "contained-in" decision on March 2, 2000. The request was whether the IDW generated during November and December 1999 and January 2000 Remedial Investigation activities by CSRP, contained listed hazardous waste. The March 2 decision applied to the IDW and the soil in the two stockpiles, which was generated during the removal activities subject to the EPA Administrative Order on Consent, in fall 1997 and spring 1998. The March 2 decision listed conditions and that all soils subject to the decision may be managed on-site as non-hazardous waste subject to the conditions of the determination pending final remedy selection. |
Rich Sundet |
| 3/2/2000 |
Update or Other Action |
On March 2, 2000, CSRP provided its term contractor Oasis/Bristol written comments regarding the draft agency "River Terrace RV Park Remedial Investigation Feasibility Study (RI/FS) Report." Earlier in the week, CSRP had provided Oasis with marked up copies of the internal review report. |
Rich Sundet |
| 3/6/2000 |
Update or Other Action |
In response to Hanlon's 2/25/2000 letter for blower requirements and time-frame to implement the interim system to treat the effluent in the storm water sewer system, CSRP provided Jim Gill a response on March 6. CSRP provided Gill with the specifications and that it expected that the interim system would not be installed until early April 2000 because it needed a response back from Gill regarding the blower, finalize the work plan and obtain necessary approvals/permits. |
Rich Sundet |
| 3/14/2000 |
Update or Other Action |
On March 14, SPAR's Director responded to Virgil Norton's February 27, 2000 dated letter regarding three primary issues of the River Terrace contaminated site: 1) Hart Crowser's proposal to conduct sampling in some Sterling Highway manholes adjacent to the River Terrace site 2) the alternative cleanup levels (ACLs) for the River Terrace site and how they relate to the remedial action objectives (RAOs) for the site; and 3) the risks associated with the former Department of Transportation (DOT) maintenance facility in Soldotna. |
Rich Sundet |
| 3/15/2000 |
Update or Other Action |
On March 15, CSRP provided a copy of the draft Remedial Investigation/Feasibility Study (RI/FS) report to the Hinkles' contractor Mr. Jim Gill of Hart Crowser. CSRP also issued a letter to the Hinkles, which acted as a cover letter, regarding the transmittal of the draft report that described: the scope of the report; water quality standards for the Kenai River; addressing comments about using the ACLs to measure compliance in response to comments made to SPAR's Director in his conversations with Norton and Gill, and Messrs. Norton's February 27 and Gill's March 2, 2000 letters to the SPAR Director; and process of the RI/FS, which included a time-frame for Hinkle to comment on the draft RI/FS report and a time-frame to comment along with the general public on the Proposed Plan. |
Rich Sundet |
| 3/15/2000 |
Update or Other Action |
On March 15, CSRP informed staff of the City of Soldotna (Mayor Ken Lancaster), Kenai Borough (Robert Bright, Planning Manager), Environmental Protection Agency (Matt Carr), DOT (Dan Breeden), and Fish and Game (Gary Lieptiz) that CSRP would be providing them a copy of the draft RI/FS document, requested their comments on the draft prior to it being finalized, and would be hosting a meeting sometime in early April 2000 to discuss the findings of the RI/FS. On March 17 and 20, CSRP provided copies of the draft RI/FS to the various agencies along with a cover letter explaining the investigation and the general time-frame for the process of the RI/FS. A copy of the draft report was also provided to David Pease (legal counsel for the Bilodeaus the former owners of River Terrace) on March 15 for comment, and a copy each was provided to Kent Patrick-Riley in DEC's Water Quality Program and Tiffany Parson of USF&WS for review on March 20. |
Rich Sundet |
| 3/17/2000 |
Update or Other Action |
On March 17, a status conference was held before Judge Wolverton in Superior Court. No decision or order was issued at that time. |
Rich Sundet |
| 3/21/2000 |
Meeting or Teleconference Held |
On March 21, Rich Sundet along with staff from Oasis (Max Schwenne, Jane Paris, and Tim McDougall) met with Rob Campbell, Dan Breeden and Laurie Mulcahy of DOT. The purpose of the meeting was for ADEC and Oasis staff to go over the draft RI/FS report which was previously provided to DOT on 3/17/00 to assist DOT in understanding the report and assist them in their upgrade project of the Sterling Highway next to RTRVP. The meeting also discussed what further assessment work DOT needs to continue the upgrade work on schedule. DOT was also invited to attend a power point presentation to be held by ADEC regarding the draft RI/FS and provide comments on the draft to ADEC by April 14, 2000. |
Rich Sundet |
| 3/24/2000 |
Update or Other Action |
ADEC issued a letter on 3/24 in response to Jim Gill's 3/20 letter that requested the deadline by which ADEC will accept his comments on the draft RI/FS report and the schedule for other milestones in the RI/FS process. The 3/24 letter stated that Gill and Hinkle had until April 14, 2000 to submit comments on the draft report along with other agencies. The March 24 letter also outlined the RI/FS process but did not specify exact deadlines because ADEC had yet to receive comments back on the draft report so would be unable to know exactly when the public comment period would begin. |
Rich Sundet |
| 3/31/2000 |
Update or Other Action |
In a March 31 dated letter, Virgil Norton sent Sundet and Dietrick of DEC, Chris Kennedy of the Attorney General's Office, and Rob Campbell of DOT inviting them to a public meeting in Soldotna on April 3. On March 31, SPAR's Director responded to Norton's letter informing him that it would not be sending a representative to the meeting. ADEC informed Norton that it has been communicating with Jim Gill for the past several months to discuss various issues, that ADEC understands Norton's technical concerns and will be addressing them in the final RI/FS. |
Rich Sundet |
| 4/4/2000 |
Meeting or Teleconference Held |
Rich Sundet of CSRP hosted a meeting along with CSRP's term contractor Oasis/Bristol Environmental Services in Anchorage before state and federal agencies on April 4 to discuss the draft Remedial Investigation/Feasibility Study (RI/FS) report and its findings. CSRP requested that the agencies provide written comments to CSRP by April 14, 2000 on the draft RI/FS so that the department could evaluate them and address them in the final RI/FS. The following staff were present at the meeting: Kent Patrick-Riley of DEC's Water Quality Program, Marcia Comb and Matt Carr from the Environmental Protection Agency Anchorage office, Dan Breeden from Department of Transportation and Public Facilities, and Tiffany Parson from U.S. Fish and Wildlife Agency. |
Rich Sundet |
| 4/5/2000 |
Meeting or Teleconference Held |
Rich Sundet of CSRP hosted a meeting along with CSRP's term contractor Oasis/Bristol Environmental Services in Soldotna before local, state and federal agencies on April 5 to discuss the draft Remedial Investigation/Feasibility Study (RI/FS) report and its findings. CSRP requested that the agencies provide written comments to CSRP by April 14, 2000 on the draft RI/FS so that the department could evaluate them and address them in the final RI/FS. The following staff were present at the meeting: Mayor Ken Lancaster and Steve Bonebrake from the City of Soldotna; Gary Lieptiz from Fish and Game stationed at the Kenai River Center; Rob Campbell of DOT&PF; and Bob Bright (Planning Director), Rachel Clark and John Mohorcich (stationed at the Kenai River Center) of the Kenai Borough. |
Rich Sundet |
| 4/10/2000 |
Update or Other Action |
CSRP's contract manager issued a RFP to its term contractor Oasis/Bristol Joint Venture to amend the RI/FS NTP. Further work was requested because the original NTP issued in May 1999 and previous amendments to it did not include necessary work to complete the RI/FS. Other work that was needed to complete the RI/FS included, but not limited to, a 2nd and 3rd draft of the RI/FS report, and modeling to assist EPA in making a "contained in" decision to allow the RTRVP properties owners to dispose of the contaminated IDW and soil in the two stockpiles back onto the RTRVP property. |
Rich Sundet |
| 4/12/2000 |
Meeting or Teleconference Held |
At the invitation of CSRP, Jim Gill of Hart Crowser accepted to attend a meeting with CSRP and its term contractor Oasis/Bristol Environmental on April 11 to discuss the draft RI/FS report that was transmitted to Gill on March 15, 2000. Also attending the meeting was Steve Rog a contract employee for Hart Crowser; Rich Sundet of CSRP; and Max Schwenne, Jane Paris and Tim McDougall of Oasis. The meeting occurred at Oasis' office between 1:30 to 4:00 PM during which time Gill and/or Rog raised several issues. During the meeting, Gill provided Oasis a copy of a three page response which he noted that Gary Hinkle had provided the most input and it would be also attached to the Hart Crowser comments that would be submitted to ADEC by April 14, 2000. |
Rich Sundet |
| 4/13/2000 |
Meeting or Teleconference Held |
A teleconference was held between Sundet, Munger, Seagren and Fritz to discuss observations made during the June 1992 inspection by Munger and Seagren at RTRVP, and inconsistencies observed in the "David vs. Goliath Story of River Terrace" document handed out during the Virgil Norton meeting on April 3, 2000. |
Rich Sundet |
| 4/14/2000 |
Update or Other Action |
Lynn Kent approved a funding request for an additional $177,184.25 to the RI/FS contract issued to Oasis/Bristol (NTP 1820121208) for overage to the existing contract. Work requested was to include two more drafts of the RI/FS, include in the FS portion intrinsic and biological remediation, groundwater modeling to evaluate attenuation between the sentry wells and the Kenai River, perform modeling to support a "contained in" decision request made to EPA that EPA requested was necessary, provide further support at meetings that were not included in the original RI/FS contract or its amendments, further work to treat the effluent in the storm water sewer system adjacent to RTRVP, and expand the FS based upon the ACLs established for RTRVP in 1997. |
Rich Sundet |
| 4/17/2000 |
Update or Other Action |
CSRP's term contractor issued amended NTP 1820121208G to Oasis/Bristol for $177,144.35 to the RI/FS contract for overage to the existing contract. Work requested was to include two more drafts of the RI/FS, include in the FS portion intrinsic and biological remediation, groundwater modeling to evaluate attenuation between the sentry wells and the Kenai River, perform modeling to support a "contained in" decision request made to EPA that EPA requested was necessary, provide further support at meetings that were not included in the original RI/FS contract or its amendments, further work to treat the effluent in the storm water sewer system adjacent to RTRVP, and expand the FS based upon the ACLs established for RTRVP in 1997. Previously on 4/114/00, Lynn Kent approved the funding request for this amendment for $177,184.25, however, Oasis re-evaluated the cost and it was slightly less so the amended NTP was for $177,144.35. |
Rich Sundet |
| 4/18/2000 |
Update or Other Action |
CSRP's contract manager issued a Request for Proposal (RFP) from its term contractor Oasis/Bristol JV to deliver a draft and final Proposed Plan for Remedial Work and draft Record of Decision (ROD) to CSRP for the River Terrace contaminated site pending direction by the department. |
Rich Sundet |
| 4/18/2000 |
Update or Other Action |
CSRP received the report titled "Final Quarterly Groundwater Monitoring Report-October, 1999 River Terrace RV Park Soldotna, Alaska" dated April 10, 2000 on April 14. On April 18, CSRP transmitted a copy of the report to Jim Gill of Hart Crowser, along to others copied on the transmittal letter. The report covered quarterly sampling of monitoring wells at the River Terrace contaminated site in October and November 1999. |
Rich Sundet |
| 4/20/2000 |
Meeting or Teleconference Held |
Sundet and Max Schwenne of CSRP's term contractor Oasis Environmental Services gave a presentation before the Kenai Advisory Board in Soldotna regarding the findings and remedial alternatives presented in the draft RI/FS report. The presentation also provided the Board the schedule for completion of the RI/FS process and work to be performed in 2000. |
Rich Sundet |
| 4/26/2000 |
Meeting or Teleconference Held |
Klein and Sundet from CSRP and Schwenne and McDougall from its term contractor Oasis/Bristol Joint Venture met with Jim Gill of Hart Crowser on April 26 to discuss the draft Remedial Investigation/Feasibility Study (RI/FS) report. The focus of the meeting was on the conceptual design and costs of the in-situ biological treatment system (i.e., incorporating using joint hydrogen and oxygen releasing compounds) and the iron permeable wall barrier treatment system. |
Rich Sundet |
| 4/28/2000 |
Meeting or Teleconference Held |
Klein, Lynn Kent and Sundet from CSRP and Schwenne from its term contractor Oasis/Bristol Joint Venture met with Jim Gill of Hart Crowser and Steve Rog on April 28 to discuss the draft Remedial Investigation/Feasibility Study (RI/FS) report. The focus of the meeting was on the conceptual design and costs of the in-situ biological treatment system (i.e., incorporating using joint hydrogen and oxygen releasing compounds) and the iron permeable wall barrier treatment system. A follow-up meeting was scheduled for the following week. |
Rich Sundet |
| 5/1/2000 |
Update or Other Action |
CSRP's contract manager issued a Notice to Proceed, NTP 1820121218 for $54,361.14 to its term contractor Oasis/Bristol JV. The NTP requires Oasis/Bristol JV to deliver a draft and final Proposed Plan for Remedial Work and draft Record of Decision (ROD) to CSRP for the River Terrace contaminated site pending direction by the department. Earlier an RFP was issued and on April 24, CSRP received a proposal for the subject work by Oasis/Bristol JV for an estimated $54,361.14. On April 28, CSRP's Program Manager approved the proposal. |
Rich Sundet |
| 5/3/2000 |
Meeting or Teleconference Held |
CSRP hosted a meeting including Ron Klein along with Max Schwenne of Oasis, with Jim Gill of Hart Crowser and Steve Rog, and Dan Breeden and Rob Campbell of DOT. The meeting was focused on the recommended cleanup alternative to be proposed for River Terrace, and DOT's concerns as reflected in the upgrade project for the Sterling Highway. |
Rich Sundet |
| 5/3/2000 |
Update or Other Action |
On 5/3/00, Jim Gill provided to Ron Klein of DEC a HartCrowser memorandum dated 5/3/00 that discussed Oak Ridge National Laboratory Sediment Quality Benchmarks (SQBs), Ecotox Thresholds, and Sediment Quality Criteria (SQCs) as presented in Table 8-2 of the Draft RI/FS report. HCrowser noted that it believed the SQBs taken from Jones et. Al. 1997 are the most appropriate for use and the value should be normalized to the site specific TOC. |
Rich Sundet |
| 5/4/2000 |
Update or Other Action |
Oasis delivered three copies of the final "River Terrace RV Park Remedial Investigation/Feasibility Study (RI/FS) Report" dated May 2000 to CSRP. ADEC tasked Oasis with delivering copies of the document along with cover letters from ADEC dated 5/4 to the City of Soldotna, Gary Lieptiz of Fish and Game, Dan Breeden of DOT, and Robert Bright of the Kenai Borough. Oasis also was tasked to deliver copies to the Attorney General's Office, including one to the Biledeau's attorney David Pease.
Jim Gill of Hart Crowser picked up a copy of the report and its cover letter at about 4:40 PM on 5/4. CSRP would deliver copies of the final RI/FS to Matt Carr of EPA on 5/5 and later to Tiffany Parson of USF&WS. |
Rich Sundet |
| 5/8/2000 |
Update or Other Action |
On May 8, CSRP provided comments to Matt Carr and Dave Bartus of EPA via facsimile regarding Hart Crowser's report titled "Treatment Cell Closure Sampling River Terrace RV Park Soldotna, Alaska" dated August 18, 1999 that was received by CSRP on November 1, 1999. |
Rich Sundet |
| 5/10/2000 |
Update or Other Action |
On May 10, 2000, the Commissioner responded to the following 3 letters from: 1) the City of Soldotna's April 7, 2000 dated letter 2) Sammie Cole Vice President of Soldotna's Chamber of Commerce's 5/1/2000 letter and, 3) the City of Kenai's 4/10/2000 letter. The 3 letters requested information regarding the investigation/cleanup of the River Terrace contaminated site, and their concern to resolve the cleanup issues and so that the ADOT bridge project adjacent to the site can continue. The Commissioner's letter clarified several issues that were raised. |
Rich Sundet |
| 5/11/2000 |
Update or Other Action |
On May 11, CSRP approved a submittal received on May 10 that modified a proposal/workplan submitted by its term contractor Oasis/Bristol JV Services on December 15, 2000. This approval was in follow-up to a verbal approval granted on May 10 by CSRP. The work plan entailed installing an interim system to treat storm water sewer effluent near the outfall prior to discharge to the Kenai River. The storm water sewer is located in the Department of Transportation and Public Facilities (DOT&PF) right-of-way adjacent to the River Terrace property. The intent of the system is to treat the effluent to below state water quality standards for tetrachloroethylene (PCE). Sampling since 1997 has shown that levels in the outfall have consistently been above the WQS of 5 ug/l for PCE, up to a maximum of 23 ug/l PCE. The system was installed on May 11. |
Rich Sundet |
| 5/12/2000 |
Update or Other Action |
On May 12, a status conference occurred before Judge Wolverton in Superior Court. On that day, Judge Wolverton issued three orders: 1) "Bifurcation Order" that granted the State cost-recovery and injunctive-relief action, and the Hinkle' third-party claims for contribution or otherwise shall proceed separately; 2) "Order Granting the State's Motion for Partial Judgement on the Pleadings as to Liability of the Hinkle Defendants and Denying the Hinkles' Motion for Leave to Amend Answer" that adjudged the Hinkle defendants strictly liable for response and other costs incurred by the State under AS 46.03.822 and otherwise, based on the admissions in their pleadings that as current owners of the River Terrace contaminated site they are strictly liable to the State. The order also stated that the Hinkles are liable to the State for the costs deemed agreed under the Court's November 2, 1999 order and for such additional costs as are hereafter determined by the Court to be recoverable by the State under AS 46.03.822. The order also requires that within 10 days of the order, the State file a proposed order setting forth a proposed process for proceeding to determine which of the State's past, present and future costs, in addition to those deemed agreed under the Court's November 2, 1999 order, are and will be recoverable under AS 46.03.822; and, 3) "Order Denying the Hinkles' April 18, 2000 Motion to Dismiss the State's First Cause of Action" (strict liability and restitution for the State's response costs). |
Rich Sundet |
| 5/17/2000 |
Meeting or Teleconference Held |
On May 17, Rich Sundet met with staff from DOT - Dave Eberle, Dan Breeden, Rob Campbell and Susan Urig of the Attorney General's Office representing DOT. On teleconference was Larry Dietrick and Ron Klein of ADEC and Jim Cantor of the Attorney General's Office. The purpose of the meeting was to follow-up previous meetings regarding DOT's concerns of the contamination of the River Terrace site that may potentially impact the upgrade of the Sterling Highway, and the City of Soldotna's concerns, and the draft Proposed Plan to be issued by DEC. |
Rich Sundet |
| 5/19/2000 |
Update or Other Action |
On May 19, CSRP informed the Hinkles in a letter that the department had not received any comments from them or their consultant Hart Crowser within a court appointed deadline of seven business days upon receiving a copy of the final “River Terrace RV Park Remedial Investigation/ Feasibility Study (RI/FS) Report” dated May 2000. The RI/FS report was prepared by CSRP's term contractor Oasis/Bristol Joint Venture. On May 4, 2000, CSRP provided Mr. Jim Gill of Hart Crowser a copy of the final RI/FS report. As identified under the June 18, 1999 Superior Court Order, the Hinkles had the right to provide comments to the department on the final RI/FS report within seven (7) business days of receipt of the final report. Earlier, Hart Crowser provided comments to CSRP on a draft RI/FS report. |
Rich Sundet |
| 5/23/2000 |
Update or Other Action |
In a letter dated 5/23/00 and received on 5/24/00, HartCrowser replied to DEC's letter of 5/19/00 in which DEC indicated that it had not received HCrowser's comments on the final RI/FS report. The 5/23 letter noted that this letter would not contain any comprehensive comments but at three meetings HCrowser did provide comments including the 5/3/00 meeting in which DEC stated that the report was final. The 5/23 letter further noted that HCroswer used that a plan be adopted which would allow for a staged and economical approach to the groundwater remediation; that HCrowser believed that the plan noted in Appendix S of the RI/FS was more conservative than necessary using HRC and ORC; and agreed with DEC and Oasis/Bristol staff that a plan be developed to include HRC and ORC to treat groundwater. |
Rich Sundet |
| 5/24/2000 |
Update or Other Action |
On May 24, CSRP issued a letter to the Hinkles regarding two requests made by their consultant Jim Gill at the May 12, 2000 status conference. At the status conference, Gill requested Hart Crowser be allowed to perform air sampling in the former dry cleaner building because the RI/FS identified that vapor emanating from the contaminated groundwater and soils under and around the building may pose a potential risk. Also, Gill had requested that sampling be done at the storm water sewer outfall prior to the installation of the interim treatment system.
The May 24 letter informed Hinkle that ADEC had no objection to the Hinkles submitting a sampling plan addressing the potential vapors in the building to ADEC and the State Occupational Safety and Health office (OSHA) for joint review. ADEC also informed the Hinkles that, as Gill was aware, that the interim storm water treatment system was being installed on the day of the status conference, i.e., May 12. The letter also informed Hinkle that the department did not collect a sample from the outfall but planned to during future quarterly groundwater monitoring events to measure the efficiency of the system. The system would be dismantled after the effluent would consistently be below the water quality standards for PCE and its degradation products. |
Rich Sundet |
| 5/25/2000 |
Update or Other Action |
CSRP and its contractor held a teleconference with Jim Gill of Hart Crowser regarding a draft Proposed Plan with its cover letter that CSRP provided to him late on May 24, 2000. |
Rich Sundet |
| 5/26/2000 |
Update or Other Action |
On May 26, CSRP issued the Proposed Plan to cleanup contamination remaining at the River Terrace contaminated site. A cover letter and the Proposed Plan was mailed to everyone on the CSRP mailing list, including interested legislators and all those who represent the Kenai Peninsula. The cover letter and plan was also posted on the CSRP web page.
A public notice was also posted on May 26 on the CSRP web page and the State Online web page. The notice was also to be published in the Anchorage Daily News on Friday May 26 and Sunday May 28 but due to an error it was not published until later (i.e., on 6/5, 6 and 7/00). The notice was published in the Peninsula Clarion on Sunday May 28, Tuesday May 30 and Wednesday May 31, 2000. |
Rich Sundet |
| 5/31/2000 |
Update or Other Action |
Lynn Kent approved a funding request for $6,150.00 to amend the existing Quarterly Groundwater NTP 1820121211A for Oasis/Bristol Joint Venture to install two additional well points. One well point will replace MW-27 near the outfall of the storm water sewer because MW-27 was made with iron instead of stainless steel, which was unavailable at the time of installation. The iron is suspected as possibly resulting in inaccurate measurements because of chemical interaction with the tetrachloroethylene. The other well will be installed as a sentry well upriver of the furthest sentry well which is MW-5. This new well will better delineate the extent of the contamination upriver, which will enable the treatment system selected be better designed to treat all of the contamination. The time frame for installation is the week of June 5, 2000 because the Oasis/Bristol crew will be onsite performing the June quarterly GW sampling and coordination with this would decrease additional mobilization costs.
Previous total for the Groundwater monitoring NTP project: $181,627.05. With modification $6,150.00 the grand total to this NTP with mod. $187,777.05. |
Rich Sundet |
| 6/5/2000 |
Update or Other Action |
On June 5, and subsequently on June 6 and 7, the Public Notice that ADEC was soliciting comments on the Proposed Plan was published in the Anchorage Daily News. |
Rich Sundet |
| 6/5/2000 |
Update or Other Action |
On June 5, 2000, CSRP approved the Oasis/Bristol JV work plan addendum to the quarterly groundwater monitoring work plan. The addendum requires the installation of two well points to be installed. One well point (MW-35) will be installed upriver from MW-5 to better delineate the plume in advance of installing any groundwater treatment system that is approved. The other well point (MW-27A) would replace MW-27 at the outfall of the storm water sewer system. The replacement well would be constructed of a stainless steel screen which was not used on MW-27 because a stainless steel screen was unavailable at the time it was installed in fall 1999. |
Rich Sundet |
| 6/5/2000 |
Update or Other Action |
On June 5, Robertson, Monagle and Eastaugh provided James Hanlon representing the Hinkles a copy of the Acknowledgment of Satisfaction of Judgment on the ADEC employees' fees and costs judgment. The letter was in acknowledgement of the December 14, 1998 judgement which was entered by the Superior Court and acknowledges that payment in full of the total $24,777.18 had been made. |
Rich Sundet |
| 6/7/2000 |
Update or Other Action |
Lynn Kent approved a funding request for $10,352.00 in a new NTP to collect samples for the bench-scale testing as discussed in the River Terrace Proposed Plan for biological treatment. The monies would also fund the bench-scale testing using the protocol supplied by the HRC™ vendor, Regenesis Bioremediation Products. Soil and groundwater samples are to be collected within the two plumes; therefore, two bench scale tests will be performed. The bench scale testing will assist in evaluating the effectiveness of the biological treatment on the soils and groundwater native in the areas of the upper and lower plumes at River Terrace. As the Proposed Plan discusses, if the bench study is successful, a pilot study will be performed but at this time, the pilot study is not included in this request.
The soil boring for the lower contaminant plume will be advanced near MW-9, which is the approximate location of the proposed HRC-barrier wall. The 2-liter groundwater sample will be collected from MW-9. The soil boring for the upper contaminant plume will be advanced near MW-16, which is within the area of the other proposed HRC barrier wall (fence).
The two soil borings will be advanced by Hughes Drilling of Soldotna, with oversight by OASIS/Bristol field personnel. The soil and water samples will be collected and submitted by Oasis/Bristol to Regenesis Bioremediation Products in California via overnight mail for the bench-scale test. Results should be available in approximately 8 weeks. This will allow time to evaluate the findings and determine whether a biological treatment pilot study is needed.
The time frame for installation is around June 7 or 8, 2000 because the Oasis/Bristol crew will be onsite performing the June quarterly GW sampling. This coordination will decrease additional mobilization costs. |
Rich Sundet |
| 6/8/2000 |
Update or Other Action |
CSRP contract officer issued Notice to Proceed 1820121219A to Oasis/Bristol JV to perform a bench-scale test using Hydrogen Releasing Compound (HRC) manufactured by Regensis Bioremediation Products. The contract specified that soil and groundwater samples needed to be collected at the site to perform the bench-scale test. |
Rich Sundet |
| 6/8/2000 |
Update or Other Action |
On 6/8/00, CSRP approved Oasis/Bristol JV workplan dated 6/7/00 titled "Bench-Scale Test Work Plan." The work plan specified that soil and groundwater samples would be collected at the River Terrace site during the week of June 5, 2000 and the samples be shipped to Regensis Bioremediation Products, which will perform the bench-scale test using HRC. |
Rich Sundet |
| 6/15/2000 |
Meeting or Teleconference Held |
CSRP hosted an availability session at the Kenai Borough Building from 4:00 PM to 5:30 PM on 6/15. Rich Sundet, Larry Dietrick, Mike Conway, Deric Marcorelle of ADEC along with Max Schwenne and Tim McDougall of CSRP's contractor Oasis were available for questions. During the session, four individuals attended the meeting: Mike Wicker, Jim Gill, Steve Rog and Steve Tvenstrun. Wicker submitted to CSRP and evidently also to Gary Hinkle a proposal to use his technology (i.e., Hobbs-Miller-Matt (HMM), which was an enzyme allegedly capable to biodegredate PCE, at River Terrace. Tvenstrum represented Upper Cook Inlet Drift Association and asked questions regarding the contaminated site.
From 7:00 PM - 9:00 PM, ADEC hosted a public meeting at the Kenai Borough Chambers. Mike Conway was the facilitator and Larry Dietrick was the host with Rich Sundet, and Schwenne and McDougal available to answer questions. A total of about 80 individuals, including ADEC staff, attended. A total of 59 individuals signed the attendance list. ADEC gave an oversight of the contaminated site from 7:00 - 7:30 PM, followed by a question-answer session from 7:30 - 8:00 PM; followed by public testimony from 8:05 - about 8:40 PM in which 17 individuals gave testimony; followed by a continued question-answer period from about 8:40 - 9:45 PM
A Channel 2 television crew filmed the public meeting from 7:00 - to about 9:30 PM. |
Rich Sundet |
| 6/16/2000 |
Meeting or Teleconference Held |
Larry Dietrick and Rich Sundet along with Max Schwenne and Tim McDougall of Oasis attended a meeting at the City of Soldotna's request to discuss the comments from the 6/15 public meeting regarding River Terrace. Also attending for the State was Dan Breeden of DOT and Lance Trasky of Fish and Game. Participating from the local community were: Mayor Ken Lancaster, Steve Bonebrake and Tom Boedeker of the City of Soldotna; Pete Sprague Kenai Borough Assemblyman and Bob Bright, Planning Director, of the Kenai Borough; and about six others apparently representing themselves including Bill Wirin a local concerned citizen. The local participants recommended that cleanup be done sooner than later and not wait until spring 2001, ADEC perform air monitoring in the former dry cleaner building if the owner does not perform it, don't lower any standard for this project including changing water quality standards, and they noted that if ADEC does not recommend to cleanup the soils under the form dry cleaner building then it clearly states that it will treat the groundwater emanating from under the building prior to going off site to the Sterling Highway or the Kenai River. |
Rich Sundet |
| 6/23/2000 |
Meeting or Teleconference Held |
From about 9:00 to 9:45 AM on June 23, 2000, CSRP hosted a teleconference with Jim Gill of Hart Crowser (in Fairbanks), Jane Paris and Tim McDougall of Oasis to discuss the proposed pilot project to inject Hydrogen Releasing Compound (HRC) as presented in the Proposed Plan for the River Terrace contaminated site. Ron Klein and Rich Sundet of ADEC hosted the meeting. Discussion was on the locations for the pilot project in both the lower and upper plume, but primarily focused on the lower plume area. |
Rich Sundet |
| 6/28/2000 |
Meeting or Teleconference Held |
On 6/28/00, Sundet met with Jane Paris and Tim McDougall of Oasis, and Jim Gill of Hart Crowser and their contract employee Steve Rog to discuss the criteria for design, evaluation and implementation of Phase I to inject HRC at RTRVP in the lower and upper plumes. Gill reported that he had not yet reviewed the two proposals that were submitted within the comment period of methods to perform treatment other than HRC at RTRVP (i.e., HMM and a proposal by Alex Tula for ozone injection). Further information would be discussed on 6/30/00 regarding the proposed plan and implementation of Phase I as well as the other two proposals.
In addition, Jim Gill presented a summary of the June 2000 preliminary groundwater sampling results. Jane Paris received preliminary data that day from the laboratory that Oasis used and a brief discussion occurred on the comparison of the Oasis and Hart Crowser results. |
Rich Sundet |
| 6/30/2000 |
Meeting or Teleconference Held |
On 6/30/00, Klein and Sundet resumed discussing the purpose of the meeting held on 6/28 with Max Schwenne and Tim McDougall of Oasis, and Jim Gill of Hart Crowser and their contract employee Steve Rog. The focus of the meeting was to discuss the criteria for design, evaluation and implementation of Phase I to inject HRC at RTRVP in the lower and upper plumes. Gill and McDougall reported their evaluations of the two proposals (i.e., S&R Engineering (Mike Wicker) and Alta Geosciences (Alex Tula) that were submitted within the comment period of methods to perform treatment other than HRC at RTRVP). |
Rich Sundet |
| 7/6/2000 |
Update or Other Action |
Groundwater monitoring NTP (1820121211) $181,627.05 was amended (to 1820121211E) with a modification of $6,150.00. The grand total to this NTP is now $187,777.05. The modification will fund the existing Quarterly Groundwater NTP for Oasis/Bristol Joint Venture to install two additional well points. One well point will replace MW-27 near the outfall of the storm water sewer because MW-27 was made with iron instead of stainless steel, which was unavailable at the time of installation. The iron is suspected as possibly resulting in inaccurate measurements because of chemical interaction with the tetrachloroethylene. The other well will be installed as a sentry well upriver of the furthest sentry well which is MW-5. This new well will better delineate the extent of the contamination upriver, which will enable the treatment system selected be better designed to treat all of the contamination. The time frame for installation is the week of June 5, 2000 because the Oasis/Bristol crew will be onsite performing the June quarterly GW sampling and coordination with this would decrease additional mobilization costs. |
Rich Sundet |
| 7/7/2000 |
Update or Other Action |
Sundet wrote a memorandum to the RTRVP file regarding the Multimatic Dry Cleaner, and a conversation he and Max Schwenne of Oasis had with an expert in the dry cleaning industry (i.e., Earl Eckstrom, on the Multimatic dry cleaning machine. |
Rich Sundet |
| 7/10/2000 |
Meeting or Teleconference Held |
In a teleconference on 7/10/00, Klein discussed with Jim Gill his 7/7/00 dated "draft" letter to Klein. Klein inquired whether the letter was a "draft" as he had expected or otherwise. Gill confirmed that it was a draft. A teleconference was set to 7/11 to discuss the "draft" letter. |
Rich Sundet |
| 7/11/2000 |
Meeting or Teleconference Held |
In a teleconference on 7/11/00, Klein discussed with Jim Gill his 7/7/00 dated "draft" letter to Klein regarding the approaches discussed in their 6/30/00 meeting at DEC. |
Rich Sundet |
| 7/12/2000 |
Update or Other Action |
CSRP's contract manager issued a RFP to Oasis/Bristol JV to develop a project work plan, monitoring criteria and decision framework, and provide technical support for the remaining contaminated soil and groundwater at the RTRVP contaminated site.
CSRP faxed the RFP to Jim Gill of Hart Crowser. |
Rich Sundet |
| 7/14/2000 |
Update or Other Action |
On 7/14/00, CSRP issued letters to the heirs of the Dolores B. Kyper Estate (i.e., to Kathryn Cassel and to Jeanette K. Robinson) and the Bodner Estate (Nellie Chicosky Bodnar)(i.e. letters to Eugenia, Walter and Roman Chicosky; and to Joseph Chicosky) that they may hold a fee interest (i.e., Delores Kyper as a heir to the Estate of Jacob Howard Binkley, and the Chicoskys as heirs to the Estate of Demetrius Marcus Bodnar, respectively) underlying a part of the Sterling Highway adjacent to RTRVP. The letters also informed them of ADEC cleanup actions for RTRVP. The letter informed the heirs of the estates of the contamination that is underlying the Sterling Highway. The letter also informed them that ADEC was consulting them as required under 18 AAC 75.345 because ADEC was proposing to apply the 10x rule to groundwater cleanup standards. The letter also informed Green and Prosser that this application was allowable because the shallow contaminated aquifer was not or reasonably expected to be a potential used drinking water source. |
Rich Sundet |
| 7/17/2000 |
Update or Other Action |
On 7/17/00, CSRP faxed to Jim Gill, and to Jim in care of Tom Noyes, of Hart Crowser, the Oasis/Bristol draft proposal for the Phase I design of the treatment system proposed at RTRVP. |
Rich Sundet |
| 7/18/2000 |
Update or Other Action |
Lynn Kent approved a funding request for $48,835.25 to a new NTP (1820121221A) for Oasis/Bristol JV to develop the following: a Phase I work plan; monitoring work plan; evaluation criteria and decision framework; and cost estimates to complete work at the RTRVP site. |
Rich Sundet |
| 7/21/2000 |
Update or Other Action |
The Commissioner of ADEC recorded at the Kenai Recording District a lien on 7/21/00 against the Hinkles' real property regarding two parcels:
Parcel 1: That portion of Section 32, TWP 5 N, R10W, S.M, per the deed recorded at Book 80, page 478 of the Kenai Recording District, and as described further in meets and bounds terminology.
Parcel 2: All of the portion of U.S. Government. Lot 6, Sec. 32, TWP 5 N, R10W, S.M., lying East of the Easterly Right of Way line of the Sterling Highway, per the deed recorded at book 80, page 478 of the Kenai Recording District.
The lien noted that the lien was placed to secure payment of expenditures, plus interest on said expenditures, by the State for the costs of response, containment, removal, or remedial action resulting from an oil or hazardous substance spill, or from the substantial threat of such a release, at the RTRVP.
Notice was also given that a portion of the lien has been subordinated to certain interests in property subject to this lien. The nature and extent of subordination is fully set out, along with a full description of the interests to which the State's lien has been subordinated and the conditions upon which the subordination is contingent, in a document of subordination executed by the State on October 24, 1997 and recorded at Book 516, Page 927, Kenai Recording District. |
Rich Sundet |
| 7/28/2000 |
Update or Other Action |
Lynn Kent approved a funding request for $2,404.00 to a new NTP (1820121142A) for Ecology and Environment to complete the report for the water quality and sediment sampling event that occurred in May 1999. Previously, a NTP had been issued but another NTP was issued because some of the work to complete the report was going to be past the fiscal year, i.e., publishing copies of the report past 7/1/00. |
Rich Sundet |
| 8/2/2000 |
Update or Other Action |
On August 2, 2000, CSRP's Contract Manager issued a Request for Proposal (RFP) to two of DEC's cleanup contractors (Shannon and Wilson and IT Alaska) for the installation of a Phase I system to treat remaining contamination at River Terrace. The RFP included a work plan for Phase I dated August 1, 2000 developed by Oasis/Bristol JV and a deadline of August 11, 2000 to submit proposals to CSRP. |
Rich Sundet |
| 8/3/2000 |
Update or Other Action |
On August 3, 2000, Ecology and Environment provided CSRP seven copies of the final report of the May 1999 sediment and water quality investigation performed at River Terrace titled "Sediment and Water Quality Report May 1999 Sampling Event River Terrace RV Park Soldotna, Alaska June 2000." |
Rich Sundet |
| 8/10/2000 |
Update or Other Action |
On August 2, 2000, CSRP's Contract Manager issued a Request for Proposal (RFP) to two of DEC's cleanup contractors (Shannon and Wilson and IT Alaska) for the installation of a Phase I system to treat remaining contamination at River Terrace. The RFP included a work plan for Phase I dated August 1, 2000 developed by Oasis/Bristol JV and a deadline of August 11, 2000 to submit proposals to CSRP. On August 8 and 9, CSRP met with representatives of the two term contractors and on August 10 issued both contractors a letter clarifying issues raised in the pre-proposal meetings. |
Rich Sundet |
| 8/11/2000 |
Meeting or Teleconference Held |
Late on 8/11, Virgil Norton met with Larry Dietrick in Juneau to discuss RTRVP. Dietrick requested from Norton whether he (Norton) had any objection to increasing the size of the scope of Phase I of the HRC injection, i.e., increase from 18 injection points total in both the lower and upper contaminant plumes. Norton had no objection to the proposal to increase the size of the scope of the injections. |
Rich Sundet |
| 8/11/2000 |
Update or Other Action |
On August 11, the SPAR Director sent a response to Gary Hinkle's August 9, 2000 letter. Hinkle had requested clarification of his August 8 conversation with the Director regarding several issues concerning the River Terrace contaminated site. The issues were pertaining to: the two stockpiles of treated soil at the site and legal restrictions applicable to the distribution of those soils; the conveyance of the Record of Decision (ROD) to the Hinkles; and the status of Requests for Proposal (RFPs) to be issued regarding River Terrace for either assessment and/or cleanup work. |
Rich Sundet |
| 8/11/2000 |
Update or Other Action |
On August 2, 2000, CSRP's Contract Manager issued a Request for Proposal (RFP) to two of DEC's cleanup contractors (Shannon and Wilson and IT Alaska) for the installation of a Phase I system to treat remaining contamination at River Terrace. The RFP included a work plan for Phase I dated August 1, 2000 developed by Oasis/Bristol JV and a deadline of August 11, 2000 to submit proposals to CSRP. On August 8 and 9, CSRP met with representatives of the two term contractors and on August 10 issued both contractors a letter clarifying issues raised in the pre-proposal meetings. On August 11, IT Alaska notified CSRP that it declined submitting a proposal and S&W did submit a proposal. |
Rich Sundet |
| 8/15/2000 |
Update or Other Action |
On 8/14/00, Sundet left a voice mail for Jim Gill regarding whether Hart Crowser had provided their data from replicate sampling during the June 00 groundwater sampling event at RTRVP. On 8/15, Gill returned the call and noted that he had not yet provided the raw data but would. Later on 8/15, CSRP received the data from Hart Crowser. Earlier on 6/30/00, Steve Rog had provided a summary of the June data to ADEC but noted that it was invalidated. |
Rich Sundet |
| 8/15/2000 |
Meeting or Teleconference Held |
On 8/15, Jane Paris of Oasis and Sundet telephoned Jim Gill of Hart Crowser to discuss several issues with the RTRVP contaminated site. The following are the issues discussed:
1) Status of the draft ROD for RTRVP. Sundet informed Gill of the basic issues that the ROD addresses.
2) Phase I implementation. Sundet informed Gill of the status of the RFP and proposal that CSRP received from Shannon and Wilson for the implementation of Phase I to determine the effectiveness of the HRC proposed to be injected at RTRVP.
3) Two stockpiles of treated soils at RTRVP. Sundet requested clarification from Gill on whether Hinkle had contracted to have the Hobbs-Miller-Maat (HMM) remedial method be used to further treat the soil in the two stockpiles. Gill noted that Hinkle had not contracted HMM for this activity, but was considering it. Gill stated that Hinkle requested Hart Crowser to evaluate this option and the other options available. Gill indicated that the Hinkles have a number of concerns with the conditions stated in the EPA "contained in" letter, i.e., more internal than anything such as complying may interfere with Hinkle's long-term aspects for RTRVP.
4) Air monitoring of the former dry cleaning building. Gill noted that Hinkle requested him (Gill) to check the Oasis model and possibly rerun the model with changes using recent measured groundwater concentrations (if need be), and to perform air monitoring in the building. As of yet, Gill noted that he has been unable to perform this task due to performing other work. |
Rich Sundet |
| 8/16/2000 |
Update or Other Action |
On 8/16/00, CSRP issued letters to Doug and Stephanie Green, and to Nickolas Asimakopoulos who own property opposite the Sterling Highway from RTRVP informing them of ADEC cleanup actions for RTRVP and that they may have an interest because they may be part owner in the real property underlying the Sterling Highway. The letter informed the property owners of the contamination that is underlying the Sterling Highway in which they may be part owner. The letter also informed them that ADEC was consulting them as required under 18 AAC 75.345 because ADEC was proposing to apply the 10x rule to groundwater cleanup standards. The letter also informed the property owners that this application was allowable because the shallow contaminated aquifer was not or reasonably expected to be a potential used drinking water source. Earlier on 8/16, CSRP staff were able to discuss the issues with Nickolas Asimakopoulos and later on 8/17 with Stephanie Green. |
Rich Sundet |
| 8/18/2000 |
Meeting or Teleconference Held |
Dietrick met with Norton and Steve Rog in Anchorage to discuss RTRVP issues. |
Rich Sundet |
| 8/18/2000 |
Update or Other Action |
On 8/18/2000, the Attorney General's office provided a draft Consent Decree to Hinkles' counsel James Hanlon as well as to Peter Ginder the arbitrator and Jim Clark. |
Rich Sundet |
| 8/22/2000 |
Update or Other Action |
On 8/22/00, CSRP issued letters to Robert Green (father to Doug Green who was sent a similar letter on 8/16/00), and to Sophie Prosser that they may hold a fee interest underlying a part of the Sterling Highway adjacent to RTRVP. The letter also informed them of ADEC cleanup actions for RTRVP. The letter informed the former property owners and/or heirs of the property of the contamination that is underlying the Sterling Highway. The letter also informed them that ADEC was consulting them as required under 18 AAC 75.345 because ADEC was proposing to apply the 10x rule to groundwater cleanup standards. The letter also informed Green and Prosser that this application was allowable because the shallow contaminated aquifer was not or reasonably expected to be a potential used drinking water source.
Earlier on 8/18, CSRP staff were able to discuss the issues with Robert Green and later on 8/22 with Sophie Prosser. |
Rich Sundet |
| 8/24/2000 |
Meeting or Teleconference Held |
Dietrick met with Mayor Ken Lancaster of Soldotna to discuss RTRVP issues and the impact of the contamination to the nearby Sterling Highway. |
Rich Sundet |
| 8/25/2000 |
Update or Other Action |
On 8/25/00, Commissioner Brown responded to a 6/22/00 letter from Sen. Steven's to Rich Sundet raising concerns about the cleanup at RTRVP. In her 8/25 letter, the Commissioner informed Sen. Stevens that the cleanup has been slowed by legal action by the RTRVP property owners but recently the court has ruled in DEC's favor thus DEC is in a position to expedite the cleanup. The 6/22 letter had noted that the state and federal soil and water quality standards should not be reduced. |
Rich Sundet |
| 8/25/2000 |
Update or Other Action |
On August 25, 2000, CSRP's Contract Manager issued a revised Request for Proposal (RFP) to two of DEC's cleanup contractors (Shannon and Wilson and IT Alaska) for the installation of a Phase I system to treat remaining contamination at River Terrace. The revised RFP included an addendum (dated August 24, 2000) to the previous dated August 1, 2000 work plan for Phase I developed by Oasis/Bristol JV, a revised time line for completion of the project and a deadline of August 30, 2000 to submit proposals to CSRP.
Previously, on August 2, 2000, CSRP's Contract Manager issued a Request for Proposal (RFP) to two of DEC's cleanup contractors (Shannon and Wilson and IT Alaska) for the installation of a Phase I system to treat remaining contamination at River Terrace. The RFP included a work plan for Phase I dated August 1, 2000 developed by Oasis/Bristol JV and a deadline of August 11, 2000 to submit proposals to CSRP. |
Rich Sundet |
| 8/30/2000 |
Meeting or Teleconference Held |
Larry Dietrick met Virgil Norton, Gary Hinkle, Steve Rog and Jim Gill on 8/30 to discuss the draft ROD and the Oasis/Bristol JV addendum work plan for installation of the Phase I cleanup. |
Rich Sundet |
| 8/31/2000 |
Update or Other Action |
On August 25, 2000, CSRP's Contract Manager issued a revised Request for Proposal (RFP) to two of DEC's cleanup contractors (Shannon and Wilson (S&W) and IT Alaska) for the installation of a Phase I system to treat remaining contamination at River Terrace. The revised RFP included an addendum (dated August 24, 2000) to the previous dated August 1, 2000 work plan for Phase I developed by Oasis/Bristol JV, a revised time line for completion of the project and a deadline of August 30, 2000 to submit proposals to CSRP. Previously, on August 2, 2000, CSRP's Contract Manager issued a RFP to the same two ADEC cleanup contractors for the installation of the Phase I system. After that RFP was issued, on August 18, ADEC determined to expand the scope of the project, i.e., increased the number of hydrogen releasing compound (HRC) injection points. On August 30, S&W provided a proposal to CSRP and on that date, IT Alaska informed CSRP that it would not bid on the project.
On August 31, SPAR's Director discussed with the RTRVP property owner and his consultant Jim Gill of Hart Crowser issues regarding the addendum to the cleanup work plan for Phase I that was developed by Oasis/Bristol JV. ((In follow-up to that discussion, CSRP and Oasis/Bristol JV staff met with Jim Gill on September 1 to further discuss those issues. To address several of those issues, e.g., to avoid known utility lines on RTRVP, CSRP's contract manager issued Shannon and Wilson a letter modifying or clarifying several issues in the work plan addendum, e.g., slightly moving the lower plume remediation fence. Later on September 1, a Notice to Proceed was issued for $148,019.43 to S&W (i.e., that cost does not include two contingencies listed in the proposal) to perform the Phase I work)). |
Rich Sundet |
| 8/31/2000 |
Record of Decision |
On August 31, the Record of Decision (ROD) for the River Terrace RV Park (RTRVP) contaminated site was signed by CSRP's Program Manager. Copies of the ROD will be mailed to all of those on the mailing list for the RTRVP site. |
Rich Sundet |
| 9/1/2000 |
Update or Other Action |
On 9/1/2000, CSRP's Contract Manager issued a revised Request for Proposal (RFP) (from its 8/25/00 RFP) to two of DEC's cleanup contractors (Shannon and Wilson (S&W) and IT Alaska) for the installation of a Phase I system to treat remaining contamination at River Terrace. The revised RFP included an addendum (dated August 24, 2000) to the previous dated August 1, 2000 work plan for Phase I developed by Oasis/Bristol JV, a revised time line for completion of the project and a deadline of August 30, 2000 to submit proposals to CSRP. Previously, on August 2, 2000, CSRP's Contract Manager issued a RFP to the same two ADEC cleanup contractors for the installation of the Phase I system. After that RFP was issued, on August 18, ADEC determined to expand the scope of the project, i.e., increased the number of hydrogen releasing compound (HRC) injection points. On August 30, S&W provided a proposal to CSRP and on that date, IT Alaska informed CSRP that it would not bid on the project.
On August 31, SPAR's Director discussed with the RTRVP property owner and his consultant Jim Gill of Hart Crowser issues regarding the addendum to the cleanup work plan for Phase I that was developed by Oasis/Bristol JV.
In follow-up to the 8/31 discussion, CSRP and Oasis/Bristol JV staff met with Jim Gill on September 1 to further discuss those issues. To address several of those issues, e.g., to avoid known utility lines on RTRVP, on September 1, CSRP's contract manager issued Shannon and Wilson a letter modifying or clarifying several issues in the work plan addendum, e.g., slightly moving the lower plume remediation fence.
Later on September 1, a Notice to Proceed was issued for $148,019.43 to S&W (i.e., that cost does not include two contingencies listed in the proposal) to perform the Phase I work. |
Rich Sundet |
| 9/5/2000 |
Update or Other Action |
On 9/5/2000, CSRP provided copies to the ROD to all those on the RTRVP mailing lists, e.g., legislators, staff from interested agencies such as ADF&G or Kenai River Center. |
Rich Sundet |
| 9/6/2000 |
Meeting or Teleconference Held |
On September 6 and the early morning of the 7th, a settlement meeting was held. Attendees for the State were Chris Kennedy of the A.G.'s Office, Rich Sundet of ADEC and contract attorneys Jim Clark and Terry Thurbon; representing the property owners were the RTRVP owners Gary and Judith Hinkle, Jim Gill of Hart Crowser, legal counsel James Hanlon and Sam Cason, and Virgil Norton. Peter Ginder was the facilitator. |
Rich Sundet |
| 9/14/2000 |
Update or Other Action |
On 9/14/00, CSRP's contract manager issued a RFP for competitive bid for groundwater monitoring at RTRVP for one year (i.e., September 00 to August 31, 2001) to Oasis/Bristol JV, IT Alaska, and Ecology and Environment (E&E). The groundwater monitoring will cover both short term groundwater monitoring to determine the performance of the HRC in Phase I and 2) long term groundwater monitoring for compliance purposes at selected wells.
The RFP included the Oasis/Bristol JV work plan titled "Work Plan Groundwater Monitoring and Remediation Performance Monitoring River Terrace RV Park Soldotna, Alaska" dated 9/14/2000. The work plan addressed monitoring groundwater for short term (i.e., determine the performance of HRC in Phase I from September 00 up through August 01); and long term for compliance purposes (September 00 - length of the project for up to 10 years) and performance of treatment (i.e., sampling for natural attenuation parameters from 2001 for up to 10 years). |
Rich Sundet |
| 9/14/2000 |
Update or Other Action |
On 9/14/00, CSRP's contract manager issued a letter to S&W modifying the scope of the Phase I cleanup contract. The letter notified S&W that ADEC elected to not install MW-42 and MW-41 at this time. The letter provided revised Figures 2 and 3. |
Rich Sundet |
| 9/18/2000 |
Meeting or Teleconference Held |
On 9/18/00, CSRP discussed the 9/14/00 RFP for one year of groundwater monitoring at RTRVP with Oasis staff. Later that day, Sundet met with IT Alaska staff to discuss issues raised by Oasis as well as IT Alaska regarding the RFP. |
Rich Sundet |
| 9/20/2000 |
Update or Other Action |
On 9/20, CSRP issued letters to IT Alaska and Oasis/Bristol JV regarding issues raised during the pre-proposal meetings held on 9/18. |
Rich Sundet |
| 9/22/2000 |
Long Term Monitoring Established |
Lynn Kent approved a funding request for $152,872.83 to a new NTP (1820121223A) for Oasis/Bristol JV to perform one year groundwater monitoring at RTRVP. The monitoring will be for short term monitoring to determine the performance of the HRC in Phase I and quarterly groundwater monitoring for long-term compliance purposes. The RFP included the Oasis/Bristol JV work plan titled "Work Plan Groundwater Monitoring and Remediation Performance Monitoring River Terrace RV Park Soldotna, Alaska" dated September 14, 2000. While the contract approved was for only one year, the work plan provided the groundwater monitoring plan for the expected life of the project, i.e., for the next 10 years.
Later on 9/22, NTP 1820121223A was issued by CSRP to Oasis/Bristol JV to perform this work. |
Rich Sundet |
| 9/22/2000 |
Update or Other Action |
A Memorandum of Agreement (MOA) was signed by SPAR and the Alaska Department of Transportation and Public Facilities (DOT&PF) regarding ADOT&PF's third party status in the RTRVP spill and DEC's responsibility as the lead agency in the remediation effort. The MOA gives the framework for proceeding with the construction, utility and or maintenance activities within the DOT&PF right of way, while ADEC continues to manage remediation associated with the spill and actions against responsible parties to recover costs for said remediation. The MOA was signed on 9/22 by Dave Eberle of DOT and by Larry Dietrick, Director of SPAR. |
Rich Sundet |
| 9/26/2000 |
Update or Other Action |
A sampling plan was submitted by Hart Crowser to the Environmental Protection Agency (EPA) on September 26 to further treat the two stockpiles located on River Terrace RV Park (RTRVP) property. The plan specifies that further treatment will be performed using the Hobbs-Miller-Maat (HMM) remedial technology, which consists of bio-remediation using micro-organisms with oxygenation and surfactants. The submittal also specifies that Hart Crowser is working on a plan to spread the soils and the plan will be submitted to EPA. The submittal states that the HMM remediation will begin to be applied on September 25. The plan was forwarded by EPA to CSRP on 9/29.
The plan called for HMM to apply surfactant on the stockpiles on 9/25 (i.e., the day prior to the plan received by EPA) and biological treatment applied on 9/26.
On 9/26, Jane Paris of Oasis, on site to perform groundwater monitoring for DEC, observed individuals spraying material on the stockpiles. |
Rich Sundet |
| 9/29/2000 |
Meeting or Teleconference Held |
Sundet, Randy Hessong of S&W and Tim McDougall at Oasis, held a teleconference with Craig Sanderfur of Regnesis Corp. to discuss the 1) measuring of the effectiveness of HRC to be installed in the two plumes and, 2) the delivery system that should be used to install the HRC. |
Rich Sundet |
| 10/5/2000 |
Update or Other Action |
CSRP provided comments to Matt Carr of EPA regarding a Hart Crowser document received by EPA on September 26, 2000. The Hart Crowser document included a plan by Hobbs-Miller-Maat (HMM) for the application of surfactant and microbes to decrease the contaminant levels in the two stockpiles overseen by EPA as part of the AOC. CSRP comments were limited to those aspects that may impact DEC's long-term responsibilities to cleanup RTRVP, i.e., sampling of the soil that would be disposed of back on RTRVP property or off site.
(On 10/6, Carr responded to CSRP noting that he forwarded CSRP's comments to Hart Crowser and set up a meeting to discuss issues with Hart Crowser the week of October 9, 2000). |
Rich Sundet |
| 10/12/2000 |
Update or Other Action |
Lynn Kent approved a funding request for $10,498.44 as a modification to existing NTP 1820195006A (now B)) for Shannon and Wilson to complete work for installation of HRC performance monitoring wells. The addendum was to fund work not in the original RFP or work plan. The additional work would fund three tasks: 1) survey elevations of 3 performance wells that were installed in the upper plume; 2) install the lower plume fence by moving or exposing an electrical line that was not addressed in the RFP; and, install bentonite seals in the top of the each HRC boring to ensure that groundwater will not penetrate the boring. Total cost of NTP now is $158,517.87.
S&W provided a submittal including a cost estimate and explanation for the additional work dated 10/11/00 to ADEC on 10/12. |
Rich Sundet |
| 10/12/2000 |
Meeting or Teleconference Held |
Sundet met with Matt Carr and Diane Richardson of EPA at EPA to discuss DEC's 10/5/00 letter to Carr regarding the Hart Crowser submittal to further treat and sample the two stockpiles. Discussion focused on the process to address the stockpiles and the obligations of each agency to address the stockpiles. |
Rich Sundet |
| 10/13/2000 |
Update or Other Action |
CSRP's contract manager issued a modification to existing NTP 1820195006A (now B)) to Shannon and Wilson for an additional $10,498.44. The subject NTP was for installation of HRC performance monitoring wells. The addendum was to fund work not in the original RFP or work plan. The additional work would fund three tasks: 1) survey elevations of 3 performance wells that were installed in the upper plume; 2) install the lower plume fence by moving or exposing an electrical line that was not addressed in the RFP; and, install bentonite seals in the top of the each HRC boring to ensure that groundwater will not penetrate the boring. Total cost of NTP now is $158,517.87. |
Rich Sundet |
| 10/13/2000 |
Update or Other Action |
On 10/13, Sundet faxed to Jim Gill the six page Shannon and Wilson report titled "Phase I Treatment System Construction, River Terrace RV Park." The report included a summary of field screening and laboratory data from soil samples collected during installation of five monitoring wells (i.e., MWs 36, 37, 38, 39 and 40. Data showed that highest PCE level was 1.7 mg/kg which was well below the EPA "contained in" determination of 11.5 mg/kg PCE for disposal back onto RTRVP. |
Rich Sundet |
| 10/16/2000 |
Meeting or Teleconference Held |
As follow-up to the 10/12 meeting, a teleconference occurred between Sundet, Diane Richardson and Dave Bartus of EPA. Discussion focused on the process to address the stockpiles and the obligations of each agency to address the stockpiles, e.g., as reviewing sampling plans for a new "contained-in" request by Hinkle to EPA. |
Rich Sundet |
| 10/19/2000 |
Update or Other Action |
On 10/19, CSRP transmitted to Jim Gill of Hart Crowser VOC laboratory data collected from the HRC performance wells in late September 2000. |
Rich Sundet |
| 10/20/2000 |
Update or Other Action |
On 10/20, ADEC provided final reports from its term contractor’s Ecology and Environment and Oasis/Bristol JV to Jim Gill of Hart Crowser and a number of interested parties. The department is transmitted with the cover letter copies of the E&E report titled “Sediment and Water Quality Report May 1999 Sampling Event River Terrace RV Park” and the Oasis/Bristol JV report “Final Quarterly Groundwater Monitoring Report December 1999 River Terrace RV Park.” |
Rich Sundet |
| 11/7/2000 |
Update or Other Action |
On 11/7/00, ADEC issued a conditional approval letter to Jim Gill regarding Hart Crowser's revised work plan titled “Treatment Cell Sampling River Terrace RV Park Soldotna, Alaska” dated October 27, 2000. The conditional approval was based upon review of the revised work plan and a 11/7 conversation between Sundet and Gill regarding the work plan.
On October 5, the department provided comments to the Environmental Protection Agency (EPA) on the Hart Crowser submittal dated September 26, 2000 that included a work plan to sample the stockpiles remediated by Hobbs-Miller-Maat. A revised Hart Crowser work plan for sampling the stockpiles was provided to the department on October 19, 2000, which Mr. Douglas Bauer of the department subsequently discussed with Gill, and which led to the October 27th work plan.
On November 7, Sundet discussed with Gill that the department had several concerns regarding the October 27 work plan. One concern was that the department was still unable to understand the field screening/sampling activities Hart Crowser is proposing in the October 27th work plan. For example, the October 27th work plan states that 21 samples will be collected for Stockpile 1, however, 25 sampling locations are shown on Figure 1. Also, it is unclear where the headspace field screening samples will be collected. The other concern was that Hart Crowser was proposing to weigh each confirmation sample prior to adding methanol for preservation. To speed the approval process along, Sundet described to Gill several conditions how the department could approve the plan, which Gill indicated were acceptable. |
Rich Sundet |
| 11/9/2000 |
Update or Other Action |
On 11/9/00, the Superior Court of Alaska provided Robertson, Monagle and Eastaugh with a copy of the "Notice of Filing Release" of claims filed by Gary and Judith Hinkle against eight ADEC employees. The notice included signed releases by the Hinkles dated 11/1/00 and were furnished pursuant to Section 2.3 of the Consent Decree signed by the court on 9/21/00. |
Rich Sundet |
| 11/14/2000 |
Update or Other Action |
On 11/14, CSRP's contract manager issued a letter to S&W in response to S&W's 11/6/00 facsimile regarding the status of 1,000 pounds of HRC remaining after injection of HRC in October 2000 at RTRVP. From S&W's facsimile, it appeared that storage of the HRC would be more feasible than to ship the HRC back to the vendor because further injection of HRC will probably occur in spring 2001. The ADEC letter requested further clarification regarding the conditions of storage of the HRC through the winter. The letter also informed S&W that the current NTP to implement Phase I at RTRVP can be amended to end on 6/30/01 to compensate for storage of the HRC. |
Rich Sundet |
| 11/15/2000 |
Update or Other Action |
On 11/15, CSRP amended NTP 1820195006 to absorb the additional $100.00 for S&W's subcontractor Discovery Drilling to store the remaining 1,000 pounds of HRC over winter 2000-2001. The attached 11/14 letter from Harwood and the S&W 11/15 letter described the additional work. Because the work has been significantly been under budget, no extra funds are needed for the storage of the HRC. |
Rich Sundet |
| 11/16/2000 |
Update or Other Action |
On 11/16/00, to complete the HRC Bench Scale Study by Oasis/Bristol JV, Acting CSRP Program Manager Jim Hayden approved release of $5,000.00 from encumbrance 1812602 - NTP #1820121219.
The funding approval added a line item to this project for the same amount using CC #18528497.
CSRP had issued this NTP on 6/8/2000 using CC 18526001 (FY00). CSRP had put an end date of 9/15/00, knowing that the work would take longer than the remaining three weeks of the fiscal year. CSRP has an invoice for this project for $5000 that needs to come from fy01.
This is actually the way we planned on doing the project, due to the timing and circumstances involved. We’re just a little late in doing it, and … had we known what portion of the project would have not been completed in FY00, we would have held that amount out from the original encumbrance, but, … we didn’t.
Request permission to release $5,000.00 from encumbrance 1812602 - NTP #1820121219
Request funding approval to add a line item to this project for the same amount using CC #18528497 |
Jim Hayden |
| 11/20/2000 |
Update or Other Action |
On 11/20, Matt Carr of EPA notified the Hinkles that the Administrative Order on Consent between EPA and the Hinkles was essentially completed. The AOC required the Hinkles to excavate, stockpile, treat, sample and backfill treated soils on to the site. EPA notified that all work had been completed except the backfilling work and that must be done in coordination with ADEC and the execution of the final remedy, i.e., as noted in the ROD. In addition, EPA stated that the Hinkles also are obligated to submit a final report of the cleanup and to reimburse EPA oversight costs.
Lastly the letter noted that if the Hinkles elect to seek a new "contained in" decision from EPA, they must submit that request to EPA's RCRA program. |
Rich Sundet |
| 11/22/2000 |
Update or Other Action |
On 11/22/00, the A.G.'s office notified the Superior Court in the document "Notice of Noncompliance with Consent Decree" that the Hinkles failed to make their initial $300,000 payment on 11/20/00 as specified in the Consent Decree. The letter also included an exhibit that showed that in April 99, the defendants received insurance payments totaling $2,200,000.00 relating to River Terrace and that a substantial amount of that money remained in the defendant's possession invested in New York Life mutual funds. |
Rich Sundet |
| 11/28/2000 |
Update or Other Action |
On 11/28/00, the department notified Jim Gill that it had received final reports and other laboratory data, i.e., which has yet to submitted in a final report format, from its term contractor Oasis/Bristol JV. The letter also transmitted with the letter copies of the following Oasis/Bristol JV final reports:
Final Quarterly Groundwater Monitoring Report March 2000 River Terrace RV Park dated November 22, 2000;
Final Quarterly Groundwater Monitoring Report June 2000 River Terrace RV Park” dated November 22, 2000; and,
HRC Bench Scale Test at River Terrace RV Park dated November 2, 2000.
In addition, the department transmitted the following data:
A copy of final laboratory data, pending our consultant’s validation of the data, for the groundwater sampling event that occurred in September 2000. |
Rich Sundet |
| 1/4/2001 |
Update or Other Action |
On 1/4/01, CSRP transmitted final laboratory data, pending our consultant’s validation of the data, for the groundwater sampling event that occurred on November 28, 2000 at the River Terrace RV Park (RTRVP) contaminated site. The sampling event focused on sampling the eight monitoring wells as part of evaluating the performance of the remedial method using Hydrogen Releasing Compound (HRC) that was selected for this site.
The letter also reiterated a conversation held earlier between Sundet and Gill, which informed Gill that the next quarterly groundwater sampling event is scheduled to begin in early January. The letter clarified that the sampling event will begin on January 9, 2001.
Lastly, the letter informed Gill that Oasis/Bristol JV recently informed the department that due to an error with the meter, that the oxygen-reduction potential (ORP) data that was previously measured at RTRVP and reported in previous events was in error. |
Rich Sundet |
| 1/25/2001 |
Update or Other Action |
On 1/25/01, CSRP's contract manager issued a RFP for a sediment and water quality investigation at RTRVP for one year (i.e., February, April/May, July and October 2001 to Oasis/Bristol JV. The sediment and water quality investigation will be in follow-up to similar investigations done in May 1997 and May 1999. The 2001 investigation, however, will be more extensive in collecting Kenai river water column samples on a quarterly basis, and pore water from the sediment will be collected in April/May. Sediment sampling will be slightly more extensive to determine how far sediment is contaminated towards the center of the Kenai River from its ordinary high water line. Results will be used to compare to 1997 and 1999 findings to determine whether contamination remains the same, is decreasing or increasing. |
Rich Sundet |
| 2/16/2001 |
Update or Other Action |
CSRP requested a revised proposal from Oasis/Bristol JV for the proposed water quality (i.e., Kenai River water column and groundwater/surface water interface sampling) and sediment investigation at RTRVP. CSRP requested Oasis/Bristol JV to reduce the investigation to only a water quality and sediment investigation on a one time sampling schedule, i.e., in late April/early May 2001. |
Rich Sundet |
| 2/21/2001 |
Meeting or Teleconference Held |
SPAR Director Dietrick met with Virgil Norton and Bill Sykes, ex legislative aide to former Representative Ramona Barnes. Norton requested reconsideration of the terms of the Consent Decree regarding amount of monies due to the State from the settlement. |
Rich Sundet |
| 2/21/2001 |
Update or Other Action |
On 2/21, CSRP informed Oasis/Bristol JV that it was revising the RFP for the sediment/WQ investigation. ADEC requested that a revised Proposal be submitted that will require only one sampling event (i.e., in April/May 01) instead of four for 2001. The revised RFP also requested that the RFP place into the Proposal a contingency for Oasis/Bristol to perform a winter event to sample the Kenai River water column in March 01. |
Rich Sundet |
| 2/27/2001 |
Update or Other Action |
On 2/27/01, as discussed on February 15, CSRP transmitted to Jim Gill final reports and other laboratory data, i.e., which has yet to be validated, from its term contractors Oasis/Bristol JV and Shannon and Wilson (S&W). In addition, transmitted a memorandum from Oasis Environmental Inc. regarding the findings, conclusions and recommendations (at this time) of the performance of the HRC remedial system being implemented at River Terrace RV Park. ADEC transmitted with the letter copies of the following final Oasis/Bristol JV and S&W reports:
- “River Terrace HRC Groundwater Monitoring Event First Letter Report” prepared by Oasis/Bristol JV dated February 1, 2001.
- “Phase I Treatment System Construction, River Terrace RV Park, Soldotna, Alaska” prepared by S&W dated February 8, 2001.
DEC also transmitted the following final laboratory data or summary data tables, however, all data except the September 2000 data still needs to be validated by our term contractor Oasis/Bristol JV:
- A summary table of the final Keystone Laboratory volatile organic compound (VOC) data from the eight HRC monitoring wells for the sampling events that occurred in September and November 2000, and January 2001 (Table 2-B).
- A summary table of the final Keystone Laboratory natural attenuation data, for the groundwater sampling event that occurred in January 2001 for the eight HRC performance wells (Table 4).
- A summary table of VOC data for the groundwater sampling event that occurred in January 2001 for all selected monitoring wells sampled as well as the storm water sewer outfall located in the ADOT&PF right-of-way. The table includes data from Keystone Laboratory, which is used primarily to evaluate the performance of the HRC, and Analytica Laboratory data, which is primarily used for compliance purposes, i.e., compare to cleanup levels established in the August 31, 2000 dated Record of Decision (ROD).
Also, enclosed was the following Oasis Environmental Inc. memorandum to the department:
- Oasis Environmental Inc. memorandum dated February 23, 2001.
The letter also informed Gill, as discussed on February 15, treatment of the contamination using HRCTM appears to be working in both plumes. As expected with tetrachloroethylene (PCE) concentrations decreasing, dichloroethylene (DCE) concentrations have increased, particularly cis-1,2-DCE. A number of exceedances to the cleanup levels as established in the ROD are shown in the two enclosed summary tables (Table 2-B, and table titled “September and November 2000…”). Exceedances are shown above the following ROD cleanup levels: groundwater cleanup levels on River Terrace RV Park (RTRVP) property, e.g., above 840 ug/l for PCE; groundwater cleanup levels off RTRVP property, e.g., above 50 ug/l for PCE; and levels at the sentry wells based upon modeling to achieve water quality standards at the groundwater/surface water interface, e.g., 15 ug/l for PCE.
The letter also informed Gill that ADEC expects to perform the next quarterly groundwater sampling event in March 2001. At that time, we will also perform the next HRC performance monitoring event. |
Rich Sundet |
| 2/28/2001 |
Meeting or Teleconference Held |
On 2/28/01, Hinkle met with Scott Forgue and David Litchfield in the ADEC Kenai office to discuss the separation distance problem between his Class A drinking water wells and contamination within 200 feet, including that which is the ground from the solvent spill(s). Discussion also occurred that a separation distance waiver request needed to be submitted through Hinkle's engineer to address this issue and prior to spreading contaminated soil from the two stockpiles back onto RTRVP property. |
Rich Sundet |
| 3/2/2001 |
Update or Other Action |
On 3/2/01, CSRP responded to Robert Ruffner's, of the Kenai Watershed Forum, comments that were provided to ADEC regarding the Proposed Plan to cleanup the remaining contamination at the River Terrace RV Park (RTRVP) in Soldotna. The noted that in a conversation between Ruffner and Ms. Lynn Kent, former manager of the Contaminated Sites Remediation Program, she requested that CSRP provide the department’s response to your comments. In addition to providing Ruffner DEC's response to his comments, the letter provided a summary of what has occurred regarding the cleanup since the Proposed Plan was public noticed in May 2000.
The letter noted that he (Ruffner) provided comments to the Proposed Plan at the public meeting on June 15, 2000 and again as part of a group of individuals/organizations in a letter dated June 22, 2000. |
Rich Sundet |
| 3/6/2001 |
Update or Other Action |
In a letter dated 3/6/01, David Litchfield provided Hinkle a summary of the meeting on 2/28/01. |
Rich Sundet |
| 3/13/2001 |
Update or Other Action |
CSRP requested a revised proposal from Oasis/Bristol JV for the proposed water quality (i.e., Kenai River water column and groundwater/surface water interface sampling) and sediment investigation at RTRVP. CSRP requested Oasis/Bristol JV to reduce the investigation to only a water quality investigation on a one time sampling schedule, i.e., in late April/early May 2001.
Earlier, in a submittal dated 2/23/01, Oasis/Bristol JV provided a proposal to ADEC for $34,13031 to perform the water quality and sediment sampling investigation on a one time sampling schedule (spring 01). |
Rich Sundet |
| 3/13/2001 |
Update or Other Action |
In a letter dated 3/13/01, Larry Dietrick responded to Hinkle's 3/5/01 letter that requested a waiver for the separation distance between his Class A wells and contamination within 200 feet. ADEC informed Hinkle that SPAR forwarded the request to Scott Forgue within the Environmental Health Division of ADEC who do conduct engineering reviews of such requests. |
Rich Sundet |
| 3/15/2001 |
Meeting or Teleconference Held |
On 3/15/01, Rich Sundet gave a brief update to the Kenai River Special Management Advisory board at the Kenai River Center. The presentation curtailed a brief summary of past actions since May 2000, findings from groundwater monitoring pre and post HRC injection, and planned work through 2001. |
Rich Sundet |
| 3/22/2001 |
Update or Other Action |
On 3/22/01, CSRP's Program Manager Jim Hayden approved a modification to the Short-term and Long-term Groundwater Monitoring NTP, i.e. 1820121223(B), for $3,614.96. The amended work would be to perform tasks 2 and 3 regarding Oasis/Bristol 3/20/01 proposal at the River Terrace contaminated site:
Task 2) To supplement the contract for laboratory analysis because errors were experienced using the previous laboratory that Oasis/Bristol JV had quoted in their proposal to perform the work. The cost is the difference between the new laboratory's quoted price and the previous laboratory's quoted price; and,
Task 3) To perform dissolved oxygen measurements in the Kenai River during the March and June quarterly groundwater sampling events to determine whether another treatment system may be necessary to address any low oxygen levels found in the Kenai River, as a result of the success of the HRC treatment system.
Task 1 of the proposal (below) was elected to be postponed until later and CSRP will continue to monitor the outfall. Upon evaluation of the outfall data, CSRP could amend the NTP to make repairs to the pump and/or the electrical system that runs the pump for the amount associated with task 1 if concentrations exceed WQSs.
Project coding to CC 18528497. Total NTP now is $156,487.79. |
Jim Hayden |
| 4/4/2001 |
Update or Other Action |
CSRP Program Manger Hayden approved Oasis/Bristol JV 4/3/01 dated proposal for a Water Quality Investigation at RTRVP for $20,755.60. |
Jim Hayden |
| 4/5/2001 |
Update or Other Action |
CSRP issued NTP 1820121228A to Oasis/Bristol JV as a result of their 4/3/01 proposal for a water quality investigation at RTRVP for $20,755.60. Costs charged to codes LC 14974360 CC 18528497. |
Rich Sundet |
| 4/11/2001 |
Update or Other Action |
In response to a submittal dated 4/6/01 by Hart Crowser titled "Soil Spreading from Treatment Cells," CSRP thanked Hinkle for the proposal regarding the planned activities to perform confirmation sampling (i.e., which your work plan was approved by the department on November 7, 2000) and disposal of the treated soil for the two stockpiles of treated soil at River Terrace RV Park (RTRVP). The letter also notified Hinkle that CSRP would be reviewing the “final” proposal that includes a report for the April 2001 confirmation sampling effort as soon as it is ready for review and you have satisfactorily resolved the separation distance between your Class A drinking water wells and where the soils will be placed, i.e., within 200 feet from the wells, with the department’s Division of Environmental Health.
The letter also informed Hinkle to ensure that the proposal meets pertinent federal, state and local regulations and guidelines, including meeting the conditions in the March 2, 2000 “contained-in determination” issued by the Environmental Protection Agency (EPA) for this site. A cursory review of the April 6th proposal showed that it calls for lifts greater than the March 2nd “contained-in” determination issued by EPA for your site for replacement of the treated soils back onto RTRVP. The letter also requested that Hinkle contact the Kenai River Center to determine whether any permits are needed by the agencies represented in the center to dispose of the treated soils back onto RTRVP. |
Rich Sundet |
| 4/13/2001 |
Update or Other Action |
On 4/13/01, a memorandum was written to the River Terrace RV Park (RTRVP) file that documented the Alaska Department of Environmental Conservation’s (DEC) response to questions or comments made by the public regarding the Proposed Plan and draft Remedial Investigation/Feasibility Study report, which were issued in 2000.
On August 31, 2000, the Record of Decision (ROD) was issued by ADEC to address the remaining contamination at the River Terrace RV Park (RTRVP) contaminated site in Soldotna. Due to the urgency to focus upon and issue the ROD, the responsiveness summary that had been planned to accompany the ROD was not issued at the time the ROD was issued. The responsiveness summary addresses public comment on the Proposed Plan and the draft Remedial Investigation/Feasibility Study report (RI/FS). The remedial investigation portion of the draft RI/FS report addresses the investigation of the site that ADEC performed from spring 1999 to early 2000 to fill in site characterization data gaps. The feasibility study portion of the RI/FS evaluated alternatives to cleanup contamination remaining at the site. The Proposed Plan public noticed DEC’s preferred remedial approach to cleanup the remaining contamination at the site.
The following is DEC’s responsiveness summary to the following documents regarding the investigations and cleanup at the River Terrace RV Park contaminated site in Soldotna, Alaska:
- Proposed Plan for cleanup of remaining contamination at River Terrace RV Park public noticed May 26 – June 26, 2000; and,
- “Agency Review Draft Remedial Investigation/Feasibility Study” report (RI/FS) for River Terrace RV Park dated March 2000 prepared by DEC’s term contractor Oasis/Bristol Joint Venture. |
Rich Sundet |
| 4/20/2001 |
Update or Other Action |
Scott Forgue of DEC's Environmental Health responded further to Hinkle's 3/16/01 letter to Dave Litchfield. Litchfield had provided Hinkle an earlier response on 3/6/01 in follow-up to a meeting between EH staff and Hinkle regarding separation distance issues between contamination and Hinkle's drinking water wells on site.
The 4/20 letter informed Hinkle of the need for specific data so that EH could evaluate any waiver request. Separation distance issues are from the existing solvent contamination in the ground to the Class A wells, sewer lines in the ground to the Class A wells, and the proposal to dispose of the stockpiled treated soil within the 200 feet radius of the Class A wells. |
Rich Sundet |
| 5/3/2001 |
Update or Other Action |
CSRP's contract manager issued a request to Oasis/Bristol JV to resubmit a proposal to ADEC in modification to its previous proposal to perform a water quality investigation in the Kenai River adjacent to the RTRVP contaminated site. NTP 1820121228A was issued on 4/5/01 for $20,755.60 for the prior proposal. |
Rich Sundet |
| 5/8/2001 |
Update or Other Action |
In a letter dated 5/8/01 to the A.G.'s Office, which was received by the A.G.'s Office on 5/10/01, the Hinkles acknowledged the A.G.'s letter of 4/20/01, however, requested a meeting on 5/17 or 18 to discuss their business financial information and that according to them, they can not move forward with the work they are obligated to perform and meet their existing debt service. They also requested that at the meeting they could discuss a perspective purchaser/lender agreement and noted that they retained Sam Cason to assist on this issue. |
Rich Sundet |
| 5/9/2001 |
Update or Other Action |
CSRP requested a revised proposal from Oasis/Bristol JV for the proposed water quality investigation at RTRVP. CSRP requested Oasis/Bristol JV to reduce the reporting to a brief summary, one figure showing sampling locations, and a summary table of the analytical data.
Later on 5/9, Oasis/Bristol JV submitted a revised proposal for the work for $12,061.22. |
Rich Sundet |
| 5/9/2001 |
Update or Other Action |
CSRP's contract manager issued a RFP to Oasis/Bristol JV to develop a work plan for Phase II Design of a Treatment System at RTRVP. The work plan was requested to be an amendment to the existing Oasis/Bristol JV work plan for Phase I. The SOW specified that further injection wells need to be installed in the lower and upper plumes, and HRC be injected into the existing and newly installed injection wells. The RFP also requested that the monitoring wells and the property line between RTRVP and DOT ROW be surveyed. |
Rich Sundet |
| 5/10/2001 |
Update or Other Action |
CSRP's Program Manager Hayden approved of Oasis/Bristol JV's 5/9/01 proposal for $12,061.22 to perform a water quality investigation that includes sampling the Kenai River water column and providing a minimal report.
Later on 5/10/01, NTP 1820121232A was issued to Oasis/Bristol JV for $12,061.22 to perform the water quality investigation. A work plan for the previously approved NTP to perform a water quality investigation that included sampling the Kenai River water column and the groundwater/surface water interface had been received by ADEC on 4/20/01 (the work plan was dated 4/20/01). |
Jim Hayden |
| 5/10/2001 |
Update or Other Action |
In response to Oasis/Bristol JV's proposal dated 5/15/01, CSRP issued NTP 1820121233A to Oasis/Bristol JV for $14,922.33 to 1) develop a work plan for Phase II Design of a Treatment System at RTRVP. The work plan was requested to be an amendment to the existing Oasis/Bristol JV work plan for Phase I. The SOW specified that further injection wells need to be installed in the lower and upper plumes, and HRC be injected into the existing and newly installed injection wells; 2) the RFP also requested that the monitoring wells and the property line between RTRVP and DOT ROW be surveyed; and, 3) The contractor provide technical assistance to CSRP and its cleanup contractor during implementation of the Phase II work plan. |
Rich Sundet |
| 5/15/2001 |
Update or Other Action |
On 5/15/01, ADEC transmitted information to Jim Gill as previously discussed on April 20 and May 10, 2001. The department has received final reports and other laboratory data, i.e., which has yet to be validated, from its term contractor Oasis/Bristol JV. The department transmitted with the cover letter copies of the following final Oasis/Bristol JV reports or memorandum:
- “Final Quarterly Groundwater Monitoring Report September 2000, River Terrace RV Park, Soldotna, Alaska” prepared by Oasis/Bristol JV dated February 23, 2001.
- “River Terrace HRCTM Groundwater Monitoring Event Second Letter Report” prepared by Oasis/Bristol JV dated March 26, 2001.
- “River Terrace HRCTM Groundwater Monitoring Event Third Letter Report” prepared by Oasis/Bristol JV dated April 27, 2001.
- Memorandum from Oasis Environmental Services to the department titled “Status of River Terrace Recreational Vehicle Park Remediation” dated May 8, 2001.
The department also transmitted the following laboratory summary data tables, however, all volatile organic compound (VOC) data for the March 2001 groundwater monitoring event still needs to be validated by our term contractor Oasis/Bristol JV:
-A summary table of the field screening data, for the groundwater sampling events that occurred in September and November 2000, and January and March 2001 for the eight HRCTM performance wells (Table 6).
- A summary table of the final Keystone Laboratory natural attenuation data, for the groundwater sampling events that occurred in September and November 2000, and January and March 2001 for the eight HRCTM performance wells (Tables 7 and 9).
- A summary table of VOC data for the groundwater sampling event that occurred in March 2001 for all selected monitoring wells sampled as well as the storm water sewer outfall located in the ADOT&PF right-of-way (Table 2-B). The table includes data from Keystone Laboratory, which is used primarily to evaluate the performance of the HRCTM , and Analytica Laboratory data, which is primarily used for compliance purposes, i.e., compare to cleanup levels established in the August 31, 2000 dated Record of Decision (ROD).
- A summary table of historical VOC data of all the monitoring wells sampled during the groundwater sampling events that have occurred from July 1997 to March 2001 (Appendix A).
In addition, ADEC transmitted the following final work plan prepared by Oasis/Bristol JV to perform a water quality investigation in early May 2001:
-“Work Plan (Revised) Kenai River Water Quality Sampling River Terrace RV Park.”
The letter also noted, as discussed on May 10, 2001, the water quality investigation would occur on May 15, 2001. Also, that ADEC expects that another HRC performance monitoring event to occur in May 2001 and ADEC also expects to install more injection wells at RTRVP in both the lower and upper plume areas, and inject HRC into the new injection points as well as into the injection points that were installed last fall. |
Rich Sundet |
| 5/18/2001 |
Meeting or Teleconference Held |
Sundet met with Jim Gill of Hart Crowser, and Jane Paris and Tim McDougall of Oasis at Oasis' office in coordination of the development of the work plan for Phase II. Also, present were Matt Hemry of Shannon and Wilson (cleanup contractor). Focus of the meeting was the location and rationale for the locations of new HRC injection points that are planned to be installed as part of Phase II. |
Rich Sundet |
| 5/22/2001 |
Update or Other Action |
On 5/21/01, CSRP's term contract Oasis/Bristol JV collected samples from the Kenai River's water column as part of the Water Quality Investigation contract. On 5/22/01, Oasis/Bristol JV sampled the eight HRC performance monitoring wells to assist in the evaluation of the performance of HRC. |
Rich Sundet |
| 5/23/2001 |
Update or Other Action |
On 5/23/01, CSRP provided Oasis comments in a marked up copy of the draft "Phase II of HRC Remediation RTRVP" work plan dated 5/23/01. CSRP also coordinated the review of the draft plan with Jim Gill of Hart Crowser. In a 5/23 conversation with Sundet, Gill stated that he would review a copy of the draft plan and provide comments to ADEC by noon on 5/24/01. A copy of the draft Phase II plan was picked up by Gill on 5/23. CSRP requested a quick turn-around so that the plan could be finalized and a RFP could be issued to its cleanup contractor to submit a proposal to ADEC to perform the work. |
Rich Sundet |
| 5/25/2001 |
Update or Other Action |
CSRP's contract manager issued a RFP to Shannon and Wilson to implement the Oasis/Bristol JV work plan dated 5/24/01 for Phase II Remediation at RTRVP. The work is scheduled to occur in June 01 and include installation of additional HRC injection points, and injection of HRC into those points as well as into injection points installed during Phase I in fall 2000. The work also will require surveying of the new injection points. |
Rich Sundet |
| 5/25/2001 |
Update or Other Action |
On 5/25/01, CSRP transmitted the following final report and work plan from its term contractor Oasis/Bristol JV to Jim Gill and various representatives that were cced on the letter:
-“Final Quarterly Groundwater Monitoring Report January 2001 River Terrace RV Park” dated May 16, 2001.
-“Final Work Plan Phase II of HRCTM Remediation, River Terrace Recreational Vehicle Park, Soldotna Alaska” dated May 24, 2001.
The letter also thanked Gill for his input into the development of the Phase II work plan. As we previously discussed in our meeting at the Oasis office on May 18, 2001, we will be continuing to work with you in regards to the Phase II work, including notification when the field work for Phase II will commence. As we discussed, we can amend the work plan (e.g., exact location of new injection wells) dependent upon the locations of the utilities or other possible factors. If you obtain new information regarding the utilities, especially the location of the drinking water well, please contact me and I will pass that information to our cleanup contractor. Please be aware that today we issued a Request for Proposal (RFP) to one of our cleanup term contractors to implement the Phase II work plan and expect a proposal next week. As we discussed, the department expects that the Phase II work plan will be implemented during mid-June 2001.
If you have any questions, please do not hesitate to contact me at 269-7578.
Sincerely, |
Rich Sundet |
| 6/1/2001 |
Update or Other Action |
CSRP's Program Manager Hayden approved of Shannon and Wilson's 6/1/01 proposal for $95,500.00 to implement the Phase II work plan developed by Oasis/Bristol JV, i.e., to install about 50 new HRC injection points, inject HRC into the new and the 41 injection points that were installed in fall 2000, and survey the new injection points. |
Jim Hayden |
| 6/5/2001 |
Update or Other Action |
CSRP's Program Manager Hayden approved of Shannon and Wilson's 6/1/01 proposal for $95,500.00 to implement the Phase II work plan developed by Oasis/Bristol JV, i.e., to install about 50 new HRC injection points, inject HRC into the new and the 41 injection points that were installed in fall 2000, and survey the new injection points.
On 6/5/01, amended NTP 1820195006D was issued to S&W for a total of $207,641.87. A total of $49,124.00 was added to the existing NTP (version C) ( i.e., the previous NTP was $158,517.87 and $112,141.77 had been spent so $46,376.00 remained from the Phase I work. $95,500.00 - $46,376.00 = $49,124.00 was the necessary funds needed to complete the Phase II work). |
Jim Hayden |
| 6/8/2001 |
Update or Other Action |
On 6/8/01, CSRP responded to a FOIA request by Marla Snow, Claims Specialist for RiverStone. Snow requested all documents regarding the RTRVP contaminated including some specific documents in relation to former property owners and PRPs. CSRP's letter noted that all RTRVP's files would greatly exceed copying charges of $1,000.00 which was greatly in excess of the $250.00 Snow was willing to pay. CSRP requested that she contact the ADEC project manager, Sundet, to narrow the scope of her request. |
Rich Sundet |
| 6/11/2001 |
Update or Other Action |
On 6/11/01, S&W verbally requested an additional $3,400.00 for NTP 1820195006 because Regensis had misinterpreted how S&W specified that the HRC be sent to Alaska. Regenesis had quoted a price for shipment of the HRC by barge and the HRC needed to be shipped by air because of the need to begin the project.
CSRP's Program Manager Hayden approved of Shannon and Wilson's 6/11/01 request for an additional $3,400.00 for the Phase II work by S&W. The total for amended NTP 1820195006E is $211,041.87.
Later on 6/11/01, NTP 1820195006E was issued for $211,041.87. |
Jim Hayden |
| 6/18/2001 |
Update or Other Action |
ADEC provided three documents to Bill Gissell of EPA for background in regards to the impending River Terrace Groundwater Protection Infrastructure Grant, i.e., MOA between ADEC and EPA dated 8/7/97; DEC's ROD dated 8/31/00; and, Section 5 of the 9/21/00 Consent Decree between ADEC and the Hinkles. |
Rich Sundet |
| 6/19/2001 |
Meeting or Teleconference Held |
On 6/19/01, Chris Kennedy and Kay Rawlings of the A.G.'s Office met with Klein and Sundet. The meeting discussed the coordination of work that has been assigned to those staff regarding the grant application to EPA to obtain the 3 million that was dedicated by the U.S. Congress to reimburse the State for its cleanup costs associated with the RTRVP contaminated site. |
Rich Sundet |
| 6/21/2001 |
Update or Other Action |
On 6/21/01, S&W verbally requested an additional $500.00 for NTP 1820195006 because excavation was necessary in the area of MW-4A to allow the drilling rig access to drill several HRC injection points. The previous SOW did not specify that excavation work would be necessary and S&W did not suspect that excavation would be necessary.
CSRP's Program Manager Hayden approved of Shannon and Wilson's 6/21/01 request for an additional $500.00 for the Phase II work by S&W. The total for amended NTP 1820195006F is $211,541.87. |
Rich Sundet |
| 6/22/2001 |
Update or Other Action |
On 6/21/01, NTP 1820195006F was amended for $211,541.87 to perform the added excavation work. |
Rich Sundet |
| 7/2/2001 |
Update or Other Action |
On 7/2/01, Jim Hayden approved a funding request for an additional $9,333.00 to S&W to their Phase II NTP to clear the 56 Phase I HRC injection wells.
Later on 7/2/01, the NTP was amended to 1820195006G for an additional $8,806.00 to clear the Phase I injection wells. |
Jim Hayden |
| 7/6/2001 |
Update or Other Action |
In follow-up to a 7/3/01 telephone conversation between Klein and Matthew Harrington in EPA Region X's NEPA Permit section, ADEC provided eight (8) further background documents for the impending River Terrace Groundwater Protection Infrastructure Grant, which was in addition to the final RI/FS document forwarded to Harrington by Matt Carr and the three documents forwarded by Gissell to Harrington that Klein provided to Gissell on 6/18/01. |
Rich Sundet |
| 7/31/2001 |
Update or Other Action |
In a letter dated 7/31/01, EPA responded to DEC's 7/2/01 request to determine whether NEPA requirements apply to the award of federal special appropriation act funds for the River Terrace RV Park Groundwater Remediation project, i.e., the impending River Terrace Groundwater Protection Infrastructure Grant. Upon EPA's request, ADEC on 7/3/01, ADEC provided another 8 background documents to EPA for review.
Upon review of all of the background documents, EPA determined that the RTRVP will not need to be subjected to an environmental review under NEPA because the RTRVP had already undergone detailed environmental review through the RCRA groundwater remediation work and that the project is already near completion. |
Rich Sundet |
| 9/4/2001 |
Update or Other Action |
On 9/4/01, ADEC transmitted information to Jim Gill as previously discussed on August 31, 2001. The department transmitted with the cover letter copies of the following final Oasis/Bristol JV reports or memorandum:
- “Kenai River May 2001 Water Quality Monitoring Results River Terrace RV Park (RTRVP)” dated June 29, 2001. Sampling was performed on May 21, 2001.
The department also transmitted the following laboratory summary data tables. All volatile organic compound (VOC) data for the May/June 2001 groundwater monitoring event had been validated by our term contractor Oasis/Bristol JV. In May, eight wells were sampled and the groundwater samples were analyzed by Keystone Laboratory. Data from those eight wells have been used primarily to evaluate the performance of the Hydrogen Releasing Compound (HRCTM). In June, another ten selected wells were sampled and groundwater samples were analyzed by Analytica Laboratory. Data from those ten wells are primarily used for compliance purposes, i.e., compare to cleanup levels established in the August 31, 2000 dated Record of Decision (ROD).
-A summary table of VOC data for the groundwater sampling event that occurred in June 2001 for the ten selected monitoring wells (Table 2).
- A summary table of historical VOC data of all the monitoring wells sampled during the groundwater sampling events that have occurred from July 1997 through June 2001 (Appendix A). Appendix A includes sampling data from the eight monitoring wells collected on May 22, 2001 that is used to evaluate the effectiveness of the HRC and outfall data from the storm water sewer system located in the adjacent Sterling Highway right-of-way. The outfall data was collected on May 21, 2001. |
Rich Sundet |
| 9/7/2001 |
Update or Other Action |
The A.G.'s Office's contractor KPMG finalized its report "Financial Analysis of Gary and Judith Hinkle" dated 9/7/01. The report was received at CSRP on 9/17/01. KPMG was contracted to provide independent and objective opinions about the financial ability of the Hinkles ability to pay the State the outstanding $1.3 M agreed upon in the Consent Decree. The Hinkles had earlier in 2001 stated that the payment with interest would bankrupt them and therefore, requested that the State forgive their debt. The KPMG report found that the Hinkles income and cash flow on 5/31/01 was about $320,000.00 and the Hinkles net worth on 5/31/01 was $2,560,751.00. It was KPRG's opinion that for at least the next 10 years the Hinkles could service the minimum $40,000 payment to the State if costs associated with repairing the water and sewer lines is less $100,000.00; absent of other unidentified sources of income and absent of the Hinkles adjusting their expenses and creating additional business opportunities. In year 2010, assuming the Hinkles pay only the minimum annual payment, it was KPRG's opinion that the Hinkles will either need to divest of assets to satisfy the remaining balance, or obtain personal long term financing at a private institution.
The report also noted that it found that the Hinkles' accountant Joe Moore did not develop a complete cash flow analysis prior to developing his opinion and Moore's analysis focused only on the cash flow associated with the environmental cleanup issues. Moore's report indicated that repayment of the financial obligation to ADEC would bankrupt the Hinkles. After an error was noted, Mr. Moore had changed his opinion that repayment may bankrupt the Hinkles. Based upon their review, KPMG did not agree with Moore's conclusion.
The report was sent to the Hinkles around 10/2/01. |
Rich Sundet |
| 9/13/2001 |
Update or Other Action |
CSRP's contract manager issued a RFP to Oasis/Bristol JV to perform groundwater monitoring on a quarterly basis and provide technical support to ADEC from September 01 to August 02. In addition, the RFP requested that Oasis/Bristol JV provide repair some monitoring wells at the site and move some dataloggers in several wells to other wells at the site. |
Rich Sundet |
| 9/14/2001 |
Update or Other Action |
Cynthia Pring-Ham hand delivered to Bill Gissell of EPA the grant application for the three million that U.S. Congress appropriated for the cleanup of RTRVP along with a cover letter dated 9/14/01. |
Rich Sundet |
| 9/21/2001 |
Update or Other Action |
In a memorandum from Tim McDougall of Oasis to CS, Oasis provided a summary of their observations of the installation of Phase II of the HRC. The memorandum also summarized findings of their inspection of the installation of Phase II on 6/19/01 and on June 23/01. The memorandum also reported conclusions and recommendations. |
Rich Sundet |
| 9/25/2001 |
Update or Other Action |
On 9/25/01, NTP 1820195006G that was issued to S&W for Phase II work was amended to extend the end date to 6/30/02, i.e. new amendment is NTP 1820195006H. |
Rich Sundet |
| 9/26/2001 |
Update or Other Action |
CSRP provided to S&W a marked up copy of their draft "Phase II Treatment System Construction, River Terrace RV Park" report dated 9/4/01, with CSRP's comments. The draft report was received by CSRP on 9/6/01. |
Rich Sundet |
| 9/28/2001 |
Update or Other Action |
On 9/28/01, Larry Dietrick approved the $97,387.00 funding request to Oasis/Bristol JV to perform groundwater monitoring on a quarterly basis and provide technical support to ADEC from September 01 to August 02. In addition, the RFP requested that Oasis/Bristol JV provide repair some monitoring wells at the site and move some dataloggers in several wells to other wells at the site. |
Rich Sundet |
| 10/2/2001 |
Update or Other Action |
On 10/2/01, ADEC issued NTP 1820121241A to Oasis/Bristol JV for $93486.92 to perform groundwater monitoring at the site in accordance to the said RFP and their proposal. |
Rich Sundet |
| 10/12/2001 |
Update or Other Action |
On 10/12/01, CSRP issued a letter notifying Hinkle that during the Phase II treatment activity performed in July 2001, the department’s term contractor Shannon and Wilson (S&W) generated six 55 gallon drums of purge water. This wastewater was generated during a procedure to inject hot water into the Hydrogen Releasing Compound (HRCTM) injection wells that were installed in fall 2000, i.e., the Phase I activity. The problem was that some of the HRCTM that had been injected still remained between the top of the injection point and the water table, i.e., near ground surface and about 8 – 15 feet below ground surface), where it had solidified. The injection of the hot water cleared the injection points to allow reinjection of HRCTM into the Phase I injection wells in July 2001. After all of the Phase II HRCTM injections were performed, the injection wells were cleared of HRCTM by air or by hot water. Therefore, ADEC did not anticipate this problem to recur if it is determined that further injections of HRCTM are needed.
The letter also notified Hinkle that the September 2000 Consent Decree requires the Hinkles to store any investigative derived wastes (IDW) that is generated on-site that is generated by the department during implementation of its Record of Decision (ROD). The Consent Decree also requires the Hinkles to accept for on-site disposal such IDW as can lawfully be disposed on-site pursuant to the Environmental Protection Agencies “contained-in” decision. The contained-in decision addresses only soil and not wastewater. The ROD does establish cleanup levels for both soil and water. Laboratory analysis shows that neither tetrachloroethylene nor any of its degradation products, e.g., trichloroethylene, were detected (enclosed). Therefore, the IDW is not considered a listed waste that EPA regulates under the Resource Conservation and Recovery Act (RCRA) and the IDW wastewater subject is to be addressed in a “contained-in” decision. The only volatile organic compound detected was chloromethane at 0.00152 mg/l, which is below the calculated 18 AAC 75 Table C level of 0.07 mg/l (calculated by the department using its document “Guidance on Cleanup Levels, Equations and Input Parameters” dated July 28, 1999).
Based upon these findings, the letter noted that the Hinkles have at least two options to dispose of the IDW wastewater on site either onto the surface and a plan needed to be submitted to CSRP for approval or into the sanitary sewer system connected to the City of Soldotna's POTW. The letter requested a response what method Hinkle's propose to use for disposal.
On 10/12, Sundet discussed with Gill the letter and stated that the letter would be faxed to Gill along with the enclosures so that they could proceed in developing a disposal plan. Later on 10/12, the letter and enclosures were faxed to Gill. |
Rich Sundet |
| 10/23/2001 |
Update or Other Action |
CSRP provided to Oasis/Bristol JV marked up copies of four draft reports with their comments, i.e., draft reports for the March and June 2001 quarterly groundwater monitoring events, and the fourth and fifth Hydrogen Releasing Compound (HRC) performance evaluation reports. The draft March groundwater, and the 4th and 5th HRC performance reports were all dated 7/25/01 and were received by CSRP on 7/26/01. The draft June 01 groundwater report was dated 10/11/01 and received by CSRP on that date. |
Rich Sundet |
| 10/24/2001 |
Update or Other Action |
On 10/24/01, the A.G.'s office notified the Superior Court in the document "Second Notice of Noncompliance with Consent Decree" that the Hinkles failed to make their $10,000 quarterly payment on October 15, 2001 as specified in the Consent Decree. The letter also noted that the Hinkles had available per the KPMG Financial Analysis report of the Hinkles on 9/7/200, about $434,000 remaining in their possession. (the first "Notice of Non Compliance with Consent Decree" was filed with the Superior Court by the A.G.'s Office on 11/22/00). |
Rich Sundet |
| 11/6/2001 |
Update or Other Action |
In follow-up to Kennedy's 11/5/01 meeting with Virgil Norton, on 11/6/01, the A.G.'s office formally notified Norton that the $10,000 October 01 quarterly interest payment was overdue and recommended that the Hinkles make the payment by 11/9/01.
Later, the Attorney General's Office received a check from the Hinkles for $10,000.00 dated November 8, 2001. The payment was due on October 15, 2001. |
Rich Sundet |
| 11/8/2001 |
Update or Other Action |
In a letter dated 11/8/01 to the A.G.'s Office, which was received on 11/13/01, Sam Cason provided to the A.G.'s Office a draft prospective purchaser agreement. In a letter dated 5/8/01, the Hinkles requested a meeting with the A.G.'s Office to discuss a prospective purchaser agreement. |
Rich Sundet |
| 12/4/2001 |
Update or Other Action |
CS received 4 copies of S&W's final report titled "Phase II Treatment System Construction, River Terrace, RV Park" dated 11/29/01. Later on 12/13/01, CS received another 6 copies of the report. |
Rich Sundet |
| 12/5/2001 |
Update or Other Action |
NTP 1820121233B to Oasis/Bristol for the "Phase II Treatment Design" was closed on 12/5/01. The NTP was for $14,922.33 and $1,997.47 was released back to the CIP account. |
Rich Sundet |
| 12/6/2001 |
Update or Other Action |
CS received 9 copies each of Oasis/Bristol JV final groundwater reports for the March and June 01 quarterly groundwater events dated 12/4/01 titled "Final Quarterly Groundwater Monitoring Report March (and June) 2001 River Terrace RV Park." |
Rich Sundet |
| 12/11/2001 |
Meeting or Teleconference Held |
On 12/11/01, Sundet met with Dan Breeden, Judy Dougherty (Soldotna Urban Project Engineer) and Laurie Mulcahy of DOT to discuss the status of the cleanup and RTRVP, and potential for impact to highway upgrade project. DOT noted that the storm water sewer upgrade would begin in 2002 with a change in direction at the lower river to Riverside Drive where the water would then be rerouted to a settling pond. The upgrade on the bridge would begin in 2003. Sundet recommended that work be performed in a manner to not or to minimize any amount of soil generated at the site. Previously, a MOA was signed between the agencies, which remains in effect, regarding the contamination and highway upgrade project. |
Rich Sundet |
| 12/11/2001 |
Update or Other Action |
At the request of Oasis/Bristol JV, DEC's contracting manager approved a funding request via email to move monies between various tasks for the River Terrace Short and Long Term Monitoring; NTP #182012123C. Oasis noted that it also is about to complete the subject project. Oasis had noted that to complete the required tasks of the NTP, it would need to switch money from the expenses category to the labor category. The scope of the project will not change, the deliverables will not change, the time limitations will not be exceeded, and the not-to-exceed dollar amount will not be exceeded. Harwood noted that this minor modification should not require an amendment to the NTP. |
Rich Sundet |
| 12/24/2001 |
Update or Other Action |
In a letter dated 12/24/01 to Sam Cason, the A.G.'s Office responded to Cason's 11/8/01 letter that included a "draft prospective purchaser agreement." The A.G.'s letter informed Cason that his draft did not meet the what the A.G.'s Office considered a prospective purchaser agreement because such an agreement would be between the A.G.'s Office and the buyer and the Hinkles are not the purchaser's of the RT park. In addition, the letter informed Cason that the State already has an agreement with the HInkles. Regardless of what Cason considered a "prospective purchaser agreement," the A.G.'s Office provided a draft of the type of agreement the State would be willing to discuss further regarding a prospective purchaser agreement. |
Rich Sundet |
| 1/7/2002 |
Update or Other Action |
In a letter dated 1/7/02, CS as discussed on 12/27/01 with Gill, transmitted final reports and data from the 10/01 groundwater sampling event to Jim Gill. The following final reports from CS's term contractors were transmitted:
-Oasis/Bristol JV report titled “Final Quarterly Groundwater Monitoring Report 3/01 River Terrace RV Park Soldotna, Alaska” dated 12/4/01.
-Oasis/Bristol JV report titled “Final Quarterly Groundwater Monitoring Report 6/01 River Terrace RV Park Soldotna, Alaska” dated 12/4/01.
-Oasis Environmental Memorandum dated 9/21/01 regarding Oasis’ Phase II HRC installation oversight.
-Shannon and Wilson’s final report titled “Phase II Treatment System Construction, River Terrace RV Park, Soldotna, Alaska” dated 11/29/01.
CS also transmitted the following laboratory summary data tables and noted that all VOC data for the 10/01 groundwater monitoring event had been validated by Oasis/Bristol JV. A total of 30 monitoring wells were sampled in October.
-A summary table of VOC data for the groundwater sampling event that occurred in 10/01 for the 30 selected monitoring wells.
-A summary table of historical VOC data of all the monitoring wells sampled from 7/97 through 10/01.
- Summary tables of recordings of natural attenuation parameters measured at ten monitoring wells selected to evaluate the effectiveness of the HRC.
The letter also noted a water sample was also collected at the outfall of the storm water sewer system at the Kenai River adjacent to RTRVP, and that for the first time since 1997 when monitoring began at the outfall, that neither PCE nor any of its degradation products were detected.
The letter noted that the groundwater monitoring results continue to show that HRC has effectively decreased the concentration of PCE at the site. The October data also shows that in nearly all areas of the site, PCE has virtually degraded to cis-1,2-DCE. While PCE degradation has occurred, there are several exceedances to cleanup levels as stated in the ROD for PCE and its degradation products. |
Rich Sundet |
| 1/11/2002 |
Update or Other Action |
In a letter dated 1/11/02, the A.G.'s Office followed up earlier conversations that it had with Virgil Norton and Bill Sykes regarding the Hinkle's financial situation and re-employing Lucinda Mahoney to carry her evaluation further.
The letter noted that Norton indicated that the Hinkles may agree to pay for the re-evaluation.
The letter also dictated conditions that the state would re-hire Mahoney to re-evaluate the financial situation. The letter also noted that the Hinkle's have never applied for a separation distance waiver that is needed to spread treated soils within 200 feet of the Hinkle's Class A public drinking water source and that upon discussion with senior ADEC staff, that neither applying for nor receiving this waiver would be considered an alteration of the existing RT wastewater system under 18 AAC 80.200(b).
The letter requested if the Hinkles would like to proceed forward based upon the conditions presented in the letter. |
Rich Sundet |
| 1/15/2002 |
Update or Other Action |
In a letter dated 1/15/02, the Hinkles responded to the A.G.'s Office's 1/11/02 letter with several comments including that they would place $10,000 in a trust account of Sam Cason to be used to pay for work by KPMG. |
Rich Sundet |
| 1/16/2002 |
Update or Other Action |
In a letter dated 1/16/02 in response to the A.G.'s Offices 1/11/02 letter, Norton noted that the Hinkles have made their January payment of $10,000 and it was made under protest. The letter also noted that the Hinkles agreed to pay the $10,000.00 to pay KPMG invoices and establish a trust account with their attorney Sam Cason or to pay directly to the A.G.'s Office. Norton noted that he would write any RFP requested and Gill would be available. The letter also noted that Janice Adair of DEC's EH Division resolved the water well waiver issue. |
Rich Sundet |
| 1/17/2002 |
Update or Other Action |
In a letter dated 1/17/02, the A.G.'s Office notified ADEC that it had received a check from the Hinkle's for $10,000.00 as part of the settlement payment. The letter noted that the check was due on 1/15 and was two days late (the check was dated1/15/02). The letter also notified ADEC that it should keep track of the payment due dates and when the payments are due because the consent decree states that interest is owed to the state. |
Rich Sundet |
| 1/17/2002 |
Update or Other Action |
In a letter dated 1/17/02, the A.G.'s Office responded to Norton's 1/16/02 letter and Hinkles' 1/15/02 letter, and thanked Norton for delivering the Hinkles' 1/15/02 payment on 1/17/02.
The A.G.'s Office's letter requested that the $10,000 be directed to the A.G.'s Office instead of to Cason to fund the KPMG audit, would return any unused funds, some of the historical comments in the Hinkles letter is debatable or inaccurate and that there is no lien on the Hinkle house, and that while the Hinkles signed the back of the check that it was under protest, the Hinkles entered into a Consent Decree and confirmed it in sworn testimony in court two weeks later. |
Rich Sundet |
| 1/17/2002 |
Meeting or Teleconference Held |
At the request of Jim Gill, on 1/17/02 a meeting was held with Max Schwenne, Jane Paris, Tim McDougall of Oasis, Sundet and Gill at the Oasis office. Gill had requested the meeting to discuss the current status of the remediation using HRC. Oasis provided Gill maps to review of the site with isopleths of the contamination recorded from the October 01 sampling event. The maps were not provided to Gill as they were working copies. Gill was particularly interested in the contamination levels whether rising or decreasing going off property whether to the DOT ROW or river. Discussion also focused upon the groundwater gradient and sometimes reversal in the upper plume near the former dry cleaner building , and why ADEC and Oasis suspect there is a source remaining under the building. Also, it was discussed that it appears that while HRC has enhanced reductive dechlorination, for whatever reason, the contamination remains at the cis-DCE stage.
Gill also noted that he had reviewed the site and provided Hinkles with several options, including involving abandonment of the 2 drinking water wells on site, for disposal of the two stockpiles of contaminated soil. Gill noted that while it would be a tight fit, all of the contaminated soil could be disposed of on site meeting the conditions in the EPA contained-in letter and the 200 feet separation distances for the 2 drinking water wells. Gill noted that he would provide ADEC a disposal plan as soon as Hinkle gives him the approval to finalize. |
Rich Sundet |
| 2/7/2002 |
Meeting or Teleconference Held |
At the request of DOT, Sundet provided an update of the status of the cleanup and extent of the contamination associated with River Terrace that may impact the upgrade of the Sterling Highway/Bridge. Sundet provided copies of the site showing PCE and cis-1,2 DCE groundwater contamination based on the October 2001 sampling event. The meeting was an agency meeting hosted by DOT to discuss the proposed Soldotna Urban Project that consists of upgrading the Sterling Highway adjacent to RTRVP and the Kenai River Bridge. Numerous agency staff attended including staff from the City of Soldotna, and Kenai River Center. DOT noted that the project's funding would be secured in September 2003 and the project would commence work in 2004 including bridge upgrade initiation. |
Rich Sundet |
| 2/8/2002 |
Update or Other Action |
On 2/8/02, ADEC received 9 copies of Oasis' report titled "River Terrace HRC Groundwater Performance Monitoring 4th and 5th Letter Report Final" dated 2/4/02. |
Rich Sundet |
| 2/15/2002 |
Update or Other Action |
In a letter dated 2/15/02, the A.G.'s Office informed KPMG that it would be amending its previous contract with KPMG to evaluate the financial situation with the Hinkles using their 9/7/01 report as a starting point. The objective would be to evaluate the ability of the Hinkles to meet the settlement obligations in the near term (3 years) while continuing to operate RTRVP. If KPMG concludes that the Hinkles need to obtain new private financing to accomplish this, they need to evaluate whether the necessary financing is likely to be available under the present circumstances and, if not, whether that financing might be available if the state were to facilitate the transaction by subordinating its lien and/or providing assurances protecting the lender from environmental liability. |
Rich Sundet |
| 2/21/2002 |
Meeting or Teleconference Held |
On 2/21/02, CS staff provided a brief history of the contamination at RTRVP and discussed the status of the cleanup before the Kenai River Special Management Area (KRSMA) board. The board was concerned with the progress of the cleanup to meet the cleanup levels established for this site and drafted a motion to send a resolution to ADEC on their concerns that would include their concerns that no sediment sampling was performed in 2001, that the selected treatment using HRC had slowed to cis DCE and it was questionable when it would break down further to non toxic chemicals, and whether the contamination would delay the schedule for the upgrade of the Sterling Highway/Kenai Bridge. CS staff handed out maps of PCE and cis DCE isopleths generated using data collected from the October 01 groundwater sampling event which showed contamination for those COCs above the off RTRVP property and the modeled groundwater/surface water interface. |
Rich Sundet |
| 3/7/2002 |
Update or Other Action |
On 3/7/02, CS provided marked up copies of two draft Oasis reports with comments. The draft reports were titled "River Terrace HRC Groundwater Performance Monitoring Sixth Letter Report Draft" dated January 30, 2002 and "Draft Quarterly Groundwater Monitoring Report October 2001 River Terrace RV Park" dated January 29, 2002. Both draft reports were received at ADEC on 1/31/02. |
Rich Sundet |
| 3/13/2002 |
Update or Other Action |
CS submitted to Jonathan Williams of EPA's UIC Program, the completed form "Inventory of Injection Wells (form 7520-16) that notified the UIC Program that ADEC had installed 107 injection points and injected HRC to treat the PCE in the water table aquifer. Earlier in 2002, CS had informed Williams of the project. |
Rich Sundet |
| 3/29/2002 |
Update or Other Action |
In a letter dated 3/29/02, CS's Program Manager responded to the Kenai River Special Management Area Advisory Board's 2/27/02 letter regarding their concerns of the contamination and potential threat to the Kenai River. CSP's letter noted that it would provide the Board a copy of its term contractor's draft report due in April 02 regarding the evaluation of the performance of HRC. The letter also informed the Board that CSP planned to perform a sediment investigation in May 02. |
Rich Sundet |
| 4/8/2002 |
Update or Other Action |
In a 4/8/02 letter, CSP transmitted Oasis/Bristol JV reports, and summary tables of groundwater data collected during the January and March 02 groundwater sampling events. Copies of the following final Oasis/Bristol JV reports were transmitted:
-Oasis/Bristol JV report titled “Final Quarterly Groundwater Monitoring Report 10/01 River Terrace RV Park Soldotna, Alaska” dated 3/14/02.
-Oasis/Bristol JV report titled “River Terrace HRC Groundwater Performance Monitoring Fourth and Fifth Letter Report FINAL” dated 2/4/02.
- Oasis/Bristol JV report titled “River Terrace HRC Groundwater Performance Monitoring, Sixth Letter Report FINAL” dated 3/20/02.
The letter noted that all volatile organic compound (VOC) data for the 1/02 groundwater monitoring event had been validated by our term contractor Oasis/Bristol JV. VOC data for the 3/02 groundwater monitoring event had not yet been validated by Oasis/Bristol JV. During the January event, samples from selected monitoring wells were analyzed by Keystone Laboratory to assist CSP in evaluating the performance of the HRC. Samples from other monitoring wells collected in January were analyzed by North Creek Analytical for compliance purposes i.e., compare to cleanup levels established in the 8/31/00 dated ROD. Samples from the March monitoring event were only used for compliance purposes. The following summary tables were also transmitted:
-A summary table of VOC data for the groundwater sampling event that occurred in 1/02 for the 18 selected monitoring wells sampled.
- A summary table of VOC data for the groundwater sampling event that occurred in 3/02/02 for the 14 selected monitoring wells sampled.
-A summary table of historical VOC data of all the monitoring wells sampled from July 1997 through March 2002.
- A summary table of groundwater elevation data, and charts of this data for four lower and four upper plume monitoring wells used to evaluate the performance of the HRC.
- Summary tables of recordings of natural attenuation parameters measured at ten monitoring wells selected to evaluate the effectiveness of the HRC.
CSP also noted, as discussed previously, the groundwater monitoring results continue to show that HRC has effectively decreased the concentration of PCE at the site. The data also shows that in nearly all areas of the site, most of the PCE has degraded to cis-1,2-DCE. While PCE degradation has occurred, there are several exceedances to cleanup levels as stated in the ROD for PCE and its degradation products. All but one of the exceedances for both January and March were in the lower plume with the exception being at monitoring well (MW) 25 in the upper plume where cis-1,2-DCE exceeded its cleanup level.
|
Rich Sundet |
| 4/8/2002 |
Update or Other Action |
On 4/8/02, Harwood of SPAR's Contractual Section issued a RFP to Oasis/Bristol JV to perform a sediment investigation in association with the RTRVP contaminated site. |
Rich Sundet |
| 4/9/2002 |
Update or Other Action |
In a letter dated 4/9/02, the A.G.'s Office informed Norton that the Hinkles have a $10,000 interest payment due under the consent decree on 4/15/02. The letter further explained that if the Hinkles choose not to make the payment the state will not treat the payment as late until 60 days after the normal due date, or 6/14/01 (i.e., really meant 6/14/02). |
Rich Sundet |
| 4/12/2002 |
Update or Other Action |
CSP Manager approved a funding request for $24,072.24 for Oasis/Bristol JV to perform a sediment investigation adjacent to RTRVP using CIP monies from FY01, CC code 18528487.
Later on 4/12/02, ADEC issued NTP 1820121249A to Oasis/Bristol JV to perform the sediment investigation for $22,605.29. |
Rich Sundet |
| 5/2/2002 |
Update or Other Action |
In a letter dated 5/2/02 to the A.G.'s Office, Virgil Norton provided an estimate of $83,350 to disperse the 2 stockpiles at RTRVP, including $39,000 for Hart Crowser to perform sampling. The Hart Crowser plan would include a disposal plan that would provide for the soils to be placed to meet EPA conditions and separation distances to onsite drinking water wells. |
Rich Sundet |
| 5/7/2002 |
Update or Other Action |
Discussed with Jim Gill the final draft Oasis/Bristol JV report on the evaluation of the Phase I and Phase II HRC treatment system and per his request mailed him a copy of the draft report dated May 2, 2002. |
Rich Sundet |
| 5/8/2002 |
Update or Other Action |
On 5/8/02, the A.G.'s Office issued a letter to Lucina Mahoney the Director of KPMG whose firm is contracted into reviewing the Hinkles finances regarding their request to forgive a portion of their debt to the State. It noted that Norton in a 5/2/02 letter noted that the est. cost to move the stockpiles was $83,350.00 and this was broken down for $4,350.00 for the earthmoving and $39,000 for Hart Crowser to perform environmental work. The letter noted that KRPM use $20,000 for the Hart Crowser work because a large amount of testing is not needed. |
Rich Sundet |
| 5/13/2002 |
Update or Other Action |
Discussed with Virgil Norton that the stockpiles were not covered, that ADEC would be performing a sediment investigation within the next several days, and that the final draft Oasis/Bristol JV report on the evaluation of the Phase I and Phase II HRC treatment system was done and Sundet had discussed this report with Gill. Per Norton's request, Sundet left a copy of the draft report dated May 2, 2002 for him to pick up at the ADEC Anchorage office. |
Rich Sundet |
| 5/16/2002 |
Meeting or Teleconference Held |
On 5/16/02, Tim McDougall of Oasis gave a presentation on his firm Oasis Environmental Services draft report of the evaluation of HRC for Phase I and Phase II before the Kenai River Special Management Area (KRSMA) Advisory Board. Also present were Rich Sundet, Steve Bainbridge and Mike Haars of ADEC who answered questions along with Tim from members of the board regarding the RTRVP cleanup and the next steps. |
Rich Sundet |
| 5/16/2002 |
Update or Other Action |
On 5/16/02, DEC issued a response to Robert Ruffner of the Kenai Watershed Forum regarding his 5/2/02 letter of possible impacts from contaminated sites within the Kenai River Corridor (i.e, includes the RTRVP site). |
Rich Sundet |
| 5/17/2002 |
Update or Other Action |
Oasis Environmental published the final work plan for the sediment investigation titled "Final Work Plan Kenai River Sediment Sampling River Terrace RV Park Soldotna, Alaska" dated May 17, 2002. |
Rich Sundet |
| 5/17/2002 |
GIS Position Updated |
Heather Goldman supplied updated latitude and longitude based on a report prepared for the Kenai River Special Management Area. |
Heather Goldman |
| 6/5/2002 |
Update or Other Action |
In a letter dated 6/5/02, the A.G.'s Office informed Norton that in follow-up to their recent phone call that the A.G.'s Office was waiting for more information from him on several issues that may affect the Hinkles' cash flow situation. Once that information is provided, the letter noted that Lucinda Mahoney would be able to run her models and revise her report quite quickly.
The letter also stated that the Hinkles' were overdue on their $10,000 interest payment under the consent decree as it was due on 4/15/02. The letter reiterated that in the A.G.'s 4/9/02 letter that if the Hinkles chose not to make the payment, the state would not treat the payment as late until 60 days after the normal due date, or 6/14/02. The letter further stated that the A.G.'s Office extended the extension of the 4/15/02 payment date further to 7/10/02. |
Rich Sundet |
| 6/27/2002 |
Update or Other Action |
On 6/27/02, CSP provided a marked up copy of Oasis/Bristol JV's draft report for the quarterly groundwater event that occurred in March 2002. The report was dated June 17, 2002 and was received by CSP on that date. |
Rich Sundet |
| 6/27/2002 |
Update or Other Action |
On 6/27/02, Harwood of SPAR's Contractual Section issued a RFP to Oasis Environmental Services to perform a Phase III investigation in association with the RTRVP contaminated site from 6/27/02 - 6/30/03. Phase III would include performing quartering groundwater monitoring, a pilot bioaugmentation study, inject HRC or another substrate in the existing injection points and evaluate this subproject, inject HRC under the former dry cleaner building, and further characterization work to determine the source of the upper plume. |
Rich Sundet |
| 6/28/2002 |
Update or Other Action |
On 6/28/02, Oasis provided final copies of their report "Final Phase I and Phase II Remediation Report, October 2000 through March 2002, RTRVP" dated June 28, 2002 to CSP. |
Rich Sundet |
| 6/28/2002 |
Update or Other Action |
On 6/28/02, CS issued an updated Site Summary for the cleanup of River Terrace RV Park and posted it on the DEC web page. The summary was also mailed to interested individuals, including state legislators, on CS's mailing list for this site along with a cover letter on 6/28. |
Rich Sundet |
| 7/2/2002 |
Update or Other Action |
On 7/2/02, CSP provided Jim Gill the following final reports from its term contractor Oasis/Bristol JV:
- Report titled “Final Quarterly Groundwater Monitoring Report January 2002 River Terrace RV Park Soldotna, Alaska” dated June 4, 2002.
- Report titled “Final Quarterly Groundwater Monitoring Report March 2002 River Terrace RV Park Soldotna, Alaska” dated June 28, 2002.
- Report titled “Final Phase I and Phase II Remediation Report October 2000 through March 2002 River Terrace RV Park Soldotna, Alaska” dated June 27, 2002. |
Rich Sundet |
| 7/3/2002 |
Update or Other Action |
On 7/2/02 Frechione approved of the funding request to finalize the sediment report for the May 2002 investigation for $2,245.58.
On 7/3/02, SPAR contracting office issued a new NTP 1870002501A to Oasis for $2,243.71 to complete the final report for the sediment investigation. CC18528497 LC14974360.
Earlier CSP Manager approved a funding request for $24,072.24 for Oasis/Bristol JV to perform a sediment investigation adjacent to RTRVP using CIP monies from FY01, CC code 18528487.
Later on 4/12/02, ADEC issued NTP 1820121249A to Oasis/Bristol JV to perform the sediment investigation for $22,605.29. |
Rich Sundet |
| 7/3/2002 |
Update or Other Action |
On 7/2/02 Frechione approved of the funding request to finalize the Draft and Final June 02 Monitoring report for the June 2002 GW investigation for $4,065.79.
On 7/3/02, SPAR contracting office issued a new NTP 1870002502A to Oasis for $4,063.08 to complete the draft and final June report for the quarterly investigation that was effective from 10/01 - 6/30/02 (i.e., NTP 1820121241A to Oasis/Bristol JV for $93486.92). Coding was to CC18528497 LC14974360.
Earlier CSP Manager approved a funding request for $24,072.24 for Oasis/Bristol JV to perform a sediment investigation adjacent to RTRVP using CIP monies from FY01, CC code 18528487.
Later on 4/12/02, ADEC issued NTP 1820121249A to Oasis/Bristol JV to perform the sediment investigation for $22,605.29. |
Rich Sundet |
| 7/19/2002 |
Update or Other Action |
In a letter dated 7/19/02, DOL notified Norton that in follow-up to DOL's meeting with him on 7/11/02 and with Bill Sykes on 7/17, DOL outlined the only option identified in the KPMG report to address the Hinkles' immediate cash flow problem. That solution would be, subject to confirmation by the affected state and federal agencies:
-Hinkles would commit to remove and spread the waste piles before freeze-up. Failure would cause EPA debt deferral below to be void.
-EPA would defer collection of the Hinkles' debt to EPA for 3 years. Interest would accrue at the statutory CERCLA rate and no payments to EPA for 3 years.
-EPA would record a CERCLA lien against RTRVP and the state would subordinate its current lien to the EPA lien.
-After 3 years, the Hinkles would pay EPA in full with interest. If this required private financing, the state would cooperate in any reasonable proposal to substitute a bank security interest for the EPA lien with priority over the state lien.
The letter further noted that this solution would resolve the Hinkles cash flow problem identified in the KPMG report and leaves the Hinkles with a large cash reserve over the next 3 years.
The letter noted that if the Hinkles wanted to proceed with this solution that they needed to inform DOL by 7/24/02. |
Rich Sundet |
| 7/24/2002 |
Update or Other Action |
In response to Norton's 7/23/02 telephone call who informed DOL that the Hinkles' did not accept DOL's 7/19 offer, DOL issued a letter on 7/24/02.
The 7/24 letter noted that two past payments are past due totaling $20,000. The letter also noted that the Hinkles' were entitled to a $1,775.00 refund remaining from their $10,000 deposit to cover the recent KPMG audit. DOL requested input from the Hinkles whether to apply the monies toward the $20,000 dept or a refund it to them. (On 8/2/02, in a conversation between Gary Hinkle and Kay Rawlings of DOL, Hinkle requested that DOL refund Hinkle). |
Rich Sundet |
| 7/26/2002 |
Update or Other Action |
In a 7/26/02 dated submittal, Oasis provided a proposal for $272,689.27 to perform work in specified in the 6/27/02 RFP except for the request to perform a pilot demonstration using methanol as substrate in conjunction with bioaugmentation. DEC had determined to eliminate this aspect of the RFP during previous weeks discussion with Oasis because the work would not be competed prior to the onset of winter thus costs would be significantly increased. This revised RFP replaced the earlier 7/8/02 RFP to perform all of the work in the 6/27/02 RFP at $405,987.69. |
Rich Sundet |
| 8/5/2002 |
Update or Other Action |
In a 8/5/02 email, Sundet requested funding approval for $272,689.27 to perform the Phase III treatment at River Terrace RV Park in response to Oasis' revised proposal dated 7/26/02, which CSP received on that data via email. The work would include injecting HRC into the upper and lower plumes, performing a pilot bioaugmentation study around MW-9 in the lower plume, perform quarterly monitoring for compliance purposes at selected wells, install up to three monitoring wells to better determine the groundwater regime in the upper plume around the former dry cleaner building and better qualify the source of the on-going PCE contamination in that area, install two borings in the lower plume area to better determine the level of soil contamination remaining and iron levels, provide technical support to DEC such as during local Kenai meetings on the cleanup work, and complete the June 2002 groundwater report that was part of a previous NTP that expired (last task in that NTP). Quarterly groundwater reports, and brief interim reports and a final report on the bioaugmentation study would be provided as w ell. As for the past year, about 98K of the total amount is to fund the quarterly groundwater sampling.
The work will not include using methanol as a control substrate in addition with HRC. Use of methanol was originally proposed because it is believed that HRC increases the available iron in the lower plume, thus impeding the breakdown of cis DCE. However, because we need a full three months to monitor and methanol needs to be injected on a daily basis (thus a large cost especially during the fall/winter of 2002) it was determined to bioaugment while still using HRC as the substrate of choice for this summer. Dependent upon the findings, methanol may be needed as a substitute substrate next year.
The NTP would be issued for work through June 30, 2003. |
Rich Sundet |
| 8/8/2002 |
Update or Other Action |
CSP provided comments to Oasis Environmental in a marked up copy of their draft report "Kenai River Sediment Sampling RTRVP" dated 6/28/02. |
Rich Sundet |
| 8/15/2002 |
Update or Other Action |
In a letter dated 8/15/02 to the AG's Office, the Hinkles responded to the latest KPMG financial analysis evaluating their ability to pay the judgment held against RTRVP. The Hinkles requested forgiveness of the judgment and release of the lien, and a 2 yr. reprieve from EPA for the debt to that agency which would allow the Hinkles to be able to move the two stockpiles, restore income, and reestablish some of the property value. |
Rich Sundet |
| 8/23/2002 |
Update or Other Action |
In a letter dated 8/23/02, the Attorney General's Office responded to Gary Hinkle's 8/15/02 letter that was received on 8/19, in which Hinkle noted that he was awaiting the AG's decision.
The 8/23/02 letter stated that the A.G.'s office had worked hard since the KPMG second report came out in July 2002 to develop a way to manage the problem identified in the KPMG report. The letter noted that the A.G.'s office had worked with Hinkles' representatives Bill Sykes and Virgil Norton, and with EPA legal counsel to develop a way to address the problem in a manner everyone considered fair. Some issues of that solution such as quarterly payments to the state could still be refined if the Hinkles were willing to negotiate seriously, however, the Hinkles walked away from the negotiations. |
Rich Sundet |
| 9/3/2002 |
Update or Other Action |
CSP provided a marked up copy with comments of Oasis' "Draft Quarterly Groundwater Monitoring Report June 2002" dated August 30, 2002 to Oasis on September 3, 2002. |
Rich Sundet |
| 9/10/2002 |
Update or Other Action |
In a letter dated 9/10/02, the A.G.'s office responded to Hinkles' 9/6/02 letter and an undated letter which were delivered to the A.G.'s office on 9/9/02 by Bill Sykes. The Hinkles' undated letter was in response to the A.G.'s office's 8/23/02 letter regarding Hinkles' financial situation, referenced the attached Sept. 6th letter and stated that they accepted the state's offer to defer quarterly interest payments, with the caveat that this action would not by itself solve their financial crises. The undated letter also stated that by moving the two dirt piles and repairing the RV park would deplete their cash reserves so they will also have to defer the EPA debt as well. Hinkles' 9/6 letter was a more detailed response to the A.G.'s office's 8/23/02 letter.
The A.G.'s 9/10/02 letter noted that it had taken more than 2 weeks to respond to their 8/23 letter and because of pending freeze-up it may be difficult for the Hinkles' to do what they need to do (i.e., result in moving the waste piles and eliminate their immediate cash flow problem). The A.G.'s letter stated what the Hinkles must do, as reflected in the A.G.'s 7/19/02 letter, to obtain the negotiated offer so that the waste piles could be moved and eliminate their immediate cash flow problem:
1) Hinkles must commit in writing to remove and spread the waste piles before freeze-up and show that they are making the necessary arrangements with all tenants, Hart Crowser, and excavators.
2) Hinkles must find out from EPA whether the EPA offer is still available.
3) Hinkles must commit in writing of their willingness to accept the terms of the EPA offer, if available, including consent to the recording of an EPA lien on RTRVP.
4) If Hinkles want a deferral of state quarterly interest payments, they have to negotiate the terms with Larry Dietrick then cooperate with the A.G.'s office to make a joint motion to the court to modify the consent decree. |
Rich Sundet |
| 9/15/2002 |
Update or Other Action |
In a letter dated 9/15/02, Gary Hinkle responded to the A.G.'s letter of 9/10 that was received on 9/12/02. Hinkle confirmed that Bill Sykes and Virgil Norton represent him. Hinkle also noted that a recent state law was passed whereas property owners needed to give their tenants 9 months before eviction if there is going to be a change of land use and that tenants cannot be required to move in winter, and that the opportunity to move mobile homes before freeze-up has passed. |
Rich Sundet |
| 9/17/2002 |
Update or Other Action |
On 9/17/02, Oasis Environmental provided CSP copies of the final report for the 6/02 groundwater event titled "Final Quarterly Groundwater Monitoring Report, June 2002 River Terrace RV Park Soldotna, Alaska" dated 9/4/2002. |
Rich Sundet |
| 9/17/2002 |
Update or Other Action |
In a letter dated 9/17/02, the A.G.'s Office discussed the Hinkle situation with Neil Cowie, legal counsel with Region X. The A.G.'s office referred to Hinkle's 9/15/02 letter in which Hinkle stated that he could not move the trailers this year. The A.G.'s letter also requested that if EPA and Hinkles arrive at an arrangement to defer or forgive the Hinkles' dept to inform the A.G.'s Office. Also, the letter reiterated that their understandings of the AOC between EPA and the Hinkles that the AOC was still in effect and urged EPA to enforce the AOC or use federal resources to move the waste piles generated during work performed during the AOC. |
Rich Sundet |
| 9/18/2002 |
Update or Other Action |
At the request of Sundet, Oasis submitted a new proposal for two of the tasks that were part of their July 26, 2002 proposal for further assessment, monitoring and cleanup at RTRVP. The two tasks were to perform quarterly groundwater monitoring and to provide technical support to DEC through 6/30/03. The proposal was for $112,667.84.
Later on 9/19/02, SPAR Director Dietrick approved the funding request for this proposal. The project's funding was to: CC 18528671 LC 14974360 ( FY03; using 02 Private Sites CIP monies). |
Rich Sundet |
| 9/19/2002 |
Update or Other Action |
On 9/19/02, at the request of the KRSMA advisory board, Jim Frechione gave an update of the cleanup at RTRVP. At the meeting, Jim handed out an updated DEC Site Summary of the RTRVP cleanup. |
Jim Frechione |
| 9/19/2002 |
Update or Other Action |
An updated Site Summary was issued to the KRSMA advisory board and made available to the public. |
Rich Sundet |
| 9/19/2002 |
Update or Other Action |
SPAR Contract Manager Pexton issued NTP18700025-08 to Oasis for $112,667.84 to perform quarterly groundwater monitoring and provide technical support to DEC through 6/30/02. The project was charged to CC 18528671 LC 14974360; 02 CS Private Sites CIP. |
Rich Sundet |
| 9/24/2002 |
Update or Other Action |
On 9/24/02, Oasis Environmental provided CSP two copies of the final work plan for the sediment investigation titled "Final Work Plan Kenai River Sediment Sampling River Terrace RV Park Soldotna, Alaska" dated 5/17/2002 and copies of the work plan for groundwater monitoring from 9/02 - 6/03 "Final Work Plan Groundwater Monitoring River Terrace RV Park Soldotna, Alaska" dated 9/24/02. |
Rich Sundet |
| 9/25/2002 |
Update or Other Action |
CSP issued the updated Site Summary, which had been handed out at the 9/19/02, KRSMA meeting, to those individuals on the RTRVP mailing list including several legislators. |
Rich Sundet |
| 9/27/2002 |
Update or Other Action |
In follow-up to the 9/19/02 KRSMA meeting, Frechione issued a letter to KRSMA regarding several questions/issues that were raised at the 9/19 KRSMA meeting. One of the sites the board had issues with was the status of the RTRVP site and the 9/19 letter addressed several issues that the board raised including: cleanup action using HRC, sediment findings, storm water results in the adjacent DOT storm water sewer outfall, and DEC coordination with DOT on the contamination issue as related to the upgrade of the bridge/Sterling Highway next to the RTRVP site. |
Jim Frechione |
| 10/4/2002 |
Update or Other Action |
On 10/4/02, SPAR Director Dietrick approved the 9/23/02 funding request for $160,000.00 to Oasis Environmental to perform a pilot bioaugmentation study, Phase III HRC injection, and further characterization at the site. (The total for the three tasks were The total cost for the three tasks was $159, 977.76.
The three tasks were separated out from the original 8/5/02 proposal for $272,689.27 that also included the tasks of quarterly groundwater monitoring and Oasis provide technical assistance to CSP (a NTP was issued on 9/19/02 for those two separate tasks). |
Rich Sundet |
| 10/15/2002 |
Update or Other Action |
On 10/15/02, SPAR Contract Manager Pexton issued NTP 1870025-10 to Oasis Environmental for a pilot bioaugmentation study, Phase III HRC injection, and further characterization at the site. |
Rich Sundet |
| 10/23/2002 |
Update or Other Action |
CSP reviewed and provided comments via e-mail to Oasis regarding their 10/22/02 workplan "Draft Bioaugmentation River Terrace RV Park" that was provided to CSP on 10/23 via e-mail. |
Rich Sundet |
| 11/21/2002 |
Update or Other Action |
CSP transmitted to Jim Gill final workplans from Oasis for the 2002 pilot bioaugmentation study (dated 10/24/02) and assessment activities (dated 10/25/02), and laboratory data from the 9/02 groundwater sampling event. |
Rich Sundet |
| 12/31/2002 |
Update or Other Action |
On 12/31/02, CSP provided comments via email to Oasis regarding their "Draft Initial Status Report Bioaugmentation" report dated 12/19/02. |
Rich Sundet |
| 1/2/2003 |
Update or Other Action |
CSP discussed with Matt Carr the draft letter CSP provided to Carr on 12/19/02 regarding Hart Crowser's 12/10/02 revised workplan to dispose of the two treated stockpiles on RTRVP property. Carr verbally approved the draft letter to be sent.
Upon the conversation with Carr, CSP issued a letter to Jim Gill conditionally approving the 12/10/02 dated revised stockpile disposal plan. |
Rich Sundet |
| 1/2/2003 |
Update or Other Action |
On 1/2/03, CSP hand delivered marked up copies with comments of Oasis' draft reports "2002 Assessment Activities Draft Report" dated 12/30/02 and "September 2002 Groundwater Event" dated 12/30/02. |
Rich Sundet |
| 2/28/2003 |
Update or Other Action |
In a letter dated 2/28/03, Chris Field of EPA issued a letter to the SPAR Director that if Hinkle does not complete the dismantling of the two treated stockpile cells by June 15, 2003, that EPA is prepared to carry out the final action and seek cost recovery. |
Rich Sundet |
| 3/10/2003 |
Update or Other Action |
On 3/7/03, CSP received Oasis' draft report "River Terrace Quarterly Compliance Monitoring Draft December 2002 Report." The report was dated 3/6/03. CSP provided a marked up copy of the draft report to Oasis with its comments on 3/10/03. |
Rich Sundet |
| 3/18/2003 |
Update or Other Action |
On 3/18/03, CSP received copies of the final groundwater monitoring report for the December 03 sampling event at RTRVP by Oasis. |
Rich Sundet |
| 4/7/2003 |
Update or Other Action |
On 4/7/03, the CSP provided to Jim Gill its term contractor Oasis Environmental (Oasis) quarterly groundwater sampling report of work performed in December 2003. The CSP transmittal letter also provided Gill with preliminary laboratory data from Oasis for the March 2003 groundwater monitoring event. In addition, the provided Gill with further findings from its 2/4/03 sampling event regarding the pilot bioaugmentation study. In its 2/4/03 letter to Gill, the CSP provided him the volatile organic compound (VOC) concentrations for work performed on February 4. As you are aware, the bioaugmentation injection was performed on October 25, 2002 in accordance to the plan. |
Rich Sundet |
| 4/15/2003 |
Meeting or Teleconference Held |
On 4/15/03, Sundet and Richmond of CSP met with McDougall and Paris of Oasis, and Jim Gill of Hart Crowser. The focus of the meeting was to discuss the next steps of characterization and cleanup at the site based upon past findings. Three issues were discussed in detail: how to address the contamination that has apparently stalled at the cis DCE stage; address the high level of PCE contamination recently found in the deeper area at MW-44; and, address the contamination under the former dry cleaner building that periodically flows towards the highway depending upon the gradient, i.e., sometimes the gradient shows a reversal in this area. Recommendations included: continuation of the in situ biological treatment in the upper plume; installation of up to 3 monitoring wells in the area of MW-44 to determine the extent of contamination in this area; perform a microcosm study to assist in the design of the next phase of site remediation in the lower plume; and, inject a new substrate in the area of the pilot bioaugmentation study in the lower plume. |
Rich Sundet |
| 5/8/2003 |
Update or Other Action |
On 5/8/03, DEC received a memorandum from Oasis dated 5/6/03 regarding preliminary conclusions and recommendations from the 4/14/03 meeting between CSP staff, Oasis staff and Jim Gill. Recommendations included: continuation of the in situ biological treatment in the upper plume; installation of up to 3 monitoring wells in the area of MW-44 to determine the extent of contamination in this area; perform a microcosm study to assist in the design of the next phase of site remediation in the lower plume; and, inject a new substrate in the area of the pilot bioaugmentation study in the lower plume. |
Rich Sundet |
| 6/11/2003 |
Update or Other Action |
On 6/11/03, DEC approved HartCrowser's workplan "River Terrace-Final Sampling" dated 6/10/03. The workplan was a modification to a portion of the 12/10/02 dated workplan that was approved by CSP and EPA. The modified plan requested a reduced sampling frequency to the 12/12/02 plan to sample the soils under the removed two stockpiles and the 6/10 plan proposed to sample the landspread soils from the two stockpiles that is estimated at 3,000 cys. The letter also noted that the agencies did not require further sampling of the stockpiles because those soils were already sampled and the data is contained in the HartCrowser report "Treatment Cell Closure Sampling River Terrace RV Park" dated 8/18/99 and it showed that no sample exceeded its ACL for PCE or its degradation products. The DEC 6/11 letter also notified Hinkle that EPA had informed him in its 11/20/2000 letter that the only field task remaining regarding the excavation work was that the soil needed to be landspread on site in coordination with the agencies. |
Rich Sundet |
| 6/12/2003 |
Update or Other Action |
Around 6/11 and 12/03, under the oversight of Hart Crowser, the two remediated stockpiles were relocated to the upland area of River Terrace RV Park in accordance to their approved workplan. Some of the soil still needs to be spread in the various terraces constructed at the site and hydroseeded. |
Rich Sundet |
| 7/1/2003 |
Update or Other Action |
On 7/1/03, DEC issued a RFP to Oasis with an attached SOW to perform an investigation to evaluate alternatives to accelerate bioremediation at two Alaska sites: RTRVP and ADOT Peger Road in Fairbanks (referred to as the microcosm study). The work would be performed in conjunction with the USGS. The investigation includes evaluating several substrates to accelerate bioremediation; measure in situ hydrogen concentration; developing decay rates for TCE and DEC and vinyl chloride; assess the potential for other DCE and vinyl chloride degradation processes; and, perform other analyses such as what impact iron has upon the degradation process. |
Dennis Harwood |
| 7/11/2003 |
Update or Other Action |
In a submittal dated 7/11/03, Oasis provided a proposal to DEC in response to its 7/1/03 RFP for a microcosm study at RTRVP and ADOT Peger Road. The total cost of the work at the two sites was $185,493.77. However, USGS had agreed to fund their portion of the work at 45% and only bill ADEC 55% of their work on this project. Therefore, the cost to DEC for the project was $120,040.77. |
Rich Sundet |
| 7/30/2003 |
Update or Other Action |
On 7/30/03, SPAR Director Dietrick approved of the microcosm study for $120,041.00. |
Rich Sundet |
| 8/5/2003 |
Update or Other Action |
On 8/5/03, Oasis signed NTP 18700025-19 for $120,040.77 to perform the microcosm investigation. |
Rich Sundet |
| 8/12/2003 |
Update or Other Action |
On 8/12/03, DEC received Hart Crowser's report "June 2003 Soil Sampling River Terrace RV Park" dated 8/11/03. The report documented activities to landspread the two treated soil stockpiles on RTRVP property, in accordance to workplans dated 10/15 and revised versions dated 12/10/02 and 6/10/03. The 6/10/03 version was approved by DEC and EPA on 6/11/03. |
Rich Sundet |
| 8/28/2003 |
Update or Other Action |
In follow-up to a 8/22/03 meeting between Chris Kennedy of the A.G.'s Office and Virgil Norton and Bill Sykes, on 8/28/03 the A.G.'s Office issued a letter to the Hinkles that basically stated that as long as there is an unpaid balance on the settlement, that the $10,000 quarterly interest payment will be added to the principal due upon expiration of the 10 year term stated within the settlement. In addition, the letter noted that the State is willing to negotiate with the U.S. government to possibly subordinate its lien on the RTRVP property to the U.S. for costs incurred by EPA at RTRVP. |
Rich Sundet |
| 8/29/2003 |
Update or Other Action |
In a letter dated 8/29/03 (hand delivered on 9/2/03), CSP provided preliminary results of the June 03 groundwater sampling event to Herminio Muniz of Hart Crowser. The data is considered preliminary because Oasis staff have not yet validated by Oasis. The data shows that HRC continues to degrade the PCE to cis DCE, and that some sentry wells continued to exceed cleanup levels for cis DCE. The data also continues to show that the deeper MW-44 has high PCE concentrations, i.e., 20,600 ug/L. The data also indicates that the microorganisms injected for the pilot bioaugmentation study in the area of MW-9 shows promise to degrade the cis DCE because vinyl chloride continues to increase in concentration, up to 599 ug/L at injection point L-13, and ethene was first detected at the site at that point in June. The letter also informed Hart Crowser and the Hinkles of the up coming work proposed at the site including a study to evaluate alternatives to accelerate bioremediation at the site. |
Rich Sundet |
| 9/4/2003 |
Update or Other Action |
DEC term contracting program issued a Request for Proposal to Oasis to perform another year of quarterly groundwater monitoring for compliance purposes and to evaluate the performance of the HRC and bioaugmentation study. The RFP also included tasks to assist DEC staff, such as during public meetings, and to install up to 3 monitoring wells in the area of MW-44 to delineate the contamination in that area. |
Rich Sundet |
| 9/8/2003 |
Update or Other Action |
On 9/8/03, DEC received a proposal from Oasis for $122,303.53 to perform quarterly groundwater monitoring, investigate the extent of the contamination around MW-44 and provide technical assistance through June 30, 2004. |
Rich Sundet |
| 9/9/2003 |
Meeting or Teleconference Held |
Sundet attended a meeting at DOT with approximately 20 agency stakeholders regarding DOT's presentation on the plan to upgrade the Sterling HWY Kenai River Bridge. Issues and concerns discussed included navigation, impacts to water quality, fish, and the cleanup activities at River Terrace RV Park. A temporary bridge is proposed to be installed just upriver of the existing bridge. Monitoring wells along the Sterling HWY and several where the temporary bridge will be installed at the junction of the existing highway are expected to be destroyed and abandoned. It is not expected that the work will impact the ongoing remediation work or the sentry wells along the river. |
Rich Sundet |
| 9/10/2003 |
Update or Other Action |
In a 9/11/03 letter from Chris Kennedy of the A.G.'s Office to Representative Kelly Wolf, the A.G.'s Office provided further information to Rep. Wolf regarding the summary of federal funding for the RTRVP cleanup. This was in follow-up to a teleconference on 9/10/03 between Rep. Wolf, Commissioner Ballard and Kennedy.
The letter noted that Sen. Stevens had provided the State through an EPA State and Tribal Assistance (STAG) grant $2.9 M. The grant was based upon a 45% State match. Thus far, the State has received about $2.0 M. Other cleanup/monitoring work is on-going or proposed so it is likely that the State will be reimbursed by EPA for this work, i.e., the remainder of the $2.9 M. Other federal monies involved was EPA oversight of work performed by Hinkle (i.e., the removal of soil in 1997 and the treatment of that soil) and a recent agreement with the USGS in that USGS would perform a microcosm study, i.e., to investigate alternative to accelerate bioremediation at the site. The USGS work also was a match with the USGS funding 45% and the State 55%. |
Rich Sundet |
| 9/11/2003 |
Update or Other Action |
On 9/11/03, DEC and USGS signed a joint funding agreement for the USGS to perform the microcosm study. Previously, the USGS portion was within NTP 18700025-19 issued to Oasis for $120,040.77 to perform the microcosm investigation. After the original NTP was signed, it was determined by USGS administration that it could not perform the investigation unless it was in a funding agreement directly with the State. The essence of the 9/11/03 funding agreement remained the same as reflected in the NTP, however, in that the total cost of the USGS work would be $145,453.00 for both the RTRVP and AKDOT Peger Road sites with the USGS paying for 45% of the work ($65,453.00) and the State paying 55% of the work ($80,000.00). The NTP with Oasis is to be amended to reflect the funding agreement directly with USGS. |
Rich Sundet |
| 9/12/2003 |
Update or Other Action |
On 9/12/03, NTP 18700025-19 was amended with Oasis to NTP 18700025-19B for $40,040.77 to perform the microcosm investigation. The portion to be billed to RTRVP is $24,403.81. The NTP was amended to reflect the recent funding agreement signed between the State and USGS in which that portion that the USGS was funded for was now being handled in a separate agreement between the two agencies. |
Rich Sundet |
| 9/16/2003 |
Update or Other Action |
On 9/16/03, DEC received Oasis' workplan "Final Work Plan Alternatives to Accelerate Bioremediation River Terrace RV Park" dated 9/11/03. The workplan was verbally approved by DEC on 9/16/03. |
Rich Sundet |
| 9/18/2003 |
Update or Other Action |
On 9/18/03, DEC, Oasis and USGS staff collected groundwater samples at RTRVP as part of the microcosm study that USGS was performing in cooperation with DEC. |
Rich Sundet |
| 9/23/2003 |
Update or Other Action |
On 9/23/03, SPAR Director Dietrick approved the funding request for $122,303.53 to perform quarterly groundwater monitoring, investigate the extent of the contamination around MW-44 and provide technical assistance through June 30, 2004.
Later on 9/23/03, NTP 1870002523 was issued to Oasis for $122,303.53. |
Rich Sundet |
| 9/30/2003 |
Update or Other Action |
In a letter dated 9/30/03, SPAR Director Dietrick responded to Rep. Kelly Wolf's 9/18/03 letter and in follow-up to their conversation on 9/18/03. In his letter, Rep. Wolf requested clarification to the projected expenses to cleanup the RTRVP site. Rep. Wolf also requested why the State's estimated costs were higher than the Hinkles' contractor Hart Crowser's estimate. Rep. Wolf also provided two letters from Hart Crowser to Hinkle that estimates cleanup costs from FY2004 to FY2008 at $575,000.
The Director's letter noted that the State needed to prepare for the worst case scenario if the present remediation system does not work to meet cleanup objectives. Therefore, different remedial systems may have to be installed. On this basis, it may be necessary to install a permeable reactive wall barrier in the lower plume area and install an air sparging system in the upper plume area. Estimated costs for these installations and monitoring between FY2004 and FY2008 is $2,383,000.
The Director's letter also noted that if the proposed bioaugmentation and HRC efforts work, then costs would be substantially reduced from the worst case scenario. The letter also noted that the Department is very cognizant of the costs but the protection of the Kenai River is critical. |
Rich Sundet |
| 10/14/2003 |
Update or Other Action |
On 9/11/03, DEC and USGS signed a joint funding agreement for the USGS to perform the microcosm study. On 10/14/03, DEC received the final USGS signed Joint Funding Agreement dated 10/7/03 from Marjorie Davenport, District Chief of the USGS.
Previously, the USGS portion was within NTP 18700025-19 issued to Oasis for $120,040.77 to perform the microcosm investigation. After the original NTP was signed, it was determined by USGS administration that it could not perform the investigation unless it was in a funding agreement directly with the State. The essence of the 9/11/03 funding agreement remained the same as reflected in the NTP, however, in that the total cost of the USGS work would be $145,453.00 for both the RTRVP and AKDOT Peger Road sites with the USGS paying for 45% of the work ($65,453.00) and the State paying 55% of the work ($80,000.00). The NTP with Oasis is to be amended to reflect the funding agreement directly with USGS. |
Rich Sundet |
| 10/15/2003 |
Update or Other Action |
CSP reviewed and provided comments to Oasis in marked up draft copies of the following Oasis reports "Draft Quarterly Groundwater Monitoring Report March 2003 River Terrace RV Park" dated 6/9/03 (received on 6/11/03) and "Draft Quarterly Groundwater Monitoring Report June 2003 River Terrace RV Park" dated 10/6/03 (received on 10/7/03).
CSP also provided comments to Oasis regarding their draft 10/2/03 dated "Addendum
Final Work Plan Alternatives to Accelerate Bioremediation, River Terrace RV Park, Soldotna, Alaska," which is an addendum to the Oasis' 11 September 2003 Final Work Plan Alternatives to Accelerate Bioremediation, River Terrace RV Park, Soldotna, Alaska." The formal comments on the workplan had been discussed with Oasis staff in early October 03 in response to an earlier draft version of the amendment. |
Rich Sundet |
| 10/27/2003 |
Update or Other Action |
In response to Rep. Wolf's request for recent data on RTRVP, in a letter dated 10/27/03, Oasis provided Rep. Wolf copies of their recently finalized June 2003 quarterly monitoring report, and laboratory reports for the September 2003 soil and groundwater samples collected from RTRVP. Oasis also notified Rep. Wolf that they recently received the data from the lab for the October 03 sampling last week and will send it and an updated Table 2-2 (was sent previously by Oasis to Wolf by e-mail) shortly. |
Rich Sundet |
| 11/3/2003 |
Update or Other Action |
In follow-up to their 10/27/03 letter to Rep. Wolf, in a letter dated 11/3/03, Oasis provided Rep. Wolf the lab reports for the October 03 groundwater samples and noted that they had provided him with an updated Table 2-2 last week. |
Rich Sundet |
| 11/4/2003 |
Update or Other Action |
On 11/4/03, NTP 18700025-08C was amended to modify a change in the tasks. The total amount of the NTP remained the same because sufficient funds remained in the NTP for previous tasks (i.e., $112,667.84). The amended work was described in an Oasis proposal dated 11/3/03 that stated that they would decommission MW-15, 17 and 18 because they are in the pathway of the proposed Sterling HWY detour bridge, and well points MW-27 and MW-27A and monitoring well MW-32 be decommissioned because their integrity has been compromised. The total cost of the decommissioning was estimated at $4,058.00 and as noted above, Oasis stated that there was sufficient remaining funds so additional funding request was not required. |
Rich Sundet |
| 11/13/2003 |
Update or Other Action |
In a letter dated 11/13/03, CS transmitted the final reports from Oasis to Hart Crowser for the March and June 2003 groundwater sampling events. |
Rich Sundet |
| 12/10/2003 |
Meeting or Teleconference Held |
A teleconference occurred with DOT staff, including Judy Dougherty and Laurie Mulcahy, Sundet of DEC and Jane Paris of Oasis to discuss a draft DOT procedure manual to be included into the bid proposal for the Sterling Highway/Bridge upgrade project. Discussion focused on that the plan would state that emphasis would be placed upon not generating any waste soil or wastewater. |
Rich Sundet |
| 12/15/2003 |
Update or Other Action |
In a letter dated 12/15/03, Oasis provided discs to Harwood in DEC for the final groundwater reports for the December 2002, and March and June 2003, sampling events. |
Rich Sundet |
| 1/5/2004 |
Update or Other Action |
On 1/5/04, Sundet provided comments via email to Paris of Oasis regarding Oasis' draft Phase III HRC Injection Activities report dated 12/17/03. The report was received by DEC on 1/22/03 and discussed the work performed during the injection of HRC in November 03. |
Rich Sundet |
| 1/15/2004 |
Meeting or Teleconference Held |
On 1/15/04, Sundet and Tim McDougal of Oasis gave a presentation before the KRSMA board in Soldotna regarding the status and future planned monitoring and cleanup work at RTRVP. |
Rich Sundet |
| 1/16/2004 |
Update or Other Action |
In three letters dated 1/16/04, Pring-Ham provided Bill Gissel of EPA annual performance reports for State fiscal years 2002 and 2004, and semiannual performance report for 2004. |
Cindy Thomas |
| 1/28/2004 |
Update or Other Action |
In a letter dated 1/28/04 to Bill Gissel of EPA, Cynthia Pring-Ham provided EPA an amendment for the groundwater remediation project and requested that EPA allow the State to be reimbursed for the remaining monies (i.e., $933,170) from the $2,903,522.00 matching grant. Details for the request for EPA to provide the 55% match monies (45% of the monies for the assessment/cleanup work was provided by DEC) were provided in the DEC submittal. |
Rich Sundet |
| 2/6/2004 |
Update or Other Action |
In a letter dated 2/6/04, DOL notified the Hinkles that DOT&PF needs a temporary construction easement in order to proceed with the Sterling HWY improvements and that it appears that they (Hinkles) have been unable to come to terms with DOT. The letter further outlined two options to resolve this issue including DOT paying $90,000 for temporary use of the land to construct the temporary bridge. The letter further stated that if neither option is acceptable that DOT will file for condemnation if DOT does not hear back by 2/17/04.
(DEC has been in coordination with DOT regarding this upgrade project to ensure that the upgrade work will not impact the cleanup and DOT is up to date on the contamination levels to minimize impact and unnecessary costs to the upgrade project, e.g. disposal of waste generated soils or purge water.) |
Rich Sundet |
| 2/11/2004 |
Update or Other Action |
On 2/11/04, CSP provided comments via a marked up copy to Oasis regarding their draft "River Terrace Quarterly Compliance Monitoring Draft September/October 2003 Report" dated February 10, 2004 and their draft "Interim Status Report Alternatives to Accelerate Bioremediation River Terrace RV Park" dated 1/9/04. |
Rich Sundet |
| 2/12/2004 |
Update or Other Action |
Harwood of SPAR's contractual section requested a proposal from Oasis to perform a sediment investigation at RTRVP similar to which was performed in 2002 and compare the findings to prior sediment investigations done at the site in 1997, 1999 and 2002. |
Rich Sundet |
| 2/19/2004 |
Update or Other Action |
On 2/19/04, DEC provided comments to DNR regarding the ACMP permit application for the Soldotna Urban project by ADOT to upgrade the Sterling Highway in the area of the bridge and RTRVP. |
Rich Sundet |
| 2/25/2004 |
Update or Other Action |
File number assigned: 2333.38.014. |
Sarah Cunningham |
| 2/27/2004 |
Update or Other Action |
Dietrick and Frechione met w/Virgil Norton and Jim Gill at the request of Norton. Gill discussed concentration trends of contaminants and whether natural attenuation would be prudent. Norton summarized the litigation aspect of the case. DEC advised that DEC's obligation, since the settlement agreement, was to complete the cleanup and that it was necessary for us to plan for contingencies and react to uncertainties and as a result cannot commit to a single number for cleanup while recognizing that the ability to refine treatment needs and the related costs continues to improve. DEC informed Norton and Gill that it would provide them EPA grant information and the January 2004 groundwater monitoring data when it was available. |
Rich Sundet |
| 3/8/2004 |
Update or Other Action |
SPAR Director Dietrick provided a written response to Virgil Norton's 2/19/04 dated letter and in follow-up to his meeting with Norton and Gill on 2/27/04. The response also included information as requested for the total state funds spent to date and the amount of the EPA grant funds received to date. The letter also noted that DEC intends to seek reimbursement for additional state costs that are determined t be eligible by EPA under their grant rules. The letter also noted that the State does not generate profits from cleanups. (The subject grant is a matching grant with the EPA with EPA reimbursing the State 55% of its cleanup costs up to a total of $2.9 million. As the table in the Director's response shows, the total cost of the cleanup is $3.51 million with $1.96 million paid for by the State and EPA reimbursing DEC for an additional $1.55 million.) |
Rich Sundet |
| 3/9/2004 |
Update or Other Action |
In a letter dated 3/9/04, Deputy Commissioner Fredriksson responded to Rep. Wolf's request for a summary of state expenditures associated with the investigation, monitoring, and cleanup of contamination at the RTRVP site. DEC provided Rep. Wolf provided a copy of the 3/8/04 letter from Director Dietrick to Virgil Norton who had requested the same information. |
Rich Sundet |
| 3/9/2004 |
Update or Other Action |
On March 9, 2004, funding approval was granted by SPAR Director Dietrick 2004 for $19,279.82 for Contaminated Site Program's term contractor, Oasis Environmental, to perform a sediment investigation at River Terrace RV Park in spring. Data collected will be compared to previous findings in 1997, 1999 and 2002, and assist in evaluating the past excavation cleanup in 1997 and the ongoing groundwater treatment system. NTP #1870002525 was later issued on March 9, 2004 for $19,279.82 to Oasis. |
Rich Sundet |
| 3/16/2004 |
Update or Other Action |
On 3/16/04, Sundet discussed w/Gill that DEC would be providing him with several recent Oasis final reports and workplans, and January 2004 groundwater monitoring data regarding the RTRVP site. Sundet also noted that DEC would be performing another sediment investigation this spring.
On 3/17/04, Sundet dropped off the following reports and data with Gill:
Reports/Workplans
-“Workplan Alternatives to Accelerate Bioremediation” dated September 11, 2003;
-“Workplan Groundwater Monitoring” dated October 2, 2003;
-“Addendum to Workplan Alternatives to Accelerate Bioremediation (dated September 11, 2003) and Workplan Groundwater Monitoring (dated October 2, 2003)” dated January 9, 2004;
-“Phase III HRC Injection Activities Final Workplan” dated January 6, 2004;
-“Final Letter Report – Phase III HRC Injection” dated January 6, 2004;
-“September/October 2003 Groundwater Sampling Event” dated March 15, 2004; and,
-“Interim Status Report Alternatives to Accelerate Bioremediation” dated March 15, 2004.
Below are the summary tables that were provided for the January 2004 groundwater monitoring event:
-A summary table of VOC data for the groundwater sampling event that occurred in January 2004 for the 10 selected monitoring wells sampled (Table 2-2).
-A summary table of historical VOC data of all the monitoring wells sampled during the groundwater sampling events that have occurred from July 1997 through January 2004 (Appendix A). Appendix A includes sampling data from all of the monitoring wells installed either on or off RTRVP property, and outfall data from the storm water sewer system located in the adjacent Sterling Highway right-of-way.
-Summary tables of recordings of natural attenuation parameters measured between September 2000 and January 2004 at (10) monitoring wells selected to evaluate the effectiveness of the HRCTM and/or the pilot bioaugmentation study (Tables C-1, C-2 , C-3 and C-4). |
Rich Sundet |
| 3/18/2004 |
Update or Other Action |
On 3/18/04, DNR issued its Final Consistency Response to DOT's application for the Sterling Hwy/Soldotna Urban Kenai River Bridge Reconstruction proposed project. DEC, including CSP, had earlier provided comments to DNR regarding the application. |
Rich Sundet |
| 3/31/2004 |
Update or Other Action |
In a Motion to Dismiss to the State's Superior Court, the Hinkles requested the court to dismiss ADOT's recent condemnation motion to temporary lease a portion of RTRVP for a temporary bridge across the Kenai River. The Motion's rationale is that the bridge would interfere with a permeable reactive wall designed to treat the contaminated groundwater. Therefore, either the bridge can be built or the PRB be built. In addition, it noted that a previous Court decision required that the groundwater be treated and that the State has not authority to ignore the Court ruling; that the State's determination of greatest public good and least private injury is arbitrary and capricious; and that the State must seek and obtain replat approval before acquiring the RTRVP property. |
Rich Sundet |
| 4/13/2004 |
Update or Other Action |
On 4/13/04, DOL filed with the Superior Court its briefs "Opposition to Motion for Judicial Settlement Conference" and Opposition to Motion to Dismiss" regarding the Hinkles' Motion to Dismiss the State's condemnation proceedings.
The 4/13 brief noted among other things that DEC and ADOT has been coordinating for some time regarding the contamination problem in relation to the future upgrade of the Sterling Highway, that DEC's ROD did not state that a permeable reactive wall barrier (PRWB) would be installed; that DEC had recently planned for the PRWB scenario as a long-term budgetary and planning as a "worst case scenario" if bioremediation failed; that a PRWB anyway could be installed, if determined necessary, without impacting the temporary bridge; and, that ADOT had followed the requirements by obtaining preliminary replat approval from the Kenai Borough. |
Rich Sundet |
| 4/16/2004 |
Update or Other Action |
In 4/16/04 dated briefs, Hinkles' legal counsel filed with the Superior Court a "Request for Hearing and Statement of Disputed Fact," in which they requested an evidentiary hearing and noted that the disputed fact is whether the permeable reactive wall barrier (PRB) and the proposed DOT temporary bridge are incompatible uses for RTRVP. The second brief, was a "Reply - Motion to Dismiss" in regards to a reply to DOL's Countermotion filed on 4/13/04. |
Rich Sundet |
| 5/20/2004 |
Update or Other Action |
On 5/20/04, DOL representing DOT gave oral argument at a hearing before Judge Morse of the Superior Court in Anchorage. Sam Cason representing the Hinkles argued that the State DOT should not condemn a portion of the Hinkles property to install a temporary bridge. Judge Morse ruled in favor of the State for condemnation of a small portion of Hinkles property that is adjacent to the DOT Sterling Highway right of way. The area where the court ruled will be condemned is contaminated in the subsurface because of the dry cleaning solvent in the groundwater. The condemnation is for temporary access for about three years for the temporary bridge over the Kenai River until the new permanent bridge is constructed. At that time the temporary bridge will be removed. |
Rich Sundet |
| 5/21/2004 |
Update or Other Action |
On 5/21/04, CSP provided comments to Oasis by facsimile regarding their draft report for the January 2004 performance monitoring event. The draft report was dated 2/24/04 and received by DEC on 2/25/04. Comments were noted on pertinent marked up pages of the draft report. |
Rich Sundet |
| 6/15/2004 |
Update or Other Action |
On 6/15/04, DEC provided by fax comments regarding Oasis' "River Terrace Performance Monitoring Draft March 2004 Report" dated 6/4/04, which was received by DEC on 6/7/04. |
Rich Sundet |
| 6/15/2004 |
Update or Other Action |
In a letter dated 6/15/04, CSP transmitted the following final reports/plans to Gill:
- “Final Performance Monitoring Report January 2004” dated May 25, 2004 (received by CSP on 6/1/04); and,
-“Final Work Plan Kenai River Sediment Sampling” dated May 4, 2004 (received by CSP on 6/1/04).
In addition, CSP transmitted preliminary data from the March 2004 groundwater sampling event.
The transmittal letter noted that in comparison to January 2004 data, cis-DCE and VC were again the only contaminants of concern (COCs) that exceeded established cleanup levels. Concentrations stayed approximately the same other than for these COCs in couple of wells. Cis-DCE increased from 1,460 to 2,490 ug/L in MW-9; decreased from 1,320 to 625 ug/L in MW-4A; decreased from 820 to 286 ug/L in MW-10; and decreased from 6,370 to 3,100 ug/L in MW-39. Vinyl chloride slightly increased in all wells except for in MW-40 where it decreased from 363 to 173 ug/L. Reasons for the changes are probably because of seasonal or temporal variation. Cis-DCE in MW-39 continues to drastically fluctuate as it was as high as 11,400 ug/L in February 2003 and may be high because it is near a remaining source area. MW-39 is located close to the edge of the excavation that occurred in fall 1997.
The non toxic ethene was detected again in MW-9 and MW-40 (Table C-2). Although it decreased slightly from January 2004 (i.e., at MW-9 went from 112 ug/L to 61 ug/L; at MW-40 went from 67 ug/L to 10 ug/L). Ethene was detected for the first time in MW-39 at 44 ug/L, in January 2004 it was <10 ug/L. |
Rich Sundet |
| 6/29/2004 |
Update or Other Action |
On 6/29/04, CSP responded to Virgil Norton's 6/18/04 submtital in which was noted "official Notice of Dispute" in accordance to Provision 11 of the Consent Decree. Norton made 3 disputes: 1) whether the permeable reactive wall barrier is necessary 2) state grant relief from the 1.6 M lien 3) financial records on the EPA grant that was additional to what was earlier provided by SPAR Director Dietrick in his 3/8/04 letter to him (Norton).
The 6/29 letter noted that CSP provided a response to Norton's letter to Deputy Commissioner Fredricksson that basically noted that the Consent Decree does not address any of the disputes that Norton raised therefore it was inappropriate to use this mechanism to address them. Also, information requested in Dispute 3 would not assist the Hinkles' in their situation. |
Rich Sundet |
| 7/12/2004 |
Update or Other Action |
Deputy Commissioner Fredricksson issued a response letter to Norton on 7/8/04 noting that the three disputes he raised in his 6/18/04 letter on behalf of the Hinkles were not relavant under Sections 5, 6 or 7 of the Consent Decree. Therefore, he would not issue a ruling but advised Norton that he could pursue his concerns through other avenues. |
Rich Sundet |
| 7/20/2004 |
Update or Other Action |
On 7/20/04, SPAR issued NTP 18700025-28 to Oasis for $8,744.46 to complete the draft and final reports for the June 04 groundwater sampling event, i.e., tasks 3 and 4. Tasks 3 and 4 were in the proposal for NTP 1870002523 for $122,303.53 to perform groundwater monitoring between 9/03 to 6/30/04. |
Rich Sundet |
| 7/20/2004 |
Update or Other Action |
On 7/20/04, SPAR issued NTP 18700025-27 to Oasis for $11,024.31 to review the USGS microcosm report and complete the reports that discusses methods to accelerate bioremediation at the site, i.e., tasks 3 and 4. Tasks 3 and 4 were in the proposal for NTP 1870002519 for $24,403.81 to investigate alternatives to accelerate bioremediation at RTRVP. |
Rich Sundet |
| 7/20/2004 |
Update or Other Action |
On 7/20/04, SPAR issued NTP 18700025-29 to Oasis for $5,955.12 to complete the draft and final reports for the May 04 sediment sampling event, i.e., tasks 3 and 4. Tasks 3 and 4 were in the proposal for NTP 1870002525 for $19,279.82 to perform a sediment investigation in May 2004 similar to that which was done in May 2002. |
Rich Sundet |
| 8/24/2004 |
Meeting or Teleconference Held |
On 8/24/04, CSP staff and Oasis staff held a t/c with Paul Bradley and Frank Chappel of USGS to discuss USGS's preliminary findings of the joint agency study to evaluate methods to accelerate bioremediation at RTRVP and Peger Road in Fairbanks. |
Rich Sundet |
| 9/3/2004 |
Update or Other Action |
On 9/3/04, CSP transmitted to Gill the following Oasis report "Final Performance Monitoring Report March 2004” dated June 25, 2004" and preliminary data from the June 04 groundwater sampling event.
The data included the following:
-The June data shows that the concentration of PCE at MW-44 has steadily decreased (now at 15,800 ug/L) from November 2, 2002 when the well was first sampled and at which time the PCE was detected at 31,300 ug/L. The data also further indicates that the contamination around MW-44 may be an isolated hot spot because the downgradient wells are still very low in concentrations of contaminants in respect to MW-44 , e.g., PCE was detected at 8.41 ug/L and 73.6 ug/L in MWs 45 and 46, respectively. However, the extent of the contamination detected in MW-44 has not been delineated to the north and west of MW-44.
-Ethene was not detected at any of the wells sampled, however, this could be due to the higher reporting limits.
-In the upper plume, PCE and cis-1,2-DCE levels are slightly up in MW-36 and MW-16. This is probably due to the recent groundwater reversal since the last several sampling events as noted above. The remaining well VOC results are similar to the March 2004 results.
-In the lower plume, vinyl chloride (VC) levels were similar to March 2004 levels, although at MW-6 (by the river) VC levels went down from about 148 ug/L to 78 ug/L. MW-9 stayed the same (413 ug/L vs. 436 ug/L); MW-40 went back up from 173 ug/L to 341 ug/L), and MW-39 went down from 456 ug/L to 65 ug/L. Other VC results were below 10 ug/L. |
Rich Sundet |
| 9/8/2004 |
Update or Other Action |
On 9/8/04, CSP provided to Oasis a marked up copy of Oasis' "Draft Report Kenai River Sediment Sampling River Terrace RV Park" dated 9/3/04. CSP received the draft on 9/7/04. The draft report reflects the sediment sampling performed by Oasis on May 6 and 7, 2004. |
Rich Sundet |
| 10/13/2004 |
Update or Other Action |
On 10/13/04, SPAR Director approved funding for $132,721.19 for Oasis to perform quarterly groundwater, pore water sampling and technical assistance.
On 10/13/04, SPAR issued NTP 18700025-31 to Oasis for for $132,721.19 for Oasis to perform quarterly groundwater, pore water sampling and technical assistance.
$5,955.12 to complete the draft and final reports for the May 04 sediment sampling event, i.e., tasks 3 and 4. Tasks 3 and 4 were in the proposal for NTP 1870002525 for $19,279.82 to perform a sediment investigation in May 2004 similar to that which was done in May 2002. |
Rich Sundet |
| 10/21/2004 |
Update or Other Action |
On 10/21/04, CSP approved via email DOT's contractor Restoration Science & Engineering (RS&E) plan for the abandonment of monitoring wells in the DOT right-of-way next to RTRVP that DEC has used to monitor the two PCE contaminant plumes originating from RTRVP. DEC received the RS&E plan via email on 10/20/04. The plan also noted that RS&E would continue to coordinate with DEC's term contractor Oasis to allow Oasis to sample 4 of the monitoring wells prior to decommissioning by RS&E and that work was scheduled to occur on 10/22 and 23, 2004. |
Rich Sundet |
| 10/28/2004 |
Update or Other Action |
In a report dated 10/28/04, RS&E noted that it had decommissioned the following MWs in the Sterling HWY right of way in accordance to their workplan approved by DEC: MWs 1A, 1C(s), 1C(D), 2, 14, 22, 30, 31, 34, SB-1(S), and SB-1(D). The report also noted that MW-11 had initially been planned to be decommissioned by RS&E on behalf of DOT but DEC elected to decommission that well (i.e., along with MWs 8, 10, 12 and 13) in spring 2005. The subject wells were decommissioned on 10/22/04 after coordinating with Oasis staff who were on site to sample monitoring wells for DEC for the routine groundwater monitoring program. Prior to RS&E abandoning the wells, Oasis sampled MWs 1A, SB-1(D), 22a nd 31. |
Rich Sundet |
| 11/1/2004 |
Update or Other Action |
On 11/1/04, DEC provided via e-mail DEC's and its contractor OASIS Environmental, Inc. (OASIS) comments and questions on the draft report titled "USGS Chloroethylene Biodegradation Potential in the “Lower” Contaminant Plume, River Terrace RV Park, Soldotna, Alaska" dated September 28, 2004. |
Rich Sundet |
| 12/8/2004 |
Update or Other Action |
On 12/8/04, CSP provided a marked up copy of Oasis "Draft Quarterly Groundwater Monitoring Report June 2004 River Terrace RV Park" dated 11/24/04 to Oasis. |
Rich Sundet |
| 12/22/2004 |
Update or Other Action |
In follow-up to its 11/1/04 e-mail providing comments and USGS's 11/22/04 response to those comments, on 12/22/04 DEC provided USGS via e-mail one further comment regarding the draft report titled "USGS Chloroethylene Biodegradation Potential in the “Lower” Contaminant Plume, River Terrace RV Park, Soldotna, Alaska" dated September 28, 2004. |
Rich Sundet |
| 1/18/2005 |
Update or Other Action |
On 1/18/05, CSP provided comments via fax to Oasis regarding their draft "Work Plan Groundwater and Pore Water Monitoring River Terrace RV Park" dated 1/11/05. |
Rich Sundet |
| 1/21/2005 |
Update or Other Action |
On 1/21/05, CSP provided Bill Gissel of EPA its FY2005 Annual Performance Report for Groundwater Remdiation Project for the Kenai Grant (XP-97025501-0). The cover letter noted that this was a summary for the first six months and that a full year summary report would be provided to EPA in July 2005 after the State fiscal year ended on June 30, 2005. |
Rich Sundet |
| 1/24/2005 |
Update or Other Action |
On 1/24/05, Sundet called Gill informing him that he was going to send Gill via e-mail Oasis' summary of the 11/04 pore water sampling events, and figure of sampling locations of the pore water sampling. In addition, Sundet noted that he would bring over, when completed which would probably be tomorrow, the cover letter and enclosures for recently received Oasis reports and workplans, and preliminary data from the October 04 groundwater sampling event. |
Rich Sundet |
| 1/25/2005 |
Update or Other Action |
On 1/25/05, DEC hand delivered to Gill a cover letter along with the below final reports and workplans, as well as preliminary data for work regarding RTRVP. The letter noted that while the October 2004 groundwater data and November 2004 sampling events are reported as final from the laboratories, none of the data has yet been validated by Oasis.
Below are the work plans and final reports regarding the RTRVP contaminated site that we are providing to Gill:
- “Final Report Kenai River Sediment Sampling Performed in May 2004 River Terrace RV Park Soldotna, Alaska” dated October 14, 2004.
- “Final Quarterly Groundwater Monitoring Report June 2004 River Terrace RV Park Soldotna, Alaska” dated December 17, 2004.
-“Final Work Plan Groundwater and Pore Water Monitoring River Terrace RV Park Soldotna, Alaska” dated January 20, 2005.
Below are the summary tables for the October 2004 groundwater monitoring event that we are providing to Gill:
-A summary table of VOC data for the groundwater sampling event that occurred in October 2004 for the 34 selected monitoring wells sampled (Table 2-2). The table also shows results of a sample collected from the Sterling Highway stormwater sewer system outfall to the Kenai River adjacent to RTRVP.
-A summary table of historical VOC data of all the monitoring wells sampled during the groundwater sampling events that have occurred from July 1997 through October 2004 (Appendix A). Appendix A includes sampling data from all of the monitoring wells installed either on or off RTRVP property, outfall data from the stormwater sewer system located in the adjacent Sterling Highway right-of-way, and some surface water data recently collected since 2003 to assist in determining whether any VOCs were entering the water column of the Kenai River.
-Summary tables of recordings of natural attenuation parameters measured between September 2000 and October 2004 at ten (10) monitoring wells selected to evaluate the effectiveness of the HRCTM and/or the pilot bioaugmentation study (Tables C-1, C-2, C-3 and C-4).
The letter also noted that a PDF figure that summarizes the lower plume groundwater VOC results for October 2004 and the pore water VOC results for November 2004 was sent to Gill via email, in accordance with Sundet's January 24, 2005 telephone conversation with him.
Also included in the letter was Table A-1 which was a Oasis’ summary of data collected during the pore water sampling effort on November 5 and 24, 2004.
The letter also summarized findings from the October 2004 groundwater sampling event, the May 2004 sediment investigation and the November 2004 pore water sampling events. |
Rich Sundet |
| 1/28/2005 |
Update or Other Action |
On 1/28/05, CSP provided its comments, including those from its term contractor Oasis, to Paul Bradley of USGS via e-mail on their revised draft USGS report that DEC received on January 14, 2005. |
Rich Sundet |
| 2/14/2005 |
Update or Other Action |
On 2/14/05, CSP received five copies of the final USGS report titled "Chloroethene Biodegradation Potential in the "Lower" Contaminant Plume, River Terrace RV Park, Soldtotna, Alaska." |
Rich Sundet |
| 2/15/2005 |
Update or Other Action |
On 2/15/05, CSP delivered to Jim Gill with a cover letter, the final USGS report titled "Chloroethene Biodegradation Potential in the "Lower" Contaminant Plume, River Terrace RV Park, Soldtotna, Alaska." Copies of the cover letter dated 2/15 and the report were also transmtited to pertinent stakeholders.
The report concluded, among other things, the following:
-HRC injection was effective in stimulating reducing conditions in the River Terrace soils.
-Anerobic oxidation of cis- 1,2-dichloroethylene (cis-DCE) and vinyl chloride (VC) was the predominant mechanism of microbial degradation in River Terrace sediments even under several electron donor conditions evaluated (i.e., HRC, molasses and vegetable oil). Because carbon dioxide was the sole product of cis-DCE and VC biodegradation detected in River Terrace sediments, a natural attenuation assessment based on reduced tetrachloroethylene (PCE) daughter product (e.g., VC and ethane) accumulation may significantly underestimate the potential for DCE and VC biodegradation at the site.
The latter conclusion is why DEC performed the pore water investigation in fall 2004. All of the conclusions of the investigation are described on page 19 of the report. |
Rich Sundet |
| 2/16/2005 |
Update or Other Action |
On 2/16/05, CSP provided Bill Gissel of EPA the FY2004 Annual Performance Report for the groundwater remediation project near the Kenai River for the Kenai River Grant XP-97025501-0. This report replaced the Semi Annual FY 2004 Performance Report package that was sent to EPA on 1/21/05. |
Rich Sundet |
| 2/17/2005 |
Meeting or Teleconference Held |
On 2/17/05, Sundet and McDougall met with DOT's project engineer Chuck Swenor and his assistant Jason Lamoreaux to discuss the upcoming upgrade project of the Sterling Highway and to ensure DOT and their contractor Wilder Construction were aware of the existing groundwater treatment system and monitoring wells to minimize damage to those points. |
Rich Sundet |
| 2/18/2005 |
Meeting or Teleconference Held |
On 2/18/05, Sundet met with Paris and McDougall, and Jim Gill along with Sharon Richmond on phone to discuss the recent and historical data for groundwater, sediment, and porewater and develop next steps for cleanup at the site. The primary conclusion was to propose to install further injection points around MW-44 where there is a source area, continue to use HRC to stiumulate microbes for biodegradation although limit the amount of HRC to mimimize other competing microbes such as those that cause methanogenesis. Oasis will submit a technical memorandum that summarizes this meeting to DEC that outline the groups recommendations for further work to continue to cleanup the site. |
Rich Sundet |
| 2/24/2005 |
Update or Other Action |
On 2/24/05, CSP provided to Oasis a marked up copy with its edits of Oasis' "River Terrace Draft Quarterly Groundwater Monitoring Report October 2004" dated 2/14/05. CSP received the draft report on 2/18/05. |
Rich Sundet |
| 3/1/2005 |
Update or Other Action |
In response to DOT's call that about 35 drums were in the right of way for the temporary bridge, Sundet called Jim Gill to notify him of this issue. Gill noted that he would coordinate moving of the drums and contact the DOT project engineer. Empty drums to protect/identify the monitoring wells were also placed on the property but not an issue to DOT and two full drums of purgewater from last weeks groundwater sampling event by Oasis were stored in the uplands by the former dry cleaner bldg. and not an issue to DOT for the temporary bridge project. |
Rich Sundet |
| 5/2/2005 |
Update or Other Action |
In a letter dated 5/2/05, DEC provided Virgil Norton follow-up to the department’s March 8, 2004 letter to him regarding the status of cleanup at River Terrace RV Park (RTRVP) and its June 29, 2004 letter to him in response to his submittal of “Notice of Dispute.” In summary, DEC's letters informed Norton that DEC continues to manage the site on a monitor and treat approach to meet DEC's cleanup objectives, i.e., stated in DEC's record of decision (ROD) issued for this site in 2000.
DEC's 5/2 letter also informed Norton of the USGS findings, the fall 2005 pore water sampling findings and recent groundwater monitoring data which shows that bioremediation is progressively working at the site. In addition, it appears that the bioaugmentation pilot study is self expanding to other areas where the microbes were injected. Therefore, the letter noted that as a result of the USGS investigation, pore water data, and continued sediment and groundwater monitoring data, DEC believes that the worst case scenario can be eliminated as a possible future remedial approach because of the success of the bioremediation. DEC also informed Norton that it iis not yet ready to eliminate the possibility that it may need to further expand the pilot bioaugmentation program to a full scale injection program. |
Rich Sundet |
| 5/19/2005 |
Update or Other Action |
On 5/19/05, EPA filed a complaint against the Hinkles for past costs incurred by EPA during implementation of the CERCLA Administration Order on Consent for Removal Action (AOC) issued to abate the contamination at River Terrace RV Park in 1997. The complaint requests $206,730.22 for EPA to recover its past outstanding costs and a civil penalty for failure to pay on a timely basis of not more than $27,500/day from 1/31/97-3/15/04 and no more than $32,500/day since 3/15/04. |
Rich Sundet |
| 6/13/2005 |
Update or Other Action |
On 6/13/05, DEC signed NTP 18-9028-13-01 with Oasis for $19,705.55 to develop a workplan to inject HRC into upper plume and selected injection points in the lower plume, install about 5 new injection points around MW-44 and purchase HRC to perform this work. The workplan would be implemented under a separate NTP after June 30, 2005. |
Rich Sundet |
| 6/15/2005 |
Update or Other Action |
On 6/15/05, DEC provided comments via fax in a marked up report copy to Oasis regarding their draft quarterly monitoring report for the February 2005 groundwater sampling event, which was dated 6/9/05 and received at DEC on 6/14/05. |
Rich Sundet |
| 6/15/2005 |
Update or Other Action |
On 6/15/05, DEC provided comments via fax in a marked up report copy to Oasis regarding their draft "Kenai River Pore Water Sampling Performed in November 2004" report, which was dated 3/15/05 and received at DEC on 3/17/05. |
Rich Sundet |
| 6/29/2005 |
Update or Other Action |
On 6/29/05, DEC provided comments via email to Oasis regarding their draft plan "Workplan Phase IV HRC Injection River Terrace RV Park, Soldotna, Alaska" dated 6/30/2005 that DEC received via email on 6/29/05. |
Rich Sundet |
| 8/8/2005 |
Update or Other Action |
On 7/1/05, DEC provided for pickup to Gill the following final reports regarding the RTRVP contaminated site:
- “Final Quarterly Groundwater Monitoring Report October 2004 River Terrace RV Park Soldotna, Alaska” dated March 15, 2005.
-“Final Quarterly Groundwater Monitoring Report February 2005 River Terrace RV Park Soldotna, Alaska” dated June 6, 2005.
-“Final Report Pore Water Sampling Performed in November 2004 River Terrace RV Park, Soldotna, Alaska,” dated June 22, 2005.
-“Work Plan Phase IV HRC Injection River Terrace RV Park, Soldotna, Alaska,” dated June 30, 2005.
In addition to the final reports listed above, DEC provided two summary tables and a series of charts for the June 2005 groundwater monitoring event. However, while the data from the June 2005 groundwater sampling event are reported as final from the laboratories, none of the data has yet been validated by OASIS.
DEC also informed Gill that DEC would be installing new injection points around MW-44, and injecting HRC into selected injection points in the lower plume and into the existing injection points in the upper plume in summer 2005. |
Rich Sundet |
| 8/9/2005 |
Update or Other Action |
On 8/9/05, DEC signed NTP 18-9028-13-02 with Oasis for $57,047.16 to implement its workplan to inject HRC into upper plume and selected injection points in the lower plume, install about 5 new injection points around MW-44. The workplan would be implemented in August 2005. |
Rich Sundet |
| 8/10/2005 |
Update or Other Action |
On 8/10/05, the Attorney General's Office filed a motion in State Superior Court in opposition to Hinkles' motion to modify the 9/21/2000 Consent Decree. |
Rich Sundet |
| 8/17/2005 |
Update or Other Action |
On 8/17/05, DEC signed NTP 18-9028-13-03 with Oasis for $16,846.58 to complete a draft and final report for the June 2005 groundwater sampling activities performed at the site by Oasis. |
Rich Sundet |
| 8/26/2005 |
Update or Other Action |
On 8/26/05, DEC amended NTP 18-9028-13-02 with Oasis an additional $4,169.70 from the original $57,047.16 (total now $61,216.86) to implement its workplan to inject HRC into upper plume and selected injection points in the lower plume, install about 5 new injection points around MW-44. The amended monies would be used to install two additional injection points (total now 7) based upon the findings of the original 5 HRC injection points that were installed around 8/24/05.
8/9/05, DEC signed NTP 18-9028-13-02 with Oasis for $57,047.16 to implement its workplan to inject HRC into upper plume and selected injection points in the lower plume, install about 5 new injection points around MW-44. The workplan would be implemented in August 2005. |
Rich Sundet |
| 9/22/2005 |
GIS Position Updated |
Using Figure 1 from a Phase IV Injection Work Plan, River Terrace RV Park, from OASIS Environmental, dated June 30, 2005, in conjunction with TopoZone Pro and the KPB Parcel Lookup, entered the coordinates for this site. Metadata includes No Topo Basemap, TopoZone Pro Street Maps, Black and White Aerial Photo, on a Medium Size Map, View Scale 1:10,000, Coordinate Datum NAD83. High degree of confidence in accuracy of location. |
Alyce Hughey |
| 9/26/2005 |
Update or Other Action |
On 9/26/05, DEC signed NTP 18-9028-13-05 with Oasis for $109,796.59 to perform 3 groundwater events in fall 2005, March and June 2006, and provide technical assistance to DEC. |
Rich Sundet |
| 10/6/2005 |
Update or Other Action |
On 10/6/05, DEC provided comments to Oasis regarding their "Draft Work Plan 2005 - 2006 Groundwater Monitoring River Terrace RV Park," which DEC received via e-mail on 10/5/05. |
Rich Sundet |
| 10/7/2005 |
Update or Other Action |
Upon receipt on 10/7 that Oasis had satisfactorily addressed the comments that DEC made on 10/6/05, on 10/7/05 DEC approved of Oasis' "Draft Work Plan 2005 - 2006 Groundwater Monitoring River Terrace RV Park," which DEC received via e-mail on 10/5/05. The fall groundwater monitoring event is scheduled by Oasis to occur the week of 10/10/05. |
Rich Sundet |
| 11/1/2005 |
Update or Other Action |
CSP reviewed and provided comments to Oasis via facsimile regarding Oasis' "River Terrace Draft Quarterly Groundwater Monitoring Report, June 2005, River Terrace RV Park" dated 9/23/2005, which was received at DEC on 10/7/05. |
Rich Sundet |
| 11/23/2005 |
Update or Other Action |
On 11/23/05, a CERCLA Consent Decree for Settlement of Response Costs and Civil Penalty Claims between EPA and the Hinkles (Docket A05-0111 CV (RRB) was filed in the District Court of Alaska. The Docket stated that the U.S. was seeking reimbursement costs for its oversight work associated with the removal action that occurred at the site in terms of a 1997 Administrative Order on Consent for Removal Action (AOC) that it entered into with the Hinkles. The Consent Decree requires two payments from the Hinkles 1) for $241,000 for reimbursement of EPA's response costs and 2) a civil penalty of $7,500.00. The Docket noted that the U.S. would receive comments regarding the Consent Decree for 30 days. (The Notice was published in the Federal Register Vol. 70 #235 dated December 8, 2005). |
Rich Sundet |
| 1/12/2006 |
Update or Other Action |
On 1/12/06, Sundet provided Oasis a marked up copy with comments regarding their draft document "Draft Letter Report Phase IV HRC Injection August 2005 River Terrace RV Park" dated December 21, 2005. DEC received the document on 12/27/05. The document describes work performed in August 2005 when Oasis injected HRC into selected lower plume injection points and into the upper plume injection points during Phase IV Injection activities. In addition, the report documented work performed at that time when Oasis investigated the deeper contamination around MW-44. At that time, Oasis also injected HRC into 6 new temporary injection points around MW-44 that were installed by direct push technology. |
Rich Sundet |
| 1/23/2006 |
Update or Other Action |
On 1/23/06, DEC replied to Ofelia Erickson of EPA in response to a Request of a 2005 Hazardous Waste Report for the RTRVP site, that upon review of manifests for 2005 that ADEC was a small quanity generator (i.e., generated 300 to 500 pounds of F002 waste every three or four months during quarterly groundwater monitoring events). In addition, DEC planned to remain as a SQG for 2006. Therefore, there was no need to submit a 2005 hazardous waste report. |
Rich Sundet |
| 3/3/2006 |
Update or Other Action |
On 3/3/06, DEC received copies of Oasis' final report "Final Letter Report - Phase IV HRC Injection Agust 2005 River Terrace RV Park" dated February 10, 2006. The report summarizes findings from work performed by Oasis to inject HRC into 38 of the HRC injection points in the upper plume, 24 of the 68 HRC injection points in the lower plume, drive 7 borings by Geoprobe in the lower plume around MW-44 to collect vertical profiles of HVOCs in that area, and bore by Geoprobe and inject HRC into 6 borings nearby the 7 characterization borings to treat PCE in this deeper area of the contamination between 16 and 40 feet below ground surface.
The Geoprobe work showed that the deeper contamination appears to be limited and the downhill boundary is just downhill from MW-44. This elevated contamination may be providing a source of PCE with the contamination migrating upwards because of the hydraulic gradient around L71D. The report also noted that the MIP borings were superior to conventional soil sampling for use as a sceening tool because the Membrane Interface Probe (MIP) provides instaneous data, but that because of the dense till a limitation at the site was a maximum of 40 feet driven in this type of material. Also, the report noted that because of the dense till, it was unable to inject HRC at the dosage that Oasis had planned for at depths greater than 30 feet. Subsequent quarterly monitoring will show if the HRC injection using the Geoprobe was successful. |
Rich Sundet |
| 3/9/2006 |
Update or Other Action |
In a conversation between Sundet and Matt Coullihan of DOT on 4/19/06, Coullihan noted that the support for the old bridge across the Kenai River adjacent to RTRVP was cut at the ground surface and disposed of around 3/9/06. Thereby, little soil needed to be removed from that location. Coullihan noted that Tellus Environmental sampled the little soil that was moved nearby for the abuttment and it showed non detect for all constituents. |
Rich Sundet |
| 3/14/2006 |
Update or Other Action |
On 3/14/06, the Consent Decree was signed by U.S District Court to require the Hinkles to pay the U.S. $241,000 for reimbursement of EPA's response costs and a civil penalty of $7,500.00 within 10 days of entry of the Consent Decree by the court. Earlier on 11/23/05, a CERCLA Consent Decree for Settlement of Response Costs and Civil Penalty Claims between EPA and the Hinkles (Docket A05-0111 CV (RRB) was filed in the District Court of Alaska. The Docket stated that the U.S. was seeking reimbursement costs for its oversight work associated with the removal action that occurred at the site in terms of a 1997 Administrative Order on Consent for Removal Action (AOC) that it entered into with the Hinkles. The Consent Decree requires two payments from the Hinkles 1) for $241,000 for reimbursement of EPA's response costs and 2) a civil penalty of $7,500.00. The Docket noted that the U.S. would receive comments regarding the Consent Decree for 30 days. (The Notice was published in the Federal Register Vol. 70 #235 dated December 8, 2005). |
Rich Sundet |
| 3/21/2006 |
Update or Other Action |
On 3/21/06, DEC transmitted the following final reports to Virgil Norton, and copied several interested stakeholders:
•“Final Work Plan 2005 – 2006 Groundwater Monitoring, River Terrace RV Park, Soldotna, Alaska” dated October 7, 2005.
•“Final Quarterly Groundwater Monitoring Report June 2005 River Terrace RV Park Soldotna, Alaska” dated January 20, 2006.
•Final Letter Report – Phase IV HRC Injection,” dated February 10, 2006.
In addition to the final reports listed above, DEC transmitted summary tables for the October 2005 groundwater monitoring event.
The cover letter provided a brief summary of the October 2005 data which is as follows:
•Exceedances to PCE, cis DCE and vinyl chloride were detected in 12 of the 22 monitoring wells that were sampled (Table 2-2).
•PCE concentrations in MW-44 continue to be elevated. Although levels slightly increased since June 2005 (11,500 ug/L from 9,250 ug/L), concentrations are continuing to show a decreasing trend since November 2002.
•In the area of MW-44, it is premature to evaluate the effectiveness of the HRCTM injections performed around MW-44.
Also, the letter noted that it is too early to judge the effect of injection of HRC this summer around MW-44 to clean-up that pocket of contamination in the deeper till area. Complete reductive dechlorination continues to occur in the area where the pilot bioaugmentation occurred (around MW-9) to ethene.
The attached “Final Letter Report – Phase IV HRC Injection” documents the August 2005 Phase IV injection event. |
Rich Sundet |
| 4/3/2006 |
Update or Other Action |
On 4/3/06, EPA informed DEC that the Hinkles had paid in full the amount of monies that the Hinkles were required to pay the U.S. for work performed by EPA during the 1997 AOC that they had with the Hinkles regarding the removal. |
Rich Sundet |
| 4/4/2006 |
Update or Other Action |
On 4/4/06, CSP provided comments via a marked up copy of Oasis' draft "River Terrace Draft Quarterly Groundwater Monitoring Report October 2005" dated March 15, 2006. CSP received the draft report on 3/24/06. |
Rich Sundet |
| 4/6/2006 |
Update or Other Action |
On 4/6/06, SPAR issued NTP 18-9028-11 to Oasis for $45,793.36 to perform a sediment and pore water investigation in the Kenai River adjacent to RTRVP in spring 2006 after the ice melts and the river rises. (If the river conditions are not cooperative, the investigation will be delayed to fall 2006). The SPAR Director approved the funding request on 4/5/06. The investigation will be designed and implemented similar to the spring 2004 sediment sampling and fall 2004 pore water investigation. The work will compare findings from the 2006 investigation to the sediment findings from the 1997, 1999, 2002 and 2004 sediment work and to the fall 2004 pore water investigation. |
Rich Sundet |
| 4/7/2006 |
Update or Other Action |
On 4/7/06, DEC issued its "5 Year Review of the Record of Decision" for the River Terrace RV Contaminated Site.
In accordance with the August 2000 ROD issued by DEC for the RTRVP site, DEC is required to review its cleanup decision every five years until all cleanup levels are achieved. The five-year review requires:
• An evaluation of all relevant data to determine whether the implemented cleanup alternative continues to be both appropriate and sufficiently protective.
• Consideration of any new toxicological data pertinent to the contaminants of concern.
• A discussion of any discernable trends in contamination concentrations.
• Concerns of the public.
• Any other relevant information.
It should be noted that DEC (in consultation with the RTRVP site owners’ consultant), has continually evaluated the effectiveness of the site remediation and groundwater monitoring since the ROD and the 2000 Consent Decree.
The 5 Year Review addressed the five required topics noted above. The review noted that monitoring has shown that the selected remedy Hydrogen Release Compound (HRC) has enhanced natural attenuation of PCE and its degradation products to treat groundwater. Therefore, DEC at this time has no intent to depart from this treatment/monitor strategy as described in the ROD.
|
Rich Sundet |
| 4/10/2006 |
Update or Other Action |
On 4/10/06, DEC submitted its new grant application to EPA requesting a new 5-year grant period to include state fiscal year 2007-2011. The requested amount plus the expected reimbursement of $1,868,000 through the end of fiscal year 2006 nearly utilizes the full federal appropriation of $2,903,522. DEC expects that about $1,487 will remain from the appropriation at the end of FY2011. |
Rich Sundet |
| 4/24/2006 |
Update or Other Action |
On 4/24/06, DEC provided comments to Oasis regarding their draft workplan to sample pore water and sediment in the Kenai River adjacent to River Terrace RV Park and similar to its sampling effort in 2004. The draft workplan was received via email from Oasis on 4/21/06. |
Rich Sundet |
| 5/24/2006 |
Update or Other Action |
On 5/24/06 DEC received Oasis "Final 2006 Kenai River Sediment and Pore Water Sampling Work Plan" dated 5/17/06. |
Rich Sundet |
| 6/5/2006 |
Update or Other Action |
On 6/5/06, DEC received copies of Oasis' reports titled "Final Quarterly Groundwater Monitoring Report October 2005" dated 5/22/2006. |
Rich Sundet |
| 6/29/2006 |
Update or Other Action |
On 6/29/06, DEC received copies of Oasis' reports titled "Final Phase IV Performance Groundwater Monitoring Report March 2006" dated 6/28/200 and "Draft Quarterly Groundwater Monitoring Report May 2006" dated 6/30/06. |
Rich Sundet |
| 7/11/2006 |
Update or Other Action |
On 7/11/06, SPAR issued NTP 18-9028-13-13A to Oasis for $93,561.76 to perform semii-annual groundwater monitoring at RTRVP in fall 2006 and spring 2007. The acting SPAR Director approved the funding request on 7/6/06. |
Rich Sundet |
| 8/1/2006 |
Update or Other Action |
On 8/1/06, SPAR issued NTP 18-9028-13-14 to Oasis for $103,414.11 to Phase V HRC injection in the lower plume area of RTRVP, install a new monitor well near injection point L72D. The injection work will consist on installing about 5 new injection points and injecting HRC in those points, and installing about 15 temporary injection points by GeoProbe technology and inject HRC. Previous groundwater data indicates that HRC is near depletion in certain areas of the lower plume. Most of the lower plume was last injected with HRC in 2003 in permanent injection points, and certain areas around MW-44 were injected with HRC in 2005 using GeoProbe technology.
|
Rich Sundet |
| 8/22/2006 |
Update or Other Action |
On 8/22/06, SPAR issued NTP 18-9028-13-15 to Oasis for $5,735.42 to prepare the draft and final reports for the groundwater sampling event that occurred at the site in late May 2006. SPAR Director approved the funding request on 8/13/06. |
Rich Sundet |
| 8/29/2006 |
Update or Other Action |
On 8/29/06, CS provided comments to Oasis regarding their draft workplan to perform semi-annual groundwater in fall 2006 and spring 2007. The plan was received via e-mail from Oasis on 8/17/06. The final plan will incorporate the comments. The fall 2006 sampling event is scheduled to occur the week of 9/11/06. |
Rich Sundet |
| 8/30/2006 |
Update or Other Action |
On 8/30/06, SPAR issued NTP 18-9028-13-16 to Oasis for $10,764.92 to prepare the draft and final reports for the sediment and pore water investigation that occurred at the site in early May 2006. SPAR Director approved the funding request on 8/28/06. |
Rich Sundet |
| 9/11/2006 |
Update or Other Action |
On 9/11/06, CSP provided comments to Oasis regarding their "Draft Work Plan Phase V HRC Injection River Terrace RV Park Soldotna, Alaska" dated 9/8/2006. DEC received the draft workplan via email on 9/8. On 9/18, CSP provided several additional comments regarding the plan to Oasis. After addressing the comments, Oasis expects to implement the plan the week of 9/25/06. |
Rich Sundet |
| 11/3/2006 |
Update or Other Action |
On 11/3/06, SPAR amended NTP 18-9028-13-14 (to B) to Oasis for an additional $12,944.97 to transport and dispose of additonal drums of hazardous waste F002 soil and wastewater generated during Phase V activities at the site. Soils were detected containing up to 144 mg/kg PCE which is above the 11.5 mg/kg PCE threshold allowed by EPA and the Consent Decree for Hinkles to landspread on the RTRVP property. Earlier on 8/1/06, SPAR issued NTP 18-9028-13-14 to Oasis for $103,414.11 to Phase V HRC injection in the lower plume area of RTRVP, install a new monitor well near injection point L72D. NTP 18-9028-13-14 to Oasis. The current NTP therefore is $116,359.08. |
Rich Sundet |
| 11/13/2006 |
Update or Other Action |
On 11/13/06, the Attorney General’s Office provided the Superior Court with a brief opposing the July 2006 motion by the Hinkles to vacate the Consent Decree that the State has with the Hinkles regarding their contaminated RTRVP site. Hinkles’ July motion provides the following rationale for the court to vacate the Consent Decree: The State failed to inform the court of a clarification to the innocent landowner defense passed by the Alaska Legislature in 1999; the Hinkles ratification of the Consent Decree was based on the court mistakenly entering the Strict Liability Orders and the State failed to disclose a federal grant of $3.0 million; Hinkles have provided further evidence that the innocent landowner defense applies to them; and, the State will profit off the cleanup of RTRVP if the Hinkles have to pay the entire $1.6 million plus interest as required by the Consent Decree.
The State's brief provided evidence to support its opposition on each of the Hinkles' allegations. |
Rich Sundet |
| 12/18/2006 |
Update or Other Action |
On 12/18/06, CS provided comments via facsimile to Oasis regarding their draft 6/30/06 dated report for the May 2006 groundwater monitoring event. |
Rich Sundet |
| 2/8/2007 |
Update or Other Action |
On 2/8/07, DEC provided via e-mail and hard copy, two semi-annual reports to Bill Gissel of EPA as fulfillment of the Annual Performance Report required in the administrative condistions of the federal grant (XP-97025501-0). The two reports covered the following time frames - Second State FY2006 (1/1 - 6/30/2006) and First State FY 2007 (7/1 -12/30/2006). |
Rich Sundet |
| 3/15/2007 |
Meeting or Teleconference Held |
On 3/15/2007, Sundet and Tim McDougall of Oasis met with Jack Peabody of Regenesis to discuss the site and proposed future field work to be performed at the site, and obtained suggestions by Peabody. During the meeting, Sundet provided Peabody with copies of excepts of the draft Oasis report for the October 2006 groundwater monitoring report: Table 5-1 DHE Sample Results June 2002 - October 2006; Appendix Table ___ 2006 Phase V Soil Analytical Data Summary; Table 2-2 Sept/October 2006 Groundwater VOC Analytical Data: Charts G2a (MW16 VOCs), Chart G2b (MW16 Molar Percentages), Chart G3a (MW36 VOCs), Chart G3b (MW36 Molar Percentages), Chart G4a (MW39 VOCs), Chart G4b (MW39 Molar Percentages), Chart G9a (MW44 VOCs), Chart G9b (MW44 Molar Percentages); Figure 5 Cross Section A-A'; Figure 6 PCE Extent and Concentration Map Sept. 2006 Monitoring: Figure 7 Cis-1,2-DCE Extent and Concentration Map Sept. 2006 Monitoring: Figure 8 Vinyl Chloride Extent and Concentration Map Sept. 2006 Monitoring; Table C-1 June 2000 through September 2006 Performance Monitoring Groundwater Natural Attenuation Data: Table C-3 June 2000 through September 2006 Performance Monitoring Groundwater Volatile Acid Analytical Data: Table C-4 June 2000 through September 2006 Performance Monitoring Groundwater VOC Analytical Data: and, Appendix A July 1997 - September 2006 Groundwater Analytical Data for Benzen, PCE,a nd PCE Degradation. Products |
Rich Sundet |
| 3/22/2007 |
Update or Other Action |
On 3/22/07, DEC transmitted final workplans/reports and data collected in 9-10/06 to Virgil Norton who picked up his transmittal letter and reports on 3/22. DEC reiterated in its cover letter, as discussed on March 1 and 6, 2007 with Norton, that DEC is transmitting with this letter the final RTRVP monitoring reports referenced above, which it has received from OASIS. On 3/2 Virgil picked up the report of the May 2006 groundwater event and on 3/6 he picked up preliminary data from the September 2006 groundwater event.
Final reports that were provided were:
-“Final Quarterly Groundwater Monitoring Report October 2005 River Terrace RV Park Soldotna, Alaska” dated May 22, 2006.
-“Final Phase IV Performance (Groundwater) Monitoring Report March 2006 River Terrace RV Park Soldotna, Alaska” dated June 28, 2006.
-“Final Quarterly Groundwater Monitoring Report May 2006 River Terrace RV Park Soldotna, Alaska” dated February 6, 2007.
-“Final Work Plan 2006 – 2007 Groundwater Monitoring, River Terrace RV Park, Soldotna, Alaska” dated August 29, 2006.
-“Final Work Plan Phase V HRC Injection, River Terrace RV Park, Soldotna, Alaska” dated September 20, 2006.
-“Final 2006 Kenai River Sediment and Pore Water Sampling Work Plan, River Terrace RV Park, Anchorage, Alaska” dated May 4, 2006.
In addition to the final reports listed above, DEC also provided to Norton on 3/6/07, six summary tables for the September 2006 groundwater monitoring event, listed below. However, the summary tables of the September/October 2006 sampling event were since finalized/validated and were provided on 3/22. Those summary tables transmitted on 3/22 were:
-A summary table of volatile organic compound (VOC) data for the groundwater sampling event that occurred in September 2006 for the 29 selected monitoring wells sampled (Table 2-2).
-A summary table of groundwater field screening data for June 2000 through September 2006 (Table C-1).
-A summary table of performance monitoring groundwater natural attenuation data for June 2000 through September 2006 (Table C-2).
-A summary table of total volatile acid data for September 2000 through September 2006 (Table C-3).
-A summary table of performance monitoring groundwater VOC data for June 2000 through September 2006 (Table C-4).
-A summary table of all historical groundwater VOC data since 1997 that includes the September 2006 data (Appendix A). This summary table also includes VOC data from the stormwater sewer outfall, at certain HRCTM injection wells and some surface water data from the Kenai River collected in association with routine quarterly groundwater data.
-Also a summary table showing historical soil data collected in the area near MW-44 between 2002 and October 2006 (Attachment X).
|
Rich Sundet |
| 5/1/2007 |
Update or Other Action |
On 5/1/07, CSP provided to Oasis a marked up hard copy of their "Draft Report Kenai River Sediment and Pore Water Sampling Performed in May 2006 River Terrace RV Park" dated November 21, 2006. The draft report was received at DEC on 11/29/2006. |
Rich Sundet |
| 6/15/2007 |
Update or Other Action |
On 6/15/07, CSP provided to Oasis a marked up hard copy of their draft report "River Terace Draft Quarterly Groundwater Monitoring Report September 2006" dated 3/30/07. The draft report was received at DEC on 4/6/2007. |
Rich Sundet |
| 7/3/2007 |
Update or Other Action |
On 7/3/07, SPAR issued NTP 18-9028-13-30 to Oasis for $83,059.66 to perform groundwater sampling events in fall 2007 and spring 2008 at selected existing monitor wells at the site. Additional costs will occur in FY09 for completion of the report for the spring 2008 groundwater sampling event.
|
Rich Sundet |
| 7/27/2007 |
Update or Other Action |
On 7/27/07, Superior Court in Anchorage issued a decision denying the Hinkles' their July 2006 motion to vacate the 2000 Consent Decree with the State and fully agreed with the State's positon noted in its 11/13/06 brief opposing the July 2006 motion. The Court decision noted that: the amendment to AS 46.03.822 was not retroactive and did not apply to the contamination on the Hinkles' property; the Hinkles and their attorneys were aware of the amendment because Virgil Norton (Hinkles' lobbyist) was a proponent of the amendment and testified before the legislature that the amendment would not apply to the Hinkles' property; even if the amendment had applied the Hinkles would have been liable because they would not have qualified under its terms; Hinkles did not move for relief until 6 years after the 2000 agreement and this was not considered within a "reasonable time" as noted under Rule 60(b) (that specifies a 1 year time limit); and that the Hinkles accepted the benefits of the 2000 settlement consisting of an elaborate cleanup largely at public expense that restores their property marketability and benefits them financially but while they have not performed the financial commitment they made. The Hinkles’ July motion provides the following rationale for the court to vacate the Consent Decree: The State failed to inform the court of a clarification to the innocent landowner defense passed by the Alaska Legislature in 1999; the Hinkles ratification of the Consent Decree was based on the court mistakenly entering the Strict Liability Orders and the State failed to disclose a federal grant of $3.0 million; Hinkles have provided further evidence that the innocent landowner defense applies to them; and, the State will profit off the cleanup of RTRVP if the Hinkles have to pay the entire $1.6 million plus interest as required by the Consent Decree. The State's brief provided evidence to support its opposition on each of the Hinkles' allegations. |
Rich Sundet |
| 8/16/2007 |
Update or Other Action |
On 8/16/07, DEC provided EPA with a signed notice of award in follow-up to Grant XP-96046401 for reimbursement of a portion of its expenses (match) encountered in the groundwater remediation project at RTRVP between State FYs 2007 and 2011. The grant is for remaining monies in the $2.9 M grant previously awarded to the State for the groundwater remediation project. The award noted that that allowable project cost is $1,732,457.00 and the State's contribution is $848,957.00 and EPA's contribution is $883,500.00. |
Rich Sundet |
| 8/20/2007 |
Update or Other Action |
On 8/20/07, DEC transmitted to Bill Gissel of EPA via e-mail a cover letter with accompanying quarterly progress reports for the State's 3rd Quarter FY07 (i.e., 1/1 - 3/31/07) and 4th Quarter FY07 (i.e., 4/1 - 6/30/07) in fulfillment of th Annual Performance Report administrative requirements of the federal agreement for Grant XP-96046401. |
Rich Sundet |
| 9/4/2007 |
Update or Other Action |
On 9/4/07, DEC provided comments (via e-mail) and a markup of the plan (via facsimile) to Oasis of their "Draft Work Plan 2007-2008 Groundwater Monitoring River Terrace RV Park Soldotna, Alaska" dated 9/4/2007. The report was received via e-mail on 8/31/07. The plan proposed sampling selected monitoring wells in September 2007 and in May 2008. |
Rich Sundet |
| 9/27/2007 |
Update or Other Action |
On 9/27/07, Sundet discussed with Virgil Norton that he could pickup the summary of the data from the May 2007 groundwater sampling event at DEC. Norton's wife Gwen had requested that data on his behalf on 9/25/07. Sundet noted that the May data had not yet been validated by Oasis staff. |
Rich Sundet |
| 10/2/2007 |
Update or Other Action |
On 10/2/07, DEC signed Amendment #1 for the EPA Grant XP-96046401 for reimbursement of a portion of its expenses (match) encountered in the groundwater remediation project at RTRVP between State FYs 2007 and 2011. The grant is for remaining monies in the $2.9 M grant previously awarded to the State for the groundwater remediation project. The Amendment revises administrative conditions 1 and 13, and adds aministrative condition 16 while the EPA funding amount stays the same. The 8/30/07 award noted that that allowable project cost is $1,732,457.00 and the State's contribution is $848,957.00 and EPA's contribution is $883,500.00. |
Rich Sundet |
| 10/15/2007 |
Update or Other Action |
At the request of Bill Gissel of EPA, DEC provided him on 10/15/07 the four quarterly progress reports and financial records for FY07. |
Rich Sundet |
| 10/19/2007 |
Update or Other Action |
On 10/19/07, the Attorney General's Office filed an Opposition to Motion for Settlement Conference with the State Supreme Court. On 8/22/07, Hinkles counsel filed an appeal to the Supreme Court on Superior Court's 7/27/07 decision denying Hinkles' Motion to Vacate the Consent Decree and Strict Liability which was filed in 7/06. |
Rich Sundet |
| 10/19/2007 |
Update or Other Action |
On 10/19/07, CS provided a marked up copy with comment to Oasis of their draft report 'Draft Letter Report - Phase V HRC Injection October 2006 River Terrace RV Park" dated 6/22/07. The report documents findings of Oasis' work at the site between 9/26 and 10/5/06 in which they performed Phase V work by installing new injection points and injecting HRC in those and other selected lower plume injection points; collected soil and groundwater samples; installed MW-47 where it was screened in the deeper till area; and, collected instaneous readings of contaminants using a Geoprobe with a Membrane Interface Probe.
|
Rich Sundet |
| 10/22/2007 |
Update or Other Action |
On 10/22/07, the Attorney General's Office responded to a 9/25/07 settlement offer proposed by Hinkles' counsel for $300,000. The AG letter noted that under the 2000 Consent Decree, the Hinkles had paid $300,000 of principle so far and the balance of the $1.3 million, plus remaining interest, is due in 2010. The letter also noted that the State and the Hinkles have previously discussed entering into a Prospective Purchaser Agreement (PPA) which would enable the Hinkles to sell all or art of the property or to refinance it. The State had sent a draft PPA to Hinkles counsel in 2001 and the State is willing to discuss a PPA. |
Rich Sundet |
| 10/23/2007 |
Update or Other Action |
On 10/23/07, the Attorney General's Office responded to Hinkles letter to Gov. Palin on 7/15/07 in which the Hinkles made several contentions, including a request for assistance because they cannot refinance to pay off the State lien as a result of the State's expenses on the cleanup. The AG response addressed several of the Hinkles contentions including that DEC had observed a release of contaminants on the property in 1992 well after the Hinkles purchased the property in 1974; that spill analysis and aging indicated that PCE releases ranged from 500 - 1,000 gal. vs what Hinkles contended at between 20 and 50 gal.; and that the contamination endangered the Kenai River. The letter also noted that it was fortunate that the Hinkles were able to collect about $2.2 million from inurance proceeds to cover part of their cleanup costs and that the DEC on-going cleanup is making the previously contaminated portion of the property (abt. 1 acre) more developable - in 2005 the RTRVP property was appraised at $4.1 million. DEC occurred significant expenses of more than $4 million and will incur future cleanup/monitoring costs. Thus, to assist the Hinkles in paying the State the remainder of what is owed to it under the 2000 Consent Decree or $1.3 million plus interest (Hinkles have paid $300,000 in principle so far of the $1.6 million settlment) , the State is willing to discuss a Prospective Purchaser Agreement (PPA) with the Hinkles to fulfill their part of the settlement (the Consent Decree requires that by 2010 the Hinkles pay the remainder of the principle plus interest, if the principle is not paid off). |
Rich Sundet |
| 10/24/2007 |
Update or Other Action |
On 10/24/07, Amy Daugherty of CS provided the 1st quarter FY08 progress report via e-mail to EPA. The report also included a spreadsheet of expenses by DEC staff during that time period. |
Rich Sundet |
| 1/14/2008 |
Update or Other Action |
On 1/14/08, Amy Daugherty of CS provided the 2st quarter FY08 progress report via e-mail to EPA. The report also included a spreadsheet of expenses by DEC staff during that time period. |
Rich Sundet |
| 2/28/2008 |
Update or Other Action |
On 2/28/08, DEC replied to Ofelia Erickson of EPA in response to a Request of a 2007 biennial Hazardous Waste Report for the RTRVP site, that upon review of manifests for 2007 that ADEC was a small quanity generator (i.e., generated 520 and 775 pounds of F002 waste every six months due to investigation/cleanup activities). In addition, DEC planned to remain as a SQG for 2008. Therefore, there was no need to submit a 2007 hazardous waste report. |
Rich Sundet |
| 3/17/2008 |
Update or Other Action |
On 3/17/08, SPAR issued NTP 18-9028-13-47 to Oasis for $45,769.97 to perform a sediment and pore water sampling event in April or early May 2008 at similar locations in the Kenai River as in 2006 and other previous years when other sediment/pore water sampling occurred. |
Rich Sundet |
| 3/17/2008 |
Update or Other Action |
On 3/17/08, DEC responded to Joseph Kashi counsel for the Hinkles regarding Kashi's 2/25/08 dated letter that requested all written, video and photographic documents pertianing in any way to any and all internal investigations including any reports authored by or otherwise made by Fran Podmolik of DEC involiving allegedly inappropriate remarks by two DEC staff involving the Hinkles, RTRVP and Hinkles former consultant. DEC's 3/17 letter notified Kashi that because of the complexity of the request and the background of the issue, that it was extending the time to respond to the request for another 10 working days as 6 AAC 96.325(d) permits.
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Rich Sundet |
| 3/28/2008 |
Update or Other Action |
On 3/8/08, the Attorney General's Office filed a Brief of Appellee to the Alaska Supreme Court in response to an earlier appeal by the Hinkles of Judge Wolverton's decsion in Superior Court to deny Hinkles' Motion to Vacate the Consent Decree. Earlier, on 10/19/07, the Attorney General's Office filed an Opposition to Motion for Settlement Conference with the State Supreme Court. On 8/22/07, Hinkles counsel filed an appeal to the Supreme Court on Superior Court's 7/27/07 decision denying Hinkles' Motion to Vacate the Consent Decree and Strict Liability which was filed in 7/06. |
Rich Sundet |
| 4/1/2008 |
Update or Other Action |
On 4/1/08, DEC responded to Joseph Kashi counsel for the Hinkles regarding Kashi's 2/25/08 dated letter that requested all written, video and photographic documents pertianing in any way to any and all internal investigations including any reports authored by or otherwise made by Frna Podmolik of DEC involiving allegedly inappropriate remarks by two DEC staff involving the Hinkles, RTRVP and Hinkles former consultant. DEC's 4/1 letter notified Kashi that the Podmolik report is considered a personnel record and as such is confidential under AS39.25.080. While DEC denied release of the document, DEC provided Kashi four documents that related to the matter. |
Rich Sundet |
| 4/2/2008 |
Update or Other Action |
On 4/2/08, CSP approved of Oasis document "Draft Work Plan 2008 Kenai River Sediment/Pore Water Sampling River Terrace RV Park Soldotna, Alaska" dated 3/28/2008. The work plan was submtited via e-mail to CSP on 3/27/08. |
Rich Sundet |
| 4/17/2008 |
Update or Other Action |
On 4/17/08, CS provided Oasis with a mark up copy with comments of their document "Draft Groundwater Monitoring Report May 2007 Rier Terrace RV Park Soldotna, Alaska" dated November 7, 2007. |
Rich Sundet |
| 4/21/2008 |
Exposure Tracking Model Ranking |
Initial ranking with ETM completed. |
Rich Sundet |
| 4/30/2008 |
Update or Other Action |
On 4/30/08, Patricia Nault of CS provided the 3rd quarter FY08 progress report via e-mail to EPA. The report also included a spreadsheet of expenses by DEC staff between 12/16 - 12/31/07, and 1/1-3/31/08. |
Rich Sundet |
| 5/5/2008 |
Update or Other Action |
Between 5/5 and 5/6/08, Oasis impleptented its "Work Plan 2008 Kenai River Sediment/Pore Water Sampling River Terrace RV Park Soldotna, Alaska." DEC had provided comments on the draft plan on 4/2/08, which plan was dated 3/28/2008. |
Rich Sundet |
| 5/5/2008 |
Site Visit |
At the request of the project manager, Rich Sundet, the CSP quality assurance officer was onsite to oversee sampling and workplan compliance in May of 2008. Oasis Environmental employees conducted pore water sampling during low stream flows at four different sampling sites. No deviations from the workplan were noted except for the additon of one more sampling point, which was approved by the DEC project manager. |
Brenton Porter |
| 5/12/2008 |
Update or Other Action |
Between 5/12 and 5/14/08, Oasis performed the semi-annual groundwater monitoring event in accordance to its previously approved workplan. |
Rich Sundet |
| 5/13/2008 |
Site Visit |
At the request of the project manager, the CSP quality assurance officer was on site on Tuesday 5/13/2008 to observe Oasis Environmental collect groundwater samples at various wells including HRC injection sites. No deviations from the workplan were noted except the addition of three additional sampling points L-78, L-79, L-80. |
Brenton Porter |
| 6/2/2008 |
Update or Other Action |
On 6/2/08, DEC issued NTP 1890281350 to Oasis for $22,164.95 to characterize and dispose of up to five drums of IDW soil that had been generated by DEC at the site during past investigations. The work would also include rinsing and disposing of up to 75 empty drums that had contained IDW soil and purgewater generated by DEC during past investigations. Also, the NTP would dispose of the rinsewater off site. |
Rich Sundet |
| 6/9/2008 |
Update or Other Action |
On 6/9/08, CSP provided comments via email to Oasis regarding their "Draft Work Plan 2008 Drum Characterization and Disposal River Terrace RV Park Soldotna, Alaska" dated 6/6/08. DEC received the draft workplan via email on 6/6/08. |
Rich Sundet |
| 6/17/2008 |
Update or Other Action |
On 6/17/08, Hinkles' counsel filed a notice of waiver of oral argument and that they would file a motion to dismiss their appeal. Earlier on 3/8/08, the Attorney General's Office filed a Brief of Appellee to the Alaska Supreme Court in response to an earlier appeal by the Hinkles of Judge Wolverton's decsion in Superior Court to deny Hinkles' Motion to Vacate the Consent Decree. On 10/19/07, the Attorney General's Office filed an Opposition to Motion for Settlement Conference with the State Supreme Court. On 8/22/07, Hinkles counsel filed an appeal to the Supreme Court on Superior Court's 7/27/07 decision denying Hinkles' Motion to Vacate the Consent Decree and Strict Liability which was filed in 7/06. |
Rich Sundet |
| 6/18/2008 |
Update or Other Action |
On 6/18/08, Hinkles' counsel filed a mothion to dismiss appeal with each party to bear its own fees, costs and attorneys fees. On 6/17/08, Hinkles' counsel filed a notice of waiver of oral argument. Earlier on 3/8/08, the Attorney General's Office filed a Brief of Appellee to the Alaska Supreme Court in response to an earlier appeal by the Hinkles of Judge Wolverton's decsion in Superior Court to deny Hinkles' Motion to Vacate the Consent Decree. On 10/19/07, the Attorney General's Office filed an Opposition to Motion for Settlement Conference with the State Supreme Court. On 8/22/07, Hinkles counsel filed an appeal to the Supreme Court on Superior Court's 7/27/07 decision denying Hinkles' Motion to Vacate the Consent Decree and Strict Liability which was filed in 7/06. |
Rich Sundet |
| 7/3/2008 |
Update or Other Action |
In follow-up to a conversation with Virgil Norton on 7/2/08, on 7/3/08 provided for Norton for pickup copies of the following final reports regarding the RTRVP contaminated site:
•“Final Quarterly Groundwater Monitoring Report, May 2007, River Terrace RV Park, Soldotna, Alaska” dated May 30, 2008.
•“Final Quarterly Groundwater Monitoring Report, September 2007, River Terrace RV Park, Soldotna, Alaska” dated June 16, 2008.
•”Final 2008 Kenai River Sediment and Pore Water Sampling Work Plan River Terrace RV Park Soldotna, Alaska” dated April 4, 2008.
•“Final Work Plan, 2008 Drum Characterization and Disposal River Terrace RV Park Soldotna, Alaska” dated June 17, 2008.
In addition to the final reports listed above, DEC provided several other summary tables that Norton had requested. However, the enclosed summary tables of the May 2008 groundwater sampling event have not been finalized and laboratory data validated by Oasis. One of the summary tables were for volatile organic compound (VOC) data for the May groundwater sampling event for the 12 selected monitoring wells sampled, plus for two selected HRC injection points (L-79 and L-80), and for three samples collected in the adjacent Kenai River water column.
DEC's transmittal letter noted the following summary of the May 2008 groundwater findings:
Upper Plume:
1. Total chlorinated ethenes have definitely declined. Contamination levels fluctuate but peaks are much lower than they used to be.
2. Ethenes have increased. In May 2008, ethene was detected in all 4 upper plume wells sampled.
3. Note: in MW-16, molar percentage of Vinyl chloride (VC) plus (+) ethene exceeded cis-DCE for the first time in May 2008.
4. Moderate amounts of total volatile acids were detected in 3 of the 4 upper plume wells (all but MW-25).
Lower Plume:
1. MW-4a: Although there have been no acids detected since February 2005 and there are no indications of vinyl chloride or ethene (therefore no complete reductive dechlorination), contamination levels continue to decline.
2. MW-39: Steady declining contamination levels since 2003 (with fluctuations), and good consistent ethene production. On a molar basis, the percentage of VC + ethene fluctuates but is sometimes approaching the molar percentage of cis-DCE.
3. MW-9: There was a steep drop in contamination levels between October 2004 and May 2006. But then there was a rebound between May 2006 and September 2006 and contamination levels have remained fairly constant since then. Also interesting that ethene peaked in May 2005 and has steadily declined since then. As of yet it is unclear why ethene levels continued to decline when contamination levels rebounded.
4. MW-40: MW-40 contamination has dropped dramatically. Almost no contamination (3 ppb DCE) was detected in MW-40 in May 2008, although there is an expectation that it will to rebound somewhat. Ethene level in MW-40 was essentially equal to ethene detected in MW-9.
5. MW-6: MW-6 contamination has been very low for the past 4 sample events.
6. Total volatile acids detected in the lower plume wells (MW-39, MW-9, and MW-40) are adequate. Volatile acid levels fluctuate, with concentrations decreasing a lot in MW-39 since September 2007, but increasing a lot in MW-9 and MW-40.
Semi-confined water-bearing zones:
1. MW-44: Contamination levels decreased substantially to the lowest measured after being very high in September 2007. The molar percentages of VC + ethene are approaching the percentage of cis-DCE.
2. MW-47: Contamination levels also decreased a lot in MW-47, but the reductive dechlorination seems to be stalled at cis-DCE. Relatively low vinyl chloride and no ethene were detected in May 2008.
3. MW-44 and MW-47 appear to be quite different from each other. As we saw in September, the geochemistry is very different (MW-44 has low iron and methane, whereas MW-47 has high iron and methane). The water levels seem to be unrelated (MW-47 is much higher and does not seem to be related to the river, whereas there is a correlation between MW-44 and the river). Also, the degree of reductive dechlorination is very different, with MW-47 seemingly stalled at cis-DCE whereas MW-44 has reduced to ethene.
4. HRC Injection point L-79: Moderate contamination levels with some PCE TCE, DCE, and vinyl chloride, suggesting that reductive dechlorination is occurring but complete reduction is not dominant. Low methane and moderate concentrations of acids.
5. HRC Injection point L-80: Very high PCE with lower TCE, DCE, and VC. Low methane but 5 mg/L ethane and moderate acids. The expectation was that L-80 would have had a higher degree of reductive dechlorination since HRC was injected into this point in the Phase V injection that occurred in 2006.
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Rich Sundet |
| 7/7/2008 |
Update or Other Action |
On 7/7/08, the Alaska Supreme Court granted the 6/18/08 motion to dismiss the the appeal. On 6/18/08, Hinkles' counsel filed a mothion to dismiss appeal with each party to bear its own fees, costs and attorneys fees. On 6/17/08, Hinkles' counsel filed a notice of waiver of oral argument. Earlier on 3/8/08, the Attorney General's Office filed a Brief of Appellee to the Alaska Supreme Court in response to an earlier appeal by the Hinkles of Judge Wolverton's decsion in Superior Court to deny Hinkles' Motion to Vacate the Consent Decree. On 10/19/07, the Attorney General's Office filed an Opposition to Motion for Settlement Conference with the State Supreme Court. On 8/22/07, Hinkles counsel filed an appeal to the Supreme Court on Superior Court's 7/27/07 decision denying Hinkles' Motion to Vacate the Consent Decree and Strict Liability which was filed in 7/06. |
Rich Sundet |
| 7/14/2008 |
Update or Other Action |
On 7/14/08, SPAR issued NTP 18-9028-13-57 to Oasis for $12,268.51 to finalize a draft and final reports of work that they performed in June 2008 in an earlier NTP to characterize contents of drums on site with IDW soil and groundwater and to dispose of these drums and empty drums. The drums and drums of IDW had been generated by DEC during investigative work. occurred. |
Rich Sundet |
| 7/14/2008 |
Update or Other Action |
On 7/14/08, SPAR issued NTP 18-9028-13-58 to Oasis for $11,949.38 to finalize a draft and final report of work that they performed in May 2008 in an earlier NTP to perform a pore water and sediment sampling investigation in the Kenai River adjacent to the RTRVP property. |
Rich Sundet |
| 7/14/2008 |
Update or Other Action |
On 7/14/08, SPAR issued NTP 18-9028-13-59 to Oasis for $8,845.69 to finalize a final report of work that they performed in May 2008 in an earlier NTP to perform a groundwater sampling event. |
Rich Sundet |
| 8/21/2008 |
Update or Other Action |
On 8/21/08, SPAR issued NTP 18-9028-13-65 to Oasis for $101,880.80 to perform semi-annual groundwater events in fall 2008 and spring 2009, provide reports of those sampling events, and provide technical assistance to DEC. |
Rich Sundet |
| 9/4/2008 |
Update or Other Action |
On 9/4/08, CSP provided comments via e-mail to Oasis regarding their document "Draft Work Plan 2008 to 2009 Groundwater Monitoring River Terrace RV Park." CSP received the draft work plan on 9/3/08 via e-mail. |
Rich Sundet |
| 10/3/2008 |
Update or Other Action |
On 10/3/08, CS provided comments to Oasis via e-mail regarding their document ""Draft Quarterly Groundwater Monitoring Report May 2008 River Terrace RV Park Soldotna, Alaska"" dated 6/30/2008. DEC provided the comments on a marked up copy of the draft report. DEC received the draft report on 7/2/2008. |
Rich Sundet |
| 10/20/2008 |
Document, Report, or Work plan Review - other |
On 10/20/2008, DEC provided Oasis with marked up copy of their "Draft Report Kenai River Sediment and Pore Water Sampling Performed in May 2008 River Terrace RV Park Soldotna, Alaska" dated September 25, 2008. DEC received the draft on 9/25/2008. |
Rich Sundet |
| 11/20/2008 |
Update or Other Action |
On 11/20/08, DEC sent via e-mail quarterly progress reports to Bill Gissel of EPA as a requirement of the EPA STAG grant (XP-96046401). The last two quarterly reports were sent to Mr. Gissel, i.e., the 4th Quarter for State FY2008 (4/1 - 6/30/08) and 1st Quarter for State FY2009 (7/1 - 9/30/2008). |
Rich Sundet |
| 11/24/2008 |
Update or Other Action |
On 11/24/08, Commissioner Hartig responded by letter to Hinkles' letter to Commissioner Kreitzer requesting a meeting and to conduct groundwater remedaiton at RTRVP. Hinkle's letter was received at ADEC on 10/8/08. In their letter, Hinkles proposed that their consultant Maat Environmental be allowed to inject their microbes/nutrients to treat the remaining vinyl choride in the lower plume. The attached Maat proposal noted that it could treat the vinyl chloride in the lower plume to cleanup levels less than 2 ug/L within 12 months. Commissioner Hartig noted that he was willing to meet. The Commissioner's letter also addressed several issues contained in Hinkles' submittal including a review of the proposal to inject additional HRC at the site by Karl Van Buskirk, P.E. as requested by Gary Hinkle; an article by Stephen Koenigsberg of Regenesis; and, a site remediation proposal by Maat Environmental dated 5/11/2007. The following additional information was requested by ADEC so that ADEC could properly evaluate the Maat proposal: the type of microbes and other substances to be injected; references and associated data regarding past investigations where the proposed Maat process has been successfully used at sites contaminated with PCE and its degradation products; information how the Maat process will degrade the PCE remaining in the deeper till in the lower plume area in the are of injection points L79 and L80, and how the proposed process described as an enhanced in situ aerobic remediation method would degrade PCE; methods by which the above amendements will be added and distributed to the subsurface soils and groundwater systems; and, how the proposal will address contamination in the upper plume that also exceeds cleanup levels. |
Rich Sundet |
| 12/10/2008 |
Update or Other Action |
On 12/10/08, DEC provided comments to Oasis via email regarding their document "DRAFT REPORT - Drum Characterization and Disposal at River Terrace RV Park, Soldotna, Alaska" dated 12/9/08. DEC had received the Oasis draft report on 12/9/08 via email. |
Rich Sundet |
| 12/22/2008 |
Update or Other Action |
On 12/22/08, DEC received final copies from Oasis of the following two reports: "FINAL REPORT -Drum Characterization and Disposal at River Terrace RV Park, Soldotna, Alaska" dated 12/11/08 and "Draft Quarterly Groundwater Monitoring Report May 2008 River Terrace RV Park Soldotna, Alaska" dated 11/26/08. The groundwater report showed that PCE exceeded cleanup levels in injection points L79 and L80; cis DCE in MW47; and, vinyl chloride in nearly all but one of the 12 monitoring wells sampled and in L79 and L80. The drum characterization and disposal report showed that about 100 empty drums were rinsed and the drums and rinsewater disposed of, and three full drums of contaminated soil that was generated at an unknown date was disposed of as F002 waste. Bsed upon its review, DEC approved of the reports.
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Rich Sundet |
| 1/29/2009 |
Meeting or Teleconference Held |
On 1/29/09, in response to Commissioner Hartig's 11/24/08 letter that noted that he was available to meet, Gary and Judith Hinkle along with their counsel Kneeland Taylor and evidently consultant Karl Van Buskirk and several others met with Commissioner Hartig and Steve Mulder of the Attorney General's Office. Discussion by the Hinkle group focused on the Maat proposal, a proposal to drop the environmental lien on the larger about 8.5 acre RTRVP, and a follow-up meeting to discuss technical issues associated with the site. (Subsequent to the meeting, Kneeland Taylor sent Mulder a letter on the various requests that the Hinkle group made at the meeting, including that the Hinkles and DEC would exchange names of technical experts it has on this project to review data; Hinkles requested an extension for two years to meet the payment obligations of the Consent Decree (i.e., payment of remaining $1,300,000 plus interest in fall 2010); and, a partial release of the environmental lien on the large 8.5 acre tract). |
Rich Sundet |
| 3/10/2009 |
Update or Other Action |
On 3/10/09, CS provided a cover letter to Karl Van Buskirk in response to his 2/19/09 request to Commissioner Hartig for copies of laboratory data at the site for the past 2 years. CS provided final reports for the May 2007, September 2007 and May 2008 groundwater sampling events; final report for the Phase V HRC injection event performed in 2006; and preliminary saummary tables for data collected during the September 2008 groundwater sampling event; and, summary tables for sampling of the pore water and sediment in the adjacent Kenai River in May 2008. |
Rich Sundet |
| 4/9/2009 |
Update or Other Action |
On 4/8/09, DEC forwarded via email to Bryan Yim of EPA the 2nd quarter performance report for FY09 that is required per the EPA Grant XP-96046401-2. Prior reports had been submitted to Bill Gissel who left that position in fall 2008 and was replaced by Bryan Yim. |
Rich Sundet |
| 4/17/2009 |
Update or Other Action |
On 4/17/09, SPAR issued NTP 18-9028-13-054 to Oasis for $143,377.59 to prepare and implement a workplan for a Phase VI Injection of HRC in selected areas of the lower contaminant plume. Information has shown that PCE remains in a tight formation within the till area around MW-47. The area of elevated PCE is in the area below the excavation that occurred in fall 1997 below the sanitary sewer line that was cut and along the periphery of the excavation. The excavation had been to a maximum depth of around 30-35 feet bgs in this area. The work will install up to 15 additional injection points and inject HRC into those point in the area around MWs 44 and 47 and up gradient of injection point L50 and west of L88. Also up to three new monitoring wells will be installed in this area to monitor the progress of the remediation. |
Rich Sundet |
| 5/5/2009 |
Update or Other Action |
Between 5/5/09 and 5/7/09, Oasis performed the semi-annual groundwater monitoring event at RTRVP. |
Rich Sundet |
| 5/14/2009 |
Update or Other Action |
In subpoena's dated 5/14/09 the U.S. District Court ordered Sundet and Fritz to provide deposition regarding the River Terrace RV Park site in Soldotna. The current property owners (Hinkles) reached an agreement with the prior property owners (Bilodeaus). The agreement allowed the Hinkles to pursue collecting on insurance policies held by the Bilodeaus. As a result, the insurance companies issued subpoenas to Fritz and Sundet as well as CS’s term contractor Max Schwenne of Oasis Environmental in a subpoena dated 5/11/09. Prior to receiving the subpoenas, CS provided various documents to counsel for the insurance companies upon request. Schwenne was required to provide documentation that Oasis has had in relation to RTRVP within ten days but the Attorney General’s Office contracted counsel for the insurance companies requesting them to narrow the scope of their request. |
Rich Sundet |
| 5/24/2009 |
Update or Other Action |
On 5/24/09, SPAR issued NTP 18-9028-13-084 to Oasis for $4,950.69 to compile documents in response to a subpoena associated with River Terrace RV Park by insurance carriers that represented the former property owners of River Terrace RV Park, i.e., the Bilodeaus. Litigation is apparently on-going between the Hinkles and the insurance carriers in which the Hinkles allege that the contamination at RTRVP was from activities when the Bilodeaus had owned the property. |
Rich Sundet |
| 6/2/2009 |
Update or Other Action |
In response to subpoena's being issued to Sundet and Fritz, on 6/2/09 Sundet and Fritz gave deposition after being served subpoenas regarding the River Terrace RV Park site in Soldotna. The current property owners (Hinkles) reached an agreement with the prior property owners (Bilodeaus). The agreement allowed the Hinkles to pursue collecting on insurance policies held by the Bilodeaus. Steve Maulder of the Attorney General's Office represented DEC staff during the deposition. Hinkle had counsel from two different law firms representing him while the insurance companies had attorneys from one law firm representing them. |
Rich Sundet |
| 6/12/2009 |
Update or Other Action |
In response to its subpoena to Oasis, the Attorney General's Office contacted Ms. Jamie Carsey of Thompson, Coe, Cousins, & Irons, L.L.P. to narrow the scope of the request for documents posed to Max Schwenne and Oasis. On 6/12/09, Steve Mulder of the AG's office provided Ms. Carsey via email Oasis' response to the questions posed by Ms. Carsey or her law firm and noted that the State would mail her a copy of a draft Oasis report. Schwenne had earlier been required in the subpoena to provide documentation that Oasis has had in relation to RTRVP within ten days but the Attorney General’s Office contracted counsel for the insurance companies requesting them to narrow the scope of their request. |
Rich Sundet |
| 6/22/2009 |
Update or Other Action |
On 6/22/09, Paul Karaffa of TetraTech representing the Environmental Protection Agency (EPA) performed an inspection in association with EPA’s grant for the River Terrace RV Park site in Juneau. At this time TetraTech limited the inspection to reviewing documents association with the grant that are retained in DEC’s Juneau office. TetraTech met with Joanna McDowell, Gary Cuscia and Pat Nault. TetraTech informed DEC that it would continue the inspection by reviewing contract files in DEC's Anchorage office between August 17 and 21, 2009 and may inspect the site in Soldotna when cleanup and assessment activities would be occurring by DEC's contractor Oasis. |
Rich Sundet |
| 6/29/2009 |
Update or Other Action |
On 6/29/09, SPAR issued NTP 18-9028-13-085 to Oasis for $4,978.42 to perform a vapor intrusion evaluation on whether the soils that were landspread on the 8.5 acre RTRVP tract (in 2003) and had been generated (in 1997) and treated by the Hinkles on site, may pose a risk to current and future nearby residents. |
Rich Sundet |
| 7/6/2009 |
Update or Other Action |
On 7/6/2009, DEC provided Oasis with marked up copy of their "Draft Groundwater Monitoring Report September 2008 River Terrace RV Park Soldotna, Alaska" dated April 30, 2009. DEC received the draft on 5/14/2009. |
Rich Sundet |
| 8/6/2009 |
Cleanup Plan Approved |
On 8/6/09, Sundet verbally approved of Oasis' changes to address Horwath's comments regarding Oasis' draft work plan titled "Draft Work Plan Phase VI Injection River Terrace RV Park Soldotna, Alaska" dated July 14, 2009. DEC had earlier provided comments by Horwath regarding the plan via email on 8/4/09. DEC had received the draft plan via email from Oasis on 7/17/09. |
Rich Sundet |
| 8/7/2009 |
Update or Other Action |
On 8/7/09, Commissioner Hartig notified Kneeland Taylor by email that DEC had reviewed Taylor's 8/6/09 email that requested DEC delay its contractor Oasis' schedule from implementing Phase VI work because DEC should review a proposal by ORIN Technology (included in Taylor's email) and at the upcoming meeting planned for 8/20/09 the Hinkles will propose to take over the cleanup. Taylor's email also included a proposal by ORIN Remediation Technology that possibly proposed bioremediation as well as chemical oxidation. In his 8/7 response email to Taylor, Commissioner Hartig stated that DEC would continue on Phase VI as planned because it was important not to delay the contract work in place at this time due to the upcoming cold weather and because HRC is a proven effective remediation process at RTRVP. Commissioner Hartig also noted that DEC is open to new approaches and is reviewing the ORIN proposal in greater detail in preparation for the planned meeting on 8/20. |
Rich Sundet |
| 8/7/2009 |
Update or Other Action |
On 8/7/09, Commissioner Hartig notified Kneeland Taylor by email that DEC had reviewed Taylor's 8/6/09 email that requested DEC delay its contractor Oasis' schedule from implementing Phase VI work because DEC should review a proposal by ORIN Technology (included in Taylor's email) and at the upcoming meeting planned for 8/20/09 the Hinkles will propose to take over the cleanup. Taylor's email also included a proposal by ORIN Remediation Technology that possibly proposed bioremediation as well as chemical oxidation. In his 8/7 response email to Taylor, Commissioner Hartig stated that DEC would continue on Phase VI as planned because it was important not to delay the contract work in place at this time due to the upcoming cold weather and because HRC is a proven effective remediation process at RTRVP. Commissioner Hartig also noted that DEC is open to new approaches and is reviewing the ORIN proposal in greater detail in preparation for the planned meeting on 8/20. |
Rich Sundet |
| 8/7/2009 |
Site Characterization Workplan Approved |
On 8/7/09, CS conditionally approved via email of Oasis' "Draft Work Plan 2009 Vapor Intrusion Evaluation River Terrace RV Park" dated 8/5/2009. The draft plan was submitted via email to DEC on 8/5/09. The plan proposes to collect 10 soil samples were soil from the two stockpiles were landspread on the 8.5 acre parcel at RTRVP in 2003 to determine whether an indoor vapor intusion problem may exist. |
Rich Sundet |
| 8/11/2009 |
Update or Other Action |
On 8/11/09, DEC received copies of Oasis plan "Final Work Plan Phase VI HRC Injection River Terrace RV Park Soldotna, Alaska" dated 8/6/2009. Earlier on 8/6/09, Sundet verbally approved of Oasis' changes to address Horwath's comments regarding Oasis' draft work plan titled "Draft Work Plan Phase VI Injection River Terrace RV Park Soldotna, Alaska" dated July 14, 2009. DEC had also earlier provided comments by Horwath regarding the plan via email on 8/4/09. DEC had received the draft plan via email from Oasis on 7/17/09. |
Rich Sundet |
| 8/12/2009 |
Site Visit |
On 8/12/09, DEC staff Sundet and Porter inspected the site. Oasis had begun field work at the site for Phase VI HRC injection on 8/10. During the inspection, MIP boring L96 was advanced to 36.5 ft. bgs and contaminant readings were observed from about 10 to 26.5 ft. bgs. On 8/11, Oasis/GeoTek had advanced MIP borings L92 and L95 to about the same depth and somewhat the same contaminant readings were observed. |
Rich Sundet |
| 8/14/2009 |
Update or Other Action |
On 8/14/09, Commissioner Hartig notified Kneeland Taylor by letter that DEC had completed a preliminary review of the ORIN proposal that DEC received on 8/6/09. The message also proposed a meeting between the Hinkle group including Larry Kinsman of ORIN and DEC on 8/20/09. In his 8/14th letter, Commissioner Hartig noted that it appeared from the ORIN proposal that ORIN did not have the necessary past reports and information to base their proposal. Therefore, the Commissioner requested a postponement of the 8/20 proposed meeting. Later on 8/14, Sundet called Kinsman who noted he had received the Commissioner's letter and agreed that a meeting on 8/20 was premature. Sundet briefly explained the past history of the site and findings and Kinsman noted that he had received very little information on the site from Hinkle or Karl Van Buskirk. However, he already had plane tickets so was flying up to meet with Hinkle at the site on Monday 8/17. Sundet noted that he and Tim McDougall of Oasis would be at the site so arranged to meet with Kinsman on 8/18 at the site. Earlier, on 8/7/09, Commissioner Hartig notified Kneeland Taylor by email that DEC had reviewed Taylor's 8/6/09 email that requested DEC delay its contractor Oasis' schedule from implementing Phase VI work because DEC should review a proposal by ORIN Technology (included in Taylor's email) and at the upcoming meeting planned for 8/20/09 the Hinkles will propose to take over the cleanup. Taylor's email also included a proposal by ORIN Remediation Technology that possibly proposed bioremediation as well as chemical oxidation. In his 8/7 response email to Taylor, Commissioner Hartig stated that DEC would continue on Phase VI as planned because it was important not to delay the contract work in place at this time due to the upcoming cold weather and because HRC is a proven effective remediation process at RTRVP. Commissioner Hartig also noted that DEC is open to new approaches and is reviewing the ORIN proposal in greater detail in preparation for the planned meeting on 8/20. |
Rich Sundet |
| 8/18/2009 |
Update or Other Action |
DEC staff Sundet and Harwood along with Tim McDougall of Oasis met with Ann Sanford of Tetratech who was inspecting on behalf of EPA regarding the EPA Stag grant to address the cleanup of RTRVP. CS staff gave Ann a brief history of the site, what NTPs DEC have ongoing and in relation to what she would see tomorrow as a result of the Phase VI NTP, showed her CS's administrative files for this site. Copies were provided to her of 3 recent reports by Oasis within the last 2 years (Sediment and Pore water report for event in May 2008), groundwater sampling event for 9/07 and groundwater sampling event for 5/08, a workplan each for the current Vapor Intrusion Evaluation and Phase VI HRC injection work NTPs, and an excel spreadsheet that Sundet developed for in-house use to keep track of all of the NTPs we have issued for this site. Harwood showed her the contract files since fy08 that SPAR has issued for this site and also the last two term contract RFPs. She asked for and received a copy of the current term contract RFP which is now the contract. On 8/19/09 she inspected the RTRVP site and took several photographs. |
Rich Sundet |
| 8/18/2009 |
Site Visit |
On 8/18/09, DEC staff Sundet, Horwath and Porter inspected the site. Also on site was Tim McDougall and others from Oasis. Oasis had begun field work at the site for Phase VI HRC injection on 8/10. During the 8/18 inspection, borings were advanced and soil samples were collected on the periphery of MW-47. Staff also accompanied Ann Stafford of Tetratech who was inspecting the site on behalf of EPA regarding the Stag grant for this site. CS and Oasis staff met with Gary Hinkle and several consultants that he brought up from lower States to provide advice, i.e., Larry Kinsman and Scott Craig of ORIN Technologies and Buck Cox of Advanced Oxidation Technology. Also onsite was Karl Van Buskirk apparently providing technical advice to Hinkle as well. Kinsman, Craig and Cox provided some suggestions on possibly accelerating the bioremediation effort that was ongoing during Phase VI in the deeper till area of the lower plume.
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Rich Sundet |
| 8/19/2009 |
Update or Other Action |
Based on data from Phase VI work that showed that contamination was more extensive than thought in the deeper till, on 8/18/09, SPAR amended NTP 18-9028-13-054(B) to Oasis for $24,847.19 (previously awarded $143,377.59) which was to prepare and implement a workplan for a Phase VI Injection of HRC in selected areas of the lower contaminant plume. The amended work would address additional borings would be performed and the IDW soil cuttings that would be generated would be disposed off site as hazardous waste. Information has shown that PCE remains in a tight formation within the till area around MW-47. |
Rich Sundet |
| 8/21/2009 |
Update or Other Action |
On 8/21/09, Sundet discussed Ms. Jamie Carsey of Thompson, Coe, Cousins, & Irons, L.L.P. her request who to serve a subpoena to of Oasis and her request for information within DEC's file on the Complaint that was issued for this site. Earlier in May 2009, a subpoena was issued to Oasis, at the request of Thompson, Coe, Cousins, & Irons, L.L.P. for information. On 8/21, DEC provided a copy of the Complaint and Amended Complaint to Ms. Carsey via e-mail. Carsey will also contract Max Schwenne regarding the subpoena for a deposition. |
Rich Sundet |
| 8/24/2009 |
Site Visit |
On 8/20/09, DEC staff Sundet and Horwath inspected the site. Also on site was Tim McDougall and Eric Boyett from Oasis. Oasis had begun field work at the site for Phase VI HRC injection on 8/10. During the 8/20 inspection, HRC was injected into temporary injection points using the Geoprobe on the periphery of MW-47. Eric noted that soil samples were collected on the 8.5 acre tract on 8/19 but no one representing Hinkle, e.g., Kinsman or Van Buskirk, had requested to collect replicate samples. Sundet also met on 8/20 with Gary Hinkle and Larry Kinsman of ORIN Technologies. Discussion with Kinsman focused around what options are available if contamination is detected on the 8.5 acre tract and Kinsman followed up on his 8/18 suggestions on possibly accelerating the bioremediation effort that was ongoing during Phase VI in the deeper till area of the lower plume. Eric estimated that the field work for Phase VI would be completed on 8/21/09. |
Rich Sundet |
| 9/10/2009 |
Update or Other Action |
On 9/10/09, DEC received TetraTech's report dated 9/4/09 regarding its inspection that it performed on behalf of EPA for the EPA Stag grant (grant number XP-960464-01) to address the cleanup of RTRVP. The inspection was performed by Paul Karaffa of TetraTech on 6/22/09 in Juneau and by Ann Sanford of TetraTech on 8/17-18/09 in Anchorage then at the RTRVP site in Soldotna (on 8/18). |
Rich Sundet |
| 9/11/2009 |
Site Characterization Report Approved |
ON 9/11/09, Oasis delivered copies of their final report "Final Groundwater Monitoring Report September 2008 River Terrace RV Park Soldotna, Alaska" dated August 28, 2009. Earlier on 7/6/2009, DEC provided Oasis with marked up copy of their "Draft Groundwater Monitoring Report September 2008 River Terrace RV Park Soldotna, Alaska" dated April 30, 2009. DEC received the draft on 5/14/2009. The report was approved on 9/11/09. 25 selected monitoring wells, three HRC injection points (L78, L80, L81) and three surface Kenai River water samples (opposite MWs 5,6 and 8) were sampled. The maximum PCE contamination was detected in two of the injection points L78 (22,800 ug/L) and L80 (41,300 ug/L), the max. cis DCE concentration was detected in MW-47 at 40,600 ug/L, and the max. vinyl chloride was 4,340 ug/L at MW44. No dectections of chemicals of concern were found in the surface water samples of the Kenai River. |
Rich Sundet |
| 9/21/2009 |
Update or Other Action |
On 9/21/09, DEC forwarded via email to Bryan Yim of EPA the 3rd and 4th quarters performance reports for FY09 that is required per the EPA Grant XP-96046401-2. Prior reports had been submitted to Bill Gissel who left that position in fall 2008 and was replaced by Bryan Yim. |
Rich Sundet |
| 9/22/2009 |
Update or Other Action |
On 9/22/09, SPAR issued NTP 18-4002-11-004 to Oasis for $108,948.17 to submit a work plan and implement it to perform semi-annual groundwater sampling events (fall 2009 and spring 2010), and provide technical assistance to DEC in FY10. |
Rich Sundet |
| 10/5/2009 |
Update or Other Action |
Between 10/5 and 10/9/09, Oasis performed the fall groundwater sampling event. |
Rich Sundet |
| 10/20/2009 |
Update or Other Action |
In response to a request on 10/15/09, on 10/20/09, Steve Gruhn of Clarus came in and picked up copies that we had made for him regarding the entire report for the 9/08 groundwater sampling event and excerpts, i.e., the data and field findings and summary of the data in tables, of Oasis’ draft report dated 10/7/09 of the vapor intrusion evaluation of the soils landspread on the 8.5 acre RTRVP tract. |
Rich Sundet |
| 10/28/2009 |
Update or Other Action |
On 10/28/09, DEC provided the 1st Quarter performance report for FY2010 to Bryan Yim of EPA regarding EPA grant XP-96046401-1. |
Rich Sundet |
| 10/30/2009 |
Update or Other Action |
On 10/30/09, Gary Hinkle discussed with Sundet more information on the water line leak. Gary noted that the water usage showed 180,000 gal. from the City of Soldotna between late August to mid October 2009, and suspected that the water line leak was the result of drilling activity that occurred during DEC's HRC Phase VI work in August. Sundet contacted Tim McDougall of Oasis to contract Hinkle and develop a plan to address the water line leak. McDougall noted that in his conversation with Hinkle that Gary noted that he repaired a water line leak that serviced the mobile home park within the last year but it was unclear where that repair occurred. |
Rich Sundet |
| 10/30/2009 |
Update or Other Action |
On 10/30/09, Sundet discussed with Steve Gruhn of Clarus what actions were being taken by Hinkle and by McDougall of Oasis to address the water line leak. Hinkle would close the key box valve by the lift station and open the valve off the City of Soldotna's main to determine whether the leak was between those two points or after the key box. In addition, Sundet informed Gruhn that DEC was concerned whether indoor vapors may pose a current and future risk in the area of the former dry cleaner building because of concentrations of chlorinated compounds in groundwater and from soil that was sampled by Oasis in August that showed 0.984 mg/kg PCE. Because of these issues and impact to address possible closure of the 8.5 acre RTRVP tract as Hinkle had requested, DEC was proposing to perform a vapor intrusion assessment. Sundet informed Gruhn that DEC would give the Hinkle group an opportunity to review the scope of work (SOW) that DEC had prepared prior to sending it to its term contractors and requesting proposals. After the conversation, Sundet provided Gruhn with the draft SOW via email and requested comments by 11/11/09 as DEC would issue the request for proposal by 11/12/09 if there was no reply.
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Rich Sundet |
| 11/30/2009 |
Update or Other Action |
On 11/30/09, SPAR amended NTP 18-9028-13-65 for an additional $5,107.95 to complete the reoprt for the May 2009 groundwater sampling event. Earlier, on 8/21/08, SPAR issued NTP 18-9028-13-65 to Oasis for $101,880.80 to perform semi-annual groundwater events in fall 2008 and spring 2009, provide reports of those sampling events, and provide technical assistance to DEC. The total for the NTP is therefore $106,988.75. |
Rich Sundet |
| 12/8/2009 |
Update or Other Action |
On 12/8/09, DEC received copies of Oasis submittals "River Terrace Draft Groundwater Monitoring Report May 2009" dated 12/2/09 and "Final Letter Report - 2009 Vapor Intrusion Evaluation at River Terrace RV Park" dated 11/25/09. The latter report provided findings of Oasis' soil sampling effort on the 8.5 acre tract where soil was landspread in 2003 after it was excavated and treated on site. |
Rich Sundet |
| 12/8/2009 |
Update or Other Action |
On 12/8/09, DEC issued NTP 18400211008 to Oasis for $110,092.15 to perform a vapor intrusion assessment at RTRVP in the area near the former dry cleaner bldg. The assessment would consist of performing a building survey in January 2010; a sampling event in February and another sampling event in June 2010; and reports prepared after each event. The bldg. survey would consist of surveying the former dry cleaner bldg. and three nearby trailer houses; and based upon the bldg. survey perform seasonal vapor intrusion assessments in February and June; and soil gas investigations in February and June. Information from shallow and deep soil gas probes would provide information whether buildings constructed in the future may have a potential risk via the vapor intrusion indoor pathway. Sampling within the buildings will provide information whether a current indoor vapor intrusion risk exists. |
Rich Sundet |
| 12/22/2009 |
Update or Other Action |
On 12/22/09, DEC and Oasis provided to Steve Gruhn of Clarus Environmental Services, LLC Oasis' document "Draft Work Plan 2010 Vapor Intrusion Assessment River Terrace RV Park Soldotna, Alaska" dated 12/09 and requested comments. |
Rich Sundet |
| 1/13/2010 |
Update or Other Action |
On 1/12/2010, DEC provided a response to Steve Gruhn regarding his 12/29/09 comments of Oasis' document "Draft Work Plan 2010 Vapor Intrusion Assessment River Terrace RV Park Soldotna, Alaska" dated 12/09. |
Rich Sundet |
| 2/3/2010 |
Update or Other Action |
On 2/3/2010, DEC provided to Bryan Yim of EPA the 2nd quarter report for State fiscal year FY2010 as required in the EPA grant XP-96046401-2.
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Rich Sundet |
| 2/5/2010 |
Update or Other Action |
On 2/5/10, DEC provided Steve Gruhn of Clarus the soil gas screening results and figure of locations of the soil gas investigation that occurred during 1/25-27/10. A building survey occurred during 1/27/10. Thirteen of the 31 samples (two were duplicate samples) were selected for laboratory analysis based upon screening results (using Colortec and PID), soil gas sampling depth (installation at 5 ft or 15 ft bgs), and location to obtain a better representatation of the soil gas vapors in the area of investigation - i.e., focused around the former dry cleaner but extending to where the treated soil was landspread in 2003 and along the southern property line between the triangular 1 acre parcel and the 8.5 acre parcel. PID measurements ranged from 0.1 to 6.1 ppmv, and Colortec measurements ranged from 0.0 to 2.0 ppm. The highest PID measurement as well as the highest Colortec measurement was at SG25 which showed 6.1 ppmv on the PID and 2.0 ppm on a Colortec tube. SG25 was located in the lower bench area about 150 feet east of MW 44 and where treated soil was landspread in 2003. Second highest PID reading was at SG13 at 3.8 ppmv (0.0 ppm using a Colortec tube) in the area where the soil was also landspread and the second highest Colortec measurement (0.375 ppm) occurred at SG31 on the northwest side of the former dry cleaner bldg. near MW-16. All but one of the 31 samples showed a PID measurement while 15 of 31 samples showed detections using Colortec tubes. Three primary areas showed detections using Colortec tubes: area around the former dry cleaner bldg. (5 of 6 locations); area where the soil was landspread in 2003 (5 of 7 locations); and in the lower plume area by the area with the known deeper contamination around MW-44 (2 of 3 locations). 10 of the 30 locations were selected as deep (15 ft. bgs) soil gas installations. One of the 30 locations, (SG28) a shallow installation, was not installed due to groundwater detected at only 3 ft bgs). Deeper soil gas installations were chosen for around the former dry cleaner bldg. (SG29, 30, 31 and 32) and elsewhere in the upper plume area where groundwater is typically at 18-20 ft. bgs (SG4, SG9, SG18, SG27 and SG23). Colortec detections at deep installed probes occurred at all deep probes around the former dry cleaner (SG29, 30, 31 and 32), and at SG27 in an area where the soil was landspread in 2003. |
Rich Sundet |
| 2/23/2010 |
Update or Other Action |
On 2/23/10, DEC replied to Ofelia Erickson of EPA in response to a Request of a 2009 biennial Hazardous Waste Report for the RTRVP site, that upon review of manifests for 2009 that ADEC was a large quanity generator during one month and a SQG during other periods when DEC performed investigative or cleanup work(i.e., generated 7,975 lbs. of F002 wastewater from purgewater/development water from monitoring wells and 570 lbs. of F002 solid waste from soil cuttings) in 2009. In addition, DEC planned to typically remain as a SQG for 2010. The letter enclosed the biennial report for the 2009 as requested by EPA. |
Rich Sundet |
| 2/23/2010 |
Update or Other Action |
On 2/23/10, DEC received copies of Oasis' document "Final Work Plan 2010 Vapor Intrusion Assessment" dated January 2010. |
Rich Sundet |
| 2/25/2010 |
Document, Report, or Work plan Review - other |
On 2/25/10, DEC received via e-mail Oasis' interim report ("Interim Results of 2010 Vapor Intrusion Assessment, River Terrace RV Park, Soldotna, Alaska") dated 2/25/10 of the six bldg. surveys performed on 1/27/10 and the soil gas findings performed during the week of January 2010. |
Rich Sundet |
| 2/26/2010 |
Update or Other Action |
On 2/26/10, DEC provided Steve Gruhn of Clarus via email Oasis' draft interim report dated 2/25/10 of the six bldg. surveys on 1/27/10 and the soil gas findings performed during the week of January 2010. DEC informed Gruhn that the bldg. sampling event is tentatively scheduled for the week of March 8 but requested input from Gruhn and Hinkle prior to proceeding. DEC also noted that some of the highest soil gas measurements were in the area where the treated soil was landspread in 2003. DEC also noted that at the present time four bldg. are scheduled to be sampled – the former dry cleaner, the office and two trailer houses. However, one issue is that because of the elevated levels in the landspread area DEC may elect to substitute the office to a bldg. to the east of sample RTSS-7 (near the big rock). Unfortunately because DEC had focused on the area around the former dry cleaner when the bldg. survey was conducted in 1/10 and DEC does not know the status of the bldgs. east of RTSS-7, i.e., whether they are used seasonally, or whether they are RV trailers or trailer houses, DEC asked for input from Gruhn and Hinkle on this proposed substitution. |
Rich Sundet |
| 4/1/2010 |
Site Visit |
DEC staff visited the River Terrace RV Park on April 1, 2010. The initial site visit was requested by Rich Sundet to evaluate the potential for vapor intrusion of mobile homes east of the big rock. These homes were not intitally requested to be evaluated under NTP 18-9028-13-054(B); however, soil gas results noted on February 26th, indicated that mobile homes near landspread soil may be susceptable to vapor intrusion. Three mobile homes were evaluated and identified as space #'s 53, 54, and 55 by Gary Hinkle. Mr. Hinkle stated that these homes were utilized year around and not just seasonally. The homes consisted of wood frames, single story, roughly 1,500 square feet, with wood skirting between the ground surface and the wood floor. The mobile home identified on space 55, which is nearest to the big rock, was fully surveyed while, the other homes did not have building occupants available for interview. The mobile home on space #55 had a layer of asphaltic coated kraft paper between the floor and the ground surface which could serve as a vapor barrier. However, the aphaltic coated kraft paper was discovered to have holes and slits that would not prevent vapors from impacting the overlying building. DEC staff interviewed the building occupant of space #55 and determined that this home would be a good candidate for indoor air sampling since no background sources of chlorinated solvents were discovered. |
Todd Blessing |
| 4/7/2010 |
Site Visit |
DEC staff conducted a site visit to evaluate the progress Oasis has made in completing the vapor intrusion assessment under NTP 18-9028-13-054(B). DEC confirmed that Oasis had installed the three subslab samples in the fish processor/former dry cleaner building. These points were to be sampled on April 8th with 1 liter summa cannisters set to sample over a 30 minute time period. 6 liter summa cannisters were to be deployed late in the day to sample indoor air and crawl space air of the following buildings: Fish Processor/Former dry cleaner, Tim Shipman's trailer home, Hannah Shramek's mobile home, and the mobile home on space # 55 (i.e. adjacent to big rock). The 6 liter summa cannister flow controllers were to be set for sampling over a 24 hour period. Duplicated indoor air and crawl space air samples were also to be deployed. DEC staff also discussed possible indoor air sampling with the mobile home occupant of space #54. |
Todd Blessing |
| 4/7/2010 |
Update or Other Action |
On 4/7 and 8/10, Oasis staff performed the first of two indoor air sampling events at RTRVP in accordance to it work plan. Four buidlings were sampled: Former dry cleaner buldg. - 3 sub-slab samples, one from each garage bays, 3 indoor air samplines one from the upper floor and two from the lower floor (laundry room and bay #2) and one outdoor sample: Shipman trailer house - one soil gas sample and one indoor air sample; Shramek trailer house - one crawl space samle, one indor air sample and one outdoor air sample; Thorton trailer house - one crawl space sample, one indoor air sample and one outdoor air sample. |
Rich Sundet |
| 5/4/2010 |
Document, Report, or Work plan Review - other |
On 5/4/10, DEC provided Tim McDougall of Oasis with a marked up electronic version of Oasis' "Draft Letter Report - Phase VI HRC Injection" dated 4/30/10. The document reports findings from the Phase VI HRC injection event that occurred in the Lower Plume on site between 8/10/10 and 8/21/10. During this time, Oasis used direct push and hollow stem augars to install 5 permanent HRC injection wells and install HRC into those wells; install 8 temporary HRC injection points and inject HRC into those points; inject HRC into advance and collect soil and groundwater samples from 5 tempoary MIP locations; inject HRC into 5 existing HR injecction points, install 3 monitoring wells (48, 49 and 50). |
Rich Sundet |
| 5/11/2010 |
Update or Other Action |
Between 5/11 and 14/2010, Oasis performed the spring 2010 semi-annual groundwater sampling event at the site. |
Rich Sundet |
| 5/12/2010 |
Update or Other Action |
On 5/12/10, DEC received copies of Oasis submittals “May 2009 Groundwater Monitoring Report, River Terrace RV Park, Soldotna, Alaska, Final” dated May 6, 2010 and "Final Work Plan 2009 – 2010 Groundwater Monitoring River Terrace RV Park, Soldotna, Alaska” dated September 30, 2009.
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Rich Sundet |
| 5/14/2010 |
Update or Other Action |
On 5/14/10, Sundet called Gruhn in followup to their conversation on 5/7/10 and noted that the following reports and summary tables (from the 10/09 groundwater sampling event) were available with a cover letter for pickup: “May 2009 Groundwater Monitoring Report, River Terrace RV Park, Soldotna, Alaska, Final” dated May 6, 2010; “Final Work Plan 2010 Vapor Intrusion Assessment River Terrace RV Park Soldotna, Alaska” dated January 2010; “Final Letter Report – 2009 Vapor Intrusion Evaluation at River Terrace RV Park, Soldotna, Alaska” dated November 25, 2009; “Final Work Plan 2009 – 2010 Groundwater Monitoring River Terrace RV Park, Soldotna, Alaska” dated September 30, 2009; “Final Work Plan 2009 Vapor Intrusion Evaluation, River Terrace RV Park, Soldotna, Alaska” dated August 10, 2009; “Final Work Plan Phase VI HRC Injection, River Terrace RV Park, Soldotna, Alaska” dated August 6, 2009; “Final Quarterly Groundwater Monitoring Report, September 2008, River Terrace RV Park, Soldotna, Alaska” dated August 28, 2009; ”Final Report Kenai River Sediment and Pore Water Sampling Performed in May 2008, River Terrace RV Park Soldotna, Alaska” dated March 27, 2009; “Final Quarterly Groundwater Monitoring Report, May 2008, River Terrace RV Park, Soldotna, Alaska” dated November 26, 2008; “Final Work Plan 2008 – 2009 Groundwater Monitoring, River Terrace RV Park, Soldotna, Alaska” dated September 8, 2008; “Final Report, Drum Characterization and Disposal River Terrace RV Park Soldotna, Alaska” dated December 11, 2008; and, Summary Tables of Laboratory Data for the October 2009 Groundwater Sampling Event. Later that day Gruhn picked up the letter/reports.
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Rich Sundet |
| 5/18/2010 |
Update or Other Action |
On 5/18/2010, DEC provided to Bryan Yim of EPA the 3rd quarter report for State fiscal year FY2010 as required in the EPA grant XP-96046401-2. |
Rich Sundet |
| 5/20/2010 |
Update or Other Action |
On 5/20/10, Oasis provided via e-mail their draft report "April 2010 Vapor Intrusion Assessment River Terace RV Park Soldotna, Alaska" dated May 2010 for review. |
Rich Sundet |
| 6/3/2010 |
Update or Other Action |
On 6/3/10, DEC provided changes to its biennial hazardous waste report for RTRVP as requested by Ofelia Erikson of EPA. Earlier on 2/23/10, DEC replied to Ofelia Erickson of EPA in response to a Request of a 2009 biennial Hazardous Waste Report for the RTRVP site, that upon review of manifests for 2009 that ADEC was a large quanity generator during one month and a SQG during other periods when DEC performed investigative or cleanup work(i.e., generated 7,975 lbs. of F002 wastewater from purgewater/development water from monitoring wells and 570 lbs. of F002 solid waste from soil cuttings) in 2009. In addition, DEC planned to typically remain as a SQG for 2010. The letter enclosed the biennial report for the 2009 as requested by EPA. |
Rich Sundet |
| 6/8/2010 |
Meeting or Teleconference Held |
On 6/8/2010, Sundet and Blessing met with Tim McDougall of Oasis to discuss the findings and draft report "April 2010 Vapor Intrusion Assessment River Terace RV Park Soldotna, Alaska" dated May 2010. During that meeting, DEC provided Oasis with a marked up copy of the draft report. After comments are addressed, the draft report will be provided to Steve Gruhn of Clarus regarding his input on behalf of the RTRVP owners. The second indoor air sampling event is scheduled in early July 2010 which would be in follow-up to the April 2010 sampling event. Discussion also focused on the May 2010 groundwater findings and next steps of action such as completion of the final Phase VI HRC injection report, and further injection of remaining HRC in follow-up to the Phase VI work done in August 2009. |
Rich Sundet |
| 6/10/2010 |
Update or Other Action |
On 6/10/10, Oasis provided a revised "April 2010 Vapor Intrusion Assessment River Terrace RV Park Soldotna, Alaska" dated May 2010 to DEC based upon comments and discussion it received from DEC on 6/8/10. Later on 6/10, DEC forwarded the draft report to Steve Gruhn of Claurus and requested comments prior 6/15/10 so the comments could be addressed prior to the second indoor air sampling event occurring in June. |
Rich Sundet |
| 6/17/2010 |
Update or Other Action |
On 6/17/10, Oasis was on site overseeing the injection of HRC into six existing injection points in the upper plume where data from the May 2010 groundwater sampling event showed that HRC was near depletion. During that work, HRC Primer was injected into four existing injection points near MW-47 and into the deep till area where PCE remained in elevated levels to assist in promoting reductive dechlorination in that area. |
Rich Sundet |
| 6/18/2010 |
Update or Other Action |
On 6/18/10, DEC provided responses to Steve Gruhn in response to his comments that it received on 6/11/10 regarding Oasis's draft "April 2010 Vapor Intrusion Assessment River Terace RV Park Soldotna, Alaska" dated May 2010. DEC had forwarded the draft report to Gruhn for comments on 6/10/10. In addition, on 6/18, DEC discussed with Gruhn several issues regarding RTRVP including that Oasis had injected HRC and HRC Primer on 6/17/10, and during that call Gruhn asked for an electonic copy of Oasis' final report for the May 2009 groundwater sampling event - which DEC later mailed to him that day a CD of the final report. The injection of HRC and HRC Primer was done under the Phase VI HRC injection NTP. Initial Phase VI work was done in August 2009 that included installation of permanent and temporary HRC injection points in the lower plume, installation of monitoring wells in the lower plume, and injection of HRC and HRC Primer into the selected lower plume injection points and into te dense deeper till around MW-47 where elevated PCE remained.
|
Rich Sundet |
| 6/23/2010 |
Site Characterization Report Approved |
On 6/23/10, DEC received copies of Oasis'Final Letter Report - Phase VI HRC Injection" dated 6/18/10. Earlier on 5/4/10, DEC provided Tim McDougall of Oasis with a marked up electronic version of Oasis' "Draft Letter Report - Phase VI HRC Injection" dated 4/30/10. The document reports findings from the Phase VI HRC injection event that occurred in the Lower Plume on site between 8/10/10 and 8/21/10. |
Rich Sundet |
| 6/24/2010 |
Update or Other Action |
On 6/24 and 25/2010, Oasis performed the second indoor air sampling event as specified in it work plan "Final Work Plan 2010 Vapor Intrusin Assessment" dated January 2010,and as amended in recommedations per Oasis' draft report "April 2010 Vapor Intrusion Assessment River Terace RV Park Soldotna, Alaska" dated May 2010 and email sent to Steve Gruhn of Clarus on 6/18/10. |
Rich Sundet |
| 6/30/2010 |
Update or Other Action |
On 6/30/2010, DEC provided to Bryan Yim of EPA the 4th quarter report for State fiscal year FY2010 as required in the EPA grant XP-96046401-2. |
Rich Sundet |
| 7/30/2010 |
Update or Other Action |
On 7/30/10, Oasis provided via e-mail their draft report "October 2009 Groundwater Monitoring Report River Terrace RV Park Soldotna, Alaska DRAFT" dated July 27, 2010 for review. |
Rich Sundet |
| 8/4/2010 |
Update or Other Action |
On 8/4/2010, DEC issued its Second "5 Year Review of the Record of Decision" (10 Year Review) for the River Terrace RV Contaminated Site. In accordance with the August 2000 ROD issued by DEC for the RTRVP site, DEC is required to review its cleanup decision every five years until all cleanup levels are achieved. The five-year review requires: • An evaluation of all relevant data to determine whether the implemented cleanup alternative continues to be both appropriate and sufficiently protective. • Consideration of any new toxicological data pertinent to the contaminants of concern. • A discussion of any discernable trends in contamination concentrations. • Concerns of the public. • Any other relevant information. It should be noted that DEC (in consultation with the RTRVP site owners’ consultant), has continually evaluated the effectiveness of the site remediation and groundwater monitoring since the ROD and the 2000 Consent Decree. The first 5 Year Review was issued on 4/7/2006. Both the 5 Year and 10 Year Reviews addressed the five required topics noted above.
DEC’s ROD established cleanup levels both on and off RTRVP property and selected bioremediation using Hydrogen Release Compound (HRCTM) to enhance natural attenuation at the site. The 10 Year Review examines the methodology and effectiveness of the selected monitoring and treatment technique against off-site migration of contaminants of concern, particularly to the Kenai River and its ecosystem, as well as DEC’s conclusions regarding the efficacy of its ongoing cleanup techniques.
For the first five years of remediation under the ROD, DEC’s management of the site was focused on meeting site cleanup objectives by treating groundwater prior to it migrating off RTRVP property. HRC™ was injected into selected locations in the upper and lower contaminant plumes to enhance biodegradation (HRC™ treatment phases I through III). Between 2005 and 2009, the treatment of groundwater prior to migration off-property has been augmented by hot-spot treatment of the remaining source area (HRC™ treatment phases IV through VI).
The review noted that monitoring has shown that the selected remedy Hydrogen Release Compound (HRC) has enhanced natural attenuation of PCE and its degradation products to treat groundwater. Therefore, DEC at this time has no intent to depart from this treatment/monitor strategy as described in the ROD.
The 10 Year Review was mailed to 59 interested parties and posted on CS's webpage for the RTRVP site. |
Rich Sundet |
| 8/19/2010 |
Update or Other Action |
On 8/19/10, SPAR issued NTP 18-4002-11-021 to Oasis for $128,524.62 to submit a work plan and implement it to perform semi-annual groundwater sampling events (fall 2010 and spring 2011); perform further groundwater/soil characterization that includes advancing up to five borings and completing two as monitoring wells in the area northeast of MW47 to better characterize the deep source area in that area; and provide technical assistance to DEC in FY11. |
Rich Sundet |
| 8/25/2010 |
Site Visit |
On 8/25/2010, Sundet accompanied Alex DeWine of Tetratech who was performing a site inspection as part of an EPA yearly audit. The audit was required as part of the EPA grant that was authorized for this site. Earlier in the day, DeWine met with Sundet and Harwood in DEC's Anchorage office to discuss the site's history including cleanup work and contractor work. DEC provided DeWine several documents that he requested or expambles of contractor deliverables received at DEC within the last year. |
Rich Sundet |
| 9/10/2010 |
Update or Other Action |
On 9/10/10, Oasis provided via e-mail their draft work plan "Draft Work Plan 2010 - 2011 Groundwater Monitoring River Terrace RV Park Soldotna, Alaska" dated September 9, 2010 for review. |
Rich Sundet |
| 9/17/2010 |
Site Characterization Workplan Approved |
On 9/17/10, DEC via email provided to Oasis comments via a marked up copy of Oasis' document "Draft Work Plan 2010 - 2011 Groundwater Monitoring River Terrace RV Park Soldotna, Alaska" dated September 9, 2010. |
Rich Sundet |
| 9/30/2010 |
Update or Other Action |
On 9/30/10, Oasis provided to DEC via e-mail the following draft document for DEC's review: "April and June 2010 Vapor Intrusion Assessment River Terrace RV Park DRAFT" dated September 2010. |
Rich Sundet |
| 9/30/2010 |
Document, Report, or Work plan Review - other |
On 9/30/10, DEC provided comments via email and approved of Oasis' draft report "October 2009 Groundwater Monitoring Report River Terrace RV Park Soldotna, Alaska DRAFT" dated July 27, 2010. The report was received via email at DEC on 7/30/10. |
Rich Sundet |
| 9/30/2010 |
Update or Other Action |
On 9/30/10, Oasis provided via email to DEC the following draft document: "April and June 2010 Vapor Intrusion Assessment River Terrace RV Park Soldotna, Alaska Draft" dated September 2010. In addition, in a separate email Oasis provided Attachment A their field notes of their work. |
Rich Sundet |
| 10/4/2010 |
Update or Other Action |
On 10/4/10, Oasis provided to DEC the following final document: "Final Draft Work Plan 2010 - 2011 Groundwater Monitoring River Terrace RV Park Soldotna, Alaska" dated September 23, 2010.
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Rich Sundet |
| 10/4/2010 |
Update or Other Action |
Between 10/4 and 10/7/10, Oasis implemented a portion of the work in accordance to their "Final Work Plan 2010 - 2011 Groundwater Monitoring River Terrace RV Park Soldotna, Alaska" by installing five borings and completing two as monitoring wells. In addition, in accordance to an amendment to the NTP becasue they discovered that MW-6 was compromised at this time, replaced MW-6 with a well nearby its former location. MW-6's monument had been destroyed and someone had filled the well with sand and rocks. |
Rich Sundet |
| 10/18/2010 |
Update or Other Action |
Between 10/18 and 22, 2010, Oasis performed the fall groundwater sampling event. |
Rich Sundet |
| 11/8/2010 |
Update or Other Action |
On 11/8/2010, DEC provided to Bryan Yim of EPA the 1st quarter report for State fiscal year FY2011 as required in the EPA grant XP-96046401-2. |
Rich Sundet |
| 11/8/2010 |
Document, Report, or Work plan Review - other |
On 11/8/10 DEC provided comments via email in a marked up copy regarding Oasis' draft document: "April and June 2010 Vapor Intrusion Assessment River Terrace RV Park Soldotna, Alaska Draft" dated September 2010. On 9/30/10, Oasis provided to DEC the draft document. |
Rich Sundet |
| 11/19/2010 |
Update or Other Action |
On 11/19/10, Oasis provided to DEC via email the draft "April and June 2010 Vapor Intrusion Assessment River Terrace RV Park Soldotna, Alaska Draft" dated November 2010 which addressed DEC's comments. |
Rich Sundet |
| 11/24/2010 |
Update or Other Action |
On 11/23/10, DEC provided to Steve Gruhn of Clarus (Hinkles' environmental contractor) via email the draft "April and June 2010 Vapor Intrusion Assessment River Terrace RV Park Soldotna, Alaska Draft" dated November 2010. On 11/24/10, DEC provided Appendix A which was the field notes of the work in a separate email to Gruhn. |
Rich Sundet |
| 11/30/2010 |
Update or Other Action |
On 11/30/10, DEC received via email from Bryan Yim of EPA its desk review as part of an advanced post-award monitoring of the performance award. |
Rich Sundet |
| 12/10/2010 |
Update or Other Action |
On 12/10/10, Oasis provided to DEC the following final document: "October 2009 Groundwater Monitoring Report, River Terrace RV Park, Soldotna, Alaska Final” dated December 2010. |
Rich Sundet |
| 2/7/2011 |
Update or Other Action |
On 2/7/2011, DEC provided to Bryan Yim of EPA the 2nd quarter report for State fiscal year FY2011 as required in the EPA grant XP-96046401-2. |
Rich Sundet |
| 2/23/2011 |
Document, Report, or Work plan Review - other |
On 2/23/11, DEC provided comments via email and approved of Oasis' draft report "May 2010 Groundwater Monitoring Report River Terrace RV Park Soldotna, Alaska DRAFT" dated December 2010. The report was received via email at DEC on 12/6/10. |
Rich Sundet |
| 3/2/2011 |
Update or Other Action |
On March 2, 2011, the Attorney General’s (AG) Office filed an Expedited Motion for Final Judgment for Payment of Money & Extension of Consent Decree and other motions/attachments before the Superior Court in Anchorage regarding the Consent Decree the State has with the owners of the River Terrace Mobile Home Park Laundry (RTRVP) contaminated site in Soldotna. On that date, the AG's office also informed Hinkles' counsel Peter Hapke of the filing and provided a copy to Hapke. The Consent Decree was ordered on September 21, 2000 and to occur for ten years. On September 20, 2010, the owners of RTRVP notified the Attorney General’s Office that they were unable to pay the remaining $1,300,000 plus interest owed to the State as part of the settlement order. The Consent Decree specified that there was a six month grace period before it would end. The State’s motion requested judgment for payment and requested consideration to extend the Consent Decree for another ten years to allow the State/contractors access to the property so that the State can continue its remediation and monitoring efforts associated with the cleanup of the dry cleaning contamination. In follow-up, the AG’s Office notified the property owner’s counsel of the filing. On March 3rd, counsel for the RTRVP property owners notified the AG’s Office that it had filed a Partial Opposition to Motion for Expedited Consideration before the court. The “opposing” document proposed an interim six month extension of the Consent Decree to allow for briefing and decision of the State’s underlying motion. |
Rich Sundet |
| 3/3/2011 |
Update or Other Action |
On March 3, 2011, counsel for the RTRVP property owners notified the AG’s Office that it had filed a Partial Opposition to Motion for Expedited Consideration before the court. The “opposing” document proposed an interim six month extension of the Consent Decree to allow for briefing and decision of the State’s underlying motion. |
Rich Sundet |
| 3/7/2011 |
Update or Other Action |
On 3/7/11, Steve Gruhn notified DEC in which he noted that Gary Hinkle elected not to have his consultant Clarus review the Oasis' draft "April and June 2010 Vapor Intrusion Assessment River Terrace RV Park Soldotna, Alaska Draft" dated November 2010. The draft report was provided to Gruhn on 11/23/10. Based upon the correspondence, DEC requested that Oasis finalize the report. |
Rich Sundet |
| 3/8/2011 |
Update or Other Action |
On 3/8/11, Superior Court issued a Stipulated Order Extending the Consent Decree until 9/21/2011 and denied the State's Motion for Expedited Consideration of its Motion for Entry of Final Judgment for Payment of Money and for Extension of Consent Decree dated 3/1/2011. |
Rich Sundet |
| 3/18/2011 |
Update or Other Action |
On 3/18/11, Oasis provided to DEC the following final document: "May 2010 Groundwater Monitoring Report, River Terrace RV Park, Soldotna, Alaska Final” dated March 2011. |
Rich Sundet |
| 3/18/2011 |
Update or Other Action |
On 3/18/11, DEC received Oasis' final report “April and June 2010 Vapor Intrusion Assessment at River Terrace RV Park, Soldotna, Alaska Final” dated March 2011. |
Rich Sundet |
| 4/1/2011 |
Update or Other Action |
In follow-up to a 3/31/11 conversation with Steve Gruhn of Clarus, on 4/1/11 DEC transmitted the following final reports regarding the RTRVP contaminated site:
• “Final Letter Report – Phase VI HRC Injection June 18, 2010, River Terrace RV Park, Soldotna, Alaska” dated June 18, 2010.
• “Final Work Plan 2010-2011 Groundwater Monitoring River Terrace RV Park Soldotna, Alaska” dated September 23, 2010.
• “October 2009 Groundwater Monitoring Report, River Terrace RV Park, Soldotna, Alaska Final” dated December 2010.
• “May 2010 Groundwater Monitoring Report, River Terrace RV Park, Soldotna, Alaska Final” dated March 2011; and,
• “April and June 2010 Vapor Intrusion Assessment at River Terrace RV Park, Soldotna, Alaska Final” dated March 2011.
In addition to the final reports listed above, DEC provided to Gruhn several summary tables that of the October 2010 sampling event, noting that the October data have not been finalized and laboratory data validated by Oasis.
The transmittal cover letter also provided a summary of the vapor intrusion assessment performed on the RTRVP property including on the 8.5 acre tax parcel KPB 060-261-99
and the 0.1 acre tax parcel KPB 060-260-02 where the former dry cleaner building is located. While there were exceedances to ADEC soil gas vapor intrusion target levels on parcels KPB 060-260-01 and KPB 060-261-99, PCE and TCE were not detected in indoor or crawlspace air above ADEC vapor intrusion target levels at the selected sampling areas Shipman and Thorton trailers and Shramek RV unit. This data indicates that vapor intrusion is not an issue at these locations even though soil gas data show that PCE vapors are present in the soil near these units. The vapors were noted as not an issue because the units are elevated and an air space below the flooring provides adequate ventilation even though the trailers are skirted. None of the indoor air samples collected at the Shipman and Shramek trailers were above residential target screening levels at these building locations.
PCE and TCE were found to exceed only within the former dry cleaner building for: 1) ADEC residential and/or commercial indoor air target levels; and, 2) Commercial shallow soil gas target levels in sub-slab air samples. Based upon this data, it is likely that that the exceedances were due to vapor intrusion into the building from the underlying contamination. While there were exceedances to PCE and TCE in the former dry cleaner building, it is unlikely that there is a current unacceptable risk to human occupants at this time based on the current use of the building as DEC is aware (i.e., downstairs it is used only during spring-fall primarily by occupants of the RV park for laundry/showers, and upstairs during spring-fall as a fish processor and the front door is open most of the time).
The cover letter also noted that in 2009, DEC performed another injection of HRC. The target area of the Phase VI HRC event was in the deep till area around the excavation area where prior work had shown that elevated levels of PCE remain.
In addition the cover letter noted that: monitoring data continues to show that the site is progressing towards cleanup levels established for this site. In both the upper and lower contaminant plumes, the end products of reductive dechlorination in form of vinyl chloride (VC) and ethene is commonly detected. Data shows that the effect of injection of HRC fall 2006 around MW-44 has promoted degradation of PCE in the pockets of remaining contamination in the deeper till area. While complete reductive dechlorination to ethene continues to occur in the lower plume area where the pilot bioaugmentation occurred (around MW-9), deeper portions within the till (not at MW-44) surrounding MW-47 show that PCE, TCE and cis-DCE remain in relatively elevated levels. Based on that evaluation, DEC injected HRC into selected areas within the deeper till area slightly upgradient of MW-44 in the lower plume during August 2009 (i.e., more or less surrounding MW-47). May and October 2010 data indicates that high contaminant levels remain in the deeper till surrounding MW-47. In addition, while break-down of PCE is widely spread, exceedances to applicable cleanup levels, notably for VC, exists in both contaminant plumes.
The next groundwater monitoring event will occur in May 2011 and DEC will be evaluating that information to determine whether future HRC injection work or other remedial work will need to occur in this area of the site to ensure that cleanup objectives are met.
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Rich Sundet |
| 4/28/2011 |
Update or Other Action |
On April 28, the Department and the Attorney General’s Office filed its Reply in Superior Court to the Opposition to the State’s Motion for Extension of the Consent Decree and Entry of Judgment, which had been filed in Superior Court on March 3, 2011 by counsel for the property owners of the River Terrace Mobile Home Park Laundromat in Soldotna. The Opposition was in follow-up to the State filing a motion to extend the Consent Decree for another ten years and an entry of judgment for $1,852,631 that was owed to it because of the Consent Decree that was entered on September 21, 2000. In the State’s Reply, it requested final judgment in the amount it is owed and noted that the State is willing to amend the Consent Decree, accept the substitute conveyances, and not to execute on the final judgment until June 1, 2013; and, noted that the Consent Decree is needed to be extended for another ten years to ensure access for the State to continue groundwater treatment and monitoring. |
Rich Sundet |
| 5/4/2011 |
Site Visit |
On 5/4/2011, Sundet, Bill Janes and Linda Nuechterlein visited the site with the purpose that Sundet acquainted Bill and Linda with the monitoring and HRC treatment system (injection points), and buildings sampled during the recent indoor air vapor intrusion assessment in perspective to the Kenai River and the property. |
Rich Sundet |
| 5/9/2011 |
Update or Other Action |
On 5/9/11, DEC submitted via email to Bryan Yim of EPA the State's 3rd Quarter FY11 progress report for the Remediation Project Near the Kenai River. |
Rich Sundet |
| 5/17/2011 |
Update or Other Action |
On 5/17 and 18/2011, Oasis performed the spring 2011 groundwater sampling event. |
Rich Sundet |
| 6/3/2011 |
Update or Other Action |
Around 6/3/2011, the Hinkles filed with Superior Court a Supplemental Memorandum Regarding the State's Motion of Extension of the Consent Decree and Entry of Judgment; and filed with Superior Court a Motion for Order Accepting a Supplemental Affidavit, A Supplemental Memorandum, and A Revised Proposed Order. |
Rich Sundet |
| 6/23/2011 |
Update or Other Action |
On 6/23/11, Bryan Yim of EPA provided DEC with forms that need to be completed and sent to EPA upon the completion of XP-96046401 titled "Remediation Project Near the Kenai River" which begain in 7/2001 and will end on 6/30/2011. The grant was for $3.0 million and was a 55%-45% match with DEC being reimbursed by EPA for 55% of its costs. |
Rich Sundet |
| 7/6/2011 |
Update or Other Action |
DEC staff has changed the ledger code for oversight and cleanup expenses. For fiscal year 2012, the following ledger code will be utilized for tracking DEC oversight and cleanup expenses: 14974360. Old ledger codes (i.e. 14974360, 49792002, and 14974399) with charges dating back to 2002 will no longer be utilized. Notes on prior LC's:
14974360 is an older LC with charges dating back to 2002. These expenses are CS, Emergency response and CIP.
14974399 is a new LC set up in May 2011 to recode charges from the overspent federal grant.
49792002 is a Federal grant LC only.
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Todd Blessing |
| 7/27/2011 |
Update or Other Action |
Staff was informed that EPA would like to conduct a RCRA large quantity generator inspection of the facility. Staff and John Jones of EPA agreed that the RCRA inspection will occur during EPA's yearly audit. Staff will meet with John Jones, and Christy Miller of Tetratech on August 23, 2011 to accompany EPA during their inspections. |
Todd Blessing |
| 8/23/2011 |
Update or Other Action |
On 8/23/2011, Blessing of DEC and Tim McDougall of Oasis accompanied Christy Miller of Tetratech who was performing a site inspection as part of EPA's yearly grant audit. Ms. Miller inspected the site and then visited the Anchorage Office to view DEC administrative files. Blessing and McDougall also accompanied John Jones of EPA's RCRA program. Mr. Jones was conducting a RCRA inspection of the facility and requested hazardous waste manifests and weekly inspection reports for the past 3 years. DEC will provide these documents to Mr. Jones next week when he visits the office. DEC provided Ms. Miller with several documents which included contracts between Oasis and DEC as well as Oasis reports and work plans. |
Todd Blessing |
| 9/1/2011 |
Document, Report, or Work plan Review - other |
On 9/1/11, DEC via email approved of Oasis Environmental Inc's "Final Work Plan 2011-2012 HRC Injection & Groundwater Monitoring River Terrace RV Park" dated August 2011. Oasis plans to facilitate additional HRC injections during the fall of 2011 in the lower contaminant plume area. Approximately four or five permanent injection points will be used to inject HRC into the till unit to a depth of 40 feet below ground surface. Oasis will also will conduct an annual groundwater and surface water monitoring event in May 2012 in accordance with the 2000 Record of Decision. |
Todd Blessing |
| 9/8/2011 |
Update or Other Action |
Equitable Servitudes were signed by the Hinkles (8/24/11) and Mulder (9/8/11)in 2011. The ESs are to be also signed then recorded by the Department of Natural Resources (DNR). Earlier in 2011, at the request of the Hinkles’ attorney, Mulder of the Attorney General’s Office in coordination with Hinkles’ counsel and Sundet, prepared Equitable Servitudes and Partial Releases for the large parcel (Kenai Tax parcel 060-261-99) for the River Terrace RV Park site in Soldotna. The Hinkles had requested the ESs to free them of the environmental liens as described in the 2000 Consent Decree in an effort to allow them a greater opportunity to obtain financial backing for future development and/or attract potential buyers for the property. The ESs were developed with certain exceptions such as it prohibits certain water wells on the property, requires testing for vapor intrusion prior to constructing new buildings on the property, and grants the State and its representatives access to perform work as required in the Consent Decree. The ESs do not negate the financial obligations of the Hinkles as ordered under the Consent Decree or address the two other River Terrace parcels. |
Rich Sundet |
| 9/9/2011 |
Update or Other Action |
On 9/9/11, DEC provided via e-mail to Bryan Yim of EPA its final report required under the EPA grant for the RTRVP site. Earlier on 6/23/11, Bryan Yim of EPA provided DEC with forms that need to be completed and sent to EPA upon the completion of XP-96046401 titled "Remediation Project Near the Kenai River" which begain in 7/2001 and will end on 6/30/2011. The grant was for $3.0 million and was a 55%-45% match with DEC being reimbursed by EPA for 55% of its costs. |
Rich Sundet |
| 9/20/2011 |
Update or Other Action |
On 9/20/2011, DEC received the completed EPA State and Tribal Assistance Grant Final Inspection Report dated 9/13/2011. The report provided information regarding the inspection performed by Ms. Christy Miller of Tetra Tech on 8/23/2011 at Soldotna and Anchorage. |
Rich Sundet |
| 9/28/2011 |
Update or Other Action |
On September 28, 2011, 600 pounds of HRC Primer was injected into four of the deep lower plume injection points (L-79, L-99, L-100, and L-101) to help promote further reductive dechlorination bioremediation in those areas. HRC Primer was chosen due to its lower viscosity and ability to more easily migrate in the tight soils. |
Robert Weimer |
| 10/24/2011 |
Update or Other Action |
In a letter dated 10/24/2011, EPA informed DEC that no violations of Subtitle C of the RCRA regualtions were identified during EPA's RCRA inspection at the site on 8/23/11. Todd Blessing of DEC and DEC's contractor Tim McDougall of Oasis were on site on 8/23 to answer questions by EPA regarding the assessment/cleanup activities associated with the site. |
Rich Sundet |
| 11/7/2011 |
Document, Report, or Work plan Review - other |
On 11/7/2011, DEC provided comments to Oasis regarding their draft "May 2011 Groundwater Monitoring Report River Terrace RV Park" dated October 2011. The report was received via e-mail on 11/1/2011. |
Rich Sundet |
| 11/10/2011 |
Document, Report, or Work plan Review - other |
On 11/10/11, DEC provided comments on the laboratory data and its checklist for Oasis' draft "May 2011 Groundwater Monitoring Report River Terrace RV Park" dated October 2011. Earlier on 11/7/2011, DEC provided comments to Oasis regarding their draft "May 2011 Groundwater Monitoring Report River Terrace RV Park" dated October 2011. The report was received via e-mail on 11/1/2011. |
Rich Sundet |
| 12/12/2011 |
Update or Other Action |
On 12/12/2011, Judge Wolverton of the Superior Court signed an order that amended the 2000 Consent Decree. The order: changed footnote 1 of the Consent Decree that the term "Site" now refers to Kenai Tax Parcel 060-260-01 and Tax Parcel 060-260-02 that together consists of about 1.5 acres; Tax percel 060-261-99 (about 8.5 acres) is released from provisions of the Consent Decree except otherwised noted and the State will execute an equitable servitude (ES) and partial release after the order is signed; Tax parcel 060-261-99 is still subject to the lien as noted in the Consent Decree; Hinkles shall grant DEC and its representatives access to Tax parcel 060-260-01 and Tax Parcel 060-260-02 and the Hinkles are to execute an ES on this issue in agreement with the State; Hinkles shall execute an ES providing that no water wells shall be allowed in the shallow aquifer beneath Tax parcel 060-261-99 in agreemeent with the State; Hinkles shall execute an ES providing for vapor intrusion testing before constuction of new buildings on Tax parcel 060-261-99 in agreement with the State; automatic termination of the 2000 Consent Decree is extended for ten years to 9/21/2020; and, the Order does not resolve the disputed issues raised by the State's Motion for Final Judgment and Extension of Consent Decree, and the Hinkles' opposition thereto of the State's request for entry of final judgment of the balance of the unpaid settlement plus interest and the Hinkles' request for an extension of time to pay the balance of the settlement.
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Rich Sundet |
| 12/20/2011 |
Institutional Control Record Established |
Equitable Servitudes were signed by the Hinkles and Mulder in September 2011, and signed by the Department of Natural Resources (DNR) on 12/19/2011. On 12/20/2011, DNR had the ESs recorded. DNR is currently developing a management right for the ESs to DEC and for SPAR Director Dietrick’s signature. Earlier in 2011, at the request of the Hinkles’ attorney, Mulder of the Attorney General’s Office in coordination with Hinkles’ counsel and Sundet, prepared Equitable Servitudes and Partial Releases for the large parcel (Kenai Tax parcel 060-261-99) for the River Terrace RV Park site in Soldotna. The Hinkles had requested the ESs to free them of the environmental liens as described in the 2000 Consent Decree in an effort to allow them a greater opportunity to obtain financial backing for future development and/or attract potential buyers for the property. The ESs were developed with certain exceptions such as it prohibits certain water wells on the property, requires testing for vapor intrusion prior to constructing new buildings on the property, and grants the State and its representatives access to perform work as required in the Consent Decree. The ESs do not negate the financial obligations of the Hinkles as ordered under the Consent Decree or address the two other River Terrace parcels. |
Rich Sundet |
| 2/3/2012 |
Document, Report, or Work plan Review - other |
On 2/3/2012, DEC provided comments to Oasis regarding their draft "October 2010 Groundwater Monitoring Report River Terrace RV Park" dated July 2011. The report was received via e-mail on 7/29/2011. |
Rich Sundet |
| 2/13/2012 |
Update or Other Action |
On 2/13/2012, DEC responded via e-mail to Ted Enderle of EPA regarding EPA's January 26, 2012 letter by Ofelia Erickson requesting a biennial RCRA report for a large quantity generator for the RTRVP facility for calendar year 2011. DEC notified Ted that DEC's records show that it only did one sampling event in spring 2011 which also showed that DEC was well under the LQG requirement of generating 2,200 lb/given month. As such, DEC notified Ted that it was not required to submit a biennial report, however, it wished to keep the LQG status in the EPA database because DEC may in the future generate larger quanities and again be a LQG. |
Rich Sundet |
| 2/22/2012 |
Update or Other Action |
On 2/22/2012, DEC issued a letter of non objection to Gary Hinkle regarding his plan to upgrade the RTRVP's water distribution system. The plan was prepared by Wince-Corthell-Bryson and is dated 10/3/2011 and submitted to Ms. Bulkow of DEC's Drinking Water Program in Soldotna. Because the Consent Decree entered by the Court contains certain requirements overseen by CSP, Ms. Bulkow forwarded the water distribution system plan to CSP on 11/15/2011 for review.
In its letter, DEC noted that the RTRVP is subject to federal RCRA 40 CFR 260-270 regulations because the soil/groundwater is contaminated with tetrachloroethylene (PCE) and its degradation products. Pursuant to those regulations, EPA issued a “contained-in” decision on 3/2/2000 to address certain contaminated soil remaining on site. Under this decision, contaminated soil with contaminant concentrations below specified levels is not considered to be hazardous waste, and therefore not subject to RCRA regulation, provided certain conditions are met. Because the property is subject to EPA’s RCRA 40 CFR 260-270 regulations in addition to the Consent Decree, CSP conferred with Mr. Dave Bartus of EPA in preparing the response letter.
In its letter, DEC also reiterated that Section 5.4 of the Consent Decree requires “excavation or other activities” comply with restrictions set forth under “Institutional Controls” in the 2000 dated Record of Decision (ROD) for this site. This section of the ROD states that “Excavations or other activities that could interfere with the site cleanup, operation and maintenance, or monitoring will require department approval.”
As a result of its review, CSP issued a non-objection to the Hinkles that it could implement the proposed plan provided:
1) For any monitoring well or HRC injection point negatively impacted, inform CSP within 24 hours and that the Hinkles may be required to properly abandon the well or replace it at their expense. 2) Must notify their contractor of the contamination and well locations to minimize impacts to the wells and to ensure that the contractor’s workers use proper personal safety protection equipment when working in contaminated media. 3) Soils on the RTRVP property up to 250 feet from the former dry cleaner building are considered to contain F002 listed hazardous waste unless tested for PCE or its degradation products and a determination is made by EPA that the soils no longer contain hazardous waste. For any proposal to sample such soils, a work plan must be submitted and approved of by the CSP and EPA, with EPA approval being in the form of a written “contained-in” determination. 4) An engineer’s review and report is required of the status of the drinking water well near the northwest corner of the former dry cleaner building and its distribution system within 25 feet of the well when the well will be disconnected from the distribution system that currently provides drinking water to occupants of the park. Please provide the engineer’s report to Ms. Bulkow within 30 days of the disconnection. If a leak is identified, you must inform Ms. Bulkow immediately to allow the Department the opportunity to inspect. Based upon findings in the report, the Department may require you to decommission or repair the well or its distribution system. |
Rich Sundet |
| 2/24/2012 |
Document, Report, or Work plan Review - other |
On 2/24/12, DEC provided comments on the laboratory data and its checklist for Oasis' draft "October 2010 Groundwater Monitoring Report River Terrace RV Park" dated July 2011. Earlier on 2/3/2012, DEC provided comments to Oasis regarding the general text of their draft "October 2010 Groundwater Monitoring Report River Terrace RV Park" dated July 2011. The report was received via e-mail on 7/29/2011. |
Rich Sundet |
| 3/29/2012 |
Update or Other Action |
On 3/29/12, SPAR Director Larry Dietrick signed the agreement that assigned the management rights to SPAR or its successors from DNR for the River Terrace RV Park. DNR had accepted the Equitable Servidtude and Parth Release from the Hinkles. Equitable Servitudes were signed by the Hinkles and Mulder in September 2011, and signed by the Department of Natural Resources (DNR) on 12/19/2011. On 12/20/2011, DNR had the ESs recorded. DNR is currently developing a management right for the ESs to DEC and for SPAR Director Dietrick’s signature. Earlier in 2011, at the request of the Hinkles’ attorney, Mulder of the Attorney General’s Office in coordination with Hinkles’ counsel and Sundet, prepared Equitable Servitudes and Partial Releases for the large parcel (Kenai Tax parcel 060-261-99) for the River Terrace RV Park site in Soldotna. The Hinkles had requested the ESs to free them of the environmental liens as described in the 2000 Consent Decree in an effort to allow them a greater opportunity to obtain financial backing for future development and/or attract potential buyers for the property. The ESs were developed with certain exceptions such as it prohibits certain water wells on the property, requires testing for vapor intrusion prior to constructing new buildings on the property, and grants the State and its representatives access to perform work as required in the Consent Decree. The ESs do not negate the financial obligations of the Hinkles as ordered under the Consent Decree or address the two other River Terrace parcels. |
Rich Sundet |
| 8/14/2012 |
Update or Other Action |
On 8/14/12, SPAR issued NTP 18-4002-11-044 to Oasis for $127,545.82 to submit a work plan and implement it to perform a annual groundwater sampling events (spring 2013) and inject subtrate into areas where HRC is near depletion (fall 2012), and and provide technical assistance to DEC in FY13. |
Rich Sundet |
| 9/12/2012 |
Cleanup Plan Approved |
On 9/12/12, Sundet approved of Oasis' plan "Draft Work Plan 2012 - 2013 HRC Injection & Groundwater Monitoring River Terrace RV Park" dated September 2012. DEC received the draft plan via email from Oasis on 9/12/12. The plan was in response to NTP 18-4002-11-044 issued to Oasis for $127,545.82. The plan stated that the following tasks would be performed: perform a annual groundwater sampling events (spring 2013) at 17 selected monitoring wells (3 in the upper plume and 14 in the lower plume); inject HRC Primer into three new injection points into the semi-confined aquifer in the lower plume, inject HRC Primer into 5 lower plume and 5 upper plume existing injection points; survey existing and new injection points and monitoring wells; sample 7 points for DHE microbes; and and provide technical assistance to DEC in FY13. |
Rich Sundet |
| 9/25/2012 |
Update or Other Action |
In a letter dated 9/25/12, Steve Bainbridge responded to H.M. Cox of Advanced Oxidation Technology 9/16/12 letter commenting on the remediation method used at the site (HRC injection). Cox noted that he was requested by the property owner Mr. Gary Hinkle to review the injection process. Mr. Cox alledged that oxidation methods would have been better applied to the site for cleanup than use of HRC to enhance bioremedaiton. Mr. Cox also cited a article by Dr. Stephen Koenigsberg of Regenesis which noted that conditions at RTRVP were not ideal for anaerobic treatment. DEC's response noted that: during the development of the Remedial Investigation/Feasibility Study report by DEC's contractor, bioremediation using HRC was promoted by Mr. Hinkle’s consultant at the time, i.e., Mr. Jim Gill of Hart Crowser, because the process could potentially reduce cleanup costs while attaining cleanup goals; Dr. Koenigsberg's article cited was written in 2002, his data showed that HRC had rapidly mediated the dechlorination of PCE to trichloroethylene (TCE) and dichloroethylene (DCE), but there had been no measureable further dechlorination of DCE to vinyl chloride or ethene, that while these observations were accurate at the time were based only on the first 18 months of HRC remediation at RTRVP, and that the progress of HRC remediation has changed significantly in the ten (10) years since the paper was written and it has since been demonstrated that dechlorination of DCE and VC is occurring in both the upper and lower contaminant plumes, and that this finding was consistent with Dr. Koenigsberg’s statement that “the bioavailable iron problem, while real, is not an overbearing issue in most cases” and one solution is to allow for “more time and more electrons” to push through the inhibition. In addition, DEC's response noted that DEC continues to evaluate the system and modify as needed including in 2011 during the Phase VI injection whereas DEC used a newer and less viscous substrate, i.e., HRC Primer, to better permeate the dense till and hopefully promote a faster degradation of the contaminants. DEC also pointed out in its letter that as Cox may have been aware, a primary problem at the RTRVP site has been delivery of the substrate into the dense till and whether the process is chemical oxidation or biostimulation, the delivery process is still an issue. Recent May 2012 results, however, after the 2011 HRC Primer injection effort showed that contaminant levels significantly decreased in the deeper portion of the lower contaminant plume (e.g., at monitoring well MW-50. Groundwater monitoring results from well MW-44 also demonstrate that once HRC injections that targeted the deeper till were performed beginning in 2005 and 2006 complete reductive dechlorination of PCE to ethene was observed. In summary, DEC noted that we are continuing to evaluate the progress of the cleanup but are satisfied that bioremediation is effectively working at the site, and that we are also continuing to “tweak” the system.
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Rich Sundet |
| 10/10/2012 |
Site Visit |
Sundet accompanied Tim McDougall of Oasis to RTRVP to inspect during Oasis' work to install 3 permanent HRC injection points in the semi-confined area near MW-47 in the lower plume area. During the inspection, Oasis had finished installing one injection point and was installing a second injection point. The plan also required that Oasis would inject HRC Primer into these three new injection points as well as several existing permanent injection points in the upper and lower plume areas where HRC was near depletion. |
Rich Sundet |
| 10/11/2012 |
Site Visit |
Sundet inspected RTRVP during Oasis' work to install 3 permanent HRC injection points in the semi-confined area near MW-47 in the lower plume area. During the inspection, Oasis had finished installing the third injection point and was purging the second injection point. The plan also required that Oasis would inject HRC Primer into these three new injection points as well as several existing permanent injection points in the upper and lower plume areas where HRC was near depletion. |
Rich Sundet |
| 10/15/2012 |
Update or Other Action |
On 10/15/12, Superior Court issued an Order 1) denying DEC's motion for judgment and 2) partially granting motion for extension of the Consent Decree. The Court found that the unanticipated delays in cleaning up the groundwater and the unexpected initiation of vapor intrusion, and the failure of the State to release Tax Parcel 060-261-99 from the Consent Decree had substantially impaired the Hinkles' ability to timely pay the settlement pursuant to the Consent Decree dated 9/21/2000; there is no dispute between the parties that with interest the settlement figure as of 3/1/2011 is $1,852,631.46; the court has equitable authority to modify the Consent Decree entered on 9/21/2000 in order to promote a resolution of this matter that is fair to both parties, entry of judgment now would not be fair to the Hinkles; and the Hinkles should be given a reasonable opportunity to commence good faith efforts to develop the property so that they might not be forced to sell at a sharply discounted price; among other findings. Thereby, the Court ordered: no judgment will be entered at this time, the Consent Decree dated September 21, 2000 shall be amended; the decree shall be amended as set forth in DEC's Exhibit 26 of their "Reply to Opposition to Motion for Extension of Consent Decree and Entry of Final Judgment" that was filed on 4/28/11 with modifications to provide for no entry of judgment at this time and to provide payment by the Hinkles after the cleanup in completed or at a reasonable time after DEC executes a release of Tax Parcel 060-261-99 from the Consent Decree whichever is earlier; Hinkles shall prepare an Amended Consent Decree consistent with the order and DEC have 10 days after receiving a copy to file any objections; and if the Hinkles fail to quickly make substantial progress toward development of the RTRVP and/or payment of the settlement figure, DEC may at any time return to court and request entry of a judgment, a fix date for payment in full and/or the initiation of collection procedures.
Previously on 4/28/11, DEC and the Attorney General’s Office filed its Reply in Superior Court to the Opposition to the State’s Motion for Extension of the Consent Decree and Entry of Judgment, which had been filed in Superior Court on 3/3/2011 by counsel for the property owners of RTRVP. The Opposition was in follow-up to the State filing a motion to extend the Consent Decree for another ten years and an entry of judgment for $1,852,631 that was owed to it because of the Consent Decree that was entered on 9/21/2000. In the State’s Reply, it requested final judgment in the amount it is owed and noted that the State is willing to amend the Consent Decree, accept the substitute conveyances, and not to execute on the final judgment until 6/1/2013; and, noted that the Consent Decree is needed to be extended for another ten years to ensure access for the State to continue groundwater treatment and monitoring.
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Rich Sundet |
| 3/15/2013 |
Update or Other Action |
On 3/15/2013, DEC received permits via from ERM that were issued by Fish and Game and by the Dept. of Natural Resources Div. of Parks to perform sediment and porewater sampling in the Kenai River in spring 2013. |
Rich Sundet |
| 4/3/2013 |
Document, Report, or Work plan Review - other |
On 4/3/2013, DEC provided comments via email to Tim McDougal of ERM regarding their "Draft Work Plan for the Sediment and Pore Water Sampling at River Terrace" that was received at DEC via email from ERM on 3/7/2013. |
Rich Sundet |
| 5/22/2013 |
Site Visit |
DEC staff conducted a visit to the River Terrace RV Park contaminated site to check site conditions and to observe the sediment and pore water sampling was being conducted along the Kenai River by the state contractor. The sampling was being conducted to assess for potential impacts to the Kenai River from the dry cleaning solvent contamination at this contaminated site. |
Robert Weimer |
| 11/5/2013 |
Update or Other Action |
On 11/5/2013, DEC provided comments via email to Tim McDougal of ERM regarding their "Draft 2014 RTRVP Work Plan for the Sediment and Pore Water Sampling at River Terrace" that was received at DEC via email from ERM on 10/10/2013. |
Robert Weimer |
| 1/23/2014 |
Document, Report, or Work plan Review - other |
In May 2012 groundwater samples were collected from 32 of the site monitoring wells in the upper plume area, lower plume area, and deeper till source area. Up to 12,700 ug/l PCE, 79,300 ug/l, Cis-1,2-DCE, 261 ug/l 1,1-DCE, and 11,400 ug/l vinyl chloride in the groundwater samples collected. PCE concentrations were above the 840 ug/l on-property cleanup level in 2 locations (MW-47 and L-78), Cis-1,2-DCE concentrations were above the 11,500 ug/l on property cleanup goal in 5 locations (MW-47, MW-48, MW-49, MW-51, and L-101), 1,1-DCE concentrations were above the 70 ug/l on property cleanup goal at 1 location (MW-50), vinyl chloride concentrations were above the 2 ug/l on property cleanup goal at 22 locations, plus 3 locations that had reporting limits above the cleanup level for vinyl chloride. The 2012 data suggests that reductive dechlorination (bioremediation) is occurring in the upper plume are except at MW-21 and MW-23, which are outside of the HRC treatment area, but neither of these locations exceed the on-property cleanup levels. The 2012 data suggests that reductive dechlorination (bioremediation) is occurring in the lower plume. The 2012 data suggests that reductive dechlorination (bioremediation) is occurring in the deeper till source area, but locations (MW-47, MW-48, MW-49, L-78, L-100, and L-101) were minimal (with vinyl chloride + ethene percentage less than 10%). The consultant recommends that additional HRC injections may be needed for optimal reductive dechlorination performance as two locations (MW-36 and MW-42) in the upper plume, and (MW-50) in the deeper till showed indications of depleted HRC due to TOC being below 20 mg/l at those locations. The consultant also recommends that the missing monument cover at MW-7 be replaced in 2013. |
Robert Weimer |
| 1/24/2014 |
Document, Report, or Work plan Review - other |
In May 2013 20 sediment samples and 13 pore water samples were collect from near the Kenai River along with 2 water column samples were collected from the Kenai River.
The sediment samples contained up to 50 ug/kg PCE, 54 ug/kg TCE, 150 ug/kg Cis-1,2-DCE, 0.68 ug/kg vinyl chloride, 240 ug/kg toluene, and 28 ug/kg acetone. Cis-1,2-DCE exceeded Sediment Quality Guidelines (SQG) (136 ug/kg for Cis-1,2-DCE) at one location. The other compounds met SQG’s.
The pore water samples contained up to 1.15 ug/l PCE, 4.17 ug/l TCE, 12.4 ug/l Cis-1,2-DCE, 4.93 ug/l vinyl chloride, and 0.51 ug/l benzene. Vinyl chloride exceeded water quality standard (2.0 ug/l for vinyl chloride) in 4 sample locations. The other compounds met water quality standards.
The water column samples collected from the Kenai River did not contain any detectable contaminants.
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Robert Weimer |
| 1/27/2014 |
Update or Other Action |
In October 2012 three long-term HRC injection points were installed in the vicinity of MW-47, MW-48, and MW-51. 1,500 pounds of HRC Primer were injected into the 3 newly installed injection points, 5 upper plume injection points, and 5 lower plume injection points. HRC Primer was chosen due to its lower viscosity and ability to more easily migrate in the tight soils. |
Robert Weimer |
| 1/27/2014 |
Document, Report, or Work plan Review - other |
In April 2013 groundwater samples were collected from 27 of the site monitoring wells in the upper plume area, lower plume area, and deeper till source area.
Up to 6,510 ug/l PCE, 3,150 ug/l TCE, 30,500 ug/l Cis-1,2-DCE, 38.5 ug/l 1,1-DCE, 63.5 ug/l 1,2-dichloropropane, 31 ug/l benzene, and 10,900 ug/l vinyl chloride in the groundwater samples collected.
PCE concentrations were above the 840 ug/l on-property cleanup level in 3 locations (MW-47, MW-50, and L-78),
TCE concentrations were below the 21,900 ug/l on-property cleanup level at all locations,
Cis-1,2-DCE concentrations were above the 11,500 ug/l on-property cleanup goal in 6 locations (MW-47, MW-50, MW-51, MW-52, L-78, and L-101),
1,1-DCE concentrations were below the 70 ug/l on-property cleanup goal at all locations,
1,2-dichloropropane concentrations were above the 5 ug/l default cleanup level at three locations (MW-50, MW-52, and L-78),
benzene concentrations were below the 50 ug/l on-property cleanup goal at all locations,
vinyl chloride concentrations were above the 2 ug/l on-property cleanup goal at 19 locations, plus 1 location that had reporting limits above the cleanup level for vinyl chloride.
The 2013 data suggests that reductive dechlorination (bioremediation) is occurring in the upper plume except at MW-21 and MW-23, which are outside of the HRC treatment area, but neither of these locations exceed the on-property cleanup levels.
The 2013 data suggests that reductive dechlorination (bioremediation) is occurring in the lower plume except at MW-4A, which is outside of the HRC treatment area and does not exceed the on-property cleanup levels.
The 2013 data suggests that reductive dechlorination (bioremediation) is occurring in the deeper till source area, but is variable from on well to another.
The consultant does not recommend additional HRC injections in 2014. The results of the monitoring to be conducted in 2014 will be evaluated to see if additional injections are recommended. The missing and damaged monitoring well monument covers are to be replaced in 2014.
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Robert Weimer |
| 1/29/2014 |
Document, Report, or Work plan Review - other |
ADEC approves the November 2013 "Work plan 2013-2014 Groundwater Monitoring - River Terrace RV Park". The work plan proposes to collect in April/May 2014, 20 groundwater samples (plus 2 duplicates) from the site monitoring wells , and 3 surface water samples from the Kenai River. |
Robert Weimer |
| 2/6/2014 |
Enforcement Action |
On 2/6/2014, DEC Drinking Water Compliance staff in the Soldotna office issued a compliance letter to Mr. Gary Hinkle, owner of the River Terrace Trailer Court (RTTC) public water system (PWS), located in Soldotna. The RTTC continues to exceed arsenic maximum contaminant levels of 10 µg/L. Their arsenic exemption expired in 2011, and their latest (12/23/13) arsenic sample result was 14 µg/L. RTTC had plans to connect to the City of Soldotna (City) PWS, but the plans have stalled since engineered plans have not been submitted to the DEC or to the City as required in late 2012. C&M requires RTTC to submit (within 30 days of receipt of letter): 1) engineered plans; and 2) a written plan for meeting arsenic requirements of quarterly monitoring, issuing public notification, including educational and health effects statement about arsenic in the annual consumer confidence report, and installing arsenic treatment if RTTC will not be connected to the City. |
Robert Weimer |
| 2/6/2014 |
Enforcement Action |
On 2/6/2014, DEC Drinking Water Compliance staff in the Soldotna office issued a compliance letter to Mr. Gary Hinkle, owner of the River Terrace Trailer Court (RTTC) public water system (PWS), located in Soldotna. The RTTC continues to exceed arsenic maximum contaminant levels of 10 µg/L. Their arsenic exemption expired in 2011, and their latest (12/23/13) arsenic sample result was 14 µg/L. RTTC had plans to connect to the City of Soldotna (City) PWS, but the plans have stalled since engineered plans have not been submitted to the DEC or to the City as required in late 2012. C&M requires RTTC to submit (within 30 days of receipt of letter): 1) engineered plans; and 2) a written plan for meeting arsenic requirements of quarterly monitoring, issuing public notification, including educational and health effects statement about arsenic in the annual consumer confidence report, and installing arsenic treatment if RTTC will not be connected to the City. |
Robert Weimer |
| 3/12/2014 |
Enforcement Action |
On 3/12/2014 DEC Soldotna Compliance staff issued a Notice of Violation (NOV) to Mr. Gary Hinkle, owner of River Terrace Trailer Park, for failure to meet the maximum contaminant level for arsenic, and for failure to submit engineered plans and a written plan for meeting arsenic requirements w/in 30 days of receipt of the compliance letter. Return receipt shows that Mr. Hinkle received and signed for the compliance letter on Feb 8, 2014. The NOV recognizes that a new engineering firm has been hired, and requires that engineered plans with corrective action plans and timelines be submitted within 30 days. |
Robert Weimer |
| 2/24/2015 |
Document, Report, or Work plan Review - other |
February 20, 2015 interim status report from state contractor ERM. The status report concluded that the sampling results for upper plume monitoring wells suggest measureable complete reductive dechlorination (bioremediation) is occurring in the upper plume except at MW-21 and MW-23. Similarly, the data for the lower plume unconfined aquifer monitoring wells suggest that measurable complete reductive dechlorination (bioremediation) is occurring in the lower plume area. The April 2014 sampling results indicate that bioremediation progress continues to be favorable with the lowest total chlorinated ethene concentration ever observed at monitoring wells MW-39, MW-40, and MW-9. The status report also discussed potential future aggressive, moderate, and longer-term treatment approaches for this site.
Groundwater monitoring was conducted in April 2014, they plan to submit a draft groundwater monitoring report later this week. |
Robert Weimer |
| 10/21/2015 |
Document, Report, or Work plan Review - other |
In April 2014 groundwater samples were collected from 26 of the site monitoring wells in the upper plume area, lower plume area, and deeper till source area. Up to 63,500 ug/l PCE, 6,600 ug/l TCE, 37,800 ug/l Cis-1,2-DCE, 88.4 ug/l 1,1-DCE, 257 ug/l 1,2-dichloropropane, 30.1 ug/l benzene, and 8,390 ug/l vinyl chloride in the groundwater samples collected.
PCE concentrations were above the 840 ug/l on-property cleanup level in 5 locations (MW-47, L-78, L-80A, L-102, and L-103), TCE concentrations were below the 21,900 ug/l on-property cleanup level at all locations, Cis-1,2-DCE concentrations were above the 11,500 ug/l on-property cleanup goal in 7 locations (MW-48, MW-49, MW-50, L-78, L-80A, L-101, L-102, and L-103), 1,1-DCE concentrations were above the 70 ug/l on-property cleanup goal in one location (L-102), 1,2-dichloropropane concentrations were above the 5 ug/l default cleanup level at seven locations (MW-47, MW-49, MW-50, L-78, L-80A, L-101, and L-102), benzene concentrations were below the 50 ug/l on-property cleanup goal at all locations, vinyl chloride concentrations were above the 2 ug/l on-property cleanup goal at 18 locations, plus 3 locations that had reporting limits above the cleanup level for vinyl chloride.
The 2014 data suggests that reductive dechlorination (bioremediation) is occurring in the upper plume except at MW-23, which is outside of the HRC treatment area, but this location did not exceed the on-property cleanup levels.
The 2014 data suggests that reductive dechlorination (bioremediation) is occurring in the lower plume except at MW-12 and MW-26, which is outside of the HRC treatment area, but they do not exceed the on-property cleanup levels.
The 2014 data suggests that reductive dechlorination (bioremediation) is occurring in the deeper till source area, but is variable from one well to another. Based on this sampling data the consultant does not recommend additional HRC injections.
|
Robert Weimer |
| 10/21/2015 |
Document, Report, or Work plan Review - other |
In 2014 pore water samples were collect from near the Kenai River along with water column samples were collected from the Kenai River.
The pore water samples had no target analytes detected above the Record of Decision (ROD) pore water cleanup levels.
The water column samples collected from the Kenai River had no target analytes detected above surface water cleanup levels.
|
Robert Weimer |
| 10/27/2015 |
Enforcement Action |
On October 15, 2015 Drinking Water staff in the Soldotna Office met with the River Terrace Trailer Court, PWSID 241012, owner Gary Hinkle and his assistant Keith Thomas to discuss their proposed actions and timelines to address ongoing long term compliance issues including arsenic exceedance, separation distances, buried and inaccessible source wells, and deteriorating distribution lines. The department has made several requests for a comprehensive action plan since the last meeting with Mr. Hinkle on April 30, 2015 when Mr. Hinkle agreed to submit an action plan to address all outstanding issues and requested that we enter into a compliance order by consent (COBC) since the corrections would take a while. In May, he submitted a brief action plan for arsenic only and stated that the other issues could not be addressed despite repeated requests from the department for a comprehensive plan - which culminated in the recent meeting requested by Mr. Hinkle. After a lengthy discussion, Mr. Hinkle said that he would provide an action plan with timelines by November 1, 2015. Since the corrective actions are expected to take a while, possibly through 2020 according to Mr. Hinkle, a COBC will be drafted after the comprehensive action plan is submitted. |
Robert Weimer |
| 12/16/2015 |
Update or Other Action |
DEC conducted its 5 year review of the 2000 Record of Decision (ROD). That 5 year review document is included in the project file and posted on this sites site summary page. |
Robert Weimer |
| 3/31/2016 |
Update or Other Action |
This file is partially in the Soldotna Office. And been archived in 28 boxes here in Anchorage at Alaska Archives: Barcodes- 897001, 897002, 897003,897004, 897005, 897006, 897007, 897008, 897009, 897010, 897011, 897012, 897013, 897014, 897015, 897076, 897077, 897078, 897079, 897080, 897081, 897082, 897083, 897084, 897085, 555153, 555186, 576814 |
Susan Carberry |
| 10/24/2016 |
Document, Report, or Work plan Review - other |
ADEC approval of the October 2016 "Work plan 2016 Groundwater Monitoring - River Terrace RV Park". The work plan proposes to collect in October 2016, 14 groundwater samples (plus 2 duplicates) from the site monitoring wells. |
Robert Weimer |
| 11/11/2016 |
Update or Other Action |
On November 8, 2016 ERM excavated 4 cubic feet of contaminated soil at the location of the leaking purge water drum. The excavated soil was placed in a drum and will be shipped by NRC to the TSD - US Ecology facility in Idaho for disposal on November 14, 2016. AQR Color-Tech was used to field screen the sidewall and base of the excavation to determine where to collect the base and sidewall analytical samples to be analyzed for VOC's. |
Robert Weimer |
| 11/11/2016 |
Update or Other Action |
On November 8, 2016 ERM excavated 4 cubic feet of contaminated soil at the location of the leaking purge water drum. The excavated soil was placed in a drum and will be shipped by NRC to the TSD - US Ecology facility in Idaho for disposal on November 14, 2016. AQR Color-Tech was used to field screen the sidewall and base of the excavation to determine where to collect the base and sidewall analytical samples to be analyzed for VOC's. |
Robert Weimer |
| 2/28/2017 |
Document, Report, or Work plan Review - other |
ERM submitted the Final 2016 Groundwater Monitoring Report. Significant results include:
A. PCE concentrations were below the 840 µg/L on-RTRVP property cleanup level in
all of the 14 monitoring locations sampled.
B. Cis-1,2-DCE concentrations were above the 11,600 µg/L on-RTRVP property cleanup
level in 4 of the 14 monitoring locations sampled, including MW-48 (97,400 µg/L),
MW-49 (50,500 µg/L), MW-50 (47,000 µg/L), and MW-51 (22,200 µg/L).
C. 1,1-DCE concentrations were above the 70 µg/L on-RTRVP property cleanup level in
1 of the 14 monitoring wells sampled, including MW-48 (133µg/L).
D. Vinyl chloride concentrations ranged between 2.58 µg/L (MW-35) and 15,800 µg/L
(MW-50) in wells where it was detected and exceeded the 2 µg/L on-RTRVP
property cleanup level in 11 of the 14 monitoring locations sampled. Three
monitoring well locations (MW-16, MW-23, and MW-26) had vinyl chloride results
that were below the detection limit.
E. The October 2016 sentry well monitoring results showed that vinyl chloride
concentrations in MW-6A were above the ROD cleanup level of 6 µg/L but no other
exceedances were observed. |
Darren Mulkey |
| 4/11/2018 |
Enforcement Agreement or Order |
A Compliance Order By Consent (COBC) was signed and finalized in April 2018 to address arsenic exceedances associated with public water system PWSID AK2241012. Enforcement Tracking #: 2018-R0083 (DEC Drinking Water Program). The ADEC requested the COBC since the PWS was on the EPA's Enforcement Targeting Tool List due to the number of violations associated with arsenic, and since the engineer plan review submittals and review for the point of entry treatment system has been taking longer than expected. The COBC addresses the arsenic issue. Other drinking water compliance issues (wells, separation distance, and contaminated sites) will be addressed separately. Plan review and approval completion dates are specified in the COBC as follows: A) By May 15, 2018: Address outstanding plan review issues in order to receive Approval to Construct arsenic treatment system. B) By December 31, 2018: Submit a request for Interim Approval to Operate the arsenic treatment system. C) By March 1, 2019: Submit a request for Final Approval to Operate the arsenic treatment system. D) Continue to sample as required for arsenic, issue associated public notices to the customers, and provide certification to the department when the running annual average is exceeded. Currently quarterly arsenic sampling and public notice is required. The COBC will expire March 1, 2019 unless deadlines and conditions are extended. |
Wendy Hansen |
| 5/10/2018 |
Enforcement Agreement or Order |
Enforcement Tracking #: 2018-R0083 (DEC Drinking Water Program: The first COBC deadline "By May 15, 2018: Address outstanding plan review issues in order to receive Approval to Construct the arsenic treatment system" for the drinking water PWS was met. Coordination with ADEC engineers is in progress. A separate COBC is being considered to address other concerns: a) Wells 1 and 2 are reportedly flowing artesian that are buried and not accessible to be evaluated (Well 2 is reported to be a backup well that has not been used for approximately 25 years) b) verification that components used in contact with the water are certified to ANSI/NSF standards for drinking water c) verification of potential contaminant separation distances. |
Wendy Hansen |
| 5/10/2018 |
Enforcement Agreement or Order |
Enforcement Tracking #: 2018-R0083 (DEC Drinking Water Program): The first COBC deadline "By May 15, 2018: Address outstanding plan review issues in order to receive Approval to Construct the arsenic treatment system" for the drinking water PWS was met. Coordination with ADEC engineers is in progress. A separate COBC is being considered to address other concerns: a) Wells 1 and 2 are reportedly flowing artesian that are buried and not accessible to be evaluated (Well 2 is reported to be a backup well that has not been used for approximately 25 years) b) verification that components used in contact with the water are certified to ANSI/NSF standards for drinking water c) verification of potential contaminant separation distances. |
Wendy Hansen |
| 6/29/2018 |
Update or Other Action |
Funding Request and Request for Proposal in progress for an October 2018 sampling event. The 2018 sampling event will help determine site status and path forward. |
Wendy Hansen |
| 10/25/2018 |
Update or Other Action |
Notice to Proceed (NTP) issued to Ahtna Engineering Services, LLC. The NTP is structured for 2.5 years (from commencement of NTP to February 28, 2021) with an optional two year renewal ending February 28, 2023. A kickoff meeting is scheduled for October 26, 2018. Compliance and groundwater sampling is planned for November 2018. |
Wendy Hansen |
| 10/25/2018 |
Update or Other Action |
Notice to Proceed (NTP) issued to Ahtna Engineering Services, LLC. The NTP is structured for 2.5 years (from commencement of NTP to February 28, 2021) with an optional two year renewal ending February 28, 2023. A kickoff meeting is scheduled for October 26, 2018. Compliance and groundwater sampling is planned for November 2018. |
Wendy Hansen |
| 11/28/2018 |
Document, Report, or Work plan Review - other |
DEC reviewed and provided comments on draft work plan for groundwater compliance and performance monitoring now planned for December of 2018. The work plan was written by Ahtna, is dated November 16, 2018 and was received on November 26, 2018. Twenty-two wells will be sampled for compliance to determine current concentrations of chlorinated solvents. Ten of the wells will also be analyzed for performance parameters and microbes. |
Wendy Hansen |
| 12/11/2018 |
Document, Report, or Work plan Review - other |
DEC reviewed the final work plan for groundwater compliance and performance monitoring, and associated responses to comments. The work plan was approved. |
Wendy Hansen |
| 12/12/2018 |
Update or Other Action |
DEC updated EPA ID to Small Quantity Generator. |
Wendy Hansen |
| 4/24/2019 |
Document, Report, or Work plan Review - other |
Staff provided comments to draft 2018 groundwater monitoring report, submitted on March 21, 2019. The report summarized sampling activities conducting in December of 2018. Twenty-two groundwater monitoring wells were sampled for VOCs. Ten of the wells were also sampled for performance monitoring parameters including Dhc populations and associated functional genes, volatile fatty acids, dissolved gases, total organic carbon, and total and dissolved iron. PCE, TCE, cDCE, tDCE, vinyl chloride, and benzene were detected in samples from both the upper and lower plume above current regulatory cleanup levels. PCE, cDCE, DCE, vinyl chloride, and benzene were present at concentrations above applicable ROD-specified ACLs. Performance monitoring parameters indicated microbial populations and associated functional genes in the lower and upper plume ranged in concentrations that are favorable to not favorable for complete dechlorination. Additional parameters suggest anaerobic biodegradation is occurring, and subsurface site conditions are likely conducive for reductive dechlorination processes in most of the lower plume and the center of the upper plume. |
Wendy Hansen |
| 6/5/2019 |
Update or Other Action |
The 2018 groundwater monitoring report was finalized. The report recommended additional sampling in the upper plume and near river wells to confirm contaminant trends and surface and pore water sampling due to exceedances of the off-RTRVP ACLs and modeled action levels in these two areas. Annual groundwater sampling was recommended for the upper plume. Less frequent sampling was recommended for the lower plume (biennial or every three years). |
Wendy Hansen |
| 6/12/2019 |
Update or Other Action |
An NTP amendment was signed to provide funding to Ahtna to perform additional groundwater, surface water, and pore water sampling at the site. Groundwater sampling in the upper plume is planned for June/July 2019. Near river groundwater sampling, pore water sampling, and surface water sampling are planned for October/November, or when the Kenai River is at a low stage height. |
Wendy Hansen |
| 6/28/2019 |
Document, Report, or Work plan Review - other |
Approved a work plan to sample six upper plume wells (MW-16, MW-25, MW-36, MW-38, MW-42, and MW-43) to confirm contaminate concentrations and trends. |
Wendy Hansen |
| 10/11/2019 |
Document, Report, or Work plan Review - other |
Staff provided comments to July 2019 Upper Plume Groundwater Monitoring Report. The purpose of the groundwater sampling was to confirm cleanup level exceedances observed in upper plume monitoring wells during the December 2018 sampling event and determine whether additional biostimulation may be warranted to reduce off-site contaminant migration at the north corner of the RTRVP. Six groundwater monitoring wells for water quality parameters and VOCs, MW-16, MW-21, MW-25, MW-38, MW-42, and MW-43. The July 2019 groundwater sampling analytical results show that PCE, TCE, cDCE, and VC are present at concentrations above their applicable ADEC Table C cleanup levels at upper plume wells. Additionally, PCE and TCE concentrations exceeded ROD-specific off-RTRVP property cleanup levels at MW-25, while the VC concentration exceeded the off-property cleanup level at MW-38. MW-16 had a VC concentration exceeding the 2 µg/L on-RTRVP property cleanup level. Continued groundwater monitoring of the upper plume, and HRC injection were recommended. |
Wendy Hansen |
| 10/16/2019 |
Document, Report, or Work plan Review - other |
Ahtna submitted the final July 2019 Upper Plume Groundwater Monitoring Report. All comments were addressed. |
Wendy Hansen |
| 11/13/2019 |
Document, Report, or Work plan Review - other |
Staff provided comments to work plan for fall 2019 sentry well, pore water, and surface water sampling. Five near river sentry well, thirteen pore water and three surface water locations will be sampled for VOCs to evaluate potential migration to the Kenai River. Ten of the groundwater and pore water locations will be also be sampled for TOC, total and dissolved manganese and iron, and dissolved gases. |
Wendy Hansen |
| 5/11/2020 |
Document, Report, or Work plan Review - other |
Approved Work Plan for Near-Wells, Pore Water, and Surface Water Sampling River Terrace RV Park, Soldotna, Alaska - sampling to occur during May 2020. |
Jim Fish |
| 8/6/2020 |
Document, Report, or Work plan Review - other |
Received Draft May 2020 Porewater, Groundwater, and Surface Water Monitoring Report, River Terrace RV Park |
Jim Fish |
| 8/28/2020 |
Document, Report, or Work plan Review - other |
Analytical results from May sampling event indicated PCE and vinyl chloride (VC) were detected in samples from near river wells at concentrations that exceeded applicable groundwater cleanup levels. Additionally, concentrations of PCE and VC were present at concentrations above Record of Decision (ROD)-specified ACLs.PCE concentrations in all porewater samples exceeded the AK Water Quality Standards (AWQS), and on location exceeded for VC. Surface water sample locations were all below AWQS.
Based on review of the 2020 sampling analytical results, as well as statistical trend analysis and chlorinated ethene distributions plotted over time, the contractor recommends additional substrate injections to promote bioremediation of contaminated groundwater, and to reduce the concentrations of contaminants migrating off site. |
Jim Fish |
| 1/5/2023 |
Offsite Soil or Groundwater Disposal Approved |
DEC approved transport and disposal for ~40 gallons of PCE-contaminated purge water during the week of January 16th. |
Janice Wiegers |
| 1/5/2023 |
Offsite Soil or Groundwater Disposal Approved |
DEC approved transport and disposal for ~40 gallons of PCE-contaminated purge water during the week of January 16th. |
Janice Wiegers |
| 1/5/2023 |
Offsite Soil or Groundwater Disposal Approved |
DEC approved transport and disposal for ~40 gallons of PCE-contaminated purge water during the week of January 16th. |
Janice Wiegers |
| 5/2/2023 |
Document, Report, or Work plan Review - other |
Draft 2023 workplan received |
Jim Fish |
| 5/4/2023 |
Document, Report, or Work plan Review - other |
Work plan approved for additional substrate injections in Upper & Lower plumes, and additional groundwater, surface water and pore water monitoring.
|
Jim Fish |
| 7/5/2023 |
Meeting or Teleconference Held |
CS Staff attended a meeting with the property owner (G. Hinkle) and his consultant, with DEC DW staff, to discuss water system status and possible connection to City water supply, along with possible soil management considerations. A map showing proposed work is pending |
Jim Fish |
| 9/19/2024 |
Cleanup Plan Approved |
Work plan from ADEC contractor for 2024-2028 approved; includes substrate injections with groundwater monitoring, pore water, and surface water sampling to be conducted in subsequent years. |
Jim Fish |
