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m �~ 1540 SULLIVAN AVENUE•SOUTH WINDSOR,CT 06074-2786
R c0 AREA CODE 860/644-2511
FAX 860/644-3781
May 4, 2000
Mr. Arthur J. Rocque, Jr.
Commission of the Department
of Environmental Protection
79 Elm Street
Hartford, CT 06106-5127
Dear Commissioner Rocque:
The Town has become aware that it will not comply with the timetable set in item
number 4A of Consent Order #SRD-122, This is due to a twelve (12) day medical leave
of personnel and the fact that the pertinent staff member did not receive a copy of the
Consent Order.
We anticipate retaining a qualified consultant on or before May 26, 2000 and expediting
this matter as quickly as possible to compensate for lost time so that we may return to
the original compliance schedule.
Thank you for your consideration. -
Yours truly, , 144 /
Robert Deptula, R.S.
Environmental Health Officer
RD/cm
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cc: Mr. Michael P. Senyk
DEP -
Bureau of Water Management
PERD
79 Elm Street
Hartford, CT 06106-5127
'04/00 10:27 FAX � `F.j O11 (•-K—
STATE OF CONNECTICUT
DEPARTMENT OF ENVIRONMENTAL PROTECTION
BUREAU OF WATER& REMEDL SON DIYISIQN
SUP, pERM1Ti'irIG, ENRORCEME
FAX MESSAGE
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FAX
FROM:
TELEPHONE:
PERMITTING, ENFORCEMENT & REI IWJATTON DIVISION
BUREAU OF WATER MANAGEMENT-
DEPARTNEWr OF ENVIRONMENTAL PROTECTION
79 ELM STREET
HARTFORD, CT 06106-5127
FAX # ) 424-4057
SUBJECT:
NUMBER OF PAGES INCLUDING TRANSMITTAL SHEET:
COMMENTS:
PLEASE CALL IF YOU DO NOT RECEIVE ALL PAGES CLEARLY
Rev.4195
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05/04/00 10:28 FAX Lfjvu2
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The Town.of South Windsor is seeking a statement of qualifications aztd proposal to
address contamination of drinking water wells and the Icing term provisions of drinking
water which meets the standards for drinking water established by the Commissioner of
Public Health to the qffected properties.
This task shall be conducted in accordance with the,requirements of consent order
number SRD 122 Town of South Windsor, State of Connecticut vs. Town of South
Windsor, attached as exhibit A and Deparrt tent of PInvironmental Protection,Bureau of
Water Management application for potable water supplies assistanca document which is
attached as exhibit B.
xjujacrous well water samples P esults of which are available for
review ditiomally, the DEP collected and analyzed numerous ground water samples
fro znozutor ells and surface water, This report is also available.
05/04/00 10:28 FAX IM003
�^ 05f`�2r�2000 68:26 06064472$e SOUTH WINDSOR PAGE 02/02
J Public water is in the area. It would involve the installation of approximately 2,500 feet
v of water main to provide potable water to the affected properties,if that is the chosen
alternative. Engineering design of lime installation would be done under a.separate
contract to the utility.
Letters and qualification statements must be received by the Environmental Healtb
Officer,Town Hall, 1540 Sullivan,,Avenue, South Windsor, CT 06074 by May 19, 2000.
Please include your proposal for remediation. This quality based selection will be
determe so e y y your submissions to this office. Please submit two copies,which
should include:
1) General information about the Run.
2) Current Federal GSA forms 254 and 255.
3) Relevant experience with similar projects.
4) Resume of key personnel.
5)Pertinent references.
6)Any additional irnformation deemed necessary
i
Selection will be completed and you will be notified by May 26, 2000.
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The chemical compound trichloro then was detected at concentrations exceeding the
Connecticut Department of Public ealth drinking water action level in nineteen drinking
water wells in the Barber Hill Road areal of South Windsor, Connecticut. The
Connecticut Department of En onmental Protection (CTDEP) has provided a short-
term water supply to fourteen of the affected residents in the forin of granular activated
carbon filter systems. One resident has been provided bottled water due to plumbing
constraints and the remaining four affected residents were connected to.the public water
system available on Foster Street Extension. Despite the DEP's concerted effort, a
responsible party has not been identified to date. As a result,the Connecticut Department
of Environmental Protection has issued the Town of South Windsor an order to address
the long-term drinking water issues.
The scope of work should include the determination of the area and population affected
by the ground water pollution,the evaluation of long-term potable drinking water supply
alternatives, and the associated cost and design criteria for each alternativ As stated in
the attached consent order number SRD 122 State of Connecticut vs. Town of South
Windsor.
Please note that the Connecticut Water Company will be providing the engineering
design for the public water alternative under separate contract.
In addition, the monitoring and maintenance of the granular activated carbon filter
systems should be included in the proposal. Monitoring will consist of the quarterly
�) collection and laboratory analysis of rain and treated water samples by EPA method
l/ 524.2. The monitoring and maintenance of the filter systems will be continued until an
alternative water supply is available.
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The Town of South Windsor is seeking a statement of qualifications and proposal to
address contamination of drinking water wells and the long term provisions of drinking
water which meets the standards for drinking water established by the Commissioner of
Public Health to the effected properties.
This task shall be conducted in accordance with the requirements of consent order
number SRD 122 Town of South Windsor, State of Connecticut vs. Town of South
Windsor, attached as exhibit A and Department of Environmental Protection, Bureau of
Water Management application for potable water supplies assistance document which is
attached as exhibit B.
Please be aware that under item#3, short term drinking water has been provided.
TCE was discovered in one drinking water well in this area. This led to the collection of
numerous well water samples by the Town and DEP, Results of which are available for
review. Additionally, the DEP collected and analyzed numerous ground water samples
from monitor wells and surface water. This report is also available.
D?4 rf
Public water is in the area. It would involve the installation of approximately 2,500 feet
of water main to provide potable water to the affected properties, if that is the chosen
alternative. Engineering design of line installation would be done under a separate
contract to the utility.
Letters and qualification statements must be received by the Environmental Health
Officer, Town Hall, 1540 Sullivan Avenue, South Windsor, CT 06074 by May 19, 2000.
Please include your proposal for remediation. This quality based selection will be
determined solely by your submissions to this office. Please submit two copies, which
should include:
1) General information about the firm.
2) Current Federal GSA forms 254 and 255.
3)Relevant experience with similar projects.
4)Resume of key personnel.
5)Pertinent references.
6)Any additional information deemed necessary
Selection will be completed and you will be notified by May 26, 2000.
STATE OF CONNECTICUT
DEPARTMENT OF ENVIRONMENTAL PROTECTION
R AOiNS
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STATE OF CONNECTICUT
VS.
TOWN OF SOUTH WINDSOR
CONSENT ORDER
The Commissioner of Environmental Protection has determined that the Town of
South Windsor ("the Town") is a municipality in which pollution of the groundwaters has
occurred or can reasonably be expected to occur; the Commissioner of Public Health has
determined that the pollution creates or can reasonably be expected to create an
unacceptable risk of injury to the health or safety of persons using such groundwaters as
a public or private source of water for drinking or other personal or domestic uses; and the
Commissioner of Environmental Protection has been unable to determine the person or
municipality responsible for such pollution. Therefore, pursuant to Sections 22a-6, 22a-424
and 22a-471 of the Connecticut General Statutes, the Commissioner of Environmental
Protection ("the Commissioner") hereby orders the Town to take the following actions:
1. Describe in detail the area and population affected by the pollution of groundwater
on and in the vicinity of the intersection of Barber Hill and Miller Roads in the Town
of South Windsor and determine which areas presently or potentially may not meet
the State of Connecticut Department of Public Health requirements for potable
drinking water.
2. Describe long-term potable drinking water supply alternatives, associated costs and
design criteria for each alternative.
3. Provide a short-term and long-term potable drinking water supply which meets the
standards for drinking water established by the Commissioner of Public Health to
the following properties and the areas as described under paragraph 1 above.
Sk° 19-1
41011a NAME ADDRESS
50 Mr. Brian Rivard 1042 Foster Street Ext.
Mr. Michael Lanata 460 Miller Road
Mr. Wayne Martel 461 Miller Road
Ms. Paulette Farris 471 Miller Road
Mr. Raymond Shearer 480 Miller Road
Mr. Fred Schilke 488 Miller Road
( Printed on Recycled Paper)
79 Elm Street • Hartford, CT 06106- 5127
http://dep.state.ct.us
An Equal Opportunity Employer
�^atin/�Connecticut Coastal Resource Management:1980-2000
F 1
2
Mr. Edward Rodonis 496 Miller Road
Mr. Richard Cyr 501 Miller Road
Mr. Robert Kuehnal 10 Barber Hill Road
Mr. Bradford Case 20 Barber Hill Road
Mr. Thomas Dillion 34 Barber Hill Road
Mr. Michael Pines 42 Barber Hill Road
Mr. Walter Twardowski 76 Barber Hill Road
Mr. Michael Dzen 204 Barber Hill Road
Mr. Donald Dzen 244 Barber Hill Road
4. The Town is further ordered to accomplish the above described actions, except as
may be revised by the recommendations of a detailed engineering investigation and
agreed to in writing by the Commissioner and the Commissioner of Public Health,
in accordance with the following schedule:
A. On or before thirty (30) days following the date of issuance of this consent
order, the Town shall retain one or more qualified consultants acceptable to
the Commissioner or demonstrate to the satisfaction of the Commissioner
that the Town has adequate in-house expertise to prepare the documents
and oversee the actions required by this consent order and shall, by that
date, notify the Commissioner in writing of the identity of such consultants or
in-house expert. The Town shall retain one or more qualified consultants
acceptable to the Commissioner or maintain such in-house expertise, until
this consent order is fully complied with, and, within ten days after retaining
any such consultant or in-house expert other than one originally identified
under this paragraph, the Town shall notify the Commissioner in writing of
the identity of such other consultant or in-house expert. The Town shall
submit to the Commissioner a description of a consultant's or in-house
expert's education, experience and training which is relevant to the work
required by this consent order within ten days after a request for such a
description. Nothing in this paragraph shall preclude the Commissioner from
finding a previously acceptable consultant or in-house expert unacceptable.
B. On or before sixty (60) days after issuance of this consent order, the Town
shall submit for the review and written approval of the Commissioner, a
scope of work, schedule and proposed engineering agreement for the
investigation and study required by paragraphs 1 and 2 and a plan and
schedule for the provision of a short-term supply of potable drinking water to
the properties identified in paragraph 3 until a long-term supply of potable
drinking water has been provided.
C. On or before 14 days after the approval of the report required by paragraph
23, the Town shall submit for the review and written approval_of the
1
3
Commissioner a Request for State Grant in accordance with Section 22a-
471-1 of the Regulations of Connecticut State Agencies ("RCSA") for the
short-tern and long term provision of potable drinking water and the
investigation and study required by paragraphs 1 and 2 which includes the
Resolution required by Section 22a-471-1(d)(1)(C).
D. On or before 30 days after approval by the Commissioner of the scope of
work required by paragraph 4.6, the Town shall submit for the review and
written approval of the Commissioner and the Commissioner of Public
Health, an engineering report which describes the problems, area and
Population affected by the groundwater pollution, alternate solutions
including cost of construction or installation, operation and maintenance,
design criteria on all altematives, and a recommended alternative for water
supply facilities. The report shall also contain a schedule for construction of
the approved water supply alternative and for the submission of the following
items to the Commissioner.
1) Contract plans and specifications for the water supply alternative
approved by the Commissioner under this paragraph.
2) Verification that a contract for the installation and construction of the
facilities approved by the Commissioner has been awarded.
3) Verification that said approved facilities have been placed in
operation.
E. On or before 14 days after the Commissioner's approval of the engineering
report required by paragraph 4.1), the Town shall submit for the review and
written approval of the Commissioner a Request for State Grant in
accordance with RCSA Section 22a-471-1 for capital improvements for the
long-tern provision of potable water, which includes the Resolution required
by RCSA Section 22a-471-1(d)(1)(C).
F. The Town shall carry out the actions specified in the approved engineering
report in accordance with the approved schedule.
5. Standard for potable drinking water All potable drinking water which is provided
pursuant to this consent order shall be of a quality which meets all standards
specified in the Regulations of Connecticut State Agencies, including sections 19-
13-B101 and 19-13-13102, as amended and which the Commissioner of Public
Health has not determined creates an unacceptable risk of injury to the health or
safety of persons using such water as a public or private source of water for drinking
or other personal and domestic uses.
4
6. Full compliance. The Town shall not be considered in full compliance with this
consent order until all actions required by this consent order have been completed
as approved and to the satisfaction of the Commissioner.
7. Approvals. The Town shall use best efforts to submit to the Commissioner all
documents required by this consent order in a complete and approvable form. If the
Commissioner notifies the Town that any document or other action is deficient, and
does not approve it with conditions or modifications, it is deemed disapproved, and
the Town shall correct the deficiencies and resubmit it within the time specified by
the Commissioner or, if no time is specified by the Commissioner, within thirty days
of the Commissioner's notice of deficiencies. In approving any document or other
action under this consent order, the Commissioner may approve the document or
other action as submitted or performed or with such conditions or modifications as
the Commissioner deems necessary to carry out the purposes of this consent order.
Nothing in this paragraph shall excuse noncompliance or delay.
8. Definitions. As used in this consent order, "Commissioner" means the
Commissioner of Environmental Protection or an agent of the Commissioner of
Environmental Protection.
9. Dates. The date of submission to the Commissioner of any document required by
the consent order shall be the date such document is received by the
Commissioner. The date of any notice by the Commissioner under this consent
order, including but not limited to notice of approval or disapproval of any document
or other action, shall be the date such notice is personally delivered or the date
three days after it is mailed by the Commissioner, whichever is earlier. Except as
otherwise specified in this consent order, the word "day" as used in this consent
order means calendar day. Any document or action which is required by this
consent order to be submitted or performed by a date which falls on a Saturday,
Sunday or Connecticut or federal holiday shall be submitted or performed on or
before the next day which is not a Saturday, Sunday, or Connecticut or federal
holiday.
10. Notification of noncompliance. In the event that the Town becomes aware that it did
not or may not comply, or did not or may not comply on time, with any requirement
of this consent order or of any document required hereunder, the Town shall
immediately notify the Commissioner and shall take all the reasonable steps to
ensure that any noncompliance or delay is avoided or, if unavoidable, is minimized
to the greatest extent possible. In so notifying the Commissioner, the Town shall
state in writing the reasons for the noncompliance or delay and propose, for the
review and written approval of the Commissioner, dates by which compliance will
be achieved, and the Town shall comply with any dates which may be approved in
writing by the commissioner. Notification by the Town shall not excuse
noncompliance or delay, and the Commissioner's approval of any compliance dates
5
proposed shall not excuse noncompliance or delay unless specifically so stated by
the Commissioner in writing.
11. Certification of documents. Any document, including but not limited by any notice,
which is required to be submitted to the Commission under this consent order shall
be signed by a responsible principal executive officer or a ranking elected official of
the Town or a duly authorized representative of such officer or official, as those
terms are defined in section 22a-430-3(b)(2) of the Regulations of Connecticut State
Agencies and by the individual or individuals responsible for actually preparing such
document, each of whom shall certify in writing as follows: "I have personally
examined and am familiar with the information submitted in this document and all
attachments and certify that based on reasonable investigation, including my inquiry
of those individuals responsible for obtaining the information, the submitted
information is true, accurate and complete to the best of my knowledge and belief,
and I understand that any false statement made in this document or its attachments
may be punishable as a criminal offense."
12. Noncompliance. Failure to comply with this consent order may subject the Town
to an injunction and penalties under Chapters 439 and 446k of the Connecticut
General Statutes.
13. False statements. Any false statement in any information submitted pursuant to this
consent order may be punishable as a criminal offense under Section 22a-438 of
the Connecticut General Statutes or, in accordance with Section 22a-6, under
Section 53a-157b of the Connecticut General Statutes.
14. Liability of the Town and others. The Town's obligations under this consent order
shall not be affected by the passage of title to any property to any other person or
municipality.
15. Commissioner's powers Nothing in this consent order shall affect the
Commissioner's Authority to institute any proceeding to prevent or abate violations
of law, prevent or abate pollution, recover costs and natural resource damages, and
to impose penalties for violations of law, including but not limited to violations of any
permit issued by the Commissioner. If at any time the Commissioner determines
that the actions taken by the Town pursuant to this consent order have not
successfully provided potable drinking water to all persons affected, the
Commissioner may institute any proceeding to require the Town to undertake
further investigation or further action to provide potable drinking water.
16. The Town's obligations under law. Nothing in this consent order shall relieve the
Town of other obligations under applicable federal, state and, to the extent local law
is consistent with this consent order, local law.
6
IT No assurance by Commissioner. No provision of this consent order and no action
or inaction by the Commissioner shall be construed to constitute assurance by the
Commissioner that the actions taken by the Town pursuant to this consent order will
successfully provide potable drinking water to all persons affected.
18. No effect on Li hts of other persons This consent order shall neither create nor
affect any rights of persons who or municipalities which are not parties to this
consent order.
19. Notice to Commissioner of changes. Within fifteen days of the date the Town
becomes aware of a change in any information submitted to the Commissioner
under this consent order, or that any such information was inaccurate or misleading
or that any relevant information was omitted, the Town shall submit the correct or
omitted information to the Commissioner.
20. Submission of documents to DER Any document required to be submitted to the
Commissioner under this consent order shall, unless otherwise specified in writing
by the Commissioner, be directed to:
Mr. Michael P. Senyk
Department of Environmental Protection
Bureau of Water Management
Permitting, Enforcement and Remediation Division
79 Elm Street
Hartford, Connecticut 06106-5127
21. Submission of documents to DPH. Any document required to be submitted to the
Commissioner of Public Health under this consent order shall, unless otherwise
specified in writing by the Commissioner of Public Health, be directed to:
Mr. Paul Ritsick
Department of Public Health
Water Supplies Section
450 Capitol Ave., MS#51WAT
P.O. Box 340308
Hartford, Connecticut 06134-0308
7
The Town consents to the issuance of this consent order without further notice. The
undersigned certifies that (he/she) is fully authorized to enter into the consent order and
to legally.bind the Town to the terms and conditions of the consent order.
v / �
Da Matthew B. Galligan
Town Manager
Issued as a final order of the Commissionejur
FJr
Environmental
Protection.
Date
CONSENT ORDER NO. SRD- 1 2 2
TOWN OF SOUTH WINDSOR
CERTIFIED TO BE A TRUE C01=Y
CONNEC=n DEPARTMENT o
ENMOAMENTk PROTECTiG.,\-
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' F!Q � T MIC'ATIONS
.. - REQUEST eT A TF�.FNTS OF OUA
The Town of South Windsor is seeking statements of qualifications from qualified engineering
firms for the preparation of a report that will evaluate the extent to which the existing wastewater
Facility processes and equipment may be modified through cost-effective means to 4
treatment Fac ty p
control odor emissions. The Town will select a firm using a qualification—based selection
process. All interested firms must obtain a project summary available from the Office of the
Director of Public Works. Proposals must be submitted to the Office of the Director of Public z
Works,Town Hall, 1540 Sullivan Avenue, South Windsor, Connecticut 06074 by June 18, 1999
4:30 P.M.
,/�
Matthew B. Galligan
Town Manager
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WASTEWATER TREATMENT FA n TTY ODOR CONTROL
PLAN OF STUDY
PRO ECT SUMMARY
PJIrnose
To obtain statements of qualification for selection of firms for subsequent interviews for
engineering and special services for the preparation of a report that will evaluate the extent to
which the existing Treatment Facility processes and equipment maybe modified through cost-
effective means to control odor emissions.
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The Treatment Plant is a secondary treatment waste activated sludge facility with a design
capacity of 3.75 MGD.Final effluent discharge is to the Connecticut River. The Plant serves the
Town of South Windsor, and portions of Manchester and East Windsor. The Plant is located
near to a residential area.
The treatment process includes a headworks building(aerated grit removal and screenings), three
primary clarifiers,four aeration tanks(two surface mechanical aeration units and two fine bubble
membrane disc aeration-systems), surface grease removal systems,two secondary clarifiers, two
gravity sludge thickeners, a sludge dewatering belt filter press,and sludge tranport.
RP on rt_R_Quirement�
I. Engineering Report:
a. A specific study to evaluate the sources of Plant odors(from hydrogen sulfide,
mercaptans, indoles, skatoles,volatile organic compounds, ammonia, oil and grease)
and the opportunities for the control of odors. Specific areas of study shall include
but not be limited to the following: grit and bar screening,primary clarifiers, side-
stream returns, sludge thickening/holding, sludge dewatering,sludge storage, and
liquid polymer storage. The study is not intended to be a full facility plan but a
process based evaluation of the wastewater treatment facility.
H. Study Considerations:
a. Evaluate existing process, equipment, and operating conditions.
i. Review existing records of all Plant operational processes.
ii. Review existing laboratory test records.
iii. Review records of problems and complaints.
b. Evaluate Source Control
i. Improvement of operating conditions.
I Eliminate conditions of low dissolved oxygen or low pH.
iii. Reduce turbulence.
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c. Evaluate sidestreams
d. Evaluate chemical treatment
i. Chlorine
ii. Hydrogen peroxide
iii. Nitrates
iv. Metallic salts
V. Lime
e. Evaluate pre-aeration
f. Evaluate containment, collection and control where source control, chemical
treatment or pre-aeration have been found to be insufficient or unpractical.
i. Evaluate performance of systems to contain and collect gases which are
further treated by odor removal equipment such as chemical scrubbers,
activated carbon filters, and/or bio-filters.
g. Detailed evaluation of screened potential alternatives.
h. Economic evaluation including capital,operation and maintenance costs of
ternatives.
i. Recommendation and report conclusions.
j. A complete description of selected alternatives.
k. Cost estimate for design and construction.
1. A time schedule for project implementation.
m. Provide presentations and technical criteria to local and state governmental authorities
as have jurisdiction to approve this study.
Schedrde and R auir m ntc
a. Letters and qualification statements must be received in the Office of the Director of
Public Works,Town Hall, 1540 Sullivan Avenue, South Windsor, Connecticut 06074
by 4:30 P.M.June 15, 1999.
b. Three copies of qualification statements must be submitted.
c. Information pertaining to qualifications must include:
i. General_information about the firm.
ii. Current Federal GSA Forms 254 and 255.
iii. Relevant experience of the firm with similar projects.
iv. Resume of key personnel to be assigned to this project.
V. Pertinent reference contact information.
A. Additional information not included above,which may be useful and
applicable to this project.
d. ,Potential schedule costs.
e. nor efore July 8, a Town will complete interviews with selected short
listed firms.
f. On or before July 15, 1999, the Town will select a qualified Consultant to prepare this
report.
FAX TRANSMITTAL
STATE OF CONNECTICUT N
DEPARTMENT OF ENYIItONMENTAL PROTECTION 0
79 ELM STREET
HARTFORD, CT 06106
TO: Bob Deptala FROM: Hank 01szews1d
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FAX NO. 860-644-3781 PHONE NO. 860-424-3708 �
COMPANY: Town of South Windsor SUBJECT: Potable Water Project Events c
cc
CITY: South Windsor DATE: February 28,2000
STATE: CT PAGES: Three(including cover)
PHONENO. 860-644-2511 FAXNO_ 860-424-4067
East.248
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Bob,
Here is a basic outline that highlights the ma}or events the Town faces when applying for potable water funding.
Hopefully,it should give you an idea of the flow of events.At least you will be aware of what will happen next
Any questions,Please call me_
Sincerely,
Hank
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WATER.SUPPLY PROJECT SCHEDULE OF EVENTS N C
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DEP POTABLE WATER PROGRAM n
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PIANNNG PHASE r
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■ DEP meets with Town officials to discuss:
-extent of groundwater pollution,
-the water supply order(required for State assistance)and, 0C
-potable water program requirements. Q
• DEP prepares and issues a water supply order to Town.
■ The Town procures an engineering consultant and meets with DEP to discuss requirements of the n
engineering report.
■ DEP reviews plant of study that includes scope of services,proposed public participation plan,level c
a
of effort and 5700 forms.
■ Town adopts a resolution authorizing a representative to enter into contract with the State.
■ Town completes application for grant and submits to DEP for approval.
■ DEP approves plan of study and engineering agreement drafted by Town's consultant.
a DEP prepares request to State Bond Commission for funding.
■ State Bond Commission approves DEP funding request. C
■ Town enters into agreement with the State for project funding.
■ Upon full approval of agreement,Town away submit reimbursement requests.
■ Engineering report is completed and submitted to the State for approval. y
■ DEP prepares FONSI for induced growth issues.
■ Engineering report is approved
■ Letter from DEP to Town regarding preliminary eligibility determination of construction costs.
DESIGN/CONSTRUCMIN PRASE
■ Town procures a consultant to design the water supply system and to provide contract
administration and inspection during the construction phase of the project.
■ Town adopts a resolution authorizing a representative to enter into contract with the State.
■ Statement of certification that local shave has been legally authorized for design and construction
activities(as required by the Town).
■ Town prepares application and submits to DEP for project funding:
Eligible project costs include consulting engineering services,construction costs
for water main extension,service connections,well-abandonment,street
restoration (repaving width of trench),etc.
--AIE agreement,cost estimate summary form,cash flow projection,schedule
including completion date,CHRO forms.
■ DEP approves A/E agreement
■ DEP prepares funding request and submits to State Bond Commission. n
■ Upon approval of funding,Town enters into agreement with the State.
■ Upon full approval of agreement,Town may submit reimbursement requests.
A
■ Consultant prepares design of Plans&Specifications_ C
■ DEP and State Health Department review completed Plans&Specs.
■ DEP and State Health Department approve Plans&Specs.
■ DEP prepares an eligibility determination for project costs. C
--ineligible items are:fire hydrants,water mains larger than 8 easement/r-o-w, C
cost for preparation of grant application,etc. a
c
■ Town now may advertise for and open bids.
■ After bid opening,the Town submits to DEP a letter of intent to award the construction contract
with:
--consultant's recommendation to award.
—revised project cost summary form i
—legal notice of bid advertisement C
,a
—summary of bids.
--bid proposal from lowest bidder.
--State wage rates used in bid. C
—legal opinion from Town attorney that all necessary easements and/or r-o-w's
relating to construction are in place.
■ DEP forwards letter to Town authorizing award of the construction contract.
■ Construction begins.
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4 w� AREA CODE 860/644-2511
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December 8, 1999 7671 Date pages
Post-it®Fax Note From
To Co.
Co./Dept. phone#
Mr. Bob Bristol Phone# Fax#
Marin Environmental Fax#
7 Island Dock Road
Haddam, CT 06438
Dear Mr. Bristol:
Enclosed is the requested information so that Marin Environmental may give
the Town a ballpark estimate to perform the referenced work.
For further clarification, as per our discussion on December 7, 1999, you will
not be paid for these efforts. We are merely,seeking a rough estimate if you
choose to provide one.
This project will most likely be put out to the competitive bidding process.
We can provide you with additional information if needed.
If you have any questions please call me at 644-2511 extension 248.
Yours truly,
Robert Deptu a, R.S.
Environmental Health Officer
RD/cm
Enclosures: 3
2
Mr. Edward Rodonis 496 Miller Road
Mr. Richard Cyr 501 Miller Road
Mr. Robert Kuehnal 10 Barber Hill Road
Mr. Bradford Case 20 Barber Hill Road
Mr. Thomas Dillion 34 Barber Hill Road
Mr. Michael Pines 42 Barber Hill Road
Mr. Walter Twardowski 76 Barber Hill Road
Mr. Michael Dzen 204 Barber'Hill Road
Mr. Donald Dzen 244 Barber Hill Road
4. The Town is further ordered to accomplish the above described actions, except as
may be revised by the recommendations of a detailed engineering investigation and
agreed to in writing by the Commissioner and thp Comm isp io er of Public Health,
in accordance with the following schedule: w' `f "'0"v4 of •IL,-_ V,,Vv5*-
A. On or before thirty (§PLd"/�trate
ing the date of issuance of this consent
order, the Town shall retain more qualified consultants acceptable to
the Commissioner or demoto the a its ac ion of the Commissioner
that the Town has adequate in-house expertise to prepare the documents
and oversee the ac ions required by this consent order and shall, by that
date, notify the Commissioner in writing of the identi; of such consultants or
in-house expert. The Town shall retain one or more qualified consultants
acceptable to the Commissioner or maintain such in-house expertise, until
this consent order is fully complied with, and, within ten days after retaining
any such consultant or in-house expert other than one originally identified
under this paragraph, the Town shall notify the Commissioner in writing of
the identity of such other consultant or in-house expert. The Town shall
submit to the Commissioner a descrigtion of a consultant's or in-house
expert's education, experience and training which is re avant to the work
re wired b this consen _ t for such a/
descnntion. Nothing in this paragraph shall preclu e e ommissioner from
finding a previously acceptable consultant or in-house expert unacceptable.
B. On or before sixty (60) days after issuance of this consent order, the Town
shall submit for the review and written approval of the Commissioner, a
���scope of work, schedule and proposed engineering agreement for the
investigation and study required by paragraphs 1 and 2 and a plan and
schedule for the provision of a sho_ rt-te=supply of potable drinking water to
the properties identified in paragrapl\3 until a long-term supply of potable
drinking water has been provided. \ 0 nnc
C. On or before 14 days after the approval of the report required by paragraph
r,,�. the Town shall submit for the review and written approval of the
' 3
Commissioner a Request for State Grant in accordance with Section 22a-
471-1 of the Regulations of Connecticut State Agencies ("RCSA") for the
short-term and long term provision of potable drinking water and the
investigation and study required by paragraphs 1 and 2 which includes the
Resolution required by Section 22a-471-1(d)(1)(C).
D. On or before 30 days after approval by the Commissioner of the scope of
work required by paragraph 4.13, the Town shall submit for the review and
written approval of the Commissioner and the. Commissioner of Public
Health, an engineering report which describes the problems, area and
population affected by the groundwater pollution, alternate solutions
including cost of construction or installation, operation and maintenance,
design criteria on all alternatives, and a recommended alternative for water
supply facilities. The report shall also contain a schedule for construction of
the approved water supply alternative and for the submission_ of the following
items to the Commissioner:
1) Contract plans and specifications for the water supply alternative
approved by the Commissioner under this paragraph.
2) Verification that a contract for the installation and construction of the
facilities approved by the Commissioner has been awarded.
3) Verification that said approved facilities have been placed in
operation.
E. On or before 14 days after the Commissioner's approval of the engineering
report required by paragraph 4.D, the Town shall submit for the review and
written approval of the Commissioner a Request for State Grant in
accordance with RCSA Section 22a-471-1 for capital improvements for the
long-term provision of potable water, which includes the Resolution required
by RCSA Section 22a-471-1(d)(1)(C).
F. The Town shall carry out the actions specified in the approved engineering
report in accordance with the approved schedule.
5. Standard for potable drinking water. All potable drinking water which is provided
pursuant to this consent order shall be of a quality which meets all standards
specified in the Regulations of Connecticut State Agencies, including sections 19-
13-B101 and 19-13-13102, as amended and which the Commissioner of Public
Health has not determined creates an unacceptable risk of injury to the health or
safety of persons using such water as a public or private source of water for drinking
or other personal and domestic uses.
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6. Full compliance. The Town shall not be considered in full compliance with this
consent order until all actions required by this consent order have been completed
as approved and to the satisfaction of the Commissioner.
7. Approvals. The Town shall use best efforts to submit to the Commissioner all
documents required by this consent order in a complete and approvable form. If the
Commissioner notifies the Town that any document or other action is deficient, and
does not approve it with conditions or modifications, it is deemed disapproved, and
the Town shall correct the deficiencies and resubmit it within the time specified by.
the Commissioner or, if no time is specified by the Commissioner, within thirty days
of the Commissioner's notice of deficiencies. In approving any document or other
action under this consent order, the Commissioner may approve the document or
other action as submitted or performed or with such conditions or modifications as
the Commissioner deems necessary to carry out the purposes of this consent order.
Nothing in this paragraph shall excuse noncompliance or delay.
8. Definitions. As used in this consent order, "Commissioner" means the
Commissioner or an agent of the Commissioner.
9. Dates. The date of submission to the Commissioner of any document required by
the consent order shall be the date such document is received by the
Commissioner. The date of any notice by the Commissioner under this consent
order, including but not limited to notice of approval or disapproval of any document
or other action, shall be the date such notice is personally delivered or the date
three days after it is mailed by the Commissioner, whichever is earlier. Except as
otherwise specified in this consent order, the word "day" as used in this consent
order means calendar day. Any document or action which is required by this
consent order to be submitted or performed by a date which falls on a Saturday,
Sunday or Connecticut or federal holiday shall be submitted or performed on or
before the next day which is not a Saturday, Sunday, or Connecticut or federal
holiday.
10. Notification of noncompliance. In the event that the Town becomes aware that it did
not or may not comply, or did not or may not comply on time, with any requirement
of this consent order or of any document required hereunder, the Town shall
immediately notify the Commissioner and shall take all the reasonable steps to
ensure that any noncompliance or delay is avoided or, if unavoidable, is minimized
to the greatest extent possible. In so notifying the Commissioner, the Town shall
state in writing the reasons for the noncompliance or delay and propose, for the
review and written approval of the Commissioner, dates by which compliance will
be achieved, and the Town shall comply with any dates which may be approved in
writing by the commissioner. Notification by the Town shall not excuse
noncompliance or delay, and the Commissioner's approval of any compliance dates
Y w. .•
_ • • .... ..VIE'.•
5
proposed shall not excuse noncompliance or delay unless specifically so stated by
the Commissioner in writing.
11. Certification of documents. Any document, including but not limited by any notice,
which is required to be submitted to the Commission under this consent order shall
be signed by a responsible principal executive officer or a ranking elected official of
the Town or a duly authorized representative of such officer or official, as those
terms are defined in section 22a-430-3(b)(2) of the Regulations of Connecticut State
Agencies and by the individual or individuals responsible for actually preparing such
document, each of whom shall certify in writing as follows: "I have personally 2
examined and am familiar with the information submitted in this document and all
attachments and certify that based on reasonable investigation, including my inquiry
of those individuals responsible for obtaining the information, the submitted
information is true, accurate and complete to the best of my knowledge and belief,
and I understand that any false statement made in this document or its attachments
may be punishable as a criminal offense."
12. Noncompliance. Failure to comply with this consent order may subject the Town
to an injunction and penalties under Chapters 439 and 446k of the Connecticut
General Statutes.
13. False statements. Any false statement in any information submitted pursuant to this
consent order may be punishable as a criminal offense under Section 22a-438 of
the Connecticut General Statutes or, in accordance with Section 22a-6, under
Section 53a-157b of the Connecticut General Statutes.
14. Liability of the Town and others. The Town's obligations under this consent order
shall not be affected by the passage of title to any property to any other person or
municipality.
15. Commissioner's powers. Nothing in this consent order shall affect the
Commissioner's Authority to institute any proceeding to prevent or abate violations
of law, prevent or abate pollution, recover costs and natural resource damages, and
to impose penalties for violations of law, including but not limited to violations of any
permit issued by the Commissioner. If at any time the Commissioner determines
that the actions taken by the Town pursuant to this consent order have not
successfully provided potable drinking water to all persons affected, the
Commissioner may institute any proceeding to require the Town to undertake
further investigation or further action to provide potable drinking water.
16. The Town's obligations under law. Nothing in this consent order shall relieve the
Town of other obligations under.applicable federal, state and, to the extent local law
is consistent with this consent order, local law.
17. No assurance by Commissioner. No provision of this consent order and no action
or inaction by the Commissioner shall be construed to constitute assurance by the
Commissioner that the actions taken by the Town pursuant to this consent order will
successfully provide potable drinking water to all persons affected.
18. No effect on rights of other persons. This consent order shall neither create nor
affect any rights of persons who or municipalities which are not parties to this
consent order.
19. Notice to Commissioner of changes. Within fifteen days of the date the Town
becomes aware of a change in any information submitted to the Commissioner
under this consent order, or that any such information was inaccurate or misleading
or that any relevant information was omitted, the Town shall submit the correct or
omitted information to the Commissioner.
20. Submission of documents to DER Any document required to be submitted to the
Commissioner under this consent order shall, unless otherwise specified in writing
by the Commissioner, be directed to:
Mr. Michael P. Senyk
Department of Environmental Protection
Bureau of Water Management
Permitting, Enforcement and Remediation Division
79 Elm Street
Hartford, Connecticut 06106-5127
21. Submission of documents to DPH. Any document required to be submitted to the
Commissioner of Public Health under this consent order shall, unless otherwise
specified in writing by the Commissioner of Public Health, be directed to:
Mr. Paul Ritsick
Department of Public Health
Water Supplies Section
450 Capitol Ave., MS#51 WAT
P.O. Box 340308
Hartford, Connecticut 06134-0308
DFWT
q
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The Town consents to the issuance of this consent order without further notice. The
undersigned certifies that (he/she) is fully authorized to enter into the consent order and
to legally bind the Town to the terms and conditions of the consent order.
Date Matthew B. Galligan
Town Manager
Issued as a final order of the Commissioner of the Department of Environmental
Protection.
Date Arthur J. Rocque Jr.
Commissioner
CONSENT ORDER NO. SRD-
TOWN OF SOUTH WINDSOR
STATE OF CONNECTICUT p
DEPARTMENT OF ENVIRONMENTAL PROTECTION
TO: Michael Senyk, Environmental Analyst II
DEP/Water Bureau, Potable Water Program. PERD Division
79 Elm Street, Hartford, CT 06106
rRO�L =rank Bartolomeo. Environmental Anaivst III
DEP'Waste Bureau. LUST Program
_9 Elm Street, Hartford. CT 06106
DATE: September
RE: DEP Subsurface Investigation: Barber Hill Road Vicinity, South Windsor,
Connecticut. Solvent Contamination Detected In Residential Potable Wells.
Backaround:
During the spring of 1999, the solvent trichloroethene (TCE) and 1,2, dichloropropane
(commonly found in Vorlex) was detected in several residential potable wells in the Barber Hill
vicinity of South Windsor. Connecticut. Since a source of pollution was not immediately
realized, the DEP's Potable Water Program requested technical assistance from the DEP's
Leaking Underground Storage Tank (LUST) Program to find the source of the solvent pollution.
Surficial and Bedrock Lithologv-
The South Windsor area under investigation is located in the Manchester quadrangle.
The area is mostly overlain by till consisting of a reddish brown nonsorted mixture (sand, clay,
silt, pebbles and cobbles). Depth to bedrock is generally greater than 20 feet. The sedimentary
bedrock is Portland Arkose which dips to the east at approximately 15 degrees. The bedrock r
groundwater flow was assumed to be in a southerly direction under normal conditions.
Sam link Methodology•
The samples collected during the South Windsor investigation were normally analyzed
under the following procedures (see "Standard Operating Procedures" after Appendix B):
1. Groundwater samples from the Geoprobe micro-wells were collected in two (2)
40 milliliter hydrochloric acid preserved voa vials and submitted to the DEP's
mobile laboratory for further analysis.
?. Remaining groundwater collected from Geoprobe micro-wells was field screened
inside the headspace of the collection flask with a Thermo-environmental
(Printed on Recycled Paper)
79 Elm Street • Hartford, CT 06106-5127
http://dep-state.ct-us
An Equal Opportunity Employer
Photoionization Detector(PID) for volatiles. This reading was given to the
mobile lab personnel.
3. The sample at the mobile lab was initially analyzed with a Photovac 1 OS50 gas
chromatograph because of it's higher sensitivity to volatiles. If any peaks were
detected, further quantification was done with the Viking Mass Spectrometer.
DEP Investigation: Chronology
Barber Hill Road& Miller Road
March 9, 1999:
Personnel from the DEP's LUST Program arrived at the intersection of Barber Hill and
Miller Roads in South Windsor to commence the subsurface investigation. The DEP's Geoprobe
units and mobile laboratory were on-site to collect and analyze subsurface samples,respectively.
Because the highest TCE levels were detected in the Farris residence potable well at 91 ppb(near
the intersection of Barber Hill and Miller Roads),the Geoprobe units worked independently
along each road to install temporary micro-monitoring wells. This strategy was used to
determine if the source of solvent pollution was localized(see site sketch for boring locations).
See Appendix A for complete sample locations and corresponding lab#. See Appendix B for
PID field screening data. The following data table represents field observations during well
installation and analytical results of collected groundwater samples(sample results listed in ppb):
Well# Screen Interval Smple TCE Leve Comments
GP-1 9.7- 14.7' GW ND %Z"micro-well
GP-2 5.0- 10.0' NA 3/4" micro-well
GP-3 3.8 - 8.8' GW ND %Z"micro-well
GP-4 5.5 - 10.5' GW ND 3/4" micro-well
GP-5 3.0- 8.0' GW ND %"micro-well
GP-6 6.0-.11.0' GW ND 3/4" micro-well
GP-7 5.2- 10.2' GW ND %2"micro-well
GP-8 5.5 - 10.5' GW ND 3/4" micro-well
GP-9 5.0 - 10.0' GW ND %"micro-well
GP-10 2.0 -7.0' GW ND 3/4" micro-well
GP-11 5.7 - 10.7' GW ND %"micro-well
GP-12 3.0 - 8.0' GW ND 3/4" micro-well
GP-14 4.5 -9.5' GW ND 3/4" micro-well
GP-16 4.0-9.0' GW ND 3/4"micro-well
GP-18 4.0 - 9.0' GW NA 3/4" micro-well
In addition to the above groundwater samples, two surface soil samples were collected at
the Davis residence(#504 Miller Road)where three drums were discovered. While two drums
were manifolded together with piping and a spigot, the other empty drum was labeled Vorlex.
Laboratory analyses of these soils indicated no detectable levels of TCE. GP-7, GP-9, and GP-
11 were drilled in assumed downgradient locations of these three drums on the Rodonis property
(#496 Miller Road).
Miller Road &Foster Street
March 10, 1999:
Although analytical results could not be located for the groundwater sample collected at
GP-18, additional groundwater samples were collected at greater depths adjacent to GP-18. The
following data table represents our field and analytical observations(results in ppb):
Well# Screen Interval Sg=le TCE Level Comments
GP-18a 17.5 - 18.0' GW 4 no well; exp. pt
GP-18b 12.0 - 13.0' GW 2 '/2"micro-well
The DEP then focused on the residence at#1042 Foster Street because of possible
solvent use here in the past(see site sketch). The following data table represents our field and
analytical observations (results in ppb):
Well# Screen Interval Sample TCE Level Comments
GP-13 8.0 - 13.0' GW ND in former septic area
GP-15 10.0 - 15.0' GW ND at rear of barn
GP-17 8.0- 13.0' GW ND at rear of barn
DEP personnel attempted to collect a groundwater sample at the rear of#20 Barber Hill
Road,however,no groundwater was observed in the temporary micro-well.
An unidentified 55-gallon drum was discovered in an adjacent stream/pond area;
sediment was collected from under the drum and an ND result was recorded for TCE. Sediment
was also collected from two storm drains along Miller Road; no WE was detected in either
location. In addition,two potable well samples were collected from#244 and#204 Barber Hill
Road. WE was detected at 117 ppb and 124 ppb,respectively.
Wen Farm: #244 Barber Hill Road
March 29, 1999:
Due to the elevated TCE level detected in the Dzen Farm potable well (117 ppb), and the
commercial operations on-site, DEP staff performs a limited investigation to determine
subsurface groundwater quality. The following data table represents our field and analytical
observations (results in ppb):
Well # Screen Interval Sg=le TCE Level Comments
GP-1 13.0 - 18.0' GW 10 soils 04: TCE=ND
GP-2 9.5 - 14.5' GW ND MTBE=42 ppb
GP-3 5.0- 10.0' GW ND septic leach field area
GP-4 8.0 - 13.0' GW ND soils 04: TCE=ND
GP-5 8.2 - 13.2' NA NA no GW in micro-well
GP-6 8.5 - 13.5' NA NA PID=50 units on GW
Additional samples were collected from the on-site septic tank, floor drains, and parts
cleaner. The following data table represents the significant analytical results from these locations
(see results for additional contaminants not listed):
Location Component and Concentration
Septic Tank TCE= 13 ppb; Toluene=6,514 ppb; P-Isopropyltoluene= 1,866 ppb
Floor Drain East P-Isopropyltoluene=35,739 ppb(no other components detected)
Floor Drain West P-Isopropyltoluene=95,907 ppb(no other components detected)
Parts Cleaner sludge PCE=39,700,363 ppb; xylenes=22,496 ppb
Floor Drain West TCE=50 ppb;PCE=66 ppb;xylenes=20,389 ppb; P-Isopropyltoluene
Sludge =56,366 ppb; 1,3,5-Trimethylbenzene=32,726 ppb...
Dzen Farm: #244 Barber Hill Road
March 30, 1999:
DEP staff on-site to gauge groundwater elevations from previously installed micro-wells
(3-29-99), collect groundwater samples from GP-5 and GP-6, and tape dimensions for site map.
While GP-5 remained dry, groundwater was collected at GP-6 for lab analyses; TCE= 13 ppb.
Dzen Farm: #244 Barber Hill Road
April 7, 1999:
DEP staff returns to site to enhance subsurface investigation by installing additional
micro-wells and collecting groundwater samples. The following data table represents our field
and analytical observations(results in ppb):
Well # Screen Interval Sample TCE Level Comments
GP-7 9.0 - 19.0' GW ND 3/4" micro-well
GP-8 4.0 - 14.0' GW ND %2"micro-well
GP-9 10.0 - 15.0' GW ND %2"micro-well
GP-10 5.0- 10.0' GW ND %2"micro-well
GP-11 2.9 - 7.9' GW ND %2"micro-well
GP-12 2.0- 7.0' GW ND '/2"micro-well
GP-13 0.5 - 5.5' GW ND %2"micro-well
Dzen Farm: barn southwest of#244 Barber Hill Road
April 7, 1999:
Well# Screen Interval Sample TCE Level Comments
GP-14 18.6 -23.6' GW ND 3/4" micro-well
GP-15 12.4- 17.4' GW ND 3/4" micro-well
GP-16 13.5 - 18.5' NA NA well was"dry"
Dzen Farm: ramp to potato barn (#244 Barber Hill Rd.)
April 7, 1999:
Well Screen Interval Sample TCE Level Comments
GP-17 17.5 -22.5' GW ND 3/4" micro-well
DEP staff collects a water sample from a stream to the west of the Dzen barn; analytical
results for TCE=ND.
Mike Dzen Property: #204 Barber Hill Road
April 8, 1999:
DEP staff returns to the Barber Hill Road area to continue the TCE investigation. An air
sample was collected from GP-15 and analyzed; TCE=ND. Additional micro-wells are installed
so that groundwater/air samples can be collected. Surface water bodies(ponds)are sampled to
determine solvent impact. The following data table represents our field and analytical
observations(results in ppb):
Well# Screen Interval S=le TCE Level Comments
GP-18 14.5 - 19.5' GW ND near septic
GP-19 13.8 - 18.8' soil gas ND well was"dry"
Surficial Water Body: Southwest of Dzen Farm
April 8, 1999:
Well# Screen Interval Sample TCE Level Comments
GP-20 3.2 - 8.2' GW ND shallow well
GP-20a 16.0 - 17.0' GW ND expendable tip
DEP staff collects samples from"pond south water", "pond north water", "pond water",
"swamp-1 water", and"pond 2 water"; TCE was not detected in any of these samples.
DEP staff returns to Dzen Farm(#244 Barber Hill Road) to collect groundwater samples
for analyses from the State of Connecticut Department of Health Services. Groundwater was
collected from GP-I, GP-2, GP-3, GP-4, GP-5, GP-7, GP-8, GP-9, GP-10, and GP-11. The
following data table represents TCE levels detected in the groundwater samples (see results as
additional contaminants may be present):
Well# TCE Level Well # TCE Level
GP-1 11 ppb GP-7 ND
GP-2 ND GP-8 ND
GP-3 ND GP-9 <0.5 ppb
GP-4 1.1 ppb GP-10 ND
GP-5 8.9 ppb GP-11 <0.5 ppb
Northeast Utilities (NU) Substation: Barber Hill Road
April 21, 1999:
DEP staff meet on-site with town and NU representatives regarding continued subsurface
investigation activities at the NU Substation. This substation has existed for over 50 years
servicing north central Connecticut. This facility represents a potential source area for the
residential well pollution since NU has acknowledged the historic use of TCE for parts cleaning.
NU personnel declared, however, that no significant quantity of TCE was ever used to perform
routine maintenance. Safety issues were also discussed as significant volts exist on-site.
NU Substation: Barber Hill Road
April 29, 1999:
DEP staff(with Geoprobe &mobile laboratory)meet on-site to perform limited
subsurface assessment at NU facility. The following data table represents our field and analytical
observations. See attached results as additional contaminants may be present(results in ppb):
Well# Screen Interval Sample TCE Level Comments
UP-1 13.5 - 18.5' GW ND PCE= 1 ppb
GP-2 7.0 - 12.0' NA NA 3/4" micro-well
GP-3 3.0 - 13.0' GW ND PCE=3 ppb
GP-4 3.2 - 13.2' NA NA 3/4" micro-well
GP-5 4.5 - 14.5' GW ND MTBE=4 ppb; PCE
=2 ppb
GP-6 1.0 - 11.0' GW ND PCE=7 ppb
GP-7 3.5 - 13.5' GW ND PCE=6 ppb
NU Substation: Barber Hill Road
May 18, 1999:
DEP staff returns to facility to continue subsurface investigation. The following data
table represents our field and analytical observations. See results from mobile laboratory and the
Department of Health Services as additional contaminants may be present(results in ppb):
Well # Screen Interval Sample TCE Level Comments
GP-8 4.0- 9.0' GW ND PCE<0.5 ppb,
GP-9 3.5 - 8.5' GW ND
GP-10 3.5 - 8.5' GW ND
GP-11 4.0- 9.0' GW ND
GP-12 3.5 - 8.5' GW ND
GP-13d 10.3 - 15.3' GW ND
GP-13s 3.0 - 8.0' GW ND
DEP staff collects additional samples from previously installed micro-wells for analyses.
See results as additional contaminants may be present(results in ppb):
Well# Screen Interval Sample WE Level Comments
GP-2 see above GW <0.5 PCE=0.6 ppb
GP-3 see above GW <0.5 PCE=3.2 ppb
GP-4 see above GW ND PCE<0.5 ppb
GP-6 see above GW <0.5 PCE=0.9 ppb
GP-7 see above GW ND PCE=3.8 ppb
Straugh Barn: west from#244 Barber Hill Road
June 1, 1999:
DEP staffreturns to the former pesticide storage barn west of Dzen Farm at#244 Barber
Hill Road. Additional borings/micro-wells were installed to collect subsurface data. It should be
noted that two boring/micro-well locations were identified by numbers previously used during
this investigation(GP-18 & GP-19). Since samples were collected and analyzed by these
numbers, they will not be changed. The following data table represents our field and analytical
observations. See results as additional contaminants may be present(results in ppb):
Soil cores were collected at GP-18 (just west of loading dock) from 0-8'below grade; a
sample was collected at 8'with no solvents detected. A micro-well was installed at an adjacent
boring (GP-18a). Soil cores were collected at GP-20 from 0-12'below grade; soil samples were
collected at 6'and 12'with no solvents detected at either depth. No micro-well was installed at
this location. Soil cores were also collected at GP-21 from 0-7.5'below grade; soil samples were
collected at 4'and 7.5' with no solvents detected at either depth. No micro-well was installed at
this location.
Well # Screen Interval Sa=le TCE Level Comments
GP-18 15.0 -20.0' Soil ND no PCE detected
GP-18a 22.0 -27.0' GW ND no PCE detected
GP-19 22.5 -27.5' GW ND no PCE detected
Four aqueous samples were collected from an on-site potable well at various periods of
purging; all results were non-detect per EPA 624 method.
Conclusions/Recommendations
Analytical results from samples collected during the DEP's subsurface investigation
indicate a few areas of concern.
Intersection of Miller& Barber Hill Roads:
Low levels of TCE were detected in the overburden groundwater at GP18a and GP-18b
near the intersection of Miller and Barber Hill Roads (see March 10, 1999). The higher level of
WE contamination(4 ppb)was found in the deeper well, GP-18a. It was believed that this
contamination could be discharging from the bedrock aquifer into the shallow aquifer. At this
property,the untreated well water had levels around 85 ppb TCE which could have also served as
a source for the contamination found in these two micro-wells. Although these levels (4 ppb and
2 ppb,respectively) are beneath the WE action level of 5 ppb for a GA/GAA groundwater
classification, it's presence may require additional sampling and/or further investigation.
Dzen Farms:
TCE levels were detected at higher concentrations at the Dzen Farm located at#244
Barber Hill Road(see March 29, 1999). While sample results from GP-1 indicate TCE at 10 ppb
on the groundwater, GP-6 possessed a TCE concentration of 13 ppb (both exceed the 5 ppb
action level). TCE was also detected at 50 ppb in the washwater and"sludge"collected in the
west floor drain and dt 13 ppb from the septic tank. Please note that other contaminants were
found in samples collected at the Dzen Farm(see results).
. Throughout the course of the DEP investigation, the highest levels of TCE contamination
detected in the overburden groundwater was at the Dzen Farm. In addition, the potable well
water sample collected from#244 Barber Hill Road had a WE level at 117 ppb. It can be
argued that the TCE contamination detected on the overburden groundwater table at GP-1 and
GP-6 (located near garage ramp at 10 ppb and 13 ppb, respectively) could be attributed to the
TCE contamination in the potable well. As the well water was used to maintain/clean vehicles,
the runoff could have infiltrated the ground surface and migrated vertically to the groundwater
table.
N.U. Substation:
Low levels of TCE and PCE(Perchlorethylene)solvent contamination in the shallow
aquifer were observed in groundwater samples collected at the N.U. Substation indicating the
possibility of being near a historic source area(see May 18, 1999). Although all levels detected
were beneath the action levels for both contaminants,it's mere presence signifies past usage.
The size of the PCE and TCE plume was found to be over 120'long and still not fully delineated,
indicating a large source discharge that needs further vertical and horizontal delineation.
Because of the size of this facility,a limited subsurface investigation was performed. There was
evidence found that the N.U. Substation is a recharge area with diverging shallow groundwater
flow. Since the N.U. Substation does not have a potable well which could transport pollutants to
the surface,any contaminants encountered may be attributed to the acknowledged historic uses
of the solvents.on-site.
In view of the DEP's findings, it is recommended that Northeast Utilities conduct a
subsurface investigation at the Northeast Utilities Substation located on Barber Hill Road in
South Windsor. The investigation should be coordinated with Michael Senyk of the DEP's
Potable Water Program(860-424-3782).
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MARCH 29-JUNE 1, 1999
BARBER HILL ROAD VICINITY $ g
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SOUTH WINDSOR,CT 1.50Ac. °'
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sxa.II' e54.e2'
STATE OF CONNECTICUT
DEPARTMENT OF ENVIRONMENTAL PROTECTION
a
STATE OF CONNECTICUT
VS.
TOWN OF SOUTH WINDSOR
CONSENT ORDER
The Commissioner of Environmental Protection has determined that the Town of
South Windsor("the Town") is a municipality in which pollution of the groundwaters has
occurred or can reasonably be expected to occur; the Commissioner of Public Health has
determined that the pollution creates or can reasonably be expected to create an
unacceptable risk of injury to the health or safety of persons using'such groundwaters as
a public or private source of water for drinking or other personal or domestic uses; and the
Commissioner of Environmental Protection has been unable to determine the person or
municipality responsible for such pollution. Therefore, pursuant to Sections 22a-6, 22a-424
and 22a-471 of the Connecticut General Statutes, the Commissioner of Environmental
Protection ("the Commissioner") hereby consent orders the Town to take the following
actions:
1. Describe in detail the area and population affected by the pollution of groundwater
on and in the vicinity of the intersection of Barber Hill and Miller Roads in the Town
of South Windsor and determine which areas presently or potentially may not meet
the State of Connecticut Department of Public Health requirements for potable
drinking water.
2. Describe long-term potable drinking water supply alternatives, associated costs and
design criteria for each alternative.
3. Provide a short-term and long-term potable drinking water supply which meets the
standards for drinking water established by the Commissioner of Public Health to
the following properties and the areas as described under paragraph 1 above.
NAME ADDRESS
Mr. Brian Rivard 1042 Foster Street Ext.
Mr. Michael Lanata 460 Miller Road
Mr. Wayne Martel 461 Miller Road
Ms. Paulette Farris 471 Miller Road
Mr. Raymond Shearer 480 Miller Road
Mr. Fred Schilke 488 Miller Road
(Printed on Recycled Paper)
79 Elm Street • Hartford, CT 06106-5127
http://dep.state.ct.us
An Equal Opportunity Employer
2
Mr. Edward Rodonis 496 Miller Road
Mr. Richard Cyr 501 Miller Road
Mr. Robert Kuehnal 10 Barber Hill Road
Mr. Bradford Case 20 Barber Hill Road
Mr. Thomas Dillion 34 Barber Hill Road
Mr. Michael Pines 42 Barber Hill Road
Mr. Walter Twardowski 76 Barber Hill Road
Mr. Michael Dzen 204 Barber Hill Road
Mr. Donald Dzen 244 Barber Hill Road
4. The Town is further ordered to accomplish the above described actions, except as
may be revised by the recommendations of a detailed engineering investigation and
agreed to in writing by the Commissioner and the Commissioner of Public Health,
in accordance with the following schedule:
A. On or before thirty (30) days following the date of issuance of this consent
order, the Town shall retain one or more qualified consultants acceptable to
the Commissioner or demonstrate to the satisfaction of the Commissioner
that the Town has adequate in-house expertise to prepare the documents
and oversee the actions required by this consent order and shall, by that
date, notify the Commissioner in writing of the identity of such consultants or
in-house expert. The Town shall retain one or more qualified consultants
acceptable to the Commissioner or maintain such in-house expertise, until
this consent order is fully complied with, and, within ten days after retaining
any such consultant or in-house expert other than one originally identified
under this paragraph, the Town shall notify the Commissioner in writing of
the identity of such other consultant or in-house expert. The Town shall
submit to the Commissioner a description of a consultant's or in-house
expert's education, experience and training which is relevant to the work
required by this consent order within ten days after a request for such a
description. Nothing in this paragraph shall preclude the Commissioner from
finding a previously acceptable consultant or in-house expert unacceptable.
B. On or before sixty (60) days after issuance of this consent order, the Town
shall submit for the review and written approval of the Commissioner, a
scope of work, schedule and proposed engineering agreement for the
investigation and study required by paragraphs 1 and 2 and a plan and
schedule for the provision of a short-term supply of potable drinking water to
the properties identified in paragraph 3 until a long-term supply of potable
drinking water has been provided.
C. On or before 14 days after the approval of the report required by paragraph
23, the Town shall submit for the review and written approval of the
3
Commissioner a Request for State Grant in accordance with Section 22a-
471-1 of the Regulations of Connecticut State Agencies ("RCSA") for the
short-term and long term provision of potable drinking water and the
investigation and study required by paragraphs 1 and 2 which includes the
Resolution required by Section 22a-471-1(d)(1)(C).
D. On or before 30 days after approval by the Commissioner of the scope of
work required by paragraph 4.13, the Town shall submit for the review and
written approval of the Commissioner and the Commissioner of Public
Health, an engineering report which describes the problems, area and
population affected by the groundwater pollution, alternate solutions
including cost of construction or installation, operation and maintenance,
design criteria on all alternatives, and a recommended alternative for water
supply facilities. The report shall also contain a schedule for construction of
the approved water supply alternative and for the submission of the following
items to the Commissioner:
1) Contract plans and specifications for the water supply alternative
approved by the Commissioner under this paragraph.
2) Verification that a contract for the installation and construction of the
facilities approved by the Commissioner has been awarded.
3) Verification that said approved facilities have been placed in
operation.
E. On or before 14 days after the Commissioner's approval of the engineering
report required by paragraph 4.D, the Town shall submit for the review and
written approval of the Commissioner a Request for State Grant in
accordance with RCSA Section 22a-471-1 for capital improvements for the
long-term provision of potable water, which includes the Resolution required
by RCSA Section 22a-471-1(d)(1)(C).
F. The Town shall carry out the actions specified in the approved engineering
report in accordance with the approved schedule.
5. Standard for potable drinking water. All potable drinking water which is provided
pursuant to this consent order shall be of a quality which meets all standards
specified in the Regulations of Connecticut State Agencies, including sections 19-
13-B101 and 19-13-13102, as amended and which the Commissioner of Public
Health has not determined creates an unacceptable risk of injury to the health or
safety of persons using such water as a public or private source of water for drinking
or other personal and domestic uses.
4
6. Full compliance. The Town shall not be considered in full compliance with this
consent order until all actions required by this consent order have been completed
as approved and to the satisfaction of the Commissioner.
7. Approvals. The Town shall use best efforts to submit to the Commissioner all
documents required by this consent order in a complete and approvable form. If the
Commissioner notifies the Town that any document or other action is deficient, and
does not approve it with conditions or modifications, it is deemed disapproved, and
the Town shall correct the deficiencies and resubmit it within the time specified by
the Commissioner or, if no time is specified by the Commissioner, within thirty days
of the Commissioner's notice of deficiencies. In approving any document or other
action under this consent order, the Commissioner may approve the document or
other action as submitted or performed or with such conditions or modifications as
the Commissioner deems necessary to cant'out the purposes of this consent order.
Nothing in this paragraph shall excuse noncompliance or delay.
8. Definitions. As used in this consent order, "Commissioner" means the
Commissioner or an agent of the Commissioner.
9. Dates. The date of submission to the Commissioner of any document required by
the consent order shall be the date such document is received by the
Commissioner. The date of any notice by the Commissioner under this consent
order, including but not limited to notice of approval or disapproval of any document
or other action, shall be the date such notice is personally delivered or the date
three days after it is mailed by the Commissioner, whichever is earlier. Except as
otherwise specified in this consent order, the word "day" as used in this consent
order means calendar day. Any document or action which is required by this
consent order to be submitted or performed by a date which falls on a Saturday,
Sunday or Connecticut or federal holiday shall be submitted or performed on or
before the next day which is not a Saturday, Sunday, or Connecticut or federal
holiday.
10. Notification of noncompliance. In the event that the Town becomes aware that it did
not or may not comply, or did not or may not comply on time, with any requirement
of this consent order or of any document required hereunder, the Town shall
immediately notify the Commissioner and shall take all the reasonable steps to
ensure that any noncompliance or delay is avoided or, if unavoidable, is minimized
to the greatest extent possible. In so notifying the Commissioner, the Town shall
state in writing the reasons for the noncompliance or delay and propose, for the
review and written approval of the Commissioner, dates by which compliance will
be achieved, and the Town shall comply with any dates which may be approved in
writing by the commissioner. Notification by the Town shall not excuse
noncompliance or delay, and the Commissioner's approval of any compliance dates
I '
5
proposed shall not excuse noncompliance or delay unless specifically so stated by
the Commissioner in writing.
11. Certification of documents. Any document, including but not limited by any notice,
which is required to be submitted to the Commission under this consent order shall
be signed by a responsible principal executive officer or a ranking elected official of
the Town or a duly authorized representative of such officer or official, as those
terms are defined in section 22a-430-3(b)(2) of the Regulations of Connecticut State
Agencies and by the individual or individuals responsible for actually preparing such
document, each of whom shall certify in writing as follows: "I have;personally
examined and am familiar with the information submitted in this document and all
attachments and certify that based on reasonable investigation, including my inquiry
of those individuals responsible for obtaining the information, the submitted
information is true, accurate and complete to the best of my knowledge and belief,
and I understand that any false statement made in this document or its attachments
may be punishable as a criminal offense."
12. Noncompliance. Failure to comply with this consent order may subject the Town
to an injunction and penalties under Chapters 439 and 446k of the Connecticut
General Statutes.
13. False statements. Any false statement in any information submitted pursuant to this
consent order may be punishable as a criminal offense under Section 22a-438 of
the Connecticut General Statutes or, in accordance with Section 22a-6, under
Section 53a-157b of the Connecticut General Statutes.
14. Liability of the Town and others. The Town's obligations under this consent order
shall not be affected by the passage of title to any property to any other person or
municipality.
15. Commissioner's powers.. Nothing in this consent order shall affect the
Commissioner's Authority to institute any proceeding to prevent or abate violations
of law, prevent or abate pollution, recover costs and natural resource damages, and
to impose penalties for violations of law, including but not limited to violations of any
permit issued by the Commissioner. If at any time the Commissioner determines
that the actions taken by the Town pursuant to this consent order have not
successfully provided potable drinking water to all persons affected, the
Commissioner may institute any proceeding to require the Town to undertake
further investigation or further action to provide potable drinking water.
16. The Town's obligations under law. Nothing in this consent order shall relieve the
Town of other obligations under applicable federal, state and, to the extent local law
is consistent with this consent order, local law.
17. No assurance by Commissioner. No provision of this consent order and no action
or inaction by the Commissioner shall be construed to constitute assurance by the
Commissioner that the actions taken by the Town pursuant to this consent order will
successfully provide potable drinking water to all persons affected.
18. No effect on rights of other persons. This consent order shall neither create nor
affect any rights of persons who or municipalities which are not parties to this
consent order.
19. Notice to Commissioner of changes. Within fifteen days of the date the Town
becomes aware of a change in any information submitted to the Commissioner
under this consent order, or that any such information was inaccurate or misleading
or that any relevant information was omitted, the Town shall submit the correct or
omitted information to the Commissioner.
20. Submission of documents to DER Any document required to be submitted to the
Commissioner under this consent order shall, unless otherwise specified in writing
by the Commissioner, be directed to:
Mr. Michael P. Senyk
Department of Environmental Protection
Bureau of Water Management
Permitting, Enforcement and Remediation Division
79 Elm Street
Hartford, Connecticut 06106-5127
21. Submission of documents to DPH. Any document required to be submitted to the
Commissioner of Public Health under this consent order shall, unless otherwise
specified in writing by the Commissioner of Public Health, be directed to:
Mr. Paul Ritsick
Department of'Public Health
Water Supplies Section
450 Capitol Ave., MS#51 WAT
P.O. Box 340308
Hartford, Connecticut 06134-0308
AFT
-DR
The Town consents to the issuance of this consent order without further notice. The
undersigned certifies that (he/she) is fully authorized to enter into the consent order and
to legally bind the Town to the terms and conditions of the consent order.
Date Matthew B. Galligan
Town Manager
Issued as a final order of the Commissioner of the Department of Environmental
Protection.
Date Arthur J. Rocque Jr.
Commissioner
CONSENT ORDER NO. SRD-
TOWN OF SOUTH WINDSOR
i
t
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e 7/6
7,7
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p
I
STATE OF CONNECTICUT
DEPARTMENT OF ENVIRONMENTAL PROTECTION
November 17, 1999
Robert Deptula,Sanitarian
Town of South Windsor
1540 Sullivan Avenue
South Windsor, CT 06074-2786
RE: Consent Order
Dear Mr. Deptula:
Enclosed please find a draft cony of the consent order addressing the water supply issues in the
Barber Hill Road area of South Windsor. Please review and comment by November 29, 1999.
If you have any questions,please call me tit(860)-424-3782.
Sincerely,
Michael P. Senyk
Environmental Analyst
Permitting,Enforcement and Remediation Division
Sp �
i`'�t✓N�
(printed on Recycled Paper)
79 Elm Street • Hartford, CT 06106.5127
http:l/dep.atate.ct.ua
An Equal Opportunity Employer
STATE OF CONNECTICUT
DEPARTMENT OF ENVIRONMENTAL PROTECTION
n
November 17, 1999
Robert Deptula, Sanitarian
Town of South Windsor
1540 Sullivan Avenue
South Windsor, CT 06074-2786
RE: Consent Order
Dear Mr. Deptula:
Enclosed please find a draft copy of the consent order addressing the water supply issues in the
Barber Hill Road area of South Windsor. Please review and comment by November 29, 1999.
If you have any questions,please call me at(860)-424-3782.
Sincerely,
Michael P. Senyk
Environmental Analyst
Permitting, Enforcement and Remediation Division
(Printed on Recycled Paper)
79 Elm Street • Hartford, CT 06106-5127
http://dep.state.ct.us
An Equal Opportunity Employer
STATE OF CONNECTICUT
DEPARTMENT OF ENVIRONMENTAL PROTECTION
►s.wrw
M
STATE OF CONNECTICUT
vs.
M_ .- .
TOWN OF SOUTH WINDSOR
CONSENT ORDER
The Commissioner of Environmental Protection has determined that the Town of
South Windsor ("the Town") is a municipality in which pollution of the groundwaters has
occurred or can reasonably be expected to occur; the Commissioner of Public Health has
determined that the pollution creates or can reasonably be expected to create an
unacceptable risk of injury to the health or safety of persons using such groundwaters as
a public or private source of water for drinking or other personal or domestic uses; and the
Commissioner of Environmental Protection has been unable to determine the person or
municipality responsible for such pollution. Therefore, pursuant to Sections 22a-6, 22a-424
and 22a-471 of the Connecticut General Statutes, the Commissioner of Environmental
Protection ("the Commissioner") hereby consent orders the Town to take the following
actions:
1. Describe in detail the area and population affected by the pollution of groundwater
on and in the vicinity of the intersection of Barber Hill and Miller Roads in the Town
of South Windsor and determine which areas presently or potentially may not meet
the State of Connecticut Department of Public Health requirements for potable
drinking water.
2. Describe long-term potable drinking water supply alternatives, associated costs and
design criteria for each alternative.
3. Provide a short-term and long-term potable drinking water supply which meets the
standards for drinking water established by the Commissioner of Public Health to
the following properties and the areas as described under paragraph 1 above.
NAME ADDRESS
Mr. Brian Rivard 1042 Foster Street Ext.
Mr. Michael Lanata 460 Miller Road
Mr. Wayne Martel 461 Miler Road
Ms. Paulette Farris 471 Miller Road
Mr. Raymond Shearer 480 Miller Road
Mr. Fred Schilke 488 Miller Road
(Printed on Recycled Paper)
79 Elm Street 0 Hartford, CT 06106-5127
http://dep.state.ct.us
An Equal Opportunity Employer
2
Mr. Edward Rodonis 496 Miller Road
Mr. Richard Cyr 501 Miller Road
Mr. Robert Kuehnal 10 Barber Hill Road
Mr. Bradford Case 20 Barber Hill Road
Mr. Thomas Dillion 34 Barber Hill Road
Mr. Michael Pines 42 Barber Hill Road
Mr. Walter Twardowski 76 Barber Hill Road
Mr. Michael Dzen 204 Barber Hill Road
Mr. Donald Dzen 244 Barber Hill Road
4. The Town is further ordered to accomplish the above described actions, except as
may be revised by the recommendations of a detailed engineering investigation and
agreed to in writing by the Commissioner and the Commissioner of Public Health,
in accordance with the following schedule:
A. On or before thirty (30) days following the date of issuance of this consent
order, the Town shall retain one or more qualified consultants acceptable to
the Commissioner or demonstrate to the satisfaction of the Commissioner
that the Town has adequate in-house expertise to prepare the documents
and oversee the actions required by this consent order and shall, by that
date, notify the Commissioner in writing of the identity of such consultants or
in-house expert. The Town shall retain one or more qualified consultants
acceptable to the Commissioner or maintain such in-house expertise, until
this consent order is fully complied with, and, within ten days after retaining
any such consultant or in-house expert other than one originally identified
under this paragraph, the Town shall notify the Commissioner in writing of
the identity of such other consultant or in-house expert. The Town shall
submit to the Commissioner a description of a consultant's or in-house
expert's education, experience and training which is relevant to the work
required by this consent order within ten days after a request for such a
description. Nothing in this paragraph shall preclude the Commissioner from
finding a previously acceptable consultant or in-house expert unacceptable.
B. On or before sixty (60) days after issuance of this consent order, the Town
shall submit for the review and written approval of the Commissioner, a
scope of work, schedule and proposed engineering agreement for the
investigation and study required by paragraphs 1 and 2 and a plan and
schedule for the provision of a short-term supply of potable drinking water to
the properties identified in paragraph 3 until a long-term supply of potable
drinking water has been provided.
C. On or before 14 days after the approval of the report required by paragraph
2.B, the Town shall submit for the review and written approval of the
D -A,F,
Commissioner a Request for State Grant in accordance with Section 22a-
471-1 of the Regulations of Connecticut State Agencies ("RCSA") for the
short-term and long term provision of potable drinking water and the
investigation and study required by paragraphs 1 and 2 which includes the
Resolution required by Section 22a-471-1(d)(1)(C).
D. On or before 30 days after approval by the Commissioner of the scope of
work required by paragraph 4.13, the Town shall submit for the review and
written approval of the Commissioner and the Commissioner of Public
Health, an engineering report which describes the problems, area and
population affected by the groundwater pollution, alternate solutions
including cost of construction or installation, operation and maintenance,
design criteria on all alternatives, and a recommended alternative for water
supply facilities. The report shall also contain a schedule for construction of
the approved water supply alternative and for the submission of the following
items to the Commissioner:
1) Contract plans and specifications for the water supply alternative
approved by the Commissioner under this paragraph.
2) Verification that a contract for the installation and construction of the
facilities approved by the Commissioner has been awarded.
3) Verification that said approved facilities have been placed in
operation.
E. On or before 14 days after the Commissioner's approval of the engineering
report required by paragraph 4.D, the Town shall submit for the review and
written approval of the Commissioner a Request for State Grant in
accordance with RCSA Section 22a-471-1 for capital improvements for the
long-term provision of potable water, which includes the Resolution required
by RCSA Section 22a-471-1(d)(1)(C).
F. The Town shall carry out the actions specified in the approved engineering
report in accordance with the approved schedule.
5. Standard for potable drinking water. All potable drinking water which is provided
pursuant to this consent order shall be of a quality which meets all standards
specified in the Regulations of Connecticut State Agencies, including sections 19-
13-B101 and 19-13-13102, as amended and which the Commissioner of Public
Health has not determined creates an unacceptable risk of injury to the health or
safety of persons using such water as a public or private source of water for drinking
or other personal and domestic uses.
4
6. Full compliance. The Town shall not be considered in full compliance with this
consent order until all actions required by this consent order have been completed
as approved and to the satisfaction of the Commissioner.
7. Approvals. The Town shall use best efforts to submit to the Commissioner all
documents required by this consent order in a complete and approvable form. If the
Commissioner notifies the Town that any document or other action is deficient, and
does not approve it with conditions or modifications, it is deemed disapproved, and
the Town shall correct the deficiencies and resubmit it within the time specified by
the Commissioner or, if no time is specified by the Commissioner, within thirty days
of the Commissioner's notice of deficiencies. In approving any document or other
action under this consent order, the Commissioner may approve the document or
other action as submitted or performed or with such conditions or modifications as
the Commissioner deems necessary to carry out the purposes of this consent order.
Nothing in this paragraph shall excuse noncompliance or delay.
8. Definitions. As used in this consent order, "Commissioner" means the
Commissioner or an agent of the Commissioner.
9. Dates. The date of submission to the Commissioner of any document required by
the consent order shall be the date such document is received by the
Commissioner. The date of any notice by the Commissioner under this consent
order, including but not limited to notice of approval or disapproval of any document
or other action, shall be the date such notice is personally delivered or the date
three days after it is mailed by the Commissioner, whichever is earlier. Except as
otherwise specified in this consent order, the word "day" as used in this consent
order means calendar day. Any document or action which is required by this
consent order to be submitted or performed by a date which falls on a Saturday,
Sunday or Connecticut or federal holiday shall be submitted or performed on or
before the next day which is not a Saturday, Sunday, or Connecticut or federal
holiday.
10. Notification of noncompliance. In the event that the Town becomes aware that it did
not or may not comply, or did not or may not comply on time, with any requirement
of this consent order or of any document required hereunder, the Town shall
immediately notify the Commissioner and shall take all the reasonable steps to
ensure that any noncompliance or delay is avoided or, if unavoidable, is minimized
to the greatest extent possible. In so notifying the Commissioner, the Town shall
state in writing the reasons for the noncompliance or delay and propose, for the
review and written approval of the Commissioner, dates by which compliance will
be achieved, and the Town shall comply with any dates which may be approved in
writing by the commissioner. Notification by the Town shall not excuse
noncompliance or delay, and the Commissioner's approval of any compliance dates
5
proposed shall not excuse noncompliance or delay unless specifically so stated by
the Commissioner in writing.
11. Certification of documents. Any document, including but not limited by any notice,
which is required to be submitted to the Commission under this consent order shall
be signed by a responsible principal executive officer or a ranking elected official of
the Town or a duly authorized representative of such officer or official, as those
terms are defined in section 22a-430-3(b)(2) of the Regulations of Connecticut State
Agencies and by the individual or individuals responsible for actually preparing such
document, each of whom shall certify in writing as follows: "I have personally
examined and am familiar with the information submitted in this document and all
attachments and certify that based on reasonable investigation, including my inquiry
of those individuals responsible for obtaining the information, the submitted
information is true, accurate and complete to the best of my knowledge and belief,
and I understand that any false statement made in this document or its attachments
may be punishable as a criminal offense."
12. Noncompliance. Failure to comply with this consent order may subject the Town
to an injunction and penalties under Chapters 439 and 446k of the Connecticut
General Statutes.
13. False statements. Any false statement in any information submitted pursuant to this
consent order may be punishable as a criminal offense under Section 22a-438 of
the Connecticut General Statutes or, in accordance with Section 22a-6, under
Section 53a-157b of the Connecticut General Statutes.
14. Liability of the Town and others. The Town's obligations under this consent order
shall not be affected by the passage of title to any property to any other person or
municipality.
15. Commissioner's powers. Nothing in this consent order shall affect the
Commissioner's Authority to institute any proceeding to prevent or abate violations
of law, prevent or abate pollution, recover costs and natural resource damages, and
to impose penalties for violations of law, including but not limited to violations of any
permit issued by the Commissioner. If at any time the Commissioner determines
that the actions taken by the Town pursuant to this consent order have not
successfully provided potable drinking water to all persons affected, the
Commissioner may institute any proceeding to require the Town to undertake
further investigation or further action to provide potable drinking water.
16. The Town's obligations under law. Nothing in this consent order shall relieve the
Town of other obligations under applicable federal, state and, to the extent local law
is consistent with this consent order, local law.
6
17. No assurance by Commissioner. No provision of this consent order and no action
or inaction by the Commissioner shall be construed to constitute assurance by the
Commissioner that the actions taken by the Town pursuant to this consent order will
successfully provide potable drinking water to all persons affected.
18. No effect on rights of other persons. This consent order shall neither create nor
affect any rights of persons who or municipalities which are not parties to this
consent order.
19. Notice to Commissioner of changes. Within fifteen days of the date the Town
becomes aware of a change in any information submitted to the Commissioner
under this consent order, or that any such information was inaccurate or misleading
or that any relevant information was omitted, the Town shall submit the correct or
omitted information to the Commissioner.
20. Submission of documents to DER Any document required to be submitted to the
Commissioner under this consent order shall, unless otherwise specified in writing
by the Commissioner, be directed to:
Mr. Michael P. Senyk
Department of Environmental Protection
Bureau of Water Management
Permitting, Enforcement and Remediation Division
79 Elm Street
Hartford, Connecticut 06106-5127
21. Submission of documents to DPH. Any document required to be submitted to the
Commissioner of Public Health under this consent order shall, unless otherwise
specified in writing by the Commissioner of Public Health, be directed to:
Mr. Paul Ritsick
Department of Public Health
Water Supplies Section
450 Capitol Ave., MS#51 WAT
P.O. Box 340308
Hartford, Connecticut 06134-0308
7
The Town consents to the issuance of this consent order without further notice. The
undersigned certifies that (he/she) is fully authorized to enter into the consent order and
to legally bind the Town to the terms and conditions of the consent order.
Date Matthew B. Galligan
Town Manager
Issued as a final order _of the Commissioner of the Department of Environmental
Protection.
Date Arthur J. Rocque Jr.
Commissioner
CONSENT ORDER NO. SRD-
TOWN OF SOUTH WINDSOR
VTAL PROTECTION Title 2 Ch. 446k WATER POLLUTION CONTROL 785
'B by public service companies. An
i-1,planning to incinerate in the state any publ Sec. 22a-471. Pollution of groundwaters.Orders to provide potable drinking
I PCB,as defined in section 22a-463,is pre for water. Grants to municipalities. Hearing on order to abate. Appeal. Injunction.
;r million, shall notify the municipality re Forfeiture for violations.Orders to persons engaged in agriculture for contamina-
n days before transporting the substance itit tion of groundwater by pesticides.(a)(1)If the commissioner determines that pollution
i which the substance will the
transported,(2 of the groundwaters has occurred or can reasonably be expected to occur and the Com-
municipality,(3)the quantity of the transported,
missioner of Public Health determines that the extent of pollution creates or can reason-
ably, be expected to create an unacceptable risk of injury to the health or safety of persons
t that will be incinerated and (4) the meth o using such groundwaters as a public or private source of water for drinking or other
personal or domestic uses, the Commissioner of Environmental Protection shall, as
funds from the emergency spill response account established by section 22a-451 allow,
arrange for the short-term provision of potable drinking water to those residential build-
yy).Relocation or removal of public servic ings and elementary and secondary schools affected by such pollution until either he
)f municipal sewer or pollution abatement. issues an order pursuant to this section requiring the provision of such short-term supply
is a grant under this chapter for the construe-
)f sewers or other Pollution abatement facili- and the recipient complies with such order or a long-term supply of potable drinking
truction,rebuilding,expansion oracquisition water has been provided, whichever is earlier. In determining if pollution creates an
lj ruction t, relocation or removal of a public unacceptable risk of injury,the Commissioner of Public Health shall balance all relevant
liustment, r the municipality shall issue an and substantive facts and inferences and shall not be limited to a consideration of avail-
or operating such facility and such company able statistical analysis but shall consider all of the evidence presented and any factor
P y related to human health risks. The commissioner may issue an order to the person or
relocate or remove such facility promptly in
ad municipality responsible for such pollution requiring that potable drinking water be
litab]eshareofthecostofsuchrejustmenf
ice facility, including the cost a stment provided to all persons affected by such pollution.If the commissioner finds that more
g than one person or municipality is responsible for such pollution, he shall attempt to
ty in a new location, shall be borne by the
one hundred per cent of such cost after the'_ apportion responsibility if he determines that apportionment is appropriate. If he does
fishing the equitable share the cost to be` not apportion responsibility,all persons and municipalities responsible for the pollution
of thegroundwaters shall be jointly and severally responsible forthe providing of potable
ducted from the cost of the readjusted,relo- drinking water to persons affected by such pollution. If the commissioner determines
n a consideration of the value of materials' that the state or an agency or department of the state is responsible in whole or in part
>t of the original installation, the life expec
ed term of such useful life.For the purposes forthe pollution of the groundwaters,such agency or department shall prepare or arrange
ost of such readjustment, relocation or re- for the preparation of an engineering report and shall provide or arrange forthe provision
my shall be available for the inspection of of a long-term potable drinking water supply.LfS co_ mmiscioner is unabl .rn�PrP, ,,;nP
oved from a street or public right-of-way the person or municipality responsible or if ho determines that the responsible persons
shall not pay for such right-of-way. If the have no assets other than land,buildings,business machinery or livestock and are unable
erating such facility cannot agree upon the to secure a loan at a reasonable rate of interest to provide potable drinking water, he
dity,either may apply to the superior court may prepare or arrange for the preparation of an engineering report and provide or
it public right-of-way is situated or, if the _ arrange for the provision of a long-term potable drinking water supply or he may issue
for a determination of the cost to be borne an orb r=rhP .,,,alitY wherein groundwaters unusable for potable rinking water
e after causing notice of the pendency of are located requiring that short-term provision of potable drinking water be made to
irty, shall appoint a state referee to make those existing residential buildings and elementary and secondary schools affected by
ven at least ten days' notice to the parties such pollution and that long-term provision of potable drinking water be made to all
fig, shall hear both parties, shall take such persons affected by such pollution.For purposes of this section, residential building"
and shall thereupon determine the amount means any house,apartment,trailer,mobile manufactured home or other structure occu-
i forthwith report to the court.If the report pied by individuals as a dwelling, except a non-owner-occupied hotel or motel or a
shall, subject to right of appeal as in civil correctional institution.
sed in this section,"public service facility" �.
wire,tower,Lion, n" or apublic
s i service
appliance (2) Any order issued pursuant to this section may require the provision of potable
►e,telegraph,water building
ildin rcommunita antenna drinking water in,such quantities as the commissioner determines are necessary for
drinking and other personal and domestic uses and may require the maintenance and
monitoring of potable water supply facilities for any period which the commissioner
determines is necessary. In making such determinations, the commissioner shall con-
Sider the short-term and long-term needs for potable drinking water and the health and
safety of those persons whose water supply is unusable. Any order may require the
786 ENVIRONMENTAL PROTECTION Title 22, Ch. 446k WATER POL
submission of an engineering report which shall be subject to the approval of the com- of this section may apply to the commiss
missioner and the Commissioner of Public Health and include, but not be limited to,a Except as provided in subparagraph (C
description in detail of the problem, area and population affected by pollution of the V. subdivision (2) of this subsection, the c
groundwaters; the expected duration of and extent of the pollution; alternate solutions termprovision of potable drinking water
includingrelativecostof construction orinstallation,operation and maintenance;desig wells or individual water treatment systei
criteria on all alternate solutions; and any other information which the commissioner tion filters and shall make grants for othe
deems necessary.Upon review of such report,the commissioner and the Commissioner sion of potable drinking water from the
of Public Health shall consider the nature of the pollution, the expected,duration and by section 22a-451 or from any bond at
extent of the pollution, the health and safety of the persons affected, the initial and
ongoing cost-effectiveness and reliability of each alternative and any otherfactors which (B) The amount distributed to a mu
they deem relevant,and shall approve a system or method to provide potable drinking °�
dred per cent of the cost of short-term pr
pursuant to the order.Each order shall include a time schedule for the accomplish-
water per cent of the cost of the engineering r,
ment of the steps leading to the provision of potable drinking water. Notwithstanding cent of the cost of capital improvement;
the fact that a responsible party has been or may be identified or a request for a hearing of providing potable drinking water as c
on or a pending appeal from an order issued pursuant to this section,when pollution of missioner of Public Health upon conside
the groundwaters has occurred or may reasonably be expected to occur, the commis- dred per cent of the cost during the fir
sioner may prepare or arrange for the preparation of an engineering report as described maintaining individual water treatment
in this subdivision and may provide or arrange for the provision of a long-term potable located in an area where the commission
drinking water supply. In any case where the state or an agency or department of the is reasonably likely to occur. No state i
state is responsible in whole or in part for the pollution of the groundwaters,such agency the cost of operating or maintaining an
or department shall prepare or arrange for the preparation of an engineering report and specified in this subsection.
shall provide or arrange for the provision of a long-term potable drinking water supply, (C) Notwithstanding any provision
and if the state is not the sole responsible party,the commissioner shall seek reimburse- sinner may advance to a municipality,fr
ment under subdivision(4)of subsection(b)of this section for the costs of such report lio ed m section advance
22a- a 1 or from the,fr
and for the provision of potable water.The cost of the report and of the provision of a of potable drinking water,any percentaz
long-term potable drinking water supply,as funds allow, shall be paid from the emer- Sion of potable drinking water which he
gency spill response account pursuant to the provisions of subdivision(6)of subsection
(d) of section 22a-451 or from the proceeds of any bonds authorized for the provision (2) (A) If the commissioner is una
of potable drinking water. sponsible for rendering the groundwate
(3) The provisions of this section shall not affect the rights of any municipality to --, determines that the responsible persons
institute suit to recover all damages, expenses and costs incurred by the municipality ; ness machinery or livestock and are unat
from any responsible party including,but not limited to,the costs specified in subpara- to provide potable drinking water, a w,
graph(B)(i)and(ii)of subdivision(4)of subsection(b)and in the case of any municipal- customers and which owns,maintains,i
ity which is not responsible for the pollution of the groundwaters,the additional amounts supply well which is rendered unusabi
specified in subparagraph (B)(iii) and (iv) of subdivision (4)of subsection (b) of this ''commissioner for a grant from funds e
section. the proceeds of any bonds authorized 1
upon review of the engineering report r
(4) No provision of this section shall limit the liability of any person who or munici- an application for such a grant, the co
pality which renders the groundwaters unusable for potable drinking water from a suit company from the emergency spill resp
for damages by a person who or municipality which relied on said groundwaters for from the proceeds of any bonds authori
potable drinking water prior to the determination by the commissioner that the ground- is appropriate, he may make such a gr
waters are polluted. him pursuant to subsection (e)of this s,
(5) The commissioner may issue any order pursuant to this section if the pollution _ (B) The total amount distributed t+
of the groundwaters occurred before or after July 1, 1982. shall,as funds allow,equal fifty per cei
(6) The commissioner may at anytime require further action by any person to whom by this subsection and fifty per cent o
or municipality to which an order is issued pursuant to this section if he determines that method of rendering the water supply ii
such action is necessary to protect the health and safety of those persons whose water isk determined by the commissioner and the
supply was rendered unusable. ation of the required engineering repor
(b) (1) (A)Any municipality not responsible for the pollution of the groundwaters t (C) For purposes of this section,
which is ordered to provide potable drinking water in accordance with subsection(a) same meaning as specified in section 2
PROTECTION Title 22a `= Ch. 446k WATER POLLUTION CONTROL 787
call be subject to the approval of the com- - of this section may apply to the commissioner for a grant as provided by this subsection.
:ealth and include, but not be limited to,a' Except as provided in subparagraph (C) of subdivision (1) of this subsection and in
d population affected by pollution of the "` subdivision (2) of this subsection, the commissioner shall make grants for the short-
went of the pollution; alternate solutions termprovision of potable drinking water and the construction or installation of individual
Ration,operation and maintenance;design'; wells or individual watertreatment systems,including,but not limited to,carbon absorp-
her information which the commissioner tion filters and shall make grants for othercapital improvements for the long-term provi-
the commissioner and the Commissioner sion of potable drinking water from the emergency spill response account established
the pollution, the expected duration and by section 22a-451 or from any bond authorization established for that purpose.
y of the persons affected, the initial and
tch alternative and any otherfactors which ' (B) The amount distributed to a.municipality shall,as funds allow,equal one hun-
:m or method to provide potable drinking dred per cent of the cost of short-term provision of potable drinking water,one hundred
per cent of the cost of the engineering report required by this section,one hundred per
iclude a time schedule for the accomplish-
cent of the cost of capital improvements for the most cost-effective long-term method
potable drinking water. Notwithstanding -71
ay be identified or a request for a hearing of providing potable drinking water as determined by the commissioner and the Com-
iursuant to this section,when pollution of missioner of Public Health upon consideration of such engineering report,and one hun-
nably be expected to occur, the commis- dred per cent of the cost during the first five years of installation of monitoring and
Lion of an engineering report as described maintaining individual water treatment systems and monitoring drinking water wells
e for the provision of a long-term potable _ located in an area where the commissioner determines that pollution of the groundwater
state or an agency or department of the is reasonably likely to occur. No state funds shall be distributed to a municipality for
ollution of the groundwaters,such agency the cost of operating or maintaining any potable water supply facilities other than as
preparation of an engineering report and specified in this subsection.
long-term potable drinking water supply, ' (C) Notwithstanding any provision of this subsection to the contrary,the commis-
the commissioner shall seek reimburse-
)f this section for the costs of such report ' sioner may advance to a municipality,from the emergency spill response account estab-
)st of the report and of the provision of a lished by section 22a-451 or from the proceeds of any bonds authorized for the provision
'unds allow, shall be paid from the emer- of potable drinking water,any percentage of the cost of short-term and long-term provi-
rovisions of subdivision(6)of subsection sion of potable drinking water which he deems necessary.
if any bonds authorized for the provision (2) (A) If the commissioner is unable to determine the person or municipality re-
sponsible for rendering the groundwaters unusable for potable drinking water or if he
)t affect the rights of any municipality to determines that the responsible persons have no assets other than land,buildings,busi-
s and costs incurred by the municipality ness machinery or livestock and are unable to secure a loan at a reasonable rate of interest
limited to,the costs specified in subpara- to provide potable drinking water, a water company which has less than ten thousand
ction(b)and in the case of any municipal- customers and which owns, maintains,operates,manages,controls or employs a water
the groundwaters,the additional amounts supply well which is rendered unusable for potable drinking water, may apply to the
subdivision (4) of subsection (b) of this commissioner for a grant from funds established pursuant to section 22a-451 or from
the proceeds of any bonds authorized for the provision of potable drinking water. If,
upon review of the engineering report required by this subsection to be submitted with
the liability of any person who or munici- an application for such a grant, the commissioner determines that a grant to a water
)le for potable drinking water from a suit company from the emergency spill response account established by section 22a-451 or
y which relied on said groundwaters for from the proceeds of any bonds authorized for the provision of potable drinking water
on by the commissioner that the ground- is appropriate, he may make such a grant in accordance with regulations adopted by
him pursuant to subsection (e)of this section.
;r pursuant to this section if the pollution (B) The total amount distributed to a water company pursuant to this subsection
my 1, 1982. shall,as >unds allow,equal fifty per cent of the cost of the engineering report required
wire further action by any person to whom by this subsection and fifty per cent of the cost of the most cost-effective long-term
'suant to this section if he determines that method of rendering the water supply in question usable for potable drinking water,as
and safety of those persons whose water determined by the commissioner and the Commissioner of Public Health upon consider-
ation of the required engineering report.
ble for the pollution of the groundwaters (C) For purposes of this section, "water company" and "customer" shall have the
water in accordance with subsection (a) same meaning as specified in section 25-32a.
788 ENVIRONMENTAL PROTECTION Title 22a Ch•446k
(D) Any water company applying for a grant pursuant to this section shall prepare :apply to the W -' ss3
or have prepared an engineering report which shall be subject to the approval of the = total amoun:o.
commissioner and the Commissioner of Public Health and include, but not be limited °not exceedto,a description in detail of the problem,area and population affected by pollution of the (b)of this section.
groundwaters;alternate solutions including relative cost of construction or installation, (5) Forpurposti=cam
operation and maintenance;design criteria on all alternate solutions and any other infor-
; graph(B)(ii)of su: n o_ -
mation the commissioner deems necessary.
the commissioner a
(3) (A) If a municipality or water company receives funding from a private source, the cost of plan an_ � o
a federal grant or another state grant for any cost for which a from
may be awarded
pursuant to this section,the grant under this section shall equal the specified percentage (6) If am a an= ; �,�nor.
of the costs specified in this subsection minus the amount of the other funding. [bey
ccordancewith ta:s(B) If a municipality or water company receives a grant under this section and is accordance wiih��s:noz
compensated by a person who or municipality which is responsible for rendering the
groundwaters unusable for potable drinking water,the municipality or water company (7) AnypersoPwn0 muni_shall reimburse the account from which the funds were made available for the grant as this section mad_�follows: If the compensation from the responsible party equals or exceeds the costs ond the areasi^toward which the grant was to be applied, the municipality or water company shall hich are determinesreimburse the total amount of the grant;if the compensation is less than the cost towardeimbursement shi Yii rtitr=i jwhich the grant was to be applied,the municipality or water company shall reimburse (c) And oroe- unat--
a percentage of the compensation equal to the percentage of such costs paid by the grant. rights of any aggnei'.�:x;o:ZF7
(4) (A) Notwithstanding any request for a hearing or a pending appeal therefrom, provided in se.no- _ 6-�►=
if a person or municipality responsible for pollution of the groundwaters fails to comply stoner to the Su�ri� zzV.ti,,a::Um
r with an order of the commissioner issued pursuant to this section, the municipality :orpendinsaprzali-= ^> =-n_
wherein such pollution is located may, after giving written notice of its intent to the sioner from reoue•�_m—'a"- =
commissioner and the responsible person ormunicipality,undertake the actions required 435,or a ci%il actin 1,1 mco%"y=
i( by the order and seek reimbursement for the cost of such actions from the responsible be initiated by the' zney G'r
i person ormunicipality.If at any time after receipt of such a notice,the responsible party recipient of the or5�_ io take r
lf
intends to comply with a step of the order which the municipality has not yet completed, drin�_r
the responsible party may do so with the written approval of the commissioner and oftheorder was arr z..
municipality,provided the actions which the responsible party takes are consistent with shall not grant a strzv�m and
those taken by the municipality. an administrative a- ?is nr-tst^_
as the result of an z unde7 L_-_
I' (B) The commissioner may order any person or municipality responsible for pollu- `acted arbitrarily,u- zSonably trzu
!i tion of the groundwaters to reimburse the state,a water company,and any municipality to comply with an ord`:the:,an=-
which is not responsible for pollution but received an order pursuant to this section or for the total costs which have n--:
s` which did not-receive such an order but voluntarily provided potable drinking water, 22a-446.
for (i) the expenses each incurred in providing potable drinking water to any person
affected by such pollution,provided the required reimbursement for such expenses shall (d) The coma s_&, 'r shaL n-=:
' not exceed the actual cost of short-term provision of potable drinking water and an if the sole basis fo-::e order
F'I amount equal to the reasonable cost of planning and implementing the most cost-effec- the source of pollu2on or pot:nti=
tivelong-termmethodofprovidingpotabledrinking water as determined by the commis
-
sioner and the Commissioner of Public Health;(ii)costs for recovering such reimburse-' (e) The comet--Y t per may- =
ment; (iii) interest on the expenses specified in (i) at a rate of ten per cent a year from as he deems neces -z m cam o'er
the date such expenses were paid;and(iv)reasonable attorney's fees.The commissioner tions for the pro%isilm of Aran=a=
i may request the Attorney General to bring a civil action to recover any costs or expenses ,eligibility for funs
incurred by the commissioner pursuant to this subsection provided no such action may ( (1) Nonni-_,,,aingin_zr
j be brought later than ten years after the date of discover of the pollution of public or
y P P mines that a persoE whose action_
i I I private sources of water for drinking or other personal or domestic use. pollution of the gdwaters rx
t (C) If a municipality fails to recover all expenses specified in subparagraph(B)(i) the pesticide or arrant for ate=.
as engaged in a=�iailture at
of subdivision(4)of this subsection from the responsible party,the municipality may w inru
i 3l
p iF
7
TECTION Title 22a Ch. 446k WATER POLLUTION CONTROL 789 D l
1
)ursuant to this section shall prepare apply to the commissioner for a grant in accordance with this subsection,provided the ;
all be subject to the approval of the total amount of funds received from the commissioner and the responsible party shall
,alth and include,but not be limited not exceed the amounts specified in subparagraph(B)of subdivision(1)of subsection
opulation affected by pollution of the :;: (b)of this section.
e cost of construction or installation, (5) For purposes of this section except subdivision(3)of subsection(a)and subpara-
temate solutions and any other infor
graph(B)(ii)of subdivision(4)of this subsection, cost,>includes only those costs which
the commissioner determines are necessary and reasonable,including,but not limited to,
-eives funding from a private source, the cost of plans and specifications,construction or installation and supervision thereof. j
: for which a grant may be awarded
i shall equal the specified percentage (6) If any grant application is pending on June 7, 1994, and is approved by the
amount of the other funding. commissioner, the percentage of costs to be paid by the grant shall be determined in I
accordance with this section.Any order pending on May 31, 1985, shall be construed
ves a grant under this section and is in accordance with this section.
hich is responsible for rendering the .
the municipality or water company (7) Any person who or municipality which provides potable drinking water pursuant
were made available for the grant as to this section may,with the approval of the commissioner,construct or install facilities
le party equals or exceeds the costs beyond the areas included in the order or facilities which are more costly than those
iunicipality or water company shall _- which are determined to be most cost-effective, provided any request for a grant or by
pensation is less than the cost toward reimbursement shall be limited to the amounts specified in this section.
ty or water company shall reimburse (c) Any order issued under the provisions of this section shall be subject to the
-ntage of such costs paid by the grant.
rights of any aggrieved person or municipality to a hearing before the commissioner as
aring or a pending appeal therefrom,_ "_ _ _ provided in section 22a-436, and appeal from the final determination of the commis-
n of the groundwaters fails to comply sioner to the Superior Court as provided in section 22a-437.The request for a hearing
ant to this section, the municipality orpending appeal therefrom shall not constitute acondition which shall stay the commis-
ng written notice of its intent to the w sioner from requesting that an injunction under the provisions of section 22a-6 or 22a-
i pality,undertake the actions required 435, or a civil action to recover a forfeiture under the provisions of section 22a-438,
of such actions from the responsible be initiated by the Attorney General. The court shall issue an injunction requiring the
of such a notice,the responsible party recipient of the order to take the steps required by the order for short-term and long-
e municipality has not yet completed, term provision of potable drinking water unless such court determines that the issuance
i approval of the commissioner and of the order was arbitrary.Notwithstanding any provision of the general statutes,a court
)nsible party takes are consistent with shall not grant a stay from any order issued pursuant to this section on the grounds that
an administrative appeal is pending.If it is thereafter determined by the Superior Court
)r municipality responsible for pollu- as the result of an appeal under the provisions of section 22a-437 that the commissioner
water company,and any municipality acted arbitrarily,unreasonably or contrary to law in requiring a person or municipality
d an order pursuant to this section or to comply with an order the commissioner shall reimburse the person or municipality
fly provided potable drinking water, for the total costs which have been incurred from the funds established under section
vable drinking water to any person 22a-446.
-imbursement for such expenses shall _= (d) The commissioner shall not issue an order to any person pursuant to this section
)n of potable drinking water and an if the sole basis for the order is that such person is the owner of the land from which
�d implementing the most cost-effec- J the source of pollution or potential source of pollution emanates.
ig water as determined by the commis-
costs for recovering such reimburse- a (e) The commissioner may,in accordance with chapter 54,adopt such regulations
at a rate of ten per cent a year from as he deems necessary to carry out the provisions of this section,and shall adopt regula-
)le attorney's fees.The commissioner J tions for the provision of grants pursuant to this section which shall include criteria for
ction to recover any costs or expenses eligibility for funds.
)section provided no such action may
iscovery of the pollution of public or ( (1) Notwithstanding the provisions of subsection(a),if the commissioner deter-
sonal or domestic use. mines that a person whose actions have caused or can reasonably be expected to cause
Pollution of the groundwaters by the application of a pesticide(A)has properly applied
nses specified in subparagraph(B)(i) the pesticide or arranged for a pesticide application which was properly performed,(B)
ponsible party, the municipality may was engaged in agriculture at the time the pesticide was applied and used the pesticide
790 ENVIRONMENTAL PROTECTION Title 22a Ch. 446k WATER P
solely in the production of agricultural commodities, (C) has agreed to implement the secondary schools,by authorizing the commissione
and to require submission of an engineering report:in
plans specified in subdivision(2)of this subsection,and(D)maintained the records of and relettering the existing provisions as Subsec.;c
the application of the pesticide as required by section 22a-58 and the records and plan action for injunction,shall require the recipient of ai
Subsets.(d)and(e);P.A.86-364 amended Subsec.(
identified in section 22a-471 a,the commissioner shall not issue an order under Subsec- or arrange for preparation of engineering reports wh
tion(a)to the person engaged in agriculture,but may issue an order under said subsection that report shall include information re expected du
(a to another responsible person,including but not limited to the producer Of the pesti- of subset.(b l to make advances from the emerged
) p P g provide potable drinking water;P.A.87-261 amend
cide,requiring the short-term and long-term provision of potable drinking water in ac- subset.(f)exempting persons engaged in agricultu,
cordance with said subsection(a).The commissioner shall not issue an order under said water orders if Subparas.(A)to(D),inclusive,of S
subsection a engaged in a agriculture who did not maintain the records health services with commissioner of public health
( ) to a personS Subsec.(a)to specify a time limit for certain orders to
identified under section 22a-471 a if said commissioner finds such records are not rele- potable water in certain cases and to allow the use c
vant to a determination of the party responsible for pollution of the groundwaters.If the Subsec.(b)to allow the use of the emergency spill
commissioner is unable to determine the responsible person,he may issue such order to increase the percentages of costs of provision fund.,
pc
p p y municipalities reimburse the state for certain fund:
the municipality wherein groundwaters unusable for potable drinking water are located. general to bring an action for recovery of costs undej
replaced editorially by the Revisors with"account"
(2) If the commissioner determines that a person engaged in agriculture has caused with Sec.22a-451,as amended by P.A.94-130;P.A
c e action for reimbursement of expenses under thatsub<
or can reasonably be expected to cause pollution of the groundwaters by pesticides, tern to ten years from the date of discovery of poll
he may cause such person to submit to the commissioner and, upon approval by the or domestic use; P.A.95-257 replaced Commissic
commissioner,implement a plan to minimize the potential for groundwater contamina- Commissioner and Department of Public Health,of
tion from the storage, handling and disposal of pesticides at the locations where such
person engaged in agriculture. Sec. 22a-471a. Exemption frog
gaged in agriculture.(a)The provisii
(3) For the purposes of this subsection,a pesticide is properly applied if at the time to any person engaged in agriculture
of the application the pesticide was licensed by or registered with the state and federal arranges for the application of a gen
government and was applied in a manner consistent with(A)the labeling of the pesticide, or horticultural products or to the]an
as defined in section 22a-47,(B)applicable state and federal statutes and regulations at specified in subsection(d)and (2) d(
the time of the application,(C)any approvals or recommendations of the federal,state specified in subsection (e).
or local government,including any limitations,warnings orconditions of such approvals
or recommendations,and(D)generally accepted agricultural management practices at (b) On and after July 1, 1989, th
the time of application,considering any special geological,hydrological or soil condi- shall not apply to any person engaged
tions of which the farmer was aware or reasonably should have been aware. specified in subsection(d)or(2)has I
in subsection (e)when such records
(4) Any municipality which receives an order pursuant to subdivision (1) of this
subsection shall be eligible for a grant from the state in accordance with subparagraph (c) The provisions of subsection
(1)of subsection(b)of this section. 1 beginning agricultural activities on c
arranges for the application of a gen
(5) The provisions of this subsection shall apply to pollution of the groundwaters r or horticultural products or to the lar
by pesticides discovered on or after May 26, 1988. All orders issued pursuant to this specified in subsection(d)and(2)dev
section by the commissioner prior to May 26, 1988, shall remain in effect unless the tion(e).
orders are otherwise revoked, amended or modified by said commissioner.
(d) The records required under sL
(6) Nothing in this subsection,section 22a-471 a or section 22a-471 b shall affect or � information for each application of a;
limit any right of action of an individual against any person engaged in agriculture for or horticultural product to the land:
injury to person or property resulting from the use of a pesticide. amount of the pesticide used; (3) th
For purposes of this subsection, "pesticide" shall have the same meaning as amount of acreage treated;(5)the nar
(7) p rti number assigned by the United State
specified in section 22a-47. " cide and(6)the invoice or purchase r
(P.A.82-240,S.1,3;June Sp.Sess.P.A.83-3,S.1;P.A.84-81,S.3;P.A.85407,S.2,9;P.A.86-364,S.6;P.A.87- tained by the person engaged in agri(
191,S.1,2;87-261,S.9;P.A.88-211,S.1,4;P.A.93-381,S.9,39;P.A.94-198,S.1,13;P.A.95-169,S.1;95-257,S. of application.
12,21,58.)
History:June Sp.Sess.P.A.83-3 changed term"mobile home"to"mobile manufactured home"in Subset.(a)(1);P.A. (e) Any plan prepared under sub
84-81 amended Subsec.(a)by adding provision that the order may require the supply of water in quantities necessary for
domestic and personal use and authorized grants if the responsible party has no liquid assets or is unable to secure a loan; activities conducted on the land and
P.A.85-407 amended Subsec.(a)by organizing the section into subdivisions and requiring the commissioner of health tarrllnatlon from pesticides.SUCK pla
services to determine that pollution creates an unacceptable risk of injury as a prerequisite to the arrangement for provision a ement,if available,proper amount
of potable drinking water by the commissioner of environmental protection for residential buildings and elementary and g h p
i ,
',CTION Title 22a Ch. 446k WATER POLLUTION CONTROL 791 i
(C) has agreed to implement the secondary schools,by authorizing the commissioner to require maintenance and monitoring of drinking water facilities j t
and to require submission of an engineering report;inserted new Subsec.(b)re grants to municipalities and watercompanies
and(D)maintained the records of and relettering the existing provisions as Subsec.(c);amended relettered Subsec.(c)by specifying that the courts,in an I
n 22a-58 and the records and plan action for injunction,shall require the recipient of an order to implement the order unless the order is arbitrary and added
11 not issue an order under Subsec- Subsecs.(d)and(e);P.A.86-364 amended Subsec.(a)(2)to authorize environmental protection commissioner to prepare 1
or arrange for preparation of engineering reports where there is actual or suspected groundwater pollution and to specify
ssue an order under said subsection that report shall include information re expected duration and extent of pollution:P.A.87-191 amended Subdiv.(1)(C)
mited to the produces:of the pesti- of Subsec.(b)to make advances from the emergency spill response fund or from the proceeds of bonds authorized to
)n of potable drinking Water In aC- provide potable drinking water;P.A.87-261 amended Subsec.(c)by adding reference to Sec.22a-6:P.A.88-211 added
Subsea(f)exempting persons engaged in agriculture who contaminate groundwater by pesticides from potable drinking '.
shall not issue an order under said water orders if Subparas.(A)to(D),inclusive,of Subdiv.(1)are complied with;P.A.93-381 replaced commissioner of
vho did not maintain the records health services with commissioner of public health and addiction services,effective July 1,1993;P.A.94-198 amended
Subsec.(a)to specify atime limit forcertain orders to provide potable water,to require responsible state agencies to provide
ter finds such records are not rele- potable water in certain cases and to allow the use of certain bond funds for the provision of potable water and amended I
)llution of the groundwaters.If the Subsea(b)to allow the use of the emergency spill response fund for the provision of potable water in certain cases,to
increase the percentages of costs of provision of potable water allowable to municipalities,to delete a requirement that
person,he may issue such order to
municipalities reimburse the state for certain funds disbursed to them under this section and to authorize the attorney
)otable drinking water are located. general to bring an action for recovery of costs under that subsection,effective June 7,1994;in 1995 the word"fund"was
replaced editorially by the Revisors with"account"in references to the emergency spill response fund to conform section
engaged in agriculture has caused with Sec.22a-451,as amended by P.A.94-130;P.A.95-169 amended Subsec.(b)to change the limitation on bringing an
F the groundwaters b eStiCldeS, actionforreimbursementofexpensesunderthatsubsectionfromsixyearsafterthediscoveryofpollutionofthegroundwa-
Y P ters to ten years from the date of discovery of pollution of public or private sources of water for drinking or personal
sioner and, upon approval by the or domestic use; P.A.95-257 replaced Commissioner and Department of Public Health and Addiction Services with
;ntial for groundwater contamina- Commissioner and Department of Public Health,effective July 1,1995.
cides at the locations where such
Sec. 22a-471a. Exemption from potable drinking water orders for persons en-
gaged in agriculture.(a)The provisions of subsection ;t
(f)of section 22a-471 shall apply ;l
e is properly applied if at the time to any person engaged in agriculture on May 26, 1988, who makes an application or
;istered with the state and federal arranges for the application of a general use or restricted use pesticide to agricultural
th(A)the labeling of the pesticide, or horticultural products or to the land provided such person (1) maintains the records
federal statutes and regulations at specified in subsection (d) and(2) develops and implements by July 1, 1989, the plan
mmendations of the federal,state specified in subsection (e).
gs orconditions of such approvals
cultural management practices at (b) On and after July 1, 1989, the provisions of subsection (f) of section 22a-471
wical,hydrological or soil condi- shall not apply to any person engaged in agriculture who(1)fails to maintain the records
Could have been aware. specified in subsection(d)or(2)has not developed and implemented the plan specified
.lrsuant to subdivision (1) of this in subsection (e) when such records have been maintained for less than three years. '
in accordance with subparagraph (c) The provisions of subsection (f) of section 22a-471 shall apply to any person
beginning agricultural activities on or after July 1, 1989, who makes an application or
arranges for the application of a general use or restricted use pesticide to agricultural
to pollution of the groundwaters or horticultural products or to the land provided such person(1) maintains the records
kll orders issued pursuant to this specified in subsection(d)and(2)develops and implements the plan specified in Subsec-
shall remain in effect unless the tion (e). i
ly said commissioner. =�><
ir section 22a-471 b shall affect or (d) The records required under subsection(a)shall include a record of the following
information for each application of a general or restricted use pesticide to an agricultural
person engaged in agriculture.for or horticultural product to the land: (1) The name of the applicator; (2) the kind and
a pesticide. amount of the pesticide used; (3) the date and place of application; (4) the crop and F
shall have the same meaning as amount of acreage treated;(5)the name of the manufacturer and the product registration
cide and(6)the invoice or purchase receipt of the pesticide.Such records shall be main
number assigned by the United States Environmental Protection Agency of each pesti-
- ±
A.85-407,S.2,9;P.A.86-364,S.6;P.A.87 tamed b the person engaged in a agriculture Y Y
)4-198,S.1,13;P.A.95-169,S.1;95-257,S. Y Pg ' ulture for not less than twenty ears after the date
of application.
le manufactured home"in Subsec.(a)(1);P.A.
the supply of water in quantities necessary for (e) Any plan prepared under subsection(a)shall be appropriate for the agricultural
s no liquid assets or is unable to secure a loan; activities conducted on the land and shall minimize the potential for groundwater con-
ms and requiring the commissioner of health talTilnatlOn from p
a prerequisite to the arrangement for provision o pesticides.Such plan shall include provisions for integrated pest man-
t for residential buildings and elementary and aoement,if available,proper amounts and rates of pesticide applications,calibration of
t
1
?ROTECTION Tine - Ch.446k WATER POLLUTION CONTROL 729
t,
Cited.Id.,737,747.Cited.237 C.135,162.cited. _ pollution abatement facilities,disposal wells and other systems;"federal Water ,
Poljution Control Act"means the federal Water Pollution Control Act,33 USC Section
Definitions. As used in this chap 166 et.seq seq.:including amendments thereto and regulations thereunder;"order to abate
Environmental Protection his dent6pollutioni prevent antici
ncludes an order to abate existing pollution or to preven re -
tarbors,estuaries, rivers,brooks,W aced sources of pollution; "federal Safe Drinking Water Act" means the federal Safe
at Drinking Water Act,42 USC,Section 300f et seq.,including amendments thereto and 1
rids, marshes, drainage systems and regulations thereunder;"monitoring system"means a system or method for measuring
or accumulations of water, natural quality or quantity of a discharge or its impact on the waters of the state.Such system
.-d within, flow through or border u theq
ns sewage or any substance,liquid, or method shall provide for any means the commissioner reasonably deems necessary
or tend to pollute any of the ware to assure the security of the system and the accuracy of monitoring results, including,
1 excretions and all domestic and waters
but not limited to, automatic monitoring, "effluent limitation" means any restriction,
mental to the public health; "pollution established by the commissioner by regulations adopted in accordance with the provi-
ation or rendering unclean or impure sions of chapter 54,on quantities,rates or concentrations of chemical,physical,biologi-
e state by reason of any wastes or oe cal and other constituents which are discharged into-the waters of the state and estab-
lished by permit, schedule of compliance or administrative order; "economic benefit"
« includes the amount of any savings resulting from avoided or delayed expenditures as
y waters; rendering unclean or impure
l or biological properties of any oft a result of noncompliance with the effluent limitations of a permit to discharge into
change o odor,color,turbidity y of. a the waters of the state, and includes capital or one-time expenditures,operating costs,
change in the temperature turbidity
Ovate maintenance costs and any other benefits resulting from noncompliance; "persistent
de of which temperature change does o violator"means any person or municipality which holds a permit to discharge into the
de o waters of the state and which has exceeded any e
val or injurious to public health,safe effluent limitation by a factor of one
trial, agricultural, recreational or othe and one-half or more for four out of six consecutive reporting periods.
(1967,P.A.57.S.2;1971,P.A.872,S.79:P.A.73-555,S.4.10;P.A.77-416;P.A.80-15;P.A.81-176,S.4,7;P.A.
animals,birds,fish or other aquatic life'
8_240,S.2,3;P.A.84-81,S.2;P.A.85-407,S.3,9;P.A.86-82.S.1,5;86-420.S.10,12:P.A.88-118,S.2,3;P.A.90-
)ciation,firm,limited liability compan 222,S.1;P.A.93-381,S.9,39;P.A.95-79,S. 101, 189:95-257,S.12,21,58.)
overnment
Cy,and includes the federal g , History:1971 act replaced definition of-commission",i.e.water resources commission,with definition of"commis-
i any officer or governing or managing sioner",i.e.commissioner of environmental protection and redefined"pollution"to specifically include that which is
rpOratlon Or any member Or manageC Of "prejudicial to public health";P.A.73-555 extended applicability of definitions to include part ll of chapter474 and defined
"sewage";P.A.77-416 included subsurface sewage systems in definition of"pollution abatement facility";P.A.80-15
ition problem" means the existence l)f redefined"person"to include the federal government,the state and instrumentalities of the state:P.A.81-176 defined the
�mmissioner, can best be abated by the Federal Safe Drinking Water Act;P.A.82-240 defined"potable drinking water";Sec.25-54b transferred to Sec.22a-423
any metropolitan district town,COnSOli- in 1983;P.A.84-81 revised the definition of potable drinking water by eliminating requirement that alternative supply be
> provided at the boundary line of the affected property:P.A.85-407 redefined"potable drinking water"to eliminate the
)rough, City, borough, village, fire and reference to drinking water standards established by the commissioner of health services and to add provision re determina-
)l organization having authority to levy tionby said commissioner that waterdoes not create an unacceptable risk of injury to users:P.A.86-82defined"monitoring
c >1 system";P.A.86-420redefined"pollution abatement facility";P.A.88-118 added an agent designated by the commissioner
)rized function; discharge means the to the definition of commissioner;P.A.90-222defined"effluentlimitation","economic benefit"and"persistent violator":
:o the waters of the state,whether or not P.A.93-381 replaced commissioner of health services with commissioner of public health and addiction services,effective
July I,1993;P.A.95-79 redefined"person"to include a limited liability company and any member or manager of a limited
ltement facility"means any equipment, liability company,effective May 31. 1995:P.A.95-257 replaced Commissioner and Department of Public Health and
apparatus or land, or any Combination Addiction Services with Commissioner and Department of Public Health,effective July 1. 1995.
d for the storage, collection, reduction',... : Annotations to former section 25-54b:
treatment of water or wastes,or for the Former statute cited.148 C.586.Cited.170 C.31.
Annotations to present section:
tment of water or wastes,including,but Cited.226 C.358,360,363.
ns, facilities, plants and works; outfall
rs; and other real or personal property Sec. 22a-424. (Formerly Sec.25-54c).Powers and duties of commissiolper.The
•ation; "potable drinking water" means commissioner shall have the following powers and duties:
for which treatment is provided or an
'ublic Health determines does not create (a) To exercise general supervision of the administration and enforcement of this
afety of those persons using such water chapter;
ing or other personal or domestic uses.
mer of Public Health shall balance all. (b) To develop comprehensive programs for the prevention,control and abatement
d shall not be limited to a consideration of new or existing pollution of the waters of the state;
ier all the evidence presented and any (c) To advise, consult and cooperate with other agencies of.the state, the federal
system"means a system for disposing government,other states and interstate agencies and with affected groups,political sub-
,rground methods,and includes sewage divisions and industries in furtherance of the purposes of this chapter.Such powers and
730 ENVIRONMENTAL PROTECTION Title 22a Ch. 446k WATER POL
duties shall include receiving information provided by the United States Environmental or reasonably may be expected to cause t
Protection Agency,which if subject to a claim of confidentiality pursuant to the federal or potential waste discharges which mad
Freedom of Information Act of 1976(5 USC 552)and regulations adopted thereunder, waters of the state.
shall be kept confidential by the commissioner notwithstanding any of the provisions (1967,P.A.57,S.3;1971,P.A.872,s.80;P.A.73-:
of section 1-210 to the contrary; 86-239,S.6,14;P.A.93-381.S.9,39;P.A.94-205,S.
History: 1971 act replaced references to water resc
(d) To submit plans for the prevention and control of water pollution and to render commissioner;P.A.73-38 replaced references to U.S.Sec
reports and accounts to the Administrator of the Environmental Protection Agency and ' [ration with references to administrator of the control
Act;&
"' 474a and to the Federal Water Pollution Con[rol Act;S
to any other federal officer or agency on such forms containing such information as the part II of chapter 474a deleted reflecting incorporation
said Administrator or any other federal officer or agency, may reasonably require, in (c)by authorizing the commissioner to keep conf[denti
order to olkialify the state and its municipalities for grants from the United States gov- Environmental Protection Agency if such information is,
b b state law;P.A.84-219 added Subdiv.(1)authorizing the
emment; (i)by authorizing the commissioner to consider prior vi
section;P.A.86-239 added Subdiv.(m)concerning inve
(e) To encourage, participate in or conduct studies, investigations, research and with commissioner of public health and addiction servi
delete a provision re review of permit applicant's compl
demonstrations,and collect and disseminate information,relating to water pollution and commissioner to transfer permits;P.A.95-257 replaced
the causes,prevention,control and abatement thereof; Services with Commissioner and Department of Public 1
See Sec.22a-6m re review of permit applicant's corn
(f) To issue,modify or revoke orders prohibiting or abat ng pollution of the waters of Annotation to former section 25-54c:
the state,or requiring the construction,modification,extension or alteration of pollution Cited. 170 C.31,
abatement facilities or monitoring systems,or any parts thereof,or adopting Such other Annotations to present section:
Cited.226 C.358,373.Cited.Id.,737,748.Cited.Id
remedial measures as are necessary to prevent,control or abate pollution; Cited.21 CA 91,98.
Subdiv.(b):
(g) To hold such hearings as may be required under the provisions of this chapter Cited.21 CA 91,106.
and the federal Water Pollution Control Act or other applicable federal law,for which CiteSubd.21 C
PP Cited.21 CA 91,97.
he shall have the power to issue notices by certified mail, administer oaths,take testi- Subdiv.(1):
mony and subpoena witnesses and evidence;
Cited.206 C.65,77.
(h) To require the submission of plans,specifications and other necessary data for, Sec. 22a-425. (Formerly Sec.25-5
and inspect the construction of,pollution abatement facilities and monitoring or disposal any person or municipality to maintain su
systems in connection with the issuance of such permits or approvals as may be required tion or the operation of pollution abaten
by this chapter and the federal Water Pollution Control Act; out the provisions of this chapter and the f
or his authorized representative shall have
(i) To issue,continue in effect,revoke,transfer,modify or deny permits,under such copy any such records or memoranda per
conditions as he may prescribe, for the discharge of any water, substance or material such records on request.
into the waters of the state,or orders for or approval of the installation,modification or (1967,P.A.57,S.4;1971,P.A.872,S.81;P.A.73-3
operation of pollution abatement facilities or monitoring systems; History: 1971 act replaced references to water reso[
commissioner and deleted provisions authorizing comrr
(j) To require proper maintenance and operation of monitoring and disposal securing information and protecting confidentiality of inf
systems; Paz[II of chapter 474a and Federal Water Pollution Cot
y reference to part II of chapter 474 deleted reflecting inco,
(k) To exercise all incidental powers necessary to carry out the purposes of this Annotation to former section 25-54d.:
chapter and the federal Water Pollution Control Act; Cited.170 C.31.
(1) To adopt regulations in accordance with the provisions of chapter 54 to imple- '.Sec..22a-426. (Formerly Sec.25-54
ment this chapter and to comply with the federal Water Pollution Control Act and the missionerof Environmental Protection sh
federal Safe Drinking Water Act; of Water quality applicable to the various
vided in this section.Such standards shall
(m) Either on his own initiative or upon complaint,to investigate or order the person Control Act and shall be for the purpose
who caused or reasonably may be expected to cause the pollution to investigate all for available federal grants and for the pt
points of existing or potential waste discharge which may directly or indirectly result policy statements of a general program
in pollution of the waters of the state provided upon written complaint by the Commis- rovided no standard of water quality ad
sioner of Public Health,the chief executive officer of a municipality,the warden or any `astes to be discharged into any of the w
of the burgesses of a borough, a committeeman of a fire district or a local or district t11e treatment available and necessary for
director of health, the commissioner shall investigate or order the person who caused of quality shall: (1)Apply to interstate v
i
t IE 4
)TECTION
Title-ch.446k WATER POLLUTION CONTROL 731 I
d b the United States Environ
Y men or reasonably may be expected to cause the pollution to investigate all points of existing 1
;onfidentiality pursuant to the fede- or potential waste discharges which may directly or indirectly result in pollution of the
I and regulations adopted thereund waters of the state.
Xwithstanding any of the provisio
(1967,P.A.57,S.3;1971,P.A.872,S.80;P.A.73-38,S.1,8;P.A.83-133;P.A.84-219,S.1,4;P.A.86-82,S.2,5;
36-239,S.6,14;P.A.93-381,S.9,39;P.A.94-205,S.4;P.A.95-218,S.11,24;95-257,S.12,21,58.)
History: 1971 act replaced references to water resources commission with references to environmental protection
ItrOl of water pollution and to re ii
;Ivironmental Protection A rend commissioner;P.A.73-38replacedreferencestoU.S.SecretaryofthelnteriorandFederalWaterPollutionControladminis- l l;
Agency a nation with references to administrator of the Environmental Protection Agency and added references to part II of chapter
s containing such information as 474a and to the Federal Water Pollution Control Act;Sec.25-54c transferred to Sec.22a-424 in 1983 and references to
part II of chapter 474a deleted reflecting incorporation of those sections in this chapter;P.A.83-133 amended Subsec.
l (c)by authorizing the commissioner to keep con
agency, may reasonably require, confidential water pollution information received from the United States
'grants from the United States goy Environmental Protection Agency ifsuch information is confidential under federal law,even if it would be available under
state law;P.A.84-219 added Subdiv.(1)authorizing the commissioner to adopt regulations;P.A.86-82 amended Subdiv.
(i)by authorizing the commissioner to consider prior violations and added references to monitoring systems throughout '
:udies, investigations, research ap section;P.A.86-239 added Subdiv.(in)concerning investigations;P.A.93-381 replaced commissioner of health services }
d with commissioner of public health and addiction services,effective July 1, 1993;P.A.94-205 amended Subsea(i)to
to waterpollution an delete a provision re review of permit applicant's compliance history;P.A.95-218 amended Subsea(i)to authorize the
ation,relating 1
;Of' commissioner to transfer permits;P.A.95-257 replaced Commissioner and Department of Public Health and Addiction j
' Services with Commissioner and Department of Public Health,effective July I,1995.
See Sec.22a-6m re review of permit applicant's compliance history. ! �
or abating pollution of the waters o
extension oralteration ofpollution L+�.
Annotation to former section 25-54c:
Cited.170 C.31.
arts thereof,or adopting such other Annotations to present section: i
trol Or abate Pollution; Cited.226 C.358,373.Cited.Id.,737,748.Cited.Id.,792,804,805.Cited.241 C.466.
Cited.21 CA 91,98.
rider the provisions of this chapter Subdiv.1 C
Cited.21 CA 91,106.
r applicable federal law, for which Subdiv.(k):
mail, administer oaths, take testi- s�bdiv(1): 91,97.
Cited.206 C.65,77.
tions and other necessary data for, Sec. 22a-425. (Formerly Sec.25-54d).Records.The commissioner may require
Icilities and monitoring or disposal _ any person or municipality to maintain such records relating to pollution,possible pollu-
its or approvals as maybe required ' tion or the operation of pollution abatement facilities as he deems necessary to carry
rol Act; out the provisions of this chapter and the federal Water Pollution Act.The commissioner
lodif den or his authorized representative shall have access to such records,and may examine and
Y or y permits,under such copy any such records or memoranda pertaining thereto,or shall be furnished copies of
any water, substance or material such records on request.
of the installation,modification or
'1ng systems; (1967,P.A.57.S.-t: 1971,P.A.872,S.81:P.A.73-38,S.2,8.)
History: 1971 act replaced references to water resources commission with references to environmental protection
g and dISpOSaI ._ commissioner and deleted provisions authorizing commissioner's representatives to enter property for the purpose of On of monitorin
securing information and protecting confidentiality of information relating to trade secrets;P.A.73-38 added reference to
part II of chapter 474a and Federal Water Pollution Control Act;Sec.25-54d transferred to Sec.22a-425 in 1983 and
reference to part II of chapter 474 deleted reflecting incorporation of those sections in this chapter.
-.o carry Out the purposes of this Annotation to former section 25-54d.:
Cited. 170 C.31.
'ovisions of chapter 54 to imple- Sec. 22a-426. (Formerly Sec.25-54e).Standards of water quality.(a)The Com-
,r Pollution Control Act and the missioner of Environmental Protection shall adopt,and may thereafter amend,standards
of water quality applicable to the various waters of the state or portions thereof as pro- ,�i�j
vided in this section.Such standards shall be consistent with the federal Water Pollution I
to investigate ororder the person .y Control Act and shall be for the purpose of qualifying the state and its municipalities
the pollution to investigate all ' for available federal grants and for the purpose of providing clear and objective public
nay directly or indirectly result,_ policy statements of a general program to improve the water resources of the state;
itten complaint by the Commis- provided no standard of water quality adopted shall plan for,encourage or permit any
municipality,the warden or any wastes to be discharged into any of the waters of the state without having first received
ire district or a local or district the treatment available and necessary for the elimination of pollution. Such standards
)r order the person who caused 1 of quality shall: (1) Apply to interstate waters or portions thereof within the state; (2)
i
244 ENVIRONMENTAL PROTECTION Title 22a Ch. 439 ENVIRONMENTAL P
AND S'
Sec. 22a-5b. Special funds and accounts administered by the department.Re-
port required.On orbefore February fifteenth,annually,the Commissioner of Environ- punishable as a criminal offense under s�
mental Protection shall submit a report to the joint standing committee of the General tract for the construction or repair of any
Assembly having cognizance of matters relating to appropriations and the bydgets of his control and management, make or c(
state agencies, through the legislative Office of Fiscal Analysis. The report shall set or addition to any other real asset under
forth,for the current and the ensuing fiscal year,the estimated expenditure requirements or leased premises, involving an expend
and estimated revenue for each special fund or special account administered by the and, with prior approval of the Commis
Department of Environmental Protection.The report shall also set forth,for such fiscal the making of any alteration,repair or ad,
years,for each program which receives funds from a special fund or account:The number and management involving an expenditu
of positions funded by such fund or account, the estimated expenditures for personal but not more than one million dollars; (1
services, other expenses and equipment,and estimated revenue. the provisions of chapter 54 require the pa:
(June Sp.Sess.P.A.91-10,S.14,20.) cost of the search, duplication and revie
Information Act, as defined in section 1-:
acting upon an application for and monito
Sec. 22a-6. Commissioner to establish environmental standards,regulations of any state or federal permit,license,regi
and fees,to make contracts and studies and to issue permits.Complaints.Hearings. pursuant to subsection (i)of section 22a-
Bonds. Notice of contested cases. (a) The commissioner may: (1) Adopt, amend or subsections(h),(i)and(k)of section 22a
repeal,in accordance with the provisions of chapter 54,such environmental standards, 22a-134e,22a-135,22a-148,22a-150,21
criteria and regulations,and such procedural regulations as are necessary and proper to 22a-342, 22a-345, 22a-361, 22a-363c, 2,'
carry out his functions, powers and duties; (2) enter into contracts with any person, 22a-416, 22a-428 to 22a-432, inclusive,
firm,corporation or association to do all things necessary or convenient to carry out the and Section 401 of the federal Clean Wate1
functions,powers and duties of the department;(3)initiate and receive complaints as to but are not limited to the costs of(A)publ
any actual or suspected violation of any statute,regulation,permit or order administered, incidental to the issuance of and monitorit
adopted or issued by him. The commissioner shall have the power to hold hearings, t orders, certificates and approvals, and (C
administer oaths,take testimony and subpoena witnesses and evidence,enter orders and applicant shall pay the fee established in a
institute legal proceedings including, but not limited to, suits for injunctions, for the prior to the final decision of the commiss
enforcement of any statute,regulation,order or permit administered,adopted or issued may postpone review of an application ur
by him;(4)in accordance with regulations adopted by him,require,issue,renew,revoke, ' for monitoring compliance with the terms,
modify ordeny permits,under such conditions as he may prescribe,governing all sources = as the commissioner deems necessary and
of pollution in Connecticut within his jurisdiction;(5)in accordance with constitutional and(11)by regulations adopted in accorda
limitations, enter at all reasonable times, without liability, upon any public or private the payment of a fee sufficient to cover tf
property,except a private residence,for the purpose of inspection and investigation to - for information concerning the status of rea
ascertain possible violations of any statute, regulation, order or permit administered, ' ronmental statutes,regulations,permits or
adopted or issued by him and the owner,managing agent or occupant of any such prop- 1equesting such information at the time of tl
erty shall permit such entry,and no action for trespass shall lie against the commissioner thousand dollars received by the commis:
for such entry,or he may apply to any court having criminal jurisdiction for a warrant n, 22a-174,during the fiscal year ending Jun(
to inspect such premises to determine compliance with any statute,regulation,order or Fund and credited to the appropriations of t
permit administered,adopted or enforced by him,provided any information relating to ` in accordance with the provisions of sectic
secret processes or methods of manufacture or production ascertained by the commis- June 30, 1986. In any action brought agai
sioner during,or as a result of,any inspection,investigation,hearing or otherwise shall within his scope of delegated authority in p,
be kept confidential and shall not be disclosed except that,notwithstanding the provi- employee shall be represented by the Attoi
sions of subdivision (5) of subsection (b) of section 1-210, such information may be
disclosed by the commissioner to the United States Environmental Protection Agency _ (b) Notwithstanding the provisions of s
pursuant to the federal Freedom of Information Act of 1976,(5 USC 552)and regulations .,shall be required to pay more than fifty per
adopted thereunder or,if such information is submitted after June 4,1986,to any person loner pursuant to said subsection and any
pursuant to the federal Clean Water Act(33 USC 1251 et seq.);(6)undertake any studies, I
,. ' er May 15, 1984, and prior to October
inquiries,surveys or analyses he may deem relevant,through the personnel of the depart- ent of any amount so paidagainst the
ment or in cooperation with any public or private agency,to accomplish the functions, section(c)on or after October 1, 1985.
powers and duties of the commissioner;(7)require the posting of sufficient performance
bond or other security to assure compliance with any permit or order; (8)provide byO The commissioner shall adopt regul
notice printed on any form that any false statement made thereon or pursuant thereto isAter 54 establishing a separate fee schedu
PROTECTION Title 22a Ch. 439 ENVIRONMENTAL PROTECTION DEPARTMENT 245
AND STATE POLICY
s administered by the department.Re.
annually,the Commissioner of Envirori= punishable as a criminal offense under section 53a-157b;(9)construct or repair or con-
joint standing committee of the Genera' tract for the construction or repair of any dam or flood and erosion control system under
ing to appropriations and the budgets of his control and management,make or contract for the making of any alteration,repair
of Fiscal Analysis. The report shall se't or addition to any other real asset under his control and management,including rented
•,the estimated expenditure requirements or leased premises, involving an expenditure of five hundred thousand dollars or less,
or special account administered by the and, with prior approval of the Commissioner of Public Works, make or contract for
report shall also set forth,for such fiscal the making of any alteration,repair or addition to such other real asset under his control
om a special fund or account:The number and management involving an expenditure of more than five hundred thousand dollars
the estimated expenditures for personal but not more than one million dollars; (10)by regulations adopted in accordance with
;stimated revenue. the provisions of chapter 54 require the payment of a fee sufficient to cover the reasonable
cost of the search, duplication and review of records requested under the Freedom of
Information Act,as defined in section 1-200,and the reasonable cost of reviewing and
acting upon an application for and monitoring compliance with the terms and conditions
environmental standards,regulations of any state or federal permit,license,registration,order,certificate or approval required
o issue permits.Complaints.Hearings. pursuant to subsection(i)of section 22a-39,subsections(c)and(d)of section 22a-96,
ommissioner may: (1) Adopt, amend or: subsections(h),(i)and(k)of section 22a-424,and sections 22a-6d,22a-32,22a-134a,
iapter 54,such environmental standards, 22a-134e,22a-135,22a-148,22a-150,22a-174,22a-174a,22a-208,22a-208a,22a-209,
-gulations as are necessary and proper to 22a-342, 22a-345, 22a-361, 22a-363c, 22a-368,22a-372, 22a-379, 22a-403, 22a-409,
2) enter into contracts with any person, 22a-416, 22a-428 to 22a-432, inclusive, 22a-449 and 22a-454 to 22a-454c, inclusive,
s necessary or convenient to carry out the and Section 401 of the federal Clean Water Act,(33 USC 1341).Such costs may include,
t;(3)initiate and receive complaints as to but are not limited to the costs of(A)public notice,(B)reviews,inspections and testing
regulation,permit or order administered, incidental to the issuance of and monitoring of compliance with such permits,licenses,
shall have the power to hold hearings; orders, certificates and approvals, and (C) surveying and staking boundary lines. The
witnesses and evidence,enter orders and applicant shall pay the fee established in accordance with the provisions of this section
limited to, suits for injunctions, for the prior to the final decision of the commissioner on the application. The commissioner
�r permit administered,adopted or issued may postpone review of an application until receipt of the payment. Payment of a fee
)ted by him,require,issue,renew,revoke, for monitoring compliance with the terms or conditions of a permit shall be at such time
is he may prescribe,governing all sources as the commissioner deems necessary and is required for an approval to remain valid;
ion;(5)in accordance with constitutional and(11)by regulations adopted in accordance with the provisions of chapter 54,require
lout liability, upon any public or private the payment of a fee sufficient to cover the reasonable cost of responding to requests
irpose of inspection and investigation to for information concerning the status of real estate with regard to compliance with envi-
-gulation, order or permit administered, ronmental statutes,regulations,permits or orders.Such fee shall be paid by the person
ging agent or occupant of any such prop- requesting such information at the time of the request.Funds not exceeding two hundred
-espass shall lie against the commissioner thousand dollars received by the commissioner pursuant to subsection (g) of section
aving criminal jurisdiction for a warrant 22a-174,during the fiscal year ending June 30, 1985,shall be deposited in the General
.nce with any statute,regulation,order or - Fund and credited to the appropriations of the Department of Environmental Protection
din,provided any information relating to in accordance with the provisions of section 4-86, and such funds shall not lapse until
r production ascertained by the commis- _ June 30, 1986. In any action brought against any employee of the department acting
investigation,hearing or otherwise shall within his scope of delegated authority in performing any of the above-listed duties,the
i except that, notwithstanding the prove- employee shall be represented by the Attorney General.
section 1-210, such information may be
States Environmental Protection Agency: (b) Notwithstanding the provisions of subsection(a)of this section no municipality
Act of 1976,(5 USC 552)and regulations shall be required to pay more than fifty per cent of any fee established by the commis-
zbmitted after June 4,1986,to any person sioner pursuant to said subsection and any municipality which paid any such fee on or
C 1251 et seq.);(6)undertake any studies, after May 15, 1984, and prior to October 1, 1985, shall be entitled to a credit to the
:want,through the personnel of the depart- extent of any amount so paid against the payment of any fees required pursuant to
+ate agency,to accomplish the functions, subsection(c)on or after October 1, 1985.
uire the posting of sufficient performance
with any permit or order; (8)provide by (c) The commissioner shall adopt regulations in accordance with the provisions of
ment made thereon or pursuant thereto is chapter 54 establishing a separate fee schedule for the payment of fees by municipalities.
246 ENVIRONMENTAL PROTECTION Title 22a Ch. 439 ENVIRONMENTAL
AND
The schedule of fees paid by municipalities pursuant to section 22a-430 shall be gradua-
ted and reflect the sum of the average daily flows of wastewater in a municipality of fee tocovercostof reviewing application for and in(
for permit. certificates or approvals,and provided that all funds
applying P Sec.19-508 during fiscal year 82-83 shall be deposite,
not lapse until June 30,1984;P.A.82-180 amended Su
(d) The Commissioner of Environmental Protection shall provide notice of any Protection Agency pursuant to federal law;P.A.83-5'
proceeding involving a specific site if any decision by the commissioner concerning acting upon and monitoring compliance with permits
of payment for an application and any subsequent moi
such site is contested. The notice shall be sent to the chief executive officer of the for deposit of funds received in general fund and time
municipality in which such site is located and to each member of the legi slature in whose the commissioner of environmental protection to cons
district such site is located.A copy of such notice shall be made a part of the record of an expenditure of less than two Hundred fifty o lvin
alteration of any real asset under his control invoh�in
any other proceeding before the commissioner on such site. the same for real assets involving an expenditure ben
dollars,with the prior approval of the commissioner o
(e) Whenever the commissioner issues an order to enforce any statute,regulation, commissioner to contract for repairs,etc.costing fifty i
permit or order administered or issued b him, an person or municipality aggrieved between twenty-five thousandandfiftythousanddolla
P Y Y P P Y bb ing compliance with the terms and conditions of any re;
by such order may, except as otherwise provided by law, request a hearing before the 22a-174 and which are earmarked for the department(
commissioner within thirty days from the date such order is sent.Such hearing shall be to two hundred thousand dollars;P.A.84-546 made t
P.A.85-392 amended Subdiv.(10)to authorize a fee I
conducted in accordance with the procedures provided by chapter 54. 209;P.A.85-515 made existing provisions Subsec.(
and adoption of regulations establishing municipal fee
(f) The provisions of sections 22a-45a and 22a-174,Subsection (r)Of section 22a- municipality paying fee on or after May 15,1984,and
208a, sections 22a-349a, 22a-354 22a-378a, 22a-411 and 22a-430b and subsection Subsecs.(b)and(c);P.A.86-277 amended Subdiv.
P• regulations that incorporate amendments to federal la,
(d)of section 22a-454 which authorize the issuance of general permits shall not affect fifteen persons or more or a governmental subdivisiot
s the authority of the commissioner, under any statute or regulation, to abate pollution disclosure of information submitted after June 4, 19£
ol
or to enforce the laws under his jurisdiction, including the authority to institute legal amended Subdiv.(1)of Subsec.g s e delete es;Pprov.i P.A.
.l g Y g re notice of proceedings involving specific sites;P.A.
proceedings. Such proceedings may include summary suspension in accordance with commissionerto charge a fee to determine the status ol
subsection(c)of section 4-182.The commissioner may reissue,modify,revoke or sus- editor ally by thecommissionerRrs to alphabetic
is indicators
numeric
editorially by the Revisors to alphabetic indicators in
pend any general permit in accordance with the procedures set forth for the issuance of expenditure limits in Subsec.(a)(9);P.A.89-197 an
such permit. hazardous waste establishments under Sec.22a-134a
fees covercostof search,duplication and review ofrec(
The Commissioner of Environmental Protection ma ado t regulations in ac- to Sees.22a-6d,22a-134e,22a-13s,22a-148,22a-I50
(g) Y P In 454a to 22a-454c,inclusive;P.A.91-200 amended
cordance with the provisions of chapter 54,establishing a schedule of subscription fees = dollarsorless,eliminating previous distinction betwee
to cover the reasonable cost to the Department of Environmental Protection of re- other real assets and to increase expenditure limit wht
one million dollars;P.A.92-51 added Subsec.(e)re
sponding to requests for notices of applications for permits and other licenses and tenta- y Subsec,(f)re authority of commissioner relative to gt
tive determinations thereon issued by the commissioner. (a)to authorize the commissioner to adopt regulatior
401 of the federal Clean WaterAct;P.A.93-428 added t
(h) The commissioner may adopt regulations pertaining to activities for which the effectiveJuly 1,1993;P.A.96-145 deleted areference
' (a)by inserting reference to Sec.1-I8a;P.A.98-134
federal government has adopted standards or procedures.All provisions of such regula- applicable federal standards.
tions which differ from the applicable federal standards or procedures shall be clearly See chapter 54 re uniform administrative procedut
distinguishable from such standards or procedures either on the face of the proposed See Sec.22a-27i re exemption of municipality for
regulation or through supplemental documentation accompanying the proposed regula- Cited.192 C.591,596.Cited.204 C.38,44."En,
tion at the time of the public hearing on such regulation required under chapter 54.An Cited.215 C.82,86.Cited.227 C.545,559.
explanation for all such provisions shall be included in the regulation-making record Cited.19 CA 216,220.
required under chapter 54. This subsection shall apply to an regulation for which a Subsec.(a>:
q p pp y y g Subdiv.(3)cited.237 C.135,136,157,158.
notice of intent to adopt is published on and after July 1, 1999. Subdiv.(3)cited.41 CA 120,121.
*J Subsec.(d):
(1971,P.A.872,S.7;P.A.73-665,S.3,17;P.A.74-188;P.A.81-227,S.1;P.A.82-91,S.17,38;82-180;P.A.83- Cited,239 C.124.
555,S. 1;June Sp.Sess.P.A.83-38,S.3;P.A.84-120,S.2;84-542,S.5;84-546,S.68,173;P.A.85-392,S.1,5;85- Subsec.(e):
515,S.1;P.A.85-571,S.14;P.A.86-277,S.1,4;86-403,S.48,132;P.A.87-98;87-144;87-219,S.1,2;87-496,S.90, Cited.229 C.654,659,662.
110;P.A.89-139;89-197;P.A.90-231,S.22,28;P.A.91-200,S.1,3;P.A.92-51;92-162,S.2,25;92-217,S.1,5;P.A•
93-428,S.13,39;P.A.96-145,S.9;P.A.97-47,S.44;P.A.98-134,S.3.)
History:P.A.73-665 replaced alphabetic Subdiv.indicators with numeric ones,deleted listing of specific sections and Sec. 22a-6a. Violators liable t0 5
chapters with regard to which commissioner has power,granted commissioner power to make"procedural regulations', not exclusive of others. (a) Any per;
deleted references to powers of commissioner's agents,empowered commissioner to control permits,allowed commis-
provision Of Section 14-1 OOb Or 14-1E
sioner to obtain warrant for inspection purposes,empowered commissioner to require performance bonds and to provide
notice that false statement is a criminal offense and deleted provisions re procedure for hearings held by commissioner or " 15-121, section 15-171, 15-172, 15-1
hearing officer appointed by him;P.A.74-188 added Subdiv.(9)re commissioner's power to make contracts;P.A.$1- 441
subsei
227 authorized the commissioner to enter upon private property without liability and without being subject to suit for , section -174, a 22a-74, -177,
trespass and required that attorney general represent department employees in suits against them for actions performed to 22a"171, 22a-174, 22a-175, 22a-177,
course of their duties;P.A.82-91 added Subdiv.(10)which authorized commissioner,by regulation,to require payment 22a-208,22a-208a,22a-209,22a-213
PROTECTION Title 22a Ch. 439 ENVIRONMENTAL PROTECTION DEPARTMENT 247
AND STATE POLICY
rsuant to section 22a-430 shall be gradua-
/ flows of wastewater in a muniCipalitY of fee to cover cost of reviewing application for and monitoring compliance with terms of various permits,licenses,orders,
certificates or approvals,and provided that all funds received by commissioner under this section and subsection(g)of
Sec.19-508 during fiscal year 82-83 shall be deposited in general fund,credited to appropriations of department and shall
1 Protection shall provide notice Of not lapse until June 30,1984;P.A.82-180 amended Subdiv.(5)to authorize disclosure of information to the Environmental
P any Protection Agency pursuant to federal law;P.A.83-555 empowered the commissioner to require the payment of a fee for
eClsiOri by the commissioner concerning acting upon and monitoring compliance with permits required by Secs.22a-424,22a-174 and 22a-368,specified the time
ent to the chief executive officer of the of payment for an application and any subsequent monitoring of compliance with the terms of a permit and extended time
for deposit of funds received in general fund and time at which funds lapse by one year;June Sp.Sess.P.A.83-38 allowed
o each member of the legislature in whose the commissioner of environmental protection to construct or repair any dam or flood or erosion control system involving
►tice shall be made a part of the record of an expenditure of less than two hundred fifty thousand dollars and allowed the commissioner to contract for the repair or
:r On SUCK Site. alteration of any real asset under his control involving an expenditure of one hundred thousand dollars or less and to do
the same for real assets involving an expenditure between one hundred thousand dollars and two hundred fifty thousand
dollars,with the prior approval of the commissioner of administrative services,replacing provision which had authorized
i order to enforce any statute,regulation,_ commissioner to contract for repairs,etc.costing fifty thousand dollars or less but which had required bids for expenditures
between twenty-five thousand and fifty thousand dollars;P.A.84-120 amended Subdiv.(10)to authorize a fee for monitor-
ri, any person Or municipality aggrieved
ing compliance with the terms and conditions of any registration;P.A.84-542 limited the funds received pursuant to section
ded by law, request a hearing before the 22a-174 and which are earmarked for the department of environmental protection for the fiscal year ending June 30,1985,
such order is sent.Such hearing Shall be to two hundred thousand dollars;P.A.84-546 made technical changes to section and added language re payment of fee;
provided by chapter 54. P.A.85-392 amended Subdiv.(10)to authorize a fee for solid waste permits,adding references to Secs.22a-208 and 22a-
209;P.A.85-515 made existing provisions Subsec.(a)and added Subsec.(b),re amount of fees paid by municipalities
and adoption of regulations establishing municipal fee schedules;P.A.85-571 added provision in Subsec.(b)entitling any
d 22a-174, subsection(r)of Section 22a-, municipality paying fee on or after May 15,1984,and prior to October 1,1985 to a credit,and divided Subsec.(b)to create
Subsecs.(b)and(�);P.A.86-277 amended Subdiv.(1)of Subsec.(a)by requiring public hearings for amendments to 1, 22a-411 and 22a-430b and subsection
regulations that incorporate amendments to federal law which is a part of state regulation only upon request of a group of
Dance Of general permits Shall not affect fifteen persons or more or a governmental subdivision or agency,and amended Subdiv.(5)of Subsec.(a)by authorizing
statute or regulation, to abate pollution disclosure of information submitted after June 4,1986;P.A 86-403 made technical changes in Subsec.(a);P.A.87-98
including the authority t0 institute le al amended Subdiv.(1)of Subsec.(a)to delete provisions re public hearings on regulations;P.A.87-144 added Subsec.(d)
g _ re notice of proceedings involving specific sites;P.A.87-219 amended Subsec.(a)by adding Subdiv.(11)authorizing the
;ummary suspension in accordance with commissioner to charge a fee to determine the status of real estate;P.A.87-496 substituted"public works"for"administra-
oner may reissue,modify,revoke or sus-, tive services"commissioner in Subsec.(a);the numeric subparagraph indicators in Subdiv.(10)of Subsec.(a)were changed
e procedures Set forth for the issuance Of editorially by the Revisors to alphabetic indicators in 1989 in the interests of consistency of usage;P.A.89-139 doubled
. expenditure limits in Subsec.(a)(9);P.A.89-197 amended Subdiv.(10)to authorize a fee for reviews of transfers of
hazardous waste establishments under Sec.22a-134a;P.A.90-231 amended Subdiv.(10)of Subsec.(a)to require that
fees cover cost of search,duplication and review of records requested under freedom of information act and to add references
Protection may adopt regulations,In aC- to Secs.22a-6d,22a-134e,22a-135,22a-148,22a-150,22a-174a,22a-363c,22a-372,22a-379,22a-409,22a-449 and 22a-
454a to 22a-454c,inclusive;P.A.91-200 amended Subsec.(a)to authorize all expenditures of five hundred thousand
ablishing a schedule of subscription fees " dollarsorless,eliminating previous distinction between expenditures for dams or flood control systems and those involving
ent Of Environmental Protection of re- other real assets and to increase expenditure limit where prior approval has been obtained from five hundred thousand to
one million dollars;P.A.92-51 added Subsea(e)re hearings on orders of the commissioner;P.A.92-162 added new
for permits and other licenses and tenta- Subsec.(f)re authority of commissioner relative to general permits issued under title 22a;P.A.92-217 amended Subsec.
missioner. (a)to authorize the commissioner to adopt regulations re fees for applications and monitoring compliance with Section
401 of the federal Clean Water Act;P.A.93-428 added new Subsea(g)re subscription fees fornotices of permit applications,
ins pertaining to activities for which the effective July 1,1993;P.A.96-145 deleted a reference to repealed Sec.22a-384in Subsec.(a);P.A.97-47 amended Subsec.
(a)by inserting reference to Sec.1-18a;P.A.98-134 added new Subsec.(h)re adoption of regulations which differ from
rocedures.All provisions of such re ula-
P g applicable federal standards.
standards or procedures shall be clearly See chapter 54 re uniform administrative procedure.
lures either on the face of the proposed See Sec.22a-27i re exemption of municipality for one year.
tion accompanying the proposed regula- Cited.192 C.591,596.Cited.204 C.38,44."Environmental policy act(Secs.22a-1-22a-13)"cited.Id.,212 et seq.
egulation required under chapter 54.An Cited.215 C.82,86.Cited.227 C.545,559.
Cluded in the regulation-making record Cited.19 CA 216,220.
all apply to regulation for which a Subsec.(a):
PP y any re g Subdiv.(3)cited.237 C.135,136,157,158.
ter July 1, 1999. Subdiv.(3)cited.41 CA 120,121.
Subsec.(d):
�.81-227,S. 1;P.A.82-91,S.17,38;82-180;P.A.83- Cited.239 C.124.
542,S.5;84-546,S.68,173;P.A.85-392,S. 1,5;85 Subsee.(e):
132;P.A.87-98;87-144;87-219,S.1,2;87-496,S.90, Cited.229 C.654,659,662.
1,3;P.A.92-51;92-162,S.2,25;92-217,S.1,5;P.A.
34,S.3.)
ith numeric ones,deleted listing of specific sections and See. 22a-6a. Violators liable to state for costs and expenses.Statutory remedy
:ommissioner power to make"procedural regulations", not exclusive of others. (a) Any person who knowingly or negligently violates any
red commissioner control permits,allowed commis-
missioner to requirere performance bonds and to provide Provision of section 14-100b or 14-164c, subdivision (3) of subsection (b) of section
ions re procedure for hearings held by commissioner or 15-121, section 15-171, 15-172, 15-175, 22a-5, 22a-6 or 22a-7, chapter 440, chapter
i re commissioner's power to make contracts;P.A.81-
or 441 section 22a-69 or 22a-74 subsection b of section 22a-134 , section 22a-162,
mployees in suits against them for actions performed in
without liability and without being subject to suit for 22a-171, 22a-174, 22a-175, 22a-177, 22a-178, 22a-181, 22a-183, 22a-184, 22a-190,
rrized commissioner,by regulation,to require payment 22a-208, 22a-208a,22a-209, 22a-213, 22a-220,22a-225,22a-231, 22a-336, 22a-342,
Northeast111'. tirldrn Street. Berlin.CT 00087
Utilities System Northeast t tilitivs Service :0111ltam
P.O. Box 270
Ilartford. (:'I 00141-02-0
(800)005-5000
January 3, 2000
D15315
Michael P. Senyk, Environmental Analyst
Permitting, Enforcement, &Remediation Division
Bureau of Water Management
Connecticut Department of Environmental Protection
79 Elm Street
Hartford, Connecticut 06106-5127
Reference: Letter(C09716),M.J. Harder to J.F. Barresi, dated October 20, 1999.
Dear Mike:
Barber Hill Road Substation
Proposed Work Plan: Groundwater Assessment
As requested in the reference letter, The Conneeh6ut Light and Power Company (CL&P)
submits a proposed work plan to assess groundwater at CL&P's Barber Hill Road Substation in
South Windsor, Connecticut.
Northeast Utilities Service Company (NUSCO), as agent for CL&P, will conduct the
investigation. NUSCO is proposing a two (2) phase approach. The first phase will focus on the
upgradient/northern and western portion of the property to determine if solvents are migrating
onto the property. The results will be discussed with representatives of Connecticut Department
of Environmental Protection to determine if a second phase along the southern/downgradient
portion of the property will need to be conducted. NUSCO plans to commence Feld activities
the week of January 10, 2000.
If you have any questions or comments, please call Mr. James T. Adamik, NUSCO
Environmental Services,at(860) 665-3045.
Very truly yours,
CONNECTICUT LIGHT AND POWER COMPANY
Joseph F. Barrek,Director_
Michael P. Senyk
D15315/page 2
January 3, 2000
CC: (w/work plan)
Mr. Robert Deptula, Sanitarian
South Windsor Health Department
1540 Sullivan Avenue
South Windsor,CT 06074-2734
Mr.Ronald P.Klattenberg,NUSCO
Mr. James T. Adamik,NUSCO
Mr.Donald Fleming, CL&P
Mr.Francis A. Ginocchi, CL&P
Mr.Richard H. Willis, CL&P
Mr. Ronald C.Nichols,NUSCO
WORK PLAN
TO ASSESS GROUNDWATER
AT THE BARBER HILL ROAD SUBSTATION
IN SOUTH WINDSOR, CONNECTICUT
Prepared by
Northeast Utilities Service Company
For The Connecticut Light and Power Company
December 1999
a �
TABLE OF CONTENTS
1.0 INTRODUCTION..................................................................................................................... 1
2.0 SITE DESCRIPTION....................................................................................................:.......... 1
2.1 Location...........................:..........................................................._.......................................1
2.2 Physical Setting.................................................................................................................. 1
3.0 PROPOSED SITE INVESTIGATION ....................................................................................3
3.1 Monitoring Wells ................................................................................................................3
3.2 Groundwater Sampling......................................................................................................3
3.3 Implementation Schedule..................................................................................................4
4.0 REFERENCES..........................................................................................................................5
5.0 FIGURES..................................................................................................................................6
6.0 APPENDICES...........................................................................................................................
i
LIST OF FIGURES
1. Location of the Barber Hill Road Substation in South Windsor, Connecticut
2. Proposed Monitoring-Well-Cluster Locations at the Barber Hill Road Substation in South
Windsor, Connecticut.
3. Schematic Diagrams showing the Construction of the Proposed Monitoring Wells.
ii
LIST OF APPENDICES
1. Monitoring Well Installation Plan
2. Groundwater Sampling Plan
3. Health and Safety Plan(HASP)
N4
111
i
1.0 INTRODUCTION
On April 21 and 29, 1999, representatives of the Connecticut Department of Environmental
Protection (CTDEP) conducted a limited subsurface investigation at the Barber Hill Road
Substation in South Windsor, Connecticut. The investigation was prompted by the findings of
chlorinated solvents, trichloroethylene (TCE) and tetrachloroethylene (PCE), in excess of the
Connecticut Department of Public Health's drinking water action level in domestic wells
topographically down gradient of the Substation. DEP reported levels of PCE (CTDEP, 1999) in
the overburden groundwater beneath the Substation at just above the 5-part per billion (ppb)
Ground-water Protection Criteria for GA and GAA areas level. In that same report, CTDEP
reported the findings of limited investigations on other adjacent properties. In particular, Dzen
Farm (244 Barber Hill Road) is both topographically and hydrologically upgradient of the
Substation. This site had levels of PCE.and TCE in the onsite septic tank and building floor
drains several orders of magnitude greater than Connecticut's Groundwater Protection Criteria.
DEP has identified the Dzen Farm as a likely source area. However, DEP has determined that the
CL&P Substation could also be a possible source area. Based on DEP's findings, the Substation
is located in a recharge area with divergent shallow groundwater flow and the mere presence of
the PCE signifies past usage.
DEP has requested Northeast Utilities to conduct a subsurface investigation to determine if the
Substation is a source area for the solvent contamination in the nearby domestic wells. Northeast
Utilities Service Company, as agent for The Connecticut Light and Power Company, will
perform the work presented in this plan. '
2.0 SITE DESCRIPTION
2.1 Location
The Barber Hill Road Substation is located on Barber Hill Road approximately 1.500 feet north
of the intersection with Miller Road in South Windsor, Connecticut. Map bearings of the
Substation are 41' 51' 03" North and 72' 31' 44" West. The Substation is depicted on Figure 1.
The Substation and surrounding properties are zoned rural residential (Town of South Windsor,
1989).
2.2 Physical Setting
The Substation is located in Central Lowland physiographic province of Connecticut (CTDEP,
1985). The topography surrounding the Substation gradually slopes from north and east to west
with the residences on Barber Hill Road,between the Substation and the intersection with Miller
Road,in a topographically lower setting.
Surface material below the man-made gravel cover is mostly a till consisting of a reddish brown
nonsorted mixture of clay, silt, sand, pebbles and cobbles (Colton, 1965). Depth to bedrock
varies from less than 10 feet to 50 feet and slopes eastward (Handman and Colton, 1973).
Bedrock beneath the Substation is mapped as Portland Arkose (CTDEP, 1985). Bedrock consists
1
of reddish brown to maroon micaceous arkose and siltstone and red to black fissile silty shale.
Bedrock may also contain a coarse conglomerate (fanglomerate).
Environmentally, the area is designated as residential land use. Groundwater beneath the
substation is mapped as GA(CTDEP, 1998). For the purposes of this investigation, the results of
groundwater samples will be compared to Connecticut's Remediation Standards in Section 22a-
133k-1 under,Protection Criteria for Ground-Water in GA and GAA areas and Surface Water.
14'4
2
6 a
3.0 PROPOSED SITE INVESTIGATION
3.1 Monitoring Wells
Eight (8)monitoring well cluster locations are depicted on Figure 2. These locations were based
on the conceptual model that combines both the physical/chemical properties of the PCE and
TCE and the subsurface lithology to determine if solvent impacted groundwater is migrating
into areas beneath the Substation. PCE and TCE have specific gravities (SG) of 1.62 (DOW,
1996) and 1.46 (DOW, 1990), respectively. Heavier than water compounds (S(; > 1.00) will
have a propensity to sink in groundwater until a lithologic discontinuity andior impermeable
layer is encountered. Then, they will likely migrate along that feature in a topographic
downgradient direction.
As presented, the subsurface is broadly_divided into the overburden and bedrock. As the first
phase on the upgradient portion of the property, NUSCO proposes to install overburden and
bedrock monitoring wells at each of the first four (4) monitoring well clusters (1-4). The
overburden well will be finished at a lithologic discontinuity that is either the
overburden/bedrock interface or an obvious impermeable layer (ie. clay or dense silt) below the
water table. The bedrock well will be drilled to a depth(130 - 150 feet below land surface) that is
equivalent to the depth of the impacted domestic wells near the Barber Hill and Miller Roads
intersection. The bedrock wells should tap the same intra-bedrock structure that has allowed the
migration of solvents to the domestic wells. General construction schematics of the overburden
.and bedrock wells are presented in Figure 3. Instal*ion procedures are given in Appendix 1.
All monitoring well measuring points will be surveyed to a common datum. Groundwater level
information will be obtained to determine groundwater flow directions.
After the groundwater level and quality data are reviewed, the results will be discussed with the
CTDEP and the need evaluated to install monitoring wells at well clusters 5-8.
3.2 Groundwater Sampling
Groundwater samples will be obtained from all monitoring wells to determine the quantity of
PCE and TCE present. U.S. EPA Method 8260 will be used for the analysis. Groundwater
sampling procedures are given in Appendix 2. All water extracted from the wells that is not used
for sample analysis will be containerized and characterized for proper disposal.
3
h
3.3 Implementation Schedule
Table 1 presents the project elements with proposed completion dates.
Table 1 —Proposed Project Schedule.
Project Work Element Proposed Completion Dates - 2000
Work Plan Submittal to CTDEP January 4
Monitoring Well Installation January 10-14
Monitoring Well Sampling February 10
Monitoring Well Sampling Results February 25
Communicate Results with CTDEP early March
Final Report 30 days following CTDEP Discussions and
finding the determination for no additional
well installations
4
4.0 REFERENCES
Colton,R. B.; 1965; Geologic Map of the Manchester Quadrangle Hartford and Tolland
Counties Connecticut; Map GQ-433,published by the U.S. Geological Survey;
Washington,D.C.; 1 sheet.
Connecticut Department of Environmental Protection(CTDEP); 1985;. Bedrock Geological Map
of Connecticut; compiled by John Rodgers of Yale University; 3 sheets.
1998; Water Quality Classifications Connecticut- Connecticut
River and South Central Coastal Basins: adopted February, 1993; sheet l of 3.
;September 2, 1999;DEP Subsurface Investigation: Barber Hill
Road Vicinity, South Windsor, Connecticut. Solvent Contamination Detected In
Residential Potable Wells.; letter report.
Dow Chemical U.S.A. Marketing; 1990;Material Safety Data Sheet for Trichloroethylene,
obtained from internet address -http://msds.pdc.comell.edu/mede/siri/q l 37/g 117.11tml: 4
pages.
1996;Material Safety Data Sheet for Tetrachloroeth)lane,
obtained from internet address -http://msds.pdc.comell.edu/msds/siri/g420/g154.htm1; 4
pages.
Handman, E.H. and Colton,R.B.; 1973;Depth To Bedrock, Manchester Quadrangle,
Connecticut; Miscellaneous Field Studies Map MF-425 B; 1 sheet.
Town of South Windsor; 1989;Zoning Map of the Town of South Windsor, Hartford County,
Connecticut; 1 sheet.
5
5.0 FIGURES
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5.0 FIGURES
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6.0 APPENDICES
7
s
Appendix 1 —Monitoring Well Installation Plan
8
1
Overburden Monitoring Well Development
• All overburden monitoring wells must be developed prior to the acquisition of groundwater
samples for laboratory analysis.
• The wells will be alternately bailed and surged with a disposable bailer.
• At least 10 well volumes should be extracted or the well dewatered. which ever is reached
first.
• Water retrieved during these procedures should be placed into a 55-gallon drum. After all
development and groundwater sampling has been concluded, the water will be tested for
hazardous waste determinations and disposed. If a discernible product layer is observed, the
free product must be collected in a separate container and disposed of properly.
Bedrock Monitoring Well Development
• Prior to sample aquisition, the bedrock monitoring wells will be allowed to equilibrate with
bedrock conditions for two (2)weeks.
10
a
APPENDIX 2-GROUNDWATER SAMPLING PLAN
11
GROUNDWATER SAMPLING PLAN
• Prior to conducting field activities; sampling equipment, sample containers, analytical
requirements, preservatives, chain-of-custody forms, and container labels should be
compiled.
• Don the appropriate Levels D personal protective equipment(gloves, hardhat, safety glasses,
hearing protection (if appropriate), and steel-toed shoes) before commencing field activities.
See HASP Appendix 3 for details.
• Use a photoionization detector to monitor the breathing zone for volatiles as defined in the
HASP-Appendix 3.Respond accordingly to action levels.
• Use an oil/water interface probe to measure depth to any immiscible layer (if present) and
water from an established measuring point(ie. casing rim).
• Use low-flow sampling techniques with a Waterra dedicated sample pump to sample the
wells. The Waterra system is composed of a foot valve installed at the end of dedicated
tubing and placed near the bottom of the well. The water level in the tube will rise to that in
the well. A rapid upstroke closes the foot valve and lifts the water column inside the tubing
to a distance equal to the stroke. At the end of the upstroke, the water column continues to
rise due to momentum.A further column of water is thus simultaneously drawn into the tube.
Pushing the tubing down immediately after the upstroke forces a further column of water
into the tubing due to inertia of the water column. The cycle is repeated and water rises in
pulses to discharge.
Overburden Monitoring Wells: �4
Remove a minimum of three (3)well v6lumes. Then,monitor in over several two (2)
to five (5) minute intervals the parameters of oxygen reduction potential, specific
conductance,pH,temperature,turbidity, and dissolved oxygen. When the parameters
have stabilized, collected the samples for laboratory analysis.
Bedrock Monitoring Wells:
Monitor over several two (2) to five (5) minute intervals the parameters of oxygen
reduction potential, specific conductance, pH, temperature, turbidity, and dissolved
oxygen. When the parameters have stabilized, collected the samples for laboratory
analysis
• Distribute the water samples into the appropriate sample containers. Preserve the samples as
required.
• Complete the chain-of-custody forms and transport the samples to the laboratory so that the
analyses is completed within the analytical extraction and holding times.
12
APPENDIX 3 -HEALTH AND SAFETY PLAN (HASP)
13
HEALTH AND SAFETY PLAN
(HASP)
for the Barber Hill Road Substation
on Barber Hill Road
South Windsor, Connecticut
Date Compiled - 12/15/99
1.O Introduction:
This Health and Safety Plan (HASP) defines the requirements and designates the protocols to be
followed at the Site during investigation, monitoring and remediation activities. Applicability
extends to all NUSCO employees and contractors as well as visitors.
Prior to entering the contaminant reduction zone or the exclusion zone,James T. Adamik,
NUSCO Project Lead, will inform (tailboard discussion) all site workers and visitors of all
requirements and protocols. Each worker or visitor may be requested to provide evidence they
meet all relevant OSHA requirements for training (Soc. 4.0), and medical monitoring (Sec. 6.0)
and respiratory protection requirements(if applicable).
This HASP will only be considered in full compliance with applicable federal, state, and local
regulations when all site workers and visitors sign section 13 0, Hazard Communication, on
page K.
This HASP was developed by consulting:
• OSHA 29 CFR 1910.120 and EPA 40 CFR 311
• U.S. EPA, OERR ERT Standard Operating Safety Guides
• NIOSH/OSHA/IJSCG/EPA Occ.Health and Safety Guidelines
• Threshold Limit Values from ACGIH.
2.0 Key Personnel
NUSCO Environmental Services Contact(Project Lead):
• Name-James T. Adamik Title - Scientist
• Location-Berlin, CT-N216
• Pager #7431 Tel.#(860) 665-3045
NUSCO Environmental Services Contact(Supervisor):
• Name-Ronald P.Klattenberg Title-Manager
• Location-Berlin, CT-N216
• Pager # 1479049 Tel.#(860) 665-3627
A
NUSCO Health and Safety Officer(HSO)
• Name-Jim Richardson Title - Safety and Health Administrator
• Location-Hartford AWC,Hartford,CT
• Pager #8711 Tel. #(860)280-2394
NUSCO Health and Safety Officer(HSO)
• Name-Milo Ozkan Title-Safety and Health Administrator
• Location-NUSCO Complex,Berlin,CT
• Pager #8714 Tel. #(860) 665-3265
Site Supervisor:
• Name-Rich Willis_Title - Supervisor, T&D Maint.
• Location-Tolland AWC,Tolland. CT
• Pager #5307 Tel.#(860) 871-3414
Site Environmental Coordinator:
• Name -Don Fleming Title-Regional Environmental Coordinator
• Location-Tolland AWC,Tolland, CT
• Pager #5008 Tel. #(860) 871-3456
Drilling Contractor:
• Name-Sima Drilling Company Title-Not Applicable
• Location-Cheshire, CT ,
• Pager #Contact Office Tel. #(203) 272-3077
Regulatory Agency Contact:
• Name - Michael Senyk Title - Environmental Analyst II
• Agency-Connecticut Department of Environmental Protection
• Address- 79 Elm Street
Hartford, CT 06106
• Tel. #(860)424-3782
Groundwater Sampling Team Lead:
• Name - Douglas P. Struthers Title -Environmental Specialist
• Location-Northeast Generation Company.,Rocky Hill. CT
• Pager # 3409 Tel.# (860) 665-3731
3.0 Task Safety and Health Risk Analysis
Briefly describe the objectives of site activities:
Conduct an initial investigation on the presence of Trichloroethylene (TCE) and
Tetrachloroethylene PCE)in the groundwater beneath the Barber Hill Road Substation.
Briefly describe site conditions that may present safety and health risks:
Residual levels of TCE and PCE may be encountered in drill cuttings (subsurface soils and
bedrock) and groundwater samples Respiratory., dermal and ingestion 12athwaYs are present
Steam cleaner is used use to decon drill rig - drill stem and hollow stem augers. Contact,
inhalation and flying debris hazards.
B
a +
Describe the safety and health risks and risk reduction for each task:
• Task# 1 - Surface and subsurface drilling
Safety and Health Risk(s)Dermal contact. ingestion and inhalation of organic vapors and
organic and inorganic impacted-soils
Risk Reduction-Wear jyvek overalls and nitrite gloves Monitor the breathing zone for
,organic vapors and evaluate before action levels are reached Do not place gloved hands
near your face or handle food Stand upwind of impacted soils
• Task#2-Lifting heavy equipment and loads
Safety and Health Risk(s)-Back strain
Risk Reduction-Use proper lifting techniques.
• Task#2 -Soil boring and monitoring well installations
Safety and Health Risk(s) -High noise levels.Exhaust from drill rig Overhead and buried
utilities. Moving parts on drill rig
Risk Reduction-Wear noise reducing ear plugs Avoid standing downwind of the drill rig
Check for overhead utilities and obstructions Check for buried utilities by contacting
Call-Before-You-Dig(1-800-922-44551 and work with Substation personnel to identify
the location of buried utilities and the appropriate distances to overhead utilities for
unqualified personnel . Be aware of moving parts on the drill rig Do not wear loose
clothing or dangling jewelry.
*14
• Task#4-Decontaminating Drilling Equipment"
Safety and Health Risk(s)-Injury from steam cleaner or flying debris
Risk Reduction-Be sure steam cleaner is in good working condition Wear work gloves and
safety glasses goggles or face shield Do not stand downstream of spray The operator
must not direct the spray in the direction of work crews or the public
• Task#5 -Monitoring well development and sampling
Safety and Health Risk(s) -Exposure to organic vapors Contacting organic and inorganic-
i=acted groundwater.
Risk Reduction-Stand upwind of monitoring wells and collection containers Wear nitrile
gloves and safety glasses, goggles or face shield Do not place gloved hands near your
face or handle food.
(For additional tasks.complete and attach copies of this page.)
C
Attach Applicable MSDSs
MSDS Compound List
(1) Trichloroethylene
(2) Tetrachloroethylene
(3) Methanol
(4)
14,
.r
D
DOW CHEMICAL U S A GOVERN...: 56530) - TRICHLOROETHYLENE, TECHNICA Page 1 of 4
DOW CHEMICAL U S A GOVERNMENT MARKETING -- NEU-TRI (R) SOLVENT (PRODUCT CODE: 5653
MATERIAL SAFETY DATA SHEET
NSN: 6810001844800
Manufacturer's CAGE: 96717
Part No. Indicator: A
Part Number/Trade Name: NEU-TRI (R) SOLVENT (PRODUCT CODE: 56530)
General Information
Item Name: TRICHLOROETHYLENE, TECHNICAL
Company's Name: DOW CHEMICAL U.S.A. , GOVERNMENT MARKETING
Company's Street: 2020 DOW CENTER
Company's City: MIDLAND
Company's State: MI
Company's Country: US
Company's Zip Code:. 48640-6030
Company's Emerg Ph #: 517-636-4400
Company's Info Ph #: 517-636-1000
Distributor/Vendor # 1: AMJAY CHEMICALS (713-492-2000)
Distributor/Vendor # 1 Cage: 64184
Record No. For Safety Entry: 010
Tot Safety Entries This Stk#: 010
Status: SE
Date MSDS Prepared: 14JUN90
Safety Data Review Date: 01NOV91
Supply Item Manager: CX
MSDS Preparer's Name: UNKNOWN
MSDS Serial Number: BDGYD
Specification Number: O-T-634
Spec Type, Grade, Class: TYPE II
Hazard Characteristic Code: T4
Unit Of Issue: DR
Unit Of Issue Container Qty: 55.0 GL y
Type Of Container: DRUM,METAL
Net Unit Weight: 668.7 LBS
Ingredients/Identity Information
-------------------------------------------------------------
Proprietary: NO
Ingredient: TRICHLOROETHYLENE (SARA III)
Ingredient Sequence Number: 01
Percent: 99.4
NIOSH (RTECS) Number: KX4550000
CAS Number: 79-01-6
OSHA PEL: 100 PPM/100 STEL
ACGIH TLV: 50 PPM/100,A5STEL;93
Other Recommended Limit: NONE SPECIFIED
-------------------------------------
Proprietary: NO
Ingredient: 1,2-BUTYLENE OXIDE (SARA III)
Ingredient Sequence Number: 02
Percent: 0.5
NIOSH (RTECS) Number: EK3675000
CAS Number: 106-88-7
OSHA PEL: NOT ESTABLISHED
ACGIH TLV: NOT ESTABLISHED
Other Recommended Limit: 40 PPM; 100 PPM MAX.
Physical/Chemical Characteristics
Appearance And Odor: CLEAR, COLORLESS LIQUID, CHLOROFORM-LIKE ODOR.
Boiling Point: 189F, 87C
Melting Point: -123F, -86C
Vapor Pressure (MM Hg/70 F) : 60
Vapor Density (Air=1) : 4.53
Specific Gravity: 1.46
Decomposition Temperature: UNKNOWN
http://msds.pdc.comell.edu/msds/siri/ql37/qII7.htm] 12109:'1999
DOW CHEMICAL U S A GOVERN...: 56530) - TRICHLOROETHYLENE, TECHNICA Page 2 of 4
Evaporation Rate And Ref: 4.46 (N-BUTYL ACETATE=1)
Solubility In Water: SLIGHT
Percent Volatiles By Volume: 100
Viscosity: UNKNOWN
Corrosion Rate (IPY) : UNKNOWN
Autoignition Temperature: 788F
Fire and Explosion Hazard Data
Flash Point: NONE
Flash Point Method: TCC
Lower Explosive Limit: 8.0
Upper Explosive Limit: 44.8
Extinguishing Media: WATER FOG
Special Fire Fighting Proc: WEAR A POSITIVE PRESSURE SELF-CONTAINED
BREATHING APPARATUS.
Unusual Fire And Expl Hazrds: STRONG UNPLEASANT ODOR. AUTOIGNITION
TEMPERATURE IS 788F, 420C.
--------------------------------
Reactivity Data
Stability: YES
Cond To Avoid (Stability) : AVOID OPEN FLAMES, WELDING ARCS, OR OTHER HIGH
TEMPERATURE SOURECS WHICH INDUCE THERMAL DECOMPOSITION OF SOLVENT VAPOR.
Materials To Avoid: STRONG ALKALIS, METALLIC ALUMINUM AND ZINC POWDERS.
Hazardous Decomp Products: WHEN INVOLVED IN FIRE, TRICHLOROETHYLENE EMITS
HIGHLY TOXIC AND IRRITATING HYDROGEN CHLORIDE AND PHOSGENE FUMES.
Hazardous Poly Occur: NO
Conditions To Avoid (Poly) : NOT APPLICABLE
-------------------------------------------
Health Hazard Data
LD50-LC50 Mixture: ORAL LD50 (RAT) = 4920 MG44'G
Route Of Entry - Inhalation: YES
Route Of Entry - Skin: NO
Route Of Entry - Ingestion: NO
Health Haz Acute And Chronic: ACUTE: MAY CAUSE EYE & SKIN IRRITATION. MAY
CAUSE RESPIRATORY TRACT IRRITATION. CENTRAL NERVOUS SYSTEM DEPRESSANT. LOSS
OF CONSCIOUSNESS AND EVEN DEATH CAN OCCUR AT HIGH LEVELS OF EXPOSURE.
PROLONGED OR REPEATED EXPOSURE MAY CAUSE SKIN IRRITATION. HIGH EXPOSURE
LEVELS HAVE CAUSED LIVER OR KIDNEY EFFECTS IN LAB ANIMALS.
Carcinogenicity - NTP: NO
Carcinogenicity - IARC: YES
Carcinogenicity - OSHA: NO
Explanation Carcinogenicity: A POS. RESPONSE HAS OCCURRED IN MICE GIVEN
LARGE DOSES OF TRICHLOROETHYLENE. NO CARCINOGENIC HAZARD TO MAN IS
INDICATED.
Signs/Symptoms Of Overexp: MAY CAUSE SLIGHT EYE IRRITATION. MAY CAUSE
DRYING OR FLAKING OF SKIN. MAY CAUSE REDDENING OF THE SKIN. VAPORS CAN
CAUSE ANESTHETIC OR IRRITANT EFFECTS, DIZZINESS, DRUNKENNESS,
UNCONSCIOUSNESS AND EVEN DEATH.
Med Cond Aggravated By Exp: INCREASED SENSITIVITY TO ADRENALINE MAY BE
CAUSED BY OVER EXPOSURE. PERSONS WITH LIVER OR KIDNEY DISEASE MAY BE AT
INCREASED RISK.
Emergency/First Aid Proc: INHALATION: REMOVE TO FRESH AIR. GIVE MOUTH-
TO-MOUTH RESUSCITATION IF NOT BREATHING. GIVE OXYGEN IF BREATHING IS
DIFFICULT. GET MEDICAL ATTENTION. EYES: FLUSH WITH RUNNING WATER FOR 15
MINUTES WHILE HOLDING EYELID. GET MEDICAL ATTENTION. SKIN: WASH WITH PLENTY
OF SOAP & WATER. REMOVE CONTAMINATED CLOTHING. GET MEDICAL ATTENTION.
INGESTED: DO NOT INDUCE VOMITING. GET MEDICAL ATTENTION IMMEDIATELY.
Precautions for Safe Handling and Use
Steps If Matl Released/Spill: SMALL SPILLS: MOP UP, WIPE UP OR SOAK UP
IMMEDIATELY. REMOVE TO OUT OF DOORS. LARGE SPILLS: EVACUATE AREA. CONTAIN
LIQUID; TRANSFER TO CLOSED METAL CONTAINERS. KEEP OUT OF WATER SUPPLY.
Neutralizing Agent: NONE
Waste Disposal Method: RECOMMENDED METHOD OF DISPOSAL OF UNUSED MATERIAL
http://msds.pdc.comell.edu/msds/siri/ql37/ql 17.html 12/09/1999
DOW CHEMICAL U S A GOVERN...:56530) - TRICHLOROETHYLENE, TECHNICA Page 3 of 4
IS TO SEND IT TO LICENSED RECLAIMERS OR TO PERMITTED INCINERATORS. ANY
DISPOSAL PRACTICE MUST BE IN COMPLIANCE WITH LOCAL, STATE AND FEDERAL
REGULATIONS. DO NOT DUMP INTO SEWERS OR ANY BODY OF WATER.
Precautions-Handling/Storing: HANDLE WITH REASONABLE CARE. AVOID BREATHING
VAPORS. STORE IN COOL PLACE. VAPORS ARE HEAVIER THAN AIR & WILL COLLECT IN
LOW OR ENCLOSED AREAS.
Other Precautions: DO NOT ENTER AREAS SUCH AS PITS, DEGREASERS, STORAGE
TANKS AND OTHER CONFINED AREAS WHERE VAPORS OF THIS PRODUCT ARE SUSPECTED
UNLESS SPECIAL BREATHING APPARATUS IS USED & AN OBSERVER IS PRESENT FOR
ASSISTANCE.
---------------------------------------------
Control Measures
Respiratory Protection: USE A NIOSH/MSHA APPROVED AIR-PURIFYING RESPIRATOR
WHEN EXPOSURE LEVELS SLIGHTLY EXCEED GUIDELINES. FOR HIGH EXPOSURE LEVELS
OR CONFINED AREAS, USE AN APPROVED POSITIVE-PRESSURE SELF-CONTAINED
BREATHING APPARATUS.
Ventilation: LOCAL EXHAUST VENTILATION MAY BE NECESSARY FOR SOME
OPERATIONS. USE ONLY WITH ADEQUATE VENTILATION.
Protective Gloves: NEOPRENE, PVA GLOVES RECOMMENDED.
Eye Protection: USE CHEMICAL SAFETY GOGGLES.
Other Protective Equipment: USE BOOTS, APRON AND WORK CLOTHING TO MINIMIZE
EXPOSURE AS REQUIRED. EYE WASH STATION AND SAFETY SHOWER RECOMMENDED.
Work Hygienic Practices: WASH THOROUGHLY AFTER HANDLING. AVOID CONTACT
WITH SKIN AND CLOTHING. DO NOT SMOKE WHILE USING THIS MATERIAL.
Suppl. Safety & Health Data: NOTE TO PHYSICIAN: OVEREXPOSURE WILL CAUSE
SYMPTOMS OF NARCOSIS AND, IF ACCOMPANIED BY ANOXIA, MAY TEMPORARILY
INCREASE CARDIAC IRRITABILITY. MAINTAIN ADEQUATE OXYGENATION UNTIL
RECOVERY. SYMPATHOMIMETIC AMINES, SUCH AS EPINEPHRINE, MAY PRECIPITATE
ARRHYTHMIAS. USE ONLY AFTER CAREFUL CONSIDERATION.
---------------Transportation-D to
---------- -----------------------------
Trans Data Review Date: 91305
DOT PSN Code: OQK
DOT Proper Shipping Name: TRICHLOROETHYLENE
DOT Class: 6.1
DOT ID Number: UN1710
DOT Pack Group: III
DOT Label: KEEP AWAY FROM FOOD
IMO PSN Code: OVL
IMO Proper Shipping Name: TRICHLOROETHYLENE
IMO Regulations Page Number: 6273
IMO UN Number: 1710
IMO UN Class: 6.1
IMO Subsidiary Risk Label: -
IATA PSN Code: YMD
IATA UN ID Number: 1710
IATA Proper Shipping Name: TRICHLOROETHYLENE
IATA UN Class: 6.1
IATA Label: TOXIC
AFI PSN Code: YMD
AFI Prop. Shipping Name: TRICHLOROETHYLENE
AFI Class: 6.1
AFI ID Number: UN1710
AFI Pack Group: III
AFI Special Prov: N36
AFI Basic Pac Ref: 10-10
Additional Trans Data: NONE
-----------------------------------
Disposal Data
Disposal Data Review Date: 88077
Rec # For This Disp Entry: 04
Tot Disp Entries Per NSN: 004
Landfill Ban Item: YES
Disposal Supplemental Data: MSDS NUMBER FROM DOW CHEMICAL USA DATED:10/05/
85; SPEC REFERENCE:O-T-634C, TYPE II. IN CASE OF ACCIDENTAL EXPOSURE OR
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DOW CHEMICAL U S A GOVERN...: 56530) - TRICHLOROETHYLENE, TECHNICA Page 4 of 4
DISCHARGE, CONSULT HEALTH AND SAFETY FILE FOR PRECAUTIONS.
1st EPA Haz Wst Code New: U228
1st EPA Haz Wst Name New: TRICHLOROETHYLENE; TRICHLOROETHENE
1st EPA Haz Wst Char New: TOXIC (T)
1st EPA Acute Hazard New: NO
Label Data
---------------------------------------------------------------------------
Label Required: YES
Technical Review Date: OINOV91
MFR Label Number: D979
Label Status: G
Common Name: NEU-TRI (R) SOLVENT (PRODUCT CODE: 56530)
Chronic Hazard: YES
Signal Word: WARNING!
Acute Health Hazard-Moderate: X
Contact Hazard-Moderate: X
Fire Hazard-Slight: X
Reactivity Hazard-None: X
Special Hazard Precautions: HARMFUL IF INHALED. CAN CAUSE DEATH IF TOO
MUCH IS BREATHED. HARMFUL IF SWALLOWED. MAY CAUSE SKIN IRRITATION. AVOID
BREATHING VAPOR. KEEP CONTAINER CLOSED. USE WITH ADEQUATE VENTILATION. DO
NOT TAKE INTERNALLY. WASH THOROUGHLY AFTER HANDLING. AVOID CONTACT WITH
SKIN AND CLOTHING. FIRST AID: IF ILL EFFECTS, SUCH AS DIZZINESS AND/OR
DRUNKENNESS OCCUR FROM EXPOSURE TO VAPORS, REMOVE TO FRESH AIR. IF NOT
BREATHING GIVE ARTIFICIAL RESPIRATION, PREFERABLY NOUTH TO MOUTH. IF
BREATHING IS DIFFICULT, GIVE OXYGEN. CALL A PHYSICIAN. IF SWALLOWED, DO NOT
INDUCE VOMITING. CALL A PHYSICIAN. IN CASE OF CONTACT, FLUSH SKIN WITH
PLENTY OF WATER.
Protect Eye: Y
Protect Skin: Y
Protect Respiratory: Y
Label Name: DOW CHEMICAL U.S.A. , GOVERNMENT._MARKETING
Label Street: 2020 DOW CENTER
Label City: MIDLAND
Label State: MI
Label Zip Code: 48640-6030
Label Country: US
Label Emergency Number: 517-636-4400
Year Procured: 1991
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DOW CHEMICAL U S A -- TETRACHLOROETHYLENE - TETRACHLOROETHYLENE,TECHNICAL
MATERIAL SAFETY DATA SHEET
NSN: 6810010993435
Manufacturer's CAGE: 96717
Part No. Indicator: A
Part Number/Trade Name: TETRACHLOROETHYLENE
General Information
Item Name: TE.TRACHLOROETHYLENE,TECHNICAL
Company's Name: DOW CHEMICAL U.S.A.
Company's Street: CHEMICAL AND METALS DEPARTMENT
Company's City: MIDLAND
Company's State: MI
Company's Country: US
Company's Zip Code: 48674
Company's Emerg Ph #: 517-636-4400
Company's Info Ph #: 800-258-2436
Distributor/Vendor # 1: AMJAY CORP DBA AMJAY CHEMICALS
Distributor/Vendor # 1 Cage: 64184
Record No. For Safety Entry: 007
Tot Safety Entries This Stk#: 007
Status: SE
Date MSDS Prepared: 29FEB96
Safety Data Review Date: 11FEB98
Supply Item Manager: CX
MSDS Preparer's Name: UNKNOWN
MSDS Serial Number: BGLSV
Specification Number: ASTM D 4376-94
Spec Type, Grade, Class: NONE
Hazard Characteristic Code: T4
Unit Of Issue: DR '
Unit Of Issue Container Qty: 700 LBS
Type Of Container: DRUM
Net Unit Weight: 700 LBS
NRC/State License Number: NOT RELEVANT
Ingredients/Identity Information
-------------------------------------------------------
---------------------------------
Proprietary: NO
Ingredient: PERCHLOROETHYLENE (TETRACHLOROETHYLENE) (SARA 313) (CERCLA)
Ingredient Sequence Number: 01
Percent: 99.9
NIOSH (RTECS) Number: KX3850000
CAS Number: 127-18-4
OSHA PEL: 100 PPM, Z-2
ACGIH TLV: 25PPM/100STEL,A3; 96
Other Recommended Limit: NONE RECOMMENDED
Physical/Chemical Characteristics
Appearance And Odor: CLEAR, COLORLESS LIQUID - IRRITATING ODOR
Boiling Point: 250F,121C
Melting Point: -8F, -22C
Vapor Pressure (MM Hg/70 F) : 13 @ 68F
Vapor Density (Air=1) : 5.76
Specific Gravity: 1.619
Decomposition Temperature: UNKNOWN
Evaporation Rate And Ref: UNKNOWN
Solubility In Water: 0.015 % @ 25C/77F
Percent Volatiles By Volume: 99.9
Viscosity: UNKNOWN
Radioactivity: NOT RELEVANT
Corrosion Rate (IPY) : UNKNOWN
Fire and Explosion Hazard Data
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DOW CHEMICAL U S A-- TETRACHLOROETHYLENE - TETRACHLOROETHYLE.. Page 2 of 4
Flash Point: NONE
Lower Explosive Limit: NOT RELEVANT
Upper Explosive Limit: NOT RELEVANT
Extinguishing Media: WATER SPRAY, CARBON DIOXIDE, FOAM OR DRY CHEMICAL FOR
SURROUNDING FIRE. USE WATER SPRAY TO COOL FIRE EXPOSED CONTAINERS.
Special Fire Fighting Proc: WEAR PROTECTIVE CLOTHING AND NIOSH-APPROVED
SELF-CONTAINED BREATHING APPARATUS. HAZARDOUS DECOMPOSITION PRODUCTS MAY BE
FORMED.
Unusual Fire And Expl Hazrds: TOXIC AND CORROSIVE GASES MAY BE FORMED.
Reactivity Data
-------------
Stability: YES
Cond To Avoid (Stability) : EXCESSIVE HEAT, OPEN FLAMES, WELDING ARCS,
DIRECT SUNLIGHT, ULTRAVIOLET SOURCES
Materials To Avoid: STRONG ALKALIS, STRONG OXIDIZING AGENTS, AMINES,
ALUMINUM POWDER, MAGNESIUM POWDER, ZINC POWDER, SODIUM, POTASSIUM
Hazardous Decomp Products: HYDROGEN CHLORIDE, PHOSGENE, CARBON MONOXIDE,
CARBON DIOXIDE, CHLORINE
Hazardous Poly Occur: NO
Conditions To Avoid (Poly) : NOT RELEVANT
----------------------------------------____
Health Hazard Data
----------------------------------------------------------------__
LD50-LC50 Mixture: LD50 (ORAL, RAT) IS >5000 MG/KG.
Route Of Entry - Inhalation: YES
Route Of Entry - Skin: YES
Route Of Entry - Ingestion: NO
Health Haz Acute And Chronic: TARGET ORGANS:CNS, LIVER, KIDNEYS,
RESPIRATORY SYSTEM. ACUTE- MAY BE ABSORBED THROUGH SKIN. MAY CAUSE EYE
IRRITATION & PAIN. ASPIRATION HAZARD IF SWALLOWED. EXCESSIVE INHALATION MAY
CAUSE CNS EFFECTS, MYOCARDIAL IRRITABILITY. CHRONIC- MAY CAUSE LIVER &
KIDNEY DAMAGE BASED ON ANIMAL STUDIES.
Carcinogenicity - NTP: YES
Carcinogenicity - IARC: NO
Carcinogenicity - OSHA: NO
Explanation Carcinogenicity: CARCINOGEN PER MSDS.
Signs/Symptoms Of Overexp: IRRITATION, HEADACHE, DIZZINESS, NAUSEA,
VOMITING, DROWSINESS, TEARNING, BLURRED VISION, PAIN, IRREGULAR HEARTBEAT
Med Cond Aggravated By Exp: INDIVIDUALS WITH PRE-EXISTING DISEASES OF THE
EYE, SKIN, RESPIRATORY TRACT, LIVER, KIDNEYS, CNS MAY HAVE INCREASED
SUSCEPTIBILITY TO THE TOXICITY OF EXCESSIVE EXPOSURES.
Emergency/First Aid Proc: GET MEDICAL HELP IF SYMPTOMS PERSIST.
INHALED:MOVE TO FRESH AIR. PROVIDE CPR/OXYGEN IF NEEDED. EYES:IMMEDIATELY
FLUSH WITH WATER FOR 15 MINUTES. HOLD EYELIDS OPEN. SKIN:WASH WITH PLENTY
OF SOAP & WATER. ORAL:DO NOT INDUCE VOMITING. GET MEDICAL ATTENTION
IMMEDIATELY.
-----------------------------------------------
Precautions for Safe Handling and Use
Steps If Matl Released/Spill: WEAR PROTECTIVE EQUIPMENT. VENTILATE AREA.
ABSORB SPILL WITH INERT MATERIAL SUCH AS SAND OR USE PUMP. PLACE IN A
CONTAINER FOR DISPOSAL. CLEAN AREA THOROUGHLY TO REMOVE RESIDUAL
CONTAMINATION. PREVENT RUNOFF FROM ENTERING SEWERS OR WATERWAYS,
Neutralizing Agent: NOT RELEVENT
Waste Disposal Method: DISPOSE OF IN ACCORDANCE WITH LOCAL, STATE AND
FEDERAL REGULATIONS. RECYCLE OR CONTRACT WITH A LICENSED WASTE DISPOSAL
AGENCY.
Precautions-Handling/Storing: STORE IN COOL, VENTILATED AREA, AWAY FROM
FLAMES & INCOMPATIBLE MATERIALS. KEEP CONTAINER TIGHTLY CLOSED. DO NOT
STORE IN ALUMINUM CAN OR PLASTIC.
Other Precautions: AVOID BREATHING VAPORS. DO NOT GET IN EYES, ON SKIN OR
ON CLOTHING. WASH THOROUGHLY AFTER HANDLING AND BEFORE EATING OR DRINKING.
DO NOT EAT OR DRINK NEAR THIS PRODUCT.
-----------------------------------------
Control Measures
Respiratory Protection: IF ENGINEERING CONTROLS DO NOT MAINTAIN AIRBORNE
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CONCENTRATIONS TO AN ACCEPTABLE LEVEL, A NIOSH-APPROVED AIR-SUPPLIED
RESPIRATOR MUST BE WORN.
Ventilation: USE GENERAL OR LOCAL EXHAUST VENTILATION TO MEET TLV
REQUIREMENTS.
Protective Gloves: NEOPRENE
Eye Protection: SAFETY GLASSES WITH SIDE SHIELD/GOGGLES
Other Protective Equipment: EYE BATH, SAFETY SHOWER, WASHING FACILITIES
Work Hygienic Practices: OBSERVE GOOD INDUSTRIAL HYGIENE PRACTICES AND
RECOMMENDED PROCEDURES.
Suppl. Safety & Health Data: NOTE TO PHYSICIAN: IN CASE OF INGESTION,
GASTRIC LAVAGE MAY BE USED. THE USE OF AN INTRATRACHEAL TUBE PREVENTS
ASPIRATION. INDIVIDUALS INTOXICATED SHOULD BE HOSPITALIZED FOR OBSERVATION
AND DELAYED EFFECTS ON BLOOD, HEART AND LUNGS. HYDROCARBONS MAY SENSITIZE
HEART TO CATECHOLAMINES.
- --------------------
Transportation Data
-----------------------------------------------
Trans Data Review Date: 98042
DOT PSN Code: NYB
DOT Proper Shipping Name: TETRACHLOROETHYLENE
DOT Class: 6.1
DOT ID Number: UN1897
DOT Pack Group: III
DOT Label: KEEP AWAY FROM FOOD
DOT/DoD Exemption Number: NOT RELEVANT
IMO PSN Code: OJV
IMO Proper Shipping Name: TETRACHLOROETHYLENE
IMO Regulations Page Number: 6264
IMO UN Number: 1897
IMO UN Class: 6.1
IMO Subsidiary Risk Label: -
IATA PSN Code: XOW
IATA UN ID Number: 1897
IATA Proper Shipping Name: TETRACHLOROETHYLENE
IATA UN Class: 6.1
IATA Label: TOXIC
AFI PSN Code: XOW
API Prop. Shipping Name: TETRACHLOROETHYLENE
AFI Class: 6.1
AFI ID Number: UN1897
AFI Pack Group: III
AFI Special Prov: P5, N36
AFI Basic Pac Ref: A10.5
Additional Trans Data: REPORTABLE QUANTITY (RQ) : 100 POUNDS. THIS IS
REPORTABLE QUANTITY.
Disposal Data
Disposal Data Review Date: 88228
Rec # For This Disp Entry: 03
Tot Disp Entries Per NSN: 003
Landfill Ban Item: YES
Disposal Supplemental Data: UPDATE PER OSHA HCS MSDS DTD 10 APRIL 85 IN
CASE OF ACCIDENTAL EXPOSURE OR DISCHARGE, CONSULT HEALTH AND SAFETY FILE
FOR PRECAUTIONS.
1st EPA Haz Wst Code New: U210
1st EPA Haz Wst Name New: TETRACHLOROETHYLENE; 1, 1,2,2- TETRACHLOROETHENE
1st EPA Haz Wst Char New: TOXIC (T)
1st EPA Acute Hazard New: NO
------------------------------------------------------------
Label Data
Label Required: YES
Technical Review Date: 11FEE98
Label Date:. 29FEB96
MFR Label Number: UNKNOWN
Label Status: G
Common Name: TETRACHLOROETHYLENE
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Signal Word: WARNING!
Acute Health Hazard-Moderate: X
Contact Hazard-Moderate: X
Fire Hazard-None: X
Reactivity Hazard-None: X
Special Hazard Precautions: TARGET ORGANS:CNS, LIVER, KIDNEYS, RESPIRATORY
SYSTEM. ACUTE- MAY BE ABSORBED THROUGH SKIN. MAY CAUSE EYE IRRITATION &
PAIN. ASPIRATION HAZARD IF SWALLOWED. INHALATION MAY CAUSE CNS EFFECTS.
CHRONIC- MAY CAUSE LIVER & KIDNEY DAMAGE. STORE IN VENTILATED AREA, AWAY
FROM FLAMES & INCOMPATIBLES. ABSORB SPILL WITH INERT MATERIAL/USE PUMP.
PLACE IN A CONTAINER FOR DISPOSAL. FIRST AID- GET MEDICAL HELP IF SYMPTOMS
IMMEDIATELY FLUSH WITH WATER FOR 15 MINUTES. HOLD EYELIDS OPEN. SKIN:WASH
WITH PLENTY OF SOAP & WATER. ORAL:DO NOT INDUCE VOMITING. GET MEDICAL
ATTENTION IMMEDIATELY.
Protect Eye: Y
Protect Skin: Y
Protect Respiratory: Y
Label Name: DOW CHEMICAL U.S.A.
Label Street: CHEMICAL AND METALS DEPARTMENT
Label City: MIDLAND
Label State: MI
Label Zip Code: 48674
Label Country: US
Label Emergency Number: 517-636-4400
Year Procured: 1998
4
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• METHYL ALCOHOL Page I of 7
Please reduce your browser font size for getter viewing and printing.
24 Hour Ernorgoeney Telephone:908-859-2161
CMUMEC:1800424.93DD
ai rospona In Coned nMSDSMaterial,Sat # Data Sheet CANUTEC:6t3.998€66ti
Ouuldo U.S and Conodn
Chomtreci 202-4W-7616
From: Mallinekrodt Baker,Inc. _. _._ __..._......_._ .._._..
222 tied Schaal lane MALLINCKRODT 413NSwr woT>w CEtiw.hiTF1FC,caratiTEr,3ntl National
Phillipsburg,NJ 08*65 Rmonse C cn,Crcmorgon-cy n�mb�rs o
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involving:r upol.lu ilk lire.expo-Am,ar uCCir4nl
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Al nari"emergency quesiimns should be directed 1a Cusio;:ner Service(1-803-582.2637)for assistance.
METHYL ALCOHOL
MSDS Number: M2015---Effective Date: 12108196
1. Product Identification
Synonyms: Wood alcohol; methanol; carbinol
CAS No.: 67-56-1
Molecular Weight: 32.04
Chemical Formula: CH30H 147,
Product Codes:
J.T. Baker: 5217, 5370, 5794, 5807, 5811, 5842, 5869, 9049, 9063, 9067, 9069, 9070,
9071, 9073, 9075,9076, 9077, 9091, 9093, 9096, 9097, 9098, 9263, 9893
Mallinckrodt: 3004, 3006, 3016, 3017, 3018, 3024, 3041, 3701, 4295, 5160, 8814, H080,
H488,H603, V079, V571
2. Composition/Information on Ingredients
Ingredient CAS No Percent Hazardous
--------------------------------------- ------------ ------- ---------
Methyl Alcohol 67-56-1 100% Yes
3. Hazards Identification
Emergency Overview
--------------------------
POISONl.DANGER! VAPOR HARMFUL. MAY BE FATAL OR CAUSE
BLINDNESS IF SWALLOWED. HARMFUL IF INHALED OR ABSORBED
THROUGH SKIN. CANNOT BE MADE NONPOISONOUS. FLAMMABLE
LIQUID AND VAPOR. CAUSES IRRITATION TO SKIN, EYES AND
RESPIRATORY TRACT. AFFECTS THE LIVER.
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' METHYL ALCOHOL Page 2 of 7
J.T. Baker SAF-T-DATA(tm) Ratings (Provided here for your convenience)
-----------------------------------------------------------------------------------------------------------
Health Rating: 3 - Severe(Poison)
Flammability Rating: 4 - Extreme (Flammable)
Reactivity Rating: 1 - Slight
Contact Rating: 1 - Slight
Lab Protective Equip: GOGGLES & SHIELD; LAB COAT & APRON; VENT HOOD;
PROPER GLOVES; CLASS B EXTINGUISHER
Storage Color Code: Red(Flammable)
-----------------------------------------------------------------------------------------------------------
Potential Health Effects
----------------------------------
Inhalation:
A slight irritant to the mucous membranes. Toxic effects exerted upon nervous system,
particularly the optic nerve. Once absorbed into the body, it is very slowly eliminated.
Symptoms of overexposure may include headache, drowsiness, nausea, vomiting,
blurred vision,blindness, coma, and death. A person may get better but then worse again
up to 30 hours later.
Ingestion:
Toxic. Symptoms parallel inhalation. Can intoxicate and cause blindness. Usual fatal
dose: 100-125 milliliters.
Skin Contact:
Methyl alcohol is a defatting agent and may cause skin to become dry and cracked. Skin
absorption can occur; symptoms may parallel inhalation exposure.
Eye Contact: ,
Irritant. Continued exposure may cause eye lesions.
Chronic Exposure:
Marked impairment of vision and enlargement of the liver has been reported. Repeated
or prolonged exposure may cause skin irritation.
Aggravation of Pre-existing Conditions:
Persons with pre-existing skin disorders or eye problems or impaired liver or kidney
function may be more susceptible to the effects of the substance.
4. First Aid Measures
Inhalation:
Remove to fresh air. If not breathing, give artificial respiration. If breathing is difficult,
give oxygen. Call a physician.
Ingestion:
Induce vomiting immediately as directed by medical personnel. Never give anything by
mouth to an unconscious person.
Skin Contact:
Remove any contaminated clothing. Wash skin with soap or mild detergent and water for
at least 15 minutes. Get medical attention if irritation develops or persists.
Eye Contact:
Immediately flush eyes with plenty of water for at least 15 minutes, lifting lower and
upper eyelids occasionally. Get medical attention immediately.
5. Fire Fighting Measures
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j METHYL ALCOHOL Page 3 of 7
Fire:
Flash point: 12C (54F) CC
Autoignition temperature: 464C (867F)
Flammable limits in air%by volume:
lel: 7.3; uel: 36
Flammable.
Explosion:
Above flash point, vapor-air mixtures are explosive within flammable limits noted
above. Moderate explosion hazard and dangerous fire hazard when exposed to heat,
sparks or flames. Sensitive to static discharge.
Fire Extinguishing Media:
Water spray, dry chemical, alcohol foam, or carbon dioxide.
Special Information:
In the event of a fire, wear full protective clothing and NIOSH-approved self-contained
breathing apparatus with full facepiece operated in the pressure demand or other positive
pressure mode. Use water spray to blanket fire, cool fire exposed containers, and to flush
non-ignited spills or vapors away from fire. Vapors can flow along surfaces to distant
ignition source and flash back.
6. Accidental Release Measures
Ventilate area of leak or spill. Remove all sources of ignition. Wear appropriate personal
protective equipment as specified in Section 8. Isolate hazard area. Keep unnecessary
and unprotected personnel from entering. Contain'and recover liquid when possible. Use
non-sparking tools and equipment. Collect liquid in an appropriate container or absorb
with an inert material (e. g., vermiculite, dry sand, earth), and place in a chemical waste
container. Do not use combustible materials, such as saw dust. Do not flush to sewer!
J. T. Baker SOLUSORB(tm) solvent adsorbent is recommended for spills of this
product.
7. Handling and Storage
Protect against physical damage. Store in a cool, dry well-ventilated location, away from
any area where the fire hazard may be acute. Outside or detached storage is preferred.
Separate from incompatibles. Containers should be bonded and grounded for transfers to
avoid static sparks. Storage and use areas should be No Smoking areas. Use non-
sparking type tools and equipment, including explosion proof ventilation. Containers of
this material may be hazardous when empty since they retain product residues(vapors,
liquid); observe all warnings and precautions listed for the product.
8. Exposure Controls/Personal Protection
Airborne Exposure Limits:
For Methyl Alcohol:
- OSHA Permissible Exposure Limit(PEL):
200 ppm (TWA)
-ACGIH Threshold Limit Value (TLV):
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' METHYL ALCOHOL Page 4 of 7
200 ppm (TWA), 250 ppm (STEL) skin
Ventilation System:
A system of local and/or general exhaust is recommended to keep employee exposures
below the Airborne Exposure Limits. Local exhaust ventilation is generally preferred
because it can control the emissions of the contaminant at its source, preventing
dispersion of it into the general work area. Please refer to the ACGIH document,
Industrial Ventilation, A Manual of Recommended Practices , most recent edition, for
details.
Personal Respirators (NIOSH Approved):
If the exposure limit is exceeded, wear a supplied air, full-facepiece respirator, airlined
hood, or full-facepiece self-contained breathing apparatus.
Skin Protection:
Rubber or neoprene gloves and additional protection including impervious boots, apron,
or coveralls, as needed in areas of unusual exposure.
Eye Protection:
Use chemical safety goggles. Maintain eye wash fountain and quick-drench facilities in
work area.
9. Physical and Chemical Properties
Appearance:
Clear, colorless liquid.
Odor:
Characteristic odor.
Solubility:
Miscible in water.
Specific Gravity:
0.8
pH:
No information found.
% Volatiles by volume @ 21C(70F):
100
Boiling Point:
64.5C(147F)
Melting Point:
-98C (-144F)
Vapor Density(Air=1):
1.1
Vapor Pressure (mm Hg):
97 @ 20C (68F)
Evaporation Rate (BuAc=1):
5.9
10. Stability and Reactivity
Stability:
Stable under ordinary conditions of use and storage.
Hazardous Decomposition Products:
May form carbon dioxide, carbon monoxide, and formaldehyde when heated to
decomposition.
Hazardous Polymerization:
Will not occur.
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METHYL ALCOHOL Page 5 of 7
Incompatibilities:
Strong oxidizing agents such as nitrates,perchlorates or sulfuric acid. Will attack some
forms of plastics, rubber, and coatings. May react with metallic aluminum and generate
hydrogen gas.
Conditions to Avoid:
Heat, flames, ignition sources and incompatibles.
11. Toxicological Information
Methyl Alcohol(Methanol) Oral rat LD50: 5628 mg/kg; inhalation rat LC50: 64000
ppm/4H; skin rabbit LD50: 15800 mg/kg; Irritation data-standard Draize test: skin,
rabbit: 20mg/24 hr. Moderate; eye, rabbit: 100 mg/24 hr. Moderate; Investigated as a
mutagen,reproductive effector.
--------\Cancer Lists\------------------------------------------------------
---NTP Carcinogen---
Ingredient Known Anticipated IARC Category
------------------------------------ ----- ----------- -------------
Methyl Alcohol (67-56-1) No No None
12. Ecological Information
Environmental Fate: y
When released into the soil, this material is expected to readily biodegrade. When
released into the soil, this material is expected to leach into groundwater. When released
into the soil, this material is expected to quickly evaporate. When released into the water,
this material is expected to have a half-life between 1 and 10 days. When released into
water, this material is expected to readily biodegrade. When released into the air, this
material is expected to exist in the aerosol phase with a short half-life. When released
into the air,this material is expected to be readily degraded by reaction with
photochemically produced hydroxyl radicals. When released into air, this material is
expected to have a half-life between 10 and 30 days. When released into the air, this
material is expected to be readily removed from the atmosphere by wet deposition.
Environmental Toxicity:
This material is expected to be slightly toxic to aquatic life.
13: Disposal Considerations
Whatever cannot be saved for recovery or recycling should be handled as hazardous
waste and sent to a RCRA approved incinerator or disposed in a RCRA approved waste
facility. Processing,use or contamination of this product may change the waste
management options. State and local disposal regulations may differ from federal
disposal regulations. Dispose of container and unused contents in accordance with
federal, state and local requirements.
14. Transport Information
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METHYL ALCOHOL Page 6 of 7
Domestic (Land, D.O.T.)
-----------------------
Proper Shipping Name: METHANOL
Hazard Class: 3
UN/NA: UN1230
Packing Group: II
Information reported for product/size: 350LB
International(Water,I.M.O.)
-----------------------------
Proper Shipping Name: METHANOL
Hazard Class: 3.2, 6.1
UN/NA: UN1230
Packing Group: II
Information reported for product/size: 350LB
15. Regulatory Information
--------\Chemical Inventory Status - Part 1\---------------------------------
Ingredient TSCA EC Japan Australia
----------------------------------------------- ---- --- ----- ---------
Methyl Alcohol (67-56-1) Yes Yes Yes Yes
--------\Chemical Inventory Status - Part 22\---------------------------------
--Canada--
Ingredient Korea DSL NDSL Phil.
- ----------------------------------------------- ----- --- ---- -----
Methyl Alcohol (67-56-1) Yes Yes No Yes
--------\Federal, State & International Regulations - Part 1\----------------
-SARA 302- ------SARA 313------
Ingredient RQ TPQ List Chemical Catg.
----------------------------------------- --- ----- ---- --------------
Methyl Alcohol (67-56-1) No No Yes No
--------\Federal, State & International Regulations - Part 2\----------------
-RCRA- -TSCA-
Ingredient CERCLA 261.33 8 (d)
----------------------------------------- ------ ----- ------
Methyl Alcohol (67-56-1) 5000 U154 No
Chemical Weapons convention: No TSCA 12 (b) : No CDTA: No
SARA 311/312 : Acute: Yes Chronic: Yes Fire: Yes Pressure: No
Reactivity: No (Pure / Liquid)
Australian Hazchem Code: 2PE
Poison Schedule: S6
WHMIS:
This MSDS has been prepared according to the hazard criteria of the Controlled Products
Regulations (CPR) and the MSDS contains all of the information required by the CPR.
16. Other Information
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' METHYL ALCOHOL Page 7 of 7
NFPA Ratings: Health: 1 Flammability: 3 Reactivity: 0
Label Hazard Warning:
POISON! DANGER! VAPOR HARMFUL. MAYBE FATAL OR CAUSE
BLINDNESS IF SWALLOWED. HARMFUL IF INHALED OR ABSORBED
THROUGH SKIN. CANNOT BE MADE NONPOISONOUS. FLAMMABLE LIQUID
AND VAPOR. CAUSES IRRITATION TO SKIN, EYES AND RESPIRATORY
TRACT. AFFECTS THE LIVER.
Label Precautions:
Keep away from heat, sparks and flame.
Keep container closed.
Use only with adequate ventilation.
Wash thoroughly after handling.
Avoid breathing vapor.
Avoid contact with eyes, skin and clothing.
Label First Aid:
If swallowed, induce vomiting immediately as directed by medical personnel. Never give
anything by mouth to an unconscious person. In case of contact, immediately flush eyes
or skin with plenty of water for at least 15 minutes while removing contaminated
clothing and shoes. Wash clothing before reuse. If inhaled, remove to fresh air. If not
breathing give artificial respiration. If breathing is difficult, give oxygen. In all cases get
medical attention immediately.
Product Use:
Laboratory Reagent.
Revision Information:
New 16 section MSDS format, all sections have been revised.
Disclaimer: *#4
Mallinckrodt Baker, Inc. provides the information contained herein in good faith
but makes no representation as to its comprehensiveness or accuracy. This
document is intended only as a guide to the'appropriate precautionary handling of
the material by a properly trained person using this product. Individuals receiving
the information must exercise their independent judgment in determining its
appropriateness for a particular purpose. MALLINCKRODT BAKER, INC.
MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE WITH
RESPECT TO THE INFORMATION SET FORTH HEREIN OR THE
PRODUCT TO WHICH THE INFORMATION REFERS. ACCORDINGLY,
MALLINCKRODT BAKER, INC. WILL NOT BE RESPONSIBLE FOR
DAMAGES RESULTING FROM USE OF OR RELIANCE UPON THIS
INFORMATION.
Prepared by: Strategic Services Division
Phone Number: (314) 539-1600 (U.S.A.)
http://www.jtbaker.com/msds/m20l5.htm 12/13/1999
4.0 Personnel Training Requirements
Consistent with OSHA's 29 CFR 1910.120, all site personnel are required to be trained in
accordance with the standard. At a minimum all personnel are required to be trained to recognize
the hazards on-site,the provisions of this HASP,and responsible personnel.
Prior to arrival on-site, site workers designated to work in the Exclusion and Contaminant
Reduction Zones must meet OSHA's 29 CFR 1910.120 paragraph (e) (3) requirements. The
employer should be able to provide a document certifying the each general site worker has
received a minimum of 24 hours of instruction off site, and 24 hours of training for any workers
who are on site only occasionally for a specific task. If an individual employee has work
experience and/or training that is equivalent to that provided in the initial training, an employer
may waive the 24-hour training so long as that equivalent experience is documented or certified.
Each site worker should be able to provide documents certifying 8 hours of annual refresher
training.
Consistent with the OSHA 29 CFR 1910.120 paragraph (e) (8), individuals designated as site
supervisors require an additional 8 hours of"Supervisor Training".
The following individuals are identified as site supervisors:
Name Title
None Identified
4
5.0 Personnel Protective Equipment To Be Used
This section designates the EPA Levels of Protection (A-D) and modifications for each task.
0 Level A- Should be worn when the highest level of respiratory, skin, and eye protection is
needed.
• Level B - Should be worn when the highest level of respiratory protection is needed, but a
lesser level of skin protection. Level B is the primary level of choice when
encountering unknown environments.
• Level C- Should be worn when the criteria for using air-purifying respirators are met, and a
lesser level of skin protection is needed.
• Level D- Should be worn only as a work uniform and not in any area with respiratory or
skin hazards. It provides minimal protection against chemical hazards:
The site level of protection is LEVEL-D-modified
Discuss justification for the selected level of protection:
Protect against splash, ingestion and contact hazards from free liquids and impacted soil and
groundwater. Wear nitrile gloves and tyvek overalls. Don hardhat, steel-toed shoes, and safety
glasses, goggles or face shield. With gloved hands, avoid touching or placing hands near your
face and do not handle food.
E
Personal Protective Equipment(PPE):
• nitrile gloves
• hardh
• safe1y glasses. goggles or face shield
• steel-toed shoes
• Tyvek overalls
Inspection and Maintenance of PPE(if applicable):
• Check nitrile gloves and tyvek overalls for wear,tear and soil. Replace as needed.
6.0 Medical Surveillance Requirements
Medical monitoring programs are designed to track the physical condition of employees on a
regular basis as well as survey pre-employment or baseline conditions prior to potential
exposures. Site workers required to don a respirator must be included in a medical monitoring
program.
Will site workers be required to don a respirator?No
If yes, all site workers must receive approval to wear a respirator from a medical doctor (MD)
specializing in industrial health and safety prior to conducting site operations. For NUSCO
employees, contact the Berlin Health Unit at NUSW, Headquarters for additional information.
The industrial health and safety MD will decide"on the content and frequency of medical
monitoring requirements.
For site workers required to don Level C or higher PPE, attach approvals and health summaries
from the industrial health and safety MD.
During site activities, air monitoring will be conducted. If levels of target compounds approach
the action levels, the work area will be evacuated to allow levels to dissipate. If levels remain at
or above the action levels, the use of respiratory protection will be required. For requirements,
refer to the discussion under the "yes"response.
Appropriate respiratory protection will be determined by the site HSO.
7.0 Frequency and Types of Air Monitoring
Air monitoring is used to identify and quantify the airborne contaminants in order to verify and
determine the level of worker protection needed.
Is there a need to monitor airborne contaminants?Yes
If yes, complete this section.
• Air Monitoring Instrument: Photoionization Detector
Hazard Monitored: Organic Vapors
Monitoring Frequency and Location: Monitor breathing zone once per morning and
afternoon or when organic vapors are suspected.
F
Action Level and Action: 10 parts per million as total volatiles as nerchloroethylene (PCE).
Evacuate area and evaluate source of organic vapors After a review with the HSO it may
be necessary to don Level C Respirators
Reporting Format: Field notebook
8.0 Site Control Measures
This section defines measures and procedures for maintaining site control. The work site is
divided into one of three work zones.
• Exclusion Zone-The area where contamination is either known or likely to be present, or
because of activity,will provide a potential to cause harm to personnel.
Entry into this zone requires use of the selected PPE.
• Contaminant Reduction Zone-The area where personnel conduct personal and equipment
decontamination. It is essentially a buffer zone between
contaminated areas and clean areas. Activities conducted here
require personal protection as defined in the decontamination
plan.
• Support Zone-The area is situated in clean areas where the chance to encounter hazardous
materials or conditions is minima,.,
Describe the location, extent and standing orders for each work zone:
Exclusion Zone-Immediate area around soil boring and monitoring well
Contaminant Reduction Zone- Soil sampling area, groundwater sampling area, decontamination
area, and drilling equipment decontamination area This zone is within a 75-foot radius
from the soil boring or monitoring well. The person-in-charge will monitor site
boundaries to prevent intrusion by unqualified individuals or individuals not outfitted
with the appropriate PPE.
Support Zone-The area greater than 75 feet from site sampling activities
Attach a map and directions to the nearest medical facility.
Describe emergency alarm procedures for the work site:
The person-in-charge will instruct personnel in the event of an emergency. If an evacuation of
the work area is necessary all personnel must immediately report to the substation entrance for
roll call and further instructions.
G
" Directions Print Page 1 of 2
Figure 8.1 -Map to the nearest medical facility.
159 .74
Barber Hill 4Rd
MapBlastl
194
5 85
FROM:
so Barber Hill Road Substation
29 South Windsor, CT
44 TO:
A la S* 84 Manchester Memorial Hospital
1 Haynes St 71 Haynes Street
9 Uoinh oh m; Manchester, CT
Your trip's estimated travel time is 15 minutes for 7.58 miles of travel, total of 10 steps.
These driving directions are provided only as a rough guideline.
Please be sure to call ahead to verify the location and directions .
Step 1
Begin at 1 Barber Hill Rd on Barber Hill Rd and go South for 0.3 miles
(elapsed distance: 0.3 mi)
Step 2
Turn Left on Miller Rd and go Southeast for 0.3 miles
(elapsed distance: 0.6 mi)
Step 3
Turn right on CT-74,Ellington Rd and go Southwest for 2.0 miles
(elapsed distance: 2.6 mi)
Step 4
Turn left on CT-194,Sullivan Ave and go South for 0.3 miles
(elapsed distance: 2.9 mi)
Step 5
Bear right on Buckland Rd and go South for 1.3 miles
(elapsed distance: 4.2 mi)
Step 6
Continue on Buckland St and go South for 0.9 miles
(elapsed distance: 5.1 mi)
.../dpmt.mb?CMD=PATH&IC=41.853754%3A-72.529885%3A621%3A1+Barber+Hill+Rd 12/13/1999
' Directions Print Page 2 of 2
Step 7
Turn left on Tolland Tpke and go East for 0.3 miles
(elapsed distance: 5.4 mi)
Step 8
Continue on N Main St and go Southeast for 2.1 miles
(elapsed distance: 7.4 mi)
Step 9
Turn right on Haynes St and go West for 0.2 miles
(elapsed distance: 7.6 mi)
Step 10
Turn right and go Northwest for less than 100 feet to 71 Haynes St
(elapsed distance: 7.6 mi)
US maps Copyright GDT 1999.Canadian maps Copyright DMTI,Inc. 1999.
IN nor'T
All Rights Reserved.Use Subject to License. . ' s-F.2 ..
.../dPrnt.mb?CMD=PATH&IC=41.853754%3A-72.529885%3A621%3A1+Barber+Hill+Rd 12,'13/1999
9.0 Decontamination Plan
This section provides a step by step representation of both personnel and equipment
decontamination procedures as well as the disposition of decontamination wastes.
Discuss personnel decontamination: Discard used nitrile gloves and tvvek overalls. Wash hands
before handling food.
Discuss equipment decontamination: If hand-held equipment is used. Decontamination should
be conducted as follows --- "Consumer" detergent wash - followed by a distilled water rinse -
followed by a methanol rinse - followed by a final distilled water rinse - allow utensil to air dry
Drilling equipment is steam cleaned until all visible traces of soil are removed A dedicated
disposable bailer is used at each well and discarded after well development and sampling_
Discuss disposition of decontamination wastes: Excess soil and water generated during the site
assessment will be containerized in 55-gallon drums After activities are completed, the soils and
waters will be characterized by comparing_parameter levels to RCRA hazardous waste limits
The results will be used to determine appropriate disposal options
10.0 Emergency Response/Contingency Plan
Description of the evacuation routes/procedures fdv;the site: All personnel must meet at the
entrance to the Substation for roll call and further instructions.
Emergency contacts(also see Section 2.0 Key Personnel):
Organization Contact Telephone
NUSCO,Environmental Ronald P. Klattenberg (860) 665-3627
Services
Site Contact Tolland AWC (860) 872-8794
Ambulance Ambulance Service of (860) 647-9798
Manchester
Police South Windsor 911
Fire South Windsor 911
State Police South Windsor 911
Hospital(For directions,see Figure Manchester Memorial Hosp. (860) 646-1222
8.1.)
Poison Control Center 1-800-343-2722
Regional EPA (617) 565-3420
EPA Emergency Response (617) 860-4363
Team
National Response Center 1-800-424-8802
Department of Environmental Connecticut (860)424-3333
Protection
Center for Disease Control (404)488-4100
CHEMTREC 1-800-424-9555
H
T �
Any person who becomes ill or injured in the exclusion zone must be decontaminated to the
maximum extent possible. If the injury or illness is minor, full decontamination should be
completed and first aid administered prior to transport. If the patient's condition is serious, at
least partial decontamination should be completed (i.e., complete disrobing of the victim and
redressing in clean overalls or wrapping in a blanket). First aid should be administered-while
awaiting an ambulance or paramedics. All injuries and illnesses must be reported to the project
manager.
Any person being transported to a clinic or hospital for treatment should take with them
information on the chemical(s)they have been exposed to at the site.
Any vehicle used to transport contaminated personnel must be treated and cleaned as necessary.
Attach a map or provide a description of the location of emergency equipment/facilities:
First Aid Kit-On NUSCO vehicle (#6162N09)
Fire Extinguisher-On NUSCO vehicle(#6162N09) and the drill rig
Telephone -On NUSCO vehicle (#6162N092
Spill Kits-On NUSCO vehicle(#6162N09)
Eye Wash-Located in the Substation Control Room
11.0 Confined Space Entry Procedures
A confined space is any space having limited or restricted means for entry or exit, large enough
and so configured that an employee can bodily enter and perform assigned work, and not
designed for continuous occupancy.
Does site work include entry into a confined space? No
If yes, follow the procedures outlined in NUSCO's "Accident Prevention Manual" under Section
1.15 Confined Space.
12.0 Spill Containment Program
Discuss the spill containment program in place for activities at the site: Any rinsates generated
decontamination procedures will be containerized and characterized to determine appropriate
disposal options NUSCO vehicle (#6162N09) is equipped with a spill kit and instructions for
incidental oil spills For large spills, on-site personnel will notify appropriate company officials
and State authorities and provide assistance as needed
I
Y �
13.0 Hazard Communication
In order to comply with 29 CFR 1910.1200 (Hazard Communication) the following written
Hazard Communication Program has been established. All site workers will be briefed on this
program, and have an opportunity to review this written copy.
• Container Labeling
All containers used in conjunction with the site work will be inspected:
(1) all unattended,non-empty,covered containers will be clearly labeled as to the
contents;
(2) the appropriate hazard warnings will be noted; and
(3)the name of a contact person will be listed.
• Material Safety Data Sheets(MSDSs)
Copies of MSDSs for all hazardous materials used in conjunction with the site work or
known or suspected in the work zones will be maintained as part of this HASP. The
MSDSs will be available to all site workers for review during the work shift.
• Employee Information
Prior to starting work, each site worker will receive a site health and safety orientation
known as a"tailboard discussion"and will be given information on the following:
(1) an overview of the requirements contained in the Hazard Communication Standard,
29 CFR 1910.1200;
(2) chemicals present in their workplace operations;
(3) location and availability of the HASP;
(4) physical and health effects of the hazardous chemicals;
(5) methods and observation techniques used to determine the presence or release of
hazardous chemicals;
(6) how to lessen or prevent exposure to these hazardous chemicals through usage of
control/work practices and personal protective equipment;
(7) emergency procedures to follow if they are exposed to these chemicals;
(8) how to read labels and review MSDSs to obtain appropriate hazard information; and
(9) location of the MSDS file and hazardous chemical list.
J
1 �
• Concurrence
On_/ /_, the following site workers and visitors took part
(Number)
in a "tailboard discussion" discussing the nine (9)elements under the preceding section,
Employee Information. , NUSCO Project Lead, conducted the
"tailboard discussion".
Print Name Affiliation
Signature Date
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y (-
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L
IHSCIENTISTS
ENGINEERS
E N V I R O N M E N T A L
GIS SPECIALISTS
Janus 7, 2000 Post-it®Fax Note 7671 Date pages►
To �„( _ t^ From
Co./Dept. i CO 7 ISLAND DOCK ROAD
Mr. Robert Deptula, R.S.
Phone# Phone#
Environmental Health Officer HADDAM CT 06438
Town of South Windsor Fax# Fax#
1.860.345.4578
1540 Sullivan Ave.
1.800.524.9256
South Windsor, CT 06074
FAX 1.860.345.3854
Re: raft Consent Order
Miller and Barber Hill Roads 600 CHARLTON STREET
SOUTHBRIDGE MA 01550
Dear Mr. Deptula:
1.508.764.8755
As you requested, Marin Environmental, Inc. (Mann) has prepared preliminary costs for 1.800.676.3707
conducting tasks required by the above Draft Consent Order. FAX 1.508.764.4054
Sampling of the approximately 15 water supply wells, including a summary report, is 114 SOUTH STATE STREET
estimated to be $2,000. Costs for laboratory analysis (EPA Method 624 GC/MS), if
included, would be approximately$100 per sample. PO BOX 1414
CONCORD NH 03302
A scope of work, as referenced under Section 4B of the Order, is estimated to be$1,500. 1.603.224.8871
1,800,636.6030
An engineering report, as referenced under Section 4D, is estimated to be $2,500. The
FAX 1.603.224.8688
report would include a hydrogeologic evaluation, a present-worth analysis and schedule.
The estimated cost assumes that information is readily available and that no additional
test borings or wells will be required. Costs for preparation of the water supply plans and 1700 HEGEMAN AVENUE
specifications would not be included. COLCHESTER VT 05446
1.802.655.0011
Should you have any questions or require anything further, feel free to contact us at(860)
345- 4578. 1.800.520.6065
i FAX 1.802.655.6076
Sincerely,
INTERNET
Marin Environmental, Inc.
WWW.MARI NENV.CO.M
Robert D. Bristol, LEP
Senior Hydrogeologist
99014/AO09rd101.doc
40wN Seq<
05 r„ �� 0-1de SoatA ?Vzfuik�t
y" 1540 SULLIVAN AVENUE - SOUTH WINDSOR, CT 06074-2786
AREA CODE 860/644-2511,EXTENSION 279
�sox•coN FAX 8601644-3781
BARRY D. GULIANO
Town Attorney
June 26, 2001
Bureau of Water Management
Connecticut Dept. of Environmental Protection
79 Elm Street
Hartford, CT 06106-5727
Re: Water Line Extension, Barber Hill/Miller Road Area
To Whom It May Concern:
I am the Town Attorney for the Town of South Windsor, Connecticut. By this
letter, I hereby certify that it is my opinion that all necessary easements, rights
of way and site acquisitions have been acquired for the installation of the water
main pipe on the above-referenced project. This opinion and certification is
based upon the representations of Fuss & O'Neill, Inc., the designer of the
project, that the water main will be entirely within the paved portion of Miller
Road and Barber Hill Road.
Very truly yours
4. Gu
O.tl N se 44
Town ap S.OUA Vzow&ot
O a
y" 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074-2786
AREA CODE 860/644-2511,EXTENSION 279
SOR•CO FAX 860/644-3781
BARRY D. GULIANO
Town Attorney
June 26, 2001
Bureau of Water Management
Connecticut Dept. of Environmental Protection
79 Elm Street
Hartford, CT 06106-5727
Re: Water Line Extension, Barber Hill/Miller Road Area
To Whom It May Concern:
I am the Town Attorney for the Town of South Windsor, Connecticut. By this
letter, I hereby certify that it is my opinion that all necessary easements, rights
of way and site acquisitions have been acquired for the installation of the water
main pipe on the above-referenced project. This opinion and certification is
based upon the representations of Fuss & O'Neill, Inc., the designer of the
project, that the water main will be entirely within the paved portion of Miller
Road and Barber Hill Road.
Very truly yours
aWtorne
To
Fuss&O'Neill InC. Consulting Engineers 146 Hartford Road,Manchester,CT 06040-5921
TEL 86o 646.2469 Fax 86o 643-6313
INTERNET:www.fussandoneill.com
Other Offices:
July 5, 2001 West Springfield,Massachusetts
Trumbull,Connecticut
Providence,Rhode Island
Mr. Gil Richards
Bureau of Water Management
Department of Environmental Protection
79 Elm Street
Hartford, CT 06106
RE: WS-163
Water Main Extension Miller Road&Barber Hill Road
Dear Gil:
Bids for the referenced contract were received and opened by the Town of South
Windsor on June 26, 2001. We are submitting all necessary documents for you to
authorize awarding the referenced contract. The following documents are enclosed for
your consideration:
l. Two(2) copies of the bid tabulation;
2. Two (2) copies of the proposal of the lowest responsive bidder;
3. A copy of a letter addressed to the Town of South Windsor, indicating the name
of the lowest qualified and responsive bidder that we have recommended for award
of the contract;
4. One (1) copy of the bid advertisement, and
5. One(1)copy of Proj ect Cost Estimate Form. A signed copy will be sent to you by
the Town.
Please notify us of your decision to authorize awarding of this contract. Thank you for
your consideration.
Sincerely,
Thomas DeSantos
Civil Engineer III
/ew
Enclosures
ala 36b'-Dcptul&',South-`V fnd§or mealth Dept-
G:\P2000\301\A10\TPD070201_DEP.wpd
Cones.(HQ)
BID TABULATION
BARBER HILL ROAD WATER MAIN EXTENSION
SOUTH WINDSOR
JUNE 26,2001
ENGINEERS ESTIMATE BID#1 BID#2 BID#3 BID#4
Paganelli Construction Spazz rind Construction Folsom Construction CFL
ITEM DESCRIPTION UNIT QUANTITY $KNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL
PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE
02221.2 TEST PITS C.Y. 30 $15.00 $450.00 $78.00 $2,340.00 $50.55 $1,500.00 $200.00 $6,000.00 $20.00 $600.00
02221.3 ROCK EXCAVATION C.Y. 100 $35.00 $3,5W.00 $70.00 $7,000.00 $100.00 $10,000.00 $275.00 $27,500.00 $1.00 $100.00
02221A TRENCH EXCAVATION FOR SERVICES L.F. 700----WOO 14,000.00 $34.00 $23,800.00 10.W $7,000.00 7.00 $18,900.00 $7.00 $4,900.00
02221.5 GRAVEL FILL C.Y. 30 $10.00 $300.00 $18.00 $540.00 $25.00 $750.W $28.W $840.00 $15.00 .00
02291.1 HAYBALE EROSION CHECKS L.F. 100 $3.00 $300.00 $4.00 $400.00 $5.00 $500.00 $3.00 $300.00 $2.50 $250.00
02292.1 BARRIER FENCE L.F. 200 $3.00 $600.00 $2.W $400.00 $5.00 $1,000.00 $3.00 $6W.00 $7.00 1AW.00
02293.1 SILT FENCE L.F. 1000 $2,50 $2=00 $2.00 $2,WO.W $3.00 $3,W0.W $2.00 $2,0W.W $2.50 $2=00
02410.1 SIX INCHUNDERDRAIN L.F. 40 $35.00 $1,400.00 $40.W $1,6W.W $25.00 $1,WO.W .50 9W.W .W ,4W.W
02483.1 OAKTREES EA 5 $300.00 $1.500.00 $415.00 $2,075.00 $450.00 $2.250.00 $550.00 $2,750.00 $615.00 $3,075.00
024832 PINE TREES FA 5 $2W.0 $1,0W.W $155.00 $775.00 $170.00 $850.W $825.00 $4,125.00 $200.00 $1,000.00
02483.3 ICOMPACT BURNING BUSHES FA 10 $80.00 $800.00 $35.00 $350.W .W $400.00 .W $550.00 $100.00 1,WO.00
02483A SPREADINGYEWS EA 10 $80.00 $800.00 $44.00 $440.00 $50.00 $500.00 $55.00 $550.00 $110.00 $1.100.00
02483.5 GRAVELICRUSHED STONE SURFACE REPAIR S.Y. 50 $10.00 $500.00 $14.W $700.00 $10.00 $500.W .W ,000.W 10.00 $500.W
02527.1 BITUMINOUS CONCRETE CURB LF. 11W .W $3,300.00 $3.00 $3,300.00 $4.00 $4,400.00 $4.40 $4,840.00 $3.00 $3,3W.W
02551.1 DRIVEWAY APRON OVERLAY S.Y. 1W .W $600.00 $14.00 $1,400.00 $20.00 $2,000.W $17.30 $1,730.00 $7.80 $780.00
02551.2 DRIVEWAY REPLACEMENT S.Y. 1W $16.00 $1,600.00 $20.00 $2,000.W .00 $3,W0.00 $18.25 $1,825.W .W =00
02555.1 CONCRETE DRIVEWAYS S.Y. 2W $55.00 $11,000.00 $60.00 $12,000.00 $80.00 $16,W0.00 $32.W $6,400.00 $65.00 $13,000.W
02575.1 TEMPORARY PAVEMENT REPAIR L.F. 2650 $10.W 6,500.W $13.00 $34,450.W $20.W $53,000.W .W $74,200.W $4.W $10,6W.W
02575.2 PERMANENT PAVEMENT REPAIR LF. 2650 $1&00 $39,750.00 $16.00 $42,4W.W $20.00 $53,WO.00 $18.W $47,700.00 $7.00 $18AW.W
02575.3 MISCELLANEOUS BITUMINOUS CONCRETE TON 20 $45.00 $900.00 $75.00 $115W.00 $100.00 $2,000.00 $101.00 $2,020.00 $56.00 1,120.01)
02585.1 MAINTENANCE AND PROTECTION OF TRAFFIC L.S. 1 $20,01)0.00 $20,000.00 $11,367.99 $111367.99 $21.500.00 $21,500.00 $29588.00 $29,W.00. $10,000.00 $10,000.01)
02645.1 BL.OWOFFS EA. 1 WO0000 $2,000.00 $1,800.00 $1,800.01) $500.001 $500,00 $960.40 $960.40 $1,300.00 $1,300.55
02670.1 POTABLE WELL ABANDONMENT FA. 36 $1,400.00 $50AM.00 12W.00 $432W.00 $1,200.00 $132W.00 $11=00 $47,700.00 $3,950.W $127,8W.00
02713.1 8"DUCTILE IRON WATER MAIN L.F. 880 $45.00 $39,600.00 $46.00 $40,480.00 $39.00 $34,320.00 $46.50 $40.920.00 $84.00 $73,920.00
027132 12"DUCTILE IRON WATER MAIN L.F. 1440 96DO $79,200.00 $56.00 $80,640.00 $56.00 $80,640.01) $53.00 $76,320.00 $100.00 $1144,000.01)
02713.3 8"GATE VALVE EA. 2 $650.00 $1AW.00 $1,0013.00 $2,000.00 $570.00 $1.140.01) $1,450.00 $2,900.00 $1,060.00 $2,120.00
02713.4 12'GATEVALVE FA 2 1.500.00 ,000.00 1,8013.00 ,600.00 $1,055.00 $2,110.00 1,700.00 $3,400.00 $1,8W.00 $3,720.00
02718.1 1"COPPER WATER SERVICE CONNECTION LF. 2300 $30.00 $69,000.00 .W $46.000.00 $16.50 $37,950.00 $26.00 $59,800.00 $46.00 $105,8W.00
02718.2 1 11r COPPER WATER SERVICE CONNECTION L.F. 1000 $34.00 $34,000.00 $20.00 $20,000.00 $20.00 $20,01)(3.00 $32.00 $32,01)0.00 $48.00 $48,000.00
02718.3 PREPARE METER AND CONNECT SERVICE EA 36 $250.013 $9,000.00 $5W.W $18.000.00 .W 18,000.00 $675.00 $24,300.01) $480.00 $17280.00
02718.4 METER PIT FA. 2 $700.00 $1,400.00 $600.00 $1=00 $800.00 $1,6W.00 $1,075.00 $2,150.00 $1,300.00 $2.600.00
OZ718.5 TEMPORARY POTABLE WATER GAL. 500 $1.00 $SOO.00 .W $1,000.00 $1.00 $500.W 1.115 $575.00 $1.00 $500.00
02718.E INTERIOR PLUMBING MODIFICATIONS FA 15 $500.00 $7,500.00 $450.00 $6,750.00 $5W.0 $7,500.W $1,8W.W $27,000.00 $500.00 $7,500.00
02726.1 LEACHING FACILITY REPAIR LF. 80 $30.00 $2,400.00 $20.W. $1,6W.00 $15.00 $121313.00 $24.00 $1,920.00 $1.00 $80.00
03316.1 MISCELLANEOUS CONCRETE C.Y. 10 $1W.W 1,OW.00 $260.001 $2,6W.00 $500:00 $5,91313.00 .W .00 1.W tO.W
TOTAL BASE BID $431,900.00 $419,9W.99 $438,410.001 $558.291AOI $613,485.00
ALTERNATES
02232.1 ROLLED GRAVEL BASE S.Y. 300 $9.00 $2.700.00 $12.00 $3,61k.00 $3.00 $900.00 $12.00 $3,600.00 .85 1,455.00
0ZMA PROCESSED AGGREGATE BASE S.Y. 300 $10.00 $3,000.00 $10.00 $3,000.00 $5.65 $1,695.00 $15.00 $45W.00 $11.00 $3,300.00
02575A 3"BITUMINOUS CONCRETE S.Y. 300 $9.00 $2,700.00 $11.00 $3,300.00 $9.00 $2,700.00 .W ,6W.00 $14.80 $4A40.00
02575.5 FULL WIDTH 11-10OVERLAY S.Y. 5900 $5.00 $29,500.00 $525 $30,975.00 $527 $31,093.01) $8.50 $50,150.00 $4.80 $28,320.00
02575.6 MILLING S.Y. 5900 $6.00 $35AW.00 $2.50 $14,750.00 $223 $13,157.00 $2.75 $16,225.00 $2.20 $12,980.00
02579.1 4"YELLOW PAVEMENT MARKINGS L.F. 48M .30 1,440.00 $0.25 $12W.00 $025 $1,ZW.66 $025 1,MOD .22 1,056.00
025792 12"WHITE PAVEMENT MARKINGS L.F. 40 $3.00 $120.00 $3.50 $140.01) $1.00 $40.00 $1.00 $40.00 $2.65 $106.00
02544.1 FIRE HYDRANT EA. 3 $2,000.00 ,WO.00 $4,500.00 13,500.00 .700.00 $8,100.00 $7.500.00 $22,500.00 $5A70.W $16,410.00
TOTAL ALTERNATE BID $80.M.001 $70,465.001 $58,885.001 $104,815.001 $68,067.00
SUPPORTING DOCUMENTATION
BID BOND YES YES YES YES
DOCUMENTS TYPED YES YES YES YES
P-1 OR P-7 LICENSE SUBMITTED YES YES YES YES
BALANCED BID FORM YES YES YES NO
PROJECT REFERENCES YES YES YES YES
LIST OF SUBCONTRACTORS YES YES YES YES
NUMBER OF UNBALANCED BID ITEMS 0 0 0 4
% BID ITEMS UNBALANCED 0% 0% 0% 11%
%OF BID UNBALANCED(Eng.Est cost less Bid cost divided by Total Base Bid for Unbalanced bid items. 0% 1 1 0% 1 1 0% 1 1 1%
G:VD2 W 01301%101SpecsIBIDTAB.gpw
06/21/01 THU 08:21 FAX 18606230660 PAGANELLI CONSTRUCTION Z 003/004
r ,
PENAL SUhi FOR2,1
BID BOND
BIDDERN * and AddEess
Paganelli Construction Corporation
3 Ucar Street
Suffield, CT 060
SIMTY-war.e an of Pri c' a of Business):
United States Fidelity and Guaranty Company
Franklin Oa s ice ar '
124 rove treet, FranKiin,
Q DER (Name and Address)-.
Town or bouChWindsor
1540 Sullivan Avenue
South Windsor, CT 060/4
BID DUE DATE: June 26, 2001
PROJECT(Brief Description Including Location):
Miller Road &.,Barker Hill Road Water Main Extension, South Windsor
B0IND
BOND NUMBER: N/A
DATE(Not later than Bid due date): June 26, 2001
PENAL SUM: Five Percent of Amount Bid (5%)
(Words) (Figures)
IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the terms
printed on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its
authorized officer, agent, or representative,
BIDDER •SURETY
Paganelli Construction Cor oration
P (Seal) United States Fidelity and Guazaa5y Compar
Bidder's Name and Corporate Seal Surety's Name and Corporate Seal
+ " ` •• 2 .
By.
) By: ef -G`,
S&L and Title Patr.Lcia K. IS1$K%1fureA-R4dTA
(Attach'Power of Aittorney)ac t
Attest:
ACes
Signatu d Title G p54;qwk i e and Title
Note: (1) Above addresses are to be used far giving required notice, -
(2) Any singular reference to Bidder; Surety, OWNER or other parry shall be considered
plural where applicable.
E]'CDC N0. 1910-28-C (1996 Edition) 00410-1
106121A01 THU 08:21 FAX 18606230660 PAGANELLI CONSTRUCTION
Z 004/004
PENAL SUM FORM
I. Bidder and Surety, jointly and severally, bind S. Notices required hereunder shall be in writing
themselves, their heirs, executors, administrators, sent to Bidder and Surety at their respectiv a ddressed
ses
successors and assigns to pay to OWNER upon default shown on the face of this Bond. Such notices may be
of Bidder the penal sum set forth on the face of this sent by personal delivery, commercial courier or by
Bond. United States Registered or Certified Mail, return
? receipt requested,postage pre-paid, and shall be deemai
Default of Bidder shall occur upon the failure of to be effective upon receipt by the parry concerned.
Bidder to deliver within the time required by the Bidding
Documents (or any extension thereof agreed to in 9. Surety shall cause to be attached to this Bond a
writing by OWNER) the executed Agreement required current and effective Power or Attorney evidencing the
by the Bidding Documents and any performance and authority of the officer, agent or representative who
payment Bonds required by the Bidding Documents. executed this Bond on behalf of Surety to execute, sej
and deliver such Bond and bind the Surety thereby.
3_ This obligation shall be null and void if:
3.1. OWNER accepts Bidder's Bid and Bidder 10. This Bond is intended to conform to all applicable
delivers within the time required by the Bidding statutory requirements. Any applicable requirement of
Documents(or any extension thereof agreed to any applicable statute that has been omitted from this
in writing by OWNER) the executed Bond shall be deemed to be included herein as if set
Agreement required by the Bidding Docutents forth at length. If any provision of this Bond conflicts
and any performance and payment Bonds with any applicable statute, then the provision of said
required by the Bidding Documents, or statute shall govern and the remainder of this Bond that
3.2. AlI Bids are rejected by OWNER, or is not in conflict therewith shall continue in full force
3.3. OWNER fails to issue a Notice of Award to and effect,
Bidder within the time specified in the Bidding
Documents (or any extension thereof agreed to 11. The term"Bid" as used herein includes a Ed, offer
in writing by Bidder and, if applicable, or proposal as applicable.
consented to by Surety when required by
paragraph 5 hereof).
4. Payment under this Bond will be due and payable
upon default by Bidder and within 30 calendar days after
receipt by Bidder and Surety of written notice of default
from OWNER, which notice will be given with
reasonable promptness, identifying this Bond and the
Project and including a statement of the amount due.
5. Surety waives notice of and any and all defenses
based on or arising out of any time extension to issue
Notice of Award agreed to in writing by OWNER and
Bidder,provided that the total time for issuing Noice of
Award including extensions shall not in the aggregate
exceed 120 days from Bid due date without Surety's
written consent.
6. No suit or action shall be commenced under this
Bond prior to 30 calendar days after the notice of default
required in paragraph 4 above is received byBidder and
Surety and in no case later than one year after Bid due
date.
7. Any suit or action under this Bond shall be
commenced only in a court of competent jurisdiction
located in the state in which the Project is located.
EJCDC N0. 1910-28-C (1996 Edition) 0041N2
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PRINTED IN USA
Signed
AVERY FORM NO.50-736 PRINTED IN USA