Nov 25, 2002

I am writing in response to your letter of November 13, 2002 forwarding the design feature for a new spring collection system that Viacom plans to build at Neal's Landfill.

As you know, the existing interim water treatment facility at Neal's Landfill was built pursuant to the 1985 Consent Decree. This system was intended to capture and treat 1 cubic foot per second of the combined flow from three springs -- South Spring, North Spring, and Southwest Seep. Since the completion of this interim treatment facility, Southwest Seep has dried up, and a network of new springs has appeared. Unlike the springs identified in the Consent Decree, the new springs are not currently treated before they flow into Conard's Branch, a surface stream that flows into Richland Creek.

Viacom believes that the threat posed by the PCB releases from the new springs may be remedied by diverting their flow to the existing interim treatment facility at Neal's Landfill. To test this theory, Viacom plans to construct a collection system to divert water from the new springs to the treatment facility during "low flow" periods when treatment facility has excess capacity. During extended high flow periods, Viacom plans to shut down the collection system. EPA has agreed to allow the construction of this system pursuant to the Operating Principles that the parties signed in February of 1994. Specifically, EPA believes that the data obtained from the operation of the system may prove useful for assessing potential alternative remedies for the site. Such data collection activities by Viacom are specifically contemplated under the "Data Assessment and Development" section of the Operating Principles.

EPA wants to make clear, however, that Viacom is proceeding with the implementation of the collection system at its own risk. At this point, EPA has not determined that the collection system is an appropriate remedial measure to address Groundwater and surface-water issues at Neal's Landfill, and it is possible that EPA may ultimately conclude that different or additional measures are appropriate. Under the Operating Principles (and under CERCLA and its implementing regulations), any remedy that is implemented as an alternative to the remedy set forth in the Consent Decree must be protective of human health and the environment. Further, this alternative remedy must be selected through a ROD amendment process, which includes public comment. At the conclusion of this process, EPA may determine that Viacom's collection system is not an appropriate (or a complete) remedy, particularly given the fact that the system is not designed to capture PCB releases during periods of high flow.

EPA appreciates Viacom undertaking this initiative as part of the ongoing settlement discussions among Consent Decree parties. We hope the collection system proves successful in reducing PCB levels in Conard's Branch and Richland Creek. At the very least, we believe that the system may provide useful data for assessing various alternative remedies at the site.