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HomeMy WebLinkAbout217-10 RESOLUTIONRESOLUTION NO. 217-10 A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN THE APPLICATION FOR DONATION DEED FOR THE FORMER R & P ELECTROPLATING PROPERTY AND A BROWNFIELDS AGREEMENT WHEREAS, the Arkansas Department of Environmental Quality has performed a $2.4 million clean-up and remediation on the old R & P Electroplating property; and WHEREAS, the corporate owner (Plating Park, Inc.) has failed to pay property taxes on this parcel since 1997 and has thus forfeited the property to the State of Arkansas; and WHEREAS, the $2.4 million lien for such ADEQ remediation cannot be released unless this property is conveyed to a public entity; and WHEREAS, the Fayetteville Parks and Recreation Department desires to receive this property which adjoins other city park Iand for use as outlined in the Application For Donation Deed; and WHEREAS, if a Brownfields Agreement can be achieved, the potential liabilities for the City of Fayetteville for accepting this hazardous waste site will be lessened. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign the Application For Donation Deed for the Plating Park, Inc. property and deliver the Application to the State Land Commissioner once the City has received the Brownfields Agreement which Mayor Jordan is also authorized to sign. PASSED and APPROVED this 7th day of December, 2010. APPROVED: Bv. IONELD JO ' • '' , Mayor ATTEST: By: 94d 144146 SONDRA E. SMITH, City Clerk/Treasurer T6F?�� fir °c� `Y 0» sGp : FAYETTEVILLE ouhd {Il�/1D Connie Edmonston Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements City Council Meeting Date Agenda Items Only Division Action Required: Mayor Jordan's signature on the application requesting a donation deed for the former R & P Electorplating property from Arkansas Land Commissioners for Parks and Recreational use including a multi -sport field, trail, trail head parking, pavilion, fishing area, and picnicking area. Parks would add the maintenance of this property into the mowing and maintenance schedule. Costs would be absorbed into the 2011 operational budget and capital needs would be addressed in future CIP. See attached application. Parks & Recreation Department Cost of this request Account Number Project Number Budgeted Item $ Category / Project Budget Program Category / Project Name Funds Used to Date Program / Project Category Name Remaining Balance Fund Name Budget Adjustment Attached // c2 y'—iv Date jIzyJc Date 1 c c Finance and Internal Services Director Date of)' Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City 11-24-1 0P01:30 R C V D Clerk's Office =yor AV Received in Mayor's Office Comments: gt,048,-/z CD4t;,J. 'll Lio pviA a pyleAu ce, Revised January 15, 2009 evil. ARKANSAS City Council Agenda Memo City Council Meeting Date: December 7, 2010 To: Mayor and Members of the City Council From: Don Marr, Chief of Staff Thru: Mayor Jordan Date: 11-30-2010 Subject: Request for R&P Electroplating Property & Brownfield Agreement Recommendation: The City Staff and Administration recommend on behalf of the Mayor's office that the City Council of the City of Fayetteville, AR pass a resolution to authorize Mayor Jordan to sign the Application for Donation Deed for the Former R & P Electroplating Property and a Brownfield Agreement. Background: The City of Fayetteville, AR was contacted by Ryan Benefield, Deputy Director of ADEQ and Clyde Rhoads, Chief, Hazardous Waste Division of ADEQ seeking the City of Fayetteville's interest in taking the old R&P Electroplating land which was cleaned up by ADEQ for 2.4 million dollars and using the land for a public purpose. ADEQ communicated to the Mayor and staff that they would go with the City of Fayetteville to the Land Commissioners Office in support of the City's request to obtain this land free of charge. The City of Fayetteville will have to agree to allow ADEQ to continue to monitor ground water and protect the three monitoring wells on the site as well as insure that the property is not used for any industrial purposes in the future. A letter of intent to participate in the Brownfield Program has been sent to ADEQ and this initiates ADEQ conducting a Phase I permit, which provides the City of Fayetteville Federal Protection. The Brownfield agreement protects the City of Fayetteville of liability associated with the site's clean-up and prior contamination history with the State of Arkansas. ADEQ anticipates that this will be completed within two weeks. Once the City of Fayetteville has all of the paperwork, and application for the Brownfield Agreement presented and approved by ADEQ, the City will file the paperwork requesting application for donation deed for the previous Plating Park, Inc property now owned by the State of Arkansas. Any future responsibilities of collecting the 2.4 Million dollars spent on clean up would be forgiven by ADEQ since the land would be then utilized by a municipal entity (the City of Fayetteville AR) for a public purpose (Multi Use Park and Trail connection) Additionally the current baseball fields (White River Baseball complex) has a portion of the field that is within the R&P Electroplating surveyed property, and this will clear up that property line issue, and will now show that all of the ball field, and future trail connection, and newly proposed multi -use field will be the property of the City of Fayetteville. This 6 acres of land will link two park areas together. (Combs Park and White River Baseball Park). 113 West Mountain 7270! (479) 575-8323 accessfayetteville.org TDD (Telecommunications Device for the Deaf) (479)-521-1316 Budqet Impact: We believe the budget impact for the City of Fayetteville will be minimal. There will be no cost to the city to obtain/acquire the land, and there is no responsibility of the city to pay back the 2.4 Million Dollars of funds utilized to clean up the land. There will however, be an on-going annual maintenance cost to mow and maintain the multi-purpose field. This area currently has park staff in the area, maintaining the White River Complex and Combs Park, and therefore this will be incorporated into the regular maintenance schedule of these areas. Funds to develop this multi- use park and Trail connection will come from future CIP and HMR Parks Development funds - which at this time have not been committed to this project - because the land has not yet been given to the City of Fayetteville. This will be programmed in future CIP/HMR program request. 113 West Mountain 72701 (479) 575-8323 accessfayettevilie.org TDD (Telecommunications Device for the Deaf) (479)-521-1316 Application for Donation Deed Under A.C.A. §22-6-501 Former R & P Electroplating Property Application submitted by the City of Fayetteville, AR 1. Proposed use of land: The City of Fayetteville is requesting the donation of the former R & P Electroplating property. This land would become a crucial and integral part of the Parks and Recreation park system and would complete a vital link between existing facilities. Compelling reasons to consider this request are described below. See attached map. 1. The property lies between the City's White River Baseball Complex and Combs Park. A portion of one of the existing baseball fields is currently located on the R & P property and the City recognizes the need to acquire the land to obtain ownership of the field to secure future use of the field for the Youth Baseball Program for ages 13 - 18. 2. Ownership of this property would enable the City to obtain an important parcel of land that links the White River Baseball Complex consisting of 49 acres (located north of R & P property) to Combs Park with 80 acres (located south of R & P). The 135 acres of continuous park land joining two existing parks would provide several recreational opportunities for the City along the White River corridor such as a trail, pavilion, and picnicking and fishing area. 3. The Fayetteville Alternative Transportation and Trails Plan includes a multi -use trail traversing the R & P property. Incorporating the R & P site into the Parks and Recreation Department would secure 135 acres of continuous, vital greenway, as well as provide a needed trail and trail head with parking. Other recreational amenities would include a pavilion, picnic area, and a public fishing area. 4. A multi -sport field on this site would provide additional playing fields for soccer, rugby, ultimate frisbee, baseball/softball practice, as well as other possible sports or special events. To meet future field needs, Parks and Recreation has preliminarily discussed the possibility of leasing land on the south side of Pump Station Road from Marshalltown Tools to create a multi -sport complex (which includes the R & P field) in our City's southeast side. Existing concession and restroom facilities located at White River Baseball Complex would support this proposed complex. 2. Duration of use for the stated purposes: 1. White River Baseball Complex will continue operating as long as there is a baseball league for ages 13 to 18. At some point in time, the baseball complex may be used for other age groups or as practice fields. 1 2. Recreational improvements planned for the site will be constructed as funding is available. The trails will initially be blazed in 2011 as nature trails by a volunteer group such as the Boy Scouts. Pump Station Road will be utilized for parking for the trail system, as well as the multi -sport field effective in 2011. Fishing from the bank will be permitted. 3. The Fayetteville Alternative Transportation Trail will be 12 feet wide, will be composed of asphalt/concrete and will replace the initial nature trail. This trail is estimated to be built in the next 5 to10 years depending upon approval of City Council. 4. The multi -sport field will be prepared and seeded for use in 2011. Plans are to upgrade the field in future years when the budget allows, and to irrigate from the White River upon approval of the Corp of Engineers. The multi -sport complex completion date will be determined by public need and a future property lease for additional fields from Marshall Town Tools. See attached map. 3. The division or department designated for the maintenance and operation of the property once deeded: The Fayetteville Parks and Recreation Department will be responsible for the maintenance and recreational programming of this property. It will be routinely maintained and operated as part of the City's parks system in 2011. 4. Date of beginning of construction: Parks and Recreation plans to have a natural trail blazed through this property and to upgrade and reseed the multi -sport field early in 2011. Once the field is ready, it will be programmed for practices and events. The Alternative Transportation Trail is estimated to be built in the next 5 to 10 years depending upon approval of City Council. Other recreational amenities such as the pavilion and picnic table will be added as budget permits. 5. Whether the proposed use includes sale or conveyance of the property to a third party: No sale or conveyance of the property is anticipated. The City would own the property as a park and would be responsible for properly maintaining and upgrading the property for outdoor recreational purposes. Thank you for your consideration of this important request from the City of Fayetteville. If this request is approved, please be assured that the Fayetteville Parks and Recreation Department and the citizens of Fayetteville would benefit from this generous donation of property. 2 APPLICATION FOR DONATION DEED UNDER A.C.A. § 22-6-501, AS AMENDED The undersigned hereby requests a Donation Deed under A.C.A. § 22-6-501 to be issued on the following described Real Property in WASHINGTON County. Parcel Number: 765-19950-000 Code / Year: 31-4 1997 Record owner as certified: PLATING PARK, INC. Description: DISTRICT 11- Under Investigation for Haz, Waste Contamination by DEQ Acreage: 0 Lot: 12 City: FAYETTEVILLE Addition: INDUSTRIAL PARK FINAL REPLAT The above referenced property was forfeited to the Commissioner of State Lands for the nonpayment of ad valorem real estate taxes for the year 1997. Please address the following requirements, attach extra sheet or plan if necessary. The name of the government agency or office to whom title should be conveyed: City of Fayetteville, AR Please attach a statement including the following information: 1) Proposed use of land; 2) Duration of use for the stated purpose; 3) The division or department designated for the maintenance and operation of the property once deeded; 4) Date of beginning of construction, if applicable; 5) And, whether the proposed use includes sale or conveyance of the property to a third party You may also include any maps, plats, drawings or plans detailing the proposed use as well as any information regarding financing of the construction and maintenance of the project. The undersigned states that it understands the following: The Commissioner of State Lands is authorized to accept the application as submitted or recommend modifications to the application. The Commissioner of State Lands is further empowered to disallow any application determined by the Commissioner to be contrary to the best interests of the health and general welfare of the state and its citizens. The deed issued by the Commissioner of State Lands to a state department or agency, state institution, city, county or school district under A.C.A. § 22-6-501, as amended, may contain restrictive covenants or reservations stating that should the governmental unit no longer desire to use the land for the proposed use stated in the application, said governmental unit shall submit a subsequent letter of application to the Commissioner of State Lands to request change in the use of the property, and the Commissioner of State Lands shall accept, modify, or disallow the request. Moreover, should the governmental unit determine that the property can no longer be utilized, the property shall revert to the State. In no case shall the property be sold or donated by the governmental entity unless otherwise ated and appro-ed by the Commissioner in this application. yA Autl9'6rized signature cdovernmental Unit Date Lioneld Jordan, Mayor City of Fayettevi#le, AR Printed Name and Title Mail To: City of Fayetteville 113 W. Mountain St. Fayetteville, AR 72701 RESOLUTION NO. A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN THE APPLICATION FOR DONATION DEED FOR THE FORMER R & P ELECTROPLATING PROPERTY AND A BROWNFIELDS AGREEMENT WHEREAS, the Arkansas Department of Environmental Quality has performed a $2.4 million clean-up and remediation on the old R & P Electroplating property; and WHEREAS, the corporate owner (Plating Park, Inc.) has failed to pay property taxes on this parcel since 1997 and has thus forfeited the property to the State of Arkansas; and WHEREAS, the $2.4 million Iien for such ADEQ remediation cannot be released unless this property is conveyed to a public entity; and WHEREAS, the Fayetteville Parks and Recreation Department desires to receive this property which adjoins other city park land for use as outlined in the Application For Donation Deed; and WHEREAS, if a Brownfields Agreement can be achieved, the potential liabilities for the City of Fayetteville for accepting this hazardous waste site will be lessened. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign the Application For Donation Deed for the Plating Park, Inc. property and deliver the Application to the State Land Commissioner once the City has received the Brownfields Agreement which Mayor Jordan is also authorized to sign. PASSED and APPROVED this 7th day of December, 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer ARKANSAS www.accessfayetteville.org Departmental Correspondence MEMORANDUM TO: DON MARK, CHIEF OF STAFF CONNIE EDMONSTON, PARKS DIRECTOR FROM: JASON B. KELLEY, ASST. CITY ATTORNEY CC: KIT WILLIAMS, CITY ATTORNEY RE: R&B ELECTROPLATING PROPERTY DATE: NOVEMBER 22, 2010 LEGAL DEPARTMENT Kit Williams City Attorney Jason B. Kelley Assistant City Attorney Assuming assurances by the Arkansas Department of Environmental Quality (ADEQ) and the state Land Commissioner's office are maintained, the City's acquisition of the former R&B Electroplating property should be a positive experience for the City of Fayetteville and a benefit to the City's residents. But as we discussed previously, there are risks in the proposal. My initial concern is that by taking title to the property before completion of the ADEQ Brownfields Program application and implementing agreement, a chance exists that if environmental concerns are discovered on the property between the time the City takes title and completion of the Brownfields process, the City, as owner, could be liable for additional cleanup or remediation costs. I understand that the risk is slight, given that ADEQ itself performed $2.4 million in remediation on the property, but the risk is still there and should be disclosed. Secondly, after the Phase I site assessment is completed, the City and ADEQ will negotiate an implementing agreement which would define any City obligation regarding future environmental concerns on the property and, in return, provide the City with liability protection from environrnentaI issues on the site for any pre-existing conditions. Should problems be detected prior to finalization of the process, ADEQ could require the City to perform additional remediation in exchange for the liability protection. This would equate to unanticipated expense. Again, this is a slight risk given that ADEQ would likely be hesitant to criticize its own cleanup effort, but the possibility remains. Since the City has decided to initiate the process to obtain the land, I have emailed ADEQ to request the required application information we don't know. I have also requested a list of the deed restrictions ADEQ will want the Land Commissioner to include. When I get a response, I will forward it to each of you. S)alreattlie PARK PLANNING DIVISION 14'56 I. HAPPY HOLLOW ROA R & P ELECTROPLATING SITE PLAN t �wsM4 ...Ph rs NA1.14,1. i 1W1L e PARK PLANNING DIVISION 145$ S. NAPPY NOHOW ROAD MDR FA MULTI -USE FIELDS SITE PLAN lJTU ADEQ ARKANSAS Department of Environmental Quality December 1.2010 The City Of Fayetteville Attention: Mayor Lionelcl Jordan 113 Wrest Mountain Fayetteville, Arkansas 72701 c: V L-_ 20 MAYOR'S 011HCF: Re: Letter of Intent to Purchase and Enter into the Brownfields Program the property located at 2000 Pump Station Road, Fayetteville, Washington County, AR, R&P L ectroplating Site, APIN 72-00174 Dear Mayor Jordan: The Arkansas Department of Environmental Quality (ADEQ) has received your Notice of intent to Purchase and request to enter the property located at 2000 Pump Station Road, Fayetteville, Washington County, Arkansas in the Arkansas Brownfields Program. ADEQ's review of the information submitted demonstrates that you meet the requirements for participation in the Arkansas Brownfields Program as described in Arkansas Code Annotated (A.C.A.) § 8-7- 1104(a). A Phase I Environmental Site Assessment (ESA) will be provided by our "on call contractors". The ADEQ technical staff will provide free technical assistance and oversight throughout the Brownfields process. The Phase I ESA will be reviewed to make sure it meets the current standards, then, if recommended, a Comprehensive Site Assessment (CSA) will be required to determine the nature and extent of site contamination. ADEQ would like to offer our support in the City's endeavor to acquire the R&P Electroplating Site from the State Land Commissioner which wi]] allow for redevelopment and reuse of the property. We than.k you for your support of the Arkansas Brownfields Program, and look forward to completing this project. Should you have any questions or comments, please feel free to call me at (501) 682-0867 or email to tern made .state.ar.us Sincerely, "Ferry Sligh Brownfields Program Coordinator ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY 5301 NORTI-ISHORE DRIVE / NORTH LITTLE ROCK / ARKANSAS 72118-5317 / TELEPHONE 501-682-0744 / FAX 501-682-0880 www.odeq.stale,or.us Page 1 of 2 Don Marr - RE: ADEQ - R&P From: "Rhodes, Clyde" <RI-iODESC@adeq.state.ar.us> To: Don Marr <dmarr@ci.fayetteville.ar.us> Date: 12/1/2010 2:03 PM Subject: RE: ADEQ - R&P CC: Jason Kelley<jlcelley@ci.fayetteville.ar.us>, "Sligh, Terry" <TERRY@adeq.state.ar.us> Good afternoon Don, Based upon the Letter of Intent received — Welcome to the Brownfields Program! We have tasked FTN in completing the Phase I. I would hope to receive that by the week of December 13th or sooner. In regards to an "ADEQ Property Lien", ADEQ does not have a property lien recorded for the site. I have tasked Terry Sligh, Brownfields Coordinator, to develop a letter in support of the Land request. We should have that to you by tomorrow. And in regards to groundwater restrictions the language below will be included in an Implementing Agreement; Restricted Uses: No groundwater shall be extracted from beneath the Site for any purpose other than those purposes associated with environmental sampling and testing and remediation of the Site by ADEQ or its Agents. General Restrictions: No alteration to any of the monitoring wells on the Site shall be made without prior written approval issued by ADEQ to the Site owner (City of Fayetteville). Right of Access: ADEQ or its agents are granted access to the Site to conduct sampling of groundwater monitoring wells, or to install additional groundwater monitoring and/or extraction wells if warranted. I believe I have answered all of your questions, please let me know if you have any other questions...thanks Don. Clyde Rhodes Chief, Hazardous Waste Division I 5301 Northshore Drive North Little Rock, AR 72118-5317 (501) 682-0831 From: Don Marr[mailto:dmarr@ci.fayetteville.ar.us] Sent: Wednesday, December 01, 2010 12:51 PM To: Rhodes, Clyde file://C:\Documents and Settings\dmarr\Local Settings\Temp\XPgrpwisel4CF655A3%AYE... 12/6/2010 Page 2 of 2 Cc: Jason Kelley Subject: Fwd: ADEQ - R&P Clyde - Per the request of Ryan and yourself, Attached is the letter from Mayor Jordan requesting our intentions for the Brownfield Agreement. The City Council has been advised by the City Attorney's office in their upcoming vote, to only support the resolution before the City Council for the Mayor to accept the land and provide the Land Commissioner Application requesting the land , Only _after the City has been accepted into the e Brownfields Agreement program and the City has protections both from the State and Federal governmentas it relates to this land _and our responsibilities/requirements. Additionally, the City Attorney's offices has advised that we have something in writing from ADEQ in support of our application to the Land Commissioner for the land, and the requirements (deed restrictions that ADEQ will require), an ADEQ's written confirmation about the property lien for the clean up cost be removed and/or forgiven for the City of Fayetteville if the City receives the land, They would like for us to have in writing some of the commitments that have been communicated verbally at this point. My questions to you are will this letter, now authorize you to begin the Phase 1 work that Ryan said you all would do? Can you send me anything in writing expressing ADEQ's support for the City of Fayetteville to have this land given by the Land Commissioner to the City of Fayetteville and support for our Land request application, and ;lastly, how quickly do you think we can get the accepted into the Brownfield Agreement Program, so that we can request the land donation before the end of the year, since our conversations have been with Land Commissioner Wilcox, and it is our desire to complete this before his term ends. Lastly, ADEQ mentioned deed restrictions, can we get what those restrictions/requirements will be as soon as possible so we can get this into our application/file. Thank you, Don Marr Don Marr If you live in Fayetteville, sign up today to make and track a personal environmental conservation pledge in Fayetteville's national -model program at www.ecoiogicalcommun__ _ities.org Chief of Staff for Mayor Jordan 113 W Mountain Street Fayetteville, AR 72701 Office: 479-575-8330 For TDD: (Telecommunications Device for the Deaf) Dial 479-521-1316 Email: dmarr@ci,.fayetteville.ar,us Website: wwwaccessfayetteville.org »> "City of Fayetteville" <mayorcan.o n@CL,faYetteville.ar.com> 11/30/2010 2:21 PM »> file://C:\Documents and Settings\dmarr\Local Settings\Temp\XPgrpwisel4CF655A3FAYE... 12/6/2010 4.1.1 Site Location and Legal Description The former R&P facility is located at 2000 Pump Station Road, Fayetteville, Washington County, Arkansas. The site is located in the Fayetteville Industrial Park in the southeast part of the city. The geographic coordinates measured at the front entrance to the facility are 36° 02' 28" north latitude, 94° 07' 54" west longitude. These coordinates were determined using a Garmin eTrex Legend GPS positioning instrument. The site's legal description follows: Lot 12 of the replat of Fayetteville Industrial Park Subdivision as filed in the circuit clerks office in Fayetteville, Washington County, Arkansas, which is South 198.02 feet and East 2227.60 feet from the Southwest corner of Section 23, said point being on the North right-of-way line of Pump Station Road; thence along said right-of-way S 88° 45' E 340.52 feet; thence N 00° 03' E 738.62 feet; thence N 88° 45' W 340.52 feet; thence S 00° 03' W 738.63 feet to the point of beginning and containing 5.78 acres more or less. 5.1 Operational History The property was used primarily as a chromium metal plating operation from 1974 to May 1997. After cessation of operations, hazardous substances including cyanides, acid plating solutions, various solvents, acids (hydrochloric, sulfuric, and hydrofluoric), caustic soda beads and soda ash, oils, spent solutions and sludge were left in vats, drums, containers, trenches, and sumps. Several companies, including Tyson Foods, Inc. and the Campbell Soup Company, used the buildings and grounds for storage space from 1997 to 2000. The facility was vandalized on August 22, 1998, resulting in a release of an undetermined amount of various hazardous substances. On August 25, 1998, the ADEQ issued a verbal Emergency Order of the Director for the facility owner to secure the site and retain an emergency services contractor. The facility owners failed to comply with the Order. The ADEQ thus issued an Emergency Order of the Director, LIS 98-124, on August 27, 1998, and secured the response services of Haz-MERT Inc. of Lowell, Arkansas, to proceed with all necessary response actionsas detailed in the Order. On January 13, 1999, the Superfund Technical Assessment and Response Team (START) was tasked by Region 6 EPA to provide removal support at the R&P site. Removal actions included waste stream classification and sampling of drums, vats, various containers and materials, trenches, and sumps. Approximately 42,080 gallons of liquid waste and 410,200 pounds of solid/sludge waste were removed from the facility and disposed of at hazardous waste disposal facilities. Piping, conduit, wiring, air ducts, and hallway carpeting were removed. Floors, trenches, and sumps were pressure washed and sealed with XYPEL concrete sealant (Ecology & Environment Inc. 1999a). A number of investigations were conducted between 1998 and 2003 that confirmed the release of industry -related compounds (i.e., heavy metals and solvents) to the environment. Section 9.1 discusses these previous investigations. 5.2 Ownership History Originally known as Plating Park, Inc., R&P Electroplating, Inc. owned the property by at least March 1973 based on a review of Washington County courthouse records. At the present time, the R&P site is in state hands due to non-payment of taxes since 1996. In July 2001, EPA Region 6 placed a federal lien against the property to secure payment for all costs and damages for which R&P Electroplating, Inc. was liable to the United States under Section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), but this lien expired in August 2004. 5.3 Past Environmental Regulatory Involvement A review of the ADEQ files for R&P Electroplating, Inc. indicated that the facility at 2000 Pump Station Road had been issued EPA ID #ARD035560507. While in operation the facility held permits, violated permit conditions, and was subject to legal actions, as discussed in this section. 5.3.1 Permits, Licenses, and Certificates The R&P facility filed as a large quantity generator of hazardous wastes, including filter cake containing metal hydroxides and chromium toxicity (F006 and D007), cyanide solutions and solids (F009, D003, D007), zinc solutions and solids sludge (D002), and spent 1,1,1- trichloroethane (F001) (R&P 1995, 1996, and 1997). R&P obtained a NPDES Storm Runoff Permit (Permit No. ARROOA 147) in November 1992. The permit was voided on July 21, 1999. During operations, R&P discharged wastewater to the city's wastewater treatment plant (WWTP) under Permit No.C9201 R. 5.3,2 Investigation and Inspection Reports The ADEQ conducted a number of hazardous waste inspections between 1983 and 1996 and, in some cases, noted violations of Arkansas Regulation 23. The sequence of inspections based on available information follows: 1. Based on a September 21, 1983 inspection, THE ADEQ notified R&P to correct three deficiencies on October 10, 1983 (Ecology & Environment, Inc. 2000). 2. The ADEQ conducted another inspection on February 24, 1987 (Ecology & Environment, Inc. 2000). 3. On June 17, 1993, the ADEQ conducted a Compliance Evaluation Inspection (CEI) documenting 16 alleged instances of non-compliance. On August 19, 1993, the ADEQ advised the U.S. Department of Labor, Occupational Safety and Health Administration (USDOL-OSHA) of the inspection results. A complete list of violations is included on pages 2 through 4 of the RCRA Inspection Site Identification, dated June 17, 1993 (ADPCE 1994). 4. May 21, I996 and July 18, 1996, CEIs noted three violations of Arkansas Regulation 23. ADEQ subsequently issued a Notice of Violation (LIS 97-165) on December 3, 1997, requiring R&P to complete an inventory and assess the extent of environmental contamination at the facility (ADPCE 1997). Discharges from the plant to the wastewater treatment facility exceeded the metal limits that had been established for them under City of Fayetteville Industrial Pretreatment Program (OMI 2005) on several occasions during the years of 1994, 1995, and 1996. These violations resulted in investigation and subsequent fines against R&P. On August 5, 1997, representatives from the city's WWTP conducted an inspection as the facility was closing {per comm Denise Georgiou). They inventoried chemicals and wastes stored in the facility and identified the presence of various hazardous substances. 5.3.3 Legal Actions A review of the ADEQ files indicated a Consent Administrative Order (CAO -LIS 94-157) had been executed (CAO) pertaining to June 17, 1993, CEI (ADPCE 1994). In addition, the ADEQ sent a number of letters (dated March 18, 1997, April 17, 1997, June 11, 1997, September 4, 1997, September 8, 1997, and December 17, 1997) to R&P, advising them of the May 21, 1996 and July 18, 1996, inspection findings, notice of non-compliance, offer of settlement, response to information requests, and revised offer of settlement (Ecology & Environment, Inc. 2000). On or near the evening of August 22, 1998, the facility was vandalized and an undetermined amount of various hazardous substances were released. The local fire department responded and the ADEQ was notified on August 24, 1998. The release or threatened future release of hazardous substances potentially presented an imminent and substantial endangerment to public health, safety or welfare or to the environment, thus, on August 25, 1998, the ADEQ verbally issued an Emergency Order of the Director, followed by a written Order {LIS 98-124) dated August 27, 1998. The Emergency Order provided for an immediate response action to control the release of various hazardous substances at the site. R&P, however, failed to secure response services as required by the Emergency Order, so the ADEQ subsequently procured the services of an emergency response contractor, Haz-MERT, Inc., to containerize and remove all hazardous substances associated with the facility and secure the facility (ADPCE 1998). A subsequent CAO (LIS 98-159) was signed on November 10, 1998, identifying this action's potentially responsible parties, Mr. Frank C. Pummill, Mr. Arthur R. Pummill and R&P Electroplating, and addressing the issue of cost recovery. P , . s:'._' r e p t Li t r ADEQ ARKANSAS Department of Environmental Quality December 1, 2010 The City Of Fayetteville Attention: Mayor Lioneld Jordan 113 gest Mountain Fayetteville, Arkansas 72701 RECEIVED DEC 0 3 2010 on? OF FAY TEVILLE MAYORS OFFICE: IC:E: Re: better of Intent to Purchase and Enter into the Brownficlds Program the property Located at 2000 Pump Station Road, Fayetteville, Washington County, AR, R&P Electroplating Site. MIN 72-00174 Dear Mayor Jordan: The Arkansas Department of Environmental Quality (ADEQ) has received your Notice of Intent to Purchase and request to enter the property located al 2000 Pump Station Road, Fayetteville, Washington County, Arkansas in the Arkansas Brownfields Program. ADEQ's review of the information submitted demonstrates that you meet the requirements for participation in the Arkansas Brownfields Program as described in Arkansas Code Annotated (A.C.A.) § 8-7- 1104(a), A Phase I Environmental Site Assessment (ESA) will be provided by our "on call contractors". The ADEQ technical staff will provide free technical assistance and oversight throughout the Brownfields process. The Phase I ESA will be reviewed to make sure it meets the current standards, then, if recommended, a Comprehensive Site Assessment (CSA) will he required to determine the nature and extent of site contamination. ADEQ. would like to offer our support in the City's endeavor to acquire the R&P Electroplating Site from the State Land Commissioner which will allow for redevelopment and reuse of the property. We thank you for your support of the Arkansas Brownfields Program, and look forward to completing this project. Should you have any questions or comments, please feel free to call me at (501) 682-0867 or email to terrynadeq.state.ar.us Sincerely, Terry Sligh .Brownfields Program Coordinator ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY 5301 NORTHSHORE DRIVE / NORTH LITTLE ROCK / ARKANSAS 721 18-531 7 / TELEPHONE 501-682-0744 / FAX 501-682-0880 www.adeq.siate.or.us Page 1 of 2 Don Marr - RE: ADEQ - R&P From: "Rhodes, Clyde" <RHODESC@adeq.state.ar.us> To: Don Marr <dmarr@ci.fayetteville.ar.us> Date: 12/I/2010 2:03 PM Subject: RE: ADEQ - R&P CC: Jason Kelley<jkelley@ci.fayetteville.ar.us>, "Sligh, Terry" <TERRY cr adeq.state.ar.us> Good afternoon Don, Based upon the Letter of Intent received — Welcome to the Brownfields Program! We have tasked FTN in completing the Phase I. I would hope to receive that by the week of December 13th or sooner. In regards to an "ADEQ Property Lien", ADEQ does not have a property lien recorded for the site. I have tasked Terry Sligh, Brownfields Coordinator, to develop a letter in support of the Land request, We should have that to you by tomorrow. And in regards to groundwater restrictions the language below will be included in an Implementing Agreement; Restricted Uses: No groundwater shall be extracted from beneath the Site for any purpose other than those purposes associated with environmental sampling and testing and remediation of the Site by ADEQ or its Agents. General Restrictions: No alteration to any of the monitoring wells on the Site shall be made without prior written approval issued by ADEQ to the Site owner (City of Fayetteville). ght of Access: ADEQ or its agents are granted access to the Site to conduct sampling of groundwater monitoring wells, or to install additional groundwater monitoring and/or extraction wells if warranted. I believe I have answered all of your questions, please let me know if you have any other questions...thanks Don. Clyde Rhodes Chief, Hazardous Waste Division 5301 Northshore Drive North Little Rock, AR 72118-5317 (501) 682-0831 From: Don Marr [mailto:dmarr©ci.fayetteville.ar.us] Sent: Wednesday, December 01, 2010 12:51 PM To: Rhodes, Clyde file://C:\Documents and Settingsldmarr\Local Settings\Temp\XPgrpwise14CF655A3FAYE... 12/6/2010 Page 2 of 2 Cc: Jason Kelley Subject: Fwd: ADEQ - R&P Clyde - Per the request of Ryan and yourself, Attached is the letter from Mayor Jordan requesting our intentions for the Brownfield Agreement. The City Council has been advised by the City Attorney's office in their upcoming vote, to only support the resolution before the City Council for the Mayor to accept the land and provide the Land Commissioner Application requesting the land , On_€_y_after the City_ has. been acre_pted..into the 8rownfieldsAgreement program and the City_has_protectionsboth from the State and_ Federal government as it relates to this land and our responsibilities/requirements. Additionally, the City Attorney's offices has advised that we have something in writing from ADEQ in support of our application to the Land Commissioner for the land, and the requirements (deed restrictions that ADEQ will require), an ADEQ's written confirmation about the property lien for the clean up cost be removed and/or forgiven for the City of Fayetteville if the City receives the land. They would like for us to have in writing some of the commitments that have been communicated verbally at this point. My questions to you are will this letter, now authorize you to begin the Phase 1 work that Ryan said you all would do? Can you send me anything in writing expressing ADEQ's support for the City of Fayetteville to have this land given by the Land Commissioner to the City of Fayetteville and support for our Land request application, and ,lastly, how quickly do you think we can get the accepted into the Brownfield Agreement Program, so that we can request the land donation before the end of the year, since our conversations have been with Land Commissioner Wilcox, and it is our desire to complete this before his term ends. Lastly, ADEQ mentioned deed restrictions, can we get what those restrictions/requirements will be as soon as possible so we can get this into our application/file. Thank you, Don Marr Don Marr if you live in Fayetteville, sign up today to make and track a personal environmental conservation pledge in Fayetteville`s national -model program at www.ecologicalcommunities.org Chief of Staff for Mayor Jordan 113 W Mountain Street Fayetteville, AR 72701 Office: 479-575-8330 For TDD: (Telecommunications Device for the Deaf) Dial 479-521-1316 Email: dmarr(@ci.fay_etteville.ar.us Website: www.accessfayetteville.orq »> "City of Fayetteville"<mayorcanon@CI.fayetteville.ar.com> 11/30/2010 2:21 PM »> f le://C:\Documents and Settings\dnnarr\Local Settings\Temp\XPgrpwise14CF655A3FAYE... 12/6/2010