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2110 Ironwood Parkway • Coeur d’Alene, Idaho • 83814 • (208) 769-1422 C. L. “Butch” Otter, Governor Toni Hardesty, Director STATE OF IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY July 7, 2010 Ms. Terri Griffith EPA Region 10 1200 Sixth Avenue (ECL-112) Seattle, WA 98101 RE: Letter from State Authority – Petroleum Site Eligibility Determination for POBT Zone 1, Humbird Mill Landing Site Replat, Lot 2 less Tax 1, City of Sandpoint, Idaho, Water Treatment Plant Dear Ms. Griffith: This letter serves as the Idaho Department of Environmental Quality (IDEQ), the designated State Environmental Authority, Petroleum Site Eligibility Determination for POBT Zone 1, Humbird Mill Landing Site Replat, Lot 2 less Tax 1, (Site) located at the City of Sandpoint, Idaho Lake Pend Oreille Water Treatment Plant. The City of Sandpoint is one of the Pend d’Oreille Bay Trail (POBT) Brownfields Assessment Coalition which includes DEQ, along with the Cities of Ponderay, Kootenai, and Bonner County. The site assessment is critical because as the first publically-owned parcel in POBT Zone 1, this site is will serve as the Sandpoint gateway to secure safe public access to the POBT corridor along the northern shoreline of Lake Pend Oreille. The City of Sandpoint (also the owner), provided IDEQ with information regarding the potentially petroleum contaminated site and property ownership, and requested that IDEQ make the necessary determinations on eligibility for Brownfields funding. Based on the information provided, IDEQ has determined that: “Relatively Low Risk” The site is of relatively low risk. IDEQ concludes this is an eligible site because factors and the “high risk” sites currently being cleaned up with LUST trust fund monies and those that are currently subject to a response under the Oil Pollution Act, are not met. This site is not and has never been cleaned up with LUST trust fund monies nor has it been responded to under the Oil Pollution Act. In IDEQ’s view, these conditions establish a relatively low risk situation. “A Site for Which There is no Viable Responsible Party” There is no viable responsible party. IDEQ concludes this is an eligible site because factor no responsible party has been identified is met. IDEQ determines factor is met because no responsible party has been identified for this site through any judgements, federal or state enforcement actions, or citizen suits. The petroleum-contaminated site is not subject to any order issued under 9003(h) of the Solid Waste Disposal Act, as confirmed by IDEQ records and ---PAGE BREAK--- Page 2 institutional knowledge concerning the site. More specifically, the current and immediate past owner are not subject to a 9003(h) order with respect to this site. Factor the current and immediate past owner did not dispense or own the property during the time of operation, is met since the past owner did operate any petroleum storage tank (PST) system. Factor the party is financially capable, is not met because the past owner (Humbird Mill) went into foreclosure in 1931. “Cleaned Up by a Person Not Potentially Liable” This site will be assessed by a person not potentially liable. DEQ concludes this is an eligible site because the applicant, Idaho DEQ, has never owned or operated the PST system that was located at the site and has not otherwise caused or contributed to the petroleum contamination. “It is Not Subject to any Order Issued Under §9003(h) of the Solid Waste Disposal Act” The petroleum-contaminated site is not subject to any order issued under 9003(h) of the Solid Waste Disposal Act, as confirmed by DEQ records and institutional knowledge concerning this site. In addition, the current and immediate past owner are not subject to a 9003(h) order with respect to this site. The information reviewed above is consistent with the determinations set forth in Section 101 (39)(d)(II)(bb) of CERCLA. Sincerely, Steve W. Gill, Brownfields Specialist cc: Aaron Scheff, IDEQ Brownfields Program Manager