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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 February 16, 2011 Mr. Brooks Stanfield EPA Region 10 1200 Sixth Avenue (ECL-112) Seattle, WA 98101 RE: Letter from State Authority – Petroleum Site Eligibility Determination for former Sharp Oil, City of Moscow, Idaho Dear Mr. Stanfield: This letter serves as the Idaho Department of Environmental Quality (IDEQ), the designated State Environmental Authority, Petroleum Site Eligibility Determination for the former Sharp Oil (Site) located at 1102 and 1104 S. Main Street, Latah County, City of Moscow, ID 83843. The City of Moscow, 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. DEQ determines factor is met because no responsible party has been identified for this site through any judgments, federal or state enforcement actions, or citizen suits. Factor the current and immediate past owner did not dispense or own the property during the time of operation, is partially met because the current owner, Sharp LLC, did not operate a PST while the past owner, Sharp Oil did operate the PST system; however, factor the party is financially capable, is not met because the past owner of Sharp Oil is deceased. ---PAGE BREAK--- Page 2 “Cleaned Up by a Person Not Potentially Liable” This site will be assessed by a person not potentially liable. IDEQ concludes this is an eligible site because the applicant, the City of Moscow, 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 Thomas Moore, IDEQ Regional Engineering Manager, Lewiston Region Office