Solutions

In early 1991, after conducting various site environmental audits and financial reviews, it was determined that an active Treatment Storage and Disposal Facility (TSDF) was becoming an obvious potential environmental risk to our clients. WTS therefore embarked on an ambitious project to remove all our clients' drums from the facility at an added expense to WTS (i.e., paying twice for disposal) and no added expense to our clients. We completed the task of extricating ourselves and our clients from this facility by mid-year and proceeded to utilize other audited facilities. Essentially, removing all potential CERCLA liability associated with the use of this TSDF.

Almost two years later, a Summary Abatement Order was issued to the facility and the facility's owner. The continuation of utility service to the facility was unreliable due to their poor payment history. The lack of heat and/or electricity would significantly increase the likelihood of a release of hazardous waste to the environment. . At that time, the staffing of the facility was also inadequate to maintain minimal operations. The Summary Abatement Order required that the Respondents ensure that utility service to the facility not be interrupted for lack of payment, ensure that sufficient staff is on the premises, and move off site all wastes that had been stored at the facility for over 6 months. The Summary Abatement Order further required that if these conditions were not met, the Respondents must take certain measures to initiate closure of the facility. The Respondents failed to comply with the Summary Abatement Order and the Modification of the Summary Abatement Order. Shortly after the issuance of the Summary Abatement Order, the Department of Environmental Conservation (the "Department") requested that the U.S. Environmental Protection Agency ("EPA") perform an emergency response action at the facility.

At this point the US EPA initiated CERCLA (Superfund) cleanup activities and identification of Potential Responsible Parties (PRP) under Section 104 of CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act). During the identification process the EPA incorrectly identified (we felt) some of our clients as PRPs at the site. We pointed out and demonstrated to the EPA that we had removed all of our client's material from the site a year earlier. We further demonstrated to the EPA, through an exhaustive manifest search at the NYSDEC Headquarters in Albany, that any drums left in Frontier's storage tanks after our removal of our clients drums a year earlier would have been flushed from the storage tanks. After much consternation the US EPA agreed with our analysis, therefore, removing all our clients from any further CERCLA liability.

The WTS ongoing Environmental Audit program identified a significant environmental exposure at an operating TSDF on behalf of our clients well in advance of the facility undergoing CERCLA (Superfund) cleanup activities. It is estimated that our proactive approach saved our clients significant resources and expenses associated with the potential cleanup activities.

We are convinced that our comprehensive audit program has allowed us and our clients to remain free from CERCLA Liability since our inception in 1982.