6/18/10 - ADMINISTRATIVE ORDER DIRECTING COMPLIANCE WIHT REQUEST FOR ACCESS. RESPONDENT: JERRY D. SHEDD. RESPONDENT IS THE OWNER OF THE PROPERTY AT 111 MAGNOLIA STREET, NORTH BELMONT, NC, NEAR THE SITE, AT WHICH RESONDENT GRANTED EPA AN ACCESS AUTHORIZATION IN OR AROUND AUGUST 222 FOR THE INSTALLATION OF TWO IWRVS SYSTEM VALULTS, TWO PIEZOMETERS, AND ASSOCIATED PIPING AND EQUIPMENT TO TREAT CONTAMINATED GROUNDWATER EMANATING FROM THE SITE AND UNDERLYING THE PROPERTY. RESPONDENT GRANTED EPA ACCESS TO THE PROPERTY FOR A PERIOD OF 5 YEARS BEGINNING ONCE CONSTRUCTION ACTIVITY STARTED AT THE PROPERTY IN OR AROUND JAN 2003.
THE IWRVS SYSTEM VAULTS, PIEZOMETERS, AND ASSOCIATED PIPING AND EQUIPMENT WERE INSTALLED AT THE PROPERTY PURSUANT TO THE ROD FOR THE SITE ISSUED BY EPA ON SEPT 24, 1997. EPA BEGAN OPERATING THE IWRVS SYSTEM ON OR ABOUT MAR 14, 2003, AND OPERATED THE SYSTEM UNTIL APPROX OCT 2004, WHEN THE IWRVS SYSTEM WAS PUT ON HOLD BECAUSE THE GROUNDWATER AQUIFER AT THE SITE COULD NOT PHYSICALLY ACCEPT REINJECTION OF TREATED WATER. EPA INTENDS TO RESTART THE IWRVS SYSTEM PENDING ISSUANCE OF AN EXPLANATION OF SIGNIFICANT DIFFERENCES (ESD) FOR THE SITE. THE ESD IS REQUIRED TO CHANGE THE POINT OF DISCHARGE OF TREATED GROUNDWATER FROM REINJECTION TO THE AQUIFER TO DISCHARGE TO SURFACE WATER AT THE NEARBY, UNNAMED TRIBUTARY TO FITES CREEK. EPA ANTICIPATES ISSUING THE ESD BY SEPT 2010. OPERATION OF THE IWRVS SYSTEM ON THE PROPERTY IS AN INTEGRAL PART OF THE GROUNDWATER REMEDIA