2.1.1 Narrative
This Site was referred to EPA by the NYSDEC on October 4, 2016 for a removal action.
On 10/12 the OSC visited the Fulton County Clerk's office and obtained property deeds and current tax map of the property that makes up the Site. The OSC was informed that the property owner had submitted an application to subdivide 4 2-acre parcels from the largest parcel (75 acres). the Clerk's office was unsure of the status of the application and referred the OSC to the Perth Planning Board.
On 10/13 the OSC has met with the property owner and discussed access. The owner initially refused to sign an access agreement, but after further discussion agreed to reconsider. He promised a decision by next week.
On 10/13 the OSC met with the Perth Town Clerk and obtained copies of the Planning Board's 3-21-2016 meeting minutes. The Board approved the application for sub-division and the property is currently on the real estate market for sale.
On 10/18 the property owner (PRP) granted EPA written access to the Site. In addition he stated to the OSC that he had some drums stacked behind his house that he wanted removed. The OSC found 25 of these drums, some of which are actively leaking, stacked in truck beds and buried in heavy weeds. Inasmuch as these drums are on contiguous properties owned by the PRP, they will be included in the removal action.
2.1.2 Response Actions to Date
See above.
2.1.3 Enforcement Activities, Identity of Potentially Responsible Parties (PRPs)
According to the property deeds it appears that the property was originally jointly owned by Gary R. Dudka (the father) and Frances Dudka (the mother). Upon her death in 2004 France's share of the property went into a revocable trust, with Paul Dudka (the son) as trustee. In 2014 (a year after all the junked cars were removed) Paul Dudka sold his mother's share of the property to the father, Gary, for $1 and "other considerations". At this point there are two possible PRPs: Gary R. Dudka, and Paul Dudka, who is believed to have operated the auto parts business.
2.1.4 Progress Metrics
Waste Stream |
Medium |
Quantity |
Manifest # |
Treatment |
Disposal |
waste oil |
drums |
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waste oil |
tanks |
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paint solvent |
drums |
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other auto fluids |
druums |
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