f) O regon Department of Environmental Quality 300 SE Reed Market Road Bend, OR 97702 (G41) 388-6146 Eastern Region Bend Office GERTIFIED MAIL #7006 2760 0003 1680 0327 RETURN RECEIPT REQUESTED September 21, 2007 Mr. Dennis Beetham, Property Owner/President D.B, Wester Inc. P.O. Box 50 North Bend, OR 97459 Re: _Pre-Enforcoment Notice PEN-HW-ERB-2007-15953 Hazardous Waste Violations Air Quality Violations Solid Waste Violations Water Quality Violations Crook County Dear Mr. Beetham: This Pre-Enforcement Notice (hereinafter "PEN") is being issued to you based on findings from inspections conducted on your property at Cinder Lakes Ranch, 1299 NW McDaniel Road, Powell Butte, Oregon. Inspections of the property were conducted on August 29, 2007 and September 4, 2007. A meeting with you and your attorney was conducted in Bend, Oregon on September 14, 2007. The site inspections were porformed by representatives of the Oregon Department of Environmental Quality (DEQ), pursuant to Section 3007(a) of the Resource Conservation and Recovery Act (RCRA) and Oregon Revised Statutes (ORS) 466.195, 459.385 and 468.805. The inspections were announced and approved by the resident of the property, Ms. Kathy Beetham, and her agents. The areas of concern identified during those inspections include but are not limited to: illegal disposal of hazardous wastes and industrial solid wastes in an unlined cinder pit, operating a hazardous waste disposal site without a permit; the open burning of prohibited materials, and the open burning of industrial waste in Crook County. The regulations that pertain to these violations are found in the Oregon Administrative Rules Chapter 340 (OAR 340) and Oregon Revised Statutes (ORS 466 and 468). The following violations pertaining to the above described activities were observed and documented during the inspections and interview:SUMMARY OF VIOLATIONS: Hazardous Waste Violation 1 - Class 1 OAR 340-102-011 and 40 GFR 262.11 require generators of solid wastes to determine if their solid wastes are hazardous waste. * Dennis Beetham and D.B. Western Inc. failed to make a hazardous waste determination prior to disposing of one drum of acid waste a D002, D007 and 1008 characteristic hazardous waste and four 55 gallon drums of paraformaldehyde a U%22 listed commercial chemical product hazardous waste, in the cinder pit located on the property. * Dennis Beetham and D.B. Western Inc. failed to make a hazardous waste determination on used oil that was dumped on his open burn pits and used as fire starter. Violation 2 - Class 1 ORS 466.100(1) states that no person shall dispose of any hazardous .waste anywhere in this state except at a hazardous waste disposal site permitted pursuant to ORS 466.110 to 466.170. * Dennis Beetham and D. B. Western inc. illegally disposed of one drum of acid waste contaminated with chrome and lead, a D002, D007, and D008 characteristic hazardous waste; and four 55 gallon drums of paraformaldehyde, a U122 listed commercial chemical product hazardous waste; in the cinder pit located on the property. Violation 3 — Class 1 ORS 466.100(2) states that no person shall establish, construct or operate a hazardous waste disposal site without a permit issued pursuant to ORS 466.005 to 466.385 and 466.992, * Dennis Beetham and D.B. Western Inc. disposed of listed and characteristic hazardous wastes in a cinder pit on the property without having obtained a hazardous waste permit.Violation 4 Class 1 OAR 340-102-011 and 40 CFR 268.7(a) states a generator of hazardous waste must determine if the waste has to be treated before it can be land disposed. This is done by determining if the hazardous waste meets the treatment standards in 40 CFR 268.40, 268.45, or 268.49. * Dennis Beetham and D.B. Wester Inc. failed to meet land disposal treatment standards or determine if they apply to his hazardous waste U122 paraformaldehyde and his acid wastes that were land disposed in the cinder pit on the property. Air Quality Violation 1 - Class 1 OAR 340-264-0060(3) prohibits anyone from causing or allowing to be initiated or maintained any open burning of plastic, petroleum products, petroleum treated material or of any other material which normally emits dense. smoke or noxious odors. * Dennis Beetham and D.B. Western open burned prohibited materials including but not limited too: plastic fence posts and rails, plastics, scrap metal, industrial waste and used oil fiters in the cinder pit located below the main house on the property. * Dennis Beetham and D.B. Western open bumed prohibited materials including but not limited too; aluminum cans, scrap metals and plastics in a small area in front of the shop on the property. * Dennis Beetham and D.8. Western Inc. open burned prohibited materials including but not limited too; plastic fence posts and rails, plastics, scrap metal, used oil, and 4 tons of industrial process waste urea formaldehyde resin chemicals in Mate Bam burn pit on the property. Violation 2— Class 4 OAR 340-264-0100(1}&(3) prohibit industrial and commercial open bumning, except as provided in OAR 340-264-0180, in Crook County without first obtaining specific approvals and permits issued by the Department and local fire officals. © Dennis Beetham and D.B. Western Inc. open burned 4 tons of industrial waste on the property in the Mare Barn bum pit.Solid Waste Violation 1 - Class 1 OAR 340-093-0050(1) requires that no person establish, operate, or maintain a disposal site, until the person owning or controlling the disposal site obtains a permit therefore from the Department. * Dennis Beetham and D.B. Western Inc. have operated no less than six solid waste disposal sites at 1299 NW McDaniel Road in Powell Butte, Oregon. Disposal sites include: the solid waste burn pit at the Mare Bar, 2 solid waste burn pits in the cinder pit below the main house and 4 areas around the shop above the cinder pit. These areas combined have received over 60 tons of solid wastes including; industrial solid waste, hazardous waste, ranch generated solid waste and household solid waste. Water Quality Violation 1 - Class 1 ORS 468.025 requires that no person cause pollution of any waters of the state or place or cause to be placed any wastes in a location where such wastes are likely to escape or be carried into the waters of the state by any means. * Dennis Beetham and D.B. Western inc. placed or caused to be placed hazardous wastes, industrial solid wastes, and residues from illegal burning of prohibited material on and under the ground in disposal units not meeting State or Federal liner technology standards where toxic contaminates would likely be carried into local groundwaters, which constitute waters of the state, The violations cited above are all Class | violations and are most serious violations of Oregon's environmental laws. Your having illegally disposed of paraformaldehyde a listed toxic hazardous waste and other toxic acidic hazardous wastes in a cinder pit below your home, your having open burned 4 tons of industrial waste chemicals in a burn pit at the Mare Bam, your having burned tons of prohibited materials in at least four separate areas on your property, and your having buried over 50 tons of urea formaldehyde resins and other industrial wastes in the cinder pit on your property, create or contribute to significant impacts to the environment and human health. In ‘committing these violations you have demonstrated an extreme disregard for human health and the environment.‘You must immediately correct the violations identified in this PEN. Within 5 days of receipt of this Notice, Dennis Beetham and D.B. Western is to implement and/or authorize the implementation of the approved Removal Action Work Plan (RAWP) submitted by SMAF Environmental. ‘Written verification of the authorization to proceed with the RAWP should be sent to: Department of Environmental Quality 1246 NE 4th Street Bend, OR 97702 Attn: Jeff Ingalls Actions including, but not limited to thé following will be required to achieve compliance with the Department's environmental regulations and this PEN: CORRECTIVE ACTIONS REQUESTED: Hazardous Waste The act of illegally disposing of your industrial hazardous wastes at areas that are not permitted to receive hazardous waste must cease immediately. You must immediately ensure that all hazardous wastes disposed on the property be safely removed and properly managed and that the cinder pit is determined to be clean closed by the Department. Failure to completely and safely remove all hazardous wastes and hazardous constituents may result in additional violations. In the future you must immediately ensure that a proper hazardous waste determination is made prior to any waste being disposed. Air Quality Violation 1 & 2: You must not initiate any open burning of industrial or commercial waste in Crook County unless you are able to obtain proper authority to do so. Proper authority must be obtained from both the Department and local fire officials. Further, you may not burn prohibited materials period, regardless of approvals.You must immediately clean up the active burn pits on your property; and uncover and clean up the historic areas where solid wastes have been placed and prohibited materials have been burned in the past. Solid Waste Violation 4: The act of illegally disposing of your solid wastes at areas that are not permitted to as solid waste disposal sites must cease immediately. You must immediately clean up both past solid waste sites and active solid waste disposal sites. This would include but is not limited to cleaning up the areas identified in the cinder pit and the area identified around the shop and the Mare Bam, Cleanup in all the cases described above includes the complete removal and the proper management of all; hazardous wastes, solid wastes, and hazardous constituents. Water Quality Violation 1: Once the industrial solid wastes, the hazardous wastes and the active and historic burn pits have all been properly cleaned up, a determination will be made by the Department whether a ground water monitoring system will be necessary. If it is determined that a ground water monitoring system is necessary the scope of that monitoring program will be determined at a later date by the Department, Your timely and responsive action in addressing the corrective action measures outlined above will be taken into consideration in any civil penalty assessment issued by the Department, As stated above, ail the violations cited in this PEN are Class | violations that could pose a risk of environmental harm and are being referred to the Department's Office of Compliance and Enforcement for a formal enforcement action. A formal enforcement action may include a civil penalty for each day of each violation. The Department is concerned that additional violations may be documented once remediation of the site begins. If additional violations are observed and documented an additional PEN will be issued to you based on those findings.‘Should you have any questions concerning the content of this letter, please contact me at (541) 388-6146 Ext. 238. Sincerely, Get bay kl | ‘Jeff Ingalls Environmental Specialist Hazardous Waste Program cc: Jane Hickman: Office of Compliance and Enforcement, HQ Portland Brett McKnight: Manager DEQ Hazardous Waste Program - Bend Joni Hammon< Eastern Region Administrator - Pendleton Rick Martson: Attorney; Dennis Beetham - PortlandOre on Department of Environmental Quality 300 SE Reed Market Road Theodore R Kulongost, Governor Bend, OR 97702 (641) 388-6146 Raster Region CERTIFIED MAIL #7006 2760 0003 1680 0365 Bend Office RETURN RECEIPT REQUESTED November 28, 2007 Mr. Dennis Beetham, Property Owner/President D.B. Westem Inc. ~~: P.O. Box 50 North Bend, OR 97459 William F. Martson, Attorney 1600 Pioneer Tower 888 SW Fifth Avenue Portland, OR 97204 Re: Supplemental Pre-Enforcement Notice PEN-HW-ERB-2007-16168 a — Hazardous Waste Violations Solid Waste Violations peeeceeoaeee Dear Mr. Beetham: This Is a supplemental Pre-Enforcement Notice (hereinafter "PEN") and includes the additional violations of Oregon’s Environmental laws observed and documented during — the remediation and excavation activities that have taken place on your property at - Cinder Lakes Ranch, 1299 NW McDaniel Road, Powell Butte, Oregon. The remediation activities on your property have with your knowledge and consent been overseen by representatives of the Oregon Department of Environmental Quality (DEQ), pursuant to Section 3007(a) of the Resource Conservation and Recovery Act (RCRA) and Oregon Revised Statutes (ORS) 466.195, 459.385 and 466.805. The remediation/excavation activities that have taken place since October 4, 2007 to present, have provided additional evidence and documentation that the violations cited in the original PEN HW-ERB-2007-15953 dated September 21, 2007 were all founded. The violations known at that time included:Hazardous Waste Violation 1 - Class 1 OAR 340-102-011 and 40 CFR 262.11 require generators of solid wastes.to .. _ determine if their solid wastes are hazardous waste. * Dennis Beetham and D.B. Western Inc. failed to make a hazardous waste determination prior to disposing of one drum of acid waste a D002, D007 and D008 characteristic hazardous waste and four 55 gallon drums of paraformaldehyde 2 U122 listed conmercial chemical product hazardous waste, in the cinder pit located on the pr ~"¢° Dennis Beetham-and D.B. Wester Inc. failed to-rmaké=a wasto determination on used oll that was dumped on his‘open burn pits and used as fire starter. Violation 2 — Class 1 ORS 466.100(1) states that no person shall dispose of any hazardous.waste anywhere in this stato except at a hazardous waste disposal site Barniied pursuant to ORS 466.110 to 466.170. oo * Dennis Beetham and D. B. Western Inc. illegally disposed of one drum of acid waste contaminated with chrome and lead, a D002, D007, and D008 characteristic hazardous waste; and~four~55~gallon-drums=of- paraformaldehyde, a U%22 listed commercial chemical ~ product hazardous waste; in the cinder pit located on the property... _—.--~ Violation 3 - Class 1 fe ORS 466.100(2) states that no person shall establish, construct ‘or-operate a ____ hazardous waste disposal site without a permit issued-pursuant to ORS 466.005.to---——— 466.385 and 466.992. ‘= Dennis Beetham and D.B. Western Inc. disposed of listed and characteristic hazardous wastes in a cinder pit on the property without having obtained a hazardous waste permit.Violation 4 — Class 1 OAR 340-102-011 and 40 CFR 268.7(a) states a generator of hazardous waste must determine if the waste has to be treated before it can be land disposed. This is done by determining if the hazardous waste meets the treatment standards in 40 CFR 268.40, 268.45, or 268.49. * Dennis Beetham and D.B. Western Inc. failed to meet land disposal treatment standards or determine if they apply to his hazardous waste U122 para-formaldehyde and his acid wastes that were land disposed in the cinder pit on the property. Air Quality - : Violation 1 - Class 1 OAR 340-264:0060(3) prohibits anyone from causing or allowing to be initiated or — — maintained any open burning of plastic, petroleum products, petroleum-treated — material or of any other material which normally emits dense smoke or noxious odors. * Dennis Beetham and D.B. Western open burned prohibited materials including but not limited to: plastic fence posts and rails,-plastics,. scrap eee metal, industrial waste and used oll filters in the cinder pit located below the main house on the property. including but not limited to; aluminum cans, scrap metals and plastics in ‘+ Dennis Beetham and D.B. Westem open bumed prohibited matorials —-— = a small area in front of the shop on the property. eee as | * Dennis Beetham and D.B. Western Inc. open burned prohibited materials including but not limited too; plastic fence posts and rails, plastics, scrap metal, used oll, and 4 tons of industrial process waste urea formaldehyde resin chemicals in Mare Barn bum pit on the properly. Violation 2 - Class 1 OAR 340-264-0100(1)8(3) prohibit industial and commercial open burning, except — ~~ ag provided in OAR-340-264-0180, in’ Crook County without first obtaining specific ~~ approvals-and-permits issued:by the Department and local fire officials: — 6 Dennis Beethamrand D.B. Western Inc. open burned 4 tons of indus ~ > waste onthe property. in the Mare Barn burn pit. 7Solid Waste Violation 1 - Class 4 OAR 340-093-0050(1) requires that no person establish, operate, or maintain a disposal site, until the person owning or controlling the disposal site obtains a permit therefore from the Department. Water Quality Dennis Beetham and D.B. Wester Inc. have operated no less than six solid waste disposal sites at 1299 NW McDaniel Road in Powell Butte, Oregon. Disposal sites include: the solid waste bum pit at the Mare Bar, two solid waste burn pits in the cinder pit below the main house and four areas around the shop above the-cinder-pit-These=areas combined have received over 60 tons of solid wastes including; industrial solid waste, hazardous waste, ranch generated solid waste and household solid waste. Violation 1 - Class 4 ORS 468.025 requires that no person cause pollution of any waters of the state or place or cause to be placed any wastes in a location where such wastes are likely to escape or be carried into the waters of the state by any means. Dennis Beetham and D.B. Western Inc. placed or caused to be placed hazardous wastes, industrial solid wastes, and residues from illegal burning of prohibited material on and under the ground in disposal units not meeting State or Federal liner technology standards where toxic contaminates would likely be carried into local groundwaters, which constitute waters of the state.In addition to the violations cited in the September 21, 2007-PEN Letter the following additional violations were observed and documented during the remediation/excavation agtivities on your property at 1299 NW McDaniels Road: Hazardous Waste: Violation 1 — Class 1 ORS 466.095(1)(a) states that no person shall store a hazardous waste anywhere in this state except at a permitted hazardous waste storage or disposal facility. + Dennis Beetham and D.B. Westem Inc. stored U122 listed hazardous waste contaminated equipment including; condenser vessels and other = equipment associated with the manufacturing of formaldehyde at Mr. Beetham’s property known as the Cinder Lake Ranch in Powell Butte, - Oregon. The U122 hazardous waste contaminated equipment... .- = originated from Mr. Beetham’s Virginia, Minnesota plant that was-shute= = down in 2005, Consequently the U122 listed hazardous waste contaminated condenser vessels and other equipment associated with the manufacturing of formaldehyde stored on the Mr. Beotham's Cinder —=.~.— Lake Ranch property had been on the property since, at least, January 4, 2006. Violation 2 - Class 1 OAR 340-100-002 and 40 CFR 262,34(a)(2)&(3), require large quantity generators of hazardous waste to clearly mark containers of hazardous waste with the-words: “hazardous waste" and label containers with an accumulation start date. * Dennis Beetham and D.B. Wester Inc. failed to properly label and date over 10,000 pounds of U122 listed hazardous- waste -contaminated equipment associated with the manufacturing of formaldehyde with the words "hazardous waste" and an accumulation start date: —— Violation 3 - Class 1 OAR 340-100-002 and 40 CFR 262.20(a); requires generators who transport, or offer for transportation, hazardous waste for offsite treatment; storage or disposal-to prepare a Uniform Hazardous Waste Manifest prior to shipment of hazardous waste offsite. Dennis Beetham and D.B. Westem Inc., failed tc an off-site shipment of over 10,000 pounds of U —waste that originated in Virginia, Minnesota.Violation 4 - Class 1 OAR 340-100-002 and 40 CFR 268.1(b); states that except as specifically provided otherwise in this part or part 261 of this chapter, the requirements of 40 CFR Part 268 apply to persons who generate or transport hazardous waste and owners and operators of hazardous waste treatment, storage; - disposal facilities. Part 268 of 40 CFR requires generators to comply with Land Disposal Restrictions, * Dennis Beetham and D.B. Western Inc. have generated, transported, stored and disposed of hazardous waste at Cinder Lakes Ranch without complying with state and federal regulations set forth in 40-CFR 268 Land Disposal Restriction (LDR) regulations. In an. effort to protect human health and the environment EPA promulgated the LDR regulations requiring hazardous wastes tobe treated to specified levels in accordance with best demonstrated available technology prior to their being land disposed. D.B. Westem failed to-consider‘these-standards prior to their land disposal of U122 listed hazardous:waste and D002 corrosive characteristic waste in the cinder pit on his property. Violation 5 - Class 1 OAR 340-100-002 and 40 CFR 263.10(a); states that the hazardous waste _ transporter regulations establish standards which apply to persons transporting hazardous waste within the United States if the transportation requires a manifest under 40 CFR Part 262. Among other things the hazardous waste transportation regulations require transporters of hazardous waste to: Notify EPA of their hazardous waste transportation activities pursuant to 40 CFR 263.11; refrain from accepting hazardous waste for transportation without @ properly prepared and signed manifest pursuant to 40 CFR 263.20; and comply with the transporter recordkeeping requirements pursuant to 40 CFR 263.22, nn nnn * Dennis Beetham and D.B. Western Inc. transported regulated quantities of, U122 listed hazardous waste contaminated equipment without complying with the hazardous waste transporter regulations set forth in 40. CFR 263. Violation 6 ~ Class 4 OAR 340-100-002-and 40 CFR 264.1; establish minimum national-standards which define the acceptable management of hazardous waste;those:standards. apply to owners and operators of all facilities which treat, storé, or-dispose of hazardous waste. These standards include: financial- assurance; closure. and ~— post-closure plans; preparedness and prevention; contingency plans and‘emergency procedures; ground water monitoring requirements, landfill design and operating requirements; and air emission standards. * Dennis Beetham and D.B. Western Inc. have stored hazardous waste and disposed of hazardous waste on Mr. Beetham’s Cinder Lake Ranch property without complying with the state and federal standards for owners and operators of hazardous waste storage and disposal facilities set forth in 40 CFR 264. Solid Waste: Violation 1 - Glass 1 OAR 340-064-0015 (1), states that no person, except as provided in 340-064~ 0016(2) shall establish, operate, maintain or expand a waste tire storage site until the person owning or controlling the waste tire storage site obtains a permit or permit modification/addendum therefore from the Department. One of the exemptions in OAR 340-064-0015 states that you are exempt from the permit requirement as a tire storage site if you have fewer than 100 tires stored on-site, * Dennis Beetham and D.B. Western Inc. had buried and/or accumulated more than 3200 pounds of truck tires (an estimated 135 tires or more) that were uncovered during the excavation activities associated with the remediation of the property. The tires that were uncovered during the excavation were recycled locally at Krider Construction in Prineville. The violations cited above are all Class | violations and are considered the most serious Violations of Oregon's environmental laws. Your having: illegally disposed of paraformaldehyde a listed toxic hazardous waste and other acidic hazardous wastes in a cinder pit below your home; stored U122 listed hazardous waste on your property for over 18 months; open burned tons of industrial waste chemicals; buried tens of tons of urea-formaldehyde resins; dumped and spilled unknown quantities of heat transfor fluids in the cinder pit and in the storage area by your shop; burned tons of prohibited materials on your property; and transported unknown volumes of regulated hazardous waste without proper notification and recordkeeping all together have created a significant impact to the environment and human health. CORRECTIVE ACTIONS REQUESTED: The corrective actions necessary to correct most of the violations cited above appear to have been taken by your remediation activities over the past two months and your participation with the Department's Cleanup Program. However, the full extent of the illegal activities is still unknown and being reviewed by the Department's CleanupProgram and Hazardous Waste Program. Your continued cooperation with the Department, and now particularly the Department's Cleanup Program, is necessary to ( assure compliance. You must also assure that future compliance with all environmental laws is a priority for -- all your facilities, You must, at a minimum, do the following to assure that none of the. Violations outlined in this PEN are repeated: You mustimmediately ensure that all hazardous wastes are disposed of properly and in compliance with state and federal hazardous waste regulations. Within 10 days, please notify the Department about how and where you would anticipate disposing of hazardous wastes in the future. + You must assure that you do not dispose of any of your industrial solid | wastes or other solid wastes in facilities that are not approved and permitted fo manage those wastes. Within 10 days, please notify the Department about how and where you would anticipate disposing of... = solid wastes in the future. + You must cease burning prohibited material anywhere in the State of Oregon. + Ifyou or your companies spilled or otherwise disposed of hazardous-———,.- —— waste or industrial solid wastes on any other property or properties, please notify the Department within 10 days of the time and place of the incident. Then under Department or EPA oversight, take immediate steps to cleanup the impacted area. EE | look forward to your response within 10 days of receiving this notice. Your response should be sent to: The Department of Environmental Quality = aaeaea Eastem Region Office = 300 SE Reed Market Road Bend, OR 97702-2237 Attn: Jeff Ingalls - Your timely and-responsive action in addressing the corrective action measures. outlined above will be taken into consideration in any civil penalty assessment issued: by the Department, As stated above, all the violations cited in this PEN are Class | violations. ‘The original violations “as well as these additional violations have been; or are being, referred to the Department's Office of Compliance and Enforcement for aformal enforcement action. A formal enforcement action may include a civil penalty for each day of each violation. If additional violations are observed and documented an additional PEN will be issued to you based on those findings. Should you have any questions concerning the content of this letter, please contact me at (541) 388-6146 Ext. 238. Sincerely, Ge fayth Jeff Ingalls Environmental Specialist Hazardous Waste Program == =akten = ce: _ Jane Hickman: —__ Office of Compliance and Enforcement, HQ Portland Manager DEQ Hazardotis Waste Program - Bend Eastern Region Administrator — Pendleton JeffBachman: Office of Compliance and Enforcement, HQ PortlandOre on Department of Environmental Quality Reed Market Road Bend, OR 97702 TheodoteR Kalan, Cover i (641) 388-6146 Bastern Region CERTIFIED MAIL #7007 1490 0003 6134 9105 Bend Office RETURN RECEIPT REQUESTED January 9, 2008 Mr. Dennis Beetham, Property Owner/President D.B. Western Inc. P.O. Box 50 North Bend, OR 97459 William F. Martson, Attorney 1600 Pioneer Tower 888 SW Fifth Avenue Portland, OR 97204 Re: Supplemental Pre-Enforcement Notice PEN-HW-ERB-2007-16222 Hazardous Waste Violations Dear Mr. Beetham: This is a second supplemental Pre-Enforcement Notice (hereinafter "PEN") and it includes additional violations of Oregon's Environmental laws involving two tanks placed on your property that are or were owned by D.B. Western previously. The two tanks of concem are upright steel tanks located near the Mare Bar. The tank and their contents were observed while conducting remediation activities on your property at Cinder Lakes Ranch, 1289 NW McDaniel Road, Powoll Butte, Oregon. Sample results indicate that these two tanks contain residual polymerized formaldehyde. There were also metals present in all the samples likely from tank degradation or tank cleaning activities the metals lead, cadmium, chromium, were present above the 20 times TCLP dilution level; however, follow up TCLP analysis showed metals in the two tanks fo be below TCLP hazardous waste levels . The remediation activities conducted on your property have with your knowledge and consent been overseen by representatives of the Oregon Department of Environmental Quality (DEQ), pursuant to Section 3007(a) of the Resource Conservation and Recovery Act (RCRA) and Oregon Revised Statutes (ORS) 466,195, 459.385 and 466.805,The violations cited in this supplemental PEN are in addition to the violations cited in PEN HW-ERB-2007-15953 dated September 21, 2007 and Supplemental PEN HW-ERB- 2007-16168 dated November 28, 2007. These additional violations include: Hazardous Waste Violation 4 - Class 1 OAR 340-102-011 and 40 CFR 262.11; require generators of solid wastes to determine if their solid wastes are hazardous waste. * Dennis Beetham and D.B. Wester Inc. failed to make a hazardous waste determination on the contents of two tanks that were on Cinder Lakes Ranch property. This material was later determined by D.B. Westem and their attorney to be polymerized formaldehyde a U122 federally listed hazardous waste. The tanks also contained metals below TCLP hazardous waste levels. Violation 2 - Class 1 OAR 340-102-011 and 40 CFR 265.190; states the requirements of Subpart J- Tank Systems applies to owners and operators of facilities that use tank systems for sioring or treating hazardous waste except as otherwise provided in paragraphs (2), (b) and (c) of section 265.190 or in 40 CFR 265.1. These regulations include: tank integrity, tank installation and design, containmentand leak detection, general operating requirements, inspections and closure and post-closure care. * Dennis Beetham and D.B. Westem Inc. have stored hazardous waste in two tanks at the Cinder Lake Ranch property for over 1 year without complying with the state and federal standards set forth in 40 CFR ‘Subpart J Hazardous Waste Tanks requirements. Spill Cleanup Program Violation 4 - Class 1 ORS 466,645; states that any person liable for a spill or release or threatened spill or release under ORS 466.640 shall immediately clean up the spill or release under the direction of the Department of Environmental Quality. Any person liable for a spill or release shall. immediately initiate cleanup, whether or not the Department has directed the cleanup. The Department may require the responsible person to undertake such investigations, monitoring, surveys, testing and other information gathering as the Department considers necessary or appropriate.+ Donnis Beetham and D.B. Western Inc. failed to clean up spills and or releases of hazardous materials stored by @ container van in the area of the shop. Hazardous materials that were released to the ground in this area appeared to include at a minimum: DOW ThermA a heat transfer fluid and urea-formaldehyde resins. The violations cited above are all Class | violations and are considered the most serious violations of Oregon's environmental laws. Your having failed to make a hazardous waste determination, your having stored hazardous waste in tanks on your property at Cinder Lake Ranch for greater than 90 days, and your having failed to immediately address and clean up spills or releases of hazardous materials all created a situation where the potential for impact to the environment and human health was elevated. CORRECTIVE ACTIONS REQUIRED: + The action necessary to correct these violations will be to: Properly label and date the tanks that contain hazardous waste. In coordination with the Department and Ms. Kathy Beetham the current resident of the property, develop a schedule for removing the tank contents and/or the tanks with their contents and properly manage as a hazardous waste at a permitted hazardous waste facility. The disposal will be conducted following a disposal pian that has been reviewed and approved by the Department. Copies of the manifest or manifests related to the disposal of the tank contents and/or the tanks should be sent to the Department at the address shown below. Further, in the future hazardous waste determinations must be conducted on all solid wastes generated at your facilities. This would include facilities in Oregon and outside of Oregon. * The corrective action necessary to address the violation of failure to clean up a spill near the container van located in the shop area has been addressed by the remediation activities D.B. Western recently conducted. The manifest requested above should be sent to: The Department of Environmental Quality Eastern Region Office 300 SE Reed Market Road Bend, OR 97702-2237 Attn: Jeff IngallsYour timely and responsive action in addressing the corrective action measures outlined above will be taken into consideration in any civil penalty assessment issued by the Depariment. As stated above, all the violations cited in this Supplemental PEN are Class | violations. The original violations as well as the violations outlined in the two Supplemental PENs have been, or are being, referred to the Department's Office of Compliance and Enforcement for a formal enforcement action. A formal enforcement action may include a civil penalty for each day of each violation, If additional violations are observed and documented an additional PEN will be issued to you based on those findings. Should you have any questions concerning the content of this letter, please contact me at (641) 388-6146 Ext. 238. Sincerely, Lf fyb Gif ingalis Environmental Specialist Hazardous Waste Program ec: Jane Hickman: Office of Compliance and Enforcement, HQ Portland Brett McKnigl Manager DEQ Hazardous Waste Program - Bend Mitch Wolgamott: Acting Eastern Region Administrator — Pendleton Jeff Bachman: Office of Compliance and Enforcement, HQ PortlandO regon Department of Environmental Quality ‘300 SE Reed Market Road Bend, OR 9702 (41) 388-6146 Theodore R Kulongosti, Govemor Eastern Region CERTIFIED MAIL #7007 1490 0003 6134 9174 Bend Office RETURN RECEIPT REQUESTED April 28, 2008 Mr. Dennis Beetham, Property Owner/President D.B, Wester Inc. P.O. Box 50 North Bend, OR 97459 William F. Martson, Attorney 4600 Pioneer Tower 888 SW Fifth Avenue Portland, OR 97204 Re: Supplemental Pre-Enforcement Notice PEN-HW-ERB-2008-16653 Hazardous Waste Violations Dear Mr. Beetham: This is a supplemental Pre-Enforcement Notice (hereinafter "PEN") and includes the additional violations of Oregon's Environmental laws observed and documented during the remediation and excavation activities that took place on April 16, 2008 on your ranch property at, 1289 NW McDanie! Road, Powell Butte, Oregon. The remediation activities on your property have with your knowledge and consent been overseen by representatives of the Oregon Department of Environmental Quality (DEQ), pursuant to Section 3007(a) of the Resource Conservation and Recovery Act (RCRA) and Oregon Revised Statutes (ORS) 466,195, 489.385 and 466.805. The remediation/excavation activities that took place on April 16, 2008 condlicted by SMAF Environmental and PBS Engineering and Environmental provided additional evidence and documentation that additional violations have occurred on your property. Those additional violations include:Hazardous Waste Violation 1 - Class 1 OAR 340-102-011 and 40 CFR 262.11 require generators of solid wastes to determine if their solid wastes are hazardous waste. Dennis Beetham and D.B, Western Inc. failed to make a hazardous waste determination on approximately 75 tons of contaminated cinder material removed from the ongoing excavation in the area known as the cement pad excavation. The contaminated cinder was transported to the Crook County Landfill for disposal prior to a complete and accurate hazardous waste determination having been conducted. The excavation uncovered a small amount of paraformaldehyde a U122 listed hazardous waste amongst the excavated material. The contaminated cinders from the excavation were mixed or potentially could have been mixed with buried paraformaldehyde as the contaminated cinders did contain formaldehyde, Violation 2 Class 1 ORS 466.100(2) states that no person shall establish, construct or operate a hazardous waste disposal site without a permit issued pursuant to ORS 466.005 to 466.385 and 466.992. Dennis Beetham and D. B. Westem Inc. have again Illegally disposed of approximately one quart of paraformaldehyde in an excavated area adjacent to the cinder pit and across from the shop known as the cement pad excavation. Paraformaldéhyde is a U122 listed hazardous waste when disposed, The violations cited above are all Class | violations and are considered the most serious violations of Oregon's environmental laws. Your having: illegally disposed of paraformaldehyde a listed toxic hazardous waste and your having failed to make a hazardous waste determination on several tons of cinder disposed at the local solid waste landfill could created a significant impact to the environment and human health CORRECTIVE ACTIONS REQUESTED: Within five days of receiving this letter: 1, Complete the hazardous waste characterization of the contaminated cinders by explaining to the Department why 75 tons of formaldehyde contaminated cinder was taken to the local Crook County landfill on April 16, 2008, after you had knowledge that this contaminated cinder debris had been buried along with listed hazardous waste U122 polymerized formaldehyde.2. Further you must explain how you will be managing the quart jar of polymerized U122 listed hazardous waste formaldehyde, and if there is any more hazardous waste or industrial solid waste spilled, buried or otherwise disposed of ‘on any property or properties you own or have owned. | ook forward to your response within 5 days of recelving this PEN Letter. Your response should be sent to: The Department of Environmental Quality Eastern Region Office 300 SE Reed Market Road Bend, OR 9702-2237 Attn: Jeff Ingalls Your timely and responsive action in addressing the corrective action measures outlined above will be taken into consideration in any civil penalty assessment issued by the Department. All the violations cited in this PEN are Class | violations. The violations have been, or are being, referred to the Department's Office of Compliance and Enforcement for a formal enforcement action. A formal enforcement action may include a civil penalty for each day of each violation. If additional violations are observed and documented an additional PEN will be issued o you based on those findings. Should you have any questions concerning the content of this letter, please contact me at (541) 388-6146 Ext. 238. Sincerely, Delf Orgabh Jeff Ingalls Environmental Specialist Hazardous Waste Program cc: Jane Hickman: Office of Compliance and Enforcement, HQ Portland Brett McKnight: Manager DEQ Hazardous Waste Program - Bend Mitch Wolgamott: Eastern Region Administrator ~ Pendleton JeffBachman: Office of Compliance and Enforcement, HQ PortlandOre on Department of Environmental Quality 300 SE Reed Market Road Bend, OR 9702 “Theodore R, Kulongosis, Governor iis (Gal) 388-6146 Eastern Region CERTIFIED MAIL #7007 1490 0003 6069 7962 Bend Office RETURN RECEIPT REQUESTED July 9, 2008 Mr. Dennis Beetham, Property Owner/President D.B. Wester Inc. P.O. Box 50 North Bend, OR 97459 William F. Martson, Attorney 14600 Pioneer Tower 888 SW Fifth Avenue Portland, OR 97204 Re: Supplemental Pre-Enforcement Notice PEN-HW-ERB-2008-16808 Hazardous Waste Violations Dear Mr. Beetham: This is @ supplemental Pre-Enforcement Notice (hereinafter "PEN") and includes the additional violations of Oregon's Environmental laws observed and documented during the remediation and excavation activities that took place on May 14, 2008 on your ranch property at, 1299 NW McDaniel Road, Powell Butte, Oregon. The remediation activities on your property have with your knowledge and consent been overseen by representatives of the Oregon Department of Environmental Quality (DEQ), pursuant to Section 3007(a) of the Resource Conservation and Recovery Act (RCRA) and Oregon Revised Statutes (ORS) 466.195, 459.385 and 466.805. The remediation/excavation activities that took place on May 14th, 2008 conducted by SMAF Environmental and PBS Engineering and Environmental provided additional evidence and documentation that additional violations have occurred on your property. ‘Those additional violations include:Hazardous Waste Violation 1 - Class 1 OAR 340-102-011 and 40 CFR 262.11 require generators of solid wastes to determine if their solid wastes are hazardous waste. * Dennis Beetham and D.B. Westem Inc. failed to make a hazardous waste determination prior to disposing of an estimated 1338 pounds or two 55 gallon drums of Para formaldehyde a U122 listed hazardous waste, generated from tank cleanout activities conducted on the property. The waste was disposed of in a natural depression on the ranch property located across from the hay bam. Violation 2 - Glass 1 ORS 466.100(1) states that no person shall dispose of any hazardous waste anywhere in this state except at a hazardous waste disposal site permitted pursuant to ORS 466.110 to 466.170. * Dennis Beetham and D. B. Western Inc. illegally disposed of an estimated 1338 pounds or two 55 galion drums of Para formaldehyde a L122 listed hazardous waste, generated from tank cleanout activities, conducted on the property. The waste was disposed of in a natural depression on the ranch property located across from the hay barn. Violation 3 — Class 1 ORS 466.100(2) states that no person shall establish, construct or operate a hazardous waste disposal site without a permit issued pursuant to ORS 466.005 to 466.385 and 466.992. * Dennis Beetham and D.B. Western Inc. disposed of U122 listed hazardous waste in a natural depression on the ranch property located across from the hay bam. D.B. Westem disposed of this hazardous waste without first obtaining a hazardous waste permit. Violation 4 - Class 1 OAR 340-100-002 and 40 CFR 268.1(b); states that except as specifically provided otherwise in this part or part 261 of this chapter, the requirements of 40 CFR Part 268 apply to persons who generate or transport hazardous waste and owners and operators of hazardous waste treatment, storage, and disposal facilities, Part 268 of 40 CFR requires generators to comply with Land Disposal Restrictions.Dennis Beetham and D.B. Western Inc. have generated, transported, stored and disposed of an estimated 1338 pounds or two 56 gallon drums of Para formaldehyde a U122 listed hazardous waste, generated from tank cleanout activities conducted on the property, in a depression on the property across from the hay barn without complying with state and federal regulations set forth in 40 CFR 268 Land Disposal Restriction (LDR) regulations. In an effort to protect human health and the environment EPA promulgated the LDR regulations requiring hazardous wastes to be treated to specified levels in accordance with best demonstrated available technology prior to their being land disposed. D.B, Western and Dennis Beetham failed to consider these standards prior to their land disposal of this U122 listed hazardous waste from tank cleanout activities on the property. Violation 5 - Class 1 OAR 340-100-002 and 40 CFR 262.20(a); requires generators who transport, or offer for transportation, hazardous waste for offsite treatment, storage or disposal to prepare a Uniform Hazardous Waste Manifest prior to shipment of hazardous waste offsite. Dennis Beetham and D.B. Wester Inc., failed to prepare a manifest for an off-site shipment of two tanks containing an estimated 1,338 pounds of U122 listed hazardous waste. The origin of these tanks could not be determined as Mr. Beetham did not recall the tanks; however, it is certain that the tanks came from off-site and were not process tanks on the ranch. The violations cited above are all Class | violations and are considered the most serious violations of Oregon's environmental laws. Your having: illegally disposed of hundreds of pounds of Para formaldehyde a U122 listed hazardous waste and your having impacted, by that disposal, thousands of pounds of contaminated soils, cinder and other debris created a significant impact to the environment and possibly human health. The MSDS you provided the Department states under section 12 Ecological Information: “Formaldehyde forms a strongly acidic aqueous solution, and this property may cause adverse environmental effects.”CORRECTIVE ACTIONS REQUESTED: Within 10 days of receiving this letter: 1. Complete the hazardous waste characterization of the 6 container vans of material currently stored at the Beetham property ranch and properly manage that material. 2. As the cleanup of the ranch continues to progress and as long as this, material is managed properly the other violations will have no corrective action. It is too late to correct the manifest and LDR violations; however, by continuing forward in the Cleanup Program the permit violations and illegal disposal violations may be corrected. However, you must make sure that when the hazardous waste currently stored on the Beetham Ranch is transported off-site you must comply with manifesting and LDR requirements at that time. 3, | will continue to ask that you inform the Department about any other areas that have been impacted by your mismanagement of your industrial wastes. This includes areas where tanks have been cleaned out and releases have ‘occurred and/or areas where you may have buried other industrial wastes associated with your formaldehyde manufacturing businesses. The information should include any property or properties you own or have owned. 4, Further you should be aware that the 90 day storage for this material is fast approaching. ook forward to your response within 10 days of receiving this PEN Letter. Your tesponse should be sent to: | The Department of Environmental Quality Eastem Region Office 300 SE Reed Market Road Bend, OR 97702-2237 Attn: Jeff Ingalls Your timely and responsive action in addressing the corrective action measures outlined above wil be taken into consideration in any civil penalty assessment issued by the Department. All the violations cited in this PEN are Class | violations. The violations have been, or are being, referred to the Department's Office of Compliance and Enforcement for a formal enforcement action. A formal enforcement action may include a civil penalty for each day of each violation.If additional violations are observed and documented an additional PEN will be issued to you based on those findings. Should you have any questions conceming the content of this letter, please contact me at (541) 388-6146 Ext. 238. Sincerely, Le ale Environmental Specialist Hazardous Waste Program ce: Jane Hickman: Office of Comptiance and Enforcement, HQ Portland Brett McKnight: Manager DEQ Hazardous Waste Program - Bend Mitch Wolgamott: Eastern Region Administrator — Pendleton Jeff Bachman: Office of Compliance and Enforcement, HQ Portland