NOTIFICATION OF NEGOTIATIONS
CONCERNING A VOLUNTARY AGREEMENT
FOR THE POTTS PROPERTY SITE (DE-0169)
Pursuant to the June 2000 amendment to the Hazardous Substance Cleanup Act (HSCA), 7 Del. C. § 9107 (a)(1), the Department of Natural Resources and Environmental Control (DNREC) is required to issue a public notice announcing the onset of negotiations concerning Voluntary Cleanup Program (VCP) Agreements, as well as any voluntary settlement agreements requiring a remedy, between DNREC and potentially responsible parties.
The amendment states that DNREC must provide “public notification within 20 days after entering into negotiations for a voluntary cleanup settlement agreement with any person that agrees to perform a remedy.”
The Site Investigation and Restoration Section (SIRS), on behalf of DNREC, initiated the VCP in February 1995 in an effort to lessen the time and cost required in cleaning up contaminated sites by reducing litigation. VCP Agreements are available, upon application to DNREC, to potentially responsible parties or prospective purchasers who may be liable for the contamination of a property, but who wish to settle their liabilities with DNREC under HSCA.
DNREC is negotiating a VCP Agreement with Port Contractors, Inc regarding the Potts Property Site, Christina Avenue and I-495 in Wilmington, Delaware. The approximate 66 acre Site is identified on the maps of New Castle County as tax parcel numbers 26-063.00-014, 26-063.00-018, 26-063.00-019, 26-063.00-026 and 26-066.00-005. The Site requires remedial action due to the presence of elevated concentrations of arsenic in the sediment in the vicinity of the I-495 drainage ditch on portions of tax parcels 26-063.00-014 and 26-063.00-026. For Site-specific information, please see DNREC’s Environmental Navigator at http://www.nav.dnrec.delaware.gov/DEN3
For additional information, please contact the project officer Stephanie Gordon@ (302) 395-2600 or Stephanie.Gordon@state.de.us