For Release: September 16, 1997

Contact: Terrence Gray 277-3872

Stephanie Powell 277-2771 ext. 4418

PROVIDENCE - The RI Department of Environmental Management is issuing an Immediate Compliance Order requiring Potter's Mobil of Warwick to take remedial action to clean up and stop contamination from its underground gasoline storage tanks. The order is based on results of a two-week investigation requested of DEM by local residents plagued by gasoline fumes in the Hoxsie neighborhood. The order is drafted, and is expected to be signed in the morning.

After air and stormwater testing revealed elevated levels of volatile organic compounds (VOCs), a component of gasoline, DEM retained Lincoln Environmental, Inc. to investigate contamination in the groundwater and soil in the area of Potter's Mobil. On September 15, under the direction of DEM, Lincoln Environmental installed seven microwells in the vicinity of the gas station. Field screening of soil samples collected during installation revealed detectable readings up to 1987 parts per million of VOCs in six of the seven wells. In addition, representatives of Lincoln reported to DEM that six inches or more of free-phase petroleum product were found in two of the wells.

The Immediate Compliance Order states that the confirmed release of petroleum products threatens or has already resulted in pollutants entering waters of the state, that the release occurred within the immediate vicinity of a drainage basin which discharges to a small wetland.

Under the order, the owners of Potter's Mobil - 1836 Realty Corp., Charles C. Potter, Robert S. Potter, and Potter Oil, Inc. - must

• Inform DEM within three business days in writing of their efforts and/or plans to comply with the order
• Immediately institute all necessary initial abatement actions according to Underground Storage Tank (UST) regulations
• Immediately assume responsibility for all on and off-site remedial activities
• Immediately initiate free-phase product removal
• Within five business days complete:
• Precision testing of all underground storage tank systems and piping and submit copies of the results to DEM
• Remove all petroleum product from any underground storage tank system that precision test results indicate may not be tight
• Submit to DEM written documentation verifying that a qualified environmental consultant has been retained to:
• Design one or more free-phase petroleum product recovery systems at the facility
• Design one or more groundwater pump and treat systems to maintain hydraulic containment of the contamination that has been discovered at the facility with a capacity to prevent further migration of any contamination
• Submit to DEM a detailed site investigation report and corrective action plan for the remediation and removal of all petroleum products or hazardous materials that exist at the facility and are contaminating or threatening to contaminate the waters of the state
• Remove failed tanks

The order also requires the owners to submit to DEM a plan within 30 days to install all monitoring wells necessary for delineating the full extent of any contamination both on and emanating from the facility, and a plan and schedule for groundwater and soil sampling.

Under Rhode Island law, the owners have no right to an administrative hearing with regard to the Immediate Compliance Order in that the Director of DEM has determined that the actions are immediately necessary in order to protect human health and prevent harm to the environment. Failure to comply may subject the respondents to civil and/or criminal penalties of up to $25,000 per violation per day.