Long-Term Stewardship Assessment Report
EPA ID #: VAD003064490
Bingham and Taylor
Culpeper, VA 22701
Assessment Date: March 28. 2018
Report Date: May 30. 2018
Introduction: Long-term stewardship (LTS) refers to the activities necessary to ensure that
engineering controls (ECs) are maintained and that institutional controls (ICs) continue to be enforced.
The purpose of the EPA Region 3 LTS program is to periodically assess the efficacy of the
implemented remedies (i.e, ECs and ICs) and to update the community on the status of the RCRA
Corrective Action facilities. The assessment is conducted in twofold, which consists of a record review
and a field inspection, to ensure that the remedies are implemented and maintained in accordance to
the final decision.
Site Background: Bingham & Taylor (BAT) foundry, a division of Virginia Industries, Inc., of
Connecticut, is located at 601 Nalle Place Culpeper, VA 22701 (Property) at the convergence of the
Southern Railway, Nalle Place, Yancy Street, and Spencer Street (Figure 1). The facility layout
consists of two large buildings housing offices and operations (Figure 2), several other outbuildings
for storage, and a loading dock. The foundry produces cast iron products from recycled scrap iron.
Scrap iron loads are delivered to the facility by trucks. The loads are melted in the cupola. The molten
iron is then transferred by ladles to various product molds in which the molten material hardens to
produce the cast products (valve boxes, curb boxes, meter frames and lids, etc.). In the final step of the
process, the castings are immersed into a dip tank for finishing with an asphalt coating.
Current Site Status: On December 22, 2004, EPA issued the Final Decision and Response to
Comments (FDRTC). The current cleanup status at the Property is Corrective Action Complete with
Controls. Controls include land use restrictions, groundwater use restrictions and maintenance of the
Facility's asphalt cap. The final remedy detailed in the FDRTC is not yet implemented. However, BAT
recorded a Deed Notice in the Circuit Court of Culpeper County on March 22, 2018 (Deed Notice).
The facility remains under continued use as a foundry.
Long-term Stewardship Site Visit: On March 28, 2018, EPA conducted a long-term stewardship site
visit with BAT and representatives to discuss and assess the status of the implemented remedies at the
site.
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The attendees were:
Name
Organization
Email Address
Phone No.
John Hopkins
EPA Region 3
hopkins.john@epa.gov
(215) 814-3437
Erich Weissbart
EPA Region 3
weissbart.erich@epa.gov
(410) 305-2779
Darrell Dixon
Bingham and Taylor
ddixon@binghamandtaylor.com
(540) 825-8334
Elizabeth Walters
Bingham and Taylor
ewalters@binghamandtaylor.com
(540) 825-8334
Bill Graves
EN SAT
bgraves@ensatems.com
(540)825-9083
Institutional Controls (ICs) Status:
Deed Notice: On March 22, 2018, a Deed Notice was placed for the Property which provides future
perspective purchasers with information regarding institutional controls required by EPA location of
the asphalt cap. The notice is purely an informational device and does not implement land or
groundwater use restrictions required by EPA as stated in the FDRTC. The Deed Notice can be found
in Appendix A.
Groundwater Use Restriction: Groundwater at the facility shall not be used for any purpose other than
industrial use as non-contact cooling water and monitoring activities required by VADEQ and/or EPA.
Water for potable and manufacturing purposes at the facility is supplied by the Town of Culpeper.
Land Use Restriction: The Property shall not be used for residential purposes or in any way that will
adversely affect or interfere with the integrity and protectiveness of the asphalt caps. There were no
residential structures observed at the time of the visit. The Facility remains under its continued use.
Engineering Controls (ECs) Status:
Bituminous Asphalt Cap: During the RCRA Facility Investigation (RFI), composite surface and
subsurface soil samples were collected on-site. Three samples exceeded the residential soil screening
level for lead of 400 parts per million (ppm) and six samples exceeded industrial soil screening level
for lead of 800 ppm ranging from 402 ppm to 1410 ppm. BAT identified three areas (Figure 2) that
yielded lead samples greater than the 400 ppm residential soil screening level and, as an interim
measure, capped these areas to prevent direct contact exposure to contaminated soils and surface water
infiltration to groundwater. The 30,000-squarefoot bituminous asphalt cap consists of 2-3 inches of
rolled and graded stone, covered by 2 inches of asphalt, covered by another two-inch layer of asphalt
resulting in a four-inch cap. At the time of the assessment, the asphalt cap was in good condition, with
minor cracking in the surface. Much of the capped area is currently used as a storage area for crates
and other supplies. Cracking asphalt may expand and possibly will need to be sealed in the future.
Financial Assurance: Financial Assurance is not required for this facility.
Mapping: EPA requested geospatial information regarding the Property boundary and asphalt capped
areas during the visit. BAT provided a CAD file which can be used to map these areas. The EPA
webpage will be updated displaying each area with specific institutional or engineering controls.
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Conclusions and Recommendations: Institutional and engineering controls required at the facility
are currently not enforceable without the proper implementation mechanism in place. The asphalt cap
must be maintained for EPA's final remedy to be protective of human health and the environment.
Therefore, EPA recommends that BAT pursue an Uniform Environmental Covenants Act (UECA)
environmental covenant or a Deed Restriction.
Attachments:
Figure 1: Aerial of Bingham and Taylor
Figure 2: Restricted Soil Management Areas
Picture 1: Area 1
Picture 2: Area 2
Picture 3: Area 3
Appendix A: Deed Notice
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Figure 1: Aerial of Bingham and Taylor
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Figure 1: Restricted Soil Management Areas
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INSERT A
SCALE: 1" - 20'
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Picture 1: Area 1
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Picture 2: Area 2
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Picture 3: Area 3
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Appendix A
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VIRGINIA; IN THE COUNTY OF CULPEPER
INSTRUMENT NO. /PCOOMIS
BINGHAM & TAYLOR CORP., EPA IB. NO. VAD003064490
CULPEPER, VA
TAX MAP NOS.: 41-A2-1-D2, Lots 1,1A, IB, 3, 4, 5 and 5A
NOTICE OF INSTITUTIONAL CONTROLS AND OBLIGATIONS
REGARDING SUCCESSORS IN INTttKTSST
TMs Notice of Institutional Controls and Obligations Regarding Successors in
Interest ("Notice") is made this 19th day of March 2018 by BINGHAM & TAYLOR
CORP, ("Owner"), grantor and grantee for recordation purposes.
RECITALS:
1 - Pursuant to a facility lead agreement between the Owner and the U.S.
Environmental Protection Agency ("EPA"). Owner undertook corrective action pursuant
to § 3004 of the Resource Conservation and Recovery Act, 42 U.S.C. § 6924 and
regulations in effect thereunder, to remediate releases resulting from hazardous waste
activities at the Owner's property in Culpeper, Virginia ("Property");
2. Said corrective action included installation of an asphalt cap on a portion
of the Property consisting of Tax Map Parcels Nos.: 41-A2-1-D2, Lots 1.1A, IB, 3,4,5
and 5A, and agreement by the Owner to impose institutional controls on current and
future uses of that portion of the Property subject to corrective action ("Restricted
Property") (see Exhibit A attached hereto);
3. On December 22,2004, EPA determined that corrective action at the
Properly was complete, provided that certain institutional controls were imposed and '
maintained on current and future rises of the Restricted Property;
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4. la order to ensure that those institutional controls are maintained and
continued by the Owner and by the Owner's successors in interest, it is necessary to
record such restrictions in the property records of Culpeper County.
CONDITIONS
In order to comply with the conditions of approval imposed by EPA and to ensure
the maintenance and continuation of those institutional controls incorporated in the
approved plan of corrective action, the Mowing shall be observed by the Owner, the
Owner's successors in interest and any other person or persons acquiring an interest in
the Property:
1 • Groundwater beneath the Restricted Property shall not be used for any
purpose other than monitoring, testing and sampling as necessary to determine
groundwater quality;
2. The Restricted Property shall not be used for residential purposes; other
than for transient occupancy facilities such as hotels and motels;
3. The Restricted Property shall not be used for day care facilities, schools or
similar facilities to be used primarily by persons under the age of sixteen;
4. The Owner shall include in any instrument conveying any interest in any
portion of the Restricted Property, included but not limited to deeds, leases and deeds of
trusts, a notice in substantially the following form:
THE INTEREST CONVEYED HEREBY
• IS SUBJECT TO A NOTICE OF
INSTITUTIONAL CONTROLS AND
OBLIGATIONS REGARDING
SUCCESSORS IN INTEREST AND THE
TERMS, CONDITIONS AND
RESTRICTIONS CONTAINED THEREIN,
DATED MARCH JQ , 2018. THE
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NOTICE OF INSTITUTIONAL
CONTROLS AND OBLIGATIONS
REGARDING SUCCESSORS IN
INTEREST WAS RECORDED ON
MARCH ^5,2018. IN THE CIRCUIT
COURT OF CULPEPER COUNTY,
INSTRUMENT NO. / $6 00/*}ft.
5. Within thirty (30) days of the date any such instrument of conveyance is
executed, the Owner shall provide EPA with a certified true copy of said instrument
including the Instalment Number where the instrument is recorded, if applicable;
6. Any conveyance of the property to a successor in interest shall include and
be subject to this Notice of Institutional Controls and Obligations Regarding Successors
in Interest,
CERTIFICATION
The undersigned certifies that he is authorized to execute this Notice of
Institutional Controls and Obligations Regarding Successors in Interest on behalf of
Bingham & Taylor Corp, and to bind Bingham & Taylor Corp. to its terms and
obligations.
Given under my hand and seal this __19?L day of March 2018 by Laura Grondin
Signature
By; BINGHAM & TAYLOK COPP
Name: Laura Grondin
Title: President and CEO
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NOTARY ACKNOWT.EBCT.MV.MT
State of Connecticut
County of Hartford ss. (Rocky Hill)
On this the 19th day of March. 2018, before me, LoriAnne Landry, the
undersigned individual personally appeared, Laura Grondin, known to me to be the
person whose name is subscribed to the within instrument and acknowledged that she
executed the same for the purposes therein contained.
In witness whereof I hereunto set my hand.
Date Commission Expires:
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ENVHEONMENTAI LAND USE RESTRICTIONS
BINGHAM & TAYLOR CORPORATION
EAST FAIRFAX MAGISTERIAL DISTRICT, TOWN OF CULPEPER, VIRGINIA
HINCHEY & BATNKS. PLC
ENGINEERING AND LfflD PLANNING
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FAX (540) 82S-2JJ}
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