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Notice of Public Meeting
District of Columbia v. Potomac Electric Power Company
and PEPCO Energy Services, Inc.
Notice is hereby given that on March 2, 2013 a public meeting will be held for the case of District of Columbia v. Potomac Electric Power Company and Pepco Energy Services, Inc. The purpose of the meeting will be to discuss issues regarding the environmental investigation of the Pepco facility located at 3400 Benning Road N.E., Washington, D.C. 20019.
The meeting will be held from 10:00 AM to noon at the River Terrace Elementary School, located at 420 34th St. NE, Washington, DC 20019.
If you have additional questions, please contact Apurva Patil by e-mail at firstname.lastname@example.org. Electronic copies of documents related to the investigation are also available at Anacostia River Initiatives.
Copies are also available at select libraries located near the Benning Road Facility.
Between 1985 and 2003 there were six (6) documented releases of polychlorinated biphenyls (“PCBs”) (hereinafter collectively referred to as the “1985-2003 PCB releases”) into the environment at Pepco’s facility, located at 3400 Benning Road, N.E., Washington, D.C. 20019 (the “Facility”). Although Pepco conducted remedial actions in response to each of these releases in accordance with applicable legal requirements, because of the Facility’s proximate location to the Anacostia River, the PCBs released at the Facility may have migrated from the property into the sediment of the adjacent Anacostia River via the storm water system, overland flow or groundwater discharge.
Once PCB’s are released into the environment they do not readily break down and therefore may remain for long periods of time cycling between air, water, and soil. PCBs can also be taken up into the bodies of small organisms and fish. As a result, people who ingest fish may be exposed to PCBs that have bioaccumulated in the fish they are ingesting. PCBs have been demonstrated to cause a variety of adverse health effects, including cancer.
Pepco’s discharge of PCBs into the Anacostia has contributed to conditions which may pose an imminent and substantial endangerment to aquatic life in the Anacostia River, and to human health. On October 8, 2010, the District issued a Notice of Intent to Sue to Defendant, pursuant to 7002(a)(1)(B) of the Resource Conservation and Recovery Act, 42 U.S.C. § 6972(a)(1)(B). In mid-December 2010, the District of Columbia and Pepco reached an agreement in principle to perform a Remedial Investigation and Feasibility Study (“RI/FS”) at the Pepco facility located at 3400 Benning Road N.E., Washington, D.C. 20019. The Parties finalized and executed a consent decree in early January, 2011. On February 1, 2011, the District filed its complaint in this action for the purpose of obtaining this Court’s approval and entry of the Consent Decree. On February 4, 2011 the District published notice of the Proposed Consent Decree and initiated a comment period of thirty (30) days.
The District carefully considered the public comments it received and prepared a detailed written response. The District and Pepco also made substantial revisions to the Consent Decree that were negotiated with Pepco resulting in a Revised Consent Decree that was executed on July 29, 2011. The Revised Consent Decree was then lodged with the Court on August 17, 2011. The Revised Consent Decree was then entered by the United States District Court for the District of Columbia on December 1, 2011. Attached below is a copy of the Consent Decree and an anticipated schedule for the RI/FS.
Opportunity for Public Comment
As part of the final Court order, several of the deliverables will be available for public comment, including: the Statement of Work; the RI/FS Work Plan; the Health and Safety Plan; the Field Sampling Plan; the Quality Assurance Project Plan; the Conceptual Site Model; the Community Involvement Plan; the Remedial Investigation Report; and the Feasibility Study Report.
Scope of Work
The Scope of Work (“SOW”) provides a general overview of the activities to be undertaken by Pepco as part of the Remedial Investigation / Feasibility Study. The public comment period was open from January 5, 2012 until February 13, 2012. Below are links to the Draft and Final versions of the SOW.
Community Involvement Plan
This is the final CIP approved by DDOE concerning the plan to engage the community as part of the environmental investigation at the Pepco Benning Road Facility. The changes made to the Draft Community Involvement Plan were in response to public comments received during the comment period (and shortly thereafter).
Sampling and Analysis Plan
Remedial Investigation and Feasibility Study (RI/FS) Work Plan
Health and Safety Plan
Joint Status Report to the Court
As part of the Consent Decree entered by the Court, the Parties were required to submit a status report detailing their progress on the RI/FS project.