scc Doc 812 Filed 12/04/12 Entered 12/04/12 17:00:47 Main Document Pg 1 of 56

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1 Pg 1 of 56 Andrew N. Goldman WILMER CUTLER PICKERING HALE AND DORR LLP 7 World Trade Center 250 Greenwich Street New York. New York Tel: (212) Fax: (212) Dennis L. Jenkins (admitted pro hac vice) WILMER CUTLER PICKERING HALE AND DORR LLP 60 State Street Boston, MA Tel: (617) Fax: (617) Attorneys for the Liquidating Trustee UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK In re: GETTY PETROLEUM MARKETING INC., et al. Reorganized Debtors. Chapter 11 Case No (SCC) Jointly Administered CERTIFICATION OF FULFILLMENT OF ABANDONMENT PROCEDURES WITH RESPECT TO TANKS LOCATED AT 200 CLARKE AVENUE, STATEN ISLAND, NEW YORK Alfred T. Giuliano, the liquidating trustee of the Getty Petroleum Marketing Inc. Liquidating Trust (the Liquidating Trustee of the Liquidating Trust ), successor in interest to the above-captioned (now reorganized) debtors and debtors in possession (the Debtors ), submits, pursuant to the Order Authorizing and Directing Debtors to Abandon Certain Underground and Aboveground Storage Tanks Upon Certification of Fulfillment of Abandonment Conditions [ECF No. 697] (the Abandonment Order ), this Certification 1 of 1 Capitalized terms not defined herein shall have the meaning ascribed to such terms in the Abandonment Order. ActiveUS v.1

2 Pg 2 of 56 fulfillment of the Abandonment Procedures specified in section b) of the Abandonment Order with respect to the Tanks located at 200 Clarke Avenue, Staten Island, New York (which Tanks are identified as numbers 1 and 2 on Exhibit B to the Abandonment Motion 2 ), as well as the Tyree Report, attached hereto as Exhibit A, which concludes that such Tanks (which have been removed) do not pose an imminent and identifiable risk of harm to the public. Dated: New York, New York December 4, 2012 /s/ Andrew N. Goldman Andrew N. Goldman, Esq. WILMER CUTLER PICKERING HALE AND DORR LLP 7 World Trade Center 250 Greenwich Street New York, New York Dennis L. Jenkins, Esq. (admitted pro hac vice) WILMER CUTLER PICKERING HALE AND DORR LLP 60 State Street Boston, MA Attorneys for the Liquidating Trustee 2 Pursuant to the Abandonment Order, the Tanks at this site were removed. The two aboveground lube cute storage tanks at this site have been left in place, and the Liquidating Trust will separately divest its ownership interest in those ASTs through a Transfer Agreement expected to be executed shortly. ActiveUS v.1

3 Pg 3 of 56 EXHIBIT A ActiveUS v.1

4 Pg 4 of 56 TANK CLOSURE REPORT NYSDEC PBS # NOVEMBER 2012 GETTY SERVICE STATION # CLARKE AVENUE STATEN ISLAND, NEW YORK PREPARED FOR: GETTY PETROLEUM MARKETING INC. 208 ROUTE 109, SUITE 103 FARMINGDALE, NEW YORK PREPARED BY: TYREE ENVIRONMENTAL CORP. 208 ROUTE 109, SUITE 100 FARMINGDALE, NEW YORK (631)

5 Tank Closure Report Pg 5 of 56 November 2012 Getty #00200 NYSDEC Spill # Clarke Avenue, Staten Island, NY TABLE OF CONTENTS 1.0 INTRODUCTION Site History Subject Site and Surrounding Properties Geology / Hydrogeology NOTIFICATIONS HEALTH AND SAFETY PLANNING TANK REMOVAL ACTIVITIES UST System Description Removal Activities Soil Sampling Groundwater Sampling Regulatory Compliance CONCLUSIONS RECOMMENDATIONS DISCLAIMER...9 FIGURES Figure 1 Figure 2 Figure 3 Figure 4 TABLES Table 1 Table 2 Aerial Photograph U.S.G.S. Topographic Map Site Plan Endpoint Sample Location Plan Soil VOCs Groundwater VOCs APPENDICES Appendix A PBS Notification Appendix B Photographic Documentation Appendix C Liquid Waste Disposal Manifest Appendix D NYCFD Affidavit Appendix E Laboratory Analytical Report 1 of 9

6 Tank Closure Report Pg 6 of 56 November 2012 Getty #00200 NYSDEC Spill # Clarke Avenue, Staten Island, NY 1.0 INTRODUCTION Tyree Environmental Corp. (Tyree) has prepared this Tank Closure Report on behalf of Getty Petroleum Marketing Inc. (GPMI) for Getty Service Station #00200 located at 13 Clarke Avenue, Staten Island, New York. The Tank Closure activities were conducted in order to comply with the requirements of New York Code of Rules and Regulations (NYCRR) 613.9(b). 1.1 Site History The subject property has historically been utilized as a gasoline service station. A total of four (4) 550-gallon gasoline underground storage tanks (USTs) were installed at the subject property in August Two of these USTs were installed in the northwestern corner of the site and the other two were installed southeast of the service station building. The USTs were constructed of single-wall steel and encased in concrete. Two (2) 4,000-gallon gasoline USTs were subsequently installed adjacent to the existing USTs in the northwestern corner of the subject site in September These USTs were constructed of single-wall steel and retrofitted with sacrificial anodes. In 1997 Tyree was retained by Getty to investigate an equipment failure associated with the existing gasoline UST network located in the northwest corner of the site. During the investigation on June 9, 1997 which consisted of removing the concrete tank mat and exposing the fuel lines, petroleum impacted soil was encountered. The NYSDEC was notified and spill number was issued. On June 17, 1997 Tyree conducted a subsurface investigation consisting of the advancement of six (6) soil borings designated as W-1 through W-6 at the subject site in order to delineate the hydrocarbon plume. Elevated levels of volatile organic compounds (VOCs) were detected in the soil and groundwater. On June 24, 1998 the four (4) 550-gallon steel USTs were opened and cleaned and subsequently filled with inert material and abandoned in place. Petroleum impacted soils were encountered. The impacted soil was removed and transported offsite for disposal. Endpoint soil samples revealed elevated concentrations of VOCs in the soil. Liquid Phase Hydrocarbons (LPH) were first detected in MW-2 in November 1997 and Tyree initiated a weekly Vacuum Enhanced Fluid Recovery (VEFR) program in March 1998 to remove free-phase product from this well. Varying thicknesses of LPH were subsequently observed in wells MW-1, MW-4 and MW-5 in 1998 and these wells were incorporated into the ongoing VEFR program. In December 2003 Tyree conducted a subsurface investigation that resulted in the installation of nine (9) monitoring wells designated as MW-6 through MW-14. As required by the NYSDEC in April 2004 monitoring wells MW-15 through MW-17 were installed. In October 2004, Tyree installed monitoring well MW-18 and three (3) piezometer wells designated as P-1 through P-3 2 of 9

7 Pg 7 of 56 Tank Closure Report November 2012 Getty #00200 NYSDEC Spill # Clarke Avenue, Staten Island, NY In order to evaluate the feasibility of applying soil vapor extraction (SVE) and dual-phase extraction (DPE) as remedial techniques at the subject site, Tyree performed vadose zone and saturated zone pilot testing on May 5, Monitoring well MW-2 was utilized as the extraction well in both cases. Piezometers P-1 through P-3, on-site wells MW-1, MW-3 and MW-9, and off-site wells MW-6 through MW-8 were monitored for change in vacuum and in the water table. The large area of influence and significant vacuum values indicated that a significant volume of contaminated groundwater was removed in response to the applied vacuum. The pilot study provided the data to be used to design a full-scale DPHVES. In July 2005 Tyree submitted a Dual-Phase Extraction Pilot Test Report and System Design Proposal to the NYSDEC. In December 2006, Tyree installed six (6) groundwater extraction wells designated as E-1 through E-6 on-site, that were spaced using a radius of influence (ROI) of 30 feet. Three (3) passive ventilation wells PVW-1 through PVW-3 were installed at strategic locations on-site to supply ambient air to the extraction wells through the impacted soils from the land surface downward through the treatment zone. These ventilation wells were set to a maximum depth of approximately 8 fbg and constructed of 2-inch diameter PVC with 5 feet of slot well screen and appropriate riser casing. Soil vapor extraction well V-1 was installed in the eastern corner of the site in order to remediate vadose zone impacts in the vicinity of MW-10 and MW-11. This SVE well was set to a maximum depth of approximately 8 fbg and constructed of 4-inch diameter PVC with 5 feet of slot well screen and appropriate riser casing. V-1 was connected to a slotted horizontal piping network for the intended use with a separate SVE system (SVES). The perched groundwater in this area of the site, however, causes the static water level in V-1 to rise above the height of the screen and the further development of a SVES was discontinued. In January 2007 the comprehensive Dual Phase High Vacuum Extraction System (DPHVES) was constructed. Petroleum impacted soil was encountered during the trenching along Amboy Road. A total of tons of contaminated soil was excavated and transported offsite for disposal. The horizontal piping network consists of two adjustable legs. The northern leg draws from extraction wells E-5 and E-6. The southern leg draws from extraction wells E-1 through E-4 and modified DPE/monitoring wells MW-1, MW-2, MW-3, MW-9, and MW-18. The DPHVES has operated successfully at the site since March 5, In February 2010 Tyree conducted a subsurface investigation on-site to further delineate horizontal and vertical petroleum impacts to soil and groundwater in the southern section of the site. Five (5) monitoring wells designated as MW-19 through MW-23 were installed. As per NYSDEC approval on August 3, 2010 off-site monitoring wells MW-15 through MW-17 were abandoned as per NYSDEC Region II specifications on August 23, of 9

8 Tank Closure Report Pg 8 of 56 November 2012 Getty #00200 NYSDEC Spill # Clarke Avenue, Staten Island, NY On November 15, 2011 the DPHVES was optimized to recover groundwater exclusively from E-1, E-2, MW-1A, through MW-3A and MW-9A in order to focus the system recovery on the southern plume. The site is monitored and sampled on a quarterly basis as part of the ongoing spill remediation activities associated with NYSDEC Spill number Subject Site and Surrounding Properties The subject site is located at 13 Clarke Avenue, Staten Island, New York. The site is on the northeast corner of the intersection of Clarke Avenue and Amboy Road. According to the New York City Department of Buildings (NYCDOB) the site is located on Block 4395 and Lot 34. The subject site is an irregular shaped parcel which measures approximately 15,000 square feet or 0.34 acres. The subject site is improved with a one story building which measures approximately 1,500 square feet. The interior of the building is divided into areas for offices, lavatories, storage and three (3) repair bays. The site is currently utilized for automobile repairs. There is no dispensing of petroleum conducted at the site. The adjacent properties to the north of the site consist of undeveloped land; to the east is undeveloped land followed by residential housing; to the west are Clarke Avenue and retail strip stores and to the south are Amboy Road and undeveloped land. There were no gasoline stations noted proximate to the subject site. The subject site and surrounding properties are depicted on Figure 1 Aerial Photograph. 1.3 Geology / Hydrogeology Based upon previous investigations the geological conditions encountered have consisted predominantly of light brown to medium brown, fine to medium grain sands with interbedded layers of silt and clay. A dense, brown clay layer has been observed at eight (8) feet below grade (fbg) and extends to a minimum depth of 20 fbg across the site. As per published regional investigation reports prepared by the United States Geologic Service (USGS), the regional geology is representative of the Harbor Hill terminal moraine. These deposits consist of reddish-brown clayey till mixed with unsorted sand, gravel and cobbles. These deposits are underlain by the Raritan Formation that consists of white, gray and red beds, and lenses of clay, silt and sand. The site topography is generally flat and the surface elevation is situated approximately fifty (50) feet above sea level. Groundwater is located approximately ten (10) fbg. The subject site is depicted on Figure 2 U.S.G.S. Topographic Map. 2.0 NOTIFICATIONS An underground facility protective organization (UFPO) markout was called prior to the start of work to mark out any existing underground utilities. All precautions were taken to ensure that no underground utilities were disturbed. 4 of 9

9 Tank Closure Report Pg 9 of 56 November 2012 Getty #00200 NYSDEC Spill # Clarke Avenue, Staten Island, NY Mr. Benjamin Conlon Esq., of the NYSDEC and Mr. Daniel Greene of the New York City Law Department were notified prior to conducting any of the field activities. In addition a Petroleum Bulk Storage Notification for Tank Installation, Cleaning, Repair or Reconditioning was submitted to the NYSDEC. A copy of the notification form is included with this report in Appendix A. 3.0 HEALTH AND SAFETY PLANNING Tyree prepared a site-specific Health and Safety Plan (HASP) in accordance with the requirements of the Occupational Health and Safety Administration (OSHA Standard 29 CFR ). All personnel utilized by Tyree have the necessary training and are monitored in accordance with these requirements. The HASP was prepared by Tyree following a review of the site characteristics, location, and local emergency providers. 4.0 TANK REMOVAL ACTIVITIES The tank removal activities were conducted from October 10 17, The following sections summarize the field activities. Photographs were taken to document the tank removal and are included in Appendix B. 4.1 UST System Description The two (2) 4,000-gallon gasoline USTs were installed adjacent to the existing USTs in the northwestern corner of the subject site in September The 4,000-gallon USTs were constructed of single-wall steel and retrofitted with sacrificial anodes. The USTs were approximately seventy-two (72) inches in diameter and approximately nineteen (19) feet long. The tanks were noted to be in good condition with no evidence of holes, pitting, deterioration, etc. In addition there were two (2) dispenser pump islands and a total of four (4) dispensers. The UST system is depicted on Figure 3 Site Plan. 4.2 Removal Activities A vacuum truck was utilized to remove any remaining gasoline present in the product lines or USTs. A total of 160 gallons of gasoline was removed from the USTs and associated piping. A copy of the waste disposal manifest is included in Appendix C. The four (4) dispensers were removed along with as much of the associated piping as possible. Please note that due to the presence of underground piping for the DPHVES not all of the product piping could be removed. In addition the overhead fire suppression system was removed from the dispenser pump islands. The concrete tank mat and the concrete vault that encased the USTs were broken up utilizing a breaker hammer. The concrete and pavement were transported offsite for disposal by Faztec Industries, 200 Bloomfield Avenue, Staten Island, New York. The USTs were then extracted from the subsurface and staged on the ground for cleaning. Upon completion of being cleaned the USTs were taken offsite and disposed of at a licensed scrap yard. A copy of the NYCFD Affidavit of Tank Closure is contained in Appendix D. 5 of 9

10 Tank Closure Report Pg 10 of 56 November 2012 Getty #00200 NYSDEC Spill # Clarke Avenue, Staten Island, NY 4.3 Soil Sampling Representative soil samples were collected from the sidewalls and bottom of the excavation below each UST. A portion of each sample was placed in a re-sealable plastic storage bag and agitated so as to allow any adsorbed petroleum to volatilize. The bags were agitated for approximately 30 seconds each in order to let the vapors accumulate in the headspace. Each sample was field-screened with a PID to determine qualitative VOC concentrations. The samples were inspected for visual and olfactory evidence of contamination such as staining, odors, etc. There was petroleum odor and staining noted in the samples collected from the north and south sidewalls. The PID readings detected were 500 parts per million (ppm) for the north wall, 1,500 ppm for the south wall, 0.5 ppm for the east wall, 100 ppm for the west wall, 4.5 ppm from below the south UST and 38 ppm below the north UST. The locations of the samples are depicted on Figure 4 Endpoint Sample Location Plan. The soil samples were placed in laboratory supplied glassware, packed on ice, and submitted to Environmental Quality Services (EQS) of Farmingdale, New York for analysis of volatile organic compounds (VOCs) by EPA Method 8260 as well as total lead and lead scavengers. The New York State Department of Health (NYSDOH) Environmental Laboratory Accreditation Program (ELAP) facility identification number for EQS is The analytical results for the soil samples were compared to the Unrestricted Use Soil Cleanup Objectives (USCOs) listed in CP-51 and NYCRR Subpart Remedial Program Soil Cleanup Objectives. The analytical data for the soil samples collected from the north and south sidewalls indicated that there were VOCs detected above the respective regulatory cleanup objectives. There were no elevated levels of contaminants detected in the samples from the east and west sidewalls as well as from below the former USTs. The analytical data for the soil samples is summarized in Table 1. The laboratory data package is attached in Appendix E. 4.4 Groundwater Sampling Groundwater samples were collected from monitoring wells MW-4, MW-5, MW- 12 and MW-14 based upon close proximity to the former USTs. The wells were purged of three times the volume of standing water present utilizing a disposable bailer. Groundwater was encountered at approximately eight (8) feet below grade. The groundwater samples were placed in laboratory approved glassware and submitted to EQS. The samples were submitted for analysis of VOCs utilizing EPA Method 8260 as well as for lead and lead scavengers. The analytical results for the groundwater samples were compared to the Groundwater Standards and Guidance Values listed in NYSDEC Technical and Operational Guidance Series (TOGS) of 9

11 Tank Closure Report Pg 11 of 56 November 2012 Getty #00200 NYSDEC Spill # Clarke Avenue, Staten Island, NY The analytical data indicated that there were elevated levels of VOCs above regulatory guidelines present in the samples from MW-5, MW-12 and MW-14. The analytical results are summarized in Table 2. The total VOC concentrations are plotted on Figure 4. The complete laboratory analytical report is included with this report in Appendix E. 4.4 Regulatory Compliance Based upon interview with onsite personnel it was determined that the USTs were in compliance until April There was no information indicating that the USTs were out of compliance. 5.0 CONCLUSIONS The two (2) 4,000-gallon steel USTs, four (4) dispensers and associated piping system have been removed from the site. There is currently no storage of gasoline at the site. Representative soil samples were collected from the sidewalls and bottom of the excavation below each UST. There was petroleum odor and staining noted in the samples collected from the north and south sidewalls. The soil samples were analyzed for volatile organic compounds (VOCs) by EPA Method 8260 as well as total lead and lead scavengers. The analytical data for the soil samples collected from the north and south sidewalls indicated that there were VOCs detected above the respective regulatory cleanup objectives. There were no elevated levels of contaminants detected in the samples from the east and west sidewalls as well as from below the former USTs. Groundwater samples were collected from monitoring wells MW-4, MW-5, MW- 12 and MW-14 based upon close proximity to the former USTs. The samples were submitted for analysis of VOCs utilizing EPA Method 8260 as well as for lead and lead scavengers. The analytical results for the groundwater samples indicated that there were elevated levels of VOCs above regulatory guidelines present in the samples from MW-5, MW-12 and MW-14. Based upon the findings it appears that there is residual soil and groundwater contamination present at the site. The residual contamination noted in the soil and groundwater samples can be attributed to NYSDEC spill number The contamination is being remediated via the DPHVES 7 of 9

12 Tank Closure Report Pg 12 of 56 November 2012 Getty #00200 NYSDEC Spill # Clarke Avenue, Staten Island, NY 6.0 RECOMMENDATIONS Based upon the activities conducted it was determined that the USTs and associated piping system do not pose an imminent and identifiable risk of harm to the public. There is no further work recommended at this time. If you require anything further please do not hesitate to contact me at extension 241 or This report was prepared by: Matthew G. Boeckel Environmental Scientist III Tyree Environmental Corp. 8 of 9

13 Tank Closure Report Pg 13 of 56 November 2012 Getty #00200 NYSDEC Spill # Clarke Avenue, Staten Island, NY 7.0 DISCLAIMER This report was prepared for the sole use of Getty Petroleum Marketing Inc. The conclusions provided by Tyree in this assessment are based solely on the information provided in this document. Future investigative site information which was not available to Tyree at the time of this report preparation may result in a modification of conclusions stated within. The conclusions presented are based solely on the current regulatory climate and may require revision if future regulatory changes occur. All field activities have been performed in accordance with generally accepted hydrogeologic practices and under the guideline set forth by the NYSDEC. No other warranty, expressed or implied, is made. 9 of 9

14 Pg 14 of 56 FIGURES

15 Pg 15 of 56 FIGURE 1 AERIAL PHOTOGRAPH GETTY # CLARKE AVENUE STATEN ISLAND, NEW YORK

16 Pg 16 of 56 Subject Site FIGURE 2 U.S.G.S. TOPOGRAPHIC MAP GETTY # CLARKE AVENUE STATEN ISLAND, NEW YORK

17 Pg 17 of 56

18 Pg 18 of 56

19 Pg 19 of 56 TABLES

20 Compound + Pg 20 of 56 TABLE 1 SUMMARY OF SOIL ANALYTICAL RESULTS VOLATILE ORGANIC COMPOUNDS via EPA METHOD 8260 STARS North Sidewall South Sidewall West Sidewall East Sidewall (NS-1) (SS-1) (WS-1) (ES-1) Cleanup Objective* MTBE <72.5 <74.0 <9.82 < Benzene <62.3 <63.6 <10.7 < Toluene <65.3 <66.6 < Ethylbenzene ,300 < ,000 Xylenes (Total) 10,400 69, Isopropylbenzene 395 4,270 <12.1 <2.52 2,300 n-propylbenzene ,300 <11.1 <2.32 3,900 1,3,5-Trimethylbenzene 49,100 47, ,400 tert-butylbenzene <63.8 <65.1 <11.9 <2.48 5,900 1,2,4-Trimethylbenzene 49, , ,600 sec-butylbenzene <52.2 4,030 <12.4 < ,000 4-Isopropyltoluene 7,170 9,550 <12.3 < ,000 n-butylbenzene < , < ,000 Naphthalene 2,190 22, ,000 1,2-Dibromoethane (EDB) <68.2 <69.6 <10.7 < ,2-Dichloroethane (EDC) <72.5 <74.0 <11.5 < Lead ** TABLE 1 SUMMARY OF SOIL ANALYTICAL RESULTS SEMI-VOLATILE ORGANIC COMPOUNDS via EPA METHOD 8270 STARS Compound + Tank #1 Bottom Tank #2 Bottom Cleanup (TB-1) (TB-2) Objective* Naphthalene <2.06 < ,000 Acenaphthene <2.09 < ,000 Fluorene <1.95 < ,000 Phenanthrene <2.41 < ,000 Anthracene <2.33 < ,000 Fluoranthene <2.14 < ,000 Pyrene <2.38 < ,000 Benz(a)anthracene <2.29 <2.31 1,000 Chrysene <2.40 <2.42 1,000 Benzo(b)fluoranthene <2.40 <2.42 1,000 Benzo(k)fluoranthene <2.37 < Benzo(a)pyrene <2.37 <2.39 1,000 Indeno(1,2,3-cd)pyrene <1.53 < Dibenz(a,h)anthracene <2.06 < Benzo(g,h,i)perylene <2.21 < ,000 Acenaphthylene <2.06 < ,000 1,2-Dibromoethane (EDB) <2.09 < ,2-Dichloroethane (EDC) <1.95 < Lead ** + - Concentration reported in parts per billion (ppb). * - Cleanup objectives listed in 6 NYCRR Part 375-6: Remedial Program Soil Cleanup Objectives. ** - Concentration in parts per million (ppm)

21 Pg 21 of 56 TABLE 2 SUMMARY OF GROUNDWATER ANALYTICAL RESULTS VOLATILE ORGANIC COMPOUNDS via EPA METHOD 8260 STARS Compound + MW-4 MW-5 MW-12 MW-14 Cleanup Objective* MTBE < Benzene < Toluene < Ethylbenzene < Xylenes (Total) < Isopropylbenzene < n-propylbenzene ,3,5-Trimethylbenzene < < tert-butylbenzene <0.44 <0.44 <0.44 < ,2,4-Trimethylbenzene < sec-butylbenzene < Isopropyltoluene <0.34 < n-butylbenzene < Naphthalene < ,2-Dibromoethane (EDB) <0.47 <0.029 <0.028 <0.029 NL 1,2-Dichloroethane (EDC) <0.50 <0.50 <0.50 <0.50 NL Lead Concentrations reported in parts per billion (ppb). * - Groundwater Standards and Guidance Values listed in NYSDEC Technical and Operational Guidance Series (TOGS) NL - No guidance value listed.

22 Pg 22 of 56 APPENDIX A PBS NOTIFICATION FORM

23 Pg 23 of 56

24 Pg 24 of 56 APPENDIX B PHOTOGRAPHIC DOCUMENTATION

25 Pg 25 of View of typical dispenser located at the site. 2. View of the fire suppression system.

26 Pg 26 of View of pump island upon removal of dispensers and fire suppression. 4. View of breaker hammer removing concrete tank mat.

27 Pg 27 of View of the tank excavation area. 6. View of the USTs upon removal.

28 Pg 28 of 56 APPENDIX C LIQUID WASTE DISPOSAL MANIFEST

29 Pg 29 of 56

30 Pg 30 of 56

31 Pg 31 of 56 APPENDIX D NYCFD AFFIDAVIT

32 Pg 32 of 56

33 Pg 33 of 56 APPENDIX E LABORATORY ANALYTICAL REPORT

34 Environmental Quality Pg 34 of 56 Services, Inc. 208 Route 109 Suite 101, Farmingdale NY Phone Fax Laboratory Identifier: Received: 10/17/ :18 Sampled by: John Lagoudes Job Number: /12/2012 Client: Tyree Environmental Corp. (BR-G) (V#28739) 208 Route 109 Farmingdale, NY Project: Getty # Clarke Avenue Staten Island, NY Manager: Matt Boeckel Respectfully submitted, Juan R.Cuba - Technical Director NYS Lab ID # NJ Lab ID # PH0645 CT Lab ID # PH0645 PA Lab ID # Page: 1 of 23

35 Environmental Quality Pg 35 of 56 Services, Inc. 208 Route 109 Suite 101, Farmingdale NY Phone Fax STARS Volatile Compounds by SW /12/2012 Sample: Client Sample ID: NS-1 (9') Collected: 10/16/ :20 Matrix: Soil Type: Grab % Solid: 86.1% Remarks: See Case Narrative Analyzed Date: 10/23/2012 Cas No Analyte File ID MDL Result* Units Q MTBE C ND ug/kg U Benzene C ND ug/kg U Toluene C ND ug/kg U Ethylbenzene C ug/kg m,p-xylene C ug/kg o-xylene C ug/kg Xylenes(Total) C ug/kg Isopropylbenzene C ug/kg J n-propylbenzene C ug/kg ,3,5-Trimethylbenzene C ug/kg tert-butylbenzene C ND ug/kg U ,2,4-Trimethylbenzene C ug/kg sec-butylbenzene C ND ug/kg U p-isopropyltoluene C ug/kg n-butylbenzene C ND ug/kg U Naphthalene C ug/kg * Results are reported on a dry weight basis. Surrogate Results Cas No Analyte File ID % Recovery QC Limits ,2-DICHLOROETHANE-D4 C % ( ) BROMOFLUOROBENZENE C % ( ) DIBROMOFLUOROMETHANE C % ( ) TOLUENE-D8 C % ( ) ,2-DICHLOROETHANE-D4 C % ( ) BROMOFLUOROBENZENE C % ( ) DIBROMOFLUOROMETHANE C % ( ) TOLUENE-D8 C % ( ) Q Page: 2 of 23

36 Environmental Quality Pg 36 of 56 Services, Inc. 208 Route 109 Suite 101, Farmingdale NY Phone Fax STARS Volatile Compounds by SW /12/2012 Sample: Client Sample ID: SS-1 (8') Collected: 10/16/ :10 Matrix: Soil Type: Grab % Solid: 84.4% Remarks: See Case Narrative Analyzed Date: 10/23/2012 Cas No Analyte File ID MDL Result* Units Q MTBE C ND ug/kg U Benzene C ND ug/kg U Toluene C ND ug/kg U Ethylbenzene C ug/kg m,p-xylene C ug/kg o-xylene C ug/kg Xylenes(Total) C ug/kg Isopropylbenzene C ug/kg n-propylbenzene C ug/kg ,3,5-Trimethylbenzene C ug/kg tert-butylbenzene C ND ug/kg U ,2,4-Trimethylbenzene C ug/kg sec-butylbenzene C ug/kg p-isopropyltoluene C ug/kg n-butylbenzene C ug/kg Naphthalene C ug/kg * Results are reported on a dry weight basis. Surrogate Results Cas No Analyte File ID % Recovery QC Limits ,2-DICHLOROETHANE-D4 C % ( ) BROMOFLUOROBENZENE C % ( ) DIBROMOFLUOROMETHANE C % ( ) TOLUENE-D8 C % ( ) ,2-DICHLOROETHANE-D4 C % ( ) BROMOFLUOROBENZENE C % ( ) DIBROMOFLUOROMETHANE C % ( ) TOLUENE-D8 C % ( ) Q Page: 3 of 23

37 Environmental Quality Pg 37 of 56 Services, Inc. 208 Route 109 Suite 101, Farmingdale NY Phone Fax STARS Volatile Compounds by SW /12/2012 Sample: Client Sample ID: WS-1 (9') Collected: 10/16/ :00 Matrix: Soil Type: Grab % Solid: 87.5% Remarks: See Case Narrative Analyzed Date: 10/24/2012 Cas No Analyte File ID MDL Result* Units Q MTBE E ND ug/kg U Benzene E ND ug/kg U Toluene E ND ug/kg U Ethylbenzene E ND ug/kg U m,p-xylene E ND ug/kg U o-xylene E ug/kg J Xylenes(Total) E ug/kg J Isopropylbenzene E ND ug/kg U n-propylbenzene E ND ug/kg U ,3,5-Trimethylbenzene E ug/kg J tert-butylbenzene E ND ug/kg U ,2,4-Trimethylbenzene E ug/kg sec-butylbenzene E ND ug/kg U p-isopropyltoluene E ND ug/kg U n-butylbenzene E ug/kg J Naphthalene E ug/kg * Results are reported on a dry weight basis. Surrogate Results Cas No Analyte File ID % Recovery QC Limits ,2-DICHLOROETHANE-D4 E % ( ) BROMOFLUOROBENZENE E % ( ) DIBROMOFLUOROMETHANE E % ( ) TOLUENE-D8 E % ( ) Q Page: 4 of 23

38 Environmental Quality Pg 38 of 56 Services, Inc. 208 Route 109 Suite 101, Farmingdale NY Phone Fax STARS Volatile Compounds by SW /12/2012 Sample: Client Sample ID: ES-1 (9') Collected: 10/17/ :05 Matrix: Soil Type: Grab % Solid: 84.3% Remarks: See Case Narrative Analyzed Date: 10/23/2012 Cas No Analyte File ID MDL Result* Units Q MTBE E ND ug/kg U Benzene E ND ug/kg U Toluene E ug/kg Ethylbenzene E ug/kg m,p-xylene E ug/kg o-xylene E ug/kg Xylenes(Total) E ug/kg Isopropylbenzene E ND ug/kg U n-propylbenzene E ND ug/kg U ,3,5-Trimethylbenzene E ug/kg J tert-butylbenzene E ND ug/kg U ,2,4-Trimethylbenzene E ug/kg sec-butylbenzene E ND ug/kg U p-isopropyltoluene E ND ug/kg U n-butylbenzene E ND ug/kg U Naphthalene E ug/kg * Results are reported on a dry weight basis. Surrogate Results Cas No Analyte File ID % Recovery QC Limits ,2-DICHLOROETHANE-D4 E % ( ) BROMOFLUOROBENZENE E % ( ) DIBROMOFLUOROMETHANE E % ( ) TOLUENE-D8 E % ( ) Q Page: 5 of 23

39 Environmental Quality Pg 39 of 56 Services, Inc. 208 Route 109 Suite 101, Farmingdale NY Phone Fax STARS Volatile Compounds by SW /12/2012 Sample: Client Sample ID: TB-1 (11') Collected: 10/17/ :35 Matrix: Soil Type: Grab % Solid: 90.8% Remarks: See Case Narrative Analyzed Date: 10/23/2012 Cas No Analyte File ID MDL Result* Units Q MTBE E ND ug/kg U Benzene E ND ug/kg U Toluene E ND ug/kg U Ethylbenzene E ND ug/kg U m,p-xylene E ND ug/kg U o-xylene E ND ug/kg U Xylenes(Total) E ND ug/kg U Isopropylbenzene E ND ug/kg U n-propylbenzene E ND ug/kg U ,3,5-Trimethylbenzene E ND ug/kg U tert-butylbenzene E ND ug/kg U ,2,4-Trimethylbenzene E ND ug/kg U sec-butylbenzene E ND ug/kg U p-isopropyltoluene E ND ug/kg U n-butylbenzene E ND ug/kg U Naphthalene E ND ug/kg U * Results are reported on a dry weight basis. Surrogate Results Cas No Analyte File ID % Recovery QC Limits ,2-DICHLOROETHANE-D4 E % ( ) BROMOFLUOROBENZENE E % ( ) DIBROMOFLUOROMETHANE E % ( ) TOLUENE-D8 E % ( ) Q Page: 6 of 23

40 Environmental Quality Pg 40 of 56 Services, Inc. 208 Route 109 Suite 101, Farmingdale NY Phone Fax STARS Volatile Compounds by SW /12/2012 Sample: Client Sample ID: TB-2 (11') Collected: 10/17/ :10 Matrix: Soil Type: Grab % Solid: 89.7% Remarks: See Case Narrative Analyzed Date: 10/23/2012 Cas No Analyte File ID MDL Result* Units Q MTBE E ND ug/kg U Benzene E ND ug/kg U Toluene E ND ug/kg U Ethylbenzene E ND ug/kg U m,p-xylene E ND ug/kg U o-xylene E ND ug/kg U Xylenes(Total) E ND ug/kg U Isopropylbenzene E ND ug/kg U n-propylbenzene E ND ug/kg U ,3,5-Trimethylbenzene E ND ug/kg U tert-butylbenzene E ND ug/kg U ,2,4-Trimethylbenzene E ND ug/kg U sec-butylbenzene E ND ug/kg U p-isopropyltoluene E ND ug/kg U n-butylbenzene E ND ug/kg U Naphthalene E ND ug/kg U * Results are reported on a dry weight basis. Surrogate Results Cas No Analyte File ID % Recovery QC Limits ,2-DICHLOROETHANE-D4 E % ( ) BROMOFLUOROBENZENE E % ( ) DIBROMOFLUOROMETHANE E % ( ) TOLUENE-D8 E % ( ) Q Page: 7 of 23

41 Environmental Quality Pg 41 of 56 Services, Inc. 208 Route 109 Suite 101, Farmingdale NY Phone Fax STARS Volatile Compounds by SW /12/2012 Sample: Client Sample ID: MW-4 Matrix: Liquid Remarks: See Case Narrative Analyzed Date: 10/24/2012 Type: Grab Collected: 10/17/ :00 Cas No Analyte File ID MDL Result Units Q MTBE C ND ug/l U Benzene C ND ug/l U Toluene C ND ug/l U Ethylbenzene C ND ug/l U m,p-xylene C ND ug/l U o-xylene C ND ug/l U Xylenes(Total) C ND ug/l U Isopropylbenzene C ND ug/l U n-propylbenzene C ug/l J ,3,5-Trimethylbenzene C ND ug/l U tert-butylbenzene C ND ug/l U ,2,4-Trimethylbenzene C ND ug/l U sec-butylbenzene C ND ug/l U p-isopropyltoluene C ND ug/l U n-butylbenzene C ND ug/l U Naphthalene C ND ug/l U. Surrogate Results Cas No Analyte File ID % Recovery QC Limits ,2-DICHLOROETHANE-D4 C % ( ) BROMOFLUOROBENZENE C % ( ) DIBROMOFLUOROMETHANE C % ( ) TOLUENE-D8 C % ( ) Q Page: 8 of 23

42 Environmental Quality Pg 42 of 56 Services, Inc. 208 Route 109 Suite 101, Farmingdale NY Phone Fax STARS Volatile Compounds by SW /12/2012 Sample: Client Sample ID: MW-5 Matrix: Liquid Remarks: See Case Narrative Analyzed Date: 10/25/2012 Type: Grab Collected: 10/17/ :30 Cas No Analyte File ID MDL Result Units Q MTBE C ug/l Benzene C ug/l J Toluene C ug/l J Ethylbenzene C ug/l m,p-xylene C ug/l J o-xylene C ND ug/l U Xylenes(Total) C ug/l J Isopropylbenzene C ug/l J n-propylbenzene C ug/l ,3,5-Trimethylbenzene C ug/l J tert-butylbenzene C ND ug/l U ,2,4-Trimethylbenzene C ug/l sec-butylbenzene C ug/l J p-isopropyltoluene C ND ug/l U n-butylbenzene C ug/l J Naphthalene C ug/l J. Surrogate Results Cas No Analyte File ID % Recovery QC Limits ,2-DICHLOROETHANE-D4 C % ( ) BROMOFLUOROBENZENE C % ( ) DIBROMOFLUOROMETHANE C % ( ) TOLUENE-D8 C % ( ) Q Page: 9 of 23

43 Environmental Quality Pg 43 of 56 Services, Inc. 208 Route 109 Suite 101, Farmingdale NY Phone Fax STARS Volatile Compounds by SW /12/2012 Sample: Client Sample ID: MW-12 Matrix: Liquid Remarks: See Case Narrative Analyzed Date: 10/25/2012 Type: Grab Collected: 10/17/ :00 Cas No Analyte File ID MDL Result Units Q MTBE C ug/l J Benzene C ug/l Toluene C ug/l Ethylbenzene C ug/l m,p-xylene C ug/l o-xylene C ug/l J Xylenes(Total) C ug/l Isopropylbenzene C ug/l n-propylbenzene C ug/l ,3,5-Trimethylbenzene C ug/l tert-butylbenzene C ND ug/l U ,2,4-Trimethylbenzene C ug/l sec-butylbenzene C ug/l p-isopropyltoluene C ug/l J n-butylbenzene C ug/l Naphthalene C ug/l. Surrogate Results Cas No Analyte File ID % Recovery QC Limits ,2-DICHLOROETHANE-D4 C % ( ) BROMOFLUOROBENZENE C % ( ) DIBROMOFLUOROMETHANE C % ( ) TOLUENE-D8 C % ( ) Q Page: 10 of 23

44 Environmental Quality Pg 44 of 56 Services, Inc. 208 Route 109 Suite 101, Farmingdale NY Phone Fax STARS Volatile Compounds by SW /12/2012 Sample: Client Sample ID: MW-14 Matrix: Liquid Remarks: See Case Narrative Analyzed Date: 10/24/2012 Type: Grab Collected: 10/17/ :15 Cas No Analyte File ID MDL Result Units Q MTBE C ug/l Benzene C ug/l Toluene C ug/l J Ethylbenzene C ug/l m,p-xylene C ug/l J o-xylene C ND ug/l U Xylenes(Total) C ug/l J Isopropylbenzene C ug/l J n-propylbenzene C ug/l J ,3,5-Trimethylbenzene C ND ug/l U tert-butylbenzene C ND ug/l U ,2,4-Trimethylbenzene C ug/l sec-butylbenzene C ug/l J p-isopropyltoluene C ug/l J n-butylbenzene C ug/l J Naphthalene C ug/l J. Surrogate Results Cas No Analyte File ID % Recovery QC Limits ,2-DICHLOROETHANE-D4 C % ( ) BROMOFLUOROBENZENE C % ( ) DIBROMOFLUOROMETHANE C % ( ) TOLUENE-D8 C % ( ) Q Page: 11 of 23

45 Environmental Quality Pg 45 of 56 Services, Inc. 208 Route 109 Suite 101, Farmingdale NY Phone Fax Volatile Compounds by EPA Method 8260B 11/12/2012 Sample: Client Sample ID: NS-1 (9') Collected: 10/16/ :20 Matrix: Soil Type: Grab % Solid: 86.1% Remarks: See Case Narrative Analyzed Date: 10/23/2012 Cas No Analyte File ID MDL Result* Units Q ,2-Dibromoethane C ND ug/kg U ,2-Dichloroethane C ND ug/kg U * Results are reported on a dry weight basis. Surrogate Results Cas No Analyte File ID % Recovery QC Limits ,2-DICHLOROETHANE-D4 C % ( ) BROMOFLUOROBENZENE C % ( ) DIBROMOFLUOROMETHANE C % ( ) TOLUENE-D8 C % ( ) Q Sample: Client Sample ID: SS-1 (8') Collected: 10/16/ :10 Matrix: Soil Type: Grab % Solid: 84.4% Remarks: See Case Narrative Analyzed Date: 10/23/2012 Cas No Analyte File ID MDL Result* Units Q ,2-Dibromoethane C ND ug/kg U ,2-Dichloroethane C ND ug/kg U * Results are reported on a dry weight basis. Surrogate Results Cas No Analyte File ID % Recovery QC Limits ,2-DICHLOROETHANE-D4 C % ( ) BROMOFLUOROBENZENE C % ( ) DIBROMOFLUOROMETHANE C % ( ) TOLUENE-D8 C % ( ) Q Page: 12 of 23

46 Environmental Quality Pg 46 of 56 Services, Inc. 208 Route 109 Suite 101, Farmingdale NY Phone Fax Volatile Compounds by EPA Method 8260B 11/12/2012 Sample: Client Sample ID: WS-1 (9') Collected: 10/16/ :00 Matrix: Soil Type: Grab % Solid: 87.5% Remarks: See Case Narrative Analyzed Date: 10/24/2012 Cas No Analyte File ID MDL Result* Units Q ,2-Dibromoethane E ND ug/kg U ,2-Dichloroethane E ND ug/kg U * Results are reported on a dry weight basis. Surrogate Results Cas No Analyte File ID % Recovery QC Limits ,2-DICHLOROETHANE-D4 E % ( ) BROMOFLUOROBENZENE E % ( ) DIBROMOFLUOROMETHANE E % ( ) TOLUENE-D8 E % ( ) Q Sample: Client Sample ID: ES-1 (9') Collected: 10/17/ :05 Matrix: Soil Type: Grab % Solid: 84.3% Remarks: See Case Narrative Analyzed Date: 10/23/2012 Cas No Analyte File ID MDL Result* Units Q ,2-Dibromoethane E ND ug/kg U ,2-Dichloroethane E ND ug/kg U * Results are reported on a dry weight basis. Surrogate Results Cas No Analyte File ID % Recovery QC Limits ,2-DICHLOROETHANE-D4 E % ( ) BROMOFLUOROBENZENE E % ( ) DIBROMOFLUOROMETHANE E % ( ) TOLUENE-D8 E % ( ) Q Page: 13 of 23

47 Environmental Quality Pg 47 of 56 Services, Inc. 208 Route 109 Suite 101, Farmingdale NY Phone Fax Volatile Compounds by EPA Method 8260B 11/12/2012 Sample: Client Sample ID: TB-1 (11') Collected: 10/17/ :35 Matrix: Soil Type: Grab % Solid: 90.8% Remarks: See Case Narrative Analyzed Date: 10/23/2012 Cas No Analyte File ID MDL Result* Units Q ,2-Dibromoethane E ND ug/kg U ,2-Dichloroethane E ND ug/kg U * Results are reported on a dry weight basis. Surrogate Results Cas No Analyte File ID % Recovery QC Limits ,2-DICHLOROETHANE-D4 E % ( ) BROMOFLUOROBENZENE E % ( ) DIBROMOFLUOROMETHANE E % ( ) TOLUENE-D8 E % ( ) Q Sample: Client Sample ID: TB-2 (11') Collected: 10/17/ :10 Matrix: Soil Type: Grab % Solid: 89.7% Remarks: See Case Narrative Analyzed Date: 10/23/2012 Cas No Analyte File ID MDL Result* Units Q ,2-Dibromoethane E ND ug/kg U ,2-Dichloroethane E ND ug/kg U * Results are reported on a dry weight basis. Surrogate Results Cas No Analyte File ID % Recovery QC Limits ,2-DICHLOROETHANE-D4 E % ( ) BROMOFLUOROBENZENE E % ( ) DIBROMOFLUOROMETHANE E % ( ) TOLUENE-D8 E % ( ) Q Page: 14 of 23

48 Environmental Quality Pg 48 of 56 Services, Inc. 208 Route 109 Suite 101, Farmingdale NY Phone Fax Volatile Compounds by EPA Method 8260B 11/12/2012 Sample: Client Sample ID: MW-4 Matrix: Liquid Remarks: See Case Narrative Analyzed Date: 10/24/2012 Type: Grab Collected: 10/17/ :00 Cas No Analyte File ID MDL Result Units Q ,2-Dibromoethane C ND ug/l U ,2-Dichloroethane C ND ug/l U. Surrogate Results Cas No Analyte File ID % Recovery QC Limits ,2-DICHLOROETHANE-D4 C % ( ) BROMOFLUOROBENZENE C % ( ) DIBROMOFLUOROMETHANE C % ( ) TOLUENE-D8 C % ( ) Q Page: 15 of 23

49 Environmental Quality Pg 49 of 56 Services, Inc. 208 Route 109 Suite 101, Farmingdale NY Phone Fax Volatile Compounds by EPA Method 8260B 11/12/2012 Sample: Client Sample ID: MW-4 Matrix: Liquid Remarks: See Case Narrative Analyzed Date: 10/24/2012 Type: Grab Collected: 10/17/ :00 Cas No Analyte File ID MDL Result Units Q ,2-Dichloroethane C ND ug/l U. Surrogate Results Cas No Analyte File ID % Recovery QC Limits ,2-DICHLOROETHANE-D4 C % ( ) BROMOFLUOROBENZENE C % ( ) DIBROMOFLUOROMETHANE C % ( ) TOLUENE-D8 C % ( ) Q Sample: Client Sample ID: MW-5 Matrix: Liquid Remarks: See Case Narrative Analyzed Date: 10/25/2012 Type: Grab Collected: 10/17/ :30 Cas No Analyte File ID MDL Result Units Q ,2-Dichloroethane C ND ug/l U. Surrogate Results Cas No Analyte File ID % Recovery QC Limits ,2-DICHLOROETHANE-D4 C % ( ) BROMOFLUOROBENZENE C % ( ) DIBROMOFLUOROMETHANE C % ( ) TOLUENE-D8 C % ( ) Q Page: 16 of 23

50 Environmental Quality Pg 50 of 56 Services, Inc. 208 Route 109 Suite 101, Farmingdale NY Phone Fax Volatile Compounds by EPA Method 8260B 11/12/2012 Sample: Client Sample ID: MW-12 Matrix: Liquid Remarks: See Case Narrative Analyzed Date: 10/25/2012 Type: Grab Collected: 10/17/ :00 Cas No Analyte File ID MDL Result Units Q ,2-Dichloroethane C ND ug/l U. Surrogate Results Cas No Analyte File ID % Recovery QC Limits ,2-DICHLOROETHANE-D4 C % ( ) BROMOFLUOROBENZENE C % ( ) DIBROMOFLUOROMETHANE C % ( ) TOLUENE-D8 C % ( ) Q Sample: Client Sample ID: MW-14 Matrix: Liquid Remarks: See Case Narrative Analyzed Date: 10/24/2012 Type: Grab Collected: 10/17/ :15 Cas No Analyte File ID MDL Result Units Q ,2-Dichloroethane C ND ug/l U. Surrogate Results Cas No Analyte File ID % Recovery QC Limits ,2-DICHLOROETHANE-D4 C % ( ) BROMOFLUOROBENZENE C % ( ) DIBROMOFLUOROMETHANE C % ( ) TOLUENE-D8 C % ( ) Q Page: 17 of 23