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<br />RESPONSE TO COMMENT BY JAMES PENDLETON: <br />1. BMRI's nomination of Water, Waste and Land, Inc. to perform <br />the independent third party sampling and Core Laboratories, <br />Inc., to perform the independent analysis are noted. The <br />Division is aware that BMRI has been employing Core <br />Laboratories to conduct analyses during the past several <br />months' abatement requirement related investigations. If BMRI <br />intends to employ Core Laboratories to provide analytical <br />services for its required environmental monitoring program, <br />the Division believes it would be inappropriate to use Core <br />Laboratories for the independent third party verification <br />analysis. BMRI should clarify its intentions if it desires <br />reconsideration of Core Laboratories as a third party <br />analytical contractor. <br />The Division concurs with BMRI's statements relating to the <br />completion of an appropriate contractual arrangememt with the <br />selected third party sampling and analytical contractors. The <br />Division would appreciate any assistance BMRI can provide in <br />this matter. Because of the effort which will be entailed in <br />completing the selection and developing the contCacts, the <br />Division concurs that the completion of the contract should <br />occur following approval of TR-006. The Division will attempt <br />to complete the selection of the third party sampling and <br />analytical professionals prior to approval of TR-006. <br />However, the Division intends to impose the completion of the. <br />third party contract as a stipulation upon the approval. <br />As presented in Comment #5 under Harry Posey's response. <br />above, the Division proposes that third party verification be~ <br />conducted no more than 6 times in the first quarter of the <br />year following approval of this TR, no more than 3 times in <br />the second quarter of that year, and no more than 3 times in <br />the second half of the year. At the end of the first year the <br />Division intends to reassess the required frequency of <br />independent sampling and analysis. The Division proposes to <br />provide 2 days notice before conducting a verification round. <br />The Division concurs with BMRI's concerns regarding insurance <br />verification by the third party contractors. In order to <br />control cost, the Division proposes that BMRI conduct its <br />required monitoring in unison with independent verification <br />rounds. BMRI's normal sampling professionals may conduct all <br />sample collection under the scrutiny of the third party. The <br />third party would complete an approval document anti chain of <br />custody documentation for a split sample received from BMRI's <br />professional. This procedure should eliminate BMRI's concern <br />for compromise or damage to any of BMRI's monitoring <br />facilities. <br />The Division intends to solicit professional fee schedules <br />from each of the nominated professionals for the purposes of <br />completing the contract for third party services. <br />