On February 7, 2017, DHEC notified DB Pace that we have decided not to enter into the Voluntary Cleanup Contract.
The South Carolina Department of Health and Environmental Control's (DHEC) Voluntary/Brownfields Cleanup Program allows for Non-Responsible Parties (NRPs) to acquire contaminated properties, make them suitable for reuse, and get liability protection from pre-existing contamination that they did not cause. The contracts are voluntary and are requested by the NRPs for their own protection. Many industrial and commercial properties have successfully and safely been redeveloped and put back to beneficial reuse through the SC Voluntary Cleanup Program.
In March 2016, DB Pace submitted an application to DHEC's Voluntary/Brownfields Cleanup Program. On April 10, 2016, DHEC published the draft voluntary cleanup contract (VCC) for public notice in the Charleston Post and Courier for 30 days. On July 27, 2016, DHEC sent an amended draft VCC to DB Pace based on public comments related to ensuring continued access to the property for DB Pace's consideration. DB Pace informed DHEC on January 9, 2017 that the amended VCC was acceptable by submitting a signed copy of the amended contract. On January 19, 2017, DHEC requested additional information from DB Pace with a deadline of February 3, 2017.
As background, this site has known environmental contamination as a result of Lockheed Martin manufacturing activities. Lockheed Martin has been responsible for cleanup at this site under a Resource Conservation and Recovery Act (RCRA) Post-Closure Permit since 1993. The site was formerly an adhesive bond plant operated by Lockheed Martin Corporation. It was constructed in 1967. All manufacturing operations ceased in May 1997. Prior to closure, the facility manufactured bonded and riveted aircraft parts and spare parts. Hazardous wastes were generated by the manufacturing process that included the generation of hydroxide sludges from metal cleaning and fabricating operations. Lockheed Martin continues to perform (and pay for) post closure care and groundwater remediation activities. Primary contaminants in the groundwater are chlorinated solvents, the remediation of which is handled through the RCRA hazardous waste permit by Lockheed Martin.
The 6.42 acre parcel in the proposed voluntary cleanup contract is a subset of the larger 15.58 acre property that was the Lockheed facility. At this time, we have no information that Titan Atlas, DB Pace or any owners other than Lockheed have contributed to any additional contamination of this property.
Under state and federal law, any person who contributes to environmental contamination at any site is potentially liable for its cleanup. Under certain circumstances property owners may also be potentially liable. Lockheed Martin, not taxpayers, has been responsible for cleaning up this site under a Resource Conservation and Recovery Act (RCRA) Post-Closure Permit since 1993 for the contamination attributable to Lockheed Martin. A person who wants to purchase a property with known or suspected prior contamination, can get liability protection for those previous releases from the state via a VCC provided they make it safe for a future use and they meet the criteria for being a Non-Responsible Party. Subsequent owners would still be responsible for any contamination they caused or allowed.