Superfund Property Reuse Evaluation Checklist for Reporting the 

Sitewide Ready for Anticipated Use GPRA Measure 

Note: Upon issuance of the Guidance for Documenting and Reporting Performance in 

Achieving Land Revitalization (March 1, 2007), the Sitewide Ready-for-Reuse measure 

was renamed "Sitewide Ready for Anticipated Use" (Sitewide RAU). 

&EPA 

United States 

ENVIRONMENTAL PROTECTION AGENCY 

Washington, DC 20460 

SUPERFUND PROPERTY REUSE EVALUATION CHECKLIST FOR REPORTING 

THE SITEWIDE READY FOR ANTICIPATED USE GPRA MEASURE 

Office of Superfund Remediation & Technology Innovation and Federal Facilities Restoration & Reuse Office 

PART A - GENERAL SITE INFORMATION 

1. Site Name 

B&B CHEMICAL CO., INC. 

2. EPA ID 

FLD004574190 

3. Site ID 4. RPM 

0400566 SHELBY JOHNSTON 

5. Street Address 

875 W 20TH ST 

6. City 

HIALEAH 

7. State 

FLORIDA 

8. Zip Code 

33010 

9. Site Wide Ready for Anticipated Use Determination Requirements (all must be met for the entire construction 

complete site) 

I All cleanup goals in the Record(s) of Decision or other remedy decision document(s) have been 

achieved for any media that may affect current and reasonably anticipated fiiture land uses, so that 

there are no unacceptable risks. 

I All institutional or other controls required in the Record(s) of Decision or other remedy decision 

document(s) have been put in place. 

PART B - SIGNATURE (Branch Chief or above should sign) 

NOTE: The outcome of this Property Reuse Evaluation does not have any legally binding effect and does not expressly or implicitly create, expand, 

or limit any legal rights, obligations, responsibilities, expectations, or benefits of any party. EPA assumes no responsibility for reuse activities and/or 

any potential harm that might result from reuse activities. EPA retains any and all rights and authorities it has, including but not limited to legal, 

equitable, or administrative rights. EPA specifically retains any and ail rights and authorities it has to conduct, direct, oversee, and/or require 

environmental response actions in connection with the site, including but not limited to instances when new or additional information has been 

discovered regarding the contamination or conditions at the site that indicates that the response and/or the conditions at the site are no longer 

protective of human health or the environment. 

10. Name 

Carol J. MIppel ' l 

11. Title/Organization 

Chief, Superfund Remedial Branch 

12. Signature •tx..j II m^// / 13. Date ^1, ff/iZ 

EPA Fonri 9100-4 (9-2004), 
August . 13 , 2013 

ROUTING AND TRANSMITTAL SLIP 1 

TO: 

1 . Willia m Denman, SRB 

2 . Shelb y Johnston , SRB 

3 . Dere k Matory , SRB 

4 . Rhely n Finch , OEA 

5 . Davi d Harbin , OEA 

6 . Yvonne Jones , SRSEB 

7 . Willia m Denman, SRB 

8 . Caro l Monell , SRB 

Initial s 

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c4jp 

0 a 

/i/ ^ 

Dat e 

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ACTION REQUESTED: Signature of the Sitewide Ready for Anticipated Use (SWRAU) 

Checklist for the B&B Chemical Superflind site located in Hialeah, Dade County, Florida. 

• All cleanup goals at the Site have been achieved. The 2012 Five Year Review identified 

the need for the ICs contained in the remedy decision documents to be placed on the 

property deed in order to ensure the long term protectiveness of the remedy. 

• In June 2009 EPA issued an ESD which required ICs be implemented at the Site. The 

selected ICs were designed to: i 

• maintain the integrity of the existing impermeable surfaces to prevent human 

exposure to the underlying contaminated soil and to reduce the potential for 

contaminants to migrate into the groundwater; 

• require preconstruction sampling to ensure that existing soil contaminants beneath 

new construction do not pose an exposure risk to future occupants through vapor 

intrusion; and 

• limit fiiture use of the property to commercial or industrial. 

• A restrictive covenant has been placed on the property deed which met these 

requirements. 

• The B&B Chemical Superftmd site meets the SWRAU criteria. 

FROM: Willia m Denman, RPM/SWRAU Coordinato r 1 

Superfun d Remedia l Branch , ext . 2893 9 i 

EPA Region IV Routing and Transmittal Slip Form 
CFN: 20130593888 BOOK 28746 PAGE 2851 

DATE;07/29/2013 02:50:31 PM 

HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY 

This instrument prepared by: 

Bryan Brock 

B&B Tritech, Inc, 

875 West 20''' Street 

Hialeah FL 33010 

DECLARATION OF RESTRICTIVE COVENANTS 

THIS DECLARATION OF RESTRICTIVE COVENANTS ("Declaration") is given this 

10 day of Jun e , 2013 , by William B. Brock, Jr. and Isabel K. Brock 

("Grantors"), having a mailing address of 240 Hunting Lod^e Dr. /Miami Springs FL 33166 

to the State of Florida Department of Environmental Protection ("FDEP" or "Grantee"). 

RECITALS 

A. WBDEREAS, Grantors are fee simple owners of three parcels of land situated in the 

county of Miami-Dade County, State of Florida, more particularly described in Exhibit 

"A" attached hereto and made a part hereof (hereinafter the "Property"); 

B. WHEREAS, The Property subject to this restrictive covenant is a portion of the property 

known as the B&B Chemical Superfijnd Site ("Site"), which the U.S. Environmental 

Protection Agency ("EPA"), pursuant to Section 105 of the Comprehensive 

Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 

9605, proposed for the National Priorities List, set forth at 40 C.F.R. Part 300, Appendix 

B, by publication in the Federal Register on June 24, 1988. The EPA Site Identification 

Number for the Property is FLD004574190. 

C. WHEREAS, in a Record of Decision ("ROD") dated September 12, 1994, and an 

Explanation of Significant Differences ("ESD"), dated June 12, 2009, the EPA Region 4 

Regional Administrator selected the "remedial action" for the Site. The release of 

benzene, chlorobenzene, vinyl chloride, and other hazardous substances, pollutants or 

contaminants on the Property is documented in the following EPA records: 

1. EPA Superfund Record of Decision, EPAyROD/R04-94/l 85 1994 (dated 

September 12, 1994). 

2. Explanation of Significant Differences, dated June 12, 2009, modifying 

EPA/ROD/R04-94/185 1994. 

3. Unilateral Administrative Order for Remedial Action, EPA Docket No. 95-30-C, 

dated September 22, 1995. 

D. WHEREAS, a remedial action selected pursuant to the ROD was performed on the Site. 

E. WHEREAS, contaminants in excess of allowable concentrations for unrestricted use wll 

remain at the Property after completion of the remedial action. 

1 of 12 
CFN: 20130593888 BOOK 28746 PAGE 2852 

F. WHEREAS, it is the intent of the restrictions in this Declaration to reduce or eliminate 

the risk of exposure of the contaminants to the environment and to users or occupants of 

the Property and to reduce or eliminate the threat of migration of the contaminants. 

G, WHEREAS, it is the intention of all parties that EPA is a third party beneficiai7 of said 

restrictions and said restrictions shall be enforceable by the EPA, FDEP, and their 

successor agencies. 

H. WHEREAS, the parties hereto have agreed 1) to impose on tlie Property use restrictions 

as covenatits that will run with the land for the purpose of protecting human health and 

the environment; and 2) to grant an irrevocable right of access over the Property to the 

Grantee and EPA, and Grantee and EPA's agents or representatives, for purposes of 

implementing, facilitating and monitoring the remedial action; and 

I WHEREAS, Grantors deem it desirable and in the best interest of all present and future 

owners of the Property that the Property be held subject to certain restrictions and 

changes, that will run with the land, for the purpose of protecting human health and the 

environment, all of which are more particularly hereinafter set forth. 

NOW THEREFORE, Grantors, on behalf of themselves, their successors, heirs, and 

assigns, in consideration of the recitals above, the terms of the ROD and ESD, and other good 

and valuable consideration, the adequacy and receipt of which is hereby acknowledged, do 

hereby covenant and declare that the Property shall be subject to the restrictions on use set forth 

below, which shall touch and concem and run with the title of the Property, and does give, grant 

and convey to the Grantee, and its assigns, 1) an irrevocable use restriction and site access 

covenant of the nature and character, and for the purposes hereinafter set forth, and 2) the 

perpetual right to enforce said covenants and use restrictions, with respect to the Property. 

Grantors further asree as follows: •'s * 

a. The foregoing recitals are true and correct and are incorporated herein by 

reference. 

b. Grantors hereby impose on tlie Property the following restrictions: 

Restrictions on use: The following covenants, conditions, and restrictions apply to the 

use of the Property: 

a. The Property shall only be used for industrial purposes. There shall be no 

agricultural use of the land including forestry, fishing and mining; no hotels or 

lodging; no recreational uses including amusement parks, parks camps, museums, 

zoos, or gardens; no residential uses, and no educational uses such as elementary 

and secondary schools, or day care services. The restrictions may only be 

modified pursuant to Paragraph 3 of this Declaration. If the Property is to be used 

other than for industrial purposes, FDEP may require additional response actions. 

2 of 12 
CFN: 20130593888 BOOK 28746 PAGE 2853 

b. There shall be no stomiwater swales, stormwater detention or retention facilities, 

or ditches constructed on the Property unless previously approved by FDEP. 

c. For any dewatering activities, a plan must be submitted and approved by FDEP to 

address and ensure the appropriate handling, treatment, and disposal of any 

extracted groundwater that may be contaminated. 

d. On-site engineering controls, including buildings, concrete slabs, and pavement 

on the Property, as identified in Exhibit B, shall be maintained. Tliis restriction 

may only be modified pursuant to Paragraph 3 of this Declaration. Should future 

development require the disturbance of on-site engineering controls, additional 

response actions may be necessary. For any construction activities, a plan must be 

submitted and approved by FDEP and EPA to address and ensure the appropriate 

management of any contaminated soils that may be encountered. In addition, prior 

to undertaking new construction or substantial modification of existing structures 

on the Property, the Property owner shall conduct preconstruction sampling to 

ensure that existing soil contaminant concentrations beneath the proposed new or 

modified structure do not pose an exposure risk to future occupants through vapor 

intrusion. Additional design and construction teclmiques that prevent a completed 

vapor intrusion exposure pathway into the interior of a proposed new or modified 

structure shall be used if warranted by the pre-construction sampling results. 

Irrevocable Covenant for Site Access: Grantors hereby grant to the Grantee and EPA, 

and Grantee and EPA's agents and representatives, an irtevocable, permanent and 

continuing right of access at all reasonable times to the Property for purposes of: 

a) Implementing the response actions in the ROD and ESD; 

b) Verifying any data or information submitted to EPA and Grantee, 

c) Verifying that no action is being taken on the Property in violation of the terms of this 

instrument or of any federal or state environmental laws or regulations; 

d) Monitoring response actions on the Property and conducting investigations relating to 

contamination on or near tlie Property, including, without limitation, sampling of air, 

water, sediments, soils, and specifically, without limitation, obtaining split or 

duplicate samples, 

e) Conducting periodic reviews of the remedial action, including but not limited to, 

reviews required by applicable statutes and/or regulations; and 

Modification: This Declaration shall not be modified, amended, or terminated without 

the written consent of FDEP or its successor agency. FDEP shall not consent to any such 

modification, amendment or termination without the written consent of EPA. 

3 of 12 
CFN: 20130593888 BOOK 28746 PAGE 2854 

(a) Reserved rights of Grantors: Grantors hereby reserve unto themselves, their 

successors, heirs, and assigns, all rights and privileges in and to the use of the Property 

which are not incompatible with the restrictions, rights and covenants granted herein. 

(b) Reserved Rights of EPA: Nothing in this document shall limit or otherwise affect 

EPA's rights of entry and access or EPA's or authority to take response actions under 

CERCLA, 42 U.S.C. §9601, et seq., the National Contingency Plan (NCP), 40 C.F.R. 

Part 300, et seq., or other federal law. 

(c) Reserved Rights of Grantee: Nothing in tins document shall limit or otherwise affect 

Grantee's rights of entry and access or authority to act under state or federal law. 

Notice requirement: Grantors agree to include in any instrument conveying any interest 

in any portion of the Property, including but not limited to deeds, leases and mortgages, a 

notice which is in substantially the following form: 

NOTICE: THE INTEREST CONVEYED HEREBY IS 

SUBJECT TO A DECLARATION OF RESTRICTIVE AND 

AFFDRMATIVE COVENANTS, DATED , 20_ , 

RECORDED IN THE PUBLIC LAND RECORDS ON 

, 20 , IN BOOK , PAGE , TN 

FAVOR OF, AND ENFORCEABLE BY, THE STATE OF 

FLORIDA DEPARTIVTENT OF ENVIRONMENTAL 

PROTECTION. 

Within thirty (30) days of the date any such instrument of conveyance is executed, 

Grantors must provide Grantee and EPA with a certified true copy of said instrument and, 

if it has been recorded in the public land records, its recording reference. 

Administrative Jurisdiction: FDEP or any successor state agency having 

administrative jurisdiction over the interests acquired by the State of Florida by this 

instrument is the Grantee. EPA is a third party beneficiary to the interests acquired by 

Grantee. 

Enforcement; The Grantee shall be entitied to enforce the terms of this instrument by 

resort to specific performance or legal process. The restrictions may also be enforced in a 

court of competent jiirisdiction by any other person, firm, corporation or governmental 

agency that is substantially benefited by this Declaration. All remedies available 

hereunder shall be in addition to any and all other remedies at law or in equity, including 

CERCLA. It is expressly agreed that EPA is not the recipient of a real property interest 

but is a third party beneficiary of the Declaration of Restrictive Covenants, and as such, 

has the right of enforcement. Enforcement of the terms of tins instrument shall be at the 

discretion of the entities listed above, and any forbearance, delay or omission to exercise 

its rights under this instrument in the event of a breach of any term of this instrument 

4 of 12 
CFN: 20130593888 BOOK 28746 PAGE 2855 

shall not be deemed to be a waiver by the Grantee of such term or of any subsequent 

breach of die same or any other term, or of any of the rights of the Grantee under this 

instrument. 

8. Damages: Grantee shall be entitied to recover damages for violations of the terms of this 

instrument, or for any injury to the remedial action, to the public or to tiie environment 

protected by this instmment. 

9. Waiver of certain defenses: Grantors hereby waive any defense of laches, estoppel, or 

prescription. 

10. Covenants: Grantors hereby covenant to and with the Grantee, that the Grantors are 

lawfully seized in fee simple of the Property, that the Grantors have a good and lawful 

right and power to sell and convey it or any interest therein, that the Property is free and 

clear of encimibrances, except those noted on Exhibit C attached hereto. 

11. Notices: Any notice, demand, request, consent, approval, or communication that either 

party desires or is required to give to the other shall be in uonting and shall either be 

served personally or sent by first class mail, postage prepaid, referencing the Site name 

and Site ID number and addressed as follows: 

To Grantors: To Grantee: 

William and Isabel Brock 

Name(s) 

240 Hunting Lodge Drive 

Street 

Miami Springs FL 33166 

CitA'/State/Zip Code 

To EPA: 

Bureau Chief, Waste Cleanup 

Florida Dept. of Environmental Protection 

FDEP M.S. 4505 

2600 Blair Stone Road 

Tallahassee, FL 32399 

U.S. EPA, Region 4 

Superfund Division 

Chief, Superfund Remedial and Site Evaluation Branch 

61 Forsytii Street, SW 

Atianta, GA 30303 

with copy to: 

U.S. EPA, Region 4 

Office of Environmental Accountability 

Branch Chief, CERCLA Legal Support 

61 Forsyth Street, SW 

Atianta, GA 30303 

5 of 12 
CFN: 20130593888 BOOK 28746 PAGE 2856 

12. Recording in Land Records: Grantors shall record this Declaration of Restrictive and 

Affirmative Covenants in timely fasliion in the Official Records of Miami-Dade County, 

Florida, with no encumbrances, other than tiiose noted in Exhibit C attached hereto, and 

shall re-record it at any time Grantee may require to preserve its rights. Grantors shall 

pay all recording costs and taxes necessary to record this document in the public records. 

13 General provisions: 

a. Controlling law: The interpretation and performance of this instrument shall be 

governed by the laws of the United States or, if there are no applicable federal laws, by the law 

of the state where the Property is located. 

b. Liberal construction: Any general rule of construction to the contrary 

notwithstanding, this instrument shall be liberally construed in favor of the grant to effect the 

purpose of this instmment and the policy and purpose of CERCLA. If any provision of this 

instrument is found to be ambiguous, an interpretation consistent with the purpose of tliis 

instrument that would render the provision valid shall be favored over any interpretation that 

would render it invalid. 

c. Severability: If any provision of this instrument, or the application of it to any 

person or circumstance, is found to be invalid, the remainder of the provisions of this instrument, 

or the application of such provisions to persons or circumstances other than those to which it is 

found to be invalid, as the case may be, shall not be affected thereby. 

d. Entire Agreement: This instrument sets forth the entire agreement of the parties 

with respect to rights and restrictions created hereby, and supersedes all prior discussions, 

negotiations, understandings, or agreements relating thereto, all of which are merged herein. 

e. No Forfeiture: Nothing contained herein will result in a forfeiture or reversion of 

Grantors' titie in any respect. 

f Joint Obligation: If there are two or more parties identified as Grantor herein, the 

obligations imposed by this instrument upon them shall be joint and several, 

g. Successors: The term "Grantors" wherever used herein, and any pronouns used in 

place thereof, shall include the persons and/or entities named at the beginning of this document, 

identified as "Grantors" and their personal representatives, heirs, successors, and assigns. The 

term "Grantee" wherever used herein, and any pronouns used in place thereof, shall include the 

persons and/or entities named at the beginning of this document, identified as "Grantee" and their 

personal representatives, heirs, successors, and assigns including any successor state agency to 

FDEP having admim'strative jurisdiction over the interests acquired by the State of Florida under 

this instrument. The rights of the Grantee and Grantors under this instrument are freely 

assignable, subject to the notice provisions hereof 

6 of 12 
CFN: 20130593888 BOOK 28746 PAGE 2857 

h. Captions: The captions in this instrument have been inserted solely for 

convenience of reference and are not a part of this instrument and shall have no effect upon 

construction or interpretation. 

i. Counterparts: The parties may execute this instmment in two or more 

counterparts, which shall, in the aggregate, be signed by both parties; each counterpart shall be 

deemed an original instrument as against any party who has signed it. In the event of any 

disparity between the counterparts produced, the recorded counterpart shall be controlling. 

TO HAVE AND TO HOLD unto the State of Florida Department of Environmental Protection 

and its successors and assigns forever. 

IN WITNESS WHEREOF, Grantors have caused this Agreement to be signed in their names. 

Executed this i^ day of IUKJ'Z^ , 20/J'. 

GRANTORS: / ^ Q , ,^ 

William B. Brock Isabel K. Brock 

Signed, sealed and delivered in the presence of: 

Witness: Pnnt Name Date 

^4^f:,,.///,-i-J:)"'r'-'j^^u.cj'^' -i'S.i^Ln L -/ 7i :ib;^^3' ^"/'^yI- ^ 

Witness; Print Name Date 

STATE OF FLORIDA, COUNTY OF /1iAM> - mr><^ 

On this /-^ day of S^m , 20ri_, before me, the undersigned, a Notary Public in and for 

the State of Florida, duly commissioned and sworn, personally appeared /v.v/.i.w li. y?.'uoc^ 

and i~>^/.,x/ ^. /^r-oc^ the individuals that executed above the foregoing instmment, and 

acknowledged the said instrument to be a free and voluntary act, for the uses and purposes 

therein mentioned, and on oath stated that each is authorized to execute said instrument as 

Grantors. 

Witness my hand and ofTicial seal hereto affixed the day and year written above. 

\Intar\/Ptihli Notar r i n '!{r\(\ fo r th p ' y Public in and for the 

State of Florida 
CFN: 20130593888 BOOK 28746 PAGE 2858 

Approved as to form by tlie Florida Department of Environmental Protection, 

Office of General Counsel. 

1 

By: //AM^h(^J^i^^ ^ -y^/^^^ 

PrintName/Titlfe: H^r y T- '<s\&\Nc\r\ •S^)-7ic.'r.435.s-V'^n^ ^e';o,= riv/L <:'^.-..<>o ) 

IN WITNESS WHEREOF, the Florida Department of Environmental Protection has executed 

this instrument, this J ^ day of-M-i , 20_i£. 

j^lorida Depa?t3eiit^of Envi;*nment4iI)Protection 

large Caspary, Director / 

Division of Waste Management 

2600 Blair Stone Road 

Tallahassee, FL 32399 

, sealed and delivered in the presence of: 

: ' Print Name Date! ' 

Witness: Print Name Date 

STATE OF FLORIDA, COUNTY OF J-££v-(__ _ 

On this '^^^ day of J^'-'/ , 20i3, before me, the undersigned, a Notary Public in and for 

the State of Florida, duly commissioned and sworn, personally appeared ^o\il.^'r•: is. CA,^fAg-y 

known to be the Secretary of the Florida Department of Environmental Protection, the State 

Agency that executed the foregoing instmment, and acknowledged the said instmment to be the 

free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, 

and on oath stated that they are authorized to execute said instmment. 

Witness my hand and ojQficial seal hereto affixed the day and year written above. 

C-^^f^K ^ - ^ 

->^".'.>^ JUDITH PENNINGTON Notary Public m and fieflr the 

' ^.-r 'ff MY c«MMlSS»N«EE vsm State of Florida 

::.•,**§' * EXMI«S;Uft»mb3rll,ai4 

''^'1^" My Comrmssion Expires: •i^^'-\c>\^ i-^, <!.o'r 

8 of 12 
CFN: 20130593888 BOOK 28746 PAGE 2859 

ATTACHMENTS: 

Exhibit A - Legal Description of the Property 

Exhibit B - Restricted Parcels Map 

Exhibit C - Encumbrances 

9 of 12 
CFN: 20130593888 BOOK 28746 PAGE 2860 

EXHIBIT "A" 

Legal Description of the Property 

Parcel No.: 04-3013-001-0170 

Address: 2051 W 9'" Avenue, Hialeah, Florida 

Warranty Deed: June I, 1970, Otfieial Records Book6874 Page 39 

Legal Description; 

The North K> ot'ilie West '4 of the East 660 feet ofTract 17; ofFI.-ORU:>A FRUIT LANDS COMPANY'SSlJBDi VtSiON NO. 1, ill Section I .I, Towjiship S3 South, Range 40 East, according Kvihe Plat thereof, as 

tccordcd.in Plat book 2. atl^<^ge 17. of ihc Public Rycords ofMiumi-Dade County. Florida, Aiidilie poriioti 

of a 60 foo! rij>li{-of-wrty kiiowii ;is West;?"* Avenue running /iom Wcit 20''' Street to West 21*' Str«ti 

being ihc Wtst 30 feet pftht L'3j;t/12 ofliact 17 atid the l-asi 30 feet orilw W$si yi of Tract IT, by Grdiriuii« 

No, S2-4'l tilci! June 16. 19(52* recofdcci iii Olticia) Raord,^ Book i Lt71: Page 1218.1.es.'j that portion wliicli 

lies North of a line which Is 60 futri SouUi of and pamllel (o Oic center lii'ie of Okecchobcc^Miiuui Hxtension 

ofllio Klpri(lu:F;a'jt Coast Kitilwny conveyed to Fljnida liUStCioiwi Jiiiilway Ctmipjitiy by fJocd recorded in 

Deed Dook 467 Page ^9 of the Public Records of Miami-Dado Cc!iuit>', Florida, 

Parcel No.: 04-3013-001-0171 

Address; 801 West 20"\Street, Hialeah, Florida 

Corrective Special Warranty Deed: July 19, 1966, Official Records Book 5 141 Page 101 

Legal Description: 

Ihc tv;isi '.'•. of Triiui 17. orKI.,l)K,lDA FRUIT LANDS C;OMPANY'SSl.!BUlVIStON-NO, I, in 

.Section 13. Township ^} Suuih, Ranjic 40 l;asl; accyj-<lin<i to tht) PIm ihcrcot; ns recorded in. 

Plat Rook2, at Piige 17. of ttie Public Records orMianii-DndeCoimiy. Ftorida. Less the 

South 30 tcct ar)d less the portion of P.ARCtiL 7H -IOO.74 toi5veyud:«o the Meiropotitaii 

Dade County, recorded in OfFiciai Reconds Book ! 1487 Page ?t')2 oftlie Piiblie Records 

of Mianrii-DndeCounty, Floiida. 

Parcel No.: 04-3013-001-0172 

Address: 875 West 20"' Street, Hialeah, Florida 

Warranty Deed: September 17, 1959, Ofllcial Records Book 1642 Page 133 

Legal Description: 

Hic Kast •/, OfTract !7, of F'LORIQA FRUIT LANDS COMPANY'S SUBDIVISION NO, 1, in 

Seciioji 13. Tovviiship 53 SwU.t, Range 40 Eiist, according to the I'ial llicreof, as recorded in 

Plat Qtiok 2, at Page 17, of the Public Recoals of Mi.inii-L^liKJe County, Ftorida. And thy poiiioiv 

Q\'a60 foot riiihi-ot-wiiy known as We.st 9'''Avenue niMiiing from Wej;i20* Street to Wbt2F^ Street, 

being th« West 30 feel nf ilje LHSI /12 of TMCI i 7 and the l-aist 30 feel of tittf West 'A of tract 17, hy Ordiiwnce 

No, «2-4<l filed June 16. m2 , recorded in Ofticial Records Book i 1473 Pago 1218. 

LI-SS; 

The finst'/. of said Tract 17 thereof, ancHess the North '6 oftiie West 'Aof the Fast 660 feet of said 

Tract 17. and less the West 30 feet of the V.m.Vi of Tract 17. 

10 of 12 
100 TOO -too 

BSFeei 

Legend I Parcel

s -^ Geographic Gbordinate I Area requiring de^ed restriction 

o T l t o 

O CO 

O O l CD CO CO 00 CO CD 

o 

O ?; K) OO 

-~4 O) T l 

> 

m 03 CD 

NORTH 

EXHIBIT B B &

B Chemical Co., inc. Superfund Site 

Hileah, Miarrii-Dade County, Florida ^ 
CFN: 20130593888 BOOK 28746 PAGE 2862 

EXHIBIT "C" 

Encumbrances 

Parcel No.: 04-3013-001-0170 

I. UndergroLind Easement, recorded August 2, 1984, Official Record Book 12225 Page 8 i 0, 

Grantee- Florida Power & Light Company 

Parcel No.: 04-3013-001-0171 

None 

Parcel No.: 04-3013-001-0172 

I. Underground Easement, recorded August 2, 1984, Official Record Book 12225 Page 810, 

Grantee- Florida Power & Light Company 

12 of 12 
WM 

Unl1»«J,StatB*JsO:-::i= 

EnvifonirvBntat Prbtectlorr 

Agsncy , : 

Explahatiort of Signlfjo^ 

Site Name: 

CERCLA ID it:.. 

Site Location: 

Lead Agency: 

Support Agency: 

•'.:' • <- ^ • • • • •• . 

B&B Chernical Superfund Site . 

: FLD004574190 \,: 

875 W. 20*" Street, Hialeah, FL 

EPA, Region 4. 

: Florida Department of Environmental ;- -

• Protectlon-r-^ .'v.;^.:-... ••••:•..: •;-*.' 'r:-.-t--V: 

•'•.••• • • : / • 

--; -•-/:^s-.:-^.^>^:;^*v;;:::::.:^' 

^'aHB 

: :] Hialeah-Florld^^^^^ 

I - ••••j'^'v.V-". 

^ I 

-

I. Introduction 

This decision document presents an Explanation of 

Significant Differences (ESD) for the B&B 

Chemical Superfund Site (Site), located in Hialeali, 

Florida. The Record of Decision (ROD) addressed 

by this ESD was signed on September 12, 1994. 

The ESD is issued in accordance with § 117(c) of 

the Comprehensive Environmental Response, 

Compensation, and Liability Act of 1980 

(CERCLA), 42 U.S.C. § 9601 et seq., as amended 

by the Superfund Amendments and Reauthorization 

Act of 1986 (SARA), and the National Oil and 

Hazardous Substances Pollution Contingency Plan 

(NCP). ij 300.435(c)(2)(i). The Director of the 

Superfund Division has been delegated the authority 

to sign this ESD. 

This ESD will become part of the Administrative 

Record for the B&B Chemical Superfund Site (NCP 

300.825(a)(2)), which has been developed in 

accordatice with § 113(k) of CERCLA, 42 U.S.C. § 

96l3(k). 

The Administrative Record is available for review 

at the John F. Kennedy Memorial Library, 190 West 

49"" Street. Hialeah, FL 33012; Monday-Thursday, 

12:00 p.m. - 7:45 p.m.; Friday and Saturday. 10:00 

a.m. - 4:45 p.m, and at U.S. EPA Region 4. 11 th 

Floor Library, 61 Forsyth Street SW, Atlanta, 

Georgia 30303. Monday - Friday, 7:30 a.m. to 4:30 

p.m. 

II. Statement of Purpose 

Since the ROD finalization date, issues concerning 

institutional controls have been identified at the 

Site. 

The purposes of this ESD are (1) to provide an 

explanation of a change in the method for 

determining whether the groundwater performance 

standards in the ROD have been met and (2) to 

select institutional controls in the form of deed 

restrictions. The selected deed restrictions are 

designed to: 1) maintain the integrity of the existing 

impermeable surfaces to prevent human exposure to 

the underlying contaminated soil and to reduce the 

potential for contaminants to migrate into the 

groundwater; 2) to require preconstruction sampling 

to ensure that existing soil contaminants beneath 

new construction do not pose an exposure risk to 

future occupants through vapor intrusion; 3) and to 

limit future use of the property to commercial or 

industrial. 
The Environmental Protection Agency (EPA) 

prepares an ESD when it is determined by the 

Agency that changes to the original selected remedy 

are significant, but do not fundamentally alter the 

remedy selected in the ROD with respect to scope, 

performance, or cost. 

III. Site History and Contamination 

Site History 

The Site occupies approximately 4 Vz acres in 

Hiahleah, Florida. B&B Tritech, Inc., formerly 

B&B Chemical Company, has formulated industrial 

cleaning compounds at the Site since 1963. 

In the mid-1970s, the Dade County Department of 

Environmental Resources Management (DERM) 

documented the presence of wastewater residues in 

five soakage pits at the Site. In 1981 and 1982, 

construction workers excavating near the site 

complained of skin burns and irritation, in 1985, 

DERM requested that EPA investigate conditions at 

the site. This investigation confirmed the presence 

of volatile and semivolatile organic compounds in 

the Site's groundwater and .soil. A plume of 

contaminated groundwater had migrated across the 

street, south of the Site. 

The Site was proposed for the National Priorities 

List (NPL) on June 24, 1988, and became a final 

NPL site on Augast 30, 1990. B&B Chemical, Inc., 

under an agreement with Dade County, operated a 

groundwater recovery and treatment system from 

August 1988 until the early 1990s. This 

groundwater treatment reduced groundwater 

contaminants to levels which EPA believed were 

low enough to select monitored natural attenuation 

to address the remaining, low level contaminants. 

Site Contamination 

The contaminants of concem found at the Site in the 

groundwater at unacceptable levels were vinyl 

chloride, benzene, chromium, and chlorobenzene. 

Some or all of the cotitaminants identified are 

hazardous substances as defined in § 101(14) of 

CERCLA, 42, U.S.C. § 9601(14). and 40 C.F.R. § 

302.4. 

IV. Selected Remedy 

A Proposed Plan that described EPA's preferred 

remedy was issued for the Site in May 1994. The 

plan specified that the remaining contaminated 

groundwater would be addressed through monitored 

natural attenuation of the groundwater 

contaminants. It also stated that institutional 

controls in the form of deed restrictions would be 

sought on the B & B property to prevent the 

disturbance of the Site's contaminated subsurface 

soil (currently paved over) and to restrict the 

property' to industrial or commercial use only. 

However, when the Record of Decision (ROD) for 

the Site was signed on September 12, 1994, this 

requirement was modified to include institutional 

controls in the form of a notification agreement 

between EPA and the landowner to ensure the 

continued integrity of the asphalt cover. 

The ROD specified that the selected monitoring 

wells would be sampled until the groundwater 

contaminants decreased to levels below the 

performance standards for two consecutive rounds 

of sampling (one year). The ROD specified that 

when all wells had attained the performance 

standards, one final round of sampling would be 

conducted that would include all monitoring wells. 

The groundwater was regularly sampled until 2007 

when it was demonstrated that all wells had reached 

contaminant concentrations that were below the 

ROD performance standards for two consecutive 

rounds of sampling. 

In 2007. EPA conducted the Second Five Year 

Review for the Site. The purpose of the Five Year 

Review was to evaluate the protectiveness of the 

selected remedy. During the Five Year Review, 

EPA evaluated the potential issue of vapor 

intrusion, the po.ssible exposure pathway which 

could be completed if VOCs were to migrate from 

the contaminated groundwater, through the soil, and 

into buildings on the Site. It was determined that 

vapor intrusion did not currently pose a human 

health risk at the Site. However, the Five Year 

Review recommended that the potential for vapor 

intmsion be investigated and addressed prior to any 

new construction at the Site. Therefore, the current 
institutional controls should be strengthened in 

order to ensure the long term protectiveness of the 

remedial action. It was recommended that this be 

accomplished through placing a restrictive covenant 

on the property. 

V. Description of Significant 

Differences and Basis for the ESD 

An ESD is necessary in order to supplement the 

institutional control requirements previously set 

forth in the ROD and to select institutional controls 

in the form of deed restrictions as called for in the 

Proposed Plan. Accordingly, this ESD requires that 

a restrictive covenant be placed on the propeity to 

ensure that the integrity of existing impermeable 

surfaces are maintained, that future use of the 

property remains commercial and/or industrial, and 

to ensure that the potential for vapor intmsion into 

any newly constructed buildings is evaluated and 

properly addres.sed. The restrictive covenant should 

be developed consistent with the Florida 

Department of Environmental Protection (FDEP) 

In.stitutional Controls Guidance issued in November 

2004. An ESD is also necessary to remove the 

requirement from the ROD that a final roinid of 

groundwater sampling be conducted. Because all 

monitoring wells have demonstrated during two 

consecutive rounds of sampling that the ROD 

performance standards have been attained, EPA, 

with FDEP's concuirence. is removing the 

requirement that a final round of groundwater 

sampling be conducted. 

VI. Support Agency Comments 

EPA consulted with the FDEP and provided it the 

opportunity to comment on this ESD in accordance 

with NCP § 300.435 (c)(2) and § 300.435 (c)(2)(i) 

and CERCLA § 121(0. 

VII. Statutory Determinations 

EPA has determined that these significant changes 

comply with the statutory requirements of CERCLA 

§ 121, 42 U.S.C. § 9621, are protective of human 

health and the environment, comply with federal 

and state requirements that are applicable or 

relevant and appropriate to the remedial action, are 

cost-effective, and utilize permanent solutions and 

alternative treatment technologies to the maximum 

extent practicable. 

Because hazardous substances, pollutants, or 

contaminants remain on Site above levels that allow 

for unlimited use and unrestricted exposure, a 

policy review will be conducted no less often than 

each five years after the initiation of the remedial 

action to ensure that the remedy is, or will be. 

protective of human health and the environment. 

VIII. Public Participation 

The public participation requirements set out in the 

NCP § 300.435(c)(2) have been met by publishing 

this ESD, making it available to the public in the 

Administrative Record, and publishing a notice 

summarizing the ESD in a major local newspaper. 

IX. Authorizing Signature 

I have determined that the remedy for the Site, as 

modified by this ESD, is protective of human health 

and the environment, and will remain so provided 

that the actions presented in this report are 

implemented as described above. 

This ESD documents the significant changes related 

to the remedy at the Site. U.S. EPA selected these 

changes after consultation with the FDEP. 

U.S. Environmental Protection Agency 

Franklin E. HUc Director 

Superfund Division 

Date: 

//^•/^ : ^ 
CONCURRENCE PAGE FOR THE 

B &B CHEmCA L SUPERFUND SITE 

EXPLANATION OF SIGNIFICANT DIFFERENCES 

Document Prepared By: 

EPA Region 4 

Remedial Project Manager: 

l/l/Ma^ 

William C. Denman Date 

Concur By: 

EPA Region 4 

Site Attorney: Rhei^yn I^c h 

c i ^ 

Date 

Concur By: 

EPA Region 4 

Section Chief, CERCLA B 

Office of Environmental Accountability: Mary Johnso 

A_, 

(. 

Date f 

Concur By: 

EPA Region 4 

Section Chief 

Superfund Division: 

Concur By: 

EPA Region 4 

Branch Chief 

Superfund Division: 

Dat njitp I e 

Carol Monel' Date 

Concur By: 

EPA Region 4 

Director 

Superfund Division: FranfcjifE.yili :• Date 
Five-Year Review Report 

Third Five-Year Review Report 

for 

B&B Chemical Co., Inc. 

r i:P.A >D FLI>0()4S741'>0 

Hialeah 

Miami-Dade County, Florida 

I; 

. August 2012 

Prepared By: 

Skeo Solutions 

92 V Second Street SE 

Charlottesville, Virginia 

22902 

For: 

Unilecl States Ehvironmental Protection Agency 

Region 4 

;^ Atlanta, Georgia 

A ppro ved^r;;^ 

-rankJiti E: Hill 

)irectpr, Superftind Division 

10903248 
Five-Year Review Summary Form (continued) 

Issues/Recommendations 

^Issues and Recommendations Identified in the Five-Year Review: | 

OU(s): 1 

Affect Current 

Protectiveness 

No 

Issue Category: institutional Controls 

Issue: Institutional controls called for in the 2009 ESD are not yet 

implemented. 

Recommendation: Implement required institutional controls. 

Affect Future 

Protectiveness 

Yes 

Implementing 

Party 

EPA 

Oversight 

Party 

EPA 

Milestone Date 

5/1/2013 

Site Wide Protectiveness Statement 

Protectiveness Determination: 

Short-term Protective 

Addendum Due Date (if applicable): 

N/A 

Protectiveness Statement: 

The remedy at the Site is protective of human health and the enviroiuiient in the short-tenn, because 

ground water at the Site tnet perfomiance standards and stmctures at the Site prevent exposure to 

remaining source mateiial. However, in order for the remedy to be protective in the long term, 

institutional controls called for in the Site's decision documents should be implemented to ensure tliat 

the integrity of existing impemieable surfaces is maintained; ensure that future use of the property 

remains coiimiercial or industiial; ensure that the potential for VI into any newly constructed buildings 

is evaluated atid properly addressed. 

Environmental Indicators 

- Current human exposures at the Site are under control. 

- Current ground water migration is under control. 

Are Necessary Institutional Controls in Place? 

• All K Some D None 

Has the Site Been Designated as Site Wide Ready for Anticipated Use? 

n Yes ^ No 

Yes n No 

Has site been put into reuse?