IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) ARMCO INC., AMERICAN HOME ) PRODUCTS CORP., GOULD ) ELECTRONICS INC., A.E. CLEVITE ) INC., GLACIER VANDERVELL INC., ) T & N INDUSTRIES INC., THE ) PULLMAN COMPANY, SALTIRE ) INDUSTRIAL, INC., formerly ) SCOVILL, INC., and WESTINGHOUSE ) ELECTRIC CORPORATION, ) ) Defendants, ) ) and ) ) ARMCO INC., ) ) Third-Party Plaintiff, ) ) v. ) ) AMERICAN HOME PRODUCTS CORP., ) BUCKEYE DISPOSAL, INC., CHEVRON ) CHEMICAL COMPANY, ELKEM METALS ) COMPANY, GOULD ELECTRONICS INC., ) JEFFREY FULTZ, RUTH MARGARET ) FULTZ, WESLEY FULTZ, B.C. ) McPHERSON, THE PULLMAN COMPANY, ) SALTIRE INDUSTRIAL, INC., T & N ) INDUSTRIES INC., and UNION ) CARBIDE CORPORATION, ) ) Third-Party Defendants. ) CIVIL ACTION NO: C2-95-698 JUDGE SMITH MAGISTRATE JUDGE KING CONSENT DECREE EPA Region 5 Records Ctr. 230026
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FOR THE SOUTHERN DISTRICT OF OHIO UNITED STATES ...IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO UNITED STATES OF AMERICA, )) Plaintiff, )) v.)) ARMCO INC.,
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IN THE UNITED STATES DISTRICT COURTFOR THE SOUTHERN DISTRICT OF OHIO
UNITED STATES OF AMERICA, ))
Plaintiff, ))
v. ))
ARMCO INC., AMERICAN HOME )PRODUCTS CORP., GOULD )ELECTRONICS INC., A.E. CLEVITE )INC., GLACIER VANDERVELL INC., )T & N INDUSTRIES INC., THE )PULLMAN COMPANY, SALTIRE )INDUSTRIAL, INC., formerly )SCOVILL, INC., and WESTINGHOUSE )ELECTRIC CORPORATION, )
)Defendants, )
)and )
)ARMCO INC., )
)Third-Party Plaintiff, )
)v. )
)AMERICAN HOME PRODUCTS CORP., )BUCKEYE DISPOSAL, INC., CHEVRON )CHEMICAL COMPANY, ELKEM METALS )COMPANY, GOULD ELECTRONICS INC., )JEFFREY FULTZ, RUTH MARGARET )FULTZ, WESLEY FULTZ, B.C. )McPHERSON, THE PULLMAN COMPANY, )SALTIRE INDUSTRIAL, INC., T & N )INDUSTRIES INC., and UNION )CARBIDE CORPORATION, )
)Third-Party Defendants. )
CIVIL ACTION NO: C2-95-698
JUDGE SMITHMAGISTRATE JUDGE KING
CONSENT DECREE
EPA Region 5 Records Ctr.
230026
I. BACKGROUND l
II. JURISDICTION 5
III. PARTIES BOUND 5
IV. DEFINITIONS 6
V. GENERAL PROVISIONS 11
VI. PERFORMANCE OF THE WORK BY SETTLING DEFENDANTS 15
VII. REMEDY REVIEW 22
VIII. QUALITY ASSURANCE. SAMPLING, and DATA ANALYSIS . . . . 23
IX. ACCESS 25
X. REPORTING REQUIREMENTS 28
XI. EPA APPROVAL OF PLANS AND OTHER SUBMISSIONS 30
XII. PROJECT COORDINATORS 32
XIII. ASSURANCE OF ABILITY TO COMPLETE WORK 34
XIV. CERTIFICATION OF COMPLETION 36
XV. EMERGENCY RESPONSE 40
XVI. REIMBURSEMENT OF RESPONSE COSTS 42
XVII. INDEMNIFICATION AND INSURANCE 45
XVIII. FORCE MAJEURE 48
XIX. DISPUTE RESOLUTION 51
XX. STIPULATED PENALTIES 55
XXI. COVENANTS NOT TO SUE BY PLAINTIFF 61
XXII. COVENANTS BY SETTLING DEFENDANTS AND LANDOWNER . . . . 66
upon the onset of such reporting obligations orally notify the
EPA Project Coordinator or the Alternate EPA Project Coordinator
(in the event of the unavailability of the EPA Project
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Coordinator), or, in the event that neither the EPA Project
Coordinator or Alternate EPA Project Coordinator is available,
the Emergency Response Section, Region V, United States
Environmental Protection Agency. These reporting requirements
are in addition to the reporting required by CERCLA Section 103
or EPCRA Section 304.
31. Within 20 days of the onset of such reporting
obligation, Settling Defendants shall furnish to Plaintiff a
written report, signed by the Settling Defendants' Project
Coordinator, setting forth the events which occurred and the
measures taken, and to be taken, in response to the release.
Within 30 days of the completion of such measures, Settling
Defendants shall submit a report setting forth all actions taken
in response thereto.
32. Settling Defendants shall submit two (2) copies of all
plans, reports, and data required by the SOW, the Remedial Action
Work Plan, or any other approved plans to EPA in accordance with
the schedules set forth in such plans. Settling Defendants shall
simultaneously submit two (2) copies of all such plans, reports
and data to the State.
33. All reports and other documents submitted by Settling
Defendants to EPA (other than the monthly progress reports
referred to above) which purport to document Settling Defendants'
compliance with the terms of this Consent Decree shall be signed
by an authorized representative of the Settling Defendants.
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XI. EPA APPROVAL OF PLANS AND OTHER SUBMISSIONS
34. After review of any plan, report or other item which is
required to be submitted for approval pursuant to this Consent
Decree, EPA, after reasonable opportunity for review and comment
by the State, shall: (a) approve, in whole or in part, the
submission; (b) approve the submission upon specified conditions,-
(c) modify the submission to cure any deficiencies; (d)
disapprove, in whole or in part, the submission, directing that
the Settling Defendants modify the submission; or (e) any
combination of the above. However, EPA shall not modify a
submission without first providing Settling Defendants at least
one notice of deficiency and an opportunity to cure within 21
days, except where to do so would cause serious disruption to the
Work or where previous submission(s) have been disapproved due to
material defects and the deficiencies in the submission under
consideration indicate a bad faith lack of effort to submit an
acceptable deliverable.
35. In the event of approval, approval upon conditions, or
modification by EPA, pursuant to Paragraph 34 (a), (b), or (c),
Settling Defendants shall proceed to take any action required by
the plan, report, or other item, as approved or modified by EPA
subject only to their right to invoke the Dispute Resolution
procedures set forth in Section XIX (Dispute Resolution) with
respect to the modifications or conditions made by EPA. In the
event that EPA modifies the submission to cure any deficiencies
pursuant to Paragraph 34(c) and the submission has a material
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defect, EPA retains its right to seek stipulated penalties, as
provided in Section XX.
36. a. Upon receipt of a notice of disapproval pursuant
to Paragraph 34(d), Settling Defendants shall, within 21 days or
such other longer time as specified by EPA in such notice,
correct the deficiencies and resubmit the plan, report, or other
item for approval. Any stipulated penalties applicable to the
submission, as provided in Section XX, shall accrue during the
21-day period or otherwise specified period but shall not be
payable unless the resubmission is disapproved or modified due to
a material defect as provided in Paragraph 38.
b. Notwithstanding the receipt of a notice of
disapproval pursuant to Paragraph 34(d), Settling Defendants
shall proceed, at the direction of EPA, to take any action
required by any nondeficient portion of the submission.
Implementation of any nondeficient portion of a submission shall
not relieve Settling Defendants of any liability for stipulated
penalties under Section XX (Stipulated Penalties) .
37. In the event that a resubmitted plan, report or other
item, or portion thereof, is disapproved by EPA, EPA may again
require the Settling Defendants to correct the deficiencies, in
accordance with the preceding Paragraphs. EPA also retains the
right to modify or develop the plan, report or other item.
Settling Defendants shall implement any such plan, report, or
item as modified or developed by EPA, subject only to their right
to invoke the procedures set forth in Section XIX (Dispute
Resolution).
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38. If upon resubmission, a plan, report, or item is
disapproved or modified by EPA due to a material defect
previously identified and not corrected, Settling Defendants
shall be deemed to have failed to submit such plan, report, or
item timely and adequately unless Settling Defendants invoke the
dispute resolution procedures set forth in Section XIX (Dispute
Resolution) and EPA's action is overturned pursuant to that
Section. The provisions of Section XIX (Dispute Resolution) and
Section XX (Stipulated Penalties) shall govern the implementation
of the Work and accrual and payment of any stipulated penalties
during Dispute Resolution. If EPA's disapproval or modification
is upheld, stipulated penalties shall accrue for such violation
from the date on which the initial submission was originally
required, as provided in Section XX.
39. All plans, reports, and other items required to be
submitted to EPA under this Consent Decree shall, upon approval
or modification by EPA, be enforceable under this Consent Decree.
In the event EPA approves or modifies a portion of a plan,
report, or other item required to be submitted to EPA under this
Consent Decree, the approved or modified portion shall be
enforceable under this Consent Decree.
XII. PROJECT COORDINATORS
40. Within 20 days of entry of this Consent Decree,
Settling Defendants and EPA will notify each other, in writing,
of the name, address and telephone number of their respective
designated Project Coordinators and Alternate Project
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Coordinators. If a Project Coordinator or Alternate Project
Coordinator initially designated is changed, the identity of the
successor will be given to the other parties at least five (5)
working days before the changes occur, unless impracticable, but
in no event later than the actual day the change is made. The
Settling Defendants' Project Coordinator shall be subject to
disapproval by EPA and shall have the technical expertise
sufficient to adequately oversee all aspects of the Work. The
Settling Defendants' Project Coordinator shall not be an attorney
for any of the Settling Defendants in this matter. He or she may
assign other representatives, including other contractors, to
serve as a Site representative for oversight of performance of
daily operations during remedial activities.
41. Plaintiff may designate other representatives,
including, but not limited to, EPA employees, and federal
contractors and consultants, to observe and monitor the progress
of any activity undertaken pursuant to this Consent Decree.
EPA's Project Coordinator and Alternate Project Coordinator shall
have the authority lawfully vested in a Remedial Project Manager
(RPM) and an On-Scene Coordinator (OSC) by the National
Contingency Plan, 40 C.F.R. Part 300. In addition, EPA's Project
Coordinator or Alternate Project Coordinator shall have
authority, consistent with the National Contingency Plan, to halt
any Work required by this Consent Decree and to take any
necessary response action when s/he determines that conditions at
the Site constitute an emergency situation or may present an
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immediate threat to public health or welfare or the environment
due to release or threatened release of Waste Material.
XIII. ASSURANCE OF ABILITY TQ COMPLETE WORK
42. Within 30 days of entry of this Consent Decree,
Settling Defendants shall establish and maintain financial
security in an amount equal to the estimated cost of implementing
the Work for the complete cost of construction of the Remedial
Action as set forth in the SOW (with the exception of the
construction of the Contingency Plan described in Section II. K.
of the SOW), plus all costs attributed to Operations and
Maintenance (O&M) for the first five years the O&M is to be
implemented. Such financial assurance shall be established in
one or more of the following forms:
(a) A surety bond;
(b) One or more irrevocable letters of credit:
(c) A trust fund;
(d) A guarantee to perform the Work by one or more
parent corporations or subsidiaries, or by one or more unrelated
corporations that have a substantial business relationship with
at least one of the Settling Defendants; or
(e) A demonstration that one or more of the Settling
Defendants satisfy the requirements of 40 C.F.R. Part 264.143(f).
43. If EPA determines that any portion of the contingency
remedy should be implemented pursuant to Section U.K. of the
SOW, then the Settling Defendants shall establish additional
financial security in the manner set forth in this Section for
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the estimated cost to construct such portion of the contingency
remedy and to operate and maintain such portion of the
contingency remedy for the next five years.
44. If the Settling Defendants seek to demonstrate the
ability to complete the Work through a guarantee by a third party
pursuant to Paragraph 42(d) of this Consent Decree, Settling
Defendants shall demonstrate that the guarantor satisfies the
requirement of 40 C.F.R. Part 264.143(f). If Settling Defendants
seek to demonstrate their ability to complete the Work by means
of the financial test or the corporate guarantee pursuant to
Paragraph 42(d) or (e), they shall resubmit sworn statements
conveying the information required by 40 C.F.R. Part 264.143(f)
annually, on the anniversary of the effective date of this
Consent Decree. In the event that EPA determines at any time
that the financial assurances provided pursuant to this Section
are inadequate, Settling Defendants shall, within 30 days of
receipt of notice of EPA's determination, obtain and present to
EPA for approval one or more of the other forms of financial
assurance listed in Paragraph 42 of this Consent Decree.
Settling Defendants' inability to demonstrate financial ability
to complete the Work shall not excuse performance of any
activities required under this Consent Decree.
45. If Settling Defendants can show that the estimated cost
to complete the remaining Work has diminished below the amount
set forth pursuant to Paragraph 42 above after entry of this
Consent Decree, Settling Defendants may, on any anniversary date
of entry of this Consent Decree, or at any other time agreed to
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by the Parties, reduce the amount of the financial security
provided under this Section to the estimated cost of the
remaining construction of the Remedial Action plus the next five
years of O&M. Settling Defendants shall submit a proposal for
such reduction to EPA, in accordance with the requirements of
this Section, and may reduce the amount of the security upon
approval by EPA. In the event of a dispute, Settling Defendants
may reduce the amount of the security in accordance with the
final administrative or judicial decision resolving the dispute.
46. Settling Defendants may change the form of financial
assurance provided under this Section at any time, upon notice to
and approval by EPA, provided that the new form of assurance
meets the requirements of this Section. In the event of a
dispute, Settling Defendants may change the form of the financial
assurance only in accordance with the final administrative or
judicial decision resolving the dispute.
XIV. CERTIFICATION OF COMPLETION
47. Completion of the Remedial Action
a. Within 90 days after Settling Defendants conclude
that the Remedial Action has been fully performed and the
Performance Standards have been attained, Settling Defendants
shall schedule and conduct a pre-certification inspection to be
attended by Settling Defendants and EPA. If, after the
pre-certification inspection, the Settling Defendants still
believe that Remedial Action has been fully performed and the
Performance Standards have been attained, they shall submit a
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written report requesting certification to EPA for approval,
pursuant to Section XI (EPA Approval of Plans and Other
Submissions) within 30 days of the inspection. In the report, a
registered professional engineer and the Settling Defendants'
Project Coordinator shall state that the Remedial Action has been
completed in full satisfaction of the requirements of this
Consent Decree. The written report shall include as-built
drawings signed and stamped by a professional engineer. The
report shall contain the following statement, signed by a
responsible corporate official of a Settling Defendant or the
Settling Defendants' Project Coordinator:
"To the best of my knowledge, after thorough investigation,I certify that the information contained in or accompanyingthis submission is true, accurate and complete. I am awarethat there are significant penalties for submitting falseinformation, including the possibility of fine andimprisonment for knowing violations."
If, after completion of the pre-certification inspection and
receipt and review of the written report, EPA determines that the
Remedial Action or any portion thereof has not been completed in
accordance with this Consent Decree or that the Performance
Standards have not been achieved, EPA will notify Settling
Defendants in writing of the activities that must be undertaken
by Settling Defendants pursuant to this Consent Decree to
complete the Remedial Action and achieve the Performance
Standards. Provided, however, that EPA may only require Settling
Defendants to perform such activities pursuant to this Paragraph
to the extent that such activities are consistent with the "scope
of the remedy selected in the ROD," as that term is defined in
Paragraph 14b. EPA will set forth in the notice a schedule for
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performance of such activities consistent with the Consent Decree
and the SOW or require the Settling Defendants to submit a
schedule to EPA for approval pursuant to Section XI (EPA Approval
of Plans and Other Submissions). Settling Defendants shall
perform all activities described in the notice in accordance with
the specifications and schedules established pursuant to this
Paragraph, subject to their right to invoke the dispute
resolution procedures set forth in Section XIX (Dispute
Resolution).
b. If EPA concludes, based on the initial or any
subsequent report requesting Certification of Completion that the
Remedial Action has been fully performed in accordance with this
Consent Decree and that the Performance Standards have been
achieved, EPA will so certify in writing to Settling Defendants.
This certification shall constitute the Certification of
Completion of the Remedial Action for purposes of this Consent
Decree, including, but not limited to, Section XXI (Covenants Not
to Sue by Plaintiff). Certification of Completion of the
Remedial Action shall not affect Settling Defendants' remaining
obligations under this Consent Decree.
48. Completion of the Work
a. Within 90 days after Settling Defendants conclude
that all phases of the Work (including 0 & M), have been fully
performed, Settling Defendants shall schedule and conduct a pre-
certification inspection to be attended by Settling Defendants
and EPA. If, after the pre-certification inspection, the
Settling Defendants still believe that the Work has been fully
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performed, Settling Defendants shall submit a written report by a
registered professional engineer stating that the Work has been
completed in full satisfaction of the requirements of this
Consent Decree. The report shall contain the following
statement, signed by a responsible corporate official of a
Settling Defendant or the Settling Defendants' Project
Coordinator:
"To the best of my knowledge, after thorough investigation,I certify that the information contained in or accompanyingthis submission is true, accurate and complete. I am awarethat there are significant penalties for submitting falseinformation, including the possibility of fine andimprisonment for knowing violations."
If, after review of the written report, EPA determines that any
portion of the Work has not been completed in accordance with
this Consent Decree, EPA will notify Settling Defendants in
writing of the activities that must be undertaken by Settling
Defendants pursuant to this Consent Decree to complete the Work.
Provided, however, that EPA may only require Settling Defendants
to perform such activities pursuant to this Paragraph to the
extent that such activities are consistent with the "scope of the
remedy selected in the ROD," as that term is defined in Paragraph
14b. EPA will set forth in the notice a schedule for
performance of such activities consistent with the Consent Decree
and the SOW or require the Settling Defendants to submit a
schedule to EPA for approval pursuant to Section XI (EPA Approval
of Plans and Other Submissions). Settling Defendants shall
perform all activities described in the notice in accordance with
the specifications and schedules established therein, subject to
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their right to invoke the dispute resolution procedures set forth
in Section XIX (Dispute Resolution).
b. If EPA concludes, based on the initial or any
subsequent request for Certification of Completion by Settling
Defendants, that the Work has been performed in accordance with
this Consent Decree, EPA will so notify the Settling Defendants
in writing.
XV. EMERGENCY RESPONSE
49. In the event of any action or occurrence which causes
or threatens a release of Waste Material from the Site that
constitutes an emergency situation or may present an immediate
threat to public health or welfare or the environment, Settling
Defendants shall, subject to Paragraphs 50 and 51, immediately
take all appropriate action to prevent, abate, or minimize such
release or threat of release, and shall immediately notify the
EPA's Project Coordinator, or, if the Project Coordinator is
unavailable, EPA's Alternate Project Coordinator. If neither of
these persons are available, the Settling Defendants shall notify
the EPA Emergency Response Unit, Region V. Settling Defendants
shall take such actions in consultation with EPA's Project
Coordinator or other available authorized EPA officer and in
accordance with all applicable provisions of the Health and
Safety Plans, the Contingency Plans, and any other applicable
plans or documents developed pursuant to the SOW. In the event
that Settling Defendants fail to take appropriate emergency
response action as required by this Section, and EPA takes such
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action instead, Settling Defendants shall reimburse EPA all costs
of the emergency response action not inconsistent with the NCP
pursuant to Section XVI (Reimbursement of Response Costs).
50. Settling Defendants shall not be required to take those
actions described in Paragraph 49 other than to exercise due care
with respect to the emergency situation and hazardous substance
or substances involved in the emergency situation, to notify the
appropriate EPA official as provided in Paragraph 49, and to
notify such additional persons as provided in Paragraph 30 if all
of the following circumstances apply: a) such emergency
situation commences or occurs following EPA's approval of the
Settling Defendants' Completion of Construction Report described
in Task IV.B. of the SOW; b) Settling Defendants are not in the
process of constructing Phase I or constructing or operating
Phase II of the contingency remedy described in Section II,
Paragraph K of the SOW; c) Settling Defendants are not in the
process of construction or repair of any portion of the remedy,
described in Paragraph 14.b., during the Operation and
Maintenance portion of the Work; and d) Settling Defendants
establish to EPA
(i) that the Waste Material involved in the emergencysituation was placed at the Site following the entry of thisConsent Decree and
(ii) that no action taken by any of the Settling Defendants,including their contractors caused, or contributed to thecreation of the emergency situation or the placement at theSite of the Waste Material involved in the emergencysituation.
Nothing in this Paragraph relieves the Settling Defendants of any
obligation in any other Section of this Consent Decree.
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51. Nothing in this Section shall be deemed to limit any
authority of the United States a) to take all appropriate action
to protect human health and the environment or to prevent, abate,
respond to, or minimize an actual or threatened release of Waste
Material on, at, or from the Site, or b) (except as provided in
Paragraph 50) to direct or order such action, or seek an order
from the Court, to protect human health and the environment or to
prevent, abate, respond to, or minimize an actual or threatened
release of Waste Material on, at, or from the Site, subject to
Section XXI (Covenants Not to Sue by Plaintiff) .
XVI. REIMBURSEMENT OF RESPONSE COSTS
52. Settling Defendants shall reimburse the United States
for all Future Response Costs not inconsistent with the National
Contingency Plan incurred by the United States. The United
States will send Settling Defendants a bill requiring payment
that includes an Itemized Cost Summary (ICS) Statement which
includes direct and indirect costs incurred by EPA, DOJ and their
contractors. Settling Defendants shall make all payments within
30 days of Settling Defendants' receipt of each bill requiring
payment except as otherwise provided in Paragraph 53. The
Settling Defendants shall make all payments required by this
Paragraph in the form of a certified check or checks made payable
to "EPA Hazardous Substance Superfund" and referencing the
U.S.A.O. file number 95-1798, the EPA Region and Site/Spill ID t
05C6, and the DOJ case number 90-11-3-856. The Settling
Defendants shall forward the certified check(s) to:
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U.S. Environmental Protection AgencySuperfund AccountingP.O. Box 70753Chicago, Illinois 60673
and shall send copies of the check(s) to the United States as
specified in Section XXVI (Notices and Submissions). Afcer
receipt of each bill, Settling Defendants shall have the right,
upon request, to receive documentation supporting the amounts
claimed on the Itemized Cost Statement. Such a request does not
suspend the Settling Defendants' payment obligations which must
be made within 30 days of receipt of the bill; any questioned
amounts may be put into escrow in accordance with Paragraph 53
until 30 days following receipt of such additional documentation,
unless any such amounts are disputed in accordance with Paragraph
53.
53. Settling Defendants may contest payment of any Future
Response Costs under Paragraph 52 if they determine that the
United States has made an accounting error or if they allege that
a cost item that is included represents costs that are
inconsistent with the NCP. Such objection shall be made in
writing within 30 days of receipt of the bill or receipt of
additional documentation sent by the United States pursuant to
Paragraph 52 and must be sent to the United States pursuant to
Section XXVI (Notices and Submissions). Any such objection shall
specifically identify the contested Future Response Costs and the
basis for objection. In the event of an objection, the Settling
Defendants shall within the 30 day period pay all uncontested
Future Response Costs to the United States in the manner
described in Paragraph 52. Simultaneously, the Settling
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Defendants shall establish an interest-bearing escrow account in
a federally-insured bank duly chartered in the State of Ohio and
remit to that escrow account funds equivalent to the amount of
the contested Future Response Costs. The Settling Defendants
shall send to the United States, as provided in Section XXVI
(Notices and Submissions), a copy of the transmittal letter and
check paying the uncontested Future Response Costs, and a copy of
the correspondence that establishes and funds the escrow account,
including, but not limited to, information containing the
identity of the bank and bank account under which the escrow
account is established as well as a bank statement showing the
initial balance of the escrow account. Simultaneously with
establishment of the escrow account, the Settling Defendants
shall initiate the Dispute Resolution procedures in Section XIX
(Dispute Resolution). If the United States prevails in the
dispute, within 15 days of the resolution of the dispute, the
Settling Defendants shall pay the sums due (with accrued
interest) to the United States in the manner described in
Paragraph 52. If the Settling Defendants prevail concerning any
aspect of the contested costs, the Settling Defendants shall pay
that portion of the costs (plus associated accrued interest) for
which they did not prevail to the United States in the manner
described in Paragraph 52; Settling Defendants shall be disbursed
any balance of the escrow account. The dispute resolution
procedures set forth in this Paragraph in conjunction with the
procedures set forth in Section XIX (Dispute Resolution) shall be
the exclusive mechanisms for resolving disputes regarding the
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Settling Defendants' obligation to reimburse the United States
for its Future Response Costs.
54. In the event that the payments required by Paragraph 52
are not made within the time established in Paragraph 5? or
Paragraph 53, Settling Defendants shall pay interest on the
unpaid balance at the rate established pursuant to Section 107 (a)
of CERCLA, 42 U.S.C. § 9607(a). The interest to be paid on such
unpaid amounts shall begin to accrue on the date of the bill.
The Interest shall accrue through the date of the Settling
Defendants' payment. Payment of Interest made under this
Paragraph shall be in addition to such other remedies or
sanctions available to Plaintiff by virtue of Settling
Defendants' failure to make timely payments under this Section.
The Settling Defendants shall make all payments required by this
Paragraph in the manner described in Paragraph 52.
XVII. INDEMNIFICATION AND INSURANCE
55. a. The United States does not assume any liability by
entering into this agreement or by virtue of any designation of
Settling Defendants as EPA's authorized representatives under
subcontractors, and any person acting on their behalf or under
their control, in carrying out activities pursuant to this
Consent Decree. The United States shall not be held out as a
party to any contract entered into by or on behalf of Settling
Defendants in carrying out activities pursuant to this Consent
Decree. Neither the Settling Defendants nor any such contractor
shall be considered an agent of the United States.
b. The United States shall give Settling Defendants
notice of any claim for which the United States plans to seek
indemnification pursuant to Paragraph 55.a., and shall consult
with Settling Defendants prior to settling such claim.
56. Settling Defendants waive all claims against the United
States for damage or reimbursement or for set-off of any payments
made or to be made to the United States, arising from or on
account of any contract, agreement, or arrangement between any
one or more of Settling Defendants and any person for performance
of Work on or relating to the Site, including, but not limited
-46-
to, claims on account of construction delays. In addition,
Settling Defendants shall indemnify and hold harmless the United
States with respect to any and all claims for damages or
reimbursement arising from or on account of any contract,
agreement, or arrangement between any one or more of Settling
Defendants and any person for performance of Work on or relating
to the Site, including, but not limited to, claims on account of
construction delays.
57. No later than 15 days before commencing any on-site
Work, Settling Defendants shall secure, and shall maintain until
the first anniversary of EPA's Certification of Completion of the
Remedial Action pursuant to Paragraph 47 of Section XIV
(Certification of Completion) comprehensive general liability
insurance and automobile liability insurance with limits of five
million dollars, combined single limit naming as additional
insured the United States. In addition, for the duration of this
Consent Decree, Settling Defendants shall satisfy, or shall
ensure that their contractors or subcontractors satisfy all
applicable law and regulations regarding the provision of
worker's compensation insurance for all persons performing the
Work on behalf of Settling Defendants in furtherance of this
Consent Decree. Prior to commencement of the Work under this
Consent Decree, Settling Defendants shall provide to EPA
certificates of such insurance and a copy of each insurance
policy. Settling Defendants shall resubmit such certificates and
copies of policies each year on the anniversary of the effective
date of this Consent Decree. If Settling Defendants demonstrate
-47-
by evidence satisfactory to EPA that any contractor or
subcontractor maintains insurance equivalent to that described
above, or insurance covering the same risks but in a lesser
amount, then, with respect to that contractor or subcontractor,
Settling Defendants need provide only that portion of the
insurance described above which is not maintained by the
contractor or subcontractor.
XVIII. FORCE MAJEURE
58. "Force majcure," for purposes of this Consent Decree,
is defined as any event arising from causes beyond the control of
the Settling Defendants or any entity controlled by Settling
Defendants, or Settling Defendants' contractors, that delays or
prevents the performance of any obligation under this Consent
Decree despite Settling Defendants' best efforts to fulfill the
obligation. The requirement that the Settling Defendants
exercise "best efforts to fulfill the obligation" includes using
best efforts to anticipate any potential force majeure event and
best efforts to address the effects of any potential force
majeure event (1) as it is occurring and (2) following the
potential force majeure event, such that the delay is minimized
to the greatest extent possible. "Force Majeure" does not
include financial inability to complete the Work or a failure to
attain the Performance Standards.
59. If any event occurs or has occurred that may delay the
performance of any obligation under this Consent Decree, whether
or not caused by a force majeure event, the Settling Defendants
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shall notify orally EPA's Project Coordinator or, in his or her
absence, EPA's Alternate Project Coordinator or, in the event
both of EPA's designated representatives are unavailable, the
Director of the Superfund Division, EPA Region V, within 72 hours
of when Settling Defendants first knew that the event might cause
a delay. Within 10 days thereafter, Settling Defendants shall
provide in writing to EPA (1) an explanation and description of
the reasons for the delay; (2) the anticipated duration of the
delay; (3) all actions taken or to be taken to prevent or
minimize the delay; (4) a schedule for implementation of any
measures to be taken to prevent or mitigate the delay or the
effect of the delay; (5) the Settling Defendants' rationale for
attributing such delay to a force majeure event if they intend to
assert such a claim; and (6) a statement as to whether, in the
opinion of the Settling Defendants, such event may cause or
contribute to an endangerment to public health, welfare or the
environment. The Settling Defendants shall include with any
notice all available documentation supporting their claim that
the delay was attributable to a force majeure. Failure to comply
with the above requirements shall preclude Settling Defendants
from asserting any claim of force majeure for that event for the
period of time of such failure to comply, and for any additional
delay caused by such failure. Settling Defendants shall be
deemed to know of any circumstance of which Settling Defendants,
any entity controlled by Settling Defendants, or Settling
Defendants' contractors knew or should have known.
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60. If EPA agrees that the delay or anticipated delay is
attributable to a force majeure event, the time for performance
of the obligations under this Consent Decree that are affected by
the force majeure event will be extended by EPA for such time as
is necessary to complete those obligations. An extension of the
time for performance of the obligation affected by the force
majeure event shall not, of itself, extend the time for
performance of any other obligation. If EPA agrees that the
delay or anticipated delay has been or will be caused by a force
majeure event, EPA will notify the Settling Defendants in writing
of its decision. If EPA agrees that the delay is attributable to
a force majeure event, EPA will notify the Settling Defendants in
writing of the length of the extension, if any, for performance
of the obligations affected by the force majeure event.
61. If the Settling Defendants elect to invoke the dispute
resolution procedures set forth in Section XIX (Dispute
Resolution), they shall do so no later than 15 days after receipt
of EPA's notice. In any such proceeding, Settling Defendants
shall have the burden of demonstrating by a preponderance of the
evidence that the delay or anticipated delay has been or will be
caused by a force majeure event, that the duration of the delay
or the extension sought was or will be warranted under the
circumstances, that best efforts were exercised to avoid and
mitigate the effects of the delay, and that Settling Defendants
complied with the requirements of Paragraphs 58 and 59, above.
If Settling Defendants carry this burden, the delay at issue
shall be deemed not to be a violation by Settling Defendants of
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the affected obligation of this Consent Decree identified to EPA
and the Court.
XIX. DISPUTE RESOLUTION
62. Unless otherwise expressly provided for in this Consent
Decree, the dispute resolution procedures of this Section shall
be the exclusive mechanism to resolve disputes arising under or
with respect to this Consent Decree. However, the procedures set
forth in this Section shall not apply to actions by the United
States to enforce obligations of the Settling Defendants that
have not been disputed in accordance with this Section.
63. Any dispute which arises under or with respect to this
Consent Decree shall in the first instance be the subject of
informal negotiations between the parties to the dispute. The
period for informal negotiations shall not exceed 20 days from
the time the dispute arises, unless it is modified by written
agreement of the parties to the dispute. The dispute shall be
considered to have arisen when one party sends the other parties
a written Notice of Dispute.
64. a. In the event that the parties cannot resolve a
dispute by informal negotiations under the preceding Paragraph,
then the position advanced by EPA shall be considered binding
unless, within 20 days after the conclusion of the informal
negotiation period, the Settling Defendants invoke the formal
dispute resolution procedures of this Section by serving on the
United States a written Statement of Position on the matter in
dispute, including, but not limited to, any factual data,
analysis or opinion supporting that position and any supporting
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documentation relied upon by the Settling Defendants. The
Statement of Position shall specify the Settling Defendants'
position as to whether formal dispute resolution should proceed
under Paragraph 65 or 66.
b. Within fourteen (14) days after receipt of the
Settling Defendants' Statement of Position, EPA will serve on
Settling Defendants its Statement of Position, including, but not
limited to, any actual data, analysis, or opinion supporting that
position and all supporting documentation relied upon by EPA.
EPA's Statement of Position shall include a statement as to
whether formal dispute resolution should proceed under Paragraph
65 or 66. Within ten (10) days after receipt of EPA's Statement
of Position, Settling Defendants may submit a reply.
c. If there is disagreement between EPA and the
Settling Defendants as to whether dispute resolution should
proceed under Paragraph 65 or 66, the parties to the dispute
shall follow the procedure set forth in the paragraph determined
by EPA to be applicable. However, if the Settling Defendants
ultimately appeal to the Court to resolve the dispute, the Court
shall determine which paragraph is applicable in accordance with
the standard of applicability set forth in Paragraphs 65 and 66.
65. Formal dispute resolution for disputes pertaining to
the selection or adequacy of any response action and all other
disputes that are accorded review on the administrative record
under applicable principles of administrative law shall be
conducted pursuant to the procedures set forth in this Paragraph.
For purposes of this Paragraph, the adequacy of any response
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action includes, without limitation: (I) the adequacy or
appropriateness of plans, procedures to implement plans, or any
other items requiring approval by EPA under this Consent Decree;
and (2) the adequacy of the performance of response actions taken
pursuant to this Consent Decree. Nothing in this Consent Decree
shall be construed to allow any dispute by Settling Defendants
regarding the validity of the ROD'S provisions.
a. An administrative record of the dispute shall be
maintained by EPA and shall contain all statements of position,
including supporting documentation, submitted pursuant to this
Section. Where appropriate, EPA may allow submission of
supplemental statements of position by the parties to the
dispute.
b. The Director of the Superfund Division, EPA Region
V, will issue a final administrative decision resolving the
dispute based on the administrative record described in Paragraph
65.a. This decision shall be binding upon the Settling
Defendants, subject only to the right to seek judicial review
pursuant to Paragraph 6B.C. and 65.d.
c. Any administrative decision made by EPA pursuant
to Paragraph 65.b. shall be reviewable by this Court, provided
that a motion for judicial review is filed by the Settling
Defendants with the Court and served on all Parties within 10
days of receipt of EPA's decision. The motion shall include a
description of the matter in dispute, the efforts made by the
parties to resolve it, the relief requested, and the schedule, if
any, within which the dispute must be resolved to ensure orderly
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implementation of this Consent Decree. The United States may
file a response to Settling Defendants' motion.
d. In proceedings on any dispute governed by this
Paragraph, the Settling Defendant or Defendants shall have the
burden of demonstrating that the decision of the Superfund
Division Director is arbitrary and capricious or otherwise not in
accordance with law. Judicial review of EPA's decision shall be
on the administrative record compiled pursuant to Paragraph 65.a.
66. Formal dispute resolution for disputes that neither
pertain to the selection or adequacy of any response action nor
are otherwise accorded review on the administrative record under
applicable principles of administrative law, shall be governed by
this Paragraph.
a. Following receipt of Settling Defendants Statement
of Position submitted pursuant to Paragraph 64, the Director of
the Superfund Division, EPA Region V, will issue a final decision
resolving the dispute. The Superfund Division Director's
decision shall be binding on the Settling Defendants unless,
within 10 days of receipt of the decision, the Settling
Defendants file with the Court and serve on the United States a
motion for judicial review setting forth the matter in dispute,
the efforts made by the parties to resolve it, the relief
requested, and the schedule, if any, within which the dispute
must be resolved to ensure orderly implementation of the Consent
Decree. The United States may file a response to such a motion.
b. Notwithstanding Paragraph N of Section I
(Background) of this Consent Decree, judicial review of any
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dispute governed by this Paragraph shall be governed by
applicable principles of law.
67. The invocation of formal dispute resolution procedures
under this Section shall not extend, postpone or affect in any
way any obligation of the Settling Defendants under this Consent
Decree not directly in dispute, unless EPA agrees or the Court
orders otherwise. Stipulated penalties with respect to the
disputed matter shall continue to accrue but payment shall be
stayed pending resolution of the dispute as provided in Paragraph
76. Notwithstanding the stay of payment, stipulated penalties
shall accrue from the first day of noncompliance with any
applicable provision of this Consent Decree. In the event that
the Settling Defendants do not prevail on the disputed issue,
stipulated penalties shall be assessed and paid as provided in
Section XX (Stipulated Penalties) .
XX. STIPULATED PENALTIES
68. Settling Defendants shall be liable for stipulated
penalties in the amounts set forth in Paragraphs 69 through 71 to
the United States for failure to comply with the requirements of
this Consent Decree specified below, unless excused under Section
XVIII (Force Majeure). "Compliance" by Settling Defendants shall
include completion of the activities under this Consent Decree or
any work plan or other plan approved under this Consent Decree
identified below in accordance with all applicable requirements
of law, this Consent Decree, the SOW, and any plans or other
document approved by EPA pursuant to this Consent Decree and
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within the specified time schedules established by and approved
under this Consent Decree.
69. a. The following stipulated penalties shall accrue
per violation per day for any noncompliance identified in
Subparagraph b:
Penalty Per ViolationPer Day Period of NoncompliancQ
$ 500 Days 1-7$ 1,000 Days 8-30$ 2,000 Days 31+
b. Failure to meet the following compliance
milestones for activities, which are set forth in Task VII,
Remedial Action, Compliance Schedule in the SOW, shall subject
Settling Defendants to the stipulated penalties established in
Subparagraph a:
Draft RA Work PlanFinal RA Work PlanDraft Construction Quality Assurance PlanFinal Construction Quality Assurance PlanInitiate Construction of RACompletion of ConstructionPrefinal Completion of Construction InspectionPrefinal Completion of Construction Report
70. a. The following stipulated penalties shall accrue
per violation per day for any noncompliance identified in
Subparagraph b:
Penalty Per ViolationPer Day Period of Noncompliance$ 250 Days 1-7$ 500 Days 8-30$ 1,000 Days 31+
b. Failure to meet the following compliance
milestones for activities, which are set forth in Task VII,
Remedial Action, Compliance Schedule in the SOW, shall subject
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Settling Defendants to the stipulated penalties established in
Subparagraph a:
Draft Quality Assurance Project PlansFinal Quality Assurance Project PlansHold Pre-Construction MeetingFinal O&M PlanFinal Completion of Construction ReportPre-Final Remedial Action InspectionPre-Final Remedial Action Inspection ReportFinal Inspection of the RACompletion of Final RA ReportFinal Completion of the Work Report
71. The following stipulated penalties shall be payable per
violation per day to the United States for failure to make
payments when due or failure to submit timely or adequate monthly
progress reports or other written documents pursuant to
Paragraphs 28 and 32 of this Consent Decree:
Penalty Per ViolationPer Day Period of Noncompliance
$ 250 Days 1-7$ 500 Days 8-30$1,000 Days 31+
72. All penalties shall begin to accrue on the day after
the complete performance is due or the day a violation occurs,
and shall continue to accrue through the final day of the
correction of the noncompliance or completion of the activity.
However, stipulated penalties shall not accrue: (1) with respect
to a deficient submission under Section XI (EPA Approval of Plans
and Other Submissions), during the period, if any, beginning on
the 10th day after EPA's receipt of such submission until the
date that EPA notifies Settling Defendants of any deficiency; (2)
with respect to a decision by the Director of the Superfund
Division, EPA Region V, under Paragraph 65.b. or 66.a. of Section
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XIX (Dispute Resolution), during the period, if any, beginning on
the 10th day after the date that Settling Defendants' reply to
EPA'3 Statement of Position is received until the date that the
Director issues a final decision regarding such dispute,- or (3)
with respect to judicial review by this Court of any dispute
under Section XIX (Dispute Resolution), during the period, if
any, beginning on the 10th day after the Court's receipt of a
motion to resolve the dispute until the date that the Court
issues a final decision regarding such dispute. Nothing herein
shall prevent the simultaneous accrual of separate penalties for
separate violations of this Consent Decree.
73. Following EPA's determination that Settling Defendants
have failed to comply with a requirement of this Consent Decree,
EPA may give Settling Defendants written notification of the same
and describe the noncompliance. EPA may send the Settling
Defendants a written demand for the payment of the penalties.
However, penalties shall accrue as provided in the preceding
Paragraph regardless of whether EPA has notified the Settling
Defendants of a violation.
74. All penalties accruing under this Section shall be due
and payable to the United States within 30 days of the Settling
Defendants' receipt from EPA of a demand for payment of the
penalties, unless Settling Defendants invoke the Dispute
Resolution procedures under Section XIX (Dispute Resolution).
All payments to the United States under this Section shall be
paid by certified or cashier's check(s) made payable to "EPA
Hazardous Substances Superfund," shall be mailed to U.S.
addressed in this Consent Decree. "Matters addressed in this
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Consent Decree" are all response actions taken or to be taken and
all response costs, including but not limited to Past Response
Costs and Future Response Costs, incurred or to be incurred with
respect to the Site, subject to those reservations contained in
Paragraphs 80, 81, and 84.
92. The Settling Defendants and Landowner agree that with
respect to any suit or claim for contribution brought by them for
matters related to this Consent Decree they will notify the
United States in writing no later than 60 days prior to the
initiation of such suit or claim.
93. The Settling Defendants and Landowner also agree that
with respect to any suit or claim for contribution brought
against them for matters related to this Consent Decree they will
notify in writing the United States within 10 days of service of
the complaint on them. In addition, Settling Defendants and
Landowner shall notify the United States within 10 days of
service or receipt of any Motion for Summary Judgment and within
10 days of receipt of any order from a court setting a case for
trial.
94. In any subsequent administrative or judicial proceeding
initiated by the United States for injunctive relief, recovery of
response costs, or other appropriate relief relating to the Site,
Settling Defendants and Landowner shall not assert, and may not
maintain, any defense/or claim based upon the principles of
waiver, res judicata. collateral estoppel, issue preclusion,
claim-splitting, or other defenses based upon any contention that
the claims raised by the United States in the subsequent
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proceeding were or should have been brought in the instant case;
provided, however, that nothing in this Paragraph affects the
enforceability of the covenants not to sue set forth in Section
XXI (Covenants Not to Sue by Plaintiff).
XXIV. ACCESS TO INFORMATION
95. Settling Defendants shall provide to EPA, upon request,
copies of all documents and information within their possession
or control or that of their contractors or agents relating to
activities at the Site or to the implementation of this Consent
Decree, including, but not limited to, sampling, analysis, chain
of custody records, manifests, trucking logs, receipts, reports,
sample traffic routing, correspondence, or other documents or
information related to the Work. Settling Defendants shall also
make available to EPA, for purposes of investigation, information
gathering, or testimony, their employees, agents, or
representatives with knowledge of relevant facts concerning the
performance of the Work.
96. a. Settling Defendants may assert business
confidentiality claims covering part or all of the documents or
information submitted to Plaintiff under this Consent Decree to
the extent permitted by and in accordance with Section 104 (e) (7)
of CERCLA, 42 U.S.C. § 9604 (e) (7) , and 40 C.F.R. § 2.203(b) .
Documents or information determined to be confidential by EPA
will be afforded the protection specified in 40 C.F.R. Part 2,
Subpart B. If no claim of confidentiality accompanies documents
or information when they are submitted to EPA, or if EPA has
notified Settling Defendants that the documents or information
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are not confidential under the standards of Section 104 (e) (7) of
CERCLA, the public may be given access to such documents or
information without further notice to Settling Defendants.
b. The Settling Defendants may assert that certain
documents, records and other information are privileged under the
attorney-client privilege or any other privilege recognized by
federal law. If the Settling Defendants assert such a privilege
in lieu of providing documents, they shall provide the Plaintiff
with the following: (1) the title of the document, record, or
information; (2) the date of the document, record, or
information; (3) the name and title of the author of the
document, record, or information; (4) the name and title of each
addressee and recipient; (5) a description of the contents of the
document, record, or information: and (6) the privilege asserted
by Settling Defendants. However, no documents, reports or other
information created or generated pursuant to the requirements of
the Consent Decree shall be withheld on the grounds that they are
privileged.
97. No claim of confidentiality shall be made with respect
to any data, including, but not limited to, all sampling,
analytical, monitoring, hydrogeologic, scientific, chemical, or
engineering data, or any portions of any other documents or
information, evidencing conditions at or around the Site.
XXV. RETENTION OF RECORDS
98. Until 10 years after the Settling Defendants' receipt
of EPA's notification pursuant to Paragraph 48.b. of Section XIV
(Certification of Completion of the Work), each Settling
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Defendant and Landowner shall preserve and retain all records and
documents now in its possession or control or which come into its
possession or control that relate in any manner to the
performance of the Work or liability of any person for response
actions conducted and to be conducted at the Site, regardless of
any corporate retention policy to the contrary. Until 10 years
after the Settling Defendants' receipt of EPA's notification
pursuant to Paragraph 48.b. of Section XIV (Certification of
Completion), Settling Defendants shall also instruct their
contractors and agents to preserve all documents, records, and
information of whatever kind, nature or description relating to
the performance of the Work.
99. At the conclusion of this document retention period,
Settling Defendants shall notify the United States at least 90
days prior to the destruction of any such records or documents,
and, upon request by the United States, Settling Defendants shall
deliver any such records or documents to EPA. The Settling
Defendants may assert that certain documents, records and other
information are privileged under the attorney-client privilege or
any other privilege recognized by federal law. If the Settling
Defendants assert such a privilege, they shall provide the
Plaintiff with the following: (1) the title of the document,
record, or information; (2) the date of the document, record, or
information; (3) the name and title of the author of the
document, record, or information; (4) the name and title of each
addressee and recipient; (5) a description of the subject of the
document, record, or information: and (6) the privilege asserted
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by Settling Defendants. However, no documents, reports or other
information created or generated pursuant to the requirements of
the Consent Decree shall be withheld on the grounds that they are
privileged.
100. Each Settling Defendant hereby certifies, individually,
that, to the best of its knowledge and belief, after thorough
inquiry, it has not altered, mutilated, discarded, destroyed or
otherwise disposed of any records, documents or other information
relating to its potential liability regarding the Site since
notification of potential liability by the United States or the
filing of suit against it regarding the Site and that it has
fully complied with any and all EPA requests for information
pursuant to Section 104(e) and 122(e) of CERCLA and Section 3007
of RCRA.
XXVI. NOTICES AND SUBMISSIONS
101. Whenever, under the terms of this Consent Decree,
written notice is required to be given or a report or other
document is required to be sent by one party to another, it shall
be directed to the individuals at the addresses specified below,
unless those individuals or their successors give notice of a
change to the other parties in writing. All notices and
submissions shall be considered effective upon receipt, unless
otherwise provided. Written notice as specified herein shall
constitute complete satisfaction of any written notice
requirement of the Consent Decree with respect to the United
States, EPA, and the Settling Defendants, respectively.
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As to the United States:
If by U.S. Postal Service:
ChiefEnvironmental Enforcement SectionEnvironment and Natural ResourcesDivisionU.S. Department of JusticeP.O. Box 7611Ben Franklin StationWashington, D.C. 20044Re: DJ # 90-11-3-856
If by any other means:
ChiefEnvironmental Enforcement SectionEnvironment and Natural ResourcesDivisionU.S. Department of Justice1425 New York Avenue, Room 13703Washington, D.C. 20005Re: DJ # 90-11-3-856
Director, Superfund DivisionUnited States Environmental Protection AgencyRegion V77 West JacksonChicago, Illinois 60603
As to the State of Ohio:
State Project CoordinatorOhio EPASoutheast District Office-SEDO2195 Front StreetLogan, Ohio 43138-9031
Aa to American Home Products Corp.:
Steven A. TasherVice President, Environmental AffairsAmerican Home Products Corporation5 Giralda FarmsMadison, NJ 07940-0874
John P. DeanWillkie Farr & GallagherThree Lafayette Centre1155 21st Street, NWWashington, DC 20036-3302
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As to Gould Electronics Inc.:
Michael VeyseySenior Vice President and General CounselGould Electronics Inc.35129 Curtis Blvd.Eastlake, OH 44095-4001
As to T&N Industries Inc.. A.E.Clevite Inc.. GlacierVandervell Inc.. and The Pullman Company:
General CounselTtN Industries Inc.777 East Eisenhower Parkway, Suite 600Ann Arbor, MI 48108-3388
As to Saltire Industrial. Inc.:
Mr. Charles PerryHunton & WilliamsNationsBank Plaza, Suite 4100600 Peachtree Street, N.E.Atlanta , GA 30308-2216
As to Westinghouse Electric Corp.:
Mr. Roger E. WillsAssistant General CounselWestinghouse Electric CorporationWestinghouse Building11 StanwixPittsburgh, PA 15222
XXVII. EFFECTIVE DATE
102. The effective date of this Consent Decree shall be the
date upon which this Consent Decree is entered by the Court.
XXVIII. RETENTION OF JURISDICTION
103. This Court retains jurisdiction over both the subject
matter of this Consent Decree and the Parties for the duration of
the performance of the terms and provisions of this Consent
Decree for the purpose of enabling any of the Parties to apply to
the Court at any time for such further order, direction, and
relief as may be necessary or appropriate for the construction or
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modification of this Consent Decree, or to effectuate or enforce
compliance with its terms, or to resolve disputes in accordance
with Section XIX (Dispute Resolution) hereof.
XXIX. APPENDICES
104. The following appendices are attached to and
incorporated into this Consent Decree:
"Appendix A" is the Declaration of the ROD.
"Appendix B" is the BSD.
"Appendix C" is the SOW.
"Appendix D" is the description and/or map of the Site.
"Appendix E" is the legal property description for the
property owned by Landowner.
"Appendix F" is the deed restrictions and restrictive
covenants for the property owned by Landowner.
XXX. COMMUNITY RELATIONS
105. Settling Defendants shall propose to EPA their
participation in the community relations support program to be
developed by EPA. EPA will determine the appropriate role for
the Settling Defendants under the support program. Settling
Defendants shall also cooperate with EPA in providing information
regarding the Work to the public. As requested by EPA, Settling
Defendants shall participate in the preparation of such
information for dissemination to the public and in public
meetings which may be held or sponsored by EPA to explain
activities at or relating to the Site.
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XXXI. MODIFICATION
106. Schedules specified in this Consent Decree for
completion of the Work may be modified by agreement of EPA and
the Settling Defendants. All such modifications shall be made in
writing.
107. Except as provided in Paragraph 14 ("Modification of
the SOW or related Work Plans") , no material modifications shall
be made to the SOW without written notification to and written
approval of the United States, Settling Defendants, and the
Court. Prior to providing its approval to any modification, the
United States will provide the State with a reasonable
opportunity to review and comment on the proposed modification.
Modifications to the SOW that do not materially alter that
document may be made by written agreement between EPA, after
providing the State with a reasonable opportunity to review and
comment on the proposed modification, and the Settling
Defendants.
108. Nothing in this Decree shall be deemed to alter the
Court's power to enforce, supervise or approve modifications to
this Consent Decree.
XXXII. LODGING AND OPPORTUNITY FOR PUBLIC COMMENT
109. This Consent Decree shall be lodged with the Court for
a period of not less than thirty (30) days for public notice and
comment in accordance with Section 122(d){2) of CERCLA, 42 U.S.C.
§ 9622(d)(2), and 28 C.F.R. § 50.7. The United States reserves
the right to withdraw or withhold its consent if the comments
regarding the Consent Decree disclose facts or considerations
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which indicate that the Consent Decree is inappropriate,
improper, or inadequate. Settling Defendants consent to the
entry of this Consent Decree without further notice.
110. If for any reason the Court should decline to approve
this Consent Decree in the form presented, this agreement is
voidable at the sole discretion of any party and the terms of the
agreement may not be used as evidence in any litigation between
the Parties.
XXXIII. SIGNATORIES/SERVICE
111. Each undersigned representative of a Settling Defendant
to this Consent Decree and the Assistant Attorney General for
Environment and Natural Resources of the Department of Justice
certifies that he or she is fully authorized to enter into the
terms and conditions of this Consent Decree and to execute and
legally bind such Party to this document.
112. Each Settling Defendant and Landowner hereby agrees not
to oppose entry of this Consent Decree by this Court or to
challenge any provision of this Consent Decree unless the United
States has notified the Settling Defendants in writing that it no
longer supports entry of the Consent Decree.
113. Each Settling Defendant and Landowner shall identify,
on the attached signature page, the name, address and telephone
number of an agent who is authorized to accept service of process
by mail on behalf of that Party with respect to all matters
arising under or relating to this Consent Decree. Settling
Defendants and Landowner hereby agree to accept service in that
manner and to waive the formal service requirements set forth in
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us
Rule 4 of che Federal Rules oC Civil Procadur* and any applicable
local rulee of ehia Court, including, but r.oc limited to,
of a cuinaona .T f. i
SO 01DBOZD THIS eJL jtK DW OF
Unit«d\States Diatricc Judge
THE UNDK15IGVZD PAJITIES enter into thia Conaent Decree in the
Of
«.!., relating to the Fultc Landfill Superfund Site.
TBI imnau STATES or AMBUCA
Date:Loir j. SCBZPTBRAjieifltaat Ateazney Generaltavirenmenc. mad Natural a»aourc«OiviaioaU.S. Department of Justice
, O.C. 20S30
Date:D. SUtTS
Trial XtcomeyaBnvixoaaental Enforcement sectionEovironMixc. and natural Resource*DivisionU.S. Department of Justice9.O. Box 7S1X. Ben FraaXlin stationwaahington, D.c. 20044(202)
-79-
DALE ANN GOLDBERGUr.iced States AttorneySouthern District of Chic
CHARLESAssistant United States AttorneySouthern District of OhioU.S. Department of Justice20080 North High Street4th FloorColumbus, Ohio 43215(614) 469-5715
THOMASytf. TURNERAssistant Regional CounselUnited States EnvironmentalProtection Agency
Region V77 west Jacfcson Blvd (CA-29A)Chicago, IL 60604-3590
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APPENDIX A:
Declaration for the Record of Decision
Site N««e *nd Location
Fultz LandfillByesville, Ohio
Statement of Basis and Purpose
This decision document presents the selected remedial action for the FultzLandfill site, in Byesville, Ohio, which was chosen in accordance with therequirements of the Comprehensive Environmental Response, Compensation, andLiability Act of 1980 (CERCLA), as amended by the Superfund Amendments andReauthoriration Act of 1986 (SARA) and, to the extent practicable, theNational Oil and Hazardous Substances Pollution Contingency Plan (NCP). Thisdecision document explains the factual and legal basis for selecting the remedyfor this site. This decision document is based on the administrative recordfor this site.
The Ohio Environmental Protection Agency (OEPA) concurs with the selectedremedy. The information supporting this remedial action decision is containedin the administrative record for this site.
Assessment of the Site
Actual or threatened releases of hazardous substances from this site, if notaddressed by implementing the response action selected in this Record ofDecision (ROD), may present an imminent and substantial endangerment to publichealth, welfare, or the environment.
Description of the Selected Remedy
The selected remedial action for the Fultz Landfill site addresses the sourceof contamination by containing the landfill contents and treating contaminatedgroundwater and leachate. This is the first and final remedy for the FultzLandfill site. The major components of the selected remedial action include:
• Institutional controls will be. sought to reduce exposure to sitecontaminants through legal restrictions. In the event that institutionalcontrols are not implemented, the selected remedial action will be re-evaluated to determine if additional actions should be implemented toensure that the remedy is permanent and effective on a long term basis.
• Site fence approximately 10,000 feet in length, to reduce direct exposureto surface contamination.
• Alternate water supply for downgradient residential wells if found topresent an unacceptable risk, attributed to the site.
• Long term monitoring of air, surface and ground water, leachate, andsediments.
• Subsurface structural supports for mine voids, to prevent cap damage bysubsidence, and reduce bedrock fracturing between the landfill and coalmine aquifer.
• Surface water and sediment controls to eliminate standing water anddivert runoff away from the landfill.
• Berm and multi-layer cap to reduce infiltration, prevent erosion, andreduce human and environmental health risks from direct contact withcontaminated materials.
Leachate collection system to reduce the principal risk oy removingleachate, wr.ich is currently flowing from the landfill at approximately 2gallon* per xinute <G?M).
Extraction well system to reduce the principal risk by interceptingcontaminated groundwater migrating from the landfill through -.he shallowaquifer and into the coal mine aquifer.
On-site water treatment system to economically treat six million gallonsof contaminated groundwater which is currently being produced annually,and leachate. It will be most cost effective to treat leachate in thesame system used to treat groundwater, rather than haul it off-site.
Discharge of treated water to surface water will be in accordance withsubstantive requirements of a National Pollutant Discharge EliminationSystem (NPDES) permit.
Wetlands replacement plan which will restore the ponds and surroundinghabitat disturbed during remedial action activities.
Declaration of Statutory Determinations
The selected remedy is protective of human health and the environment, complieswith Federal and State requirements that are legally applicable or relevant andappropriate to the remedial action, and is cost-effective. This remedyutilizes permanent solutions and alternative treatment (or resource recovery)technologies to the maximum extent practicable, and it satisfies the statutorypreference for remedies that employ treatment that reduce toxicity, mobility,or volume as their principal element.
Because this remedy* will result in hazardous substances remaining on site abovehealth-based levels, a review will be conducted within five years aftercommencement of remedial action to ensure that the remedy continues to provideadequate protection of human health and the environment.
AdamJcus Dateegional Administrator
APPENDIX B: EXPLANATION OF SIGNIFICANT DIFFERENCES
UNITED STATES ENVIRONMENTAL PROTECTION AGENCYREGION V
DATE:
SUBJECT:
FROM:
TO:
MAY 1S 199JRequest for Concurrence on the Explanation ofSignificant Differences for the Remedial Action at theFultz Landfill Superfund Site, Byesville, Ohio
Thomas Bloom, Remedial Project Manager/it-' Waste Management Division
Thomas Turner, Assistant Regional Counsel'}' (Office of Regional Counsel
Jodi L. Traub, Assoc. DirectorOffice of Superfund
T. Leverett Nelson, ChiefSWERB Brach
By this memorandum we are recommending that you authorize thechange in the remedial action at the Fultz landfill site byexecuting the attached Explanation of Significant Differences(BSD).
This ESD was prepared in accordance with Section 117(c) of theComprehensive Environmental Response, Compensation, and LiabilityAct of 1980, as amended (CERCLA), Section 300.435(c)(2)(i) of theNational Contingency Plan, and OSWER Directive 9355.3-02 (InterimFinal Guidance on Preparing Superfund Decision Documents). U.S.EPA has determined that the changes made to the remedy constitutea significant change to the remedy selected in the 1991 Record ofDecision. We have reviewed the attached documents and haveconcluded that the ESD is both legally and technicallysufficient. As such, we believe that the implementation of theremedial measure is a proper exercise of your delegatedauthority.
Please feel free to contact either of us with any questionsregarding the ESD for the Fultz Landfill site.
Concur D Not Concur Concur D Not Concur
JcAssoc.Office of Superfund
T. LeverettActing Chi
"e'lson /; DATE
SWERB Branch
EXPLANATION OF SIGNIFICANT DIFFERENCESFULTZ LANDFILLBY13VILLI, OHIO
INTRODUCTIOM
The Fultz Landfill site is in Guernsey County approximately one-half milenortheast of Byesville, Ohio. The Fultz Landfill site (site) is a privately-owned sanitary landfill where hazardous industrial wastes were co-disposedwith municipal waste. On September 30, 1991, the Regional Administrator ofthe U.S. Environmental Protection Agency (EPA) signed the Record of Decision(ROD) for the site. The remedy selected for the site was based on theRemedial Investigation (RI) and Feasibility Study (PS) completed in June 1991.The Ohio Environmental Protection Agency (OBPA) concurred with the remedyselected and supports the Explanation of Significant Differences for the FultzLandfill site.
Due to results generated from Remedial Design (RD) studies and field testingrequired to design the Remedial Action (RA), two components listed in the RODare not necessary. These components are the subsurface structural supportsfor mine voids and the on-site water treatment system. Therefore, pursuant tothe Comprehensive, Environmental Response, Compensation, Liability Act(CERCLA) section 117(c) and the National Contingency Plan (NCP) section300.435(c) (2)(i), the U.S. EPA is publishing this Explanation of SignificantDifferences (ESD). This BSD will become part of the Fultz LandfillAdministrative Record (NCP 300.825(a)(2)), which is available for review atthe Cambridge Public Library located in Cambridge, Ohio. The information usedin U.S. EPA's assessment is currently available at the above repository.
SUMMARY OF 8ITS HISTORY, COHTAMIKATZOM, AMD SELECTED REMEDY
The 22-acre landfill was first licensed by the Guernsey County District Boardof Health in 1969, at which time the landfill was permitted to accepthousehold, commercial and industrial solid waste. During the 1970's and early1980's the operator was cited for inadequate daily cover of waste, opendumping, receiving unauthorized waste, leachate runoff and blowing debris.Reports submitted by generators indicate that plating sludges were sent to theFultz Landfill site during the period 1971 to 1981, and that the followingRCRA hazardous wastes were sent to the Fultz Landfill site during the period1969 to 1980:
The types of chemicals and compounds associated with the above hazardouswastes generally include hazardous metals, cyanide, chlorinated and non-chlorinated organic solvents, and phthalates.
Remedial action components of the selected remedy include the following:
• institutional controls will be sought to reduce exposure to sitecontaminants through legal restrictions.
• A site fence will be constructed to restrict access and reducedirect exposure to surface contamination.
• An alternate water supply for downgradient residents will beestablished if the site is found to present an unacceptable risk.
• Multi-media monitoring will be done on a long-term basis.
• Subsurface structural supports for mine voids will be installed toprevent cap damage by subsidence, and to reduce bedrock fracturingbetween the landfill and coal mine aquifer.
• A berm and multilayer cap will be constructed to reduceinfiltration, prevent erosion, and reduce risk to human health andthe environment from direct contact with contaminated materials.
• A leachate collection system will be constructed to reduce theprincipal risk by removing leachate.
• An extraction well system will be constructed to reduce theprincipal risk by intercepting contaminated groundwater migratingfro* the landfill through the shallow aquifer and into the coalmine aquifer.
• An on-site water treatment system will be constructed toeconomically treat contaminated groundwater and leachate.
• Treated water that is discharged to surface water will be inaccordance with substantive requirements of a National PollutantDischarge Elimination System (NPDES) permit.
• A wetlands replacement plan will be implemented to restore theponds and surrounding habitat that are disturbed during RAactivities.
In April 1993. O.S. EPA'a contractor initiated RD studies and field testing toobtain data required to design the RA. Results of the RD studies and fieldtesting are summarized and the rationale for exclusion of two RA componentsfrom those described in the ROD is explained in this BSD.
DI8CRIPTIOH OF TKI SIGHIFICAIIT DXFFTODfCIS AMD THK BASIS FOX THOSE DXFFKRJtHCIS
RD studies and field testing activities consisted of a topographic mapping andboundary survey, a landfill limits survey, a depth of waste and bedrocksurvey, mine void test borings (MVTB) , test borings through the landfill,landfill gas migration measurement, groundwater monitoring, aquifer testing,and borrow area testing. The RD studies and field testing mentioned, aboveyielded the following results that permit the elimination of two componentslisted above:
• The coal mine underlying the southern portions of the landfill isflooded to the mine roof level. The coal mine is overlain by a• —.i. of 40 to SO feet (ft) of bedrock, and the bedrock has fewopen fractures (see Figure 1).
• The landfill waste varies in thickness from S ft in the northernportion to 40 ft in the central portion of the site. A silty claymaterial varying from 10 to 20 ft thick immediately underlies thewaste in portions of the site.
• The groundwater and leachate concentrations have decreased sincethe end of the RI. Only chlorobenzene and ethylbenzene weredetected in the leachate at concentrations of 84 and 16 parts perbillion (ppb), respectively. Vinyl chloride was found in the coal
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•nine aquifer at concentrations varying from 6 ppb to 19 ppb. Allorganic and inorganic compounds were below water quality basedeffluent limits (WQBELs) for the site.
• The pumping test effluent was accepted by the wastewater treatmentplant that is located in Concord, Ohio, and is operated by KinderEnvironmental Services (Kinder). Kinder also operates thewastewater treatment plane located in Byesville, Ohio.
• The wetlands surrounding the site will not be disturbed during theRA; hence, the controlling federal law and regulations are notrelevant or applicable in this matter and wetland replacement willnot be necessary.
Based on the RD investigations, the following significant differences to theFultz Landfill RA are proposed:
• Deleting subsurface structural support for the mine voids
• Deleting the on-site water treatment system
I. RATIONALE FOR NOT INSTALLING SUBSURFACE STRUCTURAL SUPPORTS
The findings from RD studies and field testing were used to determine theexpected type and amount of surface subsidence, and the potential impact ofthis subsidence on the landfill cap and bedrock fracturing between thelandfill and coal mine aquifer. The field testing shows the following:
• Subsidence has not occurred over the coal mine.
• The pillars have not deteriorated and offer substantial support tothe overburden materials.
• The bedrock overlying the coal mine is approximately 50 ft thick,and the bedrock has few open fractures.
• Trough subsidence will occur in the future and will not inducedamaging differential settling of the cap components.
• Trough subsidence cannot b« prevented if materials are introducedinto the flooded coal mine.
1. TYPE AMD AMOUNT OF SUBSIDWC1
Past experience with subsidence over room-and-pillar mines in Ohio andPennsylvania allows the type and amount of subsidence at the Fultz site to bepredicted. Sinkhole subsidence occurs when the overburden thickness is lessthan five tines the thickness of the underlying coal sea». Trough subsidenceoccurs when the overburden thickness varies from five to greater than 10 timesthe thickness of the underlying coal seam. Subsidence near long, entrypillars similar to those underlying the central portion of the landfill isnegligible.
The thickness of the overburden overlying the mine is 16 to 18 times the 5-ftthickness of the coal seam. This overburden thickness and the condition ofthe pillars indicates that trough subsidence is likely over southern portionsof the landfill. Subsidence analysis indicates that the maximum amount ofsubsidence from the coal mine voids is expected to be 2.S ft. Troughsubsidence is usually seen over large distances (that is, several tens tohundreds of feet), and differential settlement from such subsidence is
i n s ign i f i can t .
2. IMPACTS OP SUBSIDING! ON CAP COMPONENTS
The landfill cap consists of « 1-foot-thick gaa collection layer, *geocomposite clay liner (GCL), a very low density polyethylene (VLDPE)membrane, a geonet, and a 2.5-feet-thick select fill and topsoil layer. Thesecap components will not be affected by 2.5 ft of trough subsidence because theGCL and VLDPB can tolerate a large amount of elongation prior to beingruptured. The other natural materials will move in a relatively uniformmanner with surface subsidence. Telescopic casings will be used for gas ventsand groundwater extraction wells to prevent adverse impacts from subsidence.
3. IMPACTS OP SUBSXDSMC* OM BEDROCK PRACTORIMO AMD OROOMDNATKR PLOW
The bedrock has a few open cracks, but these are not continuous over severalfeet. Therefore, contaminated groundwater in the shallow aquifer will notreach the coal mine aquifer via bedrock fractures, in addition to bedrockfractures, the contaminated water in the shallow aquifer will reach the coalmine aquifer only if a driving head is present. This head, which is about 20ft at present, will be reduced to less than 5 ft by pumping water from theshallow aquifer. Hater will not be withdrawn from the coal mine aquifer.Hence, subsidence-induced fracturing is not likely to act as a pathway forcontaminated water to travel to the coal mine aquifer.
II. RATIONAL** POR NOT INSTALLING AM OM-8XTB NATXR TRXATMEMT PLANT
HQBELs provided by the Ohio Environmental Protection Agency (OBPA) were usedas the criteria for determining the need for an on-site treatment plant.
The RD investigations indicate that the bedrock surface slopes downward towardthe north (see Figure 2), indicating that contaminated water in the shallowaquifer can be extracted with wells located in the northern portion of thelandfill due to the relatively impermeable bedrock and its slope. Theproposed location of four extraction wells in this portion of the landfill isshown in Figure 2.
The aquifer tests indicate that the. constant discharge pumping rate for wellsin the shallow aquifer ranges from 2 to 5 gpm and that the radius of influenceof a well is about ISO to 200 ft. Hence, the design criteria for theextraction system are as follows:
• Because the bedrock surface slopes downward to the north, theaccumulation of water in the shallow aquifer in the southernportion of the site will flow to the northern portions of thelandfill. Therefor*, four wells will be located in the northernportion of the landfill to extract water fro* the shallow aquifer.
• The pumping wells will be drilled to the top of the bedrocksurface and screened through at least the bottom 10 ft of landfillwaste and mine spoils overlying the bedrock.
• The pumping level will be approximately 5 ft above the existingcoal mine aquifer elevation to prevent water from this aquiferfrom being withdrawn.
• Well level controls will shut pumps off when the water elevationfalls below the elevation equal to 5 ft above the coal mineaquifer. This elevation will be determined based on the meanseasonal elevation of the coal mine aquifer water level.
The pumping rate from the wells is expected to be approximately 10 gpm. The
pumping rate from ch« wells is expected co decrease after the infiltrationinto the shallow aquifer is minimized by cap construction. Because the pumptest effluent met the WQBELs, the on-site treatment plant is not necessary.The pumped water will be stored in two storage tanks, and will be sampled, andthen discharged to Wills Creek if the WQBELs are met. If it does not meet theWQBELs. the wastewater treatment plant in Byesville, Ohio, will be contactedfor off-site treatment and disposal.
The leachate fro* the site will be collected in two sumps located in thenorthern portion of the landfill. The amount of leachate generated isexpected to be minimal after the cap is constructed. The leachate will bepumped into storage tanks, will be sampled, and then discharged to Mills Creekif the WQBELs are met. If the leachate does not meet the HQBSLs, it will bedisposed of at an off-site treatment plant.
CONCLUIXOM
The predesign investigations at the Fultz landfill site provided valuable dataon the subsurface condition* and groundwater characteristics. Based on thisdata, the design of the remedy includes two significant changes from the ROD.These changes in the selected remedy have significantly reduced capital costsof the remedy. U.S. EPA'a contractor completed the RD and the U.S. Army Corpsof Engineers (COB) and OEPA reviewed the RO. The significant differences fromthe ROD include elimination of the subsurface structural supports for minevoids and elimination of the need for on-site treatment of groundwater andleachate. The design of the multilayer cap adequately accommodates therelatively uniform surface subsidence that is expected from the mine voids.Groundwater and leachate concentrations have decreased allowing for exclusionof the on-site treatment component of the selected remedy.
SUPPORT AOKMCT COMMBIT8
The State of Ohio concurs with this ESD.
APPXRMATXOIf OP THB STATUTORY DBTBRMXMATXONS
Based on information generated from RD studies and field testing during the ROfor the site, changes have been made to the remedy selected in the ROD. U.S.EPA and OEPA believe that the remedy remain* protective of human health andthe environment and complies with Federal and State requirements that areapplicable or relevant and appropriate to this remedial action. The revisedremedy utilizes permanent solutions and alternate treatment technologies tothe maximum extent practicable for the Fultz Landfill site and is costeffective.
PUBLIC PAXTXCXPATXOM ACTXVITXBS
A notice has been issued explaining that the BSD has been incorporated in theAdministrative Record for the site which is located at the public library inCambridge, Ohio. A public information meeting is scheduled for June 1995, inByesville, Ohio, to explain the significant changes to the selected remedy.
APPENDIX C:SCOPE OF WORK FOR REMEDIAL ACTION
FULTZ LANDFILL SITEBYESVILLE,
GUERNSEY COUNTY, OHIO
I. PURPOSE
The purpose of this Scope of Work (SOW) for the Fultz LandfillSite is to fully implement the Remedial Action (RA), as set forthin the Record of Decision (ROD) which was signed by the RegionalAdministrator of the United States Environmental ProtectionAgency (U.S. EPA) on September 30, 1991, and modified by theExplanation of Significant Differences (BSD), on May 19, 1995.This SOW is attached as Appendix C to a Consent Decree (CD)between American Home Products Corporation, A.E. Clevite, Inc.,Glacier Vandervell, Inc., Gould Electronics, Inc., T&NIndustries, Inc., The Pullman Company, Saltire Industrial, Inc.(formerly Scovill, Inc.) and Westinghouse Electric Corporation(the Settling Defendants), and U.S. EPA. The ROD, the BSD, theConsent Decree, this SOW, the final Remedial Design (RD), theapproved RA Work Plan, U.S. EPA Superfund Remedial Design andRemedial Action Guidance, and any additional guidance provided byU.S. EPA, shall be followed in performing the Remedial Action atthe Fultz Landfill Site (the Site). In the event of an apparentconflict of terms, the CD and its attachments shall govern.
The performance standards and specifications of the RA componentsfor the Fultz Landfill, which encompasses 22 acres of a 58-acretract within Parcel 1 of Military Lot 5, Township 1 North, Range3 West, in Guernsey County, Ohio, shall be performed by theSettling Defendants in accordance with the final RD documents: 1)Invitation to Bid: Volume 1 of 2 Contract Documents (FinalSpecifications) (11/94); 2) Invitation to Bid: Volume 2 of 2Contract Documents (Final Plans) (11/94) ,- 3) Construction QualityAssurance Plan (CQAP) (100% RD) (11/4/94); 4) Operation andMaintenance Plan (Final) (1/95) ; 5) Final Design Calculation,Cost Estimate, and Schedule (1/95), and in compliance with theschedule in this SOW. The list of remedial action components asdefined in the ROD and as modified by the BSD are:
* Institutional Controls* Site Fencing* Alternative Water Supply* Monitoring* Subsurface Structural Supports* Surface Water and Sediment Controls* Multi-layer Cap* Leachate Collection System* Extraction Well System* On-Site Treatment System* Wetlands Replacement
Due to results of RD studies, field testing, and activitiesconducted during the RD, set forth further in the ESD and subjectto the Additional Work, Periodic Review and Exceptions to theCovenant Not to Sue portions of the CD, it is not necessary thatthe Settling Defendants implement four of the RA componentslisted above.
These four RA components are:
* Alternative Water Supply* Subsurface Structural Supports* On-Site Water Treatment System* Wetlands Replacement
Following is a discussion of the RA components.
A. Alternative Water Supply
U.S. EPA conducted groundwater sampling surveys of residentialwells located downgradient of the Site during pre-designactivities. The results indicated that an unacceptable healthrisk from groundwater consumption is not present. Therefore, theSettling Defendants shall not have to furnish an alternativewater supply to downgradient residential well users.
B. Subsurface Structural Supports
The Subsurface Structural Supports RA component has been deletedfrom the RA. The Settling Defendants shall not have to implementthe Subsurface Structural Supports RA component. Documentationof the deletion of this RA component can be reviewed in the ESDfor the Site.
C. On-Site Water Treatment System
An on-site water treatment system is not needed at the Site.Documentation of the deletion of this RA component can bereviewed in the ESD for the Site. The Settling Defendants shallnot have to implement the On-Site Water Treatment System RAcomponent.
D. Wetlands Replacement
Implementation of the RA shall not result in the destruction ordisplacement of wetlands. Therefore, The Settling Defendantsshall not have to perform replacement of wetlands at the Site.
The Settling Defendants shall implement the following remainingRA components:
E. Institutional Controls
U.S. EPA has secured access Co the Site for itself, itscontractors, Settling Defendants, and Settling Defendantscontractors for the purposes of performing the Work and all otherresponse actions to be taken in connection with the Site throughthe entry of a global Consent Decree (CD) that includes RuthFultz, as the defendant-landowner of the Site. SettlingDefendants shall have no obligation to obtain access to thoseportions of the Site owned by Ruth Fultz. and any compensationfor such access or for arranging such access to the extent suchaccess is provided by said CD with Ruth Fultz. The SettlingDefendants agree not to interfere with or take any action toprevent the United States and its representatives, including EPAand its contractors, to have access at all reasonable times tothe Site, and to provide access at all reasonable times to anyother property to which access is required for implementation ofthis Consent Decree, to the extent access to property iscontrolled by the Settling Defendants, for the purposes ofconducting any activity related to this Consent Decree including,but not limited to:
a. Monitoring the Work;b. Verifying any data or information submitted to the
United States;c. Conducting investigations relating to contamination
at or near the Site;d. Obtaining samples;e. Assessing the need for, planning, or implementing
additional response actions at or near the Site;f. Inspecting and copying records, operating logs,
contracts, or other documents maintained orgenerated by Settling Defendants or their agents,consistent with Section XXIV; and
g. Assessing Settling Defendants' compliance with thisConsent Decree.
To the extent that the Site or any other property to which accessis required for the implementation of this Consent Decree isowned or controlled by persons other than Settling Defendants,Settling Defendants shall use best efforts to secure from suchpersons access for Settling Defendants, as well as for the UnitedStates and its representatives, including, but not limited to,its contractors, as necessary to effectuate this Consent Decree.For purposes of this Paragraph "best efforts" includes thepayment of reasonable sums of money in consideration of access.If any access required to complete the Work is not obtainedwithin 45 days of the date of entry of this Consent Decree, orwithin 45 days of the date U.S. EPA notifies the SettlingDefendants in writing that additional access beyond thatpreviously secured is necessary, Settling Defendants shall
promptly notify the United States, and shall include in thatnotification a summary of the steps Settling Defendants havetaken to attempt to obtain access. The United States may, as itdeems appropriate, assist Settling Defendants in obtainingaccess. Settling Defendants shall reimburse the United States,in accordance with the procedures in Section XVI (Reimbursementof Response Costs) of the CD, for all costs incurred by theUnited States in obtaining access.
Additional institutional controls involving deed restrictions forthe purpose of restricting use of on-site groundwater, surfacewater, and soils, shall be the responsibility of the SettlingDefendants, except, insofar as these requirements are controlledby the CD as it pertains to Ruth Fultz.
F. Site Fencing
Site fencing was installed by U.S. EPA during RD. Site fencingshall be maintained by the Settling Defendants duringconstruction of the RA and during the O&M phase of RA. TheSettling Defendants shall follow inspection and maintenanceactivities regarding the site fence pursuant to Section 2.5 ofthe O&M Plan.
G. Monitoring
The Settling Defendants shall conduct long-term monitoring of theSite to evaluate and monitor the effectiveness of the remedy andto evaluate the migration of contaminants from the Site.
1. Groundwater and Leachate Monitoring
The Settling Defendants shall implement the Groundwater andLeachate Sampling and Monitoring Plan as defined in the Section4.0 of O&M Plan. As part of the Groundwater and LeachateSampling and Monitoring Plan, the Settling Defendants shallprovide a Quality Assurance Project Plan (QAPP) as described inSection III Scope of Remedial Action Task II, of this SOW. TheSettling Defendants shall provide a RA Field Sampling Plan aspart of the QAPP as described in Section III, Task II.Objectives set forth in Section 4.1 of the O&M Plan shall beincorporated in the RA Field Sampling Plan. The SettlingDefendants shall sample the wells identified in Section 4.3 ofthe O&M Plan in accordance with the schedule presented in Section4.4 of the O&M Plan.
If additional information collected during RA construction and/orO&M indicates that groundwater monitoring of the Site isinadequate, U.S. EPA shall require additional groundwatermonitoring wells and/or laboratory analysis of additionalparameters.
2. Air Monitoring
At all times during the RA construction activities, SettlingDefendants shall ensure that air emissions do net exceed acumulative cancer risk of 1x10'* at the nearest downwindresidence or the Site boundary, depending on wind direction,using risk calculation methods set forth in Risk AssessmentGuidance for Superfund. In addition, the air emissions shall notexceed Clean Air Act (CAA) Section 109 and 40 CFR 50, NationalAmbient Air Quality Standards (NAAQS). A monitoring and dustcontrol program shall be included as part of the Section III,Task I, RA Work Plan. If air emissions exceed the designated CAAand NAAQS levels, the Settling Defendants shall take correctivemeasures as developed in the RA Work Plan. In order to documentpre-excavation conditions, the Settling Defendants shall conductair monitoring and/or sampling prior to RA construction.
The Settling Defendants shall monitor gas after the RAconstruction is complete as set forth in Section 6.0 GasMonitoring Program of the O&M Plan, and the Settling Defendantsshall specifically monitor methane and Volatile Organic Compounds(VOCs) on a quarterly basis during the first year ofimplementation of the RA Work Plan.
3. Reporting Requirements
The Settling Defendants shall submit to U.S. EPA monitoring dataresults in accordance with Section VIII Remedial Action Scheduleof this SOW.
H. Surface Water and Sediment Controls
The Settling Defendants shall implement surface water andsediment controls as set forth in the RD.
I. Multi-Layer Cap
The Settling Defendants shall construct a multi-layer cap inaccordance with the RD. The following is a brief description ofthe cap components.
The multi-layer cap to be constructed by the Settling Defendantsshall consist of (from the bottom up):
1. Grading Layer - rough grading of existing landfill surface toremove topsoil from areas that will be disturbed by furtherexcavation and prepare subgrade contours as specified in the RD.
2. Gas Collection Layer - grading layer of 12 inches of sandcourse enough to allow migration of gases generated from thelandfill. The methane venting system including gas collection
header pipes and vents shall be installed in this layer, as setforth in the RD.
3. Geccomposite Clay Liner/Geomembrane/Geonet Layer -A geocomposite clay liner, as specified in the RD, shall beinstalled to act as an impermeable barrier. The geomembranelayer, as specified in the RD (smooth and textured very-lowdensity polyethylene, or other suitable material that meets thefull requirements of the RD, and is approved by the U.S. EPA)shall be installed to provide an impermeable liner. The geonet,as specified in the RD, shall be installed to act as a drainagelayer above the geocomposite clay liner and the geomembrane.
4. Select Fill Layer - Suitable select fill materials asspecified in the RD shall be used, and shall consist of a soiltype classified as silty sands, clayey sands or lean sandsaccording to the Unified Soil Classification System. Unsuitablematerials include all materials that contain debris, roots,brush, sod, organic, or frozen materials. Select fill shall beplaced over geonet layer within 5 days after placement of thegeonet layer.
5. Topsoil Layer - Select fertile friable loam containing aliberal amount of humus, suitable for the growth of grass andplants shall be used. Material shall be free from hard lumps,plants and their roots, gravel, cinders, stones over 1/2 inch insize, weed seeds, quack grass roots, and any other undesirablematerial. Topsoil shall be kept and used in a relatively drystate.
J. Leachate Collection System
The Settling Defendants shall install a leachate collectionsystem in accordance with the RD. The leachate collection systemis designed to intercept leachate leaving the landfill andcollect it in a central sump area. Prom the sump area, theSettling Defendants shall pump the collected leachate to on-sitestorage tanks. After sampling and analysis, if the leachatemeets Water Quality Based Effluent Limits (WQBELs) as defined inTable 3 of the O&M Plan, it shall be discharged to Wills Creekvia Stream A. If the leachate does not meet WQBELs, the SettlingDefendants shall transport it to an off-site treatment facilityfor treatment.
K. Extraction Well System
The Settling Defendants shall install four extraction wells inaccordance with the RD. The extraction well system shall collectgroundwater from the shallow aquifer and pump it to on-sitestorage tanks. After sampling and analysis, if the groundwatermeets WQBELs it shall be discharged to Wills Creek via Stream A.If the groundwater does not meet WQBELs, the Settling Defendants
shall transport it to an off-site treatment facility fortreatment.
L. Contingency Plan Implementation
A contingency plan is set forth in the RD to prevent thegroundwater contaminated with vinyl chloride in the coal mineaquifer from spreading outside of the site boundary. The vinylchloride was discovered during predesign studies.
Upon completion of the RA, the Settling Defendants shall sampleand monitor the vinyl chloride in the coal mine aquifer on aquarterly basis for a period of five years. The SettlingDefendants are to implement the contingency plan only if theresults from the five years of monitoring demonstrate a need toprevent the spreading of the vinyl chloride outside of the siteboundary, as determined by U.S. EPA following a reasonableopportunity for review and comment by the Ohio EnvironmentalProtection Agency (OEPA). As is set forth in the RD, thecontingency remedy is to be implemented in two phases. Phase Iof the remedy consists of the installation of grout curtains inthe coal mine aquifer. Phase II of the remedy shall consist ofinstallation of a pump and treat system, upgradient from thegrout curtain containment system.
Phase I of the contingency shall be implemented if a statisticalevaluation of the water quality indicates that vinyl chlorideconcentrations in the coal mine aquifer, by year 20 of the remedy(proposed completion date of the remedy), will be above themaximum contaminant level (MCL) of 2 parts per billion (ppb) atthe downgradient site boundary. The statistical evaluation willbe determined by averaging the vinyl chloride test values foreach year of monitoring and extrapolating these values out toyear 20 of the remedy.
After implementing Phase I, the Settling Defendants shall sampleand monitor the vinyl chloride in the coal mine aquifer on aquarterly basis for an additional five years. If, after thattime, a statistical evaluation of the water quality indicatesthat the vinyl chloride concentration in the coal mine aquiferwill still be above the vinyl chloride MCL of 2 ppb at thedowngradient site boundary by year 20 of the remedy, the SettlingDefendants shall implement Phase II of the contingency remedy.The Settling Defendants shall continue to implement Phase II ofthe contingency remedy until groundwater in the deep mine aquifermeets the vinyl chloride MCL of 2 ppb at the downgradient siteboundary. Settling Defendants shall implement Phase II of thecontingency remedy, including quarterly sampling and monitoring,until groundwater in the coal mine aquifer meets the vinylchloride MCL of 2 ppb at the downgradient site boundary.
If, at the time of implementing the contingency remedy,
innovative technologies are available and capable of addressingthe vinyl chloride plume in a more efficient manner (compared togrout curtains and pump & treat), the settling defendants maypropose to EPA and OEPA to use that innovative technology.
III. SCOPE OF REMEDIAL ACTION
The Remedial Action to be conducted by the Settling Defendantsshall include seven major tasks, which are detailed below. Eachtask shall be completed by the Settling Defendants in accordancewith the schedules set forth in the Compliance Schedule of thisSOW. Unless otherwise specified by U.S. EPA, two (2) copies ofall submittals shall be provided by Settling Defendants to theU.S. EPA and two (2) copies of all submittals shall be providedto the OEPA for review. One copy of each submittal sent to U.S.EPA and the OEPA must be an unbound copy that is suitable forreproduction on standard 8 1/2" X 11" paper. In addition, two(2) copies of all documents are to be submitted to the U.S. EPAoversight contractor identified by U.S. EPA. All plans aresubject to approval by U.S. EPA with concurrence from OEPA.
Task I: Remedial Action Work Plan
Task II: Quality Assurance Project Plan
Task III: Construction Quality Assurance Plan
Task IV: Reports and Submissions
A. Progress ReportsB. Prefinal Completion of Construction
Inspection ReportC. Completion of Construction ReportD. Prefinal Completion of Remedial Action
Inspection ReportE. Completion of Remedial Action Report
Task V: Performance Standard Verification Plan
Task VI: Remedial Action/Construction
Task VII: Operation and Maintenance
Task I; Remedial Action Work Plan
The Settling Defendants shall prepare and submit for approval, toU.S. EPA, a Remedial Action Work Plan (RA Work Plan) forimplementation of the RA described in the ROD, as modified by theBSD and as set forth in the RD. Any questions concerning designrequirements or specifications shall be noted in the draft ofthis document. The document shall outline the overall managementstrategy for performing the construction, operation, maintenance
and monitoring of the RA. The RA Work Plan shall include aproject schedule for each major activity and submission ofdeliverables generated during the RA as well as a schedule forcompletion of the RA.
The RA Work Plan shall also include a description ofqualifications of key personnel directing the RA, includingcontractor personnel. The Settling Defendants' RA Work Planshall be submitted in accordance with the dates identified in theCompliance Schedule. The Settling Defendants shall submit afinal RA Work Plan incorporating U.S. EPA's comments on the draftRA Work Plan according to the schedule identified in theCompliance Schedule. Upon approval of the RA Work Plan by U.S.EPA, Settling Defendants shall implement the activities set forththerein in accordance with the approved schedule.
A. Site Access
The Settling Defendants shall arrange for site access to beprovided by the owner of the Fultz landfill property, aspreviously described in the SOW at Part II, E.
B. Health and Safety Plan
The Settling Defendants shall review and modify, if necessary,the Health and Safety Plan developed during RD to address theactivities to be performed at the Site during RA.
C. RD Review
Settling Defendants shall thoroughly review the approved RD andshall, as part of the draft RA Work Plan, provide to U.S. EPA alist of any questions or concerns requiring clarification of thedesign requirements and specifications. After the final RA WorkPlan has been approved, U.S. EPA will consider the approved RDacceptable to the Settling Defendants.
D. RA Project Schedule
The Settling Defendants shall develop a RA Project Schedule forconstruction and implementation of the RA which identifies timingfor initiation and completion of all critical path tasks.Settling Defendants shall specify dates for completion of theproject and major interim milestones. The RA Project Scheduleshall be consistent with and designed to achieve the deadlinescontained in the Compliance Schedule set forth in this SOW. Thefinal RA Project Schedule shall be subject to review and approvalby U.S. EPA (with review and comment by OEPA).
E. Community Relations Support
U.S. EPA shall implement a community relations program. The
10
Settling Defendants shall cooperate with the U.S. EPA and at therequest of U.S. EPA, shall participate in the preparation ofappropriate information to be disseminated by U.S. EPA to thepublic. At the request of U.S. EPA, Settling Defendants shallparticipate in public meetings that may be held or sponsored byU.S. EPA to explain activities at or concerning the Site.
Community relations support will be consistent with Superfundcommunity relations policy, as stated in the "Guidance forImplementing the Superfund Program" and Community Relations inSuperfund - A handbook.
Taak II; Quality A««uranc« Pro-Uct
The Settling Defendants shall submit a QAPP to cover sampling,analysis and data handling for samples collected under the O&MPlan. The QAPP shall be consistent with the requirements of theU.S. EPA Contract Laboratory Program (CLP) for laboratoriesproposed outside CLP. At a minimum, the QAPP shall include thefollowing:
1. Statement of Purpose2. Project Description3. Project Organization and Responsibility4. Sampling Procedures and Objectives5. Sample Custody and Document Control6. Calibration Procedures and Frequency7. Analytical Procedures, Data Reduction, Validation,
Assessment, and Reporting8. Internal Quality Control Checks and Frequency9. Performance System Checks and Frequency10. Preventive Maintenance Procedures and Frequency11. Data Precision, Accuracy and Completeness
The QAPP shall also include the following information:
1. Description of sampling/O&M monitoring tasksrequired under the O&M Plan;
2. Description of required laboratory tests and theirinterpretation;
3. Required data collection,-4. Location of sampling/O&M monitoring points5. Schedule of sampling/O&M monitoring frequency and
date(s), if appropriate, when monitoring frequencymay change or cease.
Within 21 days of the Court's entry of the Consent Decree,Settling Defendants shall contact the U.S. EPA Remedial Project
11
Manager to arrange a pre-QAPP meeting to identify all monitoringand data quality objectives for the O&M QAPP.
Task III: Construction Quality Aaaurance Plan
The Settling Defendants shall implement the approved ConstructionQuality Assurance (CQA) Plan to ensure, with a reasonable degreeof certainty, that the completed RA meets or exceeds all designcriteria, plans and specifications. The CQA Plan is a sitespecific document which must be submitted to U.S. EPA forapproval prior to the start of the construction. The CQA Planoutlined in the RO shall be used as a basis for preparation ofthe CQA Plan required under this SOW. Upon U.S. EPA approval ofthe CQA Plan, the Settling Defendants shall construct andimplement the RA in accordance with the RD, the RA ProjectSchedule, and the CQA Plan. The Settling Defendants shall submitthe CQA Plan to U.S. EPA as set forth in the Compliance Scheduleincluded in this SOW. At a minimum, the CQA Plan shall includethe elements which are summarized below.
A. Responsibility and Authority
The responsibility and authority of each organization (i.e.,technical consultants, construction firms, etc.) and keypersonnel involved in the construction of the corrective measureshall be described fully in the CQA Plan. The SettlingDefendants shall also identify a CQA officer and the necessarysupporting inspection staff.
B. Construction Quality Assurance Personnel Qualifications
The qualifications of the CQA officer and supporting inspectionpersonnel shall be presented in the CQA Plan to demonstrate thatthey possess the training and experience necessary to fulfilltheir identified responsibilities. If U.S. EPA does not deem thequalifications of any of the CQA Personnel satisfactory to meetthe requirements of the RA, the Settling Defendants shall submitqualifications for new personnel prior to U.S. EPA approval ofthe CQA Plan.
C. Inspection Activities
Inspection activities, which will consist of observations andtests to monitor the construction and/or installation of thecomponents of the RA, shall be summarized by the SettlingDefendants in the CQA Plan. The CQA Plan shall include the scopeand frequency of each type of inspection. Inspections performedby the Settling Defendants under the CQA Plan shall documentcompliance with the environmental requirements of all applicablestate and federal laws, and include, but not be limited to, airquality and emissions monitoring data, waste disposal records(e.g., Resource Conservation Recovery Act (RCRA) transportation
12
manifests), etc. The inspections shall also document compliancewith all health and safety procedures. In addition to theseinspections, the Settling Defendants shall conduct the followingactivities:
1. Preconstruction inspection and meeting
The Settling Defendants shall conduct a preconstruction meetingand inspection with U.S. EPA to:
a. Review methods for documenting and reportinginspection data;
b. Review methods for distributing and storingdocuments and reports;
c. Review work area security and safety protocol;d. Discuss any appropriate modifications of the CQA
Plan to ensure that site-specific considerationsare addressed; and
e. Conduct a site walk-around to document that thedesign criteria, plans, and specifications areunderstood and to review material and equipmentstorage locations.
The preconstruction inspection and meeting shall be documented bya designated person and minutes shall be transmitted to allparties.
2. Prefinal Completion of Construction Inspection
Upon preliminary completion of project construction, SettlingDefendants shall notify U.S. EPA for the purpose of conducting aprefinal inspection. The prefinal inspection should consist of awalk-through inspection of the entire project site by theSettling Defendants accompanied by U.S. EPA. The inspection isto determine whether the project is complete and consistent withthe design documents and the U.S. EPA approved RA Work Plan. Anyoutstanding RA construction work discovered by the SettlingDefendants or U.S. EPA during the inspection shall be identifiedand noted. Additionally, all treatment equipment shall beoperationally tested by the Settling Defendants. The SettlingDefendants shall certify in writing that the equipment hasperformed to meet the purpose and intent of the specifications.Retesting will be completed where deficiencies are revealed. ThePrefinal Completion of Construction Inspection Report to beprepared by the Settling Defendants shall outline the outstandingRA construction work, actions required to resolve outstanding RAconstruction work, completion dates for outstanding RAconstruction, and a proposed date for final Completion ofConstruction inspection. The prefinal completion of constructioninspection report shall be submitted for approval by U.S. EPA.
13
3. Final Completion of Construction Inspection
Upon completion of any outstanding RA construction work, theSettling Defendants shall notify U.S. EPA for the purpose ofconducting a final Completion of Construction inspection. Thefinal Completion of Construction inspection shall consist of awalk through inspection of the project site conducted by theSettling Defendants accompanied by the U.S. EPA. The Prefinalcompletion of Construction Inspection Report will be used as achecklist for the final Completion of Construction inspectionfocusing on the outstanding RA construction work identified inthe prefinal completion of Construction inspection. Writtenconfirmation of the Final Completion of Construction Inspectionshall be made by Settling Defendants in a Completion ofConstruction Report that all RA construction work has beencompleted.
4. Prefinal Completion of RA Inspection
Upon completion of all RA work and consistent attainment ofperformance standards, the Settling Defendants shall notify U.S.EPA for the purpose of conducting a Prefinal Completion of RAInspection. The Settling Defendants shall prove that they haveachieved the requirements of the performance standards. Withrespect to the contingency, the Settling Defendants shall proveeither: i) That the contingency plan does not need to beimplemented in accordance with section U.K. of this SOW, or ii)That the contingency remedy has been successfully implemented.Notification by the Settling Defendants shall include relevantphysical testing data on attainment of performance standards andthe need (or lack of need) for the contingency remedy. ThePrefinal Completion of RA Inspection shall consist of a walk-through inspection of the project site conducted by the SettlingDefendants accompanied by U.S. EPA, and the right to review anyrelevant site records. The inspection is to determine whetherthe RA is complete and that long-term performance standards havebeen achieved. Any outstanding RA completion work discovered bythe Settling Defendants or U.S. EPA during the inspection shallbe identified and noted. A Prefinal Completion of RA InspectionReport to be prepared by the Settling Defendants shall outlinethe outstanding RA completion work, actions required to resolveoutstanding RA completion work, completion dates for outstandingRA completion, and a proposed date for Final Completion of RAInspection. The Prefinal Completion of RA Inspection reportshall be submitted for approval by U.S. EPA.
5. Final Completion of RA Inspection
Upon completion of any outstanding RA completion work, theSettling Defendants shall notify U.S. EPA for the purpose ofconducting a final Completion of RA inspection. The SettlingDefendants shall prove that they have achieved the requirements
14
of the performance standards with respect to the contingency, orthat it is no longer a threat. Notification by the SettlingDefendants shall include relevant physical testing data onattainment of performance standards and the need (or lack ofneed) for the contingency remedy. The final Completion of RAinspection shall consist of a walk through inspection of theproject site conducted by the Settling Defendants accompanied bythe U.S. EPA, and the right to review any relevant site records.The prefinal Completion of RA Inspection Report will be used as achecklist for the final Completion of RA inspection focusing onthe outstanding RA completion work identified in the prefinalCompletion of RA inspection. Written confirmation of the finalCompletion of RA Inspection shall be made by Settling Defendantsin a Completion of RA Report that all RA completion work has beencompleted.
6. Final Completion of the Work
Upon issuance of certification of Completion of the RA, SettlingDefendants shall prepare for a final Site inspection. Thepurpose of the final Site inspection will be to note anyincomplete incidental measures or ordnance that are remaining onthe Site. The Settling Defendants shall resolve any incompleteincidental measures and remove any remaining ordnance. Uponapproval of the final Site inspection, U.S. EPA will issue acertification of Completion of the Work to the SettlingDefendants.
D. Sampling Requirements
The sampling activities, sample size or volume, sample locations,frequency of testing, acceptance and rejection criteria, andplans for correcting problems as addressed in the projectspecifications shall be presented in the CQA Plan.
E. Documentation
Reporting requirements for CQA activities shall be described indetail in the U.S. EPA approved CQA Plan. This shall includesuch items as daily summary reports, inspection data sheets,problem identification and corrective measures reports, designacceptance reports, and final documentation.
Provisions for the final storage of all records shall bepresented in the CQA Plan.
Task IV; Reports and S"*"tti8BionB
The Settling Defendants shall prepare plans, specifications, andreports as set forth in Tasks I through IV to document theconstruction, operation, maintenance, and monitoring of the RA.The documentation shall include, but not be limited to the
15
following:
A. Progress Reports
The Settling Defendants shall provide U.S. EPA with progressreports no later than the tenth day of each month covering theprevious calendar month, beginning with the first month followingentry of the CD, and until U.S. EPA approval of the Completion ofthe RA. Following U.S. EPA approval of the Completion of the RAand until U.S. EPA certifies Completion of the Work, the SettlingDefendants shall submit progress reports semiannually by March 1and September 1 of each year covering the previous 6 months. Theprogress reports to be submitted pursuant to the paragraph shallbe signed by the Project Coordinator for the Settling Defendantsand shall contain, at a minimum:
1. A description and estimate of the percentage of the RAcompleted;
2. Summaries of all findings and sampling during thereporting period;
3. Summaries of all changes made in the RA during thereporting period, indicating U.S. EPA approval of thosechanges;
4. Summaries of all contacts with representatives of thelocal community, public interest groups or Stategovernment during the reporting period;
5. Summaries of all problems or potential problemsencountered during the reporting period;
6. Summaries of actions taken and being taken to rectifyproblems ,-
7. Changes in key personnel involved in the RA;8. Projected work for the next reporting period;9. Copies of daily reports, inspection reports,
laboratory/monitoring data, etc;10. Summaries of all meetings, conference calls and
technical discussions with U.S. EPA and/or Statepersonnel regarding RA; and
11. Comparison of working schedule to project schedule.
Unless otherwise specified by the U.S. EPA Remedial ProjectManager, summary sheets of sampling results shall be sent to theU.S. EPA Remedial Project Manager within one month of receipt ofthe data by the Settling Defendants. In addition, the SettlingDefendants shall notify the U.S. EPA Remedial Project Managerwithin one week of learning of any problems, unusualcircumstances, or noncompliance with clean-up standards thatoccur at the site.
B. Completion of Construction Report
Within 30 days of a successful Final Completion of ConstructionInspection, the Settling Defendants shall prepare and submit for
16
approval by U.S. EPA, a Completion of Construction Report. Inthe report, a registered professional engineer and the SettlingDefendants' Project Coordinator shall certify that the project isconsistent with the design and specifications. The report shallcontain the following statement, signed by a responsiblecorporate official of the Settling Defendants or SettlingDefendants' Project Coordinator:
"To the best of my knowledge, after thoroughinvestigation, I certify that the information containedin or accompanying this submission is true, accurateand complete. I am aware there are significantpenalties for submitting false information, includingthe possibility of fine and imprisonment for knowingviolations."
The report shall also provide or specifically reference alldocuments or material which support the statements contained inthe report. The report shall include, but not be limited to thefollowing elements:
a. Introduction;b. Chronology of events,-c. Performance Standards and Construction Quality
Control;d. Summary of construction activities,-e. Summary of final inspection;f. Certification of the design and construction;g. As-built drawings signed and stamped by a
professional engineer;h. Explanation of any modifications to the plans and
why these were necessary for the project;i. Certification that the remedy is operational and
functional ,-j. Listing of the criteria, established before the
construction was initiated, for judging thecompletion of construction and also explaining anymodification to these criteria;
k. Results of site monitoring, indicating that the RAwill meet or exceed the performance standards;
1. Explanation of the O&M (including monitoring) tobe undertaken at the site and any changes requiredbased on modification of site plans duringconstruction; and
m. Summary of project costs.
C. Completion of Remedial Action Report
At the completion of all RA work (including continual achievementof performance standards) and within 30 days of a successfulfinal inspection, the Settling Defendants shall prepare andsubmit for approval by U.S. EPA, a Completion of Remedial Action
17
Report. In the report, a registered professional engineer andthe Project Coordinator of the Settling Defendants shall certifythat the Remedial Action has been completed in full satisfactionof the requirements of this Consent Decree. The report shallcontain the following statement, signed by a responsiblecorporate official of each Settling Defendants or SettlingDefendants' Project Coordinator:
"To the best of my knowledge, after thoroughinvestigation, I certify that the information containedin or accompanying this submission is true, accurateand complete. I am aware there are significantpenalties for submitting false information, includingthe possibility of fine and imprisonment for knowingviolations."
The report shall document that the project has been performedadequately. The report shall include, but not be limited to, thefollowing elements:
a. Introduction;b. Chronology of events;c. Summary of construction activities;d. Summary of final inspection;e. As-built drawings signed and stamped by a
professional engineer for any additional workcompleted since the certification of Completion ofConstruction;
f. Explanation of any modifications to the plans andwhy these were necessary for the project;
g. Certification that the remedy is operational andfunctional;
h. Listing of the criteria, established before theconstruction was initiated, for judging thefunctioning of the RA and also explaining anymodification to these criteria;
i. Results of site monitoring, indicating that the RAwill meet or exceed the performance criteria;
j. Explanation of the O&M taking place at the siteand any changes in the O&M plans that wererequired based on modification of site plansduring construction; and
k. Summary of project costs.
Task V: Performance Standard Monitoring
Performance monitoring shall be conducted to ensure that allPerformance Standards are met.
A. Performance Standard Verification Plan
The purpose of the Performance Standard Verification Plan is to
18
provide a mechanism to ensure that both short-term and long-termPerformance Standards for the Remedial Action are met. TheSettling Defendants shall implement the approved PerformanceStandards Verification Plan as per the Compliance Schedule.
Task VI ;
A final O&M Plan shall be required as a final Design Documentsubmission. The final O&M Plan shall be submitted by theSettling Defendants to U.S. EPA no later than the delivery dateof the prefinal completion of construction inspection, inaccordance with the approved construction schedule. The SettlingDefendants shall modify the final Operation and Maintenance (O&M)Plan to cover both implementation and long term maintenance ofthe Remedial Action. The plan shall be composed of the followingelements:
1. Description of normal operation and maintenance
a. Description of tasks for operation;b. Description of tasks for maintenance;c. Description of prescribed treatment or operation
conditions; andd. Schedule showing frequency of each O&M task.
2. Description of potential operating problems
a. Description and analysis of potential operationproblems ;
b. Sources of information regarding problems; andc. Common and/or anticipated remedies.
3. Description of routine monitoring and laboratory testing
a. Description of monitoring tasks;b. Description of required data collection,
laboratory tests and their interpretation;c. Required quality assurance, and quality control;d. Schedule of monitoring frequency and procedures
for a petition to U.S. EPA to reduce the frequencyof or discontinue monitoring; and
e. Description of verification sampling procedures ifCleanup or Performance Standards are exceeded inroutine monitoring.
4. Description of alternate O&M
a. Should systems fail, alternate procedures toprevent release or threatened releases ofhazardous substances, pollutants or contaminantswhich may endanger public health and theenvironment or exceed performance standards; and
b.
19
Analysis of vulnerability and additional resourcerequirement should a failure occur.
5. Corrective Action
Description of corrective action to be implementedin the event that cleanup or performance standardsare exceeded; andSchedule for implementing these correctiveactions.
6. Safety plan
a.
b.
Description of precautions, of necessaryequipment, etc., for Site personnel; andSafety tasks required in event of systems failure
7. Description of equipment
a. Equipment identification;b. Installation of monitoring components;c. Maintenance of Site equipment; andd. Replacement schedule for equipment and installed
components .
8. Records and reporting mechanisms required
a. Daily operating logs;b. Laboratory records;c. Records for operating costs;d. Mechanism for reporting emergencies;e. Personnel and maintenance records; andf. Monthly/annual reports to State agencies.
TaBlc VII; Remedial Action
Upon U.S. EPA approval of the CQA Plan and the RA Work Plan, theSettling Defendants shall construct and implement the RA inaccordance with the RD, schedule, RA Work Plan and the CQA Plan.The Settling Defendants shall also implement the elements of theapproved O&M Plan.
COMPLIANCE
A summary of the deadlines for information reporting requirementscontained in this SOW is presented below:
Submission Due Date
1. Draft RA Work Plan 45 calendar daysafter effective date(entry) of Consent
20
Final RA Work Plan
Draft Quality Assurance Project Plans
Final Quality Assurance Project Plans
Draft Construction Quality AssurancePlan
Decree
30 calendar daysafter receipt ofEPA's comments toDraft RA Work Plan
30 days after ofreceipt of theapprovedCompletion ofRemedial ActionReport, and theapproved Completionof PerformanceStandardVerificationPlan, anddetermination by EPAof successfulcompletion of (orlack of need for)the contingencyremedy, EPA willissue Certificationof Completion of theRemedial Action.
30 days afterissuance ofCertification ofCompletion of RA
22. Issuance of Certification of Completion 30 days after EPAof Work approval of Final
Site Inspection, EPAwill issue aCertification ofCompletion of Work.
23. Monthly Progress Reports By the 10th of eachmonth from effectivedate of ConsentDecree until U.S.EPA approval of theCompletion of theRA, and then semi-annually thereafterthrough the
23
Completion of theWork.
M-J1.M. AND M ARtMlW MONITORING OCLIS
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ENVIRONMENTAL UANACCMCNT. MC
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MAP OF FULTZ SITE
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APPENDIX E: LEGAL DESCRIPTION OF LANDOWNER'S PROPERTY
From Volume 350, Page 17 (Deed Records of Guernsey County, Ohio):
Property known as lot number five (5) , in township number one(1), of range number three (3), containing ninety-seven (97)acres, more or less.
Also the following situated in Guernsey County, Ohio, being inrange two, township one and being the northwest corner of sectionsix (6) and bounded as follows: Beginning at the northwestcorner of said section; thence east 61.92 rods to a stone; thencesouth 71.76 poles to a stone; thence west 61.92 rods; thencenorth 71.76 poles to the place of beginning, containing 27.77acres, more or less, of the unappropriated lands in the MilitaryDistrict in Ohio, the same as deeded to Joseph Watson by warrantydeed by James Sigman and wife, recorded in Vol. 23, page 474 ofthe records of deeds of Guernsey County, Ohio. Excepting andreserving from the above described property the rights andprivileges heretofore granted by William H. Davis and wife to theWills Coal Company, the lease granting said rights and privilegesbears date of February 22, 1904, and is recorded in lease recordten at page 266 of the record of leases of Guernsey County, Ohio.The said lease was on the 7th day of April, 1905, assigned to theCambridge and Muskingum Valley Coal Company, which said Companynow have the rights and privileges therein granted. Exceptingtherefrom the following described property, to-wit: Situated inthe township of Jackson, township 1, range 2 and moreparticularly described as follows: Beginning for the same at apoint in the south line of said lot in the center of the publichighway leading from Byesville, Ohio, to East Cambridge, Ohio,and running thence north 85 degrees west along said south line510 feet to a post; thence in a northwesterly direction along theline of Partner E. Hoopman lands 606 feet to a post; thence north2 degrees east 205 feet to a post; thence north 42 degrees east525 feet to a point in the center of said road; thence south 30degrees 15' east along said road 990 feet to the place ofbeginning, containing 9 acres more or less, and being all thatpart of said lot number five which lies on the west of saidpublic highway.
Also excepting therefrom the following: (1) any and allconveyances to the State of Ohio; (2) a conveyance to EthelFultz; (3) a conveyance to Jeffrey L. and Rita K. Fultz.
APPENDIX F: DEED RESTRICTIONS AND RESTRICTIVE COVENANTS
Ruth Fultz agrees to enact the following deed restrictions andrestrictive covenants on her property (as described in theConsent Decree, Paragraphs 9 a and b):
Deed Restrictions
1. No building, structure or other object shall be built orplaced on the Site that would disturb the cap over the landfillor would otherwise disturb any component of the remedy at theSite. Further, no one shall use surface or ground water from theSite for any purpose, including but not limited to human oranimal consumption.
Restrictive Covenants
1. The owner and/or occupant of the above-described premisescovenants that she shall not engage in, cause or allow thedrilling, construction, installation, development, operation oruse of any well for potable water at, on or within said property;
2. The owner and/or occupant of the above-described premisescovenants that she shall not engage in, cause or allow drilling,construction, installation, development, operation on or withinsaid property that will damage, disturb, displace or destroy theprotective cap or any other component of the remedy that has beenplaced on or within said property;
3. The owner and/or occupant of the above-described premisescovenants that she shall not engage in, cause or allow theconstruction, installation, development, operation or use of thesurface water at, on or within said property;
4. The owner and/or occupant of the above-described premisescovenants that each deed, title, lease or other instrumentconveying an interest in said property shall contain and besubject to the foregoing restrictions; and
5. The owner and/or occupant of the above-described premisescovenants that she shall take all reasonable and appropriatemeasures to the extent of her property rights to prevent orpreclude the drilling, construction, installation, development,operation or use of any well for potable water at, on or withinsaid property by any other person.
Said covenants shall run with the land, shall be bindingupon any and all successors in interest, and all assignees,lessees, sublessees, operators, tenants, licensees and agents,and any and all persons who acquire any interest in the property,and shall be for the benefit of Ruth Fultz, the United StatesEnvironmental Protection Agency ("EPA"), the Ohio Environmental
APPENDIX F (cont'd)
Protection Agency, and their successors and assigns, each of whomshall be privileged to enforce these covenants by appropriateaction in a court of competent jurisdiction.
THE UHDKRSIGNED PARTY enter! into thia Consent Decree in theMtttr Of Bhitad atatee v. Araoof inc.. at al (civil ActionMo. C2-95-698, 3.D. Ohio) for tc« Pults Landfill superfund8it«.
D*t*t
Author!i«d to Aeo«pt 8«rric« on Bthalf of th* Above-•ign«d Partyt
Man«: Jao«« E. Morkaan, Jr.Titlas AttomayAddraaa: Trolley Plaza, Third Floor, 604 Main Street,
THE UNDERSIGNED PARTY ertera into this Conwnt Decree in tht matter of Urufcflstate** Amneotne.. •<•!. (CMI Action No. C2-95-698. S.D. Ohio) for the Fultz LandfillSupeffund Sto.
FOR A.E, CLEVire INC.
Date: ft<yt ntyirM IflQfi
JAMES 0. KEUEftTWe:'Addnws:777 Eait Eli«nhow*r Pkwy, Suite 600Ann Arbor MI 48108
Agent Authorized to Accept Servte on Behalf of Above-signed Party:
General Count*:T & N Industrie* Inc.777 Eatt Eisenhower ParkwaySuite 600Ann Arbor, Michigan 48108-3383
OW7.W
r/U
THE UNDERSIGNED PARTY entere Into thto Consent Decree In the matter of UnitedlnQ..«td. (Civil Action Nk). C2-95-698. S.D. OMo) for the FuKz LandflH
Superfund SHe.
FOR GLACIER VANOCRVEU. INC.
Date:
Addrtet:777 East Elsenhower Plwy, Suite €00Ann Arbor HI 43108
Agent Authorized to Aooept Service on Behalf of Above-flgned Party:
General Course!T ft N tnduttrlee Inc.777 Eatt Elsenhower ParkwayGuRoOOOAnn Arbor, Michigan 48108-3368
UNDERSIGNED PARTY enteri into chit Concent Decree in the natterOf tlrHcail I».Mf«« v Xmrn Tttff. . at al (Civil ACtiOD NO. C2-95-696, fl.D. Ohio) for tb« rulti Landfill flup«rfund fit*.
Agent Authorised to Accept service on Behalf of Above-«ign«4
Pertyt
Tit let AJAddteiitTel. Nunben
81
j b •' >> ^ / 90
THE UNDERSIGNED PARTY enter* into Into Consent Decree In the matterStetn* >/ Armeti Ing. at >l (Ovl Action No. 02-05-608, 5.0. Ohio) for th« Fufcx LandfillSup rfund Sit*.
FOR T & N INDUSTRIES INC.
Iflflg By:
RITA M. GRISKAMTito: President
777 E4»l Ei»»nhOtf«r Pkwy, Sulta 600Ann Arbor MI 48106
Agent Authorized to Accept Service on Behalf of Above-tigned Party:
01/40/11 HON 11)41 Til. 111 101 7J4I ALP8R HOLDIHC9 It 001
la fch«He. Ca-fS-ftt,
AL, arc.
, Joe., 34th floor
oC lbove-«tffn*4
VtM:Title:
Ttti. VO.
Jota Qoghlia*(NMial Counael :taltirt IwJuatri*!, lna.Lloo ittixa ipoauft, a«t& rioor
York, V«w York 100)3500-7BBO ;
FR UEC ENJ1RDN 412 tu I . i^- tV
TH2 UNDERSIGNED PARTY enters into this Consent Decree in thematter of United Stitei v. Armco Inc., et al. (Civil Action No,C2-9A-698, s.D. Ohio) for the fultx Landfill Superfund Site.
FOR WE3TINGHOU5E ELECTRIC CORPORATION
DATE I
Vice (residentWe»tinghouse Electric Corporation11 Staaivix StreetPittsburgh, PA 15222-1384
Party i
Name:Title:Address:
Telephone:
co Accept 9«rrioe on D«half o£ Above
Roger E. Willt, Jr.Assistant 9«n«cal CouaaelMeatinQhoutt Electric Corporation11 sttnvix streetPittfburgh, PA 15222-1384(412) 642-5813
TH8 UNDERSIGNED PARTY enters into thia Consent Decree in tbeBitter Of Phitad Statw y. Ar g, Jn^,, m flj (Civil ActionMo. C2-95-698, 3.D. Ohio) for tb* Pults Landfill SuparfundSit*.
-**~h Margaret Ptfltt
Authorised to Accept Service on Behalf of the Above*•igned Party:
Name: Jaaea B. MorkBan, Jr.Title: AttorneyAddress: Trolley Plaza, Third Floor, 604 Main Street,
THE UNDERSIGNED PARTY enters into this Consent Decree in thematter of United geates. v. Armco Tng. «*r a.1. (Civil Action No.C2-9S-698. S.D. Ohio) for the Fulcz Landfill Superfund Site.
Agent Authorized to Accept Service on Behalf of Above-signed
Party:
Name: Steven A. Tasher rpi.».. tSrr«.lTitle: Vice Pres:Address tFive Gira]
.cid
ent - Environmental Affairsa Farms - Mad'ison. NJ 07940
Tel. Number: 201-660-5210 ,
-81-
THE tnVDEBSIGHSD PARTY enters into thi« Consent Decree in the matt«rof United StatM v. Armee Ine.. et al. (Civil Action No. C2-9S-€§8,'jdL
bio)8.D. Ohio) for the Pultz Landfill Superfund Sit*.
Det
FOR SALTIRB INDUSTRIAL, IMC.
John Coghlin, B»q.Oeneral Coun««lSaltire InduatrUl, Inc.•00 Third kv*nu«, 34th VloorSew York, Hew TorX 10022
Agent Authori*«d to Accept Service on Behalf of Above-*igned Party:
Name:Title:Addreee,
Tel. 5o.
John Coghlin, B«q.oeneral CounaelSaltire Industrial, Inc.BOO Third Avenue, 24th FloorNew York, New York 10022(212) 508-7558
0MIV1I1 (Pit
THE UNDERSIGNED PARTY enters into this Consent Decree in the matterof united St^tca v. Armgo ing. . ftt al . (Civil Action No. C2-95-698, S.D. Ohio) for th« Pultz Landfill Superfund Site.
FOR GOULD ELECTRONICS INC.
Date: 5<»p » nt e 30. 1996Lawrence W. MitchellAssociate CounselGould Electronics Inc.35129 Curtis BoulevardEastlake, Ohio 44095
Agent Authorized to Accept Service on Behalf of Above-signed
Party:
Name: Lawrence W- MifcrhellTitle: Associate CoynaelAddress: 15129 Curtis Boulevard
OH 44Q95Tel. Nuntoer: f216) 953-5142
81
THE UNDERSIGNED PARTY enters into this Consent Decree in the matter of UnitedStates v. Armco Inc.. at at. (Civ* Action No. C2-95-898. S.D. Ohio) for the Fuftz LandfilJSuperfund Site.
FOR A.E. CLEVITE INC.
Date: Saotembaf 3Q 1flfl6JAMES 0. KELLER
Title:'Address.777 East Eisenhower Pkwy, Suite 600Ann Arbor HI 48108
Agent Authorized to Accept Service on Behaff of Above-signed Party:
General CounselT & N Industries Inc.777 East Eisenhower ParkwaySuite 600Ann Arbor, Michigan 48108-3388
OW27/M-01*3451 .C1
THE UNDERSIGNED PARTY enters into this Consent Decree in the matter of Unitedfitatoft%/ Armmlnc fttal (Civil Action No. C2-95-C98, S.D. Ohio) for the Futtz LandfiHSuperfund Ste.
FOR T & N INDUSTRIES INC
Date: September 30. 1S96Name: RITA M. GRISHAMTitle: PresidentAddress*777 East Elsenhower Pkwy, Suite 600Ann Arbor MI 48108
Agent Authorized to Accept Service on Behalf of Above-signed Party:
General CounselT & N Industries Inc.777 East Eisenhower ParkwaySuite 600Ann Arbor, Michigan 48108-3388
- 01634S1 01
THE UNDERSIGNED PARTY enters into this Consent Decree in the matter of UnitedStates v. Annco Inc.. et al. (Civil Action No. C2-95-608, S.D. Ohio) for the Fuftz LandfillSuperfund Site.
FOR GLACIER VANOERVELL INC.
Date: September 30. 10060. KELLER
Title: TreasurerAddress:777 East Eisenhower Pkwy, Suite 600Ann Arbor MI 48108
Agent Authorized to Accept Service on Behalf of Above-signed Party:
General CounselT & N Industries Inc.777 East Eisenhower ParkwaySuite 600Ann Arbor, Michigan 48108-3388
0*77/98- 01*3451 01
TH2 UNDERSIGNED PARTY enters into this Consent Decree in thematter of United States v. Armco Inc., et al. (Civil Action NoC2-95-698, S.D. Ohio) for the Fultz Landfill Superfund Site.
FOR WESTINGKOUSE ELECTRIC CORPORATION
DATE: <Samuel R.Vice PresidentWestinghouse Electric Corporation11 Stanwix StreetPittsburgh, PA 15222-1384
Agent Authorized to Accept Service on Behalf of Above-signedParty:
Name: Roger E. Wills, Jr.Title: Assistant General CounselAddress: Westinghouse Electric Corporation
11 Stanwix StreetPittsburgh, PA 15222-1384
Telephone: (412) 642-5815
- 81 -
SENT BY:JB*€X 4 BLOCK ; 9-30-36 :ll:S8AM ;
TBB DHDERSIGMBD PARTY enters into this Consent Decree in thenatter of Tflftiteq St frit v- A**** tne.. at a (Civil ActionHo. C2-95-69B, S.D. Ohio) for the Pultz Landfill SuperfundCite.
FOR THE PDLLMAB CCMPAVY_ — ^ ^ ^ ^ ^ ^ ^ ^ »
/
Datei September 30, 1996VirginiaGeneral CounselTeoaeco Autosotiveill Pfingsten RoadOeerfield. IL 60015
Agent Authorized to Accept Service on Behalf o£ Above-signed
Address : Janngr t Block. Qna IBM Plata - Chieacro.IL
Tel. Vuvber: (312) 232-9350
. o •
Partyi
, Jrfltt,•*— ssaatiK oTelephone Hu*ber. ("4) 452
Fioor, 604 H*in Street
THE UNDERSIGNED PARTY enters into chia Consent Decree in thematter of United . t;afgq y, Armco Inc. . gt a.1. (Civil Action No.C2-95-698. S.D. Ohio) for the Fultz Landfill Superfund Site.
American Home ProductsFOR Co roc ration COMPANY
Steven A. Tasher0t.+*&6+ 1 /9f4 v*ce President - Environmental Affairs/,Date: " *-^ 7f f7~r* pT^o ^iral .^a Pavmc - Vlarti ann f tfJ 0/940
Agent Authorized to Accept Service on Behalf of Above- signed
Party:
Name: Steven A. Tasher _ [Please Type]Title: Vice President -_ Environmental AffairsAddress :Five Giralda Farms - Madison. NJ 07940Tel. Number: 201-660-5210 i
-81-
THE UWDEttSIGNSD PARTY enters into this Consent Decree in the matterof United atfttea v. Armco Inc.. et, »jl. (civil Action Ko. C2-9S-f9S,6.0. Ohio) for the Pultz Landfill Superfund Site.
FOR SALT1KB INDUSTRIAL, IMC.
Det John Coghlin, Bsq.General CounselSaltire Induetrial, Inc.800 Third Avenue, a4th FloorNew York, New York 10022
Agant Authorised to Accept Service on Behalf of Above-eigned Party:
Name:Title:Address:
Tel. No.
John Coghlin, Bsq.General CounselSaltire Industrial, Inc.800 Third Avenue, 24th FloorSew York, New York 10022(212) 508-7558
THE UNDERSIGNED PARTY enters into this Consent Decree in the matterOf tlryited ff^at-ga v. Armeo Ing^. ett. al , (Civil Action NO. C2-95-693, S.D. Ohio) for the Fultz Landfill Superfund Site.
Agent Authorized to Accept Service on Behalf of Above-signed
Party:
Name: Lavir^nce W. MitchellTitle: Associate Counae},Address: 35129 dirtia Boulevard
Eaatlakft. QH 44Q95Tel. Number: fulfil 953-5142
81
THE UNDERSIGNED PARTY enters into this Consent Decree in the matter of UnitedStates v. yvrmco Inc.. at al. (Civil Action No. C2-95-6S8. S.D. Ohio) for the FuKz LandfillSuperfund Site.
FOR A.E. CLEVITE INC.
Date: September 3Q 1QQ6JAMES D. KELLER
Title: V_yTreasurarAddress:777 East Elsenhower Pkwy, Suite 600Ann Arbor Ml 48108
Agent Authorized to Accept Service on Behalf of Above-signed Party:
General CounselT & N Industries Inc.777 East Eisenhower ParkwaySuite 600Ann Arbor, Michigan 48108-3388
OW27/98-01634H.C1
THE UNDERSIGNED PARTY enters into this Consent Decree in the matter of UnitedStatoa v Armco Inc et a\. (Civil Action No. C2-95-098, S.D. Ohio) for the Futtz LandfillSuperfund Site.
FOR T & N INDUSTRIES INC
Date: September 30. 1996Name: RITA M. GRISHAMTitle: PresidentAddress*777 East Elsenhower Pkwy, Suite 600Ann Arbor MI 48108
Agent Authorized to Accept Service on Behalf of Above-signed Party:
General CounselT & N Industries Inc.777 East Eisenhower ParkwaySuite 600Ann Arbor, Michigan 48108-3388
09/37*8 - 0103401 01
THE UNDERSIGNED PARTY enters into this Consent Decree in the matter of UnitedStates v. Armco Inc.. et al. (Civil Action No. C2-05-608, S.D. Ohio) for the Fultz LandfillSuperfund Site.
FOR GLACIER VANDERVELL INC.
Date: September 30. 1996'JAMES D. KELLER
Title: TreasurerAddress:
777 East Eisenhower Pkwy, Suite 600Ann Arbor MI 46108
Agent Authorized to Accept Service on Behalf of Above-signed Party:
General CounselT & N Industries Inc.777 East Eisenhower PartwaySuite 600Ann Arbor, Michigan 48108-3388
08.27/96 - 01S3451 01
THZ UNDERSIGNED PARTY enters into this Consent Decree in thematter of United States v. Armco Inc., et al. (Civil Action No.C2-95-698, S.D. Ohio) for the Fultz Landfill Superfund Site.
FOR WESTIN3KOUSE ELECTRIC CORPORATION
DATE:Samuel R. PHVice PresidentWestinghouse Electric Corporation11 Stanwix StreetPittsburgh, PA 15222-1384
Agent Authorized to Accept Service on Behalf of Above-signedParty:
Nane: Roger E. Wills, Jr.Title: Assistant General CounselAddress: Westinghouse Electric Corporation
11 Stanwix StreetPittsburgh, PA 15222-1384
Telephone: (412) 642-5815
- 81 -
BLOCK : 9-30-* a w, wao.
THE UNDERSIGNED PARTY eat era into this Consent Decree in th«matter of United stat«« v. »«*»<•» inc.. ct al. (dvil ActionMo. C2-9S-69B, S.D. Ohio) for the Pultz Landfill Sup«rfundSit*
D«t«» September 30, 1996
FOR rag PUUflftH COMPAITY
Virginia/I). Kearn*General counaelTenneco Automotiveill Pfingeten RoadDeerfield, IL 60015
Agent Authorixed to Accept Service on Behalf of Above-aigned