NCD003446721_19880524_Celeanse Corporation - Shelby Fiber_FRBCERCLA SPD_Compliance Orders 1986 - 1988-OCR

• UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
345 COURTLAND STREET CERTIFIE:D MAIL ATLANTA, GEORGIA 30365 ,
RETURN RECEIPT REQUESTED
Mr. James C. Pullen
Hoechst Celanese Corporation
4000 Barclay Downs Drive
Charlotte, North Carolina 28209
MAY 2 ,\ 1988
Re: Celanese Fibers Operations Site, Shelby, North Carolina
Dear Mr. Pullen:
In October 1984 the Celanese Fibers Site was proposed for
inclusion on the National Priorities List. Subsequent to this, the
E:nvironmental Protection Agency (EPA) notified you by way of a letter
that pursuant to the authority of the Comprehensive Environmental
Response, Compensation and Liability Act of 1980 (CERCLA), u.s.c.
Section 9601 et.~-, as amended, the Agency would spend public
funds to conduct a Remedial Investigation and Feasibility Study
(RI/FS), unless it determined that such an action would be properly
performed by a potentially responsible party (PRP).
You were informed in the aforementioned letter that, potentially
responsible parties, as defined in Section 107(a) of CERCLA, 42 u.s.c. Section 9607, included current and former owners of a site,
and persons who generated hazardous substances or-~ere involved in~ !J •. I·, ' the transport of hazardous substances, and that,,:: h'.ased on data
received during the investigation of the site, '>':?'lt~;company was,
therefore, a potentially responsible party. nJ L. . ,o 11.j
.t1 ~ (f)
In March 1986, Celanese Corporation (the pr'edli:,cessor to,Hoechst
Celanese Corporation) entered into an Administrat:tv,e Orcler 0 on 'Cdnsent
with EPA by which the company agreed to perform (49,, RI/FS. With EPA' s
oversight, Hoechst Celanese Corporation (Celanes'.tl.'.'.. l\Ps completed the
RI/FS on Operable Unit One at the site. On March :2~., 1988,othe Acting
Regional Administrator of EPA signed a i:,,e';_ord of,e1 □i!e{iis1c~fb '.(;ROD) ·
setting forth the remedial action select:ed, for OpEf:}"~;blE!~i;fji'i't On~ to
address the documented release and threqt;i;&ned rela;'iae of ,-haz1ard,.:;::,r9
substance·s, poliutants and contaminants :"i,;i'to grounrliilate;i:,a'f '.i?l\1'."s%te. ,,11 -,J, ,_. X
3'. '.:< 1-,-h· n; :-. :,,) . ~•-: ;'O 1-,
t-,· 1-..... '..<( 1-t .,. EPA, pursuant to the authority of t!JE!.-' CERCLP.\ ,ljlay p,1:o~~e<l wtth
the implementation of the remedy unless ~fri:, Agene!y'",ci_~te1f\£i.t\1?~-;J;ha1' f-•~· .,. , -'. , . ,. I ' such an action will be properly performed by a pl'l-t•entia:l B-,\( ,, ,.., i:-: :~ ; () I}) j_"_j ·•-.· 1 --. r> V resoonsible oarty. As the EPA has determined thati', Celane,Qe,·,i<ti'a>-l
pot~ntially 'res[Jonsible party, before the goverr'rr(~nt u'.:&,ct<,J:l'J:;,ii,(f~€,;
further action, Celanese is being notified of its potential liability
and is being [Jrovided with an O[lportunity to voluntarily:
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1. Design and implement the remedy described in the ROD, as
developed in accordance with CERCLA and the National
Contingency Plan; and
2. Any other measures which may be necessary to abate the
hazards posed by the site.
To facilitate an agreement with Celanese for the performance of
the above-referenced matters, EPA, pursuant to Section 122{e) of
CERCLA, 42 u.s.c. Section 9622(e}, has determined that a period of
formal negotiation during which no response action will be taken by
the Agency will be beneficial. The Agency will consider the date you
receive this notice as the beginning of the formal negotiation
period, and, as is provided for by Section 122(e) of CERCLA, EPA will
not take any remedial action for one hundred twenty (120) days
following such date, provided that Celanese submits within sixty (60)
days from this date a written good Eaith proposal for undertaking or
financing the action. If a good faith proposal is not received by
the conclusion of this sixty (60) day period, EPA may design and
implement the selected remedy at the earliest possible date. Not-
withstanding the foregoing, EPA reserves the right to take action in
the event a significant threat arises at the site requiring EPA's
immediate attention.
A good faith offer is a written proposal which demonstrates the
qualifications and willingness to conduct and/or finance the Remedial
Design and Remedial Action (RD/RA). A good faith offer for the RD/RA
should include the following:
1. A statement of Celanese's willingness to conduct or finance
the RD/RA which is consistent with EPA's ROD or which provides
a sufficient basis for further negotiations in light of EPA's
ROD;
2. A detailed "statement of work" or "work plan" identifying how
Celanese plans to proceed with the work;
3. A demonstration of Celanese's technical capability to undertake
the RD/RA. If Celanese expects a firm to conduct the work, it
should identify the firm, or, if no firm has been selected,
ider,tify the process by which a firm will be selected;
4. A demonstration of your capability to finance the RD/RA;
5. A statement of your willingness to reimburse EPA for oversight
costs;
6. A discussion of Celanese's position on releases from liability
and reopener to liability; and
7. The na~e, address, and phone number of the party who will
represent your company in negotiations.
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You should notify the EPA in writing within ten (10) calendar
days of receipt of this letter as to whether you wish to participate
in negotiations for undertaking or financing the design and imple-
mentation of the remedy. Your written response should include the
appropriate name, address, and telephone number for further contact
within your company.
Your letter should be sent to:
Ms. Michelle Glenn
Superfund Project Manager u.s. Environmental Protection Agency
345 Courtland Street, N.E.
Atlanta, Georgia 30365
Based on prior discussions between representatives of EPA and
Celanese, EPA believes that this matter may be settled within a
shorter time frame and has set June 30, 1988 as a target date for the
completion of negotiations. Regardless of. our degree of success in
concluding these matters within this time frame, EPA, as stated
above, will not take any remedial action for one hundred twenty (120)
days following the commencement of the formal negotiation period if
Celanese submits a good faith proposal within the applicable sixty
(60)-day period. OE course, at the end of this period EPA will be
free to commence remedial action at the Site and to seek cost
recovery against Celanese for all costs incurred by EPA in performing
such remediation.
Recently EPA submitted a draft Consent Decree for your review.
In order to expedite matters, the draft was submitted although EPA
Headquarters and the Department of Justice had not yet completed
their review of the draft. This letter will confirm our under-
standing that any binding consent decree will require the approval of
EPA Headquarters and the Department of Justice.
It you need further information, Ms. Glenn can be reached at
[phone]. Any legal questions should be directed to Mr. Rowland
Heyward at [phone]. We hope you give this matter your imme-
diate attention since under CERCLA, and other laws, responsible
parties may be liable for all monies expended by the government to
complete remedial actions at a site.
Enclosure
cc: Mr. Bill Meyer
NCDER
"7)'f1yom,
PN:lr:J!: T 1n, Director
Waste Manage ent Division
I :s..i..~,.,, ~ ~,L.,
@ELANESE ~• .... '·~t
-.... OFFICE OF·
GENERAL COUNSEL
EXPRESS MAIL
Ms. Gena D. Townsend
February 13, 1986 SPE:101:86
U.S. Environmental Protection Agency ERRB/ICS
345 Courtland Street, NE Atlanta, Georgia 30365
Re: Celanese Fibers Operations Shelby, North Carolina
Dear Ms. Townsend:
Enclosed please find an executed Administrative Order on Consent for the Shelby site. The Order has been signed by John Fennie, Vice President, Celanese Corporation.
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On behalf of Celanese Corporation, thank you for meeting with Jim Pullen and me last week to review the Consent Order. We appreciate the opportunity to conduct the Remedial Investigation and Feasibility Study and look forward to working closely with you.
I would appreciate your forwarding an the Consent Order to me. =~cuted copy of /'
/mcj
Again, thank you for your cooperation.
Sincerely yours,
~/~~
Susan P. Engelman
Associate General Counsel
cc: Reuben_Buss_!!y, Environmental Protection Agency l:will-iam-Meyer), North Carolina Solid and Hazardous Waste J.C. Pullen, Environmental Affairs Manager
Encl.
CELANESE CORPORATION• 121 l AVENUE OF THE AMERICAS, NEW YORK, N.Y. 10036 • TELEPHONL 212-719-8000
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UNITED snz>.TES ENVIIDN-IBNTAL PROI'ECI'ICN AGEtlCY
RroION IV
IN THE 1-"ATI'ER OF:
Celanese Fibers Operations Site
P.O. Box 87
Shelcy, North Carolina 28150
Celanese Corporation
1211 Avenue of the 1'.mericas
New York, NY 10036
RE...-<'PCNDENT.
Proceeding Under Section 106(2)
of the Carprehensive Environ-
mental Res,FOnse, Corrpensation,
and Liability Act of 1980
(42 u.s.c. §9606(2))
U.S. EPl'. J:'CCI'TI' l.\'O.
ALt-lil'1ISI'RATIVE ORDER ON CXJNSENT
I. JURISDICTICN
'!his Consent Order is entered into by the United States Environrrental
Protection Agency (EPA) with Celanese Corporation (Celanese or Respondent)
pursuant to the authority vested in the President of the United States by
Section 106(a) of the Carprehensive Envirornrental Response, Ccr.pensation,
and Liability Act (C'ERCTA), 42 U.S.C. §9606(a), and delegated to the
Administrc\tor of the United States Environrrental Protection Agency by
Executive Order 12316 dated August 14, 1981, 46 Fed. Reg. 42237 and
further delegated to the Assistant Administrator for Solid Waste and
:Emergency Res,FOnse and the P.egianal Administrators by EPA delegation Nos.
14-14 and 14-14-A, the latter of which was signed on April 16, 1984.
'!he Respondent agrees to undertake all actions required by the teDllS and
conditions of this Consent Order. 'Ihe ResfC)Ildent also consents to and
will not contest EPA jurisdiction regarding this Consent Order. ReSfOndent
neither admits nor denies the Findings of Fact, Conclusions of Law and
Detenninations herein: hcwever, Respondent agrees not to challenge t.11ese
findings for purposes of this Cop.sent Order. '!he Resrondent reserves all
rights it nay have to object to or contest any allegation of violation of
this Consent Order.
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II. srAffl,!FNT OF PURPOSE
In entering into this Consent Order, the mutual objectives of EPA and
Celanese are: (1) to detennine fully the nature and extent of the threat
to the public health or welfare or the Envircrnrent caused b"y the release
or threatened release of hazardcus cubstances, p:>111.,tants, or contaminants
fran the Celanese Fibers Operations Site (Rerredial Investigation). and (2)
to evaluate alterne.tives fer the appropriate extent of rer.edia.1 action to
prevent or mitigate the migration or the release or threatened release of
hazardouE substances, p:>llutants, or oontarr.inan.ts from the Celanese Fibers
01,eratioos Site (Feasibility Study). The activities conducted pursuant
to this Consent Order are subject to approval by EPA and shall J::e consistent
with the National Contingency Plan, 40 CTR Part 300.68(a)-(j) (47 Federal
Register 31180 (July 16, 1982), revised at 48 Federal rseaister 40658
(Septeober8, 1983)).
I II • FINDThX,S OF FACT
EPA has detennined that all findings of fact necessary for the issuance
of this Consent Order pursuant to Section 106(a) of CT.RCLA have been made
and are out.lined belCM.
A. 'lhe Celanese Fibers ~erations Site (site) is approxirrately 450 acres
and is located in Clevelanc'. County on H:irti: CaroliPa Highway 19,3
approxir.ately 2 miles &>uth of Petterson Springs, Horth Caroli112.
and 1 mile North of Earl, North Carolina.
B. '!he Resp:>nc'ent is a Delaware Corporatioo and is the =rent o,mer and
operator of the site.
c. 'lhe site has been proposed for inclusion on the National Priorities
List as defined in Section 105 of CERCIA, 42 u.s.c. §9605.
D. Celanese has been r.onitoring the groundwater since O:!tober 1981. A
hydrogeologic evaluation. was also :rrade.
E. Sa.'1t)le results indicate that there is the presence of hazardcus
substances in the environment. '!his analytical data is presented in
th€ P.eireclial Investigation/Feasibility Study \':Ork Plan attached
hereto and incorporated herein as A'ITACIMENI' OOE.
F. Significant exposure to the said hazardous substances may cause
illness, disease, death or other hannful effects to plant, anirral
life and hurrans.
G. Surface drainage is eastward wit.h fl= dividing to the Northeast anc1
Southeast to intercept ~ UI'.narred tributaries to Euffalo Creek.
H. '!he drinking water supply of those persons in the area served by priw.te
and public water supply wells may be adversely affected.
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IV. CXJNCUJSIONS OF ~!
A. 'Ihe site :is a facility within the rreaning of Section 101(9) of CERCU',,
42 u.s.c. §9601(21).
B. 'Ihe Respondent is a person as defined in Section 101(21) of CERCT.A
u.s.c. §9601(21), and as OIJl'ler of the site, and as a <1enerator of
hazardous substances, is a responsible party under Section 107(a)(l)
and (a)(3) of CERCIA, 42 u.s.c. §9607(a)(l) and.(a)(3).
C. 'Ihe dlanicals discovered as described in Paragraph E above are
"Hazardcus Substances" within the rreaning of Section 101(14) of CERClA,
42 u.s.c. §9601(14).
D. 'Ihe presence of hazardous substances at the site, their past and
potential migration to surramding soils and groundwater, rray constitute
both an actual release and threatened release within the rreaning of
Section 101(22) of CERClA, 42 u.s.c. §9601(22).
V. DEI'E™INATIONS
Based on the Findings of Fact and Conclusions of law set out above, EPA
has detenni.ned thcet:
-P... 'Ihe actual and/or threatened release of hazardous substances fran the
Site l!laY present an imninent and sul::stantial endangerrcent to the
public health or welfare or the enviranrnert.
B, The investigations required by this Consent Order are necessary
to protect the public health and welfare and the environment.
VI. PARTIES BOUND
This Consent Order shall apply to and be binoing upon the Respondent and
EPA, their agents, successors, and assigns and upon all persons, contractors
and coP.sultants acting under or for either the Respondent or EPA or both.
No change in a,mership or corporate or partne:rs1'.ip status relating to t.'1e
Site will in any way alter the status of the Respondent or in any way
alter the Respondent's responsibility under this Consent Order. 'Ihe
Respondent will renain the Respondent under this Consent Order and will
be responsible for carrying cut all activities required of the Respondent
under this Consent Order.
The Respondent shall provide a copy of this Consent Order to all contractors,
sub-contractors, laboratories, and consultants retained to conduct any
rortion of the work perforrred pursuant to this Consent Order witr.in
fourteen (14) calendar days of the ef:':ective date of this Consent Order
or date of sudl retention, whidlever is applicable.
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VII. NOTICE 'ID THE STATE
The reqcirenent of Sect.irn 106(a} of CERCLA to nctify the State cf North
Carolina has been satisfied.
VIII. WJRK 'ID BE PERFORMED
All \>,'Ork perforrred pursuant to this Consent Order shall be 1.n1der the
direction and supervision of a qualified prcfessiona.l engineer, or certifie:1
geologist with expertise in hazardoos waste site clean-up. 'Ihe Respondent
shall notify EPA in writing regarding the name, title, and qualifications
cf such engineer, or geologist and of any contractors and/or subcontractors
to be used in carrying rut the tems of this Consent Order.
Based on the foregoing, it is hereby 1\GPEED 'ID AlID Ol'.DERED that the
follcw.ing work shall be perforrred:
A. 'Ihe Fespondent shall inplerrent the tasks detailed in the F.aredi.al
Investiaation and Feasibility Study Work Plan (RI/FS Work Plan) which has
been approved by EPA and is attached to and incorporated in this Consent
Order (Attachrrent 1). 'lhl.s ~.10rk shall be conducted in accordance with
the EPA Pserredial Investigation and Feasibility Study guidance docurrents ana \vi th the standards, specifications, and schedule contained in the
RI/FS Work Plan.
B. P,s of the effective date of this Consent Order, the 1-esrondent has
ccmnenced and agrees to continue won< under and in accordance with
the P.I/FS work plan.
c. 'Ihe Eesponde,,t sr.all provide rronthly written pro;ress reports to EPJ\.
a=rc:i.ng to the schedule containecl. in the RI/FE Work Plan. At a
minimum these progress reports shall: ( 1} describe the actions
which have been taken tc:7.ffird adueving ccmpliancc with this Consent
Order, (2) include a sumrrary of all sampling and testing results
and all other c'.ata received by the Resp:ndent, and ( 3) include
all plans and procedures ccmpleted subsequent to EPA approval of the
RI/FS Work Plan, during the past rronth as well as such act.ions, data,
and plans which are scheduled for the folloong rronth. 'll1ese reports
are to be submitted to EPA by the tenth day of each rronth folloong
the effective date of this Consent Order.
D. The Pespondent shall provide preliroi.nary and final rE!fC)rts to EPJ\.
a=rding to the schedule contained in the RI/FS Work Plan .•
E. EPA sr.all review the preliminary and final reports and within 30
calendar days of receipt by EPA of such reports, EPA shall notify the
Resp:mdent in writing of EPA's approval or disapproval of these
reµ:irts or any part thereof. In U-,e event of any disapproval, EPA
shall specify in writing both the deficiP.ncies and the reasons for
such disapproval.
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F. Within 30 calendar days of receipt of EPA notification of preli.rni.ncr.1
or final report disapproval, the Respondent Rhall arnend and submit to
EPA such revised reports and perform any additional studies pursuant
to EPA re\Tiew. In the event of <'l.isapproval, EPA retains the right to
anend such reports, to perform additional studies, and to =nduct a
ca,plete Reredial Investigation and Feasibility Study pursuant to its
authority under CEPCIA,
C. D:-currents, including reports, approvals, disapprovals, and other
C'Orresponc'.ence, to be submitted pursuant to this Consent Order, shall
be sent by certified rra.il to the follo,.,ing addresses or to such other
addresses as the Respondent or EPA hereafter IIE.Y designate in writing:
1) Docurrents to be sul:rnitted to EPA should be sent to: (5 copies)
Gena D. Tc,,mserrl
Enforcerrent Project Manager
U.S. Environrrental Protection Agency
Region IV
EFPB/ICS
345 Courtland Street, l'JE
Atlanta, Georgia 30365
2) D::>currents to be submitted to the Respondent should be sent to:
Jarres C. Pullen, Manager
Environmental Affairs
Celanese Fibers ~~aticns
P, O. Box 32414
Charlotte, North Carolina 28232
H. EPA or Respondent may detenr.i.ne that tasks, including rerredial
investigatory ~.ork and/or engineering evaluations, are necessary as
part of a Rerredial investigation and Feasibility Study ir, addition to
EPA-approved tasks and deliverables, including reports, which have
been canpleted pursuant to this Consent Order, Subject to tl-ie "Dispute
Resolution" Section (Section XIV) of this Consent Order, the Respondent
shall implerrent any additional tasks which EPA determines are necessary
as part of a P.erredial Investigation and Feasibility Study and which
are in addition to the tasks detailed in the RI/FS Work Plan, The
additional work shall be canpleted in acC'Ordance with the standards,
specifications, and schedule determined or approved by EPA, Upon
written agreerrent of the parties, this Consent Order ll'aY be amended as
necessary as part of the RI/FS to address such investigations or
studies not currently addressed,
I. EPA agrees to meet with F.espondent for discussion of any ffatter arising
out of this Consent Order at a ti.rre and place a<;reed upon by EPA and
Fespondent,
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IX.· DESIGNATED PROJECT l1ANAGEP.S
On or before the effective date of this Consent Order, EPA and the Respondent
shall each designate a Project Manager. Each Project Manager shall be
res1::onsible for overseeins the :iJ,:plerrentati.on of this Consent Order. The
EPA Project Manager will be EPA's designated representative at the Site.
· To the naximum extent possible, carrnunications between the Respondent and
EPA and all docurrents, including reports, approvals, and other correspondence
concerning the activities performed pursuant to the terms and ronditicns
of tl>J.s Consent Order, shall be directed thrc:ugh the Project Managers.
EPA and the Req:ondent each have the right to change their respective
Project Manager. Such a change shall be accarplished by notifying the
other party in writing at least five calendar days prior to the change.
The EPA designated Project Manager, shall have the authority vested by
the National Contingency Plan: 40 C.F.R. Part 300 et seq., 47 F<:deral
Register 31180 July 16, 1982. 'Ihis includes the authority to halt,
conduct, or direct arry tasks required by this Conscmt Order and/or any
response actions or portions therecf when conditions prese>nt an :imrediate
risk to public health or welfare or the environrrent. Whenever possible
EPA will provide notice to Respondent prior to taking any such action.
The ah;ence of the EPA Representative fran the Site shall not be cause
for the stoppage of work.
X. CUALITY ASSUI',ANCE
The Respondent shall use quality assurance, quality control, and chain of
custcx:?y procedures in accordance with EPA Regicn N Envirornrental Services
Division Standcrd Operating Procedures Manual throughc:ut all sarrple
collection and analysis activities. 'lhis manual shall l'.',e provided to the
F.espondent by EPA. The Respondent shall =nsult with EPA in planning
·for, and prior to, all sarrpliTTg and analysis as detailed in the RI/FS
Work Plan. In order to provide quality assurance am rraintain quality
control regarding all samples collected pursuant to this Consent Order,
the Respondent shall:
A. Ensure that EPA personnel and/or I'J?A aut.norized representatives are
alla..oed access to the lal::oratory(s) and personnel utilized by the
Respondent for analysis.
B. Ensure that the lal::oratory(s) utilized by the ResfOildent for analysis
perfonn such analysis according to EPA 11£!thods or nethods deened
satisfactory to EPA and subrrit all protocols to be used for analysis
to EPA at least 14 calendar days prior to the cc:rnmencerrent of analysis.
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C. Ensure that laboratory(s) utilized by the Respondent for analysis
participate in a EPA quality a~surance/quality central program
equivalent to that vmich is follo.-Jed by EPA and vmich is consistent
with EPA docurrent 01\!-'.S-005/80, A.c; part of such a program, and upon
request by EPA, such laboratory(s) shall perfonn analysis of sanples
provided by EPA to denonstrate the quality cf each laboratory's
analytical data. A naxim.Jm annual number of four per analytical
carbination; e.g., four aqueous samples by Gas Chrorratography/1-'iass
Spect.raretry, four soil/ sedirrent sanples l::y Gas Chranatcgraphy /Mass
Spectraretry, etc, may be provided to earn laboratory for analysis,
XI, SITE ACCESS
To the extent that the Site is presently awned by parties other than
thc'tle bo .. md by this Consent Order, the Pespondent has obtained or will
use their best efforts to obtain site access as-reerrents frar. the present
_awners within 30 calendar days of the effective date of this Consent
Order,· Such agreer.ents shall provide reasonable access to EPA ar,iJ./or its
authorized representatives. In the event that site access agreerrents are
not obtained within the tirre referenced above, the Responctent shall notify
EPA regarding both the lack of, and efforts to obtain, such agreerrents
with5-n 30 calenc'ar days of the effective date of this Consent Order.
XII, S!'}lPLil'G, .i>CCESS, AND Dl>TA/IXX:OME1'1T AWulAPILITY
The P.esponde.".lt shall rake the results of all sanpling and/or tests or
other data generated by the Respondent, or on the Respondent's behalf,
with respect to the irrplarent.ation of this Consent Order, available to
EPA and shall sul::rnit these results in monthly progress reports as described
in Section VIII of this Consent Order. EPA will wake available to the
Respondent the resL'1ts of sampling and/or tests or other data sll!'ilarly
generated by EPA.
At the request of IPA, the P.espondent shall allo,, split or duplicate
sanples to be taken by EPA an.d/or its authorized representatives, or any
sarrg:,les collected by the Respondent pursuant to the irrplerrentation of
· this Consent Order. The Responclent shall notify EPA not less than 72
hours in aclvance of any sarrple oollection activity.
EPA and/or any EPA authorized representative shall at least have the
authority to enter and freely rrove abcut all property at the Site at all
reasonable times for the purposes of, inter alia: inspecting records,
c:perating logs, and contracts related to the Site; reviev,ing the progress
of the I'espondent in carrying out the tent1S of this Consent. Order;
conducting such tests as EPA or the Project Coordinator deem necessary;
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using a car:era, so.md recording, or other docurrentacy type equiprrent; and
verifying t.1-ie data submitted to EPA by the Fespondent. The respondent
shall pennit such persons to inspect and copy all records, files,
photographs, dOOJments, and other writings, including· all sampling and
ironitoring data, in any way pertaining to. work undertaken pursuant to·
this Consent Order. .Zill parties \Iii. th a=ess to the Si.te pursuant to this
paragraph shall carply with all approved health and safety plans.
The Pesr,ondent rray assert a confidentiality claim, if appropriate, covering
part or all of the inforrration requested by this Consent Order pursuant
to 40 C.F.R. §2.203(b). · such an assertion shall be adequately substantiated
when the assertion is rrade. Analytical data shall not be clairred as
confidential by the Respondent. Infomation detennined to be confidential
by EPA will be afforded the prctection specified in 40 C.F.R. Part 2,
Sutpart B. If no such claim acoarpanies the infon:ntion when it is
submitted to !';PA, it rray be rrade available to the public by EPA withcut
further notice to the Respondent.
XIII. RE"CORD PRESERVATION
EPA and the Respondent agree that each shall preserve, during the pendency
of this Consent Order and for a minimum of six (6) years after its
termination, all records and dOCUJ1·ents in their possession or in th<c
possession of their divisicns, enployees, agents, accountants, contractors,
or attorneys which relate in any way to the Site investigation, despite
any dornr.ent retention policy to the contrary. J>,.fter this six year
peri.od, the Respondent shall notify EPA within 30 calendar days prior to
the destruction of any such docurrents. Upcn request by EPA, the PE·spondent
shall make available to EPA such records or ccpies of any such records.
Additionally, if EPA requests that sare or all Cocurrents be preserved for
a longer P=riod of tirre, the Pespondent shall carply with that request.
XIV. DISPUI'E REEOLUTION
If the Respondent objects to any EPA notice of disapproval or decision
rrade pursuant to this Consent Order, the Respondent shall notify EPA in
writing of its objections within fourteen (14) days of receipt of the
decision. EPA and the P.espondent then have an adclitional fourteen (14)
clays fran the receipt by EPA of the notificaticn of objection to reach
agreerent. If agreenent cannot be reached on any issue within this
fourteen (14) day period, EFA shall provide a written staterrent of its
decision to the Respondent.
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XV. DELIW IN PEFFOP}il'~,CE/STIPllI.ATEll PEli:ALTIES
If any event bc=s which causes delay in the achieverrent of the requirarents
of this Consent Order, the Fespondent shall have the b.rrden of proving
that the delay was caused by circumstances beyond the reasonable control
of the Respondent whlch could not have been overcane by dne diligence.
'Ihe Respondent shall prcr.ptly notify EPA's Project Coordinator orally and
shall, wit.'lin seven (7) calenear days of oral notification to EPA, notify
EPA in writing of the anticipated length and cause of the delay, the
mea.sures taken and/or to be taken to prevent or milll!!'ize the delay, and
the timetable by which the Respondent intends to irrplement tl-\ese measures.
If the parties can agree that the aelay or anticipated delay has been or
will be caused by circurrstances beyond the reasonable control of the
Respondent, the tine for perfornance hereunder shall be extended for a
period equal to the delay resulting fran such circurrstances. The Respondent
shall adopt all reasonable measures to avoid or r.inimize delay. Failure
of the Respondent to canply with the notice requirerrents of this paragraph
shall render this paragraph void and constitute a waiver of the Respondent's
right to request a waiver of the requirerrents of this Consent Order.
Increased costs of perfonrance of the ten,is of this Consent Order or
changer. econanic circurrstances shall not be considered circurrstances
beyond the control of the P.espondent. In the event that EPA and the
Respondent c.annot agree tl":at any delay in the achieverrent of the requirem211ts:
of this Consent Order, including the failure to sul:trit aITj report or
dccl.lm'-"lt, has been or will be cause<". by circurrstances beycnd the
reasor_.able control of the ReEpondent, the dispute shall be resolved in
accordance witl1 the provisions of the "Dispute Resolution" Section (Section
XIV) of this Consent Order.
For each week that the R€'spondent fails to subnit a report or document
required by the Work plan or Quality Asssurance section or otherwise
failE to achieve the requirB!Ents of this Consent Order, and fails to
carply with the notice requirerrent.o; in the aoove paragraph the Respondent
shall pay into the United States Treasury, the sum, set forth belON as
stipulated penalties. Checks should be addressed to:
U. s. Environmental Protection l'.gency
Superfund Acccunting
P.O. Box 371003M
Pittsb.rrgh, PA 15251
Attn: (Collection Officer for Superfund)
Stipulated penalties shall accrue in the arrount of $1,000.00 for the
first week arid $2,000.00 for each week thereafter for failure to subnit a
deliverable or o::mply with a schedule as required by this Consent Order.
The stipulated penalties set forth in this Section do not preclude EPA
fran electing to pursue any ot.her rerredies or sanctions which may be
available to EPA by reason of the Respondent's failure to carply with
any of the requirerrents of this Consent Order. Such rerreeies and sancticns
• •
include a suit for statutory penalties as authorized by Section 106 of
CERCI.A, a federally-funded response action, and a suit for re:imh.Jrsanent
of cost incun:-ed by the United States and the State of North CaroliP.a.
Any rep:1rts, plans, specifications, schedules, and attachrrents required
by this Consent Order are, upon approval by EPA incorp:,rated in this
Consent Order. Any non-caipliance with such EPA approved reports, plans,
specifications, schedules, and attachrrents shall be considered a failure
to achieve the requirements of this Consent OrdPr and will subject the
Pespondent to the provisions inclucled in this &ct-7_on as above.
XVI. PESERVATictT OF RICBI'S
Notwithstanding canpliance with the terms of this Consent Order, ir,cluding
the corpletion of an LPA approved Ferrediai" Investigation and Feasibility
Study, the Respondent is not released fran liability, if any, for any
actions beyond the tems of this Consent Orcer token by EPA respecting t."le
Site. FPA reserves the right to take any enforcei1E11t action pursuant to
CERCLA and/or any available legal authority, including the right to seek
injunctive relief, nonetary penalties, and punitive darrages for any
violation of law er this Consent Ord.er.
'!he Respondent, and EPA expressly reserve all rig:t:ts and defenses that
they r.ay have, including EPA' s right both to disapprove of WC'rk perforrred
by the Respondent and to request that the Respondent. perform tasks in
addition to those detailed in the F.I/FS W::>rk Plan, as prcviced in this
Consent Order. In the event that the Respondent declines to perform any
additional and/or nodified tasks, EPA will have the right to undertake
any rerrer.ial investigation and/or feasibility study work.. In additicn,
EPA reserves the right to seek reimburserrent frcvn the Respon<lent thereafter
for such ccsts incurred by the United States or the State of North Carolina.
'!he Respondent reserve any rig:t:ts it nay have to withhold any doa.ment or
record vmich i,;: atorney-client or attorney work product privileged under
Federal, State or ccmron law and will provide EPA instead with a description
of sudi r.aterial and substantiation of the clairr, of privileqe. EPA
reserves all rights it nay have to seek to· ccnpile the production of
naterials so withheld.
XVII. RFillBUR..<;fl,!ENT OF COSTS
At the end of each fiscal year, EPA shall sulrrit to the Respondent an
acca.mting of all response and oversight costs incurred by the U.S.
C'overnrrent with respect to this Consent Order. '!he Respondent shall,
within 60 calendar days of receipt of that accounting, rE!!'it a check for
the arncont of those costs rrac!e payable to the Hazardous Substance Resp.:mse
Trust Fund. Checks should specifically refe:-ence the ic1entity of the
site and be addressed to:
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U.S. Environrrental Protection l-.gency
SUperful".d Acoounting
P.O. Box 37100~1
Pittsburgh, PA 15251
Attn: (Collection Officer for Superftmd)
[A ccpy of the transmittal letter should be sent to the Project ll'canager. J
EPA reservE's the right to bring an action against the Pespondent pursuant
to Section 107 of CERCIA for recovery of all response and oversight costs
incurred cy the United States and the State of North Carolina related to
this Consent Order and not re:irrhlrsed by the Respondent, as well as any
ether past c:nd future costs in=red by the United f-tates and the State
of North Carolina in connection with response activities conducted pursuant
to CEFCIA at this site.
XVI II. OI'HER CIAJ],l.S
Nothing in this Consent Order shall constitute or be construed as a
release fran any claim, cause of action or demand in law or equity against
any person, firm, partnership, er corporation not a signatory to this
Consent Order for any liability it may have arising out of or relating in
any way to the generation, storage, treatrrent, handling, transportation,
release, or disposal of any hazardous substances, hazardous wastes,
r-ollutants, or contaminants found at, taken to, er taken frcm the Site.
This Consent Order does not constitute any decision on preaut.horization
cf funds under Section lll(a)(2) of CEPCT.A.
XIX. OillER APPLICl'.BLE LJ\I•iS
All actions required to be taken pursuant to this Consent Order shall be
undertaken in ac=rdance with the requirements of all a.pJ:Olicable local,
state, and federal laws and regulations unless an exarpticn fran such
re::;uirerents is specifically provided in this Consent Order.
XX. INDEMNIFICATIOO OF THE UNITED STATFS GOVERNMThTI'
The Respondent agrees to indemify and save and hold the United states
Cbvernrrent, its agencies, departrrents, agents, and 611f,loyees, harmless
fran any and all claims or causes of action arising fran or on accamt of
acts or anissions of the P.espondent, its officers, arployees, receivers,
trustees, agents, or assigns, in carrying out the activities pursuant to
this Consent Order. EPA is not a party in any contract involving the
Respondent at the site. Respondent shall retain all rights otherwise
provided by law it hc.s not specifically set forth in the agreerrent.
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XXI. PUBLIC CCMMFUI'
Upon stibmittal to EPA of an approved Feasibility Study Final Pep::,rt, EPA
shall make both the Rercedial Investigation Final Rep::,rt anc the Feasibility
Study Final Fep::,rt available to the public for review and cament for, at
a min:inurn, a twenty-one (21) day period, pursuant to EPA's Ccr.mJnity
Relations Policy, Folloong the public review and ccmrent period, EPA
shall notify the Respondent \'.hl.ch rerredial action alternative is approved
for the site •
. XXII, EFFECTIVE I'ATE AND SUBSEQUEI\~ t•iODIFICATION
In.oonsideration of the ccmrvnications between the Resp::,ndent and EPA
prior to tr,e issuance of this Consent Order concerning its terms, the
Respondent agrees that there is no need for a settlerrent conference prior
to the effective date of this Consent Order, Therefore, the effective
date of this Consent Order shall be the date on \-nu.ch it is signed by EPA.
'!his Consent Order rray be rrodified by ll'Utual agreement of EPA and the
Respondent. Such rrodifications shall be in writing and shall have as the
effective date, that date on which such rrodifications are signed by EPA.
No inforrral advice, guidance, suggestions, or ccr.irrents by EPA regarding
rerorts, plans, specifications, schedt•les, and any other wr{_ting suL-mitted
by the Resp.:.,ndent will be construed as relieving the RPspcnc1ent of its
obligation to obtain such forrral approval as may be required by this
Consent Order.
XXIII, TEF.MINATIOI-: Al\1D SATISFAC:::'ION
The provisions of this Consent Order sr.all be deenEd satisfied uron the
Respcnclent' s receipt of "'Titten notice fran EPA that the ReqJOndent has
denonstrated, tc the satisfaction of EPA, that all cf the terms of this
Consent Order, :i.ncluoing any additional tasks which EPP. has determined to
be necessary, have been canpleted.
By: ----:,----,,----,:--=---------------Jack E, Ravan
Regicmal Administrator
Region IV
U.S. Environnental Protection Agency
Effective Date: --------------
7 liite
Date
..
UNITED STATES ENVIRONMENT AL PROTECTION AGENCY "--
Site History
REGION IV
345 COURTLAND STREET
ATLANTA, GEORGIA 30365
Fact Sheet
Celanese Fibers c:perations
Shelby
Clevelam County, N:>rth Carolina
Decenber 1985
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~
1he Celanese Fibers (perations (CFO) site, located on N:>rth Carolina Highway 198 approximately 2 miles south of Patterson Springs, NC and 1 mile north of Earl, OC, began operations in April of 1960, Manufacturing operations included the production of polyester polymer chip arxl filanent yarn. 1he principal chemicals involved in polymer production are dimethyl terephthalate and ethylene glycol. Other small quantity additives inclu::le titanilllt dioxide arxl antimony.
1he CFO waste treatment plant was constructed in phases concurrent with the manufacturing plant and becane fully operational in the mid-1960's. In 1973, the plant was exparxled with the addition of a polishing pond, t'NO emergency spill ponds, and an additional aeration basin.
Several areas around the plant have been used. for waste disposal. Normal plant wastes (primarily polyester am miscellaneous trash) were disposed of and burned in burning pits, and glycol recovery unit (GRU) sludge was buried during the 1960's in trenches. Off-specification polymers were stored in a drlllt storage and staging area during the early 1960's, however the drlllts were rerocived in the mid-1960's arxl the storage area was backfilled, In the period fran 1970 to 1978, awroximately 2000 to 3000 drll1ts of waste chemicals and solvents, including lab packs, were stored temporarily in the area near the fotmer burning pit, All drums were removed fran the area by 1978 and sent to outside disposal facilities. (A nr>re detailed description of the waste treatment plant can be found in the l'ork Plan, )
Investigation of the CFO site began in October 1981 when CFO contracted with the fir:m Soil & Material Engineers, Inc. (SME) to install 23 grourxlwater monitoring wells. In conjlmction with the groundwater nr>nitoring installation program, SME conducted a hydrogeologic evaluation. Subsequently, CFO initiated a groundwater sanpling and analysis prograrn under the supervision of Davis & Floyd laboratories, Inc.
SME has also oorxlucted an electranagnetic survey and has excavated test pits at the site. l'bst recently, CFO had SME install 9 additional nr>nitor wells and conduct a more detailed hydrogeologic evaluation, 1he results of SME's work show that there is contamination by organic canpounds of shallow grourrlwater in several areas on the plant site, however there is no indication of off-site groundwater contamination associated with plant activities. 1hese results are surrmarized in three documents:
-Hydrooeolooic Evaluation Fiber Industries Inc., Shelby Facility, Shelby, North Carolina, Soil and Material Enqineers, Inc., February 5, 1982.
-Electrana netic surve Report waste Treatment Area, Shelb, North Carolina, Soil and Material Engineers, Inc., Nov r 8, 1 83,
-Sumnary of Findings and Sugqested Future l'klrk, Wastewater Treatment Plant Area, Shelby, North Carolina, Soil and Material Engineers, Inc,, April 3, 1984.
In O:tober 1984, CFO initiated a series of meetinos with EPA to discuss the preparation of a l'klrk Plan f.or a Ranedial Investigation (RI) and Feasibility Stu:ly (FS) by their contractor, g,jE. Concurrent with this, EPA's contractor, Canp Dresser & McKee, has prepared a report that includes a review of the data collected during previous site investigations and identifies information deficiencies and data· gaps to provide a basis for de-;eloµnGnt of· investigation activities. These events have resulted in the sul:Jnission of a draft W:lrk Plan by SME, on behalf of CFO, on August 22,1985.
The draft l'klrk Plan (WP) was reviewed by the EPA, the !IC Cepartrnent of Human Resources, and the !IC Cepartrrent of Natural Resources and cannents were sub-mitted. The draft WP was also placed in the information repository in Shelby, NC for public review.
Activities subsequent to the sul:Jnission of the draft WP were as follows:
--en Septenber 12, 1985, EPA met with the united Neighbors for Clean--1.1p at Earl (UNC at Earll to discuss the upcaning site activities, to obtain information about the site fran citizens, and to obtain information about issues of canmunity concern.
--A Fact Sheet suz,rnarizing the site history, the remedial investiqaiton and feasibility study, current status, and future plans was prepared and mailed to those persons on the initial mailing list. The Fact Sheet also announced an upcaning Public Meeting, listed the names and phone numbers of information contacts, and encouraged citizens to be included on the CFO mailing list.
--On Septenber 24, 1985, a Public Meeting was held at the Number Three Elanentary School to present the draft WP to the public and to discuss the proposed field 1o10rk and site sanplinq plan for the RI/FS. This meeting was a joint effort between EPA, CFO & SME. O-Jestions fran the citizens were addressed, and citizens i;ere encouraged to sul:Jnit written caiments on the draft WP to EPA.
-DJe to increased public interest, on O:tober 28, 1985, CFO arranged for tour groups of local citizens to see the areas of investigation, including the wastewater treatment facilities, the glycol recovery unit solids burial sites and the groundwater monitoring well netw::>rk. The tours i;ere followed by an informal meetinq with local residents to further explain and answer questions about the site history, the investigation conducted to date, and the upcaning private well survey and other RI/FS field activities.
•
--On November 1, 1985, the final WP for the RI/FS was submitted to EPA by SME. The final WP was prepared by incorporating review canments into the draft WP, as appropriate.
--D.lring the week of November 4, 1985, SME conducted a private well survey within an approximate one-mile radius of the suspected contaminant source area. This was done, as part of Task RI 1.0 of the WP, for the purroses of identifying groundwater·usage in the vicinity of the plant.
Current Status
The final WP has been reviewed and approved by the Remedial Project Manaqer (RPM) and has been transnitted to the Investigation and Conpliance Section for canmencEITIE!nt of consent order neqotiations between EPA and CFO. Neqoti-ations are scheduled to beqin in tecember 1985. The final WP has been placed in the information repositories.
As requested by the citizens of Earl, OC, an additional information rei:ository has been established in Earl. Information can now be reviewed at:
Lavender Residence
Corner of Highwav 198 South
and Canetary Street
Earl, OC 28038
as well as at the existing repository located at:
Cleveland County Memorial Library
104 Howie Drive
Shelby, ~c 28038
Attn: OJug Perry
In response to several other requests fran citizens during the Public Meeting and in writing:
--Shipping manifests for the drums ranoved fran the CFO property in the 1970's have been placed in both repositories.
EPA has requested the State's assistance in sampling and analyzing private well drinking water. 1he state has responded favorably, offering to sample wells upon individual requests within their resources. These carrnunications have been placed in the repositories.
Information pertainin:i to off-site CFO dispasal areas in the Earl/Grover carrnunities has been forwarded to the OC Department of Hunan Resources for inspection of these areas. They are expected to begin a Preliminary Assessnent/Site Inspection of these areas shortly.
--A response explaining the closing of the CFO recreation lake has been placed in the rep:>sitories.
--The NPL docket containing the Hazard Ranking Score and supporting documentation has been inclooed in the repositories.
-
--The Canmunity Relations Plan for the CFO site
and is currently undergoinq internal review.
will be placed in the reJX)sitories for public
has been prepared by ~PA
Upon canpletion, a copy
review.
Citizens are encouraged to have their nc111es placed on the CFO mailing list to receive site infonnation. If you have not already done so and wish to please send your name and address to Meredith Clarke Anderson, EPA, 345 Courtland Street, NE, Atlanta, GA 30365.
Remedial Investigation
A consent order agreanerit between EPA and CFO is expected by February 1986. However, to rE!llain on schedule SHE will begin to implement the field activities described in the final WP as soon as possible. EPA will assune oversight responsibilities of all field activities.
The field activities include:
--initial sampling of existing wells, including selected off-site private wells;
--soil sampling by excavating test pits, test borings, and hand auger borings; and
--installation and sampling of additional rronitor wells.
Feasibility Study
Once the data fran the RI is obtained, the ultimate goal of developing technologically sound and cost-effective alternatives for site cleanup can begin. At a mini.mun, these alternatives will be screened and evaluated to identify the best practicable alternative which effectively mitigates and minimizes threats to, and provides adequate protection of, public health, welfare and the environnent.
Contacts
Meredith Clarke Anderson
Remedial Project Manager
US EPA, !Egion IV
345 Courtland Street, NE
Atlanta, GA 30365
[phone]
Lee Crosby
•
NC J:apartment of Ruman Resources
P.O. Box 2091
Raleigh, l'C 27602-2091
( 919) 733-2178
James Pullen
Manager of Environnental Affairs
Celanese Fibers Operations
P.O. Box 32414
Charlotte, l'C 28232
[phone]
Michael Henderson
Superfund Comrunity Relations Coordinator
US EPA, Region IV
345 Courtland Street,NE
Atlanta, GA 30365
[phone]
D:>n Link
l'C J:apartment of Natural Resources
P.O. Box 370
Asheville, l'C 28801
[phone]
• •
Ut'1Tt:D S'i'ATEf J;J)'.'IEONk'EriIAL PRUIECrIC:-t' AGEi/CY
RfGIO~J IV
Celanese:: Fibers OJ:-era·b .. ons Site
P.O. ~ox 0.7
Shell:>f, North C2.rolina '.'8150
Celanese Corp::,ration
1211 Aver,.ue of the i'.merica,c,.
New York, NY 10036
RESPCNDEN'T.
Proceeding Under Section 106(2)
of the C-oir,rehensive Environ-
mental Resp::,nse, Corrpensation,
and Liability Act of 1980
(42 U.f.C. §9606(2))
U.S. EPL I:OCITT F:O.
Ar:t1INIS'1'PA'l'IVE OJ<DER ON ffiNSEN'l'
I. JURISDICIICN
This Consent Order is entered into by the United States Environrrental
Protection Agency (EPA) with Celanese Corp::,ration (Celanese or Resp::,ndent)
pursuant to the authority vested in the President of the lhlted States by
Section 106(a) of the Carprehensive Environrrental Response, Ccr,pmsation,
and Liability Act (CEh"Cll'.), 42 u.s.c. ~9606(a), and delegated to the
Ad1rinistrator of the United States Environrrental Protection Agency by
Executive Order 12316 dated August 14, 1981, 46 Fed. Reg. 42237 ana
further delegated to the Assistant Administrator for Solid Waste and
l'rrErgency Response and the Regional Adrnir,istrators by EPA clelegation ~'os.
14-14 and 14-14-A, the latter of which was signed on April 16, 1984.
The Responclent agrees to undertake all actions required by the terrns arnl
ccnditions of this Consent Order. The Resp::,ndent. also conser,ts to and
will not contest EPh jurisdi.ctiot1 re;2.rding tl-,is Consent ()rel.er. Resrondent
neither admits nor denies the Findings of Fact, Conclrn'.ions of Law and.
Determinations herein; ho..1ever, Respondent ac:rees ;,,ot to challenge these
findings for purposes of this Co0_sent Crder. The Resp::,ndent reserves all
rights it rray have to object to or =ntest any allegation of violation o:c
this Consent Order.
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II . S'I'ATINE'l'TI OF PUFFOE:,'
In e,,tering in::.c t.his Consent Order, the mutual. objectives of EPA anc
Celc.ri.cse &r:~: ( l) tc deterrcd.ne fl.:lly tJ:_e 112.tu.rc c_nd extent of tl1e threa.t
to the public healtli or welfare or the Environment caused by the release
or t.hreatenecl_ release of h2.ZZ.rcicus substanc9~-, rollr:-t.cints, or o:::::nt2rl1.:i..nants
£ran the Celanese Fibers Operations Site (Rerredial Investic_;<ation), and (2)
to evaluate altern2.tives for tr.e c.pprq,riate extent of rer.edi2.l action to
prevent or mitigate the ll'igration or the release or threatenec1 release of
hazardoul" substances, pollutants, or =ntarr.inants from the Celanese Fibers
o1oerations Site (f'easibili.t:; Stu6y). The activities conducted pursuant
to this Consent Order are subject to approval by EPA and sJoall 1:e consistent.
with the t,ational Contingency Plan, 40 CPR Part 300.68(a)-(j) (,,7 Federal
Register 31180 (July 16, 1982), revised at 43 Federal r;eqister 40658
(fepte,iber 8, 1983)).
III. FTh1Dn:GS OF Fl'-.cr
EPA has detenninec'c that all findingE of fact necessary for the issuance
of this Consent Order pursL,ant to Section 106(a) of CFRCIA have been mode
and are outlir.ed rel=.
A. The Celanese Fibers Operations Site (site) is approximately 450 a.cres
and is located in Clevelanc. County on North Carolina Highway 19'3
approm,ately 2 rail.es 2outh of Patterson Springs, Porth Caroline.
and 1 mile North of Earl, North Carolina ..
B. 'Ihe Resporu'ent is a Delaware Corporatioo and is the current o,mer anc'
operator of the site.
c. The site has been proposed for inclusion on the National Priorities
List as defined in Section 105 of CERCIA, 42 u.s.c. §9605.
D. Celanese r,as J:een r.onitoring the s-.z-01.mdwater since Cctober 1981. A
hydrogeologic evaluation was alsc made.
E. Sa'Tple results indicate that there: is the presence of hazardous
substznces in the envirornrent. TbJ.s analytical data is presente6 in
thc F!erred.i.al Investigation/Feasibility Study ~:brk Pl2n nttache<'1.
hereto and incorporated herein as ATIACh'MFNI' rnm.
F. Significant exposure to the said hazardous subsL.nces ;,ey cause
illness, disease, dee.th or other harmful effects to plant, aniiral
life anc1. hurrarn;.
Ci. S\1rface drainage is eastwarc, w:, th fla.,· c,i vidin9 tc the Northeast anrl
2cutheast to intercept two uru1.arred tributaries to Buffalo Creek.
n. The drinkino water supply of those persons in the area served by priv2ctc
and public water supply wells rrey be adversely affected.
• • -3-
IV. C'CHlUSICNS OF UJ;!
'l'he su:e is a :CaciEt:,' within the rrearing of Section 101(9) of CEF.CLt.,
42 U.S.C. §SEJ1(21).
':J,e Resp:,ncleni: :Ls a. r•erson cts defined in :'ect.ion 101 ( 21) of CERCU,
u.s.c. §9601(21), and as owner of tl,e site, c:m' as c: ~'.enerator of
hazar.Sous slii:'5tances, i". a re"l-'-nsiblz pr.,rty un<:'er Secticn 1,17 (a) ( 1)
and (a) (3) of C!".<:CU•,, 42 u.s.c. §9607(a) (1) a_n.d (a) (3).
C. The che:nicals discoverecI as describe<". in Paragraph E above are
"Hazard.cos Substances" within the meanin0 of Section 101(14) of CERCIA,
42 u.s.c. §9601(14).
I'-. '11,e presence of hazardous substances at the site, their past and
potential migration to surro.mding soils and gro.mdwater, rray constitute
both an actual release and threatened release within the meaning of
Section 101(22) of CERCIA, 42 u.s.c. §9601(22).
V. DEI'ER:''.INA'l'IONS
Based on the Findings of Fact and Conclusions of Lav.· set out al::ove, EPl\
has determine<l th'-t:
A.. 'l'he actual and/or threatened releas2 of hazardous substances frcr.i. the
Site rrey present an :imninent and sul:stantial endangerrcent to the
public health or welfare or the environrcert.
B. The investigations requ.irecl by t.1-\is Consent. Order arG necessary
to protect the public healtl, and welfare anC: the environment.
VI. PARTIFS BOUPI:
This Consent Order shall apply to and be 1.,inc15.ng uron t:he Respondent and
EPA, tJ1eir agents, successors, and assigns and upon all persons, contrcctors
and consultants actjng 1.mder or for P.ither the Respondent or EPi-'. or J:ot.h.
No change in a,mership or corporate or partners'r.ip status relating to t"he
Site w:i.11 in any way alter the status of ilie Respondent. or in any wa.l'
alter the Respondent's responsibility 1.mder this Consent. Order. The
Resp:mdent will rerrajn t11e Resp:mdent under t11is Consent. Order a.nd. wi.l}.
be responsible for carryin? cut all activities recruirGC' of t.1-ie ResponC::ent.
undET this Consent OrGer.
The Fes;:x:mdent shall pro,·id2 a mpy of thL CcnseJ1t. Order to all contract.en:.,
su"b--<,ontractor.s, lalx:,ratories, anc1 consultants retained to conduct any
• ._ I"" l; -, ' I . ' -, • o port:i.on o,: ilie wor .. perfonneet pursuant to this Conse•1-.:. Oroer wittin
fourteen (14) calendar days of the effective datE, of tJ1is Consent Order
or date of such retention, w11.ic.heve1.-is applicable.
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VII . NOTICE TO '11":E STATE
The re0d.re,.--.cnt of Section 106(a) of CFP.ClA to nctify t.he ,::;tate of North
Cc.rol2.na has bee!l. sat isfiec1.
VIII. \'DPK 'ID EE PERFOf;t;Ill
/1.11 ,,orL perforrred pursuant to this Consent Order sr.2.ll Le LTider t.he
direction and supervision of a qualified prcfession2,.l engineer, or certif!_e<·,
geologist w:i:th expertise in hazarc1ous waste site clean-up. The Resrcndent
sh.ell notify EPA in writing regardins the name, title, and stialifications
of r.uch engineer, or geologist and of any oontractors and/or subcontractors
to be used in carrying out the terms of this Consent Order.
Based on the foregoing, it iE hereby l\G!'.EEL 'ID l\ND G8DERED that the
follo.ving work shall be perforrrecl:
A. The Pesp:,ndent shall implement the tasl~s detailed in t11e 1"-etredial
Investioation and Feasibility Study Work Plar, (RI/FS Hork Plan) which has
been approved by EPA and i.s attachea to and inoorrcrated in this Consent
Order (Attachrrent 1). 'lliis v,ork shall be conducted in acoordance with
the EPJ\ Rerredial Investigation and Feasil:ility Study guidance docurrents
and with the standards, specifications, and sd1eclule contained in the
RI/rs Wor1<: Plan.
B. l\s of the effective date of this Consent Orc,er, the 1-es]X)ndent has
ccmnenced and agrees to continue work under and in a.coordance w:i:tl-,
the P.I/FS work plan.
C. The Resp::mdent shall provide rronthly written prcx;ress rep:,rts to EPP,
accon,ing to the schedule oontainec1. in the P.I/FS Work Plan. At a
minimum these progress rep:,rts shall: ( 1) describe the 2.ct:i.01"s
which have been taken tewnrd ac.hieving ccrnpliancc v:ith this Consent
Order, ( 2) include a sumrrary of all sampling and testing results
and all ot.'ler data received by the Respondent, and ( 3) incluc1E,
all plans and procedures ccr.pleted sul::seguent to EPA approval of the
RI/FS Work Plan, durin,; the past rronth as well as such c:ctions, data,
and plans which are scheduled for the follo,d.ng rronth. '111ese re,Drts
are to be submi ttecl to EPA by the tent11 day of each rconth follo,;ing
e-,e effective date of t.'lis Consent Order.
D. 'l'he F'es1xndent shall prov:i.ne prelil1'inary and final rep:,rts to EPi,
according to tJ1e schedule contained in the PI/FS Work ?lan.
E. EPA sr.all review t11.e prelim'i.nary anc final reports and within 30
calenn.ar cays of receipt ::,y EP1' of such n,r:orts, EPA shall notify the'
FesF()ndent in writing of EPA' s approVc,l or clisapproval of t11es"'
rer:orts or ai,y part thereof. Iri the event of any nisapproval, r.PI.
shall specify in writi.nCJ botl1 the deficiencies and the reasons for
suc1-. rlisapproval.
• • -5-
F. \·,i thin 30 e&lemlar days of n,cei1,,'t of il'l, notification of preli.Jnj.11cr1
or final rer--c,rt disapprcV2.l, the P_esp:mdent-. F-"hall anE:nd and subn1it '!:o
EP.A such revised rer:orts and p,erform c~ny aOditional studies pursuant
to ?Fi:. review. In tiw event cf 0.5_sapprcval, EPI,. retains the right to
?.neD0. such rerorts, to perforr:"! additional studies, and to conduct 0.
cc.r0plete Per•:edi,,l Investi,::iation and Feasibility Study pursuant to its
authority under CE:PCI.A.
C. D:··cu.f!'ents, including report_s, app~:-ovals, Ciisapprovc:ls, ar1c7 ether
corresponc1ence, to be subrd.tted pursuant to this Consent Order, shall
be sent by certL=ied r.ail to the follo.<lng addresses or to such r.,ther
addresses as the Respondent or EPA hereafter ITEY c1.esignate in writing:
1) i:'ocurrents to be sulFitte<': to EPI'. should be sent to: (5 COfies)
Gena D. Townsend
Enforcerrent Project Manager
U.S. Environrrenta.l Protection Agency
Region T'l
EF.PB/ICS
345 Courtland Street, LIB
Atlanta, Georgia 30365
2) Docurrents to be subrnit\:ed tc the P,esponclent should be sent to:
James C. Pullen, Mana.ger
Environrrental Affairs
Celanese Fibers ~rations
P.O. Box 32414
Charlotte, Horth Carolina 28232
H. EPA or Respondent IPay determine that tasks, inclucling rerredial
investigatory v,ork and/or engineering evaluations, are necessary as
part of a Remedial Investigation and Feasibility Study in addition to
EPA-approved tasks and <leli verables, inclurli.n,, reports, ,mi.ch have
r-een canpleted pursuant to this Consent Order. Subject tc tl-ie "Dispute
Pesolution" Section (Section XIV) of this Consent Order, the Respondent
shall implement any additional tasks which EPA detennines are necessary
as part of a P.erredial Investigation and Feasibility ftL,dy and ,.hie.½
are in addition to the tasks detailed in the RI/FS viork Plan. The
adclitional wor1, srall ce ccmpl<ctecl in accordance vlith the stancJ2rcls,
specific-.ations, ancl echedule determined ct" approved by EPI,. Up::,n
written asreerrent of the parties, tJ1is Consent Order =Y he arrendeo. as
necess;:ey as part of the t.I/F'E. tc; address such investil}ations or
studies not =rently adclressed.
I . EPl, a.grees to neet wi tJ1 F esponaent for discussion of any natter arisin.f'.::
out of tl1is Consent Order at a ti.r.e and pli'lce asreed upon by EPA anci
Fesrnr..dent.
• • -6-
IX, DESIGNATFD PRCJECT 1''1\J('AGEP.5
CJn or l':>8fcre i.:,,e effective date o" this Consent Order, EPA and the Resr:ondent.
sh;c,ll eacr, clesi<'.!Yln.te a Project Hanac;er. Each Project 1-'.anager shall be
reci:onsible for ovecrseeJ.n:: tJ--,e jrpl.-.n-entat i.0,1 of this Consent Order. The
EPA Project '1anac;er ,-li.ll be EPi'.'s designated representative at the Site.
To t.h,;, rcaxi.J,1w:1 extent p:,ssi1,le, cor:-i.1L'nica.tior,s between t>ce P.espondent ,-•nd
EPP. and 2.11 docur,ents, includinc,-rep:,rts, apJCrovals, ar,cl. other corresponder,c:e
coneentlng the activities perfcnreC. pur£.uant to the terms and conclitions
of this Consent Or<"er, shall be cirected through the Project ~'anagers.
EPA and the Reqondent each have the right to change their respective
Project Manager. Such a change shall be accanplished by notifying the
other party ir, writing at l<ea.st five calendar c'iays prior to the cJ·iange.
The EPA designated Project Manager, shall have the authority vested by
the ~1ational Contingency Plan; 40 C.F.R, Part 300 et seq., 47 Federal
Register 31180 July 16, 1982. This includes the authority to halt,
=nduct, 0r direct 2Jli.' tasks required by this Consrn1t Orc'er and/or 2ny
response actions er portions thereof when =nditions prese.nt an imrediate
risk to public health or welfare or the enviro11JTent. Whenever posesible
EPA will provide notice to P.espondent ,;rior to taking any such action.
The absence of t..he EPA Fepresenta.tive frac the Site shall not be cause
for the stoppage of work.
X. (IJALITY ASSL'I'J\NCE
'Ihe Respondent shall use quality assurance, qllie.lity =ntrol, a!'d chain of
custody procedures in accordance wi t..h rp;, Regicn IV Envirorn-enta.l Services
Division Standard Operating Procedures l".anual tr.roughoot all sarrg:,le
collection and analysis activities. 'This nar.ual shall he provided to the
F.espondent by EPA. The P.espondent shall oonsult with EPA in planning
for, and prior to, all sampling and analysis as detailed in the FI/FS
Work Plan. In order to provide quality assurance and rraintain ei.uality
control regarding all samples collected pursuar.t to this Consent Cr,:~er,
the Respondent shall:
A. Ensure that E'PA personnel and./or I'PA aut..horized representatives are
allc:Med. access to the laooratcry(s) and personnel utilized i,,, the
P.esr-ondent for analysis.
E. Ensu:ce that the laborab,ry(s) utilizer~. by the Fes;:ondent for analysis
perfon~ such analysis according to EPA mstJ--.ods or rrethods cleerrE<l
satisfc.ct.ory to EPA ar..d subn~t all protocoJ.s to i)e user1 for .:=]lldlysis
to EPA at least 14 e2.lenc3ar clays prior to the COIT'rrl?ncerrent of analysis.
• •
-7-
C. Ensure that laboratory(s) utilized by the Resp'.:mdent for analysis
rerticipate inc. E?A quality 2~surance/quality control program
equivalent to t11at which is followed by EPA anc. ,irci.ch is =nsistent
\<'2-th FP~-docurrent (.'At-·'2-005 / ~10. As part 0£ snch a proaram, and up:m
requP.st by !':PA, such la"torator_,r(s) sr,c1.ll perform analysis of samples
~)rovided b:{ EE\ tc) derrcnstrate t:-1e r;'Ua.lity cf ~ch lal:orr:ttory 1 s
analytical. data. "A rraxin.un annual nwnh.er of four per =alyticaJ.
ccrrbinaticn: E..9., fc,u_r ac:rueous samples r;:~ GaE C:hroHoto;raph//tvB.ss
Spectra-retry, four soil/ sscLi.ment sarrples by C-as Chrcxnatography /tiass
Spect.rcxr.etry, etc. may be provided to each laboratory for analysis.
XI. SI'IE ACCFSS
Tu the extent that the Site is presently a,med by parties other than
tl1c'Se ro.md by this Consent Crder, the h:,sp:mdent has obtained or will
use their best efforts to obtain site access asreements frorr. the present
owners ,r.i.thin 30 calendar days of tl1e effective date of tlois Consent
Order. Such agreerents shell provide reasonable acct,ss to I'PA and/or its
authorized representatives. In the event tllat site access agreerrents are
not obtained wi t.'lin the tirr'E' referenced above, t:,_e Respon°ent shall notify
EPA regardin9 l:oth the lack of, and efforts to obtain, such agreerrents
withi_n 30 calencar days of the effective date of thic-Consent Order.
XII. Sl'MPLll:G, ACCESS, AND DATA/IXX'.""~ A\IAIIAFILITY
The Respondent shall r:eke the results of all sampling and/or tests or
other data generated by the Respondent, or on the Respondent's tehalf,
witl1 respect to the :i.mplarent-.ation of this Consent Order, available to
EPA and shall suhnit these results in nonthly progress repcrts as described
in Section V'III of tltls Ccnsent Order. EPA will rrake available to the
Respondent the reselts of sampling and/er tests or other data siFilarly
generated by EPA.
At the request of EPA, the Pespcndent sha.11 all.cw split or dnplic.?.te
sanples to 'ce taken by EPA an.d/or its authcrizee. representatives, or any
samples collected by the Respondent pursuant to the :i.mplarentat:ior, of
this Consent C'Tde1·. The Fesp:m,~ent shall notify EPA :1ot .less than 72
hours in advance of any san,_t)le =llec:t:i.on activity.
EPA and/or arry EPA authorized represente.tive sha.ll at leact have the
authority to enter and freely rrove &lx-ot all property at the S5_te at all
reasonable tiJnes for tlle ptL-i:-poses of, inter alic: .inspecting records,
cperating loqs, ana =ntracts relctted to the Site; revie-i.ng the prasress
of the :-'espondent in carrying out t!:-,e tenns of this Consent-. Order;
conducting suer, tests as EPA or U,e Project Cocrdim:.tor deem necessary;
• •
-8-
using a cau,ra, sour>.cl recnrding, er other docurrentary ty}-'e equiprrent; and
verj_[-yi.r,s t.1.1€, dat2. subl"itted t,, £PA by the Pes:rondent. 111e r.esp:mdent
shall permit such persons to inspect and cop~/ all records, files,
photograr,hs, doc.urrents, and other writi.ncis, inckding all sampling and
rrnnitcring cata, in i'l.DY way !)ert.air.inCJ to wcrk uncert.aken pursuant. to
t~"'Js Consent. Orc:er. .ZJ_l parties v-;-i i.:h access to the S:i.te pursuant to tl-iis
paragraph shall ccrrply with all approved health and safety plans.
'I'he Pes_rc,nder,.t r:·ay assert a confidenti.ali.ty claim, if appropriate, covering
pa.rt or all of the inforrration reqi1ested by this Consent Order pursuant
tc 40 C.F.R. §2.203(b). Such an asszrtion shall be adequately substantiatec'
when the assertion is rrade. l'.nalytical data shall not be clairred as
confidential by the Respondent. Infonration deterinined to be conficential
by EPA will be afforded the prctection specifiecl in 40 C.F.R. Part 2,
Subpart B. If no such claim acccrnpanies the infonntion vihen it is
submitted to EPA, it nay be r;ade available to the public by EPA without
further noti.ce to the Respondent.
XIII. RECORD PRESERVATICN
EPA and the Respondent agree that each shall preserve, during the penc'ency
of this Consent Order and for a minimum of six (6) yea.rs after its
termination, all records a11d dccur·ents in their possession or in the
possession of their divisions, employees, agents, accountants, contractors,
or attorneys which relate in any way to the Site investigation, despite
any docur;ent retention policy to the contrary. After this six year
peri.od, the Respondent shall notify EPA within 30 calendar days prior to
t11e destruction of any such documents. Upon re:Juest by EPA, the PE-spondent
shall make available to EPA such records or copies of any such reccrds.
Additionally, if f:Pl' requests that sane or all <'ocurrents be preserved for
a longer J:,€riod of time, the Respondent shall canply with that request.
XIV. DISPUTE REEOUJTIQ'J
If the Resi;xmdent objects to any EPA notice of disapproval. or d-scision
made pursuant tc this Consent Or0er, the Respondent sh2.ll notj_fy EPA in
writing of its objections within fourteen (14) days of receipt. of the
decision. EPA ancl. tl1e f'.espcndent tJ1en have an ad0itional fourteen (14)
clays from the receipt by EPA of the notification of objectior. to reach
agreement. If agreement cannot be reachec on any issue within this
foe1rteen (14) day period, LF/l. shall provide a wrj_tten staterrent of its
decision tn the Resron6ent.
• •
-9-
X'J. DEil,Y n: PI?F0:"'1':n:cr/ STIPllIP.'l'ED PEL<ALTIES
If a.n:y event occurs v/l'}icl:: causEce clelc:.y ir. tr~e achieverrer!.t of the requirer.Y~rits of tr.is C::inscnt Order, tl:,e F'esr.:onc3.ent shall hc,ve the :curden of proving that the delay was C2'.usecl. by circur,1ctances 1:eycnd the reasonable =ntrol cf the Respondent which could not have been overcorr.e rt{ a,,.e rJilisence. 'I'he F.es;_x-ndent shall 1:.racptly notify pp;:,_' s Project Q:,ordinator orally an•:l shall, wi ·t.',in sever:·. ( 7) calenc;2.r days of oral notification tc EPA, notify EPA in writing of the anticipated lenc,th and cause of the delay, the rne2sures tal<.en arid/or to be tc'.ken to Frevent. or min.in,ize the deJ.ay, and tl-\e tirretable by which the Pesponc1ent intends to implerrent tl-iese rceasures. If t.1-ie parties cari agree that the delay or anticipated delay has be,m or will be caused by d.;:-cmrstances beyond the reason&ble control of the Respondent, the tirre for perforr.ance hereunder shall te extended for a period ecrual to the delay resulting from such circwrstances. The Respondent sr,alJ. adopt all reasona.ble rreasures to avoid or rrinimize delay. Failure of the Respondent to canply with the notice requirements of thls paragraph shall rencier this paragraph void and =nstitute a waiver of the Resp:mdent's right to request a waiver of the r€!0lirerrents of this Consent Order. Increase:'\ costs of perforr.ance of the terms of this Consent Order or changed e=nanic circumstances shall not be considered circumstances beyonC: the =ntrol of t.he Respondent. In the event that EPA. and the Respondent cannot agree truat any delay in the achievement of the requirerrents of this Consent Order, inclt:.ding the failure to sumit any report or doCUirl'mt, has been or will te cause" by circurrstances beyond the reasor.able control of the Respondent, the dispute shall be reE,olved in ac=rdance witJ1 the provisions of the "Dispute Resoll:tion" Section (Section X:::V) of this Consent Order.
For each week that the Respondent fails to submit a report or document required by the Work plan or 0.1o.lity Asssurance section or othen..~se fails to achieve the requirecents of this Consent Order, and fails to carply with the notice requirerrents in the al:ove paragraph the Respondent shall pay into the United States Treasur:', the sums set forth belo,,, as stipulated penalties. Checks should be addressed to:
U.S. Environmental Protection F,gency
Superfund Acccur.ting
P.O. Pox 37100:l\
Pittsburgh, PA 15251
Attn: (Ccllection Officer for Superfm1d)
Stipulated penalties shall accrue in the anount of $1,000.00 for t.'le first weP.1: and $2,000.00 for eacl1 week thereafter for failure to subrat a deliverable or comply with a schedule as requ:i.re<.1 by this Consent Order.
Tr,e stipulated. penalties set forth in this Section do not preclude EPA frcxn electing to pursue any otJ·,er rercec1ies or sanctions which may be available to EPA by reason of tJ1e Pesp::indent 's failure to CC!Jl'.'lY with any of the requirements of this Consent Ord,er. Such remec;ies and sanctions
• • -10-
include a suit for statutory penalties 2.s authorized by 8ection 106 of
CERCU-., a fr,derally-fundec!. response acticn, and a suit fer reiirl:ursanent
of cost incurred by the Uni.tee States and the E'tate of North caroli.P.a.
Any rer::c)rts, plar!s, sp::cifi.cat.ions, sche-:J.ules, and attaclirrents required
by this Consent Cn1er are, up:,n ar,proval 1:,y EFA incoqorated i.n this
C',onsent Cr0er. Any non-canplio.nce with such F?P.. approved reports, plans,
specifications, schel'lul'Os, ;ind attachrr.ents Phall be cons4.d.erecl a failure
to 2.chieve the rec,uirenents o.f' this Ccnsent Orcler ane ,,ill. sur,ject the
Pesrcnc1ent to the provisions included in this f,,cticr, c.f, at:ove.
),.'VI. PESERVATIC'!'' OF FIGHTS
Notwi tlostanding ccmpJ.iance wi.th the te= of this C',ansent Order, i.r,cl.uc:in9
the COPpleti.on cf an LP;, approved Ferredial Investigation ane Feasibility
Study, the Respondent is not released fran liability, if any, for any
actions teyona the terms of this Consent Orc'.er taken hy EPA respecting t,'-ie
Site. FPA reserves tJ1e right to take any enforcerrent action pursuc>nt to
CEFCLA and/or any avai.lchl.e legal authority, incllldins the right to se,ek
injunctive relief, rronetary penalties, and punitive damages for fill'J
viclaticn of law or this Consent Orc1.er.
The PesfX)l1dent, and EPA expressly reserve all rights and defenses that
they r.ay have, includins EPA' s rigJ,t boili to disapprove of work perfomecJ
by the Respondent and to request that ilie Responder·,t. perfonn tasks in
addition to thrnae deta.iled in the FI/FS W:>rk Plan, as prcvid,ed in this
Consent Order. In the event that ilie Respondent declines to perform any
additional and/or rrodified tasks, EPA will have ilie right to undertake
c>IT'f reiredial investic;ation and/or feasibility study work. In additicn,
EPA reserves ilie right to seek reirnburse.rrent from ilie Respondent thereafter
for such ccsts i.n=red by ilie United States or ilie State of Norili Carolina.
The Respondent reserve any rights it nay have to witJlhold any dOCLLnent or
record which i,;, atorney-client or attorney work product privileged under
Federal, State or ccmron law and will provide EPA instead with a description
of sud, r,,aterial anc1 su,:stantiation of the claim-of pri vil~e. EPA
reserves all rights it r.ay have to seel<. to carpile the production cf
rraterials so withheld.
XVII. REIMBURSEMENT OF COSTS
At ilie end of each fiscal year, EPA shaJ 1 subrrit to ili.e Respondent an
acccunti.ng of all respons~' and oversic:rht costs incurred by tJ1e U .s.
C'-overrtl:>?nt V!i tl• respect to this Consent Order. The Responc1ent shall,
\.'ithin 60 calendar days cf receipt of that accounting, rerrit a chech fer
the amcunt of those costs r.ade payable to the P~r,1ous Sutsta.nce F,esponsc:
Trust Fund. C'hecks should specifically refe:-ence tlK, i,,entity of ili.e
site and be addressed to:
• •
-11-
U.S. Environrcental Protection l.gency
Superfund Accounti.119
F.O. Pox 3710031•'
Pittsburgh, FA 15251
Attn: (Collection Officer for Superfunc:)
[A cq:,y cf the transc,_,ittal letter shoulc'. be sent to the Project t'.anac,er. J
EPJ.!.1. reserves tl1€ right to Cring-an action aga:i_nst tb.e FesIXJnC.en.t r•ursuant
to Section 107 of CERCU\ for recovery of all response and oversight costs
incurred cy the United State~. and the State of Forth Carolina related to
this Consent Order and not reirrbursed by the Resrondent, as well as any
ether past c:.nd future costs incurred by the United ftates and the State
of North Carolina in connection with response activities conductec: pursuant
to CERCI.A c,t tJ1is site.
XVIII. 0I'EER CIAI~B
Nothing in this Consent Order shall constitute or be constn1ed as a
release fran any claim, cause of action or derrand in law or equity against
any person, firm, partnersr.ip, er coq:oration not a signatory to tJ1is
Conser,t C!rder for any liability it may have arising out of or relating in
any way to the generation, storage, treatm=nt, handling, transportation,
release, or dispcsal of any hazardous substances, hazardous wastes,
pollutants, or contaminants found at, taken to, or taken from the Site.
This Consent Order dces not constitute any decision on preaut.horization
of funds under Section lll(a) (2) of CEPCTA.
XIX. CJIHEF: APPLICABLE U.l•iS
1\11 actions required to be taken pursuant to this Consent Order shall be
undertaken in aocordance with the requirements of all applicable local,
state, and federal laws and re<culatior.s unless an exerrption from such
requirments is specifically provic1ed in this Consent Order.
XX. ThlDEMNIFICATICN OF THE UNITED STATFS GOVERNMilIT
The RespondP.nt agrees to ir.c1El7!11ify and sa,,e and hold the l'.nitecl States
Governrrent, its agencies, depar~nts, agents, and an:f;loyees, harmless
frcn any and all cla.ims or causes of action arisir,·0 from or on accOL:nt of
acts or emissions of the F:esp:,nc1.ent, its officer!?, ertF·loyees, receivers,
tn1stees, 2.gents, or assisns, in carryin" out the activities pursuant to
this Consent Order. EPA is not "· party in any contract involving the
Fespondent at t11e site. Resro.-:dent shall retain al.l rights otherwise
provided by law it h2.s not S:'€Cificc:lly sr;t forth j_r,. the ac;reenent.
• • •
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x;,:1 • PUELI C CXM''Et·lT
l.~n s:..~brrJ.ttal tG EPP. of an a.Fproved Ff.:asi"l.-.-ility Study Final Fep::,rt, r:PI·'~
shall make ooth t11e :<ercedial Investisation Final P.efOrt and the Feasibility
Study Fina.I P2rort av2.i.lahle to t.1-ie public +:or review and ccmnent for, ut
a r:unifil1rn, a twenty-one (21) day period, pursuant to EPA's Ccr.munity
Relations Polic;1. J"olJ.o,.ri.n'.J tl1e public revie.-, a.nd coc,,rent reriod, EPA
shall noti.[y the Respcnc'ent w'nic,h ren-edial action alternative is approve<:'.
fc,r tl:e site.
,vTT ""-'-~. EFFECTIVE DATE Al-Jl) SUBSE()UEI\T t:ODIFICATION
In consideration cf tl,e ='r.ications bet.,._.een the Respondent and EPA
prior to tJ-,e issuance of this Consent Order concerning its ternis, the
Respondent agrees t11at iliere is no need for a settlerrent conference prior
to tile effective date of this Consent Order. Therefore, t.'le effective
date cf this Consent Order 1,hall be the date on which it is signed b.f EPA.
'!his Consent Order nay be mx1ified by nutual agre-errent of E:PA and the
Resr:.ondent. Such nndifications shall be in writing and shall have as the
effective elate, tJ-,at date on which such m:xlifications are signed. by EPA.
No infonral advice, guidance, suggestions, or CCTi1ITl211ts by EPA regarding
rerorts, plans, specifications, schedules, and any other wr<.ting submitted
by ilie Respondent will be construed as relieving tile Respondent of its
obligation tc obtain such fornal approval a.s nay be required by this
Consent Order.
XXIII. TEPMINATI()}7 AND SATISFAC:.'ION
'!he provisions of this Consent Order shall be deerrsd satisfied L,p:m the
Fesponclent' s receipt of ¼Ti tten nc,tice fran EPA. that the Respondent has
deironstrated, to the satisfaction of EPA, that c.11 cf the ternis of tl1is
Consent Order, i.nclu0ing any additional tasks which EPA has determined to
be necessary, have been canpletec'l.
IT IS SO l,GJ::EED ACD OF.DERED:
By: ~(~Ce-_~laJ-1e_s_·e~),----------------
By: -,J,...a-c""'r.---=E,....---=Ra-van-.-------------
P.edonal A~ministrator
Region rv
U.S. Envirom1EC·ntal Protecticr, Agency
Effective Dc,te: ---------------
Iate
Iate
\ • -:5 )A A-w) ~ ·· J, /,1., . • L.,'i:.~--~?-
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
MAR 10 1986 ·
41;1>-ER
CERTIFIED ~JAIL
RETIJFN RF.cEIPT REOJFS'I'ED
Ms. Susan Y.ngelrran
Celanese Coq:oration
1211 Avenue of the Arrericas
Ne,, York, New York 10036
REGION IV
345COURTLANDSTREET
ATLANTA, GEORGIA 30365
\ I
FE: Celanese F.i.bers Corr-oration
Shelby, lbrth carolina
Dear Ms. Engelnan:
Enclosed is an exea:iterl copy of the Adrn:i.n.i.strat.i.ve Order by Consent
(Consent Order) for the above referenced site.
Regional AdrPin.i.strator
Enclosure
cc: William Meyer, NC Solid & Pazardous Waste
Janes c. PulJ_en, Environmental Affairs M3.nager
• •
UNITED S'l'ATES E1.1VIRONMENTAL PROI'ECrION AGE/JCY
REGION IV
/~Cfl~ ~,
'~
IN Th'.E 1'A'ITER CF:
1 CS'
/Qo -:i:.\
t.'.Afl.14~i1
. ---Celanese Ficers Or,erations Site
P.O. Pox 27
Shelby, North Carolina :::8150
Celanese Corpxation
1211 AveP.ue of the Arrericas
Ne.w York, NY 10036
REEPCNDENT.
Proceeding Under Section 106(2)
of the C.orrprehensive Environ-
mental Resp:mse, Ccrrpensation,
and Liability Act of 1980
(42 u.s.c. §9606(2))
U.S. EPA I'OCI'.:ET NO.
l\IMINISTPA'I'IVE OFDER ON CXlNSFNT
I. JURISDICTION
'
This Consent Order is entered into by the United States Environmental
Protection Agency (EPA) with Celanese Corr:oration (Celanese or Resp::,ndent)
pursmmt to the authority vested in the President of the United States by
Section 106(a) of the Carg::,rehensive Environmental Resp::,m:e, Cor,pensation,
and Liability Act (CEh'CLA), 42 U.S .C. §9606(a), and delegated to t.he
Ad1ci.nistrator of the United States Enviro=..ntal Protection Agenc,.z by
ExE'cGtive Order 12316 dated August l.4, 1981, 46 Fed. Reg. 42237 and
further delegated to the Assistant Administrator for Sol.id Waste and
Prrergency Res1:onse and the f'egional. /\dmiPistrators by EPA d.elegation t1os.
14-14 and 14-14-A, the latter of which was signed on April 16, 1984.
The Respondent agrees to undertake all actions required by the tenns ancl
conditions of tJ,is Consent Order. The F.esp::,ndent also consents to and
wil 1 not cont.est EPA jurisdiction regarding this Consent Order. Respondent
neither aclmits nor denies the Findings of Fact, Conclusions of Law and
!:€terminations herein; hcwcver, Respondent a9rees not to challenge triese
findings for purfOses of tJ1is Consent Order. '!he Resp:mdent reserves all
rights it ma.y have to object to or contest any allego.tion of violation of
this Consent Order.
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II. S'TAT&IENT. OF PURFOSE
In entering into this Consent Order, the rrutual objectives of EPA and I
Celanese are: (1) to determine fully tJ1e nature and extent of the threat
to the public health or welfare or the Environment caused by the release
or threatened release of ha2ccrdous cubstances, pollL~t;,mts, or =ntand.nants
£ran the Celanese Fibers Operations Site (Rerredial Investigation), and (2)
to evaluate alternc.tives for the appropriate extent of rerredial action to
prevent or mitigate the migration or the release or threatened release of
hazardous substances, pollutants, or contarrinants from the Celanese Fibers
o1ierations Site {Feasibility Stuoy). The activities conducted pursuant
to this Consent Order are subject to approv-al by EPA and sr,all l::e consistent
with the t,ational Contingency Plan, 40 CFR Part 300.68{a)-{j) {47 Federal
Register 31180 {July 16, 1982), revised at 4B Federal ~egister 40658
( Fepte,iber 8, 1983)).
III. FINDINGS OF FACr
EPA has detenn:i.ned that all findings of fact necessary for the issuance
of this Consent Order pursuant to Section 106{a) of CERCIA have been m,de
and are cut.lined l:elo,1.
A. The Celanese Fibers Operations Site {site) is approximately 450 acres
and is located i.n Cleveland County on North Carolir,.a Highway 19,3
approx.i.rc,a.tely 2 miles South of Pc,tterson Springs, north C-J.rolina
and 1 mi.le North of Earl, North Carolina ..
B. 'Il1e Fesp::,nc1ent is a Dclaw-are Cori_:oration and is the current a,mer and
operator of the site.
c. 'Ihe site has been proposed for inclusion on the National. Priorities
List as defined in Section 105 of CERCIA, 42 u.s.c. §9605.
D. Celanese J·,as teen r.onitoring the groundwater since Cctober J.981. A.
hydrogeologic evaluation. was also made.
E. s,,_'!I-'le results indicate that theJ'."e is the presence of hazardous
substances in the environment. This analytical data is presented in
th.: F!erredi.al lnvestigation/Feasibility Study Work Pl2n attached
hereto an.d incorporated herein as A.TTACb't-'JENI' ONE.
F. Significant exposure to the said ha?.ardous substances 1eay cause
illness, disease, death or other hannful effects to plant, animal
life ancJ. hurrans.
G. S'urface drainage is eastward with flON c1ividin9 to the Nortl1east anc:1.
SoutJ1east to intercept two unnarred tributaries to Buffalo Creek.
H. The ,1rinking water supply of those persons i.n tJ1e area served by private
and public water supply wells rray be adversely affected.
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IV. CONCLUSIONS OF IAW
!>.. 'Ihe site is a facility with.in the meaning of Section 101(9) of CI,,'RC:U\,
42 u.s.c. §9601(21).
B. Tne Resp:>ndent is a person as dt,fined in Section 101 ( 21) of CERCIA
u.s.c. §9601(21), and as owner of the site, and as a qenerator of
hazardous substances, is a resi::onsible party under Section 107(a) (1)
and (a) (3) of CERCIA, 42 u.s.c. §9607(a) (1) and (a) (3).
·c. llie chanicals discovered as described in Paragraph E al::ove are
"Hazardous Substances" within the meaning of Section 101(14) of CERCIA,
42 u.s.c. §9601(14).
J:'.. 'Ihe presence of hazardous substances at the site, their past and
p:,tential migration to surrounding soils and groundwater, rray constitute
ooth an actual release and threatened release with.in tJ1e meaning of ·
Section 101(22) of CFRCIA, 42 u.s.c. §9601(22).
V. DE.'I'ERMillA'l'IONS
Based on the Findings of Fact and Conclusions of I.aw set out al:ove, EPA
has detemd.ne<'l th;;,.t:
JI.. 'l"he actual and/or threatened release of hazardous substances fro:n tJ1e
Site =Y present an itmd.nent and sul::stantial endangerrcent to the
public health or welfare or tJ1e environrrent.
B. The investigations requirec by t.his Consent Order are necessary
to protect tl1e public heal.th and welfare and the environment.
VI. PAR'l'IF.S BClilll!~
This Consent Order shall apply to and be binc1ing uron the Respondent and
EPA, tJ1eir agents, successors, and assigns and upon all persons, contractors
and consultants acting t'11der or for either the Respondent or EPA or l:otl1.
No change in o.vnership or corp:,rate or partnership status relating to .t.he
Site w:i.11 in any l<'"dY alter the status of ilie Rraspondent or in any way
alter t11e Resrondent's responsihility under this Consent Orcler. 'Ille
Resp:mdent will renc:dn the Respondent under this Consent Order and will
be responsible for carryin9 cut all activities required of tl1e Respondent
under this Consent Orcler.
The Pesp:mdent s,1all provide a copy of this Consent Order to all contractors,
sub-contractors, lal:oratories, ancl consu.l.tants retained to =nduct any
portion of me wotk performed pursuant to mis Consent Order within
fourteen (14) calendar days of .the effective date of tJ1is Consent Order
or date or such retention, whic.hever is q.pplicable.
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VII. NITTICE TO THE 8rA'I'E
The reqd.rerent of Secticm 106(a) of CFRCLA to notify the State of North
Czrolina has been satisfied.
VIII. WJRK 'l'O BE PERFORMED
All v,ork perforrred pursuant to this Consent Order shall be under the
direction and supervision of a qualified professional engineer, or certified
geologist with expertise in hazardous waste site clean-up. The Resi:cndent
shall notify EPA in writing regarding the name, title, and qualifications
cf such engineer, or geologist and of any contractors and/or subcontractors
to be used in carr.ying out the terms of this C'.onsent Order.
Base-d on the foregoing, it is hereby J\GPEED TO l""'D OF!DERED that the
follo.,r.i.ng work shall be perforrred:
A. The I'esµ:mdent shall irrplement the tasks detailed in the P.erredial
Investic,ation and Feasibility Stucy Work Plar, (RI/FS Work Plan) which has
been approved by EPA c>nd i.s attached to and incorporated in this Consent
Order (Attachrrent 1). This work shall oo conducted in accordance with
the EPA Remedial Investigation and Feas:i.1:ility Study guidance docurrents
and with the standards, specifications, and schedule contained in the
RI/FS Work Plan.
B. l',s of the effective date of thi.s · Consent Order, the Fes)?Ondent has
camienced and agrees to continue work under and in accordance with
the P.1/FS work plan.
C. The Resp:mde,-it shall provide rronthly. written progress reports to EPA
n.coon~ing to the schedule containeo. in the RI/FS Work Plan. At a
minimtnn these progress rep'.)rtS shall: . ( 1) describe the c.ctions
which have been taken tcward achieving ccmpliance .wi. th this Consent
Order, (2) include a sumrrary of all sampling and testing results
and all other data received by the Resp'.)lldent, and (3) include
all plans and procedures corrpletecl sul::seguent to EPA approval of the
Rl/FS \"iork Plan, during tl1e past nonth as well as such actions, data,
and plar.s which are scheduled for the follo.v:i.ng month. 'l11ese repxts
are to be submi. tted to EPA by the tenth day of each rconth follcwing
tl1e effective date of this Conse..nt Orcler.
D. The Pesp:,ndent shall provi.rle preliminary ancl final rerorts to EPi\
a.ccording to the schedule contained in the P.I/FS Work Plan ..
E. EPA sr.all revie,; the prelimi.nary and final reports and within 30 I
calendar days of receipt by EP1' of such rq:orts, EPA shall notify the
_Fesrondent in writing of EPA's approval or disapproval of these :
rep)xts or any part thereof. In the event of any cisapproval, EPA
shall specify in writing ootl1 the deficiencies and the reasons for 1
such r.lisapprowil.
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F. Within 30 calendar days of receipt of EPA notification of prelirninar.1
or final rep:>rt disapproval,-the Respondent. shall amend and submit to
EPA such revised reports and perfonn any additional.studi.es pursuant
to EPA review. In the event of c!isapproval, EPI'. retains the right to
c>n-erid such reports, to per:f.o:rn, addi.tional studies, and to conduct a
carplete Rerredial Investigation and Feasibi.lity Study pursuant to its
authority under CERClA.
C. D:'Cl.urents, including reports, approvals, disapprovals, and other
oorresponc1ence, to be submi.tted pursuant to this Consent Order, shall
be sent by certi.fi.ed ITB.il to the follcwi.ng acldresses or to such other
addresses as the Respondent or EPA hereafter may designate in writing:
1) J:'ocwrents to be sul:xn.itte<': to EPA should be sent to: ( 5 copies)
C-.ena D. Townsend
Enforcement Project Manager
U.S. Envi.ronmentc>.l Protection Agency
Region N
EFPE/ICS
345 Court.land Street, LIB
Atlanta, Georgia 30365
2) D:>cwrents to be submitted to the Resrondent. should be sent to:
James C. Pullen, Manager
Environmental Affairs
Celanese Fibers q:>er-ations
P.O. Box 32414
Charlotte, tlorth Carolina 28232
H. EPA or Respondent ll'ay determine that tasks, including rerredial
investigatory \·!ork and/or engineering evaluations, are necessary as
part of a Rerredial Investigation and Feasibility Study in addition to
EP,~-approved tasks and cleliverables, includi.ng reports; which have
been canpleted pursuant to this Consent Order. Subject to tl:1.e "Dispute
Resolution" Section ( Section XIV) of this Consent Order, the Resp:-,ndent
shall implement any additional tasks \ofilich EPA detennines are necessary
as part of a Re.rredial Investigation and Feasibility Study and vihich'
are in addition to tr,e tasks detailed in the RI/FS Work Plan. The I
·acJclitional work shall 1::e cornpletecl in ac,corclance with. the stc1ncla.rcls:,
specifirf-:,_t.ions, and schedule determined or approved by EPA. Uj::on
written agreerrent of the parties, this Consent Order may be arrended as
necessa.1.y as part of the RI/PS to c>.ddress such investigations or
studies not =rently addressed.
I. EPA agrees to n:eet witl1 F.esrondent for discussion of any ffatter arising
out of this Consent Order at a tirr:e and place asreed upon by EPA and
FesJ_X>ndent.
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IX. DESIGNATED PROJECT 1-'!ANAGEP.S
On or before the effective date of this Consent Order, EPA and the Respondent
shall each designate a Project Manager. Each Project Manager shall be
resi;onsible for overseeing t.he implementation of this Consent Order. The
EPA Project M,mager will be EPA's designated representative &t the Site.
To the rrex:i.mum extent p::,ssible, corrrnt.mications between the P-espondent and
EPA and all documents, including reports, approvals, an<i other correspondence
concentlng the activities perfranted pursuant to the terms and conditions
of th.is Consent Orcer, shall be directed through the Project Managers.
EPA and the ResfOndent each have the ri9ht to change their respective ·
Project Manager. Such a change shall be acccrnplished by notifying the
other party in writing at lf:ast five calendar days prior to the change.
The EPA designated Project Manager, shall have the authority vested by
the i1ational Conti.n9ency Plan; LID C.F.R. Part 300 et seq., 47 Federal
Register 31180 July 16, 1982. This includes the authority to halt,
conduct, 0r direct arry tasks regui.red by this Cons0.nt Order and/or any
response actions or portions thereof when conditions presE'.nt an immediate
risk to public health or welfare or the environment. Whenever possible
EPA will provide notice to Respondent prior to taking any such action.
The absence of the EPA Represent?.tive fran the Site shall not be cause
for the stoppage of work.
X. (~JALITY ASSUI'ANCE
'Ihe Respondent shall use quality assurance, quality control, and chain of
custo::1y procedures in accordance wit.ri EPA Regicn N Environmental Services
Division Standard Operating Procedures Manual throughc:ut all sanple
collection and analysis activities. 'lhis manual shall be provided to the
Eespondent by EPA. 'l'ne Respondent shall consult with EPA in planning!
for, and prior to, all sanpling and analysis as detailed in the FI/FS
Work Plan. In order to provide quality assurance and rreintain suality
control regarding all samples collected pursuant to this Consent Order,
the Respondent shall:
A. Ensure that E'PA personnel and/or PJ'A aut.riorized representatives are
allo,,ed access to the la.boratory(s) and personnel utilized by the
Pesrondent. for analysis.
E. Ensure that the lal::oratnry ( s) utilized by the Res,:onclent for analysis
perfonn _such analysis a.ccon1ing to EPA. rrethods er, meti',ods deerne<l
sat.isfact.ory to EPA ar.d subIT'it all protocols to be used for analysis
to EPA at least 14 calen,Jar clays prior to the catim'ncerrent of analysis.
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C. Ensure that laboratory(s) utilized by the Respondent for analysis
participate in a EPA quality assurance/quality control program
equivalent to that which is followed by EPA and which is consistent
with EPA docurrent QA!'.'S-005/80. A.9 part of such a program, and upon
request by EPA, such laborator_{(s) shall perfonn analysis of samples
provided by EPA to derronstrate the ')llali ty cf each laboratory' s
analytical. data. A rraxim.un annual number of four per analytical
COl'binaticn; e.g., four aqueous samples by Gas Chronetography/Mass
Spectra-retry, four soil/sediment samples by Gas Chrcmat0c]raphy/Eess
Spectron-,etry, etc. may be provided to ea.di laboratory for analysis.
XI. SITE ACCESS
To t..r1e extent that the Site is presently aomed l.Jy parties other than
tlwse bound by t11is Consent Order, the Pespondent has obtained or will
use their best efforts to obtain site access a,;reerrents frorr. the present
o.<>ners ,r.i.thin 30 calendar days of the effective date of this Consent
Order. Such agreanents shall provide reasonable access to 1:PA and/or its
authorized representatives. In tl1e event that site access agreerrents are
not obtained within the tin-e referenced al:ove, the Resi:onaent shall notify
EPA regarding l:oth tl1e lack of, and efforts to obtain, such agreerrents
with!_n 30 calenc'ar days of the effective date of this Consent Order.
XII. Sl'MPLilTG, ACCESS, AND DATA/J:XX:UMENT A\IAIIABILITY
The P.espondent shall r,eke the results of all sampling and/or tests or
other data generated by the Responde11t, or on the Respondent's beha.lf,
witl1 respect to the implanent.ation of this Consent Order, available to
EPA and shall suhnit these results in monthly progress repxts as described
in Sect.ion VIII of this Ccnsent Order. EPA will make available to the
Resp:mdent the resl'lts of sarrpl.i.ng and/or tests or other data similarly
generated by EPA.
At the rnquest of i'PA, the Respondent shall all= split or dnplire.te
sarrples to r:e t.aken by EPA and/or .i.ts autllcrizee representatives, or any
samples collected by tlle Respondent pursuant to the implarentation of
this Consent G'rder. The Fesponc•ent shall notify EPA r,ot less than 72
hours in acl.vance of any sample collection activity.
EPA and/or any EPA authorized represc:mtative sha.ll at least have the
authority to enter and freely m:,ve aba.1t all property at ,.the Site at all
reasonable ti.Jres for the purposes of, inter alia : inspecting. records,
cperating logs, and contracts related to the Site; reviewing the progress
of the respondent in cerrying out the tern1s of this Consent Order;
conducting such tests as L'PA or the Project Coordinator deern necessary;
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using a carcera, sound re=rding, or other docurrentary type E.,quiprrent; and
verifying the data submitted to EPA by the respondent. The Despondent
shall perntlt such persons to inspect and copy all reoords, files,
photographs, documents, and other writings, including all sampling and
rronitoring data, in ar.y way pertair.ing to. work undertaken pursuant. to ·
t11.i.s Consent Order. All parties with access to the Si.te pursuant to this
paragraph shall carply with all approved health and safety plans.
'I'he respondent nay assert a confidenti.ali.ty claim, if appropriate, cov<::ring
part or all of the infomo?.tion req,.,ested by this Consent Order pursuant
to 40 c.F.R. §2.203(b). Such 2.n assertion shall be adequately substantiatecl
oihen the assertion is rrade. Analytical data shall not be clairred as
confidential by the Respondent. Infrn:rration detennined to be =nfidential
by EPA will be afforded the protection specified in 40 C.F.R. Part 2,
Subpart B. If no such claim aca:xnpanies the infonnation when it is
submitted to EPA, it may be rrade available to the public by EPA without
further notl.ce to the Responcl.ent. I
XIII. RECORD PRESER\'ATICN ;
I
I
EPA and the Respondent agree that each shall preserve, during the pend.ency
of this Consent Order and for a minimum of six (6) years after its
tennination, all records and docurrents in their possession or in the ,
possession of ilieir divisions, employees, agents, acoountants, contractors,
or attorneys which relate in any way to the Site investigation, despite
any docurrent retention policy to the =ntrary. After this six year
period, the Respondent shall notify EPA within 30 calendar days ·prior to
Ute destruction of any such doaurents. lJpcrL request by EPA, the Respondent
shall rrake available to EPA such re=rds or =pies of any such records.
Ac1.ditionally, if EPI'. requests that sane or all 6ocurrents be preserved for
a longer µriod of time, the Despondent shall ccmply with that request.
XIV. DISPUTE REfOllJTION
If the Responcent objects to any EPA notice of disapproval or decision
made pursuant to this Consent Orcler, the Bespondent shall notify EPA in
writing of its objections within fourteen (14) days of re.,ceipt. of the
decision. EPA and the Pespcnc1.ent tJ1en have an additional fourteen (14)
days from the receipt by EPA of the notification of objecti.or. to reach
agreer.ent. If agree:nent cannot be reached on any i.ssue within tJ1is
fourteen ( 14) day period, EPA shall provide a written statement of its
decision to the Resronc1ent.
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":s'V. DELAY IN PEPFOFJIANCE/STIPUIA'I'ED PENALTIES
If any event oc=s which causes delay in the achieverrent of the requirarents
of this Consent Order, the resrxmderit shall have the burden of proving
that the delay was caLJsed by circumstances beyond the reasonable control
of theP.espondent which could not have been overcome by dne diligence.
The Resp:;ndent shall prcnptly notify EPA's Project Coordinator orally and
shall, wi t.'lin seven ( 7) calenc;ar days of oral notification to EPA, notify
EPA in writing of the anticipated length and cause of the delay, the
mea.sures taken and/or to be taken to prevent. or miniwize the delay, and
the tirretable by which the Respondent intends to .implement these nlc'a~ures.
If the parties can agree that the delay or anticipated delay has beeq or
will be caused by d.;:-currstances beyond the reasonable control of the i
Respondent, the tine for perforrrance hereunder shall be extended for ·a
period equal to the delay resulting from such circumstances. The Respondent
sr,all adopt all :reasom>.ble measures to avoid or minimize delay. Failure.
of the Respondent to canply with the notice requirerrents of this paragraph
shall render this paragraph void and constitute a waiver of the Resp:mdent's
ri.<jht to request a waiver of the require.rrents of this Consent Order.
Increased costs of performc,nce of the terms of this Consent Ord_er or
change,l econani.c circurrst.ances shall not be considered circumstances
beyond tJ1e control of tJ-,.e Respondent. In the event that EPA and the
Respondent cannot agree that any delay in the achievement. of the requirerrents
of this Consent Order, incl.t,ding the failure to sub"rit any rer..ort or
dccurre_nt, has been or will be cause<'! by cirCUJrStances beycnd the
reasor,able control of the Resp:mdent, the dispute shall be ref".olved in
c1ccordance witJ1 the provisions of the "Dispute Resolution" Section (Section
XIV) of this Consent Order.
For each week that the Respondent fails to submit a report or docurrent
required by the Work plan or Quality Asssurance section or othen-.i.se
fail.e to achieve the requirer.-ents of this Conse>.nt Order, and fails to
carply with the notice reql1irerrents in the al:ove faragraph the Respondent
shall pa:, into the United States Treasury, the SlllIB set forth belo,, as
stipulated penal.ties. Checks should be addressed to:
U.S. Environmental Protection Agency
Superfund Accounting
P.O. Box 37100:'/l
Pittsburgh, Pl\ 15251
Attn: (Ccllection Officer for Superfund)
Stipulated penalties shall accrue in the anount of $1';000.00 for t.'1e
first week and $2,000.00 for each week thereafter for failure to sul:mit a
deliverable or c-omply with a schedule as required by this Consent Order.
Th,, stipulated. penalties set forth in t11is Section do not preclude EPA
from electing to pursue any otJ·,er rerredies or sanctions which may be
avail.able to EPA by reason of the Respondent's failure to canply with
any of the. n.'m!ireirents of thi~ Corment Orcer. Buch :rerred.i.es and 0a.nctions . .
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include a suit for statuto:r:y penalties as authorized by Section 106 of
CERCLA, a federally-funded response action, and a suit for reimbursErnent
of cost incurred by the United States and the State of North Carolina.
Any rep:-,rts, plans, specifications, schedules, and attach1rents required
by this Consent Or<1er are, upon approval by EPA incorporated in this 1 Consent Ord.er. Any non-canpliance with such FPA approved reports, plans,
specifications, schedules, and attachrrents shall be considered a failur~
to achieve the requirements of this Consent Orcler and will subject the I
Pes!'cndent to the provisions included in this Section aE; above.
:>-'VI. PESERVATION OF FIGHTS
Notwithstanding ccmpli.ance with the terms of this C',onsent Order, including
the caepletion cf an LPJ', approved Perreclial Investigation and Feasibility
Study, the Res['Onde.nt is not releasecl fran liability, if any, for any
actions beyond the terrrs of tJ1is Consent Orc:er taken hy EPA. respecting t.'le
·site. FPA reserves the right to take any enforceirent action pursuc>nt to
CEFC!.A and/or any available legal authority, includin9 the right to seek
injunctive relief, rronetary penalties, and punitive damages for any
violation of law or this Consent Ord.er.
'Ihe P-esponde11t, and EPA expressly reserve all rights and defenses that
they r.ay have, including EPA' s right both to disapprove of work perforrred
by the Respondent and to request that the Respondent. perform tasks in
2.ddition to those detailed in the FI/FS W::>rk Plan, as provided in thi.s
Consent Order. In the event that the Respondent declines to perform any
additional and/or rrodified tasks, L'PA. will have the right to undertake
c>ny rerredial investic:;ation and/or feasibility study work.. In addition,
EPA reserves the right to seek reimbursp_rrent from the Responde11t thereafter
for such costs in=red by the United States or the State of North Carolina.
The Resr>2ndent reserve any rights it =Y have to withhold any docurrent or
record v1hid1 is atorney-client or attorney work product privileged under
Federal, State or comron law and will provide EPA instead with a description
of su& r.aterial and substantiation of the claim of privile<7e. EPA
reserves all rights it 11\3.Y have to seek to ca:rpile the production of
rraterials so with'.eld.
XVI I. REIMBURSEMENT OF COSTS
lit t1'e end of each f.i.sm J. year, EPA f:h11.ll suhmi t to the Resrondent an
accc--,:mtinc:; of all response and oversight costs incurred by the U .s.
C'-overnr.ent v,i th respect to this Ccnsent Order. The Respondent shall,
vithin 60 cc0lendar days cf receipt of that accounting, rerr,it a check fer
·the amcunt of these costs rrace payable to the Hazarclous Substance Response
Trust Fund. C'hecks should specifically refere11ce th,, identity of the
site and be addressed to:
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U.S. Enviromrental ·Protection l'.gency
Superfund Accounting
P.O. Eox 37100311
Pittsburgh, PA 15251
Attn: (Collection Officer for Superfund)
[A ccpy of the transr.1.i.ttal letter should be sent to the Project l"miager.]
EPA reserves tl,e right to bring an action against the Pesp:mden.t ·pursuant
to Section 107 of CERCU\ for re<;0very of all resp:mse and oversight costs
inrurred ly the United States and the State of North Carolina related. to
tli.is Consent Order and not reirr'bursed by the Respondent, as well as any
ether past c:nd future costs incurred by the United f-tates and the State
of 1':orth Carolina in connection with resi:onse activities conducted pursuant
to CEF.CL1' ;,,t t11is site.
)MI.I. ClrHER CIAIMS
Notli.ing in th:i.s Consent Order shall constitute or be const:n1ed as a
release fran any claim, cause of action or clemancl in law or equity against
2.IlY person, firm, partnership, er corporation not a signatory to t11is
Consent Order for any liability it JT-e.Y have arising out of or relating in
any way to tr,e qeneration, storage, treabrent, handling, tran!:'portation,
release, or diq.-osal of any hazardous substances, hazardous wastes,
pollutants, or contaminants founcl. a.t, taken to, or taken from the Site.
This Consent Order does not constitute any decision on preaut.horization
of funr'ls lmcler Section lll(a) (2) of CEPCIA.
XIX. OI'Ht'R APPLICABLE I..Al•iS
All actions reguired to be taken pursuant to this Consent Order shall be
underta'<en in accordance with t11e requirements of all a.pf'licable local,
state, and federal laws and rcguJ.o.tions unless an exemrtion from such
reguirments is specifically provided in tli.is Consent Order.
XX. D\IDEMNIFICAT·ION OF THE UNITED STATES GOVERNMEf'IT
The Respond,,nt. agrees to inc1emify and save and l1olcl the United States
Covernnent, its ar;enci.es, deparbrents, agents, and rn1r:,loyees, hannless
frrn1 any and all. cla.ims or causes of action arising frcm or on account of
acts or cm:i.ssicns of tJ1e Eesp:mcl.ent, its officers, employees, receivers,
tn1stees, c>.gents, or assigns, in carrying out the activities pursuant to
this Consent Order. EPA is not a party in any contract involving the
Fesp:l!ldent at t11e site. Respondent shall retain al.l ri9hts otherwise
provided by law it h2.s not specifically set forth in the ac:;reerrent.
I ---
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XXI. PUBLIC CCMMENT
Upon sL;brrj_ttal to EPA of an approved Fe.asibility Study Final Peport,. EPA
shall make both the Rerredial Investigation Final Report anc the Feasibility
Study Fi11Rl P.el_X)rt available to the public for review and ccrrrnent for, at
a minimum, a twenty-<:>ne ( 21) day period, pursuant to EPA' s Ccurnunity
Relations Policy. FolJ.o.v:i.ng the public revie,, and ccmrent period, EPA
shall notify the Respondent which rerredial action alternative is approvec1.
for the site.
)()QI. EFFECTIVE DA'IE J\lID SUBSF.QUEl)1T 1-IODIFICATION
In consideration of the catrn..'l:.ications betv:een the Respondent and EPA
prior to the issuance of this Consent Order concerning its tenns, the
Pespondent agrees t11at tl1ere is no need for a settlenent conference prior
to the effective date of tlus Consent Order. Therefore, the effective
date of this C.onsent Order shall be the date on which it is signed D.f EPA.
'Ihis Consent Order nay be rrcclified by mutual agreement of E:PA and the
Respondent. Such .rrodifications shall be in writing and shall have a.s the
effective elate, that date on which such m:xlifications are signed by EPA.
No infornal advice, ss.1idance, suggestions, or COli1ID2!1ts by EPA regarding
rerorts, plans, specifications, schedules, and any other wr!.ting submitted
by the Respondent will be construed as relieving the Respondent of its
obligation to obtain such fornal approval as may be required by this
Consent Order.
XXIII. TEFMINATION AND SATISFACI'ION
The provisions of this Consent Order shall be deeired satisfied upon the
Fesponclent' s receipt of ¼Titten ne,tice fran EPA. that the Respondent has
derronstrated, to tlie satisfaction of EPA, that all of the terms of tlus
Consent Order, .i.ncluoing any additional tasks which EPA has determined to
be necessary, have been canpletect.
P.egional /.\c~rninistrator
Region IV
U.S. Envirorrnental Protection Agency
Effective 02.te: MAR 10 1986 ---------------
' Dite
I I ' i
I
FEB O 6 1986
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
3~5 COURTLAND STREET
A"rL.ANTA, GEORGIA 30365 ,a~Gllv-" ~; ~,
CEl''I'IF'Iffi MAIL
RFI'URK FECI:IPT P.EQUESTED
._,,
.I A .10 .. ,. ~'
...... ~QJ
1-'s. Susan F:r-.gelran
Celanese Corporation
1211 lo.venue of the AnE'ricas
Kew York, New York 10036
FE: Cela,-,ese Fibers Operati.ons
Shelby, l\'brth Caroli.na
Dear Ms. Engelnan:
··--~M~~-
Enclosed is an Administrative Order by Consent (Consent Order) for the
above referenced site. This Consent Order reflects the parties inforrral
agreEmE:nt on rrost matters and is consistent with the provisions and objectives
of the Canprehensive Environmental Response, Ccrrpensation and Liability Act
of 1980, 42 u.s.c. §9601, et. seq.
Please be aC::vise:'l tha.t this is the final version of this Consent Order. No
further negotiations on the content of this Consent Order will be conducted.
Within five (5) calendar days of your receipt of this letter, please return
the Consent Order, signed by the prq:,er authority at Celanese Corporation
to:
Es. Gena D. 'I'c1.ffisend
U.S. Environmental Protection Agency
EHI:B/ICS
345 Courtland Street, l\1E
Atlanta, GA 30365
An executed ccpy will be returneci to you. If, ho,,ever, the Consent Order is
not returned signed within five days, the Agency will irnrrediately initiate
a fund financed renedial investigation and feasibili.ty study. If you have
any questicns, please contact Ms. Tcwnsend at 404/347-2234, or iv1r. Reuben
Bussey, at 404/347-2641.
Sincerely yours,
/!. -!:::J:.!:~ r Waste Managerrent Di vision
Enclosu,:-e
cc: William ~·eyer, EC Solid & Hazardous \•7aste
Jan-es c. Pullen, Envirornrental Affairs Manager