HomeMy WebLinkAboutNCD981927502_20050330_Geigy Chemical Corporation_FRBCERLA C_Compliance Consent Orders 1988 - 2005-OCR••••••
Geigy Chemical Corporation Site
Aberdeen, NC
Comniittee Correspondence
Mr. Jon K. Bomholm
Remedial Project Manager
USEP A Region IV
March 30, 2005 ~ [? ~c·: ,~ .· ·-v~f -,_] ..... \I r. I , , , , !
.J!' ~--···-. -.... ' 'J
•:}j APR 4700'i 1,_:1
SUP-~f-.~-~,--~-'.l--~
North Superfund Remedial Branch, 1 1th Floor
100 Alabama St., SW
Atlanta, GA 30303-8960
RE: Geigy Chemical Corporation Site
Aberdeen, North Carolina
Assurance of Ability to Complete Work
Dear Mr. Bornholm:
Olin Corporation, on behalf of itself, Ciba Geigy Corporation, and Kaiser Aluminum &
Chemical Corporation (the Companies) is providing assurance of ability to complete work in
accordance with the Consent Decree for the referenced Site (Section XIV.43(e)).
Attached is the appropriate documentation required to satisfy the requirements of 40 C.F .R. Part
264.143(f) as specified in the Consent Decree.
Please call me at 423/336-4675 if you have any questions.
Sincerely
.-G?J!h-iv1
Raymona J. Horn
for
Olin Corporation
Ciba Geigy Corporation and
Kaiser Aluminum & Chemical Corporation
Enclosures
cc: Chief, Environmental Enforcement Section -letter only
Director, Waste Management Division -letter only
K. Hagen -letter only
G.D.Luetscher -letter only
H. W. Moats
.1. W. Vinzant
•
Geigy Clte,nical Corporation Site
Aberdeen, NC
Committee Correspondence
March 30, 2004
Mr. Jon K. Bornholm
Remedial Project Manager
USEP A Region IV
North Superfund Remedial Branch, 11 th Floor
100 Alabama St., SW
Atlanta, GA 30303-8960
RE: Geigy Chemical Corporation Site
Aberdeen, North Carolina
Assurance of Ability to Complete Work
Dear Ms. Bennett:
Olin Corporation, on behalf of itself, Ciba Geigy Corporation, and Kaiser Aluminum &
Chemical Corporation (the Companies) is providing assurance of ability to complete work in
accordance with the Consent Decree for the referenced Site (Section XIV.43(e)).
Attached is the appropriate documentation required to satisfy the requirements of 40 C.F. R. Part
264.143(f) as specified in the Consent Decree.
Please call me at 423/336-4675 if you have any questions.
Sincerely
.4j-~
Raymond J. Horn
for
Olin Corporation
Ciba Geigy Corporation and
Kaiser Aluminum & Chemical Corporation
Enclosures
cc: · Chief, Environmental Enforcement Section -letter only
Director, Waste Management Division -letter only
K. Hagen -letter only
G.D.Luetscher -letter only
H. W. Moats
J. W. Vinzant
•
\ ' 1C: : I r.
Geigy Chemical Corporation Site
Aberdeen, NC
Committee Correspondence APR 2 2003
Ms. Giezelle Bennett
Remedial Project Manager
USEP A Region IV
North Superfund Remedial Branch, 11 th Floor
100 Alabama St., SW
Atlanta, GA 30303-8960
RE: Geigy Chemical Corporation Site
Aberdeen, North Carolina
March 31, 2003
Assurance of Ability to Complete Work
Dear Ms. Bennett:
Olin Corporation, on behalf of itself, Ciba Geigy Corporation, and Kaiser Aluminum &
Chemical Corporation (the Companies) is providing assurance of ability to complete work in
accordance with the Consent Decree for the referenced Site (Section XIV.43(e)).
7( Attached is the appropriate documentation required to satisfy the requirements of 40 C.F.R. Part
'(' 264.143(f) as specified in the Consent Decree. '
~lease call me at 423/336-4675 if you have any questions.
N. 0 \ "'-tt o.< <:...\/\-efu ' Sincerely
--R/.~
Raymond J. Horn
for
Olin Corporation
Ciba Geigy Corporation and
Kaiser Aluminum & Chemical Corporation
Enclosures
cc: Chief, Environmental Enforcement Section -letter only
Director, Waste Management Division -letter only
R. McElveen -letter only
G.D. Luetscher -letter on! y
H. W. Moats
J. W. Vinzant
I • Geigy Che111ical Co1poration Site
Aberdeen, NC , .
Co11u11ittee Correspondence ·1: J) ~':~, \t:. ,, · ';; ' .
March 21, 2002 . • : 1 MAR 2 8 2002
l· . .,
Ms. Giezelle Bennett
Remedial Project Manager
USEP A Region IV
North Superfund Remedial Branch, I I th Floor
100 Alabama St., SW
Atlanta, GA 30303-8960
RE: Geigy Chemical Corporation Site
Aberdeen, North Carolina
Assurance of Ability to Complete Work
Dear Ms. Bennett:
I ,
Olin Corporation, on behalf of itself, Ciba Geigy Corporation, and Kaiser Aluminum &
Chemical Corporation (the Companies) is providing assurance of ability to complete work in
accordance with the Consent Decree for the referenced Site (Section XIV.43(e)).
Attached is the appropriate documentation required to satisfy the requirements of 40 C.F.R. Part
264. l 43(f) as specified in the Consent Decree.
Please call me at 423/336-4675 if you have any questions.
Sincerely
-§.~J ~
for
Olin Corporation
Ciba Geigy Corporation and
Kaiser Aluminum & Chemical Corporation
Enclosures
cc: Chief, Environmental Enforcement Section -letter only
Director, Waste Management Division -letter only
R. McElveen -letter only
G.D.Luetscher -letter only
H. W. Moats
J. W. Vinzant
Geigy Chemical Corporation Site
Aberdeen, North Carolina
COMMITTEE CORRESPONDENCE
Mr. Luis E. Flores
Remedial Project Manager
September 30, 1994
United States Environmental Protection Agency
Region IV
345 Courtland Street, N. E.
Atlanta, GA 30365
Rf.'Clt=!VED
OCT O 3 1994
SUPERFUNO ~EcnoJ
RE: Geigy Chemical Corporation Site, Notification of Additional Response
Actions as Required by Section VII, Paragraph 15 of the Consent Decree
(Civil Action No. 3:93CV247)
Dear Luis:
In accordance with Section VII, paragraph 15 of the Geigy Chef11ical Corporation
Site Consent Decree, Olin Corporation, Ciba-Geigy Corporation, and·Kaiser Aluminum &
Chemical Corporation (the Settling Defendants) herein provide notice that they shall
submit a Work Plan for EPA's approval (and a schedule for implementing the Plan) to
investigate any down gradient groundwater plume which may be emanating from the
Geigy Site property boundary. The Work Plan will be submitted wit_hin thirty days of
EPA's receipt of this notice or such longer time as specified by USEPA.
Should you have any questions, please feel free to give me a call.
Very truly yours,
Garland E. Hilliard for
Olin Corporation
Ciba-Geigy Corporation
Kaiser Aluminum & Chemical Corporation
·I
Geigy Chemical Corporal.le, Notification of Additional Response Actions •
September 30, 1994
Page 2
Copy to: Mr. Greg Luetscher, USEPA Region IV
Mr. Jim Cloonan, RUST Environment and Infrastructure
Ms. Rachel Deming, Ciba-Geigy Corporation
Mr. Rob Lannan, Robinson & McElwee
Mr. Randy McElveen, North Carolina Superfund
Mr. Harold Moats, Ciba-Geigy Corporation
Mr. Ken Rubin, Morgan, Lewis & Beckius
Mr. Bill Vinzant, Kaiser Aluminum & Chemical Corporation
/
--------.
•
Geigy Chemical Corporation Site
Aberdeen, North Carolina
Committee Correspondence
August 29, 1994
Mr. Luis E. Flores
Remedial Project Manager
United States Envitronmental Protection Agency
Region IV
345 Courtland Street NE
Atlanta, Georgia 30365
RE: Geigy Chemical Corporation Site
PRP Project Coordinators
Dear Luis:
REce,veo
SEP O 71994
SUPERFUNo sec TION
This letter is to notify you of a change in the PRP project coordinator for the Geigy Chemical
Corporation Site. This notification is made in accordance with the requirements of Section XIII of the
Consent Decree. As I mentioned to you during our telephone conversation on Friday, August 26th, Mr.
Garland E. Hilliard is replacing me as the PRP Project Coordinator for the Geigy Site effective
September 2, 1994. Please direct future correspondence relating to the project to Garland at the
address noted below:
Olin Corporation
1186 Lower River Road NW
Charleston, Tennessee 37310
Phone: (615) 336-4479
FAX: (615) 336-4166
I have enjoyed the experience of worfdng with you on this project. Take care!
LMM285/cp
cc H. W. Moats
J. W. Vinzant
G. E. Hilliard
D. L. Cummings
~AJ~ /'!'1 . fYl,,__2,!,«
Lorraine M. Miller
for
Olin Corporation
Ciba-Geigy Corporation
Kaiser Aluminum & Chemical Corporation
K. A. Rubin
R. D. Deming
R.H. Grubbs
R. E. Lannan
C. Fehn
G. D. Luetscher
W. R. McElveen
J. J. Cloonan
• • UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
4WD-NSRB
SPECIAL NOTICE LETTER
345 COURTLAND STREET. N.E
ATLANTA. GEORGIA 30365
FOR REMEDIAL DESIGN/REMEDIAL ACTION (RD/RA\
URGENT LEGAL MATTER--PROMPT REPLY REQUESTED.
CERTIFIED MAIL--RETURN RECEIPT REQUESTED
Mr. Edward A. Lewis
President
Aberdeen and Rockfish Railroad Company
P. o. Box 917
Aberdeen, North Carolina 28315
RE: Geigy Chemical Corporation Site (the "Site")
Aberdeen, Moore County, North Carolina
Dear Mr. Lewis:
HfL"klVW
Q.~T 14, 199?.
SUPERRIND SftrtON
This letter notifies you that Aberdeen and Rockfish Railroad
Company may be a liable party within the meaning of and as set
forth in Section 107(a) of the Comprehensive Environmental
Response, Compensation, and Liability Act ("CERCLA"),
42 U.S.C. S 9607(a), as amended, with respect to the
above-referenced Site.
As the enclosed Record of Decision details, the United States
Environmental Protection Agency ("EPA" or "Agency") has
documented the release or threatened release of hazardous
substances, pollutants and contaminants at the above-referenced
Site. EPA is considering spending public funds to abate the
releasts or threatened releases of hazardous substances,
pollutants or contaminants by undertaking response actions
pursuant to Section 104 of CERCLA, 42 U.S.C. S 9604, unless the
Agency determines that such ·action will be done properly by a
potentially responsible party ("PRP"). By this letter, EPA is
notifying PRPs of the opportunity to perform the response
activities outlined below.
In addition, this letter serves three other purposes: (1) to
demand reimbursement of response costs that have been incurred at
the Site, including interest thereon; (2) to notify you that a
60-day period of formal negotiations with EPA automatically
begins upon receipt of this-notice, which EPA has deemed to be
seven calendar days from the date of this letter; and (3) to
provide general and Site-specific documentation in order to
assist you in the negotiation process. Such documentation
includes a draft Consent Decree, a copy of the Record of
Decision, and a draft ~fatement of Work. EPA reserves the right
to make certain additional changes in the Consent Decree and
Statement of Work prior to finalization of such documents. ;-<l \
:~{fl
Printed on Recycled Paper
.. • • -2-
NOTICE OF POTENTIAL LIABILITY
PRPs under CERCLA include: the current owners or operators of
the Site; persons who at the time of disposal of hazardous
substances owned or operated the facility; persons who by
contract, agreement, or otherwise arranged for disposal or
treatment, or arranged with a transporter for disposal or
treatment of hazardous substances; and persons who accept or
accepted any hazardous substance for transport to disposal
facilities and selected such facilities.
Under CERCLA and other laws, potentially responsible parties may
be liable for all funds expended by the United States government
to take necessary corrective action at a site, including
planning, investigation, cleanup and enforcement activities
associated with a site. In addition, potentially responsible
parties may be required to pay damages for injury to natural
resources or for their destruction or loss, together with the
cost of assessing such damages.
Based on information received during the investigation of this
Site, EPA believes that Aberdeen and Rockfish Railroad Company is
a potentially responsible party under Section 107 of CERCLA,
42 U.S.C. § 9607(a). Before the government undertakes further
response actions, EPA requests that the PRPs voluntarily perform
the work necessary to prevent any releases or threatened releases
of hazardous substances from the Site.
SPECIAL NOTICE AND NEGOTIATION MORATORIUM
EPA encourages good faith negotiations between Aberdeen and
Rockfish Railroad Company and EPA and between Aberdeen and
Rockfish Railroad Company and other PRPs regarding the response
actions required at the Site. In accordance with Section 122(e)
of CERCLA, 42 U.S.C. § 9622(e), EPA is providing as an Enclosure
to this letter, a PRP information package which includes a list
of names and addresses of other PRPs receiving this notification.
EPA has determined that a period of negotiation would facilitate
settlement between EPA and the PRPs. Pursuant to Section 122(e)
of CERCLA, 42 u.s.c. § 9622(e), a 60-day moratorium on certain
EPA response activities at the Site will begin seven calendar
days fr.om the date of this letter. During this 60-day period,
the PRPs, including Aberdeen and Rockfish Railroad Company, are
invited to participate in formal ·negotiations with EPA and to
negotiate a settlement providing for the PRPs to conduct or
finance the Remedial Design/Remedial Action ("RD/RA") at this
Site. The 60-day negotiation period will be continued for an
additional 60 days if, within the initial 60-day period, the PRPs
provide EPA with a good faith offer to conduct or finance the
RD/RA. If a settlement is reached between EPA and the PRPs
• • -3-
within the 120 day moratorium period, the settlement will be
embodied in a Consent Decree for the RD/RA.
Pursuant to Section 122(e) (4) of CERCLA, 42 u.s.c. § 9622(e) (4),
if a good faith offer is not received within the initial 60-day
notice period, EPA may take appropriate action at the Site.
Moreover, EPA reserves the right to take action at any time at
the Site in the event that a significant threat requiring EPA's
immediate response arises.
A good faith offer is a written proposal which demonstrates the
PRPs' qualifications and willingness to conduct or finance the
RD/RA. A good faith offer to conduct or finance the RD/RA must
include the following elements:
1. A statement of willingness by the PRPs to conduct or
finance the RD/RA which is consistent with the draft
Consent Decree, Scope of Work, and Record of Decision
and which provides a sufficient basis for further
negotiations.
2. A paragraph by paragraph response to the terms of the
draft Consent Decree and enclosed Statement of Work.
3. A demonstration of the PRPs' technical capability to
carry out the RD/RA including the identification of the
firm(s) that would be used to conduct the work or a
description of the process that will be used to select
the firm(s).
4. A demonstration of the PRPs' capability and willingness
to finance the RD/RA •
• 5. A statement of the PRPs' willingness to reimburse EPA
for costs incurred in overseeing the PRPs' conduct of
the RD/RA.
6. The name, address and telephone number of the party or
steering committee who will represent the PRPs in
negotiations.
ADMINISTRATIVE RECORD
Pursuant to Section 113(k) of CERCLA, EPA has compiled the
a~nistrative record which contains documents that form the
basis of EPA's decision on the selection of a response action for
the Site. This administrative record is open to the public for
inspection and comment at the Aberdeen Town Hall in Aberdeen,
North Carolina and at the EPA Library, 345 Courtland Street,
N.E., Atlanta, Georgia.
... • • -4-
DEMAND FOR PAYMENT
In accordance with CERCLA, EPA has already undertaken certain
actions and incurred costs in response to conditions at this
Site. Those response actions include a site investigation,
several removals and a Remedial Investigation/Feasibility Study
("RI/FS"). The cost to date of the response actions performed at
the Site through EPA funding which have not been reimbursed by
the PRPs is approximately $115,828.69. Pursuant to Section 107
of CERCLA, 42 U.S.C. § 9607, EPA hereby demands payment of the
above-stated amount, together with any and all interest
recoverable by law.
As stated above, EPA anticipates expending additional funds to
conduct the RD/RA at this Site. Whether EPA funds the entire
RD/RA or simply incurs costs in overseeing the parties conducting
these response activities, you are potentially liable for these
expenditures ~lus interest.
PRP STEERING COMMITTEE
EPA recommends that all PRPs meet to select a steering committee
responsible for representing the group's interests. Establishing
a m~nageable groupJs critical for successful negotiations with
EPA. --
PRP RESPONSE AND EPA CONTACT PERSON
Section 122(e) of CERCLA, 42 U.S.C. § 9622(e), provides that
Aberdeen and Rockfish Railroad Company has 60 days to make a good
faith offer to EPA. However, you are requested to contact EPA in
writing within twenty (20) calendar days of the date of this
letter to indicate whether you wish to participate in
negotiations to undertake or finance the RD/RA at this Site.
You may respond individually or through a steering committee if
such a committee has been formed. Your letter should include the
appropriate person's name, address and telephone number for
further contact with you.
If EPA does not receive a timely response, EPA will assume that
you do not wish to negotiate a resolution of its liabilities in
connection with the response, and that you have declined any
involvement in performing these response activities. You may be
held liable hereafter under Section 107 of CERCLA, 42 u.s.c.
S 9607, for the cost of the response actions which EPA performs
at the Site and for any damages to natural resources.
• • -5-
Your response to this notice letter should be sent to:
Gregory D. Luetscher
· Assistant Regional Counsel
U.S. Environmental Protection Agency 345 Courtland Street, N.E.
Atlanta, Georgia 30365
404/347-2641 ext. 2275
If you have any legal questions pertaining to this matter, please direct them to Mr. Luetscher. Questions of a technical nature should be directed to Giezelle Bennett, Remedial Project Manager, at 404/347-7791.
Due to the seriousness of the problem at the Site and the legal ramifications of your failure to respond promptly, EPA strongly encourages you to give this matter your immediate attention and to respond within the time specified above.
Thank you for your cooperation in this matter.
Sncerel~~•
Joseph R. Franzmathes, Directo
Waste Management Division
Enclosures
cc: Jack Butler
North Carolina Department of Environmental Health and Natural Resources
Mr. John A. Lindsey
Coastal Resource Coordinator
U.S. Department of Commerce/National
Oceanic and Atmospheric Administration
North Carolina Natural Resources Trustee
' • • PRPs AT THE GEIGY CHEMICAL CORPORATION SITE RECEIVING SPECIAL NOTICE LETTERS FOR RD/RA
Mr. Edward A. Lewis
President
Aberdeen and Rockfish Railroad Company Post Office Box 917
Aberdeen, North Carolina 28315
Mr. Donald L. Paulson, Jr. Agricultural Division
CIBA-GEIGY Corporation
P.O. Box 18300
Greensboro, North Carolina 27419
Mr. Verrill M. Norwood.
Vice President, Environmental Affairs Olin Corporation
P.O. Box 248
Lower River Road
Charleston, Tennessee 37310
Mr. Phillip Fournet
Environmental Affairs
Kaiser Aluminum and Chemical Corporation 5555 Hilton Avenue, Suite 200 Baton Rouge, Louisiana 70808
Mr. F. D. Bertz
Vice President Environmental Affairs Columbia Nitrogen Corporation P.O. Box 1483
Augusta, Georgia 30903
Mr. Lewis Artz
Lebanaon Chemical Corporation P.O. Box 180
Lebanon, Pennsylvania 17042
• • WoMBLE WRLYLE SANDRIDGE & Rim
1600 ONE TRIAD PARK
AND
CHARLOTTI o,,ict
2400 WACHOVIA BUILDING
WINSTON-SALEM, NORTil CAROLINA 27101
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R. HOWARD GRUBBS
{919) 721-3537
Via Federal Express
Ms. Giezelle S. Bennett
Greg Luetscher, Esq.
North Superfund Remedial Branch
Waste Management Division
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P0IY 0O1,::S 0LAYal 8.(
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May 14, 1992
United States Environmental Protection Agency
Regio:i IV -345 Courtland Street, N.E.
Atlanta, GA 30365
Re: Summary of information presented at the
April 30, 1992 meeting v.ith USEPA for inclusion
in the administrative record for the
Geigy Chemical Corporation Site in Aberdeen, N.C.
Dear Ms. Bennett and Mr. Luetscher:
' !
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On behalf of Olin Corporation, CIBA-GEIGY Corporation and Kaiser Aluminum &
Chemical Corporation (the PRPs), this letter and the enclosed materials are submitted for the
administrative record pertaining to the Geigy Chemical Corporation Site in Aberdeen, North
Carolina. The PRPs provided both you and Cun Fehn the enclosed materials during our
meeting in Atlanta on April 30th. That meeting was held pursuant to the dispute resolution
provisions in Article XII of the Administrative Order on Consent (AOC) signed by the PRPs and
the Agency in 1988. ·
This letter summarizes the concerns raised by the PRPs at our most recent meeting. The
Agency's selection of an on-site thermal remedy as the preferred remedy for this site and the
application of overly conservative soil cleanup levels are inconsistent v.ith the National
Contingency Plan (NCP). Additionally, the Agency acted in an arbitrary and capricious manner
when the preferred soil remedy and cleanup levels were selected.
• • Ms. Bennett & Luetscher
May 14, 1992
Page 2
In brief, pertinent facts in support of these conclusions are as follows:
1. The site is too small for an on-site thermal remedy. The equipment required for
either thermal desorption or the backup remedy (incineration) will not fit on this site --a one
acre sliver of land sandwiched between an operating railroad and a major highway. Additionally,
the volume of soil to be treated at this site is insufficient to mobilize qualified contractors.
2. An on-site thermal remedy will significantly delay remediation of groundwater,
which everyone agrees poses the greatest risk to human health and the environment at this site.
3. Given the topography_ of this site, an on-site thermal remedy could result in air
emissions, the effect of which have not been evaluated by the Agency.
4. The administrative record contains insufficient evidence regarding the scientific
feasibility and implementability of a thermal remedy at the site.
5. The Agency has refused to engage in constructive discussions v.1th the PRPs in
selecting subsurface soil cleanup levels and has ignored certain Agency modeling results that
should have been considered in determining appropriate cleanup levels.
6. The soil cleanup levels were based on unrealistic assumptions, such as building a
house four ( 4) times larger than a normal residence in the area on an undesirable piece of
property, v.1th a basement in an area where historically houses are not built with basements.
7. The advantages of off-site treatment and disposal (Alternative 2) were not given
adequate consideration. In fact, the PRPs have not been given any formal written notice of
rejection by anyone at the Agency, nor have they been given an oral explanation about why their
preferred remedy has been rejected.
The PRPs strangly believe that their preferred soil remedy is in the best interest of
everyone involved: the Agency, the State of North Carolina, the PRPs, and the community. We
recognize that both the Agency's and the State's preference for on-site remedies, but the
criterion is just that --a preference. There is no statutory or regulatory mandate for on-site
remedies. In fact, Section 121(d)(4) of CERCLA provides that the on-site preference need not
be followed if:
(B) Compliance .,,.1th such requirements at that facility will result in greater risk to
human health and the environment than alternative options; and
(C) Compliance v.1th such requirements is technically impracticable from an
engineering perspective.
• • Ms. Bennett & Luetscher
May 14, 1992
Page 3
Likewise, the NCP recognizes "implementability" as one of the five primary balancing criteria in
selecting a remedy. 40 C.F.R. § 300.430(f)(l)(i)(B).
The problems involved in implementing an on-site thermal remedy at the Geigy Site
clearly outweigh a preference for on-site treatment. Moreover, the PRPs have been informed
that North Carolina does not consider that off-site treatment and disposal would be inconsistent
with the State's preference for on-site treatment where practicable because an on-site thermal
remedy would delay remediating the ·groundwater.
There are many examples where the chosen on-site remedy has, after careful
consideration, been changed to another remedy. For example, just last month, according a
recent press release from Region V dated April 3, 1992, the Agency reconsidered a remedy
identified in a 1990 ROD that called for incineration of contaminated material on-site. The
Agency is now proposing to dispose of all the material at the Bofors-Nobel Site in a landfill,
v..'ithout incineration. On page 2 of the press release, the Agency's Region V Waste
Management Division Director, David A. Ulrich said, "we are pleased to announce this proposed
change because it can be carried out faster and for less money than the previous plan, and still
be fully protective of public health and the environment."
Finally, under Section 107 of CERCLA, a PRP is not liable for costs incurred by the
Agency that are inconsistent with the NCP. Moreover, under Section 106 of CERCLA, PRPs
who can demonstrate on the administrative record that the Agency's decision in selecting a
response action was arbitrary and capricious, or otherwise not in accordance with the law, may
recover reimbursement from the Fund.
The PRPs remain committed to remediating the soil and groundwater at the site.
However, the administrative record clearly demonstrates that the Agency's preferred soil remedy
and choice of cleanup levels v..111 significantly delay the remediation and can only be achieved at
a great --and unnecessary --ex-pense.
RHG:cho
cc: Curtis F. Fehn
William Meyer
W#43213
• Ms. Bennett & Luetscher
May 14, 1992
Page 4
W#432!3
R. Keith Harold
Don L Paulson
Rachel E. Deming, Esq.
Lorraine M. Miller
David L Cnmmine,,
Torn O'Brien
Kenneth A Rubin, Esq.
Lester M. Rapp
Robert E. Lannan, Esq
Jim Cloonan
(aU without enclosures)
•
• •
UNITED ST ATES ENVIRONMENT AL PROTECTION AGENCY
REGION IV
4WD-SFB
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. D. L. Paulson
Ciba-Geigy Corporation
41 Swing Road
Greensboro, NC 27409
345 COURTLAND STREET
ATLANTA, GEORGIA 30315!5
Re: Geigy Chemical Corporation CERCLA Site, Aberdeen, Moore County,
North Carolina
Dear Mr. Paulson:
The United States Environmental Protection Agency (EPA) is considering spending
public funds to conduct a Remedial Investigation and Feasibility Study (RI/FS)
at the Geigy Chemical Corporation Site in Aberdeen, Moore County, North
Carolina (site). By this notice EPA is notifying all potentially responsible
parties of their opportunity to perform remedial activities for the site,
pursuant to the Canprehensive Environmental Response, Car,pensation and
Liability Act of 1980 (CERCLA), as amended by the Superfund Amendments and
Reauthorization Act of 1986 (SARA), 42 u.s.c. Section 9601 et. seq. EPA has
determined that you are a potentially responsible party pursuant to Section
107(a) of CERCLA and may be liable for all costs incurred in conducting a
Re!l'.edial Investigation and Feasibility Study (RI/FS), and in cleaning up the
site. Responsible parties under CERCLA include current and former owners or
operators of the site and persons who ge,nerated the hazardous substances, or
were involved in the transport, treatment or disposal of them at the site.
The Geigy site was proposed for the National Priorities List (NPL) June 24,
1988, pursuant to the provisions of Section 105 of CERCLA, 42 u.s.c. Section
9605. EPA is charged with the responsibility of deterrnining what appropriate
actions must be taken at the site. In order to determine these appropriate
actions, a RI/FS is required to determine the nature and extent of the problem
presented by the site and to identify the relevant alternatives for remedial
action.
Pursuant to the authority of Section 122(e) of SARA, and based on discussions
in our July 28, 1988 meeting between EPA and the Geigy site potentially
responsible parties, EPA has determined that a period of negotiation would
facilitate an agreement with potentially responsible parties for taking
response actions at the site, and would expedite remedial action. EPA is
inviting you and all other potentially responsible parties to participate in
formal negotiations for the performance of a RI/FS for the Geigy site. Section
l22(e) of SARA provides that persons receiving such notice shall have sixty
(60) days fran the date of receipt of that notice to make a proposal to EPA for
undertaking or financing the action. Therefore, in the absence of a good faith
offer to participate in the activities described abc:Ne, the negotiation
moratorium will conclude after sixty (60) days from receipt of this notice.
• -2-•
At the July 28, 1988 meeting between EPA and potentially responsible parties,
you were provided with all available information regarding the Geigy Chemical
Corporation site. This inforrr~tion included:
-Report by NUS Corporation on 1987 preliminary site investigation;
-Report by EPA, ERT on area private well sampling, June, 1987; and
-Report by EPA, ESD on municipal and private well sampling,
November, 1987.
In addition you were provided with EPA guidance in conducting a RI/FS which
included:
-"Guidance for Conducting Remedial Investigations and
Feasibility Studies Under CERCLA" (CSWER Directive
9335.3-01);
"Data Quality Objectives for Remedial Response Activities"
(OSWER Directive 9355.0-7B)"; and
Region IV's Engineering Support Branch Standard
Operating Procedures.
A draft administrative order on consent (Consent Order) was also provided to
you in that meeting.
EPA is currently planning to conduct an RI/FS at the site. Potentially
responsible parties may perform the RI/FS provided they agree to follow the
requirements and procedures of EPA. If you are interested in performing the
RI/FS, you must submit a gcxxl faith offer to EPA within sixty (60) days of the
date of receipt of this letter. A gcxxl faith offer is a written proposal which
demonstrates the potentially responsible party's qualifications and willingness
to conduct or finance the RI/FS.
A gcxxl faith offer for the RI/FS should include the following:
- A statement of your willingness to conduct or finance the
RI/FS which is consistent with EPA's draft administrative order on
consent or provides a sufficient basis for further negotiations;
- A response to EPA's draft administrative order on consent;
- A detailed Scope of Work identifying how you plan to proceed with the
work;
- A demonstration of your technical capability to undertake the RI/FS.
You should identify the firm you expect will conduct the work, along
with their credentials, or the process you will undertake to select a
firm;
• • -3-
-
A
demonstration of your financial capability to finance the RI/FS;
-
A
statement of your willingness to reirrburse EPA for the costs EPA incurs in overseeing your conduct of the RI/FS as required by Section 104(a)(l); and
-The name, address and phone number of the party or parties who will represent you in ,negotiations.
If EPA does not receive your good faith offer wit.~in the sixty (60) day deadline, EPA may then commence the RI/FS and may seek to recover costs from all potentially responsible parties.
You should notify EPA in writing within thirty (30) calendar days of receipt of this letter whether you wish to participate in the negotiation process for undertaking or financing the RI/FS at the Geigy site. Responsible parties may respond as a group through a steering COM\ittee if so desired. A list of potentially responsible parties is enclosed. Your reply to this letter should be directed to:
Mr. Charles K. Eger
Site Project Manager u.s. Environmental Protection Agency Superfund Branch
345 Courtland Street, N.E.
Atlanta, Georgia 30365
In your reply you may choose to present a draft outline or scope of work of the work plan you propose to implement pending completion of the negotiation process.
EPA would like to encourage good faith ~egotiations between you and the Agency and between you and other potentially responsible parties. Due to the seriousness of the problem at the site and the attendant legal ramifications we hope that you will give these matters your irrmediate attention. Should you need more information, Chuck Eger can be reached at (404)-347-3402. Should you have any questions regarding the legal ramifications raised in this notice, contact Ms. Sally Mozley at (404) 347-2641.
Sincerely,
~Ml~
Patrick M. Tobin, Director
Waste Management Division
Enclosure
cc: Ms. Lee Crosby, North Carolina Solid and Hazardous Waste Dii:ector, Office of Waste Programs Enforcement Office of Enforcement and Carpliance Monitoring
4WD-SFB
JA~ o ~ rns9
Ms. Lee Crosby, Head
-Superfund Br.anch
Solid Waste Management Sectipn
NCDHR
P.O. Boie 2091
Raleigh; NC 27602 .
RE: Geigy Chemical Cor.por.ation llPL Site
Aber.deen, Nor.th· car.olina
Dear. Hs. Cr.osby:
As stated in Pat 'Ibbin.'s .letter. to you dated 1 December. 1988, enclosed is a
copy of the signed Administrative Or.der. on Consent for. the subject site. The
Or.der.'was signed by EPA's Region IV Regional Nlministrator. on 16 December. 1988.
EPA' received a dr.aft RI/FS ll/or,k Pian fr.om the ·r.esponsible par.ty consultant,
ERH-SOUtheast, orr 5 Decanft:ler.. 1988. The RI/FS Wor.k Plan was· sent out for.
technical r.eview cin 7 Decembe.t: 1988. Stan Atwood of your office r.esponded to
my r.equest for revie_w with no comments, . .
On 4 January 1989, a CQ'.) meeting. was held in Atlanta. The meeting was an
infor.mal discussion amongst the r.esponsible par.ty technical committee and EPA.
-Discussion focused on the justification.and r.ationale fot: the pr.oposed r.emedial
investigation. Minutes from the·meeting_ will follow·shor.tly.
Should:you have any questions concer.ning' t~ Mministr.ative Or.der. Ot: the dr.aft
RI/FS WOr.k Plan, do not hesitate to call me at (4D4) 347--7791. . · .-. .
, ' . . . , . . .
Sincer.ely,.
KayL •. Cr.ane, Remedial Pr.oject Manager
\-Jll.ste ManagElffiP-nt Di visioo
Enclosur.e
cc:,. · Stan Atwood, HC Pr.oject Manager. SFB (with enclosur.e)
Pat DeP-osa, NC SFB (with enclosur.e) .
. '
,. • •
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
IN THE MATTER OF:
Geigy Chemical Corporation Site
Aberdeen, North Carolina
) . U.S. EPA DOCKET NO. 89-lQ-C
)
)
---------~------) CIBA-GEIGY Corporation )
Kaiser Aluminum & )
Chemical Corporation, and )
Olin Corporation, )
Respondents )
)
)
)
Proceeding Under Sections 104,
106 and 122 of the Comprehensive
Environmental Response,
Compensation, and Liability
Act of 1980 (42 U.S.C. Sections
9604, 9606(a) and 9622) as
amended by the Superfund
Amendments and Reauthorization
Act of 1986, P.L. 99-499,
October 17, 1986.
ADMINISTRATIVE ORDER ON CONSENT
I. JURISDICTION
This Administrative Order on Consent (hereinafter called
''Consent Order'') is entered into by the United States
Environmental Protection Agency (hereafter called "EPA") with
the participating Respondents CIBA-GEIGY Corporation, Kaiser
Aluminum & Chemical Corporation, and Olin Corporation
(hereinafter collectively referred to as the ''Respondents'')
pursuant to the authority vested in the President of the United
States by Sections 104, 106(a) and 122(d) (3) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (hereafter called "CERCLA"), 42 U.S.C.
Sections 9604, 9606 and 9622, as amended by the Superfund
Amendments and Reauthorization Act of 1986 (hereafter called
"SARA"), .Public Law 99-499, October 17, 1986. This authority
was delegated to the Administrator of EPA on January 23, 1987
by Executive Order 12 580, 52 Federal Register ·2923c'(January 29,
1987) and has been further delegated to the Regional
Administrator of Region IV, EPA.
The Respondents agree to undertake all actions ··required by the
terms and conditions of this Consent Order. Solely for
purposes of this Consent Order, the Respondents consent to and
agree not to contest EPA jurisdiction to issue and enforce this
Consent Order. The Respondents do not admit, accept, or
concede the determinations, allegations, findings of fact, and
conclusions of law, and specifically reserve the right to
1!S2J4Rl3H
•
)
-2 -
contest the determinations, allegations, findings of fact and
conclusions of law in any proceeding regarding the Geigy
Chemical Corporation Site (hereafter referred to as the Site)
except for actions brought to enforce this Consent Order.
Furthermore, Respondents do not admit liability under
CERCLA/SARA or any other statute or common law and any
responsibility for response costs or damages thereunder, and do
not, by signing this Consent Order, waive any rights they·may
have to assert claims under CERCLA/SARA against any person, as
defined in Section 101(21) of CERCLA, 42 U.S.C. Section
9601(21). Respondents reserve the right to raise any rights
and defenses which they may have regarding liability or
responsibility in any subsequent action or proceeding regarding
this Site, unless specifically waived herein. In entering into
this Consent Order, the Respondents waive any right to seek
reimbursement under Section 106(b) of CERCLA, 42 U.S.C.
9606(b), for any costs which are incurred complying with this
Order.
II. STATEMENT OF PURPOSE
In entering into this Consent Order, EPA's objectives are: (1)
to determine fully the nature and extent of the threat or
potential threat to the public health or welfare or the
environment caused by the release or threatened release of
hazardous substances, pollutants and/or contaminants from the
Site (Remedial Investigation); and, (2) to evaluate
alternatives for the appropriate extent of remedial action to
prevent or mitigate the migration or potential migration or the
release or threatened release of hazardous substances,
pollutants and/or contaminants from the Site (Feasibility
Study). The Respondents agree to carry out the terms and
conditions of this Consent Order to achieve EPA's objectives.
The activities conducted pursuant to this Consent Order are
subject to approval by EPA and shall be consistent with the
National Contingency Plan, 40 CFR part 300 et seq., as amended.
III. FINDINGS OF FACT
For purposes of this Consent Order, EPA finds that:
A. The Site is a one-acre parcel located on a railroad
right-of-way on Route 211, 0.3 miles east of SR 2063 in
Southeastern Moore County, North Carolina, near
Aberdeen, North Carolina.
B. The Respondents are past operators of the Site.
C. The site is proposed for the National Priorities List
as defined in Section 105 of CERCLA, 42 U.S.C. Section
9605.
IIS23~RBH
, • -3 -• D. The Site has been used since at least 1948 as a
pesticide/agriculture chemical formulation and/or
distribution facility, at times as a pesticide
formulation/distribution facility, and at times as an
agricultural chemical distribution center.
E. Sampling investigations have revealed elevated levels
of DDT, DDE, ODD, Toxaphene and isomers of benzen'e
hexachloride (BHC) in the Site soils.
F. The gamma isomer of BHC is a possible human
carcinogen. DDT, banned from use in the U.S. since
1972, is a toxicant with long-term persistence in soil
and is widely dispersed by erosion and runoff.
Toxaphene has been shown to be a positive carcinogen in
animals.
G. The Site overlies the Middendorf and Pinehurst geologic
formations which make up the Sandhills aquifer.· This
aquifer is composed of poorly sorted unconsolidated
sands and clay and is considered moderately permeable.
The depth to ground water in the area is approximately
thirty (30) feet.
H. The primary possible routes of contaminant migration
are ground water and surface water.
I. The Sandhills aquifer is the sole source for drinking
water for the city of Aberdeen. Approximately 5,924
people obtain drinking water from the Sandhills aquifer
within a three (3) mile radius of the Site.
J. The Site is unfenced.
K. EPA monitoring has indicated the presence of alpha,
beta and gamma isomers of BHC in some municipal and
private wells in the Aberdeen area.
IV. CONCLUSIONS OF LAW
For the purpose of this Consent Order, EPA concludes that:
A. The Site is a. facility within the meaning of Section
101(9) of CERCLA, 42 U.S.C. Section 9601(9).
B. The Respondents are persons as defined in Section
101(21) of CERCLA, 42 U.S.C. Section 9601(21).
C. The chemicals found in the groundwater as described in
paragraph III above are "hazardous substances" within
the meaning of Section 101(14) of CERCLA, 42 U.S.C.
Section 9601(14).
11S234RBII
• -4 -• D. The presence of hazardous substances at the Site
constitutes both an actual release and threatened
release within the meaning of Section 101(22) of
CERCLA, 42 U.S.C. Section 9601(22).
V. EPA DETERMINATIONS
Base·d on the Findings of Fact and Conclusions of Law set out
above, EPA has determined that:
A. The actions required by this Consent Order are
necessary to protect the public health or welfare or
the environment.
B. In accordance with Section 104(a) (1) of CERCLA, 42
U.S.C. Section 9604(a) (1) as amended by SARA, EPA has
determined that the Respondents will properly and
promptly conduct the RI/FS and are qualified to do so.
I
VI. WORK TO BE PERFORMED
Based on the foregoing, it is hereby AGREED TO AND ORDERED that
the following work shall be performed:
All work performed pursuant to this Consent Order shall be
under the direction and supervision of a qualified
professional engineer or a certified geologist with
expertise in hazardous waste site cleanup. Prior to the
initiation of the Site work, the Respondent shall notify
EPA in writing regarding the identity of such engineer or
geologist and of any contractors and/or subcontractors to
be used in carrying out the terms of this Consent Order.
If the Respondents determine it is necessary to remove the
present engineer/geologist/contractor from the site during
the RI/FS process, the Respondents shall notify and give a
complete written statement of the reasons for the change to
EPA within ten (10) working days of the removal of the
current engineer/geologist/contractor.
A. Within twenty (20) calendar days of Respondents'
receipt of wr.itten notification of the effective date
of this Consent Order, the Respondents and EPA shall
conduct a Data Quality Objectives (DQO) meeting at EPA,
Region IV offices to present the objectives for the
development of the RI/FS Work Plan and the Respondents'
proposed criteria to determine the extent of soil
removal. The development of DQOs shall be conducted in
conformance with OSWER Directive 9355.0-7 B (2 volumes)
March, 1987 entitled "Data Quality Objectives for
Remedial Response Activities.''
IIS23t.Rl3H
• -5 -
B. Within forty (40) calendar days of Respondents' receipt
of written notification of the effective date of this
Consent Order, the Respondents shall submit to EPA a
plan for a complete Remedial Investigation and
Feasibility Study (''RI/FS Work Plan"). This plan shall
be developed in accordance with the EPA Remedial
Investigation and Feasibility Study guidance documents
which have been provided to the Respondents by EPA
(''Guidance for Conducting Remedial Investigations and
Feasibility Studies under CERCLA", draft dated March,
1988) and with Section 121 of the Superfund Amendments
and Reauthorization Act of 1986. As described in this
guidance, the RI/FS Work Plan must include at a minimum
a sampling plan and a schedule for deliverables and for
completing the RI/FS. The RI/FS Work Plan and all
other reports and plans shall be subject to review,
modification, and approval by EPA.
c. Within forty (40) calendar days after receipt of the
RI/FS Work Plan by EPA, EPA shall notify the
Respondents in writing of EPA's approval or disapproval
of the RI/FS Work Plan or any part thereof. In the
event of any disapproval, EPA shall specify in writing
both the deficiencies and any EPA recommended
modifications regarding the RI/FS Work Plan.
D. Within thirty (30) calendar days of the receipt of
written notification of RI/FS Work Plan disapproval,
the Respondents shall amend and submit to EPA a revised
RI/FS Work Plan. In the event of subsequent
disapproval of the RI/FS Work Plan, Respondents may
invoke the dispute resolution procedures of Section XII
herein. In the event the dispute is decided in favor
of EPA, and Respondents refuse to modify the RI/FS Work
Plan as required, EPA retains the right to conduct a
complete RI/FS pursuant to its authority under CERCLA.
E. The Respondents shall implement the tasks detailed in
the approved RI/FS Work Plan. Upon approval by EPA,
the RI/FS Work Plan will be attached to and
incorporated in this Consent Order (Attachment 1).
HS234RBfl
This work shall be conducted in accordance with the EPA
Remedial Investigation and Feasibility Study guidance
documents, and with the standards, specifications, and
schedule contained in the RI/FS Work Plan. A list of
the currently available guidance documents is attached,
and such list will be updated upon the issuance of new
or revised guidances. If additional data gathering is
required under a new or revised guidance document and
the RI/FS Work Plan is being implemented by Respondents
-6 -• as of the date of such guidance, such efforts will be
considered as additional tasks under paragraph N of
this Section. If additional data gathering is not
required, EPA shall determine an appropriate revision
to the Work Plan schedule to accommodate compliance
with such new or revised guidance document.
F. A Project Operations Plan (''POP'') shall be submitted
within thirty (30) calendar days after EPA approval of
the RI/FS Work Plan. The POP must include: (1) a
detailed sampling plan, (2) a health and safety plan,
(3) a plan for satisfaction of permitting requirements,
(4) a description of chain-of-custody procedures, and
(5) a description of quality control and quality
assurance procedures. The POP must be consistent with
and incorporate all of the requirements which are set
forth in the EPA Region IV Engineering Support Branch
Standard Operating Procedures and Quality Assurance
Manual which is dated April, 1986. The POP must'be
consistent with any amendment to this manual in effect
as of the date of the submission of the POP and
provided to Respondents.
G. Within twenty (20) calendar days of approval of the POP
by EPA, Respondents shall commence implementing the
RI/FS Work Plan.
H. The Respondents shall provide written progress reports
to EPA according to the schedule contained in the RI/FS
Work Plan. These progress reports shall: (1) describe
the actions which have been taken toward achieving
compliance with this Consent Order, (2) include all
results of sampling and tests and all other data, which
has Q/A approval, received by the Respondents and
previously not submitted, since the date of the
previous progress report and (3) include all plans and
procedures completed subsequent to EPA approval of the
RI/FS Work Plan during the past month, as well as such
actions, data, and plans which are scheduled for the
next month. These reports are to be submitted to EPA
in accordance with the schedule contained in the RI/FS
Work Plan.
I. The Respondents shall provide preliminary and final
reports to EPA according to the schedule contained in
the RI/FS Work Plan.
J. EPA shall review the preliminary and final reports and
within forty-five (45) calendar days after receipt by
EPA of such reports EPA shall notify the Respondents in
writing of EPA's approval or disapproval of these
11S234RGH
• -7 -• reports or any part thereof. In the event of any
disapproval, EPA shall specify in writing both the
deficiencies and tl1e reasons for such disapproval.
K. If in addressing the deficiencies, or revisions
required by new or revised guidance documents,
additional field or laboratory work is not required,
then within forty-five (45) calendar days after receipt
of EPA notification of preliminary or final report
disapproval, the Respondents shall amend and submit to
EPA the revised reports. If field or laboratory work
is required to correct the deficiencies, or revisions
required by new or revised guidance documents, EPA
shall determine an appropriate amount of time in
addition to the forty-five (45) calendar days for
preparation of the revised report. In the event of
subsequent disapproval, the dispute shall be resolved
pursuant to the dispute resolution provisions of
Section XII herein.
L. As part of the RI/FS Work Plan, the Respondents shall
submit to EPA a plan for removal of surface soils. The
RI/FS Work Plan shall contain a schedule allowing the
completion of the surface removal prior to sampling
implementation of the remaining RI/FS tasks. Following
these actions, it may be necessary for EPA and
Respondents to reconsider tasks remaining to be
performed under the Work Plan, in view of the
information obtained. It is specifically contemplated
that such reconsideration may involve the elimination,
modification or addition of tasks. When either EPA or
Respondents determine that reconsideration is
warranted, it shall so notify the other parties in
writing, specifying the changes proposed to be made in
the Work Plan. Within twenty-one (21) calendar days of
receipt of written notification of proposed changes,
the receiving parties will notify the party requesting
changes of acceptance or objection to the proposed
changes. In the event of objection, the objecting
party will specify in writing both the nature of its
objection and any requested modifications of the
proposal. The submission°of written objections will
serve to invoke the dispute resolution provisions of
Section XII.
M. Documents, including reports, approvals, 'and .other
correspondence, to be submitted pursuant to this
Consent Order shall be sent by certified mail, Federal
Express or some other comparable service to the
following addresses or to such other addresses as the
Respondents or EPA hereafter may designate in writing:
HS234RBH
• -8 -• 1. Documents to be submitted to EPA should be sent to
(5 copies, one unbound):
(Name)
Project Manager
Superfund Branch
U.S. Environmental Protection Agency
345 Courtland Street, N.E.
Atlanta, GA 30365
2. Documents to be submitted to the Respondents should
be sent to:
David L. Cummings
Olin Corporation
Lower River Road
Charleston, TN 37310
N. In addition to the EPA-approved tasks and deliveiables
to be completed pursuant to this Consent Order, EPA may
determine that additional tasks, beyond the scope of
this Consent Order, including remedial investigative
work and/or engineering evaluation, may be necessary as
part of the RI/FS. Further, EPA retains the right to
request Respondents to perform additional sampling if
such is deemed necessary by EPA to adequately
investigate the site. Should EPA determine that such
additional tasks are necessary EPA shall notify
Respondents in writing. Within thirty (30) calendar
days after receipt of EPA's notice, Respondents shall
notify EPA in writing as to whether or not Respondents
will agree to conduct the additional tasks. Upon
written agreement of EPA and Respondents, this Consent
Order may be modified as necessary to address such
additional tasks. Should Respondents not agree to
perform these additional tasks, and to amend this
Consent Order as-necessary to encompass the additional
tasks the EPA has determined necessary, EPA retains the
right to perform any additional work as authorized by
CERCLA/SARA, to conduct a complete RI/FS or portion
thereof, and to seek cost recovery from Respondents and
any other potentially responsible party ··provided that
such additional work and conducting of a complete or
part of an RI/FS shall not be inconsistent with the
NCP. Failure of Respondents to agree to perform
additional work under this Section shall not be a
violation of this Consent Order. Any disagreement
between the parties concerning additional work under
this Section will not be subject to the dispute
resolution process (Section XII of this Consent
Order) .
IIS231Rl3H
• -9 -• VII. DESIGNATED PROJECT COORDINATORS
On or before the effective date of this Consent Order, EPA and
the Respondents shall each designate a Project Coordinator.
Each Project Coordinator shall be responsible for overseeing
the implementation of this consent Order. EPA's project
manager shall designate in writing the On-Scene-Coordinator.
Respondents' project coordinator shall designate in writing an
on site representative who will be on Site at all times during
conduct of work on Site pursuant to this Consent Order. To the
maximum extent possible, communications between the Respondents
and EPA and all documents, including reports, approvals, and
their correspondence, concerning the activities performed
pursuant to the terms and conditions of this Consent Order,
shall be directed through the Project Coordinators.
EPA and the Respondents each have the right to change their
respective Project Coordinator. Such a change shall be
accomplished by notifying the other party in writing at aeast
five (5) calendar days prior to the change.
The EPA-designated On-Scene-Coordinator ("OSC"), who may be the
EPA Project Coordinator shall have the authority vested in the
On-Scene-Coordinator by the National Contingency Plan; 40 CFR
Part 300 et seq., 47 Federal Register 31180, July 16, 1982, as
amended. This includes the authority to direct the
Respondents' On Site representative to halt, conduct, or direct
any tasks required by this Consent Order and/or any response
actions or portions thereof when conditions present any
immediate risk to public health or welfare or the environment.
The absence of the EPA Project Coordinator from the site shall
not be cause for the stoppage of work.
VIII. QUALITY ASSURANCE
The Respondents shall use quality assurance, quality control,
and chain-of-custody procedures in accordance with the EPA,
Region IV, Environmental Services Division Standard Operating
Procedures Manual, dated April, 1986, throughout all sample
collection and analysis activities. This manual has been
provided to the Respondents by EPA. The Respondents shall
consult with EPA in planning for, and prior to; all sampling
and analysis as detailed in the RI/FS Work Plan. In order to
provide quality assurance and maintain quality control
regarding all samples collected pursuant to this Consent Order,
the Respondents shall:
A. Ensure that EPA personnel and/or EPA-authorized
representatives are allowed access to the
laboratory(ies) and personnel utilized by the
Respondents for analyses;
IIS234RBH
-----------------··
) • -10-• B. Ensure that the laboratory(ies) utilized by the
Respondents for analyses perform such analyses
according to EPA methods or methods deemed satisfactory
to EPA and submit all protocols to be used for analyses
to EPA at least fourteen (14) calendar days prior to
the commencement of analyses;
C. Ensure that laboratory(ies) utilized by the Respondents
for analyses participate in an EPA quality
assurance/quality control program equivalent to that
which is followed by EPA and which is consistent with
EPA document QAMS-005/80. As part of such a program,
and upon request by EPA, such laboratory(ies) shall
perform such analyses of samples provided by EPA to
demonstrate the quality of each laboratory's analytical
data. A maximum annual number of four (4) per
analytical combination, e.g., four aqueous samples by
Gas Chromatography/Mass Spectrometry, four (4) .
soil/sediment samples by Gas Chromatography/Mass'
Spectrometry, etc., may be provided to each laboratory
for analysis.
IX. SITE ACCESS
Areas covered by the RI/FS Work Plan are presently owned by
parties other than the Respondents. The Respondents will use
their best efforts to obtain site access agreements from the
present owners within forty-five (45) calendar days of the
effective date of this Consent Order. Such agreements shall
provide reasonable access to EPA and/or their authorized
representatives. In the event that site access agreements are
not obtained within the time referenced above, the Respondents
shall notify EPA in writing regarding both the lack of, and
efforts to obtain, such agreements within forty-six (46)
calendar days of the effective date of this Consent Order. EPA
may then seek to obtain access for performance pursuant to this
Consent Order and EPA may seek to recover these costs. Failure
by Respondents to obtain site access agreements, after use of
their best efforts, does not constitute a violation of this
Consent Order. Work at that area of the Site for which access
has not been obtained will be delayed until Site access is
obtained, however, EPA shall reassess and notify Respondents in
writing of the necessity for access to those areas for which
access has not been obtained within 12 months after the
effective date of this Consent Order.
X. SAMPLING, ACCESS, AND DATA/DOCUMENT AVAILABILITY
The Respondents shall make the results of all sampling and/or
tests or other data generated by the Respondents or on the
Respondents' behalf, with respect to the implementation of this
Consent Order, available to EPA and shall submit these results
l!S234RI3H
) • -11-• after QA/QC in progress reports as described in Section VI of
this Consent Order. EPA will make available to the Respondents
the results of sampling and/or tests or other data similarly
generated by EPA.
At the request of EPA, tha Respondents shall allow split or
duplicate samples to be taken by EPA and/or its authorized
representatives, of any samples collected by the Respondents
pursuant to the implementation of this Consent Order. Except
as otherwise agreed to in the RI/FS Work Plan or in writing by
the parties, the Respondents shall notify EPA not less than
seventy-two (72) hours in advance of any sample collection
activity.
At the request of the Respondents, EPA shall allow split or
duplicate samples to be taken by the Respondents and/or their
authorized representatives, of any samples collected by EPA
pursuant to the implementation of this Consent Order.
If EPA elects to take any samples pursuant to the
implementation of this Consent Order, EPA shall notify
Respondents forty-eight (48) hours in advance of any sample
collection activity and shall allow split or duplicate samples
to be taken by Respondents and/or their authorized
representatives.
EPA acknowledges the Respondents are not the property owners of
the Site. To the extent Respondents have access to and control
over the Site, Respondents agree not to interfere with EPA's
and/or its authorized representative's authority to enter and
freely move about all property at the Site at all reasonable
times for the purposes of, inter alia: inspecting records,
operating logs, and contracts related to the Site; reviewing
the progress of the Respondents in carrying out the terms of
this Consent Order; conducting such tests as EPA or the Project
Coordinator deem necessary; and verify the data submitted to
EPA by the Respondents .. The Respondents shall permit such
persons to inspect and copy all records, files, photographs,
documents, and other writings, including all sampling and
monitoring data at the Site, in any way pertaining to work
undertaken pursuant to this Consent Order. All parties with
access to the Site pursuant to this paragraph shall comply with
all approved health and safety plans.
The Respondents may assert a confidentiality claim, if
appropriate, covering part or .. all of ... the _information provided
under this Consent Order pursuant to 40 CFR §2.203(b). Such;an
assertion shall be adequately substantiated when the assertion
is made. Analytical data shall not be claimed as confidential
by the Respondents. Information determined to be confidential
by EPA will be afforded the protection specified in 40 CFR Part
2, Subpart B. If no such claim accompanies the information
HS234RBH
• -12-• when it is submitted or made available to EPA, it may be made
available to the public by EPA without further notice to the
Respondents.
XI. RECORD PRESERVATION
EPA and the Respondents agree that each shall preserve, during
the pendancy of this Consent Order and for a minimum of six (6)
years after its termination, all records and documents in their
possession or in the possession of their divisions, employees,
agents, accountants, contractors, or attorneys which relate in
any way to the Site, which are not subject to attorney-client
or work-product privilege, despite any document retention
policy to the contrary. After this six (6) year period, the
Respondents shall notify EPA within thirty (30) calendar days
prior to the destruction of any such documents. Upon request
by EPA, the Respondents shall make available to EPA such
records or copies of such records. Additionally, if EPA
requests that some or all documents be preserved for a longer
period, the Respondents may transfer such documents to EPA,
following ninety {90) days notice to EPA, or may retain such
documents.
XII. DISPUTE RESOLUTION
During the course of the work performed under this Consent
Order, the Project Coordinators shall attempt to resolve any
dispute informally through good faith discussion of the issues.
If the Respondents object to any EPA notice of disapproval or
decision made pursuant to this Consent Order, the Respondents
shall notify EPA in writing of their objections within fourteen
(14} calendar days of receipt of the decision. EPA and the
Respondents then have an additional fourteen (14) calendar days
from the receipt by EPA of the notification of objection to
reach agreement. If agreement cannot be reached on any issue
within this fourteen (14) calendar day period, EPA shall
provide a written statement of its decision to the
Respondents. After a final decision, and should the
Respondents not agree to perform tasks in accordance with the
final decision, EPA may then proceed to complete the ·RI/FS or
any part thereof and seek cost recovery from Respondents and
any other potentially responsible party. Payment of any
penalty amounts which are subject to a dispute resolution
proceeding shall be stayed pending resolution of the dispute.
Failure to resolve a dispute on any issue may not void the
entire Consent Order. Nothing in the Consent Order shall be
construed to limit the Respondents' right to contest any
further orders promulgated or judicial action brought by EPA.
IIS2Jt;RBH
-13-• The Respondents may dispute the United States' right to the
stated amount of any stipulated penalties assessed under
Section XIV, including the merits of the assessment, by
invoking dispute resolution procedures under this Section XII.
If Respondents do not prevail upon resolution, and EPA seeks to
enforce stipulated penalties, then Respondents shall have the
right to contest such resolution. If Respondents prevail
before or after judicial review, no penalties shall be payable
for those penalty issues which were specifically resolved.
XIII. DELAY IN PERFORMANCE/FORCE MAJEURE
Respondents' activities under this Consent Order shall be
performed within the time limits set forth in the RI/FS Work
Plan referenced in VI above, unless performance is delayed by
events which constitute a force majeure. For purposes of this
Consent Order, a force majeure event is defined as any event
arising from causes beyond the reasonable control of
Respondents, including EPA delays in approvals beyond the time
specified in the Consent Order or in the RI/FS Work Plan, which
could not have been prevented by the exercise of due
diligence. Increased cost in performing the terms of this
Consent Order, changed economic circumstances and/or failure to
apply for permits and approvals shall not be considered as
constituting a force majeure event.
The Respondents shall notify EPA's Project Coordinator orally
within seventy-two (72) hours, and in writing no later than ten
(10) business days from the date of discovery of any event
which Respondents contend constitutes a force majeure as
defined above. The written notice shall describe fully the
nature of the delay, why the delay is beyond the reasonable
control of the Respondents, the actions taken and/or that will
be taken to mitigate, prevent and/or minimize further delay,
the anticipated length of the delay and the timetable by which
the actions to mitigate, prevent and/or minimize the delay will
be taken. The Respondents shall adopt all reasonable measures
to avoid or minimize any such delay.
Whenever the date for submission of any item or notification
required by this Consent Order falls.upon a weekend or a ·
federal holiday, the time period for submission of that item or
notification is extended to the next working day following the
weekend or holiday.
If the date of discovery diffei''s:'.:from the date of inception,
Respondents shall include in the required written notice the
reasons for the time variance. EPA will then determine whether
the variance is warranted and provide for any necessary
adjustments to reporting requirements.-•••'" ··
11S234RBH
-14-• A delay that results from a force majeure event shall not be
deemed to be a violation of this Consent Order. To the extent
that a delay is caused by circumstances which constitute a
force majeure, the schedule affected by the delay shall be
extended for a period of time equal to the delay resulting from
such circumstances, unless EPA determines circumstances warrant
a greater extension of time. The Respondents shall have the
burden of proving that a delay in performance was caused by
circumstances beyond the Respondents' reasonable control which
could not have been overcome by due diligence and that they are
entitled to additional time beyond the length of the delay.
Failure of the Respondents to comply with the written notice
requirements of this Section shall constitute a waiver of the
Respondents' right to invoke the benefits of this Section with
respect to that event.
If the parties do not agree as to whether or not the .
circumstances were beyond the reasonable control of the 1
Respondents, the dispute shall be resolved in accordance with
the provisions of Section XII of this Consent Order.
XIV. STIPULATED PENALTIES
Unless excused under the provisions of Section XIII, ("Force
Majeure"), the Respondents are liable to the Hazardous
Substance Superfund administered by EPA for the sums set forth
below as stipulated penalties.
A. The following per diem stipulated penalties per
violation per day for any Minor Violation, including:
HS234RBH
1. Failure to submit progress reports or sampling data
by the specified due date;
2. Failure to notify EPA of a change in the designated
engineer under Section VI hereof or of any other
change in personnel notice required under this
Consent Order;
3. Failure to abide by the record retention schedule
set forth in Section XI hereof;
4. Failure to give the notice of sample collection
activity required under Section X hereof or the
RI/FS Work Plan; ,, -·e; __ _
Amount/Day
$100
$250
$500
Period of Noncompliance
Day 1 to 14
Day 15 to 44
Beyond Day 44
-15-• B. All other noncompliance shall be deemed as Major unless EPA
determines that a violation should be considered minor under
the circumstances of the noncompliance. In the event of a
Major noncompliance, the following per diem stipulated
penalties apply:
Amount/Day
$1,000
$3,000
$5,000
Period of Noncompliance
Day 1 to 14
Day 15 to 44
Beyond Day 44
C. Checks should be addressed to:
U.S. Environmental Protection Agency
Region IV
Superfund Accounting
P.O. Box 100142
Atlanta, GA, 30384
Respondents shall send a copy of the transmittal letter
to the EPA's designated Project Coordinator.
D. stipulated penalties begin to accrue on the day of a
violation, or on the day following Respondents' failure
to comply with any schedules or deadlines contained in
this Consent order and/or the RI/FS Work Plan, and
shall continue to accrue until Respondents' violation
ends or until Respondents comply with the particular
schedule, deadline, term, condition or requirement.
Payment of stipulated penalties shall be due and owing
within sixty (60) days from the date of a written
notice from EPA notifying Respondents' that penalties
have been assessed.
E. In the event that Respondents invoke the dispute
resolution provisions of Section XII herein with
respect to any matter which is subject to the accrual
of stipulated penalties, and the dispute is resolved in
favor of the EPA, the stipulated penalties shall be
deemed to accrue in the period between invocation of
dispute resolution and the final resolution. In the
event the dispute is resolved in favor ·of Respondents,
Respondents shall not be liable for any stipulated
penalties relating to the disputed matter.
XV. INCORPORATION OF REPORTS
Any reports, plans, specifications, schedules, and attachments
required by this Consent Order shall, upon approval by EPA and
written notice to Respondents, be incorpo"rated into this
Consent Order. Any non-compliance with such EPA-approved
reports, plans, specifications, schedules, and attachments
shall be considered a failure to achieve the requirements of
HS234RBH
• -16-• this Consent Order and will subject the Respondents to the
provisions included in the stipulated penalties Section as
described above.
XVI. RESERVATION OF RIGHTS
Notwithstanding compliance with the terms of this Consent
Order, the Respondents are not released from liability, i,f any,
for any actions beyond the terms of this Consent Order taken by
EPA respecting the Site. EPA reserves the right to take any
enforcement action pursuant to CERCLA/SARA and/or any available
legal authority, including the right to seek injunctive relief,
monetary penalties, and punitive damages for any violation of
law or this Consent Order, except as otherwise provided in
Section XII herein.
The Respondents and EPA expressly reserve all rights and
defenses that they may have in the event of disapproval of work
performed by the Respondents or requests that the Respondents
perform tasks in addition to those detailed in the RI/FS Work
Plan, as provided in this Consent Order. In the event that the
Respondents decline to perform any additional and/or modified
tasks, EPA will have the right to undertake any Remedial
Investigation and/or Feasibility Study work which is not
inconsistent with the National Contingency Plan. In addition,
EPA reserves the right to undertake removal actions and/or
remedial actions, other than those required by this Consent
Order, at any time. EPA reserves the right to seek
reimbursement from the Respondents thereafter for such costs
incurred by the United States.
·In the event that EPA executes its right to perform additional
work pursuant to Section VI(N), the Respondents reserve any and
all rights and defenses they may have pursuant to CERCLA/SARA
and any other statutory or common law.
The Respondents reserve the right to assert any applicable
statutory rights relative to the remedy selected by EPA for the
site.
The Respondents reserve all rights that they have or may have
to assert claims against persons or entities for matters
arising out of the site or its operation and ownership,
including, but not limited to, claims for breach of contract,
indemnity, contribution, nuisance and claims under federal,
state and local laws and to assert-_defenses in any action for
reimbursement from Respondents for any cost incurred by EPA,
including the defense that such costs are not consistent with
the National Contingency Plan.
HS23t;IWII
• -17-• XVII. REIMBURSEMENT OF COSTS
The Respondents shall fully reimburse EPA for all oversight
costs, not inconsistent with the NCP, which are incurred by the
U.S. Government with respect to this Consent Order. At the end
of each fiscal year, EPA shall submit to the Respondents an
accounting sufficient to verify all response and oversight
costs incurred by the U.S. Government with respect to this
Consent Order.
The Respondents shall, within sixty (60) calendar days of
receipt of that accounting, remit a check for the amount of
those costs made payable to the Hazardous Substance Response
Fund. Checks should specifically reference the identity of the
site and be addressed to:
U.S. Environmental Protection Agency
Region IV
Superfund Accounting
P.O. Box 100142
Atlanta, GA, 30384
A copy of the transmittal letter should be sent to the Project
Coordinator.
EPA reserves the right to bring an action against the
Respondents pursuant to Section 107 of CERCLA for recovery of
all response and oversight costs incurred by the United States
related to this Consent Order and not reimbursed by the
Respondents, as well as any other past and future costs
incurred by the United States from the Fund in connection with
response activities conducted pursuant to CERCLA/SARA at this
site.
EPA recognizes that there may be other responsible parties
connected with this Site and that the Respondents are
exercising good faith in entering into this Order. It is the
policy of EPA to take recalcitrance and cooperation into
consideration when the Agency determines future appropriate
actions.
XVIII. OTHER CLAIMS
EPA and Respondents agree that pursuant to Section 113(f) (2) of
CERCLA, 42 U.S.C. Section 9613(f) (2), signatories to this .. Order
shall not be liable for claims for--contribution regarding
matters addressed in this Consent Order. Any other potentially
liable persons are not discharged by this Consent Order.
Nothing herein is intended to release any claims, causes of
action or demands in law or equity which EPA or the Respondents
may have against any person, firm, partnership or corporation,
not a signatory to this Consent Order, for any liability such
non-signatories may have arising out of or relating in any way
to the generation, storage, treatment, handling,
HS234RBH
• -18-• transportation, release or disposal of any hazardous
substances, hazardous wastes, pollutants, or contaminants found
at, taken to, or taken from the Site.
This Consent Order does not constitute any decision on
preauthorization of funds under Section lll(a) (2) of CERCLA.
Additionally, the Respondents agree not to assert any claim or
causes of action against the Hazardous Substances Superfund for
any costs arising out of the response activities undertaken
pursuant to this Consent Order.
XIX. OTHER APPLICABLE LAWS
All actions required to be taken pursuant to this Consent Order
shall be undertaken in accordance with the requirements of all
applicable local, state and federal laws and regulations unless
an exemption from such requirements is specifically provided
under CERCLA, elsewhere herein, or is made a part hereof at a
later date.
XX. INDEMNIFICATION OF THE UNITED STATES GOVERNMENT
The Respondents agree to indemnify and save and hold the United
States Government, its agencies, departments, agents, and
employees, harmless from any and all claims or cause of action
arising from or on account of acts or omissions of the
Respondents, their agents or assigns, in carrying out the
activities pursuant to this Consent Order. EPA is not a party
in any contract involving the Respondents at the Site. The
Respondents do not agree to indemnify the United States or its
agencies, departments, agents or employees for that portion of
any claim or cause of action attributable to the actions or
omissions of the United States or its representatives at the
Site or in connection with this Consent Order.
XXI. PUBLIC COMMENT
EPA shall make both the Remedial Investigation Final Report and
the Feasibility Study Report available to the public for review
and comment in accordance with CERCLA Section 117, Section
300.67 of the National Contingency Plan and EPA's Community
Relations Policy which provide for at least a twenty-one (21}
day period for public review and comment. Following the public
review and comment period, EPA shall notify the Respondents
which remedial action alternative EPA has approved for the Site.
XXII. EFFECTIVE DATE AND SUBSEQUENT MODIFICATION
In consideration of the communications among the Respondents
and EPA prior to the issuance of this Consent Order concerning
its terms, the Respondents agree that there is no need for a
settlement conference prior to the effective date of this
HS234RBH
• -19-• Consent Order. Therefore, the effective date of this Consent
Order shall be the date on which it is signed by EPA's Regional
Administrator, Region IV.
This Consent Order may be modified by mutual agreement of EPA
and the Respondents. Such modifications shall be in writing
and shall have as the effective date that date on which such
modifications are signed by EPA's Regional Administrator.'
No informal advice, guidance, suggestions, or comments by EPA
regarding reports, plans, specifications, schedules, and any
other writing submitted by the Respondents will be construed as
relieving the Respondents of their obligation to obtain such·
formal approval as may be required by this Consent Order.
XXIII. PARTIES BOUND
This Consent Order shall apply to and be binding upon the
Respondents and EPA, their agents, successors, and assigns and
upon all persons, contractors, and consultants acting under or
for either the Respondents or EPA or both.
No change in ownership or corporate or partnership status
relating to the Site will in any way alter the status of the
Respondents or in any way alter the Respondents' responsibility
under this Consent Order. The Respondents will remain the
Respondents under this Consent Order and will be responsible
for carrying out all activities required of the Respondents
under this Consent Order.
The Respondents shall provide a copy of this Consent Order to
all contractors, sub-contractors, laboratories, and consultants
retained to conduct any portion of the work performed pursuant
to this Consent Order within fourteen (14) calendar days of'the
effective date of this Consent Order or date of such retention.
XXIV. NOTICE TO THE STATE
EPA has notified the State of North Carolina pursuant to the
requirements of Section 106(a) of CERCLA.
XXV. TERMINATION'AND·SATISFACTION
The provisions of this Consent Order shall be deemed satisfied
upon the Respondents' receipt of written notice from E~A that
the Respondents have demonstrated, to the satisfaction of EPA,
that all of the terms of this Consent Order have been
completed, or on the thirtieth day following EPA's issuance of
the Record of Decision covering this Site provided that the
Respondents have completed the work required by this Consent
Order, whichever comes first. When this Consent Order is
HS2J4REJH
• -20-• deemed satisfied, the EPA shall release Respondents from all
liability for costs incurred by Respondents pursuant to this
Consent Order.
IT IS SO AGREED AND ORDERED:
By:
Greer C. Tidwell '
Regional Administrator
Region IV
Date:
U.S. Environmental Protection Agency
For the Respondents:
By: [ fllll Date:
Chairman
By: Date:
ration
livan
X!Xy(K resident Date:
By: Date:
num & Chemical Corporation
'Joseph A. Bonn
~ Vice President Date:
HS234RBH
DEC 1 6 1988
)/~ Ju t 'I ,j) I'
,/ I
December 1 • 1988
December 6 , 1988
• •
GEIGY CHEMICAL CORPORATION SITE
GUIDANCE DOCUMENTS PROVIDED TO RESPONDENTS PURSUANT TO THIS ORDER
1. OSWER Directive 9355.0-7B (Two Volumes), March 19871
2. •.
3.
4 .
Data Quality Objectives for Remedial Response Activities,
Development Process;
Data Quality Objectives for Remedial Response Activities,
Example Scenario, RI/FS Activities at a Site with
Contaminated Soils and Ground Water.
OSWER Directive 9335.3-01, Guidance for Conducting Remedial
Investigations and Feasibility Studies Under CERCLA, Draft March
1988. .
EPA Region IV, Environmental Services Division, Engineering
Support Branch Standard Operating Procedures and Quality
Assurance Manual, April 1986.
EPA Headquarters, Office of Monitoring Systems and Quality
Assurance, Interim Guidelines and Specifications for Preparing
Quality Assurance Project Plans, May 1980 (QAMS 005/80).