NCD001810365_19860210_Martin-Marietta Sodyeco Inc. (Clariant)_FRBCERCLA C_Consent Orders 1984 - 1986-OCR

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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
FEB 1 O 1986
4\.'D-ER
CERrIF'IED MAIL
RETURN PS:.CEIPT REQUESTED
Mr. Wilton Rankin
345 COURTLAND STREET
ATLANTA, GEORGIA 30365
Secretary and General Counsel.
Sandoz 01emicals Corporation
4000 t'onroe Prnd
Cha.rlotte, North CarolJ.,1a 28205
RE: fandoz (Sodyeco) Site
Cb.arlotte, Nortl1 Carolina
Dear Mr. Rankin:
EnclosE.d is an execnted copy of the Administrative Order by Consent
(Consent Order) for t11e above referenced site.
S · ncerely yours, () u
ack E. Favai,
Regional Administrator
Enclosure
cc: \•Jilliam Meyer, NC Solid & Hazardous \'/aste
Chctrl.es Case, Attorney
Flill Archer, Sandoz 01ern.i.cal.s
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UNITED STATES I'NVIRONMEN'I'AL PRCYI'ECTION AGEt-'.CY
REGION IV
Hi TBE Ml'.'ITER OF:
So6'Jeco ( Sandoz ) Site
Charlotte, North C2rolina
Sandoz Chemicals Corp.
4000 ~or.roe Ps0ad
0:arlotte, North Carolina
PEbT 01'.~ENT.
Prooeedinq Under Section 106(a)
of t.'ci.e Cm,prehensive Environ-
mental P.esp::,nse, Carpensation,
and Liability Act of 1980
(42 u.s.c. §%06(a))
U.i:. EPA DCCKC'l' NO. 86-07-C
N:MINisrRATIVE ORDEP. ON. CXJNSENr
I. JURISDICTICN
This Consent Order is entered into by the United States iliv!.rormental
Protection Agency (EPA) with Sandoz Chemicals Corp:iration (Sandez or
Resp::,nc1ent) pursuant to the authority vested in the President of the
United States by Section 106(a) of the Carg:,rehensive Envirorurental
Resp::,nse, Ccnpensation, and Liability Act of 1980 (CERCU>.), 42 u.s.c.
§9606(a), and delegated to the Administrator of t.1-ie United States
Fnvircnnental Protection Agency (EPA) on August 14, 1981, by Executive
Order 12316, 46 Fed. Reg. 42237, and further delegated to tr.e Assistant
Administrator for Solid Waste and Emergency P.esp::,nse and the P.egional
Administrators by EPA Delegation Nos. 14-14 and 14-14-A, t.'1e latter of
which was signed on April 16, 1984.
'l'he Resp::,ndent agrees to undertake all actions required by the terms and
conditions of this Consent Order. Resp::,ndent also consents to and will
not contest EPA jurisdiction regarding this Consent Order, subject to
Sections VIII and XIV herein.
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Resrx,ndent does not, by enterins into this Consent Orel.er, ac'wit the findings of
fact and detenninations herein; hcwever, Respondent 2grees not to challenge these
findings and detenninations :for purposes of this C'-0nsent Or<'.'er.
II. STATEMENT OF PUProSE
In entering into this Consent Order, the mutual objectives of EPA and Sandoz
are: (1) to detennine fully the nature and extent of the threat to the public
healt'1 or welfare or the environrnent caused by the release or threat.ened release
of hazardoos substances, rx,llutants, or contaminants from the Sodyeco Site
(Remedial Investigation), and (2) to evaluate alternatives for the appropriate
extent of rerredial action to prevent or mitigate the wis-ra.tion or the release
or threatened release of hazardous sut,stances, rx,llutants, or contaminants from
the Sodyeoo Site (Feasibility Study). The a.ctivities conducted purst,ant to
1:Jlis Consent Order are subject to approval by EPA 2.r.d shall ;,e consistent with·
the National Contingency Plari, 40 CFR Part 300. 68 (a) - ( j ) ( 4 7 Federal ister
311.80 (July 16, 1982), revised at 48 f'eoeral Register 40658 (September 8, 1983 )
WCP) and shall also be consistent with the rEqUirements for continuing releases
tmder Section 3004(u) of the Res=ce Conservation and Recove,:y Act (RCRA), 42
u.s.c. §6924(u) and regulation pranulgated at 40 CFR §§ 260-270.
Work undertaken pursuant to this Consent Order sball not delay or restrict in
any way the pennitting process for the RCFA regulated facilities. Responcent
recognizes that nothing in the Consent Order shall relieve Resrx,ndent fran
furn.i.shing t:J,_e Part 3 infonnation required in 40 CFR Parts 264 ?Jld 270, and
particularly §270.14(c) for the RCRA regulated units at the site.
It is further recosnized and agreed to that Solid Waste MaPagerrent Units per
§3004(u) other than those to be investigatecl in the RI/FS do exist at the site.
Sare or all of these Solid Waste t•Bnageirent Units J-,ave actual or r..otent.i_al
releases of hazardo1s wastes or constituents. Actual or potential releases
fran these units to groundwater shall be investigated to the extent fec,sible in
the RI/FS. f'cwever, this Consent Order does not specifically require investigation
of these other Solid Waste Managerrent Units and notJ-ling in this Consent Order
prevents EPA fran requiring such investigations under RCRA.
III. FHIDINGS OF FACT
The foll=ing constitutes an outline of the facts ufOn which this Consent Oro.er
is based:
A. The &:Jdyeoo Site (Site) is approxirrately 1000 acres and is located in
~~cklenburg County approxirrately 10 miles west of Charlotte, North
Carolina at cccrdinates 35°17'00"N latitude and. 81°00'26"W longitude.
B. The ResIXJndent is a New York Corporation and is the current cwner
and operator of the site.
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C. The site is on the National Priorities List as defined in Section 105 of
CERCT.A, 42 u.s.c. §9605. Certain other arec.s arKl units located at the
site are subject to the permitting recruirerrents under Secti.or>. 3005 of RCRA,
42 u.s.c. ~6925.
D. A sa1q;,ling study of the site was conduct€<'!. by EPA on June 21-25, 198~.
Sodyeco has sampled the sroundwater periodically since 8epteiiber, 1980.
E. Sampling results inclicated areas of contamination of the groundwater at
the site by the following canpounds: toluene, chlorobenzene, e+.hylbenzene,
xylene, dichlorobenzene, tetra.chloroethylene, and trichloroethylene.
F. Expcsure to the said hazardcus substances rray cause illness, disease,
death or otl1er harniful effects to plant, animal life and h=s.
G. All surface drainage frcm the site flews eiilier tc:,w-crd l.on9 Creek or tcwrrds
the ,Catawba R:i.ver.
IV. CCNCLUSIONS OF 1Nf/
A. The site is a facility within the meaning of Section 101 (9) of CERCTA
42 u.s.c. §9601 (9). The site is a generator of hazardous waste within
the meaning of Section 3002 of RCRA, 42 u.s.c. §6922, and also contains
units that are treatment, storage, or disJX>sal facilities within the
rreaning of Section 3004 of RCRA, 42 u.s.c. §6924 and prcmulgated at
40 CTR§§ 260-270.
B. 'Ihe Res:i:ondent is a person as defined in Section 101 ( 21) of CERCLA,
u.s.c. §9601 (21), and as owner of the site, is a res_!_X)nsible party uncler
Section 107 (a)(l) of CERCLA, 42 u.s.c. §9607 (a)(l) and is also a person
subject to the RCRA Continuing Pelease Program under Section 3004(u) of
CERCT.A, 42 U.S.C. §6924(u).
C. The chemicals found in the groundwater as described in Paragraph E
abcve are "hazardous substances" within the ireaning of Section 101 (14)
of CERCT.A, 42 u.s.c. §9601 (14), and are constituents within the meaning
of RCRA.
D. The presence of hazardous substances at the site, their past and
potential ·"migration to surrounding soils and groundwater, constitutes
both an actual release and threatened release within the meaning of
Section 101 (22) of CERCTA, 42 u.s.c. §9601 (22), and also constitutes a
continuing release within the meaning of RCAA. Continuing Release Pro,;ram
under Section 3004(u) of RCPA, 42 u.s.c. §6924(u).
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V. DITERMINATION
Based on the findings of F2ct and Conclusions of Law set out alxlve, EPA he.s
detennined that:
A. The actual an.d/or threatened release of hazardous substances frcm the
Site ll'ay present e.n irrr'1inent and substantial endangenrent to tlce public
health or welfare or the environrrent.
B. The actions required hy this Consent Order are necessary to protect the
public health and welfare and the environment.
VI • PARTIES BOUND
This Consent Order shall apply to anc,. be binding upon the Respondent and
LFA, their agents, successors, and assigns and uron all pe-roons, contractors
and consultants acting under or for either the Respondent or EPA or both.
No change in a.mersr,ip or coq:orate or partnership status relating to the Site
will in any way alter the status of the Respondent or in any way alter the
Resrx:mdent' s resronsibility under this Consent Crder. The Resrondent will
reiain the Respondent under this Consent Order and will be resi::ansible for
carrying out all activities required of the Resrondert under L'lis Consent
Order.
'!he Resrondent shall provide a copy of this Consent Order to all contractors,
sub-contractors, laboratories, and consultants retained to conduct any r:ortion
of tl1e work performed pursuant to this Consent Order within fourteen (14) ca-
lendar days oft.he effective date of this Consent Order or date of suc11 reten-
tion, whichever is applicable.
VII. B::Yl'ICE TO THE f'l'ATE
The requirement of Section 106(a) of CERCIA to notify the State of Forth
Carolina has been satisfied.
VIII. WORK TO BE PERFORMED
All work perfonred pursuant to this Consent Order shall 1:€ under tl1e direction
and supervision of a qualified professional ensineer or a certified geologist.
with expertise in hazarda.1s waste site cleanup. Prior to t.'1.e initiation of the
site work, the Resrondent 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 ternlS of this Consent Order.
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Based on the foregoinc,, it is hereby AGRff.]) 'I1J HID ORDERTX that U,_e followinq v.,:,rk shall be perfonned:
l', • Within 30 days of t.'le effective date of this Consent Order, the Respondent shall suhinit to EPA a plan for a canplete Rerredial Investigation and Feasi-bility Study (RI/FS Work 10lan). This plan shall be developed in accordanc<c with the EPA Rerredial Investigation and Feasibility Study guidance docwrents whicr, have bee.n provided to the Respondent by EPA ( "Guidance on rcernedial Investigations under CERCIA" and "Guidance on Fe.asibility Studies under CERCTA", 10th elated June, J.985). As described in this guidance, the RI/FS Work Plan must include a sampling plan and a schedule for deliveralc.J.es and COT1oletinc, the RI/PS, A separate cormunity relations plan must also be submitted. The Project ~erctions Plan (POP) shall be submitted wj_thin 30 calendar days after EPA approval of the RI/FF l'iork Pl.an. The NP must include: (1) a detailed sampling plan, (2) a heal.th and safety plan, ( 3) a plan fer satisfaction of penni tting requirements, ( 4) a description of chain of custody procedures, and (5) a description of quality control and c,uality assurance procedures. The RI/FS l•brk Plan and all. other reports and plans shall be subject to review, modification, and approval by both RCRA and CE:RCLA persormel within EPA and where appropriate, the state of North carolina, and any conflict beb.veen RCRA and CERCI.A shall be decided by tne Project Coordinator for EPA after consultation with l"brth Carolina, v,here applicable.
B. Within 45 calenclar days after receipt of tl1e RI/FS Work Plan hy EPA, EPA shall notify the Responr1ent in writing of EPF.' s approval or disapproval of the RI/FS 1,:ork Plan or any part thereof. In the ever,t of any disapproval, FPA shall specify in writing both the deficiencies and any EPA recanrrended modifi-cations regarding the RI/FS Werk Plan.
C. Within 15 calendar days of the receipt of EPA notification of RI/FS Work Plan disapproval, the Respondent shall an-end and submit to EPA a revised P.I/FS vfork Plim. In the event of subsequent disapproval of the RI/FS "brk Plan, and upon canpletion of the dispute process contained in Section XIV herein Joela,,, EPA retains the right to conduct a ca,y:,lete RI/FS pursuant to its authority under O':RCIA.
D. The Respcndent shall :i.nplement the tasks detailed in the Re"E!dial Investigation and Feasibility Study Work Plan (RI/FS Work Flan) subject to tr,_e provisions of Section XIV herein bel.c:w. Ufx:,n approval by EPA, said approval not being arbitrarily and capriciously withheld, ilie RI/FS \~ork Plan will he attached to and incorporated in this Consent Order (Attachn-ent 1). 'Ihis wcrk shall be conducted in accordance with the EPA Remedial Investigation and Feasibility Study guid,mce documents referred to in VIII A atove, and with the standards,. specificatior"'3, and schedule contained in ilie RI/FS Work Plan.
E. Within seven (7) calendar days of approval of the RI/FS ,·brk Plan by EPA, Respondent shall ccmrence 'l'ask 1 of ilie FI/FS W'.)rk Plan,
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F. The Respondent shall provide rronthly written progress reports to EPA
according to the schedule ccntainro in the RI/FS \·;ork Plcill-At a IT'inimum
these progress reports shall: (1) descriJ:-,e the actions which have, been
taken tcward achieving canpliance with this Consent CTder, (2) include
all veri.fied results of sampling and tests and all other validated data
received by the respondent and a sunmary of those clata colJ.ectec. that
have not been validated, and (3) include all plans and procedures caopleteo.
subsequent to EPA approval of the RI/FS Vbrk Plan during the past rronth,
as well as such actions, data, and plans which are scheduled for the next
r:onth. These reports are to be rrailed by certified ireil to EPP .. by the
tenth day of each rronth follo,dng the date of EPA approval of the RI/FS
Work Plan.
G. The F:espondent shall provide preliminary and fin.al rerorts to EPA accord-
ing to the schedule contained in t.he RI/FS v-:ork Plan.
H. EPA shall review the preliminary and final reports cilld within 45 calendar
days of receipt by EPA of such reports, EPl\. shall notify the Respondent
in writing of EPA's approval or oisapproval of these reJ.X>rts or any
part thereof. In the event of any disapproval, EPA. shall specify
in writing both the deficiencies and the reasons for such disapproval.
I. \'lithir, 30 calendar days of receipt of EPA notification of preliminary or
final report disapproval, the Respondent shall amend and submit to EPA
such revised rerx,rts and perforr,,. any additional studies pursuant to EPA
review. In t."ie event of disapproval, and upon canpletion of the dispute
procedures contained in Section XIV herein belcw, EPA retains the right
to amend such reports, to perform additional studies, and to conduct a
complete ReiredJal Investigation and Feasibility Study pursuant to its
authority under CERCIA.
J. DoCl.unents, including reports, approvals, and other correspondence, tc be
sub!T'itted pursuant to this Consent Order, shall be !!'ailed by certified rrail
or hand delivery with a&ncwledged receipt to the follcwing addresses or
to such other addresses as the Respondent or EPA hereafter rray designate
in writing:
1) Doaurents to be suJ:mLttecl to EPA should be !!'ailed to:
(5 cqiies)
Ms. Giezelle s.. Bennett.
Canpliance Project Officer
U. S. Environrrental Protection Agency
ERRB/ICS
345 Courtland St. NE
Atlanta, GA 30365
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2) Cocurrents to be submitted to the Responder,t shoulc. be m,iled to:
hr. Bi.11 Archer
Sandoz 01emicals Corr-oration
f:-lighway 27 West
F.O. Box 669246
Charlotte, t<corth C'..arolina 2E266
One copy of all documents sent to EPA by the Respona.ent or seat to the
Resp:mdent by EPA should be sent to !tr. rTilliarr. Meyer, Eead of the i,orth
Carolina Solid and Hazardous Waste Branch,
K. In addition to the EPA-approved tasks and deliverables to be caipletec.
pursuant to this Consent Order, FPA. ray determine that additional tasks,
including rEmedial investigatory 'M:lrk and/or engineering evalu2.tion, rray
be necessary as part of the RI/FS. Subject to the "Dispute !i.esolution"
Section (Section XIV) of this Consent Order, the Resrondent shall
in"l'.)ler..ent any additional ta~ks which EPA determines J1ecessary as part
of a Rerredial Investigation and Feasibility Study and wlu.ch. are in
addition to the tasks detailed in the RI/FS \brk Plan. The additional
work shall be canpleted in accoraance with the standards, specifications,
and schedule detennined or approved by EPA.
IX. DESIQ!A.TED PROJECT CCOFDINA'IORS
On or before the effective date of this Consent Order, EPA and the Resp:mdent
shall each designate a Project Coordinator. F..ach Project Coorc1inator shall be
res:ponsible for overseeing the implementation of this Consent Order. To the
rraximurn extent rossibl.e, carrnunications between the Respondent and EPA and all
doa.m-ents; incluning reports, approvals, and their correspondence, concerning
tJ1e 2.ctivities performed pursuant to t11e tern-s and conditions of this Consent
Order; shall be directed throogh t11e Project Coordinators.
EPA and the Respondent each have the right to change fteir resr-ective Project
Coordinator. Such a dlange shall be accanplished by notifying the other party
in writing at _least five calendar days prior to the change.
TI1e EPA Project Coordinator shall have the authority vested in the Cn-:'";cene-
C'.oord.i.nator by the NCP. This includes the authority to halt, conduct, or direct
any tasks required by this Consent Crder and/or any resfOnse actions or portions
thereof when conditions present an imnecliate risk to public health or welfare
or the environment. This provision shall not constitute a waiver by the
Respondent of its rishts to contest or object to any such actions, wllic.h
shall be consistent with the NCP and the RC:R/1. Continuing Release Progra,11.
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'Ihe atsence of the EPA Project Ccordinator from the Site shall not be c2.use for
the stoppage of vA'.lrk, unl€ss such stoppage of work is due to the abs<'nce, of
t.'le EPA Project Coordinator from the Site.
X. CUALI'lY 1'..SSUPJl.KCE
~.he Pespondent shall use quality ansurance, q,.1a.lity control, end chain of
custo-'ly procedures in accordance with the EPA, Region 4, !".nvironmental Services
Division Standard O,:,erating Procedures M.;lnual throughout ?,11 sample collection
and analysis activities. This manual shall be provided to the Pespondent by
EPA.. 'Ihe Responc1ent shall consult,with EPA in planning for, and prior to, all
samplin9 and cnalysis as ccetailed in the RI/E'S Work Plan. The Respondent shall
ensure that EPA personnel are allavle<'.", access to t.'le lah:,rator.1 utilized D'.f the
Respondent for an2lysi£ of sarrples collected p1.,rsuant to this Conser.t Order.
In order to provide c.uality assurance anD ITE.intain ecuality control regarding
all sar-ples collected pursuant to this Ccnsent Order, the Respondent shall:
A. Ensure that the la.boratory{s) utilized by the Respondent for ar>.alyses
perform such analyses acoording to EPA rretho:ls or rrethoc.s deanec'. satisfac-
tory to EPA and subrrit all protocols to be used for analyses to EPA at
least 14 calendar days prior to the cam-encement of analysis.
B. Ensure that laboratory{s) utilized by the Respondent for analyses partici-
pate in an EPl'. quc.lity assurance/quality control program equivalent to
that which is followed by EPA and which is consistent with EPA dccurrent
(]I\HS-005/80. As part of such a program, and upon request by EFA, Respon-
dent shall insure that such laboratory{s) i:erfonr. such analysis according
to EP/;. rrethods or rr-ethods deerred satisfactory by EPA and sw:,rnit all
protocols to be used for analysis to EPA. 'I'he lat-oratory anC tl>e <!:llality
of its analytical data shall be 2,pproved by EPA at least 14 calendar days
prior to the camencerrent of analysis, such approval can not. be arbitrarily
and capriciously withheld. Upon the failure of the designated lat-oratory to
qual.Lfy, the F~sr:ondent 1d.ll 1:-e subject to the "I:'elay in Perforr.ance/
Stipulated Penalties" Section {Section XV of tccis Consent Order). A
n'2Ximum annual number of four per analytical canbination; e.c,., four
aquecus sumples by Gas Chraratography /Mass Spectrorretry, four soil/ sediJ,-ent
sarrples by Gas Chraratography/Mass Spectrar.etry, etc., may l::-e provided to
each lal:::oratory.for analysis.
XI. SITE ACCESS
'lb the extent that areas covered by the Work Plan are presently awned by
parties other than those bound by this C'-0nsent Order, the Respondent will
use its L-est efforts to obtain site access a~-reements from the present owners
within 30 calendar nays of the effective date r:of this Consent Order. Such
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agreane,,ts shall provide reasonable access to FPL and/or their authorized
representatives. In the event tr.at. site access a~rreements ere not cbtained
within the time referenced above, the Resr:oncent shall notify EPA resarding
beth tr.e leek of, and efforts to obtain, such agreerrents within 30 calendar
days of the effective date of tJ,is Consent Order.
XII. S/11--:PLING, ACCESS, AND DATA/IXCUMEN'I AVAILABILITY
The 11esr-ondent shall rrake the verified results of all sampling and/or tests
or other validated data generated by the Respondent or on the Fespcndent' s
bel,alf, witJ, respect to tJ,e ir:plerocntation of this Consent Order, available
to EPA and shall sul:rnit these results in monthly progress rq:orts as descril:ed
ir, Section VIII of this Consent Order subject to the confioentiality anc
privlleqe provisions in this Section XII. EPA will rrake available to the
Res:,uncent the results cf sampling and/or tests or other data similarly
generatec1 by EPA as such results or data becone available.
i\t the rec_'llest of EPA, the Respondent shall allo., split or duplicate sarrples
to be taken by EPA and/or their authorized representatives, of any sa,rples
collecte6 by t.'1e Respondent pursuant to the imple.rcentation of this Consent
Order. The Pespondent shall notify EPA not less than 72 hours in advance
of any sample collection activity. At the request of Responcent, EPA shall
allo.·.' split or duplicate sariples to be taken by Respondent and/or t11eir
authorized represent2-tives, of an'/ sarrples collected by the EPA pursuant to
the in,ple:r:entation of this Consent Order. '!he EPA shall notify Respondent
not less than 72 hours in advance of any sample collection activity.
EPA an6/or tl,eir authorized representative shall have the autJ-iority to ranter
and freely rrove about all property at the Site at all reasonable titres for ti,e
purposes of, inter ali_a: inspecting records, operating logE, and contracts
related to ti,e conditions at the site being adcressed under tllis Consent
Order am the w::>rk perfonred at tlle Site; reviewing the progress of the
Respondent in carrying out the terns of this Ccnsent Order; conducting such
tests as EPA or t_he Project Coordinator deem necessary; and verifyinc, the
data sul::rnitted to EPA 1:y the Responcent. The Respondent shall pennit such
persons to inspect and ccpy all records, files, r,hotoqraphs, docurrents, and
oilier writings, including all sampling and nonitoring data, in any way
pertaining to work undertal~en pursuant to this Consent Order. All parties
with access to the Site pursuant to this paragraph shall corrply with all
approved health and safety plans.
The respondent may assert a confidentiality clairn, if appropriate, covering
part or all of t.he inforrration requested by this Consent Order pursec>.nt to
40 C.F.R. §2.203(b). Such an assertion shall be adequately substantiated
when the assertion is trade. Analytical data produced under iliis Consent Order
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shall not be claimed as ccnfidential by the Resporx:ent.. Inforn&tion detenrined
to be conficJential by EPA will be afforded the protection specified in 40
C.F.R. Part 2, Sul::part B. If no such claim accorrp2mies the inforr:aticn vfhen
it is submitted to EPA, it rray be nade available to the PL'blic by EPt..
without furtl,er notice to the Resp:mdent. Resrcnc1ent does not by signing this
Consent Order v,aive fill'./ privilege that. it rray have under state or federal law
and reserves its riqhts to assert such privileges as it may have.
XIII. RECORD PPESERVATION
t:PA and the Resr-0ndent agree t..'lat each shall preserve, during the pendency
of this Consent Order a.nd for a nd.nimum of six ( 6) years after its termination,
all reccrd.s and docurrents in their po,;session or in the poss.ession of their
divj_sions, eITloyees, agents, accountants, ccntractors, or attorneys which
relate to the conditions at t..'le site being addressed ur.der tJ,is Consent Order,
clespi te aify' docurrent retention policy to the contrary. After this six year
perioc1 , the Respondent shc:ll notify EPA w:i.thin 3G c2J.enda.r days prior to the
destruction of any such docurrents. Upon i::-equest by EPA, the i.:espondent shall
make available to E1'A. such records or copies of such records sul)ject to the
confic:ent.i.ality and privilege provisions ccntained in Section XII of this
Consent Order. Additionally, if EPA requests that sorre or all docurrents be
preserved for a longer period, the Respondent shall ccrnply with such request,
subject to Section XIV of thls Consent Order. ~)<)thing in this Section shall
prevent respondent fran cl.isr:osing of its nornel business records in the typical
course of business.
Xl:V. DISPUI'E FESOI..UrICN
If the Respondent objects to any EPA notice of disapproval or decision rade
pursuant to this Ccnsent Order, the Respondent shall notify EPA in writinq of
its objections within foorteen (14) days of receipt of the f!ecision. EPA 2.ncl
the Resr:ondent then have an additional fourteen (14) days fran the receipt by
EPA of the notification of objection to reach a,:/reernent. If agreenent carmot
be reached on any issue within this fourteen (14) day period, EPA shall imc,e-
d.i.ately provide a written staterrent of its decision to the Respondent.
"JIN. DEL/IY IN PERFOR~ll'lCT/STIPUIA'IBD PENALTIES
If any event oc=s which causes delay in the achievement of the rE.qU:i.rerrents
of this Consent Order, the Responcl.ent shall have the 1:urclen of proving that
tl1e delay was caused by circumstances beyond the reasonable cent.rel of the
Resp:moent which. ca.ild not have been overcare by due diligence. The Respon-
dent shall prorrptly not:i.fy EPA's Project Cocrdi.nator orally and shall, within
seven (7) calendar days of oral notification to EPA, notify EPA j_n writing of
the anticipated length and cause of the clelay, the rreasures taken and/or to
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be taken to prevent or rrinimize the delay, and the t:i.Jretahle by which the
P.espondent intends tc :i.niplenent these rreasures. If the parties can agree that
the delay er anticipated delay has ceen or will ce caused by circu'l\Stances
beyond the reasonable control of the Respondent, the time for perfornance
herem1c!er shall be extended for a period equal to the r..elay resulting fran
such circumstance,;. 'me Pesponde.nt shall adort all reasonable lc\easures tc
avoid or rrin:i.r.d.ze delay. Failure cf the Respondent to carrply witJ-, the
notice requirerrents of this paragraph shall :,:-ender this paragraph void ;and
constitute a waiver of the Fespondent 's right to rec.'.lJeSt a •;12iver cf the
requirements of this Consent Order. Increased costs of perfornance of the
tenis of this Consent Order or chimged economic circurrstances shall not te
considered circu'!IStances beyond the control of the Resi:ondent. In the
event that F'.PA anc1 the Resr::ondent cannot agre,s that any delay in the achieve-
rn<cnt of the require,,,:,,:,.ts of this Consent Order, including the failure to
sci:mi.t any repoi:-t or docurrent, has been or will be cai:sed by circurrstances
beyond the reasonable control of the R.::osporn:1ent, the dispute shall be resolved
in accordance with the provisions of t.'1e "Dispute Resolution" Section (Section
XIV) of this Consent Crder.
For eacli wee', that the Resi:ondent fails to submit a report or docurrent or
otherwise fails to achieve the reouirerrents of this OJNSENT ORDER, ancl fails to
ccrnply with t.he notice r8:fuiranents in the aJ:x:,ve paragraph, the Respondent shall
pay into the Hazardous Substance Response Fund, administered by EPA, the sums
set fcrth belo., as stipulated penalties. Chee.Jes should be addressed to:
U. S. Envirorurental Protection AgenC'J
Accamting Cperations Office (FM-226)
P. o. Box 2971, PDCTc. r-1-3419
Washington, CC 20013
Attn: (Collection Officer for Superfu.nd)
Stipulated pena.lties shall accrue in the arrount of $1,000.00 for the first week
and $2,000.00 for each week thereafter for failure to submit each deliverable
er carply with a schedule as required by this Consent Or<:'er.
The stipulated penalties set forth in t.'lis Section do not. preclude EPA fron
electing to pursue any other reredies or sanctions, which rra.y be available to
EPA by reason of the Respo!'.dent' s failure to carply w:ttJ-, any of the require-
rrents of this Consent Order. Such rareclies and sanctions incluc1e a suit for
statutory penalties up to the arrount authorized by law, a federally-fonded
response action, and a suit for reirrburserent of costs in=red by the
United States and the State of North Carolina.
• •
-12-
Ar,.y reports, plans, specifications, schecl.ules, c>n,l attachrrents rec.iuired by
this Consent Order are, upor. written approval by EPA incori:orated into tbis
Consent Order. Any non-canpliance with such EPA approved rep:,rts, plans,
specifications, schedi;les, an0 attachments sha.11 be oonsiclerea a failure to
achi_eve the requirenents of this Consent Order and will subject the Pesp:mdent
to the provisions include(]. in this Section as atove.
XVI. PESERVATI0~1 OF FIGHTS
t'.owithst,emding ccnpliance with the tenr.s of this C..onsent Orda", including
the ccrnpletion of an EPA approved Perredial Investigation end Feasibility
Study, the Respondent is not released fr=. liability, if any, for any
actions beyond the terrrs of t11is C.onsent Order taken by EPA. resp<c.'Cting the
site. EPA reserves the right to take illlY enforcement action pursuant to
CE,'.CIA c1nd/or ar.y availoble le<:Jal aut1°.ority, including the right to seek
injunctive relief, nnnetary penalties, ar.c. punitive darrases for any viola-
tion of law or t.his Consent Order.
The F:esp::mdent, and EPA expr,;-ssly reserve ell rights and defenses that they
nay have, including EPA' s right both to disapprove of w::,ik perforrred by the
P.espondent and to request tha.t the P.espondent perform tasks in acdi tion to
those detailed in the PI/FS l\brk Plan, as provided in this Consent Order
subject to Section XIV of this Consent Order. In t.'le event that the Respondent
declineos to perform arry additional and/or rrodified tasks, EPP" will have the
ri"ht to 1.mdertake any rerr:edial investigation and/or feasibility study work.
In addition, EPA reserves the right to undertake rerroval 2.ctions and/or rernero.al
actions, other than those required by this Consent Order, at any ti.Ire. In
either event, EPA reserves the riqht to seek reirrbursement fran the Respondent
thereafter for such costs incurred by the Uni.tee. States or tl1e Stc>te of North
Carolina.
XVI I • REIMBURSEI-lr:Nr OF ccsrs
At tJ-,e end of each fiscal year, F:PA shall submit to the Req:ondent an
a.ccamting of all response and oversight costs incurred by the u. s. C.'ov2rnment
with respect to this Consent Order. 'Ihe P.esp:mclent shall, wit.'lin 30 calencar
days of receipt of that accounting, remi.t a ched< for the arrount nf those costs
rrade payable to the Hazardous Substance Res}'.Onse Fund. Ci.eeks shoulc'. specifically
reference the identity of the site and 1:-e addressed to:
U. S. Envirorurental Protection Ager.cy
Accomting Operatj_ons Office (~i-226)
P.O. Pox 2971, Roorr. ~-3419
Washington, L'C 20013
Attention: (Collection Officer for Superfund)
[A oopy of t11e tranSll'ittal letter setoolcl be sent to tb.e Project Coordinator.]
• •
-13-
EPA reserves the right to bring an action against the P.esp:ondent pursuant to Section 107 of CERCU\ for recovery of all response and oversight costs i.n-currecl. by the· United States and the State cf H:irt.'c Carolina reJ.ated to tJ,is Consent Order and not reinil:ursed by t.he Respondent, as well as illlY o&.er past and future oosts in=red by the ltr>it.ed States and the Etate of ~:orth Carclim, in connection wi-!:h response activities conducted pursuant. to CT,'.RCIA. at this site.
XVIII. OTHER CLAIMS
Eothing herein is intended to release a.ny clailr.s, causes of action or derrands in law or eqt.'ity against any person, ::inn, partnership, or corp:,ration not a si<;;-natory to this Consent Order for any liability it ll'i'.Y have arising out of or relating in any way to the generation., storage, trea.trrent, handling, trcns-portation, release, or disposal of any hazardous substances, hazardous wastes, fOllutants, or oontairinants found at, taken to, or taken from the Site.
This Consent Order does net constitute any decision on preauthorization of funds under Section lll(a) (2) of C:ERCI.A.
XIX. OI'l-!ER APPLICABLE lAl•IS
All actions required to be taken pursuant to this Consent Order shall be under-ta}:en in accorcance with the requirerents of all applicable local, state, and federal la¼~ and regulations unless an exarption frorn such requirernents is specifically ,orovided herein.
XX. INDEI-11'-TIFICATION OF EPA
The P.espondent agrees to indemnify and save and hold the United States Ccvern-went, its agencies, departments, agents, and employees, hannless fran any and all claims or causes of action arising fran or on account of acts or omissions of the Pesp:mclent, its agents or assigns, in carrying out the activities pursuant to this Consent Order. EPA is not a party in any contract invcl v:Lng the Respondent at the Site.
XXI • PUBLIC cet,'/'mm'
Upon submittal to EPA cif an approved. Feasibility Study Final Peport, FPA shall rrake the Remedial Investigataion Final ReFCrt and the Feasibility Study Final Peport available to the public for revie.1 and ccmrent for, at a mininlum, a twenty-one (21) day period, pursuant to EPA's Camunity_Relations Policy. Folloo.ng the public revie,,, and ccmrrent period, EPA sr.all notify the P.esp:indent which. ranedial action alternative is approved for the site. Er.,A' s final selection and approval of a remedial action 2lternative shall constitute a Re=rd of i::ecision for the site.
• •
-14-
XXII. EFFECTIVE DATE Al'::D SUBSE(JJENI MODIFICATION
The effective date of this Consent Order shall be the date on which it is signed
by EPA. In consideration of camrunications between the Respondent and EPJI. con-
cerning the terms of this Consent Order, the Respondent waives any rights it
rra.y have tc confer with EPA prior to the effective date of this Consent Order.
This Consent Order rray be mcxlified by rrutual agreement of EPA and the Fespondent.
Such rrodifications shall be in writing and shall have as the effective date,
that date on which such rrodifications are signed by EPA.
r-b inforrral advice, guidance, suggestions, or ccmrents by EPA regarding reports,
plans, specifications, schedules, and any other writing submitted by the
Respondent will be construed as relieving the Respondent of its obligation to
obtain such forrral approval as may be required by this Consent Order.
XXIII. TEFMINATION AND SATISFACJ'ION
Unless terminate:'! sooner as provided herein, the provisions of this Consent
Order shall ce deened satisfied upon the Respondent's receipt of written notice
fr= EPA that the Respondent has denonstrated, to the satisfaction of EPA, that
all of the tenrs of this Consent Order, including any additional tasks which
EPA has detennined to be necessary, have been carpleted.
::,#::7L
Trurran L. Koehler, President
Sandoz Olanicals Corporation
BY:
E. RA\WJ
ional Administratcr
Region IV
u. s. Environrrental Protect.ion Agency
EFFECrIVE Ill\TE: February 10, 1986
rate
\
' ' • UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
NOV C· l JS65
~4SCOURTLANOSTREET
ATLANTA, GEORGIA 30365
REF: 4WD-ER
CERTIFIED MAIL
REI'URN RECEIPT P.ECUESTED
Mr. Wilton Rankin
Secretary and General Counsel
Sandoz Chemicals Coq:oration
4000 Monroe Road
Charlotte, Nortr. Carolina 28205
RE: Sandoz (Sodyeco) Site Charlotte, NC
Dear Mr. Rankin:
. . ii6 G El,,,, S,~ ,.,_-· V,
,, -1219 !, , c/5 ,;,; '
'. /fi
'-~I<~~~
"""
'!he Agency is in receipt of your October 3, 1985 letter in which your
carpany rrade an i.nrnediate, tmequivocal offer to conduct the Rerredial
Investigation and Feasibility Study (RI/FS) for the al:ove referenced site.
In order to conduct the RI/FS, your carq:,any rrust first sign a consent
agreerrent witll the EPA. If a consent agreenent is not signed within
sixty (60) calendar days of the date of this letter, EPA will proceed
with the implenentation of the RI/FS and will seek to recover all of the
Agency's ccsts when they are carpleted. A draft Consent Agreement is
enclosed for your review.
We urge you to contact EPA within fourteen (14) calendar days of your
receipt of this letter to·arrange a meeting for further discussion of the
Agreenent. If you have any questions or wish to rrake arrangenents for a
meeting, please contact either 1/ir. Reuben Bussey, Assistant Regional Counsel,
at [phone], or Ms. Giezelle Bennett of my carpliance staff at
( 404) 881-2930 ..
Sincerely yours,
Enclosure
William Meyer
NC Solid and Hazardous Waste
• • •
L'NITED STATES ENVIRONt-!El\7TAL PROI'ECTION AGENCY
REGION IV
IN THE MATI'ER OF:
Sodyeco (Sandoz) Site
Charlotte, North Carolina
Sandoz Chanicals Corp.
4000 Monroe Foad
Charlotte, North Carolina
RESFONDENT.
Proceeding Under Section 106(a)
of the Ccrnprehensive Environ-
mental Response, Canpensation,
and Liability Act of 1980
(42 u.s.c. §9606(a))
U.S. EPA rxx::KET NO.
Art-:INISTRATIVE ORDER a, CONSENT
I. JURISDICTICN
This Consent Order is entered into by the United States Environmental
Protection Agency (EPA) with Sandoz Chemicals Corporation (Sandoz or
Respondent) pursuant.to the authority vested in the President of the
United States by Section 106(a) of the Ccrnprehensive Environrrental
Response, Catpensation, and Liability Act of 1980 (CERCLJI.), 42 u.s.c.
§9606(a), and delegated to the Administrator of the United States
Environmental Protection Agency (EPA) on August 14, 1981, by Executive
Order 12316, 46 Fed. Reg. 42237, and further delegated to the Assistant
Administrator for Solid Waste and Emergency Response and the Regional
Administrators by EPA Delegation Nos. 14-14 and 14-14-A, the latter of
wnich was signed on April 16, 1984.
'Ihe Respondent agrees to undertake all actions required by the terms and
conditions of this Consent Order. Respondent also consents to and will
not contest EPA jurisdiction regarding this Consent Order.
• -2-•
II. STATEMD:"I· OF PuTPOEE
In entering into tl1is Consent Order, the mutual objectives of EPA and Eandoz
are: (1) to determine fully the nature and extent of the threat to the public
health or welfare or the environment caused by the release or threatened release
of hazardous substances, i:ollutants, or cont.aIPinants from the Sodye= Site
(Rerredial Investigation), and (2) to evaluate alternatives for tl1e appropriate
extent of rerredial action to prevent or mitigate the migration or the release
or threatened release of hazardous substances, fOllutants, or ccnt.aIPinants frcr,1
the Sodye= Site (Feasibility Study). 'Ihe activities oonducted pursuant to
tlus Consent Order are subject to approval by LPA and shall be consistent with
the National Contingency Flan, 40 CFR Part 3G0.68 (a) -(j) (47 Federal Register
31180 (July 16, 1982), revised at 48 Federal Register 40658 (September 8,
1983)).
III. FINT!INGS OF FACT
'Ihe follcwing oonstitutes an outline of the facts ui:on which this Consent Order
is based:
A. 'Ihe Sodyeoo Site (Site) is approxinately 1000 acres and is located in
Mecklenburg County approxi.rretely 10 wiles west of Olarlotte, North
Carolina at ooordinates 35°17'00"N latitude and 81°00'26"W longitude.
B. 'Ihe Resi:ondent is a North Carolina Cori:oration and is the =rent amer
and operator of the site.
c. '!he site is on the National Priorities List as defined in Section 105
of CERCI.A, 42 U.S.C. §9605.
D. A saropling study of the site was oonducted by EPA on June 21-25, 1982.
Sodyeco has been conducting periodic sampling of the groundwater since
November, 1982.
E. Sampling results indicated the oontarrination of the groundwater by the
follcwing ccrnpounds in the given ranges: parts-per-billion(ppb); belc,,,,
detectable limit (BDL)
Toluene BDL-360 ppb
Chlorobenzene BDL-17,000 ppb
Ethylbenzene BDL-50 ppb
Xylene BDL-2,390 ppb
Dichlorobenzene BDL-5,080 ppb
Tetrachloroethylene BDL-2,740 ppb
Trichloroethylene BDL-78 ppb
F. E>.-posure to the said hazardous substances may cause illness, disease,
death or other harmful effects to plant, anirral life and humans.
G. All surface drainage fran the site flows tc,,,,ard Long Creelt and the
Catawba River.
H. 'Ihe drinking water supply of approtlr;,ately 2500 persons in the area
served by private and public water supply wells and approxinately
9000 persons that use the Catawl:a River for pul:lic water supplies,
rray be adversely affected.
• -3-•
IV. . CONCLUSIC!':S OF IAl·l
A. 'Ihe site is a facility within the meaning of Section 101 (9) of CERCIA
42 u.s.c. §9601 (9).
B. 'fi'.e Resp:mdent is a person as defined in Section 101 ( 21) of CERCLA, u.s.c. §9601 (21), and as owner of the site, is a responsible party
under Section 107 (a)(l) of CERCIA, 42 u.s.c. §9607 (a)(l).
c. 'Ihe chemicals found in the groundwater as described in Paragraph E
above are ''hazardous substances" within the m=aning of Section 101 (14)
of CERCLA, 42 U.S.C. §9601 (14).
D. The presence of hazardous substances at the site, their past and
potential ~igration to surrounding soils and groundwater, constitutes
both an actual release and threatened release within the rreaning of
Section 101 (22) of CERCLA, 42 u.s.c. §9601 (22).
V. DETERMINATION
Based en the findings of Fact and Conclusions cf Law set out above, EPA has
detennined that:
A. 'Ihe actual and/or threatened release of hazardous substances fran the
Site rrey present an imninent and substantial endangenrent to the public
health or welfare or the environrrent.
B. 'Ihe actions 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 binding upon the Respondent and
EPA, their agents, successors, and assigns and upon all persons, contractors
and consultants acting under or for either the Respondent or EPA or both.
No change in a..mership or corporate or partnership status relating to the Site
will in any way alter the status of the Respondent or in any way alter the
Respondent's responsibility under this CONSENT ORDER. The P.espondent will
rare.in the Respondent under this CONSF.J',1T ORDER and will be responsible for
carrying out all activities required of the Respondent under this CONSE:1'.'T
ORDER.
The P.espondent shall provide a copy of this CONSlli1T ORDER to all contractors,
sub-contractors, laboratories, and consultants retained to copduct any portion
of the work performed pursuant to this CONSENI' ORDER within fourteen (14) ca-
lendar days of the effective date of this CXJNSENT ORDER or date of such reten-
tion, whichever is applicable.
VII. NOI'ICE TO THE STATE
Tne resuirement of Section 106(a) of CERCLO. to notify the State of North
Carolina has been satisfied.
• -4-•
VIII. WOFK TO BE PERFOP1'lED
All work perfomAd pursuant to this co~:SENT OEDER shall be under the direction
and supervision of a qualified professional engineer or a certified geologist
with expertise in hazardous waste wite cleanup. Prior to the initiation of t11e
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 cut the tenns of this CONSENT ORDEF..
Based on the foregoing, it is hereby AGRIED TO AND ORDERED that the folloong
work shall be perforrred:
A. Within 30 days of the effective date of this Consent Order, the Respondent
shall sutmit to EPA a plan for a ccrrq:,lete Remedial Investigation and Feasi-
bility Study (RI/FS Work Plan). This plan shall be developed in accordance
with the EPA Perredial Investigation and Feasibility Study guidance docurrents
which have been provided to the Respondent by EPA. As described in this
guidance, the RI/FS Work Plan must include: (1) a sarrpling plan, (2) a
health and safety plan, (3) a a:mmmity relations plan, (4) a plan for
satisfaction of pemitting requirerrents, (5) a description of chain of custody
procedures, and (6) a description of quality control and quality assurance
procedures. 'Ihe RI/FS Work Plan shall be subject to review', rrcdification,
and approval by EPA.
B. Within 30 calendar days after receipt of the RI/FS Work Plan by EPA, EPA shall
notify the Respondent in writing of EPA's approval or disapproval of the
RI/FS W:>rk Plan or any part thereof. In the event of any disapproval, EPA
shall specify in writing both the deficiencies and any EPA reccmnended rrod.ifi-
cations regarding the RI/FS ~brk Plan.
c. Within 15 calendar days of the receipt of EPA notification of RI/FS Work Plan
disawroval, the Responndent shall arrend and submit to EPA a revised RI/FS
Work Plan. In the event of subsequent disapproval of the RI/FS Work Plan,
EPA retains the right to conduct a conplete RI/FS pursuant to its authority
under CERCI.A.
D. The Respondent shall implerrent the tasks detailed in the Rerredial Investigation
and Feasibility Study Work Plan (RI/FS Work Plan). Upon approval by EPA, the
RI/FS Work Plan will be attached to and incorporated in this Consent Order
(Attachrrent 1). This work shall be conducted in accordance with the EPA
Raredial Investigation and Feasibility Study guidance docurrents and with
the standards, specifications, and schedule contained in the RI/FS Work
Plan.
E. Within seven (7) calendar days of approval of the RI/FS W<,rk Plan by EPA,
Respondent shall ccmr.ence Task 1 of the RI/FS Work Plan. ·
• •
• -5-• F. The Pespondent shall provide ITOnthly ¼Titter1 progress reports to EPA
according to the schedule contained in the RI/FS Work Plan. At a miniroum
these progress reports shall: (1) descrire the actions which have been
taken to,iard achieving canpliance with this CONSENT OPDEP, (2) include
all results of sampling and tests and all other data received by the
Respondent, and (3) include all plans and procedures canpleted subse-
quent to EPA approval of the RI/FS l'.brk Plan during the past ITOnth, as '-
well as such actions, data, and plans which are scheduled for the next
month. These reports are to be subr:d.tted to EPA by the tenth day of each
month follo.ving the date of EPA approval of the P.I/FS Work Plan.
G. The Respondent shall provide preliminary and final reports to EPA accord-
ing to the schedule contained in the RI/FS Work Plan.
H. EPA shall review the preliminary and final reports and within 30 calendar
days of receipt by EPA of such reports, EPA shall notify the Respondent
in writing of EPA's approval or disapproval of these reports or any
part thereof. In the event of any disapproval, EPA shall specify
in writing both the deficiencies and the reasons for such disapproval.
I. Within 30 calendar days of receipt of EPA notification of prelirrinary or
final report disapproval, the Respondent shall arrend and submit to EPA
such revised reports and perfonn any additional studies pursuant to EPA
review. In the event of disapproval, EPA retains the right to amend such
reports, to perform additional studies, and to conduct a canplete Rerredial
Investigation and Feasibility Study pursuant to its authority under CERCIA.
J. Docurrents, including reports, approvals, and other correspondence, to be
submitted pursuant to this CONSENT ORDER, shall be sent by certified mail
to the folla.v~ng addresses or to such other addresses as the Respondent
or EPA hereafter may designate in writing:
1) Docurrents to be submitted to EPA should be sent to:
(5 copies)
Giezelle s. Bennett
Ccrrpliance Project Offioer
u. s. Environrrental Protection Agency
ERRB/ICS
345 Courtland St. -NE
Atlanta, Ga 303G5
2) Docurrents to be submitted to the Respondents should be sent to:
'~
. K. In addition to the EPA-approved tasks and deliverables to be canpleted
pursuant to this CONSENT ORDER, EPA may determine that additional tasks,
• -6-• including remedial investigatory work and/or engineering evaluation, nay
be necessary as part of the RI/FS. Subject to the "Dispute Resolution"
Section (Section XIV) of this CONSTh'T ORDER, the Respondent shall
implerrent any additional tasks which EPA detennines necessary as part
of a Rerredial Investigation and Feasibility Study and which are in
addition to the tasks detailed in the !U/FS Work Plan. 'Ihe additional
work shall be ccmpleted in accordance with the standards, specifications,
and schedule determined or approved by EPA.
IX. DESIGNATED PROJECT OOORDINATOPS
On or before the effective date of this CONSENT ORDFR, EPA and the Respondent
shall each designate a Project Coordinator. Each Froject Coordinator sr.all be
responsible for overseeing the implementation of this CONSENT ORDER. 'lb the
=ximum extent possible, C'Cl1Tmmications between the Respondents and EPA and all
docurrents; including reports, approvals, and their correspondence, concerning
the activities perfonred pursuant to the ternis and conditions of this CCNSINT
ORDER; shall be directed through the Project Coordinators.
EPA and the Respondent each have the right to change their respective Project
Coordinator. Such a change shall be accanplished by notifying the other party
in writing at least five calendar days prior to the change.
The EPA Project Coordinator shall have the authority vested in the On-Scene-
Coordinator by the National Contingency Plan; 40 C.F.R. Part 300 et seq.
47 Federal Register 31180, July 16, 1982. '!his includes the authority to halt,
conduct, or direct any tasks required by this CONSENT OPJlER and/or any response
actions or portions thereof when conditions present an imrediate risk to public
health or welfare or the envirorurent.
The al:sence of the EPA Project Coordinator fran the Site shall not be cause for
the stoppage of work.
X • QUALI'I'Y ASSUFJIJ\'CE
The Respondent shall use quality assurance, quality control, and chain of
custody procedures in accordance with the EPA, Region 4, Environrrental Services
Division Standard ~rating Procedures Manual throughout all sample collection
and analysis activities. This manual shall be provided to the Respondent by
EPA. 'Ihe F-espondent shall consult with EPA in planning for, and prior to, all
sampling and analysis as detailed in the RI/FS Work Plan. The f'esponclent shall
ensure that EPA personnel are allo,,.,ed access to the labcratory utilized by the
Respondent for analysis of samples collected pursuant to this CasSEt7I' Of\DER.
In order to provide quality assurance and naintain quality control regarding
all samples collected pursuant to this CONSa'T ORDER, the Respondent shall:
A. Ensure that the labcratory(s) utilized by the Respondent for analyses
perfonn such analyses according to EPA rrethods or rrethods~deerred satisfac-
tory to EPA and sul::rnit all protocols to be used for analyses to EPA at
least 14 calendar days prior to the conmencen-ent of analysis.
• -7-• e. Ensure that laboratory(s) utilized by the Respondent for analyses partici-
pate in an EPA quality assurance/quality control program equivalent to
that which is followed by EPA and which is consistent with EPA docurrent
C'AMS-005/80. As part of such a program, and upon request by EPA, Respon-
dent shall insure that such lal:oratory(s) perfon;; such analysis according
to EPA methods or rrethcds deerr-ed satisfactory by EPA arrl submit all
protocols to l:e used for analysis to EPA. The lal:oratory and the quality
of its analytical data shall be approved by EPA at least 14 calendar days
prior to the cor.m:,ncement of analysis. Upon the failure of the designated
lab to c;ualify, the Respondent will be subject to the "Delay in Perfornance/
Stipulated Penalties" Section (Cecticn ')N of this Consent Order). A
maximum annual nurmer of four per analytical carbination; e.g., four
ac,'Ueous samples by Gas Chra:e.tography /!".ass Spectraretry, four soil/ sediment
samples by Gas Chraratography /!':ass Spectraretry, etc., rray be provided to
each laboratory for analysis.
XI. SI'I'E ACCESS
To the extent that areas covered by the Work Flan are presently CMlled by
parties other than those bound by this CONSEN'I' ORDER, the Respondent has
obtained or will use its best efforts to obtain site access agreerrents
fran the present CM11ers within 30 calendar days of the effective date of
this CONSENI' ORDER. Such agreerrents shall provide reasonable access to EPA
and/or their authorized representatives. In the event tl1at site access
agreerrents are not obtained within the tirre referenced al:ove, the Respa1dent
shall notify EPA regarding both the lack of, and efforts to obtain, such
agreements within 30 calendar days of the effective date of this CONSENT
ORDER.
XII. SAMPLING, ACCESS, AND DATA/IXlCUMEK'I' AVAII.ABILI1Y
The Respondent shall rrake the results of all sampling and/or tests or oilier
data generated by the Respondent or on the Respondent's behalf, with respect
to the implarentation of this CONSENI' ORDER, available to EPA and shall sub-
mit iliese results in rronthly progress reports as described in Section VI of
this CONSEl'."I' ORDER. EPA will wake available to the Respondent the results
cf sampling and/or tests or otl1er data similarly generated by EPA.
At the request of EPA, the Resp:ndent shall allcw split or duplicate samples
to be taken by EPA and/or their authorized representatives, of any samples
oollected by the Respondent pursuant to the implementation of iliis Consent
Order. The Respondent shall notify EPA not less than 72 hours in advance
of any sample oollection activity.
EPA and/or their authorized representative shall have the authority to enter
and freely rrove about all property at the Site at all reasonable times for the
purposes of, inter alia: inspecting reoords, operating logs, and oontracts
related to the Site;reviewin9 the progress of the Respondei:;4-in carrying
out the terrrs of this CONSENI' ORDER; conducting such tests as.EPA or the
Project Coordinator deem necessary; and verifying the data subrni tted to EPA
by the Respondents. 'Ihe Respondent shall permit such persons to inspect
and copy all records, files, photographs, docwrents, and other writings,
• -8-• including all sampling and rronitoring data, in any way pertaining to v.0rk
undertaken pursuant to this CONSTh'l' OPDER. All parties with access to the
Site pursuant to this paragraph shall ccrnply with all approved health and
safety plans.
The Respondent nay assert a confidentiality claim, if appropriate, covering
part or all of the infornation 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 nade. Analytical data shall not be clai.rred as confi-
dential by the Respondent. Information determined tc be confidential by
EPA ~~11 be afforded the protection specified in 40 C.F.R. Part 2, Subpart B.
If no such claim aca::nipanies the infornation when it is submitted to EPA, it
rray be nade available to the public by EPA without further notice to the
Respondent.
XIII. PLCOPD FRESERWI.TION
EPA and the Respondent agree that each shall preserve, during the pendency
of this CONSENT ORDER and fer a minimum of six (6) years after its termination,
all records and docw.ents in their possession or in the JX>Ssession of their
divisions, errg:,loyees,. agents, a=untants, contractors, or attorneys which
relate in any way to the Site, despite any docwrent retention policy to the
contrary. After this six year period, the Respondent shall notify EPA' within
30 calendar days prior to the destruction of any such documents. Upon request
by EPA, the Respcndent shall rrake available to EPA such records or copies of
such records. Additionally, if EPA requests that scare or all documents be
preserved for a longer period, the Respondent shall ccrnply with such request.
XIV. DISPUI'E RESOLUTION
If the Respondent objects to any EPA notice of disapproval or decision nade
pursuant to this cx:t-lSENT ORDER, the Respondent shall notify EPA in writing of
its objections within fourteen (14) days of receipt of the decision. EPA and
the Respondent then have an additional fourteen (14) days fran the receipt by
EPA of the notification of objection to reach agreement. If agreerrent cannot
be reached on any issue within this fourteen (14) day period, EPA shall imne-
diately provide a written staterrent of its decision to the Respondent.
-m. DEIAY IN PERFORMl'>llCE/STIPUIATED PENALTIES
If any event occurs ~hlch causes delay in the achievement of the requirerrents
of this Consent Order, the Respondent shall have the burden of proving that
the delay was caused by cir=nstances beyond the reasonable control of the
Respondent which could not have been overcare by due diligence. 'Ihe Respon-
dent shall prorrptly notify EPA's Project Coordinator orally and shall, within
seven (7) calendar days of oral notification to EPA, notify EPA in writing of
the anticipated length and cause of the delay, the measures taken and/or to
be taken to prevent or minimize the delay, and the timetable by which the '~
• -9-• Respondent intends to implerrent these measures. If the parties can agree that
the delay or anticipated delay has been or will be caused by circumstances
beyond the reasonable control of the Respondent, the time for perfonrence
hereunder shall be extended for a period equal to the delay resulting fran
such circumstances. The Respondent shall adopt all reasonable treasures to
avoid or minimize delay. Failure of the Respondent to ccnply with the
notice requirements of this paragraph shall render this paragraph void and
constitute a waiver of the Respondent's right to request a waiver of the
requirements of this Consent Order. Increased costs of perfornance of the
tenns of this Consent Order or changed eoonanic circurrstances shall not be
considered circumstances beyond the control of the Respondent. In the
event that EPA and the Respondent cannot agree that any delay in the achieve-
rrent of the requirerrents of this Consent Order, including the failure to
submit any report or docurrent, has been or will be caused by circumstances
beyond the reasonable control of the Resp;:mdent, the dispute shall be resolved
in accordance with the provisions of the "Dispute Resolution" Section (Section
XIV) of this Consent Order.
For each week that the Respondents fail to sul:mit a report or docurrent or
otherwise fail to achieve the requirements of this CXlNSENT ORDFJ'., and fail to
ca,ply with the notice requirements in the above paragraph, the Respondent shall
pay into the Hazardous Substance Response Fund, administered by EPA, the sll!l's
set forth bel= as stipulated penalties. Checks should be addressed to:
u. s. Environrrental Protection Agency
Accounting C{>erations Office (PM-226)
P.O. Box 2971, Ream M-3419
Washington, LC 20013
Attn: (Collection Officer for Superfund)
Stipulated penalties shall accrue in the arrount of $1,000.00 for the first week
and $2,000.00 for each week thereafter for failure to submit each deliverable
or ca,ply with a schedule as required by this CONSENI' OPJ)ER.
The stipulated penalties set forth in this Section do not preclude EPA from
electing to pursue any other remedies or sanctions, lfmich may be available to
EPA by reason of the Respondent's failure to crnply with any of the require-
rrents of this CONSENT ORDER. Such remedies and sanctions include a suit for
statutory penalties up to the anount authorized by law, a federally-funded
response action, and a suit for reimbursement of costs in=red·by the
United States and the State of North Carolina.
Any reports, plans, specifications, schedules, and attachrrents required by
this CXlNSEl'Il' ORDER are, upon approval by EPA incorporated into this CONSENT
ORDER. P.ny non-carpliance with such EPA approved reports, plans, specifications,
schedules, and attachments shall be considered a failure to achieve the re-
quirements of this CONSENT ORDER and will subject the Respondent to the
provisions included in this Section as above.
• -10-• XVI. RESERVATION OF RIGJ-ITS
Notwithstanding crnpliance with the terms of this CONSENT ORDER, including
the canpletion of an EPA approved Remedial Investigation and Feasibility
Study, the Resr..ondent is not released fran liability, if any, for any
actions beyond the tern1S of this CONSENT ORDER taken by EPA respecting the
site. EPA reserves the right to take any enforcement action pursuant to
CERO..Z. and/or any available legal authority, including the right to seek
injunctive relief, nonetary penalties, and punitive damages for any viola-
tion of law or this CONSENT ORDER.
The Respondent, and EPA expressly reserve all rights and defenses that they
r.ay have, including EPA' s right both to disapprove of work perfonred by the
Respondent and to request that the Respondent perform tasks in addition to
those detailed in the RI/FS Work Plan, as provided in this CCNSENT ORDER.
In the event that the P-espondent declines to perfonn any additional and/or
rrodified tasks, EPA will have the right to undertake any rerredial investiga-
tion and/or feasibility study work. In addition, EPA reserves the right to
undertake removal actions and/or remedial actions, other than those required
by this CONSENT OPDER, at any time. In either event, EPA reserves the right
to seek re:i.rnbursanent.fran the Respondent thereafter for such costs incurred
by the United States or the State of North Carolina.
XVII. REH$UFSEMTh'l' OF COSTS
At the end of each fiscal year, EPA shall sul:mit to the Respondent an
accounting of all response and oversight costs incurred by the u. s. Government
with respect to this CONSENT ORDER. The Respondent shall, within 30 calendar
days of receipt of that accounting, rerrit a check for the anount of those costs
made payable to the Hazardous Substance Response Fund. Olecks should specifically
reference the identity of the site and be addressed to:
u. s. Environrrental Protection Agency
Accounting Operations Office (J:.M-226)
P. O. Pox 2971, Room M-3419
Washington, OC 20013
Attention: (Collection Officer for Superfund)
[A ccpy of the transmittal letter should be sent to the Project Coordinator.]
EPA reserves the right to bring an action against tJ1e Respondent pursuant to
Section 107 of CERCLA for recovery of all response and oversight costs in-
curred by the United States and the State of North Carolina related to this
CC:NSENT ORDER and not reimbursed by the Respondent, as well as any other past
and future costs incurred by the United States and the State of North Carolina
in connection with response activities conducted pursuant. to CERCLI>. at this site.
'~
• -11-•
XVIII. OI'EER CIAIMS
Nothing herein is intended to release any clainis, causes of actiai or demands
in law or equity against any person, finn, partnership, or corporation not a
signatory to this CONSEl:\'T ORDER for any liability it rray have arising out of
or relating in any way to the generation, storage, treatrrent, handling, trans-
portation, release, or disposal of any hazardous substances, hazardous wastes-,
pollutants, or contamil"'.ants found at, taken to, or taken fran the Site.
'Ihis CONSENT ORDER does not constitute any decision on preauthorization of
funds under Section lll(a)(2) of CERClA.
XIX. OI'HER APPLICABLE LAWS
All actions required to be taken pursuant to this CONSENT ORDER shall be under-
taken in accordance with the requirements of all applicable local, state, and
federal laws and regulations unless an exemption from such requirements is
specifically provided herein.
XX. INDEMNIFICATION OF EPA
'Ihe Respondent agrees to indermify and save and hold the United States Govern-
ment, its agencies, departments, agents, and employees, hannless from any and
all clain-s or causes of action arising from or on account of acts or =issions
of the Respondents, their agents or assigns, in carrying out the activities
pursuant to this mNSENI' ORDER. EPA is not a party in any contract involving
the Respondent at the Site.
XXI. PUBLIC CCM-1ENT
Upon submittal to EPA of an arproved Feasibility Study Final Report, EPA shall
rrake such Feasibility Study Final Report available to the public for review
and comment for, at a minimum, a twenty-one (21) day period, pursuant to EPA's
O::mnuni ty Felations Folley. Follcwi.ng the public review and cornrent period,
EPA shall notify the P.espondent which rercedial action alternative is approved
for the site. EPA's final selection and approval of a remedial action alterna-
tive shall constitute a Record of Decision for the site.
XXII. EFFECTIVE DATE AND SUBSEQUENI' MODIFICATION
'Ihe effective date of this O)NSENT ORDER shall be the date on which it is signed
by EPA. In consideration of ccmnunications between the Respondent and EPA con-
cerning the terms of this CONSENT OFDEF, the Respondent waive any rights they
rray have to confer with !:.'PA prior to the effective date of this CONSENT OFDER.
This O)NSENT ORDF.R may be rrodified by mutual agreement of EPA and the Respondent.
Such modifications shall be in writing and shall have as the,~ffective date,
tl1at date on which such modifications are signed by EPA.
No informal advice, guidance, suggestions, or carrnents by EPA regarding reports,
plans, specifications, schedules, and any other writing sul:mitted by the
Respondent will be construed as relieving the Respondent of its obligation to
obtain such fonnal approval as may be required by this CONSTh'T ORDER.
• -12-•
XXIII. TERHINATION Af._lD SATISFACTION
The provisions of this CONSENT ORDER shall be deemed satisfied upon the
Respondent's receipt of written notice fran EPA that the Respondent has
demonstrated, to the satisfaction of EPA, that all of the tenn.s of this
CONSENT ORDER, including any additional tasks which EPA has deternri.ned to
be necessary, have been completed.
IT IS SO AGPJIBD AND ORCERED:
BY:
EY:
SAl\'lXlZ Qill.<J:CALS CORPORATICN.
JACK E. RAVAN
Regional Administrator
Region IV
u. s. Environrrental Protection Agency
EFFECI'IVE DATE: -------------
Date
Date
·;~ SANDOZCHWIIICALS -~·~ --~
Sandoz Chemicals Corporation
4000 Monroe Rood
Charlotte, North Carolina 28205
704.3720210
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ms. Giezelle Bennett
WIiton Rankin ~
Secretory & General Counse! ·
October 3, 1985
U.S. Environmental Protection Agency
Region IV
345 Courtland Street
Atlanta, GA 30365
RE: Sandoz Site
Charlotte, N.C.
Dear Ms. Bennett:
This letter is written in response to the letter to Mr. E.J.
Eccles, dated August 30, 1985, from Mr. Thomas W. Devine
concerning the above site ("Notice") and is also written in
reference to the meeting that was held at the Agency on Monday,
September 23, 1985, between members of your staff and
representatives of Sandoz ( the "Company").
Please consider this letter an immediate, unequivocal offer by
the Company to conduct the RI/FS for the above-described site
(the "Site"), as generally described in the Notice, and
consistently with the requirements of CERCLA and the National
Contingency Plan (NCP), and in accordance with the substance of
the September 23 meeting and the contents of this letter. This
letter is being provided in accordance with our understanding
that the 15 days for response as required in the Notice had been
extended by the Agency to permit a response within sixty (60)
days from the date of the Notice, although the Company has chosen
to submit its response significantly in advance of that deadline.
The Company requests that it and its contractors be allowed to
prepare the RI/FS Work Plan. It is our understanding that Camp,
Dresser & McKee C"CDM") has ceased work on a draft of that
Workplan and that, on the basis of this letter, CDM will be
directed by the Agency not to continue further work on the draft
Workplan. It is also our understanding that CDM will continue
• •
with the preparation of a Forward Planning document ("FPD") for
the Site, and that the Company and our contractors will be given
timely opportunity to review drafts (including the final draft)
of the FPD prior to its being put into final form or being
released to the Public.
The name, address and phone number for further contact by the
Agency with the Company is as follows:
Mr. Wilton Rankin
Secretary and General Counsel
Sandoz Chemicals Corporation
4000 Monroe Road
Charlotte, North Carolina 28205
Telephone: [phone]
The types and extent of the activities we are willing to under-
take will depend on the condition of the Site and a demonstration
of the need of such activities. However, at a minimum, the
company intends to undertake the following activities at the
site:
-The Company will implement the response document which
was prepared by Law Engineering for the Company (the "RCRA
workplan"). The RCRA workplan has been submitted to the Solid
and Hazardous Waste Management Branch (the "Branch") of the North
Carolina Department of Human Resources ("DHR") in response to the
second notice of deficiency from the Branch concerning the Part B
application previously filed by the Company. The Branch has
approved the RCRA Workplan based on a phased approach, which
requires that further information be submitted by the Company in
December of this year. The Company has already begun
implementing the RCRA Workplan and is on schedule in its
completion.
-The Company is also currently soliciting proposals from
contractors for the preparation and implementation of the RI/FS
Workplan. We have asked that such proposals be received by
October 16, 1985, and the Company anticipates interviewing
qualified firms shortly thereafter for the purpose of selecting a
lead contractor for the RI/FS Workplan.
The Company has already been involved in discussion with EPA,
State and local authorities, and has also undertaken extensive
voluntary actions, which have been described in documents
previously filed with the Agency. The activities include,
• • •
without limitation, source removal, sampling, analysis, and
implementation of the RCRA Workplan. Please advise if further
specification of these activities, or of correspondence between
the Company and the Agency or the Branch, is required.
The Company requests that the Agency provide all documentation to
support the determination of the appropriateness of taking action
as specified in the Notice, including, without limitation, the
appropriateness of taking any action pursuant to Section 104 of
CERCLA. In particular, the Company requests copies of all
documentation and evidence relied upon by EPA in determining that
provisions of Section 104(c) of CERCLA, 42 U.S.C. §9604(c), have
been met.
The Company's expressed immediate, unequivocal offer to conduct
the RI/FS described in the Notice is without waiver of its rights
to contest any provision contained in the Notice or any actions
taken as a result of the Notice. In particular, but without
limitation, the Company would note that we have been advised that
the Center of Disease Control located in Atlanta, Georgia has
reviewed the conditions at the site and has not determined that
the site constitutes an "imminent hazard" or a "imminent
substantial endangerment to the public."
It is the Company's understanding that, on the basis of this
letter and our September 23 meeting, the Agency will take no
action under CERCLA, pending preparation of the Workplan and a
draft consent order. It is also our understanding that this
letter constitutes a sufficient response to the Notice, and that
no further response or action needs to be taken by the Company
pending preparation of the Workplan and a draft consent order.
Please feel free to contact me if you have a question about this
matter or if any of the Company's understandings as stated herein
are incorrect. The Company desires to proceed expeditiously with
the choice of the lead contractor and the preparation of a
Workplan. Please inform the Company, however, if there are any
deadlines for actions by the Company.
With best wishes we remain.
WR:nr
Ccs: Mr. Thomas w. Devine~
Mr. William Meyer ~
Very truly yours,
Wilton Rankin
• • • UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
345COURTLANDSTREET
AUG :JO 1905 ATLANTA, GEORGIA 30365
-EP 5
CERTIFIED MAIL
RE'IURN RECEIPT REQUESTED
Mr. E. J. Eccles, Jr.
Manager, Environmental Services
Sandoz Chemical.s Corporation
P.O. Box fi692/46
Charolotte, North Carolina 28266
Re: Sodyeco Inc. NPL Site
Charlotte, NC
ruar Mr. Eccles:
The United States Environmental Protection Agency (EPA) is considering
spending public funds to investigate ancl take corrective action for the
control of: releases of hazardous substanr:es at the ahove referencecl site.
This action will be taken pursuant to section 104 and other provisions of
the Canprehensive Environmental Response, Canpensation, and Liability Act
of 1980, 42 u.s.c. 9601 et seq. (CERCLA), unless EPA detemines that such
action will be done properly by a responsible party. Under Section J.07(a)
of CERCLA and other laws, responsible parties may be liable for any costs
incurred by the government in taking corrective actions at the site. Such
costs may include, but may not be limited to, expenditures for investiga-
tion, planning, cleanup of the site and enforcement. By this letter,
therefore, EPA intends to hath notify you of your potential liability with
regard to this matter and to encourage you, as a potentially responsible
party, to undertake voluntary cleanup activities.
The Sodyeco Site was included on the National Priorities List (NPL) in
September, 1983. The Agency is charged to canplete a Work Plan prior to
the development and implementation of a Remedial Investigation and Feasibility
Study (RI/FS) for ever1 site on the NPL.
The Sodyeco Site will be the subject of an RI/FS, as required by law, upon
canpletion of the work plan. This work plan will only address CERCLA de-
signated sites. The Agency is currently preparing a work plan. The draft
work plan is scheduled to be canpleted by October 1, 1985. The groundwater
assessment study being conducted at: the site under the direction of the
Resource Conservation and Recovery Act (RCRA) Program will be considered in
the CERCLA work plan.
;..·./ • •
-2-
The actions which you are being notified of and offered the opportunity to
participate include:
1. Input in an agency pr_epared RI/FS Work Plan;
2. Conducting the RI/FS in accordance with the Agency approved work plan;
3. The design and implementation of the remedy approved and determined by
EPA to be consistent with the Naional Contingency Plan; and
4. Any other measures which may he necessary to abate hazards posed by the
site.
You should notify EPA in writing by September 16, 1985, of ti1e nature and
extent of activities your canpany may be willing to undertake. Otherwise,
· EPA will asslDne that you decline to participate and we will proceed with
the necessary corrective measures. F;PA will later invite you to undertake
the design and implementation of the selected remedy upon the Agency's can-
pletion of the RI/FS.
Under section 107(a)(4)(A) and (B) of CERCLA, where the Agency uses public
funds to effectuate the cleanup of hazardous substances, you may be liable
for all costs associated with the removal. or remedial action and all other
necessary costs incurred in cleaning up the site.
EPA will cons icier an immediate, unequivocal. offer to con<l.uct the RI/FS
described above. Alternatively, if you do not wish to perform the RI/FS,
you may participate in a Fund-financed RI/FS, where such participation can
occur without undue delay or interference with EPA RI/FS development.
Your letter should indicate the appropriate name, address, and phone number
for further contact with you and include a statement of the types and the
extent of the activities you may be wilJ.ing to undertake. Where you are
already involved in discussions with EPl-1, state or local authorities or
engaged in voluntary action, you should continue that activity and report
the status of those discussions or that action in your letter. Please·
provide a copy of your letter to any other parties involved in those dis-
cussions.
Your letter should be sent to:
Ms. Gi.ezelle S. Bennett
U.S. Environmental Protection Agency
ERRB/Investigation and Canpliance Section
345 Courtland St., NF:
Atlanta, Georgia 30365
• •
-3-
If you need further infonnation, please contact either Ms. Bennett at 404/
$81-2930 or Mr. Reuben Bussey, Assistant Regional Counsel, at 404/881-2641.
The factual and legal discussi.ons contained in this letter are intended
solely for notification:and edification purpcses. They are not intended
to, do not, and may not be relied upon as a final Agency position on any
matter set forth herein.
Due to the seriousness of the problem at this site and the attendant legal
ramifications, the Agency strongly.encourages you to submit a written re-
sponse with:Ln the times fram,,, spE,cified herein. We hope that you will give
these matters your immediate attention.
Sincerely yours, ·~· --··· .---··············• ... '\
<----.. .,,.,-;,-;I , .-t,./[,·' t --✓--ct-•-t--·£::._:( __ . -==--. ,/ _,..-~~~ Thanas w. Devine, Director
Waste Management Division
cc: Mr. William Meyer
NC Sol.id and Hazardous Waste
• •
l,'NITED STATES ENVIRCN-IBITTAL PP.arEx::'I'IOO AGlliCY
REGION IV
IN 'lliE MATI'ER OF:
Sadye= ( Sancbz) Site ·
C.arlotte, North Carolina
Sandoz C.anicals' Corp.
4000 Monroe Foad
Charlotte, North Carolina
RESPONDTh'T.
Proceeding Under.Section 106(a)
of the Carprehensive Environ-
mental Response, Catpensation,.
and Liability Act of 1980
(42 u.s.c. §9606(a))
U.S. EPA r::ccKET NO.
AI:MINISTRATIVE ORDER CN ~SENT
I. JURISDICTICN
This Consent Order is entered into by the United States Envirorarental
Protection Agency (EPA) with Sandoz C.anicals Corporation (Sandoz or
Resp:,ndent) pursuant to the authority vested in the President of the
United States by Section 106(a) of the Carprehensive Envirorurental
Resp:,nse, Carpensation, and Liability Act of 1980 · (CERCTA) ,' 42 u.s.c.
§9606(a), and delegated to the Administrator of the United States
Enviranrrental Protection Agency (EPA) on August 14, 1981, by Executive
Order 12316, 46 Fed. Reg. 42237, and further delegated to the Assistant
Administrator for Solid Waste and Emergency Respcnse and the Regional
.Administrators by EPA Delegation Nos. 14-14 and 14-14-A, the latter of
which was signed on April 16, 1984.
'!he Resp:,ndent agrees to undertake all actions required by the te:rns and
=nditions of this Consent Order. Res_pondent also consents to and will.
not-=ntest EPA"jurisdiction :regarding this ·0:osent Order.1 · ··· ·· .. ,.-_ . -,., •-•·---~ ·-. .
DRAFT
• -2-•
II. STATEMilTI' OF PUPFOEE
In entering into this Ccnsent Order, the mutual objectives of EPA and Sandoz
are: ( l) to determine fully the nature and extent of the threat to the public
health or welfare or the environrrent caused by the release or threatened release
of hazardous substances, p:,llutants, or contaminants from the Sodyeco Site
(Rerredial Investigation), and ( 2) to evaluate alternatives for the apprcpriate
extent of rerredial action to prevent or mitigate the migration or the release
or threatened release of hazardous substances, p:,llutants, or ccntarninants fran
the Sodyeco Site (Feasibility Study). 'Ihe 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 300.68 (a) -(j) (47 Federal Register
31180 (July 16, 1982), revised at 48 Federal Register 40658 (September 8,
1983)).
III. FThl"IlINGS OF FACT
'Ihe follo,;ing =nstitutes an outline of the facts up:,n which this Consent Order
is based: ·
A. 'Ihe Sodyeco Site (Site) is approxinately 1000 acres and is located in
Mecklenburg County approximately 10 miles \olest of Charlotte, North
Carolina at coordinates 35°17'00"N latitude and 81°00'26''W longitude.
B. 'Ihe Respondent is a North Carolina Corpcration and is the cu=ent =er
and cperator of the site.
c. 'Ihe site is on the National Priorities Ll.st as defined in Section 105
of CERCIA, _42 U.S.C. §9605.
D. A sampling study of the site was conducted by EPA on June 21-25, 1982.
Sodye= has been ca,ducting periodic sarrpling of the groundwater since
Novenber, 1982.
E. Sampling results indicated the ccntamination of the ,groundwater by the t;,;'\
follo,;ing ca.pounds in the given ranges: parts-per--billion(ppb); belo,; f,
detectable limit (BDL) 1
F.
G.
'Ibluene BDL-360 ppb
Chlorobenzene BDL-17,000 ppb
Ethylbenzene BDL-50 ppb
Xylene BDL-2,390 ppb
Exposure to.the.said.hazardous
death· or other'. harmful. effects ... --·~ •... • .... ·-. ·----·~--~• .... _ ... ·-··
Dichlorobenzene BDL-5,080 ppb
Tetrachloroefliylene BDL-2, 740 ppb '.
Trichloroethylene BDL-78 ppb , _. ,,,,/
substances may cause illness,-· disease, .
to plant, ·aninai life and humans., . -----.· .. . " •--• --. . '
All surface drainage fran the site flo,;s to,;ard I..cng Creek and the
Catawba River,
H. 'Ihe drinking water supply of approxirrately 3500 persons in the area
served by private and public water supply \olells and approximately
9000 persons that use the Catawba Fiver for public -...ater supplies,
r.ay be adversely ·affected. -.,,
• -3-•
IV, CONCLUSict,.'S OF I.AW
A, 'Ihe site is a facility within the rreaning of Section 101 (9) of CERCLA
42 u.s.c. §9601 (9),
B, 'Ihe P.esi:ondent is a person as defined in Section 101 (21) of CERCLA, u.s.c. §9601 (21), and as a.mer of the site, is a responsible party
under Section 107 (al(l) of CERCIA, 42 u.s.c. §%07 (a)(l).
C, 'Ihe chemicals found in the groundwater as described in Paragraph E
above are "hazardcus substances" within the rreaning of Section 101 (14)
of CERCT.A, 42 u.s.c. §9601 (14).
D. 'Ihe presence of hazardous substances at the site, their past and' ·==,-:;
]'Otential migration to surrourxling soils and groundwater, cx:insti tutes • l .1: both an actuar.release ·ana threatened release within the rreaning of :,
Section. 101 (.22) of CERCTA, 42 u.s:c. §960i ( 22-,. ~
V. DEI'ERMINATIOO
Based on the findings of Fact and Conclusions of law set out above, EPA has
determined that:
A.
B,
'Ihe actual and/or threatened release of hazardous substances frcrn the
Site rra.y present":'an i.irminent and sul:stantial· endangerrrent' to the public
health or welfare or the environrrent.
'Ihe actions required by this Consent Order are necessary to protect the ·
public health and welfare and the enviroorrent. . t <~:.-... -,. :--:_.::_:-.-....... ~~rl}-.__..,._.1; ..
VI. PARI'IES BOUND
'!his COOSEl-.'IT ORDER shall apply to and be binding upon the Fespondent and
EPA, their agents, successors, and assigns and upon all persons, contractors
and consultants acting under or for either the_ Respondent or EPA or both,
No change in a.mership or corporate or partnership :.status relating to the Site
will in any way alter the status of the Fespondent'or in any way alter the
Respondent's responsibility under this Cct,.'SENI' ORDEF,·. The Respondent ,,:ill
renain the Respondent under this CONSENT_ ORDER and will be responsible for
carrying out all activities required of the Resi:ondent under this a:NSENI'
ORDER.
'Ihe Respondent shall provide a a::,py of this CONSENT ORDER to all cc:ntractors,
s~tractors, laboratories, and consultants retained to conduct any portion
of the work perfomed pursuant to this CONSENT ORDER within fourteen (14) ca-
lendar days of the effective date of this cx:t,.'SENI' ORDER or date of sudl reten-
tion, "-hichever is ar:plicable.
VII. OOI'ICE TO THE STATE
The requirerrent cf Secticn 106(a) of CEFCIA to notify the State of North
Carolina has been satisfied.
DRAF1
• •
VIII. ~RI< TO BE PERFOFMED
All work perforrred pursuant to this CCN3ENI' ORDER shall i:e under the direction
and supervision of a qualified professional engineer or a certified geologist
with expertise in hazardous waste wite 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 cut the terns of this W'ISENI' ORDER.
Based on the foregoing, it is hereby AGREED TO AND ORDERED that the following
work shall be perfomed: ·
A. Within 30 days of the effective date of this Consent Order, the Respondei:i:t·
shall subnit to EPA a:··p1an·:for, a carplete Rerredial. Investigation and Feasi-• . , • '_ r--h •--·-.,,..,-.: • .. • • bility Study,(RI/FS Work:Pl.an). This plan shall be develc:ped in a=rdance
with the EPA Rerredial Investigation and Feasibility Study guidance documents
which have been provided to the Respondent by EPA. As des=ibed in this
guidance, the RI/FS Work Plan must include: (1) a sanpling plan, (2) a
health and safety plan, (3) a a:mmmity relations plan, (4) a plan for
satisfaction of perrritting requirerrents, (5) a des=iption of chain of custody
procedures, and (6) a des=iption of quality control and quality assurance
procedures. 'Ihe RI/FS Work Plan shall be subject to review, m:dification,
and awroval by EPJ>._.
B. Within 30 calendar days after receipt of the RI/FS Work Plan by EPA, EPA shall
notify the Respondent 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 reccmnended r.Ddifi-
cations regarding the RI/FS Work Plan.
c. Within 15 calendar days of the receipt of EPA notification of RI/FS Work Plan
disawroval, the Responndent.shall amend and subnit to EPA a revised RI/FS
Work Plan. In the event of subsequent disapproval of the RI/FS Work Plan,
EPA retains the right to oonduct a a:rrplete RI/FS p.rrsuant to its authority
d --=rr<T ~ ' ,, ••• . f; i. ,,. . _.-·• .. ~! • _,:,. ! . ~..,__,:. • ,, . •, \lil er ~-....-.r·--..:'!.-... ,a,.----v~ .... i----............ ~~-J<---e ,:. f '·";;"'"1 , .. t. .. __ ,r-.;......~· :,_;, ·'"""c "-·--........ ·
D. 'Ihe Respondent shall i.nplerrent the tasks detailed in the Remedial Investigation
and Feasibility Study Work Plan (RI/FS Work Plan). Upon approval by EPA, the
RI/FS Work Plan will be attached to and in=rporated in this Consent Order
(Attachrrent 1) • This work shall be conducted in ac=rdance with the EPA
Raredial Investigation and Feasibility Study guidance docurrents and with
the standards, specifications, and schedule =ntained in the RI/FS Work
~an. .
E. Within seven (7) calendar days of approval of the RI/FS Work Plan by EPA,
Respondent shall cx::rrmmce Task 1 of the RI/FS Work Plan.
-ORAfl
• -5-•
F. The Respondent shall provide l!Onthly written progress reports to EPA
a=rding to the schedule contained in the RI/FS W:>rk Plan. At a minir.rum
these progress reports shall: (1) descriJ:-e the actions which have been
taken toward achieving carpliance with this CONSENI' OFDER, (2) include
all results of sampling and tests and all other data received by the
Respondent, and (3) include all plans and procedures caupleted subse-
quent to EPA approval of the RI/FS W:,rk Plan during the past m:nth, as
-.;ell as such actions, data, and plans llmich are scheduled for the next
m:nth. These reports are to be sumri. tted to EPA by the tenth day of each
mcnth follCMing the date of EPA approval of the RI/FS 'Work ·Plan.
G. The Respondent shall provide preliminary and final reports to EPA accord-
ing to the schedule contained in the RI/FS W:,rk Plan.
H. EPA shall review the preliminary and final reports and within 30 calendar
days of receipt by EPA of ·. such reports, EPA shall notify the Respondent
in writing of EPA's approval or disapproval of these reports or any
part thereof. In the event of any disapproval, EPA shall specify
in writing both the deJ::i,c,iencies'aoo'the reasc:ris for 5'llch disapproval.
r. Within 30 calendar days of receipt of EPA notificatiam of prelirri.nary or
final report disapproval, the Resp:,ndent shall arrend and subnit to EPA
such revised reports and perform any additional studies pursuant to EPA
review. In the event of disapproval, EPA .. ret.ains:·the right to arrend· such
re:i:orts, to perforin additional studies, and to cooduct a carplete Raredial
Investigation and Feasibility Study pursuant to its atithority under CEP.crA,• , . . '
J. Docurrents, including reports, approvals, and other carr-espondence, to be
sul::mitted pursuant to this CCNSENI' ORDER, shall be semi:. by certified IIl3.il
to the folloong addresses or to such other addresses as the Respondent .
or EPA hereafter may designate in writing:
1) Docurrents to be sul::mitted to EPA should be sent t,o::
(5 ccpies)
Giezelle s. Bennett
Canpliance Project Officer
U. s. Eilvironrrental Protectiion Agency
ERRB/ICS .
345 Courtland St. -NE
Atlanta, Ga 303(i5
2) r:oo..urents to be sul::mitted to the Respondents shOC!l!ii be sent to:
K. In addition to the EPA-approved tasks and deliverables to be a::rrq;,leted
pursuant to this~ ORDER, EPA rray determine tllc£ additional tasks,
DRAFT
• --6-• · including raredial investigatory work and/or engineering evaluation, nay
be necessary as~ of the RI/FS, Subject to the "Dispute Resolution"
Section (Section XIV) of this CXNSENT ORDER, the Respondent shall
i.mplerrent any additional tasks which EPA determines necessary as part
of a Rerredial Investigation and Feasibility Study and which are in
additico to the tasks detailed in the RI/FS Work Plan, '!he additional
work shall be carpleted in accordance with the standards, specificaticns,
and schedule determined or approved by EPA,
IX. DESIGNATED PRClID::I' COORDINA'IOPS
On or before the effective date of this CONSENI' ORDER, EPA and the Respondent
shall each designate a Project Coordinator. Each Project Coordinator shall be
responsible for overseeing the i.mplerrentation of this OJNSINr ORDER. To the
rraximurn extent possible, carmunications between the Respondents and EPA and all
docurrents;-including reports, approvals, and their correspondence, concerning
the activities perforrred pursuant to the terms and conditions of this CCNSENT
ORDER; shall be directed through the Project Coordinators.
EPA and the Respond.ent each have the right to change their respective Project
Coordinator. Such a change shall be accarplished by notifying the other ~y
in writing at least five calendar days prior to the change.
'!he EPA Project Coordinator shall have the authority vested in the en--scene-
Coordinator by the National Contingency Plan; 40 C.F.R, Part 300 et seq.
47 Federal Register 31180, July 16, 1982. 'Ihis includes the authority to halt,
ccnduct, or direct any tasks required by this cet,JSENr ORDER and/or any response
actions or portions thereof when ccndi tions present an imrediate r.isk to public
health or welfare· or the environrrent.
'!he al:sence of the EPA Project Coordinator fran the Site shall not be cause for
the stoppage of work.
X. CUALITY ASSURJI.N:E
'!he Respondent shall use quality assurance, quality control, and dlain of
custody procedures in accordance with the EPA, Region 4, Environmental Services
Division Standard ~rating Procedures Manual throughout all samp1e collection
and analysis activities. This manual shall be provided to the Respondent by
EPA. '!he Respondent shall consult with EPA in planning for, and prior to, all
sanpling and analysis as detailed in the RI/FS Work Plan. '!he Pespondent shall
ensure that EPA personnel are allo,,,ed access to the lal:oratory utilized by the
Pespondent for analysis of sanples collected pursuant to this CO,."Sll."'l' OF.DER.
In order to provide quality assurance and naintain quality control regarding
all samples collected pursuant to this OJNSENI' ORDER, the Respondent shall:
A. Ensure that the lal:oratory(s) utilized by the Respondent for analyses
perform such analyses according to EPA rrethods or rrethods deemed satisfac-
tory to EPA and subnit all protocols to be used for analyses to EPA at
least 14 calendar days prior to the ccmrencerrent of analysis.
DRAFT
• -7-• B. · Ensure that laboratory(s) utilized by the Respcndent for analyses partici-
pate in an EPA quality assurance/quality =ntrol program equivalent to
that 'which is followed by EPA and 'which is =nsistent with EPA docurrent
QAMS-005/80. As part of such a program, and upcn request by EPA, Respcn-
dent shall insure that such laboratory(s) perforra such analysis a=ding
to EPA rrethocls or rrethocls deerred satisfactory by EPA and submit all
protocols to be used for analysis to EPA. 'Ihe laboratory and the quality
of its analytical data shall be approved by EPA at least 14 calendar days
pri= to the ccmrencement of analysis. Upcn the fai'lure of the designated
lab to qualify, the Respondent will be subject to the "Delay in Perforrrance/
Stipulated Penal ties" Section. ( Section ~ of this Consent Order) • A
maxim.Jm annual nUITber of four per analytical caru:>inaticn: e.g., four
aqueous samples by Gas Chrcr.e.tography/Mass Spectranetry, four soil/sediment
samples by Gas Chrcrra.tography /Mass Spectraretry, etc., rray be provided to
each laboratory f= analysis.
XI. SITE ACCESS
'lb the extent that areas =vered by the Work Plan are presently c,,med by
parties other than those bound by this crnsENl' ORDER, the Resp::mdent has
obtained or will use its best efforts to obtain site access agreerrents
fran the present c,,mers within 30 calendar days of the effective date of
this CCNSl:NI' ORDER. Such agreerrents shall provide reasonable access to EPA
and/or their authorized representatives. In the event that site access
ac;reerrents are not obtained within the tirre referenced above, the Respcndent
shall notify EPA regarding both the lack of, and efforts to obtain, such
agreerrents within 30 calendar days of the effective date of this CX)NSENI'
ORDER.
XII. SAMPLING, ACCESS, AND DA.TA/lXlCl.MENI' AWuIABILITY
'Ihe Resp:mdent shall rrake 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 implerrentation of this coosrnr ORDER, available to EPJI. and shall sub-
mit these results in rronthly progress reports as described in Section VI of
this CONSTh.'l' ORDER. EPA will rrake available to the Respondent the results
of sanpling and/or tests or other data similarly generated by EPA.
At the request of EPA, the Respcndent shall allON split or. duplicate samples
to be taken by EPA and/or their authorized representatives, of any sarrples
=llected by the Respondent pursuant to the implerrentation of this Consent
Order. 'Ihe Respondent shall notify EPA not less than 72 ha.rrs in advance
of any sanple =llection activity.
EPA and/or their authorized representative shall have the authority to enter
and freely nove about all property at·the Site at all reasonable tirres for the
purposes of, inter alia: inspecting records, operating logs, and contracts
related to the Site;reviewing the progress of the Respondent in carrying
out the tenrs of this CXNSENT ORDER: =nducting such tests as EPA or the
Project Ox>rdinator deem necessary: and verifying the data sul:rn.tted to EPA
by the Respondents. 'Ihe Respondent shall permit such persons to inspect
and cq:,y all records, files, i:notoc;raphs, docurrents, and other writings,
DRAFT
• -8-• including all sampling and nonitoring data, in any way pertaining to -..ork
undertaken pursuant to this CXJNSENT ORDER. All parties with access to the
Site pursuant to this paragraph shall ccnply with all approved health and
safety plans.
The Respondent may assert a confidentiality claim, if apprcpriate, covering
part or all of the infornation requested by this cx:NSEl\"'l' ORDER pursuant to
40 C.F.R. §2.203(b). Such an assertion shall be adequately substantiated
when the assertion is made. Analytical data shall not be clairred as confi-
dential by the Respondent. Infornation detennined to be confidential by
EPA will be afforded the protection specified in 40 C.F.R. Part 2, Subpart B.
If no such claim accaipanies the infornatic:n when it is sul::mitted to EPA, it
rray be made available to the public by EPA without further notice to the
Respondent.
XIII. RIX:ORD FRESERVATIOO
EPA and the Respondent agree that each shall preserve, during the pendency
of this ca-."'STh'T ORDER and fer a minimum of six (6) years after its tennination,
all re=rds and docurrents in their possessic:n or in the possessic:n of their
divisions, employees, agents, accountants, contractors, or attorneys which
relate in any way to the Site, despite any docurrent retention policy to the
contrary. After this six year period, the Respondent shall notify EPA within
30 calendar days prior to the destruction of any such documents. Upon request
by EPA, the Respondent shall !ffike available to EPA such re=rds or cc:pies cf
such records. Additionally, if EPA requests that sore or all documents be
preserved for a longer period, the Respondent shall cx:::nply with such request.
XIV. DISPUI'E RESOUJrlOO
If the Respondent objects to any EPA notice of disapproval or decision made
pursuant to this CXl..'EENI' ORDER, the Respondent shall notify EPA in writing of
its objections within foort.een (14) days of receipt of the decision. EPA and
the Respondent then have an additional fourteen (14) days £ran the receipt by
EPA of the notificatic:n of objection to reach agreerrent. If agreerrent cannot
be reached on any issue within this fourteen (14) day period, EPA shall imne-
diately provide a written statarent of its decisic:n to the Respondent.
XV. DEIAY IN PERFORWillCE/STIPUIATED PENALTIES
If any event occurs 1ohlch causes delay in the achieverrent of the requirarents
of this Consent Order, the Respondent shall have the burden of proving that
the delay was caused by circurrstances beyond the reasonable control of the
Respondent which a:,.ild not have been overcane by due diligence. The Respon-
dent shall prarptly notify EPA's Project Coordinator orally and shall, within
seven (7) calendar days of oral notification to EPA, notify EPA in writing of
the anticipated length and caU!~e of the delay, the rreasures taken and/or to
be taken to prevent or minimize the delay, and the timetable by whicn the
DRAFT
• -9-• Respondent intends to i.rrplerent these rreasures. If the parties can agree that
the delay or anticipated delay has been or will be caused by circumstances
beyood the reasonable control of the Respondent, the tine for perfornance
hereunder shall be extended for a period equal to the delay resulting fran
such circumstances. The Resp::indent shall adopt all reasonable neasures to
avoid or minimize delay. Failure of the Resp::,ndent to cx:rrply with the
notice requirements of this paragraph shall render this paragraFh void and
constitute a waiver of the Resp::,ndent's right to request a waiver of the
requirements of this Consent Order. Increased costs of perfornance of the
terns of this Consent Order or changed econanic circumstances shall not be
considered cirCLm6tances beyond the control of the Resp::indent. In the
event that EPA and the Resp::,ndent cannot agree that any delay in the achieve-
rrent of the requirernents of this Calsent Order, inclooing the failure to
sutmit any rep::,rt or doa.nrent, has been or will be caused by circumstances
beyond the reasonable control of the Resp::,ndent, the dispute shall be resolved
in accordance with the provisions of the "Dispute Resolution" Section (Section
XIV) of this Consent Order.
For earn week that the Respondents fail to.sul:rnit a rep::,rt or docmrent or
otherwise fail to ad1ieve the requirements of this cx::NSENI' ORDER, and fail to
carply with the notice requirerrents in the above paragraph, the Eesp:,ndent shall
pay into the Hazardc:cs Sul:stance Respc:ose Fund, administered by EPA, the sums
set forth belaw as stipulated penalties. Checks sho.tl.d be addressed to:
u. s. Ehvironrrental Protecticn .Agency
Accamting q,erations Office (PM-226)
P. O. Box 2971, Roan M-3419
Washingtcn, r:c 20013
Attn: (Collection Officer for SUperfund)
Stipulated penalties shall accrue in the arrount of $1,000.00 for the first week
and $2,000.00 for each week thereafter for failure to sutmit each deliverable
or carply with a schedule as required by this CONSENI' OPDER.
The stipulated penalties set forth in this Secticn do not preclude EPA from
electing to pursue any other raredies or sanctic:ns, lohi.ch nay be available t6
EPA by reason of the Resp::,ndent's failure to cx::rrply with any of the require-
ments of this CONSENT ORDER. Such raredies and sanctic:ns include a suit for
statutory penalties up to the arrount. authorized by law, a federally-funded
respcnse action, and a suit for reimbursarent of costs incurred.by the
United States and the State of North Carolina.
Arrj rep::,rts, plans, specificatic:ns, schedules, and attadments required by
this CONSENI' ORDER are, upon approval by EPA in=rporated into this a::NSENI'
ORDER. Arrj ncn--caipliance with such EPA ai;proved reports, plans, specifications,
schedules, and attachrrents shall be considered a failure to adri.eve the re:...
quirarents of this CXNSENI' ORDER and will subject the Respcndent to. the
provisions included.in this Secticn as above.
• -10-• XVI. RESERVATION OF RIGHI'S
Notwithstanding ccnpliance with the term, of this CONSEJ',,'T ORDER, including
the cary:,letion of an EPA approved Reredial Investigation and Feasibility
Study, the Respondent is not released fran liability, if any, for any
actions beycrid the term, of this O::NSENI' ORDER taken by EPA respecting the
site. EPA reserves the right to take any enforcement action pursuant to
CERCIA and/or any available legal authority, including the right to seek·
injunctive relief, rronetary penalties, and pmi.tive damages for any viola-
tion of law or this CONSENT ORDER.
The Respondent, and EPA expressly reserve all rights and defenses that they
may have, including EPA' s right both to disapprove of ""°rk perforrred by the
Respondent and to request that the Respondent perform tasks in additicn to
those detailed in the RI/FS Work Plan, as provided in this c:cNSENI' ORDER.
In the event that the Respondent declines to perform any additional and/=
m:xlified tasks, EPA will have the right to undertake any rerredial investiga-
tion and/or feasibility study ""°rk. In addition, EPA reserves the right to
undertake raroval actions and/or remedial actions, other than those required
by this CONSENI' ORDER, at any tine. In either event, EPA reserves the right
to seek reiml:ursanent fran the Respondent thereafter f= such costs incurred
by the United States or the State of N::>rth Carolina.
XVII. REIMBUF.SEMENI' OF COSTS
At the end of each fiscal year, EPA shall sul:mit to the Respondent an
accamting of all response and oversight costs incurred by the U. s. Government
with respect to this CCtlSENT ORDER. 'Ihe Respondent shall, within 30 calendar
days of receipt of that accounting, rerrit a check for the arrount of those costs
made payable to the Hazardous Substance Fesponse Fund. Olecks should specifically
reference the identity of the site and be addressed to:
u. s. Envirorurental Protection Agency
Acccunting ~rations Office (FM-22€)
P •. O. Box 2971, Ibc:m M-3419
Washington, OC 20013
Attenticn: (Collection Officer for Superfund)
[A cq:,y of the transmittal letter should be sent to the Project Coordinator.]
EPA reserves the right to bring an action against the Respondent pursuant to
Section 107 of CERClA for recovery of all respcnse and oversight costs in-
curred by the United States and the State of North Carolina related to this
c:cNSENT ORDER and not reiml::ursed by the Respondent, as 1,.'ell as any other past
and future costs incurred by the United States and the State of North Carolina
in connection with response activities conducted pursuant to CERCIA at this site.
DRAFT
• -11-•
XVIII, arnER C1AIMS
Nothing herein is intended to release any claims, causes of actii::n or darands
in law or equity against any person, firm, partnership, or corporation not a
signatory to this CXJNSll.'T ORDER for any liability it ney have arising out of
or relating in any way to the generation, storage, treatrrent, handling, trans-
portation, release, or disposal of any hazardous substances, hazardous wastes,
pollutants, or contaminants famd at, taken to, or taken fran the Site.
'!his CONSENT ORDER does not constitute any decision en preauthorization of
funds under Section lll(a) (2) of CERCIA,
XIX, OI'HER APPLICABLE lAWS
· All actions required to be taken pursuant to this COl\'SENI' ORDER shall be under-
taken in accordance with the requirements of all applicable l=al, state, and
federal laws and regulations unless an exe-rption from.such requirerents is
specifically provided herein.
XX. INIJEM1'1IFICATIOO OF EPA
'Ihe Respondent agrees to indamify and save and hold the United States Govern-
rrent, its agencies, departments, agents, and employees, harmless fran any and
all clairrs or causes of acticn arising fram or on acccunt of acts or anissions
of the Respondents, their agents or assigns, in carrying out the activities
pursuant to this CXlNSENr ORDER. EPA is not a party in any contract involving
the P.espondent at the Site.
XXI. PUBLIC ca-MENI'
Upon submittal to EPA of an ai:proved Feasibility Study Final Report, EPA shall
nake such Feasibility Study Final Report available to the public for review
and ccmrent for, at a mini.nun, a twenty-<:ll'le (21) day period, pursuant to EPA's
Carmmity Relations Policy. FollC"1ing the public review and ccmrent period,
EPA shall notify the Respondent ...ru.ch rerredial action alternative is approved
for the site. EPA's final selection and approval of a raredi.al action alterna-
tive shall constitute a Record of Decision for the site.
XXII. EFFECTIVE Dl'.TE AND SUBSFCUENI' MODil'ICATIOO
'Ihe effective date of this a::NSENI' ORDER shall be the date on which it is signed
by EPA. In consideraticn of ccrrmunications between the Respondent and EPA con-
cerning the terms.of this O'.NSENI' ORDER, the Respc:odent waive any rights they
rray have to confer with EPA prior to the effective date of this CX>NSENT ORDER.
'Ihis o::NSENI' ORDER may be l!Odi.fied by mutual agreerrent of EPA and the Respondent.
Such l!Odi.fications shall be in writing and shall have as the effective date,
that date on which such l!Odi.fications are signed by EPA.
No informal advice, guidance, suggestions, or caments by EPA regarding reports,
plans, specifications, sdledules, and any other writing sul::rni tted by the .
Respondent will be construed as relieving the Respondent of its obligaticn to
obtain such forrral approval as may be required by this CXlNSl:1-.'T ORDER.
• -12-•
XXIII. TERM.INATICN AND SATISFACTICN
The provisions of this CONSENI' ORDER shall be deerred satisfied upon the
Respa1dent 's receipt of written notice fran EPA that the Respondent has
deronstrated, to the satisfaction of EPA, that all of the terms of this
O'.lNSENI' ORDER, including any additional tasks which EPA has determined to
be necessary, have been ccnpleted.
IT IS SO AGREED AND ORDERED:
BY:
EY:
SANOOZ OlEMICALS O'.lRFORATICN
JACK E. RAVAN
Regional Administrator
Region IV
u. s. Environrrental Protection Agency
EFFECI'IVE IlT\TE: ------------
D3.te
D3.te
DRAFT
, .. -... ,: ·_,,...:,,.:.-
,: :: ... --~
' .. '-· ' , ..
• •-North Carolina Department omatural
Resources & Community Development
James B. Hunt, Jr., Governor James A. Summers, Secretary
Groundwater Section
10 April 1984
Mr. Alan C. Leggett, Geologist
Hazardous Waste Technology Services
3300 Marjan Drive
Atlanta, Georgia 30340
Dear Mr. Leggett:
On April 3, 1984 Hazardous Waste Technology Services was granted
pennission to construct six (6) monitor wells in variance to 15 NCAC
ZC.0108 {b){2). This letter is to infonn you that pursuant to
15 NCAC 2C.0114 {a){l)(G) that the Division is requesting that well
cuttings be collected as described below .
DIVISION OF
ENVIRONMENTAL
MANAGEMENT
Robert F. Helms
Director
Telephone [phone]
. A) That well cuttings be collected from one(l) down gradient well.
B) That the well cuttings be collected at approximately every
two foot intervals.
C) That the well cuttings be collected as split samples.
D) That the samples be placed in glass containters furnished
by the Department.
E) Forty-Eight (48) hours prior to well construction, the
Wilmington Regional Office will be notified at 256-4161
so that the sample containers can be provided on site.
F) Upon completion of construction the -,ilmington Regional
Office is to be notified so that the samples can be
picked up.
Additional samples may also be required from another well
at this site. We will let you kn6w as soon as this is finalized.
If you have any questions, please give me a call at. 733-5083.
AM/ce
cc: ,..:s;cr, ~Myers '
Rick Shiver
Permit FHes
aZ Arthur 11oube~~7
Operations Branch
POLLUTiON PREVENTION PAYS
P. o. Box 27687 Raleigh, N. c:27611-7687
An Equal Opportunity Affl~mative Action Employer··· ·-; ::. . ·
. . ·' -·-: · __ .,~:~;~--~:~~-~--.. ~'::..-;"•~--': .... : .. __ ... ;., .. ·-'