NCD079044426_19950929_General Electric Co. Shepherd Farm_FRBCERCLA RA_Remedial Design Remedial Action Consent Decree-OCR

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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION4
3◄5 COURTLAND STREET. N.E.
ATLANTA. GEORGIA 30365
(SEP 2 9 1995 4RC
SPECIAL NOTICE LETTER FOR REMEDIAL DESIGN/REMEDIAL ACTION (RD/RA) URGENT LEGAL MATTER--PROMPT REPLY REQUESTED CERTIFIED MAIL--RETURN RECEIPT REQUESTED
William R. Vineyard
General Manager .
General Electric's Lighting Systems Business 3010 Spartanburg Highway
Hendersonville, North Carolina 28739
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RECEIVED
OCT 06 1995
SUPERFUND SECTION
SUBJ: General Electric/Shepherd Farm Superfund Site, Hendersonville, Henderson County,
North Carolina
Dear Mr. Vineyard:
This letter follows a general notice letter that was previously issued to General Electric in connection with the above-referenced Site and which notified General Electric of its potential liability, as defined by Section 107.(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, 42 U.S.C. § 9607(a).
The purposes of this letter are as follows: first, to demand reimbursement of response costs that have been expended at the Site, including interest thereon; second, to notify General Electric that a 60-day period of formal negotiations with the Environmental Protection Agency (EPA) automatically begins seven (7) calendar days from the date of this letter; and third, to provide general and site-specific information in order to assist General Electric in the negotiation process, specifically a draft Consent Decree, a copy of the Record of Decision, and a draft Scope of Work.
The United States Environmental Protection Agency (EPA) has documented the release or threatened release of hazardous substances, pollutants, or contaminants at_the above-referenced Site. EPA has spent public funds and is considering spending additional public funds on actions to investigate and control such releases or threatened releases at the Site. Unless EPA reaches an agreement under which a potentially responsible party (PRP) or parties (PRPs) will properly perform or finance such
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actions, EPA may perform these actions pursuant to Section 104 of CERCLA, 42 U.S.C. §.9604.
NOTICE OF POTENTIAL LIABILITY
Potentially.respon~ible parties under CERCLA include: the current owners or operators of the Site; persons who at the time of disposal of hazardous. substances owned or operated the Site; persons who by contract, agreement, or otherwise arranged for disposal or treatment, or arranged with a transporter for disposal or treatment of hazardous substances; and persons who accept or accepted any hazardous substance for transport to disposal facilities and selected such facilities. Under CERCLA and other laws, PRPs may be liable for all funds expended by the United States Government in responding to any release or threat of release at the Site, including planning, investigation,: cleanup and enforcement activities associated with the Site. In addition, PRPs may be required to pay damages for injury to natural resources or for their destruction or loss, together with the cost of assessing such damages.
Based on information received during the investigation of this Site, EPA believes that General Electric as an arranger for disposal and current owner/operator of the Site may be a responsible party under Section 107 of CERCLA, 42 U.S.C. § 9607. Before the United States Government undertakes further remedial actions, EPA requests that the PRP voluntarily perform the remedial work.
SPECIAL NOTICE AND NEGOTIATION MORATORIUM
EPA has determined that a period of negotiation would facilitate settlement between EPA and the PRP. Therefore, pursuant to 42 U.S.C. § 9622(e), a 60-day moratorium on certain . EPA response activities at the Site will begin seven {7) calendar days from the date of this letter. During this 60-day period, the PRP is invited to submit a good faith offer to EPA to conduct the RD/RA. The contents of an acceptable good faith offer are set forth below. Upon the submission of a good faith offer, formal negotiations between the parties towards a settlement providing for the PRP to conduct or finance the RD/RA may begin. The negotiation period will be continued for an additional 60 days if, within the initial 60-day period, a good faith offer is submitted. If a settlement is reached between EPA and the PRP within the 120-day moratorium period, the settlement will be embodied in a Consent Decree for the RD/RA.
Pursuant to Section 122(e) (4) of CERCLA, 42 U.S.C. § 9622(e) (4), if a good faith offer is not received within the initial 60-day notice period, EPA may take appropriate action at the Site. However, EPA reserves the right to take action at any
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time at the Site in the event that a significant threat requiring EPA' s immediate re·sponse arises.
A good faith offer is a written proposal which demonstrates the PRP' s qualifications and.:willingness to conduct or finance the RD/RA. A good faith ·offer·· to conduct or finance the RD/RA will include the following elements:
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4.
5.
A statement of willingness by the PRP to conduct or finance the RD/RA which is consistent with the draft Consent Decree, Scope of Work, and Record of Decision and which provides a .sufficient basis for further negotiations.
To the extent issues warrant, a paragraph by paragraph response to the draft Consent Decree and Scope ot Work.
A demonstration of the PRP's techn~cal capability to carry out the RD/RA including the.identification of the firm(s) that would be used to conduct the work or a description of the process that will be used to select the firm(s).
A demonstration of the PRP's capability and willingness to finance the RD/RA.
A statement of the PRP's willingness to reimburse EPA for costs incurred in overseeing the PRP's conduct of .the RD/RA.
6. The name, address and telephone number of the party who will represent the PRP in negotiations.
In addition, the good faith offer should indicate whether the PRP is willing to reimburse EPA for the Agency's past costs as demanded herein.
ADMINISTRATIVE RECORD
Pursuant to Section 113(k) of CERCLA, 42 U.S.C. § 9613(k), EPA has established the administrative record which contains documents that form the basis of EPA's decision on the selection of a response action for the Site. This administrative record is open to the public for inspection and comment. The administrative record, up to the Proposed Plan, was compiled and sent to the Henderson County Library, Hendersonville, North Carolina. The administrative record is also located in EPA Region IV's Record Center in Atlanta, Georgia.
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DEMAND FOR PAYMENT
In accordance with CERCLA, EPA has already undertaken certain actions and incurred costs in response to conditions at this Site. Those response actions·include preliminary assessments, site investigations and oversight of the RI/FS. The amount expended to date for the response actions perfonned at the Site through EPA funding which has not yet been reimbursed by the PRP is approximately $1,024,687.59. A SUlllI!lary of Costs is enclosed, however, the pending cost summary should be used only as an estimate of costs related to the Site. All cost items appearing in this report have not been reconciled to the supporting documents at this time. EPA will provide you a certified report at a later date. Pursuant to Section 107 of CERCLA, 42 U.S.C. § 9607, EPA hereby demands payment of the above-stated amourit, together with any and all interest recoverable by law.
As stat~d above, EPA anticipates expending additional funds to conduct the RD/RA at this Site. Whether EPA funds the entire RD/RA or simply incurs costs in overseeing .the parties conducting these response activities, General Electric is potentially liable for these expenditures plus interest. The terms of payment of this amount will be included in negotiations for conduct of the response action or will be discussed at some later date if negotiations do not occur.
PRP RESPONSE AND EPA CONTACT PERSON . Section 122(e) of CERCLA, 42 U.S.C. § 9622(e), provides that General Electric has 60 days to make a good faith offer to EPA·. However, General Electric is requested to provide EPA with a letter of intent within 20 calendar days of receipt of this letter. The letter of intent should state whether General Electric is willing to enter into negotiations to perfonn and finance the RI/FS and is willing .to reimburse EPA for response costs. The letter of intent should include the appropriate name, address and telephone number for further contact with General Electric.
If EPA does not receive a timely response, EPA will assume that General Electric does not wish to negotiate a resolution of its liabilities in connec.tion with the response, and that General Electric has declined any involvement in performing these response activities. General Electric may be held liable under Section 107 of CERCLA, 42 U.S.C. § 9607, for the cost of the response actions which EPA performs at the Site and for any damages to natural resources.
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General Electric's response to this notice letter should be sent to:
Peter Raack
Assistant Regional•. Coun'sel · U.S. Environmental· Protection Agency 345 Courtland Street, N.E. Atlanta, Georgia 30365
If you have any lega-1 questions pertaining to this matter, please direct them to Mr. Raack at [phone], extension 2243. Please direct any technical questions which you may have to Ms. Giezelle Bennett, Remedial Project Manager, at [phone], extension 2065. Any questions pertaining to EPA cost expenditures can be directed to Kim-Thu Dao Vu at [phone], extension 6176.
Due to the seriousness of the problem at the Site and the legal ramifications of General Electric's failure to respond promptly, EPA strongly encourages you to give this matter your immediate attention and to respond within the time specified above.
Thank you for your cooperation in this matter.
Enclosures
Sincerely,
""'-"""" ~~ l ~----.---
Joseph R. Franzmathes
Director
Waste Management Division
cc: David Lown, Environmental Engineer, Nert~ Carolina Department of Health and Natural Resources
James Lee, Regional Environmental Officer U.S. Department of Interior · / William Mayer, Director
Division of Solid Waste Management Tom Augspurger
United States Fish and Wildlife Service
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DATE: 08/30/95
TIME: 10:18:06
FINAL IFMS RECONCILIATION PENDING
ITEMIZED COST SUMMARY REPORT GENERAL ELECTRIC, NC SITE ID; 4-JG
COSTS FROM 10/01/69 THROUGH 07/31/95
REGIONAL PAYROLL COSTS .....•.....•......................... $
1:,-nou~TERS PAYROLL COSTS ············· ........ ············
EPA INDIRECT COSTS ........................................... .
!rntoNAL TRAVEL COSTS ....................................... .
mADQUARTERS
INTRACT LAB
TRAVEL COSTS .................................... .
PROGRAM
I S-CUBED (S3) (68-D9-0027) .............................. . SKINNER & SHERMAN LABORATORIES, INC. (68-D9-0088) ...... .
!NVIRONMENTAL SERVICES ASSISTANCE TEAMS (ESAT) I ICF (68-01-7456) ....................................... . ICF TECHNOLOGY INCORPORATED (68-Dl-0135) ............... .
rLD INVESTIGATION TEAM (FIT) CONTRACT
NUS (68-01-7346) ....................................... .
tERAGENCY AGREEMENT (IAG).
DEPARTMENT OF INTERIOR (DW14377401) .................... .
tCELLEANOUS EXPENSES (MIS) ................................ .
rHER EXPENDITURES I NORTH CAROLINA (492701) ................................ . (4R0159NBLX) ................. .
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FISHER SCIENTIFIC (5R0446NNLX)., ....................... . BANKCARD (94BK110333) .................................. . AGENCY OF TOXIC SUBSTANCES AND DISEASE (ATSDR) ......... .
IEDIAL
CDM
(REM) CONTRACT
FED PROGRAMS CORP (68-W9-0056) ..................... .
I
' 128,411.93
75.92
272,146.50
13,181.88
0.00
47,163.59
6,512.60
5,103.66
28,045.84
43,946.64
3,348.96
134,030.05
-6,684.91
72.59
905.90
453.00
83,886.09
62,943.54
'TAL SITE COSTS: $ 823,543.78. •
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DATE: 08/30/95 TIME: 10:15:27
FINAL. IFMS RECONCILIATION PENDING
ITEMIZED COST SUMMARY REPORT SHEPHERD FARM, NC SITE ID= 4-QC
COSTS FROM 10/01/69 THROUGH 07/31/95
I REGIONAL PAYROLL COSTS •.• · ••.•.........•..........•..••.....• $
IHEADQUARTERS PAYROLL COSTS .... ·····························
EPA INDIRECT COSTS .......................................... .
1~J;;GIONAL TRAVEL COSTS ....................................... .
HEADQUARTERS TRAVEL COSTS ............................ , ...... .
.CONTRACT LAB PROGRAM
CEIMIC CORPORATION (CEIMIC) (68-D9-0056) ...... , ........ . L SKINNER & SHERMAN LABORATORIES, INC'. (68-D9-0081) ...... .
IRONMENTAL SERVICES ASSISTANCE TEAMS (ESAT)
I ICF (68-01-7456) ....................................... . ICF TECHNOLOGY INCORPORATED (68-Dl-0135) ............... .
{IELD INVESTIGATION TEAM (FIT) CONTRACT .
NUS (68-01-7346) ....................................... .
ifISCELLEANOUS EXPENSES (MIS) ................................ .
'THER EXPENDITURES
I NORTH CAROLINA (492701) ................................ . AGENCY OF TOXIC SUBSTANCES AND DISEASE (ATSDR) ......... .
liECHNICAL ASSISTANCE TEAM (TAT) CONTRACT I ROY F. WESTON (68-W0-0036) ............................. . DYNCORP VIAR (68-W2-0030) .............................. .
IECHNICAL ENFORCEMENT SUPPORT (TES) CONTRACT
CAMP, DRESSER & MCKEE (68-W9-0004) ..................... . I
9,214.83
621.26
22,173.00
1,352.55
771.85
10,170.80
2,241.10
306.96
39.30
5,212.11
18,313.65
12,665.58
11,637.81
25,087.07
10,009.00
71,326.94
l'TAL SITE COSTS: $ 201,143.81
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RECEIVED
MAR 13 1996
SUPERFUND SECTION
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TABLE OF CONTENTS
CERCLA RD/RA CONSENT DECREE
I. BACKGROUND
II. JURISDICTION
III. PARTIES BOUND
IV. DEFINITIONS
V. GENERAL PROVISIONS
VI.
VII.
VIII.
IX.
PERFORMANCE OF THE WORK BY SETTLING DEFENDANT
REMEDY REVIEW
QUALITY ASSURANCE, SAMPLING, and DATA ANALYSIS
ACCESS AND INSTITUTIONAL CONTROLS
X. REPORTING REQUIREMENTS
XI.
XII.
XIII.
XIV.
EPA APPROVAL OF PLANS AND OTHER SUBMISSIONS
PROJECT COORDINATORS
ASSURANCE OF ABILITY TO COMPLETE WORK
CERTIFICATION OF COMPLETION
XV. EMERGENCY RESPONSE ....
XVI. REIMBURSEMENT OF RESPONSE COSTS
XVII. INDEMNIFICATION AND INSURANCE
XVIII. FORCE MAJEURE ..
XIX. DISPUTE RESOLUTION
XX. STIPULATED PENALTIES
XXI. COVENANTS NOT TO SUE BY PLAINTIFF
XXII. COVENANTS BY SETTLING DEFENDANT
XXIII. EFFECT OF SETTLEMENT: CONTRIBUTION PROTECTION
XXIV. ACCESS TO INFORMATION
XXV. RETENTION OF RECORDS
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NOTICES AND SUBMISSIONS
EFFECTIVE DATE
XXVI.
XXVII.
XXVIII. RETENTION OF JURISDICTION
XXIX. APPENDICES ..
XXX. COMMUNITY RELATIONS
XXXI. MODIFICATION
XXXII. LODGING AND OPPORTUNITY FOR PUBLIC COMMENT
XXXIII. SIGNATORIES/SERVICE
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DRAFT
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH CAROLINA
UNITED STATES OF AMERICA
Plaintiff,
v.
GENERAL ELECTRIC COMPANY,
Defendant.
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CIVIL ACTION NO.
______________ )
CONSENT DECREE
I. BACKGROUND
A. The United States of America ("United States"), on behalf
of the Administrator of the United States Environmental
Protection Agency ("EPA"), filed a complaint in this matter
pursuant to Sections 106 and 107 of the Comprehensive
Environmental Response, Compensation, and Liability Act
("CERCLA"), 42 U.S.C. §§ 9606, 9607.
B. The United States in its complaint seeks, inter alia:
(1) reimbursement of costs incurred by EPA and the Department of
Justice for response actions at the General Electric/Shepherd
Farm Superfund Site in Hendersonville, North Carolina, together
with any accrued interest; and (2) performance of studies and
response work by the Defendant at the Site consistent with the
National Contingency Plan, 40 C.F.R. Part 300 (as amended)
( 11 NCP 11 ).
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C. In accordance with the NCP and Section 121(f) (1) (Fl of
CERCLA, 42 U.S.C. § 9621(f) (1) (F), EPA notified the State of
North Carolina (the "State") on _________ , 1995, of
negotiations with potentially responsible parties regarding the
implementation of the remedial design and remedial action for the
Site, and EPA has provided the State with an opportunity to
participate in such negotiations and be a party to this Consent
Decree.
D. In accordance with Section 122(j) (1) of CERCLA, 42 U.S.C.
§ 9622(j) (1), EPA notified the U.S. Department of Interior on
_______ , 1995, of negotiations with potentially responsible
parties regarding the release of hazardous substances that may
have resulted in injury to the natural resources under Federal
trusteeship and encouraged the trustee(s) to participate in.the
negotiation of this Consent Decree.
E. The Defendant that has entered into this Consent Decree
("Settling Defendant") does not admit any liability to the
Plaintiff arising out of the transactions or occurrences alleged
in the complaint, nor does it acknowledge that the release or
threatened release of hazardous substance(s) at or from the Site
constitutes an imminent or substantial endangerment to the public
health or welfare or the environment. ~½88B§½H12ffiB~i?§~nBE'¥:8~
wn;t§•·r¢.§i:iii¢!:ii;: rn!?@sl!'i%@1t ~1-i;il §~l?twwn?iiR~t.@n~!n.12 ~.2.~1 .ue§ t~Bm¥~I~i
$·•t:i§;t-!cemeP:ti••· \iffi @n\% ?,i:lli\$!:i$§!1±;fi§;~lxe t:ei#&t:41 ws:e §½!2.J?J!;gfitjJJ?@f.i:iP:q~nt•
fl%•$e#Qe§)$es ;w§.n#:iil t§ g~iliiili imx q~~iniil§!iiln~ !21?tsn~++~n9'½ ~ax
~?i;it{qi:' t!t~§ili+H•!?½ ¼U ~Yi £¥8Si~f!i!Jng @:lsS@FBl §i}ij]§p ·••ei;j'.fqi:'ce ···••fal:i:g§
¢!:irisefftPi§±teiM
F. Pursuant to Section 105 of CERCLA, 42 U.S.C. § 9605, EPA
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placed the Site on the National Priorities List, set forth at 40
C.F.R. Part 300, Appendix B, by publication in the Federal
Register on December 16, 1994, 59 Fed. Reg. 65206.
G. In response to a release or a substantial threat of a
release of a hazardous substance(s) at or from the Site, EPA
commenced in May 1994, a Remedial Investigation and Feasibility
Study ("RI/FS") for the Site pursuant to 40 C.F.R. § 300.430.
H. EPA completed a Remedial Investigation ("RI") Report and
the Feasibility Study ("FS") Report on July 24, 1995.
I. Pursuant to Section 117 of CERCLA, 42 U.S.C. § 9617, EPA
published notice· of the completion of the FS and of the proposed
plan for remedial action in July 1995, in a major local newspaper
of general circulation. EPA provided an opportunity for written
and oral comments from the public on the proposed plan for
remedial action. A copy of the transcript of the public meeting
is available to the public as part of the administrative record
upon which_the Regional Administrator based the selection of the
response action.
J. The decision by EPA on the remedial action to be
implemented at the Site is embodied in a final Record of Decision
("ROD"), executed on §i£!8§ffi.R3¥?2/@g~§, on which the State has
given its concurrence. The ROD includes EPA's explanation for
any significant differences between the final plan and the
proposed plan as well as a responsiveness summary to the public
comments. Notice of the final plan was published in accordance
with Section 117(b) of CERCLA.
K. Based on the information presently available, EPA believes
that the Work will be properly and promptly conducted by the
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Settling Defe~dant if conducted in accordance with the
requirements of this Consent Decree and its appendices.
L. Solely for the purposes of Section 113(j} of CERCLA, the
Remedial Action selected by the ROD and the Work to be performed
by the Settling Defendant shall constitute a response action
taken or ordered by the President.
M. The Parties recognize, and the Court by entering this
Consent Decree finds, that this Consent Decree has been
negotiated by the Parties in good faith and implementation of
this Consent Decree will expedite the cleanup of the Site and
will avoid prolonged and complicated litigation between the
Parties, and that this Consent Decree is fair, reasonable, and in
the public interest.
NOW, THEREFORE, it is hereby Ordered, Adjudged, and Decreed:
II. JURISDICTION
1. This Court has jurisdiction over the subject matter of
this action pursuant to 28 U.S.C. _§§ 1331 and 1345, and 42 U.S.C.
§§ 9606, 9607, and 9613(b}. This Court also has personal
jurisdiction over the Settling Defendant. Solely for the
purposes of this Consent Decree and the underlying complaint,
Settling Defendant waives all objections and defenses that it
may have to jurisdiction of the Court or to venue in this
District. Settlin<,J Defendant ]fl~ g1((l;~;¥3§ shall not challenge the
terms of this Consent Decree or this Court's jurisdiction to
enter and enforce this Consent Decree.
III. PARTIES BOUND
2. This Consent Decree applies to and is binding upon the
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United States and upon Settling Defendant and its successors and
assigns. Any change in ownership or corporate status of the
Settling Defendant including, but not limited to, any transfer of
assets or real or personal property, shall in no way alter such
Settling Defendant's responsibilities under this Consent Decree.
3. Settling Defendant shall provide a copy of this Consent
Decree to each contractor hired to perform the Work· (as defined
below) required by this Consent Decree and to each person
representing any Settling Defendant with respect to the Site or
the work and shall condition all contracts entered into hereunder
upon performance of the Work in conformity with the terms of this
Consent Decree. Settling Defendant or its contractors shall
provide written notice of the Consent Decree to all
subcontractors hired to perform any portion of the Work required
by this Consent Decree. Settling Defendant shall nonetheless be
responsible for ensuring that its contractors and subcontractors
perform the Work contemplated herein. in accordance with this
Consent Decree. With regard to the activities undertaken
pursuant to this Consent Decree, each contractor and
subcontractor shall be deemed to be in a contractual relationship
with the Settling Defendant within the meaning of Section
10 7 ( b) ( 3) of CERCLA, 4 2 U. S . C. § 9 6 0 7 ( b) ( 3) .
IV. DEFINITIONS
4. Unless otherwise expressly provided herein, terms used in
this Consent Decree which are defined in CERCLA or in regulations
promulgated under CERCLA shall have the meaning assigned to them
in CERCLA or in such regulations. Whenever terms listed below
are used in this Consent Decree or in the appendices attached
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hereto and incorporated hereunder, the following definitions
shall apply:
"CERCLA" shall mean the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended, 42 U.S.C.
§ 9601 et seq.
"Consent Decree" shall mean this Decree and all appendices
attached hereto (listed in Section XXIX). In the event of
conflict between this Decree and any appendix, this Decree shall
control.
"Day" shall mean a calendar day unless expressly stated to be
a working day. "Working day" shall mean a day other than a
Saturday, Sunday, or Federal holiday. In computing any period of
time under this Consent Decree, where the last day would fall on
a Saturday, Sunday, or Federal holiday, the period shall run
until the close of business of the next working day.
"EPA" shall mean the United States Environmental Protection
Agency and any successor departments or agencies of the United
States.
"Future Response Costs" shall mean all costs, including, but
not limited to, direct, indirect and annual allocation costs,
that the United States incurs in reviewing or developing plans,
reports and other items pursuant to this Consent Decree,
verifying the Work, or otherwise implementing, overseeing, or
enforcing this Consent Decree, including, but not limited to,
payroll costs, contractor costs, travel costs, laboratory costs,
the costs incurred pursuant to Sections VII, IX (including, but
not limited to, attorneys fees and any monies paid to secure
access and/or to secure _institutional controls, including the
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amount of just compensation), XV, and Paragraph 86 of Section
XXI. Future Response Costs shall also include all Interim
Response Costs and all Interest on the Past Response Costs that
has accrued
Decree.
to 42 U.S.C. § 9607{a) during the period
to the date of entry of this Consent
ssnm!1s~ie,~ '§iii\l!IBBS Iii~~i~a~!ililli~EIBEii~iai1[1~rl: l~lli!li!'isllei1!i
El?t?~ns![:i ii
"Interim Response Costs" shall mean all costs, including
direct and indirect costs, {a) paid by the United States in
connection with the Site between August 31 9~s~iE111, 1995, and
the effective date of this Consent Decree, or (b) incurred prior
to the effective date of this Consent Decree but paid after that
date.
"Interest," ·shall mean interest at the rate specified for
interest on investments of the Hazardous Substance Superfund
established under Subchapter A of Chapter 98 of Title 26 of the
U.S. Code, compounded on October 1 of each year, in accordance
with 42 U.S.C. § 9607(a).
"National Contingency Plan" or "NCP" shall mean the National
Oil and Hazardous Substances Pollution Contingency Plan
promulgated pursuant to Section 105 of CERCLA, 42 U.S.C. § 9605,
codified at 40 C.F.R. Part 300, and any amendments thereto.
"Operation and Maintenance" or "0 & M" shall mean all
activities required to maintain the effectiveness of the Remedial
Action as required under the Operation and Maintenance Plan
approved or developed by EPA pursuant to this Consent Decree and
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the Statement of Work (SOW).
no,,mer Settling Dcfcedant" shall meaa the Set!3ling: DefcndaBt
listeel: in Appeael:iic B.
"Paragraph" shall mean a portion of this Consent Decree
identified by an arabic numeral or an upper case letter.
"Parties" shall mean the United States and the Settling
Defendant.
"Past Response Costs" shall mean all costs, including, but not
limited to, direct, indirect and annual allocation costs, that
the United States paid at or in connection with the Site through
."rl.l§'tlSt 31 Pilfif!emB~®rn~, 1995, plus Interest on all such costs which ;:::::::::::··c::::.:.c-::·c···c-·>:
has accrued pursuant to 42 u.s.c. § 9607(a) through such date.
"Performance Standards" shall mean the cleanup standards and
·other measures of achievement of the goals of the Remedial
Action, set forth in Section~~ M-:-3-of the ROD f!fi~llt'liBY
ii:¼i}J;i;!i#l)i;;i;ve fl~E-F8~S$:I§tl~Hlil~E~il!il~\S!B~~ffi§R~SiB¥lir~~iIIR~B-nBiBB
~fi~I@B§S~J'),,JJ#,i~;I~miiEiisiI2i"ia!i1/~sinl RE!?YffiW~t!?n;i ffiBlifli~~af!l::hii~~i!e ·
"Plaintiff" shall mean the United States.
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I "RCRA" shall mean the Solid Waste Disposal Act, as amended, 42
I U.S.C. §§ 6901 et seq. ("also known as the Resource Conservation
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and Recovery Act).
"Record of Decision" or "ROD" shall mean the EPA Record of
Decision relating to the Site or signed on §@PB~m§~;j g~): ~~2?'
by the Deputy A§$§¢$%l;e Division Director of the Waste Management
I Division, EPA Region IV, or his/her el:ele§'ate, and all attachments
thereto. The ROD is attached as Appendix A.
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"Remedial Action" shall mean those activities, except for
Operation and Maintenance, to be undertaken by the Settling
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Defendant i;9J_i§~$,#~JitjlW3i1'j§l,l,fil~~g!f¥tp)jid~4#:t1~ to implement the ROD,
in accordance with the SOW and the final Remedial Design and
Remedial Action Work Plans and other plans approved by EPA.
"Remedial Action·work Plan" shall mean the document developed
pursuant to Paragraph 12 of this Consent Decree and approved by
EPA, and any amendments thereto.
"Remedial Design" shall mean those activities to be undertaken
by the Settling Defendant to develop the final plans and
specifications for the Remedial Action pursuant to the Remedial
Design Work Plan.
"Remedial Design work Plan" shall mean the document developed
pursuant to Paragraph 11 of this Consent Decree and approved by
EPA, and any amendments thereto.
"Section" shall mean a portion of this Consent Decree
identified by a roman numeral.
:((§~+BBRi~§~~Flsi §Hffi~¼~m~;;~a~+± iffi~~B &Vfii I£FRi?~Fi¥!;9fii!;i¼ga/fE~@ '~~
Phi §fii~£8B l g+iE!i11 gp§jmfilBxl;eliiE¼~Ei ~I: 9£ §nllB~B
"Settling Defendant" shall mean.the Party identified in
Appendix E (Owne1c Settling Defendant) ~TI9! ffiB§ sucBessors?fouid.
~§§t@R§·
"Sewage Sludge" means solid, semisolid, O1c liquid 1cesidue
1cemoved du1cing the t1ceatment of munieipal waste ·,,ate£, domestie
sewage, O1c othe£ waste wate1c at O1c by publicly owned O1c fede1call)'
owned t1ceatment wo1cks.
\\9!}§p!}~p~fg'i;fil§}IB~ij;:~i\jishall mean the property designated ,as
Pn1Vt.n~i?h$gq iR~£Wi!gfe£3ffij§ii;!'si£WBB39:i1J~B3B~~¾¥ BU ~nfii ~p ~§PI§n~q
as ,ll'§~i%fi1tiii'9! ·
"Site" shall mean the General Electric/Shepherd Farm Superfund
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Site, encompassing three property parcels located near the
intersection of Spartarbur~ §ffi;if,~~¥59 Highway and Tabor Road in
Hendersonville, Henderson County, North Carolina, and depicted
generally on the map attached as Appendix C.
"State" shall mean the State of North Carolina.
"Statement of Work" or "SOW" shall mean the statement of work
for implementation of the Remedial Design, Remedial Action, and
Operation and Maintenance at the Site, as set forth in Appendix B
to this Consent Decree and any modifications made in accordance
with this Consent Decree.
"Supervising Contractor" shall mean the principal contractor
retained by the Settling Defendant to supervise and direct the
implementation of the Work under this Consent Decree.
"United States" shall mean the United States of America.
"Waste Material" shall mean (1) any "hazardous substance"
under Section 101(14) of CERCLA, 42 U.S.C. § 9601(14); (2) any
pollutant or contaminant under Section 101(33), 42 U.S.C.
§ 9601(33); and any "solid waste" under Section 1004(27) of RCRA,
42 u.s.c. § 6903 (27) .1
"Work" shall mean all activities Settling Defendant is
required to perform under this Consent Decree, except those I required by Section XXV (Retention of Records).
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V. GENERAL PROVISIONS
5. Objectives of the Parties
The objectives of the Parties in entering into this Consent
1EPA is not persuaded that the change in this definition is a necessary change, and, in an effort to keep the changes limited to those that the parties agree are necessary, EPA proposes that the language remain.
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Decree are to protect public health or welfare or the environment
at the Site by the design and implementation of response actions
at the Site by the Settling Defendant, to reimburse response
costs of the Plaintiff, and to resolve the claims of Plaintiff
against Settling Defendant as provided in this Consent Decree.
6 ·. Commitments by Settling Defendant
a. Settling Defendant shall finance and perform the Work
in accordance with this Consent Decree, the ROD, the SOW, and all
work plans and other plans2 , standards, specifications, and
schedules set forth herein or developed by Settling Defendant and
approved by EPA pursuant to this Consent Decree. Settling
Defendant shall also reimburse the United States for Past
Response Costs and Future Response Costs as provided in this
·consent Decree.
b. Tae obligations of Settling Defendant to finanee and
!)erform tae Work and to !Jay amounts owed tae UHited States under
tais Consent Deeree are joint and several. In tae event of tae
insolveney or otaer failure of any one or more Settling Defendant
to iffi!)lcmcnt tac rcqi,:ircmcnts of tais Consent Decree, tae
remaining Settling Defendant saall coffi!)lctc all suca
requirements.
7. Compliance With Applicable Law
All activities undertaken by Settling Defendant pursuant to
this Consent Decree shall be performed in accordance with the
requirements of all applicable federal and state laws and
regulations. Settling Defendant must also comply with all
2EPA does not believe that the addition of the term
"consistent" is a necessary change.
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applicable OE relevant and appropriate requirements of all
Federal and state environmental laws as set forth in the ROD and
the SOW. The activities conducted pursuant to this Consent
Decree, if approved by EPA, shall be considered to be consistent
with the NCP. 3
8. Permits
a. As provided in Section 121(e) of CERCLA and Section
300.400(e) of the NCP, no permit shall be required for any
portion of the Work conducted entirely on-site (i.e., within•the
areal extent of contamination or in very close proximity to the
contamination and necessary for implementation of the Work).
~§;f;)1RHER8§~l e!i~!l!il §is~;ll§JI!lll}iini~B~li lin!m~ i~il!e~i™niil!issslg]I!
to ~g\mtg/st ~lg@:fl,lj!jgfll!i~~ll!;• Where any portion of . the Work that
is not on-site requires a federal or state permit or approval,
Settling Defendant shall submit timely and complete applications
and take all other actions necessary to obtain all such pennits
or approvals.
b. The Settling Defendant may seek relief under the
provisions of Section XVIII (Force Majeure) of this Consent
Decree for any delay in the performance of the Work resulting
from a failure to obtain, or a delay in obtaining, any permit
required for the Work.
3The changes suggested by GE would change the meaning of this
provision. GE will still have to comply with all applicable
federal and state laws at the Site (e.g., OSHA) in addition to the
ARARs identified in the ROD.
4EPA is reluctant to agree that areas between the subsites are
"onsite" for the purposes of this Section because these include
residential and high traffic areas. GE agreed to look into the
requirements that may be applicable to activities between the
subsites.
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c. This Consent Decree is not, and shall not be
construed to be, a permit issued pursuant to any federal or state
statute or regulation.
9. Notice of Obligations to Successors-in-Title
a. Within 15 days after the entry of this Consent
Decree, the Owner Settling Defendant shall record ~Q~;i;i!:)'~\Qijj ;;;-:-:-:.·-:-:-·-·.·-···••'••····••'••············-,
;g notice of the entry of this Consent Decree with the
Recorder's Office or Registry of Deeds or other appropriate
office, Henderson County, State of North Carolina. Thereafter,
each deed, title, or other instrument conveying an interest in
the property included in the &tte mii':i§R'fi~i\§s shall contain a
notice stating that the property is subject to this Consent
Decree and shall reference the recorded location of the Consent
Decree and any restrictions applicable to the property under this
Consent Decree.
b. The obligations of eaeh Owner ·~fl:~ Settling Defendant
with respect to the provision of access under Section IX (Access)
and the implementation of institutional controls under Section IX
shall be binding upon any and all oueh '.t;:fi;'i Settling Defendant and
any and all persons who subsequently acquire any such interest or
portion thereof (hereinafter "Successors-in-Title"). Within 15
days after the entry of this Consent Decree, eaeh Owner J'i\:ig
Settling Defendant shall record at the Recorder's Office or
Registry of Deeds or other appropriate office where land
ownership and transfer records are maintained for the property QJ;:
sQJ:5.s:i,t'.ei a notice of obligation to provide access under Section IX
(Access) and related covenants, if any. Each subsequent
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instrument conveying an interest to any such property included in
the 6-i-Ee @~WisH~s~lB~ shall reference the recorded location of such
notice and covenants applicable to the property.
c. rui.y Owner~§ Settling Defendant and any Successor-
in-Title shall, at least 30 days prior to the conveyance of any
such interest, give written notice of this Consent Decree to the
grantee and written notice to EPA of the proposed conveyance,
including the name and address of the grantee, and the date on
which notice of the Consent Decree was given to the grantee. In
the event of any such conveyance, the Settling Defendant's
obligations under this Consent Decree, including its obligations
to provide or secure access pursuant to Section_IX, shall
continue to be met by the Settling Defendant. In addition, if
the United States approves, the grantee may perform some or all
of the Work under this Consent Decree. In no event shall the
conveyance of an interest in property that includes, or is a
portion of, the Site5 release or otherwise affect the liability·
of the Settling Defendant to comply with the Consent Decree.
VI. PERFORMANCE OF THE WORK BY SETTLING DEFENDANT
10. Selection of Supervising Contractor.
a. All aspects of the Work to be performed by Settling.
Defendant pursuant to Sections VI (Performance of the Work by
Settling Defendant), VII (Remedy Review), VIII (Quality
Assurance, Sampling and Data Analysis), and XV (Emergency
Response) of this Consent Decree shall be under the direction and
5The original language includes the recogriition that conveyance of even a portion of the Site release (e.g., the GE property) would not affect the CD responsibility and makes the proposed change unnecessary.
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supervision of the Supervising Contractor, the selection of which
shall be subject to disapproval by EPA. Within 10 days after the
lodging of this Consent Decree, Settling Defendant shall notify
EPA in writing of the name, title, and qualifications of any
contractor proposed to be the Supervising Contractor. EPA will
issue a notice of disapproval or an authorization to proceed
'%&B!!1*H i§ e.i)ijl[sil(i[gl!Iiii iisiii§!iailli!~i €®EB£$B~!IR!i1£~1n§:!{i
~µpgp:y;\;§WASi£2nmP%'stlewf'w:i\l!!Ji#Jm£?]!;!!!?~. If at any time thereafter,
Settling Defendant proposes to change a Supervising Contractor,
Settling Defendant shall give such notice to EPA and must obtain
an authorization to proceed from EPA before the new Supervising
Contractor performs, directs, or supervises any Work under this
Consent Decree.
b. If EPA disapproves a proposed Supervising Contractor,
EPA will notify Settling Defendant in writing. Settling
Defendant shall submit to EPA a list of contractors, including
the qualifications of each contractor, that would be acceptable
to tfteffl ±ti within 30 days of receipt of EPA's disapproval of the
contractor previously proposed. EPA will provide written notice
of the names of any contractor(s) that it disapproves and an
authorization to proceed with respect to any of the other
contractors. Settling Defendant may select any contra·ctor from
that list. that is not disapproved and shall notify EPA of the
name of the contractor selected within 21 days of EPA's
authorization to proceed.
c. If EPA fails to provide written notice of its
authorization to proceed or disapproval as provided in this
Paragraph and this failure prevents the Settling Defendant from
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meeting one or more deadlines in a plan approved by the EPA
pursuant to this Consent Decree, Settling Defendant may seek
relief under the provisions of Section XVIII (Force Majeure)
hereof.
11. Remedial Design.
a. Within 90 days after EPA's issuance of an
authorization to proceed pursuant to Paragraph 10, Settling
Defendant shall submit to EPA and the State a work plan for the
design of the Remedial Action at the Site ("Remedial Design Work
Plan" or "RD Work Plan"). The Remedial Design Work Plan shall
provide for design of the remedy set forth in the ROD, in
accordance with the SOW and for achievement of the Performance
Standards and other requirements set forth in the ROD, this
Consent Decree and/or the SOW. Upon its approval by EPA, the
Remedial Design Work Plan shall be incorporated into and become
enforceable under this Consent.Decree. Within 90 days after
EPA's issuance of an authorization to proceed, the Settling
Defendant shall submit to EPA and the State a Health and Safety
Plan for field design activities which conforms to the applicable
Occupational Safety and Health Administration and EPA
requirements including, but not limited to, 29 C.F.R. § 1910.120 .
b. The Remedial Design Work Plan shall include plans and
schedules for implementation of all remedial design and pre-
design tasks identified in the SOW, including, but not limited
to, plans and schedules for the completion of: (1) a Sampling and
Analysis Plan (including, but not limited to, a Quality Assurance
Project Plan (QAPP) in accordance with Section VIII (Quality
Assurance, Sampling and Data Analysis) ~na~ti~;tq§~:Ji¾h$'~B9'
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;@~%Y§W§([g@l~) ; ( 2 ) WM15:ifi1ati;a$$;!l$&yHSBligr7l!§?fi&@g1iapifI@amrn? iR~all:itl
.~aH!!$iltell§'¥1ll!Dt!!i~~lti a preliminary design submittal; x,§tl!II~
ibihemti@4i¥¥hei aeis!iiant$UB$id:;ti~lij)fior;j;!$!i,½irn£l:hliiMferiiilietnli!dY;\
SS!ffi.R9B~B:£~[; and (s~l a pre-final ifig, -f final design submittal§.
In addition, the Remedial Design Work Plan shall include a
schedule for completion of the Remedial Action Work Plan.
c. Upon approval of the Remedial Design Work Plan by
EPA, after a reasonable opportunity for review and comment by the
State, and submittal of the Health and Safety Plan for all field
activities to EPA and the State, Settling Defendant shall
implement the Remedial Design Work Plan. The Settling Defendant
shall submit to EPA and the State all plans, submittals and other
deliverables required under the approved Remedial Design Work
Plan in accordance with the approved schedule for review and
approval pursuant to Section XI (EPA Approval of Plans and Other
Submissions). Unless otherwise directed by EPA, Settling
Defendant shali not commence further Remedial Design activities
at the Site prior to approval of the Remedial Design Work Plan.
•:il! : I lfil1!1ifmisw!+ ~ii?J~B R!x PF8£~~4:i?JR ·~Rt.~E~Btt §!!~§'el§
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d. The preliminary design submittal shall include, at a
minimum, the following: (1) design criteria; (2) results of Bhe
W;i;¼~#fil::i~W:iiPY §~H~Yi studies; ( 3) results of additional field
sampling and pre-design work; (4) project delivery strategy; (5)
preliminary plans, drawings and sketches; (6) required
specifications in outline form; and (7) preliminary construction
schedule.
d. The intermediate design submittal, if required by EPA
or if independently submitted by the Settling Defendant, shall be
a continuation and expansion of the preliminary design. Any
value engineering proposals must be identified and evaluated
during this review.
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e. _ _!he pre-final ~µif! -f final design submittal! shall
include, at a minimum, the following: (1) final plans and
specifications; (2) Operation and Maintenance Plan; (3)
Construction Quality Assurance Project Plan (CQAPP}; (4) Field
Sampling Plan (directed at measuring progress towards meeting
Performance Standards}; and (5) Contingency Plan. The CQAPP,
which shall detail the approach to quality assurance during
construction activities at the Site, shall specify a quality
assurance official ("QA Official"}, independent of the
Supervising Contractor, to conduct a quality assurance program
during the construction phase of the project.
12. Remedial Action.
a. Concurrent with the submittal of the pre-final/final
design, Settling Defendant shall submit to EPA and the State, a
work plan for the performance of the Remedial Action at the Site
("Remedial Action Work Plan"}. The Remedial Action Work Plan
shall provide for construction and implementation of the remedy
set forth in the ROD and achievement of the Performance
Standards, in accordance with this Cqnsent Decree, the ROD, the
SOW, and the design plans and specifications developed in
accordance with the Remedial Design Work Plan and approved§#
S8mffi@P:§~9p;p9tl by EPA. Upon its approval by EPA, the Remedial
Action Work Plan shall be incorporated into and become
enforceable under this Consent Decree. At the same time as it
submits the Remedial Action Work Plan, Settling Defendant shall
submit to EPA and the State a Health and Safety Plan for field
activities required by the Remedial Action Work Plan which
conforms to the applicable Occupational Safety and Health
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Administration and EPA requirements including, but not limited
to, 29 C.F.R. § 1910.120.
b. The Remedial Action Work Plan shall include the
following: (1) the schedule for completion of the Remedial
Action; (2) method for selection of the construction contractor;
(3) schedule for developing and submitting other required
Remedial Action plans; (4) a Project Delivery Strategy; (5) a
Construction Management Plan; and (6) a Construction Quality
Assurance Plan.
c. Upon approval of the Remedial Action Work Plan by
EPA, Settling Defendant shall implement the activities required
under the Remedial Action Work Plan. The Settling Defendant
shall submit to EPA and the State all plans, submittals, or other
deliverables required under the approved Remedial Action Work
Plan in accordance with the approved schedule for review and
approval pursuant to Section XI (EPA Approval of Plans and Other
Submissions). Unless otherwise directed by EPA, Settling
Defendant shall not commence physical Remedial Action activities
at the Site prior to approval of the Remedial Action Work Plan.
~£ ii iile!&a$ !l!'i8S@AB Btl~P• i§,R~ ~~B@BP¾Uil!§ S~2E~EX
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p;;; f#¥#\\l.Wlt.4?!::¥,'rill @P:i\lltn~£@'~$,?PYii'!t~P1p#g#¥Ii#lil'lliSf/Mf:w'\!f!)ii!k
The Settling Defendant shall continue to implement
the Remedial Action and O&M until the Perfonnance Standards are
achieved and for so long thereafter as is otherwise required
under this Consent De Cree(/; :iiI:o1N!§,!!!l;l~.£M;~J:tYili.@B!f&~lii\1l?n~t!l?!ti!'fil2B~EB~
g~f$ ifill~iif~Q~?;g l\§$/4'.i;,,4~:i;i;J;§fi~;;i? EP9¥§fill&.~i :@~;I:t/~.9An~¢?W:l!w;
NOTE: ALL OF b. BELOW IS THE ADDED TECHNICAL IMPRACTICABILITY
LANGUAGE
The Settling Defendant may petition EPA to waive
compliance with one or more of the Perfonnance Standards for
ground water contaminants resultin~ from non reeoverable free
phase or residual quantities of dense non aqueous phase liquid
(11 DNAPL 11 ) present in the subsurfaee, based on a demonstration
that it is technically impracticable, from an engineering
perspective, to attain those standards.
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The determination of whether attainment of a particular
Performance Standard is technically impracticable will be made by
EPA, and will be based on the engineering feasibility and
re 1 iabi 1 it Y of the remedy· Wfii!l§ii@~@ije}t~~Wi;#ilili3U.~~'.# ~giipii/iiiii:)liliiiiii
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$'/X$;fi~Fi:i:§?)§!'i;:41;!;'9@;nl?!ip~Ali\;P!%9A§ l$p) MQGillfill! p~ffl\'?%1 ;92»t/~!~fil;'ill1Ffi~#
~§ :f%2fi\t~i§;l'/igj q;p) l$gf§fi# 2¥" &h¥$,lii~w@ 2~Ui;!~¥Wg~ff2J;l!l@§ffei;~%A$fl?,%sli1I;aif4
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~BB:F%!?H§~RW§ j;gf ilfsfi tt!ili!l+sfi%9A~ lin ¥2§§/JeiI 9,BH~:Fi199B¥~%Agnti§!j
EPA will consider a petition for a waiver of Performance
Standards on technical impracticability grounds 6ft±jf after the
selected ground water remedy, i#nsJ!J'l'!Jwn~ @fig i2.l\\@~@Pf+Bi2
§'#g}m!\lW@i!;§f £@!!\@sl,f~§i#§n p,~$.C;#;i!l:j$tj'. ¾Pi g~g~~j;ggql ~%\s};y}i; has been
functioning and operational for a sufficiently long time period
to make reliable predictions concerning its ability to achieve
the Performance Standards.
~t ~ l?@fifj;if PB .¥~ $.iJ.l?m¥SB~2 l?EW8£ It2.•····~·· ... •••tuJl~i~S.~J:$ 9:SRHUS'fflf~~g
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?fi¢rat£ona®.iiii1$liB!iiw%#$i1i1ne:~ei,ti®'r:Jri: $&aI~ :a~i!~tef#A!i~J;Ct§j,Eiiqiira;iippJ
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¢@¥\tift@ri#¥;, %'l#;9'?:Fi~tj9-;l ,1;;b.eJ/!1i,~P!!mqj:q~Jt;;pjzp;gt;451i#f¥a,Wc\l~'FtP@;&ap.l'fF¥!!3iP,gJiliJn;~
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!¼i\I?F~P;~:jiq~~±~~¥ determination will be made by EPA based on site-
specific data and conditions. If the first petition is rejected,
a subsequent petition will be considered by EPA only if EPA
determines that it is based on significant new site-specific da.ta
which;)/~gp: ;g-gg§ g\'l,µ§g;;lf,H:;2§m1';;!~§; n§W could not have been
developed at the time the previous petition was submitted.
Neither the submission of a petition by Settling Defendant
nor the granting of a waiver of one or more Performance Standards
by EPA pursuant to this Section shall relieve Settling Defendant
of their obligation to ( i) continue to 9,§§¥gµ'%ll;;'Qq§!@m¢pI\!lJjt
operate the ground water remedy[I iffiBSBFESEi~'~!f~M-t@~si!i'l!:tei:E:ilen~
filif!i g~; iI E@i\'i:P)#I Q~ .ff\~¼¥~.¥ i!iS¼§¥8Hii! unt i 1 the time specified
by EPA, (ii) attain Performance Standards for any contaminants
for which EPA has not specifically granted a waiver, and (iii)
complete any other obligation under this Consent Decree.
Such a petition shall include, at a minimum, the information
and analyses required by EPA guidance and the site-specific
information described in Subparagraphs (A) through (~), as
follows:
(A) A list of each Performance Standard for which a
waiver is sought, and the spatial limits for which they are
sought. The justification for a waiver required by items (B)
(hM) below must be made for each contaminant or class of
contaminants for which a waiver is sought.
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(B) A description of known or suspected ground water
contaminant sources at the site,, including dense non-aqueous
phase liquid ("DNAPL") contaminants. The petition shall also
describe source control and removal efforts that have been
implemented and the effectiveness of those efforts.
( c i iii® 1 t::ti~FiP,eJdiefa:ii:i: x$;;11$#bnq\tJi~,,Ji;iil~ntio#,gJ1~ $,tt1lffit$Qp,W~
$1~.qp:,f!.~:I~s~# ,¾?!i~fii~e@$§fi i~iii1,i£fi,#m~n:~l11!;:•a!1ipep~Il's
?P,~£1:j(!y/~§nffe!+f §§§$~¼AS1!~B~¥Wiig6~;l1\.\µ§#]ig~mpH~g);!.~§3Il@!J;gl;;
§pgj;~j:;~gn;;g~ !;(ff½YX!/!B§9§!±¢ff§Y$.l:;!@1:'.@;i'q;ll§,; up,Bi P,;t\9¥¥.§~; g
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#l~~fi.ii;@'lil lwP! ~ililmalss!l
(D) Comprehensive ground water monitoring data and an
evaluation of the ground water remedy implemented, along with
any other remediation actions performed which enhanced or
affected this remedy. The monitoring data and performance
evaluation shall demonstrate, using an appropriate engineering
and statistical analysis, that the ground water remedy has
been operating for a sufficiently long period of time, as
determined by EPA, to permit a reliable analysis of its
performance and its ability to achieve Performance Standards.
The petition shall also demonstrate that the remedy has been
designed, constructed, and operated in a manner which is
consistent with the RD/RA Workplan and the conceptual models
for site contamination, and that the system has been modified
or enhanced to the extent practicable to optimize its
performance in an effort to attain the Performance Standards.
(HE) A description of the conceptual model for site
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contamina!ion, including geologic, hydrogeologic, and
geochemical characterizations. A description of the
distribution; characteristics; migration, potential migration
and fate; and quantities of contaminants present at the site.
These descriptions shall incorporate pertinent data obtained
during the design construction, and operation of the remedial
system, as well as information obtained during previous site
characterization efforts.
(BJjj) An analysis of the performance of the ground water
remedy which describes the spatial and temporal trends in
ground water contaminant concentrations within the ground
w·ater plume; for example, whether contaminant migration has
been effectively prevented·, as well as any reductions,
changes, or §i!Wi$;$Jl;~ey~~Ql,1§ in the overall size or location of
the ground water plume, or :l;#\¢#'\ml@P:~~~ decreases in
contaminant concentrations. The petition shall discuss the
hydrogeochemical factors which influence the remedy's ability
to achieve the Performance Standards, and demonstrate how
these factors inhibit the remedial system achieving the
Performance Standards.
(Fg) The mass of contaminants removed from the ground
water by the remedial system, and an estimate of the mass of
contaminants remaining, including the degree of uncertainty
involved in this estimate.
(Ggl A demonstration, including appropriate engineering
analysis, that other conventional or innovative technologies
which are potentially applicable at the Site cannot attain the
Performance Standards in a manner that is practicable from an
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engineering perspective. This demonstration should include a
prediction of the level of cleanup other technologies can
attain.
(H~'f) A predictive analysis of the approximate time frame
required to achieve the Performance Standards with the
eJEistiE.§J ground water remedy §ggQ'i!~w@:slfhnlwflg 1~1?:/l!, and any
alternative remedial strategies, if applicable, using methods
appropriate for the data and the site-specific conditions';Pfflli/i!
Eg~] ~§ :~,~~i,m~\;!€$ l?~::1~ug;;ssi1mi:s,~ m1a~1R§m!l'§.x@'i!il\is~~ffi§%1:~,nlrJ1~
Rm?Ifil'i§ l!¥nitilaW\pg;/m~lthtl¼ij if//ililg/;t~pj~ llfiif/p§(gggg;/ii~; )@pJ;~q@wng
£8fl§Wm2tiw2i~li!ili2i!i!ffiBB:G~e m&BBininsiff£ii!i: . Su ch ana 1 ys es
ai:ides£:ilina£€s should also address the uncertainty inherent in
these predictions.
(±g') For the implemented remedy and for any alternative
remedial strategies proposed as part of this petition,
identification of the potential pathways by which humans and
the environment are or may become exposed to the contaminated
ground water left in place. Contaminant concentration and
other data needed for EPA to perform risk analyses shall be
provided as part of the petition.
(Jl(;) A description of the proposed alternative remedial
strategy, or a comparison of two or more strategy options,
proposed to be implemented by the Settling Defendant if a
waiver is granted, and the level of cleanup and control of
hazardous substances, pollutants, and contaminants the
proposed alternative strategy or strategies will attain.
Alternative remedial strategies must attain a level of cleanup
and control of further releases which ensure protection of
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human health and the environment, and prevent further
migration of contaminated ground water. Alternative remedial
strategies may include the establishment of alternative
Performance Standards, site-specific cleanup levels, and other
alternative remediation requirements to ensure protectiveness.
Proposed modifications to the existing remedy, and any
additional response actions proposed to be undertaken, shall
be described by the Settling Defendant in detail. EPA will
make the final determination regarding the components of the
alternative remedial strategy which shall be implemented at
the Site by the Settling Defendant.
(~) A description of any additional ground water
monitoring required to verify compliance with the alternative
Performance Standards or remedial requirements. EPA will make
the final determination regarding the scope of the ground
water monitoring requirements under the alternative remedial
strategy ..
(~) Other information or analyses not included above,
but which Settling Defendant or EPA considers appropriate to
making a determination on the petition.
2. Upon receipt of all information required by the previous
Paragraph, EPA will review and consider the information in the
petition and any other relevant information. Tfi.½si.iproifif;i~:iQ'p;qi:}a
s~§tii;i.;s§~fjj):imi?rt~s§A§%§Aili'.:i§y\ip~p:i];;:i§a1ii~!i~~f;i.\n§f5i½EP~iii:J-'.Jf.Iiii?§SI?9B~i1{§%"
~~~~SB :i§: f;}RXi Ef;}½ ~BX\ 8!?1:ig%s£§n s~• Ph½,.• $/'i\;sl:in§'Ri§@~P:~ffi.#\:%9#!'i~f
t;fi.:i§ C§i:ii)Jin\: t'i½ii:if\:i½i After opportunity for review and comment by
the state, EPA will determine (1) whether compliance with any of
the Performance Standards shall be waived; (2) what, .if any,
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alternative remediation requirements, including alternative
Performance Standards and other protective measures, will be
established by EPA; (3) whether modifications to the ground water
portion of the remedial action or any additional response actions
relating to ground water contaminationurJ~pqJ;µd\ti~g:llfill.9.'.;!Jiil!ilfl'..p~li(w,i§
ililiBWBffiflBii~B)§is'§i!;sa)i~I;e!lI[1!ii!BUll. are required; and ( 4) whether
revised interim milestone and completion dates are needed for
attainment of Performance Standards or alternative Performance.
Standards under this Consent Decree. EPA's determination on the
petition will be consistent with the National Contingency Plan
(NCP), Section 12l(d) of CERCLA, and any other applicable laws,
regulations, and guidance in effect at the time. $gb#~;l;,tjg'
R@~~niinI!l i!:xliwuxe!§~ ~ll~ l?BSS@Hiil~i!!i@Elliil~RFEitlwul §iEBWi9BJi~IP
1it1Aw~t1µ!tifi:f ;~~§9+\4~&lAPlt EB fl:i!i~l?\;!ffi3; §E~] § I1H§;tj~~sw§.p;i.!B'!f:MW:U!ii
R@Ei!i!l:wen~:11Hai@¥§BiI ffiBii?sii[i!ien !§ll!!Bfi3]!lli.2iEiiE!wie±l!lw.2!
2¥89fl~REfl§ §.ti~~~ !BBB :i:isB!ni:!iili§bJiui;lii!I;,i~s.itwai mtiilw!i~
8l?~i!i!E§i!i§u 8.~ 8!13 .§i!lB~i!iniil! 1!i~in~~R!~3Ei E~;§I!@enl'3rrBIBfi:sEiil\
3. If EPA, after a reasonable opportunity for review and
comment by the State, grants any petition or other relief
pursuant to this Section, that decision wtt± ~/ii; be reflected in
a post-ROD decision document, as required by the NCP. If
modification of this Consent Decree or the Statement of Work
attached as Appendix B to this Consent Decree is required to
implement EPA's decision, such modification sl:§'W~P~ will be
filed and, if neeessary, Court approval will be sougll.t in
accordance with Section XXXI of this Consent Decree
("Modification").
4. Upon issuance of EPA's post-ROD decision document, '!!#
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A?9e'~f#lM#Mifl and @;i!;i,:g~~q@B'.3/PP. filin~ of the revised Statement of
Work and Consent Decree with the Ceurt and, if necessary,
issuanee ef a eeurt erder apprevin~ the medifieatien, Settling
Defendant shall implementij@la'$ $~'.i!ecB~a pylM~ifffi®any, ffie
modifications seleeted hy EPA to the ground water portion of the
remedial action or B additional response actions relating to
ground water contamination BB, and achieve and maintain all
Performance Standards, alternative Performance Standards, and
remediation requirements established pursuant to this Section.
Unless expressly modified by EPA's decision on the petition
submitted hereunder, all requirements of this Consent Decree,
including Settling Defendant's obligation to achieve the
alternative Performance Standards and to conduct long-term ground
water monitoring, shall continue in force and effect.
14. Modification of the SOW or Related Work Plans.
a. If EPA determines that modification to the work
specified in the li!efi!@nt:llB~Sil@I~'I Bh~iB8i1):jliij3 sow ane-for in work
plans developed pursuant to the SOW is necessary to achieve and
maintain the Performance Standards or to carry out and maintain
the effectiveness of the remedy set forth in the ROD, EPA may
require that.such modification be incorporated in the SOW and/or
such work plans. Provided, however, that a modification may only
be required pursuant to this Paragraph to the extent that it is
consistent with the scope of the remedy selected in the ROD.
b. For the purposes of this Paragraph 14. and Paragraphs
?9fr 49 and 50 only, the "scope of the remedy selected in the ROD"
is:
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smp,qset®mppiili&m~ri't ,,a/:1eam~£:F~P:t@tG$VSUh$#tl((!l ni:#l;l
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v'. I s§niBEM9,B¥8ll lj,gl;piji:!l§@e.B!I!R~ ;,iri ~?:qfsftµ
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§F!F%Il2¼Ugill 91%:il:H±isis IA,B¼:Yiri~ $@£888 !~PE th~
~WR iisiWRRWBi iet!t?Wii@§J i lmfisill! l§Ef~!a]~g§
g;i;:q§§j~i i ~1; #li@~@illil/iiFMJ lfili1tl\£ 12iF@BE~li£fiH\~n§
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Ph~ 2§ itJV:l?i%ffi'.B@ n~§iii@E¥ 1;9: ~fmwB Hf/§\ §,t area!iV
;f;ny§fx§4i1n tn§!;;~fuiiiiJi.aJl %'s§j,i§#i
· ,ti.±:i>, a¢q¥si.2na~ iim2~1%ni:i. a\!! ii?~si!&ii'is in che Roo
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j;~/4J!i~~'lli$c9,}i;~ Ig#f}S!
fxii + nfupa_~~J!s~#qjgp:i'I .i:l@nJ:1;ti@';;!,t;:.gµJ1&W?,J';§i\t1J:1;J~·fl'-m!\~t'I
~,I:y~tfi;Jml mJ/!::H Ei1?1¥litiiif P~:ij\~neJ;;tt;!!,~i,g_o/,'$~frn~¢aJ~$!@:Ji
wnq~µµ.ifqsi~,;il.9¢,:11,pI1l~nfa§L9~ltP,WPP?f!:19'.i\:gJ
&:n44vxau:am1rwea:;i;$1;;i ail;,1:1~.##i'?,£iion:, 0:~1irvWliii~#sW1r gwJJsr4
l:i¥lml?.™ms 1§)m~miii!$~\;i!Ww~!R:i2ttte~11?!1a .. ,gm1wm@i
~#~~s¥ii,2!1'1~§!™~Ji1CIJ
c. If Settling Defendant objects to any modification
determined by EPA to be necessary pursuant to this Paragraph, it
may seek dispute resolution pursuant to Section XIX (Dispute
Resolution), Paragraph 67 (record review). The SOW and/or
related work plans shall be modified in accordance with final
resolution of the dispute .
d. Settling Defendant shall implement any work required
by any modifications incorporated in the SOW and/or in work plans
developed pursuant to the SOW in accordance with this Paragraph.
e. Nothing in this Paragraph shall be construed to
limit EPA's authority to require performance of further response
actions as otherwise provided in this Consent Decree.
15. Settling Defendant acknowledges and agrees that nothing
in this Consent Decree, the SOW, or the Remedial Design or
Remedial Action Work Plans constitutes a warranty or
representation of any kind by Plaintiff that compliance with the
work requirements set forth in the SOW and-the Work Plans will
achieve the Performance Standards.
16. Settling Defendant shall, prior to any off-Site shipment
of Waste Material from the Site to an out-of-state waste
management facility £85 §!l¼I?ffi~Bt§ j;~g\f~;:p~q PHR~.4~Bij)j:i§ fl'ii:\
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§9B§*R~P~el-il, provide written notification to the appropriate
state environmental official in the receiving facility's state
and to the EPA Project Coordinator of such shipment of Waste
Material. However, this notification requirement shall not apply
to any off-Site shipments when the total volume of all such
shipments will not exceed 10 cubic yards.
a. The Settling Defendant shall include in the written
notification the following information, where available: (1) the
name and location of the facility to which the Waste Material are
to be shipped; (2) the type and quantity of the Waste Material to
be shipped; (3) the expected schedule for the shipment of the
waste Material; and (4) the method of transportation. The
Settling Defendant shall notify the state in which the planned
receiving facility is located of major changes in the shipment
plan, such as a decision to ship the Waste Material to another
facility within the same state, or to a facility in another
state.
b. The identity of the receiving facility and state will
be determined by the Settling Defendant following the award of
the contract for Remedial Action construction. The Settling
Defendant shall provide the information required by Paragraph
16.a as soon as practicable after the award of the contract and
before the Waste Material is actually shipped.
VII. REMEDY REVIEW
17. Periodic Review. Settling Defendant shall conduct any
studies and investigations as requested by EPA, in order to
permit EPA to conduct reviews of whether the Remedial Action is
protective of human health and the environment at least every
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five years a~ required by Section 12l(c) of CERCLA and any
applicable regulations.
18. EPA Selection of Further Response Actions. If EPA
determines, at any time, that the Remedial Action is not
protective of human health and the environment, EPA may select
further response actions for the Site in accordance with the
requirements of CERCLA and the NCP.
19. Opportunity To Comment. Settling Defendant and, if
required by Sections 113(k) (2) or 117 of CERCLA, the public, will
be provided with an opportunity to comment on any further
response actions proposed by EPA as a result of the review
conducted pursuant to Section 12l(c) of CERCLA and to submit
written comments for the record during the comment period.
20. Settling Defendant's Obligation To Perform Further
Response Actions. If EPA selects further response actions for
the Site, the Settling Defendant shall undertake such further
response actions to the extent that the reopener conditions in
Paragraph 82 or Paragraph 83 (United States' reservations of
liability based on unknown conditions or new information) are
sat is f i ed ?B9'il!)'i%# !f;fi!ii'i $µ;#pg§$; 'jz§'§PQA?¾ !@(§f giqgi;i f!]p~: #§#%!!/@~i#n#
i1finifsfi~It,i.s.si?¥!l s@l §niIIilimiexitii'1/:$s!R@lwI wutC!?ifl~!;:B!?P . set t 1 in g
Defendant may invoke the procedures set forth in Section XIX
(Dispute Resolution) to dispute (1) EPA's determination that the
reopener conditions of Paragraph 82 or Paragraph 83 of Section
XXI ( Covenants Not To Sue by Plaintiff) are satisfied $$ j:ifiat t;l:ii?
fRES&i~E §§iBBRilii:~ss;rJstii ~¥;gI)E'8B§ffiiBgin~ !,~Btiisag @s§i:l~ 2! Bagi
£3ID§§Q'i~%+~s§½g)\;i,h sn½JE§?B, (2) EPA' s determination that the
Remedial Action is not protective of human health and the
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environment, or (3) EPA's selection of the further response
actions. Disputes pertaining to whether the Remedial Action is
protective or to EPA's selection of further response actions
shall be resolved pursuant to Paragraph 67 (record review).
21. Submissions of Plans. If Settling Defendant is required
to perform the further response actions pursuant to Paragraph 20,
it shall submit a plan for such work to EPA for approval in
accordance with the procedures set forth in Section VI
(Performance of the Work by Settling Defendant) and shall
implement the plan approved by EPA in accordance with the
provisions of this Decree.
VIII. QUALITY ASSURANCE, SAMPLING, and DATA ANALYSIS
22. Settling Defendant shall use quality assurance, quality
control, and chain of custody procedures for all samples in
accordance with "EPA Requirements for Quality Assurance Project
Plans for Environmental Data Operation," (EPA QA/RS); "Preparing
Perfect Project Plans, II (EPA / 600 /9 -B-B-§g/ 08 7) , !m\??'.J:S :9~7Ii!ll'&;
8RJ3S~¼¥i! ERR83§§\ R8E:)!§H~F£PRS i!intiiiillmi,~PHl£I @H¼§ins~JJj
tf~gl\]4§~9A§r~~n2'/l~!;I and subsequent amendments to such guidelines
upon notification by EPA to Settling Defendant!{t:g£8Q~S!;.
¢§9);'9,~µi).j:jqp of such amendment. Amended guidelines shall apply
only to procedures conducted after such notification. Prior to
the commencement of any monitoring project under this Consent
Decree, Settling Defendant shall submit to EPA for approval,
after a reasonable opportunity for review and comment by the
State, a Quality Assurance Project Plan ("QAPP") that is
consistent with the SOW, the NCP and applicable[;!;q~p'.!;';g/Jffji;l
guidance documents. If relevant to the proceeding, the Parties
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agree that validated sampling data generated in accordance with
the QAPP(s) and reviewed and approved by EPA shall be admissible
as evidence, without objection, in any proceeding under this
Decree. Settling Defendant shall ensure that EPA personnel and
its authorized representatives are allowed access at reasonable
·times to all laboratories utilized by Settling Defendant in
implementing this Consent Decree. In addition, Settling
Defendant shall ensure that such laboratories shall analyze all
samples submitted by EPA pursuant to the QAPP for quality
assurance monitoring. Settling Defendant shall ensure that the
laboratories it utilizes for the analysis of samples taken
pursuant to this Decree perform all analyses according to
accepted EPA methods. Accepted EPA methods consist of those
methods which are documented in the "Contract Lab Program
Statement of Work for Inorganic Analysis" and the "Contract Lab
Program Statement of Work for Organic Analysis," dated February
1988, and any amendments made thereto during the course of the
implementation of this Decree. Settling Defendant shall ensure
that all laboratories it uses for analysis of samples taken
pursuant to this Consent Decree pa~ticipate in an EPA or EPA-
equivalent QA/QC program. Settling Defendant shall ensure that
all field methodologies utilized in collecting samples for
subsequent analysis pursuant to this Decree will be conducted in
accordance with the procedures set forth in the QAPP approved by
EPA.
23. Upon request, the Settling Defendant shall allow split or
duplicate samples to be taken by EPA or its authorized
representatives. Settling Defendant shall notify EPA not less
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than 3~ days in advance of any sample collection activity unless
shorter notice is agreed to by EPA. In addition, EPA shall have
the right to take any additional samples that.EPA dee~
necessary. Upon request, EPA shall allow the Settling Defendant
to take split or duplicate samples of any samples it takes as
part of the Plaintiff's oversight of the Settling Defendant's
implementation of the Work.
2 4 • tl;J3 1ill~!l~~§£n~ I~l?T!)p/;f.~j ¥/!19U~~e~M$pj! l)p~~rr~~~i ¢Pi :E!.~~~)\N¥£efi/p
£@sf%filxgiu§J th~ l'il,§i;x~w,si,'i;fa~§ft ;vii!m!~~~,&;I¥ii ¥\¾\F~fiEfl'Pch ;g~;; sett 1 i ng
Defendant shall submit to EPA 3 copies of the j!j!Ictl results of all i~-::;:·:·:·:·:;::::>:·:·:·
sampling and/or tests or other data obtained or generated by or
on behalf of Settling Defendant with respect to the Site and/or
the implementation of this Consent Decree unless EPA agrees
otherwise.
25. Notwithstanding any provision of this Consent Decree, the
United States hereby retains all of its information gathering and
inspection authorities and rights, including enforcement actions
related _thereto, under CERCLA, RCRA and any other applicable
statutes or regulations.
IX. ACCESS AND INSTITUTIONAL CONTROLS
Commencing upon the date of lodging of this Consent 0 Decree, the Settling Defendant agreei to provide the United
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States and its representatives, including EPA and its
contractors, access at all reasonable times to the 84-ee GE
SuOi;:iiiei and any other property to which access is required for ·-:-:-:-:-:.:-:.:-:.:-:❖:•!❖:·:-:❖:c❖:•:-:-
the implementation of this Consent Decree, to the extent access
to the property is controlled by Settling Defendant, for the
purposes of conducting any activity related to this Consent
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Decree inclu~ing, but not limited to:
a-.-(@)i Monitoring the Work;
e.,:{g):• Verifying any data or information submitted to the
United States;
e-:-{~Ji Conducting investigations relating to
contamination at or near the Site;
~{~Ji Obtaining samples;
e---.-'1$% Assessing the need for, planning, or implementing
additional response actions at or near the Site;
H{S!\: Inspecting and copying records, operating logs, .:,;,;,:,=:❖:-·.·,.
contracts, or other documents maintained or generated by Settling
Defendant or its agents, consistent with Section XXIV; and
~{fjj Assessing Settling Defendant's compliance with
this Consent Decree.
tJN: ¢ri ~!11;1n!:i@Y~~g __ §t gg§·:§iPYl§P§~snw!\I2@1I$,ili;11i;Jli!i#.s
Riiie:~ns! §! li+~gasisaea ai isJa!i! lai!B l!s s!;l;!i!!i~I§se.liwsiti ~E:~
~Sff@gi %2'. !siiE~w!e ii2m i!B@ii!\ag slassi!\ag[ s\:f!!i!i~Bisii?lilliR@i~
HBEi~iB~S BR BB~I leg;!\ im m~~: §i!\p!;!; ii!#B B~~ili@IBlllils iPiisswsi'l!§l ~#lg/
*P· tl;~s!i!~~~f;x;I §pi/fi,ql!~§; l~li-~¥Wi~'qp~i; PR±¥ l~~~g Qg•;•~~s§p§1:! wl:i$BB
F¾~;li ~~ fiy~$\ll@i!lili µp§n!&R/li!§: pgi:fil~i:l§1 : Wtii!i:lii1l'~?fil§.?i@ :i!n ii§ !#§;Y
1•±m±ts £E!!s~i:lm!sws§§ §E~li:l ~l'!:Biae;;i!\px •~ni\i A!?±~£:§x lBB 1%~!5@ i~•§P0P§_~
a:Et£BH 4B4§i;ti~m~•gQAii#iix spn\:l.~~i!§n§i; 1$R,lj; :#'~i~!:!11 t\$ i~~~:gµ•••·•••§j;~.
s§µf4!4¥ti;§Wfl'¥ ~Bx F9Bf ~1:)'~n§~~~ ~V:§f#@i:li:l ~?Pe~~~!?# F?P§1ii:l!i~~1J
Ff.§£ 1:9 l2i~!i!l-i l~!Ei§ ?! §\+l?P~EB J'.1 !liS12iit£:s!@n£t!W¥!ft¥ @P ijiJJii1!ii~~Ei
+.n#2~#£:§qi'(~g9;4f;j~q a@J~ /;;§'§µajp RF \§Q'..SP./ •. !=\BP%'¥!
27. To the extent that the Site or any other property to
which access is required for the implementation of this Consent
Decree is owned or controlled by persons other than Settling
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Defendant, S~ttling Defendant shall use best efforts to secure
from such persons access for Settling Defendant, as well as for
the United States and its representatives, including, but not
limited to, its contractors, as necessary to effectuate this
Consent Decree.• For purposes of this Paragraph "best efforts"
includes the payment of reasonable sums of money in consideration
0 f a CC es s tl:I!l2!(~ii1I!Itii~J?.lie'~E.\1I!B§1lif ee.~I!;:lfia&!i¥1a2¼HS~Ii.fi481!f!f tB.i
filsifi~x ~AP &'(§:i;~~§@W12lil@i£§:ti§PP..M l;:wfi\~i$fi i\!1'lll&iw#f~1'¥)igP!l!Psilwli$:!litt!1@,!;Hl:§§9
:~§j ll:.:.enp;gg!J;gj~§il1J::l§¥ if±A¼ il%%\1§¥)l lisl):w§.Bmll~gb;;ei1),§ lt#~Ag, gli,!liBS~l v?f#ij;£~
R~i'P.RBiITP%i!I¥l ~W~&[~?i§i)!iaiiit %1£~ili~niisiel ~i~iil§~Ei. If any
access required to complete the Work is not obtained within 45
days of the date of lodging of this Consent Decree, or within 45
days of the date EPA notifies the Settling Defendant in writing
that additional access beyond that previously secured is
necessary, Settling Defendant shall promptly notify the United
States in writing, and shall include in that notification a
summary of the steps Settling Defendant have.J;il:!;a taken to attempt
to obtain access. The United States may, as it deems
appropriate, assist Settling Defendant in obtaining access.
Settling Defendant shall reimburse the United States, in
accordance with the procedures in Section XVI (Reimbursement of
Response Costs), for all costs incurred by the United States in
obtaining access:7
°while EPA intends to include access and deed restriction
provisions in any settlement with other Site property owners,
language referencing this intention is not appropriate in this CD
which relates to GE's conduct of the work.
7EPA is not willing to limit this language as GE has suggested.
Costs incurred by the United States in obtaining access are
response costs for which EPA believes GE may be liable.
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28. Notwithstanding any provision of this Consent Decree, the
United States retains all of its access authorities and rights,
including enforcement authorities related thereto, under CERCLA,
RCRA and any other applicable statute or regulations.
29. As a part of the remedy, EPA will be requiring
institutional controls. These ·controls include deed restrictions
of the Site property to protect the integrity and effectiveness
of the cap and consultation by the State with EPA prior to the
issuance of any well installation permits that may impact the
Site during the duration of the remedial design/remedial action.
X. REPORTING REQUIREMENTS
30. In addition to any other requirement of this Consent
Decree, Settling Defendant shall submit to EPA and the State
2 copies of written monthly progress reports that: (a) describe
the actions which have been taken toward achieving compliance
with this Consent Decree during the previous month; (bl include a
summary of all results of sampling and tests and all other data
received or generated by Settling Defendant or its contractors or
agents E~+iB3~ BBI§ffi~iil8aniiin~li~ffi9B in the previous month µqp
iihswHi!~ng ~nx,,Ef:!!3'.y)~J?~ gfia)llfi.I:l,l1'§!;lwTiws!i.@i!i es~il2~w~@i£WS!Mii\k'.@s!@§ ~!ii
§/'iffi'.i!# l:A~~ !?§; ~@~g!t~Ji i s£ittEe or: i!li:?g~Ji ~qyg~~p:g;, ?!).i):;.fi\'.iri'.i!#:i:~~ ; < c i
identify all work plans, plans and other deliverables required by
this Consent Decree completed and submitted during the previous
month; (d) describe all actions, including, but not limited to,
data collection and implementation of work plans, which are
scheduled for the next six weeks and provide other information
relating to the progress of construction, including, but not
limited to, critical path diagrams, Gantt charts and Pert charts;
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(e) include .. information regarding percentage of completion,
unresolved delays encountered or anticipated that may affect the
future schedule for implementation of the Work, and a description
of.efforts made to mitigate those delays or anticipated delays;
(f) include any modifications to the work plans or other
schedules that Settling Defendant has proposed to EPA or that
have been approved by EPA; and (g) describe all activities
undertaken in support of the Community Relations Plan during the
previous month and those to be undertaken in the next six weeks.
Settling Defendant shall submit these progress reports to EPA and
the State by the tenth day of every month following the lodging
of this Consent Decree until EPA notifies the Settling Defendant
pursuant to Paragraph 49.b of Section XIV (Certification of
Completion). If requested by EPA, Settling Defendant shall also
provide briefings for EPA to discuss the progress of the Work.
31. The Settling Defendant shall notify EPA of any change in
the schedule described in the monthly progress report for the
performance of any activity, including, but not limited to, data
collection and implementation of work plans, no later than seven
days prior to the performance of the activity.
32. Upon the occurrence of any event during performance of
the Work that Settling Defendant is required to report pursuant
to Section 103 of CERCLA or Section 304 of the Emergency Planning
and Community Right-to-know Act (EPCRA), Settling Defendant shall
within 24 hours of the onset of such event orally notify the EPA
Project Coordinator or the Alternate EPA Project Coordinator (in
the event of the unavailability of the EPA Project Coordinator),
or, in the event that neither the EPA Project Coordinator or
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Alternate EPA Project Coordinator is available, the Emergency
Response Section, Region 4, United States Environmental
Protection Agency. These reporting requirements are in addition
to the reporting required by CERCLA Section 103 or EPCRA Section
304.
33. Within 20 days of the onset of such an event, Settling
Defendant shall furnish to Plaintiff a written report Wi~!t!!{J?~[i~
Rt!?!f 1¥s;~1°:fJ9B¥slaiff?l!;§#i!:§!¥~NiiPPiM¼£B§'+Y;)!mt1'?m~'§W$li1i~¥@
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s i gn ed
by the Settling Defendant's Project Coordinator, setting forth
the events which occurred and the measures taken, and to be
taken, in response thereto. Within 30 days of the conclusion of
such an event, Settling Defendant shall submit a report setting
forth all actions taken in response thereto W!Y'.1¥!~~f§iJ,t;.g)ilwgjp
· ·w,ss.Iis5!,%B~£.g¥j)\I~ i,\pl~X¼BR§@M!i1¼1i!!mi;imia'llila§l)I/Jag~ ·
34. Settling Defendant shall submit·~ 1l copies, or a lesser
amount subsequently determined by EPA, of all plans, reports, and.
data required by the SOW, the Remedial Design Work Plan, the
Remedial Action Work Plan, or any other approved plans to EPA in
accordance with the schedules set forth in such plans. Settling
Defendant shall simultaneously submit 5 copies of all such plans,
reports and data to the State.
35. All reports and other documents submitted by Settling
Defendant to EPA (other than the monthly progress reports
referred to above) which purport to document Settling Defendant's
compliance with the terms of this Consent Decree shall be signed
by an authorized representative of the Settling Defendant.
XI. EPA APPROVAL OF PLANS AND OTHER SUBMISSIONS
36. After review of any plan, report or other item which is
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required to J;1_e submitted for approval pursuant to this Consent
Decree, EPA, after reasonable opportunity for review and comment
by the State, shall: (a) approve, in whole or in part, the
submission; (b) approve the submission upon specified conditions;
(c) modify the submission to cure the deficiencies; (d)
disapprove, in whole or in part, the submission, directing that
the Settling Defendant modify. the submission; or (e)-any
combination of the above. However, EPA shall not modify a
submission without first providing Settling Defendant at least
one notice of deficiency and an opportunity to cure within 30
days, except where to do so wou_ld cause serious disruption to the
Work or where previous submission(s) have been disapproved due to
material defects and the deficiencies in the submission under
consideration indicate a bad faith lack of effort to submit an
acceptable deliverable.
37. In the event of approval, approval upon conditions, or
modification by EPA, pursuant to Paragraph 35 16'.(a), (b), or (c),
Settling Defendant shall proceed to take any action required by
the plan, report, or other item, as approved or modified by EPA
subject only to its right to invoke the Dispute Resolution
procedures set forth in Section XIX (Dispute Resolution) with
respect to the modifications-or conditions made by EPA. In the
event that EPA modifies the submission to cure the deficiencies
pursuant to Paragraph 35 ?.Ji. ( c) and the submission has a material
defect, EPA retains its right to seek stipulated penalties, as
provided in Section XX (Stipulated Penalties).
38. a. ·upon receipt of a notice of disapproval pursuant to
Paragraph 36(d), Settling Defendant shall, within -:l,-4-_~g days or
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such longer_!_ime as spec::ified by EPA in such notice, correct the
deficiencies and resubmit the plan, report, or other item for
I approval. Any stipulated penalties applicable to the submission,
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as provided in Section XX, shall accrue duririg the H -~li~day
period or otherwise specified period but shall not be payable
unless the resubmission is disapproved or modified due to a
material defect as provided in Paragraphs 39 artd 40.
b. Notwithstanding the receipt of a notice of disapproval
pursuant to Paragraph 36(d), Settling Defendant shall proceed, at
the direction of EPA, to take any action required by any non-
deficient portion of the submission. Implementation of any non-
deficient portion of a submission shall not relieve Settling
Defendant of any liability for stipulated penalties under Section
XX (Stipulated Penalties).
39. In the event that a resubmitted plan, report or other
item, or portion thereof, is disapproved by EPA, EPA may again
require the Settling Defendant to correct the deficiencies, in
accordance with the preceding Paragraphs. EPA also retains the
right to modify or develop the plan, report or other item.
ffijJBP.~ffini §3\lli!;lmB BiBifv'@LIP.fie' iffiwiis lBa lilffim;flB! lm¥i ~~~ i~§j;
4RRBR~~f' Settling Defendant shall
implement any such plan,_ report, or item as modified or developed
by EPA, subject only to its right to invoke the procedures set
forth in Section XIX (Dispute Resolution).
40. If upon resubmission, a plan, report, or item is
disapproved or modified by EPA due to a material defect, Settling
Defendant shall be deemed to have failed to submit such plan,
report, or item timely and adequately unless the Settling
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Defendant imrokes the dispute resolution procedures set forth in
Section XIX (Dispute Resolution) and EPA's action is overturned
pursuant to that Section. The provisions of Section XIX (Dispute
Resolution) and Section XX (Stipulated Penalties) shall govern
the implementation of the Work and .accrual and payment of any
stipulated penalties during Dispute Resolution. If EPA's
disapproval or modification is upheld, stipulated penalties shall
accrue for such violation from the date on which the initial
submission was originally required, as provided in Section XX.
41. All plans, reports, and other items required to be
submitted to EPA under this Consent Decree shall, upon approval
or modification by EPA, be enforceable under this Consent Decree.
In the event EPA approves or modifies a portion of a plan,
report, or other item required to be submitted to EPA under this
Consent Decree, the approved or modified portion shall be
enforceable under this Consent Decree.
XII. PROJECT COORDINATORS
42. Within 20 days of lodging this Consent Decree, Settling
Defendant and EPA will notify each other, in writing, of the
name, address and telephone number of their respective designated
Project Coordinators and Alternate Project Coordinators. If a
Project Coordinator or Alternate Project Coordinator initially
designat~d is changed, the identity of the successor will be
given to the other Parties at least 5 working days before the
changes occur, unless impracticable, but in no ev·ent later than
the actual day the change is made. The Settling Defendant's
Project Coordinator shall be subject to disapproval by EPA and
shall have the technical expertise sufficient to adequately
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oversee all aspects of the Work. The Settling Defendant's
Project Coordinator shall not be an attorney for any of the
Settling Defendant in this matter. He or she may assign other
representatives, including other contractors, to serve as a Site
representative for oversight of performance of daily operations
·during remedial activities.
43. Plaintiff may designate other representatives, including,
but not limited to, EPA employees, and federal contractors and
consultants, to observe and monitor the progress of any activity
undertaken pursuant to this Consent Decree. EPA's Project
Coordinator and Alternate Project Coordinator shall have the
authority lawfully vested in a Remedial Project Manager (RPM) and
an On-Scene Coordinator (OSC) by the National Contingency Plan,
40 C.F.R. Part 300. In addition, EPA's Project Coordinator or
Alternate P~oject Coordinator shall have authority, consistent
with the National Contingency Plan, to halt any Work required by
this Consent Decree and to take any necessary response action
whens/he determines that conditions at the Site constitute an
emergency situation or may present an immediate threat to public
health or welfare or the environment due to release or threatened
release of Waste Material. W~t~''w2Pls %~ fl!'!:%£~~ p'q:i;~i+%nB lio this
§~SSffi8Bi §~BB~?iP.9' Pi:i@f!#~tfn~; mix :1r~~~ ir~J!ffi~@ B£5!3f 1~3SB~8R xv:ttI
(fqi;J;¢ f;j~jj 3¼£3);
44. EPA' s Project Coordi.nator and the Settling Defendant's
Project Coordinator will meet pf[q\;J;j.e~¥iii¢ 4J/$¢iii3$ :gj\'§{(S~~§, at a
minimum, on a monthly basis ~~BR~E~BR,35§9H8£2¥ t;$~ei5fi§ri3.
XIII. ASSURANCE OF ABILITY TO COMPLETE WORK
45. Within 30 days of entry of this Consent Decree, Settling
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Defendant shall establish and maintain financial security in the
amount of $658,888 ;:;•j~e;i:))QOJ! in one or more of the following
forms:
(a) A surety bond guaranteeing performance of the Work;
(b) One or more irrevocable letters of credit equalling
the total estimated cost of the Work;
(c) A trust fund;
(d) A guarantee to perform the Work by one or more parent
corporations or subsidiaries, or by one or more unrelated
corporations that have a substantial business relationship with
at least one of the Settling Defendant; er,
(e) A demonstration that one or more of the Settling
Defendant satisfy the requirements of 40 C.F.R. Part 264.143(f)ij,[
•gj;j
f~J. ;~n¢~£~~~.•!lffii!ns*~™I:I*i!l.:2S1a· : r> w 1a~@:wii. ••••110
clj~i:;§m\i:t:ntr ~aiR l:l~s~illffiai ;r4~1~n~imi Iaixi 11.1;1~wsi;inBt ~iiijwi
i:iyilf:ii+~B1!~ !iii?; l?~,i;~§~ 13!:l~ :~§¥:ti:!!
46. If the Settling Defendant seeki;i to demonstrate the
ability to complete the Work through a guarantee by a third party
pursuant to Paragraph 45(d) of this Consent Decree, Settling
Defendant shall demonstrate that the guarantor satisfies the
requirements of 40 C.F.R. Part 264.143(f). If Settling Defendant
seeks to demonstrate ability to complete the Work by means of the
financial test, er the corporate guarantee{ qzj)•fgµE!:gi,3'.;J, f}p.ij'.iic:iia.l
&£#8.E.~S.¥3\:l pursuant to Paragraph 45 (d) /i er (e) , it shall
resubmit ~!i;j;J:l~g the sworn statements conveying the information
required by 40 C.F.R. Part 264.143(f) gp§fi!ilif#!';/#p#if~fff:i/1?,a.#qi!a.cJ,
i!i:i(§p\\aj::i!§i:i annually' \'{gf!!shi'ix~& ¾~ a.pg~fs~~Jil BB Sh~ mia.!i~Is!:l§~i@q
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~yI!s€tiBlli£h,qffDet:e'i#1aHi;$f on the anniversary of the effective date
of this Consent Decree. In the event that EPA determines at any
time that the financial assurances provided pursuant to this
Section are inadequate, Settling Defendant shall, within 30 days
of receipt of notice of EPA's determination, obtain and present
to EPA for approval one of the other forms of financial assurance
listed in Paragraph 45 of this Consent Decree. Settling
Defendant's inability to demonstrate financial ability to
complete the Work shall not excuse performance of any activities
required under this Consent Decree.
47. If Settling Defendant can show that the estimated cost to
complete the remaining Work has diminished below the amount set
forth in Paragraph 45 above after entry of this Consent Decree,
Settling Defendant may, on any anniversary date of entry of this
Consent Decree, or at any other time agreed to by the Parties,
reduce the amount of the financial security provided under this
Section to the estimated cost of the remaining work to be
performed. Settling Defendant shall submit a proposal for such
reduction to EPA, in accordance with the requirements of this
Section, and may reduce the amount of the security upon approval
by EPA. In the event of a dispute, Settling Defendant may reduce
the amount of the security in accordance with the final
administrative or judicial decision resolving the dispute.
48. Settling Defendant may change the form of financial
assurance provided under this Section at any time, upon notice to
and approval by EPA, provided that the new form of assurance
meets the requirements of this Section. In the event. of a
dispute, Settling Defendant may change the form of the financial
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assurance onJ.y in accordance with the final administrative or
judicial decision resolving the dispute.
XIV. CERTIFICATION OF COMPLETION
49. Completion of the Remedial Action8
a. Within 90 days after Settling Defendant concludes
that the Remedial Action has been fully performed and the
Performance Standards have been attained, Settling Defendant
shall schedule and conduct a pre-certification inspection to be
attended by Settling Defendant and EPA. If, after the pre-
certification inspection, the Settling Defendant still believes
that the Remedial Action has been fully performed and the
Performance Standards have been attained, it shall submit a
written report requesting certification to EPA for approval, with
a copy to the State, pursuant to Section XI (EPA Approval of
Plans and Other Submissions) within 30 days of the inspection.
In the report, a registered professional engineer and the
Settling Defendant's Project Coordinator shall state that the
Remedial Action has been completed in full satisfaction of the
requirements of this Consenc Decree. The written report shall
include as-built drawings signed and stamped by a professional
engineer. The report shall contain the following statement,
signed by a responsible corporate official of a Settling
Defendant or the Settling Defendant's Project Coordinator:
"To the best of my knowledge, after thorough investigation,
8EPA remains unwilling to make the fundamental change to this
provision requested by GE. GE had suggested that other Region IV
decrees had incorporated this change (specifically North Hollywood
and Petroleum Products). In fact, these decrees each contained
only one Certificate of Compl.etion, which are obtainable after all
site Work is completed.
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I certify-that the information contained in or accompanying
this submission is true, accurate and complete. I am aware
that there are significant penalties for submitting false
information, including the possibility of fine and
imprisonment for knowing violations."
iniB!J:il i¥iiB !Rilfl!;i±i!l!ii!IK~l.?Ei1!Ixi1ll!il'.ls¼,§i'mlillllilll~l!infilllmli§
w:ri!!i!n~n gg B~Y§f I !Bni 1£@R18¼~%E;~wgR) lel!:i§WtffM±@E¼RBi'liE! [Rlg[j'g~mis~!W
j\g~;!;qfi !$tl~+wtt§©!l§§~mll!~ilB8liA~¾$;fl§l;!jiip)I};:~crisP@fl:li]~}j§~p.§jj?£\}g
P!ii#'@:fi§]'l!p;~ ~YillgF~PM~~,jl!iµqfii g%!l!;ll;pg;9J:l/l' \.m4gf;ff§i¥J;~it@:ii£~®1!, r f ,
after completion of the pre-certification inspection and receipt
and review of the written report, EPA, after reasonable
opportunity to ·review and comment by the State, determines that
the Remedial Action or any portion thereof has not been completed
in accordance with this Consent Decree or that the Performance
Standards have not been achieved, EPA will notify Settling
Defendant in writing of the activities that must be undertaken by
Settling Defendant pursuant to this Consent Decree to complete
the Remedial Action and achieve the Performance Standards.
Provided, however, that EPA may only require Settling Defendant
to perform such activities pursuant to this Paragraph to the
extent that such activities are consistent with the "scope of the
remedy selected in the ROD," as that term is defined in Paragraph
14.b. EPA will set forth in the notice a schedule for
performance of such activities consistent with the Consent Decree
and the sow or require the Settling Defendant to submit a
schedule to EPA for approval pursuant to Section XI (EPA Approval
I of Plans and Other Submissions). Settling Defendant shall
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perform all activities described in the notice in accordance with
the specifications and schedules established pursuant to this
Paragraph, subject to its right to invoke the dispute resolution
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procedures set forth in Section XIX (Dispute Resolution).
b. If EPA concludes, based on the initial or any
subsequent report requesting Certification of Completion and
after a reasonable opportunity for review and comment by the
State, that the Remedial Action has been performed in accordance
with this Consent Decree and that the Performance Standards have
been achieved, EPA will so certify in writing to Settling
Defendant. This certification shall constitute the Certification
of Completion of the Remedial Action for purposes of this Consent
Decree, including, but not limited to, Section XXI (Covenants Not
to Sue by Plaintiff). Certification of Completion of the
Remedial Action shall not affect Settling Defendant's obligations
under this Consent Decree.
50. Completion of the Work
a. Within 90 days after Settling Defendant concludes
that all phases of the Work (including O & M), have been fully
performed, Settling Defendant shall schedule and conduct a pre-
certification inspection to be attended by Settling Defendant and
EPA. If, after the pre-certification inspection, the Settling
Defendant still believes that the Work has been fully performed,
Settling Defendant shall submit a written report by a registered
professional engineer stating that the Work has been completed in
full satisfaction of the requirements of this Consent Decree.
The report shall contain the following statement, signed by a
responsible corporate official of a Settling Defendant or the
Settling Defendant's Project Coordinator:
"To the best of my knowledge, after thorough investigation,
I certify that the information contained in or accompanying
this submission is true, accurate and complete. I am aware
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that there are significant penalties for submitting false
information, including the possibility of fine and
imprisonment for knowing violations."
mi:@ £n\e §IY§ril:i ;$.R!:!;;: #@;¥$~i@2i::i!,12PmPY~'ngi;i ;@w§?PPt:2y;!;in&1+i Jµajf:!M;i;~R2;i;;r;
.w:~~ni!lfi ~Q Wi!Y@ 1 @h~f!Jg}ilf;PWfi~p.s@~gµ:;:2@:n@2mPW@P:!fgp; Ali :&f!'l;i{;~§t(i~/,l:?iif~
.l\:<::J:liqi/i ~fi!+illi'R~Ilst~:!w/gsl1ll:B!(UiM~i:H@nl1;fti/o~sfliq!~ l§~g£\l)ffiH9J
@/i\¥-1l¥n\:!~n1; !liY11~2iil!mm j§l[sali¼l§!l:~2,P,*2al1v!s\~!\Il1§,me~*ea 1f~~i If ,
after review of the written report, EPA, after reas.onable
opportunity to review and comment by the State, determines that
any portion of the Work has not been completed in accordance with
this Consent Decree, EPA will notify Settling Defendant in
writing of the activities that must be undertaken by Settling
Defendant pursuant to this Consent Decree to complete the Work.
Provided, however, that EPA may only require Settling Defendant
to perform such activities pursuant to this Paragraph to the
extent .that such activities are consistent with the "scc:ipe of the
remedy selected in the ROD," as'that term is defined in Paragraph
14.b. EPA will set forth in the notice a schedule for
performance of such activities consistent with the Consent Decree
and the SOW or require the Settling Defendant to submit a
schedule to EPA for approval pursuant to Section XI (EPA Approval
of Plans and Other Submissions). Settling Defendant shall
perform all activities described in the notice in accordance with
the specifications and schedules established therein, subject to
its right to invoke the dispute resolution procedures set forth
in Section XIX (Dispute Resolution).
b. If EPA concludes, based on the initial or any
subsequent request for Certification of Completion by Settling
Defendant and after a reasonable opportunity for review and
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comment by tEe State, that the Work has been performed in
accordance with this Consent Decree, EPA will so notify the
Settling Defendant in writing.
XV. EMERGENCY RESPONSE
51. In the event of any action or occurrence during the
performance of the Work which causes or threatens a release of
Waste Material from the Site that constitutes an emergency
situation or may present an immediate threat to public health or
welfare or the environment, Settling Defendant shall, subject to
Paragraph ½ §~,. immediately take all appropriate action to
prevent, abate, or minimize such release or threat of release,
and shall immediately i11~§;;§!e§I\1;[~§1R8§~ffiB~!!J notify the EPA' s
Project Coordinator, or, if the Project Coordinator is
unavailable, EPA's Alternate Project Coordinator. If neither of
.these persons is available, the Settling Defendant shall notify
the EPA Emergency Response Unit, Region 4. ;i;µjj$!i¼Sffi8Il!i'!38
s2mglliSfili€ii @WEll !Ritil @filiRiitlsxi E@§l'l8B§l\!li ii~hRF!!lii'i¼i3§i!i ~fi~ tm
9ASHFE@B8i !a~iI!a Ii:YiYR Bni@FilEfi~§ !;§/il8B¼2Yl!¥i :if~~B~si p§ IEE mx
~i:liss Bfi3Ilais!li!8¼1 §ij;I\! lsansiill?ili§!li sett 1 ing Defendant s hal 1 take
such actions in consultation with EPA's Project Coordinator or
other available authorized EPA officer and in accordance with all
applicable provisions of the. Heal th and Safety Plans, the
Contingency Plans, and any other applicable plans or documents
developed pursuant to the SOW. In the event that Settling
Defendant fails to take appropriate response action as required
by this Section, and EPA takes such action instead, Settling
Defendant shall reimburse EPA all costs of the response action
not inconsistent with the NCP pursuant to Section XVI
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(Reimburseme_!lt of Response costs) .
52. Nothing in the preceding Paragraph or in this Consent
Decree shall be deemed to limit any authority of the United
States a) to take all appropriate action to protect human health
and the environment or to prevent, abate, respond to, or minimize
,
an actual or threatened release of Waste Material on, at, or from
the Site, orb) to direct or order such action; or seek an order
from the Court, to protect human health and the environment or to
prevent, abate, respond to, or minimize an actual or threatened
release of Waste Material on, at, or from the Site, subject to
Section XXI (Covenants Not to Sue by Plaintiff).
XVI. REIMBURSEMENT OF RESPONSE COSTS
53. j!i~~F, t{*~J28'!i"~~f§g§!S~ Within 30 days of the effective date
· of this Consent Decree RE §3§i+WP,$ i?i~lniii~jl!i:1ili;llaiclill1Ie,!Ii
~3ef!i) ~BB'l131¥mfil! list i ilfiEEffii¼igJ §MBIE¥"!M1il lfeilf lfifi~¼SIE¼BH
S@SBY~,EMli!ni!Ilfsl%filiit: !§oci'§imi:t{§@!aEiltl R~B8%£~§~Ill!2!;lg,l;l!%1'i™!Rt:
Sf!£b~~*~p Is!?~slilE~RBEEi§:}i?i:li!lffiEB~Y3£lffi~ il!l~IE, Settling Defendant
shall pay to the tiEPA Hazardous Substance Superfuncij\\!
$1, 8 2 4 , 6 8 7 · 5 9 i&!l@:&!M1il !;Wiin~~~lf:!¥i §,R~ ;~i:liite@Himln~i1~ '~M B!tf!
&EiH§W~t:S@lt'.SiiBEB{i! , in reimbursement of Past Response Costs,
by FedWire Electronic Funds Transfer ("EFT" or wire transfer) to
the U.S. Department of Justice account in accordance with current
electronic funds transfer procedures, referencing U.S.A.O. file
number ______ the full Site name, EPA Region and Site/Spill
ID #04JG/04QC, and DOJ case number____ Payment shall be
made in accordance with instructions provided to the Settling
Defendant by the Financial Litigation Unit of the United States
Attorney's Office for the District of North Carolina following
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• 55 -
lodging of the Consent Decree. Any payments received by the
Department of Justice after 4:00 P.M. (Eastern Time) will be
credited on the next business day. Settling Defendant shall send
notice that such payment has been made!Wfilp~5/;l~~g;\;ggi!;):i~:~y~JiH§;@'.$
pJ;!ml\!1Illlc€?¥Iim¼eHll:~ii§!l/)~Zfil!l\¥~ IRl!B!RiA~lg~ to the United
States as specified in Section XXVI (Notices and Submissions) and
Kim Thu Dae Vu, BRfereemeRE Prejeet: MaRager, §e§B\S~SBX~B¥
§~212!1/2.ni@ni@il~) Waste Programs Branch, Waste Management Division,
EPA -Region IV, 345 Courtland St., N.E., Atlanta, Georgia
30365. Payments by EFT must be received at the DOJ lockbox bank
by 4:00 P.M. (Eastern Time) to be credited on that day.
54. ll'~~lffli~'R@~PRP~~@§t§Bfjj Settling Defendant shall
reimburse the EPA Hazardous Substance Superfund for all Future
Response Costs not inconsistent with the National Contingency
Plan. The United States will l\jp.~~~¾83':l!&a send Settling Defendant
a bill requiring payment that includes a SCORES Report on an
ann ua 1 bas is i ia§!~xlw/1 Ei2!~iE3i la ssI!i,el le:w±lH iiBiHI%'.~™%1%¾'1 §~isili!I/B$
.~l\!B~?~atnB QB ffiSil§a!ii!!liiii§!li§~l~~~B §affi!I@§nll\!nE@ie£i!. §i~@wi!i§:
P@·t~fitj,?,l;j;¢ !!ix': £!9H~§£ -£W.E%8 §BPF8F§!lii1lsssBID~§%!%BP wli:JN,it!
i;tciciimenBs ~Wl\!iw:4\i!fw ;g~§?PW~sg;i;l' w$!=in @h§ P9!lfa~i~$#§' /'!,•nql\!;:J;! 1
§fm!±f !;~p.g§Hil @!li!i\'11 sni!i)Eisfill\!~s•I Ii§~P!±¼Pii • R§#g/iq!i§ §A~±W.
estahlii~fi ~n ~~PF9W .. %¢!;ipµgfa $:i\}lgq§gi';i;l'~q·§tw$th •g~E~S:£~£11 $$I$n
Blii:iti:\mq\ip.t 8BlE89§~ SB§#~ !l?i b'.P:¥S.h~HPP8ES%P:.s'••· gqqµm/¥tl,B~fa$9n $§i.
f§9½§§/p3gj Settling Defendant shall make all payments p~ @±¥
2f35c$sEtor b'.P:ES.h ~HFR8BS?ins' e:§sm!!l¥ns[P£9a h~~ '.n2B le§~B •E~m±@~B3f!
within 30 days of Settling Defendant's receipt of each bill
requiring payment, except as otherwise provided in Paragraph 55.
t[xm.¥nt el %\m§j,jJ:fs~{ tP#i#fi•tclj @£~sft+s ·••·~y12i?2rstrs' i:12sMmgh§~sf2n
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ll).~$;~u&~i5.ttli~t#!~@:,e'%iii#J;.grJ~fi(!lJ)\$µppp¼;t,$tj,g
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The
Settling Defendant shall make all payments required by this
Paragraph in the form of a certified or cashier's check or checks
made payable to "EPA Hazardous Substance Superfund" and
referencing the full Site Name, EPA Region and Site/Spill ID
#04JG, the DOJ case number _____ , and the name and address
of the party making payment. The Settling Defendant shall send
the check(s) to the United States Environmental Protection
Agency, Region 4, Attention: Superfund Accounting, P.O. Box
100142, Atlanta, Georgia 30384 and shall send copies of the
c he ,:k < s J B3£iiiB3H9£Rijif'!ls~if:!iiRJi~lIBffi,&~it'.ftffiI~:t\;)IRl\!;~3
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z¥~iM@i1;£Wffii(!@J\fQ;1!/t§ to the United States as specified in Section XXVI (Notices and Submissions) and Kim '!'hu Dae Vu, Bnfereement:
Prej eet: Hana~er %9§5 R~8&¥,~~;;;s{i,q:St!!siil;ipfiffi~£, Waste Programs
Branch, Waste Management Division, EPA -Region IV, 345 Courtland
St., N.E., Atlanta, Georgia 30365.
55. Settling Defendant may contest payment of any Future
Response Costs under Paragraph 54 if it determines that the
United States has made an accounting error or if it alleges that a cost item that is included represents costs that are
inconsistent with the NCP. Such objection shall be made in
writing within 30 days of receipt of the bill 8B'l\£~SIY-3!B:~Sl, [e-mail]):a.B:iioii and must be sent to the United States
.,.,::;.:-:-: ... = ..• -:-::,-:.::-:-:-:·:-:-:-:-:·:-:-:,::,., .. ,, .. -:·:,:-:-,:·.:-:-:-:-:-:-:,:-,:»:•!:•>',•'.·'.'.<'.'··''''•:•:-:,.,,,:-,_::-:,:-:-:-:·:·::,:-;',;.:-:-:
pursuant to Section XXVI (Notices and Submissions). Any such
objection shall specifically identify the contested Future
Response Costs and the basis for objection. In the event of an objection, the Settling Defendant shall within the 30-day period
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• 57 -
pay all uncontested Future Response Costs to the United States in
the manner described in Paragraph 54. Simultaneously, the
Settling Defendant shall establish an interest-bearing escrow
account in a federally-insured bank duly chartered in the State
of North Carolina and remit to that escrow account funds
equivalent to the amount of the contested Future Response Costs
¥~: ~ egi;i!i/iiw gl;;J?,21mt1 ma;$ :l;!./iili'.Wa$r~gay''SeeAJ eg#@;ll±s1i~i1#:?PII~HJ#s~
c6sts. The Settling Defendant shall send to the United States, =::::::,:-:=:-:::=:-::;:,:::;:~;:;:;:
as provided in Section XXVI (Notices and Submissions), a copy of
the transmittal letter and check paying the uncontested Future
Response Costs, and a copy of the correspondence that establishes
and funds the escrow account, including, but not limited to,
information containing the identity of the bank and bank account
under which the escrow account is established as well as a bank
statement showing the initial balance of the escrow account.
Simultaneously with establishment of the escrow account, the
Settling Defendant shall initiate the Dispute Resolution
procedures in Section XIX (Dispute Resolution). If the United
States prevails in the dispute, within -5 ~g days of the
resolution of the dispute, the Settling Defendant shall pay the
sums due (with accrued interest) to the United States in the
manner described in Paragraph 54. If the Settling Defendant
prevails concerning any aspect of the contested costs, the
Settling Defendant shall pay that E~ffi~EllffiP.$ portion of the costs
(plus associated accrued interest) for which it did not prevail
to the United States in the manner described in Paragraph 54;
Settling Defendant shall be disbursed any balance of the escrow
account. Wlie *~sf!lyJf:i/ifii #iesl;i~iifsiris I/ii# Pei:i§:1/1/t~g 4+./iifiif(~§
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i;eg~i;&i:rig +!f#j, s~##t¥~riJiWJ¥l&'$tt<l!)m#}!$1:'iihm?Js4B±o~!!s<vr:e±m&'4Z:f':ffii\lif¥e
11ri±bedW$1tiite~h:fq~@!±tsW~i;\y)rii!HR.fa$P}iifi$e,i$olilt~Ks~1'1ljibe/ 4'fle ~
dispute resolution procedures set forth in this Paragraph in
conjunction with the procedures set forth in Section .XIX (Dispute
Resolution) shall be the mcelusive meehanisms for resolving
disputes regarding the Settling Defendant's obligation to
reimburse the United States for its Future Response Costs.
56. In the event that the payments required by Paragraph 5il-
§@lli~g~§~:\iE~§B,8B§;§ §p§.J;§;l; are not made within 38 days of the
effeetive date of this ConseBt Deeree or the paymeBts reEfUired by
in~ Paragraph ~ §~ilEHEHEi'l!ilinilll£eii:iJl are not made within
38 days of the Settling Defendant I s receipt of the bill $!JW:Me'.±ffi ·
J?i'1EffiBf!§J!i?l:il~slt!+i'! Eai!~nfii~lggin~i:, Settling Defendant shall
pay Interest on the unpaid balance. The Interest to be paid on
Past Response Costs under this Paragraph shall begin to accrue 30
days after the. effective date of this Consent Decree iEFlilsie;;;ifi~
;~st\s Ig!xffi~ii1:1t11!Eni'l¥i£il¥i lJi!BiE . The Interest
on Future Response Costs shall begin to accrue on the date of the
bill.9 The Interest shall fii2n~i!:iai'!!!Bi~sf!¼i~2l;jB.9 aeerue
through the date of the Settling Defendant's payment. Payments
of Interest made under this Paragraph shall be in addition to
such other remedies or sanctions available to Plaintiff by virtue
of Settling Defendant's failure to make timely payments under
this Section. The Settling Defendant shall make all payments
required by this Paragraph in the manner described in Paragraph
54.
9This is a statutory requirement. See 42 U.S. C. § 9607 (a) .
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-59 -
XVII. INDEMNIFICATION AND INSURANCE
57. a. The United States does not assume any liability by
entering into this agreement or by virtue of any designation of
Settling Defendant as EPA's authorized representatives under
Section 104(e) of CERCLA. Settling Defendant shall indemnify,
save and hold harmless the United States and its officials,
agents, employees, contractors, subcontractors; or
representatives for or from any and all claims or causes of
action arising from, or on account of, negligent or other
wrongful acts or omissions of Settling Defendant, its officers,
directors, employees, agents, contractors, subcontractors, and
any persons acting on its behalf or under its control, in
carrying out activities pursuant to this Consent Decree,
including, but not limited to, any claims arising from any
designation of Settling Defendant as EPA's authorized
representatives under Section 104(e) of CERCLA. Further, the
Settling Defendant agrees to pay .the United States all costs it
incurs including, but not limited to, attorneys fees and other
expenses of litigation and settlement arising from, or on .account
of, claims made against the United States based on negligent or
other wrongful acts or omissions of Settling Defendant, its
officers, directors, employees, agents, contractors,
subcontractors, and any persons acting on its behalf or under its
control, in carrying out activities pursuant to this Consent
Decree. The United States shall not be held out as a party to
any contract entered into by or on behalf of Settling Defendant
in carrying out activities pursuant to this Consent Decree.
Neither the Settling Defendant nor any such contractor shall be
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-60 -
considered an agent of the United States .10
b. The United States shall give Settling Defendant
~ffiB~@n notice of any claim for which.the United States plans to
seek indemnification pursuant to Paragraph 57.a., and shall
consult with Settling Defendant prior to settling such claim.11
58. Settling Defendant waives all claims against the United
States for damages or reimbursement or for set-off of any
payments made or to be made to the United States, arising from or
on account of any contract, agreement, or arrangement between aey
Ofie or more of Settling Defendant and any person for performance
of Work on or relating to the Site, including, but not limited
to, claims on account of construction delays. In addition,
Settling Defendant shall indemnify and hold harmless the United
States with respect to any and all claims for damages or
reimbursement arising from or on account of any contract,
agreement, or arrangement between aHy Ofie or more of Settling
Defendant and any person for performance of Work on. or relating
to the Site, including, but not limited to, claims on account of
construction delays. ~g!ffi!;J;l!;ng/lwn §~wi@§n~liinBiE~silii~Il!lSi3¾~Ri
~.lli1iifi R3?:i!wi!ii!Ii!iH!~mnw~wBiBWBB iil{a§ %\'@§E~SB !21I!H¥ Is+i:i!t'iI ◊P
10EPA cannot agree to the change requested by GE for this
paragraph. Note that this provision only relates to claims for
which the United States is sued (which is limited by the FTCA) and
which is based on a negligent or wrongful act or omission of the
Settling Defendant. There would be no indemnification where GE
actions are not negligent or wrongful. Furthermore, EPA has added
language at the end of Paragraph 58 clarifying that GE would not be
liable for negligent actions taken directly by EPA.
11With this language, EPA is agreeing to consult with GE prior
to any settlement of a claim under this paragraph. However, EPA
cannot agree to giving GE approval rights which may bar settlement
of a claim that the United States believed it was in United States'
best interest to not litigate.
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-61 -
.013,\Jsf;s i1ci~;;;;jcli)li9µ);1~rftenefi1se,:eye:JJ$lngwo!ll~~h<!l~itw4we~fi~tmt~Luplieel;l
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59. No later than 15 days before commencing any on-site Work,
Settling Defendant shall secure, and shall maintain until the
first anniversary of EPA's Certification of Completion of the
Remedial Action pursuant to Paragraph 49.b. of Section XIV
(Certification of Completion) comprehensive general liability
insurance with limits of one million dollars, combined single
limit, and automobile liability insurance with limits of
$50Q,OOO, combined single limit, naming the United States as an
additional insured. In addition, for the duration of this
Consent Decree, Settling Defendant shall satisfy, or shall ensure
that its contractors or subcontractors satisfy, all applicable
laws and regulations regarding the provision of worker's
compensation insurance for all persons performing the Work on
behalf of Settling Defendant in furtherance of this Consent
Decree. Prior to commencement of the 6nif's1/t!e Work under this .;:;:~:=::;;;::::::::;;:::::~;:;;;:;:;:;::::,.;:·
Consent Decree, Settling Defendant shall provide to EPA
certificates of such insurance and a copy of each insurance I policy. Settling Defendant shall resubmit such certificates and
copies of policies each year on the anniversary of .the effective I
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date of this Consent Decree. If Settling Defendant demonstrates
by evidence satisfactory to EPA that any contractor or
subcontractor maintains insurance equivalent to that described
above, or insurance covering the same risks but in a lesser
amount, then, with respect to that contractor or subcontractor,
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• 62 -
Settling Def~ndant need provide only that portion of the
insurance described above which is not maintained by the
contractor or subcontractor.
XVIII. FORCE MAJEURE
60. "Force majeure," for purposes of this Consent Decree, is
defined as any event arising from causes beyond the control of
the Settling Defendant, of any entity controlled by Settling
Defendant, or of Settling Defendant's contractors, that delays or
prevents the performance of any obligation under this Consent
Decree despite Settling Defendant's best efforts to fulfill the
obligation. The requirement t_hat the Settling Defendant exercise
"best efforts to fulfill the obligation" includes using best
efforts to anticipate any potential force majeure event and best
efforts to address the effects of any potential force majeure
event (1) as it is occurring and (2) following the potential
force majeure event, such that the delay is minimized to the
greatest extent possible. ~g iR~FFW£~i'Iisl!!2w±'.@!5ifl\Eaii'!!:!Bti~!/)Bzi;l~
9~ 1~¥liw~iih&28 ~ziiii~!l1!1 ifi&ii lr?'3iIB~ii1Riit~t!:~ilF!l~iii1LieRS3 i§i~ 3µi;f;/1)
q/il?)Wmil!wi&iH;!J#s;i!iµ{tg)ii ~µ);)/al;\\\~ p.gj; ; Jii;:m;!i£!~@Lj;p\1 iirctis §~i; QBs1; i~~FiiHI
g3fi:@§§~2niiii§sI!i¼,nfi izllis2iEil! REf!ii: B£ §¥;!~! §£ k1HB!!i312!~l+1;fi2£¥By;;:
~nel'lI~n~£ql;py:);!~§ilBRB~!111'.~¥lii:ngQ§§(§~5½':'ivBB9E¥*i•Bi9B!i I!iitl£8~¥§i
§~~~fugijij}iiiJ,p§Effi¥lt§i:i!li£!l~:¥Siiil:lii11li!HiiiI1\i!ce)i~ri-¥I~§!il;Bfiln~pji™iJg*ins¥i@F
?'.iJEi:\§$:tt&\/.. Hi:f~§x'.%f Pt Pt\§ ssffii,#;;§nfig §;t; I#fi§§§ swt•~p.£ l~xijrfft •a&es
ni?PHF~!I!!\iiYe• ·•§§i'i§[fp'g {R§£§BBimB BF§m §~ffi9B§BF~!la/ng ~ti¥: BR@
oceuri'erii;~ etc #ng §Y,½nB!~§. £§¥8R&1 tJl'§Is§n&F§~ §t§~§S~ffiB$'
R@!gfi§Ati§!~ii#i'~iiiii Js§n,BP~S,B?f,§f[q~';°F;~f;lfg!C~nB~Bffi¼~§ ~Hg ;th¥1IBti'@
occuri'enci tw¥~J]ts/:iiliii,~ ii;\g~f;[xt'§p!;Jfa:'!x~n§If§n~ ;f;l~Ff§~ns:~fp;J%i;g,y
§§f ;g[sf•s# 4·iiaer D#ifiii /!£2!1§~/;f§ ;)23qp~§ q§§Ef §§i §,~ssJ/wns# Pit'~n:4a:fift.•s·
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, 63 -
P§§§ l;!~;;l;BiJ[l:lJJ:!g ~µj!)Ij;3/.~:¥J/i€J:i~)E~p;!J~~~j:;4iqg[il ••Force Maj eure" does not
include financial inability to complete the Work or a failure to
attain the Performance Standards .12
61. If any event occurs or has occurred that may delay the
performance of any obligation under this Consent Decree, whether
or not caused by a force majeure event, the Settling Defendant
shall notify orally EPA's Project Coordinator or, in his or her
absence, EPA's Alternate Project Coordinator or, in the event
both of EPA's designated representatives are unavailable, the
Director of the Hazardous Waste Management Division, EPA Region
4, within 48 hours of when Settling Defendant first knew that the
event might cause a delay. Within 5 days thereafter, Settling
Defendant shall provide in writing to EPA an explanation and
description of the reasons for the delay; the anticipated
duration of the delay; all actions taken or to be taken to
prevent or minimize the delay; a schedule for implementation of
any measures to be taken to prevent or mitigate the delay or the
effect of the delay; the Settling Defendant's rationale for
attributing such delay to a force majeure event if it intends to
assert such a claim; and a statement as to whether, in the
opinion of the Settling Defendant, such event may cause or
contribute to an endangerment to public health, welfare or the
environment. The Settling Defendant shall include with any I notice all available documentation supporting its claim that the
I delay was attributable to a force majeure. Failure to
I
12The reference to the Technical Impracticability provision is
not appropriate here. The failure to achieve performance standards,
due to technical impracticability would not be ·a Force Maj eure
event.
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• 64 -
~¥B§B@~~~M~ comply with the above requirements shall preclude
Settling Defendant from asserting any claim of force majeure for
that event for the period of time of such failure to comply, and
for any additional delay caused by such failure. Settling
Defendant shall be deemed to know of any circumstance of which
Settling Defendant, any entity controlled by Settling Defendant,
or Settling Defendant's contractors knew or should have known.
62. If EPA agrees that the delay or anticipated delay is
attributable to a force majeure event, the time for performance
of the obligations under this Consent Decree that are affected by
the force majeure event will be extended by EPA for such time as
is necessary to complete those obligations. An extension of the
time for performance of the obligations affected by the force
majeure event shall not, of itself, extend the time for
performance of any other obligation. If EPA does not agree that
the delay or anticipated delay has been or will be caused by a
force majeure event, EPA will notify the Settling Defendant in
writing of its decision. If EPA agrees that the delay is
attributable to a force majeure event, EPA will notify the
Settling Defendant in writing of the length of the extension, if
any, for performance of the obligations %H£1i!±q31fi~~BXiS~F~PSfa§
~}lf?§~ffi:¼§RPBJ81!5g~P¾8B§ affected by the force majeure event.
63. If the Settling Defendant elects to invoke the dispute
resolution procedures set forth in Section XIX (Dispute
Resolution), it shall do so no later than 15 days after receipt
of EPA's notice. In any sue~ proceeding, Settling Defendant
shall have the burden of demonstrating by a preponderance of the
evidence that the delay or anticipated delay has been or will be
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• 65 ·
caused by a iorce majeure event, that the duration of the delay
or the extension sought was or will be warranted under the
circumstances, that best efforts were exercised to avoid and
mitigate the effects of the delay, and that Settling Defendant
§HR@51:luti;!l!:¥.M@"y complied with the requirements of Paragraphs 60 and
61, above. If Settling Defendant carries this burden, the delay
at issue shall be deemed not to be a violation by Settling
Defendant of the affected obligation~ of this Consent Decree
identified to EPA and the Court.
XIX. DISPUTE RESOLUTION
64. Unless otherwise expressly provided for in this Consent
Decree, the dispute resolution procedures of this Section shall
be the exclusive mechanism to resolve disputes arising under or
with respect to this Consent Decree. However, the procedures set
forth in this Section shall not apply to actions by the United
States to enforce obligations of the Settling Defendant that have
not been disputed in accordance with this Section.
6 5 • ?,i[i !i;;§,W~liiA.5WPP::lllg~;iifl~H~EgM;;f:13SffiA#PE1;:;t{'.9§~§£;¼ i\";tl¥89i%H\;'E9¥8Yi[
~$&e@t41si I g~£:~l ~E'm!l!m!!l!nm1t1t2E'I1@aw~:I@2ni~fl ~R:;.~r §.~§§@w.n9
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§tJ'.~.§ lif:~g!p 1&11Fiwl!!l1fBs'.@'.l/i§S@s!\iim:\!11l¥fl1BeE!lii.\llie §P:g~~Il/i!sl!f ca~K3'. tne
ql±i¾¼~wsi!iiw!?iJi:2#! f@l ins\l!it?!l!n§;~nsl!ir 1g1 ~!!~st In~tBiE
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informal negotiations between the parties to the dispute. The
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the.time the dispute arises, unless it is modified by written
agreement of the parties to the dispute. The dispute shall be
considered to have arisen when one party sends the other parties
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66. a. In the event that the parties cannot resolve a
dispute by informal negotiations g;fJ\n!i!'§:¢'1=!tilfpn under the preceding
Paragraph§, then the position advanced by EPA shall be considered :::::::
binding unless, within 10 days after the conclusion of the
informal negotiation ££IDil:!!!JiBffi8ll period, Settling Defendant
invokes the formal dispute resolution procedures of this Section
by serving on the United States a written !ti:!~;i!N§£;!;j:;~q~
D±sptli::/iiahd Statement of Position on the matter in dispute, ·:-:=:-:=::-:-:-:-: •• ,-:,:-:-:::,:.:-::;.:-:-:-:,,:,;:,:,:-:-:-:-:❖:-:-:-
including, but not limited to, any factual data, analysis or
opinion supporting that position and any supporting documentation
relied upon by the Settling Defendant. The Statement of Position
shall specify the Settling Defendant's position as to whether
formal dispute resolution should proceed under Paragraph 67 or
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• 69 ·
Paragraph 6 8~
b. Within 14 days after receipt of Settling Defendant's
Statement of Position, EPA will serve on Settling Defendant its
Statement of Position, including, but not limited to, any factual ,
data, analysis, or opinion supporting that position and all
supporting documentation relied upon by EPA. EPA's Statement of
Position shall include a statement as to whether formal dispute
resolution should proceed under Paragraph 67 or 68. Within 14
days after receipt of EPA's Statement of Position, Settling
Defendant may submit a Reply.
c. If there is disagreement between EPA and the Settling
Defendant as to whether dispute resolution should proceed under
Paragraph 67 or 68, the parties to the dispute shall follow the
procedures set forth in the paragraph determined by EPA to be
applicable. However, if the Settling Defendant ultimately
appeals to the Court to resolve the dispute, the Court shall
determine which paragraph is applicable in accordance with the
standards of applicability set forth in Paragraphs 67 and 68.
67. Formal dispute resolution for disputes pertaining.to the
selection or adequacy of any response action and all other
disputes that are accorded review on the administrative record
under applicable principles of administrative law shall be
conducte.d pursuant to the procedures set forth in this Paragraph.
For purposes of this Paragraph, the adequacy of any response
action includes, without limitation: (1) the adequacy or
appropri.ateness of· plans, procedures to implement plans, or any
other items requiring approval by EPA under this Consent Decree;
and (2) the adequacy of the performance of response actions taken
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pursuant to this Consent Decree. Nothing in this Consent Decree
shall be construed to allow any dispute by Settling Defendant
re':j'arciifl':j' the validity of the ROD' s 13rovisioas ~~~\'l;~fi.g$AS:ln
!S~ffi3SM!i~l~e@~sll in i~ilRIB ·
a. An administrative record of the dispute shall be
maintained by EPA and shall contain all statements of position,
including supporting documentation, submitted pursuant to this
Section. Where appropriate, EPA may allow submission of
supplemental statements of position by the parties to the
dispute.
b. The Director of the Waste Management Division, EPA
Region 4, will issue a final administrative decision resolving
the dispute based on the administrative record described in
Paragraph 67.a. This decision shall be binding upon the Settling
Defendant, subject only to the right to seek judicial review
pursuant to Paragraph 67.c. and d.
c. Any administrative decision made by EPA pursuant to
Paragraph 67.b. shall be reviewable by this Court, provided that
a motion for judicial review of the decision is filed by the
Settling Defendant with the Court and served on all Parties
within 10 days of receipt of EPA's decision. The motion shall
include a description of the matter in dispute, the efforts made
by the parties to resolve it, the relief requested, and the
schedule, if any, within which the dispute must be resolved to
ensure orderly implementation of this Consent Decree. The United
States may file a response to Settling Defendant's motion.
d. In proceedings on any dispute governed by this
Paragraph, Settling Defendant shall have the burden of
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• 71 ·
demonstrating that the decision of the Waste Management Division
Director is arbitrary and capricious or otherwise not in
accordance with law. Judicial review of EPA's decision shall be
on the administrative record compiled pursuant to Paragraph 67.a.
68. Formal dispute resolution for disputes that neither
pertain to the selection or adequacy of any response action nor
are otherwise accorded review on the administrative record under
applicable principles of administrative law, shall be governed by
this Paragraph.
a. Following receipt of Settling Defendant's Statement
of Position submitted pursuant to Paragraph 66, the Director of
the Waste Management Division, EPA Region 4 shall issue a
decision resolving the dispute. The Waste Management Division
Director's decision shall be binding on the Settling Defendant
unless, within 10 days of receipt of the decision, the Settling
Defendant files with the Court and serves on the parties a motion
for judicial review of the decision setting forth the matter in
dispute, the efforts made by the parties to resolve it, the
relief requested, and the schedule, if any, within which the
dispute must be resolved to ensure orderly implementation of the
Consent Decree. The United States may file a response to
Settling Defendant's motion.
b. Notwithstanding Paragraph M of Section I
(Background) of this Consent Decree, judicial review of any
dispute governed by this Paragraph shall be governed by
applicable principles of law.
69. The invocation of formal dispute resolution procedures
under this Section shall not extend, postpone or affect in any
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way any obligation of the Settling Defendant under this Consent
Decree, not directly in dispute, unless EPA or the Court agrees
otherwise. Stipulated penalties with respect to the disputed
matter shall continue to accrue but payment shall be stayed
pending resolution of the dispute as provided in Paragraph 78.
Notwithstanding the stay of payment, stipulated penalties shall
accrue from the first day of noncompliance with any applicable
provision of this Consent Decree. In the event that the Settling
Defendant does not prevail on the disputed issue, stipulated
penalties shall be assessed and paid as provided in Section XX
(Stipulated Penalties).
XX. STIPULATED PENALTIES
70. Settling Defendant shall be liable for stipulated
penalties in the amounts set forth in Paragraphs 71 and 72 to the
United States for failure to comply with the requirements of this
Consent Decree specified below, unless excused under Section
XVIII (Force Majeure). "Compliance" by Settling Defendant shall
include completion of the activities under this Consent Decree or
any work plan or other plan approved under this Consent Decree
identified below in accordance with all applicable requirements
of law, this Consent Decree, the SOW, and any plans or other
documents approved by EPA pursuant to this Consent Decree and
within the specified time schedules established by and approved
under this Consent Decree.
71. a. The following stipulated penalties shall accrue per
violation per day for any noncompliance identified in
Subparagraph b:
Penalty Per Violation Period of Noncompliance
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Per Day
$1,000
$1,500
02,500 jl;;g'QQ
$4,000 ~:!PPP:
-73 -
1st through 7th day
8th through 15th day
16th through 30th day
31st day and beyond
b. The above penalties shall apply for late submittals,
late resubmittals and modifications, and activities not completed
under the following documents: Remedial Design Work Plan;
Pre 1 iminary Design submittal ; mn;;~;;m~qf.,~~3WP~@[Wsnlf§~1:}m;l§,i;~+!il:l@~
p~ffi±!ffi"'.~@l'BX:l!iR~l;!. Prefinalf ~.~ Final Design submittal~.; ~BS
Remedial Action Work Plan, aHd OperatioH aHd HaiHteHaHce PlaH.
In addition, the above stipulated penalties shall apply to
noncompliance with. establishment ef a trust fuHd, proeuremeHt of
required iHsurance, and i¾~~ hiring of a contractor, aHd timely
reimbursemeHt of EPA response and o•rersi!!jht costs.
72. The following stipulated penalties shall accrue per
violation per day for failure to submit timely or adequate
reports or other written documents pursuant to Paragraphs 30-35
§@\IW.1¥++ ;!gi)\li IiHBinif'.EJi}~J})j{?~ \Eniii9i§~Ei1Bif'en;I~iiflt ~:iiaij~ii~s@l': g})!!]fl'kO!!i!f ey§
B52SH%~§?;1B BE ;)R,~ffi±*r?~S g;p~jii;;iij§g) ~~ :#ri'i §[ffi§w¾ g§11fu9H£i~§ntj
Cl~ ERA Riii'.i~ Jina [Rij!s}i;~ i~,iBBBi§ g§\ii~~:
Penalty Per Violation
Per Day
$500
$1,000
$2,000 i:/SQ()
$3,500 2/Qbd
Period of Noncompliance
1st through 7th day
8th through 15th day
16th through 30th day
31st day and beyond
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73. In the event that EPA assumes perfonnance of a portion or
all of the Work pursuant to Paragraph 86 of Section XXI
(Covenants Not to Sue by Plaintiff), Settling Defendant shall be
liable for a stipulated penalty in the amount of $50,000.
74. All penalties shall begin to accrue on the day after the
complete perfonnance is due or the day a violation occurs, and
shall continue to accrue through the final day of the correction
of the noncompliance or completion of the activity. However,
stipulated penalties shall not accrue: (1) with respect to a
deficient submission under Section XI (EPA Approval of Plans and
Other Submissions), during the period, if any, beginning on the
31st day after EPA's receipt of such submission until the date
that EPA notifies Settling Defendant of any deficiency; (2) with
respect to a decision by the Director of the Waste Management
Division, EPA Region 4, under Paragraph 67.b. or 68.a. of Section
XIX (Dispute Resolution), during the period, if any, beginning on
the 21st day after the date that Settling Defendant's reply to
EPA's Statement of Position is received until the date that the
Director issues a final decision regarding such dispute; or (3)
with respect to judicial review by this Court of any dispute
under Section XIX (Dispute Resolution), during the period, if
any, beginning on the 31st day after the Court's receipt of the
final submission regarding the dispute until the date that the
Court issues a final decision regarding such dispute. Nothing
herein shall prevent the simultaneous accrual of separate
penalties for separate violations of this Consent Decree.
75. Following EPA's determination that Settling Defendant has
failed to comply with a requirement of this Consent Decree, EPA
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may give Sett.ling Defendant written notification of the same and
describe the noncompliance. EPA may send the Settling Defendant
a written demand for the payment of the penalties. However,
penalties shall accrue as provided in the preceding Paragraph
regardless of whether EPA has notified the Settling Defendant of
a violation.
76. All penalties accruing under this Section shall be due
and payable to the United States within 30 days of the Settling
Defendant's receipt from EPA of a demand for payment of the
penalties, unless Settling Defendant invokes the Dispute
Resolution procedures under Section XIX (Dispute Resolution}.
All payments to the United States un.der this Section shall be
paid by certified or cashier's check(s} made payable to "EPA
Hazardous Substances Superfund," shall be mailed to the United
States Environmental Protection Agency, Region 4, Attention:
Superfund Accounting, P.O. Box 100142, Atlanta, Georgia 30384,
shall indicate that the payment is for stipulated penalties, and
shall reference the full Site name, EPA Region and Site/Spill ID
#04JG, the DOJ Case Number _______ , and the name and
address of the party making payment. Copies of check(s) paid
pursuant to this Section, and any accompanying transmittal
letter(s), shall be sent to the United States as provided in
Section XXVI (Notices and Submissions}, and to Kim,Thu Dao vu,
Enforcement Project Manager, Waste Programs Branch, Waste
Management Division, EPA -Region IV, 345 Courtland St., N.E.,
Atlanta, Georgia 30365.
77. The payment of penalties shall not alter in any way
Settling Defendant's obligation to complete the performance of
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the Work re~ired under this Consent Decree.
78. Penalties shall continue to accrue as provided in
Paragraph 74 during any dispute resolution period, but need not
be paid until the following:
a. If the dispute is resolved by agreement or by a
decision of EPA that is not appealed to this Court, accrued
penalties determined to be owing shall be paid to EPA within 15
days of the agreement or the receipt of EPA's decision or order;
b. If the dispute is appealed to this Court and the
United States prevails in whole or in part, Settling Defendant
shall pay all accrued penalties determined by the Court to be
owed to EPA within 60 days of receipt of the Court's decision or
order, except as provided in Subparagraph c below;
c. If the District Court's decision is appealed by any
Party, Settling Defendant shall pay all accrued penalties
determined by the District Court to be owing to the United States
into an interest-bearing escrow account within 60 days of receipt
of the Court's decision or order. Penalties shall be paid into
this account as they continue to accrue, at least every 60 days.
Within 15 days of receipt of the final appellate court decision,
the escrow agent shall pay the balance of the account to EPA or
to Settling Defendant to the extent that it prevails.
79. a. If Settling Defendant fails to pay stipulated
penalties when due, the United States may institute proceedings
to collect the penalties, as well as interest. Settling
Defendant shall pay Interest on the unpaid balance, which shall
begin to accrue on the date of demand made pursuant to Paragraph
76.
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b. Nothi~g in this Consent Decree shall be construed as
prohibiting, altering, or in any way limiting the ability of the
United States to seek any other remedies or sanctions available
by virtue of Settling Defendant's violation of this Decree or of
the statutes and regulations upon which it is based, including,
but not limited to, penalties pursuant to Section 122(1) of
CERCLA. Provided, however, that the United States shall not seek
civil penalties pursuant to Section 122(1) of CERCLA for any
violation for which a stipulated penalty is provided herein,
except in the case of a willfui p)i:@pa'.&ffiij;$jijj violation of the :,,:··:·~·c··::::o::::,::;;;·;:•H·-❖::·;··::•
Consent Decree.
80. Notwithstanding any other provision of this Section, the
United States may, in its unreviewable discretion, waive any
portion of stipulated penalties that have accrued pursuant to
this Consent De Cree s§i!w~li\wi!n~I!IlR!Xill:§:'.i!#illlligiJmli\El~a§!¼!!ti;/;ge~
~~!ii~n! iBB~mi?B§C!iE :Is§mg~elins$ I~il!i!i!iii!!islR B~li!mxf U9HS9ffig~liasi
§X@nt Ien liJ1§ §x~#.~±if!Bi8t.~I ffimi?±!mii~!Ei2iiii~!llls~!ll ·
XXI. COVENANTS NOT TO SUE BY PLAINTIFF
81. In consideration of the actions that will be performed
and the payments that will be made by the Settling Defendant
under the terms of the Consent Decree, and except as specifically
provided in Paragraphs 82, 83, and 85 of this Section, the United
States covenants not to sue or to take administrative action
against Settling Defendant pursuant to Sections 106 and 107(a) of
CERCLA and Section 7003 of RCRA relating to the Site. Except
with respect to future liability, these covenants not to sue
shall take effect upon the receipt by EPA of the payments
required by Paragraph 53 of Section XVI (Reimbursement of
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Response Co~ts). With respect to future liability, these
covenants not to sue shall take effect upon Certification of
Completion of Remedial Action by EPA pursuant to Paragraph 49.b.
of Section XIV (Certification of Completion). These covenants
not to sue are conditioned upon the satisfactory performance by
Settling Defendant of its obligations under this Consent Decree.
These covenants not to sue extend only to the Settling Defendant
and do not extend to any other person.
82. United States' Pre-certification reservations.
Notwithstanding any other provision of this Consent Decree, the
United States reserves, and this Consent Decree is without
prejudice to, the right to institute proceedings in this action
or in a new action, or to issue an administrative order seeking
to compel Settling Defendant (1) to perform further response
actions relating to the Site or (2) to reimburse the United
States for additional costs of response if, prior to
Certification of Completion of the Remedial Action:
(i) conditions at the Site, previously unknown to EPA,
are discovered, or
(ii) information, previously unknown to EPA, is received,
in whole or in part,
and these previously unknown conditions or information together
with any other relevant information indicates that .the Remedial
Action is not protective of human heal th or the environment. 13
83. United States' Post-certification reservations.
13EPA is not willing to limit the "re-opener" provisions with
the language suggested by GE since the current and future uses as
outlined in the ROD may not be relevant to EPA' s determination
under these sections.
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Notwithstanding any other provision of this Consent Decree, the
United States reserves, and this Consent Decree is without
prejudice to, the right to institute proceedings in this action
or in a new action, or to issue an administrative order seeking
to compel Settling Defendant (1) to perform further response
actions relating to the Site or (2) to reimburse the United
States for additional costs of response if, subsequent to
Certification of Completion of the Remedial Action:
(i) conditions at the Site, previously unknown to EPA,
are discovered, or
(ii) information, previously unknown to EPA, is received,
in whole or in part,
and these previously unknown conditions or this information
together with other relevant information indicatel3 that the
Remedial Action is not protective of human health or the
environment.
84. For purposes of Paragraph 82, the information and the
conditions known to EPA shall incl.ude only that information and
those conditions known to EPA as of the date the ROD was signed
and set forth in the Record of Decision for the Site and the
administrative record supporting the Record of Decision. For
purposes of Paragraph 83, the information and the conditions
known to EPA shall include only that information and those
conditions known to EPA as of the date of Certification of
Completion of the Remedial Action and set forth in the Record of
Decision, the administrative record supporting the Record of
Decision, the post-ROD administrative record, or in any
information received by EPA pursuant to the requirements of this
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Consent Decree1;Ji1%ricili:ud;!;ii,gmpti:pc;>~ti;!i6nmd:eva;;t§p,$4;.oyi'§E~;igi;;t,pl#$
qg~j/;;i~gj:,qi!f:§ffil:\i!f!'!lj/;~lii!:ii.6 #B~i~pE~!l prior to Certification of
Completion of the Remedial Action.
85. General reservations of rights. The covenants not to sue
set forth above do not pertain to any matters other than those
expressly specified in Paragraph 81. The United States reserves,
and this Consent Decree is without prejudice to, all rights
against Settling Defendant with respect to all other matters,
including but not limited to, the following:
(1) claims based on a failure by Settling Defendant to
meet a requirement of this Consent Decree;
(2) liability arising from the past, present, or future
disposal, release, or threat of release of Waste Materials
outside of the Site e&a~wli~a~g§I2E8¾%~!fi;¥Hl\EJl~iR9Bl!S8~
~PEWi gf Qj/;fli:!!iwi!g] eiii'i~ll'l[eiliiH~fieiffi~§s\;; iil1Iii!Ri&BEii'~niI §~gI\i
Una.e!iii Ian /!/¥lit~isaeB¥ii\3 2!~%\~;
(3) liability for future• disposal of Waste Material at
the Site, other than as provided in the ROD, the Work, or
otherwise ordered 6~ iHEfi8£%~§2 py'@Ri §:!! j/;g~ §~gj/;@IP:BSiB fin ?RAt
~MFheBw~~~iJ!!51~i~;
(4) liability for damages for injury to, destruction of,
or loss of natural resources, and for the costs of any natural
resource damage assessments;
(5) criminal liability;
(6) liability for violations of federal or state law
which occur during or after implementation of the Remedial
Action;
(7) liability, prior to Certification of Completion
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of the Remedial Action, for additional response actions
that EPA determines are necessary to aehieve Perfefillanee
8 tandards p~citie.ot litp:Danthea:ttP' carij;fa .ep,e ;l)\n~omneif,ii, 14 but
that cannot be required pursuant to Paragraph 14
(Modification of the SOW or Related Work Plans);
(8) previeusly ineurred eests ef respense aeove the
amounts reiml9ursed pursuant to Paragraph 53, and,
-f-9+-liability for costs that the United States will incur
related to the Site but are not within the definition of
Future Response Costs.
86. Work Takeover In the event EPA determines that Settling
Defendant has ceased implementation of any portion of the Work,
a-re ii;! seriously or repeatedly deficient or late in its
performance of the Work, or a-re ffi§ implementing the Work in a
manner which may cause an endangerment to human health or the
environment, EPA may assume the performance of all or any
portions of the Work as EPA determines necessary. Settling
Defendant may invoke the procedures set forth in Section XIX
(Dispute Resolution), Paragraph 67, to dispute EPA's
determination that takeover of the Work is warranted under this
Paragraph. Costs incurred by the United States in performing the
Work pursuant to this Paragraph shall be considered Future
Response Costs that Settling Defendant shall pay pursuant to
Section XVI (Reimbursement of Response Costs).
87. Notwithstanding any other provision of this Consent
14This change is necessary given the change to
which limits the original scope of that provision.
clarifies the reservation.
Paragraph 2 O
This simply
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Decree, the United States retains all authority and reserves all
rights to take any and all response actions authorized by law.
XXII. COVENANTS BY SETTLING DEFENDANT
88. Covenant Not to Sue. Subject to the reservations in
Paragraph ~ 1~2, Settling Defendant hereby covenants not to sue
and agrees not to assert any claims or causes of action against
the United States with respect to the Site and Past and Future
Response Costs as defined herein or this Consent Decree,
including, but not limited to:
a. any direct or indirect claim for reimbursement from
the Hazardous Substance Superfund (established pursuant to the
Internal Revenue Code, 26 U.S.C. § 9507) through CERCLA Sections
106(b) (2), 107, 111, 112, 113 or any other provision of law;
b. any claims against the United States, including any
department, agency or instrumentality of the United States under
CERCLA Sections 107 or 113 related to the Site7{f or
c. any claims arising out of response activities at the
Site, including claims based on EPA's selection of response
actions, oversight of·response activities or approval of plans
for such activities. !!§ii'K~Ei §l'i~li¾"¼ng!?@:!~P~BB~!'±l\:~l'i§!li~BB
§tiil!§i¢2n~iiint:Iml'is#iitilli1i1:'iil!':iii;inl?Y:tJ'BP3P'Hil'*sgff§e1S'isn~t'1~*™aing1:Sl'fiI~x:f2fi
§hi sWiJmflc q,g§§ii}!fig§) ~§xii!\th§R3ii'.~i!i98¾3B!a§Jl§xi(ft:1;i~jjg~;i!BPBf¥¥ilja)3
P3@B #\%:§i:?@n.\%sl BPS@£ Bl!§/e%i2x:f\%¥2ni st §gs§f§rr ~ti
89. The Settling Defendant reserves, and this Consent Decree
is without prejudice to, claims against the United States,
subject to the provisions of Chapter 171 of Title 28 of the
United States Code, for money damages for injury or loss of
property or personal injury or death caused by the negligent or
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wrongful act_or omission of any employee of the United States
while acting within the scope of his office or employment under
circumstances where the United States, if a private person, would
be liable to the claimant in accordance with the law of the place
where the act or omission occurred. However, any such claim
shall not include a claim for any damages caused, in whole or in
part, by the act or omission of any person, including any
contractor, who is not a federal employee as that term is defined
in 28 U.S.C. § 2671; nor shall any such claim include a claim
based on EPA's selection of response actions, or the oversight or
approval of the Settling Defendant's plans or activities. The
foregoing applies only to claims which are brought pursuant to
any statute other than CERCLA and for which the waiver of
sovereign immunity is found in a statute other than CERCLA.
90. Nothing in this Consent Decree shall be deemed to
constitute preauthorization of a claim within the meaning of
Section 111 of CERCLA, 42 U.S.C. § 9611, or 40· C .. F.R.
§ 300.700(d).
~ Settling Defendant agrees to waive all claims or causes
of aetion that it may have for all matters relating to the Site,
including for contribution, against the following persons. a.
any person (i) whose liability to Settling Defendant with respect
to the Site is based solely on CERCLA S 107(a) (3) or (4), (ii)
who arranged for the disposal, treatment, or transport for
disposal or treatment, or accepted for transport for disposal or
treatment, of only Municipal Solid Waste or Sewage Sludge owned
by such person, and (iii) who is a Small Business, a Small Non
profit Organization, or the Owner, Operator, or Lcsspc of
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Residential.Property, and
19. any person (i) whose liability to ScttliH!J Dcfcadaat with
respect te tll.c Site is 19ascd solely oa CBRCLl'. S 107 (a) (3) or ( 4) ,
aad (ii) wll.o arran!Jcd for the disposal, trcatmcat, or transport
for disposal or trcatmcat, or accepted for traasport for disposal
or treatment, of 55 !Jalloas or less of liq,:i.id materials
contaiaia!J ha2ardeus sul9stanccs, or 100 pounds er less of solid
materials containing ll.a2ardous sul9staaccs, CJfCCp~ where BPA ll.as
determined that such material coatril9utcd or could coatril9utc
si!JHificaatly to the costs of response at the Site.
XXIII. EFFECT OF SETTLEMENT: CONTRIBUTION PROTECTION
9-2-.-~;!;);: Nothing in this Consent Decree shall be construed to
create any rights in, or grant any cause of action to, any person
not a Party to this Consent Decree. The preceding sentence shall
not be construed to waive or nullify any rights that any person
not a signatory to this decree may have under applicable law.
Each of the Parties expressly reserves any and all rights
(including, but not limited to, any right to contribution),
defenses, claims, demands, and causes of action which each Party
may have with respect to any matter, transaction, or occurrence
relating in any way to the Site against any person not a Party
hereto.
9--3-,-~/4{ The Parties agree, and by entering this Consent Decree
this Court finds, that the Settling Defendant is entitled, as of
the effective date of this Consent Decree, to protection from
contribution actions or claims as provided by CERCLA Section
113 (f) (2), 42 U.S.C. § 9613 (f) (2) for matters addressed in this
Consent Decree Which ih¢Jiide E>ast E~~g§p~~ %8~~§/: R§ft:yj;~ :p;~§!p§p§!~
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9!?¢&~! %n1;l+#.9$1til1it2#n~/x~H?f2X:!R.
9-4-:-Q§§ The Settling Defendant agrees that with respect to any
suit or claim for contribution brought by it for matters related
to this Consent Decree it will notify the United States in
writing no later than 60 days prior to the initiation of such,
suit or claim.
9-5-a-~ii@ The Settling Defendant also agrees that with respect
to any suit or claim for contribution brought against it for
matters related to this Consent Decree it will notify in writing
the United States within 10 days of service of the complaint on
them. In addition, Settling Defendant shall notify the United
States within 10 days of service or receipt of any Motion for
Summary Judgment and within 10 days of receipt of any order from
a court setting a case for trial.
~~$! In any subsequent administrative or judicial
proceeding initiated by the United States for injunctive relief,
recovery of response costs, or other appropriate relief relating
to the Site, Settling Defendant shall not assert, and may not
maintain, any defense or claim based upon the principles of
waiver, res judicata, collateral estoppel, issue preclusion,
claim-splitting, or other defenses based upon any contention that
the claims raised by the United States in the subsequent
proceeding were or should have been brought in the instant case;
provided, however, that nothing in this Paragraph affects the
enforceability of the covenants not to sue set forth in Section
XXI (Covenants Not to Sue by Plaintiff).
XXIV. ACCESS TO INFORMATION
9--'½-96/ Settling Defendant shall provide to EPA, upon request,
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copies of all documents and information within its possession or
control or that of its contractors or agents relating to§~~~
§gn~;ifui!im\'t!)!;qfl activities ae U1e Siee or to the implementation of
this Consent Decree, including, but not limited to, sampling,
analysis, chain of custody records, manifests, trucking logs,
receipts, reports, sample traffic routing, correspondence, or
other documents or information related to the Work. Settling
Defendant shall also make available to EPA, for purposes of
investigation, information gathering, or testimony, its
employees, agents, or representatives with knowledge of relevant
facts concerning the performance of the Work .
~Q?H a. Settling Defendant may assert business
confidentiality claims covering part or all of the documents or
information submitted to Plaintiff under this Consent Decree to
the extent permitted by and in accordance with Section 104(e) (7)
of CERCLA, 42 U.S.C. § 9604(e) (7), and 40 C.F.R. § 2.203(b).
Documents or information determined to be confidential by EPA
will be afforded the protection specified in 40 C.F.R. Part 2,
Subpart B. If no claim of confidentiality accompanies documents
or information when they are submitted to EPA, or if EPA has
notified Settling Defendant that the documents or information are
not confidential under the standards of Section 104(e) (7) of
CERCLA, the public may be given access to such documents or
information without further notice to Settling Defendant.
b. The Settling Defendant may assert that certain documents,
records and other information are privileged under the attorney-
client privilege or any other privilege recognized by federal
law. If the Settling Defendant asserts such a privilege in lieu
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of providing_documents, it shall provide the Plaintiff with the
following: (1) the title of the document, record, or
I information; (2) the date of the document, record, or
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information; (3) the name and title of the author of the
document, record, or information; (4) the name and title of each
addressee and recipient; (5) a description of .the contents of the
document, record, or information: and (6) the privilege asserted
I by Settling Defendant. However, no documents, reports or other
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information created or generated pursuant to the requirements of
the Consent Decree shall be withheld on the grounds that they are
privileged.
No claim of confidentiality shall be made with respect
to any data, including, but not limited to, all sampling,
analytical, monitoring, hydrogeologic, scientific, chemical, or
engineering data, or any other documents or information
evidencing conditions at or around the Site.
XXV. RETENTION OF RECORDS 15
HJ-B-.j;\$! Until 10 years after the Settling Defendant's receipt
of EPA's notification pursuant to Paragraph 50.b. of Section XIV
(Certification of Completion of the Work), each Settling
Defendant shall preserve and retain all records and documents now
in its possession or control or which come into its possession or
control that relate in any manner to the performance of the Work
or liability of any person for response actions conducted and to
15EPA is not willing to limit record retention in the manner
suggested by GE. The suggested change does not address retention
of records that are generated late in the process after the RA
Certification has been sent for a sufficient period of time. EPA
does not believe this retention requirement presents a significant
hardship to GE.
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be conductecLat the Site, regardless of any corporate retention
policy to the contrary. Until 10 years after the Settling
Defendant's receipt of EPA's notification pursuant to Paragraph
50.b. of Section XIV (Certification of Completion), Settling
Defendant shall also instruct its contractors and agents to
preserve all documents, records, and information of whatever
kind, nature or deseription relating to the performance of the
Work.
M¼-,-Iiiq]j:j/I At the conclu13ion of this document retention period,
Settling Defendant shall notify the United States at least 90
days prior to the destruction of any such records or documents,
and, upon request by the United States, Settling Defendant shall
deliver any such records or documents to EPA. The Settling
Defendant may assert that certain documents, records and other
information are privileged under the attorney-client privilege or
any other privilege recognized by federal law. If the Settling
Defendant assert~ such a privilege, it shall provide the
Plaintiff with the following: (1) the title of the document,
record, or information; (2) the date of the document, record, or
information; (3) the name and title of' the author of the
document, record, or information; (4) the name and title of each
addressee and recipient; (5) a description of the subject of the
document, record, or information; and (6) the privilege asserted
by Settling Defendant. However, no documents, reports or other
information created or generated pursuant to the requirements of
the Consent Decree shall be withheld on the grounds that they are
privileged ..
· ~fp;f{ Baefl Settling Defendant hereby certifies
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indiYidually_ that, to the best of its knowledge and belief, after
thorough inquiry, it has not altered, mutilated, discarded,
destroyed or otherwise disposed of any records, documents or
other information relating to its potential liability regarding
the Site since notification of potential liability by the United
States or the State or the filing of suit against it regarding
the Site and that it has fully complied with any and all EPA
requests for information pursuant to Section! 104(e) and 122(e)
of CERCLA, 42 U.S.C. §§ 9604(e) and 9622(e), and Section 3007 of
RCRA, 42 U.S.C. § 6927.
XXVI. NOTICES AND SUBMISSIONS
~~p)gf Whenever, under the terms of this Consent Decree,
written notice is required to be given or a report or other
document is required to be sent by one Party to another, it shall
be directed to the individuals at the addresses specified below,
unless those individuals or its successors give notice of a
change to the other Parties in writing. All notices and
submissions shall be considered effective upon receipt, unless
otherwise provided. Written notice as specified herein shall
constitute complete satisfaction of any written notice
requirement of the Consent Decree with respect to the United
States, EPA, and the Settling Defendant, respectively.
As to the United States:
Chief, Environmental Enforcement Section
Environment and Natural Resources Division
U.S. Department of Justice
P.O. Box 7611
Ben Franklin Station
Washington, D.C. 20044
Re: DJ# _______ _
and
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Director, Waste Management Division United States Environmental Protection Agency Region IV · ili1iillllllllll~!;l;l~ll§Jt
·As to EPA:
ct~iji.~Eli$'effseriner:lt
EPA Project coordinator United States Environmental Protection Agency
ii!11i11,1111111111111111i1
As to the State:
Dav±aniiBw
-==~
As·to the Settling Defendant:
[Name]
Settling Defendant's Project Coordinator [Address]
XXVII. EFFECTIVE DATE
~4-.-¥m{t) The effective date of this Consent Decree shall be
the date upon which this Consent Decree is entered by the Court,
except as otherwise provided herein.
XXVIII. RETENTION OF JURISDICTION
~±'b4ff This Court retains jurisdiction over both the
subject matter of this Consent Decree and the Settling Defendant
for the duration of the performance of the terms and provisions
of this Consent Decree for the purpose of enabling any of the
Parties to apply to the Court at any time for such further order,
direction, and relief as may be necessary or appropriate f6r the
construction or modification of this Consent Decree, or to
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effectuate or-enforce compliance with its terms, or to resolve
disputes in accordance with Section XIX (Dispute.Resolution)
hereof.
XXIX. APPENDICES
~;(QS) The following appendices are attached to and
incorporated into this Consent Decree:
"Appendix A" is the ROD.
"Appendix B" is the sow.
"Appendix C" is the description and/or map of the Site.
II Aj3J?efiS: i'lE 911 is t:f:l:e esffiJ?±eee ±ise SE el¼e NsH s•,meic SeEE±ckfl§f
DeEeHEl:aHe.
11 Aj3J?eHEl:iJc B II is el¼e esffiJ?±eee ±ise sE el¼e O·,meic Seee±iH§J
I DeEeHeaHe.
XXX. COMMUNITY RELATIONS I
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-1-B-'1-/(qjsj Settling Defendant shall propose to EPA its
participation in the community relations plan to be developed by
EPA. EPA will determine the appropriate role for the Settling
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cooperate with EPA in providing information regarding the Work to
the public. As requested by EPA, Settling Defendant shall
participate in the preparation of such information for
dissemination to the public and in public meetings which may be
held or sponsored by_ EPA to explain activities at or relating to
the Site.
XXXI. MODIFICATION
~1◊'7! Schedules specified in this Consent Decree for
completion of the Work may be modified by agreement of EPA and
the Settling Defendant.· All such modifications shall be made in
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writing.
-l-B9-,-,:jigj3@ Except as provided in Paragraph 14 ( "Modification of
the SOW or related Work Plans"), no material modifications shall
be made to the SOW without.written notification to and written
approval of the United States, Settling Defendant, and the Court.
Prior to providing its approval to any modification, the United
States will provide the State with a reasonable opportunity to
review and comment on the proposed modification. Modifications
to the SOW that do not materially alter that document may be made
by written agreement between EPA, after providing the State with
a reasonable opportunity to review and comment on the proposed
modification, and the Settling Defendant.
¼.W-:-ctf!)g! Nothing in this Decree shall be deemed to alter the
Court's power to enforce, supervise or approve modifications to
this Consent Decree. 16
XXXII. LODGING AND OPPORTUNITY FOR PUBLIC COMMENT
·H·l--.-'ctiii::O) This Consent Decree shall be lodged with the Court
for a period of not less than thirty (30) days for public notice.
and comment in accordance with Section 122(d) (2) of CERCLA, 42
U.S.C. § 9622(d)(2), and 28 C.F.R. § 50.7. The United States
reserves the right to withdraw or withhold its consent if the
16GE' s suggested language implies that the Court has the
authority to modify the decree whenever relevant federal or state
law is amended. This is clearly contrary to Federal Rule of Civil
Procedure 60, which requires a showing that a subsequent amendment
makes the prospective application of the CD inequitable or
otherwise justifies relief froin the CD. It is not a foregone
conclusion that the Court can modify the CD whenever the law is
amended. See, ~. Gore v. Bard, 977 F.2d. 558, 563 (Fed.Cir.
1992) . Rather than risk misinterpreting established jurisprudence,
EPA suggests that the language remain as proposed, which does not
cut off any rights of the parties or the authority of the Court
related to modification of the CD.
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... 93 ...
comments regarding the Consent Decree disclose facts or
considerations which indicate that the Consent Decree is
inappropriate, improper, or inadequate. Settling Defendant
consents to the entry of this Consent Decree without further
not i cel; Re!!xi,i~ l;t\'ai Yn¥!B~s!l§~itli§ iRl~~lii!ai~Iflliieiwf!~ REili~
aaE~ Q$ ~H!B~ \¥Pi ffi~ll~~!B~~¥A~§ @n@~ $~#~®$!i§ll!©~~i;!µ.gl\µ;i.pl gg§'~ ;gqq
gtlp~iSl½ilR~X~)aRE,~s~;)ei ~BEEM.
·H-~--,-';!l;l@l~ If for any reason the Court should decline to
approve this Consent Decree in the form presented, this agreement
is voidable at the sole discretion of any Party and the terms of
the agreement may not be used as evidence in any litigation
between the Parties.
XXXIII. SIGNATORIES/SERVICE
~112! Each undersigned representative of the Settling :':·:=::::::.,:::,:,:,:,:--:
Defendant to this Consent Decree and the Assistant Attorney
General for Environment and Natural Resources of the Department
of Justice certifies that he or she is fully authorized to enter
into the terms and conditions of this Consent Decree and to
execute and legally bind such Party to this document.
H-4-.-WJ!@/ Each Settling Defendant hereby agrees not to oppose
entry of this Consent Decree by this Court or to challenge any
provision of this Consent Decree unless the United States has
notified the Settling Defendant in writing that it no longer
supports entry of the Consent Decree.
~iJ.!4! Each Settling Defendant shall identify, on the
attached signature page, the name, address and telephone number
of an agent who is authorized to accept service of process by
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mail on beh~lf of that Party with respect to all matters arising
under or relating to this Consent Decree. Settling Defendant
hereby agrees to accept service in that manner and to waive the
formal service requirements set forth in Rule 4 of the Federal
Rules of Civil Procedure and any applicable local rules of this
Court, including, but not limited to, service of a summons.
SO ORDERED THIS DAY OF _______ , 1996.
United States District Judge
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THE UNDERSIGNED PARTIES enter into this Consent Decree in the
matter of United States v. · , relating ~-----------
Date:
FOR THE UNITED STATES OF AMERICA
[Name]
Assistant Attorney General
Environment and Natural Resources
Division
U.S. Department of Justice
Washington, D.C. 20530
[Name]
Environmental Enforcement Section
Environment and Natural Resources
Division
U.S. Department of Justice
Washington, D.C. 20530
[Name]
Assistant United States Attorney
District of =--=---==-U.S. Department of Justice
[Address]
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·-THE UNDERSIGNED PARTY enters into this Consent Decree in the
matter of United States v. ___________ , relating
to the General Electric/Shepherd Farm Superfund Site.
John H. Hankinson, Jr.
Regional Administrator, Region 4 U.S. Environmental Protection
Agency
345 Courtland St., NE
Atlanta, Georgia 30365
~~®~~~~!9legional Counsel
U.S. Environmental Protection
Agency
Region IV
llililllll!llllliiii:11111
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THE UNDERSIGNED PARTY enters into this Consent Decree in the
matter of United States v. ___________ , relating
to the General Electric/Shepherd Fann Superfund Site.
FOR
Date:
-------COMPANY, INC.
[Name --Please Type]
[Title --Please Type]
[Address --Please Type]
Agent Authorized to Accept Service on Behalf of Above-signed
Party:
Name: (Please Type]
Title:
Address:
Tel. Number:
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DRAf:T
G . .;..:,;;
RD/RA CONSENT DECREE
APPENDIX B
STATEMENT OF WORK
SfP 2 8 1995
RECEIVED
ocr 06 1995
SUPERFUND SECTION
GENERAL ELECTRIC/SHEPHERD FARM
NPL SUPERFUND SITE
EAST FLAT ROCK, NORTH CAROLINA
. U.S ENVIRONMENTAL PROTECTION AGENCY
REGION IV
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TABLE OF CONTENTS
Section
I. INTRODUCTION
II. OVERVIEW OF THE REMEDY
Ill. REMEDY
A. Components
B. Treatment
C. Performance Standards
D. Compliance Testing
E. Treatability Studies
IV. PLANNING AND DELIVERABLES
TASK I -Project Planning
A. Site Background
B. Project Planning
TASK II -Remedial Design
A. Remedial Design Planning
B. Preliminary Design
C. Intermediate Design
D. Prefinal/Final design
TASK Ill -Remedial Action
A. Remedial Action Planning
B. Preconstruction Conference
C. Prefinal Construction Inspection
D. Final Construction Inspection
E. Final Construction Report
F. Remedial Action Report
TASK IV -Operation and Maintenance
A. Operation and Maintenance Plan
B. Operation and Maintenance Manual
TASK V -Performance Monitoring
A. Performance Standards Verification Plan
References
Summary of Major Deliverables
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STATEMENT OF WORK FOR THE
REMEDIAL DESIGl'J AND REMEDIAL ACTION
AT THE GENERAL ELECTRIC/SHEPHERD FARM SITE
INTRODUCTION
This Statement of Work {SOW) outlines the work to be performed by Settling Defendant at the General Electric/Shepherd Farm Superfund Site in Henderson County, North Carolina("the Site"). The work outlined is intended to fully implement the remedy as described in the Record of Decision (ROD) for the Site, dated September 29, 1995, and to achieve the Performance Standards set forth in the ROD, Consent Decree, and this SOW. The requirements of this SOW will be further detail.ad in work r;ilans and other documents to be submitted by the Settling Defendants for approval as set forth in this SOW. It is not the intent of this document to provide task specific engineering or geological guidance. The definitions set forth in Section IV of the Consent Decree shall "also apply to this SOW unless expressly provided otherwise herein.
Settling Defendant is responsible for performing the Work to implement the selected remedy. EPA shall conduct oversight of the Settling Defendant's activities throughout the performance of the Work. The Settling Defendant shall assist EPA in conducting oversight activities.
EPA review or approval of a task or deliverable shall not be construed as a guarantee as to the adequacy of such task or deliverable. If EPA modifies a deliverable pursuant to Section XII of the Consent Decree, such deliverable as modified shall be deemed approved by EPA for.purposes of this SOW. A summary of the major deliverables that . Settling Defendants shall submit for the Work is attached.
II. OVERVIEW OF THE REMEDY
THE OBJECTIVES OF THIS REMEDIAL ACTION ARE TO:
Prevent or mitigate the continued release of hazardo.us substances, pollutants and contaminants to the groundwater;
Prevent or mitigate the continued release of hazardous substances, pollutants and contaminants at the Site to surface water bodies and sediments;
Eliminate or reduce the risks to human health associated with direct contact with hazardous substances, pollutants or contaminants within the Site;
Eliminate or reduce the risks to human health from inhalation of hazardous substances, pollutants or contaminants from the Site;
Eliminate or minimize the threat posed to human health and the environment from current and potential migration of hazardous substances in the surface
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water, ground water, and surface and subsurface soil at the Site;
Reduce concentrations of hazardous substances, pollutants and contaminants in surface water, ground water, and surface and subsurface soil within the Site to levels specified by the Performance Standards; and
Reduce the volume, toxicity and mobility of hazardous substance, pollutants or contaminants at the Site.
REMEDY
. ' The remedy includes soil excavation and disposal as well as groundwater extra_ction and treatment.
A.
B.
C.
D.
Components
· The major components of the remedy are described in Section 11 (A) and 11 (B), Selected Remedy section of the attached Record of Decision.
Treatment
The treatment technologies for the remedy are described in Section 11 (A) and 11 (B), Selected Remedy section of the attached Record of Decision.
Performance Standards
Settling Defendant shall meet all Performance Standards, as defined in the Consent Decree including the standards set forth in the attached Record cif Decision.
• Settling Defendant shall operate the groundwater treatment systems until Settling Defendant has demonstrated compliance with the respective Performance Standards, in accordance with the Performance Standards Verification Plan.
Compliance Testing
Settling Defendant shall perform compliance testing to ensure that all Performance Standards are met. After demonstration of compliance with Performance Standards, Settling Defendant shall monitor the Site including soil and groundwater for a minimium of five years. If monitoring indicates that the Performance Standards set forth in Sections 11 (A) and 11 (B) of the Record of Decision are not being achieved at any time after pumping . has been discontinued, extraction and treatment of the groundwater will recommence until the Performance Standards are once again achieved. If testing of soils indicates the Performance Standards aren't achieved,
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EPA may reevaluate the effectiveness of the source control component.
Treatability Studies
Settling Defendant shall submit a Treatability Study Workplan to determine if the selected remedy will attain all Performance Standards. Settling Defendant shall use the study results and site specific operating conditions in the detailed design of the selected remedy. EPA will evaluate the results of the treatability study to determine whether the proposed treatment will attain the Performance Standards. Settling Defendant shall submit the Treatability Study Final Report to EPA as soon as possible following completion of the study but no later than 120 days following EPA's approval of the Treatability Study Workplan. Th·e specific details relating to the Treatability Study requirements are covered in Section IV, Task II of this SOW.
IV. PLANNING AND DELIVERABLES
The specific scope of this work shall be documented by Settling Defendant in a Remedial Design (RD) Work Plan and a Remedial Action (RA) Work .Plan. Plans, specifications, submittals, and other deliverables shall be subject to EPA review and approval in accordance with Section XI of the Consent Decree.
Settling Defendant shall submit a technical memorandum documenting any need for additional data along with the proposed Data Quality Objectives (DQOs) whenever such requirements are identified. Settling Defendant is responsible for fulfilling additional data and analysis needs identified by EPA during the RD/RA process consistent with the general scope and objectives of the Consent Decree, including this SOW.
Settling Defendant shall perform the following tasks:
TASK I -PROJECT PLANNING
A. Site Background
Settling Defendant shall gather and evaluate the existing information regarding the Site and shall conduct a visit to the Site to assist in planning the RD/RA as follows:
1 . Collect and Evaluate Existing Data and Document the Need for Additional Data
Before planning RD/RA activities, all existing Site data shall be thoroughly compiled and reviewed by Settling Defendant. Specifically; this shall include the ROD, RI/FS, and other available data related to the Site. This information shall be utilized in
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determining additional data needed for. RD/RA implementation. Final decisions on the necessary data and DQOs shall be made by EPA.
Conduct Site Visit
Settling Defendant shall conduct a visit to the Site with the EPA Remedial Project Manager (RPM) during the project planning phase to assist in developing a conceptual understanding of !he RD/RA requirements for the Site. Information gathered during this visit shall be utilized to plan the project and to determine the extent of · the additional data necessary to implement the RD/RA. "
Project Planning
Once . Settling Defendant has collected and evaluated existing data and conducted a visit to the Site, the specific project scope shall be planned. Settling Defendant shall meet with EPA at the completion of this evaluation regarding the following activities and before proceeding with Task II.
TASK II -REMEDIAL DESIGN
The 8emedial Design shall provide the technical details for implementation of the Remedial Action in accordance with currently accepted environmental protection technologies and standard professional engineering and construction practices. The design shall include clear and comprehensive design plans and specifications.
A. Remedial Design Planning
At the conclusion of the project planning phase, Settling Defendant shall submit an RD Work Plan, a Sampling and Analysis Plan, a Health and Safety Plan, and a Treatability Study Work Plan to EPA. The RD Work Plan, the Sampling and Analysis Plan and the Treatability Study Work Plan must be reviewed and approved by EPA and the Health and Safety Plan reviewed arid commented on · by EPA prior to the initiation of field activities. Upon approval of the RD Work Plan, Settling Defendant shall implement the RD Work Plan in accordance with the design management schedule contained therein. Plans, specifications, submittals, and other deliverables shall be subject to EPA review and approval in accordance with Section XI of the Consent Decree. Review and/or approval of design submittals only allows Settling Defendant to proceed to the next step of the design process. It does not imply acceptance of later design submittals that have not been reviewed, nor that the remedy, when constructed, will meet Performance Standards.
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1. RD Work Plan
Settling Defendant shall submit a Remedial Design (RD) Work Plan to EPA for review and approval.· The Work Plan shall be developed·. in conjunction with the Sampling and Analysis Plan, the Health and Safety Plan, and the Treatability Study Work Plan, although each plan may be delivered under separate cover. The Work Plan shall include a comprehensive description of the additional data collection and evaluation activities to be performed, if any, and the plans and specifications to b.e prepared. A comprehensive design management schedule for completion of each major activity and submission of each deliverable shall also be included.
Specifically, the Work Plan shall present the following:
a.
b.
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A statement of the problem(s) and potential problem(s) posed by the Site and the objectives of the RD/RA.
A background summary setting forth the following:
1) A · brief description of the Site including the geographic location and the physiographic, hydrologic,
geologic, demographic, ecological, and natural resource features;
2) A brief synopsis of the history of the Site including a summary of past disposal practices and a description of previous responses that have been conducted by local, State, Federal, or private parties;
3) A summary of the existing data including physical and chemical characteristics of the contaminants identified
and their distribution among the environmental media at the Site.
A list and detailed description of the tasks to be performed, information needed for each task, information to be produced during and at the conclusion of each task, and a description of the work products that shall be submitted to EPA. This description shall include the deliverables set forth in the remainder of Task II.
A schedule with specific dates for completion of each required activity and submission of each deliverable required by the Consent Decree and this SOW. This schedule shall also include information regarding timing, initiation and
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completion of all critical path milestones for each activity and/or deliverable.
e. A project management plan, including a data management
plan, and provision for monthly reports to EPA, and meetings
and presentations to EPA at the conclusion of each major phase of the RD/RA. The data management plan shall · address the requirements for project management systems, including tracking, sorting, and retrieving the data along with an identification of the software to be used, minimum data requirements, data format and backup data management. The plan shall address both data management and document
control for all activities conducted during the RD/RA.
f. A description of the community relations support activities to be conducted during the RD. At EPA's request, Settling Defendant will assist EPA in preparing and disseminating
information to the public regarding the· RD work to be performed.
Sampling and Analysis Plan ·
Settling Defendant shall prepare a Sampling and Analysis Plan (SAP) to ensure that sample collection and analytical activities are conducted in accordance with technically acceptable protocols and that the data generated will meet the DQ0s established. The SAP shall include a Field Sampling and Analysis Plan (FSAP) and a Quality Assurance Project Plan (QAPP).
The FSAP shall define in detail the sampling and data-gathering · methods that shall be used on the project. It shall include sampling objectives, sample location (horizontal and vertical) and frequency, sampling equipment and procedures, and sample handling and analysis. The Field Sampling and Analysis Plan shall be written so that a field sampling team unfamiliar with the Site would be able to gather the samples and field information required. The QAPP shall describe the project objectives and organization, functional activities, and quality assurance and quality control (QA/QC) protocols that shall be used to achieve the desired DQ0s. The DQ0s shall, at a minimum, reflect use of analytical methods for obtaining data of sufficient quality to meet National Contingency Plan requirements as identified at 300.435 (b). In addition, the QAPP shall address personnel qualifications, sampling procedures, sample custody, analytical procedures, and data reduction, validation, and reporting. These procedures must be consistent with. the Region IV Environmental Compliance Branch Standard
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Operating Procedures and Quality Assurance Manual and the guidances specified in Section VIII of the Consent Decree.
Settling Defendant shall demonstrate in advance and to EPA's satisfaction that each laboratory it may use is qualified to conduct. the proposed work and meets the requirements specified in Section VIII of the Consent Decree. EPA may require that Settling Defendant submit detailed information to demonstrate that the laboratory is qualified to conduct the work, including information on personnel qualifications, equipment and material specification, and laboratory analyses of performance samples (blank and/or spike . samples). In addition, EPA may require submittal of data packages equivalent to those generated by the EPA Contract Laboratory Program (CLP).
Health and Safety Plan
A Health and Safety Plan shall be prepared in conformance with Settling Defendant's health and safety program, and in compliance with OSHA regulations and protocols. The Health and Safety Plan shall include a health and safety risk analysis, a description of monitoring and personal protective equipment, medical monitoring, and provisions for site control. EPA will not approve Settling Defendant's Health and Safety Plan, but rather EPA will review it to ensure that all necessary elements are included, and that the plan provides for the protection of human health and the environment.
Treatabilitv Study Work Plan
Settling Defendant shall prepare a Treatability Study Work Plan for EPA review and approval. The purpose of the Treatability Study is to determine if the particular technology or vendor of this technology is capable of meeting the Performance Standards. As provided for in the Record of Decision, the Treatability Study Work Plan shall describe the groundwater in-situ bioremediation technology to be tested, and test objectives, experimental procedures, treatability conditions to be tested, measurements of performance, analytical methods, data management and analysis, health and safety, and residual waste management. The DOOs for the treatability study shall be documented as well. The Treatability Study Work Plan shall also describe pilot scale installation and start-up, pilot scale operation and maintenance procedures, and operating conditions to be tested. If testing is to .be performed off-site, permitting requirements shall be addressed. A schedule for performing the treatability study shall be included with specific
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dates for the tasks, including, but not limited to, the procurement of contractors and the completion of sample collection, performance, sample analysis, and report preparation. The Work Plan shall describe in detail the treatment process and how the proposed vendor or technology will meet the Performance Standards for the Site. Review and approval by EPA shall mean only that EPA considers the proposed technology, vendor, and study approach appropriate for the remedy selected for the Site. The Treatability Study Work Plan shall also address how Settling Defendant proposes to meet all discharge requirements for any and all treated material, air, water and expected effluents. Additionally, the Work Plan shall also explain the proposed final treatment and disposal of all material generated by the proposed treatment system. Any and all permitting requirements shall also be addressed.
Treatability Study Sampling and Analysis Plan
If EPA determines that the Remedial Design SAP is not adequate for defining the activities to be performed during the Treatability Study, a separate Treatability Study SAP shall be prepared by Settling Defendant for EPA review and approval. It shall be designed to monitor pilot plant performance.
Treatability Study Health and Safety Plan
If EPA determines that the Remedial Design Health and Safety Plan is not adequate for defining the activities to be performed during the Treatability Study, a separate Treatability Study Health and · Safety Plan shall be developed by Settling Defendant. EPA will not approve Settling Defendant's Health and Safety Plan, but rather EPA will review it to ensure that all necessary elements are included, and that the plan provides for the .protection of human health and the environment.
Preliminary Design
Preliminary Design shall begin with initial design and shall end with the completion of approximately 30 percent of the design effort. At this stage, Settling Defendant shall field verify, as necessary, the existing conditions of the Site. The technical requirements of the Remedial Action shall be addressed and outlined so that they may be re.viewed to determine. if the final design will provide an effective remedy. Supporting data and documentation shall be provided with the design documents defining the functional aspects of the project. EPA approval of the Preliminary Design is required before proceeding with further design work, unless specifically authorized by EPA. In accordance
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with the design management schedule established in the approved Remedial Design Work Plan, Settling Defendant shall submit to EPA the Preliminary Design submittal which shall consist of the following:
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Results of Data Acquisition Activities
Data gathered during the project planning phase shall be compiled, summarized, and submitted along with an analysis of the impact of the results on design activities. In addition, surveys conducted to establish topography, rights-of-way, easements, and utility lines shall be documented. Utility requirements and acquisition of . access, through purchases or easements, that are necessary to implement the RA shall also be discussed. ·
Design Criteria Report
The concepts supporting the technical aspects of the design shall be defined in detail and presented in this report. Specifically, the Design Criteria Report shall include the preliminary design assumptions and parameters, including:
a. Waste characterization•
b. Pretreatment requirements
c. Volume of each media requiring treatment
d. Treatment schemes (including all media and
by-products)
e. Input/output rates
f. Influent and effluent qualities
g. Materials and equipment
h. Performance Standards .
i. Long-term monitoring requirements
Preliminary Plans and Specifications
Settling Defendant shall submit an outline of the required drawings, including preliminary sketches and layouts, describing conceptual aspects of.the design, unit processes, etc. In addition, an outline of the required specifications, including Performance Standards, shall be submitted. Construction drawings shall reflect organization and clarity, and the scope of the technical specifications shall be outlined in a manner reflecting the final specifications.
Plan for Satisfying Permitting Requirements
All activities must be performed in accordance with the requirements of all applicable federal and state. laws and
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regulations. Any off-site disposal shall be in compliance with the policies stated in the Procedure for Planning and Implementing: Off-site Response Actions (Federal Register, Volume 50, Number 214, November, 1985, pages 45933 -45937) and Federal Register, Volume 55, Number 46, March 8, 1990, page 8840, and · the National Contingency Plan, Section 300.440. The plan shall identify the off-site disposal/discharge permits that are required, the time required to process the permit applications, and a schedule for submittal of the permit applications.
Treatability Study Final Report
Following completion of the study, Settling Defendant sh.all submit a report on the performance of the technology to EPA for review and approval. EPA will evaluate the results of the treatability study. for completeness and appropriateness based 6n site conditions. The study results shall indicate clearly the performance of the technology or vendor compared with the Performance Standards established for the Site. The report shall evaluate the treatment technology's effectiveness, implementability, cost, and actual results as compared with predicted results. The report shall also evaluate full-scale application of the technology, including a sensitivity analysis identifying the key parameters affecting full-scale operation. The study results shall be submitted to EPA immediately upon completio·n of the study. Should the results indicate that the proposed technology will meet the Performance Standards, EPA will instruct Settling Defendant to include the Treatability Study Final Report in the Preliminary Design Report and the study results and operating conditions. shall be used in the detailed design of the selected remedy. EPA approval of the Treatability Study Final Report shall mean only that EPA finds the · study methodology acceptable. EPA approval of the study, results, or the Treatability Study Final Report shall not imply or be construed to mean that EPA is warranting the performance of this or any vendor or technology. Should the treatability study not be approved by EPA, additional treatability studies may be required to fully evaluate the available treatment systems.
C. Intermediate Design
Intermediate Design shall begin with completion of the Preliminary Design and end with the completion of approximately 60 percent of the design effort. Settling Defendant shall submit to EPA the Intermediate Design submittal which shall consist of a continuation and expansion of the Preliminary Design submittal as may be modified by any value engineering recommendations adopted by Settling Defendant. Any value engineering recommendations adopted by Settling
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Defendant shall be summarized in a report submitted with the Intermediate Design. EPA comments on the Intermediate Design and· a memorandum indicating how EPA's comments were incorporated shall be included in the Prefinal/Final Design. The Intermediate Design shall be submitted in accordance with the approved design management schedule and shall consist of the following:
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Draft Design Analyses
The evaluations conducted to select the design approach shall be described. Design calculations shall be included.
Draft Plans and Specifications·
Draft construction drawings and specifications for all components of the Remedial Action shall be prepared and presented. All plans and specifications shall conform with the Construction Specifications Institute Master Format.
Draft Construction Schedule
Settling Defendant shall develop a Draft Construction Schedule for construction and implementation of the remedial action which identifies timing for initiation and completion of all critical path tasks. Settling Defendant shall specifically identify dates for completion of the project and major milestones.
D. Prefinal/Final Design
Settling Defendant shall submit the Prefinal Design when the design work is approximately 90 percent complete in accordance_ with the approved design management schedule. Settling Defendant shall address comments generated from the Intermediate Design Review and clearly show any modification of the design as a result of incorporation of the comments. Essentially, the Prefinal Design shall function as the draft version of the Final Design. After EPA review and comment on the Prefinal Design, the Final Design shall be submitted along with a memorandum indicating how the Prefinal Design comments were incorporated into the Final Design. All Final Design documents shall be certified by a Professional Engineer registered in the State of North Carolina. EPA written approval of the Final Design is required before initiating the RA, · unless specifically authorized by EPA. The following items shall be submitted with or as part of the Prefinal/Final Design:
1 . Complete Design Analyses
The selected design shall be presented along with an analysis
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supporting the design approach. Design calculations shall be included.
Final Plans and Specifications
A complete set of construction drawings and specifications shall be submitted which describe the selected design.
Final Construction Schedule
Settling Defendant shall submit a final construction schedule to EPA for approval.
Construction Cost Estimate
An estimate within + 15 percent to -10 percent of actual construction costs shall be submitted.
TASK Ill -REMEDIAL ACTION
Remedial Action shall be performed by Settling Defendant to implement the · response actions selected in the ROD.
A. Remedial Action Planning
Concurrent with the submittal of the Prefinal/Final Design, Settling Defendant shall submit a draft Remedial Action (RA) Work Plan, a Construction Management Plan, a Construction Quality Assurance Plan, and a Construction Health and Safety Plan/Contingency Plan. The RA Work Plan, Construction Management Plan, and Construction Quality Assurance Plan must be reviewed and approved by EPA and the Construction Health and Safety Plan/Contingency Plan reviewed by EPA prior to the initiation of the Remedial Action.
Upon approval of the Final Design and the RA Work Plan, Settling Defendant shall implement the RA Work Plan in accordance with the construction management schedule. Significant field changes to the RA as set forth in the RA Work Plan and Final Design shall not be undertaken without the approval of EPA. The RA shall be documented in enough detail to produce as-built construction drawings after the RA is complete. Deliverables shall be submitted to EPA for review and approval in accordance with Section XI of the Consent Decree. Review and/or approval of submittals does not imply acceptance of later submittals that have not been reviewed, nor that the.remedy, when constructed, will meet Performance Standards.
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RA Work Plan
A Work Plan which provides a detailed plan of action for completing the RA activities shall be submitted to EPA for review and approval. The objective of this work plan is to provide for the safe and efficient completion of the RA. The Work Plan shall be developed in conjunction with the Construction Management Plan, the Construction Quality Assurance Plan, and the Construction Health and Safety Plan/Contingency Plan, although each plan may be delivered under separate cover: The Work· Plan shall include a comprehensive description of the work to be performed and the Final Construction schedule for completion of each major activity and submission of each deliverable. The Work Plan· shall be developed in conjunction with the Construction Management Plan, the Construction Quality Assurance Plan, and the Construction Health and Safety Plan, although each may be delivered under separate cover.
Specifically, the Work Plan shall present the following:
a. A detailed description of the tasks to be performed and a description of the work products to be submitted to EPA. This includes the deliverables set forth in the remainder of Task Ill.
b.
C.
d.
A schedule for completion of each required activity and submission of each deliverable required by this Consent Decree, including those in this SOW.
A project management ·plan, including provision for monthly reports to EPA and meetings and presentations to EPA at the conclusion of each major phase of the RA. EPA's Project Coordinator and the Settling Defendant's Project Coordinator will meet, at a minimum, on a quarterly basis, unless EPA determines that such meeting is unnecessary.
A description of the community relations support activities to be conducted during the RA. At EPA's request, Settling · Defendant shall assist EPA in preparing and disseminating information to the public regarding the RA work to be performed.
Project Delivery Strategy
Settling Defendant shall submit a document to EPA for review and approval describing the strategy for delivering the project. This
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document shall address the management approach for · implementing the Remedial Action, including procurement meth.ods and contracting strategy, phasing alternatives, and contractor and equipment availability concerns. If the construction of the remedy is tci be accomplished by Settling Defendant's "in-house" resources, the document shall identify those resources.
Construction Management Plan
A Construction Management Plan shall be developed to indicate how the construction activities are to be implemented and coordinated with EPA during the RA. Settling Defendant shall · designate a person to be a Remedial Action Coordinat6r and its representative on-site during the Remedial Action, and identify this person in the Plan. This Plan shall also identify other key project management personnel and lines of authority, and provide descriptions of the duties of the key personnel along with an organizational chart. In addition, a plan for the administration of construction changes and EPA review and approval of those changes shall be included.
Construction Quality Assurance Plan
Settling Defendant shall develop and implement a Construction Quality Assurance Program to ensure, with a reasonable degree of certainty, that the completed Remedial Action meets or exceeds all design criteria, plans and specifications, and Performance Standards. The Construction Quality Assurance Plan shall incorporate relevant provisions of the Performance Standards Verification Plan (see Task V). At a minimum, the Construction Quality Assurance Plan shall include the following elements:
a. A description of the quality control organization, including a chart showing lines of authority, identification of the members of the Independent Quality Assurance Team (IQAT), and acknowledgment that the IQAT will implement the control system for all aspects of the work specified and shall report to the project coordinator an.d EPA. The IQAT members shall be representatives from testing and inspection organizations and/or the Supervising Contractor and shall be responsible for the QA/QC of the Remedial Action. The members of the IQAT shall have a good professional and ethical reputation, previous experience in the type of QA/QC activities to be implemented, and demonstrated capability to perform the required activities. They shall also be
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. independent of the construction contractor.
The name, qualifications, duties, authorities, and responsibilities of each person assigned a QC function.
Description of the observations and control testing that will be used to monitor the construction and/or installation of the components of the Remedial Action. This includes information which certifies that personnel and laboratories performing the tests are qualified and the equipment and procedures to be used comply with applicable standards. Any laboratories to be used shall be specified. Acceptance/Rejection criteria and plans for implementing corrective measures shall be addressed.
A schedule for managing submittals, testing, inspections, and any other QA function (including those of contractors, subcontractors, fabricators, suppliers, purchasing agents, etc.) that involve assuring quality workmanship, verifying compliance with the plans and specifications; or any other QC objectives. Inspections shall verify compliance with all environmental requirements and include, but not be limited to, air quality and emissions monitoring records and waste disposal records, etc.
Reporting procedures and reporting format for QA/QC activities including such items as daily summary reports, schedule of data submissions, inspection data sheets,
problem identification and corrective measures reports, evaluation reports, acceptance reports, and final documentation.
A list of definable features of the work to be performed. A definable feature of work is a task which is separate and distinct from other tasks and has separate control requirements.
Construction Health and Safety Plan/Contingency Plan
Settling Defendant shall prepare a Construction Health and Safety Plan/Contingency Plan in conformance with Settling Defendant's health and safety program, and in compliance with OSHA regulations and protocols. The Construction Health and Safety Plan shall include a health and safety risk analysis, a description of monitoring and personal protective equipment, medical monitoring, and site control. EPA will not approve Settling Defendant's
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Construction Health and Safety Plan/ Contingency Plan, but rather EPA will review it to ensure that all necessary elements are included, and that the plan provides for the protection of human' health and the environment. This plan shall include a Contingency Plan and incorporate Air Monitoring and Spill Control and Countermeasures Plans if determined by EPA to be applicable for the Site. The Contingency Plan is to be written for the onsite construction workers and the local affected population. It shall include the following items:
a. Name of person who will be responsible in' the event of an emergency incident.
b.
c.
d.
e.
f.
Plan for initial site safety indoctrination and training for all employees, name of the person who will give the training and the. topics to be covered.
Plan and date for meeting with the local community, including local, state and federal agencies involved in the cleanup, as well as the local emergency squads and the local hospitals.
A list of the first aid and medical facilities including, location of first aid kits, names of personnel trained in first aid, a clearly marked map with the route to the nearest medical facility, all necessary emergency phone numbers conspicuously posted at the job site (i.e., fire, rescue, local hazardous material teams, National Emergency Response Team, etc.) •
Plans for protection of public and visitors to the job site.
Air Monitoring Plan which incorporates the following requirements:
1) Air monitoring shall be conducted both on Site and at the perimeter of the Site. The chemical constituents that were identified during the Risk Assessment shall serve as a basis· of the sampling for and measurement of pollutants in the atmosphere. Settling Defendant shall clearly identify these compounds and the detection and notification levels required in Paragraph 4 below. Air monitoring shall include personnel monitoring, on-site area monitoring, and perimeter monitoring.
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2) Personnel Monitoring shall be conducted according to OSHA and NIOSH regulations and guidance.
3) Onsite Area Monitoring shall consist of continuous real-time monitoring performed immediately adjacent to any waste excavation areas, treatment areas, and any other applicable areas when work is occurring. Measurements shall be taken in the breathing zones of personnel and immediately upwind and downwind of the work areas. Equipment shall include the following, at a minimum: organic vapor meter, explosion meter, particulate monitoring equipment, and onsite windsock.
4) Perimeter Monitoring shall consist of monitoring airborne contaminants at the perimeter of the· Site to determine whether harmful concentrations of toxic constituents are migrating off-site. EPA approved methods shall be used for sampling and analysis of air at the Site perimeter. The results of the perimeter air monitoring and the on-site meteorological station shall be used to assess the potential for off-site exposure to toxic materials. The air monitoring program shall include provisions for notifying nearby residents, local, state and federal agencies in the event that unacceptable concentrations of airborne toxic constituents are migrating off-site. Settling Defendant shall report detection of unacceptable levels of airborne contaminants to EPA in accordance with Section X of the Consent Decree.
A Spill Control and Countermeasures Plan which shall include the following:
1) Contingency measures for potential spills and discharges from materials handling and/or transportation.
2) A• description of the methods, means, and facilities required to prevent contamination of soil, water, atmosphere, and uncontaminated structures, equipment, or material by spills or discharges.
3) A description of the equipment and personnel necessary to perform emergency measures required to contain any spillage and to remove spilled materials and soils or liquids that become contaminated due to spillage. This collected spill material must be properly disposed of.
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4) A description of the equipment and personnel to perform decontamination measures that may be required for previously uncontaminated structures, equipment, or material.
B. Preconstruction Conference
A Preconstruction Conference shall be held after selection of the construction contractor but before initiation of construction. This conference shall include Settling Defendant and federal, state and local government agencien and shall:
1 . Define the roles, relationships, and responsibilities of all parties;
2.
3.
4.
5.
6.
Review methods for documenting and reporting inspection data;
Review methods for distributing and storing documents and reports;
Review work area security and safety protocols;
Review the Construction Schedule;
Conduct a site reconnaissance to verify that the design criteria and the plans specifications are understood and to review material and equipment storage locations.
The Preconstruction Conference must be documented, including names of people in attendance, issues discussed, clarifications made, special instructions issued, etc.
C. Prefinal Construction Inspection
Upon preliminary project completion Settling Defendant shall notify EPA for the purpose of conducting a Prefinal Construction Inspection. Participants should include the Project Coordinators, Supervising Contractor, Construction Contractor, Natural Resource Trustees and other federal, state, and local agencies with a jurisdictional interest. The Prefinal Inspection shall consist of a walk-through inspection of the entire project site. The objective of the inspection is to determine whether the construction is complete and consistent with the Consent Decree. Any outstanding construction items discovered during the inspection shall be identified and noted on a punch list. Additionally, treatment equipment shall be operationally tested by Settling Defendant. Settling Defendant shall certify that the equipment has performed to effectively meet the purpose and intent of the specifications. Retesting shall be completed where deficiencies are revealed. A Prefinal Construction Inspection Report shall be submitted by Settling Defendant which outlines the outstanding construction
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items, actions required to resolve the items, completion date for the items, and an anticipated date for the Final Inspection.
D. Final Construction Inspection
Upon completion of all outstanding construction items, Settling Defendant shall notify EPA for the purpose of conducting a Final Construction Inspection. The Final Construction Inspection shall consist of a walk-through inspection of the entire project site. The Prefinal Construction Inspection Report shall be used as a check list with the Final Construction Inspection focusing on the outstanding construction items identified in the Prefinal Construction Inspection. All tests that were originally unsatisfactory shall be conducted again. Confirma.tion shall be made during the Final Construction Inspection that all outstanding items have been resolved. Any outstanding construction items discovered during the inspection still requiring correction shall be identified and noted on a punch list. If any items are still unresolved, the inspection shall be considered to be a Prefinal Construction Inspection requiring another Prefinal Construction Inspection Report and subsequent Final Construction Inspection.
E. Final Construction Report
Within thirty (30) days following the conclusion of the Final Construction Inspection, Settling Defendant shall submit a Final Construction Report. EPA will review the draft report and will provide comments to Settling Defendant. The Final Construction Report shall include the following:
F.
1 . Brief description of how outstanding items noted in the Prefinal Inspection were resolved;
2. Explanation of modifications made during the RA to the original RD and RA Work Plans and why these changes were made;
3. As-built drawings.
4. Synopsis of the construction work defined in the SOW and certification that the construction work has been completed.
Remedial Action Report
As provided in Section XIV of the Consent Decree, within 90 days after Settling Defendant conclude that the Remedial Action has been fully performed and the Performance Standards have been attained, Settling Defendant shall so certify to the United States and shall schedule and conduct a pre-certification inspection to be attended by EPA and Settling Defendant. If after the pre-certification inspection Settling Defendant still believes that the Remedial Action has been fully performed and the Performance Standards have been attained, Settling
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Defendant shall submit a Remedial Action (RA) Report to EPA in accordance with Section XV of the Consent Decree. The RA Report shall include the following:
1.
2.
3.
4.
A copy of the Final Construction Report;
Synopsis of the work defined in this SOW and a demonstration in accordance with the Performance Standards Verification Plan that Performance Standards have been achieved;
Certification that the Remedial Action has been completed in full satisfaction of the requirements of the Consent Decree, and; A description of how Settling Defendant will implement any remaining part of the EPA approved Operation and Maintain Plan.
After EPA review, Settling Defendant shall address any comments and submit a revised report. As provided in Section XV of the Consent Decree, the Remedial Action shall not be considered complete until EPA approves the RA Report.
TASK IV -OPERATION AND MAINTENANCE
Operation ·and Maintenance (O&M) shall be performed in accordance with the approved Operation and Maintenance-Plan.
A. Operation and Maintenance Plan
At the 30 percent construction stage, Settling Defendant shall submit an Operation and Maintenance Plan for review. The Operation and Maintenance Plan must be reviewed and approved by EPA prior to initiation of Operation and Maintenance activities. If necessary, the Operation and Maintenance Pl<!n shall be modified to incorporate any design modifications implemented during the Remedial Action.
Upon approval of the Operation and Maintenance Plan, Settling Defendant shall implement the Operation and Maintenance Plan in accordance with the schedule contained therein. This plan shall describe start-up procedures, operation, troubleshooting, training, and evaluation activities that shall be carried out by · Settling Defendant. The plan shall address the following elements:
1. Equipment start-up and operator training;
a. Technical specifications governing treatment systems;
b. Requirements for providing appropriate service visits by experienced personnel to supervise the installation,
adjustment, start-up and operation of the systems; and,
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C. Schedule for training personnel regarding appropriate operational procedures once start-up has been successfully completed.
2. Description of normal operation and maintenance;
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b.
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d.
Description of tasks required for system operation;
Description of tasks required for system maintenance;
Description of prescribed treatment or operating conditions; and
Schedule showing the required freq!,Jency for each O&M task.
3. Description of potential operating problems;
a.
b.
C.
Description and analysis of potential operating problems;
Sources of information regarding problems; and
Common remedies or anticipated corrective actions.
4. Description of routine monitoring and laboratory testing;
5.
6.
a. Description of monitoring tasks;
b.
c.
d.
Description of required laboratory tests and their interpretation;
Required QA/QC; and
Schedule of monitoring frequency and date, if appropriate, when monitoring may cease.
Description of alternate O&M;
a. Should system fail, alternate procedures to prevent undue hazard; and
b. Analysis of vulnerability and additional resource requirements should a failure occur.
Safety Plan;
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a. Description of precautions to be taken and required health and safety equipment, etc., for site personnel protection, and
b. Safety tasks required in the event of systems failure.
Description of equipment;
a. Equipment identification;
b.
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d.
Installation of monitoring components;
Maintenance of site equipment; and
Replacement schedule for equipment and. installation components.
Records and reporting;
a. Daily operating logs;
b. Laboratory records;
C.
d.
e.
f.
Records of operating cost;
Mechanism for.reporting emergencies;
Personnel and Maintenance Records; and
Monthly reports to State/Federal Agencies.
Operation and Maintenance Manual
At the 30 percent construction stage, Settling Defendant shall submit an O&M manual for review. This manual shall include all necessary O&M information for the operating personnel. The O&M manual must be reviewed and approved by EPA prior to initiation of Operation and Maintenance activities.
TASK V -PERFORMANCE MONITORING
Performance monitoring shall be conducted to ensure that all Performance Standards are met.
A. Performance Standards Verification Plan
The purpose of the Pert.ormance Standards Verification Plan is to provide a mechanism to ensure that both short-term and long-term Performance Standards
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for the Remedial Action are met. Guidances used in developing the Sampling and Analysis Plan· during the Remedial Design phase shall be used. Settling Defendant shall submit a Performance Standards Verification Plan with the Intermediate Design. Once approved, Settling Defendant shall implement the Performance Standards Verification Plan on the approved schedule. The Performance Standards Verification Plan shall include:
1.
2.
3.
The Performance Standards Verification Field Sampling and Analysis Plan that provides guidance for all fieldwork by defining in detail the sampling and data gathering methods to be •Jsed. The Performance Standards Verification Field Sampling and Analysis Plan shall be written so that a field sampling team unfamiliar with the Site would be able to gather the samples and field information required.
The Performance Standards Verification Quality Assurance/Quality Control plan that describes the quality assurance and quality control protocols which will be followed in demonstrating compliance with Performance standards.
Specification of those tasks to be performed by Settling Defendant to demonstrate compliance with the Performance Standards and a schedule for the performance of these tasks.
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REFERENCES
The following list, although not comprehensive, comprises many of the regulations and guidance documents that apply to the RD/RA process. Settling Defendant shall review these guidances and shall use the information provided therein in performing the RD/RA and preparing all deliverables under this SOW.
1. "National Oil and Hazardous Substances Pollution Contingency Plan, Final Rule", Federal Register 40 CFR Part 300, March 8, 1990.
2. "Superfund Remedial Design and Remedial Action Guidance," U.S. EPA, . Office of Emergency and Remedial Response, June 1986,. OSWER Directive No. 9355.0AA.
3. "Interim Final Guidance on Oversight of Remedial Designs and Remedial Actions Performed by Potentially Responsible Parties," U.S. EPA, Office . of Emergency and Remedial Response, February 14, 1990, OSWER Directive No. 9355.5-01.
4. "Guidance for Conducting Remedial Investigations and Feasibility Studies Under CERCLA, Interim Final," U.S. EPA, Office of Emergency and Remedial Response, October 1988; OSWER Directive No. 355.3-01.
5. "A Compendium of Superfund Field Operations Methods," Two Volumes, U.S. EPA, Office of Emergency and Remedial Response, EPA/540/P-87/001a, August 1987, OSWER Directive No. 9355.0-14.
6. "EPA NEIC Policies and Procedures Manual," EPA-330/9-78-001-R, May 1978, revised November 1984.
7. ."Data Quality Objectives for Remedial Response Activities," U.S. EPA, Office of Emergency and Remedial Response and Office of Waste Programs · Enforcement, EPA/540/G-87/003, March 1987, OSWER Directive No. 9335.0-78.
8. "Guidelines and Specifications for Preparing Quality Assurance Project Plans," U.S. EPA, Office of Research and. Development, Cincinnati, OH, QAMS-004/80, December 29, 1980.
9. "Interim Guidelines and Specifications for Preparing Quality Assurance Project Plans," U.S. EPA, Office of Emergency and Remedial Response, QAMS-005/80, December 1980.
10. "Users Guide to the EPA Contract Laboratory Program," U.S. EPA, Sample Management Office, August 1982.
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11. "Environmental Compliance Branch Standard Operating Procedures and Quality Assurance Manual," U.S. EPA Region IV, Environmental Services Division, February 1, 1991, (revised periodically).
12. "USEPA Contract Laboratory Program Statement of Work for Organics Analysis," U.S. EPA, Office of Emergency and Remedial Response, February 1988.
13. "USEPA Contract Laboratory Program Statement of Work for lnorganics Analysis," U.S. EPA, Office of Emergency and Remedial Response, July 1988.
14. "Quality in the Constructed Project: A Guideline for Owners, Designers, and Constructors, Volume 1, Preliminary Edition for Trial Use and Comment," American Society of Civil Engineers, May .1988.
15. "Interim Guidance on Compliance with Applicable or Relevant and Appropriate Requirements," U.S. EPA, Office of Emergency and Remedial Response, July 9, 1987, OSWER Directive No. 9234:0-05.
16. "CERCLA Compliance with Other Laws Manual," Two Volumes, U.S. EPA, Office of Emergency and Remedial Response, August 1988 (Draft), OSWER Directive No. 9234.1-01 and -02.
17. "Guidance on Remedial Actions for Contaminated Ground Water at Superfund Sites," U.S. EPA, Office of Emergency and Remedial Response, (Draft), OSWER Directive No. 9283.1-2.
18. "Guide for Conducting Treatability Studies Under CERCLA," U.S. EPA, Office of Emergency and Remedial Response, Pre-publication Version.
19. "Health and Safety Requirements of Employees Employed . in Field Activities," U.S. EPA, Office of Emergency and Remedial Response, July 12, 1981, EPA Order No. 1440.2.
20. "Standard Operating Safety Guides," U.S. EPA, Office of Emerg_ency and Remedial Response, November 1984.
21. "Standards for General Industry," 29 CFR Part 1910, Occupational Health and Safety Administration.
22. "Standards for the Construction Industry," 29 CFR 1926, Occupational Health and Safety Administration.
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23. "NIOSH Manual of Analytical Methods," 2d edition. Volumes I -VII, or the 3rd edition, Volumes I and II, National Institute of Occupational Safety and Health.
24. "Occupational Safety and Health Guidance Manual for Hazardous Waste Site Activities," National Institute of Occupational Safety and Health/Occupational Health and Safety Administration/United States Coast Guard/ Environmental Protection Agency, Octotier 1985.
25. "TL Vs -Threshold Limit Values and Biological Exposure lndicEs for 1987 -88," American Conference of Governmental Industrial Hygienists.
26. "American National Standards Practices for Respiratory Protection," American National Standards Institute 288.2-1980, March 11, 1981.
27. "Quality in the Constructed Project -Volume 1," American Society of Civil Engineers, 1990.
[Other guidances referenced in CD that are not listed above (i.e. QA, Sample and Data Analysis, etc.)]
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SUMMARY OF THE MAJOR DELIVERABLES FOR THE REMEDIAL DESIGN AND REMEDIAL ACTION AT THE GENERAL ELECTRIC/SHEPHERD FARM SUPERFUND SITE
DELIVERABLE
TASK I PROJECT PLANNING
No deliverables planned as part of Task I.
TASK 11 REMEDIAL DESIGN
RD Work Plan (5')
Sampling and Analysis Plan (5)
Health and Safety Plan (5)
Treatability Study Work Plan (7)
Treatability Study Sampling and
Analysis Plan (5)
Treatability Study Health and
Safety Plan (5)
Preliminary Design
Results of Data Acquisition
Activities (5)
Design Criteria Report (5)
Preliminary Plans and
Specifications (5)
Plan for Satisfying Permitting
Requirements (5)
Treatability Study Final
Report (5) ·
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EPA RESPONSE
Review and Approve
Review and Approve
Review and Comment
Review and Approve
Review and Approve
Review and Comment
Review and Approve
Review and Approve
Review and Approve
Review and Approve
Review and Approve
g
I Intermediate Design
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Draft Design Analyses (5)
Draft Plans and
Specifications (5)
Draft Construction Schedule
Prefinal/Final Design
Complete Design Analyses (5)
Final Plans and
Specifications (5)
Final Construction
Schedule (5)
Construction Cost Estimate (5)
TASK Ill REMEDIAL ACTION
RA Work Plan (5)
Project Delivery Strategy (5)
Construction Management Plan (5)
Construction Quality Assurance
Plan (5)
Construction Health and Safety
Plan/Contingency Plan (5)
Prefinal Construction
Inspection Report (5)
Final Construction Report (5)
Remedial Action Report (5)
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Review and Comment
Review and Comment
Review and Comment
. Review and Approve
Review and Approve
Review and Approve
Review and Comment
Review and Approve
Review and Appfove
Review and Approve
Review and Approve
Review and Comment
Review and Approve
Review and Approve
Review and Approve
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TASK IV OPERATION AND MAINTENANCE
Operation and Maintenance Plan (5)
Operation and Maintenance
Manual (5)
TASK V Monitoring·
Performance Standards Verification
Plan (5)
Review and Approve
Review and Approve
Review and Approve .
• NOTE: The number in parenthesis indicates the number of copies to be submitted by Settling Defendant. One copy shall be unbound, the remainder shall be bound.
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