NCD980729602_19911024_Jadco-Hughes_FRBCERCLA RA_Compliance Orders-OCR

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OCT ?. 4 1991
4WD-NSRB
Lee Crosby
North Carolina Department of Environment, Health & Natural Resources
401 Oberlin Road
Raleigh, North Carolina 27605
Re: Jadco-Hughes superfund site
Nor.th Belmont, North Carolina
Dear Ms. Crosby:
Please find a copy of the 106 unilateral Order (UAO) issued to the
Jadco-Hughes steering Committee of potentially responsible parties,
(PRPs) enclosed. In compliance with the order, the Remedial Design
was received by the Agency and is currently being reviewed. Bruce
Nicholson of North Carolina's Superfund Branch has assured me that he
will have North Carolina's comments to me no later than November 7,
1991. EPA's comments will be submitted to the steering Committee by
November 14, 1991.
Please contact me if you have any questions concerning the UAO. I
can be reached at 404/347-7791.
Sincerely, /
,/}2/t,t~Uu(_j ;D;?uo·;-c.
/~~ara H. Benoy
Remedial Project Manager
North Superfund Remedial Branch
Enclosure
cc: Bill Meyer, NCDEHNR
Reuben Bussey, EPA-ORC
Printed on Recycled Paper
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UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY
REGION IV
JADCO/HUGHES SUPERFUND SITE
UNILATERAL ADMINISTRATIVE ORDER
(Remedial Design/Remedial Action)
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TABLE OF CONTENTS
I. INTRODUCTION AND JURISDICTION ........................ 2
II. PARTIES BOUND ........................................ 2
III. DEFINITIONS ............................................ 4
IV. FINDINGS OF FACT ...................................... 8
V. CONCLUSIONS OF LAW AND DETERMINATIONS ................ 19
VI. NOTICE TO THE STATE .................................. 2 0
VII. ORDER ................................................ 21
VI I I . WORK TO BE PERFORMED .................................. 2 1
IX. FAILURE TO ATTAIN PERFORMANCE STANDARDS .............. 30
X. EPA PERIODIC REVIEW .................................. 31
XI. ADDITIONAL WORK ......... , ............................ 31
XII. ENDANGERMENT AND EMERGENCY RESPONSE .................. 32
XIII. EPA REVIEW OF SUBMISSIONS ............................ 33
XIV. PROGRESS REPORTS ..................................... 34
XV. QUALITY ASSURANCE SAMPLING AND DATA ANALYSIS ......... 36
XVI. COMPLIANCE WITH APPLICABLE LAWS ...................... 38
XVI I. PROJECT COORDINATORS ................................. 3 9
XVI I I . SITE ACCESS .......................................... 4 0
XIX. ACCESS TO SITE NOT OWNED BY RESPONDENTS .............. 41
XX. ACCESS TO INFORMATION AND DATA/DOCUMENT AVAILABILITY.43
XXI. RECORD PRESERVATION ............................ , ...... 4 4
XXII. DELAY IN PERFORMANCE .............. ; .................. 45
XXIII. ASSURANCE OF ABILITY TO COMPLETE WORK AND INSURANCE .. 46
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XXIV. UNITED STATES NOT LIABLE .•...•..•.................... 48
XXV. CERTIFICATION OF COMPLETION •••.••••..••..•••.......•• 4 9
XXVI. ENFORCEMENT AND RESERVATIONS ••.••.•••.•.••.•......... 50
XXVII. EFFECTIVE DATE AND COMPUTATION OF TIME •...••••...•... 51
XXVIII. NOTICE OF INTENT TO COMPLY .•.•..•••••••••..•.••••.... 52
XXIX. OPPORTUNITY TO CONFER .•.••••..•..••••••.••.•••..••.•. 52
XXX. MODIFICATION ••••........•.••.•....•.•.•.••••.....•••. 5 3
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UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY
REGION IV
IN THE MATTER OF:
The JADCO/Hughes Superfund Site
North Belmont, Gaston County,
North Carolina,
Lemmie Fite Baker
Gladys W. Fite
Laminta,F. Fite
Saralyn Fite Severs
Joyce Fite Yandle
C.A. Hughes, Inc.
JADCO, Inc. -
Athol Manufacturing Corp.
BASF Corporation
Benjamin Moore & Co.
Carolina Coatings, Inc.
Chevron Corporation
Eaton Corporation
E.I. DuPont DE Nemours and
Company Incorporated
Guardsman Products, Inc.
Hoechst Celanese Corporation
Homelite Division of
Textron, Inc
Knight Publishing Co., Inc.
Mallinckrodt, Inc.
Milliken & Company
National Starch and Chemical
Company
Occidental Chemical Corporation
R.J. Reynolds Industries, Inc.
Rexham Corporation
Reynolds Metals Company
Rospatch Corporation
Sinclair & Valentine, LP
The Singer Company
· Strawberry Hill. Press, Inc.
Uniroyal Chemical Company, Inc.
United Technologies Corporation
Venture Packaging, Inc.
Waste Management of
Carolinas, Inc.
Wikoff Color Corporation
Respondents.
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) Proceeding Under Section
) 106(a) of the Comprehensive
) Environmental Response
) Compensation, and Liability
) Act of 1980, as amended by
) the Superfund Amendments
) and Reauthorization Act of
) 1986
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) 42 U.S.C. S 9606(a)
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) U.S. EPA Docket No. 91-31-C
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UNILATERAL ADMINISTRATIVE ORDER
FOR REMEDIAL DESIGN AND REMEDIAL ACTION
I. INTRODUCTION AND JURISDICTION
This Unilateral Administrative Order For Remedial Design and
Remedial Action ("the Order'') directs Respondents to develop the
Remedial Design (RD) for the remedy described in the Record of
Decision (ROD) dated September 27, 1990, for the JADCO/Hughes
Superfund Site (hereinafter referred to alternately as "the
Site" or "the Facility''), and to implement the Remedial Design
by performing a Remedial Action (RA), including Operation and
Maintenance. This Order is issued to Respondents by the United
States Environmental Protection Agency (EPA) under the authority
vested in the President of the United States by Section 106(a)
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), as amended, 42 U.S.C. S 9606(a).
This authority was delegated to the Administrator of EPA on
January 23, 1987, by Executive Order 12580 (52 Fed. Reg. 2926,
January 29, 1987), and was further delegated to EPA Regional
Administrators on September 13, 1987, by EPA Delegation No.
14-14-B and redelegated to the Director, Waste Management
Division on January 5, 1989, by Regional Delegation No. 8-14-A.
II. PARTIES BOUND
A. This Order applies to and .shall be binding upon
Respondents, as identified in Section IV, their directors,
officers, employees, agents, successors, and assigns.
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Respondents are jointly and severally responsible for carrying
out all activities required by this Order. No change in the
ownership or corporate or other control of any of the
Respondents shall alter the Respondents' responsibilities under
this Order.
B. Respondents shall provide a copy of this Order to any
prospective owners or successors before property rights, stock,
or assets are transferred. Respondents shall provide a copy of
this Order to all contractors, sub-contractors, laboratories,
and consultants retained to perform any Work under this Order,
within five (5) days after the effective date of this Order, or
on the date such services are retained, whichever date occurs
later. Notwithstanding the terms of any contract, Respondents
are responsible for ensuring that their contractors,
sub-contractors, and agents perform the Work contemplated.herein
in accordance with this Order.
C. With regard to the activities undertaken pursuant to
this Order, each contractor, sub-contractor, and agent shall be
deemed to be related by contract to the Respondents within the
meaning of Section 107(b)(3) of CERCLA, 42 u.s.c. § 9607(b)(3).
D, Within five (5) days after the effective date of this
Order, each Respondent that owns property at the Site shall
record a copy or copies of this Order in the appropriate office
where land ownership and transfer records are filed or recorded,
and shall ensure that the recording of this Order is indexed to
the titles of each and every property at the Site so as to
provide notice to third parties of the issuance and terms of
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this Order with respect to those properties. Respondents shall, ;
within fifteen (15) days after the effective date of this Order,
send notice of such recording and indexing to EPA.
E. Not later than sixty (60) days prior to any transfer of
any real property intere~t in any property included within the
Site, Respondents that own property at the Site shall submit a
true and correct copy of the transfer document(s) to EPA, and
shall identify the transferee(s) by name, principal business
address, and effective date of the transfer.
III. DEFINITIONS
Unless noted to the contrary, the terms of this
Administrative Order shall have the meaning assigned to those
terms pursuant to CERCLA or the regulations promulgated under
CERCLA. Whenever the terms listed below are used in this
Administrative Order and Appendices attached hereto, the
following definitions shall apply:
A. "CERCLA" shall mean the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as amended,
42 u.s.c. §§ 9601 to 9675.
B. "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 Order, where the 1ast day would fall on a
Saturday, Sunday, or federal holiday, the period shall run until
the end of the next working day.
\
C. "EPA" shall mean the United States Environm~ntal
Protection Agency.
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D. "Facility" shall mean any facility meeting the
definition provided in Section 101(9) of CERCLA, 42 U.S.C.
§ 9601(9).
E. ''Hazardous Substance'' shall mean any substance meeting·
the definition provided in Section 101(14) of CERCLA, 42 U.S.C.
§ 9601(14).
F. "National Contingency Plan'' or "NCP" shall mean the
National Oil and Hazardous Substances Pollution Contin·gency Plan
promulgated pursuant to Section 105 of CERCLA, 42 U.S.C. § 9605,
codified at 40 C.F.R. Part 300, including any amendments
thereto.
G. "Oper~tion and Maintenance'' shall mean all operation and
·maintenance activities required by the ROD and the Final
Operation and Maintenance Plan developed by Respondents and
approved by EPA pursuant to this Order, including any additional
activities required by Sections X, XI, and XII.
H. "Paragraph'' shall mean a portion of this Order
identified by a capital letter.
I. "Parties" shall mean EPA and the Respondents.
J. "Performance Standards" shall mean those cleanup
standards.and goals, standards of control, and other substantive
requirements, criteria or limitations, identified in the ROD,
the Remedial Action Work Plan, the Remedial Design Work Plan,
and the Remedial Design developed by Respondents and approved by
EPA pursuant to this Order, including any additional activities
required by Sections X, XI and XII.
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K. "Pollutant or Contaminant" shall mean any substance
defined in Section 101(33) of CERCLA, 42 U.S.C. § 9601(33).
L. "Record of Decision'' or ''ROD" shall mean the EPA Record
of Decision relating to the Site which was signed on September
27, 1990, by the Regional Administrator, EPA Region IV, and all
attachments thereto, including any Explanations of Significant
Differences (ESD) issued under the NCP with regard to the ROD.
The ROD is attached as Appendix 1 and incorporated herein by
reference.
M. "Remedial Action" shall mean all property acquisition,
excavation, transportation, construction, treatment, or other
similar activities required by the ROD, and the Remedial Action
·Work Plan developed by Respondents and approved by EPA pursuant
to this Order, including any additional activities required by~
Sections X, XI and XII.
N. "Remedial Design" shall mean all studies,
investigations, or surveys ·conducted, and reports, plans, and
specifications prepared that are necessary to implement the
Remedial Action and Operation and Maintenance required by the
ROD and the Remedial Design Work Plan developed by Respondents
and approved by EPA pursuant to this Order, including any
additional activities required by Sections X, XI, and XII.
0. "Response Costs" shall mean any costs, including
indirect costs, incurred by Respondents .pursuant to 42 U.S.C.
§§ 9601 to 9675.
P. "Scope of Work" or "SOW" shall mean the Scope of Work
for implementation of the Remedial Design, Remedial Action, and
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Operation and Maintenance work at the Site. The SOW is attached
as Appendix 2 to this Order and is incorporated herein by
reference.
Q. ''Section'' shall mean a portion of this Order identified
by a Roman numeral.
R, "Site" shall mean the JADCO/Hughes Superfund Site,
encompassing approximately six acres, located on Cason Street in
unincorporated North Belmont, Gaston County, North Carolina, as
described in the Record of Decision and depicted by the map at
Appendix 3. Notwithstanding the Site boundaries depicted by the
map at Appendix 3, the Site includes all areas to which Waste
Materials released at the Site have migrated and all areas in
close proximity to the contamination that are necessary for
implementation of the Work.
S. "State'' shall mean the State of North Carolina
Department of Environment, Health and Natural Resources;
Division of Solid Waste Management (DEHNR).
T. "United States" shall mean the United States of America,
including the Department of Justice and the United States
Environmental Protection Agency.
U. "Work" shall mean all activities Respondents are
required to perform under this Order, to implement the ROD,
including Remedial Design, Remedial Action, and Operation and
Maintenance in accordance with Section VIII, hereof, and any ..
schedules or plans required to be submitted pursuant thereto,
~ncluding any additional work required under Sections IX, X, XI,
XII, XIV, and XVI.
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IV. FINDINGS OF FACT
A. The JADCO/Hughes Superfund Site is located on Cason
Street in unincorporated North Belmont, Gaston County, North
Carolina. The Site encompasses approximately six acres and is
situated in an area of mixed residential and industrial land
use.
B. C. A. Hughes, Inc., a North Carolina corporation leased
the property on which the Site is situated from John L. Fite in
1971 and operated the facility.from 1971 tc 1975. C.A. Hughes,
Inc. engaged in the business of solvent recovery and accepted
waste chemicals for distillation and resale and for storage and
disposal on the Site. The company's disposal activities also
included the operation of an incinerator. In 1975, JADCO, Inc.,
a South Carolina corporation, took over the operation of the
Site pursuant to lease agreement with C.A. Hughes, Inc., and
continued to operate the Site until August 1975. During the
period of the C.A. Hughes, Inc. and JADCO, Inc. operations
(1971-1975), approximately 10,000 55-gallon drums of chemical
and other wastes were accumulated and deposited on the Site.
Several large storage tanks were used for storage and disposal
of waste materials on the Site. In August 1975, the State of
North Carolina filed a state court action against C.A. Hughes,
Inc. and JADCO, Inc. seeking to halt site operations and the
removal of accumulated wastes. State of North Carolina records
indicate that the following chemicals and substances were stored
or deposited on the Site: xylene, toluene, acetone, hexane,
polychlorinated biphenyls (PCBs), methanol, ethanol, isopropyl
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alcohol, ethyl ketone, heptane, alcohol ethers, petroleum
ethers, oil, hydrocarbon fuels, lacquers, lacquer thinners,
hydraulic fluids, solvents, paint removers and thinners,
"cleaning solutions'', water and oil mixtures, water soluble
collants, paints, paint by-products, greases, paint wash, ink
wash containing ethyl alcohol, ethyl acetate, chlorinated
solvents, benzene, phenol and derivatives, ethylene glycol,
soluble and insoluble glue waste, isobutyl alcohol, waste paint
and resins, varnishes, various finishes and magnesium.
C. C. A. Hughes, Inc .. leased the property on which the Site
is located in 1971 and operated the property as a waste
treatment, storage and disposal facility from 1971 to 1975.
D. JADCO, Inc. leased certain equipment including, but not
limited to, a still, thin-film evaporator, liquid incinerator, a
boiler and several storage tanks from C. A. Hughes, Inc. JADCO,
Inc. operated the Site from May 1975 to August 1975.
E. Lemmie Fite Baker, Gladys W. Fite, Laminta Foard Fite,
Saralyn Fite Severs and Joyce Fite Yandle acquired by
inheritance their respective interests in the property on which
the Site is situated, and are the present owners of the Site.
F. Eaton Corporation arranged for disposal or treatment, or
arranged with a transporter for transport for disposal or
treatment, at the Site, of waste solvent owned or possessed by
Eaton Corporation. Hazardous substances of the same kind as
those owned or possessed by Eaton Corporation are present at the
Site.
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G. Uniroyal Chemical Company, Inc. arranged for disposal or
treatment, or arranged with a transporter for transport for
disposal or treatment, at the Site, of waste material owned or
possessed by Uniroyal Chemical Company, Inc. Waste material
caused to be transported to the Site by Uniroyal Chemical
Company, rnc. were contaminated with hazardous substances
including acrylic latex, processing tank wash water and
coagulated latex waste. Hazardous substances of the same kind
as those owned or possessed by Uniroyal Chemical Company, Inc.
are present at the Site.
H. Athol Manufacturing Corp. (''Athol") engaged in a
solvent-reclamation project with C.A. Hughes, Inc. and JADCO,
Inc. pursuant to which Athol arranged for disposal or treatment,
•'
or arranged with a transporter for transport for disposal or
treatment, at the Site, of waste solvent owned or possessed by
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Athol Manufacturing Corp. Hazardous substances of the same kind
as those owned or possessed by Athol Manufacturing Corp. are
present at the Site.
I. National Starch and Chemical Company, purchaser and
successor of Proctor Chemical, Inc., in the person of its
predecessor in interest, arranged for disposal or treatment, or
arranged for the transport for disposal or treatment, at the
Site, of flammable waste owned or po,sessed by National Starch
and Chemical Company. Hazardous substances of the same kind as
those owned or possessed by National Starch and Chemical Company
are present at the Site. \ I
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J. Hoechst Celanese Corporation, purchaser and successor of
Celanese Corporation, in the person of its predecessor in
interest arranged for disposal or treatment, or arranged for the
transport for disposal or treatment, at the Site, of chemical
waste owned or possessed by Hoechst Celanese Corporation.
Hazardous substances of the same kind as those owned or
possessed by Hoechst Celanese Corporation are present at the
Site.
K. Chevron Corporation, parent company of Harshaw Chemical
Company, through its subsidiary, arranged for disposal or
treatment, or arranged with a transporter for transport for
disposal or treatment, at the Site, of a hazardous waste
material owned or possessed by Chevron Corporation. Hazardous
substances of the same.kind as those owned or possessed by
Chevron Corporation are present at the Site.
L. R. J. Reynolds Industries, Inc. arranged for disposal or
treatment, or arranged with a transporter for transport for
disposal or treatment, at the Site, of aqueous waste and waste
solvent owned or possessed by R. J. Reynolds Industries, Inc.
Hazardous substances of the same kind as those owned or
possessed by R. J. Reynolds Industries, Inc. are present at the
Site.
M. Knight Publishing Co., Inc. arranged for disposal or
treatment, or arranged for the transport for disposal or
treatment, at the Site, of waste solvent owned ·or possesed by.
Knight Publishing Co., Inc .. Hazardous substances of the same •
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kind as those owned or possessed by Knight Publishing Co., Inc.
are present at the Site.
N. Rexham Cor'poration arranged for disposal or treatment;
or arranged with a transporter for transport for disposal or
treatment, at the Site, of waste solvent owned or possessed by
Rexham Corporation. Hazardous substances of the same kind as
those owned or possessed by Rexham Corporation are present at
the Site.
O. E. I. DuPont de Nemours and Company Incorporated
arranged for disposal or treatment, or arranged with a
transporter for transport for disposal or treatment, at the
Site, of scrubber condensate contaminated with hazardous
substances owned or possessed by E. I. DuPont de Nemours and
Company, Incorporated. Hazardous substances of the same kind as
those owned or possessed by E. I. DuPont de Nemours and Company, · ..
Incorporated are present at the Site.
P. Occidental Chemical Corporation, purchaser and successor
of Diamond Shamrock Chemicals Company, in the person of its
predecessor in interest, arranged for disposal or treatment, or
arranged for the transport for disposal or treatment, at the
Site, of waste containing solvents owned or possess.ed by
Occidental Chemical Corporation. Hazardous substances of the
same kind as those owned or possessed by Occidental Chemical
Corporation are present at the Site.
Q. United Technologies Corporation, former parent company.
and successor of Inmont Corporation, in the person of its
predecessor in interest, arranged for disposal or treatment, or
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arranged for the transport for disposal or treatment, at the
Site, of hazardous waste materials owned or possessed by United
Technologies Corporation. Hazardous substances of the same kind
as those owned or possessed by United Technologies Corporatio~
are present at the Site.
R. BASF Corporation, purchaser and successor of Inmont
Corporation, in the person of its predecessor in interest,
arranged for disposal or treatment, or arranged for the
transport for disposal or treatment, at the Site, of hazardous
waste materials owned or possessed by BASF Corporation.
Hazardous substances of the same kind as those owned or
p·ossessed by BASF Corporation are present at the Site.
' ·S. Mallinckrodt, Inc. arranged for disposal or treatment,
or arranged with a transporter for transport for disposal or ;
treatment, at the Site, of hazardous waste materials owned or
possessed by Mallinckrodt, Inc. Hazardous substances of the .
same kind as those owned or possessed by Mallinckrodt, Inc. are
present at the Site.
T. Reynolds Metals Company arranged for disposal or
treatment, or arranged with a transporter for transport for
disposal or treatment, at the Site, of hazardous waste materials
owned or possessed by Reynolds Metals Company. Hazardous
substances of the same kind as those owned or possessed by
Reynolds Metals Company are present at the· Site.
U. Strawberry Hill Press, Inc. arranged for dispos8itc or.
treatment, or arranged for the transport for disposal or·
treatment, at the Site, of hazardous waste materials owned or
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possessed by Strawberry Hill Press, Inc. Hazardous substances
of the same kind as those owned or possessed by Strawberry Hill
Press, Inc. are present at the Site.
V. Milliken & Company arranged for disposal or treatment,
or arranged with a transporter for transport for disposal or
treatment, at the Site, of hazardous waste materials owned or
possessed _by Milliken & Company. Hazardous substances of the
same kind as those owned or possessed by Milliken & Company are
present at the Site.
w. Benjamin Moore & Co. arranged for disposal or treatment,
or arranged with a transporter for transport for disposal or
treatment, a~ the Site, of hazardous waste materials owned or
possessed by Benjamin Moore & Co. Hazardous substances of the
same kind as those owned or possessed by Benjamin Moore & Co.
are present at the Site.
X. Guardsman Products, Inc. arranged for disposal or
treatment, or arranged with a transporter for transport for
disposal or treatment, at the Site, of dirty wash-off solvent
owned or possessed by Guardsman Products, Inc. Hazardous
substances of the same kind as those owned or possessed by
Guardsman Products, Inc. are present at the Site.
Y. The Singer Company arranged for disposal or treatment,
or arranged with a transporter for transport for disposal or
treatment, at the Site, of trichloroethylene owned or possess~d
by The Singer Company. Hazardous substances of the same kind, as
those owned or possessed by The Singer Company are present at
the Site.
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z. Wikoff Color Corporatioh arranged for disposal or
treatment, or arranged for the transport for disposal or
treatment, at the Site, of ball mill washwater contaminated with
hazardous substances owned or possessed by Wickoff Color
Corporation. Hazardous substances of the same kind as those
owned or possessed by Wickoff Color Corporation are present at
the Site.
AA. Homelite Division of Textron, Inc. arranged for
disposal or treatment, or arranged with a transporter for
transport for disposal or treatment, at the Site, of magnesium
chips and cutting fluid oils owned or possessed by Homelite
Division of Textron, Inc. Hazardous substances of the same kind
as those owned or possessed by Homelite Division of Textron,
Inc. are present at the Site.
BB. Sinclair & Valentine, LP arranged for disposal or
treatment, or arranged for the transport for disposal or
treatment, at the Site, of printing inks and dirty wash-off
solvent owned or possessed by Sinclair & Valentine, LP.
Hazardous snbstances of the same kind as those owned or
possessed by Sinclair & Valentine, LP are present at the Site.
CC. Carolina Coatings, Inc. arranged for disposal or
treatment, or arranged with a transporter for transport for
disposal or treatment, at the Site, of off-specification paints,
off-specification coatings, and dirty wash-off solvents owned or
possessed by Carolina Coatings, Inc. Hazardous substances of
the same ki.Dd as those owned or possessed by Carolina Coatings,
Inc. are present at the Site.
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DD. Rospatch Corporation, former parent company of
Stylecraft Packaging Division of Rospatch Corporation, in the
person of its predecessor in interest arranged for disposal or
treatment, or arranged for the transport for disposal or
treatment, at the Site, of recyclable spent solvents owned or
possessed by Rospatch Corporation. Hazardous substances of the
same kind as those owned or possessed by Rospatch Corporation
are present at the Site.
EE. Waste Management of Carolinas, Inc., purchaser and
successor of Bill Schwartz, Inc., in the person of its
predecessor in interest, accepted hazardous substances for
transport to the Site for disposal or treatment. The Site was
selected, through its predecessor in interest, by Waste
Management of Carolinas, Inc. for the delivery of hazardous
substances for disposal or treatment. Hazardous substances of
the same kind as those accepted for transport and transported by
Waste Management of Carolinas, Inc. are present at the Site.
FF. Venture Packaging, Inc. purchaser and former parent
company of Style Craft Packaging Division, in the person of its
predecessor in interest, arranged for disposal or treatment, or
arranged with a transporter for transport for disposal or
treatment, at the Site, of wash-up solvent, waste inks and waste
adhesives. Hazardous substances of jhe same kind as those owned
or possessed by Venture Packaging, Inc. are present at the Site.
GG. Pursuant to Section 105 of CERCLA, 42 U.S.C. S 9605,
EPA \ ' ' included the JADCO/Hughes Superfund Site on thelNational
Priorities List set forth at 40 C.F.R. Part 300, Appendix B, by
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publication in the Federal Register in October 1984, 49 Fed.
Reg. 40320 (1984).
HH. ·In response to the release or threat of release of
hazardous substances at or from the Site, a Steering Committee
of Potentially Responsible Parties, pursuant to an
Administrative Order on Consent, conducted a Remedial
Investigation and Feasibility Study (RI/FS) for the Site
pursuant to CERCLA and the National_Contingency Plan, 40 C.F.R.
Part 300.
II. The RI/FS confirmed the presence of hazardous
substances in the groundwater and soils at the Site. The
hazardous suqstances of concern at the Site, as confirmed by the
RI/FS include, but are not limited to, acetone, benzene,
chloroform, dichloroethane, 2-butanone, ethylbenzene, total
xylenes, bis (2-ethylexyl) phthalate, tetrachloroethylene,
toluene, trichloroethane, vinyl chloride, aluminum, antimony,·
arsenic, barium, cadmium, lead, magnesium, and polychlorinated
biphenyls.
JJ. The most prevalent hazardous substances in the
groundwater at the Site are acetone, chloroform, 2-butanone, and
toluene, with the highest levels found at 140,563 ppb (acetone),
103,589 ppb (chloroform), 64,000 ppb (2-butanone) and 98,808 ppb
(toluene)., Jhe most prevalent hazardous substances at the Site
in soils are acetone (72 ppm), 2-butanone (170 ppm),
ethylbenzene (65 ppm), toluene (620 ppm), total zylenes (320
ppm) and bis(2-ethylexyl)phthalate (260 ppm). (Refer to the ROD
attached as Appendix 1 for a more complete description of
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the contamination at the Site.)
KK. The Site presents a potential threat to the public
health for reasons including the risk to human health resulting
from possible exposure to hazardous substances at levels that
may result in adverse health effects over time. The major
pathways of potential exposure to the hazardous substances at
the Site identified in subparagraphs FF. and GG. above, are:
Direct contact with surficial soils by trespassers
and on-site workers;
Ingestion of groundwater;
Direct contact with sediments by children
trespassing on-site.
LL. Pursuant to Section 117 of· CERCLA, 42 U.S.C. § 9617,
EPA published notice and a brief analysis of the Record of
Decision for remedial action on November 25, 1990 in the
Gastonia Gazette. The Proposed Plan was made available to the
public on July 26, 1990 which initiated a 30-day period of
public comment on the RI/FS and the Proposed Plan.
MM. The Record of Decision (ROD) was signed September 27,
1990. The ROD was made available to the public by placement in
the repositories at EPA's office in Atlanta, Georgia, and at the
Gaston County Public Library in Belmont, North Carolina. The
ROD is supported by an Administrative Record placed in the
repositories specified above that contain the documents and
information upon which EPA based the selection of the response ~
action.
NN. The remedy set forth in the ROD includes deed and
•
-19-
access restrictions, soil venting with carbon adsorption of the
off-gas, soil flushing, culvert replacement, surface water
diversion, monitoring, groundwater extraction and treatment by
aeration and vapor phase carbon adsorption-on-site with
discharge to the City of Belmont Publicly Owned Treatment Works
(POTW) or other local POTW.
00. The remedy set forth in the ROD will afford a high
degree of protection of human health and the environment. The
combined remedy of soil-venting and soil-flushing together with
groundwater extraction and treatment will eliminate possible
exposure to surface soils and will reduce contamination in
groundwater and surface waters, thereby protecting against the
threat presented by the future _ingestion of groundwater.
PP. The State has had a reasonable opportunity to review
and comment on the ROD.
V. CONCLUSIONS OF LAW AND DETERMINATIONS
A. The JADCO/Hughes S_uperfund Site is a "facility" as
defined in Section 101(9) of CERCLA, 42 U.S.C. S 9601(9).
B. The Respondents, as identified in Paragraphs C. through
.FF. of Section IV are "persons" as defined in Section 101(21) of
CERCLA, 42 u.s.c·. S 9601(21).
C. Each of the Respondents is a "liable party" as defined
in Section 107(a) of CERCLA, 42 U.S.C. S 9607(a).
D. Acetone, benzene, chloroform, dichloroethane,
2-butanone, ethylbenzene, total xylenes, bis-
(2-ethylexyl)phthalate, tetrachloroethylene, toluene,
trichloroethane, vinyl chloride, aluminum, antimony, arsenic,
barium, cadmium, lead,
• •
-20-
magnesium and polychlorinated biphenyls are "hazardous
substances" as defined in Section 101(14) of CERCLA, 42 U.S.C.
§ 9601(14).
E. The hazardous substances specified in Paragraph D of
this Section have been released into the soil and groundwater at
the JADCO/Hughes Superfund Site.
F. The past and present disposal and migration of hazardous
substances at and from the JADCO/Hughes Superfund Site are a
"release" as defined in Section 101(22) of CERCLA, 42 U.S.C.
§ 9601(22).
G. The potential .for future migration of hazardous.~:
substances from the JADCO/Hughes Superfund Site poses a threat
of a "release" as defined in Sec;:tion·l01(22) of CERCLA, 42
u.s.c. § 9601(22).
H. The release and threat of release of one or more
hazardous substances from the facility may present an imminent
and substantial endangerment to the public health or welfare or
the environment.
I. The contamination and endangerment at this Site
constitue an indivisible injury. The actions required by this
Order are necessary to protect the public health, welfare, and
the environment.
VI. NOTICE TO THE STATE
EPA notified the North Carolina Department of Environment,
Health and Natural Resources, Division of Solid Waste Management
on June 13, 1991 that this Order would be issued to the
Respondents.
•
-21-
VII. ORDER
•
Based on the foregoing, Respndents are hereby ordered,
jointly and severally, to comply with the following provisions,
including but not limited to all attachments to this Order, all
documents incorporated by reference into this Order, and all
schedules and deadlines in this Order, attached to this Order or
incorporated by reference into this Order.
VIII. WORK TO BE PERFORMED
A. The SOW sets out the major tasks that must be completed
by the Respondents to implement the RD/RA. The SOW is attached
as Appendix 2 to this Order and is incorporated into this Order
by reference as if fully set forth herein and may be utilized by
the Respondents during the development of the RD and RA Work
Plans.
B. Respondents shall cooperate with EPA in providing
information to the public regarding the Work. As requested by
EPA, Respondents shall participate in the preparation of such
information for distribution to the public and in public
meetings which may be held or sponsored by EPA to explain
activities at or relating to the Site.
C. All aspects of the Work to be performed by Respondents
pursuant to this Order shall be under the direction and
supervision of a qualified cc;:mtractoy ("supervising contractor")
who shall be a qualified professional engineer or geologist with
expertise in hazardous waste cleanups, the selection of which
I
shall be subject to approval by EPA. Within fifteeh (15) days
after the effective date of this Order, •espondents shall submit
• •
-22-
to EPA in writing the name, title, and qualifications of the
supervising contractor, including primary support entities and
staff, proposed to be used in carrying out any Work performed
under this Order.
D. If EPA disapproves of the selection of the supervising
contractor, Respondents shall submit to EPA within fifteen (15)
calendar days after receipt of EPA's disapproval of the
supervising contractor previously selected, a list of
contractors, including primary support entities and staff, that
would be acceptable to Respondents. EPA shall, after receipt of
the list, provide written notice of the names of the contractors
it approves. Respondents may select any approved contractor
from that list and shall notify EPA of the name of the
supervising contractor selected within ten (10) days of EPA's
designation of approved contractors.
E. If at any time thereafter Respondents propose to use a
different supervising contractor for Work at the Site,
Respondents shall notify EPA and shall obtain approval from EPA
before a new supervising contractor performs any Work under this
Order. Any change in the supervising contractor made pursuant
to this Paragraph, shall not excuse any Work, deadlines, or
schedules required under this Order.
F. The purpose of the Remedial Design/Remedial Action
(RD/RA) is to design, construct, operate and maintain, and
monitor the performance of the selected remedy to ensure
protection of human health and the environment. The Remedial
Design (RD) (discussed in Paragraph G, below) includes those
• •
-23-
activities to be undertaken by the Respondents to develop the
final plans and specifications, general provisions, and special
requirements necessary to translate the Record of Decision (ROD)
into the remedy to be constructed under the Remedial Action (RA)
phase (discussed in more detail in Paragraph H, below). The
Remedial Action involves the implementation phase of Site
cleanup or actual construction of the remedy, including
necessary operation and maintenance. The RA is based on the RD
to achieve at the Site the cleanup results specified in the ROD.
The major tasks that Respondents must complete and the
deliverables associated with each task to support the RD/RA are
describe? in the SOW which {s incorporated by reference as a
part of this Order as if fully set forth herein. EPA approval 41
of a task or deliverable shall not be construed as a guarantee
as to the ultimate adequacy of such task or deliverable.
G. Remedial Design -Within forty-five (45) days after
approval of the supervising contractor by EPA, Respondents shall
submit a work plan for the Remedial Design at the Site
( "Remedial Design Work Plan" or "RD Work Plan") to EPA for ,
review, modification, and/or approval. The RD Work Plan shall
be developed in accordance with and be consistent with the ROD,
sow, EPA Superfund Remedial Design and Remedial Action Guidance,
and any additional guidance documents identified by EPA. The RD
Work Plan must describe-in detail the tasks and deliverables:
Respondents will complete during the remedial design phz.,:,e, and
\
a schedule for completing the tasks and deliverables in ::he RD :'.1
Work Plan. The major tasks and deliverables described in the RD
• • -24-
Work Plan shall include, but not be limited to the following:
(1) a preliminary design; (2) an intermediate design; (3) a
pre-final design; (4) a final design; (5) a design sampling and
analysis plan; (6) a contingency plan; (7) treatability studies;
·( 8) a plan for gathering additional data or information, or
performing additional feasibility studies; and ( 9) any other
appropriate components necessary to fulfill the requirements of
the RD. Respondents shall also, within forty-five (45) days
after Respondent_s _ select __ an approved supervising contractor,
prepare and submit to EPA for review, a Site Health and Safety
---, Plan for 'field design activities~ --The Site Health and ·safety
.,•;:•••••; 7-;•~.•, •" •-.• ,.,_,.--;....~ ._:_,.• :-• 1.. -•• ••~~•.-:•':":!•;;'•.".".:•• .. ~ ·•••••:. "!..0.-,.•••· •• _., .-,•.:'.'.'·••-~.:.:\.••::I -· ··":.:-~:":.:""'"'::" 'c'Plan:·shal_l conform to this __ g:i:-_de_i;_ ___ a_1!._4.. _applic-<1_ble Occupa tio11al
Safety and Health Administration and EPA requirements, including
but not limited to 29 C.F.R. 1910. Upon approval by EPA, the RD
Work Plan is incorporated into and becomes enforceable under
this Order as if fully set forth herein. Any violation of the
approved RD Work Plan shall be a violation of this Order. Upon
approval of the RD Work Plan by EPA, Respondents shall implement
the Work Plan in accordance with the schedule therein. Unless
otherwise directed by EPA, Respondents shall not commence field
activities or any Work required by the RD Work Plan at the Site
until written approval of the RD Work Plan by EPA is received.
Upon EPA approval, the Final Design is incorporated into
this Order as a requirement of this Order and shall be an
enforceable part of this Order.
H. -Remedial Action -Respondents shall submit for review,
modification, and/or approval by EPA, a work plan for the
•
-25-
performance of the remedial action at the Site ("Remedial Action
Work Plan" or "RA Work Plan") no later than thirty (30) days
after EPA approves all deliverables required as part of the
Final Design. The RA Work Plan shall be developed in accordance
with and be consistent with the ROD·, the SOW, EPA Superfund
·,
Remedial Action Guid~nce;;· · the Final Desfg;;-~s approved by EPA,
and any additional guidance documents identified by EPA. The RA
Work Plan shall include, but not be limited to, methodologies,
plans and schedules for completion of at least the following:
(l) selection of the remedial action contractor; (2) development
and.implementation of:the Construction Quality Assurance Plan;
(3) development and submission of the ground water monitoring
plan; (4) identification of and satisfactory compliance with
applicable permitting requirements; and (5) implementation of·
the Contingency Plan. The RA Work Plan shall also include a
schedule for implementing all remedial action tasks and shall
identify the initial formulation of Respondent's Remedial Action
Project Team (including the Supervising Contractor).
Respondents shall also submit to EPA for review, as part of the
RA Work Plan, not later than thirty (30) days after EPA approves
all deliverables required as part of the Final Design, a Health
and Safety Plan for field activities required by the RA Work
Plan. The Health and Safety Plan for field activities shall
conform to this Order and the applicable Occupational Safety and
Health Administration and EPA requirements, including but not·
limited to the regulations set out in 40 C.F.R. Part 1910.
·upon approval by EPA, the RA Work Plan is incorporated
• •
-26-
into this Order as a requirement of this Order and becomes an
enforceable part of this Order as if fully set forth herein.
Any violation of the approved RA Work Plan shall be a violation
of this Order. Upon approval of the RA Work Plan and all
Remedial Design documents by EPA, after reasonable opportunity
for review and comment by the State, Respondents shall implement
the RA Work Plan in accordance with the schedules set out
therein. Unless otherwise directed by EPA, Respondents shall
not commence physical on-Site activities prior to written
approval of the RA Work Plan by EPA.
If Respondents seek to retain a construction contractor
to assist in the p·erformance of the Remedial Action, then
Respondents shall submit a copy of the contractor solicitation
documents to EPA not later than five (5) days after publishing
the solicitation documents.
Within ten (10) days after EPA approves the RA Work
Plan, Respondents shall notify EPA in writing of the name,
title, and qualifications of any construction contractor
proposed to be used in carrying out work under this Order. EPA
shall thereafter provide written notice of the names of the
contractors it approves, if any. Respondents may select any
approved contractor chosen within ten (10) days of EPA's
designation of approved contractors. If at any time Respondents
propose to change the construction. contractor, Respondents shall
notify EPA immediately and shall obtain approval from EPA, as
provided in this Paragraph, before the new construction
contractor performs any work under this Order. If EPA
• •
-27-
disapproves of the selection of any contractor as the
construction contractor, Respondents shall submit a list of
contractors that would be acceptable t'o them to EPA within
twenty-one (21) days after receipt of EPA'i disapproval of the-
contractor previously selected. EPA will therea.fter provide
written notice of the names of the contractors it does not
disapprove, if any. This process will continue until such time
as the Respondents submit the name(s) of a contractor EPA does
not disapprove.
I. Operation and Maintenance and Performance Monitoring -
The Operation and Maintenance Plan shall be.developed and
submitted to EPA for review and approval in accordance with the
SOW. Respondents shal~ also develop and submit the Cleanup Goal
Verification Plan to EPA for review and approval in. accordance·
with the SOW. Upon approval, the Respondents shall implement
the Operation and Maintenance activities.
J. Performance Standards -The Work performed by the
Respondents pursuant to this Order shall, at a minimum, achieve
the Performance Standards specified in the Record of Decision,
the RD/RA Workplans, the SOW, and the Remedial Design.
Respondents shall receive approval from EPA regarding the
methods to be used in determining compliance with the
Performance Standards before implemeyting the Remedial Action.
K. Warranties -Notwithstanding any action by EPA,
Respondents remain fully responsible for achievement of the
\
Performance Standards in the Record of Decision and!the EPA
approved Final Design. Nothing in this Order, or in EPA's
• •
-28-
approval of the Remedial Design or Remedial Action Work Plans,
or approval of any other submission, shall be deemed to
constitute a warranty or representation of any kind by EPA that
full performance of the Remedial Design or Remedial Action will
achieve the Performance Standards set forth in the ROD or in the
SOW. Respondents' compliance with such approved documents does
not foreclose EPA from seeking additional work to achieve the
applicable performance standards.
L. Notification of Off-Site Waste ShiFment -All waste
·materials removed from the Site shall be disposed of or treated I
at a facility approved by the EPA Project Coordinator and in
accordance with Section 12l(d) (3) of CERCLA, 42 U.S.C.
§ 962l(d)(3), with the U.S. EPA ''Revised Off-Site Policy," OSWER
Directive 9834.11, November 13, 1987; and with all other
applicable Federal, State, and local requirements. Respondents
shall, prior to any off-Site shipment of waste materials from
the Site to an off-Site waste management facility, provide
written notification to the appropriate state environmental
official in the receiving state and to the EPA Project
Coordinator, of such shipment of materials.
1. The notification shall be in writing, and shall
include the following information, where available: (a) the name
and location of the facility to which the materials are to be
shipped; ( b) the type and quantity of the materials to be
shipped; ( C) the expected schedule for the shipment of the
materials; and (d) the method of transportation. Respondents
shall notify the receiving state of major changes in the
~
• • -29-
shipment plan, such as a decision to ship the materials to
another facility within the same state, or to a facility in
another state.
2 .. The identity of the receiving facility and state
will be.determined by Respondents following the award of the
contract for Remedial Action construction .. Respondents shall
provide all relevant information on the off-site shipments as
soon as practicable after the award of the contract and before
the materials are actually shipped.
\ M. Pre-Final Inspection -Within thirty (30) days after
Respondents conclude_ that the Remedial Action has been fully
performed, Responden.ts shall so notify EPA and shall schedule
and conduct a pre-final inspection to be attended by Respondents 41
and EPA. The pre-final inspection shall be followed by the
Remedial Action Repor.t to be submitted within fifteen ( 15) days
of the inspection by a registered professional engineer and
Respondents' Project Coordinator certifying that the Remedial
Action has been completed in full satisfaction of the
requirements of this Order. If, after completion-of the
pre-final inspection and receipt and review of the written
Remedial Action Report, EPA determines that the Remedial Action
or any portion thereof has not been completed in accordance with
this Order, EPA shall notify Respondents in writing of the
activities that must be undertaken to complete the Remedial
Action and shall set forth in the notice a schedule for
performance of such activities. Respondents shall perform all
activities described in the notice in accordance with the
.,,
• •
-30-
specifications and schedules established therein. If EPA
concludes, following the initial or any subsequent certification
of completion by Respondents, that the Remedial Action has been
fully performed in accordance with this Order, EPA may notify
Respondents that the Remedial Action has been fully performed.
EPA's notification shall be based on present knowledge and
Respondents' certification to EPA, and shall not limit EPA's
right to perform periodic reviews pursuant to Section 12l(c) of
CERCLA, 42 U.S.C. § 962l(c), or to take or require any action
that, in the judgment of EPA, is appropriate at the Site, in
accordance with 42 U.S.C. §§ 9604, 9606, or 9607.
IX. FAILURE TO ATTAIN PERFORMANCE STANDARDS
A. In the event that EPA determines that additional
response activities are necessary to meet applicable performance
standards, EPA shall notify Respondents that additional response .,
actions are necessary.
B. Unless otherwise stated by EPA, within thirty (30) days
of receipt of notice from EPA that additional response
activities are necessary to meet applicable performance
standards, Respondents shall submit for approval by EPA a work
plan for the additional response activities. The plan shall
conform to the applicable requirements of Sections VIII, XIV, XV
and XVI. Upon EPA's approval of the plan pursuant to Section
XIII, the Work Plan is incorporated into this Order as a t
requirement of this Order and shall be an enforceable part of
this Order as if fully set forth herein. Upon written approval,
Respondents shall implement the plan for additional response
• -31-
activities in accordance with the schedule contained therein.
X. EPA PERIODIC REVIEW
Under Section 12l(c) of CERCLA, 42 U.S.C. § 962l(c), and any
applicable regulations, EPA may review the Site to assure that
the Work performed pursuant to this Order adequately protects ..
human health and the environment. Until such time as EPA issues
the Certification of Completion' of the Work pursuant to Section
XXV, Respondents shall conduct the requisite studies,·
investigations, or other response actions as determined
necessary by EPA. As a result of any review performed under
this Paragraph, Respondents may be required to perform
additional Work or to modify Work previously performed.
XI. ADDITIONAL WORK
A. EPA may determine that in addition to the Work
identified in this Order and attachments to this Order,
additional work may be necessary to meet the performance
standards or to protect human health and the environment. If
EPA determines that additional work is necessary, EPA will
notify Respondents and may require Respondents to submit a work
plan for additional work. EPA may also require Respondents to
modify any plan, design, or other deliverable required by this
Order, including any approved modifications. Respondents shall
notify EPA of their intent to perform such additional work
within seven (7) days after receipt of EPA's request for
additional work.
• •
-32-
B. Unless otherwise ·stated by EPA, not later than thirty
(30) days after receiving EPA's notice that additional work is
required pursuant to this Section, Respondents shall submit a
work plan for the additional work ("Additional Work Plan'') to
EPA for review and approval. The Additional Work Plan shall
conform to the requirements in Section VIII, XIV, XV, and XVI as
appropriate. Upon approval by EPA, the Additional Work Plan
shall be incorporated into this Order as a requirement of this
Order and shall be an enforceable part of this Order as if fully
set forth herein. Upon approval of the Additional Work Plan
pursuant to the procedures set.forth in Section XIII,
Respondents shall implement the Additional Work Plan according
to the standards, specifications, and schedule in the approved
Additional Work Plan.
XII. ENDANGERMENT AND EMERGENCY RESPONSE
A. In the event of any action or occurrence after the
effective date of this Order which causes or threatens a release
of a hazardous substance or which may present an immediate
threat to public health or welfare or the environment,
Respondents shall immediately take all appropriate action to
prevent, abate, or minimize such release or endangerment, and
shall immediately notify EPA's Project Coordinator (listed in
Section XVII, Paragraph B). If the Project Coordinator is
unavailable, a message shall be left for the Project Coordinator
and the Alternate Project Coordinator (listed in Section XVII,
Paragraph B) shall be immediately notified. If the Alternate
Project Coordinator is unavailable, after leaving a message for
•
-33-
him/her, the Region IV Emergency Response and Removal Branch
shall be immediately notified. Respondents shall take such
action in consultation with EPA's Project Coordinator and in
accordance with all applicable provisions of this Order,
including, but not limited to, the Health and Safety and
Contingency Plans developed by the Respondents. In the event··
that Respondents fail to take_appropriate response action as
required by this Section, and EPA takes that action instead, EPA
reserves the right to pursue reimbursement of all EPA' s ·costs.
attributable to the response action that are not inconsistent
with the National Contingency Plan.
B. Nothing in the preceding paragraph shall be deemed to
limit any authority of the United States to take, direct, or
order any appropriate action necessary to protect human health
and the environment or to prevent, abate, or minimize an actual
or threatened release of hazardous substances on, at, or from··
the Site.
XIII. EPA REVIEW OF SUBMISSIONS
A. Upon receipt of any plan, report or other item which is
required to be submitted for approval pursuant to this Order,
EPA shall either: (1) approve the submission; or (2) disapprove
the submission, notifying Respondents of deficiencies. If such
submission is disapproved, EPA shalljeith~r (l) notify the
-·
Respondents that EPA will assume the responsibility for
modifying the submission to correct the deficiencies including,
\
if necessary, the underlying Work; or ( 2) direct th~ Respondeints
to modify the submission and.if necessary,·the underlying Work,
• • -34-
to correct the deficiencies.
. ' ' B. In the event of approval or modification by EPA,
Respondents shall proceed to take any action required by the
plan, report, or other item, as approved or modified.
C. Upon receipt of a notice of disapproval and directive
for modification, Respondents shall, within 30 days or such time
as specified by EPA in its notice of disapproval or request for
modification, correct the deficiencies and resubmit the plan,
report, or other item for approval. Notwithstanding the notice
of disapproval, Respondents shall proceed, at the direction of
EPA, to take any action required by any nondeficient portion of
the submission.
D. If, upon resubmission, the plan, report, or item is not
approved, Respondents shall be deemed to be in violation of this
Order.
E. The provisions of this Order shall govern all
proceedings regarding the Work performed pursuant to this
Order. In the event of any inconsistency between this Order and
any required deliverable submitted by Respondents, the
inconsistency will be resolved in favor of this Order.
XIV. PROGRESS REPORTS
A. In addition to the deliverables set forth in this Order,
Respondents shall submit written monthly progress reports to EPA
with respect to actions and activities undertaken pursuant to
this Order. The progress reports shall be submitted on or
before the 5th day of each month following the effective date of
this Order. Respondents' obligation to submit progress reports
I
•
-35-
continues until EPA, pursuant to Section XXV, gives Respondents
written notice that.Respondents have demonstrated, .and the EPA
concurs, that all of the terms of this Order, including any
additional tasks which EPA has determined to be necessary, have
been completed. In .addition, EPA may request periodic briefings
by Respondents to discuss the progress of the Work.
B. At a minimum these progress reports shall: (l) describe
the actions which have been taken to comply with this Order; (2)
include all results of sampling and tests and all other.data
received by Respondents during the course of the Work; (3)
include all plans, reports, deliverables and procedures
completed under the Work Plans during the previous month;. ( 4)
'describe all work planned for the next month with schedules
relating such work to the overall project schedule for RA
completion; and (5) describe all problems encountered and any
anticipated problems, any actual or anticipated delays, and
solutions developed and implemented to mitigate or address any
actual or anticipated problems or delays.
C. Upon the occurrence of any event during performance of
the Work or additional work which, pursuant to Section 103 of
CERCLA, 42 U.S.C. § 9603, requires reporting to the National
Response Center, the Respondents shall promptly orally notify
the EPA Project Coordinator or in the event of the
unavailability of the EPA Project Coordinator, the Alternate EPA
Project Coordinator. In the event of the unavailability of the
' .,.\
EPA Project Coordinator or Alternate, the Emergency Response and J
Removal Branch, Region IV, United States Environmental
• • -36-
Protection Agency shall be notified. This is in addition to the
reporting required by Section 103 of CERCLA. Within ten (10)
days of the onset of such an event, the Respondents shall
furnish to EPA a written report setting forth the events which
occurred and the measures taken, and to be taken, in response
thereto. Within thirty (30) days of the conclusion of such an
event, the Respondents shall submit a report setting forth all
actions taken.
D. Respondents shall submit each year, within thirty (30)
days of the anniversary of the effective date of this Order, a
summary report to the EPA setting forth the status of the Work
which shall at a minimum include a statement of tasks
accomplished in the preceding year, a statement of tasks
remaining to be accomplished, and provide a schedule for
implementation of the remaining Work.
XV. QUALITY ASSURANCE SAMPLING AND DATA ANALYSIS
A. Respondents shall use the quality assurance, quality
control, and chain of custody procedures in accordance with
EPA's "Interim Guidelines and Specifications For Preparing
Quality Assurance Project Plan" (QAMS-005/80) and the "EPA
Region IV, Engineering Support Branch Standard Operating
Procedures and Quality Assurance Manual" (U.S. EPA Region IV,
Environmental Services Division, April 1, 1986) and subsequent
amendments to such guidelines. Prior to the commencement of any
monitoring project under this Order, Respondents shall submit
for review, modification, and/or approval by EPA a Quality
Assurance Project Plan ("QAPP") that is consistent with
• • -37-
applicable guidelines. Respondents shall assure that EPA
personnel or authorized representatives are allowed access to
any laboratory utilized by Respondents in implementing this
Order.
B. Respondents shall make available -to EPA the results of
all sampling and/ or tests or other data generated by Respondents •'·'
with respect to the implementation of this Order, and shall
submit these results in monthly progress reports as described in
Section XIV of this Order.
C. At the request of EPA, Respondents shall allow split or
duplicate samples to be taken by EPA, and/or their authorized·
representat~ves, of any samples collected by Respondents
pursuant to the implementation of this Order. Respondents shall JJj
notify EPA not less than fourteen (14) days in advance of any
sample collection activity. In addition, EPA shall have the.
right to take any additional samples that EPA deems necessary.
D. Respondents shall ensure that the laboratory(ies)
utilized by Respondents for analyses participates in an EPA
quality assurance/quality control program equivalent to that
which is followed by EPA and which is consistent with EPA
document QAMS-005/80. In addition, EPA may require Respondents
to submit .data packages equivalent to those generated in the EPA
Contract Laboratory Program (CLP) and may require laboratory
analysis by Respondents of performance samples (blank and/or·
spike samples) in sufficient number to determine the
capabilities of the laboratory.
E. Notwithstanding any provision of this Order, the United
• • -38-
States hereby retains all of its information gathering,
inspection and enforcement authorities and rights under CERCLA,
the Solid Waste Disposal Act (SWDA), 42 U.S.C. §§ 6901 to
699l(i), and any other applicable statutes or regulations.
XVI. COMPLIANCE WITH APPLICABLE LAWS
A. All actions by Respondents pursuant to this Order shall
be performed in accordance with the requirements of all
applicable or relevant and appropriate laws, as required by
CERCLA and the National Contingency Plan. The United States has
determined that the activities contemplated by this Order are
consistent with the NCP.
B. Except as provided in Section 12l(e) of CERCLA, 42
U.S.C. § 962l(e), and the NCP, no permit shall be required for
any portion of the Work conducted entirely on the Site. Where
any portion of the Work requires a federal or state permit or
approval under CERCLA and the NCP, Respondents shall submit on a
timely basis applications and take all other actions necessary
to obtain all such permits or approvals.
C. This Order is not, and shall not be construed to be, a
permit issued pursuant to any federal or state statute or
regulation.
D. Respondents shall include in all contracts or
subcontracts entered into for Work required under this Order
provisions stating that such contractors or subcontractors,
including their agents and employees, shall perform all
activities required by such contracts or subcontracts in
compliance with all applicable laws and regulations.
• •
-39-
Respondents shall provide a certification to the United States
that such provision has been included in its contracts and
subcontracts, within fifteen (15) days of final execution of
contracts for Remedial Design, Remedial Action, Operation and
Maintenance, and Performance Monitoring work.
XVII. PROJECT COORDINATORS
A. Within fifteen (15) days after the effective date of
this Order, Respondents shall designate a Project Coordinator
and shall submit the name, address, and telephone number of the
Project Coordinator to EPA. Respondents' Project Coordinator
shall be responsible for overseeing the implementation of this
Order. If Respondents wish to change their Project Coordinator,
Respondents shall provide written notice to EPA, five (5) days
prior to changing the Project Coordinator, of the name and ::··
qualifications of the new Project Coordinator. Respondents~
election of a Project Coordinator shall be subject to EPA
approval.
B. All communications, whether written or oral, from
Respondents to EPA shall be directed to EPA's Project
Coordinator. If the Project Coordinator is not available to
accept a phone call, a message shall be left for the Project
Coordinator and the Alternate Project Coordinator, who shall be
a Remedial Project Manager or On-Scene Coordinator (RPM/OSC).
J
EPA's Project Coordinator is:
Barbara Benoy
Remedial Project Manager
United States Environmental
345 Courtland Street, NE
Atlanta, Georgia 30365
404-347-7791
\
Protectioh Agency·
• • -40-
EPA's Alternate Project Coordinator is:
Curt Fehn, Chief
North C~rolina Section
United States Environmental Protection Agency
345 Courtland Street, NE
Atlanta, Georgia 30365
404-347-7791
C. EPA has the unreviewable right to change its Project
Coordinator or Alternate Project Coordinator. If EPA changes
its Project Coordinator or Alternate Project Coordinator, EPA
will inform Respondents in writing of the name, address, and
telephone .number of the new Project Coordinator or Alternate
Project Coordinator.
D. EPA's Project°Coordinator and,Alternate Project
Coordinator shall have the authority lawfully vested in a
Remedial Project Manager (RPM)· and On-Scene Coordinator ( OSC) by
the National Contingency Plan, 40 C.F.R, Part 300. In addition,
EPA's Project Coordinator or Alternate Project Coordinator shall
have authority, consistent with the National Contingency Plan,
to halt any work required by this Order and, to take any
necessary response action when he or. ·she determines that
conditions at the Site may present an imminent and substantial
endangerment to public health or welfare or the environment.
E. The absence of the EPA Project Coordinator from the Site
shall not be cause for stoppage or delay of Work.
XVIII. SITE ACCESS
A. At all reasonable times from the effective date of _this
Order until EPA certifies completion of the Work pursuant to
Section XXV of this Order, EPA and its authorized
.,
• • -41-
representatives and contractors shall have the authority to
enter and freely move about all property at the Site and
off-Site areas to which access is required to implement this
Order, including areas subject to or affected by the clean up or
where documents required to be prepared or maintained by thiJ
Order are located, to the extent access to the property is
controlled by or available to Respondents. Access shall be
allowed for the purposes of conducting any activity authorized
by or related to this Order, including but not limited to: 1)
inspecting conditions, activities, the results of activities,
records, operating logs, and contracts related to the Site or
Respondents and its representatives or contractor pursuant to
this Order; 2) reviewing the progress of the Respondents in Af
carrying out the terms of this Order; 3) conducting tests
inspections as EPA or its authorized representatives or
or.
'
J
contractors deem necessary to verify data or information
submitted to EPA, take samples or investigate contamination at
or near the Site; 4) assess the need for planning and
implementing additional remedial or response activities at or
near the Site; or 5) using a camera, sound recording device or
other docW11entary-type equipment.
XIX. ACCESS TO SITE NOT OWNED BY RESPONDENTS
A. If the Site, or the off-Site area that is to be used for
access, or other property subject to or affected by the cl~iin up r-,
or where documents required to be prepared or maintained by;;this
Order are located, is controlled or owned in whole or in part by ... ,.
parties other than those bound by this Order, Respondents will
• • -42-
obtain, or use their best efforts to obtain, site access
agreements from such parties within thirty (30) days of the
effective date of this Order. Such agreements shall provide
access for EPA, its contractors and oversight officials, the
state and its contractors, and Respondents or Respondents'
authorized representatives and contractors, and such agreements
shall specify that Respondents are not EPA's representative with
respect to liability associated with Site activities. Copies of
such agreements shall be provided to EPA prior to Respondents'
initiation of field activities. Respondents' best efforts shall
include providing reasonable compensation to any off-Site
property owner.
B. If access agreements are not obtained within the time
referenced above, Respondents shall immediately notify EPA in
writing of its failure to obtain access. EPA may use its legal
authorities to obtain access for the Respondents, may perform
those tasks or activities with EPA contractors, or may terminate
the Order if Respondents cannot obtain access agreements. If
EPA performs those tasks or activities with EPA contractors and
does not terminate the Order, Respondents shall perform all
other activities not requiring access to the property for which
access was not obtained, and shall be liable to EPA for
reimbursement of all costs incurred by EPA in performing such
activities. Respondents shall integrate the results of any such
tasks undertaken by EPA into its reports and deliverables. EPA
reserves the right to seek cost recovery for all costs and
attorney fees_incurred by the United States to obtain access for
• • -43-
the Respondents.
C. Notwithstanding any provision of this Order, the United
States retains all of its access authorities and rights under
CERCLA, SWDA and any other applicable statutes or regulations~
XX. ACCESS TO INFORMATION AND DATA/DOCUMENT AVAILABILITY
A. Respondents shall provide to EPA and its authorized
representatives, upon request, access to inspect and/or copy all
documents and information in Respondents' possession and/or
control or that of their contractors or agents relating to
activities at the Site or to the implementation of this Order,
including all files, records, documents, photographs, sampling
and analysis records, chain of custody records, manifests,
trucking logs, receipts, reports, sample traffic routing,
correspondence, or other documents or information relating to
remedial activities and other Work required under the Order.
B. Respondents may assert a claim of business
confidentiality covering part or all of the information
submitted to EPA pursuant to the terms of this Order under 40
~~e~
C.F.R. S 2.203r to the extent permitted by and in accordance
with Section 104(e)(7) of CERCLA, 42 U.S.C. S 9604(e)(7). This
claim shall be asserted in the manner described at 40 C.F.R.
S 2,203(b) and substantiated by Respondents at the time the
assertion is made. Information determined to be confidential by
EPA will be given the protection specified in 40 C.F.R. Part 2.
If no claim of confidentiality accompanies specific documents or
information when submitted to EPA, or if EPA has notified the
Respondents that the documents or information are not
• •
-44-
confidential under,the ,standards of Section 104(e) (7) of CERCLA
and 40 C.F.R. § 2.203(b), the public may be given access to such
documents or information by EPA or the State without further
notice to the Respondents.
C. Respondents shall not assert confidentiality claims with
respect to any data related to Site conditions, sampling, or
monitoring.
D. Respondents shall maintain for the period during which
this Order is in effect, an index of documents that Respondents
claim contains privileged information or confidential business
information. The index shall contain, for each document, the
date, author, addressee, and subject of the document. Upon JI
written request from EPA, Respondents shall submit a copy of
index to EPA.
XXI. RECORD PRESERVATION
A. Respondents shall provide to EPA upon request, copies of
all documents and information within their possession and/or
control or the control of their contractors or agents relating
to activities at the Site or to the implementation of this
Order, 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. Respondents shall also make
available to EPA for purposes of investigation, information
gathering, or testimony, their employees, agents, or
representatives with knowledge of relevant facts concerning c
performance of the Work.
• • -45-
B. Until EPA issuance of the Certification of Completion of
the Work pursuant to Section XXV and termination of this Order,
Respondents shall preserve, and shall instruct their contractors
and agents to preserve, all documents, records, and information
of whatever kind, nature, or description relating to the
performance of the Work.
C. All records and documents in Respondents' possession, at
any time prior to termination of this Order, that relate in any
way to the Site shall be preserved and retained by Respondents
for a minimum of ten (10) years after EPA certification of
completion of all requirements under this Order. Respondents
shall acquire and retain copies of all documents that relate to
the Site and are in the possession of its employees, agents,
accountants, contractors, or attorneys. After this ten (10)
year period, Respondents shall notify EPA at least ninety (90)
days before the documents are scheduled to be destroyed and
shall relinquish custody of said records or documents to EPA at
no cost, upon request.
D. The EPA has the discretion to request that all records
and documents be retained for a longer period of time by the
Respondents.
XXII. DELAY IN PERFORMANCE
A. Any delay in performance of this Order that, in EPA's
judgment, is not properly justified by Respondents under the
terms of this paragraph shall be considered a violation of this
Order. Any delay in performance of this Order shall not affect
• •
-46-
Respondents' duty to fully perform all obligations under the
terms and conditions of this Order.
B. Respondents shall notify EPA of any delay or anticipate~·
delay in achieving compliance with any requirement of this
Order. Such notification shall be made by telephone to EPA's ' ..... ';
Designated Project Coordinator or, if that person is not
available, the Section Chief for the North Carolina Section of
the North Superfund Remedial Branch within 48 hours after
Respondents first knew or should have known that an event might
cause a delay. Within five (5) business days after notifying
EPA by telephone, Respondents shall provide written notification
fully·describing the nature of the delay, the reasons the delay ~
is beyond the control of Respondents, any defenses under Set J, -....
106(b) (1), 42 U.S.C. § 9606(b) (l), available to Respon-dents for'.' .
..
failing to comply with any relevant requirements of thj_s Or.der, ·.
and a schedule for implementing the measures that will be taken
to mitigate the effect of the delay. Respondents shall adopt
all reasonable me_asures to avoid or minimize any such delay.
Increased costs or expenses associated with implementation of
the activities called for in this document shall not be
considered circumstances beyond the control of Respondents.
XXIII. ASSURANCE OF ABILITY TO COMPLETE WORK AND INSURANCE
A. Respondents shall demonstraty their ability to complete,
.:. .:.:
the Work required by this Order and to pay all claims that arise-.,
from the performance of the Work by obtaining, and presentina
\
EPA within thirty (30) days of the effective date o! this 0.
one of the following: (1) a performance bond; (2) a letter or
. ,
• •
-47-
letters of credit; (3) a guarantee by a third party; or (4)
internal financial information to allow EPA to determine that
Respondents have sufficient assets available to perform the
Work; any of which shall, at a minimum, meet the requirements of
and use the instruments set out in 40 C.F.R. Part 264, Subpart
H. Respondents shall demonstrate financial assurance in an
amount no less than the estimate .of cost for the Remedial Design
and Remedial Action contained in the Record of Decision for the
Site. If Respondents seek to demonstrate ability to complete
the remedial action by means of internal financial information,
or by guarantee of a third party, they shall re-submit such
information annually, on the anniversary of the effective date
of this Order. If EPA determines that such internal financial
information is inadequate, Respondents shall, within thirty (30)
days after receipt of written notice of EPA's determination,
obtain and present to EPA for approval one of the other three
forms of financial assurance listed above and consistent with 40
C.F.R. Part 264, Subpart H. Respondents' lack of ability to
demonstrate financial ability to complete work shall not excuse
performance of this Order or any term thereof.
B. No later than ten (10) days prior to commencing any Work
at the Site pursuant to this Order, Respondents shall secure,
and shall maintain until the fifth anniversary of the issuance
of the Certificate of Completion under this Order: (1)
comprehensive general liability and automobile insurance with
limits of at least five (5) million dollars, combined single
limit; and (2) environmental impairment liability insurance with
• •
-48-
limits of ten (10) million dollars; in each case naming the
United States as the insured. In addition, Respondents shall
submit to EPA a certification that their contractors and
subcontractors have adequate insurance coverage or have
indemnification for liabilities for injuries or damages to
persons or property which may result from the activities to be
conducted by or on behalf of Respondents pursuant to this
Order. Respondents shall ensure that such insurance or
indemnification is maintained for the duration of the Work
required by this Order. Prior to commencement of the Work under
this Order, Respondents shall provide to EPA certificates of
insurance and a copy of each insurance policy. If the
Respondents demonstrate by evidence satisfactory to EPA that a,ny
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, Respondents·need provide only that portion of the
insurance described above which is not maintained by the
contractor or subcontractor.
C. For the duration of this Order, Respondents shall
satisfy, or shall ensure that their contractors or
subcontractors satisfy, all applicable laws and regulations
regarding the provision of workmen's compensation insurance for
all persons performing work on behalf of Respondents in
furtherance of this Order.
XXIV. UNITED STATES NOT LIABLE
The United States,-by the issuance of this Order, assumes no
• •
-49-
liability for any injuries or damages to persons or property
resulting from acts or omissions by Respondents, or their
directors, officers, employees, agents, representatives,
successors, assigns, contractors, or consultants in carrying out
any action or activity pursuant to this Order. Neither EPA nor
the United States may be deemed to be a party to any contract
entered into by Respondents or their directors, officers,
employees, agents, successors, assigns, contractors, or
consultants in carrying out any action or activity pursuant to
this Order.
XXV. CERTIFICATION OF COMPLETION
Within thirty (30) days after Respondents conclude that all
phases of the Work have been fully performed, that the
Performance Standards have been attained, and that all Operation
and Maintenance, and Performance Monitoring activities have been
completed, Respondents shall submit to EPA a written report by a
registered professional engineer or geologist registered in the
State of North Carolina certifying that the Work has been
completed in full satisfaction of the requirements of this
Order. EPA shall require such additional activities as may be
necessary to complete the Work or EPA may, based upon present
knowledge and Respondents' certification to EPA, issue written
notification to Respondents that the Work has been completed.
EPA's notification shall not limit EPA's right to perform
periodic reviews pursuant to Section 12l(c) of CERCLA, 42 U.S.C.
§ 962l(c), or to take or require any action that in the judgment
• •
-so-
of EPA is appropriate at the Site, in accordance with 42 u.s.c.
§§ 9604, 9606, or 9607.
XXVI. ENFORCEMENT AND RESERVATIONS
A. EPA reserves the right to bring an action against
'.
Respondents under Section 10'7 of CERCLA, 42 u.s.c. § 9607, for
recovery of any response costs incurred by the United States
related to this Order and not previously reimbursed by
Respondents. This reservation shall include but not be limited
to past costs, indirect costs, the cost of oversight, costs for
compiling the cost documentation to support oversight cost
demand, as well as accrual of interest as provided in Section
107(a) of CERCLA.
B. Notwithstanding any other provision of this Order, at"··
any time during the response action, EPA may perform its own·!,
studi~s, complete the response action (or any portion of the~
response action) as provided in CERCLA and the NCP, and seek
reimbursement from Respondents for its costs, or seek any other
appropriate relief.
C. Nothing herein shall preclude EPA from continuing any
existing enforcement actions and/or taking any additional
enforcement actions, including modification of this Order or
issuance of additional Orders, and/or additional remedial or
removal actions as EPA may deem necessary, or from requiring·
Respondents in the future to perform additional activities
pursuant to CERCLA, 42 U.S.C. Section 9606(a), et .§fill•, or any
other applicable law or seek judicial enforcement of this
Order. Respondents shall be liable under CERCLA Section 107(a);
"'
• •
-51-
42 U.S.C. § 9607(a), for the costs of any such additional
actions.
D. Notwithstanding any provision of this Order, the United
States hereby retains all of its information gathering,
inspection and enforcement authorities and rights under CERCLA,
the SWDA, and any other applicable statutes and regulations.
E. Respondents shall be subject to civil penalties under
Section 106(b) of CERCLA, 42 u.s.c. § 9606(b), of not more than
$25,000 for each day in which a violation of this Order occurs
or such failure to comply continues. Failure to comply with
this Order, or any portion hereof,-without sufficient cause, may
result in liability under Section 107(c)(3) of CERCLA, 42 U.S.C.
§ 9607(c)(3), for punitive damages in an amount at least equal
to, and not more than three times the amount of any costs
incurred by the Fund as a result of such failure to take proper
action.
F. Nothing in this Order shall constitute or be construed
as a release from any claim, cause of action or demand in law or
equity against any person, firm, partnership, subsidiary or
corporation for any liability it may have arising out of or
_relating in any way to the Site.
XXVII. EFFECTIVE DATE AND COMPUTATION OF TIME
This Order shall be effective on June 24, 1991. All times
for performance of ordered activities shall be-calculated from
this effective date. When computing any period of time under
this Order, if the last day would fall on a Saturday, Sunday, or
legal holiday, the period shall run until the next working day.
• •
-52-
XXVIII. NOTICE OF INTENT TO COMPLY
The Respondents shall provide, not later than ten (10) days
after the effective date of the Order,:written or verbal notice
to EPA stating whether they will comply with the terms of_. this
Order. Any verbal notice must be confirmed in writing within •:$'.
, two (2) days of the giving of such verbal notice. If
Respondents do not unequivocally commit, in the notice, to
perform the RD, RA, and O&M as provided by this Order they shall
be deemed to have violated this Order and to have failed and
refused to comply with this Order. The written notice or
written confirmation required by this paragraph shall set forth,
using facts that exist on or prior to the effective date of this
~
Order, any "sufficient cause'' defenses asserted by Respondents
under Sections 106(b) and 107(c) (3) of CERCLA.
XXIX. OPPORTUNITY TO CONFER
A. Respondents may, within seven (7) days of. the effective
date of this Order, make a written or oral request for a
confe~ence with EPA, Region IV to discuss this Order. If
requested, the conference shall occur at EPA, Region IV, 345
Courtland Street, Atlanta, GA 30365 on July 11, 1991. All
telephone and written communications regarding a conference
should be directed to Reuben T, Bussey, Jr., A~sistant Regional
Counsel, at 404-347-2641. The writt7n request for a conference
: ..
and notice of intent (or written confirmation, as the case may .::
be) may be delivered to EPA by some means of personal delivery
\
other than certified mail. If Respondents fail to tequest a
• •
-53-
conference within this period of time, the right to a conference
will be forfeited.
B. The purpose and scope of the conference shall be limited
to issues involving the implementation of the response actions
required by this Order and the extent to which Respondents
intend t~ comply with this Order. This conference is not an
evidentiary hearing, and does not constitute a proceeding to
challenge this Order. It does not give Respondents a right to
seek review of this Order, or to seek resolution of potential
liability, and no official stenographic record of the conference
will be made. At any conference held pursuant to Respondents'
request, Respondents may appear in person or by an attorney or
other representatives.
XXX. MODIFICATION
No material modifications shall be made to this Order
without written notification to and written approval of EPA.
The notification required by this Section shall set forth the
nature of and reasons for the requested modification. No oral
modification of this Order shall be effective. Modifications
that do not materially alter the requirements of this Order,
such as minor schedule changes, may be made upon the writter.
• • -54-
approval of EPA. Nothing in this paragraph shall be deemed to
alter EPA's authority to supervise and modify this Order.
So Ordered, this /9,,_,..day of June, 1991.
'
BY:
d
Acting Management Division
Region
U.S. Environmental Protection Agency