Post on 20-Aug-2021
-1
bullbullramprES ENVIRONMENTAL PROTECTION AGENCYREGION I
ANDMAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION
In The Matter Of
SACO MUNICIPAL LANDFILL SUPERFUND SITESaco Maine
ROBUS LEATHER CORPORATION FKA GEORGENEWMAN COMPANY SUCCESSOR BY MERGER TOBIDDEFORD INDUSTRIES INC CL HAUTHAWAYamp SONS CORP CHAMPION INTERNATIONALCORPORATION CITY OF SACO BEMIS COMPANYINC GABRIEL ELECTRONICS INCORPORATEDLITTON INDUSTRIES INC LYN-FLEXINDUSTRIES AN UNINCORPORATED DIVISION OFDER-TEX CORPORATION MILLIPORE CORPORATIONNIKE INC ZENECA INC AND SACO DEFENSEINC
US EPA REGION ICERCLA Docket NoCERCLA-I-97-1009
Respondents ))
Proceedings Under Sections 104(a) 106(a) )and 122(a) of the Comprehensive Environmental)Response Compensation and Liability Act )as amended (CERCLA) 42 USC sectsect 9604(a) )9606(a) and 9622 (a) and the Maine )Uncontrolled Hazardous Substance Sites law )38 MRSA sect 1361 et seq )
))
ADMINISTRATIVE ORDER BY CONSENT
FOR REMOVAL ACTION
o
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page i
TABLE OF CONTENTS
I JURISDICTION 1
II PARTIES BOUND 2
III DEFINITIONS 4
IV EPAS AND MAINE PEPS FINDINGS OF FACT 11
V EPAS AND MAINE PEPS DETERMINATIONS 22
VI ORDpoundR 25
VII REMOVAL WORK TO BE PERFORMED COMPLETION OF WORK 25
VIII COORDINATION AND COOPERATION WITH OTHER RESPONSE ACTIONS 28
IX ENGAGEMENT OF THE CITYS CONSULTANT AND CONTRACTOR AND PROJECT COORDINATOR 29
X DESIGNATION OF GOVERNMENT COORDINATORS 32
XI PLACE AND MANNER OF NOTICE 33
XII OBSERVATION OF THE CITYS ACTIVITIES 34
XIII NECESSITY OF FORMAL APPROVAL 35
XIV DELIVERABLES SUBMITTED TO EPA AND THE MAINE PEP 36
XV MONTHLY PROGRESS REPORTS AND MEETINGS 42
XVI QUALITY ASSURANCEQUALITY CONTROL HEALTH AND SAFETY COMPLIANCE 43
XVII SPLIT SAMPLING 44
XVIII RECORD PRESERVATION 45
Administrative Order By Concent for Removal Action Saco Municipal Landfill Superfund Site Page ii
XIX CONFIDENTIALITY CLAIMS 47
XX SITE ACCESS 48
XXI ENDANGERMENT AND EMERGENCY RESPONSE 50
XXII ADDITIONAL RESPONSE ACTIONS 52
XXIII OFF-SITE POLICY 53
XXIV OTHER APPLICABLE LAWS 55
XXV COMMUNITY RELATIONS 56
XXVI FINANCIAL ASSURANCE INSURANCE 56
XXVII REIMBURSEMENT OF EPA EXTRAORDINARY RESPONSE COSTS 58
XXVIII FORCE MAJEURE 62
XXIX DISPUTE RESOLUTION 65
XXX STIPULATED PENALTIES 67
XXXI PAYMENT BY NON-PERFORMING PARTIES 72
XXXII CIVIL PENALTIES FOR NONCOMPLIANCEENFORCEMENT 73
XXXIII COVENANT NOT TO SUE DENIAL OF LIABILITY 73
XXXIV CONTRIBUTION PROTECTION 78
XXXV EPAS AND THE STATES RESERVATION OF RIGHTS 78
XXXVI RESPONDENTS COVENANT NOT TO SUE 82
XXXVII RESPONDENTS RESERVATION OF RIGHTS 83
XXXVIII OTHER CLAIMS 85
XXXIX INDEMNIFICATION 86
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page iii
XXXX WAIVER OF SETTLEMENT CONFERENCE 87
XXXXI MODIFICATION OF ORDER 87
XXXXII SEPARATE DOCUMENTS 88
XXXXIII EFFECTIVE DATE 88
XXXXIV TERMINATION 88
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 1
I JURISDICTION
1 This Administrative Order by Consent for Removal Action is
entered into voluntarily by and between the United States
Environmental Protection Agency (EPA) the State of Maine and
all of the Respondents listed in the caption above (hereinafter
the Respondents) This Order concerns the performance of the
Removal Action in connection with the Superfund Site known as the
Saco Municipal Landfill Site (the Site) in Saco York County
Maine This Order is issued pursuant to the authority vested in
the President of the United States by Sections 104(a) 106(a) and
122(a) of the Comprehensive Environmental Response Compensation
and Liability Act as amended (CERCLA) 42 USC sectsect 9604(a)
9606(a) and 9622(a) These authorities were delegated to the
Administrator of EPA on January 23 1987 by Executive Order
12580 52 Fed Reg 2926 (January 29 1987) and further
delegated to the EPA Region I Regional Administrator on
September 13 1987 by EPA delegation Nos 14-14-A and 14-14-C
and further delegated to the Director of the Office of Site
Remediation and Restoration Director This Administrative Order
by Consent is also issued pursuant to the authority vested in the
Commissioner of the Maine DEP by the Maine Uncontrolled Hazardous
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sita Page 2
Substance Sites Law 38 MRSA sect 1365(1) amp (2) (1989 amp Suf j
1997) The Respondents agree not to contest the authority or
jurisdiction of the EPA Regional Administrator the State of
Maine or their delegatees to issue this Order in any subsequent
proceeding to enforce the terms of this Order
2 EPA notified the Federal Natural Resource Trustees of
this action on September 23 1996 pursuant to Section 122(j) of
CERCLA 42 USC sect 9622(j)
II PARTIES BOUND
3 This Order shall apply to and be binding upon EPA the
State of Maine and the Respondents their successors and
assigns and upon all persons contractors and consultants whom
the Respondents have authorized to act on their behalf to perform
Work pursuant to this Order No change or changes in the
ownership or corporate or legal status of any of the Respondents
including but not limited to any transfer of assets or real or
personal property shall in any way alter the Respondents
responsibilities under this Order Each Respondent shall provide
a copy of this Order to any subsequent owners or successors (or
purchasers of all or substantially all assets) before ownership
rights are transferred The signatories to this Order certify
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 3
that they are authorized to execute and legally bind the parties
they represent
4 Any Respondent that owns any portion of the Site shall
at least 30 days prior to the conveyance of any interest in real
property at the Site give written notice that the property is
subject to this Order to the transferee and written notice to EPA
and the State of the proposed conveyance including the name and
address of the transferee
5 The City of Saco (hereafter the City) shall provide a
copy of this Order to all contractors subcontractors
laboratories and consultants retained to conduct any portion of
the Work performed pursuant to this Order within fourteen (14)
days after the effective date of this Order or after the date of
such retention whichever is later Notwithstanding the terms of
any contract the City is responsible for compliance with all
requirements of this Order (except for Paragraph 96 and
obligations arising therefrom) and for ensuring that all persons
contractors sub-contractors agents and consultants whom the
City has authorized to act on its behalf comply with this Order
In the event of conflict between this Administrative Order by
Consent and any document attached to incorporated into or
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 4
enforceable hereunder the provisions of this Administrative
Order by Consent shall control Any reference herein to the
Work shall mean all activities conducted pursuant to this Order
including but not limited to the Removal Action and all
response actions to be undertaken pursuant to the Action
Memorandum for a Non-Time-Critical Removal Action at the Site
except those activities required by Section XVIII (Record
Preservation) and Paragraph 96 (Payment by Non-Performing
Respondents)
III DEFINITIONS
6 Unless otherwise expressly provided herein terms used
in this Order 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 Order or in the appendices attached hereto and
incorporated hereunder the following definitions shall apply
a Action Memorandum shall mean the EPA Action
Memorandum relating to the Saco Municipal Landfill Site
signed on September 23 1996 by the Director of the Office
of Site Remediation and Restoration (OSRR) EPA Region I
as amended and all attachments thereto
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 5
b Cost Recovery Administrative Agreement shall mea the
Cost Recovery Administrative Agreement Docket No CERCLA shy
1-97-1010 entered by the Respondents and EPA
c Day shall mean a calendar day unless expressly stated
to be a working day or unless the reference is to a period
of ten (10) days or less in which case intervening weekend
days and legal federal holidays shall not be counted in
determining dates In all other instances of computing any
period of time under this Order 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 Working day shall mean a day other than a Saturday
Sunday or federal holiday
d Deliverable shall mean any contract deliverable
plan report notice specification schedule or other item
or document required to be submitted by the City pursuant to
the Order or Statement of Work
e EPA Approval or EPA Review and Approval shall mean
the procedures specified in Section XIVA of this Order
Administrative Order By Consent for Removal Action Saco Municipal Landfill Super-fund Site Page 6
f Extraordinary Response Costs shall mean any costo EPA
or the Maine DEP incur pursuant to Paragraphs 52d 65 69
102 and 104
g Landfill shall mean the Saco Municipal Landfill
which is owned by the City and comprised of four waste
disposal areas (identified as Areas 1 2 3 and 4 in
Appendix A) situated on the 90 acre Landfill Parcel located
on Foss Road in Saco York County Maine owned by the City
h Landfill Parcel shall mean the 90 acre parcel of land
owned by the City on Foss Road in Saco York County Maine
upon which the Landfill is situated
i National Contingency Plan or NCP shall mean the
National Oil and Hazardous Substances Pollution Contingency
Plan promulgated pursuant to Section 105 of CERCLA 42
USC sect 9605 codified at 40 CFR Part 300 and any
amendments thereto
j NTCRA shall mean the Non-Time-Critical Removal Action
undertaken pursuant to this Order
k Order shall mean this Administrative Order by
Consent the Statement of Work (SOW) and any other
appendices or attachments thereto including any future
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 7
modifications as provided by the terms of this
Administrative Order by Consent as may be added hereafter
including (upon EPA Approval or the Citys Certification)
any Deliverables required by this Order such Deliverables
shall be incorporated into and enforceable under this Order
upon EPA Approval or the Citys Certification
1 Oversight Costs shall mean all costs including but
not limited to direct and indirect costs not inconsistent
with the NCP that EPA the Department of Justice or the
State of Maine incur after the effective date of this Order
in overseeing this Order and the Cost Recovery
Administrative Agreement including costs incurred for
negotiating amendments to these instruments- costs incurred
for reviewing or developing plans reports and other items
in connection with this Order costs incurred for overseeing
actions undertaken by the City at the Site pursuant to this
Order including but not limited to payroll costs
contractor costs travel costs and laboratory costs- any
payments tc the State through a cooperative agreement lt~osts
incurred by EPA under or in connection with a contract or
arrangement between EPA and a qualified person to assist EPA
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 8
in overseeing and reviewing the conduct of activities
required under this Order costs of contractors hired by EPA
and other federal agencies to assist in the evaluation of
Respondents Work under this Order costs related to
community relationsinvolvement and any Interest accruing
from the date payment for such costs is due Extraordinary
Response Costs shall be excluded from the definition of
Oversight Costs
m Paragraph shall mean a portion of this Order
identified by an Arabic numeral or an upper case letter
n Parties shall mean EPA the State of Maine and the
Respondents
o Past Response Costs shall mean all costs including
but not limited to direct and indirect costs that EPA the
US Department of Justice or the State of Maine incurred
at the Site or in connection with the Site through the
effective date of this Order plus accrued Interest on all
such costs through such date
p Post-Removal Site Control shall mean those activities
necessary to maintain the effectiveness and integrity of the
NTCRA
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 9
q Prior MEDEP Orders and Consent Decrees shall meai The
1970 Consent Agreement and Order issued by the MEDEP to the
City the 1981 Administrative Consent Agreement and
Enforcement Order issued by MEDEP to the City the 1984
Consent Decree entered by the MEDEP and the City the 1986
First Amendment to the 1984 Consent Decree the 1987 Consent
Decree between the MEDEP and the City and all other
administrative orders and consent decrees related to the
Site issued by the MEDEP to the City prior to the effective
date of this Order
r Removal Action shall mean all activities that the
Respondents are required to perform under this Order
including but not limited to all response actions to be
undertaken pursuant to the Action Memorandum for a Non-Time
Critical Removal Action at the Site dated September 23
1996 except those activities required by Section XVIII
(Record Preservation) and Paragraph 96 (Payment by Non-
Performing Respondents)
s Response Costs shall mean all costs including but
not limited to direct and indirect costs plus Interest on
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 10
all such costs that EPA the US Department of Justice or
the State of Maine incur in connection this Order
t Performing Respondent shall mean the City of Saco
Maine
u Performing Respondents Certification shall mean the
procedures specified in Section XIVB of this Order
v Non-Performing Respondents shall mean those parties
identified in Paragraph 12
w RIFS Order shall mean the Administrative Order by
Consent for Remedial InvestigationFeasibility Study EPA
Region I CERCLA Docket No I-CERCLA-95-1069
x RIFS Response Costs shall mean those costs
including but not limited to direct and indirect costs that
EPA the US Department of Justice or the State of Maine
incurred or will incur in connection with the RIFS Order
plus accrued Interest on all such costs
y RFC shall mean the Citys Project Coordinator
z RPM shall mean EPAs Remedial Project Manager
aa Section shall mean a portion of this Order identified
by a Roman numeral
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 11
bb Site shall mean the Saco Municipal Landfill Supe fund
Site encompassing the Landfill the Landfill Parcel and
all other areas where hazardous substances migrating from
the Landfill have come to be located and all areas in
proximity to the hazardous substances necessary for
implementation of the response action
cc State shall mean the State of Maine including MEDEP
dd Statement of Work or SOW shall mean the statement
of work for the design and implementation of the Removal
Action as set forth in Appendix B to this Order any
modifications made in accordance with this Order and any
attachments to the SOW
ee MEDEP or Maine DEP shall mean the State of Maine
Department of Environmental Protection and any predecessor
or successor departments or agencies of the State
IV EPAS AND MAINE PEPS FINDINGS OF FACT
Site Description and History
7 The Site is in a rural residential area Wooded areas
surround the Site in all directions with the exception of an
open sand and gravel quarry to the southeast private residences
are located to the north and east The closest residence is
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 12
approximately 1000 feet northeast of the entrance to the
landfill In 1975 a waterline extension for the Biddeford and
Saco Water Company was installed along Buxton Road which is to
the east of the Site north to the Louden Road that services
many of the private residences in the area
8 The City of Saco operated the Landfill from 1963 until
approximately 1988 Solid wastes commercial wastes and
industrial wastes were disposed of at the Landfill In 1987 the
City of Saco began operating and continues to operate a
transfer station and compost area near the northern perimeter of
the Landfill Parcel and to the west of Foss Road The transfer
station receives and temporarily stores demolition debris wood
waste and white goods prior to off-site disposal The Landfill
is comprised of four distinct waste deposition areas (Areas 1 2
3 and 4) A brook known as Sandy Brook flows northwest to
southeast through the Landfill Parcel with Landfill Areas 1 and
2 to the east and Areas 3 and 4 to the west of Sandy Brook
9 Following reports of ground water and surface water
contamination from leachate from the Landfill the Maine DEP
began investigating the Site in 1974 A 1974 report by a
consultant for the City of Saco identified leachate originating
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 13
from Area 1 at the Landfill as a source of contamination and a
1975-1976 report recommended capping Area 1 to prevent continued
leachate generation Further studies by other consultants as
well as by the Maine DEP and EPA identified volatile organic
compounds metals and semi-volatile compounds including but not
limited to acetone bis (2-ethylhexyl) phthalate chromium 11shy
dichloroethane iron lead manganese methyl ethyl ketone and
toluene in the leachate ground water andor surface water at
the Site at the time of the additional studies
10a In February 1976 the Maine DEP issued a Consent
Agreement and Order (Consent Order) to the City of Saco to
abate leachate migration from the Landfill Pursuant to the
Consent Order the City of Saco regraded Area 1 and covered it
with a clay cap in the fall of 1976 In September 1981 the
Maine DEP issued-an Administrative Consent Agreement and
Enforcement Order to the City of Saco requiring submittal of a
closure plan for the entire Landfill The City of Saco submitted
a closure plan to the Maine DEP in March and November 1984
Following Maine DEP approval of the submitted plan the Maine DEP
and the City of Saco entered into a Consent Decree effective
December 31 1984 under which the City of Saco agreed to perform
Administrative Order By Conaent for Removal Action Saco Municipal Landfill Super-fund Site Page 14
the closure plan for the Landfill Pursuant to the approved
closure plan the City of Saco installed a leachate recirculation
system in Area 2 and covered this area of the Landfill with a
clay cap In addition in a separate action from 1985 to 1991
the City of Saco allowed the temporary storage of solid waste
from Nike Inc in Area 3 which was later sent off-site for
incineration Area 4 of the Landfill has been graded and is
covered with a thin layer of soil
b A number of monitoring efforts at the Site have
been undertaken by the City of Saco and others In 1980 34
private wells located near the Site were sampled In 1984 the
City of Saco contracted with Dubois amp King which installed 24
additional monitoring wells conducted sampling of groundwater
surface water off-site residential wells and ponds and
initiated quarterly sampling In 1987-1988 the City of Saco
contracted with Balsam Environmental Consultants to conduct
sampling of groundwater surface water and leachate in
preparation for Landfill closure activities In 1989 Balsam
evaluated the existing monitoring well network and submitted a
Remedial Investigation Plan
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 15
c From September 1992-April 1994 Halliburton NUS
Corporation provided technical assistance to EPA conducted a
Limited Field Investigation under EPA oversight and prepared a
Final Site Summary Report regarding the Site In 1993-1994 the
US Geological Survey under an Interagency Agreement with the
EPA conducted a detailed geologichydrogeologic review of the
Site and installed monitoring wells performed numerous
geophysical analyses and monitored and sampled surface water
B Performing Respondent
11 The City of Saco is a municipality which currently owns
the Landfill Parcel and the Landfill and owned the landfill
Parcel and the Landfill during the time of disposal of hazardous
substances at the Landfill The City also operated the Landfill
during the time of disposal of hazardous substances at the
Landfill either directly or through a contractor The City of
Saco typically provided trash removal services for residential
and non-industrial commercial entities Industrial entities
handled their own waste hauling to the Landfill
C Non-Performing Respondents
12 The following parties are Non-Performing Respondents
Robus Leather Corporation fka George Newman amp Company
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 16
successor by merger to Biddeford Industries Inc a corporation
under the law of the State of Ohio CL Hauthaway amp Sons Corp
a corporation under the law of the Commonwealth of Massachusettsshy
Gabriel Electronics Incorporated a corporation under the law of
the State of Maine Litton Industries Inc a corporation under
the law c_ the State of Delaware- Lyn-Flex Industries an
unincorporated division of Der-Tex Corporation a corporation
under the law of the Commonwealth of Massachusetts Millipore
Corporation a corporation under the law of the Commonwealth of
Massachusetts Nike Inc a corporation under the law of the
State of Oregon ZENECA Inc a corporation under the law of the
State of Delaware Saco Defense Inc a corporation under the law
of the State of Delaware Bemis Company Inc a corporation
under the law of the State of Missouri and Champion
International Corporation a corporation under the law of the
State of New York EPA and Maine DEP allege that each Non-
Performing Respondent arranged by contract agreement or
otherwise for the disposal or treatment of hazardous substances
at the Landfill andor accepted or
had a corporate relationship with a person that accepted
hazardous substances for transport to the Landfill
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 17
C Environmental Status of Site
13 Beginning in the mid-1970s individuals residing near
the Site reported water quality concerns regarding their drinking
water wells To address these concerns the municipal water
supply was extended along Buxton Road (Route 112) in 1975
14 Based upon the hazardous substance releases detected
during EPA MEDEP and City of Saco investigations at the Site
and other information available to EPA regarding disposal of
hazardous substances by industrial generators at the Landfill
and pursuant to Section 105(a)(8)(B) of CERCLA 42 USC
sect 9605(a)(8)(B) the Site was proposed for inclusion on the
National Priorities List (NPL) published by the Administrator
of EPA in the Federal Register on June 24 1988 (NPL Update 7
53 Fed Reg 23988-98) The Site was listed for final inclusion
on the NPL on February 21 1990 (NPL Final Rule Update 7 55
Fed Reg 6154)
15 EPA MEDEP and the City of Saco have entered into the
Administrative Order by Consent for Remedial Investigation
Feasibility Study US EPA Region I CERCLA Docket No I-CERCLAshy
95-1069 (RIFS Order) in order to fully investigate the release
or threat of release of hazardous substances at the Site The
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 18
RIFS Order became effective on October 2 1995 The Remedial
Investigation and Feasibility (RIFS) Study is still in
progress
16 The RIFS and earlier investigations have revealed that
the landfill waste material is the source of hazardous substances
migrating to the underlying soils groundwater sediments and
surface water Hazardous substances were detected in groundwater
monitoring wells adjacent to and downgradient of the Site
indicating that hazardous substances have migrated from the Site
into the overburden groundwater which discharges to Sandy Brook
Groundwater data indicates that hazardous substances including
but not limited to arsenic manganese vinyl chloride benzene
and bis(2-ethylhexyl)phthalate are present at concentrations
above the maximum contaminant levels established under the
federal Safe Drinking Water Act and the Maine Maximum Exposure
Guidelines In addition hazardous substances from the Site have
accumulated in the sediments of leachate seeps adjacent to Sandy
Brook The level of arsenic in one leachate seep adjacent to
Sandy Brook is over 200 times the National Oceanic and
Atmospheric Effects Range-Low concentrations for sediments (NOAA
ER-L)
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 19
17 On June 6 1996 EPA issued an Engineering
EvaluationCost Analysis (EECA) Approval Memorandum for the
Site In this memorandum EPA concludes that a CERCLA Non-Time-
Critical Removal Action is necessary and appropriate to control
the source of hazardous substance releases at the Site and
authorizes the undertaking of an EECA study to evaluate various
response options On July 26 1996 EPA approved the EECA
Report prepared by the City of Saco pursuant to the RIFS Order
18 On September 23 1996 the Director of OSRR EPA Region
I signed an Action Memorandum for a Non-Time-Critical Removal
Action at the Site In order to control and contain the release
of hazardous substances from Areas 3 and 4 of the Saco Municipal
Landfill Site the Action Memorandum calls for excavation of
groundwater seep sediments with arsenic concentrations above 19
mgkg the construction of a multi-layer landfill cap
institutional controls long-term monitoring and Post-Removal
Site Control (operation and maintenance) of the cap and
monitoring wells
D Endangerment and Response
19 The primary route by which human populations could be
exposed to hazardous substances migrating from the Site is
Administrative Order By Concent for Removal Action Saeo Municipal Landfill Superfund Site Page 20
ingestion of groundwater in the vicinity of Areas 3 and 4 At
present no residents living near the Site are known to be
consuming impacted groundwater However the potential exists
for new residences to be located (with associated drinking water
wells) near the Site
20 Due to ongoing weather conditions water infiltrates
the landfill waste material and underlying soils causing the
leaching of hazardous substances to the groundwater and the
migration of such substances through the groundwater An
exposure pathway potentially exists therefore through the
ingestion of water from a drinking water well installed in the
groundwater impacted by the hazardous substances
21 A risk evaluation performed for the EECA Approval Memo
concludes that there is an unacceptable cancer and non-cancer
risk from exposure to substances in the groundwater including
those hazardous substances listed in Paragraph 9 above The
cumulative excess cancer risk resulting from ingestion of
groundwater by a future user is estimated as 1 x 10~2 for the
reasonable maximum exposed individual and 91 x 104 for the
average exposed individual These levels exceed the highest
acceptable level of risk (1 x 10) established by EPA under the
Administrative Order By Convent for Removal Action Saoo Municipal Landfill Superfund Site Page 21
National Contingency Plan The hazard index which is an
expression of the potential noncarcinogenic effects (eg liver
damage) of the hazardous substances is estimated as 64 for the
reasonable maximum exposed individual and 22 for the average
exposed individual A hazard index significantly greater than
one is considered to pose an unacceptable risk
22 The EECA Approval Memo risk evaluation also identified
an unacceptable risk from human exposure to the maximum
concentrations of arsenic in the groundwater seeps and an
unacceptable non-cancer risk from human exposure to chromium in
the soils adjacent to Area 3
23 An ecological risk was also identified by the EECA
Approval Memo risk evaluation Iron concentrations in Sandy
Brook were up to 18 times the ambient water quality criteria and
arsenic concentrations in Sandy Brook sediments and the
groundwater seep sediments were 138 times the NOAA ER-L
24 The Removal Action specified in the Action Memorandum
signed by the Director of OSRR EPA Region I on September 23
1996 and as detailed in the Order and SOW is designed to
control the actual or threatened release of hazardous substances
into the groundwater air surface water and sediments and
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 22
thereby prevent minimize andor mitigate the imminent and
substantial endangerment to the public health or welfare or the
environment posed by the actual or potential releases of
hazardous substances from the Landfill
V EPAS AND MAINE PEPS DETERMINATIONS
Based on the Findings of Fact set forth above and the
administrative record supporting the Removal Action EPA and the
Maine DEP have determined that
25 The Saco Municipal Landfill Superfund Site is a
facility as defined by Section 101(9) of CERCLA 42 USC
sect 9601(9) and an uncontrolled hazardous substance site within
the meaning of the Maine Uncontrolled Sites Law 38 MRSA
sect 1362(3) (1989 amp Supp 1997)
26 The hazardous substances found at the Site as
identified in the Findings of Fact above include hazardous
substance(s) as defined by Section 101(14) of CERCLA 42 USC
sect 9601(14) and the Maine Uncontrolled Sites Law 38 MRSA
sect 1362(1) (1989 amp Supp 1997)
27 Each Respondent is a person as defined by Section
101(21) of CERCLA 42 USC sect 9601(21)
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 23
28 Each Respondent is a liable party within the meaning of
Section 107(a) of CERCLA 42 USC sect 9607(a) and a responsible
party within the meaning of the Maine Uncontrolled Hazardous
Substances Sites Law 38 MRSA sect 1362(2) (1989 amp Supp 1997)
29 The conditions described in the Findings of Fact above
constitute an actual or threatened release of a hazardous
substance from the facility into the environment as defined by
Section 101(8) and (22) of CERCLA 42 USC sect 9601(8) and (22)
30 The conditions present at the Site may constitute a
threat to public health welfare andor the environment based
upon the factors set forth in Section 300415(b)(2) of the
National Contingency Plan 40 CFR sect 300415(b)(2)
31 The actual or threatened release of hazardous
substances from the Site may present an imminent and substantial
endangerment to the public health welfare or the environment
within the meaning of Section 106(a) of CERCLA 42 USC
sect 9606(a) and may constitute threats or hazards posed or
potentially posed by an uncontrolled site within the meaning of
the Maine Uncontrolled Sites Law 38 MRSA sect 1364 (1989 amp
Supp 1997)
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 24
32 In order to protect the public health and welfare and
the environment and prevent the further release or threat of
release of hazardous substances in at or from the Site a
Removal Action is necessary and appropriate The Removal Action
will consist of implementation of this Order and SOW The SOW is
designed to prevent minimize andor mitigate damage to the
public health or welfare or the environment which may otherwise
result from the release or threat of release of hazardous
substances and was developed in accordance with the criteria set
forth at Section 300415 of the NCP 40 CFR sect 300415 The
Removal Action is not inconsistent with the NCP and CERCLA
33 Despite the Non-Performing Respondents agreement to
make payments to be used for performance of the Work and the
Performing Respondents agreement to perform Work under this
Order Respondents do not admit any of the factual or legal
determinations made by EPA and Maine DEP Respondents agreement
to this Order shall not be construed to be an acknowledgment that
the release or threatened release constitutes an imminent and
substantial endangerment to the public health or welfare or the
environment Except as otherwise provided in the Federal Rules
of Evidence and other than in proceedings to enforce i) this
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 25
Order ii) any agreement between and amonc e Performing
Respondent and Non-Performing Respondents regarding the Site or
iii) a judgment relating to this Order or any such agreement
Respondents participation in this settlement shall not be
considered an admission of liability for any purpose and the
fact of such participation shall not be admissible in any
judicial or administrative proceeding
VI ORDER
34 Based upon EPAs and MEDEPs jurisdiction the Findings
of Fact and Determinations set forth above and the
administrative record supporting the Removal Action EPA and the
Maine DEP hereby order and the Parties hereby agree that the
Respondents as required herein shall comply with the provisions
of this Order and SOW and perform all actions required by the
terms and conditions of this Order and SOW
VII REMOVAL WORK TO BE PERFORMED COMPLETION OF WORK
35 Upon the effective date of this Order the City shall
perform the Work detailed in the SOW to perform the Removal
Action and meet the performance standards specified in the Action
Memorandum and the SOW The Parties agree that the SOW is
consistent with the Action Memorandum Notwithstanding any
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 26
determination that EPA may make under Paragraph 70 cpound this Order
that additional response actions are necessary to attain the
performance standards specified in the Action Memorandum
compliance with the Work requirements specified in the SOW shall
constitute compliance with the Citys obligation to perform the
Work required by this Paragraph (Paragraph 35) If the SOW must
be modified to ensure that the City meets the performance
standards specified in the Action Memorandum and the SOW the
City must thereafter complete the Work required by the SOW as
modified As specified in the SOW the Removal Action will
generally consist of (i) excavation of all sediments in the
groundwater seep adjacent to Sandy Brook having an arsenic
concentration above 19 mgkg (ii) the design and construction of
a multi-layer low hydraulic conductivity cap over the landfill
(iii) long-term monitoring of the groundwater surface water and
sediments (iv) Post-Removal Site Control and (v) institutional
controls including deed restrictions andor other controls to
prohibit the future use of the Site in any manner that would
compromise the integrity of the cap and its related systems
36 The City shall conduct as necessary Post-Removal Site
Control at the Site in accordance with the SOW All activities
Administrative Order By Connent for Removal Action Saco Municipal Landfill Superfund Site Page 27
performed by the City shall be conducted in accordance with
CERCLA the NCP applicable guidance documents specified by EPA
in the SOW and the provisions of this Order including any
standards specifications and time schedules contained in the
SOW (as such may be amended) and its attachments
37 Pursuant to the schedule in Attachment A to the SOW
the City shall submit for EPA Approval the Final Demonstration of
Compliance and Completion of Removal Action Report (the Final
Completion of Removal Action Report) The Final Completion of
Removal Action Report shall conform to the requirements specified
in the SOW The Final Completion of Removal Action Report shall
also include the following certification signed by the Citys
Project Coordinator or a responsible City official
On behalf of the City for whom I have the authority to make this certification I certify that to the best of my knowledge after appropriate inquiries of relevant persons involved in the preparation of the Report the information submitted 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
38 If EPA after reasonable opportunity for review and
comment by the State determines that the construction portion of
the Removal Action has been fully performed in accordance with
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superpoundund Site Page 28
this Order (with the exception of continuing obligations required
by this Order including without limitation Post-Removal Site
Control long-term monitoring and record preservation) and that
the performance standards specified in the Action Memorandum and
the SOW have been achieved EPA will provide written notice to
the City If EPA after reasonable opportunity for review and
comment by the State determines that all activities have not
been completed in accordance with the provisions of this Order
it will so notify the City and provide a list of the tasks
remaining and a schedule for their completion Subject to the
Citys right to invoke Dispute Resolution the City shall perform
all remaining tasks and shall submit an amended Final Completion
of Removal Action Report in accordance with the EPA notice
VIII COORDINATION AND COOPERATION WITH OTHER RESPONSE ACTIONS
39 The Parties recognize that (i) the City of Saco is
currently performing an RIFS at the Site (ii) EPA intends
after reasonable opportunity for review and comment by the Maine
DEP to select a final remedial action for the Site following
completion of the RIFS and (iii) the design andor construction
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Superfund Site Page 29
of a future remedial action may be performed concurrently with
the Citys performance of portions of the Removal Action
40 The City shall coordinate and cooperate fully with EPA
the State and any other person conducting future response
actions at the Site under EPA or State supervision The City
shall not interfere with or hinder the performance of future
response actions nor take any actions inconsistent with the
performance of any future response actions Further the City
shall provide such assistance and information as EPA deems
necessary to ensure the smooth transfer of the operation and
maintenance of the landfill systems to EPA and any other person
conducting future response actions at the Site under EPA or State
supervision if such becomes necessary
IX ENSftlt3EMTiTJT 9F THE CITYS CONSULTANT AND CONTRACTOR AND PROJECT COORDINATOR
41 The City has selected a qualified Consultant (the
Consultant) Woodard and Curran Inc to perform engineering
consulting work including cap design required under this Order
Additional technical activities including cap construction will
be performed by a contractor yet to be selected The Consultant
and contractor shall employ key personnel dedicated to the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 30
Removal Action that shall have a minimum of five (5) years of
direct experience in performing response actions at hazardous
waste sites Subcontractors retained by the Consultant or
contractor shall contribute no more than fifty percent (50) of
the total work to be conducted under the agreement between the
City and the Consultant All work performed by said Consultant
and contractor pursuant to this Order shall be unde^ the general
direction and supervision of a qualified individual with
expertise in hazardous waste site cleanup The contractor shall
employ such professional staff and shall contract with
appropriate subcontractors sufficient to perform the Removal
Action prior to engagement by the City
42 The City shall provide written notice to EPA and the
Maine DEP within ten (10) days after engaging a contractor The
notice shall include a copy of the Citys contract with the
contractor a statement of qualifications identification of
project personnel and language dedicating the specific
professional staff for specific hours devoted to the project
The City shall notify EPA and the Maine DEP regarding the
identity and qualifications of all subcontractors as soon as each
subcontractor is engaged or at least fourteen (14) days prior to
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Superfund Site Page 31
the subcontractors commencement of Site Work whichever occurs
first Notice by the Citys contractor or subcontractor shall be
deemed notice by the City EPA after reasonable opportunity for
review and comment by the Maine DEP shall have the right
subject to the Citys right to invoke Dispute Resolution to
disapprove based on professional qualifications conflicts of
interest andor deficiencies in previous similar work the
Consultant and any contractor or subcontractor or other person
engaged directly or indirectly by the City to conduct the Work
under this Order The City shall not be deemed in violation of
this Order because the Work has been performed by a contractor or
subcontractor or other person engaged directly or indirectly by
the City to conduct the Work under this Order which is
subsequently disapproved by EPA
43 Within fourteen (14) days after the effective date of
this Order the City shall designate a Project Coordinator who
shall be responsible for the administration of all actions called
for by this Order and shall submit the Coordinators name
address and telephone number to EPA and the ^aine DEP Any
subsequent change in the Citys Project Coordinator shall be
accomplished to the extent possible by notifying EPA and the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 32
Maine DEP in writing at least fourteen (14) days prior to the
change The Citys Project Coordinator shall be subject to
disapproval by EPA and shall have the technical expertise
sufficient to adequately oversee all aspects of the work required
under this Order
X DESIGNATION OF GOVERfffMHSITT COORDINATORS
44 EPA will designate a Remedial Project Manager (WRPM)
for administration of its responsibilities for oversight of the
day-to-day activities conducted under the Order and for receipt
of all written matter including deliverables required by the
Order The Maine DEP may designate a Maine DEP Project Manager
for the administration of its responsibilities for oversight of
the day-to-day activities conducted under the Order and for
receipt of all written matter including deliverables submitted
to the Maine DEP as required by this Order In addition EPA
will designate a Geographic Section Chief (GSC) who shall have
ultimate responsibility for the approvaldisapproval findings and
comments on Deliverables pursuant to Section XIV of this Order
EPA will submit the name address and telephone number of the
RPM and GSC to the City and the Maine DEP within fourteen (14)
days after the effective date of this Order EPA shall notify
Administrative Order By Consent for Removal Action Saco Municipal Landfill Suparfund Site Page 33
the City and the Maine DEP in writing of any subsequent changes
in the RPM or GSC
45 The RPM shall have the authority vested in the On-Scene
Coordinator and the Remedial Project Manager by the National
Contingency Plan as amended 40 CFR Part 300 This includes
the authority to halt conduct or direct any tasks required by
this Order andor any response action or portions thereof when
conditions may present an imminent and substantial endangerment
to public health or welfare or the environment The absence of
the EPA RPM from the Site shall not be cause for the City to halt
actions at the Site unless specifically directed by the RPM
XI PLACE AND MANNER OF NOTICE
46 Communications between the City and EPA andor the
Maine DEP and all documents including reports approvals
disapprovals written notice and other correspondence concerning
the activities performed pursuant to the terms and conditions of
this Order shall be directed through the Citys Project
Coordinator the EPA RPM and the Maine DEP Project Manager For
each Deliverable provided to EPA one (I) camera ready (unbound)
original shall be submitted along with such additional copies as
are required by the RPM Additionally two (2) copies shall be
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 34
submitted to the Maine DEP Project Manager along with such
additional copies as the Maine DEP Project Manager may request
All such documents submitted pursuant to this Order shall be sent
by certified mail return receipt requested or by overnight
delivery service or by courier to the EPA RPM and the Maine DEP
Project Manager at the following addresses or to such other
addresses as EPA or the State hereafter may designate in writing
Mary Jane ODonnell Chief MEVTCT Superfund Section US Environmental Protection Agency Office of Site Remediation and Restoration - HBT JFK Federal Building Boston MA 02203
Wilkes Harper Maine DEP Bureau of Remediation and Waste Management 17 State House Station Augusta ME 04333-0017
XII OBSERVATION OF THE CITYS ACTIVITIES
47 The City shall allow the EPA RPM EPA and State
employees (including but not limited to the Maine DEPs Project
Manager) agents consultants contractors and authorized
representatives to observe the Citys Work at the Site in
implementing the Removal Action activities pursuant to this
Order All activities under this Order shall comply with the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 35
provisions for respmdash pe action worker safety and health in
29 CFR sect 1910120 EPA and Maine DEP will provide reasonable
notice to the City prior to such observation to the extent
practicable The City shall permit such persons (i) to inspect
and copy all non-privileged records documents files or other
writings that relate in any way to the work at the Site and that
would be available to EPA pursuant to its authority under Section
104(e)(2) of CERCLA (ii) to record all field activities by means
of photographic or other recording equipment (iii) to enter and
to freely move about all property on or about the Site during
field activities and at all other reasonable times (iv) to
conduct such tests as EPA may deem necessary (the results of
which shall be available to the Respondents and (v) to verify
the data submitted to EPA by the City The City shall not assert
privileges with respect to technical data regarding the Site
collected pursuant to any requirement of the RIFS Administrative
Order by Consent this Order or any other EPA or Maine DEP
request
XIII NECESSITY OF FORMAL APPROVAL
48 No informal advice guidance suggestions or comments
whether written or oral by EPA or the Maine DEP regarding
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 36
Deliverables or regarding any orv er written or oral information
submitted by the City to EPA (including any information the City
provides to EPA before during or after meetings) shall be
construed as relieving the City of its obligations to obtain such
formal reviews as may be required by this Order and SOW
XIV DELIVERABLES SUBMITTED TO EPA AND THE MAINE PEP
49 For Deliverables which require EPA Approval as
specified in this Order or the SOW the City shall comply with
the procedures set forth in subsection XIVA below For
Deliverables which require Performing Respondents Certification
as specified in the SOW the City shall comply with the
procedures set forth in subsection XIVB below
50 All Deliverables submitted to EPA and the Maine DEP
shall be delivered to EPA and the Maine DEP in accordance with
the schedule set forth in the SOW or otherwise established under
this Order or as modified in accordance with Section XXXXI All
Deliverables which have not received an Approval or Approval with
Conditions pursuant to subsection XIVA below or which require
the Citys Certification pursuant to subsection XIVB below
shall include the following disclaimer in a prominent location in
the document Disclaimer This document has been prepared by
Administrative Order By Concent for Removal Action Saco Municipal Landfill Superfund Site Page 37
the City pursuant to a government administrative order and has
not received final acceptance from the US Environmental
Protection Agency The opinions findings and conclusions
expressed are those of the authors and not those of the US
Environmental Protection Agency or Maine Department of
Environmental Protection In addition any such Deliverable
which requires EPA Approval pursuant to subsection XIVA below
and which has not received final approval from EPA shall be
marked DRAFT on each page
51 Any Deliverable required by this Order or SOW shall be
incorporated in and become an enforceable part of this Order
upon EPA Approval pursuant to subsection XIVA or upon the
Performing Respondents Certification pursuant to subsection
XIVB whichever applies Delay or noncompliance with such
Deliverables shall be considered delay or noncompliance with
requirements of this Order and the provisions of Section XXX
(Stipulated Penalties) shall apply
A Deliverables Requiring EPA Approval
52 EPA will review each Deliverable which requires EPA
Approval as specified in this Order or Attachment A of the SOW to
determine after reasonable opportunity for review and comment by
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 38
the Maine DEP whether it is consistent wi^b the requirement-^ of
the SOW and the Order and may respond to the City with one or
more of the following findings
a Approval -- means that the City shall proceed with the
next scheduled activity consistent this Order
(including the approved Deliverable)
b Approval with Conditions -- means that the City shall
proceed with the next scheduled activity subject to
certain required modifications or conditions set forth
in the EPA comments In its response EPA will specify
a schedule for resubmitting the Deliverable with the
required modifications or conditions as set forth in
the EPA comments and EPA will specify in writing the
required modifications or conditions If the City
fails to resubmit the Deliverable within the specified
time EPA may order the City to cease work on the
activity or any portion of it until such time as the
modification is made or the condition is met
c Disapproval with Modification Required -- means that
the City shall not proceed until it modifies the
Deliverable to correct the deficiencies delineated in
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 39
EPAs corr(ccergtsl and resubmits the Deliverable for
further EPA review Modifications may be required in
any originally-submitted Deliverable any portions of a
Deliverable or any Deliverable or portion of a
Deliverable resubmitted to EPA EPA will specify a
schedule for resubmitting any Deliverable requiring
modifications
d Disapproval with EPA Modification mdash means that EPA has
determined that it will modify the submission to cure
any deficiencies in the Deliverable andor undertake
the Work or any portion of it itself EPA will include
a brief explanation for its determination within the
Notice of Disapproval with EPA modification The City
agrees to reimburse EPA for the costs of such
modification or such Work undertaken by EPA as
Extraordinary Response Costs pursuant to and subject to
Paragraph 82 of this Order However EPA shall not
modify a submission without first providing the City at
least one notice of deficiency and an opportunity to
cure within seven (7) days of receipt of such notice
except where to do so would cause serious disruption to
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 40
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
53 Any disapproval of a Deliverable will give rise to
stipulated penalties as set out in this Order- stipulated
penalties shall accrue from the time the disapproved Deliverable
was originally due Stipulated penalties shall not be payable
however for Deliverables Disapproved with Modification Required
unless disapproval of a first resubmission is due to a material
defect In the case of Deliverables Disapproved with EPA
Modification pursuant to Paragraph 52d stipulated penalties
shall not continue to accrue after 30 days after the Deliverable
is disapproved except if the City disputes the disapproval in
which case stipulated penalties shall run in accordance with
Section XXX of this Order In the event of a disagreement over
EPAs determination concerning a Deliverable the parties shall
resolve the disagreement in accordance with the Dispute
Resolution Section (Section XXIX) of this Order A determination
of Approval or Approval with Conditions shall not be construed to
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 41
mean that EPA concurs with all conclusions methods or
statements in the Deliverables
B Deliverables Requiring Performing Respondents Certification
54 Each Deliverable requiring the Performing Respondents
Certification as specified in Attachment A of the SOW shall be
certified by the City as provided below Upon submittal to EPA
and the Maine DEP the City shall proceed with the next scheduled
activity consistent with each such Deliverable without further
notification or approval by EPA Each such Deliverable shall
include the following certification signed by the Citys Project
Coordinator
On behalf of the City for whom I have the authority to make this certification I certify to the best of my knowledge and professional judgment after appropriate inquiries of relevant persons involved in the preparation of this Deliverable that the guidance documents specified in the SOW which apply to this Deliverable were reviewed in preparation of this Deliverable I further certify that to the best of my knowledge and professional judgment this Deliverable is in accordance with the SOW and the guidance documents specified therein which apply to this Deliverable I am aware that the City may be subject to stipulated penalties for submitting a Deliverable that is not in conformance with the SOW and the guidance documents specified therein which apply to this Deliverable
55 EPA at its discretion may provide comments to the
City concerning any Deliverable requiring the Performing
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Suparfund Site Page 42
Respondents Certification and after reasonable opportunity for
review and comment by the State may disapprove the Deliverable
and notify the City of deficiencies in writing Upon receipt of
a notice of disapproval with deficiencies the City shall suspend
performance of all action required by the Deliverable and shall
correct the deficiencies and resubmit the Deliverable within
thirty (30) days or such other time period specified by EPA in
the notice of disapproval Notwithstanding a notice of
disapproval the City shall proceed to take any action required
by any non-deficient portion of the Deliverable If EPA
disapproves the Deliverable as resubmitted the City shall be in
violation of the Order and the provisions of Section XXX
(Stipulated Penalties) shall apply
XV MONTHLY PROGRESS REPORTS AND MEETINGS
56 The City shall provide monthly written progress reports
(Progress Reports) to EPA and the Maine DEP as specified in
the SOW Meetings between the RPM the Maine DEP the RPC and
the Consultant may be held at least once per month at the EPA
office in Boston unless EPA designates another location or
determines that a monthly meeting is not required for a
particular month The City id the Consultant and contractor
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 43
engaged to perform the Work under this Order shall also meet with
and make formal presentations to EPA at the completion of major
components of the Removal Action as specified by the EPA RPM
After completion of all construction activities the City may
upon EPA approval reduce the frequency of submission of the
monthly Progress Reports
57 The City shall submit in its monthly progress reports a
summary of results of sampling andor tests and other data
generated by the City by its Consultant and contractor or on
the Citys behalf in the course of implementation of the Order
The City shall furnish the full results and any underlying
documentation to EPA upon request
XVI QUALITY ASSURANCEQUALITY CONTROL
HEALTH AND SAFETY COMPLIANCE
58 While conducting sample collection sample analysis
and construction activities required by this Order the City
shall use quality assurance quality control and chain of
custody procedures in accordance with EPAs Interim Guidelines
and Specifications for Preparing Quality Assurance Project Plan
(December 1980 QAMS-00580) Data Quality Objective Guidance
(EPA540G87003 and 004) subsequent amendments to such
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 44
guidelines the Quality Assurance Project Plan (QAPP) approved
under the RIFS Order and additional quality assurance
procedures for construction activities required in the SOW
59 The City shall prepare a Health and Safety Plan as
required and described in the SOW The Health and Safety Plan
shall be consistent with and implement standards promulgated by
the Secretary of Labor pursuant to CERCLA and Section 6 of the
Occupational Safety and Health Act of 1970
XVII SPLIT SAMPLING
60 At the request of EPA or the Maine DEP the City shall
provide split or duplicate samples to EPA and the Maine DEP or
their authorized representatives of any samples collected by the
City pursuant to the implementation of this Order Similarly
the City shall allow such split or duplicate samples to be taken
by EPA the Maine DEP andor their authorized representatives
The City shall notify EPA and the Maine DEP not less than thirty
(30) days or such lesser time as approved by the EPA RPM in
advance of any sample collection activity Not less than twenty-
one (21) days in advance of sample collection or such lesser
time as approved by the RPM the City shall notify EPA and the
Maine DEP of the sampling date sampling media and the number of
Administrative Order By Convent for Removal Action Saco Hunicipal Landfill Superfund Site Page 45
samples from each media EPA and the Maine DEP shall conduct any
sampling activities in a reasonable manner Upon request EPA
and the Maine DEP shall allow the City to take split or duplicate
samples of any samples they collect as part of their oversight of
the Citys implementation of the Work
XVIII RECORD PRESERVATION
61 During the pendency of this Order and for a period of
not less than six (6) years after EPA approval of the Final
Completion of Removal Action Report the Respondents shall
preserve all records and documents in their possession which
relate in any way to the performance of activities required under
this Order notwithstanding any document retention policy to the
contrary provided that this Paragraph shall not apply to copies
of documents that are generated by the City EPA or the State of
Maine related to this Order that are in the custody of any Non-
Performing Respondent This Paragraph does not alter the
document retention requirements of the RIFS Order and the Cost
Recovery Administrative Agreement The City shall instruct its
consultants contractors and agents to preserve all records and
documents in their possession which relate to the performance of
the activities required under this Order At the conclusion of
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 46
this document retention period the Respondents shall notify JlPA
and the Maine DEP at least ninety (90) days prior to the
destruction of any such records or documents The Respondents
shall send such notice accompanied by a copy of this Order to
Office of Regional Counsel US Environmental Protection Agency JFK Federal Building Boston MA 02203 Attention Saco Municipal Landfill Superfund Site Re Administrative Order by Consent for Removal Action
and Wilkes Harper Maine DEP Bureau of Remediation and Waste Management 17 State House Station Augusta ME 04333-0017
Upon request by EPA the Respondents shall deliver to EPA any or
all such non-privileged records and documents or copies of any
such non-privileged records and documents The Settling Parties
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 Parties
assert such a privilege they shall provide the EPA with the
following (l) the title of the document record or
information (2) the date of the document record or
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 47
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 Parties However no documents reports or other
information created or generated to meet the requirements of the
Order shall be withheld on the grounds that they are privileged
If EPA does not elect to take delivery of any records or
documents or copies thereof upon request by the Maine DEP the
Respondents shall deliver the requested records and documents or
copies thereof to the Maine DEP If neither EPA nor the Maine
DEP elect to take delivery of any records documents or copies
within 90 days of notice to EPA and the Maine DEP the
Respondents may destroy such records or documents as noticed
XIX CONFIDENTIALITY CLAIMS
62 The City may assert a confidentiality claim if
appropriate covering all or part of the information requested by
this Order pursuant to 40 CFR sect 2203(b) Such an assertion
shall be adequately substantiated when it is made Neither
analytical data nor any information specified in Section
104(e)(7)(F) of CERCLA shall be claimed as confidential by the
Administrative Order By Consent for Removal Action Sm -o Municipal Landfill Suprfund Site Page 48
City Information in EPAs custody which is determined to be
confidential by EPA shall be afforded the protection specified by
40 CFR Part 2 Subpart B and Section 104(e)(7) of CERCLA
Information in MEDEPs custody which is determined to be
confidential by EPA shall be afforded the protection specified by
40 CFR Part 2 Subpart B to the extent provided by applicable
Maine law If no such claim accompanies the information when it
is submitted to EPA and the Maine DEP it may be made available
to the public by EPA and the Maine DEP without further notice to
the City
XX SITE ACCESS
63 The City shall grant access to the Site to EPA and the
Maine DEP and their officers employees agents contractors
consultants and other authorized representatives for purposes of
implementing and monitoring work to be performed urder this
Order during field activities and at all other reasonable times
64 To the extent access to use or ownership of or
easements over property other than the Site is required for the
proper and complete implementation of this Order the City shall
use i_3 best efforts to obtain site access agreements or other
interests in such property within ninety (90) days after the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 49
Orders effective date or within forty-five (45) days of when
EPA and the Maine DEP determine that such access or other
interests become necessary if EPA and Maine DEP first determine
that such access or other interests are necessary after the
effective date of this Order For purposes of this Paragraph
best efforts include but are not limited to providing
reasonable consideration in exchange for access to or other
interests in property
65 Such written access agreements or other interests
obtained pursuant to the preceding Paragraph shall at a minimum
allow the Citys authorized representatives and EPA and the
Maine DEP and their officers employees agents contractors
consultants and other authorized representatives to enter freely
and move about the property during field activities and at all
other reasonable times in order to implement and oversee the
implementation of the Work under this Order consistent with the
other provisions of this Order In the event that the City fails
to obtain any necessary access agreements or other interests
within the time period specified above the City shall notify EPA
and the Maine DEP in writing within five (5) days thereafter
Such notification shall include a description of the efforts made
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 50
by the City to obtain the necessary access and other interests
and the reason for its lack of success The City shall reimburse
EPA for the costs of any action necessary to obtain access as
Extraordinary Response Costs pursuant to and subject to the terms
of Paragraph 82
XXI ENDANGERMENT AND EMERGENCY RESPONSE
66 Upon the occurrence of any event or change of
conditions during implementation of this Order that causes or
threatens any release of hazardous substances pollutants or
contaminants from the Site that endangers the public health
welfare or the environment the City shall immediately take all
appropriate action to prevent abate or minimize such release or
endangerment The City shall also orally notify the EPA and
Maine DEP RPMs within twenty-four (24) hours or in the event of
the EPA RPMs unavailability shall notify within the same period
the Regional Duty Officer of the Emergency Planning and Response
Branch EPA Region I telephone (617) 223-7265 The City shall
act in accordance with all applicable provisions of the Health
and Safety Plan prepared pursuant to the Statement of Work
67 The City shall submit a written report to EPA and the
Maine DEP within seven (7) days after each such event setting
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 51
forth (i) the events that have occurred (ii) the measures caken
and to be taken to mitigate any harm caused or threatened by the
event and (iii) the measures taken and to be taken to prevent
the recurrence of such an event
68 Regardless of whether or not such a report is made to
EPA if EPA determines after reasonable opportunity for review
and comment by the Maine DEP to the extent time permits that
activities in compliance or noncompliance with this Order have
caused or may cause a release of a hazardous substance pollutant
or contaminant that endangers the public health or welfare or the
environment EPA may (i) order the City to stop further
implementation of this Order for such period of time as may be
needed to abate such release or threat (ii) instruct the City to
undertake any action which EPA determines is necessary to abate
such a release or threat andor (iii) undertake any action not
inconsistent with the NCP which EPA determines is necessary to
abate such a release or threat
69 In the event that EPA takes action at the Site to remedy
such a release threat of release or endangerment the City
shall reimburse EPA for the costs of such action not inconsistent
with the NCP as Extraordinary Response Costs pursuant to and
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 52
subject to the terms of Paragraph 82 In the event of a
disagreement between the City and EPA andor the Maine DEP under
this Paragraph the parties shall resolve such dispute in
accordance with the Dispute Resolution provisions in Section
XXIX
XXII ADDITIONAL RESPONSE ACTIONS
70 EPA after reasonable opportunity for review and
comment by the Maine DEP may determine that additional response
actions are necessary to carry out the Removal Action or to meet
the performance standards specified in the Action Memorandum and
the SOW Within 30 days of the Citys receipt of notice from EPA
that additional response actions are necessary (or such longer
time as may be specified by EPA) the City shall submit for EPA
approval after reasonable opportunity for review and comment by
the Maine DEP a work plan for the additional response actions
The plan shall conform to this Order the SOW CERCLA the NCP
and guidance documents identified by EPA Upon EPA approval of
the work plan pursuant to Section XIV (Deliverables Submitted to
EPA) the City shall implement the work plan for additional
response actions in accordance with the schedule contained
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 53
therein All applicable provisions of this Order shall apply to
the performance of additional response actions
71 The City may independently propose that additional
response actions are necessary to carry out the Removal Action or
to meet the performance standards specified in the Action
Memorandum and the SOW In the event EPA after reasonable
opportunity for review and comment by the Maine DEP accepts the
Citys proposal the procedures in the preceding Paragraph shall
govern
72 The City may invoke the procedures set forth in Section
XXIX (Dispute Resolution) to dispute EPAs determination that
additional response actions are necessary to carry out the
Removal Action or to meet the performance standards specified in
the SOW
XXIII OFF-SITE POLICY
73 All hazardous substances pollutants or contaminants
removed off-site pursuant to this Order for treatment storage
or disposal shall be treated stored or disposed of at a
facility in compliance with Section 121(d)(3) of CERCLA as
determined by EPA in accordance with 40 CFR sect 300440 The
removal treatment storage and disposal of all hazardous
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 54
substances pollutants or contaminants she- be in accordancj
with the Maine hazardous waste transportation law to the extent
applicable and all other applicable Maine law
74 The City shall prior to any off-site shipment of
hazardous substances pollutants or contaminants from the Site
pursuant to this Order to an out-of-state waste management
facility provide written notification of such shipment to the
appropriate state environmental official in the receiving
facilitys state and to the EPA RPM and the Maine DEP 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 or where the Maine Hazardous Waste
Management Regulations do not require notification
75 The City shall include in the written notification the
following information (1) the name and location of the facility
to which the hazardous substances pollutants or contaminants
are to be shipped (2) the type and quantity of the hazardous
substances pollutants or contaminants to be shipped (3) the
expected schedule for the shipment and (4) the method of
transportation The City shall notify the state in which the
planned receiving facility is locat d of major changes in the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 55
shipment plan such as a decision to ship the hazardous
substances pollutants or contaminants to another facility within
the same state or to a facility in another state
XXIV OTHER APPLICABLE LAWS
76 Except as otherwise provided pursuant to the next
Paragraph and Section 121(e) of CERCLA all activities undertaken
by the City pursuant to this Order shall be performed in
accordance with the requirements of all applicable federal and
state laws and regulations
77 Solely with regard to on-site activities and in
accordance with 40 CFR sect 300415(i) such activities
undertaken on the Site by the City pursuant to this Order shall
attain applicable or relevant and appropriate requirements
(ARARs) under federal and state environmental laws to the
extent practicable considering the exigencies of the situation
as determined by EPA EPA has determined that the ARARs
specified in the Action Memorandum are practicable to attain for
construction of the landfill cap and sediment removal
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 56
XXV COMMUNITY RELATIONS
78 EPA shall be responsible for preparing a Community
Relations Plan and conducting a community relations program The
City and the Consultant engaged to conduct the Removal Action
under this Order shall consistent with the Community Relations
Plan (i) attend and participate in public meetings regarding
the Site to the extent specified by the RPM (ii) prepare fact
sheets concerning the Site and activities conducted under this
Order for submission to the RPM and (iii) provide timely and
appropriate responses to inquiries from the public at the request
of the RPM
XXVI FINANCIAL ASSURANCE INSURANCE
79 Within thirty (30) days after the effective date of
this Order and annually thereafter until EPA approval of the
Final Completion of Removal Action Report the City shall
demonstrate in writing to EPA that it meets one (1) of the
financial assurance mechanisms specified in 40 CFR sect 264143
for the estimated $60 million cost of work to be performed by
the City under this Order If the City can show that the
estimated cost to complete the remaining Work has diminished
below the total estimated cost of the Work the City may on any
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 57
anniversary date of the effective date of this Order or at any
other time agreed to by the Parties reduce the amount of the
financial assurance provided under this Section to the estimated
cost of the remaining Work to be performed The City shall
submit a proposal for such reduction to EPA and the Maine DEP in
accordance with the requirements of this Section and may reduce
the amount of the assurance upon approval by EPA after reasonable
opportunity for review and comment by the Maine DEP In the
event of a dispute the City may reduce the amount of the
assurance in accordance with the final administrative decision
resolving the dispute under the Dispute Resolution Section
80 At least seven (7) days prior to commencing any on-site
work under this Order the City shall secure through itself or
its consultant and shall maintain for the duration of this
Order comprehensive general liability and automobile insurance
with limits of two (2) million dollars combined single limit
The United States and the Maine DEP shall each be named as an
additional insured for all such insurance policies except
automobile insurance policies Within the same time period the
City shall provide EPA and the Maine DEP with certificates of
such insurance and a copy of each insurance policy If the City
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 58
demonstrates to EPA that any Consultant contractor or
subcontractor maintains insurance equivalent to that described
above or insurance covering the same risks but in a lesser amount
and with EPA and the Maine DEP named as insureds then the City
need provide only that portion of the insurance described above
which is not maintained by the Consultant contractor or
subcontractor
81 For the duration of this Order the City shall satisfy
or shall ensure that its Consultant contractors and
subcontractors satisfy all applicable laws and regulations
regarding workers compensation insurance for all persons
performing the Work on behalf of the City in furtherance of this
Order
XXVII REIMBURSEMENT OF EPA EXTRAORDINARY RESPONSE COSTS
82 The City shall reimburse the Hazardous Substances
Superfund for all Extraordinary Response Costs not inconsistent
with the NCP including interest incurred after the effective
date of this Order by the United States in connection with the
Removal Action or the implementation of this Order pursuant to
Paragraphs 52d 65 69 102 and 104 including without
limitation Extraordinary Response Costs incurred by EPA under or
Administrative Order By Connent for Removal Action Saco Municipal Landfill Superfund Site Page 59
in connection with a contract or arrangement between EPA and a
qualified person to assist EPA in conducting activities required
under this Order pursuant to Paragraphs 52d 65 69 102 and
104 Reimbursable Extraordinary Response Costs shall include all
direct costs related to Paragraphs 52d 65 69 102 and 104 and
all indirect costs related to Paragraphs 52d 65 69 102 and
104 calculated in accordance with EPA policy or EPA regulations
in effect at the time that the costs are incurred including
without limitation time and travel costs of EPA personnel
contractor costs costs under a cooperative agreement costs
related to resolving disputes which arise under this Order
related to Work performed by EPA pursuant to Paragraphs 52d 65
69 102 and 104 enforcing obligations arising from EPAs
performance of Work pursuant to Paragraphs 52d 65 69 102 and
104 of this Order the costs of doing andor redoing any of the
Citys obligations under this Order with respect to Paragraphs
52d 65 69 and 102 of this Order EPA contractor and
cooperative agreement costs related to access and community
relations with respect to Paragraphs 52d 65 69 102 and 104
of this Order and any interest that accrues from the date on
which payment becomes due pursuant to the next Paragraph
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 60
83 On an annual basis EPA will submit to the City an
accounting of costs related to this Order that EPA has incurred
and a bill for Extraordinary Response Costs incurred by EPA with
respect to Paragraphs 52d 65 69 102 and 104 of this Order if
EPA has incurred any such costs This bill will consist of a
line-item summary of costs incurred during the preceding year
the summary will include a breakdown of costs by category
including without limitation payroll travel indirect costs and
contracts and a brief narrative of work related to such costs
(generally one to two paragraphs in length) The City shall
within thirty (30) days after receipt of each such bill remit a
certified check payable to the Hazardous Substances Superfund for
the amount of such bill The City shall include the name of the
Site the Site identification number (01-B9) and the docket
number for this Order on the check and mail the check with a
cover letter to
US Environmental Protection Agency Region I
Attn Superfund Accounting PO Box 360197 M
Pittsburgh PA 15251
A copy of the transmittal letter and the check shall be provided
simultaneously to the EPA Remedial Project Manager
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 61
84 If the City disputes a bill or any portion of a bio1
submitted by EPA the City may initiate dispute resolution
pursuant to the procedures of Section XXIX provided however
that the City notify EPA in writing within thirty (30) days after
receipt of the disputed bill and that the City pay all undisputed
portions of the bill in accordance with the provisions of this
Reimbursement Section Unless a determination is made under
dispute resolution that the City is not obligated to pay the
disputed portion of the bill the time for payment of the
disputed portion shall remain the original payment due date
interest shall accrue on any unpaid portion of the bill from the
original payment due date and EPA may seek stipulated penalties
or otherwise act to enforce the Citys compliance with this
Section and the Order If the City fails to raise a dispute
within thirty (30) days of its receipt of the bill the City
remains obligated for payment of the entire amount of the bill on
the original payment due date interest shall accrue on any
unpaid portion of the bill from the original payment due date
and EPA may seek stipulated penalties or otherwise act to enforce
the Citys compliance with this Section and the Order
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 62
XXVIII FORCE MAJEPRE
85 With respect to the Citys compliance with any deadline
for performance of activities under this Order any interim or
final time deadline or any Deliverables schedule set forth in
this Order or SOW no stipulated penalties or other sanctions
will be imposed for delay directly caused by the following events
which could not have been overcome by the Citys due diligence
(i) an act of God or (ii) the public review and comment process
as described in or required by Sections XXII (Additional Response
Actions) or Section XXV (Community Relations) of this Order so
long as the City timely submits all deliverables and meets other
requirements related to those Sections or (iii) any other event
arising from causes beyond the control of the ity including its
consultants contractors and agents However increases in the
cost of performance of the Removal Action shall not excuse
compliance or affect the applicability of the penalty provisions
or other sanctions which are provided for under this Order
Deadlines for performance of activities under this Order
including interim or final time deadlines and Deliverables
schedules set forth in this Order or SOW may be extended only to
the extent that delays caused by conditions specified in (i)
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 63
(ii) and (iii) above materially interfered with or prevented the
Citys execution of its responsibilities during the period of
such delay and no penalties or sanctions will become due for
activities which meet any deadline so extended The City further
agrees to use its most diligent efforts to minimize any delay
which may result The City acknowledges that it will have the
burden of justifying the rationale for delay in performance under
this Section
86 The City shall orally notify the EPA RPM and the Maine
DEP within forty-eight (48) hours of when the City first knew
that the event might cause a delay and shall identify with
specificity the cause of such delay and the estimated duration of
such delay Within seven (7) days after the City first becomes
aware that such event might cause a delay the City shall supply
to EPA and the Maine DEP in writing an explanation of the
cause(s) of any actual or expected delay or noncompliance the
anticipated duration of any delay the measures taken and to be
taken by the City to prevent or minimize the delay or correct the
noncompliance and the timetable for implementation of such
measures Failure to notify EPA and the Maine DEP shall result
in a waiver of the Citys right to assert that the delay should
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 64
be excused under the terms of this Section for the period of time
of such failure to notify and for any additional delay caused by
such failure The City shall be deemed to know of any
circumstance of which the City any entity controlled by the
City or the Citys contractors or subcontractors knew or should
have known In the event of a disagreement under this Section
the parties shall resolve such disagreement in accordance with
the Dispute Resolution Section of this Order Section XXIX
87 If EPA after reasonable opportunity for review and
comment by the Maine DEP determines that a delay in performance
of a requirement under this Order is or was attributable to an
event specified in (i) through (iii) of Paragraph 85 above the
time period for performance of that requirement shall be extended
by EPA to the extent necessary Such an extension shall not
alter the Citys obligation to perform or complete other tasks
required by the Order which are not directly affected by the
force majeure event If EPA after a reasonable opportunity for
review and comment by the Maine DEP does not agree that the
delay or anticipated delay has been or will be caused by such
an event EPA will notify the City in writing of its decision
If EPA after a reasonable opportunity for review and comments by
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 65
the Maine DEP agrees that the delay is attributable to such an
event EPA will notify the City in writing of the length of the
extension if any for performance of the obligations affected by
the event
XXIX DISPUTE RESOLUTION
88 If the City objects to any EPA notice of disapproval or
decision made pursuant to this Order including any decision
which has resulted in the assessn it of stipulated penalties any
scheduling matter or in the event of circumstances that arise
that are subject to the Citys right to invoke Dispute Resolution
elsewhere in this Order or in the Cost Recovery Administrative
Agreement the City shall notify EPA and the Maine DEP in writing
of its objections within five (5) days of receipt of the notice
decision or other circumstance EPA in consultation with the
Maine DEP and the City shall communicate on the disputed matter
and shall have fourteen (14) days from the receipt by EPA and the
Maine DEP of the notification of objection to reach agreement
If agreement cannot be reached on any issue within this fourteen
(14) day period the City shall have five (5) additional days to
submit its position in writing to the EPA Director of OSRR The
Director of OSRR after reasonable opportunity for review and
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 66
comment by the Maine DEP shall provide a written determination
to the City within five (5) days of receipt of that
determination unless EPA agrees to a later time the City shall
initiate implementation of the activities required by the EPA in
accordance with the schedule provided by EPA which schedule
shall be subject to Dispute Resolution unless it has already
been or could have been subject to Dispute Resolution Except
as specifically provided herein dispute resolution among the
parties shall not be cause for the delay of the Work In
addition stipulated penalties as set out below if applicable
will continue to accrue during the dispute resolution period
except as provided in Paragraphs 94 and 95 No EPA decision made
pursuant to this Paragraph shall constitute a final Agency action
giving rise to judicial review
89 In the event that the City does not implement the
activities required by the EPA determination pursuant to
Paragraph 88 EPA or the Maine DEP may take such enforcement
actions against the City as may be provided by statutory or
equitable authorities including but not limited to the
assessment of such civil penalties or damages as are authorized
by Sections 122 and 109 of CERCLA and Maine law
Administrative Order By Conaent for Removal Action Saco Municipal Landfill Superpoundund Site Page 67
XXX STIPULATED
90 The Respondents shall be liable to EPA and MEDEP for
stipulated penalties in the amounts set forth in this Section for
failure to comply with the requirements of this Order andor the
SOW unless compliance is excused by EPA under Section XXVIII
(Force Majeure) Compliance by the City shall include but not
be limited to the timely and adequate submission of Deliverables
and performance of activities under this Order in accordance with
all applicable requirements of law this Order the SOW and any
Deliverables which have received EPA Approval or the Performing
Respondents Certification pursuant to this Order Compliance
by the Non- Per forming Respondents shall mean timely compliance
with Paragraph 96 of this Order
91 The following stipulated penalties shall be payable per
violation per day to EPA and MEDEP jointly in accordance with
Paragraph 94 for any noncompliance except those identified in
Paragraphs 92 or 93
Penalty Pet Violation Period of Noncompliance Per Day _
$ 750 1st through 14th day $ 1500 15th through 30th day $ 3000 31st day and beyond
Administrative Order By Concent for Removal Action Saco Municipal Landfill Superfund Site Page 66
92 The following stipulated penalties shall be payable per
violation per day to EPA and the MEDEP jointly in accordance with
Paragraph 94 for the submission or resubmission of an untimely or
substantially defective 100 NTCRA Design or an untimely or
substantially defective Final Completion of Removal Action Report
pursuant to the SOW
Penalty Per Violation Period of Toncompliance Per Day
$ 1500 1st through 14th days $ 3000 15th day through 30th day $ 5000 31st day and beyond
93 In the event that the City fails to submit timely or
adequate progress reports or meeting letter reports pursuant to
the SOW the City shall be liable to EPA and MEDEP jointly in
accordance with Paragraph 94 for stipulated penalties of $500
(five hundred dollars) per violation per day
94 Penalties shall begin to accrue on the day after
performance 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 except that
stipulated penalties shall not accrue (1) with respect to any
Disapproval with Modification Required or Disapproval with EPA
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 69
Modification under Section XIV of this Order during the period
if any beginning on the 31st day after EPAs receipt of such
submission until the date that EPA notifies the City of any
deficiency (2) with respect to a decision by the Director of the
Office of Site Remediation and Restoration under Section XXIX of
this Order during the period if any beginning on the 21st day
after the date the Citys reply to EPAs Statement of Position is
due until the date the Director issues a final decision regarding
such dispute and (3) beyond thirty days after the Director of
the Office of Site Remediation and Restoration issues a final
decision regarding a dispute about a Deliverable Disapproved with
EPA Modification pursuant to Paragraph 52d Any penalty
otherwise accruing under Paragraphs 91 92 or 93 shall be due and
payable within thirty (30) days of the receipt of a written
demand by EPA or the Maine DEP except as provided in aragraph
95 In assessing stipulated penalties for delay caused by a
negative referendum vote on future funding necessary for timely
compliance with this Order EPA and Maine DEP shall weigh all
considerations including the length of the delay caused by the
vote and efforts by City officials to inform the voters about
the need for funding- provided however that a negative
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 70
referendum vote on funding necessary for timely compliance with
this Order shall not affect the Citys obligations to comply with
this Order or any schedule contained herein Stipulated
penalties shall be divided between EPA and the Maine DEP in the
following manner 75 for EPA and 25 for the Maine DEP
Payment of EPAs portion of such penalty shall be made by
certified check payable to the Hazardous Substances Superfund
and mailed to the following address with a notation of the docket
number of this Order
Region I US Environmental Protection Agency
Attn Superfund Accounting PO Box 360197 M
Pittsburgh PA 15251
A copy of the certified check to EPA shall be sent to the
Remedial Project Manager within five (5) days of payment
Payment of the Maine DEPs portion of such penalty shall be made
by certified check payable to the Maine Uncontrolled Sites Fund
and mailed to the following address
Director Division of Sites Investigation amp Remediation Maine DEP
State House Station 17 Augusta ME 04333
Administrative Order By Concent for Removal Action Saco Municipal Landfill Superfund Site Page 71
A copy of the certified check to the Maine DEP shall be sent to
the Maine DEP Project Manager within five (5) days of payment
The stipulated penalties set forth in this Section do not
preclude EPA or the Maine DEP from electing to pursue any other
remedies or sanctions which may be available to EPA or the Maine
DEP by reason of the Respondents failure or refusal to comply
with any requirement of this Order Such remedies and sanctions
include without limitation injunctive relief the assessment of
such civil penalties or damages as are authorized by Sections 122
and 109 of CERCLA or state law or the performance of a
federally-funded response action or state-funded response action
and a corresponding suit for reimbursement of costs incurred by
the United States or the State of Maine Notwithstanding any
other provision of this Section EPA may in its unreviewable
discretion waive any portion of stipulated penalties that have
accrued pursuant to this Order
95 If the City invokes dispute resolution regarding any
decision which has resulted in the assessment of stipulated
penalties stipulated penalties shall continue to accrue during
the dispute resolution process except as otherwise provided in
this Order Within thirty (30) days after receipt of the EPA
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 72
determination rendered pursuant to Paragraph 88 in which EPA
prevails in whole or in part the City shall pay pursuant to
Paragraph 94 the stipulated penalties arising from those matters
on which the City does not prevail At that time the City shall
also pay interest on any stipulated penalties which had accrued
up to the day the City invoked Dispute Resolution If the City
prevails on the disputed matter then no stipulated penalties are
due
XXXI PAYMENT BY NON-PERFORMING PARTIES
96 By May 30 1997 each Non-Performing Respondent shall
pay its individual share of the total sum of $97050000 into a
qualifying settlement fund for the City to use to undertake
response activities related to the Site Payment shall be made
by certified check payable to KeyBank National Assoc (Attn
Leon J Bien) Escrow Agent and mailed with a transmittal letter
to the following address
KeyBank National Association Escrow Agent One Canal Plaza Portland Maine 04101
Attn Mr Leon J Bien
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 73
Non-Performing Respondents shall provide notice of such payment
to EPA by mailing a copy of the transmittal letter and check to
the EPA RPM at the address set forth in Section XI of this Order
XXXII CIVIL PENALTIES FOR NONCOMPLIANCEENFORCEMENT
97 The City is advised that violations of this Order or
any portion thereof may subject it to civil penalties of up to
$25000 per violation and $25000 for each day in which such
violation continues as provided in Sections 106(b)(1) 109 and
122 of CERCLA 42 USC sectsect 9606(b)(l) 9609 and 9622 The City
may also be subject to damages in an amount up to three times the
amount of any cost incurred by the United States as provided in
Section 107(c)(3) of CERCLA 42 USC sect 9607(c)(3) Violations
of this Order also may subject the City to civil penalties
injunctive actions and cost reimbursement under Maine law
including without limitation 38 MRSA Sections 347-A 348
349 1365 1366 and 1367 (1989 and Supp 1997)
XXXIII COVENANT NOT TO SUE DENIAL OF LIABILITY
98A In consideration of the actions that will be
performed and the payments that will be made by the Respondents
under the terms of this Order and except as specifically
provided in Section XXXV of this Order EPA covenants not to sue
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 74
or to take administrative action against the Respondents pursuant
to Sections 106 and 107(a) of CERCLA or Section 7003 of RCRA for
the Work this Order including performance of the Removal
Action and for recovery of all Extraordinary Response Costs
associated with this Order incurred by EPA and paid by the City
With respect to the City these covenants not to sue shall i)
take effect for Work completed prior to EPAs approval of the
Completion of Removal Action Report upon notification by EPA that
the City has completed all construction activities required under
this Order and the City has submitted and EPA has approved the
Completion of Removal Action Report and ii) take effect for Work
completed after EPAs approval of the Completion of Removal
Action Report upon notification by EPA that the City has
completed all actions required under this Order (including all
Post-Removal Site Control and reimbursement of Extraordinary
Response Costs) These covenants not to sue shall take effect
with respect to the Non-Performing Respondents upon notification
by the Non-Performing Respondents that they have complied with
Paragraph 96 of this Order These covenants not to sue are
conditioned upon the satisfactory performance by the Respondents
of their respective obligations under this Order These
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 75
covenants not to sue extend only to the Respondents and do not
extend to any other person Under this Order Respondents are
not released from liability if any for any actions taken beyond
the terms of this Order regarding other removal actions remedial
investigationfeasibility studies related to any other operable
unit remedial designremedial action related to any other
operable unit operation and maintenance of any other remedial
action or activities arising pursuant to Section 121(c) of
CERCLA 42 USC sect 9621(c)
B In consideration of the actions that will be performed
and the payments that will be made by the Respondents under the
terms of this Order and except as specifically provided in
Section XXXV of this Order the State of Maine covenants not to
sue or to take administrative action against the Respondents
pursuant to Section 107(a) Of CERCLA 38 MRSA Sections 1304
and 1365 (1989 and Supp 1997) and other applicable state law
including common law for the Work this Order including
performance of the Removal Action the RIFS Order and the
activities thereunder and for recovery of all response costs
associated with this Order fully addressed by an EPA cooperative
agreement and any grants or payments made by the State to the
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Superfund Site Page 76
City to reimburse the City for landfill capping costs and
including all activities required to be performed and costs
related thereto under Prior MEDEP Orders and Consent Decrees to
the extent that they are inconsistent with this Order and any
such Prior MEDEP Orders and Consent Decrees are hereby superseded
to the extent that they are inconsistent with this Order With
respect to the City these covenants not to sue shall i) take
effect for Work completed prior to EPAs approval of the
Completion of Removal Action Report upon notification by EPA that
the City has completed all construction activities required under
this Order and the City has submitted and EPA has approved the
Completion of Removal Action Report and ii) take effect for Work
completed after EPAs approval of the Completion of Removal
Action Report upon notification by EPA that the City has
completed all actions required under this Order (including all
Post-Removal Site Control and reimbursement of Extraordinary
Response Costs) These covenants not to sue shall take effect
with respect to the Non-Performing Respondents upon notification
by the Non-Performing Respondents that they have complied with
Paragraph 96 of this Order These covenants not to sue are
conditioned upon the satisfactory performance by the Respondents
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Superfund Site Page 77
of their respective obligations under this Order These
covenants not to sue extend only to the Respondents and do not
extend to any other person Under this Order Respondents are
not released from liability if any for any actions taken beyond
the terms of this Order regarding other removal actions remedial
investigationfeasibility studies related to any other operable
unit remedial designremedial action related to any other
operable unit or operation and maintenance of any other remedial
action
99 The execution of this Order and Respondents
participation herein is not an admission by the Respondents of
liability with respect to any issue dealt with in this Order nor
is it an admission by the Respondents of any Finding of Fact
Conclusion of Law or Determination contained in this Order
Furthermore the participation of Respondents in this Order shall
not be considered an admission of liability and is not admissible
in evidence against the Respondents in any judicial or
administrative proceeding other than (a) a proceeding by the
United States including EPA or the State of Maine including
the Maine DEP to enforce this Order or a judgment relating to
it or (b) a proceeding to enforce any agreement between the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 78
Performing Respondent and Non-Performing Respondents regarding
the Site or to enforce a judgment related to such agreement
XXXIV CONTRIBUTION PROTECTION
100 With regard to claims for contribution against the
Respondents the Parties hereto agree that the Respondents are
entitled to such protection from contribution actions or claims
as is provided by Section 113(f)(2) of CERCLA 42 USC
sect 9613 (f) (2) and 38 MRSA sect 348(4) for all matters
addressed by this Order The matters addressed are Past
Response Costs RIFS Response Costs Response Costs Oversight
Costs Extraordinary Response Costs all costs incurred by the
State of Maine related to Prior MEDEP Orders and Consent Decrees
for which reimbursement may be sought payments pursuant to
Paragraph 96 and Work The Parties agree that the Respondents
are entitled to such protection upon the effective date of this
Order Nothing in this Order precludes the United States the
Maine DEP or Respondents from asserting any claims causes of
action or demands against any persons not parties to this Order
for indemnification contribution or cost recovery
XXXV EPAS AND THE STATES RESERVATION OF RIGHTS
101 A The covenants not to sue set forth in Section
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 79
XXXIII do not pertain to any matters other r n these expressly
specified in that Section EPA reserves and this Order is
without prejudice to all rights against each Respondent with
respect to all other matters including but not limited to the
following
a claims based on a failure by any Respondent to meet any
requirement specified for that Respondent under this Ordershy
b liability arising from the past present or future
disposal release or threat of release of hazardous
substances pollutants or contaminants outside of the Site
c liability arising from future disposal at the Site other
than as provided in the Action Memorandum or this Order or
otherwise ordered by EPA
d liability for damages for injury to destruction of or
loss of natural resourcesshy
e liability for response costs that have been or may be
incurred by the National Oceanic and Atmospheric
Administration and the Department of the Interiorshy
f criminal liability
g liability for violations of federal or state law which
occur during or after implementation of the Removal Actionshy
Administrative Order By Conaent for Removal Action Saco Municipal Landfill Superfund Site Page 80
h liability for response costs incurred at the Site which
are not addressed by Section XXVII of this Order
(Reimbursement of EPA Extraordinary Response Costs) or by
the Cost Recovery Administrative Agreement (Docket No
CERCLA 1-97-1010) and
i liability for response actions at the Site that are not
required to be performed by the City pursuant to this Order
B The covenants not to sue set forth in Section XXXIII do not
pertain to any matters other than those expressly specified in
that Section The State of Maine reserves and this Order is
without prejudice to all rights against the Respondents with
respect to all other matters including but not limited to the
following
a claims based on a failure by any Respondent to meet any
requirement specified for that Respondent under this Order
b liability arising from the past present or future
disposal release or threat of release of hazardous
substances pollutants or contaminants outside of the Siteshy
c liability for damages for injury to destruction of or
loss of natural resources
d criminal liabilityshy
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 81
e liability for violations of federal or state law wh^ch
occur during or after implementation of the Removal Action
g liability for Oversight Costs incurred by the State at
the Site to the extent that they are not fully addressed by
future cooperative agreements between EPA and MEDEP and
h liability for response actions at the Site that are not
required to be performed by the City pursuant to this Order
102 EPA retains the right to undertake any obligations of
the City under this Order provided that EPA has determined that
one of the following conditions has been met the City has ceased
implementation of any portion of the Work is seriously or
repeatedly deficient or late in their performance of the Work
has failed to comply with this Order or is implementing the Work
in a manner which may cause an endangerment to human health or
the environment If EPA undertakes any obligations under this
Order pursuant to this Paragraph including implementation of
institutional controls the City must reimburse EPA for all costs
incurred as a result of the takeover that are consistent with the
NCP as Extraordinary Response Costs The City may invoke the
procedures set forth in Section XXIX (Dispute Resolution) to
dispute EPAs determination that takeover of the obligations of
Administrative Order By Consent for Removal Action Slaquoco Municipal Landfill Superfund Site Page 82
the City under this Order is warranted or that the costs incurred
were consistent with the NCP
103 Notwithstanding any other provision of this Order
except as set forth in Section XXXIII (Covenant not to Sue) EPA
and the State of Maine shall retain all of their response
information gathering entry inspection and enforcement
authorities and rights under CERCLA and under any other
applicable law regulation or permit
104 The City shall reimburse EPA for costs incurred by the
United States to enforce this Order or the Cost Recovery
Administrative Agreement as Extraordinary Response Costs in
accordance with the reimbursement procedures provided by Section
XXVII (Reimbursement of Extraordinary Response Costs)
XXXVI RESPONDENTS COVENANT NOT TO SUE
105 Covenant Not to Sue Subject to the reservations in
Paragraphs 106 and 107 Respondents hereby covenant not to sue
and agree not to assert any claims or causes of action against
the United States or the State including any department agency
or instrumentality of the United States or State with respect to
this Order including but not limited to
a any direct or indirect claim for reimbursement from
Administrative Order By Conaent for Removal Action Saco Municipal Landfill Superfund Site Page 83
the Hazardous Substance Superfund (established pursuant to the
Internal Revenue Code 26 USC sect 9507) through CERCLA Sections
106(b)(2) 107 111 112 113 or any other provision of law
b any claims under CERCLA Sections 107 or 113 related
to this Order
c any claims for payment under sections 106(b) 111
and 112 of CERCLA the Constitution of the United States the
Tucker Act 28 USC sect 1491 or at common law against the State
EPA or the Hazardous Substance Superfund arising out of any
action performed under this Order any related access matters
and related institutional controls or
d any claims arising out of response activities in
connection with this Order including claims based on EPAs and
the States selection of response actions oversight of response
activities or approval of plans for such activities
XXXVII RESPONDENTS RESERVATION OF RIGHTS
106 The Respondents reserve and this Order 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 wrongful act or
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 84
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 USC sect 2671 nor
shall any such claim include a claim based on EPAs selection of
response actions or the oversight or approval of the
Respondents plans or activities The foregoing applies only to
claims which are brought pursuant to any stat- -e other than
CERCLA and for which the waiver of sovereign immunity is found in
a statute other than CERCLA
107 Except as set forth in this Order the Respondents
expressly reserve all rights and defenses that each or any of
them may have in law or in equity for any claims or causes of
action it may have against any party including the United States
and the State and their respective agencies departments and
instrumentalities Any claims not expressly waived by the
Respondents shall be deemed reserved Notwithstanding any
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 85
obligations in this Order requiring the Respondents to make any
records documents or any other materials available to EPA
nothing herein shall be construed to be a waiver of any rights
Respondents may have to assert the attorney-client privilege or
the attorney work product doctrine as to those materials except
where such materials contain information specified in section
104(e)(6)(F) of CERCLA 42 USC sect 9604(e)(6)(F)
XXXVIII OTHER CLAIMS
108 Except as expressly provided in Section XXXIII
(Covenant Not to Sue) nothing in this Order constitutes a
satisfaction of or a release from any claim or cause of action
against the Respondents or any person not a party to this Order
for any liability such person may have under CERCLA other
statutes or the common law including but not limited to any
claims of the EPA for costs damages and interest under sections
106(a) and 107(a) of CERCLA This Order does not constitute a
preauthorization of funds under section 111(a)(2) of CERCLA No
action or decision by EPA pursuant to this Order shall give rise
to any right to judicial review except as set forth in section
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 86
113(h) of CERCLA
XXXIX INDEMNIFICATION
109 The United States and the State do not assume any
liability by entering into this Order or without limitation by
virtue of any designation of the City as EPAs authorized
representative under section 104(e) of CERCLA 42 USC
sect 9604(e) The City agrees to indemnify and save and hold
harmless the United States Government the State of Maine and
their agencies departments agents officers employees and
representatives from any and all claims or causes of action
arising from or on account of negligent acts or omissions of the
City its officers employees agents servants receivers
successors trustees assignees or contractors in carrying out
the activities pursuant to this Order including but not limited
to any claims arising from any designation of the City as EPAs
authorized representative under section 104 (e) of CERCLA 42
USC sect 9604(e) Neither the United States nor the State shall
be held out as a party to or in any other way be held liable
under any contract entered into by the City or by the Consultant
or any contractor in carrying out the activities pursuant to this
Order Neither the City nor any such Consultant or contractor
Administrative Ordr By Consent for Removal Action Saco Municipal Landfill Suprfund Sit Fag 87
shall be considered an agent of the United States or the State
Notwithstanding any of the above this agreement to indemnify and
hold harmless does not include claims or causes of action arising
from or on account of acts or omissions of the United States and
its agencies departments agents officers employees and
representatives
XXXX WAIVER OF SETTLEMENT CONFERENCE
110 In consideration of the communications among the
Respondents and EPA regarding the terms of this Order prior to
its issuance the Respondents hereby agree that there is no need
for a settlement conference prior to the effective date of this
Order
XXXXI MODIFICATION OF ORDER
111 This Order with the exception of the Statement of Work
(Appendix B) or attachments or Deliverables thereunder may only
be modified upon the written agreement of EPA by signature of the
Director of the Office of Site Remediation and Restoration the
Maine DEPs Director of the Bureau of Remediation and Waste
Management and an authorized officer of each of the Respondents
The Statement of Work any attachments thereto or any accepted
Deliverables may be modified upon signature of the EPA Geographic
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 88
Section Chie subject to the Citys right to invoke Dispute
Resolution
XXXXII SEPARATE DOCUMENTS
112 This Order may be executed in two or more counterparts
each of which shall be deemed an original but all of which
together shall constitute one and the same instrument
XXXXIII EFFECTIVE DATE
113 This Order shall be effective five (5) days after the
City receives notice that the Director of the Office of Site
Remediation and Restoration has signed the Order All times for
performance of activities under this Order shall be
calculated from the effective date
XXXXIV TERMINATION
114 Prior to but no later than 180 days after the
effective date of this Order the City or EPA may terminate this
Order if the Cost Recovery Administrative Agreement is not
effective within ninety (90) days of the effective date of this
Order Notwithstanding this Paragraph the City shall complete
at least ninety-five percent (95) of the final design of the
Removal Action
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 89
IT IS SO AGREED AND ORDERED BY
Al bull Linda M Murphy D i r c to r Dat Office of Site Remediation and Restoration EPA Region I
Administrative Order By Consent for Removal Action Saco Municipal landfill Superfund Site Page 90
The undersigned representatives of the Respondents certify that they are fully authorized to enter into the terms and conditions of this Order and bind the parties they represent to this document
ROBUS LEATHER CORPORATION FKA GEORGE NEWMAN amp COMPANY SUCCESSOR BY LAW TO BIDDEFORD INDUSTRIES INC
By Thomas Robinson President and Ghiof FinancialmdashOffaooy f Robus Leather Corporation 1100 W Hutchinson Lane Madison IN 47250 Tel (812) 273-4183
TO 833388888888881 P0309 MPY 27 97 16=01 FR HflLE RND DORR LuF DC
Administrative Ordar By Consent for Removal Saco Municipal Landfill Suparfund Site Pag 91
CL HAUTHAWAY amp SONS CORPORATION
By Leppoldo ampJohnson Date CL Hautna ay amp Sons Corp 638 Summer Street Lynn MA 01905-2092
fa
Administrative Order By Consent for Removal Action Saoo Municipal Landfill Superfund Site Page 92
GABRIEL ELECTRONICS INC
By
Frank E Gemme Date President Gabriel Electronics Incorporated Libby Road PO Box 70 Scarborough ME 04070 Tel (207) 883-5161
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 93
LITTON INDUSTRIES INC
By Camp^tf-Jtae^^c^S
Carol WiesnerVice President and Controller Litton Industries Inc 21240 Burbank Boulevard Woodland Hills California 91367 Tel (818) 598-5246
May 27 1997
Date
Adni-tniBtrativc Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 94
LYN-FLEX INDUSTRIES AN UNINCORPORATED DIVISION OF DER-TEX CORPORATION
By gt 1997
Jerome Linder Date President Der-Tex Corporation 360 Merritnack Street Lawrence Massachusetts 01843 Tel (508) 686-0154
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 95
MILLIPORE CORPORATION
By At Jef frpoundy Ttyidin EsqVice President and General Counsel Millipore Corporation 80 Ashby Road Bedford MA 01730 Tel (617) 533-2044
May 21 1997 Date
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 96
NIKE INC
Coburn Date eheral Counsel Nike Inc 1 Bowerman Drive Beavertotm OR 97005-6453 Tel 503shy
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 97
ZENECA INC
61097
Glenn M Engelmann Date Vice President General Counsel and Secretary Zeneca Inc Successor to Polyvinyl Chemicals Inc
Addrespoundeneca Inc Successor to Polyvinyl Chemicals Inc
1800 Concord Pike PO Box 15438
Wilmlngotn PR
Tel(302) 886-3244
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 98
SACO DEFENSE INC
By j i e s R V i e g Date Vice Chairman Saco Defense Inc 291 North Street Saco Maine 04072 Tel (270) 283-3611
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 99
CHAMPION INTERNATIONAL CORPORATION
pound By x^gt^^w^ (- (^W^ lt May 27 1997
Stephen B Brown Date ampAVice President and General Counsel
Champion International Corporation One Champion Plaza Stamford Connecticut 06921 Tel (203) 358-6476
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 100
BEMIS COMPANY INC
By -^^lt^^^ 52297 Richard Pry^r Date Corporate Risk Manager Bemis Company Inc 222 South 9th Street Suite 2300 Minneapolis Minnesota 55402-4099 Tel (612) 376-3085
Administrative Order By Consent for Removal Action Saco Municipal Landfill Suporfund Site Page 101
CITY OF SACO MAINE
A Larry Mtcl(ell Dgfte City Administrator City of Saco 300 Main Street Saco Maine 04072 Tel (207) 282-4191
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 102
STATE OF MAINE
By
Mark Hyland Director Date Division of Site Remediation Maine DEP State House Station 17 August Maine 04333 Tel (207) 287-7673
By Dennis Harnish Esq Date Assistant Attorney General Department of Attorney General State House Station 6 Augusta Maine 04333 Tel (207) 626-8800
APPENDIX B
Non-Time Critical Removal Action Statement of Work
Saco Municipal Landfill Superfund Site
I INTRODUCTION AND PURPOSE
This non-time-critical removal action (NTCRA) Statement of Work (SOW) defines the response activities and deliverables that the Performing Respondent shall performsubmit in order to implement the Work required under the Administrative Order on Consent for Removal Action (EPA Region I Docket No 1-97-1009) (the Order) at the Saco Municipal Landfill Site in Saco Maine (the Site) The activities described in this SOW are based upon the United States Environmental Protection Agency (EPA) Action Memorandum for the Site signed by the EPA Region I Director of the Office of Site Remediation and Restoration on September 23 1996
II DEFINITIONS
The following definitions shall apply to this SOW
A All definitions provided in Section III of the Order are incorporated herein by reference
B Design shall mean an identification of the technology to be used for the Removal Action and its performance and operational specifications in accordance with all applicable federal state and local laws including but not limited to
1 all computations used to size units determine the appropriateness of technologies and the projected effectiveness of the NTCRA
2 scale drawings of all system layouts identified above and including but not limited to excavation cross-sections and well cross-sections
3 quantitative analyses demonstrating the anticipated effectiveness of the NTCRA Design to achieve the Performance Standards
4 technical specifications which detail the following
a size and type of each major component and
b required performance criteria of each major component
5 specifications on the extent of ambient air monitoring including equipment monitor locations and data handling procedures and
6 specifications of Institutional Controls to be supplied with the construction plans and specifications
EPA Approval or EPA Review and Approval shall mean the procedures specified in Section XIVA of the Order
Institutional Controls shall mean deed restrictions access land easements and other requirements and controls developed to limit human or animal exposure to hazardous substances pollutants or contaminants andor to ensure the integrity and effectiveness of the Removal Action
Performing Respondents Certification shall mean the procedures specified in Section XIVB of the Order
III SELECTED NON-TIME-CRITICAL REMOVAL ACTION
Section VAI of the Action Memorandum specifies the NonshyTime-Critical Removal Action for the Site Based upon the Action Memorandum listed below are the components of the NTCRA which shall be performed by the Performing Respondent
bull Grading of the landfill including the consolidation of the solid waste material from adjacent to Area 1 Area 3 and Area 4
bull Identifying the solid waste boundary for Areas 3 and 4
bull Excavating contaminated sediments from a groundwater seep area and consolidating them with the waste material in landfill Area 4
- 2 shy
bull Designing and constructing a multi-layer low hydraulic conductivity cap with surface drainage controls
bull Maintaining the cap
bull Long-term monitoring of surface water sediments and groundwater
bull Post-removal site control (PRSC) of the cap The PRSC shall ensure the long-term continued effectiveness of each component of the NTCRA and
bull Implementing Institutional Controls including implementation of deed restrictions andor other controls to prohibit the future use of the Site in any manner that would compromise the integrity of the cap and its associated systems
IV PERFORMANCE STANDARDS
The Performing Respondent shall design construct operate monitor and maintain the NTCRA in compliance with this Order the SOW and the Performance Standards identified in the Action Memo
The Performance Standards for the NTCRA at the Site include
SEDIMENT EXCAVATION AND CONSOLIDATION Sediments with arsenic concentrations above 19 mgkg will be excavated from the groundwater leachate seeps adjacent to Sandy Brook The area within which the seeps are found is defined by sediment locations SD-21 and SD-25 Sediments within Sandy Brook will not be excavated as part of this removal action
CONSOLIDATION OF SOLID WASTE The solid waste outside the Area 1 Area 3 and Area 4 caps shall be consolidated under the Area 34 cap The area to be excavated and material to be consolidated was identified during the RIFS test pit program
LANDFILL CAP The landfill cap shall be designed constructed operated and maintained to meet the performance requirements of the Resource Conservation and Recovery Act (RCRA) Subtitle C regulations specified in 40 CFR sectsect 26419 264310 as applicable and 264111 and the
- 3 shy
currently promulgated final MEDEP regulations referenced in Attachment X of the Action Memo
The cap shall also be designed to meet the requirements of the following EPA and State technical guidance documenxo Final Covers on Hazardous Waste Landfills and Surface Impoundments (EPA530-SW-89-047 July 1989) Construction Quality Management for Remedial Action and Remedial Design Waste Containment Systems (EPA540R-92073 October 1992) Quality Assurance and Quality Control for Waste Containment Facilities (EPA600R-93182 September 1993) MEDEP Final Cover System Guidance Document for Municipal Solid Waste Landfill (November 1995) Stormwater Management for Maine Best Management Practices (November 1995 MEDEP) and Maine Erosion and Sediment Control Handbook for Construction Best Management Practices (March 1991 Cumberland County Soil and Water Conservation District and Maine DEP)
The multi-layer cap will achieve the following minimum requirements
All layers of the cover system shall be designed to achieve the performance objectives of this section over the longshyterm Each layer shall also be designed to meet a static stability factor of safety criteria of 13 seismic stability factor of safety criteria of 10 and a construction-stage stability factor of safety criteria of 12
mdash The base layer will be comprised of unclassified fill material transmissive to gas The performance objectives for the base layer are to contour the landfill to achieve a maximum slope of 31 provide a subgrade base suitable for construction of the cover system and minimize subsidence
Waste from uncapped areas near Area 1 Area 3 and Area 4 and excavated sediments from the groundwater seep areas near Sandy Brook will be placed under the base layer Vegetation cleared from the Site will be distributed evenly to prevent degradation and minimize subsidence
The slopes will be terraced to minimize erosion of the multi-layer cap so that no more than 2 tons per acre per year of soil loss occurs
mdash The gas collection layer will be comprised of 6-12 inches of porous material with a hydraulic conductivity of at least
- 4 shy
1 x 103 cmsec The objective of this layer is to allow for the transmission of gas to the vent pipe which will then take gas out of the landfill and to provide a firm foundation and contact surface for the low hydraulic conductivity layer A second objective is to allow fo the transmission of potential leachate seeps down the sideslopes so that it may infiltrate back into the landfill Approximately one gas vent per acre will be installed at least three to five feet into the waste
-- The bottom low hydraulic conductivity layer acts as a safeguard to the geomembrane and is generally made of 24 inches of clay or a geo-synthetic clay liner (GCL) The performance objective of this layer is to minimize potential leakage through the low hydraulic conductivity geomembrane into the landfill The low hydraulic conductivity layer will be designed to achieve a maximum hydraulic conductivity of 1 x 10~7 cmsec unless the factor of safety criteria of 13 for static 10 for seismic and 12 for construction stage stability cannot be achieved If the stability criteria cannot be met with a GCL or 1 x 107 cmsec material then a more permeable material may be used to achieve a stable cover system The bottom low hydraulic conductivity layer shall have a maximum hydraulic conductivity of at least 1 x 105 cmsec if the 1 x 10~7
cmsec material cannot meet the stability criteria If a GCL is used as the bottom low hydraulic conductivity layer then 12 inches of a fine grained material containing a minimum of 35 fines with no stones larger than one inch shall be used as bedding above the gas vent layer Potential mechanisms that may compromise the integrity of the cover system such as subsidence desiccation cracking and freeze-thaw cycling will be accounted for in the design
The uppermost surface of the bottom low hydraulic conductivity layer shall be buried at least 30 inches below the surface of the cap
-- The top low hydraulic conductivity layer will be a geosynthetic barrier The performance objective of this barrier is to prevent water from infiltrating into the landfill and to accommodate settlement and subsidence while maintaining stability This synthetic barrier will be a type of flexible geomembrane 40-60 mil thick
-- The drainage layer will be composed of either a minimum of 12 inches of sand or equivalent material with a minimum
- 5 shy
hydraulic conductivity of 1 x 102 cmsec or a synthetic material with a transmissivity of at least 3 x 10~5 m2sec The sand should be no coarser than 38 inch The performance objective is to allow water to drain off the synthetic barrier prevent the ponding of water over tgt a synthetic barrier and minimize seepage forces within the cap system If a geosynthetic drainage layer is used then a 12 inch layer of coarse material will be placed over the geosynthetic layer
mdash The top layer of the cap will be the vegetative cover This layer in combination with the drainage layer shall provide a minimum of 30 inches of fill material to provide frost protection A minimum of 18 inches of material (including at least 6 inches of top soil) shall be placed above the drainage layer to provide adequate water-holding capacity to attenuate rainfall infiltration to the drainage layer to sustain vegetation through dry periods and to provide sufficient thickness to allow for expected long-term erosion losses Deep rooted plants that could damage the drainage and barrier layers will not be allowed to grow on the cover A filter fabric may be placed between the top layer and the drainage layer to minimize fill material from clogging the drainage layer
mdash Surface water drainage controls will be constructed to minimize erosion during construction and to reduce erosion of the cap after construction to no more than 2 tons per acre per year As determined by the final NTCRA Design drainage channels will be installed in certain areas on the top and perimeter of the landfill cap to channel runoff away from the landfill Surface water drainage channels will be designed to manage the rainfall volume of a 25-year 24-hour storm event with freeboard and shall also be capable of handling a 100-year 24-hour storm event without overflow
SURFACE WATERS The point of compliance for any point source surface water releases resulting from this action consistent with the NCP shall be the point or points where the release enters the surface water body (Sandy Brook or Big Ledge Brook) Any point source discharge to a surface water body shall comply with the NPDES program under section 402 of the federal Clean Water Act and the Maine water quality standards and storm water discharge requirements The document Stormwater Management for Maine Best Management Practices (November 1995 MEDEP) shall be used as guidance for stormwater and the document Maine Erosion and Sediment Control Hanbook for Construction Best Management
- 6 shy
Practices (March 1991 Cumberland County Soil and Water Conservation District and Maine DEP) shall be used as guidance for erosion control
AIR The point of compliance for air consistent with che NCP shall be the point(s) of the maximum exposed individual considering reasonably expected use of the Site and surrounding area The maximum exposed individuals could include (I) adjacent residents (2) operation and maintenance personnel and (3) individuals working at the facility The passive gas venting system shall not allow for an unacceptable risk of exposure to the maximum exposed individuals by controlling and treating landfill gas if necessary The passive gas venting system shall be designed and constructed to comply with Attachment X of the Action Memo
LONG-TERM MONITORING A long-term monitoring program will be implemented to evaluate the performance of the NTCRA Surface water groundwater and sedimentsas appropriate shall be sampled as part of this program Long-term monitoring is expected to occur for at least thirty years
POST-REMOVAL SITE CONTROL Post-removal site control shall assure the long-term effectiveness of the cap and related systems for at least thirty years
INSTITUTIONAL CONTROLS Institutional Controls shall ensure the long-term integrity of the landfill cap and prevent future use of the groundwater impacted by the Site Deed restrictions andor other controls shall prohibit any activity at the Site which would interfere with or compromise the landfill cap or its related systems Such controls will also provide for EPA and MEDEP approval prior to the commencement of any future activities at the Site which may impact the landfill cap or its related systems
V NTCRA DESIGN
The Performing Respondent shall develop a final design for the selected NTCRA as described in the Action Memorandum and this SOW that meets the performance standards specified in Section IV of this SOW This section describes the Performing Respondents responsibilities for submitting deliverables and conducting project meetings during design
- 7 shy
A DELIVERABLE5
The Performing Respondent shall submit the following deliverables to EPA and the MEDEP during the design of the selected NTCRA pursuant to the schedule in Attachment A Any modification of the schedule in Attachment A shall be subject to EPA approval after a reasonable opportunity for review and comment by MEDEP Each submitted deliverable shall require EPA Approval after a reasonable opportunity for review and comment by MEDEP or Performing Respondents Certification whichever applies pursuant to the schedule in Attachment A and the procedures in Section XIV of the Order
1 DESIGN PROGRESS REPORTS
On the 15th calendar day of each month and until EPA approval of the 100 NTCRA Design the Performing Respondent shall submit Design Progress Reports to EPA and the MEDEP Design Progress Reports may be combined with the monthly progress reports required under the Administrative Order by Consent for Remedial InvestigationFeasibility Study (EPA Region I CERCLA Docket No I-CERCLA-95-1069) and shall be submitted with the Performing Respondents Certification The reports shall summarize all activities that have been conducted in the month preceding the Progress Report and those planned for the next two months The Progress Reports shall also identify problems encountered andor changes to the schedule and shall summarize the results of sampling and tests and other data received by the Performing Respondent
2 CONCEPTUAL DESIGN LETTER REPORT
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit a Conceptual Design Letter Report to EPA and the MEDEP The Conceptual Design Letter Report shall be submitted by the Performing Respondents Certification and may include at a minimum
a an outline of the NTCRA Design
b a work plan for any pre-design studies
- 8 shy
c preliminary drawings of the 31 and 3-5 slope sections of the cap surface water controls and retention ponds in plan view and cross-section and
d The design basis for the composition and thickness of each layer of the cap presented in letter format including a determination of the appropriate gas control technology and supporting information and an estimate of settlement
3 100 DESIGN FOR SEDIMENT CONSOLIDATION
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit the 100 Design for the sediment consolidation to EPA for Review and Approval after reasonable opportunity for review and comment by the MEDEP
4 100 NTCRA DESIGN
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit the 100 NTCRA Design for EPA Review and Approval after reasonable opportunity for review and comment by the MEDEP Design plans for individual components of the NTCRA may be submitted separately from the cap design However the design submittal for the cap shall address 100 of the total design for each component of the NTCRA including but not limited to
a the Final Design Report including the design basis for each component and the associated plans and specifications in reproducible format
b Construction Quality Assurance Plan including sample construction quality assurance and quality control checklists draft construction -quality control and quality assurance tables and a list of testing requirements based upon EPA and MEDEP comments
c the results of any pre-design studies
- 9 shy
d final drawings of the 31 and 3-5 slope sections of the cap in plan view and cross section including surface drainage controls and retention ponds anchor trenches and the passive gas venting system
e a description of the design basis for each layer andor component of the NTCRA including settlement evaluation stability calculations and the HELP model assessment to evaluate infiltration through the cover system The stability assessment shall include an assessment of the stability of the cover system waste material and surrounding slopes Each key section of the stability analysis should include a discussion of the (1) performance criteria for each failure mode (2) soil conditions including loading and seepage conditions and (3) determination of factor of safety and indicate the slope failure mode The methods to perform the above analysis shall be presented
f a discussion of how all applicable or relevant and appropriate requirements (ARARs) identified in the Attachment X of the Action Memo will be addressed This discussion should
(1) specify the statute (2) specify the citation of the ARAR (3) identify if the ARAR is state or
federal (4) summarize the requirements of the ARAR (5) specify in detail the activities that
shall be conducted to comply with the ARAR and
(6) specify in detail the activities that shall be conducted to demonstrate compliance with the ARAR When sampling and analysis is conducted to demonstrate compliance the following shall be specified sampling locations sampling frequency sampling methods analytical methods quality assurance and quality control activities and statistical analysis andor modeling andor other data interpretation techniques
- 10 shy
g drawings on reproducible mylar
h the final NTCRA Technical Specifications which shall include at a minimum the items identified in Attachment D
i a Field Sampling Plan as specified in Attachment B and a Quality Assurance Project Plan as specified in Attachment C Although these documents will be submitted as part of the 100 design these documents must be submitted as separate freestanding deliverables to enable a separate concurrent review of these document by the Agencies along with the 100 design review
j With respect to the landfill cap the design shall include the construction quality assurance procedures required to demonstrate that the NTCRA was properly implemented This component shall include for example (I) checklists for establishing that the required tests and inspections were performed (2) standard operating procedures for all field and laboratory tests (3) the quality assurance and quality control plan for all field and laboratory tests (4) a process for obtaining EPA and MEDEP involvement in major and minor field changes and (5) erosion and sediment control plans The quality assurance component shall be based upon the following guidance documents Construction Quality Assurance for Hazardous Waste Land Disposal Facilities (EPA 530-SWshy86-031 October 1986 and Technical Guidance Document Quality Assurance and Quality Control for Waste Containment Facilities (EPA540R-93182 September 1993)
k A discussion of how any surface water point source discharge shall be evaluated
1 A discussion of how the ambient air shall be evaluated after the construction of the cap is complete to demonstrate that the landfill gas does not pose an unacceptable risk (an excess cancer risk greater than the 104 to 106 risk range or a non-carcinogenic hazard
- 11 shy
index greater than 1) to the maximum exposed individuals (as identified in Section IV of this SOW)
5 WINTER STABILIZATION PLAN
By October 30th of each field season prior to the approval of the Post-Removal Site Control Plan the Performing Respondent shall submit a Winter Stabilization Plan to EPA and MEDEP This plan shall describe the practices and procedures that will be used by the Performing Respondent to prevent erosion of the landfill and excessive sediment discharge to the surface water and wetlands until EPA approval of the Post-Removal Site Control Plan
6 INSTITUTIONAL CONTROL PLAN
The Performing Respondent shall submit a schedule and a workplan letter report for the implementation of the Institutional Controls required by the NTCRA within 60 days of the effective date of the Order As part of the Institutional Controls a deed restriction shall be placed on the Site property to prevent any use of the property that would interfere with or reduce the effectiveness of the NTCRA or any future response actions The deed restriction shall also prevent future use of the groundwater under the Site These institutional controls shall be implemented in a manner consistent with Attachment X of the Action Memo
B DESIGN PROJECT MEETINGS
The Performing Respondent and its Contractor shall periodically meet with EPA and the MEDEP during the design phase to discuss the status of the design present the results of any investigations and discuss any issues associated with the development of the design
At least one week prior to each such periodic meeting the Performing Respondent shall submit to EPA and the MEDEP as necessary (i) an agenda for the meeting (ii) a summary of the issues that will be discussed and (iii) any supporting information including any specific information required for the meeting as detailed below The following is a list of meetings to be held as necessary during the design phase
1 DESIGN KICK-OFF MEETING
- 12 shy
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall schedule a design kickshyoff meeting The purpose of this meeting is to allow the EPA MEDEP and the Performing Respondents design teams to meet
2 CONCEPTUAL DESIGN MEETING
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall hold a Conceptual Design Meeting During the Conceptual Design Meeting the Performing Respondent shall give a presentation of the Work Plan for Pre-Design Studies if needed and the conceptual design of the selected NTCRA based on any completed pre-design investigations and the Conceptual Design Letter Report
3 100 DESIGN MEETING FOR SEDIMENT CONSOLIDATION
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall hold a 100 Sediment Consolidation Design Meeting At this meeting the Performing Respondent shall present the 100 design for these components of the NTCRA
4 100 NTCRA DESIGN MEETING
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall hold two 100 NTCRA design meetings At the first meeting the Performing Respondent shall provide an overview of the design During the second meeting the Performing Respondent shall present any issues that have arisen from comments received on the 100 NTCRA design and options for resolving the issues
EPA may determine that any of such meetings are not necessary However EPA andor the Performing Respondent may also schedule additional meetings as necessary to discuss any issues that arise during design
VI NTCRA IMPLEMENTATION
The Performing Respondent shall implement the final design for the selected NTCRA as described in the Action Memorandum and this SOW that meets the performance standards specified in Section IV
- 13 shy
of this SOW This section describes the Performing Respondents responsibilities for conducting the NTCRA submitting deliverables and conducting project meetings during implementation of the NTCRA
A DELIVERABLES
The Performing Respondent shall submit the following deliverables to EPA and the MEDEP during implementation of the NTCRA pursuant to the schedule in Attachment A Any modification of the schedule in Attachment A is subject to EPA approval after a reasonable opportunity for review and comment by MEDEP Each submitted deliverable shall require EPA Approval or the Performing Respondents Certification whichever applies pursuant to the schedule in Attachment A and the procedures in Section XIV of the Administrative Order by Consent
1 NTCRA IMPLEMENTATION SCHEDULE
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit a NTCRA Implementation Schedule for EPA Review and Approval after reasonable opportunity for review and comment by the MEDEP The NTCRA Implementation Schedule shall identify the major milestones for completion of the NTCRA including the commencement and completion of construction and the schedule for demonstrating compliance bull ith Section V(A) (4) (f) of the SOW The NTCRA Implementation Schedule shall also identify the key construction dates including the initiation and completion date of each component of the multi-layer cap The NTCRA Implementation Schedule shall also identify the projected dates of the Progress Meetings conducted during the NTCRA implementation including those required pursuant to Section VIB of this SOW
2 CONSTRUCTION DOCUMENT SUBMITTAL
In accordance with the schedule set forth in Attachment A to this SOW the Performing Respondent shall submit a copy of executed construction contract documents to EPA and MEDEP
3 HEALTH AND SAFETY PLAN
- 14 shy
In accordance with che Schedule set forth in Attachment A to this SOW the Performing Respondent shall submit a General Health and Safety Plan to EPA and MEDEP A site-specific Health and Safety Plan addressing NTCRA construction activities shall be submitted by the Performing Respondent prior to on-site construction activities The general and site-specific Health and Safety Plans shall each be submitted with Performing Respondents Certification
4 NTCRA IMPLEMENTATION PROGRESS REPORTS
On the 15th calendar day of each month during implementation of the NTCRA and until EPA approval of the Completion of Removal Action Report the Performing Respondent shall submit Progress Reports to EPA and the MEDEP The Progress Reports shall be submitted with Performing Respondents Certification The reports shall summarize all activities that have been conducted in the month preceding the Progress Report and those planned for the next two months The Progress Reports shall also
a identify the percent of NTCRA construction completed
b identify any problems encountered andor changes to the schedule
c summarize the results of all sampling and tests and all other data received by the Performing Respondent
d include photographs of the site activities Photographs shall be labeled with the date brief description of the activity weather conditions and directionorientation of the photograph and
e include the results of any monitoring conducted
After completion of all construction activities the Performing Respondent may upon EPA approval reduce the frequency of submission of the Progress Reports The Progress Reports may be combined with the monthly progress reports required under the Administrative Order by Consent
- 15 shy
for Remedial Investigation Feasibility Study (EPA Region I CERCLA Docket No I-CERCLA-95-1069)
5 POST-REMOVAL SITE CONTROL PLAN
In accordance with the schedule set forth in Attachment A to this SOW the Performing Respondent shall submit a Post-Removal Site Control Plan (PRSC Plan) for EPA Review and Approval after reasonable opportunity for review and comment by the MEDEP The PRSC Plan shall ensure the long-term continued effectiveness of each component of the NTCRA The PRSC Plan shall address at a minimum the following
a periodic evaluation of the stability of the cover system
b a description of normal operations and maintenance
c a description of potential operational problems with contingency plans
d an operational safety plan
e a description of equipment
f record keeping and reporting requirements
g periodic assessment of the passive landfill gas venting system
h periodic assessment of erosion controls and periodic settlement monitoring
i periodic assessmentand runoff
of surface water controls
j evaluation of Sandy Brook removal area
k periodic evaluation of vegetative growth and the identification of any erosion and
1 the impact of the cap on wetlands
- 16 shy
6 COMPLETION OF REMOVAL ACTION REPORTS
In accordance with the schedule set forth in Attachment A to this SOW the Performing Respondent shall submit the Completion of Removal Action and Demonstratioi of Compliance Report (jointly the Completion of Removal Action Report) for EPA Review and Approval after reasonable opportunity for review and comment by the MEDEP The Completion of Removal Action Report shall be submitted in two phases including first an Interim Completion of Removal Action Report and second a Final Completion of Removal Action Report
a The Interim Completion of Removal Action Report shall include at a minimum
(1) a synopsis of the work defined in the SOW and the 100 NTCRA Design and a synopsis of all work actually performed
(2) an explanation of any modifications to work in the SOW and the 100 NTCRA Design and why such modifications were necessary to implement the NTCRA
(3) drawings and specifications for all components of the NTCRA and
(4) a final inspection checklist
b The Final Completion of Removal Action Report shall include the categories of information specified in section 300165 of the NCP (OSC Reports) In addition the Final Completion of Removal Action Report shall follow EPA guidance for a Remedial Action Report OSWER Directive 93550-39FS June 1992 and shall include at a minimum
(1) all the data and information necessary to demonstrate compliance according to the approved NTCRA Design
(2) a certification that the NTCRA is operational and functional as designed that no further modifications are necessary to meet the performance standards and that no unacceptable air
- 17 shy
or surface water releases (from the cap only) are occurring or are expected to occur
(3) a detailed explanation as to how t^e Performing Respondent addressed each of the ARARs specifically identified as such in Attachment X of the Action Memo
(4) the final record (as built) plans and specification for the NTCRA and
(5) the conclusions of the data evaluation
B PROJECT MEETINGS
The Performing Respondent and their contractors shall periodically meet with EPA and the MEDEP during implementation of the NTCRA to discuss the status of the project present the results of any investigations and discuss any issues that arise At least one week prior to each such meeting the Performing Respondent shall submit to EPA and the MEDEP as necessary an agenda for the meeting a summary of the issues that will be discussed and any supporting information The following is a list of mandatory meetings that shall be conducted by the Performing Respondent
1 CONSTRUCTION MEETINGS
Unless otherwise agreed by EPA and MEDEP during the construction period the Performing Respondent and its construction contractor(s) shall meet MONTHLY with EPA and MEDEP regarding the progress and details of construction
2 SUBSTANTIAL COMPLETION INSPECTION MEETING
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall schedule and conduct a Substantial Completion Inspection Meeting at the Site The Substantial Completion Inspection Meeting shall include EPA MEDEP and the Performing Respondents Project Coordinator and technical consultant
- 18 shy
3 FINAL INSPECTION MEETING
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall schedule and conduct a Final Inspection Meeting at the Site This Final Inspection Meeting shall include participants from all parties involved in the NTCRA including but not limited to the Performing Respondent and its contractors EPA and the State
EPA may determine that any such meetings are not necessary EPA andor MEDEP andor the Performing Respondent may also schedule additional meetings as necessary to discuss any issues that arise during implementation of the NTCRA
VII POST-REMOVAL SITE CONTROL
The Performing Respondent shall initiate Post-Removal Site Control (PRSC) upon completion of construction of the NTCRA In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit a PRSC plan for EPA approval after a reasonable opportunity for review and comment by MEDEP PRSC shall continue for at least thirty years
Progress Reports shall be submitted throughout the period of PRSC PRSC Progress Reports shall contain a list of all PRSC activities that were performed in the time period since the previous PRSC Progress Report and those PRSC activities that will be performed in the time period until the next PRSC Progress Report In addition PRSC Progress Reports shall include a summary of the results of any PRSC tests or evaluations completed since the last report
PRSC reports shall be submitted quarterly for the first two years following approval of the PRSC plan by EPA after a reasonable opportunity for review and comment by MEDEP For the next 8 years PRSC reports shall be submitted semishyannually in June and November of each year Thereafter PRSC reports shall be submitted annually in November The PRSC reports shall include a discussion of the condition of the NTCRA components and shall identify any corrective measures that have been or need to be installed In particular the condition of the landfill vegetative cover and surface water controldrainage systems shall be discussed
- 19 shy
VIII LONG-TERM MONITORING
In accordance with the schedule set forth in Attachment A to the SOW the Perform g Respondent shall submit a Long-Term Monitoring Plan for EPA Review and Approval after reasonable opportunity for review and comment by MEDEP The objective of the Long-Term Monitoring Plan shall be to evaluate the long-term changes in groundwater surface water and sediment concentrations to assess the effectiveness of the NTCRA The Long-Term Monitoring Plan may also include measures to assess the compliance of the landfill passive gas venting control system and the surface water and sediment control systems The data collected as part of the RIFS Order may be consolidated as a substitute for this data
The Performing Respondent shall initiate the long-term monitoring upon EPA approval of the Long-Term Monitoring Report and continue to perform long-term monitoring of the Site for at least thirty years after EPA approval of the Completion of Removal Action Report Any modifications to these requirements should be made in a manner consistent with Paragraph 111 of the Order
- 20 shy
ATTACHMENT A NTCRA SCHEDULE
DeliverableMeeting Due Date
Kick-off meeting between EPA MEDEP and Design Contractor
Design Progress Reports
Submit Conceptual Design Letter Report to EPA and MEDEP
Final Design Meeting for Sediment Consolidation
Submit draft 100 Sediment Consolidation Design
Conceptual Design Meeting
Monthly Project Mtg
Institutional Control Plan
Submit 100 NTCRA Design
100 NTCRA Design Meeting
Health and Safety Plan for Construction Activities
Second 100 Design Meeting
NTCRA Implementation Schedule
Revised 100 Design Construction Document Submittal
NTCRA Implementation Progress Reports
Construction Meetings
Post-Removal Site Control Plan
Held on December 18 1996
15th calendar day of each month until EPA approval of 100 NTCRA Design
Submitted December 15 1996
Held on December 18 1996
Submitted December 15 1996
Held January 9 1997
To be set by EPA
within 60 days of the effective date of the NTCRA Order
February 28 1997
March 21 1997
No later than May 16 1997
No later than May 23 1997
No later than June 13 1997
No later than June 13 1997
15th calendar day of each month after EPA approval of 100 NTCRA Design until approval of the Completion of Removal Action Report
Once per month during NTCRA construction activities
July 15 1997
Attachment A - 1
Submit Long-Term Monitoring Plan to EPA and MEDEP
Substantial Completion InspectionMeeting
Winter Stabilization Plan
Interim Completion of Removal Action Report
Final Completion of Removal Action Report
Final Inspection
Post-Removal Site Control Progress Reports
No later than December 1 1997
No later than December ]5 1997
By 30th of October of each year until EPA approval of the Post-Removal Site Control Plan
30 days prior to Substantial Completion Inspection Meeting
Within 120 days of the Substantial Completion Inspection
No later than May 15 1998
Quarterly for the 1st two years after approval of PRSC Plan(to be submitted in March June September and December of each year) for the next eight years semishyannually in June and November of each year Thereafter annually in November
Attachment A - 2
ATTACHMENT B
FIELD SAMPLING PLAN COMPONENT OF THE NTCRA 100 DESIGN
The overall objectives of the Field Sampling Plan (FSP) are as follows
1 to document specific objectives procedures and rationales for fieldwork and sample analytical work
2 to ensure that sampling and analysis activities are necessary and sufficient and
3 to provide a common point of reference for all parties to ensure the comparability and compatibility of all objectives and the sampling and analysis activities
The following critical elements of the FSP shall be described for each sample medium as necessary (eg ground water surface water soil sediment air and biota) and for each sampling event
1 sampling objectives (iedemonstration of attainment five year review etc)
2 data quality objectives including data uses and the rationale for the selection of analytical levels and detection limits (see Data Quality Objectives Development Guidance for Uncontrolled Hazardous Waste Site Remedial Response Activities OSWER Directive 935507 March 1987) Also Guidance for Data Useability in Risk Assessment EPA540G-90-008 October 1990
3 site background update including an evaluation of the validity sufficiency and sensitivity of existing data
4 sampling locations and rationale
5 sampling procedures and rationale and references
6 numbers of samples and justification
7 numbers of field blanks trip blanks and duplicates
Attachment B - 1
8 sample media (eg ground water surface war soil sediment air and buildings facilities and structures including surfaces structural materials and residue)
9 sample equipment containers minimum sample quantities sample preservation techniques maximum holding times
10 instrumentation and procedures for the calibration and use of portable air soil- or water-monitoring equipment to be used in the field
11 chemical and physical parameters in the analysis of each sample
12 chain-of-custody procedures must be clearly stated (see EPA NEIC Policies and Procedures Manual EPA 3309-78shy001-R May 1978 revised May 1986
13 procedures to eliminate cross-contamination of samples (such as dedicated equipment)
14 sample types including collection methods and if field and laboratory analyses will be conducted
15 laboratory analytical procedures equipment and detection limits
16 equipment decontamination procedures
The FSP must establish the framework for all anticipated field activities (eg sampling objectives evaluation of existing data standard operating procedures) and contain specific information on each round of field sampling and analysis work (eg sampling locations and rationale sample numbers and rationale analyses of samples) During the NTCRA the FSP shall be revised as necessary to cover each round of field or laboratory activities Revisions or a statement regarding the need for revisions shall be included in each deliverable describing all new field work
The FSP shall include provisions requiring notification of EPA and the MEDEP at a minimum four weeks before field sampling events The Performing Respondent shall provide EPA and MEDEP at least one week notice for non-analytical engineering analysis samples The FSP shall also allow split replicate or duplicate samples to be taken by EPA
Attachment B - 2
(or their contractor personnel) MEDEP and by other parties authorized by EPA At the request of EPA or MEDEP the Performing Respondent shall provide these samples in appropriately pre-cleaned containers to the government representatives Identical procedures shall be used t_raquo collect the Performing Respondents samples and the parallel samples unless otherwise specified by EPA or MEDEP The following guidance documents shall be followed in developing the FSP including
1 Guidance for Conducting Remedial Investigations and Feasibility Studies Under CERCLA (OSWER Directive 93553-01 EPA540G-89004 October 1988)
2 Data Quality Objectives for Remedial Response Activities Development Process EPA540G-87003 (OSWER Directive 93550-7B March 1987)
3 Data Quality Objectives for Remedial Response Activities example scenario RIFS Activities at a site with contaminated Soil and Ground Water (OSWER Directive 93550-7B EPA540G-87002 March 1987)
4 Test Methods for Evaluating Solid Waste PhysicalChemical Method (EPA Pub SW-846 Third Edition)
5 Analytical methods as specified in CFR 40 CFR Parts 136 14123 14124 and 14125 and Agency manuals documenting these methods
6 Statement of Works for Inorganic and Organic Analyses EPA Contract Laboratory Program
7 Guidance for Data Useability in Risk Assessment EPA540G-90-008 October 1990 and
8 Ecological Assessment of Hazardous Waste Sites A Field and Laboratory Reference EPA6003-89013 March 1989
Attachment B - 3
ATTACHMENT C
QUALITY ASSURANCE PLAN FOR THE NTCRA 100 DESIGN
The Quality Assurance Project Plan (QAPjP) shall document in writing site-specific objectives policies organizations functional activities and shall specify quality assurancequality control (QAQC) activities designed to achieve the data quality objectives (DQOs) of the NTCRA The QAPjP developed for this project shall document QAQC policies procedure routines and specifications All project activities throughout the NTCRA shall comply with the QAPjP All QAPjP and sampling and analysis objectives and procedures shall be consistent with Interim Guidelines and Specifications for Preparing Quality Assurance Project Plans (EPA 1983 - EPA QAMS- 00580 1980) All analytical methods shall be consistent with applicable EPA analytical protocols and methods
The 16 basic elements of the QAPjP plan are
1 title page with provision for approval signatures of principal investigators
2 table of contents
3 project description
4 project organization and responsibility
5 quality assurance objectives for measurement data in terms of precision accuracy completeness representativeness and comparability
6 sampling procedures
7 sample custody
8 calibration procedures and frequency
9 analytical procedures which must be EPA approved or equivalent methods
10 data reduction validation and reporting
11 internal quality control checks and frequency
Attachment C - 1
12 performance and system audits and frequency
13 preventive maintenance procedures and schedules
14 specific routine procedures to be used to assess the precision accuracy and completeness of data and to assess specific measurement parameters involved
15 corrective action and
16 quality assurance reports to management
As indicated in EPAQAMS-00580 the above list of essential elements must be considered in the QAPjP for the NTCRA If a particular element is deemed not relevant to the project the reasons for such determination must be provided
Information in a plan other than the QAPjP may be cross-referenced clearly in the QAPjP provided that all objectives procedures and rationales in the documents are consistent and the reference material fulfills the requirements of EPAQAMS-00580 Examples of how this cross-reference might be accomplished can be found in the Data Quality Objectives for Remedial Response Activities Development Process EPA5406-87OQ3 (OSWER Directive 93550-7B) March 1987 and the Data Quality Objectives for Remedial Response Activities Example Scenario EPA540Gshy87004 (OSWER Directive 93550-7B) March 1987 EPA-approved analytical methods or alternative methods approved by EPA shall be used and their corresponding EPA-approved guidelines shall be applied when they are available and applicable
The QAQC for any laboratory used during the NTCRA shall be included in the QAPjP When this work is performed by a contractor to the Performing Respondent each laboratory performing chemical analyses shall meet the following requirements
1 be approved by the State Laboratory Evaluation Program if available
2 have successful performance in one of EPAs National Proficiency Sample Programs (ie Water Supply or Water Pollution Studies or the States proficiency sampling program)
Attachment C - 2
3 be familiar with the requirements of 48 CFR Part 1546 contract requirements for quality assurance and
4 have a QAPjP for the laboratory including all relevant analysis This plan shall be referenced as part of the contractors QAPjP
The Performing Respondent shall certify that all validation of data was performed by an independent person according to Region Is Laboratory Data Validation Functional Guidelines for Evaluating Organic and Inorganic Analyses (amended as necessary to account for the differences between the approved analytical methods for the project and the Contract Laboratory Procedures (CLP) These approved methods shall be contained in the QAPjP The independent person shall not be the laboratory conducting the analyses and should be a person familiar with EPA Region I data validating procedures The independent person performing the validation shall insure that the data packages are complete and all discrepancies have been resolved if possible and the appropriate data qualifiers have been applied The Performing Respondent shall keep the complete data package and make it available to EPA and the MEDEP on request The complete data package must include the following
o Narrative stating method used and explanation of any problems
o Tabulated summary forms for samples standards and QC
o Raw data for samples standards and QC o Sample preparation logs and notebook pages o Sample analysis logs andor notebook pages o Chain of custody sample tags o An example calculation for every method per
matrix
Attachment C - 3
ATTACHMENT D
GENERAL REQUIREMENTS FOR THE TECHNICAL SPECIFICATIONS COMPONENT OF THE NTCRA DESIGN
The general requirements section of the technical specification shall describe how the Performing Respondent will manage the project to complete the NTCRA as required under the SOW and the Order As part of the technical specifications the Performing Respondent shall require the following tasks
1 provide for the security of government and private property on the Site
2 estrict unauthorized entry to the Site which might result in exposure of persons to potentially hazardous conditions
3 establish the location of a field office for on-site activities
4 provide contingency and notification plans for potentially dangerous activities associated with the NTCRA
5 monitor airborne contaminants released by Site activities which may affect the local populations
6 communicate to EPA MEDEP and the public the organization and management of the NTCRA including key personnel and their responsibilities
7 provide a list of Performing Respondents contractors and subcontractors and description of their activities and roles
8 provide for the proper disposal of materials used and wastes generated during the NTCRA (eg drill cutting extracted ground water protective clothing disposable equipment) These provisions shall be consistent with the off-site disposal requirements of CERCLA sect 121(d)(3) RCRA and applicable state laws The Performing Respondent or their authorized representative or another party acceptable to EPA and MEDEP shall be identified as the generator of wastes for the purpose of regulatory or policy compliance
Attachment D - 1
9 provide a description of the project staff and communication strategy
10 provide the mechanism for identifying and notifying EPA and MEDEP of non-conformance with the design and ixeld change requests and
11 provide traffic controls and community notification strategy
Attachment D - 2
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page i
TABLE OF CONTENTS
I JURISDICTION 1
II PARTIES BOUND 2
III DEFINITIONS 4
IV EPAS AND MAINE PEPS FINDINGS OF FACT 11
V EPAS AND MAINE PEPS DETERMINATIONS 22
VI ORDpoundR 25
VII REMOVAL WORK TO BE PERFORMED COMPLETION OF WORK 25
VIII COORDINATION AND COOPERATION WITH OTHER RESPONSE ACTIONS 28
IX ENGAGEMENT OF THE CITYS CONSULTANT AND CONTRACTOR AND PROJECT COORDINATOR 29
X DESIGNATION OF GOVERNMENT COORDINATORS 32
XI PLACE AND MANNER OF NOTICE 33
XII OBSERVATION OF THE CITYS ACTIVITIES 34
XIII NECESSITY OF FORMAL APPROVAL 35
XIV DELIVERABLES SUBMITTED TO EPA AND THE MAINE PEP 36
XV MONTHLY PROGRESS REPORTS AND MEETINGS 42
XVI QUALITY ASSURANCEQUALITY CONTROL HEALTH AND SAFETY COMPLIANCE 43
XVII SPLIT SAMPLING 44
XVIII RECORD PRESERVATION 45
Administrative Order By Concent for Removal Action Saco Municipal Landfill Superfund Site Page ii
XIX CONFIDENTIALITY CLAIMS 47
XX SITE ACCESS 48
XXI ENDANGERMENT AND EMERGENCY RESPONSE 50
XXII ADDITIONAL RESPONSE ACTIONS 52
XXIII OFF-SITE POLICY 53
XXIV OTHER APPLICABLE LAWS 55
XXV COMMUNITY RELATIONS 56
XXVI FINANCIAL ASSURANCE INSURANCE 56
XXVII REIMBURSEMENT OF EPA EXTRAORDINARY RESPONSE COSTS 58
XXVIII FORCE MAJEURE 62
XXIX DISPUTE RESOLUTION 65
XXX STIPULATED PENALTIES 67
XXXI PAYMENT BY NON-PERFORMING PARTIES 72
XXXII CIVIL PENALTIES FOR NONCOMPLIANCEENFORCEMENT 73
XXXIII COVENANT NOT TO SUE DENIAL OF LIABILITY 73
XXXIV CONTRIBUTION PROTECTION 78
XXXV EPAS AND THE STATES RESERVATION OF RIGHTS 78
XXXVI RESPONDENTS COVENANT NOT TO SUE 82
XXXVII RESPONDENTS RESERVATION OF RIGHTS 83
XXXVIII OTHER CLAIMS 85
XXXIX INDEMNIFICATION 86
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page iii
XXXX WAIVER OF SETTLEMENT CONFERENCE 87
XXXXI MODIFICATION OF ORDER 87
XXXXII SEPARATE DOCUMENTS 88
XXXXIII EFFECTIVE DATE 88
XXXXIV TERMINATION 88
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 1
I JURISDICTION
1 This Administrative Order by Consent for Removal Action is
entered into voluntarily by and between the United States
Environmental Protection Agency (EPA) the State of Maine and
all of the Respondents listed in the caption above (hereinafter
the Respondents) This Order concerns the performance of the
Removal Action in connection with the Superfund Site known as the
Saco Municipal Landfill Site (the Site) in Saco York County
Maine This Order is issued pursuant to the authority vested in
the President of the United States by Sections 104(a) 106(a) and
122(a) of the Comprehensive Environmental Response Compensation
and Liability Act as amended (CERCLA) 42 USC sectsect 9604(a)
9606(a) and 9622(a) These authorities were delegated to the
Administrator of EPA on January 23 1987 by Executive Order
12580 52 Fed Reg 2926 (January 29 1987) and further
delegated to the EPA Region I Regional Administrator on
September 13 1987 by EPA delegation Nos 14-14-A and 14-14-C
and further delegated to the Director of the Office of Site
Remediation and Restoration Director This Administrative Order
by Consent is also issued pursuant to the authority vested in the
Commissioner of the Maine DEP by the Maine Uncontrolled Hazardous
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sita Page 2
Substance Sites Law 38 MRSA sect 1365(1) amp (2) (1989 amp Suf j
1997) The Respondents agree not to contest the authority or
jurisdiction of the EPA Regional Administrator the State of
Maine or their delegatees to issue this Order in any subsequent
proceeding to enforce the terms of this Order
2 EPA notified the Federal Natural Resource Trustees of
this action on September 23 1996 pursuant to Section 122(j) of
CERCLA 42 USC sect 9622(j)
II PARTIES BOUND
3 This Order shall apply to and be binding upon EPA the
State of Maine and the Respondents their successors and
assigns and upon all persons contractors and consultants whom
the Respondents have authorized to act on their behalf to perform
Work pursuant to this Order No change or changes in the
ownership or corporate or legal status of any of the Respondents
including but not limited to any transfer of assets or real or
personal property shall in any way alter the Respondents
responsibilities under this Order Each Respondent shall provide
a copy of this Order to any subsequent owners or successors (or
purchasers of all or substantially all assets) before ownership
rights are transferred The signatories to this Order certify
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 3
that they are authorized to execute and legally bind the parties
they represent
4 Any Respondent that owns any portion of the Site shall
at least 30 days prior to the conveyance of any interest in real
property at the Site give written notice that the property is
subject to this Order to the transferee and written notice to EPA
and the State of the proposed conveyance including the name and
address of the transferee
5 The City of Saco (hereafter the City) shall provide a
copy of this Order to all contractors subcontractors
laboratories and consultants retained to conduct any portion of
the Work performed pursuant to this Order within fourteen (14)
days after the effective date of this Order or after the date of
such retention whichever is later Notwithstanding the terms of
any contract the City is responsible for compliance with all
requirements of this Order (except for Paragraph 96 and
obligations arising therefrom) and for ensuring that all persons
contractors sub-contractors agents and consultants whom the
City has authorized to act on its behalf comply with this Order
In the event of conflict between this Administrative Order by
Consent and any document attached to incorporated into or
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 4
enforceable hereunder the provisions of this Administrative
Order by Consent shall control Any reference herein to the
Work shall mean all activities conducted pursuant to this Order
including but not limited to the Removal Action and all
response actions to be undertaken pursuant to the Action
Memorandum for a Non-Time-Critical Removal Action at the Site
except those activities required by Section XVIII (Record
Preservation) and Paragraph 96 (Payment by Non-Performing
Respondents)
III DEFINITIONS
6 Unless otherwise expressly provided herein terms used
in this Order 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 Order or in the appendices attached hereto and
incorporated hereunder the following definitions shall apply
a Action Memorandum shall mean the EPA Action
Memorandum relating to the Saco Municipal Landfill Site
signed on September 23 1996 by the Director of the Office
of Site Remediation and Restoration (OSRR) EPA Region I
as amended and all attachments thereto
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 5
b Cost Recovery Administrative Agreement shall mea the
Cost Recovery Administrative Agreement Docket No CERCLA shy
1-97-1010 entered by the Respondents and EPA
c Day shall mean a calendar day unless expressly stated
to be a working day or unless the reference is to a period
of ten (10) days or less in which case intervening weekend
days and legal federal holidays shall not be counted in
determining dates In all other instances of computing any
period of time under this Order 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 Working day shall mean a day other than a Saturday
Sunday or federal holiday
d Deliverable shall mean any contract deliverable
plan report notice specification schedule or other item
or document required to be submitted by the City pursuant to
the Order or Statement of Work
e EPA Approval or EPA Review and Approval shall mean
the procedures specified in Section XIVA of this Order
Administrative Order By Consent for Removal Action Saco Municipal Landfill Super-fund Site Page 6
f Extraordinary Response Costs shall mean any costo EPA
or the Maine DEP incur pursuant to Paragraphs 52d 65 69
102 and 104
g Landfill shall mean the Saco Municipal Landfill
which is owned by the City and comprised of four waste
disposal areas (identified as Areas 1 2 3 and 4 in
Appendix A) situated on the 90 acre Landfill Parcel located
on Foss Road in Saco York County Maine owned by the City
h Landfill Parcel shall mean the 90 acre parcel of land
owned by the City on Foss Road in Saco York County Maine
upon which the Landfill is situated
i National Contingency Plan or NCP shall mean the
National Oil and Hazardous Substances Pollution Contingency
Plan promulgated pursuant to Section 105 of CERCLA 42
USC sect 9605 codified at 40 CFR Part 300 and any
amendments thereto
j NTCRA shall mean the Non-Time-Critical Removal Action
undertaken pursuant to this Order
k Order shall mean this Administrative Order by
Consent the Statement of Work (SOW) and any other
appendices or attachments thereto including any future
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 7
modifications as provided by the terms of this
Administrative Order by Consent as may be added hereafter
including (upon EPA Approval or the Citys Certification)
any Deliverables required by this Order such Deliverables
shall be incorporated into and enforceable under this Order
upon EPA Approval or the Citys Certification
1 Oversight Costs shall mean all costs including but
not limited to direct and indirect costs not inconsistent
with the NCP that EPA the Department of Justice or the
State of Maine incur after the effective date of this Order
in overseeing this Order and the Cost Recovery
Administrative Agreement including costs incurred for
negotiating amendments to these instruments- costs incurred
for reviewing or developing plans reports and other items
in connection with this Order costs incurred for overseeing
actions undertaken by the City at the Site pursuant to this
Order including but not limited to payroll costs
contractor costs travel costs and laboratory costs- any
payments tc the State through a cooperative agreement lt~osts
incurred by EPA under or in connection with a contract or
arrangement between EPA and a qualified person to assist EPA
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 8
in overseeing and reviewing the conduct of activities
required under this Order costs of contractors hired by EPA
and other federal agencies to assist in the evaluation of
Respondents Work under this Order costs related to
community relationsinvolvement and any Interest accruing
from the date payment for such costs is due Extraordinary
Response Costs shall be excluded from the definition of
Oversight Costs
m Paragraph shall mean a portion of this Order
identified by an Arabic numeral or an upper case letter
n Parties shall mean EPA the State of Maine and the
Respondents
o Past Response Costs shall mean all costs including
but not limited to direct and indirect costs that EPA the
US Department of Justice or the State of Maine incurred
at the Site or in connection with the Site through the
effective date of this Order plus accrued Interest on all
such costs through such date
p Post-Removal Site Control shall mean those activities
necessary to maintain the effectiveness and integrity of the
NTCRA
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 9
q Prior MEDEP Orders and Consent Decrees shall meai The
1970 Consent Agreement and Order issued by the MEDEP to the
City the 1981 Administrative Consent Agreement and
Enforcement Order issued by MEDEP to the City the 1984
Consent Decree entered by the MEDEP and the City the 1986
First Amendment to the 1984 Consent Decree the 1987 Consent
Decree between the MEDEP and the City and all other
administrative orders and consent decrees related to the
Site issued by the MEDEP to the City prior to the effective
date of this Order
r Removal Action shall mean all activities that the
Respondents are required to perform under this Order
including but not limited to all response actions to be
undertaken pursuant to the Action Memorandum for a Non-Time
Critical Removal Action at the Site dated September 23
1996 except those activities required by Section XVIII
(Record Preservation) and Paragraph 96 (Payment by Non-
Performing Respondents)
s Response Costs shall mean all costs including but
not limited to direct and indirect costs plus Interest on
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 10
all such costs that EPA the US Department of Justice or
the State of Maine incur in connection this Order
t Performing Respondent shall mean the City of Saco
Maine
u Performing Respondents Certification shall mean the
procedures specified in Section XIVB of this Order
v Non-Performing Respondents shall mean those parties
identified in Paragraph 12
w RIFS Order shall mean the Administrative Order by
Consent for Remedial InvestigationFeasibility Study EPA
Region I CERCLA Docket No I-CERCLA-95-1069
x RIFS Response Costs shall mean those costs
including but not limited to direct and indirect costs that
EPA the US Department of Justice or the State of Maine
incurred or will incur in connection with the RIFS Order
plus accrued Interest on all such costs
y RFC shall mean the Citys Project Coordinator
z RPM shall mean EPAs Remedial Project Manager
aa Section shall mean a portion of this Order identified
by a Roman numeral
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 11
bb Site shall mean the Saco Municipal Landfill Supe fund
Site encompassing the Landfill the Landfill Parcel and
all other areas where hazardous substances migrating from
the Landfill have come to be located and all areas in
proximity to the hazardous substances necessary for
implementation of the response action
cc State shall mean the State of Maine including MEDEP
dd Statement of Work or SOW shall mean the statement
of work for the design and implementation of the Removal
Action as set forth in Appendix B to this Order any
modifications made in accordance with this Order and any
attachments to the SOW
ee MEDEP or Maine DEP shall mean the State of Maine
Department of Environmental Protection and any predecessor
or successor departments or agencies of the State
IV EPAS AND MAINE PEPS FINDINGS OF FACT
Site Description and History
7 The Site is in a rural residential area Wooded areas
surround the Site in all directions with the exception of an
open sand and gravel quarry to the southeast private residences
are located to the north and east The closest residence is
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 12
approximately 1000 feet northeast of the entrance to the
landfill In 1975 a waterline extension for the Biddeford and
Saco Water Company was installed along Buxton Road which is to
the east of the Site north to the Louden Road that services
many of the private residences in the area
8 The City of Saco operated the Landfill from 1963 until
approximately 1988 Solid wastes commercial wastes and
industrial wastes were disposed of at the Landfill In 1987 the
City of Saco began operating and continues to operate a
transfer station and compost area near the northern perimeter of
the Landfill Parcel and to the west of Foss Road The transfer
station receives and temporarily stores demolition debris wood
waste and white goods prior to off-site disposal The Landfill
is comprised of four distinct waste deposition areas (Areas 1 2
3 and 4) A brook known as Sandy Brook flows northwest to
southeast through the Landfill Parcel with Landfill Areas 1 and
2 to the east and Areas 3 and 4 to the west of Sandy Brook
9 Following reports of ground water and surface water
contamination from leachate from the Landfill the Maine DEP
began investigating the Site in 1974 A 1974 report by a
consultant for the City of Saco identified leachate originating
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 13
from Area 1 at the Landfill as a source of contamination and a
1975-1976 report recommended capping Area 1 to prevent continued
leachate generation Further studies by other consultants as
well as by the Maine DEP and EPA identified volatile organic
compounds metals and semi-volatile compounds including but not
limited to acetone bis (2-ethylhexyl) phthalate chromium 11shy
dichloroethane iron lead manganese methyl ethyl ketone and
toluene in the leachate ground water andor surface water at
the Site at the time of the additional studies
10a In February 1976 the Maine DEP issued a Consent
Agreement and Order (Consent Order) to the City of Saco to
abate leachate migration from the Landfill Pursuant to the
Consent Order the City of Saco regraded Area 1 and covered it
with a clay cap in the fall of 1976 In September 1981 the
Maine DEP issued-an Administrative Consent Agreement and
Enforcement Order to the City of Saco requiring submittal of a
closure plan for the entire Landfill The City of Saco submitted
a closure plan to the Maine DEP in March and November 1984
Following Maine DEP approval of the submitted plan the Maine DEP
and the City of Saco entered into a Consent Decree effective
December 31 1984 under which the City of Saco agreed to perform
Administrative Order By Conaent for Removal Action Saco Municipal Landfill Super-fund Site Page 14
the closure plan for the Landfill Pursuant to the approved
closure plan the City of Saco installed a leachate recirculation
system in Area 2 and covered this area of the Landfill with a
clay cap In addition in a separate action from 1985 to 1991
the City of Saco allowed the temporary storage of solid waste
from Nike Inc in Area 3 which was later sent off-site for
incineration Area 4 of the Landfill has been graded and is
covered with a thin layer of soil
b A number of monitoring efforts at the Site have
been undertaken by the City of Saco and others In 1980 34
private wells located near the Site were sampled In 1984 the
City of Saco contracted with Dubois amp King which installed 24
additional monitoring wells conducted sampling of groundwater
surface water off-site residential wells and ponds and
initiated quarterly sampling In 1987-1988 the City of Saco
contracted with Balsam Environmental Consultants to conduct
sampling of groundwater surface water and leachate in
preparation for Landfill closure activities In 1989 Balsam
evaluated the existing monitoring well network and submitted a
Remedial Investigation Plan
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 15
c From September 1992-April 1994 Halliburton NUS
Corporation provided technical assistance to EPA conducted a
Limited Field Investigation under EPA oversight and prepared a
Final Site Summary Report regarding the Site In 1993-1994 the
US Geological Survey under an Interagency Agreement with the
EPA conducted a detailed geologichydrogeologic review of the
Site and installed monitoring wells performed numerous
geophysical analyses and monitored and sampled surface water
B Performing Respondent
11 The City of Saco is a municipality which currently owns
the Landfill Parcel and the Landfill and owned the landfill
Parcel and the Landfill during the time of disposal of hazardous
substances at the Landfill The City also operated the Landfill
during the time of disposal of hazardous substances at the
Landfill either directly or through a contractor The City of
Saco typically provided trash removal services for residential
and non-industrial commercial entities Industrial entities
handled their own waste hauling to the Landfill
C Non-Performing Respondents
12 The following parties are Non-Performing Respondents
Robus Leather Corporation fka George Newman amp Company
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 16
successor by merger to Biddeford Industries Inc a corporation
under the law of the State of Ohio CL Hauthaway amp Sons Corp
a corporation under the law of the Commonwealth of Massachusettsshy
Gabriel Electronics Incorporated a corporation under the law of
the State of Maine Litton Industries Inc a corporation under
the law c_ the State of Delaware- Lyn-Flex Industries an
unincorporated division of Der-Tex Corporation a corporation
under the law of the Commonwealth of Massachusetts Millipore
Corporation a corporation under the law of the Commonwealth of
Massachusetts Nike Inc a corporation under the law of the
State of Oregon ZENECA Inc a corporation under the law of the
State of Delaware Saco Defense Inc a corporation under the law
of the State of Delaware Bemis Company Inc a corporation
under the law of the State of Missouri and Champion
International Corporation a corporation under the law of the
State of New York EPA and Maine DEP allege that each Non-
Performing Respondent arranged by contract agreement or
otherwise for the disposal or treatment of hazardous substances
at the Landfill andor accepted or
had a corporate relationship with a person that accepted
hazardous substances for transport to the Landfill
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 17
C Environmental Status of Site
13 Beginning in the mid-1970s individuals residing near
the Site reported water quality concerns regarding their drinking
water wells To address these concerns the municipal water
supply was extended along Buxton Road (Route 112) in 1975
14 Based upon the hazardous substance releases detected
during EPA MEDEP and City of Saco investigations at the Site
and other information available to EPA regarding disposal of
hazardous substances by industrial generators at the Landfill
and pursuant to Section 105(a)(8)(B) of CERCLA 42 USC
sect 9605(a)(8)(B) the Site was proposed for inclusion on the
National Priorities List (NPL) published by the Administrator
of EPA in the Federal Register on June 24 1988 (NPL Update 7
53 Fed Reg 23988-98) The Site was listed for final inclusion
on the NPL on February 21 1990 (NPL Final Rule Update 7 55
Fed Reg 6154)
15 EPA MEDEP and the City of Saco have entered into the
Administrative Order by Consent for Remedial Investigation
Feasibility Study US EPA Region I CERCLA Docket No I-CERCLAshy
95-1069 (RIFS Order) in order to fully investigate the release
or threat of release of hazardous substances at the Site The
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 18
RIFS Order became effective on October 2 1995 The Remedial
Investigation and Feasibility (RIFS) Study is still in
progress
16 The RIFS and earlier investigations have revealed that
the landfill waste material is the source of hazardous substances
migrating to the underlying soils groundwater sediments and
surface water Hazardous substances were detected in groundwater
monitoring wells adjacent to and downgradient of the Site
indicating that hazardous substances have migrated from the Site
into the overburden groundwater which discharges to Sandy Brook
Groundwater data indicates that hazardous substances including
but not limited to arsenic manganese vinyl chloride benzene
and bis(2-ethylhexyl)phthalate are present at concentrations
above the maximum contaminant levels established under the
federal Safe Drinking Water Act and the Maine Maximum Exposure
Guidelines In addition hazardous substances from the Site have
accumulated in the sediments of leachate seeps adjacent to Sandy
Brook The level of arsenic in one leachate seep adjacent to
Sandy Brook is over 200 times the National Oceanic and
Atmospheric Effects Range-Low concentrations for sediments (NOAA
ER-L)
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 19
17 On June 6 1996 EPA issued an Engineering
EvaluationCost Analysis (EECA) Approval Memorandum for the
Site In this memorandum EPA concludes that a CERCLA Non-Time-
Critical Removal Action is necessary and appropriate to control
the source of hazardous substance releases at the Site and
authorizes the undertaking of an EECA study to evaluate various
response options On July 26 1996 EPA approved the EECA
Report prepared by the City of Saco pursuant to the RIFS Order
18 On September 23 1996 the Director of OSRR EPA Region
I signed an Action Memorandum for a Non-Time-Critical Removal
Action at the Site In order to control and contain the release
of hazardous substances from Areas 3 and 4 of the Saco Municipal
Landfill Site the Action Memorandum calls for excavation of
groundwater seep sediments with arsenic concentrations above 19
mgkg the construction of a multi-layer landfill cap
institutional controls long-term monitoring and Post-Removal
Site Control (operation and maintenance) of the cap and
monitoring wells
D Endangerment and Response
19 The primary route by which human populations could be
exposed to hazardous substances migrating from the Site is
Administrative Order By Concent for Removal Action Saeo Municipal Landfill Superfund Site Page 20
ingestion of groundwater in the vicinity of Areas 3 and 4 At
present no residents living near the Site are known to be
consuming impacted groundwater However the potential exists
for new residences to be located (with associated drinking water
wells) near the Site
20 Due to ongoing weather conditions water infiltrates
the landfill waste material and underlying soils causing the
leaching of hazardous substances to the groundwater and the
migration of such substances through the groundwater An
exposure pathway potentially exists therefore through the
ingestion of water from a drinking water well installed in the
groundwater impacted by the hazardous substances
21 A risk evaluation performed for the EECA Approval Memo
concludes that there is an unacceptable cancer and non-cancer
risk from exposure to substances in the groundwater including
those hazardous substances listed in Paragraph 9 above The
cumulative excess cancer risk resulting from ingestion of
groundwater by a future user is estimated as 1 x 10~2 for the
reasonable maximum exposed individual and 91 x 104 for the
average exposed individual These levels exceed the highest
acceptable level of risk (1 x 10) established by EPA under the
Administrative Order By Convent for Removal Action Saoo Municipal Landfill Superfund Site Page 21
National Contingency Plan The hazard index which is an
expression of the potential noncarcinogenic effects (eg liver
damage) of the hazardous substances is estimated as 64 for the
reasonable maximum exposed individual and 22 for the average
exposed individual A hazard index significantly greater than
one is considered to pose an unacceptable risk
22 The EECA Approval Memo risk evaluation also identified
an unacceptable risk from human exposure to the maximum
concentrations of arsenic in the groundwater seeps and an
unacceptable non-cancer risk from human exposure to chromium in
the soils adjacent to Area 3
23 An ecological risk was also identified by the EECA
Approval Memo risk evaluation Iron concentrations in Sandy
Brook were up to 18 times the ambient water quality criteria and
arsenic concentrations in Sandy Brook sediments and the
groundwater seep sediments were 138 times the NOAA ER-L
24 The Removal Action specified in the Action Memorandum
signed by the Director of OSRR EPA Region I on September 23
1996 and as detailed in the Order and SOW is designed to
control the actual or threatened release of hazardous substances
into the groundwater air surface water and sediments and
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 22
thereby prevent minimize andor mitigate the imminent and
substantial endangerment to the public health or welfare or the
environment posed by the actual or potential releases of
hazardous substances from the Landfill
V EPAS AND MAINE PEPS DETERMINATIONS
Based on the Findings of Fact set forth above and the
administrative record supporting the Removal Action EPA and the
Maine DEP have determined that
25 The Saco Municipal Landfill Superfund Site is a
facility as defined by Section 101(9) of CERCLA 42 USC
sect 9601(9) and an uncontrolled hazardous substance site within
the meaning of the Maine Uncontrolled Sites Law 38 MRSA
sect 1362(3) (1989 amp Supp 1997)
26 The hazardous substances found at the Site as
identified in the Findings of Fact above include hazardous
substance(s) as defined by Section 101(14) of CERCLA 42 USC
sect 9601(14) and the Maine Uncontrolled Sites Law 38 MRSA
sect 1362(1) (1989 amp Supp 1997)
27 Each Respondent is a person as defined by Section
101(21) of CERCLA 42 USC sect 9601(21)
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 23
28 Each Respondent is a liable party within the meaning of
Section 107(a) of CERCLA 42 USC sect 9607(a) and a responsible
party within the meaning of the Maine Uncontrolled Hazardous
Substances Sites Law 38 MRSA sect 1362(2) (1989 amp Supp 1997)
29 The conditions described in the Findings of Fact above
constitute an actual or threatened release of a hazardous
substance from the facility into the environment as defined by
Section 101(8) and (22) of CERCLA 42 USC sect 9601(8) and (22)
30 The conditions present at the Site may constitute a
threat to public health welfare andor the environment based
upon the factors set forth in Section 300415(b)(2) of the
National Contingency Plan 40 CFR sect 300415(b)(2)
31 The actual or threatened release of hazardous
substances from the Site may present an imminent and substantial
endangerment to the public health welfare or the environment
within the meaning of Section 106(a) of CERCLA 42 USC
sect 9606(a) and may constitute threats or hazards posed or
potentially posed by an uncontrolled site within the meaning of
the Maine Uncontrolled Sites Law 38 MRSA sect 1364 (1989 amp
Supp 1997)
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 24
32 In order to protect the public health and welfare and
the environment and prevent the further release or threat of
release of hazardous substances in at or from the Site a
Removal Action is necessary and appropriate The Removal Action
will consist of implementation of this Order and SOW The SOW is
designed to prevent minimize andor mitigate damage to the
public health or welfare or the environment which may otherwise
result from the release or threat of release of hazardous
substances and was developed in accordance with the criteria set
forth at Section 300415 of the NCP 40 CFR sect 300415 The
Removal Action is not inconsistent with the NCP and CERCLA
33 Despite the Non-Performing Respondents agreement to
make payments to be used for performance of the Work and the
Performing Respondents agreement to perform Work under this
Order Respondents do not admit any of the factual or legal
determinations made by EPA and Maine DEP Respondents agreement
to this Order shall not be construed to be an acknowledgment that
the release or threatened release constitutes an imminent and
substantial endangerment to the public health or welfare or the
environment Except as otherwise provided in the Federal Rules
of Evidence and other than in proceedings to enforce i) this
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 25
Order ii) any agreement between and amonc e Performing
Respondent and Non-Performing Respondents regarding the Site or
iii) a judgment relating to this Order or any such agreement
Respondents participation in this settlement shall not be
considered an admission of liability for any purpose and the
fact of such participation shall not be admissible in any
judicial or administrative proceeding
VI ORDER
34 Based upon EPAs and MEDEPs jurisdiction the Findings
of Fact and Determinations set forth above and the
administrative record supporting the Removal Action EPA and the
Maine DEP hereby order and the Parties hereby agree that the
Respondents as required herein shall comply with the provisions
of this Order and SOW and perform all actions required by the
terms and conditions of this Order and SOW
VII REMOVAL WORK TO BE PERFORMED COMPLETION OF WORK
35 Upon the effective date of this Order the City shall
perform the Work detailed in the SOW to perform the Removal
Action and meet the performance standards specified in the Action
Memorandum and the SOW The Parties agree that the SOW is
consistent with the Action Memorandum Notwithstanding any
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 26
determination that EPA may make under Paragraph 70 cpound this Order
that additional response actions are necessary to attain the
performance standards specified in the Action Memorandum
compliance with the Work requirements specified in the SOW shall
constitute compliance with the Citys obligation to perform the
Work required by this Paragraph (Paragraph 35) If the SOW must
be modified to ensure that the City meets the performance
standards specified in the Action Memorandum and the SOW the
City must thereafter complete the Work required by the SOW as
modified As specified in the SOW the Removal Action will
generally consist of (i) excavation of all sediments in the
groundwater seep adjacent to Sandy Brook having an arsenic
concentration above 19 mgkg (ii) the design and construction of
a multi-layer low hydraulic conductivity cap over the landfill
(iii) long-term monitoring of the groundwater surface water and
sediments (iv) Post-Removal Site Control and (v) institutional
controls including deed restrictions andor other controls to
prohibit the future use of the Site in any manner that would
compromise the integrity of the cap and its related systems
36 The City shall conduct as necessary Post-Removal Site
Control at the Site in accordance with the SOW All activities
Administrative Order By Connent for Removal Action Saco Municipal Landfill Superfund Site Page 27
performed by the City shall be conducted in accordance with
CERCLA the NCP applicable guidance documents specified by EPA
in the SOW and the provisions of this Order including any
standards specifications and time schedules contained in the
SOW (as such may be amended) and its attachments
37 Pursuant to the schedule in Attachment A to the SOW
the City shall submit for EPA Approval the Final Demonstration of
Compliance and Completion of Removal Action Report (the Final
Completion of Removal Action Report) The Final Completion of
Removal Action Report shall conform to the requirements specified
in the SOW The Final Completion of Removal Action Report shall
also include the following certification signed by the Citys
Project Coordinator or a responsible City official
On behalf of the City for whom I have the authority to make this certification I certify that to the best of my knowledge after appropriate inquiries of relevant persons involved in the preparation of the Report the information submitted 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
38 If EPA after reasonable opportunity for review and
comment by the State determines that the construction portion of
the Removal Action has been fully performed in accordance with
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superpoundund Site Page 28
this Order (with the exception of continuing obligations required
by this Order including without limitation Post-Removal Site
Control long-term monitoring and record preservation) and that
the performance standards specified in the Action Memorandum and
the SOW have been achieved EPA will provide written notice to
the City If EPA after reasonable opportunity for review and
comment by the State determines that all activities have not
been completed in accordance with the provisions of this Order
it will so notify the City and provide a list of the tasks
remaining and a schedule for their completion Subject to the
Citys right to invoke Dispute Resolution the City shall perform
all remaining tasks and shall submit an amended Final Completion
of Removal Action Report in accordance with the EPA notice
VIII COORDINATION AND COOPERATION WITH OTHER RESPONSE ACTIONS
39 The Parties recognize that (i) the City of Saco is
currently performing an RIFS at the Site (ii) EPA intends
after reasonable opportunity for review and comment by the Maine
DEP to select a final remedial action for the Site following
completion of the RIFS and (iii) the design andor construction
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Superfund Site Page 29
of a future remedial action may be performed concurrently with
the Citys performance of portions of the Removal Action
40 The City shall coordinate and cooperate fully with EPA
the State and any other person conducting future response
actions at the Site under EPA or State supervision The City
shall not interfere with or hinder the performance of future
response actions nor take any actions inconsistent with the
performance of any future response actions Further the City
shall provide such assistance and information as EPA deems
necessary to ensure the smooth transfer of the operation and
maintenance of the landfill systems to EPA and any other person
conducting future response actions at the Site under EPA or State
supervision if such becomes necessary
IX ENSftlt3EMTiTJT 9F THE CITYS CONSULTANT AND CONTRACTOR AND PROJECT COORDINATOR
41 The City has selected a qualified Consultant (the
Consultant) Woodard and Curran Inc to perform engineering
consulting work including cap design required under this Order
Additional technical activities including cap construction will
be performed by a contractor yet to be selected The Consultant
and contractor shall employ key personnel dedicated to the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 30
Removal Action that shall have a minimum of five (5) years of
direct experience in performing response actions at hazardous
waste sites Subcontractors retained by the Consultant or
contractor shall contribute no more than fifty percent (50) of
the total work to be conducted under the agreement between the
City and the Consultant All work performed by said Consultant
and contractor pursuant to this Order shall be unde^ the general
direction and supervision of a qualified individual with
expertise in hazardous waste site cleanup The contractor shall
employ such professional staff and shall contract with
appropriate subcontractors sufficient to perform the Removal
Action prior to engagement by the City
42 The City shall provide written notice to EPA and the
Maine DEP within ten (10) days after engaging a contractor The
notice shall include a copy of the Citys contract with the
contractor a statement of qualifications identification of
project personnel and language dedicating the specific
professional staff for specific hours devoted to the project
The City shall notify EPA and the Maine DEP regarding the
identity and qualifications of all subcontractors as soon as each
subcontractor is engaged or at least fourteen (14) days prior to
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Superfund Site Page 31
the subcontractors commencement of Site Work whichever occurs
first Notice by the Citys contractor or subcontractor shall be
deemed notice by the City EPA after reasonable opportunity for
review and comment by the Maine DEP shall have the right
subject to the Citys right to invoke Dispute Resolution to
disapprove based on professional qualifications conflicts of
interest andor deficiencies in previous similar work the
Consultant and any contractor or subcontractor or other person
engaged directly or indirectly by the City to conduct the Work
under this Order The City shall not be deemed in violation of
this Order because the Work has been performed by a contractor or
subcontractor or other person engaged directly or indirectly by
the City to conduct the Work under this Order which is
subsequently disapproved by EPA
43 Within fourteen (14) days after the effective date of
this Order the City shall designate a Project Coordinator who
shall be responsible for the administration of all actions called
for by this Order and shall submit the Coordinators name
address and telephone number to EPA and the ^aine DEP Any
subsequent change in the Citys Project Coordinator shall be
accomplished to the extent possible by notifying EPA and the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 32
Maine DEP in writing at least fourteen (14) days prior to the
change The Citys Project Coordinator shall be subject to
disapproval by EPA and shall have the technical expertise
sufficient to adequately oversee all aspects of the work required
under this Order
X DESIGNATION OF GOVERfffMHSITT COORDINATORS
44 EPA will designate a Remedial Project Manager (WRPM)
for administration of its responsibilities for oversight of the
day-to-day activities conducted under the Order and for receipt
of all written matter including deliverables required by the
Order The Maine DEP may designate a Maine DEP Project Manager
for the administration of its responsibilities for oversight of
the day-to-day activities conducted under the Order and for
receipt of all written matter including deliverables submitted
to the Maine DEP as required by this Order In addition EPA
will designate a Geographic Section Chief (GSC) who shall have
ultimate responsibility for the approvaldisapproval findings and
comments on Deliverables pursuant to Section XIV of this Order
EPA will submit the name address and telephone number of the
RPM and GSC to the City and the Maine DEP within fourteen (14)
days after the effective date of this Order EPA shall notify
Administrative Order By Consent for Removal Action Saco Municipal Landfill Suparfund Site Page 33
the City and the Maine DEP in writing of any subsequent changes
in the RPM or GSC
45 The RPM shall have the authority vested in the On-Scene
Coordinator and the Remedial Project Manager by the National
Contingency Plan as amended 40 CFR Part 300 This includes
the authority to halt conduct or direct any tasks required by
this Order andor any response action or portions thereof when
conditions may present an imminent and substantial endangerment
to public health or welfare or the environment The absence of
the EPA RPM from the Site shall not be cause for the City to halt
actions at the Site unless specifically directed by the RPM
XI PLACE AND MANNER OF NOTICE
46 Communications between the City and EPA andor the
Maine DEP and all documents including reports approvals
disapprovals written notice and other correspondence concerning
the activities performed pursuant to the terms and conditions of
this Order shall be directed through the Citys Project
Coordinator the EPA RPM and the Maine DEP Project Manager For
each Deliverable provided to EPA one (I) camera ready (unbound)
original shall be submitted along with such additional copies as
are required by the RPM Additionally two (2) copies shall be
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 34
submitted to the Maine DEP Project Manager along with such
additional copies as the Maine DEP Project Manager may request
All such documents submitted pursuant to this Order shall be sent
by certified mail return receipt requested or by overnight
delivery service or by courier to the EPA RPM and the Maine DEP
Project Manager at the following addresses or to such other
addresses as EPA or the State hereafter may designate in writing
Mary Jane ODonnell Chief MEVTCT Superfund Section US Environmental Protection Agency Office of Site Remediation and Restoration - HBT JFK Federal Building Boston MA 02203
Wilkes Harper Maine DEP Bureau of Remediation and Waste Management 17 State House Station Augusta ME 04333-0017
XII OBSERVATION OF THE CITYS ACTIVITIES
47 The City shall allow the EPA RPM EPA and State
employees (including but not limited to the Maine DEPs Project
Manager) agents consultants contractors and authorized
representatives to observe the Citys Work at the Site in
implementing the Removal Action activities pursuant to this
Order All activities under this Order shall comply with the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 35
provisions for respmdash pe action worker safety and health in
29 CFR sect 1910120 EPA and Maine DEP will provide reasonable
notice to the City prior to such observation to the extent
practicable The City shall permit such persons (i) to inspect
and copy all non-privileged records documents files or other
writings that relate in any way to the work at the Site and that
would be available to EPA pursuant to its authority under Section
104(e)(2) of CERCLA (ii) to record all field activities by means
of photographic or other recording equipment (iii) to enter and
to freely move about all property on or about the Site during
field activities and at all other reasonable times (iv) to
conduct such tests as EPA may deem necessary (the results of
which shall be available to the Respondents and (v) to verify
the data submitted to EPA by the City The City shall not assert
privileges with respect to technical data regarding the Site
collected pursuant to any requirement of the RIFS Administrative
Order by Consent this Order or any other EPA or Maine DEP
request
XIII NECESSITY OF FORMAL APPROVAL
48 No informal advice guidance suggestions or comments
whether written or oral by EPA or the Maine DEP regarding
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 36
Deliverables or regarding any orv er written or oral information
submitted by the City to EPA (including any information the City
provides to EPA before during or after meetings) shall be
construed as relieving the City of its obligations to obtain such
formal reviews as may be required by this Order and SOW
XIV DELIVERABLES SUBMITTED TO EPA AND THE MAINE PEP
49 For Deliverables which require EPA Approval as
specified in this Order or the SOW the City shall comply with
the procedures set forth in subsection XIVA below For
Deliverables which require Performing Respondents Certification
as specified in the SOW the City shall comply with the
procedures set forth in subsection XIVB below
50 All Deliverables submitted to EPA and the Maine DEP
shall be delivered to EPA and the Maine DEP in accordance with
the schedule set forth in the SOW or otherwise established under
this Order or as modified in accordance with Section XXXXI All
Deliverables which have not received an Approval or Approval with
Conditions pursuant to subsection XIVA below or which require
the Citys Certification pursuant to subsection XIVB below
shall include the following disclaimer in a prominent location in
the document Disclaimer This document has been prepared by
Administrative Order By Concent for Removal Action Saco Municipal Landfill Superfund Site Page 37
the City pursuant to a government administrative order and has
not received final acceptance from the US Environmental
Protection Agency The opinions findings and conclusions
expressed are those of the authors and not those of the US
Environmental Protection Agency or Maine Department of
Environmental Protection In addition any such Deliverable
which requires EPA Approval pursuant to subsection XIVA below
and which has not received final approval from EPA shall be
marked DRAFT on each page
51 Any Deliverable required by this Order or SOW shall be
incorporated in and become an enforceable part of this Order
upon EPA Approval pursuant to subsection XIVA or upon the
Performing Respondents Certification pursuant to subsection
XIVB whichever applies Delay or noncompliance with such
Deliverables shall be considered delay or noncompliance with
requirements of this Order and the provisions of Section XXX
(Stipulated Penalties) shall apply
A Deliverables Requiring EPA Approval
52 EPA will review each Deliverable which requires EPA
Approval as specified in this Order or Attachment A of the SOW to
determine after reasonable opportunity for review and comment by
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 38
the Maine DEP whether it is consistent wi^b the requirement-^ of
the SOW and the Order and may respond to the City with one or
more of the following findings
a Approval -- means that the City shall proceed with the
next scheduled activity consistent this Order
(including the approved Deliverable)
b Approval with Conditions -- means that the City shall
proceed with the next scheduled activity subject to
certain required modifications or conditions set forth
in the EPA comments In its response EPA will specify
a schedule for resubmitting the Deliverable with the
required modifications or conditions as set forth in
the EPA comments and EPA will specify in writing the
required modifications or conditions If the City
fails to resubmit the Deliverable within the specified
time EPA may order the City to cease work on the
activity or any portion of it until such time as the
modification is made or the condition is met
c Disapproval with Modification Required -- means that
the City shall not proceed until it modifies the
Deliverable to correct the deficiencies delineated in
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 39
EPAs corr(ccergtsl and resubmits the Deliverable for
further EPA review Modifications may be required in
any originally-submitted Deliverable any portions of a
Deliverable or any Deliverable or portion of a
Deliverable resubmitted to EPA EPA will specify a
schedule for resubmitting any Deliverable requiring
modifications
d Disapproval with EPA Modification mdash means that EPA has
determined that it will modify the submission to cure
any deficiencies in the Deliverable andor undertake
the Work or any portion of it itself EPA will include
a brief explanation for its determination within the
Notice of Disapproval with EPA modification The City
agrees to reimburse EPA for the costs of such
modification or such Work undertaken by EPA as
Extraordinary Response Costs pursuant to and subject to
Paragraph 82 of this Order However EPA shall not
modify a submission without first providing the City at
least one notice of deficiency and an opportunity to
cure within seven (7) days of receipt of such notice
except where to do so would cause serious disruption to
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 40
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
53 Any disapproval of a Deliverable will give rise to
stipulated penalties as set out in this Order- stipulated
penalties shall accrue from the time the disapproved Deliverable
was originally due Stipulated penalties shall not be payable
however for Deliverables Disapproved with Modification Required
unless disapproval of a first resubmission is due to a material
defect In the case of Deliverables Disapproved with EPA
Modification pursuant to Paragraph 52d stipulated penalties
shall not continue to accrue after 30 days after the Deliverable
is disapproved except if the City disputes the disapproval in
which case stipulated penalties shall run in accordance with
Section XXX of this Order In the event of a disagreement over
EPAs determination concerning a Deliverable the parties shall
resolve the disagreement in accordance with the Dispute
Resolution Section (Section XXIX) of this Order A determination
of Approval or Approval with Conditions shall not be construed to
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 41
mean that EPA concurs with all conclusions methods or
statements in the Deliverables
B Deliverables Requiring Performing Respondents Certification
54 Each Deliverable requiring the Performing Respondents
Certification as specified in Attachment A of the SOW shall be
certified by the City as provided below Upon submittal to EPA
and the Maine DEP the City shall proceed with the next scheduled
activity consistent with each such Deliverable without further
notification or approval by EPA Each such Deliverable shall
include the following certification signed by the Citys Project
Coordinator
On behalf of the City for whom I have the authority to make this certification I certify to the best of my knowledge and professional judgment after appropriate inquiries of relevant persons involved in the preparation of this Deliverable that the guidance documents specified in the SOW which apply to this Deliverable were reviewed in preparation of this Deliverable I further certify that to the best of my knowledge and professional judgment this Deliverable is in accordance with the SOW and the guidance documents specified therein which apply to this Deliverable I am aware that the City may be subject to stipulated penalties for submitting a Deliverable that is not in conformance with the SOW and the guidance documents specified therein which apply to this Deliverable
55 EPA at its discretion may provide comments to the
City concerning any Deliverable requiring the Performing
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Suparfund Site Page 42
Respondents Certification and after reasonable opportunity for
review and comment by the State may disapprove the Deliverable
and notify the City of deficiencies in writing Upon receipt of
a notice of disapproval with deficiencies the City shall suspend
performance of all action required by the Deliverable and shall
correct the deficiencies and resubmit the Deliverable within
thirty (30) days or such other time period specified by EPA in
the notice of disapproval Notwithstanding a notice of
disapproval the City shall proceed to take any action required
by any non-deficient portion of the Deliverable If EPA
disapproves the Deliverable as resubmitted the City shall be in
violation of the Order and the provisions of Section XXX
(Stipulated Penalties) shall apply
XV MONTHLY PROGRESS REPORTS AND MEETINGS
56 The City shall provide monthly written progress reports
(Progress Reports) to EPA and the Maine DEP as specified in
the SOW Meetings between the RPM the Maine DEP the RPC and
the Consultant may be held at least once per month at the EPA
office in Boston unless EPA designates another location or
determines that a monthly meeting is not required for a
particular month The City id the Consultant and contractor
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 43
engaged to perform the Work under this Order shall also meet with
and make formal presentations to EPA at the completion of major
components of the Removal Action as specified by the EPA RPM
After completion of all construction activities the City may
upon EPA approval reduce the frequency of submission of the
monthly Progress Reports
57 The City shall submit in its monthly progress reports a
summary of results of sampling andor tests and other data
generated by the City by its Consultant and contractor or on
the Citys behalf in the course of implementation of the Order
The City shall furnish the full results and any underlying
documentation to EPA upon request
XVI QUALITY ASSURANCEQUALITY CONTROL
HEALTH AND SAFETY COMPLIANCE
58 While conducting sample collection sample analysis
and construction activities required by this Order the City
shall use quality assurance quality control and chain of
custody procedures in accordance with EPAs Interim Guidelines
and Specifications for Preparing Quality Assurance Project Plan
(December 1980 QAMS-00580) Data Quality Objective Guidance
(EPA540G87003 and 004) subsequent amendments to such
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 44
guidelines the Quality Assurance Project Plan (QAPP) approved
under the RIFS Order and additional quality assurance
procedures for construction activities required in the SOW
59 The City shall prepare a Health and Safety Plan as
required and described in the SOW The Health and Safety Plan
shall be consistent with and implement standards promulgated by
the Secretary of Labor pursuant to CERCLA and Section 6 of the
Occupational Safety and Health Act of 1970
XVII SPLIT SAMPLING
60 At the request of EPA or the Maine DEP the City shall
provide split or duplicate samples to EPA and the Maine DEP or
their authorized representatives of any samples collected by the
City pursuant to the implementation of this Order Similarly
the City shall allow such split or duplicate samples to be taken
by EPA the Maine DEP andor their authorized representatives
The City shall notify EPA and the Maine DEP not less than thirty
(30) days or such lesser time as approved by the EPA RPM in
advance of any sample collection activity Not less than twenty-
one (21) days in advance of sample collection or such lesser
time as approved by the RPM the City shall notify EPA and the
Maine DEP of the sampling date sampling media and the number of
Administrative Order By Convent for Removal Action Saco Hunicipal Landfill Superfund Site Page 45
samples from each media EPA and the Maine DEP shall conduct any
sampling activities in a reasonable manner Upon request EPA
and the Maine DEP shall allow the City to take split or duplicate
samples of any samples they collect as part of their oversight of
the Citys implementation of the Work
XVIII RECORD PRESERVATION
61 During the pendency of this Order and for a period of
not less than six (6) years after EPA approval of the Final
Completion of Removal Action Report the Respondents shall
preserve all records and documents in their possession which
relate in any way to the performance of activities required under
this Order notwithstanding any document retention policy to the
contrary provided that this Paragraph shall not apply to copies
of documents that are generated by the City EPA or the State of
Maine related to this Order that are in the custody of any Non-
Performing Respondent This Paragraph does not alter the
document retention requirements of the RIFS Order and the Cost
Recovery Administrative Agreement The City shall instruct its
consultants contractors and agents to preserve all records and
documents in their possession which relate to the performance of
the activities required under this Order At the conclusion of
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 46
this document retention period the Respondents shall notify JlPA
and the Maine DEP at least ninety (90) days prior to the
destruction of any such records or documents The Respondents
shall send such notice accompanied by a copy of this Order to
Office of Regional Counsel US Environmental Protection Agency JFK Federal Building Boston MA 02203 Attention Saco Municipal Landfill Superfund Site Re Administrative Order by Consent for Removal Action
and Wilkes Harper Maine DEP Bureau of Remediation and Waste Management 17 State House Station Augusta ME 04333-0017
Upon request by EPA the Respondents shall deliver to EPA any or
all such non-privileged records and documents or copies of any
such non-privileged records and documents The Settling Parties
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 Parties
assert such a privilege they shall provide the EPA with the
following (l) the title of the document record or
information (2) the date of the document record or
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 47
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 Parties However no documents reports or other
information created or generated to meet the requirements of the
Order shall be withheld on the grounds that they are privileged
If EPA does not elect to take delivery of any records or
documents or copies thereof upon request by the Maine DEP the
Respondents shall deliver the requested records and documents or
copies thereof to the Maine DEP If neither EPA nor the Maine
DEP elect to take delivery of any records documents or copies
within 90 days of notice to EPA and the Maine DEP the
Respondents may destroy such records or documents as noticed
XIX CONFIDENTIALITY CLAIMS
62 The City may assert a confidentiality claim if
appropriate covering all or part of the information requested by
this Order pursuant to 40 CFR sect 2203(b) Such an assertion
shall be adequately substantiated when it is made Neither
analytical data nor any information specified in Section
104(e)(7)(F) of CERCLA shall be claimed as confidential by the
Administrative Order By Consent for Removal Action Sm -o Municipal Landfill Suprfund Site Page 48
City Information in EPAs custody which is determined to be
confidential by EPA shall be afforded the protection specified by
40 CFR Part 2 Subpart B and Section 104(e)(7) of CERCLA
Information in MEDEPs custody which is determined to be
confidential by EPA shall be afforded the protection specified by
40 CFR Part 2 Subpart B to the extent provided by applicable
Maine law If no such claim accompanies the information when it
is submitted to EPA and the Maine DEP it may be made available
to the public by EPA and the Maine DEP without further notice to
the City
XX SITE ACCESS
63 The City shall grant access to the Site to EPA and the
Maine DEP and their officers employees agents contractors
consultants and other authorized representatives for purposes of
implementing and monitoring work to be performed urder this
Order during field activities and at all other reasonable times
64 To the extent access to use or ownership of or
easements over property other than the Site is required for the
proper and complete implementation of this Order the City shall
use i_3 best efforts to obtain site access agreements or other
interests in such property within ninety (90) days after the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 49
Orders effective date or within forty-five (45) days of when
EPA and the Maine DEP determine that such access or other
interests become necessary if EPA and Maine DEP first determine
that such access or other interests are necessary after the
effective date of this Order For purposes of this Paragraph
best efforts include but are not limited to providing
reasonable consideration in exchange for access to or other
interests in property
65 Such written access agreements or other interests
obtained pursuant to the preceding Paragraph shall at a minimum
allow the Citys authorized representatives and EPA and the
Maine DEP and their officers employees agents contractors
consultants and other authorized representatives to enter freely
and move about the property during field activities and at all
other reasonable times in order to implement and oversee the
implementation of the Work under this Order consistent with the
other provisions of this Order In the event that the City fails
to obtain any necessary access agreements or other interests
within the time period specified above the City shall notify EPA
and the Maine DEP in writing within five (5) days thereafter
Such notification shall include a description of the efforts made
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 50
by the City to obtain the necessary access and other interests
and the reason for its lack of success The City shall reimburse
EPA for the costs of any action necessary to obtain access as
Extraordinary Response Costs pursuant to and subject to the terms
of Paragraph 82
XXI ENDANGERMENT AND EMERGENCY RESPONSE
66 Upon the occurrence of any event or change of
conditions during implementation of this Order that causes or
threatens any release of hazardous substances pollutants or
contaminants from the Site that endangers the public health
welfare or the environment the City shall immediately take all
appropriate action to prevent abate or minimize such release or
endangerment The City shall also orally notify the EPA and
Maine DEP RPMs within twenty-four (24) hours or in the event of
the EPA RPMs unavailability shall notify within the same period
the Regional Duty Officer of the Emergency Planning and Response
Branch EPA Region I telephone (617) 223-7265 The City shall
act in accordance with all applicable provisions of the Health
and Safety Plan prepared pursuant to the Statement of Work
67 The City shall submit a written report to EPA and the
Maine DEP within seven (7) days after each such event setting
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 51
forth (i) the events that have occurred (ii) the measures caken
and to be taken to mitigate any harm caused or threatened by the
event and (iii) the measures taken and to be taken to prevent
the recurrence of such an event
68 Regardless of whether or not such a report is made to
EPA if EPA determines after reasonable opportunity for review
and comment by the Maine DEP to the extent time permits that
activities in compliance or noncompliance with this Order have
caused or may cause a release of a hazardous substance pollutant
or contaminant that endangers the public health or welfare or the
environment EPA may (i) order the City to stop further
implementation of this Order for such period of time as may be
needed to abate such release or threat (ii) instruct the City to
undertake any action which EPA determines is necessary to abate
such a release or threat andor (iii) undertake any action not
inconsistent with the NCP which EPA determines is necessary to
abate such a release or threat
69 In the event that EPA takes action at the Site to remedy
such a release threat of release or endangerment the City
shall reimburse EPA for the costs of such action not inconsistent
with the NCP as Extraordinary Response Costs pursuant to and
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 52
subject to the terms of Paragraph 82 In the event of a
disagreement between the City and EPA andor the Maine DEP under
this Paragraph the parties shall resolve such dispute in
accordance with the Dispute Resolution provisions in Section
XXIX
XXII ADDITIONAL RESPONSE ACTIONS
70 EPA after reasonable opportunity for review and
comment by the Maine DEP may determine that additional response
actions are necessary to carry out the Removal Action or to meet
the performance standards specified in the Action Memorandum and
the SOW Within 30 days of the Citys receipt of notice from EPA
that additional response actions are necessary (or such longer
time as may be specified by EPA) the City shall submit for EPA
approval after reasonable opportunity for review and comment by
the Maine DEP a work plan for the additional response actions
The plan shall conform to this Order the SOW CERCLA the NCP
and guidance documents identified by EPA Upon EPA approval of
the work plan pursuant to Section XIV (Deliverables Submitted to
EPA) the City shall implement the work plan for additional
response actions in accordance with the schedule contained
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 53
therein All applicable provisions of this Order shall apply to
the performance of additional response actions
71 The City may independently propose that additional
response actions are necessary to carry out the Removal Action or
to meet the performance standards specified in the Action
Memorandum and the SOW In the event EPA after reasonable
opportunity for review and comment by the Maine DEP accepts the
Citys proposal the procedures in the preceding Paragraph shall
govern
72 The City may invoke the procedures set forth in Section
XXIX (Dispute Resolution) to dispute EPAs determination that
additional response actions are necessary to carry out the
Removal Action or to meet the performance standards specified in
the SOW
XXIII OFF-SITE POLICY
73 All hazardous substances pollutants or contaminants
removed off-site pursuant to this Order for treatment storage
or disposal shall be treated stored or disposed of at a
facility in compliance with Section 121(d)(3) of CERCLA as
determined by EPA in accordance with 40 CFR sect 300440 The
removal treatment storage and disposal of all hazardous
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 54
substances pollutants or contaminants she- be in accordancj
with the Maine hazardous waste transportation law to the extent
applicable and all other applicable Maine law
74 The City shall prior to any off-site shipment of
hazardous substances pollutants or contaminants from the Site
pursuant to this Order to an out-of-state waste management
facility provide written notification of such shipment to the
appropriate state environmental official in the receiving
facilitys state and to the EPA RPM and the Maine DEP 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 or where the Maine Hazardous Waste
Management Regulations do not require notification
75 The City shall include in the written notification the
following information (1) the name and location of the facility
to which the hazardous substances pollutants or contaminants
are to be shipped (2) the type and quantity of the hazardous
substances pollutants or contaminants to be shipped (3) the
expected schedule for the shipment and (4) the method of
transportation The City shall notify the state in which the
planned receiving facility is locat d of major changes in the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 55
shipment plan such as a decision to ship the hazardous
substances pollutants or contaminants to another facility within
the same state or to a facility in another state
XXIV OTHER APPLICABLE LAWS
76 Except as otherwise provided pursuant to the next
Paragraph and Section 121(e) of CERCLA all activities undertaken
by the City pursuant to this Order shall be performed in
accordance with the requirements of all applicable federal and
state laws and regulations
77 Solely with regard to on-site activities and in
accordance with 40 CFR sect 300415(i) such activities
undertaken on the Site by the City pursuant to this Order shall
attain applicable or relevant and appropriate requirements
(ARARs) under federal and state environmental laws to the
extent practicable considering the exigencies of the situation
as determined by EPA EPA has determined that the ARARs
specified in the Action Memorandum are practicable to attain for
construction of the landfill cap and sediment removal
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 56
XXV COMMUNITY RELATIONS
78 EPA shall be responsible for preparing a Community
Relations Plan and conducting a community relations program The
City and the Consultant engaged to conduct the Removal Action
under this Order shall consistent with the Community Relations
Plan (i) attend and participate in public meetings regarding
the Site to the extent specified by the RPM (ii) prepare fact
sheets concerning the Site and activities conducted under this
Order for submission to the RPM and (iii) provide timely and
appropriate responses to inquiries from the public at the request
of the RPM
XXVI FINANCIAL ASSURANCE INSURANCE
79 Within thirty (30) days after the effective date of
this Order and annually thereafter until EPA approval of the
Final Completion of Removal Action Report the City shall
demonstrate in writing to EPA that it meets one (1) of the
financial assurance mechanisms specified in 40 CFR sect 264143
for the estimated $60 million cost of work to be performed by
the City under this Order If the City can show that the
estimated cost to complete the remaining Work has diminished
below the total estimated cost of the Work the City may on any
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 57
anniversary date of the effective date of this Order or at any
other time agreed to by the Parties reduce the amount of the
financial assurance provided under this Section to the estimated
cost of the remaining Work to be performed The City shall
submit a proposal for such reduction to EPA and the Maine DEP in
accordance with the requirements of this Section and may reduce
the amount of the assurance upon approval by EPA after reasonable
opportunity for review and comment by the Maine DEP In the
event of a dispute the City may reduce the amount of the
assurance in accordance with the final administrative decision
resolving the dispute under the Dispute Resolution Section
80 At least seven (7) days prior to commencing any on-site
work under this Order the City shall secure through itself or
its consultant and shall maintain for the duration of this
Order comprehensive general liability and automobile insurance
with limits of two (2) million dollars combined single limit
The United States and the Maine DEP shall each be named as an
additional insured for all such insurance policies except
automobile insurance policies Within the same time period the
City shall provide EPA and the Maine DEP with certificates of
such insurance and a copy of each insurance policy If the City
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 58
demonstrates to EPA that any Consultant contractor or
subcontractor maintains insurance equivalent to that described
above or insurance covering the same risks but in a lesser amount
and with EPA and the Maine DEP named as insureds then the City
need provide only that portion of the insurance described above
which is not maintained by the Consultant contractor or
subcontractor
81 For the duration of this Order the City shall satisfy
or shall ensure that its Consultant contractors and
subcontractors satisfy all applicable laws and regulations
regarding workers compensation insurance for all persons
performing the Work on behalf of the City in furtherance of this
Order
XXVII REIMBURSEMENT OF EPA EXTRAORDINARY RESPONSE COSTS
82 The City shall reimburse the Hazardous Substances
Superfund for all Extraordinary Response Costs not inconsistent
with the NCP including interest incurred after the effective
date of this Order by the United States in connection with the
Removal Action or the implementation of this Order pursuant to
Paragraphs 52d 65 69 102 and 104 including without
limitation Extraordinary Response Costs incurred by EPA under or
Administrative Order By Connent for Removal Action Saco Municipal Landfill Superfund Site Page 59
in connection with a contract or arrangement between EPA and a
qualified person to assist EPA in conducting activities required
under this Order pursuant to Paragraphs 52d 65 69 102 and
104 Reimbursable Extraordinary Response Costs shall include all
direct costs related to Paragraphs 52d 65 69 102 and 104 and
all indirect costs related to Paragraphs 52d 65 69 102 and
104 calculated in accordance with EPA policy or EPA regulations
in effect at the time that the costs are incurred including
without limitation time and travel costs of EPA personnel
contractor costs costs under a cooperative agreement costs
related to resolving disputes which arise under this Order
related to Work performed by EPA pursuant to Paragraphs 52d 65
69 102 and 104 enforcing obligations arising from EPAs
performance of Work pursuant to Paragraphs 52d 65 69 102 and
104 of this Order the costs of doing andor redoing any of the
Citys obligations under this Order with respect to Paragraphs
52d 65 69 and 102 of this Order EPA contractor and
cooperative agreement costs related to access and community
relations with respect to Paragraphs 52d 65 69 102 and 104
of this Order and any interest that accrues from the date on
which payment becomes due pursuant to the next Paragraph
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 60
83 On an annual basis EPA will submit to the City an
accounting of costs related to this Order that EPA has incurred
and a bill for Extraordinary Response Costs incurred by EPA with
respect to Paragraphs 52d 65 69 102 and 104 of this Order if
EPA has incurred any such costs This bill will consist of a
line-item summary of costs incurred during the preceding year
the summary will include a breakdown of costs by category
including without limitation payroll travel indirect costs and
contracts and a brief narrative of work related to such costs
(generally one to two paragraphs in length) The City shall
within thirty (30) days after receipt of each such bill remit a
certified check payable to the Hazardous Substances Superfund for
the amount of such bill The City shall include the name of the
Site the Site identification number (01-B9) and the docket
number for this Order on the check and mail the check with a
cover letter to
US Environmental Protection Agency Region I
Attn Superfund Accounting PO Box 360197 M
Pittsburgh PA 15251
A copy of the transmittal letter and the check shall be provided
simultaneously to the EPA Remedial Project Manager
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 61
84 If the City disputes a bill or any portion of a bio1
submitted by EPA the City may initiate dispute resolution
pursuant to the procedures of Section XXIX provided however
that the City notify EPA in writing within thirty (30) days after
receipt of the disputed bill and that the City pay all undisputed
portions of the bill in accordance with the provisions of this
Reimbursement Section Unless a determination is made under
dispute resolution that the City is not obligated to pay the
disputed portion of the bill the time for payment of the
disputed portion shall remain the original payment due date
interest shall accrue on any unpaid portion of the bill from the
original payment due date and EPA may seek stipulated penalties
or otherwise act to enforce the Citys compliance with this
Section and the Order If the City fails to raise a dispute
within thirty (30) days of its receipt of the bill the City
remains obligated for payment of the entire amount of the bill on
the original payment due date interest shall accrue on any
unpaid portion of the bill from the original payment due date
and EPA may seek stipulated penalties or otherwise act to enforce
the Citys compliance with this Section and the Order
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 62
XXVIII FORCE MAJEPRE
85 With respect to the Citys compliance with any deadline
for performance of activities under this Order any interim or
final time deadline or any Deliverables schedule set forth in
this Order or SOW no stipulated penalties or other sanctions
will be imposed for delay directly caused by the following events
which could not have been overcome by the Citys due diligence
(i) an act of God or (ii) the public review and comment process
as described in or required by Sections XXII (Additional Response
Actions) or Section XXV (Community Relations) of this Order so
long as the City timely submits all deliverables and meets other
requirements related to those Sections or (iii) any other event
arising from causes beyond the control of the ity including its
consultants contractors and agents However increases in the
cost of performance of the Removal Action shall not excuse
compliance or affect the applicability of the penalty provisions
or other sanctions which are provided for under this Order
Deadlines for performance of activities under this Order
including interim or final time deadlines and Deliverables
schedules set forth in this Order or SOW may be extended only to
the extent that delays caused by conditions specified in (i)
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 63
(ii) and (iii) above materially interfered with or prevented the
Citys execution of its responsibilities during the period of
such delay and no penalties or sanctions will become due for
activities which meet any deadline so extended The City further
agrees to use its most diligent efforts to minimize any delay
which may result The City acknowledges that it will have the
burden of justifying the rationale for delay in performance under
this Section
86 The City shall orally notify the EPA RPM and the Maine
DEP within forty-eight (48) hours of when the City first knew
that the event might cause a delay and shall identify with
specificity the cause of such delay and the estimated duration of
such delay Within seven (7) days after the City first becomes
aware that such event might cause a delay the City shall supply
to EPA and the Maine DEP in writing an explanation of the
cause(s) of any actual or expected delay or noncompliance the
anticipated duration of any delay the measures taken and to be
taken by the City to prevent or minimize the delay or correct the
noncompliance and the timetable for implementation of such
measures Failure to notify EPA and the Maine DEP shall result
in a waiver of the Citys right to assert that the delay should
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 64
be excused under the terms of this Section for the period of time
of such failure to notify and for any additional delay caused by
such failure The City shall be deemed to know of any
circumstance of which the City any entity controlled by the
City or the Citys contractors or subcontractors knew or should
have known In the event of a disagreement under this Section
the parties shall resolve such disagreement in accordance with
the Dispute Resolution Section of this Order Section XXIX
87 If EPA after reasonable opportunity for review and
comment by the Maine DEP determines that a delay in performance
of a requirement under this Order is or was attributable to an
event specified in (i) through (iii) of Paragraph 85 above the
time period for performance of that requirement shall be extended
by EPA to the extent necessary Such an extension shall not
alter the Citys obligation to perform or complete other tasks
required by the Order which are not directly affected by the
force majeure event If EPA after a reasonable opportunity for
review and comment by the Maine DEP does not agree that the
delay or anticipated delay has been or will be caused by such
an event EPA will notify the City in writing of its decision
If EPA after a reasonable opportunity for review and comments by
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 65
the Maine DEP agrees that the delay is attributable to such an
event EPA will notify the City in writing of the length of the
extension if any for performance of the obligations affected by
the event
XXIX DISPUTE RESOLUTION
88 If the City objects to any EPA notice of disapproval or
decision made pursuant to this Order including any decision
which has resulted in the assessn it of stipulated penalties any
scheduling matter or in the event of circumstances that arise
that are subject to the Citys right to invoke Dispute Resolution
elsewhere in this Order or in the Cost Recovery Administrative
Agreement the City shall notify EPA and the Maine DEP in writing
of its objections within five (5) days of receipt of the notice
decision or other circumstance EPA in consultation with the
Maine DEP and the City shall communicate on the disputed matter
and shall have fourteen (14) days from the receipt by EPA and the
Maine DEP of the notification of objection to reach agreement
If agreement cannot be reached on any issue within this fourteen
(14) day period the City shall have five (5) additional days to
submit its position in writing to the EPA Director of OSRR The
Director of OSRR after reasonable opportunity for review and
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 66
comment by the Maine DEP shall provide a written determination
to the City within five (5) days of receipt of that
determination unless EPA agrees to a later time the City shall
initiate implementation of the activities required by the EPA in
accordance with the schedule provided by EPA which schedule
shall be subject to Dispute Resolution unless it has already
been or could have been subject to Dispute Resolution Except
as specifically provided herein dispute resolution among the
parties shall not be cause for the delay of the Work In
addition stipulated penalties as set out below if applicable
will continue to accrue during the dispute resolution period
except as provided in Paragraphs 94 and 95 No EPA decision made
pursuant to this Paragraph shall constitute a final Agency action
giving rise to judicial review
89 In the event that the City does not implement the
activities required by the EPA determination pursuant to
Paragraph 88 EPA or the Maine DEP may take such enforcement
actions against the City as may be provided by statutory or
equitable authorities including but not limited to the
assessment of such civil penalties or damages as are authorized
by Sections 122 and 109 of CERCLA and Maine law
Administrative Order By Conaent for Removal Action Saco Municipal Landfill Superpoundund Site Page 67
XXX STIPULATED
90 The Respondents shall be liable to EPA and MEDEP for
stipulated penalties in the amounts set forth in this Section for
failure to comply with the requirements of this Order andor the
SOW unless compliance is excused by EPA under Section XXVIII
(Force Majeure) Compliance by the City shall include but not
be limited to the timely and adequate submission of Deliverables
and performance of activities under this Order in accordance with
all applicable requirements of law this Order the SOW and any
Deliverables which have received EPA Approval or the Performing
Respondents Certification pursuant to this Order Compliance
by the Non- Per forming Respondents shall mean timely compliance
with Paragraph 96 of this Order
91 The following stipulated penalties shall be payable per
violation per day to EPA and MEDEP jointly in accordance with
Paragraph 94 for any noncompliance except those identified in
Paragraphs 92 or 93
Penalty Pet Violation Period of Noncompliance Per Day _
$ 750 1st through 14th day $ 1500 15th through 30th day $ 3000 31st day and beyond
Administrative Order By Concent for Removal Action Saco Municipal Landfill Superfund Site Page 66
92 The following stipulated penalties shall be payable per
violation per day to EPA and the MEDEP jointly in accordance with
Paragraph 94 for the submission or resubmission of an untimely or
substantially defective 100 NTCRA Design or an untimely or
substantially defective Final Completion of Removal Action Report
pursuant to the SOW
Penalty Per Violation Period of Toncompliance Per Day
$ 1500 1st through 14th days $ 3000 15th day through 30th day $ 5000 31st day and beyond
93 In the event that the City fails to submit timely or
adequate progress reports or meeting letter reports pursuant to
the SOW the City shall be liable to EPA and MEDEP jointly in
accordance with Paragraph 94 for stipulated penalties of $500
(five hundred dollars) per violation per day
94 Penalties shall begin to accrue on the day after
performance 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 except that
stipulated penalties shall not accrue (1) with respect to any
Disapproval with Modification Required or Disapproval with EPA
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 69
Modification under Section XIV of this Order during the period
if any beginning on the 31st day after EPAs receipt of such
submission until the date that EPA notifies the City of any
deficiency (2) with respect to a decision by the Director of the
Office of Site Remediation and Restoration under Section XXIX of
this Order during the period if any beginning on the 21st day
after the date the Citys reply to EPAs Statement of Position is
due until the date the Director issues a final decision regarding
such dispute and (3) beyond thirty days after the Director of
the Office of Site Remediation and Restoration issues a final
decision regarding a dispute about a Deliverable Disapproved with
EPA Modification pursuant to Paragraph 52d Any penalty
otherwise accruing under Paragraphs 91 92 or 93 shall be due and
payable within thirty (30) days of the receipt of a written
demand by EPA or the Maine DEP except as provided in aragraph
95 In assessing stipulated penalties for delay caused by a
negative referendum vote on future funding necessary for timely
compliance with this Order EPA and Maine DEP shall weigh all
considerations including the length of the delay caused by the
vote and efforts by City officials to inform the voters about
the need for funding- provided however that a negative
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 70
referendum vote on funding necessary for timely compliance with
this Order shall not affect the Citys obligations to comply with
this Order or any schedule contained herein Stipulated
penalties shall be divided between EPA and the Maine DEP in the
following manner 75 for EPA and 25 for the Maine DEP
Payment of EPAs portion of such penalty shall be made by
certified check payable to the Hazardous Substances Superfund
and mailed to the following address with a notation of the docket
number of this Order
Region I US Environmental Protection Agency
Attn Superfund Accounting PO Box 360197 M
Pittsburgh PA 15251
A copy of the certified check to EPA shall be sent to the
Remedial Project Manager within five (5) days of payment
Payment of the Maine DEPs portion of such penalty shall be made
by certified check payable to the Maine Uncontrolled Sites Fund
and mailed to the following address
Director Division of Sites Investigation amp Remediation Maine DEP
State House Station 17 Augusta ME 04333
Administrative Order By Concent for Removal Action Saco Municipal Landfill Superfund Site Page 71
A copy of the certified check to the Maine DEP shall be sent to
the Maine DEP Project Manager within five (5) days of payment
The stipulated penalties set forth in this Section do not
preclude EPA or the Maine DEP from electing to pursue any other
remedies or sanctions which may be available to EPA or the Maine
DEP by reason of the Respondents failure or refusal to comply
with any requirement of this Order Such remedies and sanctions
include without limitation injunctive relief the assessment of
such civil penalties or damages as are authorized by Sections 122
and 109 of CERCLA or state law or the performance of a
federally-funded response action or state-funded response action
and a corresponding suit for reimbursement of costs incurred by
the United States or the State of Maine Notwithstanding any
other provision of this Section EPA may in its unreviewable
discretion waive any portion of stipulated penalties that have
accrued pursuant to this Order
95 If the City invokes dispute resolution regarding any
decision which has resulted in the assessment of stipulated
penalties stipulated penalties shall continue to accrue during
the dispute resolution process except as otherwise provided in
this Order Within thirty (30) days after receipt of the EPA
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 72
determination rendered pursuant to Paragraph 88 in which EPA
prevails in whole or in part the City shall pay pursuant to
Paragraph 94 the stipulated penalties arising from those matters
on which the City does not prevail At that time the City shall
also pay interest on any stipulated penalties which had accrued
up to the day the City invoked Dispute Resolution If the City
prevails on the disputed matter then no stipulated penalties are
due
XXXI PAYMENT BY NON-PERFORMING PARTIES
96 By May 30 1997 each Non-Performing Respondent shall
pay its individual share of the total sum of $97050000 into a
qualifying settlement fund for the City to use to undertake
response activities related to the Site Payment shall be made
by certified check payable to KeyBank National Assoc (Attn
Leon J Bien) Escrow Agent and mailed with a transmittal letter
to the following address
KeyBank National Association Escrow Agent One Canal Plaza Portland Maine 04101
Attn Mr Leon J Bien
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 73
Non-Performing Respondents shall provide notice of such payment
to EPA by mailing a copy of the transmittal letter and check to
the EPA RPM at the address set forth in Section XI of this Order
XXXII CIVIL PENALTIES FOR NONCOMPLIANCEENFORCEMENT
97 The City is advised that violations of this Order or
any portion thereof may subject it to civil penalties of up to
$25000 per violation and $25000 for each day in which such
violation continues as provided in Sections 106(b)(1) 109 and
122 of CERCLA 42 USC sectsect 9606(b)(l) 9609 and 9622 The City
may also be subject to damages in an amount up to three times the
amount of any cost incurred by the United States as provided in
Section 107(c)(3) of CERCLA 42 USC sect 9607(c)(3) Violations
of this Order also may subject the City to civil penalties
injunctive actions and cost reimbursement under Maine law
including without limitation 38 MRSA Sections 347-A 348
349 1365 1366 and 1367 (1989 and Supp 1997)
XXXIII COVENANT NOT TO SUE DENIAL OF LIABILITY
98A In consideration of the actions that will be
performed and the payments that will be made by the Respondents
under the terms of this Order and except as specifically
provided in Section XXXV of this Order EPA covenants not to sue
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 74
or to take administrative action against the Respondents pursuant
to Sections 106 and 107(a) of CERCLA or Section 7003 of RCRA for
the Work this Order including performance of the Removal
Action and for recovery of all Extraordinary Response Costs
associated with this Order incurred by EPA and paid by the City
With respect to the City these covenants not to sue shall i)
take effect for Work completed prior to EPAs approval of the
Completion of Removal Action Report upon notification by EPA that
the City has completed all construction activities required under
this Order and the City has submitted and EPA has approved the
Completion of Removal Action Report and ii) take effect for Work
completed after EPAs approval of the Completion of Removal
Action Report upon notification by EPA that the City has
completed all actions required under this Order (including all
Post-Removal Site Control and reimbursement of Extraordinary
Response Costs) These covenants not to sue shall take effect
with respect to the Non-Performing Respondents upon notification
by the Non-Performing Respondents that they have complied with
Paragraph 96 of this Order These covenants not to sue are
conditioned upon the satisfactory performance by the Respondents
of their respective obligations under this Order These
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 75
covenants not to sue extend only to the Respondents and do not
extend to any other person Under this Order Respondents are
not released from liability if any for any actions taken beyond
the terms of this Order regarding other removal actions remedial
investigationfeasibility studies related to any other operable
unit remedial designremedial action related to any other
operable unit operation and maintenance of any other remedial
action or activities arising pursuant to Section 121(c) of
CERCLA 42 USC sect 9621(c)
B In consideration of the actions that will be performed
and the payments that will be made by the Respondents under the
terms of this Order and except as specifically provided in
Section XXXV of this Order the State of Maine covenants not to
sue or to take administrative action against the Respondents
pursuant to Section 107(a) Of CERCLA 38 MRSA Sections 1304
and 1365 (1989 and Supp 1997) and other applicable state law
including common law for the Work this Order including
performance of the Removal Action the RIFS Order and the
activities thereunder and for recovery of all response costs
associated with this Order fully addressed by an EPA cooperative
agreement and any grants or payments made by the State to the
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Superfund Site Page 76
City to reimburse the City for landfill capping costs and
including all activities required to be performed and costs
related thereto under Prior MEDEP Orders and Consent Decrees to
the extent that they are inconsistent with this Order and any
such Prior MEDEP Orders and Consent Decrees are hereby superseded
to the extent that they are inconsistent with this Order With
respect to the City these covenants not to sue shall i) take
effect for Work completed prior to EPAs approval of the
Completion of Removal Action Report upon notification by EPA that
the City has completed all construction activities required under
this Order and the City has submitted and EPA has approved the
Completion of Removal Action Report and ii) take effect for Work
completed after EPAs approval of the Completion of Removal
Action Report upon notification by EPA that the City has
completed all actions required under this Order (including all
Post-Removal Site Control and reimbursement of Extraordinary
Response Costs) These covenants not to sue shall take effect
with respect to the Non-Performing Respondents upon notification
by the Non-Performing Respondents that they have complied with
Paragraph 96 of this Order These covenants not to sue are
conditioned upon the satisfactory performance by the Respondents
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Superfund Site Page 77
of their respective obligations under this Order These
covenants not to sue extend only to the Respondents and do not
extend to any other person Under this Order Respondents are
not released from liability if any for any actions taken beyond
the terms of this Order regarding other removal actions remedial
investigationfeasibility studies related to any other operable
unit remedial designremedial action related to any other
operable unit or operation and maintenance of any other remedial
action
99 The execution of this Order and Respondents
participation herein is not an admission by the Respondents of
liability with respect to any issue dealt with in this Order nor
is it an admission by the Respondents of any Finding of Fact
Conclusion of Law or Determination contained in this Order
Furthermore the participation of Respondents in this Order shall
not be considered an admission of liability and is not admissible
in evidence against the Respondents in any judicial or
administrative proceeding other than (a) a proceeding by the
United States including EPA or the State of Maine including
the Maine DEP to enforce this Order or a judgment relating to
it or (b) a proceeding to enforce any agreement between the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 78
Performing Respondent and Non-Performing Respondents regarding
the Site or to enforce a judgment related to such agreement
XXXIV CONTRIBUTION PROTECTION
100 With regard to claims for contribution against the
Respondents the Parties hereto agree that the Respondents are
entitled to such protection from contribution actions or claims
as is provided by Section 113(f)(2) of CERCLA 42 USC
sect 9613 (f) (2) and 38 MRSA sect 348(4) for all matters
addressed by this Order The matters addressed are Past
Response Costs RIFS Response Costs Response Costs Oversight
Costs Extraordinary Response Costs all costs incurred by the
State of Maine related to Prior MEDEP Orders and Consent Decrees
for which reimbursement may be sought payments pursuant to
Paragraph 96 and Work The Parties agree that the Respondents
are entitled to such protection upon the effective date of this
Order Nothing in this Order precludes the United States the
Maine DEP or Respondents from asserting any claims causes of
action or demands against any persons not parties to this Order
for indemnification contribution or cost recovery
XXXV EPAS AND THE STATES RESERVATION OF RIGHTS
101 A The covenants not to sue set forth in Section
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 79
XXXIII do not pertain to any matters other r n these expressly
specified in that Section EPA reserves and this Order is
without prejudice to all rights against each Respondent with
respect to all other matters including but not limited to the
following
a claims based on a failure by any Respondent to meet any
requirement specified for that Respondent under this Ordershy
b liability arising from the past present or future
disposal release or threat of release of hazardous
substances pollutants or contaminants outside of the Site
c liability arising from future disposal at the Site other
than as provided in the Action Memorandum or this Order or
otherwise ordered by EPA
d liability for damages for injury to destruction of or
loss of natural resourcesshy
e liability for response costs that have been or may be
incurred by the National Oceanic and Atmospheric
Administration and the Department of the Interiorshy
f criminal liability
g liability for violations of federal or state law which
occur during or after implementation of the Removal Actionshy
Administrative Order By Conaent for Removal Action Saco Municipal Landfill Superfund Site Page 80
h liability for response costs incurred at the Site which
are not addressed by Section XXVII of this Order
(Reimbursement of EPA Extraordinary Response Costs) or by
the Cost Recovery Administrative Agreement (Docket No
CERCLA 1-97-1010) and
i liability for response actions at the Site that are not
required to be performed by the City pursuant to this Order
B The covenants not to sue set forth in Section XXXIII do not
pertain to any matters other than those expressly specified in
that Section The State of Maine reserves and this Order is
without prejudice to all rights against the Respondents with
respect to all other matters including but not limited to the
following
a claims based on a failure by any Respondent to meet any
requirement specified for that Respondent under this Order
b liability arising from the past present or future
disposal release or threat of release of hazardous
substances pollutants or contaminants outside of the Siteshy
c liability for damages for injury to destruction of or
loss of natural resources
d criminal liabilityshy
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 81
e liability for violations of federal or state law wh^ch
occur during or after implementation of the Removal Action
g liability for Oversight Costs incurred by the State at
the Site to the extent that they are not fully addressed by
future cooperative agreements between EPA and MEDEP and
h liability for response actions at the Site that are not
required to be performed by the City pursuant to this Order
102 EPA retains the right to undertake any obligations of
the City under this Order provided that EPA has determined that
one of the following conditions has been met the City has ceased
implementation of any portion of the Work is seriously or
repeatedly deficient or late in their performance of the Work
has failed to comply with this Order or is implementing the Work
in a manner which may cause an endangerment to human health or
the environment If EPA undertakes any obligations under this
Order pursuant to this Paragraph including implementation of
institutional controls the City must reimburse EPA for all costs
incurred as a result of the takeover that are consistent with the
NCP as Extraordinary Response Costs The City may invoke the
procedures set forth in Section XXIX (Dispute Resolution) to
dispute EPAs determination that takeover of the obligations of
Administrative Order By Consent for Removal Action Slaquoco Municipal Landfill Superfund Site Page 82
the City under this Order is warranted or that the costs incurred
were consistent with the NCP
103 Notwithstanding any other provision of this Order
except as set forth in Section XXXIII (Covenant not to Sue) EPA
and the State of Maine shall retain all of their response
information gathering entry inspection and enforcement
authorities and rights under CERCLA and under any other
applicable law regulation or permit
104 The City shall reimburse EPA for costs incurred by the
United States to enforce this Order or the Cost Recovery
Administrative Agreement as Extraordinary Response Costs in
accordance with the reimbursement procedures provided by Section
XXVII (Reimbursement of Extraordinary Response Costs)
XXXVI RESPONDENTS COVENANT NOT TO SUE
105 Covenant Not to Sue Subject to the reservations in
Paragraphs 106 and 107 Respondents hereby covenant not to sue
and agree not to assert any claims or causes of action against
the United States or the State including any department agency
or instrumentality of the United States or State with respect to
this Order including but not limited to
a any direct or indirect claim for reimbursement from
Administrative Order By Conaent for Removal Action Saco Municipal Landfill Superfund Site Page 83
the Hazardous Substance Superfund (established pursuant to the
Internal Revenue Code 26 USC sect 9507) through CERCLA Sections
106(b)(2) 107 111 112 113 or any other provision of law
b any claims under CERCLA Sections 107 or 113 related
to this Order
c any claims for payment under sections 106(b) 111
and 112 of CERCLA the Constitution of the United States the
Tucker Act 28 USC sect 1491 or at common law against the State
EPA or the Hazardous Substance Superfund arising out of any
action performed under this Order any related access matters
and related institutional controls or
d any claims arising out of response activities in
connection with this Order including claims based on EPAs and
the States selection of response actions oversight of response
activities or approval of plans for such activities
XXXVII RESPONDENTS RESERVATION OF RIGHTS
106 The Respondents reserve and this Order 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 wrongful act or
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 84
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 USC sect 2671 nor
shall any such claim include a claim based on EPAs selection of
response actions or the oversight or approval of the
Respondents plans or activities The foregoing applies only to
claims which are brought pursuant to any stat- -e other than
CERCLA and for which the waiver of sovereign immunity is found in
a statute other than CERCLA
107 Except as set forth in this Order the Respondents
expressly reserve all rights and defenses that each or any of
them may have in law or in equity for any claims or causes of
action it may have against any party including the United States
and the State and their respective agencies departments and
instrumentalities Any claims not expressly waived by the
Respondents shall be deemed reserved Notwithstanding any
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 85
obligations in this Order requiring the Respondents to make any
records documents or any other materials available to EPA
nothing herein shall be construed to be a waiver of any rights
Respondents may have to assert the attorney-client privilege or
the attorney work product doctrine as to those materials except
where such materials contain information specified in section
104(e)(6)(F) of CERCLA 42 USC sect 9604(e)(6)(F)
XXXVIII OTHER CLAIMS
108 Except as expressly provided in Section XXXIII
(Covenant Not to Sue) nothing in this Order constitutes a
satisfaction of or a release from any claim or cause of action
against the Respondents or any person not a party to this Order
for any liability such person may have under CERCLA other
statutes or the common law including but not limited to any
claims of the EPA for costs damages and interest under sections
106(a) and 107(a) of CERCLA This Order does not constitute a
preauthorization of funds under section 111(a)(2) of CERCLA No
action or decision by EPA pursuant to this Order shall give rise
to any right to judicial review except as set forth in section
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 86
113(h) of CERCLA
XXXIX INDEMNIFICATION
109 The United States and the State do not assume any
liability by entering into this Order or without limitation by
virtue of any designation of the City as EPAs authorized
representative under section 104(e) of CERCLA 42 USC
sect 9604(e) The City agrees to indemnify and save and hold
harmless the United States Government the State of Maine and
their agencies departments agents officers employees and
representatives from any and all claims or causes of action
arising from or on account of negligent acts or omissions of the
City its officers employees agents servants receivers
successors trustees assignees or contractors in carrying out
the activities pursuant to this Order including but not limited
to any claims arising from any designation of the City as EPAs
authorized representative under section 104 (e) of CERCLA 42
USC sect 9604(e) Neither the United States nor the State shall
be held out as a party to or in any other way be held liable
under any contract entered into by the City or by the Consultant
or any contractor in carrying out the activities pursuant to this
Order Neither the City nor any such Consultant or contractor
Administrative Ordr By Consent for Removal Action Saco Municipal Landfill Suprfund Sit Fag 87
shall be considered an agent of the United States or the State
Notwithstanding any of the above this agreement to indemnify and
hold harmless does not include claims or causes of action arising
from or on account of acts or omissions of the United States and
its agencies departments agents officers employees and
representatives
XXXX WAIVER OF SETTLEMENT CONFERENCE
110 In consideration of the communications among the
Respondents and EPA regarding the terms of this Order prior to
its issuance the Respondents hereby agree that there is no need
for a settlement conference prior to the effective date of this
Order
XXXXI MODIFICATION OF ORDER
111 This Order with the exception of the Statement of Work
(Appendix B) or attachments or Deliverables thereunder may only
be modified upon the written agreement of EPA by signature of the
Director of the Office of Site Remediation and Restoration the
Maine DEPs Director of the Bureau of Remediation and Waste
Management and an authorized officer of each of the Respondents
The Statement of Work any attachments thereto or any accepted
Deliverables may be modified upon signature of the EPA Geographic
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 88
Section Chie subject to the Citys right to invoke Dispute
Resolution
XXXXII SEPARATE DOCUMENTS
112 This Order may be executed in two or more counterparts
each of which shall be deemed an original but all of which
together shall constitute one and the same instrument
XXXXIII EFFECTIVE DATE
113 This Order shall be effective five (5) days after the
City receives notice that the Director of the Office of Site
Remediation and Restoration has signed the Order All times for
performance of activities under this Order shall be
calculated from the effective date
XXXXIV TERMINATION
114 Prior to but no later than 180 days after the
effective date of this Order the City or EPA may terminate this
Order if the Cost Recovery Administrative Agreement is not
effective within ninety (90) days of the effective date of this
Order Notwithstanding this Paragraph the City shall complete
at least ninety-five percent (95) of the final design of the
Removal Action
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 89
IT IS SO AGREED AND ORDERED BY
Al bull Linda M Murphy D i r c to r Dat Office of Site Remediation and Restoration EPA Region I
Administrative Order By Consent for Removal Action Saco Municipal landfill Superfund Site Page 90
The undersigned representatives of the Respondents certify that they are fully authorized to enter into the terms and conditions of this Order and bind the parties they represent to this document
ROBUS LEATHER CORPORATION FKA GEORGE NEWMAN amp COMPANY SUCCESSOR BY LAW TO BIDDEFORD INDUSTRIES INC
By Thomas Robinson President and Ghiof FinancialmdashOffaooy f Robus Leather Corporation 1100 W Hutchinson Lane Madison IN 47250 Tel (812) 273-4183
TO 833388888888881 P0309 MPY 27 97 16=01 FR HflLE RND DORR LuF DC
Administrative Ordar By Consent for Removal Saco Municipal Landfill Suparfund Site Pag 91
CL HAUTHAWAY amp SONS CORPORATION
By Leppoldo ampJohnson Date CL Hautna ay amp Sons Corp 638 Summer Street Lynn MA 01905-2092
fa
Administrative Order By Consent for Removal Action Saoo Municipal Landfill Superfund Site Page 92
GABRIEL ELECTRONICS INC
By
Frank E Gemme Date President Gabriel Electronics Incorporated Libby Road PO Box 70 Scarborough ME 04070 Tel (207) 883-5161
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 93
LITTON INDUSTRIES INC
By Camp^tf-Jtae^^c^S
Carol WiesnerVice President and Controller Litton Industries Inc 21240 Burbank Boulevard Woodland Hills California 91367 Tel (818) 598-5246
May 27 1997
Date
Adni-tniBtrativc Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 94
LYN-FLEX INDUSTRIES AN UNINCORPORATED DIVISION OF DER-TEX CORPORATION
By gt 1997
Jerome Linder Date President Der-Tex Corporation 360 Merritnack Street Lawrence Massachusetts 01843 Tel (508) 686-0154
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 95
MILLIPORE CORPORATION
By At Jef frpoundy Ttyidin EsqVice President and General Counsel Millipore Corporation 80 Ashby Road Bedford MA 01730 Tel (617) 533-2044
May 21 1997 Date
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 96
NIKE INC
Coburn Date eheral Counsel Nike Inc 1 Bowerman Drive Beavertotm OR 97005-6453 Tel 503shy
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 97
ZENECA INC
61097
Glenn M Engelmann Date Vice President General Counsel and Secretary Zeneca Inc Successor to Polyvinyl Chemicals Inc
Addrespoundeneca Inc Successor to Polyvinyl Chemicals Inc
1800 Concord Pike PO Box 15438
Wilmlngotn PR
Tel(302) 886-3244
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 98
SACO DEFENSE INC
By j i e s R V i e g Date Vice Chairman Saco Defense Inc 291 North Street Saco Maine 04072 Tel (270) 283-3611
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 99
CHAMPION INTERNATIONAL CORPORATION
pound By x^gt^^w^ (- (^W^ lt May 27 1997
Stephen B Brown Date ampAVice President and General Counsel
Champion International Corporation One Champion Plaza Stamford Connecticut 06921 Tel (203) 358-6476
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 100
BEMIS COMPANY INC
By -^^lt^^^ 52297 Richard Pry^r Date Corporate Risk Manager Bemis Company Inc 222 South 9th Street Suite 2300 Minneapolis Minnesota 55402-4099 Tel (612) 376-3085
Administrative Order By Consent for Removal Action Saco Municipal Landfill Suporfund Site Page 101
CITY OF SACO MAINE
A Larry Mtcl(ell Dgfte City Administrator City of Saco 300 Main Street Saco Maine 04072 Tel (207) 282-4191
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 102
STATE OF MAINE
By
Mark Hyland Director Date Division of Site Remediation Maine DEP State House Station 17 August Maine 04333 Tel (207) 287-7673
By Dennis Harnish Esq Date Assistant Attorney General Department of Attorney General State House Station 6 Augusta Maine 04333 Tel (207) 626-8800
APPENDIX B
Non-Time Critical Removal Action Statement of Work
Saco Municipal Landfill Superfund Site
I INTRODUCTION AND PURPOSE
This non-time-critical removal action (NTCRA) Statement of Work (SOW) defines the response activities and deliverables that the Performing Respondent shall performsubmit in order to implement the Work required under the Administrative Order on Consent for Removal Action (EPA Region I Docket No 1-97-1009) (the Order) at the Saco Municipal Landfill Site in Saco Maine (the Site) The activities described in this SOW are based upon the United States Environmental Protection Agency (EPA) Action Memorandum for the Site signed by the EPA Region I Director of the Office of Site Remediation and Restoration on September 23 1996
II DEFINITIONS
The following definitions shall apply to this SOW
A All definitions provided in Section III of the Order are incorporated herein by reference
B Design shall mean an identification of the technology to be used for the Removal Action and its performance and operational specifications in accordance with all applicable federal state and local laws including but not limited to
1 all computations used to size units determine the appropriateness of technologies and the projected effectiveness of the NTCRA
2 scale drawings of all system layouts identified above and including but not limited to excavation cross-sections and well cross-sections
3 quantitative analyses demonstrating the anticipated effectiveness of the NTCRA Design to achieve the Performance Standards
4 technical specifications which detail the following
a size and type of each major component and
b required performance criteria of each major component
5 specifications on the extent of ambient air monitoring including equipment monitor locations and data handling procedures and
6 specifications of Institutional Controls to be supplied with the construction plans and specifications
EPA Approval or EPA Review and Approval shall mean the procedures specified in Section XIVA of the Order
Institutional Controls shall mean deed restrictions access land easements and other requirements and controls developed to limit human or animal exposure to hazardous substances pollutants or contaminants andor to ensure the integrity and effectiveness of the Removal Action
Performing Respondents Certification shall mean the procedures specified in Section XIVB of the Order
III SELECTED NON-TIME-CRITICAL REMOVAL ACTION
Section VAI of the Action Memorandum specifies the NonshyTime-Critical Removal Action for the Site Based upon the Action Memorandum listed below are the components of the NTCRA which shall be performed by the Performing Respondent
bull Grading of the landfill including the consolidation of the solid waste material from adjacent to Area 1 Area 3 and Area 4
bull Identifying the solid waste boundary for Areas 3 and 4
bull Excavating contaminated sediments from a groundwater seep area and consolidating them with the waste material in landfill Area 4
- 2 shy
bull Designing and constructing a multi-layer low hydraulic conductivity cap with surface drainage controls
bull Maintaining the cap
bull Long-term monitoring of surface water sediments and groundwater
bull Post-removal site control (PRSC) of the cap The PRSC shall ensure the long-term continued effectiveness of each component of the NTCRA and
bull Implementing Institutional Controls including implementation of deed restrictions andor other controls to prohibit the future use of the Site in any manner that would compromise the integrity of the cap and its associated systems
IV PERFORMANCE STANDARDS
The Performing Respondent shall design construct operate monitor and maintain the NTCRA in compliance with this Order the SOW and the Performance Standards identified in the Action Memo
The Performance Standards for the NTCRA at the Site include
SEDIMENT EXCAVATION AND CONSOLIDATION Sediments with arsenic concentrations above 19 mgkg will be excavated from the groundwater leachate seeps adjacent to Sandy Brook The area within which the seeps are found is defined by sediment locations SD-21 and SD-25 Sediments within Sandy Brook will not be excavated as part of this removal action
CONSOLIDATION OF SOLID WASTE The solid waste outside the Area 1 Area 3 and Area 4 caps shall be consolidated under the Area 34 cap The area to be excavated and material to be consolidated was identified during the RIFS test pit program
LANDFILL CAP The landfill cap shall be designed constructed operated and maintained to meet the performance requirements of the Resource Conservation and Recovery Act (RCRA) Subtitle C regulations specified in 40 CFR sectsect 26419 264310 as applicable and 264111 and the
- 3 shy
currently promulgated final MEDEP regulations referenced in Attachment X of the Action Memo
The cap shall also be designed to meet the requirements of the following EPA and State technical guidance documenxo Final Covers on Hazardous Waste Landfills and Surface Impoundments (EPA530-SW-89-047 July 1989) Construction Quality Management for Remedial Action and Remedial Design Waste Containment Systems (EPA540R-92073 October 1992) Quality Assurance and Quality Control for Waste Containment Facilities (EPA600R-93182 September 1993) MEDEP Final Cover System Guidance Document for Municipal Solid Waste Landfill (November 1995) Stormwater Management for Maine Best Management Practices (November 1995 MEDEP) and Maine Erosion and Sediment Control Handbook for Construction Best Management Practices (March 1991 Cumberland County Soil and Water Conservation District and Maine DEP)
The multi-layer cap will achieve the following minimum requirements
All layers of the cover system shall be designed to achieve the performance objectives of this section over the longshyterm Each layer shall also be designed to meet a static stability factor of safety criteria of 13 seismic stability factor of safety criteria of 10 and a construction-stage stability factor of safety criteria of 12
mdash The base layer will be comprised of unclassified fill material transmissive to gas The performance objectives for the base layer are to contour the landfill to achieve a maximum slope of 31 provide a subgrade base suitable for construction of the cover system and minimize subsidence
Waste from uncapped areas near Area 1 Area 3 and Area 4 and excavated sediments from the groundwater seep areas near Sandy Brook will be placed under the base layer Vegetation cleared from the Site will be distributed evenly to prevent degradation and minimize subsidence
The slopes will be terraced to minimize erosion of the multi-layer cap so that no more than 2 tons per acre per year of soil loss occurs
mdash The gas collection layer will be comprised of 6-12 inches of porous material with a hydraulic conductivity of at least
- 4 shy
1 x 103 cmsec The objective of this layer is to allow for the transmission of gas to the vent pipe which will then take gas out of the landfill and to provide a firm foundation and contact surface for the low hydraulic conductivity layer A second objective is to allow fo the transmission of potential leachate seeps down the sideslopes so that it may infiltrate back into the landfill Approximately one gas vent per acre will be installed at least three to five feet into the waste
-- The bottom low hydraulic conductivity layer acts as a safeguard to the geomembrane and is generally made of 24 inches of clay or a geo-synthetic clay liner (GCL) The performance objective of this layer is to minimize potential leakage through the low hydraulic conductivity geomembrane into the landfill The low hydraulic conductivity layer will be designed to achieve a maximum hydraulic conductivity of 1 x 10~7 cmsec unless the factor of safety criteria of 13 for static 10 for seismic and 12 for construction stage stability cannot be achieved If the stability criteria cannot be met with a GCL or 1 x 107 cmsec material then a more permeable material may be used to achieve a stable cover system The bottom low hydraulic conductivity layer shall have a maximum hydraulic conductivity of at least 1 x 105 cmsec if the 1 x 10~7
cmsec material cannot meet the stability criteria If a GCL is used as the bottom low hydraulic conductivity layer then 12 inches of a fine grained material containing a minimum of 35 fines with no stones larger than one inch shall be used as bedding above the gas vent layer Potential mechanisms that may compromise the integrity of the cover system such as subsidence desiccation cracking and freeze-thaw cycling will be accounted for in the design
The uppermost surface of the bottom low hydraulic conductivity layer shall be buried at least 30 inches below the surface of the cap
-- The top low hydraulic conductivity layer will be a geosynthetic barrier The performance objective of this barrier is to prevent water from infiltrating into the landfill and to accommodate settlement and subsidence while maintaining stability This synthetic barrier will be a type of flexible geomembrane 40-60 mil thick
-- The drainage layer will be composed of either a minimum of 12 inches of sand or equivalent material with a minimum
- 5 shy
hydraulic conductivity of 1 x 102 cmsec or a synthetic material with a transmissivity of at least 3 x 10~5 m2sec The sand should be no coarser than 38 inch The performance objective is to allow water to drain off the synthetic barrier prevent the ponding of water over tgt a synthetic barrier and minimize seepage forces within the cap system If a geosynthetic drainage layer is used then a 12 inch layer of coarse material will be placed over the geosynthetic layer
mdash The top layer of the cap will be the vegetative cover This layer in combination with the drainage layer shall provide a minimum of 30 inches of fill material to provide frost protection A minimum of 18 inches of material (including at least 6 inches of top soil) shall be placed above the drainage layer to provide adequate water-holding capacity to attenuate rainfall infiltration to the drainage layer to sustain vegetation through dry periods and to provide sufficient thickness to allow for expected long-term erosion losses Deep rooted plants that could damage the drainage and barrier layers will not be allowed to grow on the cover A filter fabric may be placed between the top layer and the drainage layer to minimize fill material from clogging the drainage layer
mdash Surface water drainage controls will be constructed to minimize erosion during construction and to reduce erosion of the cap after construction to no more than 2 tons per acre per year As determined by the final NTCRA Design drainage channels will be installed in certain areas on the top and perimeter of the landfill cap to channel runoff away from the landfill Surface water drainage channels will be designed to manage the rainfall volume of a 25-year 24-hour storm event with freeboard and shall also be capable of handling a 100-year 24-hour storm event without overflow
SURFACE WATERS The point of compliance for any point source surface water releases resulting from this action consistent with the NCP shall be the point or points where the release enters the surface water body (Sandy Brook or Big Ledge Brook) Any point source discharge to a surface water body shall comply with the NPDES program under section 402 of the federal Clean Water Act and the Maine water quality standards and storm water discharge requirements The document Stormwater Management for Maine Best Management Practices (November 1995 MEDEP) shall be used as guidance for stormwater and the document Maine Erosion and Sediment Control Hanbook for Construction Best Management
- 6 shy
Practices (March 1991 Cumberland County Soil and Water Conservation District and Maine DEP) shall be used as guidance for erosion control
AIR The point of compliance for air consistent with che NCP shall be the point(s) of the maximum exposed individual considering reasonably expected use of the Site and surrounding area The maximum exposed individuals could include (I) adjacent residents (2) operation and maintenance personnel and (3) individuals working at the facility The passive gas venting system shall not allow for an unacceptable risk of exposure to the maximum exposed individuals by controlling and treating landfill gas if necessary The passive gas venting system shall be designed and constructed to comply with Attachment X of the Action Memo
LONG-TERM MONITORING A long-term monitoring program will be implemented to evaluate the performance of the NTCRA Surface water groundwater and sedimentsas appropriate shall be sampled as part of this program Long-term monitoring is expected to occur for at least thirty years
POST-REMOVAL SITE CONTROL Post-removal site control shall assure the long-term effectiveness of the cap and related systems for at least thirty years
INSTITUTIONAL CONTROLS Institutional Controls shall ensure the long-term integrity of the landfill cap and prevent future use of the groundwater impacted by the Site Deed restrictions andor other controls shall prohibit any activity at the Site which would interfere with or compromise the landfill cap or its related systems Such controls will also provide for EPA and MEDEP approval prior to the commencement of any future activities at the Site which may impact the landfill cap or its related systems
V NTCRA DESIGN
The Performing Respondent shall develop a final design for the selected NTCRA as described in the Action Memorandum and this SOW that meets the performance standards specified in Section IV of this SOW This section describes the Performing Respondents responsibilities for submitting deliverables and conducting project meetings during design
- 7 shy
A DELIVERABLE5
The Performing Respondent shall submit the following deliverables to EPA and the MEDEP during the design of the selected NTCRA pursuant to the schedule in Attachment A Any modification of the schedule in Attachment A shall be subject to EPA approval after a reasonable opportunity for review and comment by MEDEP Each submitted deliverable shall require EPA Approval after a reasonable opportunity for review and comment by MEDEP or Performing Respondents Certification whichever applies pursuant to the schedule in Attachment A and the procedures in Section XIV of the Order
1 DESIGN PROGRESS REPORTS
On the 15th calendar day of each month and until EPA approval of the 100 NTCRA Design the Performing Respondent shall submit Design Progress Reports to EPA and the MEDEP Design Progress Reports may be combined with the monthly progress reports required under the Administrative Order by Consent for Remedial InvestigationFeasibility Study (EPA Region I CERCLA Docket No I-CERCLA-95-1069) and shall be submitted with the Performing Respondents Certification The reports shall summarize all activities that have been conducted in the month preceding the Progress Report and those planned for the next two months The Progress Reports shall also identify problems encountered andor changes to the schedule and shall summarize the results of sampling and tests and other data received by the Performing Respondent
2 CONCEPTUAL DESIGN LETTER REPORT
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit a Conceptual Design Letter Report to EPA and the MEDEP The Conceptual Design Letter Report shall be submitted by the Performing Respondents Certification and may include at a minimum
a an outline of the NTCRA Design
b a work plan for any pre-design studies
- 8 shy
c preliminary drawings of the 31 and 3-5 slope sections of the cap surface water controls and retention ponds in plan view and cross-section and
d The design basis for the composition and thickness of each layer of the cap presented in letter format including a determination of the appropriate gas control technology and supporting information and an estimate of settlement
3 100 DESIGN FOR SEDIMENT CONSOLIDATION
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit the 100 Design for the sediment consolidation to EPA for Review and Approval after reasonable opportunity for review and comment by the MEDEP
4 100 NTCRA DESIGN
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit the 100 NTCRA Design for EPA Review and Approval after reasonable opportunity for review and comment by the MEDEP Design plans for individual components of the NTCRA may be submitted separately from the cap design However the design submittal for the cap shall address 100 of the total design for each component of the NTCRA including but not limited to
a the Final Design Report including the design basis for each component and the associated plans and specifications in reproducible format
b Construction Quality Assurance Plan including sample construction quality assurance and quality control checklists draft construction -quality control and quality assurance tables and a list of testing requirements based upon EPA and MEDEP comments
c the results of any pre-design studies
- 9 shy
d final drawings of the 31 and 3-5 slope sections of the cap in plan view and cross section including surface drainage controls and retention ponds anchor trenches and the passive gas venting system
e a description of the design basis for each layer andor component of the NTCRA including settlement evaluation stability calculations and the HELP model assessment to evaluate infiltration through the cover system The stability assessment shall include an assessment of the stability of the cover system waste material and surrounding slopes Each key section of the stability analysis should include a discussion of the (1) performance criteria for each failure mode (2) soil conditions including loading and seepage conditions and (3) determination of factor of safety and indicate the slope failure mode The methods to perform the above analysis shall be presented
f a discussion of how all applicable or relevant and appropriate requirements (ARARs) identified in the Attachment X of the Action Memo will be addressed This discussion should
(1) specify the statute (2) specify the citation of the ARAR (3) identify if the ARAR is state or
federal (4) summarize the requirements of the ARAR (5) specify in detail the activities that
shall be conducted to comply with the ARAR and
(6) specify in detail the activities that shall be conducted to demonstrate compliance with the ARAR When sampling and analysis is conducted to demonstrate compliance the following shall be specified sampling locations sampling frequency sampling methods analytical methods quality assurance and quality control activities and statistical analysis andor modeling andor other data interpretation techniques
- 10 shy
g drawings on reproducible mylar
h the final NTCRA Technical Specifications which shall include at a minimum the items identified in Attachment D
i a Field Sampling Plan as specified in Attachment B and a Quality Assurance Project Plan as specified in Attachment C Although these documents will be submitted as part of the 100 design these documents must be submitted as separate freestanding deliverables to enable a separate concurrent review of these document by the Agencies along with the 100 design review
j With respect to the landfill cap the design shall include the construction quality assurance procedures required to demonstrate that the NTCRA was properly implemented This component shall include for example (I) checklists for establishing that the required tests and inspections were performed (2) standard operating procedures for all field and laboratory tests (3) the quality assurance and quality control plan for all field and laboratory tests (4) a process for obtaining EPA and MEDEP involvement in major and minor field changes and (5) erosion and sediment control plans The quality assurance component shall be based upon the following guidance documents Construction Quality Assurance for Hazardous Waste Land Disposal Facilities (EPA 530-SWshy86-031 October 1986 and Technical Guidance Document Quality Assurance and Quality Control for Waste Containment Facilities (EPA540R-93182 September 1993)
k A discussion of how any surface water point source discharge shall be evaluated
1 A discussion of how the ambient air shall be evaluated after the construction of the cap is complete to demonstrate that the landfill gas does not pose an unacceptable risk (an excess cancer risk greater than the 104 to 106 risk range or a non-carcinogenic hazard
- 11 shy
index greater than 1) to the maximum exposed individuals (as identified in Section IV of this SOW)
5 WINTER STABILIZATION PLAN
By October 30th of each field season prior to the approval of the Post-Removal Site Control Plan the Performing Respondent shall submit a Winter Stabilization Plan to EPA and MEDEP This plan shall describe the practices and procedures that will be used by the Performing Respondent to prevent erosion of the landfill and excessive sediment discharge to the surface water and wetlands until EPA approval of the Post-Removal Site Control Plan
6 INSTITUTIONAL CONTROL PLAN
The Performing Respondent shall submit a schedule and a workplan letter report for the implementation of the Institutional Controls required by the NTCRA within 60 days of the effective date of the Order As part of the Institutional Controls a deed restriction shall be placed on the Site property to prevent any use of the property that would interfere with or reduce the effectiveness of the NTCRA or any future response actions The deed restriction shall also prevent future use of the groundwater under the Site These institutional controls shall be implemented in a manner consistent with Attachment X of the Action Memo
B DESIGN PROJECT MEETINGS
The Performing Respondent and its Contractor shall periodically meet with EPA and the MEDEP during the design phase to discuss the status of the design present the results of any investigations and discuss any issues associated with the development of the design
At least one week prior to each such periodic meeting the Performing Respondent shall submit to EPA and the MEDEP as necessary (i) an agenda for the meeting (ii) a summary of the issues that will be discussed and (iii) any supporting information including any specific information required for the meeting as detailed below The following is a list of meetings to be held as necessary during the design phase
1 DESIGN KICK-OFF MEETING
- 12 shy
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall schedule a design kickshyoff meeting The purpose of this meeting is to allow the EPA MEDEP and the Performing Respondents design teams to meet
2 CONCEPTUAL DESIGN MEETING
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall hold a Conceptual Design Meeting During the Conceptual Design Meeting the Performing Respondent shall give a presentation of the Work Plan for Pre-Design Studies if needed and the conceptual design of the selected NTCRA based on any completed pre-design investigations and the Conceptual Design Letter Report
3 100 DESIGN MEETING FOR SEDIMENT CONSOLIDATION
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall hold a 100 Sediment Consolidation Design Meeting At this meeting the Performing Respondent shall present the 100 design for these components of the NTCRA
4 100 NTCRA DESIGN MEETING
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall hold two 100 NTCRA design meetings At the first meeting the Performing Respondent shall provide an overview of the design During the second meeting the Performing Respondent shall present any issues that have arisen from comments received on the 100 NTCRA design and options for resolving the issues
EPA may determine that any of such meetings are not necessary However EPA andor the Performing Respondent may also schedule additional meetings as necessary to discuss any issues that arise during design
VI NTCRA IMPLEMENTATION
The Performing Respondent shall implement the final design for the selected NTCRA as described in the Action Memorandum and this SOW that meets the performance standards specified in Section IV
- 13 shy
of this SOW This section describes the Performing Respondents responsibilities for conducting the NTCRA submitting deliverables and conducting project meetings during implementation of the NTCRA
A DELIVERABLES
The Performing Respondent shall submit the following deliverables to EPA and the MEDEP during implementation of the NTCRA pursuant to the schedule in Attachment A Any modification of the schedule in Attachment A is subject to EPA approval after a reasonable opportunity for review and comment by MEDEP Each submitted deliverable shall require EPA Approval or the Performing Respondents Certification whichever applies pursuant to the schedule in Attachment A and the procedures in Section XIV of the Administrative Order by Consent
1 NTCRA IMPLEMENTATION SCHEDULE
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit a NTCRA Implementation Schedule for EPA Review and Approval after reasonable opportunity for review and comment by the MEDEP The NTCRA Implementation Schedule shall identify the major milestones for completion of the NTCRA including the commencement and completion of construction and the schedule for demonstrating compliance bull ith Section V(A) (4) (f) of the SOW The NTCRA Implementation Schedule shall also identify the key construction dates including the initiation and completion date of each component of the multi-layer cap The NTCRA Implementation Schedule shall also identify the projected dates of the Progress Meetings conducted during the NTCRA implementation including those required pursuant to Section VIB of this SOW
2 CONSTRUCTION DOCUMENT SUBMITTAL
In accordance with the schedule set forth in Attachment A to this SOW the Performing Respondent shall submit a copy of executed construction contract documents to EPA and MEDEP
3 HEALTH AND SAFETY PLAN
- 14 shy
In accordance with che Schedule set forth in Attachment A to this SOW the Performing Respondent shall submit a General Health and Safety Plan to EPA and MEDEP A site-specific Health and Safety Plan addressing NTCRA construction activities shall be submitted by the Performing Respondent prior to on-site construction activities The general and site-specific Health and Safety Plans shall each be submitted with Performing Respondents Certification
4 NTCRA IMPLEMENTATION PROGRESS REPORTS
On the 15th calendar day of each month during implementation of the NTCRA and until EPA approval of the Completion of Removal Action Report the Performing Respondent shall submit Progress Reports to EPA and the MEDEP The Progress Reports shall be submitted with Performing Respondents Certification The reports shall summarize all activities that have been conducted in the month preceding the Progress Report and those planned for the next two months The Progress Reports shall also
a identify the percent of NTCRA construction completed
b identify any problems encountered andor changes to the schedule
c summarize the results of all sampling and tests and all other data received by the Performing Respondent
d include photographs of the site activities Photographs shall be labeled with the date brief description of the activity weather conditions and directionorientation of the photograph and
e include the results of any monitoring conducted
After completion of all construction activities the Performing Respondent may upon EPA approval reduce the frequency of submission of the Progress Reports The Progress Reports may be combined with the monthly progress reports required under the Administrative Order by Consent
- 15 shy
for Remedial Investigation Feasibility Study (EPA Region I CERCLA Docket No I-CERCLA-95-1069)
5 POST-REMOVAL SITE CONTROL PLAN
In accordance with the schedule set forth in Attachment A to this SOW the Performing Respondent shall submit a Post-Removal Site Control Plan (PRSC Plan) for EPA Review and Approval after reasonable opportunity for review and comment by the MEDEP The PRSC Plan shall ensure the long-term continued effectiveness of each component of the NTCRA The PRSC Plan shall address at a minimum the following
a periodic evaluation of the stability of the cover system
b a description of normal operations and maintenance
c a description of potential operational problems with contingency plans
d an operational safety plan
e a description of equipment
f record keeping and reporting requirements
g periodic assessment of the passive landfill gas venting system
h periodic assessment of erosion controls and periodic settlement monitoring
i periodic assessmentand runoff
of surface water controls
j evaluation of Sandy Brook removal area
k periodic evaluation of vegetative growth and the identification of any erosion and
1 the impact of the cap on wetlands
- 16 shy
6 COMPLETION OF REMOVAL ACTION REPORTS
In accordance with the schedule set forth in Attachment A to this SOW the Performing Respondent shall submit the Completion of Removal Action and Demonstratioi of Compliance Report (jointly the Completion of Removal Action Report) for EPA Review and Approval after reasonable opportunity for review and comment by the MEDEP The Completion of Removal Action Report shall be submitted in two phases including first an Interim Completion of Removal Action Report and second a Final Completion of Removal Action Report
a The Interim Completion of Removal Action Report shall include at a minimum
(1) a synopsis of the work defined in the SOW and the 100 NTCRA Design and a synopsis of all work actually performed
(2) an explanation of any modifications to work in the SOW and the 100 NTCRA Design and why such modifications were necessary to implement the NTCRA
(3) drawings and specifications for all components of the NTCRA and
(4) a final inspection checklist
b The Final Completion of Removal Action Report shall include the categories of information specified in section 300165 of the NCP (OSC Reports) In addition the Final Completion of Removal Action Report shall follow EPA guidance for a Remedial Action Report OSWER Directive 93550-39FS June 1992 and shall include at a minimum
(1) all the data and information necessary to demonstrate compliance according to the approved NTCRA Design
(2) a certification that the NTCRA is operational and functional as designed that no further modifications are necessary to meet the performance standards and that no unacceptable air
- 17 shy
or surface water releases (from the cap only) are occurring or are expected to occur
(3) a detailed explanation as to how t^e Performing Respondent addressed each of the ARARs specifically identified as such in Attachment X of the Action Memo
(4) the final record (as built) plans and specification for the NTCRA and
(5) the conclusions of the data evaluation
B PROJECT MEETINGS
The Performing Respondent and their contractors shall periodically meet with EPA and the MEDEP during implementation of the NTCRA to discuss the status of the project present the results of any investigations and discuss any issues that arise At least one week prior to each such meeting the Performing Respondent shall submit to EPA and the MEDEP as necessary an agenda for the meeting a summary of the issues that will be discussed and any supporting information The following is a list of mandatory meetings that shall be conducted by the Performing Respondent
1 CONSTRUCTION MEETINGS
Unless otherwise agreed by EPA and MEDEP during the construction period the Performing Respondent and its construction contractor(s) shall meet MONTHLY with EPA and MEDEP regarding the progress and details of construction
2 SUBSTANTIAL COMPLETION INSPECTION MEETING
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall schedule and conduct a Substantial Completion Inspection Meeting at the Site The Substantial Completion Inspection Meeting shall include EPA MEDEP and the Performing Respondents Project Coordinator and technical consultant
- 18 shy
3 FINAL INSPECTION MEETING
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall schedule and conduct a Final Inspection Meeting at the Site This Final Inspection Meeting shall include participants from all parties involved in the NTCRA including but not limited to the Performing Respondent and its contractors EPA and the State
EPA may determine that any such meetings are not necessary EPA andor MEDEP andor the Performing Respondent may also schedule additional meetings as necessary to discuss any issues that arise during implementation of the NTCRA
VII POST-REMOVAL SITE CONTROL
The Performing Respondent shall initiate Post-Removal Site Control (PRSC) upon completion of construction of the NTCRA In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit a PRSC plan for EPA approval after a reasonable opportunity for review and comment by MEDEP PRSC shall continue for at least thirty years
Progress Reports shall be submitted throughout the period of PRSC PRSC Progress Reports shall contain a list of all PRSC activities that were performed in the time period since the previous PRSC Progress Report and those PRSC activities that will be performed in the time period until the next PRSC Progress Report In addition PRSC Progress Reports shall include a summary of the results of any PRSC tests or evaluations completed since the last report
PRSC reports shall be submitted quarterly for the first two years following approval of the PRSC plan by EPA after a reasonable opportunity for review and comment by MEDEP For the next 8 years PRSC reports shall be submitted semishyannually in June and November of each year Thereafter PRSC reports shall be submitted annually in November The PRSC reports shall include a discussion of the condition of the NTCRA components and shall identify any corrective measures that have been or need to be installed In particular the condition of the landfill vegetative cover and surface water controldrainage systems shall be discussed
- 19 shy
VIII LONG-TERM MONITORING
In accordance with the schedule set forth in Attachment A to the SOW the Perform g Respondent shall submit a Long-Term Monitoring Plan for EPA Review and Approval after reasonable opportunity for review and comment by MEDEP The objective of the Long-Term Monitoring Plan shall be to evaluate the long-term changes in groundwater surface water and sediment concentrations to assess the effectiveness of the NTCRA The Long-Term Monitoring Plan may also include measures to assess the compliance of the landfill passive gas venting control system and the surface water and sediment control systems The data collected as part of the RIFS Order may be consolidated as a substitute for this data
The Performing Respondent shall initiate the long-term monitoring upon EPA approval of the Long-Term Monitoring Report and continue to perform long-term monitoring of the Site for at least thirty years after EPA approval of the Completion of Removal Action Report Any modifications to these requirements should be made in a manner consistent with Paragraph 111 of the Order
- 20 shy
ATTACHMENT A NTCRA SCHEDULE
DeliverableMeeting Due Date
Kick-off meeting between EPA MEDEP and Design Contractor
Design Progress Reports
Submit Conceptual Design Letter Report to EPA and MEDEP
Final Design Meeting for Sediment Consolidation
Submit draft 100 Sediment Consolidation Design
Conceptual Design Meeting
Monthly Project Mtg
Institutional Control Plan
Submit 100 NTCRA Design
100 NTCRA Design Meeting
Health and Safety Plan for Construction Activities
Second 100 Design Meeting
NTCRA Implementation Schedule
Revised 100 Design Construction Document Submittal
NTCRA Implementation Progress Reports
Construction Meetings
Post-Removal Site Control Plan
Held on December 18 1996
15th calendar day of each month until EPA approval of 100 NTCRA Design
Submitted December 15 1996
Held on December 18 1996
Submitted December 15 1996
Held January 9 1997
To be set by EPA
within 60 days of the effective date of the NTCRA Order
February 28 1997
March 21 1997
No later than May 16 1997
No later than May 23 1997
No later than June 13 1997
No later than June 13 1997
15th calendar day of each month after EPA approval of 100 NTCRA Design until approval of the Completion of Removal Action Report
Once per month during NTCRA construction activities
July 15 1997
Attachment A - 1
Submit Long-Term Monitoring Plan to EPA and MEDEP
Substantial Completion InspectionMeeting
Winter Stabilization Plan
Interim Completion of Removal Action Report
Final Completion of Removal Action Report
Final Inspection
Post-Removal Site Control Progress Reports
No later than December 1 1997
No later than December ]5 1997
By 30th of October of each year until EPA approval of the Post-Removal Site Control Plan
30 days prior to Substantial Completion Inspection Meeting
Within 120 days of the Substantial Completion Inspection
No later than May 15 1998
Quarterly for the 1st two years after approval of PRSC Plan(to be submitted in March June September and December of each year) for the next eight years semishyannually in June and November of each year Thereafter annually in November
Attachment A - 2
ATTACHMENT B
FIELD SAMPLING PLAN COMPONENT OF THE NTCRA 100 DESIGN
The overall objectives of the Field Sampling Plan (FSP) are as follows
1 to document specific objectives procedures and rationales for fieldwork and sample analytical work
2 to ensure that sampling and analysis activities are necessary and sufficient and
3 to provide a common point of reference for all parties to ensure the comparability and compatibility of all objectives and the sampling and analysis activities
The following critical elements of the FSP shall be described for each sample medium as necessary (eg ground water surface water soil sediment air and biota) and for each sampling event
1 sampling objectives (iedemonstration of attainment five year review etc)
2 data quality objectives including data uses and the rationale for the selection of analytical levels and detection limits (see Data Quality Objectives Development Guidance for Uncontrolled Hazardous Waste Site Remedial Response Activities OSWER Directive 935507 March 1987) Also Guidance for Data Useability in Risk Assessment EPA540G-90-008 October 1990
3 site background update including an evaluation of the validity sufficiency and sensitivity of existing data
4 sampling locations and rationale
5 sampling procedures and rationale and references
6 numbers of samples and justification
7 numbers of field blanks trip blanks and duplicates
Attachment B - 1
8 sample media (eg ground water surface war soil sediment air and buildings facilities and structures including surfaces structural materials and residue)
9 sample equipment containers minimum sample quantities sample preservation techniques maximum holding times
10 instrumentation and procedures for the calibration and use of portable air soil- or water-monitoring equipment to be used in the field
11 chemical and physical parameters in the analysis of each sample
12 chain-of-custody procedures must be clearly stated (see EPA NEIC Policies and Procedures Manual EPA 3309-78shy001-R May 1978 revised May 1986
13 procedures to eliminate cross-contamination of samples (such as dedicated equipment)
14 sample types including collection methods and if field and laboratory analyses will be conducted
15 laboratory analytical procedures equipment and detection limits
16 equipment decontamination procedures
The FSP must establish the framework for all anticipated field activities (eg sampling objectives evaluation of existing data standard operating procedures) and contain specific information on each round of field sampling and analysis work (eg sampling locations and rationale sample numbers and rationale analyses of samples) During the NTCRA the FSP shall be revised as necessary to cover each round of field or laboratory activities Revisions or a statement regarding the need for revisions shall be included in each deliverable describing all new field work
The FSP shall include provisions requiring notification of EPA and the MEDEP at a minimum four weeks before field sampling events The Performing Respondent shall provide EPA and MEDEP at least one week notice for non-analytical engineering analysis samples The FSP shall also allow split replicate or duplicate samples to be taken by EPA
Attachment B - 2
(or their contractor personnel) MEDEP and by other parties authorized by EPA At the request of EPA or MEDEP the Performing Respondent shall provide these samples in appropriately pre-cleaned containers to the government representatives Identical procedures shall be used t_raquo collect the Performing Respondents samples and the parallel samples unless otherwise specified by EPA or MEDEP The following guidance documents shall be followed in developing the FSP including
1 Guidance for Conducting Remedial Investigations and Feasibility Studies Under CERCLA (OSWER Directive 93553-01 EPA540G-89004 October 1988)
2 Data Quality Objectives for Remedial Response Activities Development Process EPA540G-87003 (OSWER Directive 93550-7B March 1987)
3 Data Quality Objectives for Remedial Response Activities example scenario RIFS Activities at a site with contaminated Soil and Ground Water (OSWER Directive 93550-7B EPA540G-87002 March 1987)
4 Test Methods for Evaluating Solid Waste PhysicalChemical Method (EPA Pub SW-846 Third Edition)
5 Analytical methods as specified in CFR 40 CFR Parts 136 14123 14124 and 14125 and Agency manuals documenting these methods
6 Statement of Works for Inorganic and Organic Analyses EPA Contract Laboratory Program
7 Guidance for Data Useability in Risk Assessment EPA540G-90-008 October 1990 and
8 Ecological Assessment of Hazardous Waste Sites A Field and Laboratory Reference EPA6003-89013 March 1989
Attachment B - 3
ATTACHMENT C
QUALITY ASSURANCE PLAN FOR THE NTCRA 100 DESIGN
The Quality Assurance Project Plan (QAPjP) shall document in writing site-specific objectives policies organizations functional activities and shall specify quality assurancequality control (QAQC) activities designed to achieve the data quality objectives (DQOs) of the NTCRA The QAPjP developed for this project shall document QAQC policies procedure routines and specifications All project activities throughout the NTCRA shall comply with the QAPjP All QAPjP and sampling and analysis objectives and procedures shall be consistent with Interim Guidelines and Specifications for Preparing Quality Assurance Project Plans (EPA 1983 - EPA QAMS- 00580 1980) All analytical methods shall be consistent with applicable EPA analytical protocols and methods
The 16 basic elements of the QAPjP plan are
1 title page with provision for approval signatures of principal investigators
2 table of contents
3 project description
4 project organization and responsibility
5 quality assurance objectives for measurement data in terms of precision accuracy completeness representativeness and comparability
6 sampling procedures
7 sample custody
8 calibration procedures and frequency
9 analytical procedures which must be EPA approved or equivalent methods
10 data reduction validation and reporting
11 internal quality control checks and frequency
Attachment C - 1
12 performance and system audits and frequency
13 preventive maintenance procedures and schedules
14 specific routine procedures to be used to assess the precision accuracy and completeness of data and to assess specific measurement parameters involved
15 corrective action and
16 quality assurance reports to management
As indicated in EPAQAMS-00580 the above list of essential elements must be considered in the QAPjP for the NTCRA If a particular element is deemed not relevant to the project the reasons for such determination must be provided
Information in a plan other than the QAPjP may be cross-referenced clearly in the QAPjP provided that all objectives procedures and rationales in the documents are consistent and the reference material fulfills the requirements of EPAQAMS-00580 Examples of how this cross-reference might be accomplished can be found in the Data Quality Objectives for Remedial Response Activities Development Process EPA5406-87OQ3 (OSWER Directive 93550-7B) March 1987 and the Data Quality Objectives for Remedial Response Activities Example Scenario EPA540Gshy87004 (OSWER Directive 93550-7B) March 1987 EPA-approved analytical methods or alternative methods approved by EPA shall be used and their corresponding EPA-approved guidelines shall be applied when they are available and applicable
The QAQC for any laboratory used during the NTCRA shall be included in the QAPjP When this work is performed by a contractor to the Performing Respondent each laboratory performing chemical analyses shall meet the following requirements
1 be approved by the State Laboratory Evaluation Program if available
2 have successful performance in one of EPAs National Proficiency Sample Programs (ie Water Supply or Water Pollution Studies or the States proficiency sampling program)
Attachment C - 2
3 be familiar with the requirements of 48 CFR Part 1546 contract requirements for quality assurance and
4 have a QAPjP for the laboratory including all relevant analysis This plan shall be referenced as part of the contractors QAPjP
The Performing Respondent shall certify that all validation of data was performed by an independent person according to Region Is Laboratory Data Validation Functional Guidelines for Evaluating Organic and Inorganic Analyses (amended as necessary to account for the differences between the approved analytical methods for the project and the Contract Laboratory Procedures (CLP) These approved methods shall be contained in the QAPjP The independent person shall not be the laboratory conducting the analyses and should be a person familiar with EPA Region I data validating procedures The independent person performing the validation shall insure that the data packages are complete and all discrepancies have been resolved if possible and the appropriate data qualifiers have been applied The Performing Respondent shall keep the complete data package and make it available to EPA and the MEDEP on request The complete data package must include the following
o Narrative stating method used and explanation of any problems
o Tabulated summary forms for samples standards and QC
o Raw data for samples standards and QC o Sample preparation logs and notebook pages o Sample analysis logs andor notebook pages o Chain of custody sample tags o An example calculation for every method per
matrix
Attachment C - 3
ATTACHMENT D
GENERAL REQUIREMENTS FOR THE TECHNICAL SPECIFICATIONS COMPONENT OF THE NTCRA DESIGN
The general requirements section of the technical specification shall describe how the Performing Respondent will manage the project to complete the NTCRA as required under the SOW and the Order As part of the technical specifications the Performing Respondent shall require the following tasks
1 provide for the security of government and private property on the Site
2 estrict unauthorized entry to the Site which might result in exposure of persons to potentially hazardous conditions
3 establish the location of a field office for on-site activities
4 provide contingency and notification plans for potentially dangerous activities associated with the NTCRA
5 monitor airborne contaminants released by Site activities which may affect the local populations
6 communicate to EPA MEDEP and the public the organization and management of the NTCRA including key personnel and their responsibilities
7 provide a list of Performing Respondents contractors and subcontractors and description of their activities and roles
8 provide for the proper disposal of materials used and wastes generated during the NTCRA (eg drill cutting extracted ground water protective clothing disposable equipment) These provisions shall be consistent with the off-site disposal requirements of CERCLA sect 121(d)(3) RCRA and applicable state laws The Performing Respondent or their authorized representative or another party acceptable to EPA and MEDEP shall be identified as the generator of wastes for the purpose of regulatory or policy compliance
Attachment D - 1
9 provide a description of the project staff and communication strategy
10 provide the mechanism for identifying and notifying EPA and MEDEP of non-conformance with the design and ixeld change requests and
11 provide traffic controls and community notification strategy
Attachment D - 2
Administrative Order By Concent for Removal Action Saco Municipal Landfill Superfund Site Page ii
XIX CONFIDENTIALITY CLAIMS 47
XX SITE ACCESS 48
XXI ENDANGERMENT AND EMERGENCY RESPONSE 50
XXII ADDITIONAL RESPONSE ACTIONS 52
XXIII OFF-SITE POLICY 53
XXIV OTHER APPLICABLE LAWS 55
XXV COMMUNITY RELATIONS 56
XXVI FINANCIAL ASSURANCE INSURANCE 56
XXVII REIMBURSEMENT OF EPA EXTRAORDINARY RESPONSE COSTS 58
XXVIII FORCE MAJEURE 62
XXIX DISPUTE RESOLUTION 65
XXX STIPULATED PENALTIES 67
XXXI PAYMENT BY NON-PERFORMING PARTIES 72
XXXII CIVIL PENALTIES FOR NONCOMPLIANCEENFORCEMENT 73
XXXIII COVENANT NOT TO SUE DENIAL OF LIABILITY 73
XXXIV CONTRIBUTION PROTECTION 78
XXXV EPAS AND THE STATES RESERVATION OF RIGHTS 78
XXXVI RESPONDENTS COVENANT NOT TO SUE 82
XXXVII RESPONDENTS RESERVATION OF RIGHTS 83
XXXVIII OTHER CLAIMS 85
XXXIX INDEMNIFICATION 86
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page iii
XXXX WAIVER OF SETTLEMENT CONFERENCE 87
XXXXI MODIFICATION OF ORDER 87
XXXXII SEPARATE DOCUMENTS 88
XXXXIII EFFECTIVE DATE 88
XXXXIV TERMINATION 88
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 1
I JURISDICTION
1 This Administrative Order by Consent for Removal Action is
entered into voluntarily by and between the United States
Environmental Protection Agency (EPA) the State of Maine and
all of the Respondents listed in the caption above (hereinafter
the Respondents) This Order concerns the performance of the
Removal Action in connection with the Superfund Site known as the
Saco Municipal Landfill Site (the Site) in Saco York County
Maine This Order is issued pursuant to the authority vested in
the President of the United States by Sections 104(a) 106(a) and
122(a) of the Comprehensive Environmental Response Compensation
and Liability Act as amended (CERCLA) 42 USC sectsect 9604(a)
9606(a) and 9622(a) These authorities were delegated to the
Administrator of EPA on January 23 1987 by Executive Order
12580 52 Fed Reg 2926 (January 29 1987) and further
delegated to the EPA Region I Regional Administrator on
September 13 1987 by EPA delegation Nos 14-14-A and 14-14-C
and further delegated to the Director of the Office of Site
Remediation and Restoration Director This Administrative Order
by Consent is also issued pursuant to the authority vested in the
Commissioner of the Maine DEP by the Maine Uncontrolled Hazardous
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sita Page 2
Substance Sites Law 38 MRSA sect 1365(1) amp (2) (1989 amp Suf j
1997) The Respondents agree not to contest the authority or
jurisdiction of the EPA Regional Administrator the State of
Maine or their delegatees to issue this Order in any subsequent
proceeding to enforce the terms of this Order
2 EPA notified the Federal Natural Resource Trustees of
this action on September 23 1996 pursuant to Section 122(j) of
CERCLA 42 USC sect 9622(j)
II PARTIES BOUND
3 This Order shall apply to and be binding upon EPA the
State of Maine and the Respondents their successors and
assigns and upon all persons contractors and consultants whom
the Respondents have authorized to act on their behalf to perform
Work pursuant to this Order No change or changes in the
ownership or corporate or legal status of any of the Respondents
including but not limited to any transfer of assets or real or
personal property shall in any way alter the Respondents
responsibilities under this Order Each Respondent shall provide
a copy of this Order to any subsequent owners or successors (or
purchasers of all or substantially all assets) before ownership
rights are transferred The signatories to this Order certify
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 3
that they are authorized to execute and legally bind the parties
they represent
4 Any Respondent that owns any portion of the Site shall
at least 30 days prior to the conveyance of any interest in real
property at the Site give written notice that the property is
subject to this Order to the transferee and written notice to EPA
and the State of the proposed conveyance including the name and
address of the transferee
5 The City of Saco (hereafter the City) shall provide a
copy of this Order to all contractors subcontractors
laboratories and consultants retained to conduct any portion of
the Work performed pursuant to this Order within fourteen (14)
days after the effective date of this Order or after the date of
such retention whichever is later Notwithstanding the terms of
any contract the City is responsible for compliance with all
requirements of this Order (except for Paragraph 96 and
obligations arising therefrom) and for ensuring that all persons
contractors sub-contractors agents and consultants whom the
City has authorized to act on its behalf comply with this Order
In the event of conflict between this Administrative Order by
Consent and any document attached to incorporated into or
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 4
enforceable hereunder the provisions of this Administrative
Order by Consent shall control Any reference herein to the
Work shall mean all activities conducted pursuant to this Order
including but not limited to the Removal Action and all
response actions to be undertaken pursuant to the Action
Memorandum for a Non-Time-Critical Removal Action at the Site
except those activities required by Section XVIII (Record
Preservation) and Paragraph 96 (Payment by Non-Performing
Respondents)
III DEFINITIONS
6 Unless otherwise expressly provided herein terms used
in this Order 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 Order or in the appendices attached hereto and
incorporated hereunder the following definitions shall apply
a Action Memorandum shall mean the EPA Action
Memorandum relating to the Saco Municipal Landfill Site
signed on September 23 1996 by the Director of the Office
of Site Remediation and Restoration (OSRR) EPA Region I
as amended and all attachments thereto
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 5
b Cost Recovery Administrative Agreement shall mea the
Cost Recovery Administrative Agreement Docket No CERCLA shy
1-97-1010 entered by the Respondents and EPA
c Day shall mean a calendar day unless expressly stated
to be a working day or unless the reference is to a period
of ten (10) days or less in which case intervening weekend
days and legal federal holidays shall not be counted in
determining dates In all other instances of computing any
period of time under this Order 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 Working day shall mean a day other than a Saturday
Sunday or federal holiday
d Deliverable shall mean any contract deliverable
plan report notice specification schedule or other item
or document required to be submitted by the City pursuant to
the Order or Statement of Work
e EPA Approval or EPA Review and Approval shall mean
the procedures specified in Section XIVA of this Order
Administrative Order By Consent for Removal Action Saco Municipal Landfill Super-fund Site Page 6
f Extraordinary Response Costs shall mean any costo EPA
or the Maine DEP incur pursuant to Paragraphs 52d 65 69
102 and 104
g Landfill shall mean the Saco Municipal Landfill
which is owned by the City and comprised of four waste
disposal areas (identified as Areas 1 2 3 and 4 in
Appendix A) situated on the 90 acre Landfill Parcel located
on Foss Road in Saco York County Maine owned by the City
h Landfill Parcel shall mean the 90 acre parcel of land
owned by the City on Foss Road in Saco York County Maine
upon which the Landfill is situated
i National Contingency Plan or NCP shall mean the
National Oil and Hazardous Substances Pollution Contingency
Plan promulgated pursuant to Section 105 of CERCLA 42
USC sect 9605 codified at 40 CFR Part 300 and any
amendments thereto
j NTCRA shall mean the Non-Time-Critical Removal Action
undertaken pursuant to this Order
k Order shall mean this Administrative Order by
Consent the Statement of Work (SOW) and any other
appendices or attachments thereto including any future
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 7
modifications as provided by the terms of this
Administrative Order by Consent as may be added hereafter
including (upon EPA Approval or the Citys Certification)
any Deliverables required by this Order such Deliverables
shall be incorporated into and enforceable under this Order
upon EPA Approval or the Citys Certification
1 Oversight Costs shall mean all costs including but
not limited to direct and indirect costs not inconsistent
with the NCP that EPA the Department of Justice or the
State of Maine incur after the effective date of this Order
in overseeing this Order and the Cost Recovery
Administrative Agreement including costs incurred for
negotiating amendments to these instruments- costs incurred
for reviewing or developing plans reports and other items
in connection with this Order costs incurred for overseeing
actions undertaken by the City at the Site pursuant to this
Order including but not limited to payroll costs
contractor costs travel costs and laboratory costs- any
payments tc the State through a cooperative agreement lt~osts
incurred by EPA under or in connection with a contract or
arrangement between EPA and a qualified person to assist EPA
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 8
in overseeing and reviewing the conduct of activities
required under this Order costs of contractors hired by EPA
and other federal agencies to assist in the evaluation of
Respondents Work under this Order costs related to
community relationsinvolvement and any Interest accruing
from the date payment for such costs is due Extraordinary
Response Costs shall be excluded from the definition of
Oversight Costs
m Paragraph shall mean a portion of this Order
identified by an Arabic numeral or an upper case letter
n Parties shall mean EPA the State of Maine and the
Respondents
o Past Response Costs shall mean all costs including
but not limited to direct and indirect costs that EPA the
US Department of Justice or the State of Maine incurred
at the Site or in connection with the Site through the
effective date of this Order plus accrued Interest on all
such costs through such date
p Post-Removal Site Control shall mean those activities
necessary to maintain the effectiveness and integrity of the
NTCRA
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 9
q Prior MEDEP Orders and Consent Decrees shall meai The
1970 Consent Agreement and Order issued by the MEDEP to the
City the 1981 Administrative Consent Agreement and
Enforcement Order issued by MEDEP to the City the 1984
Consent Decree entered by the MEDEP and the City the 1986
First Amendment to the 1984 Consent Decree the 1987 Consent
Decree between the MEDEP and the City and all other
administrative orders and consent decrees related to the
Site issued by the MEDEP to the City prior to the effective
date of this Order
r Removal Action shall mean all activities that the
Respondents are required to perform under this Order
including but not limited to all response actions to be
undertaken pursuant to the Action Memorandum for a Non-Time
Critical Removal Action at the Site dated September 23
1996 except those activities required by Section XVIII
(Record Preservation) and Paragraph 96 (Payment by Non-
Performing Respondents)
s Response Costs shall mean all costs including but
not limited to direct and indirect costs plus Interest on
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 10
all such costs that EPA the US Department of Justice or
the State of Maine incur in connection this Order
t Performing Respondent shall mean the City of Saco
Maine
u Performing Respondents Certification shall mean the
procedures specified in Section XIVB of this Order
v Non-Performing Respondents shall mean those parties
identified in Paragraph 12
w RIFS Order shall mean the Administrative Order by
Consent for Remedial InvestigationFeasibility Study EPA
Region I CERCLA Docket No I-CERCLA-95-1069
x RIFS Response Costs shall mean those costs
including but not limited to direct and indirect costs that
EPA the US Department of Justice or the State of Maine
incurred or will incur in connection with the RIFS Order
plus accrued Interest on all such costs
y RFC shall mean the Citys Project Coordinator
z RPM shall mean EPAs Remedial Project Manager
aa Section shall mean a portion of this Order identified
by a Roman numeral
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 11
bb Site shall mean the Saco Municipal Landfill Supe fund
Site encompassing the Landfill the Landfill Parcel and
all other areas where hazardous substances migrating from
the Landfill have come to be located and all areas in
proximity to the hazardous substances necessary for
implementation of the response action
cc State shall mean the State of Maine including MEDEP
dd Statement of Work or SOW shall mean the statement
of work for the design and implementation of the Removal
Action as set forth in Appendix B to this Order any
modifications made in accordance with this Order and any
attachments to the SOW
ee MEDEP or Maine DEP shall mean the State of Maine
Department of Environmental Protection and any predecessor
or successor departments or agencies of the State
IV EPAS AND MAINE PEPS FINDINGS OF FACT
Site Description and History
7 The Site is in a rural residential area Wooded areas
surround the Site in all directions with the exception of an
open sand and gravel quarry to the southeast private residences
are located to the north and east The closest residence is
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 12
approximately 1000 feet northeast of the entrance to the
landfill In 1975 a waterline extension for the Biddeford and
Saco Water Company was installed along Buxton Road which is to
the east of the Site north to the Louden Road that services
many of the private residences in the area
8 The City of Saco operated the Landfill from 1963 until
approximately 1988 Solid wastes commercial wastes and
industrial wastes were disposed of at the Landfill In 1987 the
City of Saco began operating and continues to operate a
transfer station and compost area near the northern perimeter of
the Landfill Parcel and to the west of Foss Road The transfer
station receives and temporarily stores demolition debris wood
waste and white goods prior to off-site disposal The Landfill
is comprised of four distinct waste deposition areas (Areas 1 2
3 and 4) A brook known as Sandy Brook flows northwest to
southeast through the Landfill Parcel with Landfill Areas 1 and
2 to the east and Areas 3 and 4 to the west of Sandy Brook
9 Following reports of ground water and surface water
contamination from leachate from the Landfill the Maine DEP
began investigating the Site in 1974 A 1974 report by a
consultant for the City of Saco identified leachate originating
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 13
from Area 1 at the Landfill as a source of contamination and a
1975-1976 report recommended capping Area 1 to prevent continued
leachate generation Further studies by other consultants as
well as by the Maine DEP and EPA identified volatile organic
compounds metals and semi-volatile compounds including but not
limited to acetone bis (2-ethylhexyl) phthalate chromium 11shy
dichloroethane iron lead manganese methyl ethyl ketone and
toluene in the leachate ground water andor surface water at
the Site at the time of the additional studies
10a In February 1976 the Maine DEP issued a Consent
Agreement and Order (Consent Order) to the City of Saco to
abate leachate migration from the Landfill Pursuant to the
Consent Order the City of Saco regraded Area 1 and covered it
with a clay cap in the fall of 1976 In September 1981 the
Maine DEP issued-an Administrative Consent Agreement and
Enforcement Order to the City of Saco requiring submittal of a
closure plan for the entire Landfill The City of Saco submitted
a closure plan to the Maine DEP in March and November 1984
Following Maine DEP approval of the submitted plan the Maine DEP
and the City of Saco entered into a Consent Decree effective
December 31 1984 under which the City of Saco agreed to perform
Administrative Order By Conaent for Removal Action Saco Municipal Landfill Super-fund Site Page 14
the closure plan for the Landfill Pursuant to the approved
closure plan the City of Saco installed a leachate recirculation
system in Area 2 and covered this area of the Landfill with a
clay cap In addition in a separate action from 1985 to 1991
the City of Saco allowed the temporary storage of solid waste
from Nike Inc in Area 3 which was later sent off-site for
incineration Area 4 of the Landfill has been graded and is
covered with a thin layer of soil
b A number of monitoring efforts at the Site have
been undertaken by the City of Saco and others In 1980 34
private wells located near the Site were sampled In 1984 the
City of Saco contracted with Dubois amp King which installed 24
additional monitoring wells conducted sampling of groundwater
surface water off-site residential wells and ponds and
initiated quarterly sampling In 1987-1988 the City of Saco
contracted with Balsam Environmental Consultants to conduct
sampling of groundwater surface water and leachate in
preparation for Landfill closure activities In 1989 Balsam
evaluated the existing monitoring well network and submitted a
Remedial Investigation Plan
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 15
c From September 1992-April 1994 Halliburton NUS
Corporation provided technical assistance to EPA conducted a
Limited Field Investigation under EPA oversight and prepared a
Final Site Summary Report regarding the Site In 1993-1994 the
US Geological Survey under an Interagency Agreement with the
EPA conducted a detailed geologichydrogeologic review of the
Site and installed monitoring wells performed numerous
geophysical analyses and monitored and sampled surface water
B Performing Respondent
11 The City of Saco is a municipality which currently owns
the Landfill Parcel and the Landfill and owned the landfill
Parcel and the Landfill during the time of disposal of hazardous
substances at the Landfill The City also operated the Landfill
during the time of disposal of hazardous substances at the
Landfill either directly or through a contractor The City of
Saco typically provided trash removal services for residential
and non-industrial commercial entities Industrial entities
handled their own waste hauling to the Landfill
C Non-Performing Respondents
12 The following parties are Non-Performing Respondents
Robus Leather Corporation fka George Newman amp Company
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 16
successor by merger to Biddeford Industries Inc a corporation
under the law of the State of Ohio CL Hauthaway amp Sons Corp
a corporation under the law of the Commonwealth of Massachusettsshy
Gabriel Electronics Incorporated a corporation under the law of
the State of Maine Litton Industries Inc a corporation under
the law c_ the State of Delaware- Lyn-Flex Industries an
unincorporated division of Der-Tex Corporation a corporation
under the law of the Commonwealth of Massachusetts Millipore
Corporation a corporation under the law of the Commonwealth of
Massachusetts Nike Inc a corporation under the law of the
State of Oregon ZENECA Inc a corporation under the law of the
State of Delaware Saco Defense Inc a corporation under the law
of the State of Delaware Bemis Company Inc a corporation
under the law of the State of Missouri and Champion
International Corporation a corporation under the law of the
State of New York EPA and Maine DEP allege that each Non-
Performing Respondent arranged by contract agreement or
otherwise for the disposal or treatment of hazardous substances
at the Landfill andor accepted or
had a corporate relationship with a person that accepted
hazardous substances for transport to the Landfill
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 17
C Environmental Status of Site
13 Beginning in the mid-1970s individuals residing near
the Site reported water quality concerns regarding their drinking
water wells To address these concerns the municipal water
supply was extended along Buxton Road (Route 112) in 1975
14 Based upon the hazardous substance releases detected
during EPA MEDEP and City of Saco investigations at the Site
and other information available to EPA regarding disposal of
hazardous substances by industrial generators at the Landfill
and pursuant to Section 105(a)(8)(B) of CERCLA 42 USC
sect 9605(a)(8)(B) the Site was proposed for inclusion on the
National Priorities List (NPL) published by the Administrator
of EPA in the Federal Register on June 24 1988 (NPL Update 7
53 Fed Reg 23988-98) The Site was listed for final inclusion
on the NPL on February 21 1990 (NPL Final Rule Update 7 55
Fed Reg 6154)
15 EPA MEDEP and the City of Saco have entered into the
Administrative Order by Consent for Remedial Investigation
Feasibility Study US EPA Region I CERCLA Docket No I-CERCLAshy
95-1069 (RIFS Order) in order to fully investigate the release
or threat of release of hazardous substances at the Site The
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 18
RIFS Order became effective on October 2 1995 The Remedial
Investigation and Feasibility (RIFS) Study is still in
progress
16 The RIFS and earlier investigations have revealed that
the landfill waste material is the source of hazardous substances
migrating to the underlying soils groundwater sediments and
surface water Hazardous substances were detected in groundwater
monitoring wells adjacent to and downgradient of the Site
indicating that hazardous substances have migrated from the Site
into the overburden groundwater which discharges to Sandy Brook
Groundwater data indicates that hazardous substances including
but not limited to arsenic manganese vinyl chloride benzene
and bis(2-ethylhexyl)phthalate are present at concentrations
above the maximum contaminant levels established under the
federal Safe Drinking Water Act and the Maine Maximum Exposure
Guidelines In addition hazardous substances from the Site have
accumulated in the sediments of leachate seeps adjacent to Sandy
Brook The level of arsenic in one leachate seep adjacent to
Sandy Brook is over 200 times the National Oceanic and
Atmospheric Effects Range-Low concentrations for sediments (NOAA
ER-L)
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 19
17 On June 6 1996 EPA issued an Engineering
EvaluationCost Analysis (EECA) Approval Memorandum for the
Site In this memorandum EPA concludes that a CERCLA Non-Time-
Critical Removal Action is necessary and appropriate to control
the source of hazardous substance releases at the Site and
authorizes the undertaking of an EECA study to evaluate various
response options On July 26 1996 EPA approved the EECA
Report prepared by the City of Saco pursuant to the RIFS Order
18 On September 23 1996 the Director of OSRR EPA Region
I signed an Action Memorandum for a Non-Time-Critical Removal
Action at the Site In order to control and contain the release
of hazardous substances from Areas 3 and 4 of the Saco Municipal
Landfill Site the Action Memorandum calls for excavation of
groundwater seep sediments with arsenic concentrations above 19
mgkg the construction of a multi-layer landfill cap
institutional controls long-term monitoring and Post-Removal
Site Control (operation and maintenance) of the cap and
monitoring wells
D Endangerment and Response
19 The primary route by which human populations could be
exposed to hazardous substances migrating from the Site is
Administrative Order By Concent for Removal Action Saeo Municipal Landfill Superfund Site Page 20
ingestion of groundwater in the vicinity of Areas 3 and 4 At
present no residents living near the Site are known to be
consuming impacted groundwater However the potential exists
for new residences to be located (with associated drinking water
wells) near the Site
20 Due to ongoing weather conditions water infiltrates
the landfill waste material and underlying soils causing the
leaching of hazardous substances to the groundwater and the
migration of such substances through the groundwater An
exposure pathway potentially exists therefore through the
ingestion of water from a drinking water well installed in the
groundwater impacted by the hazardous substances
21 A risk evaluation performed for the EECA Approval Memo
concludes that there is an unacceptable cancer and non-cancer
risk from exposure to substances in the groundwater including
those hazardous substances listed in Paragraph 9 above The
cumulative excess cancer risk resulting from ingestion of
groundwater by a future user is estimated as 1 x 10~2 for the
reasonable maximum exposed individual and 91 x 104 for the
average exposed individual These levels exceed the highest
acceptable level of risk (1 x 10) established by EPA under the
Administrative Order By Convent for Removal Action Saoo Municipal Landfill Superfund Site Page 21
National Contingency Plan The hazard index which is an
expression of the potential noncarcinogenic effects (eg liver
damage) of the hazardous substances is estimated as 64 for the
reasonable maximum exposed individual and 22 for the average
exposed individual A hazard index significantly greater than
one is considered to pose an unacceptable risk
22 The EECA Approval Memo risk evaluation also identified
an unacceptable risk from human exposure to the maximum
concentrations of arsenic in the groundwater seeps and an
unacceptable non-cancer risk from human exposure to chromium in
the soils adjacent to Area 3
23 An ecological risk was also identified by the EECA
Approval Memo risk evaluation Iron concentrations in Sandy
Brook were up to 18 times the ambient water quality criteria and
arsenic concentrations in Sandy Brook sediments and the
groundwater seep sediments were 138 times the NOAA ER-L
24 The Removal Action specified in the Action Memorandum
signed by the Director of OSRR EPA Region I on September 23
1996 and as detailed in the Order and SOW is designed to
control the actual or threatened release of hazardous substances
into the groundwater air surface water and sediments and
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 22
thereby prevent minimize andor mitigate the imminent and
substantial endangerment to the public health or welfare or the
environment posed by the actual or potential releases of
hazardous substances from the Landfill
V EPAS AND MAINE PEPS DETERMINATIONS
Based on the Findings of Fact set forth above and the
administrative record supporting the Removal Action EPA and the
Maine DEP have determined that
25 The Saco Municipal Landfill Superfund Site is a
facility as defined by Section 101(9) of CERCLA 42 USC
sect 9601(9) and an uncontrolled hazardous substance site within
the meaning of the Maine Uncontrolled Sites Law 38 MRSA
sect 1362(3) (1989 amp Supp 1997)
26 The hazardous substances found at the Site as
identified in the Findings of Fact above include hazardous
substance(s) as defined by Section 101(14) of CERCLA 42 USC
sect 9601(14) and the Maine Uncontrolled Sites Law 38 MRSA
sect 1362(1) (1989 amp Supp 1997)
27 Each Respondent is a person as defined by Section
101(21) of CERCLA 42 USC sect 9601(21)
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 23
28 Each Respondent is a liable party within the meaning of
Section 107(a) of CERCLA 42 USC sect 9607(a) and a responsible
party within the meaning of the Maine Uncontrolled Hazardous
Substances Sites Law 38 MRSA sect 1362(2) (1989 amp Supp 1997)
29 The conditions described in the Findings of Fact above
constitute an actual or threatened release of a hazardous
substance from the facility into the environment as defined by
Section 101(8) and (22) of CERCLA 42 USC sect 9601(8) and (22)
30 The conditions present at the Site may constitute a
threat to public health welfare andor the environment based
upon the factors set forth in Section 300415(b)(2) of the
National Contingency Plan 40 CFR sect 300415(b)(2)
31 The actual or threatened release of hazardous
substances from the Site may present an imminent and substantial
endangerment to the public health welfare or the environment
within the meaning of Section 106(a) of CERCLA 42 USC
sect 9606(a) and may constitute threats or hazards posed or
potentially posed by an uncontrolled site within the meaning of
the Maine Uncontrolled Sites Law 38 MRSA sect 1364 (1989 amp
Supp 1997)
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 24
32 In order to protect the public health and welfare and
the environment and prevent the further release or threat of
release of hazardous substances in at or from the Site a
Removal Action is necessary and appropriate The Removal Action
will consist of implementation of this Order and SOW The SOW is
designed to prevent minimize andor mitigate damage to the
public health or welfare or the environment which may otherwise
result from the release or threat of release of hazardous
substances and was developed in accordance with the criteria set
forth at Section 300415 of the NCP 40 CFR sect 300415 The
Removal Action is not inconsistent with the NCP and CERCLA
33 Despite the Non-Performing Respondents agreement to
make payments to be used for performance of the Work and the
Performing Respondents agreement to perform Work under this
Order Respondents do not admit any of the factual or legal
determinations made by EPA and Maine DEP Respondents agreement
to this Order shall not be construed to be an acknowledgment that
the release or threatened release constitutes an imminent and
substantial endangerment to the public health or welfare or the
environment Except as otherwise provided in the Federal Rules
of Evidence and other than in proceedings to enforce i) this
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 25
Order ii) any agreement between and amonc e Performing
Respondent and Non-Performing Respondents regarding the Site or
iii) a judgment relating to this Order or any such agreement
Respondents participation in this settlement shall not be
considered an admission of liability for any purpose and the
fact of such participation shall not be admissible in any
judicial or administrative proceeding
VI ORDER
34 Based upon EPAs and MEDEPs jurisdiction the Findings
of Fact and Determinations set forth above and the
administrative record supporting the Removal Action EPA and the
Maine DEP hereby order and the Parties hereby agree that the
Respondents as required herein shall comply with the provisions
of this Order and SOW and perform all actions required by the
terms and conditions of this Order and SOW
VII REMOVAL WORK TO BE PERFORMED COMPLETION OF WORK
35 Upon the effective date of this Order the City shall
perform the Work detailed in the SOW to perform the Removal
Action and meet the performance standards specified in the Action
Memorandum and the SOW The Parties agree that the SOW is
consistent with the Action Memorandum Notwithstanding any
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 26
determination that EPA may make under Paragraph 70 cpound this Order
that additional response actions are necessary to attain the
performance standards specified in the Action Memorandum
compliance with the Work requirements specified in the SOW shall
constitute compliance with the Citys obligation to perform the
Work required by this Paragraph (Paragraph 35) If the SOW must
be modified to ensure that the City meets the performance
standards specified in the Action Memorandum and the SOW the
City must thereafter complete the Work required by the SOW as
modified As specified in the SOW the Removal Action will
generally consist of (i) excavation of all sediments in the
groundwater seep adjacent to Sandy Brook having an arsenic
concentration above 19 mgkg (ii) the design and construction of
a multi-layer low hydraulic conductivity cap over the landfill
(iii) long-term monitoring of the groundwater surface water and
sediments (iv) Post-Removal Site Control and (v) institutional
controls including deed restrictions andor other controls to
prohibit the future use of the Site in any manner that would
compromise the integrity of the cap and its related systems
36 The City shall conduct as necessary Post-Removal Site
Control at the Site in accordance with the SOW All activities
Administrative Order By Connent for Removal Action Saco Municipal Landfill Superfund Site Page 27
performed by the City shall be conducted in accordance with
CERCLA the NCP applicable guidance documents specified by EPA
in the SOW and the provisions of this Order including any
standards specifications and time schedules contained in the
SOW (as such may be amended) and its attachments
37 Pursuant to the schedule in Attachment A to the SOW
the City shall submit for EPA Approval the Final Demonstration of
Compliance and Completion of Removal Action Report (the Final
Completion of Removal Action Report) The Final Completion of
Removal Action Report shall conform to the requirements specified
in the SOW The Final Completion of Removal Action Report shall
also include the following certification signed by the Citys
Project Coordinator or a responsible City official
On behalf of the City for whom I have the authority to make this certification I certify that to the best of my knowledge after appropriate inquiries of relevant persons involved in the preparation of the Report the information submitted 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
38 If EPA after reasonable opportunity for review and
comment by the State determines that the construction portion of
the Removal Action has been fully performed in accordance with
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superpoundund Site Page 28
this Order (with the exception of continuing obligations required
by this Order including without limitation Post-Removal Site
Control long-term monitoring and record preservation) and that
the performance standards specified in the Action Memorandum and
the SOW have been achieved EPA will provide written notice to
the City If EPA after reasonable opportunity for review and
comment by the State determines that all activities have not
been completed in accordance with the provisions of this Order
it will so notify the City and provide a list of the tasks
remaining and a schedule for their completion Subject to the
Citys right to invoke Dispute Resolution the City shall perform
all remaining tasks and shall submit an amended Final Completion
of Removal Action Report in accordance with the EPA notice
VIII COORDINATION AND COOPERATION WITH OTHER RESPONSE ACTIONS
39 The Parties recognize that (i) the City of Saco is
currently performing an RIFS at the Site (ii) EPA intends
after reasonable opportunity for review and comment by the Maine
DEP to select a final remedial action for the Site following
completion of the RIFS and (iii) the design andor construction
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Superfund Site Page 29
of a future remedial action may be performed concurrently with
the Citys performance of portions of the Removal Action
40 The City shall coordinate and cooperate fully with EPA
the State and any other person conducting future response
actions at the Site under EPA or State supervision The City
shall not interfere with or hinder the performance of future
response actions nor take any actions inconsistent with the
performance of any future response actions Further the City
shall provide such assistance and information as EPA deems
necessary to ensure the smooth transfer of the operation and
maintenance of the landfill systems to EPA and any other person
conducting future response actions at the Site under EPA or State
supervision if such becomes necessary
IX ENSftlt3EMTiTJT 9F THE CITYS CONSULTANT AND CONTRACTOR AND PROJECT COORDINATOR
41 The City has selected a qualified Consultant (the
Consultant) Woodard and Curran Inc to perform engineering
consulting work including cap design required under this Order
Additional technical activities including cap construction will
be performed by a contractor yet to be selected The Consultant
and contractor shall employ key personnel dedicated to the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 30
Removal Action that shall have a minimum of five (5) years of
direct experience in performing response actions at hazardous
waste sites Subcontractors retained by the Consultant or
contractor shall contribute no more than fifty percent (50) of
the total work to be conducted under the agreement between the
City and the Consultant All work performed by said Consultant
and contractor pursuant to this Order shall be unde^ the general
direction and supervision of a qualified individual with
expertise in hazardous waste site cleanup The contractor shall
employ such professional staff and shall contract with
appropriate subcontractors sufficient to perform the Removal
Action prior to engagement by the City
42 The City shall provide written notice to EPA and the
Maine DEP within ten (10) days after engaging a contractor The
notice shall include a copy of the Citys contract with the
contractor a statement of qualifications identification of
project personnel and language dedicating the specific
professional staff for specific hours devoted to the project
The City shall notify EPA and the Maine DEP regarding the
identity and qualifications of all subcontractors as soon as each
subcontractor is engaged or at least fourteen (14) days prior to
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Superfund Site Page 31
the subcontractors commencement of Site Work whichever occurs
first Notice by the Citys contractor or subcontractor shall be
deemed notice by the City EPA after reasonable opportunity for
review and comment by the Maine DEP shall have the right
subject to the Citys right to invoke Dispute Resolution to
disapprove based on professional qualifications conflicts of
interest andor deficiencies in previous similar work the
Consultant and any contractor or subcontractor or other person
engaged directly or indirectly by the City to conduct the Work
under this Order The City shall not be deemed in violation of
this Order because the Work has been performed by a contractor or
subcontractor or other person engaged directly or indirectly by
the City to conduct the Work under this Order which is
subsequently disapproved by EPA
43 Within fourteen (14) days after the effective date of
this Order the City shall designate a Project Coordinator who
shall be responsible for the administration of all actions called
for by this Order and shall submit the Coordinators name
address and telephone number to EPA and the ^aine DEP Any
subsequent change in the Citys Project Coordinator shall be
accomplished to the extent possible by notifying EPA and the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 32
Maine DEP in writing at least fourteen (14) days prior to the
change The Citys Project Coordinator shall be subject to
disapproval by EPA and shall have the technical expertise
sufficient to adequately oversee all aspects of the work required
under this Order
X DESIGNATION OF GOVERfffMHSITT COORDINATORS
44 EPA will designate a Remedial Project Manager (WRPM)
for administration of its responsibilities for oversight of the
day-to-day activities conducted under the Order and for receipt
of all written matter including deliverables required by the
Order The Maine DEP may designate a Maine DEP Project Manager
for the administration of its responsibilities for oversight of
the day-to-day activities conducted under the Order and for
receipt of all written matter including deliverables submitted
to the Maine DEP as required by this Order In addition EPA
will designate a Geographic Section Chief (GSC) who shall have
ultimate responsibility for the approvaldisapproval findings and
comments on Deliverables pursuant to Section XIV of this Order
EPA will submit the name address and telephone number of the
RPM and GSC to the City and the Maine DEP within fourteen (14)
days after the effective date of this Order EPA shall notify
Administrative Order By Consent for Removal Action Saco Municipal Landfill Suparfund Site Page 33
the City and the Maine DEP in writing of any subsequent changes
in the RPM or GSC
45 The RPM shall have the authority vested in the On-Scene
Coordinator and the Remedial Project Manager by the National
Contingency Plan as amended 40 CFR Part 300 This includes
the authority to halt conduct or direct any tasks required by
this Order andor any response action or portions thereof when
conditions may present an imminent and substantial endangerment
to public health or welfare or the environment The absence of
the EPA RPM from the Site shall not be cause for the City to halt
actions at the Site unless specifically directed by the RPM
XI PLACE AND MANNER OF NOTICE
46 Communications between the City and EPA andor the
Maine DEP and all documents including reports approvals
disapprovals written notice and other correspondence concerning
the activities performed pursuant to the terms and conditions of
this Order shall be directed through the Citys Project
Coordinator the EPA RPM and the Maine DEP Project Manager For
each Deliverable provided to EPA one (I) camera ready (unbound)
original shall be submitted along with such additional copies as
are required by the RPM Additionally two (2) copies shall be
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 34
submitted to the Maine DEP Project Manager along with such
additional copies as the Maine DEP Project Manager may request
All such documents submitted pursuant to this Order shall be sent
by certified mail return receipt requested or by overnight
delivery service or by courier to the EPA RPM and the Maine DEP
Project Manager at the following addresses or to such other
addresses as EPA or the State hereafter may designate in writing
Mary Jane ODonnell Chief MEVTCT Superfund Section US Environmental Protection Agency Office of Site Remediation and Restoration - HBT JFK Federal Building Boston MA 02203
Wilkes Harper Maine DEP Bureau of Remediation and Waste Management 17 State House Station Augusta ME 04333-0017
XII OBSERVATION OF THE CITYS ACTIVITIES
47 The City shall allow the EPA RPM EPA and State
employees (including but not limited to the Maine DEPs Project
Manager) agents consultants contractors and authorized
representatives to observe the Citys Work at the Site in
implementing the Removal Action activities pursuant to this
Order All activities under this Order shall comply with the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 35
provisions for respmdash pe action worker safety and health in
29 CFR sect 1910120 EPA and Maine DEP will provide reasonable
notice to the City prior to such observation to the extent
practicable The City shall permit such persons (i) to inspect
and copy all non-privileged records documents files or other
writings that relate in any way to the work at the Site and that
would be available to EPA pursuant to its authority under Section
104(e)(2) of CERCLA (ii) to record all field activities by means
of photographic or other recording equipment (iii) to enter and
to freely move about all property on or about the Site during
field activities and at all other reasonable times (iv) to
conduct such tests as EPA may deem necessary (the results of
which shall be available to the Respondents and (v) to verify
the data submitted to EPA by the City The City shall not assert
privileges with respect to technical data regarding the Site
collected pursuant to any requirement of the RIFS Administrative
Order by Consent this Order or any other EPA or Maine DEP
request
XIII NECESSITY OF FORMAL APPROVAL
48 No informal advice guidance suggestions or comments
whether written or oral by EPA or the Maine DEP regarding
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 36
Deliverables or regarding any orv er written or oral information
submitted by the City to EPA (including any information the City
provides to EPA before during or after meetings) shall be
construed as relieving the City of its obligations to obtain such
formal reviews as may be required by this Order and SOW
XIV DELIVERABLES SUBMITTED TO EPA AND THE MAINE PEP
49 For Deliverables which require EPA Approval as
specified in this Order or the SOW the City shall comply with
the procedures set forth in subsection XIVA below For
Deliverables which require Performing Respondents Certification
as specified in the SOW the City shall comply with the
procedures set forth in subsection XIVB below
50 All Deliverables submitted to EPA and the Maine DEP
shall be delivered to EPA and the Maine DEP in accordance with
the schedule set forth in the SOW or otherwise established under
this Order or as modified in accordance with Section XXXXI All
Deliverables which have not received an Approval or Approval with
Conditions pursuant to subsection XIVA below or which require
the Citys Certification pursuant to subsection XIVB below
shall include the following disclaimer in a prominent location in
the document Disclaimer This document has been prepared by
Administrative Order By Concent for Removal Action Saco Municipal Landfill Superfund Site Page 37
the City pursuant to a government administrative order and has
not received final acceptance from the US Environmental
Protection Agency The opinions findings and conclusions
expressed are those of the authors and not those of the US
Environmental Protection Agency or Maine Department of
Environmental Protection In addition any such Deliverable
which requires EPA Approval pursuant to subsection XIVA below
and which has not received final approval from EPA shall be
marked DRAFT on each page
51 Any Deliverable required by this Order or SOW shall be
incorporated in and become an enforceable part of this Order
upon EPA Approval pursuant to subsection XIVA or upon the
Performing Respondents Certification pursuant to subsection
XIVB whichever applies Delay or noncompliance with such
Deliverables shall be considered delay or noncompliance with
requirements of this Order and the provisions of Section XXX
(Stipulated Penalties) shall apply
A Deliverables Requiring EPA Approval
52 EPA will review each Deliverable which requires EPA
Approval as specified in this Order or Attachment A of the SOW to
determine after reasonable opportunity for review and comment by
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 38
the Maine DEP whether it is consistent wi^b the requirement-^ of
the SOW and the Order and may respond to the City with one or
more of the following findings
a Approval -- means that the City shall proceed with the
next scheduled activity consistent this Order
(including the approved Deliverable)
b Approval with Conditions -- means that the City shall
proceed with the next scheduled activity subject to
certain required modifications or conditions set forth
in the EPA comments In its response EPA will specify
a schedule for resubmitting the Deliverable with the
required modifications or conditions as set forth in
the EPA comments and EPA will specify in writing the
required modifications or conditions If the City
fails to resubmit the Deliverable within the specified
time EPA may order the City to cease work on the
activity or any portion of it until such time as the
modification is made or the condition is met
c Disapproval with Modification Required -- means that
the City shall not proceed until it modifies the
Deliverable to correct the deficiencies delineated in
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 39
EPAs corr(ccergtsl and resubmits the Deliverable for
further EPA review Modifications may be required in
any originally-submitted Deliverable any portions of a
Deliverable or any Deliverable or portion of a
Deliverable resubmitted to EPA EPA will specify a
schedule for resubmitting any Deliverable requiring
modifications
d Disapproval with EPA Modification mdash means that EPA has
determined that it will modify the submission to cure
any deficiencies in the Deliverable andor undertake
the Work or any portion of it itself EPA will include
a brief explanation for its determination within the
Notice of Disapproval with EPA modification The City
agrees to reimburse EPA for the costs of such
modification or such Work undertaken by EPA as
Extraordinary Response Costs pursuant to and subject to
Paragraph 82 of this Order However EPA shall not
modify a submission without first providing the City at
least one notice of deficiency and an opportunity to
cure within seven (7) days of receipt of such notice
except where to do so would cause serious disruption to
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 40
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
53 Any disapproval of a Deliverable will give rise to
stipulated penalties as set out in this Order- stipulated
penalties shall accrue from the time the disapproved Deliverable
was originally due Stipulated penalties shall not be payable
however for Deliverables Disapproved with Modification Required
unless disapproval of a first resubmission is due to a material
defect In the case of Deliverables Disapproved with EPA
Modification pursuant to Paragraph 52d stipulated penalties
shall not continue to accrue after 30 days after the Deliverable
is disapproved except if the City disputes the disapproval in
which case stipulated penalties shall run in accordance with
Section XXX of this Order In the event of a disagreement over
EPAs determination concerning a Deliverable the parties shall
resolve the disagreement in accordance with the Dispute
Resolution Section (Section XXIX) of this Order A determination
of Approval or Approval with Conditions shall not be construed to
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 41
mean that EPA concurs with all conclusions methods or
statements in the Deliverables
B Deliverables Requiring Performing Respondents Certification
54 Each Deliverable requiring the Performing Respondents
Certification as specified in Attachment A of the SOW shall be
certified by the City as provided below Upon submittal to EPA
and the Maine DEP the City shall proceed with the next scheduled
activity consistent with each such Deliverable without further
notification or approval by EPA Each such Deliverable shall
include the following certification signed by the Citys Project
Coordinator
On behalf of the City for whom I have the authority to make this certification I certify to the best of my knowledge and professional judgment after appropriate inquiries of relevant persons involved in the preparation of this Deliverable that the guidance documents specified in the SOW which apply to this Deliverable were reviewed in preparation of this Deliverable I further certify that to the best of my knowledge and professional judgment this Deliverable is in accordance with the SOW and the guidance documents specified therein which apply to this Deliverable I am aware that the City may be subject to stipulated penalties for submitting a Deliverable that is not in conformance with the SOW and the guidance documents specified therein which apply to this Deliverable
55 EPA at its discretion may provide comments to the
City concerning any Deliverable requiring the Performing
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Suparfund Site Page 42
Respondents Certification and after reasonable opportunity for
review and comment by the State may disapprove the Deliverable
and notify the City of deficiencies in writing Upon receipt of
a notice of disapproval with deficiencies the City shall suspend
performance of all action required by the Deliverable and shall
correct the deficiencies and resubmit the Deliverable within
thirty (30) days or such other time period specified by EPA in
the notice of disapproval Notwithstanding a notice of
disapproval the City shall proceed to take any action required
by any non-deficient portion of the Deliverable If EPA
disapproves the Deliverable as resubmitted the City shall be in
violation of the Order and the provisions of Section XXX
(Stipulated Penalties) shall apply
XV MONTHLY PROGRESS REPORTS AND MEETINGS
56 The City shall provide monthly written progress reports
(Progress Reports) to EPA and the Maine DEP as specified in
the SOW Meetings between the RPM the Maine DEP the RPC and
the Consultant may be held at least once per month at the EPA
office in Boston unless EPA designates another location or
determines that a monthly meeting is not required for a
particular month The City id the Consultant and contractor
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 43
engaged to perform the Work under this Order shall also meet with
and make formal presentations to EPA at the completion of major
components of the Removal Action as specified by the EPA RPM
After completion of all construction activities the City may
upon EPA approval reduce the frequency of submission of the
monthly Progress Reports
57 The City shall submit in its monthly progress reports a
summary of results of sampling andor tests and other data
generated by the City by its Consultant and contractor or on
the Citys behalf in the course of implementation of the Order
The City shall furnish the full results and any underlying
documentation to EPA upon request
XVI QUALITY ASSURANCEQUALITY CONTROL
HEALTH AND SAFETY COMPLIANCE
58 While conducting sample collection sample analysis
and construction activities required by this Order the City
shall use quality assurance quality control and chain of
custody procedures in accordance with EPAs Interim Guidelines
and Specifications for Preparing Quality Assurance Project Plan
(December 1980 QAMS-00580) Data Quality Objective Guidance
(EPA540G87003 and 004) subsequent amendments to such
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 44
guidelines the Quality Assurance Project Plan (QAPP) approved
under the RIFS Order and additional quality assurance
procedures for construction activities required in the SOW
59 The City shall prepare a Health and Safety Plan as
required and described in the SOW The Health and Safety Plan
shall be consistent with and implement standards promulgated by
the Secretary of Labor pursuant to CERCLA and Section 6 of the
Occupational Safety and Health Act of 1970
XVII SPLIT SAMPLING
60 At the request of EPA or the Maine DEP the City shall
provide split or duplicate samples to EPA and the Maine DEP or
their authorized representatives of any samples collected by the
City pursuant to the implementation of this Order Similarly
the City shall allow such split or duplicate samples to be taken
by EPA the Maine DEP andor their authorized representatives
The City shall notify EPA and the Maine DEP not less than thirty
(30) days or such lesser time as approved by the EPA RPM in
advance of any sample collection activity Not less than twenty-
one (21) days in advance of sample collection or such lesser
time as approved by the RPM the City shall notify EPA and the
Maine DEP of the sampling date sampling media and the number of
Administrative Order By Convent for Removal Action Saco Hunicipal Landfill Superfund Site Page 45
samples from each media EPA and the Maine DEP shall conduct any
sampling activities in a reasonable manner Upon request EPA
and the Maine DEP shall allow the City to take split or duplicate
samples of any samples they collect as part of their oversight of
the Citys implementation of the Work
XVIII RECORD PRESERVATION
61 During the pendency of this Order and for a period of
not less than six (6) years after EPA approval of the Final
Completion of Removal Action Report the Respondents shall
preserve all records and documents in their possession which
relate in any way to the performance of activities required under
this Order notwithstanding any document retention policy to the
contrary provided that this Paragraph shall not apply to copies
of documents that are generated by the City EPA or the State of
Maine related to this Order that are in the custody of any Non-
Performing Respondent This Paragraph does not alter the
document retention requirements of the RIFS Order and the Cost
Recovery Administrative Agreement The City shall instruct its
consultants contractors and agents to preserve all records and
documents in their possession which relate to the performance of
the activities required under this Order At the conclusion of
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 46
this document retention period the Respondents shall notify JlPA
and the Maine DEP at least ninety (90) days prior to the
destruction of any such records or documents The Respondents
shall send such notice accompanied by a copy of this Order to
Office of Regional Counsel US Environmental Protection Agency JFK Federal Building Boston MA 02203 Attention Saco Municipal Landfill Superfund Site Re Administrative Order by Consent for Removal Action
and Wilkes Harper Maine DEP Bureau of Remediation and Waste Management 17 State House Station Augusta ME 04333-0017
Upon request by EPA the Respondents shall deliver to EPA any or
all such non-privileged records and documents or copies of any
such non-privileged records and documents The Settling Parties
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 Parties
assert such a privilege they shall provide the EPA with the
following (l) the title of the document record or
information (2) the date of the document record or
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 47
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 Parties However no documents reports or other
information created or generated to meet the requirements of the
Order shall be withheld on the grounds that they are privileged
If EPA does not elect to take delivery of any records or
documents or copies thereof upon request by the Maine DEP the
Respondents shall deliver the requested records and documents or
copies thereof to the Maine DEP If neither EPA nor the Maine
DEP elect to take delivery of any records documents or copies
within 90 days of notice to EPA and the Maine DEP the
Respondents may destroy such records or documents as noticed
XIX CONFIDENTIALITY CLAIMS
62 The City may assert a confidentiality claim if
appropriate covering all or part of the information requested by
this Order pursuant to 40 CFR sect 2203(b) Such an assertion
shall be adequately substantiated when it is made Neither
analytical data nor any information specified in Section
104(e)(7)(F) of CERCLA shall be claimed as confidential by the
Administrative Order By Consent for Removal Action Sm -o Municipal Landfill Suprfund Site Page 48
City Information in EPAs custody which is determined to be
confidential by EPA shall be afforded the protection specified by
40 CFR Part 2 Subpart B and Section 104(e)(7) of CERCLA
Information in MEDEPs custody which is determined to be
confidential by EPA shall be afforded the protection specified by
40 CFR Part 2 Subpart B to the extent provided by applicable
Maine law If no such claim accompanies the information when it
is submitted to EPA and the Maine DEP it may be made available
to the public by EPA and the Maine DEP without further notice to
the City
XX SITE ACCESS
63 The City shall grant access to the Site to EPA and the
Maine DEP and their officers employees agents contractors
consultants and other authorized representatives for purposes of
implementing and monitoring work to be performed urder this
Order during field activities and at all other reasonable times
64 To the extent access to use or ownership of or
easements over property other than the Site is required for the
proper and complete implementation of this Order the City shall
use i_3 best efforts to obtain site access agreements or other
interests in such property within ninety (90) days after the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 49
Orders effective date or within forty-five (45) days of when
EPA and the Maine DEP determine that such access or other
interests become necessary if EPA and Maine DEP first determine
that such access or other interests are necessary after the
effective date of this Order For purposes of this Paragraph
best efforts include but are not limited to providing
reasonable consideration in exchange for access to or other
interests in property
65 Such written access agreements or other interests
obtained pursuant to the preceding Paragraph shall at a minimum
allow the Citys authorized representatives and EPA and the
Maine DEP and their officers employees agents contractors
consultants and other authorized representatives to enter freely
and move about the property during field activities and at all
other reasonable times in order to implement and oversee the
implementation of the Work under this Order consistent with the
other provisions of this Order In the event that the City fails
to obtain any necessary access agreements or other interests
within the time period specified above the City shall notify EPA
and the Maine DEP in writing within five (5) days thereafter
Such notification shall include a description of the efforts made
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 50
by the City to obtain the necessary access and other interests
and the reason for its lack of success The City shall reimburse
EPA for the costs of any action necessary to obtain access as
Extraordinary Response Costs pursuant to and subject to the terms
of Paragraph 82
XXI ENDANGERMENT AND EMERGENCY RESPONSE
66 Upon the occurrence of any event or change of
conditions during implementation of this Order that causes or
threatens any release of hazardous substances pollutants or
contaminants from the Site that endangers the public health
welfare or the environment the City shall immediately take all
appropriate action to prevent abate or minimize such release or
endangerment The City shall also orally notify the EPA and
Maine DEP RPMs within twenty-four (24) hours or in the event of
the EPA RPMs unavailability shall notify within the same period
the Regional Duty Officer of the Emergency Planning and Response
Branch EPA Region I telephone (617) 223-7265 The City shall
act in accordance with all applicable provisions of the Health
and Safety Plan prepared pursuant to the Statement of Work
67 The City shall submit a written report to EPA and the
Maine DEP within seven (7) days after each such event setting
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 51
forth (i) the events that have occurred (ii) the measures caken
and to be taken to mitigate any harm caused or threatened by the
event and (iii) the measures taken and to be taken to prevent
the recurrence of such an event
68 Regardless of whether or not such a report is made to
EPA if EPA determines after reasonable opportunity for review
and comment by the Maine DEP to the extent time permits that
activities in compliance or noncompliance with this Order have
caused or may cause a release of a hazardous substance pollutant
or contaminant that endangers the public health or welfare or the
environment EPA may (i) order the City to stop further
implementation of this Order for such period of time as may be
needed to abate such release or threat (ii) instruct the City to
undertake any action which EPA determines is necessary to abate
such a release or threat andor (iii) undertake any action not
inconsistent with the NCP which EPA determines is necessary to
abate such a release or threat
69 In the event that EPA takes action at the Site to remedy
such a release threat of release or endangerment the City
shall reimburse EPA for the costs of such action not inconsistent
with the NCP as Extraordinary Response Costs pursuant to and
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 52
subject to the terms of Paragraph 82 In the event of a
disagreement between the City and EPA andor the Maine DEP under
this Paragraph the parties shall resolve such dispute in
accordance with the Dispute Resolution provisions in Section
XXIX
XXII ADDITIONAL RESPONSE ACTIONS
70 EPA after reasonable opportunity for review and
comment by the Maine DEP may determine that additional response
actions are necessary to carry out the Removal Action or to meet
the performance standards specified in the Action Memorandum and
the SOW Within 30 days of the Citys receipt of notice from EPA
that additional response actions are necessary (or such longer
time as may be specified by EPA) the City shall submit for EPA
approval after reasonable opportunity for review and comment by
the Maine DEP a work plan for the additional response actions
The plan shall conform to this Order the SOW CERCLA the NCP
and guidance documents identified by EPA Upon EPA approval of
the work plan pursuant to Section XIV (Deliverables Submitted to
EPA) the City shall implement the work plan for additional
response actions in accordance with the schedule contained
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 53
therein All applicable provisions of this Order shall apply to
the performance of additional response actions
71 The City may independently propose that additional
response actions are necessary to carry out the Removal Action or
to meet the performance standards specified in the Action
Memorandum and the SOW In the event EPA after reasonable
opportunity for review and comment by the Maine DEP accepts the
Citys proposal the procedures in the preceding Paragraph shall
govern
72 The City may invoke the procedures set forth in Section
XXIX (Dispute Resolution) to dispute EPAs determination that
additional response actions are necessary to carry out the
Removal Action or to meet the performance standards specified in
the SOW
XXIII OFF-SITE POLICY
73 All hazardous substances pollutants or contaminants
removed off-site pursuant to this Order for treatment storage
or disposal shall be treated stored or disposed of at a
facility in compliance with Section 121(d)(3) of CERCLA as
determined by EPA in accordance with 40 CFR sect 300440 The
removal treatment storage and disposal of all hazardous
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 54
substances pollutants or contaminants she- be in accordancj
with the Maine hazardous waste transportation law to the extent
applicable and all other applicable Maine law
74 The City shall prior to any off-site shipment of
hazardous substances pollutants or contaminants from the Site
pursuant to this Order to an out-of-state waste management
facility provide written notification of such shipment to the
appropriate state environmental official in the receiving
facilitys state and to the EPA RPM and the Maine DEP 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 or where the Maine Hazardous Waste
Management Regulations do not require notification
75 The City shall include in the written notification the
following information (1) the name and location of the facility
to which the hazardous substances pollutants or contaminants
are to be shipped (2) the type and quantity of the hazardous
substances pollutants or contaminants to be shipped (3) the
expected schedule for the shipment and (4) the method of
transportation The City shall notify the state in which the
planned receiving facility is locat d of major changes in the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 55
shipment plan such as a decision to ship the hazardous
substances pollutants or contaminants to another facility within
the same state or to a facility in another state
XXIV OTHER APPLICABLE LAWS
76 Except as otherwise provided pursuant to the next
Paragraph and Section 121(e) of CERCLA all activities undertaken
by the City pursuant to this Order shall be performed in
accordance with the requirements of all applicable federal and
state laws and regulations
77 Solely with regard to on-site activities and in
accordance with 40 CFR sect 300415(i) such activities
undertaken on the Site by the City pursuant to this Order shall
attain applicable or relevant and appropriate requirements
(ARARs) under federal and state environmental laws to the
extent practicable considering the exigencies of the situation
as determined by EPA EPA has determined that the ARARs
specified in the Action Memorandum are practicable to attain for
construction of the landfill cap and sediment removal
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 56
XXV COMMUNITY RELATIONS
78 EPA shall be responsible for preparing a Community
Relations Plan and conducting a community relations program The
City and the Consultant engaged to conduct the Removal Action
under this Order shall consistent with the Community Relations
Plan (i) attend and participate in public meetings regarding
the Site to the extent specified by the RPM (ii) prepare fact
sheets concerning the Site and activities conducted under this
Order for submission to the RPM and (iii) provide timely and
appropriate responses to inquiries from the public at the request
of the RPM
XXVI FINANCIAL ASSURANCE INSURANCE
79 Within thirty (30) days after the effective date of
this Order and annually thereafter until EPA approval of the
Final Completion of Removal Action Report the City shall
demonstrate in writing to EPA that it meets one (1) of the
financial assurance mechanisms specified in 40 CFR sect 264143
for the estimated $60 million cost of work to be performed by
the City under this Order If the City can show that the
estimated cost to complete the remaining Work has diminished
below the total estimated cost of the Work the City may on any
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 57
anniversary date of the effective date of this Order or at any
other time agreed to by the Parties reduce the amount of the
financial assurance provided under this Section to the estimated
cost of the remaining Work to be performed The City shall
submit a proposal for such reduction to EPA and the Maine DEP in
accordance with the requirements of this Section and may reduce
the amount of the assurance upon approval by EPA after reasonable
opportunity for review and comment by the Maine DEP In the
event of a dispute the City may reduce the amount of the
assurance in accordance with the final administrative decision
resolving the dispute under the Dispute Resolution Section
80 At least seven (7) days prior to commencing any on-site
work under this Order the City shall secure through itself or
its consultant and shall maintain for the duration of this
Order comprehensive general liability and automobile insurance
with limits of two (2) million dollars combined single limit
The United States and the Maine DEP shall each be named as an
additional insured for all such insurance policies except
automobile insurance policies Within the same time period the
City shall provide EPA and the Maine DEP with certificates of
such insurance and a copy of each insurance policy If the City
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 58
demonstrates to EPA that any Consultant contractor or
subcontractor maintains insurance equivalent to that described
above or insurance covering the same risks but in a lesser amount
and with EPA and the Maine DEP named as insureds then the City
need provide only that portion of the insurance described above
which is not maintained by the Consultant contractor or
subcontractor
81 For the duration of this Order the City shall satisfy
or shall ensure that its Consultant contractors and
subcontractors satisfy all applicable laws and regulations
regarding workers compensation insurance for all persons
performing the Work on behalf of the City in furtherance of this
Order
XXVII REIMBURSEMENT OF EPA EXTRAORDINARY RESPONSE COSTS
82 The City shall reimburse the Hazardous Substances
Superfund for all Extraordinary Response Costs not inconsistent
with the NCP including interest incurred after the effective
date of this Order by the United States in connection with the
Removal Action or the implementation of this Order pursuant to
Paragraphs 52d 65 69 102 and 104 including without
limitation Extraordinary Response Costs incurred by EPA under or
Administrative Order By Connent for Removal Action Saco Municipal Landfill Superfund Site Page 59
in connection with a contract or arrangement between EPA and a
qualified person to assist EPA in conducting activities required
under this Order pursuant to Paragraphs 52d 65 69 102 and
104 Reimbursable Extraordinary Response Costs shall include all
direct costs related to Paragraphs 52d 65 69 102 and 104 and
all indirect costs related to Paragraphs 52d 65 69 102 and
104 calculated in accordance with EPA policy or EPA regulations
in effect at the time that the costs are incurred including
without limitation time and travel costs of EPA personnel
contractor costs costs under a cooperative agreement costs
related to resolving disputes which arise under this Order
related to Work performed by EPA pursuant to Paragraphs 52d 65
69 102 and 104 enforcing obligations arising from EPAs
performance of Work pursuant to Paragraphs 52d 65 69 102 and
104 of this Order the costs of doing andor redoing any of the
Citys obligations under this Order with respect to Paragraphs
52d 65 69 and 102 of this Order EPA contractor and
cooperative agreement costs related to access and community
relations with respect to Paragraphs 52d 65 69 102 and 104
of this Order and any interest that accrues from the date on
which payment becomes due pursuant to the next Paragraph
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 60
83 On an annual basis EPA will submit to the City an
accounting of costs related to this Order that EPA has incurred
and a bill for Extraordinary Response Costs incurred by EPA with
respect to Paragraphs 52d 65 69 102 and 104 of this Order if
EPA has incurred any such costs This bill will consist of a
line-item summary of costs incurred during the preceding year
the summary will include a breakdown of costs by category
including without limitation payroll travel indirect costs and
contracts and a brief narrative of work related to such costs
(generally one to two paragraphs in length) The City shall
within thirty (30) days after receipt of each such bill remit a
certified check payable to the Hazardous Substances Superfund for
the amount of such bill The City shall include the name of the
Site the Site identification number (01-B9) and the docket
number for this Order on the check and mail the check with a
cover letter to
US Environmental Protection Agency Region I
Attn Superfund Accounting PO Box 360197 M
Pittsburgh PA 15251
A copy of the transmittal letter and the check shall be provided
simultaneously to the EPA Remedial Project Manager
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 61
84 If the City disputes a bill or any portion of a bio1
submitted by EPA the City may initiate dispute resolution
pursuant to the procedures of Section XXIX provided however
that the City notify EPA in writing within thirty (30) days after
receipt of the disputed bill and that the City pay all undisputed
portions of the bill in accordance with the provisions of this
Reimbursement Section Unless a determination is made under
dispute resolution that the City is not obligated to pay the
disputed portion of the bill the time for payment of the
disputed portion shall remain the original payment due date
interest shall accrue on any unpaid portion of the bill from the
original payment due date and EPA may seek stipulated penalties
or otherwise act to enforce the Citys compliance with this
Section and the Order If the City fails to raise a dispute
within thirty (30) days of its receipt of the bill the City
remains obligated for payment of the entire amount of the bill on
the original payment due date interest shall accrue on any
unpaid portion of the bill from the original payment due date
and EPA may seek stipulated penalties or otherwise act to enforce
the Citys compliance with this Section and the Order
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 62
XXVIII FORCE MAJEPRE
85 With respect to the Citys compliance with any deadline
for performance of activities under this Order any interim or
final time deadline or any Deliverables schedule set forth in
this Order or SOW no stipulated penalties or other sanctions
will be imposed for delay directly caused by the following events
which could not have been overcome by the Citys due diligence
(i) an act of God or (ii) the public review and comment process
as described in or required by Sections XXII (Additional Response
Actions) or Section XXV (Community Relations) of this Order so
long as the City timely submits all deliverables and meets other
requirements related to those Sections or (iii) any other event
arising from causes beyond the control of the ity including its
consultants contractors and agents However increases in the
cost of performance of the Removal Action shall not excuse
compliance or affect the applicability of the penalty provisions
or other sanctions which are provided for under this Order
Deadlines for performance of activities under this Order
including interim or final time deadlines and Deliverables
schedules set forth in this Order or SOW may be extended only to
the extent that delays caused by conditions specified in (i)
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 63
(ii) and (iii) above materially interfered with or prevented the
Citys execution of its responsibilities during the period of
such delay and no penalties or sanctions will become due for
activities which meet any deadline so extended The City further
agrees to use its most diligent efforts to minimize any delay
which may result The City acknowledges that it will have the
burden of justifying the rationale for delay in performance under
this Section
86 The City shall orally notify the EPA RPM and the Maine
DEP within forty-eight (48) hours of when the City first knew
that the event might cause a delay and shall identify with
specificity the cause of such delay and the estimated duration of
such delay Within seven (7) days after the City first becomes
aware that such event might cause a delay the City shall supply
to EPA and the Maine DEP in writing an explanation of the
cause(s) of any actual or expected delay or noncompliance the
anticipated duration of any delay the measures taken and to be
taken by the City to prevent or minimize the delay or correct the
noncompliance and the timetable for implementation of such
measures Failure to notify EPA and the Maine DEP shall result
in a waiver of the Citys right to assert that the delay should
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 64
be excused under the terms of this Section for the period of time
of such failure to notify and for any additional delay caused by
such failure The City shall be deemed to know of any
circumstance of which the City any entity controlled by the
City or the Citys contractors or subcontractors knew or should
have known In the event of a disagreement under this Section
the parties shall resolve such disagreement in accordance with
the Dispute Resolution Section of this Order Section XXIX
87 If EPA after reasonable opportunity for review and
comment by the Maine DEP determines that a delay in performance
of a requirement under this Order is or was attributable to an
event specified in (i) through (iii) of Paragraph 85 above the
time period for performance of that requirement shall be extended
by EPA to the extent necessary Such an extension shall not
alter the Citys obligation to perform or complete other tasks
required by the Order which are not directly affected by the
force majeure event If EPA after a reasonable opportunity for
review and comment by the Maine DEP does not agree that the
delay or anticipated delay has been or will be caused by such
an event EPA will notify the City in writing of its decision
If EPA after a reasonable opportunity for review and comments by
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 65
the Maine DEP agrees that the delay is attributable to such an
event EPA will notify the City in writing of the length of the
extension if any for performance of the obligations affected by
the event
XXIX DISPUTE RESOLUTION
88 If the City objects to any EPA notice of disapproval or
decision made pursuant to this Order including any decision
which has resulted in the assessn it of stipulated penalties any
scheduling matter or in the event of circumstances that arise
that are subject to the Citys right to invoke Dispute Resolution
elsewhere in this Order or in the Cost Recovery Administrative
Agreement the City shall notify EPA and the Maine DEP in writing
of its objections within five (5) days of receipt of the notice
decision or other circumstance EPA in consultation with the
Maine DEP and the City shall communicate on the disputed matter
and shall have fourteen (14) days from the receipt by EPA and the
Maine DEP of the notification of objection to reach agreement
If agreement cannot be reached on any issue within this fourteen
(14) day period the City shall have five (5) additional days to
submit its position in writing to the EPA Director of OSRR The
Director of OSRR after reasonable opportunity for review and
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 66
comment by the Maine DEP shall provide a written determination
to the City within five (5) days of receipt of that
determination unless EPA agrees to a later time the City shall
initiate implementation of the activities required by the EPA in
accordance with the schedule provided by EPA which schedule
shall be subject to Dispute Resolution unless it has already
been or could have been subject to Dispute Resolution Except
as specifically provided herein dispute resolution among the
parties shall not be cause for the delay of the Work In
addition stipulated penalties as set out below if applicable
will continue to accrue during the dispute resolution period
except as provided in Paragraphs 94 and 95 No EPA decision made
pursuant to this Paragraph shall constitute a final Agency action
giving rise to judicial review
89 In the event that the City does not implement the
activities required by the EPA determination pursuant to
Paragraph 88 EPA or the Maine DEP may take such enforcement
actions against the City as may be provided by statutory or
equitable authorities including but not limited to the
assessment of such civil penalties or damages as are authorized
by Sections 122 and 109 of CERCLA and Maine law
Administrative Order By Conaent for Removal Action Saco Municipal Landfill Superpoundund Site Page 67
XXX STIPULATED
90 The Respondents shall be liable to EPA and MEDEP for
stipulated penalties in the amounts set forth in this Section for
failure to comply with the requirements of this Order andor the
SOW unless compliance is excused by EPA under Section XXVIII
(Force Majeure) Compliance by the City shall include but not
be limited to the timely and adequate submission of Deliverables
and performance of activities under this Order in accordance with
all applicable requirements of law this Order the SOW and any
Deliverables which have received EPA Approval or the Performing
Respondents Certification pursuant to this Order Compliance
by the Non- Per forming Respondents shall mean timely compliance
with Paragraph 96 of this Order
91 The following stipulated penalties shall be payable per
violation per day to EPA and MEDEP jointly in accordance with
Paragraph 94 for any noncompliance except those identified in
Paragraphs 92 or 93
Penalty Pet Violation Period of Noncompliance Per Day _
$ 750 1st through 14th day $ 1500 15th through 30th day $ 3000 31st day and beyond
Administrative Order By Concent for Removal Action Saco Municipal Landfill Superfund Site Page 66
92 The following stipulated penalties shall be payable per
violation per day to EPA and the MEDEP jointly in accordance with
Paragraph 94 for the submission or resubmission of an untimely or
substantially defective 100 NTCRA Design or an untimely or
substantially defective Final Completion of Removal Action Report
pursuant to the SOW
Penalty Per Violation Period of Toncompliance Per Day
$ 1500 1st through 14th days $ 3000 15th day through 30th day $ 5000 31st day and beyond
93 In the event that the City fails to submit timely or
adequate progress reports or meeting letter reports pursuant to
the SOW the City shall be liable to EPA and MEDEP jointly in
accordance with Paragraph 94 for stipulated penalties of $500
(five hundred dollars) per violation per day
94 Penalties shall begin to accrue on the day after
performance 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 except that
stipulated penalties shall not accrue (1) with respect to any
Disapproval with Modification Required or Disapproval with EPA
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 69
Modification under Section XIV of this Order during the period
if any beginning on the 31st day after EPAs receipt of such
submission until the date that EPA notifies the City of any
deficiency (2) with respect to a decision by the Director of the
Office of Site Remediation and Restoration under Section XXIX of
this Order during the period if any beginning on the 21st day
after the date the Citys reply to EPAs Statement of Position is
due until the date the Director issues a final decision regarding
such dispute and (3) beyond thirty days after the Director of
the Office of Site Remediation and Restoration issues a final
decision regarding a dispute about a Deliverable Disapproved with
EPA Modification pursuant to Paragraph 52d Any penalty
otherwise accruing under Paragraphs 91 92 or 93 shall be due and
payable within thirty (30) days of the receipt of a written
demand by EPA or the Maine DEP except as provided in aragraph
95 In assessing stipulated penalties for delay caused by a
negative referendum vote on future funding necessary for timely
compliance with this Order EPA and Maine DEP shall weigh all
considerations including the length of the delay caused by the
vote and efforts by City officials to inform the voters about
the need for funding- provided however that a negative
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 70
referendum vote on funding necessary for timely compliance with
this Order shall not affect the Citys obligations to comply with
this Order or any schedule contained herein Stipulated
penalties shall be divided between EPA and the Maine DEP in the
following manner 75 for EPA and 25 for the Maine DEP
Payment of EPAs portion of such penalty shall be made by
certified check payable to the Hazardous Substances Superfund
and mailed to the following address with a notation of the docket
number of this Order
Region I US Environmental Protection Agency
Attn Superfund Accounting PO Box 360197 M
Pittsburgh PA 15251
A copy of the certified check to EPA shall be sent to the
Remedial Project Manager within five (5) days of payment
Payment of the Maine DEPs portion of such penalty shall be made
by certified check payable to the Maine Uncontrolled Sites Fund
and mailed to the following address
Director Division of Sites Investigation amp Remediation Maine DEP
State House Station 17 Augusta ME 04333
Administrative Order By Concent for Removal Action Saco Municipal Landfill Superfund Site Page 71
A copy of the certified check to the Maine DEP shall be sent to
the Maine DEP Project Manager within five (5) days of payment
The stipulated penalties set forth in this Section do not
preclude EPA or the Maine DEP from electing to pursue any other
remedies or sanctions which may be available to EPA or the Maine
DEP by reason of the Respondents failure or refusal to comply
with any requirement of this Order Such remedies and sanctions
include without limitation injunctive relief the assessment of
such civil penalties or damages as are authorized by Sections 122
and 109 of CERCLA or state law or the performance of a
federally-funded response action or state-funded response action
and a corresponding suit for reimbursement of costs incurred by
the United States or the State of Maine Notwithstanding any
other provision of this Section EPA may in its unreviewable
discretion waive any portion of stipulated penalties that have
accrued pursuant to this Order
95 If the City invokes dispute resolution regarding any
decision which has resulted in the assessment of stipulated
penalties stipulated penalties shall continue to accrue during
the dispute resolution process except as otherwise provided in
this Order Within thirty (30) days after receipt of the EPA
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 72
determination rendered pursuant to Paragraph 88 in which EPA
prevails in whole or in part the City shall pay pursuant to
Paragraph 94 the stipulated penalties arising from those matters
on which the City does not prevail At that time the City shall
also pay interest on any stipulated penalties which had accrued
up to the day the City invoked Dispute Resolution If the City
prevails on the disputed matter then no stipulated penalties are
due
XXXI PAYMENT BY NON-PERFORMING PARTIES
96 By May 30 1997 each Non-Performing Respondent shall
pay its individual share of the total sum of $97050000 into a
qualifying settlement fund for the City to use to undertake
response activities related to the Site Payment shall be made
by certified check payable to KeyBank National Assoc (Attn
Leon J Bien) Escrow Agent and mailed with a transmittal letter
to the following address
KeyBank National Association Escrow Agent One Canal Plaza Portland Maine 04101
Attn Mr Leon J Bien
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 73
Non-Performing Respondents shall provide notice of such payment
to EPA by mailing a copy of the transmittal letter and check to
the EPA RPM at the address set forth in Section XI of this Order
XXXII CIVIL PENALTIES FOR NONCOMPLIANCEENFORCEMENT
97 The City is advised that violations of this Order or
any portion thereof may subject it to civil penalties of up to
$25000 per violation and $25000 for each day in which such
violation continues as provided in Sections 106(b)(1) 109 and
122 of CERCLA 42 USC sectsect 9606(b)(l) 9609 and 9622 The City
may also be subject to damages in an amount up to three times the
amount of any cost incurred by the United States as provided in
Section 107(c)(3) of CERCLA 42 USC sect 9607(c)(3) Violations
of this Order also may subject the City to civil penalties
injunctive actions and cost reimbursement under Maine law
including without limitation 38 MRSA Sections 347-A 348
349 1365 1366 and 1367 (1989 and Supp 1997)
XXXIII COVENANT NOT TO SUE DENIAL OF LIABILITY
98A In consideration of the actions that will be
performed and the payments that will be made by the Respondents
under the terms of this Order and except as specifically
provided in Section XXXV of this Order EPA covenants not to sue
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 74
or to take administrative action against the Respondents pursuant
to Sections 106 and 107(a) of CERCLA or Section 7003 of RCRA for
the Work this Order including performance of the Removal
Action and for recovery of all Extraordinary Response Costs
associated with this Order incurred by EPA and paid by the City
With respect to the City these covenants not to sue shall i)
take effect for Work completed prior to EPAs approval of the
Completion of Removal Action Report upon notification by EPA that
the City has completed all construction activities required under
this Order and the City has submitted and EPA has approved the
Completion of Removal Action Report and ii) take effect for Work
completed after EPAs approval of the Completion of Removal
Action Report upon notification by EPA that the City has
completed all actions required under this Order (including all
Post-Removal Site Control and reimbursement of Extraordinary
Response Costs) These covenants not to sue shall take effect
with respect to the Non-Performing Respondents upon notification
by the Non-Performing Respondents that they have complied with
Paragraph 96 of this Order These covenants not to sue are
conditioned upon the satisfactory performance by the Respondents
of their respective obligations under this Order These
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 75
covenants not to sue extend only to the Respondents and do not
extend to any other person Under this Order Respondents are
not released from liability if any for any actions taken beyond
the terms of this Order regarding other removal actions remedial
investigationfeasibility studies related to any other operable
unit remedial designremedial action related to any other
operable unit operation and maintenance of any other remedial
action or activities arising pursuant to Section 121(c) of
CERCLA 42 USC sect 9621(c)
B In consideration of the actions that will be performed
and the payments that will be made by the Respondents under the
terms of this Order and except as specifically provided in
Section XXXV of this Order the State of Maine covenants not to
sue or to take administrative action against the Respondents
pursuant to Section 107(a) Of CERCLA 38 MRSA Sections 1304
and 1365 (1989 and Supp 1997) and other applicable state law
including common law for the Work this Order including
performance of the Removal Action the RIFS Order and the
activities thereunder and for recovery of all response costs
associated with this Order fully addressed by an EPA cooperative
agreement and any grants or payments made by the State to the
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Superfund Site Page 76
City to reimburse the City for landfill capping costs and
including all activities required to be performed and costs
related thereto under Prior MEDEP Orders and Consent Decrees to
the extent that they are inconsistent with this Order and any
such Prior MEDEP Orders and Consent Decrees are hereby superseded
to the extent that they are inconsistent with this Order With
respect to the City these covenants not to sue shall i) take
effect for Work completed prior to EPAs approval of the
Completion of Removal Action Report upon notification by EPA that
the City has completed all construction activities required under
this Order and the City has submitted and EPA has approved the
Completion of Removal Action Report and ii) take effect for Work
completed after EPAs approval of the Completion of Removal
Action Report upon notification by EPA that the City has
completed all actions required under this Order (including all
Post-Removal Site Control and reimbursement of Extraordinary
Response Costs) These covenants not to sue shall take effect
with respect to the Non-Performing Respondents upon notification
by the Non-Performing Respondents that they have complied with
Paragraph 96 of this Order These covenants not to sue are
conditioned upon the satisfactory performance by the Respondents
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Superfund Site Page 77
of their respective obligations under this Order These
covenants not to sue extend only to the Respondents and do not
extend to any other person Under this Order Respondents are
not released from liability if any for any actions taken beyond
the terms of this Order regarding other removal actions remedial
investigationfeasibility studies related to any other operable
unit remedial designremedial action related to any other
operable unit or operation and maintenance of any other remedial
action
99 The execution of this Order and Respondents
participation herein is not an admission by the Respondents of
liability with respect to any issue dealt with in this Order nor
is it an admission by the Respondents of any Finding of Fact
Conclusion of Law or Determination contained in this Order
Furthermore the participation of Respondents in this Order shall
not be considered an admission of liability and is not admissible
in evidence against the Respondents in any judicial or
administrative proceeding other than (a) a proceeding by the
United States including EPA or the State of Maine including
the Maine DEP to enforce this Order or a judgment relating to
it or (b) a proceeding to enforce any agreement between the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 78
Performing Respondent and Non-Performing Respondents regarding
the Site or to enforce a judgment related to such agreement
XXXIV CONTRIBUTION PROTECTION
100 With regard to claims for contribution against the
Respondents the Parties hereto agree that the Respondents are
entitled to such protection from contribution actions or claims
as is provided by Section 113(f)(2) of CERCLA 42 USC
sect 9613 (f) (2) and 38 MRSA sect 348(4) for all matters
addressed by this Order The matters addressed are Past
Response Costs RIFS Response Costs Response Costs Oversight
Costs Extraordinary Response Costs all costs incurred by the
State of Maine related to Prior MEDEP Orders and Consent Decrees
for which reimbursement may be sought payments pursuant to
Paragraph 96 and Work The Parties agree that the Respondents
are entitled to such protection upon the effective date of this
Order Nothing in this Order precludes the United States the
Maine DEP or Respondents from asserting any claims causes of
action or demands against any persons not parties to this Order
for indemnification contribution or cost recovery
XXXV EPAS AND THE STATES RESERVATION OF RIGHTS
101 A The covenants not to sue set forth in Section
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 79
XXXIII do not pertain to any matters other r n these expressly
specified in that Section EPA reserves and this Order is
without prejudice to all rights against each Respondent with
respect to all other matters including but not limited to the
following
a claims based on a failure by any Respondent to meet any
requirement specified for that Respondent under this Ordershy
b liability arising from the past present or future
disposal release or threat of release of hazardous
substances pollutants or contaminants outside of the Site
c liability arising from future disposal at the Site other
than as provided in the Action Memorandum or this Order or
otherwise ordered by EPA
d liability for damages for injury to destruction of or
loss of natural resourcesshy
e liability for response costs that have been or may be
incurred by the National Oceanic and Atmospheric
Administration and the Department of the Interiorshy
f criminal liability
g liability for violations of federal or state law which
occur during or after implementation of the Removal Actionshy
Administrative Order By Conaent for Removal Action Saco Municipal Landfill Superfund Site Page 80
h liability for response costs incurred at the Site which
are not addressed by Section XXVII of this Order
(Reimbursement of EPA Extraordinary Response Costs) or by
the Cost Recovery Administrative Agreement (Docket No
CERCLA 1-97-1010) and
i liability for response actions at the Site that are not
required to be performed by the City pursuant to this Order
B The covenants not to sue set forth in Section XXXIII do not
pertain to any matters other than those expressly specified in
that Section The State of Maine reserves and this Order is
without prejudice to all rights against the Respondents with
respect to all other matters including but not limited to the
following
a claims based on a failure by any Respondent to meet any
requirement specified for that Respondent under this Order
b liability arising from the past present or future
disposal release or threat of release of hazardous
substances pollutants or contaminants outside of the Siteshy
c liability for damages for injury to destruction of or
loss of natural resources
d criminal liabilityshy
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 81
e liability for violations of federal or state law wh^ch
occur during or after implementation of the Removal Action
g liability for Oversight Costs incurred by the State at
the Site to the extent that they are not fully addressed by
future cooperative agreements between EPA and MEDEP and
h liability for response actions at the Site that are not
required to be performed by the City pursuant to this Order
102 EPA retains the right to undertake any obligations of
the City under this Order provided that EPA has determined that
one of the following conditions has been met the City has ceased
implementation of any portion of the Work is seriously or
repeatedly deficient or late in their performance of the Work
has failed to comply with this Order or is implementing the Work
in a manner which may cause an endangerment to human health or
the environment If EPA undertakes any obligations under this
Order pursuant to this Paragraph including implementation of
institutional controls the City must reimburse EPA for all costs
incurred as a result of the takeover that are consistent with the
NCP as Extraordinary Response Costs The City may invoke the
procedures set forth in Section XXIX (Dispute Resolution) to
dispute EPAs determination that takeover of the obligations of
Administrative Order By Consent for Removal Action Slaquoco Municipal Landfill Superfund Site Page 82
the City under this Order is warranted or that the costs incurred
were consistent with the NCP
103 Notwithstanding any other provision of this Order
except as set forth in Section XXXIII (Covenant not to Sue) EPA
and the State of Maine shall retain all of their response
information gathering entry inspection and enforcement
authorities and rights under CERCLA and under any other
applicable law regulation or permit
104 The City shall reimburse EPA for costs incurred by the
United States to enforce this Order or the Cost Recovery
Administrative Agreement as Extraordinary Response Costs in
accordance with the reimbursement procedures provided by Section
XXVII (Reimbursement of Extraordinary Response Costs)
XXXVI RESPONDENTS COVENANT NOT TO SUE
105 Covenant Not to Sue Subject to the reservations in
Paragraphs 106 and 107 Respondents hereby covenant not to sue
and agree not to assert any claims or causes of action against
the United States or the State including any department agency
or instrumentality of the United States or State with respect to
this Order including but not limited to
a any direct or indirect claim for reimbursement from
Administrative Order By Conaent for Removal Action Saco Municipal Landfill Superfund Site Page 83
the Hazardous Substance Superfund (established pursuant to the
Internal Revenue Code 26 USC sect 9507) through CERCLA Sections
106(b)(2) 107 111 112 113 or any other provision of law
b any claims under CERCLA Sections 107 or 113 related
to this Order
c any claims for payment under sections 106(b) 111
and 112 of CERCLA the Constitution of the United States the
Tucker Act 28 USC sect 1491 or at common law against the State
EPA or the Hazardous Substance Superfund arising out of any
action performed under this Order any related access matters
and related institutional controls or
d any claims arising out of response activities in
connection with this Order including claims based on EPAs and
the States selection of response actions oversight of response
activities or approval of plans for such activities
XXXVII RESPONDENTS RESERVATION OF RIGHTS
106 The Respondents reserve and this Order 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 wrongful act or
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 84
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 USC sect 2671 nor
shall any such claim include a claim based on EPAs selection of
response actions or the oversight or approval of the
Respondents plans or activities The foregoing applies only to
claims which are brought pursuant to any stat- -e other than
CERCLA and for which the waiver of sovereign immunity is found in
a statute other than CERCLA
107 Except as set forth in this Order the Respondents
expressly reserve all rights and defenses that each or any of
them may have in law or in equity for any claims or causes of
action it may have against any party including the United States
and the State and their respective agencies departments and
instrumentalities Any claims not expressly waived by the
Respondents shall be deemed reserved Notwithstanding any
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 85
obligations in this Order requiring the Respondents to make any
records documents or any other materials available to EPA
nothing herein shall be construed to be a waiver of any rights
Respondents may have to assert the attorney-client privilege or
the attorney work product doctrine as to those materials except
where such materials contain information specified in section
104(e)(6)(F) of CERCLA 42 USC sect 9604(e)(6)(F)
XXXVIII OTHER CLAIMS
108 Except as expressly provided in Section XXXIII
(Covenant Not to Sue) nothing in this Order constitutes a
satisfaction of or a release from any claim or cause of action
against the Respondents or any person not a party to this Order
for any liability such person may have under CERCLA other
statutes or the common law including but not limited to any
claims of the EPA for costs damages and interest under sections
106(a) and 107(a) of CERCLA This Order does not constitute a
preauthorization of funds under section 111(a)(2) of CERCLA No
action or decision by EPA pursuant to this Order shall give rise
to any right to judicial review except as set forth in section
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 86
113(h) of CERCLA
XXXIX INDEMNIFICATION
109 The United States and the State do not assume any
liability by entering into this Order or without limitation by
virtue of any designation of the City as EPAs authorized
representative under section 104(e) of CERCLA 42 USC
sect 9604(e) The City agrees to indemnify and save and hold
harmless the United States Government the State of Maine and
their agencies departments agents officers employees and
representatives from any and all claims or causes of action
arising from or on account of negligent acts or omissions of the
City its officers employees agents servants receivers
successors trustees assignees or contractors in carrying out
the activities pursuant to this Order including but not limited
to any claims arising from any designation of the City as EPAs
authorized representative under section 104 (e) of CERCLA 42
USC sect 9604(e) Neither the United States nor the State shall
be held out as a party to or in any other way be held liable
under any contract entered into by the City or by the Consultant
or any contractor in carrying out the activities pursuant to this
Order Neither the City nor any such Consultant or contractor
Administrative Ordr By Consent for Removal Action Saco Municipal Landfill Suprfund Sit Fag 87
shall be considered an agent of the United States or the State
Notwithstanding any of the above this agreement to indemnify and
hold harmless does not include claims or causes of action arising
from or on account of acts or omissions of the United States and
its agencies departments agents officers employees and
representatives
XXXX WAIVER OF SETTLEMENT CONFERENCE
110 In consideration of the communications among the
Respondents and EPA regarding the terms of this Order prior to
its issuance the Respondents hereby agree that there is no need
for a settlement conference prior to the effective date of this
Order
XXXXI MODIFICATION OF ORDER
111 This Order with the exception of the Statement of Work
(Appendix B) or attachments or Deliverables thereunder may only
be modified upon the written agreement of EPA by signature of the
Director of the Office of Site Remediation and Restoration the
Maine DEPs Director of the Bureau of Remediation and Waste
Management and an authorized officer of each of the Respondents
The Statement of Work any attachments thereto or any accepted
Deliverables may be modified upon signature of the EPA Geographic
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 88
Section Chie subject to the Citys right to invoke Dispute
Resolution
XXXXII SEPARATE DOCUMENTS
112 This Order may be executed in two or more counterparts
each of which shall be deemed an original but all of which
together shall constitute one and the same instrument
XXXXIII EFFECTIVE DATE
113 This Order shall be effective five (5) days after the
City receives notice that the Director of the Office of Site
Remediation and Restoration has signed the Order All times for
performance of activities under this Order shall be
calculated from the effective date
XXXXIV TERMINATION
114 Prior to but no later than 180 days after the
effective date of this Order the City or EPA may terminate this
Order if the Cost Recovery Administrative Agreement is not
effective within ninety (90) days of the effective date of this
Order Notwithstanding this Paragraph the City shall complete
at least ninety-five percent (95) of the final design of the
Removal Action
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 89
IT IS SO AGREED AND ORDERED BY
Al bull Linda M Murphy D i r c to r Dat Office of Site Remediation and Restoration EPA Region I
Administrative Order By Consent for Removal Action Saco Municipal landfill Superfund Site Page 90
The undersigned representatives of the Respondents certify that they are fully authorized to enter into the terms and conditions of this Order and bind the parties they represent to this document
ROBUS LEATHER CORPORATION FKA GEORGE NEWMAN amp COMPANY SUCCESSOR BY LAW TO BIDDEFORD INDUSTRIES INC
By Thomas Robinson President and Ghiof FinancialmdashOffaooy f Robus Leather Corporation 1100 W Hutchinson Lane Madison IN 47250 Tel (812) 273-4183
TO 833388888888881 P0309 MPY 27 97 16=01 FR HflLE RND DORR LuF DC
Administrative Ordar By Consent for Removal Saco Municipal Landfill Suparfund Site Pag 91
CL HAUTHAWAY amp SONS CORPORATION
By Leppoldo ampJohnson Date CL Hautna ay amp Sons Corp 638 Summer Street Lynn MA 01905-2092
fa
Administrative Order By Consent for Removal Action Saoo Municipal Landfill Superfund Site Page 92
GABRIEL ELECTRONICS INC
By
Frank E Gemme Date President Gabriel Electronics Incorporated Libby Road PO Box 70 Scarborough ME 04070 Tel (207) 883-5161
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 93
LITTON INDUSTRIES INC
By Camp^tf-Jtae^^c^S
Carol WiesnerVice President and Controller Litton Industries Inc 21240 Burbank Boulevard Woodland Hills California 91367 Tel (818) 598-5246
May 27 1997
Date
Adni-tniBtrativc Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 94
LYN-FLEX INDUSTRIES AN UNINCORPORATED DIVISION OF DER-TEX CORPORATION
By gt 1997
Jerome Linder Date President Der-Tex Corporation 360 Merritnack Street Lawrence Massachusetts 01843 Tel (508) 686-0154
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 95
MILLIPORE CORPORATION
By At Jef frpoundy Ttyidin EsqVice President and General Counsel Millipore Corporation 80 Ashby Road Bedford MA 01730 Tel (617) 533-2044
May 21 1997 Date
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 96
NIKE INC
Coburn Date eheral Counsel Nike Inc 1 Bowerman Drive Beavertotm OR 97005-6453 Tel 503shy
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 97
ZENECA INC
61097
Glenn M Engelmann Date Vice President General Counsel and Secretary Zeneca Inc Successor to Polyvinyl Chemicals Inc
Addrespoundeneca Inc Successor to Polyvinyl Chemicals Inc
1800 Concord Pike PO Box 15438
Wilmlngotn PR
Tel(302) 886-3244
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 98
SACO DEFENSE INC
By j i e s R V i e g Date Vice Chairman Saco Defense Inc 291 North Street Saco Maine 04072 Tel (270) 283-3611
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 99
CHAMPION INTERNATIONAL CORPORATION
pound By x^gt^^w^ (- (^W^ lt May 27 1997
Stephen B Brown Date ampAVice President and General Counsel
Champion International Corporation One Champion Plaza Stamford Connecticut 06921 Tel (203) 358-6476
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 100
BEMIS COMPANY INC
By -^^lt^^^ 52297 Richard Pry^r Date Corporate Risk Manager Bemis Company Inc 222 South 9th Street Suite 2300 Minneapolis Minnesota 55402-4099 Tel (612) 376-3085
Administrative Order By Consent for Removal Action Saco Municipal Landfill Suporfund Site Page 101
CITY OF SACO MAINE
A Larry Mtcl(ell Dgfte City Administrator City of Saco 300 Main Street Saco Maine 04072 Tel (207) 282-4191
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 102
STATE OF MAINE
By
Mark Hyland Director Date Division of Site Remediation Maine DEP State House Station 17 August Maine 04333 Tel (207) 287-7673
By Dennis Harnish Esq Date Assistant Attorney General Department of Attorney General State House Station 6 Augusta Maine 04333 Tel (207) 626-8800
APPENDIX B
Non-Time Critical Removal Action Statement of Work
Saco Municipal Landfill Superfund Site
I INTRODUCTION AND PURPOSE
This non-time-critical removal action (NTCRA) Statement of Work (SOW) defines the response activities and deliverables that the Performing Respondent shall performsubmit in order to implement the Work required under the Administrative Order on Consent for Removal Action (EPA Region I Docket No 1-97-1009) (the Order) at the Saco Municipal Landfill Site in Saco Maine (the Site) The activities described in this SOW are based upon the United States Environmental Protection Agency (EPA) Action Memorandum for the Site signed by the EPA Region I Director of the Office of Site Remediation and Restoration on September 23 1996
II DEFINITIONS
The following definitions shall apply to this SOW
A All definitions provided in Section III of the Order are incorporated herein by reference
B Design shall mean an identification of the technology to be used for the Removal Action and its performance and operational specifications in accordance with all applicable federal state and local laws including but not limited to
1 all computations used to size units determine the appropriateness of technologies and the projected effectiveness of the NTCRA
2 scale drawings of all system layouts identified above and including but not limited to excavation cross-sections and well cross-sections
3 quantitative analyses demonstrating the anticipated effectiveness of the NTCRA Design to achieve the Performance Standards
4 technical specifications which detail the following
a size and type of each major component and
b required performance criteria of each major component
5 specifications on the extent of ambient air monitoring including equipment monitor locations and data handling procedures and
6 specifications of Institutional Controls to be supplied with the construction plans and specifications
EPA Approval or EPA Review and Approval shall mean the procedures specified in Section XIVA of the Order
Institutional Controls shall mean deed restrictions access land easements and other requirements and controls developed to limit human or animal exposure to hazardous substances pollutants or contaminants andor to ensure the integrity and effectiveness of the Removal Action
Performing Respondents Certification shall mean the procedures specified in Section XIVB of the Order
III SELECTED NON-TIME-CRITICAL REMOVAL ACTION
Section VAI of the Action Memorandum specifies the NonshyTime-Critical Removal Action for the Site Based upon the Action Memorandum listed below are the components of the NTCRA which shall be performed by the Performing Respondent
bull Grading of the landfill including the consolidation of the solid waste material from adjacent to Area 1 Area 3 and Area 4
bull Identifying the solid waste boundary for Areas 3 and 4
bull Excavating contaminated sediments from a groundwater seep area and consolidating them with the waste material in landfill Area 4
- 2 shy
bull Designing and constructing a multi-layer low hydraulic conductivity cap with surface drainage controls
bull Maintaining the cap
bull Long-term monitoring of surface water sediments and groundwater
bull Post-removal site control (PRSC) of the cap The PRSC shall ensure the long-term continued effectiveness of each component of the NTCRA and
bull Implementing Institutional Controls including implementation of deed restrictions andor other controls to prohibit the future use of the Site in any manner that would compromise the integrity of the cap and its associated systems
IV PERFORMANCE STANDARDS
The Performing Respondent shall design construct operate monitor and maintain the NTCRA in compliance with this Order the SOW and the Performance Standards identified in the Action Memo
The Performance Standards for the NTCRA at the Site include
SEDIMENT EXCAVATION AND CONSOLIDATION Sediments with arsenic concentrations above 19 mgkg will be excavated from the groundwater leachate seeps adjacent to Sandy Brook The area within which the seeps are found is defined by sediment locations SD-21 and SD-25 Sediments within Sandy Brook will not be excavated as part of this removal action
CONSOLIDATION OF SOLID WASTE The solid waste outside the Area 1 Area 3 and Area 4 caps shall be consolidated under the Area 34 cap The area to be excavated and material to be consolidated was identified during the RIFS test pit program
LANDFILL CAP The landfill cap shall be designed constructed operated and maintained to meet the performance requirements of the Resource Conservation and Recovery Act (RCRA) Subtitle C regulations specified in 40 CFR sectsect 26419 264310 as applicable and 264111 and the
- 3 shy
currently promulgated final MEDEP regulations referenced in Attachment X of the Action Memo
The cap shall also be designed to meet the requirements of the following EPA and State technical guidance documenxo Final Covers on Hazardous Waste Landfills and Surface Impoundments (EPA530-SW-89-047 July 1989) Construction Quality Management for Remedial Action and Remedial Design Waste Containment Systems (EPA540R-92073 October 1992) Quality Assurance and Quality Control for Waste Containment Facilities (EPA600R-93182 September 1993) MEDEP Final Cover System Guidance Document for Municipal Solid Waste Landfill (November 1995) Stormwater Management for Maine Best Management Practices (November 1995 MEDEP) and Maine Erosion and Sediment Control Handbook for Construction Best Management Practices (March 1991 Cumberland County Soil and Water Conservation District and Maine DEP)
The multi-layer cap will achieve the following minimum requirements
All layers of the cover system shall be designed to achieve the performance objectives of this section over the longshyterm Each layer shall also be designed to meet a static stability factor of safety criteria of 13 seismic stability factor of safety criteria of 10 and a construction-stage stability factor of safety criteria of 12
mdash The base layer will be comprised of unclassified fill material transmissive to gas The performance objectives for the base layer are to contour the landfill to achieve a maximum slope of 31 provide a subgrade base suitable for construction of the cover system and minimize subsidence
Waste from uncapped areas near Area 1 Area 3 and Area 4 and excavated sediments from the groundwater seep areas near Sandy Brook will be placed under the base layer Vegetation cleared from the Site will be distributed evenly to prevent degradation and minimize subsidence
The slopes will be terraced to minimize erosion of the multi-layer cap so that no more than 2 tons per acre per year of soil loss occurs
mdash The gas collection layer will be comprised of 6-12 inches of porous material with a hydraulic conductivity of at least
- 4 shy
1 x 103 cmsec The objective of this layer is to allow for the transmission of gas to the vent pipe which will then take gas out of the landfill and to provide a firm foundation and contact surface for the low hydraulic conductivity layer A second objective is to allow fo the transmission of potential leachate seeps down the sideslopes so that it may infiltrate back into the landfill Approximately one gas vent per acre will be installed at least three to five feet into the waste
-- The bottom low hydraulic conductivity layer acts as a safeguard to the geomembrane and is generally made of 24 inches of clay or a geo-synthetic clay liner (GCL) The performance objective of this layer is to minimize potential leakage through the low hydraulic conductivity geomembrane into the landfill The low hydraulic conductivity layer will be designed to achieve a maximum hydraulic conductivity of 1 x 10~7 cmsec unless the factor of safety criteria of 13 for static 10 for seismic and 12 for construction stage stability cannot be achieved If the stability criteria cannot be met with a GCL or 1 x 107 cmsec material then a more permeable material may be used to achieve a stable cover system The bottom low hydraulic conductivity layer shall have a maximum hydraulic conductivity of at least 1 x 105 cmsec if the 1 x 10~7
cmsec material cannot meet the stability criteria If a GCL is used as the bottom low hydraulic conductivity layer then 12 inches of a fine grained material containing a minimum of 35 fines with no stones larger than one inch shall be used as bedding above the gas vent layer Potential mechanisms that may compromise the integrity of the cover system such as subsidence desiccation cracking and freeze-thaw cycling will be accounted for in the design
The uppermost surface of the bottom low hydraulic conductivity layer shall be buried at least 30 inches below the surface of the cap
-- The top low hydraulic conductivity layer will be a geosynthetic barrier The performance objective of this barrier is to prevent water from infiltrating into the landfill and to accommodate settlement and subsidence while maintaining stability This synthetic barrier will be a type of flexible geomembrane 40-60 mil thick
-- The drainage layer will be composed of either a minimum of 12 inches of sand or equivalent material with a minimum
- 5 shy
hydraulic conductivity of 1 x 102 cmsec or a synthetic material with a transmissivity of at least 3 x 10~5 m2sec The sand should be no coarser than 38 inch The performance objective is to allow water to drain off the synthetic barrier prevent the ponding of water over tgt a synthetic barrier and minimize seepage forces within the cap system If a geosynthetic drainage layer is used then a 12 inch layer of coarse material will be placed over the geosynthetic layer
mdash The top layer of the cap will be the vegetative cover This layer in combination with the drainage layer shall provide a minimum of 30 inches of fill material to provide frost protection A minimum of 18 inches of material (including at least 6 inches of top soil) shall be placed above the drainage layer to provide adequate water-holding capacity to attenuate rainfall infiltration to the drainage layer to sustain vegetation through dry periods and to provide sufficient thickness to allow for expected long-term erosion losses Deep rooted plants that could damage the drainage and barrier layers will not be allowed to grow on the cover A filter fabric may be placed between the top layer and the drainage layer to minimize fill material from clogging the drainage layer
mdash Surface water drainage controls will be constructed to minimize erosion during construction and to reduce erosion of the cap after construction to no more than 2 tons per acre per year As determined by the final NTCRA Design drainage channels will be installed in certain areas on the top and perimeter of the landfill cap to channel runoff away from the landfill Surface water drainage channels will be designed to manage the rainfall volume of a 25-year 24-hour storm event with freeboard and shall also be capable of handling a 100-year 24-hour storm event without overflow
SURFACE WATERS The point of compliance for any point source surface water releases resulting from this action consistent with the NCP shall be the point or points where the release enters the surface water body (Sandy Brook or Big Ledge Brook) Any point source discharge to a surface water body shall comply with the NPDES program under section 402 of the federal Clean Water Act and the Maine water quality standards and storm water discharge requirements The document Stormwater Management for Maine Best Management Practices (November 1995 MEDEP) shall be used as guidance for stormwater and the document Maine Erosion and Sediment Control Hanbook for Construction Best Management
- 6 shy
Practices (March 1991 Cumberland County Soil and Water Conservation District and Maine DEP) shall be used as guidance for erosion control
AIR The point of compliance for air consistent with che NCP shall be the point(s) of the maximum exposed individual considering reasonably expected use of the Site and surrounding area The maximum exposed individuals could include (I) adjacent residents (2) operation and maintenance personnel and (3) individuals working at the facility The passive gas venting system shall not allow for an unacceptable risk of exposure to the maximum exposed individuals by controlling and treating landfill gas if necessary The passive gas venting system shall be designed and constructed to comply with Attachment X of the Action Memo
LONG-TERM MONITORING A long-term monitoring program will be implemented to evaluate the performance of the NTCRA Surface water groundwater and sedimentsas appropriate shall be sampled as part of this program Long-term monitoring is expected to occur for at least thirty years
POST-REMOVAL SITE CONTROL Post-removal site control shall assure the long-term effectiveness of the cap and related systems for at least thirty years
INSTITUTIONAL CONTROLS Institutional Controls shall ensure the long-term integrity of the landfill cap and prevent future use of the groundwater impacted by the Site Deed restrictions andor other controls shall prohibit any activity at the Site which would interfere with or compromise the landfill cap or its related systems Such controls will also provide for EPA and MEDEP approval prior to the commencement of any future activities at the Site which may impact the landfill cap or its related systems
V NTCRA DESIGN
The Performing Respondent shall develop a final design for the selected NTCRA as described in the Action Memorandum and this SOW that meets the performance standards specified in Section IV of this SOW This section describes the Performing Respondents responsibilities for submitting deliverables and conducting project meetings during design
- 7 shy
A DELIVERABLE5
The Performing Respondent shall submit the following deliverables to EPA and the MEDEP during the design of the selected NTCRA pursuant to the schedule in Attachment A Any modification of the schedule in Attachment A shall be subject to EPA approval after a reasonable opportunity for review and comment by MEDEP Each submitted deliverable shall require EPA Approval after a reasonable opportunity for review and comment by MEDEP or Performing Respondents Certification whichever applies pursuant to the schedule in Attachment A and the procedures in Section XIV of the Order
1 DESIGN PROGRESS REPORTS
On the 15th calendar day of each month and until EPA approval of the 100 NTCRA Design the Performing Respondent shall submit Design Progress Reports to EPA and the MEDEP Design Progress Reports may be combined with the monthly progress reports required under the Administrative Order by Consent for Remedial InvestigationFeasibility Study (EPA Region I CERCLA Docket No I-CERCLA-95-1069) and shall be submitted with the Performing Respondents Certification The reports shall summarize all activities that have been conducted in the month preceding the Progress Report and those planned for the next two months The Progress Reports shall also identify problems encountered andor changes to the schedule and shall summarize the results of sampling and tests and other data received by the Performing Respondent
2 CONCEPTUAL DESIGN LETTER REPORT
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit a Conceptual Design Letter Report to EPA and the MEDEP The Conceptual Design Letter Report shall be submitted by the Performing Respondents Certification and may include at a minimum
a an outline of the NTCRA Design
b a work plan for any pre-design studies
- 8 shy
c preliminary drawings of the 31 and 3-5 slope sections of the cap surface water controls and retention ponds in plan view and cross-section and
d The design basis for the composition and thickness of each layer of the cap presented in letter format including a determination of the appropriate gas control technology and supporting information and an estimate of settlement
3 100 DESIGN FOR SEDIMENT CONSOLIDATION
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit the 100 Design for the sediment consolidation to EPA for Review and Approval after reasonable opportunity for review and comment by the MEDEP
4 100 NTCRA DESIGN
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit the 100 NTCRA Design for EPA Review and Approval after reasonable opportunity for review and comment by the MEDEP Design plans for individual components of the NTCRA may be submitted separately from the cap design However the design submittal for the cap shall address 100 of the total design for each component of the NTCRA including but not limited to
a the Final Design Report including the design basis for each component and the associated plans and specifications in reproducible format
b Construction Quality Assurance Plan including sample construction quality assurance and quality control checklists draft construction -quality control and quality assurance tables and a list of testing requirements based upon EPA and MEDEP comments
c the results of any pre-design studies
- 9 shy
d final drawings of the 31 and 3-5 slope sections of the cap in plan view and cross section including surface drainage controls and retention ponds anchor trenches and the passive gas venting system
e a description of the design basis for each layer andor component of the NTCRA including settlement evaluation stability calculations and the HELP model assessment to evaluate infiltration through the cover system The stability assessment shall include an assessment of the stability of the cover system waste material and surrounding slopes Each key section of the stability analysis should include a discussion of the (1) performance criteria for each failure mode (2) soil conditions including loading and seepage conditions and (3) determination of factor of safety and indicate the slope failure mode The methods to perform the above analysis shall be presented
f a discussion of how all applicable or relevant and appropriate requirements (ARARs) identified in the Attachment X of the Action Memo will be addressed This discussion should
(1) specify the statute (2) specify the citation of the ARAR (3) identify if the ARAR is state or
federal (4) summarize the requirements of the ARAR (5) specify in detail the activities that
shall be conducted to comply with the ARAR and
(6) specify in detail the activities that shall be conducted to demonstrate compliance with the ARAR When sampling and analysis is conducted to demonstrate compliance the following shall be specified sampling locations sampling frequency sampling methods analytical methods quality assurance and quality control activities and statistical analysis andor modeling andor other data interpretation techniques
- 10 shy
g drawings on reproducible mylar
h the final NTCRA Technical Specifications which shall include at a minimum the items identified in Attachment D
i a Field Sampling Plan as specified in Attachment B and a Quality Assurance Project Plan as specified in Attachment C Although these documents will be submitted as part of the 100 design these documents must be submitted as separate freestanding deliverables to enable a separate concurrent review of these document by the Agencies along with the 100 design review
j With respect to the landfill cap the design shall include the construction quality assurance procedures required to demonstrate that the NTCRA was properly implemented This component shall include for example (I) checklists for establishing that the required tests and inspections were performed (2) standard operating procedures for all field and laboratory tests (3) the quality assurance and quality control plan for all field and laboratory tests (4) a process for obtaining EPA and MEDEP involvement in major and minor field changes and (5) erosion and sediment control plans The quality assurance component shall be based upon the following guidance documents Construction Quality Assurance for Hazardous Waste Land Disposal Facilities (EPA 530-SWshy86-031 October 1986 and Technical Guidance Document Quality Assurance and Quality Control for Waste Containment Facilities (EPA540R-93182 September 1993)
k A discussion of how any surface water point source discharge shall be evaluated
1 A discussion of how the ambient air shall be evaluated after the construction of the cap is complete to demonstrate that the landfill gas does not pose an unacceptable risk (an excess cancer risk greater than the 104 to 106 risk range or a non-carcinogenic hazard
- 11 shy
index greater than 1) to the maximum exposed individuals (as identified in Section IV of this SOW)
5 WINTER STABILIZATION PLAN
By October 30th of each field season prior to the approval of the Post-Removal Site Control Plan the Performing Respondent shall submit a Winter Stabilization Plan to EPA and MEDEP This plan shall describe the practices and procedures that will be used by the Performing Respondent to prevent erosion of the landfill and excessive sediment discharge to the surface water and wetlands until EPA approval of the Post-Removal Site Control Plan
6 INSTITUTIONAL CONTROL PLAN
The Performing Respondent shall submit a schedule and a workplan letter report for the implementation of the Institutional Controls required by the NTCRA within 60 days of the effective date of the Order As part of the Institutional Controls a deed restriction shall be placed on the Site property to prevent any use of the property that would interfere with or reduce the effectiveness of the NTCRA or any future response actions The deed restriction shall also prevent future use of the groundwater under the Site These institutional controls shall be implemented in a manner consistent with Attachment X of the Action Memo
B DESIGN PROJECT MEETINGS
The Performing Respondent and its Contractor shall periodically meet with EPA and the MEDEP during the design phase to discuss the status of the design present the results of any investigations and discuss any issues associated with the development of the design
At least one week prior to each such periodic meeting the Performing Respondent shall submit to EPA and the MEDEP as necessary (i) an agenda for the meeting (ii) a summary of the issues that will be discussed and (iii) any supporting information including any specific information required for the meeting as detailed below The following is a list of meetings to be held as necessary during the design phase
1 DESIGN KICK-OFF MEETING
- 12 shy
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall schedule a design kickshyoff meeting The purpose of this meeting is to allow the EPA MEDEP and the Performing Respondents design teams to meet
2 CONCEPTUAL DESIGN MEETING
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall hold a Conceptual Design Meeting During the Conceptual Design Meeting the Performing Respondent shall give a presentation of the Work Plan for Pre-Design Studies if needed and the conceptual design of the selected NTCRA based on any completed pre-design investigations and the Conceptual Design Letter Report
3 100 DESIGN MEETING FOR SEDIMENT CONSOLIDATION
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall hold a 100 Sediment Consolidation Design Meeting At this meeting the Performing Respondent shall present the 100 design for these components of the NTCRA
4 100 NTCRA DESIGN MEETING
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall hold two 100 NTCRA design meetings At the first meeting the Performing Respondent shall provide an overview of the design During the second meeting the Performing Respondent shall present any issues that have arisen from comments received on the 100 NTCRA design and options for resolving the issues
EPA may determine that any of such meetings are not necessary However EPA andor the Performing Respondent may also schedule additional meetings as necessary to discuss any issues that arise during design
VI NTCRA IMPLEMENTATION
The Performing Respondent shall implement the final design for the selected NTCRA as described in the Action Memorandum and this SOW that meets the performance standards specified in Section IV
- 13 shy
of this SOW This section describes the Performing Respondents responsibilities for conducting the NTCRA submitting deliverables and conducting project meetings during implementation of the NTCRA
A DELIVERABLES
The Performing Respondent shall submit the following deliverables to EPA and the MEDEP during implementation of the NTCRA pursuant to the schedule in Attachment A Any modification of the schedule in Attachment A is subject to EPA approval after a reasonable opportunity for review and comment by MEDEP Each submitted deliverable shall require EPA Approval or the Performing Respondents Certification whichever applies pursuant to the schedule in Attachment A and the procedures in Section XIV of the Administrative Order by Consent
1 NTCRA IMPLEMENTATION SCHEDULE
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit a NTCRA Implementation Schedule for EPA Review and Approval after reasonable opportunity for review and comment by the MEDEP The NTCRA Implementation Schedule shall identify the major milestones for completion of the NTCRA including the commencement and completion of construction and the schedule for demonstrating compliance bull ith Section V(A) (4) (f) of the SOW The NTCRA Implementation Schedule shall also identify the key construction dates including the initiation and completion date of each component of the multi-layer cap The NTCRA Implementation Schedule shall also identify the projected dates of the Progress Meetings conducted during the NTCRA implementation including those required pursuant to Section VIB of this SOW
2 CONSTRUCTION DOCUMENT SUBMITTAL
In accordance with the schedule set forth in Attachment A to this SOW the Performing Respondent shall submit a copy of executed construction contract documents to EPA and MEDEP
3 HEALTH AND SAFETY PLAN
- 14 shy
In accordance with che Schedule set forth in Attachment A to this SOW the Performing Respondent shall submit a General Health and Safety Plan to EPA and MEDEP A site-specific Health and Safety Plan addressing NTCRA construction activities shall be submitted by the Performing Respondent prior to on-site construction activities The general and site-specific Health and Safety Plans shall each be submitted with Performing Respondents Certification
4 NTCRA IMPLEMENTATION PROGRESS REPORTS
On the 15th calendar day of each month during implementation of the NTCRA and until EPA approval of the Completion of Removal Action Report the Performing Respondent shall submit Progress Reports to EPA and the MEDEP The Progress Reports shall be submitted with Performing Respondents Certification The reports shall summarize all activities that have been conducted in the month preceding the Progress Report and those planned for the next two months The Progress Reports shall also
a identify the percent of NTCRA construction completed
b identify any problems encountered andor changes to the schedule
c summarize the results of all sampling and tests and all other data received by the Performing Respondent
d include photographs of the site activities Photographs shall be labeled with the date brief description of the activity weather conditions and directionorientation of the photograph and
e include the results of any monitoring conducted
After completion of all construction activities the Performing Respondent may upon EPA approval reduce the frequency of submission of the Progress Reports The Progress Reports may be combined with the monthly progress reports required under the Administrative Order by Consent
- 15 shy
for Remedial Investigation Feasibility Study (EPA Region I CERCLA Docket No I-CERCLA-95-1069)
5 POST-REMOVAL SITE CONTROL PLAN
In accordance with the schedule set forth in Attachment A to this SOW the Performing Respondent shall submit a Post-Removal Site Control Plan (PRSC Plan) for EPA Review and Approval after reasonable opportunity for review and comment by the MEDEP The PRSC Plan shall ensure the long-term continued effectiveness of each component of the NTCRA The PRSC Plan shall address at a minimum the following
a periodic evaluation of the stability of the cover system
b a description of normal operations and maintenance
c a description of potential operational problems with contingency plans
d an operational safety plan
e a description of equipment
f record keeping and reporting requirements
g periodic assessment of the passive landfill gas venting system
h periodic assessment of erosion controls and periodic settlement monitoring
i periodic assessmentand runoff
of surface water controls
j evaluation of Sandy Brook removal area
k periodic evaluation of vegetative growth and the identification of any erosion and
1 the impact of the cap on wetlands
- 16 shy
6 COMPLETION OF REMOVAL ACTION REPORTS
In accordance with the schedule set forth in Attachment A to this SOW the Performing Respondent shall submit the Completion of Removal Action and Demonstratioi of Compliance Report (jointly the Completion of Removal Action Report) for EPA Review and Approval after reasonable opportunity for review and comment by the MEDEP The Completion of Removal Action Report shall be submitted in two phases including first an Interim Completion of Removal Action Report and second a Final Completion of Removal Action Report
a The Interim Completion of Removal Action Report shall include at a minimum
(1) a synopsis of the work defined in the SOW and the 100 NTCRA Design and a synopsis of all work actually performed
(2) an explanation of any modifications to work in the SOW and the 100 NTCRA Design and why such modifications were necessary to implement the NTCRA
(3) drawings and specifications for all components of the NTCRA and
(4) a final inspection checklist
b The Final Completion of Removal Action Report shall include the categories of information specified in section 300165 of the NCP (OSC Reports) In addition the Final Completion of Removal Action Report shall follow EPA guidance for a Remedial Action Report OSWER Directive 93550-39FS June 1992 and shall include at a minimum
(1) all the data and information necessary to demonstrate compliance according to the approved NTCRA Design
(2) a certification that the NTCRA is operational and functional as designed that no further modifications are necessary to meet the performance standards and that no unacceptable air
- 17 shy
or surface water releases (from the cap only) are occurring or are expected to occur
(3) a detailed explanation as to how t^e Performing Respondent addressed each of the ARARs specifically identified as such in Attachment X of the Action Memo
(4) the final record (as built) plans and specification for the NTCRA and
(5) the conclusions of the data evaluation
B PROJECT MEETINGS
The Performing Respondent and their contractors shall periodically meet with EPA and the MEDEP during implementation of the NTCRA to discuss the status of the project present the results of any investigations and discuss any issues that arise At least one week prior to each such meeting the Performing Respondent shall submit to EPA and the MEDEP as necessary an agenda for the meeting a summary of the issues that will be discussed and any supporting information The following is a list of mandatory meetings that shall be conducted by the Performing Respondent
1 CONSTRUCTION MEETINGS
Unless otherwise agreed by EPA and MEDEP during the construction period the Performing Respondent and its construction contractor(s) shall meet MONTHLY with EPA and MEDEP regarding the progress and details of construction
2 SUBSTANTIAL COMPLETION INSPECTION MEETING
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall schedule and conduct a Substantial Completion Inspection Meeting at the Site The Substantial Completion Inspection Meeting shall include EPA MEDEP and the Performing Respondents Project Coordinator and technical consultant
- 18 shy
3 FINAL INSPECTION MEETING
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall schedule and conduct a Final Inspection Meeting at the Site This Final Inspection Meeting shall include participants from all parties involved in the NTCRA including but not limited to the Performing Respondent and its contractors EPA and the State
EPA may determine that any such meetings are not necessary EPA andor MEDEP andor the Performing Respondent may also schedule additional meetings as necessary to discuss any issues that arise during implementation of the NTCRA
VII POST-REMOVAL SITE CONTROL
The Performing Respondent shall initiate Post-Removal Site Control (PRSC) upon completion of construction of the NTCRA In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit a PRSC plan for EPA approval after a reasonable opportunity for review and comment by MEDEP PRSC shall continue for at least thirty years
Progress Reports shall be submitted throughout the period of PRSC PRSC Progress Reports shall contain a list of all PRSC activities that were performed in the time period since the previous PRSC Progress Report and those PRSC activities that will be performed in the time period until the next PRSC Progress Report In addition PRSC Progress Reports shall include a summary of the results of any PRSC tests or evaluations completed since the last report
PRSC reports shall be submitted quarterly for the first two years following approval of the PRSC plan by EPA after a reasonable opportunity for review and comment by MEDEP For the next 8 years PRSC reports shall be submitted semishyannually in June and November of each year Thereafter PRSC reports shall be submitted annually in November The PRSC reports shall include a discussion of the condition of the NTCRA components and shall identify any corrective measures that have been or need to be installed In particular the condition of the landfill vegetative cover and surface water controldrainage systems shall be discussed
- 19 shy
VIII LONG-TERM MONITORING
In accordance with the schedule set forth in Attachment A to the SOW the Perform g Respondent shall submit a Long-Term Monitoring Plan for EPA Review and Approval after reasonable opportunity for review and comment by MEDEP The objective of the Long-Term Monitoring Plan shall be to evaluate the long-term changes in groundwater surface water and sediment concentrations to assess the effectiveness of the NTCRA The Long-Term Monitoring Plan may also include measures to assess the compliance of the landfill passive gas venting control system and the surface water and sediment control systems The data collected as part of the RIFS Order may be consolidated as a substitute for this data
The Performing Respondent shall initiate the long-term monitoring upon EPA approval of the Long-Term Monitoring Report and continue to perform long-term monitoring of the Site for at least thirty years after EPA approval of the Completion of Removal Action Report Any modifications to these requirements should be made in a manner consistent with Paragraph 111 of the Order
- 20 shy
ATTACHMENT A NTCRA SCHEDULE
DeliverableMeeting Due Date
Kick-off meeting between EPA MEDEP and Design Contractor
Design Progress Reports
Submit Conceptual Design Letter Report to EPA and MEDEP
Final Design Meeting for Sediment Consolidation
Submit draft 100 Sediment Consolidation Design
Conceptual Design Meeting
Monthly Project Mtg
Institutional Control Plan
Submit 100 NTCRA Design
100 NTCRA Design Meeting
Health and Safety Plan for Construction Activities
Second 100 Design Meeting
NTCRA Implementation Schedule
Revised 100 Design Construction Document Submittal
NTCRA Implementation Progress Reports
Construction Meetings
Post-Removal Site Control Plan
Held on December 18 1996
15th calendar day of each month until EPA approval of 100 NTCRA Design
Submitted December 15 1996
Held on December 18 1996
Submitted December 15 1996
Held January 9 1997
To be set by EPA
within 60 days of the effective date of the NTCRA Order
February 28 1997
March 21 1997
No later than May 16 1997
No later than May 23 1997
No later than June 13 1997
No later than June 13 1997
15th calendar day of each month after EPA approval of 100 NTCRA Design until approval of the Completion of Removal Action Report
Once per month during NTCRA construction activities
July 15 1997
Attachment A - 1
Submit Long-Term Monitoring Plan to EPA and MEDEP
Substantial Completion InspectionMeeting
Winter Stabilization Plan
Interim Completion of Removal Action Report
Final Completion of Removal Action Report
Final Inspection
Post-Removal Site Control Progress Reports
No later than December 1 1997
No later than December ]5 1997
By 30th of October of each year until EPA approval of the Post-Removal Site Control Plan
30 days prior to Substantial Completion Inspection Meeting
Within 120 days of the Substantial Completion Inspection
No later than May 15 1998
Quarterly for the 1st two years after approval of PRSC Plan(to be submitted in March June September and December of each year) for the next eight years semishyannually in June and November of each year Thereafter annually in November
Attachment A - 2
ATTACHMENT B
FIELD SAMPLING PLAN COMPONENT OF THE NTCRA 100 DESIGN
The overall objectives of the Field Sampling Plan (FSP) are as follows
1 to document specific objectives procedures and rationales for fieldwork and sample analytical work
2 to ensure that sampling and analysis activities are necessary and sufficient and
3 to provide a common point of reference for all parties to ensure the comparability and compatibility of all objectives and the sampling and analysis activities
The following critical elements of the FSP shall be described for each sample medium as necessary (eg ground water surface water soil sediment air and biota) and for each sampling event
1 sampling objectives (iedemonstration of attainment five year review etc)
2 data quality objectives including data uses and the rationale for the selection of analytical levels and detection limits (see Data Quality Objectives Development Guidance for Uncontrolled Hazardous Waste Site Remedial Response Activities OSWER Directive 935507 March 1987) Also Guidance for Data Useability in Risk Assessment EPA540G-90-008 October 1990
3 site background update including an evaluation of the validity sufficiency and sensitivity of existing data
4 sampling locations and rationale
5 sampling procedures and rationale and references
6 numbers of samples and justification
7 numbers of field blanks trip blanks and duplicates
Attachment B - 1
8 sample media (eg ground water surface war soil sediment air and buildings facilities and structures including surfaces structural materials and residue)
9 sample equipment containers minimum sample quantities sample preservation techniques maximum holding times
10 instrumentation and procedures for the calibration and use of portable air soil- or water-monitoring equipment to be used in the field
11 chemical and physical parameters in the analysis of each sample
12 chain-of-custody procedures must be clearly stated (see EPA NEIC Policies and Procedures Manual EPA 3309-78shy001-R May 1978 revised May 1986
13 procedures to eliminate cross-contamination of samples (such as dedicated equipment)
14 sample types including collection methods and if field and laboratory analyses will be conducted
15 laboratory analytical procedures equipment and detection limits
16 equipment decontamination procedures
The FSP must establish the framework for all anticipated field activities (eg sampling objectives evaluation of existing data standard operating procedures) and contain specific information on each round of field sampling and analysis work (eg sampling locations and rationale sample numbers and rationale analyses of samples) During the NTCRA the FSP shall be revised as necessary to cover each round of field or laboratory activities Revisions or a statement regarding the need for revisions shall be included in each deliverable describing all new field work
The FSP shall include provisions requiring notification of EPA and the MEDEP at a minimum four weeks before field sampling events The Performing Respondent shall provide EPA and MEDEP at least one week notice for non-analytical engineering analysis samples The FSP shall also allow split replicate or duplicate samples to be taken by EPA
Attachment B - 2
(or their contractor personnel) MEDEP and by other parties authorized by EPA At the request of EPA or MEDEP the Performing Respondent shall provide these samples in appropriately pre-cleaned containers to the government representatives Identical procedures shall be used t_raquo collect the Performing Respondents samples and the parallel samples unless otherwise specified by EPA or MEDEP The following guidance documents shall be followed in developing the FSP including
1 Guidance for Conducting Remedial Investigations and Feasibility Studies Under CERCLA (OSWER Directive 93553-01 EPA540G-89004 October 1988)
2 Data Quality Objectives for Remedial Response Activities Development Process EPA540G-87003 (OSWER Directive 93550-7B March 1987)
3 Data Quality Objectives for Remedial Response Activities example scenario RIFS Activities at a site with contaminated Soil and Ground Water (OSWER Directive 93550-7B EPA540G-87002 March 1987)
4 Test Methods for Evaluating Solid Waste PhysicalChemical Method (EPA Pub SW-846 Third Edition)
5 Analytical methods as specified in CFR 40 CFR Parts 136 14123 14124 and 14125 and Agency manuals documenting these methods
6 Statement of Works for Inorganic and Organic Analyses EPA Contract Laboratory Program
7 Guidance for Data Useability in Risk Assessment EPA540G-90-008 October 1990 and
8 Ecological Assessment of Hazardous Waste Sites A Field and Laboratory Reference EPA6003-89013 March 1989
Attachment B - 3
ATTACHMENT C
QUALITY ASSURANCE PLAN FOR THE NTCRA 100 DESIGN
The Quality Assurance Project Plan (QAPjP) shall document in writing site-specific objectives policies organizations functional activities and shall specify quality assurancequality control (QAQC) activities designed to achieve the data quality objectives (DQOs) of the NTCRA The QAPjP developed for this project shall document QAQC policies procedure routines and specifications All project activities throughout the NTCRA shall comply with the QAPjP All QAPjP and sampling and analysis objectives and procedures shall be consistent with Interim Guidelines and Specifications for Preparing Quality Assurance Project Plans (EPA 1983 - EPA QAMS- 00580 1980) All analytical methods shall be consistent with applicable EPA analytical protocols and methods
The 16 basic elements of the QAPjP plan are
1 title page with provision for approval signatures of principal investigators
2 table of contents
3 project description
4 project organization and responsibility
5 quality assurance objectives for measurement data in terms of precision accuracy completeness representativeness and comparability
6 sampling procedures
7 sample custody
8 calibration procedures and frequency
9 analytical procedures which must be EPA approved or equivalent methods
10 data reduction validation and reporting
11 internal quality control checks and frequency
Attachment C - 1
12 performance and system audits and frequency
13 preventive maintenance procedures and schedules
14 specific routine procedures to be used to assess the precision accuracy and completeness of data and to assess specific measurement parameters involved
15 corrective action and
16 quality assurance reports to management
As indicated in EPAQAMS-00580 the above list of essential elements must be considered in the QAPjP for the NTCRA If a particular element is deemed not relevant to the project the reasons for such determination must be provided
Information in a plan other than the QAPjP may be cross-referenced clearly in the QAPjP provided that all objectives procedures and rationales in the documents are consistent and the reference material fulfills the requirements of EPAQAMS-00580 Examples of how this cross-reference might be accomplished can be found in the Data Quality Objectives for Remedial Response Activities Development Process EPA5406-87OQ3 (OSWER Directive 93550-7B) March 1987 and the Data Quality Objectives for Remedial Response Activities Example Scenario EPA540Gshy87004 (OSWER Directive 93550-7B) March 1987 EPA-approved analytical methods or alternative methods approved by EPA shall be used and their corresponding EPA-approved guidelines shall be applied when they are available and applicable
The QAQC for any laboratory used during the NTCRA shall be included in the QAPjP When this work is performed by a contractor to the Performing Respondent each laboratory performing chemical analyses shall meet the following requirements
1 be approved by the State Laboratory Evaluation Program if available
2 have successful performance in one of EPAs National Proficiency Sample Programs (ie Water Supply or Water Pollution Studies or the States proficiency sampling program)
Attachment C - 2
3 be familiar with the requirements of 48 CFR Part 1546 contract requirements for quality assurance and
4 have a QAPjP for the laboratory including all relevant analysis This plan shall be referenced as part of the contractors QAPjP
The Performing Respondent shall certify that all validation of data was performed by an independent person according to Region Is Laboratory Data Validation Functional Guidelines for Evaluating Organic and Inorganic Analyses (amended as necessary to account for the differences between the approved analytical methods for the project and the Contract Laboratory Procedures (CLP) These approved methods shall be contained in the QAPjP The independent person shall not be the laboratory conducting the analyses and should be a person familiar with EPA Region I data validating procedures The independent person performing the validation shall insure that the data packages are complete and all discrepancies have been resolved if possible and the appropriate data qualifiers have been applied The Performing Respondent shall keep the complete data package and make it available to EPA and the MEDEP on request The complete data package must include the following
o Narrative stating method used and explanation of any problems
o Tabulated summary forms for samples standards and QC
o Raw data for samples standards and QC o Sample preparation logs and notebook pages o Sample analysis logs andor notebook pages o Chain of custody sample tags o An example calculation for every method per
matrix
Attachment C - 3
ATTACHMENT D
GENERAL REQUIREMENTS FOR THE TECHNICAL SPECIFICATIONS COMPONENT OF THE NTCRA DESIGN
The general requirements section of the technical specification shall describe how the Performing Respondent will manage the project to complete the NTCRA as required under the SOW and the Order As part of the technical specifications the Performing Respondent shall require the following tasks
1 provide for the security of government and private property on the Site
2 estrict unauthorized entry to the Site which might result in exposure of persons to potentially hazardous conditions
3 establish the location of a field office for on-site activities
4 provide contingency and notification plans for potentially dangerous activities associated with the NTCRA
5 monitor airborne contaminants released by Site activities which may affect the local populations
6 communicate to EPA MEDEP and the public the organization and management of the NTCRA including key personnel and their responsibilities
7 provide a list of Performing Respondents contractors and subcontractors and description of their activities and roles
8 provide for the proper disposal of materials used and wastes generated during the NTCRA (eg drill cutting extracted ground water protective clothing disposable equipment) These provisions shall be consistent with the off-site disposal requirements of CERCLA sect 121(d)(3) RCRA and applicable state laws The Performing Respondent or their authorized representative or another party acceptable to EPA and MEDEP shall be identified as the generator of wastes for the purpose of regulatory or policy compliance
Attachment D - 1
9 provide a description of the project staff and communication strategy
10 provide the mechanism for identifying and notifying EPA and MEDEP of non-conformance with the design and ixeld change requests and
11 provide traffic controls and community notification strategy
Attachment D - 2
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page iii
XXXX WAIVER OF SETTLEMENT CONFERENCE 87
XXXXI MODIFICATION OF ORDER 87
XXXXII SEPARATE DOCUMENTS 88
XXXXIII EFFECTIVE DATE 88
XXXXIV TERMINATION 88
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 1
I JURISDICTION
1 This Administrative Order by Consent for Removal Action is
entered into voluntarily by and between the United States
Environmental Protection Agency (EPA) the State of Maine and
all of the Respondents listed in the caption above (hereinafter
the Respondents) This Order concerns the performance of the
Removal Action in connection with the Superfund Site known as the
Saco Municipal Landfill Site (the Site) in Saco York County
Maine This Order is issued pursuant to the authority vested in
the President of the United States by Sections 104(a) 106(a) and
122(a) of the Comprehensive Environmental Response Compensation
and Liability Act as amended (CERCLA) 42 USC sectsect 9604(a)
9606(a) and 9622(a) These authorities were delegated to the
Administrator of EPA on January 23 1987 by Executive Order
12580 52 Fed Reg 2926 (January 29 1987) and further
delegated to the EPA Region I Regional Administrator on
September 13 1987 by EPA delegation Nos 14-14-A and 14-14-C
and further delegated to the Director of the Office of Site
Remediation and Restoration Director This Administrative Order
by Consent is also issued pursuant to the authority vested in the
Commissioner of the Maine DEP by the Maine Uncontrolled Hazardous
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sita Page 2
Substance Sites Law 38 MRSA sect 1365(1) amp (2) (1989 amp Suf j
1997) The Respondents agree not to contest the authority or
jurisdiction of the EPA Regional Administrator the State of
Maine or their delegatees to issue this Order in any subsequent
proceeding to enforce the terms of this Order
2 EPA notified the Federal Natural Resource Trustees of
this action on September 23 1996 pursuant to Section 122(j) of
CERCLA 42 USC sect 9622(j)
II PARTIES BOUND
3 This Order shall apply to and be binding upon EPA the
State of Maine and the Respondents their successors and
assigns and upon all persons contractors and consultants whom
the Respondents have authorized to act on their behalf to perform
Work pursuant to this Order No change or changes in the
ownership or corporate or legal status of any of the Respondents
including but not limited to any transfer of assets or real or
personal property shall in any way alter the Respondents
responsibilities under this Order Each Respondent shall provide
a copy of this Order to any subsequent owners or successors (or
purchasers of all or substantially all assets) before ownership
rights are transferred The signatories to this Order certify
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 3
that they are authorized to execute and legally bind the parties
they represent
4 Any Respondent that owns any portion of the Site shall
at least 30 days prior to the conveyance of any interest in real
property at the Site give written notice that the property is
subject to this Order to the transferee and written notice to EPA
and the State of the proposed conveyance including the name and
address of the transferee
5 The City of Saco (hereafter the City) shall provide a
copy of this Order to all contractors subcontractors
laboratories and consultants retained to conduct any portion of
the Work performed pursuant to this Order within fourteen (14)
days after the effective date of this Order or after the date of
such retention whichever is later Notwithstanding the terms of
any contract the City is responsible for compliance with all
requirements of this Order (except for Paragraph 96 and
obligations arising therefrom) and for ensuring that all persons
contractors sub-contractors agents and consultants whom the
City has authorized to act on its behalf comply with this Order
In the event of conflict between this Administrative Order by
Consent and any document attached to incorporated into or
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 4
enforceable hereunder the provisions of this Administrative
Order by Consent shall control Any reference herein to the
Work shall mean all activities conducted pursuant to this Order
including but not limited to the Removal Action and all
response actions to be undertaken pursuant to the Action
Memorandum for a Non-Time-Critical Removal Action at the Site
except those activities required by Section XVIII (Record
Preservation) and Paragraph 96 (Payment by Non-Performing
Respondents)
III DEFINITIONS
6 Unless otherwise expressly provided herein terms used
in this Order 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 Order or in the appendices attached hereto and
incorporated hereunder the following definitions shall apply
a Action Memorandum shall mean the EPA Action
Memorandum relating to the Saco Municipal Landfill Site
signed on September 23 1996 by the Director of the Office
of Site Remediation and Restoration (OSRR) EPA Region I
as amended and all attachments thereto
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 5
b Cost Recovery Administrative Agreement shall mea the
Cost Recovery Administrative Agreement Docket No CERCLA shy
1-97-1010 entered by the Respondents and EPA
c Day shall mean a calendar day unless expressly stated
to be a working day or unless the reference is to a period
of ten (10) days or less in which case intervening weekend
days and legal federal holidays shall not be counted in
determining dates In all other instances of computing any
period of time under this Order 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 Working day shall mean a day other than a Saturday
Sunday or federal holiday
d Deliverable shall mean any contract deliverable
plan report notice specification schedule or other item
or document required to be submitted by the City pursuant to
the Order or Statement of Work
e EPA Approval or EPA Review and Approval shall mean
the procedures specified in Section XIVA of this Order
Administrative Order By Consent for Removal Action Saco Municipal Landfill Super-fund Site Page 6
f Extraordinary Response Costs shall mean any costo EPA
or the Maine DEP incur pursuant to Paragraphs 52d 65 69
102 and 104
g Landfill shall mean the Saco Municipal Landfill
which is owned by the City and comprised of four waste
disposal areas (identified as Areas 1 2 3 and 4 in
Appendix A) situated on the 90 acre Landfill Parcel located
on Foss Road in Saco York County Maine owned by the City
h Landfill Parcel shall mean the 90 acre parcel of land
owned by the City on Foss Road in Saco York County Maine
upon which the Landfill is situated
i National Contingency Plan or NCP shall mean the
National Oil and Hazardous Substances Pollution Contingency
Plan promulgated pursuant to Section 105 of CERCLA 42
USC sect 9605 codified at 40 CFR Part 300 and any
amendments thereto
j NTCRA shall mean the Non-Time-Critical Removal Action
undertaken pursuant to this Order
k Order shall mean this Administrative Order by
Consent the Statement of Work (SOW) and any other
appendices or attachments thereto including any future
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 7
modifications as provided by the terms of this
Administrative Order by Consent as may be added hereafter
including (upon EPA Approval or the Citys Certification)
any Deliverables required by this Order such Deliverables
shall be incorporated into and enforceable under this Order
upon EPA Approval or the Citys Certification
1 Oversight Costs shall mean all costs including but
not limited to direct and indirect costs not inconsistent
with the NCP that EPA the Department of Justice or the
State of Maine incur after the effective date of this Order
in overseeing this Order and the Cost Recovery
Administrative Agreement including costs incurred for
negotiating amendments to these instruments- costs incurred
for reviewing or developing plans reports and other items
in connection with this Order costs incurred for overseeing
actions undertaken by the City at the Site pursuant to this
Order including but not limited to payroll costs
contractor costs travel costs and laboratory costs- any
payments tc the State through a cooperative agreement lt~osts
incurred by EPA under or in connection with a contract or
arrangement between EPA and a qualified person to assist EPA
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 8
in overseeing and reviewing the conduct of activities
required under this Order costs of contractors hired by EPA
and other federal agencies to assist in the evaluation of
Respondents Work under this Order costs related to
community relationsinvolvement and any Interest accruing
from the date payment for such costs is due Extraordinary
Response Costs shall be excluded from the definition of
Oversight Costs
m Paragraph shall mean a portion of this Order
identified by an Arabic numeral or an upper case letter
n Parties shall mean EPA the State of Maine and the
Respondents
o Past Response Costs shall mean all costs including
but not limited to direct and indirect costs that EPA the
US Department of Justice or the State of Maine incurred
at the Site or in connection with the Site through the
effective date of this Order plus accrued Interest on all
such costs through such date
p Post-Removal Site Control shall mean those activities
necessary to maintain the effectiveness and integrity of the
NTCRA
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 9
q Prior MEDEP Orders and Consent Decrees shall meai The
1970 Consent Agreement and Order issued by the MEDEP to the
City the 1981 Administrative Consent Agreement and
Enforcement Order issued by MEDEP to the City the 1984
Consent Decree entered by the MEDEP and the City the 1986
First Amendment to the 1984 Consent Decree the 1987 Consent
Decree between the MEDEP and the City and all other
administrative orders and consent decrees related to the
Site issued by the MEDEP to the City prior to the effective
date of this Order
r Removal Action shall mean all activities that the
Respondents are required to perform under this Order
including but not limited to all response actions to be
undertaken pursuant to the Action Memorandum for a Non-Time
Critical Removal Action at the Site dated September 23
1996 except those activities required by Section XVIII
(Record Preservation) and Paragraph 96 (Payment by Non-
Performing Respondents)
s Response Costs shall mean all costs including but
not limited to direct and indirect costs plus Interest on
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 10
all such costs that EPA the US Department of Justice or
the State of Maine incur in connection this Order
t Performing Respondent shall mean the City of Saco
Maine
u Performing Respondents Certification shall mean the
procedures specified in Section XIVB of this Order
v Non-Performing Respondents shall mean those parties
identified in Paragraph 12
w RIFS Order shall mean the Administrative Order by
Consent for Remedial InvestigationFeasibility Study EPA
Region I CERCLA Docket No I-CERCLA-95-1069
x RIFS Response Costs shall mean those costs
including but not limited to direct and indirect costs that
EPA the US Department of Justice or the State of Maine
incurred or will incur in connection with the RIFS Order
plus accrued Interest on all such costs
y RFC shall mean the Citys Project Coordinator
z RPM shall mean EPAs Remedial Project Manager
aa Section shall mean a portion of this Order identified
by a Roman numeral
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 11
bb Site shall mean the Saco Municipal Landfill Supe fund
Site encompassing the Landfill the Landfill Parcel and
all other areas where hazardous substances migrating from
the Landfill have come to be located and all areas in
proximity to the hazardous substances necessary for
implementation of the response action
cc State shall mean the State of Maine including MEDEP
dd Statement of Work or SOW shall mean the statement
of work for the design and implementation of the Removal
Action as set forth in Appendix B to this Order any
modifications made in accordance with this Order and any
attachments to the SOW
ee MEDEP or Maine DEP shall mean the State of Maine
Department of Environmental Protection and any predecessor
or successor departments or agencies of the State
IV EPAS AND MAINE PEPS FINDINGS OF FACT
Site Description and History
7 The Site is in a rural residential area Wooded areas
surround the Site in all directions with the exception of an
open sand and gravel quarry to the southeast private residences
are located to the north and east The closest residence is
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 12
approximately 1000 feet northeast of the entrance to the
landfill In 1975 a waterline extension for the Biddeford and
Saco Water Company was installed along Buxton Road which is to
the east of the Site north to the Louden Road that services
many of the private residences in the area
8 The City of Saco operated the Landfill from 1963 until
approximately 1988 Solid wastes commercial wastes and
industrial wastes were disposed of at the Landfill In 1987 the
City of Saco began operating and continues to operate a
transfer station and compost area near the northern perimeter of
the Landfill Parcel and to the west of Foss Road The transfer
station receives and temporarily stores demolition debris wood
waste and white goods prior to off-site disposal The Landfill
is comprised of four distinct waste deposition areas (Areas 1 2
3 and 4) A brook known as Sandy Brook flows northwest to
southeast through the Landfill Parcel with Landfill Areas 1 and
2 to the east and Areas 3 and 4 to the west of Sandy Brook
9 Following reports of ground water and surface water
contamination from leachate from the Landfill the Maine DEP
began investigating the Site in 1974 A 1974 report by a
consultant for the City of Saco identified leachate originating
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 13
from Area 1 at the Landfill as a source of contamination and a
1975-1976 report recommended capping Area 1 to prevent continued
leachate generation Further studies by other consultants as
well as by the Maine DEP and EPA identified volatile organic
compounds metals and semi-volatile compounds including but not
limited to acetone bis (2-ethylhexyl) phthalate chromium 11shy
dichloroethane iron lead manganese methyl ethyl ketone and
toluene in the leachate ground water andor surface water at
the Site at the time of the additional studies
10a In February 1976 the Maine DEP issued a Consent
Agreement and Order (Consent Order) to the City of Saco to
abate leachate migration from the Landfill Pursuant to the
Consent Order the City of Saco regraded Area 1 and covered it
with a clay cap in the fall of 1976 In September 1981 the
Maine DEP issued-an Administrative Consent Agreement and
Enforcement Order to the City of Saco requiring submittal of a
closure plan for the entire Landfill The City of Saco submitted
a closure plan to the Maine DEP in March and November 1984
Following Maine DEP approval of the submitted plan the Maine DEP
and the City of Saco entered into a Consent Decree effective
December 31 1984 under which the City of Saco agreed to perform
Administrative Order By Conaent for Removal Action Saco Municipal Landfill Super-fund Site Page 14
the closure plan for the Landfill Pursuant to the approved
closure plan the City of Saco installed a leachate recirculation
system in Area 2 and covered this area of the Landfill with a
clay cap In addition in a separate action from 1985 to 1991
the City of Saco allowed the temporary storage of solid waste
from Nike Inc in Area 3 which was later sent off-site for
incineration Area 4 of the Landfill has been graded and is
covered with a thin layer of soil
b A number of monitoring efforts at the Site have
been undertaken by the City of Saco and others In 1980 34
private wells located near the Site were sampled In 1984 the
City of Saco contracted with Dubois amp King which installed 24
additional monitoring wells conducted sampling of groundwater
surface water off-site residential wells and ponds and
initiated quarterly sampling In 1987-1988 the City of Saco
contracted with Balsam Environmental Consultants to conduct
sampling of groundwater surface water and leachate in
preparation for Landfill closure activities In 1989 Balsam
evaluated the existing monitoring well network and submitted a
Remedial Investigation Plan
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 15
c From September 1992-April 1994 Halliburton NUS
Corporation provided technical assistance to EPA conducted a
Limited Field Investigation under EPA oversight and prepared a
Final Site Summary Report regarding the Site In 1993-1994 the
US Geological Survey under an Interagency Agreement with the
EPA conducted a detailed geologichydrogeologic review of the
Site and installed monitoring wells performed numerous
geophysical analyses and monitored and sampled surface water
B Performing Respondent
11 The City of Saco is a municipality which currently owns
the Landfill Parcel and the Landfill and owned the landfill
Parcel and the Landfill during the time of disposal of hazardous
substances at the Landfill The City also operated the Landfill
during the time of disposal of hazardous substances at the
Landfill either directly or through a contractor The City of
Saco typically provided trash removal services for residential
and non-industrial commercial entities Industrial entities
handled their own waste hauling to the Landfill
C Non-Performing Respondents
12 The following parties are Non-Performing Respondents
Robus Leather Corporation fka George Newman amp Company
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 16
successor by merger to Biddeford Industries Inc a corporation
under the law of the State of Ohio CL Hauthaway amp Sons Corp
a corporation under the law of the Commonwealth of Massachusettsshy
Gabriel Electronics Incorporated a corporation under the law of
the State of Maine Litton Industries Inc a corporation under
the law c_ the State of Delaware- Lyn-Flex Industries an
unincorporated division of Der-Tex Corporation a corporation
under the law of the Commonwealth of Massachusetts Millipore
Corporation a corporation under the law of the Commonwealth of
Massachusetts Nike Inc a corporation under the law of the
State of Oregon ZENECA Inc a corporation under the law of the
State of Delaware Saco Defense Inc a corporation under the law
of the State of Delaware Bemis Company Inc a corporation
under the law of the State of Missouri and Champion
International Corporation a corporation under the law of the
State of New York EPA and Maine DEP allege that each Non-
Performing Respondent arranged by contract agreement or
otherwise for the disposal or treatment of hazardous substances
at the Landfill andor accepted or
had a corporate relationship with a person that accepted
hazardous substances for transport to the Landfill
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 17
C Environmental Status of Site
13 Beginning in the mid-1970s individuals residing near
the Site reported water quality concerns regarding their drinking
water wells To address these concerns the municipal water
supply was extended along Buxton Road (Route 112) in 1975
14 Based upon the hazardous substance releases detected
during EPA MEDEP and City of Saco investigations at the Site
and other information available to EPA regarding disposal of
hazardous substances by industrial generators at the Landfill
and pursuant to Section 105(a)(8)(B) of CERCLA 42 USC
sect 9605(a)(8)(B) the Site was proposed for inclusion on the
National Priorities List (NPL) published by the Administrator
of EPA in the Federal Register on June 24 1988 (NPL Update 7
53 Fed Reg 23988-98) The Site was listed for final inclusion
on the NPL on February 21 1990 (NPL Final Rule Update 7 55
Fed Reg 6154)
15 EPA MEDEP and the City of Saco have entered into the
Administrative Order by Consent for Remedial Investigation
Feasibility Study US EPA Region I CERCLA Docket No I-CERCLAshy
95-1069 (RIFS Order) in order to fully investigate the release
or threat of release of hazardous substances at the Site The
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 18
RIFS Order became effective on October 2 1995 The Remedial
Investigation and Feasibility (RIFS) Study is still in
progress
16 The RIFS and earlier investigations have revealed that
the landfill waste material is the source of hazardous substances
migrating to the underlying soils groundwater sediments and
surface water Hazardous substances were detected in groundwater
monitoring wells adjacent to and downgradient of the Site
indicating that hazardous substances have migrated from the Site
into the overburden groundwater which discharges to Sandy Brook
Groundwater data indicates that hazardous substances including
but not limited to arsenic manganese vinyl chloride benzene
and bis(2-ethylhexyl)phthalate are present at concentrations
above the maximum contaminant levels established under the
federal Safe Drinking Water Act and the Maine Maximum Exposure
Guidelines In addition hazardous substances from the Site have
accumulated in the sediments of leachate seeps adjacent to Sandy
Brook The level of arsenic in one leachate seep adjacent to
Sandy Brook is over 200 times the National Oceanic and
Atmospheric Effects Range-Low concentrations for sediments (NOAA
ER-L)
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 19
17 On June 6 1996 EPA issued an Engineering
EvaluationCost Analysis (EECA) Approval Memorandum for the
Site In this memorandum EPA concludes that a CERCLA Non-Time-
Critical Removal Action is necessary and appropriate to control
the source of hazardous substance releases at the Site and
authorizes the undertaking of an EECA study to evaluate various
response options On July 26 1996 EPA approved the EECA
Report prepared by the City of Saco pursuant to the RIFS Order
18 On September 23 1996 the Director of OSRR EPA Region
I signed an Action Memorandum for a Non-Time-Critical Removal
Action at the Site In order to control and contain the release
of hazardous substances from Areas 3 and 4 of the Saco Municipal
Landfill Site the Action Memorandum calls for excavation of
groundwater seep sediments with arsenic concentrations above 19
mgkg the construction of a multi-layer landfill cap
institutional controls long-term monitoring and Post-Removal
Site Control (operation and maintenance) of the cap and
monitoring wells
D Endangerment and Response
19 The primary route by which human populations could be
exposed to hazardous substances migrating from the Site is
Administrative Order By Concent for Removal Action Saeo Municipal Landfill Superfund Site Page 20
ingestion of groundwater in the vicinity of Areas 3 and 4 At
present no residents living near the Site are known to be
consuming impacted groundwater However the potential exists
for new residences to be located (with associated drinking water
wells) near the Site
20 Due to ongoing weather conditions water infiltrates
the landfill waste material and underlying soils causing the
leaching of hazardous substances to the groundwater and the
migration of such substances through the groundwater An
exposure pathway potentially exists therefore through the
ingestion of water from a drinking water well installed in the
groundwater impacted by the hazardous substances
21 A risk evaluation performed for the EECA Approval Memo
concludes that there is an unacceptable cancer and non-cancer
risk from exposure to substances in the groundwater including
those hazardous substances listed in Paragraph 9 above The
cumulative excess cancer risk resulting from ingestion of
groundwater by a future user is estimated as 1 x 10~2 for the
reasonable maximum exposed individual and 91 x 104 for the
average exposed individual These levels exceed the highest
acceptable level of risk (1 x 10) established by EPA under the
Administrative Order By Convent for Removal Action Saoo Municipal Landfill Superfund Site Page 21
National Contingency Plan The hazard index which is an
expression of the potential noncarcinogenic effects (eg liver
damage) of the hazardous substances is estimated as 64 for the
reasonable maximum exposed individual and 22 for the average
exposed individual A hazard index significantly greater than
one is considered to pose an unacceptable risk
22 The EECA Approval Memo risk evaluation also identified
an unacceptable risk from human exposure to the maximum
concentrations of arsenic in the groundwater seeps and an
unacceptable non-cancer risk from human exposure to chromium in
the soils adjacent to Area 3
23 An ecological risk was also identified by the EECA
Approval Memo risk evaluation Iron concentrations in Sandy
Brook were up to 18 times the ambient water quality criteria and
arsenic concentrations in Sandy Brook sediments and the
groundwater seep sediments were 138 times the NOAA ER-L
24 The Removal Action specified in the Action Memorandum
signed by the Director of OSRR EPA Region I on September 23
1996 and as detailed in the Order and SOW is designed to
control the actual or threatened release of hazardous substances
into the groundwater air surface water and sediments and
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 22
thereby prevent minimize andor mitigate the imminent and
substantial endangerment to the public health or welfare or the
environment posed by the actual or potential releases of
hazardous substances from the Landfill
V EPAS AND MAINE PEPS DETERMINATIONS
Based on the Findings of Fact set forth above and the
administrative record supporting the Removal Action EPA and the
Maine DEP have determined that
25 The Saco Municipal Landfill Superfund Site is a
facility as defined by Section 101(9) of CERCLA 42 USC
sect 9601(9) and an uncontrolled hazardous substance site within
the meaning of the Maine Uncontrolled Sites Law 38 MRSA
sect 1362(3) (1989 amp Supp 1997)
26 The hazardous substances found at the Site as
identified in the Findings of Fact above include hazardous
substance(s) as defined by Section 101(14) of CERCLA 42 USC
sect 9601(14) and the Maine Uncontrolled Sites Law 38 MRSA
sect 1362(1) (1989 amp Supp 1997)
27 Each Respondent is a person as defined by Section
101(21) of CERCLA 42 USC sect 9601(21)
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 23
28 Each Respondent is a liable party within the meaning of
Section 107(a) of CERCLA 42 USC sect 9607(a) and a responsible
party within the meaning of the Maine Uncontrolled Hazardous
Substances Sites Law 38 MRSA sect 1362(2) (1989 amp Supp 1997)
29 The conditions described in the Findings of Fact above
constitute an actual or threatened release of a hazardous
substance from the facility into the environment as defined by
Section 101(8) and (22) of CERCLA 42 USC sect 9601(8) and (22)
30 The conditions present at the Site may constitute a
threat to public health welfare andor the environment based
upon the factors set forth in Section 300415(b)(2) of the
National Contingency Plan 40 CFR sect 300415(b)(2)
31 The actual or threatened release of hazardous
substances from the Site may present an imminent and substantial
endangerment to the public health welfare or the environment
within the meaning of Section 106(a) of CERCLA 42 USC
sect 9606(a) and may constitute threats or hazards posed or
potentially posed by an uncontrolled site within the meaning of
the Maine Uncontrolled Sites Law 38 MRSA sect 1364 (1989 amp
Supp 1997)
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 24
32 In order to protect the public health and welfare and
the environment and prevent the further release or threat of
release of hazardous substances in at or from the Site a
Removal Action is necessary and appropriate The Removal Action
will consist of implementation of this Order and SOW The SOW is
designed to prevent minimize andor mitigate damage to the
public health or welfare or the environment which may otherwise
result from the release or threat of release of hazardous
substances and was developed in accordance with the criteria set
forth at Section 300415 of the NCP 40 CFR sect 300415 The
Removal Action is not inconsistent with the NCP and CERCLA
33 Despite the Non-Performing Respondents agreement to
make payments to be used for performance of the Work and the
Performing Respondents agreement to perform Work under this
Order Respondents do not admit any of the factual or legal
determinations made by EPA and Maine DEP Respondents agreement
to this Order shall not be construed to be an acknowledgment that
the release or threatened release constitutes an imminent and
substantial endangerment to the public health or welfare or the
environment Except as otherwise provided in the Federal Rules
of Evidence and other than in proceedings to enforce i) this
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 25
Order ii) any agreement between and amonc e Performing
Respondent and Non-Performing Respondents regarding the Site or
iii) a judgment relating to this Order or any such agreement
Respondents participation in this settlement shall not be
considered an admission of liability for any purpose and the
fact of such participation shall not be admissible in any
judicial or administrative proceeding
VI ORDER
34 Based upon EPAs and MEDEPs jurisdiction the Findings
of Fact and Determinations set forth above and the
administrative record supporting the Removal Action EPA and the
Maine DEP hereby order and the Parties hereby agree that the
Respondents as required herein shall comply with the provisions
of this Order and SOW and perform all actions required by the
terms and conditions of this Order and SOW
VII REMOVAL WORK TO BE PERFORMED COMPLETION OF WORK
35 Upon the effective date of this Order the City shall
perform the Work detailed in the SOW to perform the Removal
Action and meet the performance standards specified in the Action
Memorandum and the SOW The Parties agree that the SOW is
consistent with the Action Memorandum Notwithstanding any
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 26
determination that EPA may make under Paragraph 70 cpound this Order
that additional response actions are necessary to attain the
performance standards specified in the Action Memorandum
compliance with the Work requirements specified in the SOW shall
constitute compliance with the Citys obligation to perform the
Work required by this Paragraph (Paragraph 35) If the SOW must
be modified to ensure that the City meets the performance
standards specified in the Action Memorandum and the SOW the
City must thereafter complete the Work required by the SOW as
modified As specified in the SOW the Removal Action will
generally consist of (i) excavation of all sediments in the
groundwater seep adjacent to Sandy Brook having an arsenic
concentration above 19 mgkg (ii) the design and construction of
a multi-layer low hydraulic conductivity cap over the landfill
(iii) long-term monitoring of the groundwater surface water and
sediments (iv) Post-Removal Site Control and (v) institutional
controls including deed restrictions andor other controls to
prohibit the future use of the Site in any manner that would
compromise the integrity of the cap and its related systems
36 The City shall conduct as necessary Post-Removal Site
Control at the Site in accordance with the SOW All activities
Administrative Order By Connent for Removal Action Saco Municipal Landfill Superfund Site Page 27
performed by the City shall be conducted in accordance with
CERCLA the NCP applicable guidance documents specified by EPA
in the SOW and the provisions of this Order including any
standards specifications and time schedules contained in the
SOW (as such may be amended) and its attachments
37 Pursuant to the schedule in Attachment A to the SOW
the City shall submit for EPA Approval the Final Demonstration of
Compliance and Completion of Removal Action Report (the Final
Completion of Removal Action Report) The Final Completion of
Removal Action Report shall conform to the requirements specified
in the SOW The Final Completion of Removal Action Report shall
also include the following certification signed by the Citys
Project Coordinator or a responsible City official
On behalf of the City for whom I have the authority to make this certification I certify that to the best of my knowledge after appropriate inquiries of relevant persons involved in the preparation of the Report the information submitted 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
38 If EPA after reasonable opportunity for review and
comment by the State determines that the construction portion of
the Removal Action has been fully performed in accordance with
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superpoundund Site Page 28
this Order (with the exception of continuing obligations required
by this Order including without limitation Post-Removal Site
Control long-term monitoring and record preservation) and that
the performance standards specified in the Action Memorandum and
the SOW have been achieved EPA will provide written notice to
the City If EPA after reasonable opportunity for review and
comment by the State determines that all activities have not
been completed in accordance with the provisions of this Order
it will so notify the City and provide a list of the tasks
remaining and a schedule for their completion Subject to the
Citys right to invoke Dispute Resolution the City shall perform
all remaining tasks and shall submit an amended Final Completion
of Removal Action Report in accordance with the EPA notice
VIII COORDINATION AND COOPERATION WITH OTHER RESPONSE ACTIONS
39 The Parties recognize that (i) the City of Saco is
currently performing an RIFS at the Site (ii) EPA intends
after reasonable opportunity for review and comment by the Maine
DEP to select a final remedial action for the Site following
completion of the RIFS and (iii) the design andor construction
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Superfund Site Page 29
of a future remedial action may be performed concurrently with
the Citys performance of portions of the Removal Action
40 The City shall coordinate and cooperate fully with EPA
the State and any other person conducting future response
actions at the Site under EPA or State supervision The City
shall not interfere with or hinder the performance of future
response actions nor take any actions inconsistent with the
performance of any future response actions Further the City
shall provide such assistance and information as EPA deems
necessary to ensure the smooth transfer of the operation and
maintenance of the landfill systems to EPA and any other person
conducting future response actions at the Site under EPA or State
supervision if such becomes necessary
IX ENSftlt3EMTiTJT 9F THE CITYS CONSULTANT AND CONTRACTOR AND PROJECT COORDINATOR
41 The City has selected a qualified Consultant (the
Consultant) Woodard and Curran Inc to perform engineering
consulting work including cap design required under this Order
Additional technical activities including cap construction will
be performed by a contractor yet to be selected The Consultant
and contractor shall employ key personnel dedicated to the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 30
Removal Action that shall have a minimum of five (5) years of
direct experience in performing response actions at hazardous
waste sites Subcontractors retained by the Consultant or
contractor shall contribute no more than fifty percent (50) of
the total work to be conducted under the agreement between the
City and the Consultant All work performed by said Consultant
and contractor pursuant to this Order shall be unde^ the general
direction and supervision of a qualified individual with
expertise in hazardous waste site cleanup The contractor shall
employ such professional staff and shall contract with
appropriate subcontractors sufficient to perform the Removal
Action prior to engagement by the City
42 The City shall provide written notice to EPA and the
Maine DEP within ten (10) days after engaging a contractor The
notice shall include a copy of the Citys contract with the
contractor a statement of qualifications identification of
project personnel and language dedicating the specific
professional staff for specific hours devoted to the project
The City shall notify EPA and the Maine DEP regarding the
identity and qualifications of all subcontractors as soon as each
subcontractor is engaged or at least fourteen (14) days prior to
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Superfund Site Page 31
the subcontractors commencement of Site Work whichever occurs
first Notice by the Citys contractor or subcontractor shall be
deemed notice by the City EPA after reasonable opportunity for
review and comment by the Maine DEP shall have the right
subject to the Citys right to invoke Dispute Resolution to
disapprove based on professional qualifications conflicts of
interest andor deficiencies in previous similar work the
Consultant and any contractor or subcontractor or other person
engaged directly or indirectly by the City to conduct the Work
under this Order The City shall not be deemed in violation of
this Order because the Work has been performed by a contractor or
subcontractor or other person engaged directly or indirectly by
the City to conduct the Work under this Order which is
subsequently disapproved by EPA
43 Within fourteen (14) days after the effective date of
this Order the City shall designate a Project Coordinator who
shall be responsible for the administration of all actions called
for by this Order and shall submit the Coordinators name
address and telephone number to EPA and the ^aine DEP Any
subsequent change in the Citys Project Coordinator shall be
accomplished to the extent possible by notifying EPA and the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 32
Maine DEP in writing at least fourteen (14) days prior to the
change The Citys Project Coordinator shall be subject to
disapproval by EPA and shall have the technical expertise
sufficient to adequately oversee all aspects of the work required
under this Order
X DESIGNATION OF GOVERfffMHSITT COORDINATORS
44 EPA will designate a Remedial Project Manager (WRPM)
for administration of its responsibilities for oversight of the
day-to-day activities conducted under the Order and for receipt
of all written matter including deliverables required by the
Order The Maine DEP may designate a Maine DEP Project Manager
for the administration of its responsibilities for oversight of
the day-to-day activities conducted under the Order and for
receipt of all written matter including deliverables submitted
to the Maine DEP as required by this Order In addition EPA
will designate a Geographic Section Chief (GSC) who shall have
ultimate responsibility for the approvaldisapproval findings and
comments on Deliverables pursuant to Section XIV of this Order
EPA will submit the name address and telephone number of the
RPM and GSC to the City and the Maine DEP within fourteen (14)
days after the effective date of this Order EPA shall notify
Administrative Order By Consent for Removal Action Saco Municipal Landfill Suparfund Site Page 33
the City and the Maine DEP in writing of any subsequent changes
in the RPM or GSC
45 The RPM shall have the authority vested in the On-Scene
Coordinator and the Remedial Project Manager by the National
Contingency Plan as amended 40 CFR Part 300 This includes
the authority to halt conduct or direct any tasks required by
this Order andor any response action or portions thereof when
conditions may present an imminent and substantial endangerment
to public health or welfare or the environment The absence of
the EPA RPM from the Site shall not be cause for the City to halt
actions at the Site unless specifically directed by the RPM
XI PLACE AND MANNER OF NOTICE
46 Communications between the City and EPA andor the
Maine DEP and all documents including reports approvals
disapprovals written notice and other correspondence concerning
the activities performed pursuant to the terms and conditions of
this Order shall be directed through the Citys Project
Coordinator the EPA RPM and the Maine DEP Project Manager For
each Deliverable provided to EPA one (I) camera ready (unbound)
original shall be submitted along with such additional copies as
are required by the RPM Additionally two (2) copies shall be
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 34
submitted to the Maine DEP Project Manager along with such
additional copies as the Maine DEP Project Manager may request
All such documents submitted pursuant to this Order shall be sent
by certified mail return receipt requested or by overnight
delivery service or by courier to the EPA RPM and the Maine DEP
Project Manager at the following addresses or to such other
addresses as EPA or the State hereafter may designate in writing
Mary Jane ODonnell Chief MEVTCT Superfund Section US Environmental Protection Agency Office of Site Remediation and Restoration - HBT JFK Federal Building Boston MA 02203
Wilkes Harper Maine DEP Bureau of Remediation and Waste Management 17 State House Station Augusta ME 04333-0017
XII OBSERVATION OF THE CITYS ACTIVITIES
47 The City shall allow the EPA RPM EPA and State
employees (including but not limited to the Maine DEPs Project
Manager) agents consultants contractors and authorized
representatives to observe the Citys Work at the Site in
implementing the Removal Action activities pursuant to this
Order All activities under this Order shall comply with the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 35
provisions for respmdash pe action worker safety and health in
29 CFR sect 1910120 EPA and Maine DEP will provide reasonable
notice to the City prior to such observation to the extent
practicable The City shall permit such persons (i) to inspect
and copy all non-privileged records documents files or other
writings that relate in any way to the work at the Site and that
would be available to EPA pursuant to its authority under Section
104(e)(2) of CERCLA (ii) to record all field activities by means
of photographic or other recording equipment (iii) to enter and
to freely move about all property on or about the Site during
field activities and at all other reasonable times (iv) to
conduct such tests as EPA may deem necessary (the results of
which shall be available to the Respondents and (v) to verify
the data submitted to EPA by the City The City shall not assert
privileges with respect to technical data regarding the Site
collected pursuant to any requirement of the RIFS Administrative
Order by Consent this Order or any other EPA or Maine DEP
request
XIII NECESSITY OF FORMAL APPROVAL
48 No informal advice guidance suggestions or comments
whether written or oral by EPA or the Maine DEP regarding
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 36
Deliverables or regarding any orv er written or oral information
submitted by the City to EPA (including any information the City
provides to EPA before during or after meetings) shall be
construed as relieving the City of its obligations to obtain such
formal reviews as may be required by this Order and SOW
XIV DELIVERABLES SUBMITTED TO EPA AND THE MAINE PEP
49 For Deliverables which require EPA Approval as
specified in this Order or the SOW the City shall comply with
the procedures set forth in subsection XIVA below For
Deliverables which require Performing Respondents Certification
as specified in the SOW the City shall comply with the
procedures set forth in subsection XIVB below
50 All Deliverables submitted to EPA and the Maine DEP
shall be delivered to EPA and the Maine DEP in accordance with
the schedule set forth in the SOW or otherwise established under
this Order or as modified in accordance with Section XXXXI All
Deliverables which have not received an Approval or Approval with
Conditions pursuant to subsection XIVA below or which require
the Citys Certification pursuant to subsection XIVB below
shall include the following disclaimer in a prominent location in
the document Disclaimer This document has been prepared by
Administrative Order By Concent for Removal Action Saco Municipal Landfill Superfund Site Page 37
the City pursuant to a government administrative order and has
not received final acceptance from the US Environmental
Protection Agency The opinions findings and conclusions
expressed are those of the authors and not those of the US
Environmental Protection Agency or Maine Department of
Environmental Protection In addition any such Deliverable
which requires EPA Approval pursuant to subsection XIVA below
and which has not received final approval from EPA shall be
marked DRAFT on each page
51 Any Deliverable required by this Order or SOW shall be
incorporated in and become an enforceable part of this Order
upon EPA Approval pursuant to subsection XIVA or upon the
Performing Respondents Certification pursuant to subsection
XIVB whichever applies Delay or noncompliance with such
Deliverables shall be considered delay or noncompliance with
requirements of this Order and the provisions of Section XXX
(Stipulated Penalties) shall apply
A Deliverables Requiring EPA Approval
52 EPA will review each Deliverable which requires EPA
Approval as specified in this Order or Attachment A of the SOW to
determine after reasonable opportunity for review and comment by
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 38
the Maine DEP whether it is consistent wi^b the requirement-^ of
the SOW and the Order and may respond to the City with one or
more of the following findings
a Approval -- means that the City shall proceed with the
next scheduled activity consistent this Order
(including the approved Deliverable)
b Approval with Conditions -- means that the City shall
proceed with the next scheduled activity subject to
certain required modifications or conditions set forth
in the EPA comments In its response EPA will specify
a schedule for resubmitting the Deliverable with the
required modifications or conditions as set forth in
the EPA comments and EPA will specify in writing the
required modifications or conditions If the City
fails to resubmit the Deliverable within the specified
time EPA may order the City to cease work on the
activity or any portion of it until such time as the
modification is made or the condition is met
c Disapproval with Modification Required -- means that
the City shall not proceed until it modifies the
Deliverable to correct the deficiencies delineated in
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 39
EPAs corr(ccergtsl and resubmits the Deliverable for
further EPA review Modifications may be required in
any originally-submitted Deliverable any portions of a
Deliverable or any Deliverable or portion of a
Deliverable resubmitted to EPA EPA will specify a
schedule for resubmitting any Deliverable requiring
modifications
d Disapproval with EPA Modification mdash means that EPA has
determined that it will modify the submission to cure
any deficiencies in the Deliverable andor undertake
the Work or any portion of it itself EPA will include
a brief explanation for its determination within the
Notice of Disapproval with EPA modification The City
agrees to reimburse EPA for the costs of such
modification or such Work undertaken by EPA as
Extraordinary Response Costs pursuant to and subject to
Paragraph 82 of this Order However EPA shall not
modify a submission without first providing the City at
least one notice of deficiency and an opportunity to
cure within seven (7) days of receipt of such notice
except where to do so would cause serious disruption to
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 40
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
53 Any disapproval of a Deliverable will give rise to
stipulated penalties as set out in this Order- stipulated
penalties shall accrue from the time the disapproved Deliverable
was originally due Stipulated penalties shall not be payable
however for Deliverables Disapproved with Modification Required
unless disapproval of a first resubmission is due to a material
defect In the case of Deliverables Disapproved with EPA
Modification pursuant to Paragraph 52d stipulated penalties
shall not continue to accrue after 30 days after the Deliverable
is disapproved except if the City disputes the disapproval in
which case stipulated penalties shall run in accordance with
Section XXX of this Order In the event of a disagreement over
EPAs determination concerning a Deliverable the parties shall
resolve the disagreement in accordance with the Dispute
Resolution Section (Section XXIX) of this Order A determination
of Approval or Approval with Conditions shall not be construed to
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 41
mean that EPA concurs with all conclusions methods or
statements in the Deliverables
B Deliverables Requiring Performing Respondents Certification
54 Each Deliverable requiring the Performing Respondents
Certification as specified in Attachment A of the SOW shall be
certified by the City as provided below Upon submittal to EPA
and the Maine DEP the City shall proceed with the next scheduled
activity consistent with each such Deliverable without further
notification or approval by EPA Each such Deliverable shall
include the following certification signed by the Citys Project
Coordinator
On behalf of the City for whom I have the authority to make this certification I certify to the best of my knowledge and professional judgment after appropriate inquiries of relevant persons involved in the preparation of this Deliverable that the guidance documents specified in the SOW which apply to this Deliverable were reviewed in preparation of this Deliverable I further certify that to the best of my knowledge and professional judgment this Deliverable is in accordance with the SOW and the guidance documents specified therein which apply to this Deliverable I am aware that the City may be subject to stipulated penalties for submitting a Deliverable that is not in conformance with the SOW and the guidance documents specified therein which apply to this Deliverable
55 EPA at its discretion may provide comments to the
City concerning any Deliverable requiring the Performing
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Suparfund Site Page 42
Respondents Certification and after reasonable opportunity for
review and comment by the State may disapprove the Deliverable
and notify the City of deficiencies in writing Upon receipt of
a notice of disapproval with deficiencies the City shall suspend
performance of all action required by the Deliverable and shall
correct the deficiencies and resubmit the Deliverable within
thirty (30) days or such other time period specified by EPA in
the notice of disapproval Notwithstanding a notice of
disapproval the City shall proceed to take any action required
by any non-deficient portion of the Deliverable If EPA
disapproves the Deliverable as resubmitted the City shall be in
violation of the Order and the provisions of Section XXX
(Stipulated Penalties) shall apply
XV MONTHLY PROGRESS REPORTS AND MEETINGS
56 The City shall provide monthly written progress reports
(Progress Reports) to EPA and the Maine DEP as specified in
the SOW Meetings between the RPM the Maine DEP the RPC and
the Consultant may be held at least once per month at the EPA
office in Boston unless EPA designates another location or
determines that a monthly meeting is not required for a
particular month The City id the Consultant and contractor
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 43
engaged to perform the Work under this Order shall also meet with
and make formal presentations to EPA at the completion of major
components of the Removal Action as specified by the EPA RPM
After completion of all construction activities the City may
upon EPA approval reduce the frequency of submission of the
monthly Progress Reports
57 The City shall submit in its monthly progress reports a
summary of results of sampling andor tests and other data
generated by the City by its Consultant and contractor or on
the Citys behalf in the course of implementation of the Order
The City shall furnish the full results and any underlying
documentation to EPA upon request
XVI QUALITY ASSURANCEQUALITY CONTROL
HEALTH AND SAFETY COMPLIANCE
58 While conducting sample collection sample analysis
and construction activities required by this Order the City
shall use quality assurance quality control and chain of
custody procedures in accordance with EPAs Interim Guidelines
and Specifications for Preparing Quality Assurance Project Plan
(December 1980 QAMS-00580) Data Quality Objective Guidance
(EPA540G87003 and 004) subsequent amendments to such
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 44
guidelines the Quality Assurance Project Plan (QAPP) approved
under the RIFS Order and additional quality assurance
procedures for construction activities required in the SOW
59 The City shall prepare a Health and Safety Plan as
required and described in the SOW The Health and Safety Plan
shall be consistent with and implement standards promulgated by
the Secretary of Labor pursuant to CERCLA and Section 6 of the
Occupational Safety and Health Act of 1970
XVII SPLIT SAMPLING
60 At the request of EPA or the Maine DEP the City shall
provide split or duplicate samples to EPA and the Maine DEP or
their authorized representatives of any samples collected by the
City pursuant to the implementation of this Order Similarly
the City shall allow such split or duplicate samples to be taken
by EPA the Maine DEP andor their authorized representatives
The City shall notify EPA and the Maine DEP not less than thirty
(30) days or such lesser time as approved by the EPA RPM in
advance of any sample collection activity Not less than twenty-
one (21) days in advance of sample collection or such lesser
time as approved by the RPM the City shall notify EPA and the
Maine DEP of the sampling date sampling media and the number of
Administrative Order By Convent for Removal Action Saco Hunicipal Landfill Superfund Site Page 45
samples from each media EPA and the Maine DEP shall conduct any
sampling activities in a reasonable manner Upon request EPA
and the Maine DEP shall allow the City to take split or duplicate
samples of any samples they collect as part of their oversight of
the Citys implementation of the Work
XVIII RECORD PRESERVATION
61 During the pendency of this Order and for a period of
not less than six (6) years after EPA approval of the Final
Completion of Removal Action Report the Respondents shall
preserve all records and documents in their possession which
relate in any way to the performance of activities required under
this Order notwithstanding any document retention policy to the
contrary provided that this Paragraph shall not apply to copies
of documents that are generated by the City EPA or the State of
Maine related to this Order that are in the custody of any Non-
Performing Respondent This Paragraph does not alter the
document retention requirements of the RIFS Order and the Cost
Recovery Administrative Agreement The City shall instruct its
consultants contractors and agents to preserve all records and
documents in their possession which relate to the performance of
the activities required under this Order At the conclusion of
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 46
this document retention period the Respondents shall notify JlPA
and the Maine DEP at least ninety (90) days prior to the
destruction of any such records or documents The Respondents
shall send such notice accompanied by a copy of this Order to
Office of Regional Counsel US Environmental Protection Agency JFK Federal Building Boston MA 02203 Attention Saco Municipal Landfill Superfund Site Re Administrative Order by Consent for Removal Action
and Wilkes Harper Maine DEP Bureau of Remediation and Waste Management 17 State House Station Augusta ME 04333-0017
Upon request by EPA the Respondents shall deliver to EPA any or
all such non-privileged records and documents or copies of any
such non-privileged records and documents The Settling Parties
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 Parties
assert such a privilege they shall provide the EPA with the
following (l) the title of the document record or
information (2) the date of the document record or
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 47
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 Parties However no documents reports or other
information created or generated to meet the requirements of the
Order shall be withheld on the grounds that they are privileged
If EPA does not elect to take delivery of any records or
documents or copies thereof upon request by the Maine DEP the
Respondents shall deliver the requested records and documents or
copies thereof to the Maine DEP If neither EPA nor the Maine
DEP elect to take delivery of any records documents or copies
within 90 days of notice to EPA and the Maine DEP the
Respondents may destroy such records or documents as noticed
XIX CONFIDENTIALITY CLAIMS
62 The City may assert a confidentiality claim if
appropriate covering all or part of the information requested by
this Order pursuant to 40 CFR sect 2203(b) Such an assertion
shall be adequately substantiated when it is made Neither
analytical data nor any information specified in Section
104(e)(7)(F) of CERCLA shall be claimed as confidential by the
Administrative Order By Consent for Removal Action Sm -o Municipal Landfill Suprfund Site Page 48
City Information in EPAs custody which is determined to be
confidential by EPA shall be afforded the protection specified by
40 CFR Part 2 Subpart B and Section 104(e)(7) of CERCLA
Information in MEDEPs custody which is determined to be
confidential by EPA shall be afforded the protection specified by
40 CFR Part 2 Subpart B to the extent provided by applicable
Maine law If no such claim accompanies the information when it
is submitted to EPA and the Maine DEP it may be made available
to the public by EPA and the Maine DEP without further notice to
the City
XX SITE ACCESS
63 The City shall grant access to the Site to EPA and the
Maine DEP and their officers employees agents contractors
consultants and other authorized representatives for purposes of
implementing and monitoring work to be performed urder this
Order during field activities and at all other reasonable times
64 To the extent access to use or ownership of or
easements over property other than the Site is required for the
proper and complete implementation of this Order the City shall
use i_3 best efforts to obtain site access agreements or other
interests in such property within ninety (90) days after the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 49
Orders effective date or within forty-five (45) days of when
EPA and the Maine DEP determine that such access or other
interests become necessary if EPA and Maine DEP first determine
that such access or other interests are necessary after the
effective date of this Order For purposes of this Paragraph
best efforts include but are not limited to providing
reasonable consideration in exchange for access to or other
interests in property
65 Such written access agreements or other interests
obtained pursuant to the preceding Paragraph shall at a minimum
allow the Citys authorized representatives and EPA and the
Maine DEP and their officers employees agents contractors
consultants and other authorized representatives to enter freely
and move about the property during field activities and at all
other reasonable times in order to implement and oversee the
implementation of the Work under this Order consistent with the
other provisions of this Order In the event that the City fails
to obtain any necessary access agreements or other interests
within the time period specified above the City shall notify EPA
and the Maine DEP in writing within five (5) days thereafter
Such notification shall include a description of the efforts made
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 50
by the City to obtain the necessary access and other interests
and the reason for its lack of success The City shall reimburse
EPA for the costs of any action necessary to obtain access as
Extraordinary Response Costs pursuant to and subject to the terms
of Paragraph 82
XXI ENDANGERMENT AND EMERGENCY RESPONSE
66 Upon the occurrence of any event or change of
conditions during implementation of this Order that causes or
threatens any release of hazardous substances pollutants or
contaminants from the Site that endangers the public health
welfare or the environment the City shall immediately take all
appropriate action to prevent abate or minimize such release or
endangerment The City shall also orally notify the EPA and
Maine DEP RPMs within twenty-four (24) hours or in the event of
the EPA RPMs unavailability shall notify within the same period
the Regional Duty Officer of the Emergency Planning and Response
Branch EPA Region I telephone (617) 223-7265 The City shall
act in accordance with all applicable provisions of the Health
and Safety Plan prepared pursuant to the Statement of Work
67 The City shall submit a written report to EPA and the
Maine DEP within seven (7) days after each such event setting
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 51
forth (i) the events that have occurred (ii) the measures caken
and to be taken to mitigate any harm caused or threatened by the
event and (iii) the measures taken and to be taken to prevent
the recurrence of such an event
68 Regardless of whether or not such a report is made to
EPA if EPA determines after reasonable opportunity for review
and comment by the Maine DEP to the extent time permits that
activities in compliance or noncompliance with this Order have
caused or may cause a release of a hazardous substance pollutant
or contaminant that endangers the public health or welfare or the
environment EPA may (i) order the City to stop further
implementation of this Order for such period of time as may be
needed to abate such release or threat (ii) instruct the City to
undertake any action which EPA determines is necessary to abate
such a release or threat andor (iii) undertake any action not
inconsistent with the NCP which EPA determines is necessary to
abate such a release or threat
69 In the event that EPA takes action at the Site to remedy
such a release threat of release or endangerment the City
shall reimburse EPA for the costs of such action not inconsistent
with the NCP as Extraordinary Response Costs pursuant to and
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 52
subject to the terms of Paragraph 82 In the event of a
disagreement between the City and EPA andor the Maine DEP under
this Paragraph the parties shall resolve such dispute in
accordance with the Dispute Resolution provisions in Section
XXIX
XXII ADDITIONAL RESPONSE ACTIONS
70 EPA after reasonable opportunity for review and
comment by the Maine DEP may determine that additional response
actions are necessary to carry out the Removal Action or to meet
the performance standards specified in the Action Memorandum and
the SOW Within 30 days of the Citys receipt of notice from EPA
that additional response actions are necessary (or such longer
time as may be specified by EPA) the City shall submit for EPA
approval after reasonable opportunity for review and comment by
the Maine DEP a work plan for the additional response actions
The plan shall conform to this Order the SOW CERCLA the NCP
and guidance documents identified by EPA Upon EPA approval of
the work plan pursuant to Section XIV (Deliverables Submitted to
EPA) the City shall implement the work plan for additional
response actions in accordance with the schedule contained
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 53
therein All applicable provisions of this Order shall apply to
the performance of additional response actions
71 The City may independently propose that additional
response actions are necessary to carry out the Removal Action or
to meet the performance standards specified in the Action
Memorandum and the SOW In the event EPA after reasonable
opportunity for review and comment by the Maine DEP accepts the
Citys proposal the procedures in the preceding Paragraph shall
govern
72 The City may invoke the procedures set forth in Section
XXIX (Dispute Resolution) to dispute EPAs determination that
additional response actions are necessary to carry out the
Removal Action or to meet the performance standards specified in
the SOW
XXIII OFF-SITE POLICY
73 All hazardous substances pollutants or contaminants
removed off-site pursuant to this Order for treatment storage
or disposal shall be treated stored or disposed of at a
facility in compliance with Section 121(d)(3) of CERCLA as
determined by EPA in accordance with 40 CFR sect 300440 The
removal treatment storage and disposal of all hazardous
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 54
substances pollutants or contaminants she- be in accordancj
with the Maine hazardous waste transportation law to the extent
applicable and all other applicable Maine law
74 The City shall prior to any off-site shipment of
hazardous substances pollutants or contaminants from the Site
pursuant to this Order to an out-of-state waste management
facility provide written notification of such shipment to the
appropriate state environmental official in the receiving
facilitys state and to the EPA RPM and the Maine DEP 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 or where the Maine Hazardous Waste
Management Regulations do not require notification
75 The City shall include in the written notification the
following information (1) the name and location of the facility
to which the hazardous substances pollutants or contaminants
are to be shipped (2) the type and quantity of the hazardous
substances pollutants or contaminants to be shipped (3) the
expected schedule for the shipment and (4) the method of
transportation The City shall notify the state in which the
planned receiving facility is locat d of major changes in the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 55
shipment plan such as a decision to ship the hazardous
substances pollutants or contaminants to another facility within
the same state or to a facility in another state
XXIV OTHER APPLICABLE LAWS
76 Except as otherwise provided pursuant to the next
Paragraph and Section 121(e) of CERCLA all activities undertaken
by the City pursuant to this Order shall be performed in
accordance with the requirements of all applicable federal and
state laws and regulations
77 Solely with regard to on-site activities and in
accordance with 40 CFR sect 300415(i) such activities
undertaken on the Site by the City pursuant to this Order shall
attain applicable or relevant and appropriate requirements
(ARARs) under federal and state environmental laws to the
extent practicable considering the exigencies of the situation
as determined by EPA EPA has determined that the ARARs
specified in the Action Memorandum are practicable to attain for
construction of the landfill cap and sediment removal
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 56
XXV COMMUNITY RELATIONS
78 EPA shall be responsible for preparing a Community
Relations Plan and conducting a community relations program The
City and the Consultant engaged to conduct the Removal Action
under this Order shall consistent with the Community Relations
Plan (i) attend and participate in public meetings regarding
the Site to the extent specified by the RPM (ii) prepare fact
sheets concerning the Site and activities conducted under this
Order for submission to the RPM and (iii) provide timely and
appropriate responses to inquiries from the public at the request
of the RPM
XXVI FINANCIAL ASSURANCE INSURANCE
79 Within thirty (30) days after the effective date of
this Order and annually thereafter until EPA approval of the
Final Completion of Removal Action Report the City shall
demonstrate in writing to EPA that it meets one (1) of the
financial assurance mechanisms specified in 40 CFR sect 264143
for the estimated $60 million cost of work to be performed by
the City under this Order If the City can show that the
estimated cost to complete the remaining Work has diminished
below the total estimated cost of the Work the City may on any
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 57
anniversary date of the effective date of this Order or at any
other time agreed to by the Parties reduce the amount of the
financial assurance provided under this Section to the estimated
cost of the remaining Work to be performed The City shall
submit a proposal for such reduction to EPA and the Maine DEP in
accordance with the requirements of this Section and may reduce
the amount of the assurance upon approval by EPA after reasonable
opportunity for review and comment by the Maine DEP In the
event of a dispute the City may reduce the amount of the
assurance in accordance with the final administrative decision
resolving the dispute under the Dispute Resolution Section
80 At least seven (7) days prior to commencing any on-site
work under this Order the City shall secure through itself or
its consultant and shall maintain for the duration of this
Order comprehensive general liability and automobile insurance
with limits of two (2) million dollars combined single limit
The United States and the Maine DEP shall each be named as an
additional insured for all such insurance policies except
automobile insurance policies Within the same time period the
City shall provide EPA and the Maine DEP with certificates of
such insurance and a copy of each insurance policy If the City
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 58
demonstrates to EPA that any Consultant contractor or
subcontractor maintains insurance equivalent to that described
above or insurance covering the same risks but in a lesser amount
and with EPA and the Maine DEP named as insureds then the City
need provide only that portion of the insurance described above
which is not maintained by the Consultant contractor or
subcontractor
81 For the duration of this Order the City shall satisfy
or shall ensure that its Consultant contractors and
subcontractors satisfy all applicable laws and regulations
regarding workers compensation insurance for all persons
performing the Work on behalf of the City in furtherance of this
Order
XXVII REIMBURSEMENT OF EPA EXTRAORDINARY RESPONSE COSTS
82 The City shall reimburse the Hazardous Substances
Superfund for all Extraordinary Response Costs not inconsistent
with the NCP including interest incurred after the effective
date of this Order by the United States in connection with the
Removal Action or the implementation of this Order pursuant to
Paragraphs 52d 65 69 102 and 104 including without
limitation Extraordinary Response Costs incurred by EPA under or
Administrative Order By Connent for Removal Action Saco Municipal Landfill Superfund Site Page 59
in connection with a contract or arrangement between EPA and a
qualified person to assist EPA in conducting activities required
under this Order pursuant to Paragraphs 52d 65 69 102 and
104 Reimbursable Extraordinary Response Costs shall include all
direct costs related to Paragraphs 52d 65 69 102 and 104 and
all indirect costs related to Paragraphs 52d 65 69 102 and
104 calculated in accordance with EPA policy or EPA regulations
in effect at the time that the costs are incurred including
without limitation time and travel costs of EPA personnel
contractor costs costs under a cooperative agreement costs
related to resolving disputes which arise under this Order
related to Work performed by EPA pursuant to Paragraphs 52d 65
69 102 and 104 enforcing obligations arising from EPAs
performance of Work pursuant to Paragraphs 52d 65 69 102 and
104 of this Order the costs of doing andor redoing any of the
Citys obligations under this Order with respect to Paragraphs
52d 65 69 and 102 of this Order EPA contractor and
cooperative agreement costs related to access and community
relations with respect to Paragraphs 52d 65 69 102 and 104
of this Order and any interest that accrues from the date on
which payment becomes due pursuant to the next Paragraph
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 60
83 On an annual basis EPA will submit to the City an
accounting of costs related to this Order that EPA has incurred
and a bill for Extraordinary Response Costs incurred by EPA with
respect to Paragraphs 52d 65 69 102 and 104 of this Order if
EPA has incurred any such costs This bill will consist of a
line-item summary of costs incurred during the preceding year
the summary will include a breakdown of costs by category
including without limitation payroll travel indirect costs and
contracts and a brief narrative of work related to such costs
(generally one to two paragraphs in length) The City shall
within thirty (30) days after receipt of each such bill remit a
certified check payable to the Hazardous Substances Superfund for
the amount of such bill The City shall include the name of the
Site the Site identification number (01-B9) and the docket
number for this Order on the check and mail the check with a
cover letter to
US Environmental Protection Agency Region I
Attn Superfund Accounting PO Box 360197 M
Pittsburgh PA 15251
A copy of the transmittal letter and the check shall be provided
simultaneously to the EPA Remedial Project Manager
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 61
84 If the City disputes a bill or any portion of a bio1
submitted by EPA the City may initiate dispute resolution
pursuant to the procedures of Section XXIX provided however
that the City notify EPA in writing within thirty (30) days after
receipt of the disputed bill and that the City pay all undisputed
portions of the bill in accordance with the provisions of this
Reimbursement Section Unless a determination is made under
dispute resolution that the City is not obligated to pay the
disputed portion of the bill the time for payment of the
disputed portion shall remain the original payment due date
interest shall accrue on any unpaid portion of the bill from the
original payment due date and EPA may seek stipulated penalties
or otherwise act to enforce the Citys compliance with this
Section and the Order If the City fails to raise a dispute
within thirty (30) days of its receipt of the bill the City
remains obligated for payment of the entire amount of the bill on
the original payment due date interest shall accrue on any
unpaid portion of the bill from the original payment due date
and EPA may seek stipulated penalties or otherwise act to enforce
the Citys compliance with this Section and the Order
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 62
XXVIII FORCE MAJEPRE
85 With respect to the Citys compliance with any deadline
for performance of activities under this Order any interim or
final time deadline or any Deliverables schedule set forth in
this Order or SOW no stipulated penalties or other sanctions
will be imposed for delay directly caused by the following events
which could not have been overcome by the Citys due diligence
(i) an act of God or (ii) the public review and comment process
as described in or required by Sections XXII (Additional Response
Actions) or Section XXV (Community Relations) of this Order so
long as the City timely submits all deliverables and meets other
requirements related to those Sections or (iii) any other event
arising from causes beyond the control of the ity including its
consultants contractors and agents However increases in the
cost of performance of the Removal Action shall not excuse
compliance or affect the applicability of the penalty provisions
or other sanctions which are provided for under this Order
Deadlines for performance of activities under this Order
including interim or final time deadlines and Deliverables
schedules set forth in this Order or SOW may be extended only to
the extent that delays caused by conditions specified in (i)
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 63
(ii) and (iii) above materially interfered with or prevented the
Citys execution of its responsibilities during the period of
such delay and no penalties or sanctions will become due for
activities which meet any deadline so extended The City further
agrees to use its most diligent efforts to minimize any delay
which may result The City acknowledges that it will have the
burden of justifying the rationale for delay in performance under
this Section
86 The City shall orally notify the EPA RPM and the Maine
DEP within forty-eight (48) hours of when the City first knew
that the event might cause a delay and shall identify with
specificity the cause of such delay and the estimated duration of
such delay Within seven (7) days after the City first becomes
aware that such event might cause a delay the City shall supply
to EPA and the Maine DEP in writing an explanation of the
cause(s) of any actual or expected delay or noncompliance the
anticipated duration of any delay the measures taken and to be
taken by the City to prevent or minimize the delay or correct the
noncompliance and the timetable for implementation of such
measures Failure to notify EPA and the Maine DEP shall result
in a waiver of the Citys right to assert that the delay should
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 64
be excused under the terms of this Section for the period of time
of such failure to notify and for any additional delay caused by
such failure The City shall be deemed to know of any
circumstance of which the City any entity controlled by the
City or the Citys contractors or subcontractors knew or should
have known In the event of a disagreement under this Section
the parties shall resolve such disagreement in accordance with
the Dispute Resolution Section of this Order Section XXIX
87 If EPA after reasonable opportunity for review and
comment by the Maine DEP determines that a delay in performance
of a requirement under this Order is or was attributable to an
event specified in (i) through (iii) of Paragraph 85 above the
time period for performance of that requirement shall be extended
by EPA to the extent necessary Such an extension shall not
alter the Citys obligation to perform or complete other tasks
required by the Order which are not directly affected by the
force majeure event If EPA after a reasonable opportunity for
review and comment by the Maine DEP does not agree that the
delay or anticipated delay has been or will be caused by such
an event EPA will notify the City in writing of its decision
If EPA after a reasonable opportunity for review and comments by
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 65
the Maine DEP agrees that the delay is attributable to such an
event EPA will notify the City in writing of the length of the
extension if any for performance of the obligations affected by
the event
XXIX DISPUTE RESOLUTION
88 If the City objects to any EPA notice of disapproval or
decision made pursuant to this Order including any decision
which has resulted in the assessn it of stipulated penalties any
scheduling matter or in the event of circumstances that arise
that are subject to the Citys right to invoke Dispute Resolution
elsewhere in this Order or in the Cost Recovery Administrative
Agreement the City shall notify EPA and the Maine DEP in writing
of its objections within five (5) days of receipt of the notice
decision or other circumstance EPA in consultation with the
Maine DEP and the City shall communicate on the disputed matter
and shall have fourteen (14) days from the receipt by EPA and the
Maine DEP of the notification of objection to reach agreement
If agreement cannot be reached on any issue within this fourteen
(14) day period the City shall have five (5) additional days to
submit its position in writing to the EPA Director of OSRR The
Director of OSRR after reasonable opportunity for review and
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 66
comment by the Maine DEP shall provide a written determination
to the City within five (5) days of receipt of that
determination unless EPA agrees to a later time the City shall
initiate implementation of the activities required by the EPA in
accordance with the schedule provided by EPA which schedule
shall be subject to Dispute Resolution unless it has already
been or could have been subject to Dispute Resolution Except
as specifically provided herein dispute resolution among the
parties shall not be cause for the delay of the Work In
addition stipulated penalties as set out below if applicable
will continue to accrue during the dispute resolution period
except as provided in Paragraphs 94 and 95 No EPA decision made
pursuant to this Paragraph shall constitute a final Agency action
giving rise to judicial review
89 In the event that the City does not implement the
activities required by the EPA determination pursuant to
Paragraph 88 EPA or the Maine DEP may take such enforcement
actions against the City as may be provided by statutory or
equitable authorities including but not limited to the
assessment of such civil penalties or damages as are authorized
by Sections 122 and 109 of CERCLA and Maine law
Administrative Order By Conaent for Removal Action Saco Municipal Landfill Superpoundund Site Page 67
XXX STIPULATED
90 The Respondents shall be liable to EPA and MEDEP for
stipulated penalties in the amounts set forth in this Section for
failure to comply with the requirements of this Order andor the
SOW unless compliance is excused by EPA under Section XXVIII
(Force Majeure) Compliance by the City shall include but not
be limited to the timely and adequate submission of Deliverables
and performance of activities under this Order in accordance with
all applicable requirements of law this Order the SOW and any
Deliverables which have received EPA Approval or the Performing
Respondents Certification pursuant to this Order Compliance
by the Non- Per forming Respondents shall mean timely compliance
with Paragraph 96 of this Order
91 The following stipulated penalties shall be payable per
violation per day to EPA and MEDEP jointly in accordance with
Paragraph 94 for any noncompliance except those identified in
Paragraphs 92 or 93
Penalty Pet Violation Period of Noncompliance Per Day _
$ 750 1st through 14th day $ 1500 15th through 30th day $ 3000 31st day and beyond
Administrative Order By Concent for Removal Action Saco Municipal Landfill Superfund Site Page 66
92 The following stipulated penalties shall be payable per
violation per day to EPA and the MEDEP jointly in accordance with
Paragraph 94 for the submission or resubmission of an untimely or
substantially defective 100 NTCRA Design or an untimely or
substantially defective Final Completion of Removal Action Report
pursuant to the SOW
Penalty Per Violation Period of Toncompliance Per Day
$ 1500 1st through 14th days $ 3000 15th day through 30th day $ 5000 31st day and beyond
93 In the event that the City fails to submit timely or
adequate progress reports or meeting letter reports pursuant to
the SOW the City shall be liable to EPA and MEDEP jointly in
accordance with Paragraph 94 for stipulated penalties of $500
(five hundred dollars) per violation per day
94 Penalties shall begin to accrue on the day after
performance 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 except that
stipulated penalties shall not accrue (1) with respect to any
Disapproval with Modification Required or Disapproval with EPA
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 69
Modification under Section XIV of this Order during the period
if any beginning on the 31st day after EPAs receipt of such
submission until the date that EPA notifies the City of any
deficiency (2) with respect to a decision by the Director of the
Office of Site Remediation and Restoration under Section XXIX of
this Order during the period if any beginning on the 21st day
after the date the Citys reply to EPAs Statement of Position is
due until the date the Director issues a final decision regarding
such dispute and (3) beyond thirty days after the Director of
the Office of Site Remediation and Restoration issues a final
decision regarding a dispute about a Deliverable Disapproved with
EPA Modification pursuant to Paragraph 52d Any penalty
otherwise accruing under Paragraphs 91 92 or 93 shall be due and
payable within thirty (30) days of the receipt of a written
demand by EPA or the Maine DEP except as provided in aragraph
95 In assessing stipulated penalties for delay caused by a
negative referendum vote on future funding necessary for timely
compliance with this Order EPA and Maine DEP shall weigh all
considerations including the length of the delay caused by the
vote and efforts by City officials to inform the voters about
the need for funding- provided however that a negative
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 70
referendum vote on funding necessary for timely compliance with
this Order shall not affect the Citys obligations to comply with
this Order or any schedule contained herein Stipulated
penalties shall be divided between EPA and the Maine DEP in the
following manner 75 for EPA and 25 for the Maine DEP
Payment of EPAs portion of such penalty shall be made by
certified check payable to the Hazardous Substances Superfund
and mailed to the following address with a notation of the docket
number of this Order
Region I US Environmental Protection Agency
Attn Superfund Accounting PO Box 360197 M
Pittsburgh PA 15251
A copy of the certified check to EPA shall be sent to the
Remedial Project Manager within five (5) days of payment
Payment of the Maine DEPs portion of such penalty shall be made
by certified check payable to the Maine Uncontrolled Sites Fund
and mailed to the following address
Director Division of Sites Investigation amp Remediation Maine DEP
State House Station 17 Augusta ME 04333
Administrative Order By Concent for Removal Action Saco Municipal Landfill Superfund Site Page 71
A copy of the certified check to the Maine DEP shall be sent to
the Maine DEP Project Manager within five (5) days of payment
The stipulated penalties set forth in this Section do not
preclude EPA or the Maine DEP from electing to pursue any other
remedies or sanctions which may be available to EPA or the Maine
DEP by reason of the Respondents failure or refusal to comply
with any requirement of this Order Such remedies and sanctions
include without limitation injunctive relief the assessment of
such civil penalties or damages as are authorized by Sections 122
and 109 of CERCLA or state law or the performance of a
federally-funded response action or state-funded response action
and a corresponding suit for reimbursement of costs incurred by
the United States or the State of Maine Notwithstanding any
other provision of this Section EPA may in its unreviewable
discretion waive any portion of stipulated penalties that have
accrued pursuant to this Order
95 If the City invokes dispute resolution regarding any
decision which has resulted in the assessment of stipulated
penalties stipulated penalties shall continue to accrue during
the dispute resolution process except as otherwise provided in
this Order Within thirty (30) days after receipt of the EPA
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 72
determination rendered pursuant to Paragraph 88 in which EPA
prevails in whole or in part the City shall pay pursuant to
Paragraph 94 the stipulated penalties arising from those matters
on which the City does not prevail At that time the City shall
also pay interest on any stipulated penalties which had accrued
up to the day the City invoked Dispute Resolution If the City
prevails on the disputed matter then no stipulated penalties are
due
XXXI PAYMENT BY NON-PERFORMING PARTIES
96 By May 30 1997 each Non-Performing Respondent shall
pay its individual share of the total sum of $97050000 into a
qualifying settlement fund for the City to use to undertake
response activities related to the Site Payment shall be made
by certified check payable to KeyBank National Assoc (Attn
Leon J Bien) Escrow Agent and mailed with a transmittal letter
to the following address
KeyBank National Association Escrow Agent One Canal Plaza Portland Maine 04101
Attn Mr Leon J Bien
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 73
Non-Performing Respondents shall provide notice of such payment
to EPA by mailing a copy of the transmittal letter and check to
the EPA RPM at the address set forth in Section XI of this Order
XXXII CIVIL PENALTIES FOR NONCOMPLIANCEENFORCEMENT
97 The City is advised that violations of this Order or
any portion thereof may subject it to civil penalties of up to
$25000 per violation and $25000 for each day in which such
violation continues as provided in Sections 106(b)(1) 109 and
122 of CERCLA 42 USC sectsect 9606(b)(l) 9609 and 9622 The City
may also be subject to damages in an amount up to three times the
amount of any cost incurred by the United States as provided in
Section 107(c)(3) of CERCLA 42 USC sect 9607(c)(3) Violations
of this Order also may subject the City to civil penalties
injunctive actions and cost reimbursement under Maine law
including without limitation 38 MRSA Sections 347-A 348
349 1365 1366 and 1367 (1989 and Supp 1997)
XXXIII COVENANT NOT TO SUE DENIAL OF LIABILITY
98A In consideration of the actions that will be
performed and the payments that will be made by the Respondents
under the terms of this Order and except as specifically
provided in Section XXXV of this Order EPA covenants not to sue
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 74
or to take administrative action against the Respondents pursuant
to Sections 106 and 107(a) of CERCLA or Section 7003 of RCRA for
the Work this Order including performance of the Removal
Action and for recovery of all Extraordinary Response Costs
associated with this Order incurred by EPA and paid by the City
With respect to the City these covenants not to sue shall i)
take effect for Work completed prior to EPAs approval of the
Completion of Removal Action Report upon notification by EPA that
the City has completed all construction activities required under
this Order and the City has submitted and EPA has approved the
Completion of Removal Action Report and ii) take effect for Work
completed after EPAs approval of the Completion of Removal
Action Report upon notification by EPA that the City has
completed all actions required under this Order (including all
Post-Removal Site Control and reimbursement of Extraordinary
Response Costs) These covenants not to sue shall take effect
with respect to the Non-Performing Respondents upon notification
by the Non-Performing Respondents that they have complied with
Paragraph 96 of this Order These covenants not to sue are
conditioned upon the satisfactory performance by the Respondents
of their respective obligations under this Order These
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 75
covenants not to sue extend only to the Respondents and do not
extend to any other person Under this Order Respondents are
not released from liability if any for any actions taken beyond
the terms of this Order regarding other removal actions remedial
investigationfeasibility studies related to any other operable
unit remedial designremedial action related to any other
operable unit operation and maintenance of any other remedial
action or activities arising pursuant to Section 121(c) of
CERCLA 42 USC sect 9621(c)
B In consideration of the actions that will be performed
and the payments that will be made by the Respondents under the
terms of this Order and except as specifically provided in
Section XXXV of this Order the State of Maine covenants not to
sue or to take administrative action against the Respondents
pursuant to Section 107(a) Of CERCLA 38 MRSA Sections 1304
and 1365 (1989 and Supp 1997) and other applicable state law
including common law for the Work this Order including
performance of the Removal Action the RIFS Order and the
activities thereunder and for recovery of all response costs
associated with this Order fully addressed by an EPA cooperative
agreement and any grants or payments made by the State to the
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Superfund Site Page 76
City to reimburse the City for landfill capping costs and
including all activities required to be performed and costs
related thereto under Prior MEDEP Orders and Consent Decrees to
the extent that they are inconsistent with this Order and any
such Prior MEDEP Orders and Consent Decrees are hereby superseded
to the extent that they are inconsistent with this Order With
respect to the City these covenants not to sue shall i) take
effect for Work completed prior to EPAs approval of the
Completion of Removal Action Report upon notification by EPA that
the City has completed all construction activities required under
this Order and the City has submitted and EPA has approved the
Completion of Removal Action Report and ii) take effect for Work
completed after EPAs approval of the Completion of Removal
Action Report upon notification by EPA that the City has
completed all actions required under this Order (including all
Post-Removal Site Control and reimbursement of Extraordinary
Response Costs) These covenants not to sue shall take effect
with respect to the Non-Performing Respondents upon notification
by the Non-Performing Respondents that they have complied with
Paragraph 96 of this Order These covenants not to sue are
conditioned upon the satisfactory performance by the Respondents
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Superfund Site Page 77
of their respective obligations under this Order These
covenants not to sue extend only to the Respondents and do not
extend to any other person Under this Order Respondents are
not released from liability if any for any actions taken beyond
the terms of this Order regarding other removal actions remedial
investigationfeasibility studies related to any other operable
unit remedial designremedial action related to any other
operable unit or operation and maintenance of any other remedial
action
99 The execution of this Order and Respondents
participation herein is not an admission by the Respondents of
liability with respect to any issue dealt with in this Order nor
is it an admission by the Respondents of any Finding of Fact
Conclusion of Law or Determination contained in this Order
Furthermore the participation of Respondents in this Order shall
not be considered an admission of liability and is not admissible
in evidence against the Respondents in any judicial or
administrative proceeding other than (a) a proceeding by the
United States including EPA or the State of Maine including
the Maine DEP to enforce this Order or a judgment relating to
it or (b) a proceeding to enforce any agreement between the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 78
Performing Respondent and Non-Performing Respondents regarding
the Site or to enforce a judgment related to such agreement
XXXIV CONTRIBUTION PROTECTION
100 With regard to claims for contribution against the
Respondents the Parties hereto agree that the Respondents are
entitled to such protection from contribution actions or claims
as is provided by Section 113(f)(2) of CERCLA 42 USC
sect 9613 (f) (2) and 38 MRSA sect 348(4) for all matters
addressed by this Order The matters addressed are Past
Response Costs RIFS Response Costs Response Costs Oversight
Costs Extraordinary Response Costs all costs incurred by the
State of Maine related to Prior MEDEP Orders and Consent Decrees
for which reimbursement may be sought payments pursuant to
Paragraph 96 and Work The Parties agree that the Respondents
are entitled to such protection upon the effective date of this
Order Nothing in this Order precludes the United States the
Maine DEP or Respondents from asserting any claims causes of
action or demands against any persons not parties to this Order
for indemnification contribution or cost recovery
XXXV EPAS AND THE STATES RESERVATION OF RIGHTS
101 A The covenants not to sue set forth in Section
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 79
XXXIII do not pertain to any matters other r n these expressly
specified in that Section EPA reserves and this Order is
without prejudice to all rights against each Respondent with
respect to all other matters including but not limited to the
following
a claims based on a failure by any Respondent to meet any
requirement specified for that Respondent under this Ordershy
b liability arising from the past present or future
disposal release or threat of release of hazardous
substances pollutants or contaminants outside of the Site
c liability arising from future disposal at the Site other
than as provided in the Action Memorandum or this Order or
otherwise ordered by EPA
d liability for damages for injury to destruction of or
loss of natural resourcesshy
e liability for response costs that have been or may be
incurred by the National Oceanic and Atmospheric
Administration and the Department of the Interiorshy
f criminal liability
g liability for violations of federal or state law which
occur during or after implementation of the Removal Actionshy
Administrative Order By Conaent for Removal Action Saco Municipal Landfill Superfund Site Page 80
h liability for response costs incurred at the Site which
are not addressed by Section XXVII of this Order
(Reimbursement of EPA Extraordinary Response Costs) or by
the Cost Recovery Administrative Agreement (Docket No
CERCLA 1-97-1010) and
i liability for response actions at the Site that are not
required to be performed by the City pursuant to this Order
B The covenants not to sue set forth in Section XXXIII do not
pertain to any matters other than those expressly specified in
that Section The State of Maine reserves and this Order is
without prejudice to all rights against the Respondents with
respect to all other matters including but not limited to the
following
a claims based on a failure by any Respondent to meet any
requirement specified for that Respondent under this Order
b liability arising from the past present or future
disposal release or threat of release of hazardous
substances pollutants or contaminants outside of the Siteshy
c liability for damages for injury to destruction of or
loss of natural resources
d criminal liabilityshy
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 81
e liability for violations of federal or state law wh^ch
occur during or after implementation of the Removal Action
g liability for Oversight Costs incurred by the State at
the Site to the extent that they are not fully addressed by
future cooperative agreements between EPA and MEDEP and
h liability for response actions at the Site that are not
required to be performed by the City pursuant to this Order
102 EPA retains the right to undertake any obligations of
the City under this Order provided that EPA has determined that
one of the following conditions has been met the City has ceased
implementation of any portion of the Work is seriously or
repeatedly deficient or late in their performance of the Work
has failed to comply with this Order or is implementing the Work
in a manner which may cause an endangerment to human health or
the environment If EPA undertakes any obligations under this
Order pursuant to this Paragraph including implementation of
institutional controls the City must reimburse EPA for all costs
incurred as a result of the takeover that are consistent with the
NCP as Extraordinary Response Costs The City may invoke the
procedures set forth in Section XXIX (Dispute Resolution) to
dispute EPAs determination that takeover of the obligations of
Administrative Order By Consent for Removal Action Slaquoco Municipal Landfill Superfund Site Page 82
the City under this Order is warranted or that the costs incurred
were consistent with the NCP
103 Notwithstanding any other provision of this Order
except as set forth in Section XXXIII (Covenant not to Sue) EPA
and the State of Maine shall retain all of their response
information gathering entry inspection and enforcement
authorities and rights under CERCLA and under any other
applicable law regulation or permit
104 The City shall reimburse EPA for costs incurred by the
United States to enforce this Order or the Cost Recovery
Administrative Agreement as Extraordinary Response Costs in
accordance with the reimbursement procedures provided by Section
XXVII (Reimbursement of Extraordinary Response Costs)
XXXVI RESPONDENTS COVENANT NOT TO SUE
105 Covenant Not to Sue Subject to the reservations in
Paragraphs 106 and 107 Respondents hereby covenant not to sue
and agree not to assert any claims or causes of action against
the United States or the State including any department agency
or instrumentality of the United States or State with respect to
this Order including but not limited to
a any direct or indirect claim for reimbursement from
Administrative Order By Conaent for Removal Action Saco Municipal Landfill Superfund Site Page 83
the Hazardous Substance Superfund (established pursuant to the
Internal Revenue Code 26 USC sect 9507) through CERCLA Sections
106(b)(2) 107 111 112 113 or any other provision of law
b any claims under CERCLA Sections 107 or 113 related
to this Order
c any claims for payment under sections 106(b) 111
and 112 of CERCLA the Constitution of the United States the
Tucker Act 28 USC sect 1491 or at common law against the State
EPA or the Hazardous Substance Superfund arising out of any
action performed under this Order any related access matters
and related institutional controls or
d any claims arising out of response activities in
connection with this Order including claims based on EPAs and
the States selection of response actions oversight of response
activities or approval of plans for such activities
XXXVII RESPONDENTS RESERVATION OF RIGHTS
106 The Respondents reserve and this Order 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 wrongful act or
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 84
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 USC sect 2671 nor
shall any such claim include a claim based on EPAs selection of
response actions or the oversight or approval of the
Respondents plans or activities The foregoing applies only to
claims which are brought pursuant to any stat- -e other than
CERCLA and for which the waiver of sovereign immunity is found in
a statute other than CERCLA
107 Except as set forth in this Order the Respondents
expressly reserve all rights and defenses that each or any of
them may have in law or in equity for any claims or causes of
action it may have against any party including the United States
and the State and their respective agencies departments and
instrumentalities Any claims not expressly waived by the
Respondents shall be deemed reserved Notwithstanding any
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 85
obligations in this Order requiring the Respondents to make any
records documents or any other materials available to EPA
nothing herein shall be construed to be a waiver of any rights
Respondents may have to assert the attorney-client privilege or
the attorney work product doctrine as to those materials except
where such materials contain information specified in section
104(e)(6)(F) of CERCLA 42 USC sect 9604(e)(6)(F)
XXXVIII OTHER CLAIMS
108 Except as expressly provided in Section XXXIII
(Covenant Not to Sue) nothing in this Order constitutes a
satisfaction of or a release from any claim or cause of action
against the Respondents or any person not a party to this Order
for any liability such person may have under CERCLA other
statutes or the common law including but not limited to any
claims of the EPA for costs damages and interest under sections
106(a) and 107(a) of CERCLA This Order does not constitute a
preauthorization of funds under section 111(a)(2) of CERCLA No
action or decision by EPA pursuant to this Order shall give rise
to any right to judicial review except as set forth in section
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 86
113(h) of CERCLA
XXXIX INDEMNIFICATION
109 The United States and the State do not assume any
liability by entering into this Order or without limitation by
virtue of any designation of the City as EPAs authorized
representative under section 104(e) of CERCLA 42 USC
sect 9604(e) The City agrees to indemnify and save and hold
harmless the United States Government the State of Maine and
their agencies departments agents officers employees and
representatives from any and all claims or causes of action
arising from or on account of negligent acts or omissions of the
City its officers employees agents servants receivers
successors trustees assignees or contractors in carrying out
the activities pursuant to this Order including but not limited
to any claims arising from any designation of the City as EPAs
authorized representative under section 104 (e) of CERCLA 42
USC sect 9604(e) Neither the United States nor the State shall
be held out as a party to or in any other way be held liable
under any contract entered into by the City or by the Consultant
or any contractor in carrying out the activities pursuant to this
Order Neither the City nor any such Consultant or contractor
Administrative Ordr By Consent for Removal Action Saco Municipal Landfill Suprfund Sit Fag 87
shall be considered an agent of the United States or the State
Notwithstanding any of the above this agreement to indemnify and
hold harmless does not include claims or causes of action arising
from or on account of acts or omissions of the United States and
its agencies departments agents officers employees and
representatives
XXXX WAIVER OF SETTLEMENT CONFERENCE
110 In consideration of the communications among the
Respondents and EPA regarding the terms of this Order prior to
its issuance the Respondents hereby agree that there is no need
for a settlement conference prior to the effective date of this
Order
XXXXI MODIFICATION OF ORDER
111 This Order with the exception of the Statement of Work
(Appendix B) or attachments or Deliverables thereunder may only
be modified upon the written agreement of EPA by signature of the
Director of the Office of Site Remediation and Restoration the
Maine DEPs Director of the Bureau of Remediation and Waste
Management and an authorized officer of each of the Respondents
The Statement of Work any attachments thereto or any accepted
Deliverables may be modified upon signature of the EPA Geographic
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 88
Section Chie subject to the Citys right to invoke Dispute
Resolution
XXXXII SEPARATE DOCUMENTS
112 This Order may be executed in two or more counterparts
each of which shall be deemed an original but all of which
together shall constitute one and the same instrument
XXXXIII EFFECTIVE DATE
113 This Order shall be effective five (5) days after the
City receives notice that the Director of the Office of Site
Remediation and Restoration has signed the Order All times for
performance of activities under this Order shall be
calculated from the effective date
XXXXIV TERMINATION
114 Prior to but no later than 180 days after the
effective date of this Order the City or EPA may terminate this
Order if the Cost Recovery Administrative Agreement is not
effective within ninety (90) days of the effective date of this
Order Notwithstanding this Paragraph the City shall complete
at least ninety-five percent (95) of the final design of the
Removal Action
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 89
IT IS SO AGREED AND ORDERED BY
Al bull Linda M Murphy D i r c to r Dat Office of Site Remediation and Restoration EPA Region I
Administrative Order By Consent for Removal Action Saco Municipal landfill Superfund Site Page 90
The undersigned representatives of the Respondents certify that they are fully authorized to enter into the terms and conditions of this Order and bind the parties they represent to this document
ROBUS LEATHER CORPORATION FKA GEORGE NEWMAN amp COMPANY SUCCESSOR BY LAW TO BIDDEFORD INDUSTRIES INC
By Thomas Robinson President and Ghiof FinancialmdashOffaooy f Robus Leather Corporation 1100 W Hutchinson Lane Madison IN 47250 Tel (812) 273-4183
TO 833388888888881 P0309 MPY 27 97 16=01 FR HflLE RND DORR LuF DC
Administrative Ordar By Consent for Removal Saco Municipal Landfill Suparfund Site Pag 91
CL HAUTHAWAY amp SONS CORPORATION
By Leppoldo ampJohnson Date CL Hautna ay amp Sons Corp 638 Summer Street Lynn MA 01905-2092
fa
Administrative Order By Consent for Removal Action Saoo Municipal Landfill Superfund Site Page 92
GABRIEL ELECTRONICS INC
By
Frank E Gemme Date President Gabriel Electronics Incorporated Libby Road PO Box 70 Scarborough ME 04070 Tel (207) 883-5161
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 93
LITTON INDUSTRIES INC
By Camp^tf-Jtae^^c^S
Carol WiesnerVice President and Controller Litton Industries Inc 21240 Burbank Boulevard Woodland Hills California 91367 Tel (818) 598-5246
May 27 1997
Date
Adni-tniBtrativc Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 94
LYN-FLEX INDUSTRIES AN UNINCORPORATED DIVISION OF DER-TEX CORPORATION
By gt 1997
Jerome Linder Date President Der-Tex Corporation 360 Merritnack Street Lawrence Massachusetts 01843 Tel (508) 686-0154
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 95
MILLIPORE CORPORATION
By At Jef frpoundy Ttyidin EsqVice President and General Counsel Millipore Corporation 80 Ashby Road Bedford MA 01730 Tel (617) 533-2044
May 21 1997 Date
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 96
NIKE INC
Coburn Date eheral Counsel Nike Inc 1 Bowerman Drive Beavertotm OR 97005-6453 Tel 503shy
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 97
ZENECA INC
61097
Glenn M Engelmann Date Vice President General Counsel and Secretary Zeneca Inc Successor to Polyvinyl Chemicals Inc
Addrespoundeneca Inc Successor to Polyvinyl Chemicals Inc
1800 Concord Pike PO Box 15438
Wilmlngotn PR
Tel(302) 886-3244
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 98
SACO DEFENSE INC
By j i e s R V i e g Date Vice Chairman Saco Defense Inc 291 North Street Saco Maine 04072 Tel (270) 283-3611
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 99
CHAMPION INTERNATIONAL CORPORATION
pound By x^gt^^w^ (- (^W^ lt May 27 1997
Stephen B Brown Date ampAVice President and General Counsel
Champion International Corporation One Champion Plaza Stamford Connecticut 06921 Tel (203) 358-6476
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 100
BEMIS COMPANY INC
By -^^lt^^^ 52297 Richard Pry^r Date Corporate Risk Manager Bemis Company Inc 222 South 9th Street Suite 2300 Minneapolis Minnesota 55402-4099 Tel (612) 376-3085
Administrative Order By Consent for Removal Action Saco Municipal Landfill Suporfund Site Page 101
CITY OF SACO MAINE
A Larry Mtcl(ell Dgfte City Administrator City of Saco 300 Main Street Saco Maine 04072 Tel (207) 282-4191
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 102
STATE OF MAINE
By
Mark Hyland Director Date Division of Site Remediation Maine DEP State House Station 17 August Maine 04333 Tel (207) 287-7673
By Dennis Harnish Esq Date Assistant Attorney General Department of Attorney General State House Station 6 Augusta Maine 04333 Tel (207) 626-8800
APPENDIX B
Non-Time Critical Removal Action Statement of Work
Saco Municipal Landfill Superfund Site
I INTRODUCTION AND PURPOSE
This non-time-critical removal action (NTCRA) Statement of Work (SOW) defines the response activities and deliverables that the Performing Respondent shall performsubmit in order to implement the Work required under the Administrative Order on Consent for Removal Action (EPA Region I Docket No 1-97-1009) (the Order) at the Saco Municipal Landfill Site in Saco Maine (the Site) The activities described in this SOW are based upon the United States Environmental Protection Agency (EPA) Action Memorandum for the Site signed by the EPA Region I Director of the Office of Site Remediation and Restoration on September 23 1996
II DEFINITIONS
The following definitions shall apply to this SOW
A All definitions provided in Section III of the Order are incorporated herein by reference
B Design shall mean an identification of the technology to be used for the Removal Action and its performance and operational specifications in accordance with all applicable federal state and local laws including but not limited to
1 all computations used to size units determine the appropriateness of technologies and the projected effectiveness of the NTCRA
2 scale drawings of all system layouts identified above and including but not limited to excavation cross-sections and well cross-sections
3 quantitative analyses demonstrating the anticipated effectiveness of the NTCRA Design to achieve the Performance Standards
4 technical specifications which detail the following
a size and type of each major component and
b required performance criteria of each major component
5 specifications on the extent of ambient air monitoring including equipment monitor locations and data handling procedures and
6 specifications of Institutional Controls to be supplied with the construction plans and specifications
EPA Approval or EPA Review and Approval shall mean the procedures specified in Section XIVA of the Order
Institutional Controls shall mean deed restrictions access land easements and other requirements and controls developed to limit human or animal exposure to hazardous substances pollutants or contaminants andor to ensure the integrity and effectiveness of the Removal Action
Performing Respondents Certification shall mean the procedures specified in Section XIVB of the Order
III SELECTED NON-TIME-CRITICAL REMOVAL ACTION
Section VAI of the Action Memorandum specifies the NonshyTime-Critical Removal Action for the Site Based upon the Action Memorandum listed below are the components of the NTCRA which shall be performed by the Performing Respondent
bull Grading of the landfill including the consolidation of the solid waste material from adjacent to Area 1 Area 3 and Area 4
bull Identifying the solid waste boundary for Areas 3 and 4
bull Excavating contaminated sediments from a groundwater seep area and consolidating them with the waste material in landfill Area 4
- 2 shy
bull Designing and constructing a multi-layer low hydraulic conductivity cap with surface drainage controls
bull Maintaining the cap
bull Long-term monitoring of surface water sediments and groundwater
bull Post-removal site control (PRSC) of the cap The PRSC shall ensure the long-term continued effectiveness of each component of the NTCRA and
bull Implementing Institutional Controls including implementation of deed restrictions andor other controls to prohibit the future use of the Site in any manner that would compromise the integrity of the cap and its associated systems
IV PERFORMANCE STANDARDS
The Performing Respondent shall design construct operate monitor and maintain the NTCRA in compliance with this Order the SOW and the Performance Standards identified in the Action Memo
The Performance Standards for the NTCRA at the Site include
SEDIMENT EXCAVATION AND CONSOLIDATION Sediments with arsenic concentrations above 19 mgkg will be excavated from the groundwater leachate seeps adjacent to Sandy Brook The area within which the seeps are found is defined by sediment locations SD-21 and SD-25 Sediments within Sandy Brook will not be excavated as part of this removal action
CONSOLIDATION OF SOLID WASTE The solid waste outside the Area 1 Area 3 and Area 4 caps shall be consolidated under the Area 34 cap The area to be excavated and material to be consolidated was identified during the RIFS test pit program
LANDFILL CAP The landfill cap shall be designed constructed operated and maintained to meet the performance requirements of the Resource Conservation and Recovery Act (RCRA) Subtitle C regulations specified in 40 CFR sectsect 26419 264310 as applicable and 264111 and the
- 3 shy
currently promulgated final MEDEP regulations referenced in Attachment X of the Action Memo
The cap shall also be designed to meet the requirements of the following EPA and State technical guidance documenxo Final Covers on Hazardous Waste Landfills and Surface Impoundments (EPA530-SW-89-047 July 1989) Construction Quality Management for Remedial Action and Remedial Design Waste Containment Systems (EPA540R-92073 October 1992) Quality Assurance and Quality Control for Waste Containment Facilities (EPA600R-93182 September 1993) MEDEP Final Cover System Guidance Document for Municipal Solid Waste Landfill (November 1995) Stormwater Management for Maine Best Management Practices (November 1995 MEDEP) and Maine Erosion and Sediment Control Handbook for Construction Best Management Practices (March 1991 Cumberland County Soil and Water Conservation District and Maine DEP)
The multi-layer cap will achieve the following minimum requirements
All layers of the cover system shall be designed to achieve the performance objectives of this section over the longshyterm Each layer shall also be designed to meet a static stability factor of safety criteria of 13 seismic stability factor of safety criteria of 10 and a construction-stage stability factor of safety criteria of 12
mdash The base layer will be comprised of unclassified fill material transmissive to gas The performance objectives for the base layer are to contour the landfill to achieve a maximum slope of 31 provide a subgrade base suitable for construction of the cover system and minimize subsidence
Waste from uncapped areas near Area 1 Area 3 and Area 4 and excavated sediments from the groundwater seep areas near Sandy Brook will be placed under the base layer Vegetation cleared from the Site will be distributed evenly to prevent degradation and minimize subsidence
The slopes will be terraced to minimize erosion of the multi-layer cap so that no more than 2 tons per acre per year of soil loss occurs
mdash The gas collection layer will be comprised of 6-12 inches of porous material with a hydraulic conductivity of at least
- 4 shy
1 x 103 cmsec The objective of this layer is to allow for the transmission of gas to the vent pipe which will then take gas out of the landfill and to provide a firm foundation and contact surface for the low hydraulic conductivity layer A second objective is to allow fo the transmission of potential leachate seeps down the sideslopes so that it may infiltrate back into the landfill Approximately one gas vent per acre will be installed at least three to five feet into the waste
-- The bottom low hydraulic conductivity layer acts as a safeguard to the geomembrane and is generally made of 24 inches of clay or a geo-synthetic clay liner (GCL) The performance objective of this layer is to minimize potential leakage through the low hydraulic conductivity geomembrane into the landfill The low hydraulic conductivity layer will be designed to achieve a maximum hydraulic conductivity of 1 x 10~7 cmsec unless the factor of safety criteria of 13 for static 10 for seismic and 12 for construction stage stability cannot be achieved If the stability criteria cannot be met with a GCL or 1 x 107 cmsec material then a more permeable material may be used to achieve a stable cover system The bottom low hydraulic conductivity layer shall have a maximum hydraulic conductivity of at least 1 x 105 cmsec if the 1 x 10~7
cmsec material cannot meet the stability criteria If a GCL is used as the bottom low hydraulic conductivity layer then 12 inches of a fine grained material containing a minimum of 35 fines with no stones larger than one inch shall be used as bedding above the gas vent layer Potential mechanisms that may compromise the integrity of the cover system such as subsidence desiccation cracking and freeze-thaw cycling will be accounted for in the design
The uppermost surface of the bottom low hydraulic conductivity layer shall be buried at least 30 inches below the surface of the cap
-- The top low hydraulic conductivity layer will be a geosynthetic barrier The performance objective of this barrier is to prevent water from infiltrating into the landfill and to accommodate settlement and subsidence while maintaining stability This synthetic barrier will be a type of flexible geomembrane 40-60 mil thick
-- The drainage layer will be composed of either a minimum of 12 inches of sand or equivalent material with a minimum
- 5 shy
hydraulic conductivity of 1 x 102 cmsec or a synthetic material with a transmissivity of at least 3 x 10~5 m2sec The sand should be no coarser than 38 inch The performance objective is to allow water to drain off the synthetic barrier prevent the ponding of water over tgt a synthetic barrier and minimize seepage forces within the cap system If a geosynthetic drainage layer is used then a 12 inch layer of coarse material will be placed over the geosynthetic layer
mdash The top layer of the cap will be the vegetative cover This layer in combination with the drainage layer shall provide a minimum of 30 inches of fill material to provide frost protection A minimum of 18 inches of material (including at least 6 inches of top soil) shall be placed above the drainage layer to provide adequate water-holding capacity to attenuate rainfall infiltration to the drainage layer to sustain vegetation through dry periods and to provide sufficient thickness to allow for expected long-term erosion losses Deep rooted plants that could damage the drainage and barrier layers will not be allowed to grow on the cover A filter fabric may be placed between the top layer and the drainage layer to minimize fill material from clogging the drainage layer
mdash Surface water drainage controls will be constructed to minimize erosion during construction and to reduce erosion of the cap after construction to no more than 2 tons per acre per year As determined by the final NTCRA Design drainage channels will be installed in certain areas on the top and perimeter of the landfill cap to channel runoff away from the landfill Surface water drainage channels will be designed to manage the rainfall volume of a 25-year 24-hour storm event with freeboard and shall also be capable of handling a 100-year 24-hour storm event without overflow
SURFACE WATERS The point of compliance for any point source surface water releases resulting from this action consistent with the NCP shall be the point or points where the release enters the surface water body (Sandy Brook or Big Ledge Brook) Any point source discharge to a surface water body shall comply with the NPDES program under section 402 of the federal Clean Water Act and the Maine water quality standards and storm water discharge requirements The document Stormwater Management for Maine Best Management Practices (November 1995 MEDEP) shall be used as guidance for stormwater and the document Maine Erosion and Sediment Control Hanbook for Construction Best Management
- 6 shy
Practices (March 1991 Cumberland County Soil and Water Conservation District and Maine DEP) shall be used as guidance for erosion control
AIR The point of compliance for air consistent with che NCP shall be the point(s) of the maximum exposed individual considering reasonably expected use of the Site and surrounding area The maximum exposed individuals could include (I) adjacent residents (2) operation and maintenance personnel and (3) individuals working at the facility The passive gas venting system shall not allow for an unacceptable risk of exposure to the maximum exposed individuals by controlling and treating landfill gas if necessary The passive gas venting system shall be designed and constructed to comply with Attachment X of the Action Memo
LONG-TERM MONITORING A long-term monitoring program will be implemented to evaluate the performance of the NTCRA Surface water groundwater and sedimentsas appropriate shall be sampled as part of this program Long-term monitoring is expected to occur for at least thirty years
POST-REMOVAL SITE CONTROL Post-removal site control shall assure the long-term effectiveness of the cap and related systems for at least thirty years
INSTITUTIONAL CONTROLS Institutional Controls shall ensure the long-term integrity of the landfill cap and prevent future use of the groundwater impacted by the Site Deed restrictions andor other controls shall prohibit any activity at the Site which would interfere with or compromise the landfill cap or its related systems Such controls will also provide for EPA and MEDEP approval prior to the commencement of any future activities at the Site which may impact the landfill cap or its related systems
V NTCRA DESIGN
The Performing Respondent shall develop a final design for the selected NTCRA as described in the Action Memorandum and this SOW that meets the performance standards specified in Section IV of this SOW This section describes the Performing Respondents responsibilities for submitting deliverables and conducting project meetings during design
- 7 shy
A DELIVERABLE5
The Performing Respondent shall submit the following deliverables to EPA and the MEDEP during the design of the selected NTCRA pursuant to the schedule in Attachment A Any modification of the schedule in Attachment A shall be subject to EPA approval after a reasonable opportunity for review and comment by MEDEP Each submitted deliverable shall require EPA Approval after a reasonable opportunity for review and comment by MEDEP or Performing Respondents Certification whichever applies pursuant to the schedule in Attachment A and the procedures in Section XIV of the Order
1 DESIGN PROGRESS REPORTS
On the 15th calendar day of each month and until EPA approval of the 100 NTCRA Design the Performing Respondent shall submit Design Progress Reports to EPA and the MEDEP Design Progress Reports may be combined with the monthly progress reports required under the Administrative Order by Consent for Remedial InvestigationFeasibility Study (EPA Region I CERCLA Docket No I-CERCLA-95-1069) and shall be submitted with the Performing Respondents Certification The reports shall summarize all activities that have been conducted in the month preceding the Progress Report and those planned for the next two months The Progress Reports shall also identify problems encountered andor changes to the schedule and shall summarize the results of sampling and tests and other data received by the Performing Respondent
2 CONCEPTUAL DESIGN LETTER REPORT
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit a Conceptual Design Letter Report to EPA and the MEDEP The Conceptual Design Letter Report shall be submitted by the Performing Respondents Certification and may include at a minimum
a an outline of the NTCRA Design
b a work plan for any pre-design studies
- 8 shy
c preliminary drawings of the 31 and 3-5 slope sections of the cap surface water controls and retention ponds in plan view and cross-section and
d The design basis for the composition and thickness of each layer of the cap presented in letter format including a determination of the appropriate gas control technology and supporting information and an estimate of settlement
3 100 DESIGN FOR SEDIMENT CONSOLIDATION
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit the 100 Design for the sediment consolidation to EPA for Review and Approval after reasonable opportunity for review and comment by the MEDEP
4 100 NTCRA DESIGN
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit the 100 NTCRA Design for EPA Review and Approval after reasonable opportunity for review and comment by the MEDEP Design plans for individual components of the NTCRA may be submitted separately from the cap design However the design submittal for the cap shall address 100 of the total design for each component of the NTCRA including but not limited to
a the Final Design Report including the design basis for each component and the associated plans and specifications in reproducible format
b Construction Quality Assurance Plan including sample construction quality assurance and quality control checklists draft construction -quality control and quality assurance tables and a list of testing requirements based upon EPA and MEDEP comments
c the results of any pre-design studies
- 9 shy
d final drawings of the 31 and 3-5 slope sections of the cap in plan view and cross section including surface drainage controls and retention ponds anchor trenches and the passive gas venting system
e a description of the design basis for each layer andor component of the NTCRA including settlement evaluation stability calculations and the HELP model assessment to evaluate infiltration through the cover system The stability assessment shall include an assessment of the stability of the cover system waste material and surrounding slopes Each key section of the stability analysis should include a discussion of the (1) performance criteria for each failure mode (2) soil conditions including loading and seepage conditions and (3) determination of factor of safety and indicate the slope failure mode The methods to perform the above analysis shall be presented
f a discussion of how all applicable or relevant and appropriate requirements (ARARs) identified in the Attachment X of the Action Memo will be addressed This discussion should
(1) specify the statute (2) specify the citation of the ARAR (3) identify if the ARAR is state or
federal (4) summarize the requirements of the ARAR (5) specify in detail the activities that
shall be conducted to comply with the ARAR and
(6) specify in detail the activities that shall be conducted to demonstrate compliance with the ARAR When sampling and analysis is conducted to demonstrate compliance the following shall be specified sampling locations sampling frequency sampling methods analytical methods quality assurance and quality control activities and statistical analysis andor modeling andor other data interpretation techniques
- 10 shy
g drawings on reproducible mylar
h the final NTCRA Technical Specifications which shall include at a minimum the items identified in Attachment D
i a Field Sampling Plan as specified in Attachment B and a Quality Assurance Project Plan as specified in Attachment C Although these documents will be submitted as part of the 100 design these documents must be submitted as separate freestanding deliverables to enable a separate concurrent review of these document by the Agencies along with the 100 design review
j With respect to the landfill cap the design shall include the construction quality assurance procedures required to demonstrate that the NTCRA was properly implemented This component shall include for example (I) checklists for establishing that the required tests and inspections were performed (2) standard operating procedures for all field and laboratory tests (3) the quality assurance and quality control plan for all field and laboratory tests (4) a process for obtaining EPA and MEDEP involvement in major and minor field changes and (5) erosion and sediment control plans The quality assurance component shall be based upon the following guidance documents Construction Quality Assurance for Hazardous Waste Land Disposal Facilities (EPA 530-SWshy86-031 October 1986 and Technical Guidance Document Quality Assurance and Quality Control for Waste Containment Facilities (EPA540R-93182 September 1993)
k A discussion of how any surface water point source discharge shall be evaluated
1 A discussion of how the ambient air shall be evaluated after the construction of the cap is complete to demonstrate that the landfill gas does not pose an unacceptable risk (an excess cancer risk greater than the 104 to 106 risk range or a non-carcinogenic hazard
- 11 shy
index greater than 1) to the maximum exposed individuals (as identified in Section IV of this SOW)
5 WINTER STABILIZATION PLAN
By October 30th of each field season prior to the approval of the Post-Removal Site Control Plan the Performing Respondent shall submit a Winter Stabilization Plan to EPA and MEDEP This plan shall describe the practices and procedures that will be used by the Performing Respondent to prevent erosion of the landfill and excessive sediment discharge to the surface water and wetlands until EPA approval of the Post-Removal Site Control Plan
6 INSTITUTIONAL CONTROL PLAN
The Performing Respondent shall submit a schedule and a workplan letter report for the implementation of the Institutional Controls required by the NTCRA within 60 days of the effective date of the Order As part of the Institutional Controls a deed restriction shall be placed on the Site property to prevent any use of the property that would interfere with or reduce the effectiveness of the NTCRA or any future response actions The deed restriction shall also prevent future use of the groundwater under the Site These institutional controls shall be implemented in a manner consistent with Attachment X of the Action Memo
B DESIGN PROJECT MEETINGS
The Performing Respondent and its Contractor shall periodically meet with EPA and the MEDEP during the design phase to discuss the status of the design present the results of any investigations and discuss any issues associated with the development of the design
At least one week prior to each such periodic meeting the Performing Respondent shall submit to EPA and the MEDEP as necessary (i) an agenda for the meeting (ii) a summary of the issues that will be discussed and (iii) any supporting information including any specific information required for the meeting as detailed below The following is a list of meetings to be held as necessary during the design phase
1 DESIGN KICK-OFF MEETING
- 12 shy
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall schedule a design kickshyoff meeting The purpose of this meeting is to allow the EPA MEDEP and the Performing Respondents design teams to meet
2 CONCEPTUAL DESIGN MEETING
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall hold a Conceptual Design Meeting During the Conceptual Design Meeting the Performing Respondent shall give a presentation of the Work Plan for Pre-Design Studies if needed and the conceptual design of the selected NTCRA based on any completed pre-design investigations and the Conceptual Design Letter Report
3 100 DESIGN MEETING FOR SEDIMENT CONSOLIDATION
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall hold a 100 Sediment Consolidation Design Meeting At this meeting the Performing Respondent shall present the 100 design for these components of the NTCRA
4 100 NTCRA DESIGN MEETING
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall hold two 100 NTCRA design meetings At the first meeting the Performing Respondent shall provide an overview of the design During the second meeting the Performing Respondent shall present any issues that have arisen from comments received on the 100 NTCRA design and options for resolving the issues
EPA may determine that any of such meetings are not necessary However EPA andor the Performing Respondent may also schedule additional meetings as necessary to discuss any issues that arise during design
VI NTCRA IMPLEMENTATION
The Performing Respondent shall implement the final design for the selected NTCRA as described in the Action Memorandum and this SOW that meets the performance standards specified in Section IV
- 13 shy
of this SOW This section describes the Performing Respondents responsibilities for conducting the NTCRA submitting deliverables and conducting project meetings during implementation of the NTCRA
A DELIVERABLES
The Performing Respondent shall submit the following deliverables to EPA and the MEDEP during implementation of the NTCRA pursuant to the schedule in Attachment A Any modification of the schedule in Attachment A is subject to EPA approval after a reasonable opportunity for review and comment by MEDEP Each submitted deliverable shall require EPA Approval or the Performing Respondents Certification whichever applies pursuant to the schedule in Attachment A and the procedures in Section XIV of the Administrative Order by Consent
1 NTCRA IMPLEMENTATION SCHEDULE
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit a NTCRA Implementation Schedule for EPA Review and Approval after reasonable opportunity for review and comment by the MEDEP The NTCRA Implementation Schedule shall identify the major milestones for completion of the NTCRA including the commencement and completion of construction and the schedule for demonstrating compliance bull ith Section V(A) (4) (f) of the SOW The NTCRA Implementation Schedule shall also identify the key construction dates including the initiation and completion date of each component of the multi-layer cap The NTCRA Implementation Schedule shall also identify the projected dates of the Progress Meetings conducted during the NTCRA implementation including those required pursuant to Section VIB of this SOW
2 CONSTRUCTION DOCUMENT SUBMITTAL
In accordance with the schedule set forth in Attachment A to this SOW the Performing Respondent shall submit a copy of executed construction contract documents to EPA and MEDEP
3 HEALTH AND SAFETY PLAN
- 14 shy
In accordance with che Schedule set forth in Attachment A to this SOW the Performing Respondent shall submit a General Health and Safety Plan to EPA and MEDEP A site-specific Health and Safety Plan addressing NTCRA construction activities shall be submitted by the Performing Respondent prior to on-site construction activities The general and site-specific Health and Safety Plans shall each be submitted with Performing Respondents Certification
4 NTCRA IMPLEMENTATION PROGRESS REPORTS
On the 15th calendar day of each month during implementation of the NTCRA and until EPA approval of the Completion of Removal Action Report the Performing Respondent shall submit Progress Reports to EPA and the MEDEP The Progress Reports shall be submitted with Performing Respondents Certification The reports shall summarize all activities that have been conducted in the month preceding the Progress Report and those planned for the next two months The Progress Reports shall also
a identify the percent of NTCRA construction completed
b identify any problems encountered andor changes to the schedule
c summarize the results of all sampling and tests and all other data received by the Performing Respondent
d include photographs of the site activities Photographs shall be labeled with the date brief description of the activity weather conditions and directionorientation of the photograph and
e include the results of any monitoring conducted
After completion of all construction activities the Performing Respondent may upon EPA approval reduce the frequency of submission of the Progress Reports The Progress Reports may be combined with the monthly progress reports required under the Administrative Order by Consent
- 15 shy
for Remedial Investigation Feasibility Study (EPA Region I CERCLA Docket No I-CERCLA-95-1069)
5 POST-REMOVAL SITE CONTROL PLAN
In accordance with the schedule set forth in Attachment A to this SOW the Performing Respondent shall submit a Post-Removal Site Control Plan (PRSC Plan) for EPA Review and Approval after reasonable opportunity for review and comment by the MEDEP The PRSC Plan shall ensure the long-term continued effectiveness of each component of the NTCRA The PRSC Plan shall address at a minimum the following
a periodic evaluation of the stability of the cover system
b a description of normal operations and maintenance
c a description of potential operational problems with contingency plans
d an operational safety plan
e a description of equipment
f record keeping and reporting requirements
g periodic assessment of the passive landfill gas venting system
h periodic assessment of erosion controls and periodic settlement monitoring
i periodic assessmentand runoff
of surface water controls
j evaluation of Sandy Brook removal area
k periodic evaluation of vegetative growth and the identification of any erosion and
1 the impact of the cap on wetlands
- 16 shy
6 COMPLETION OF REMOVAL ACTION REPORTS
In accordance with the schedule set forth in Attachment A to this SOW the Performing Respondent shall submit the Completion of Removal Action and Demonstratioi of Compliance Report (jointly the Completion of Removal Action Report) for EPA Review and Approval after reasonable opportunity for review and comment by the MEDEP The Completion of Removal Action Report shall be submitted in two phases including first an Interim Completion of Removal Action Report and second a Final Completion of Removal Action Report
a The Interim Completion of Removal Action Report shall include at a minimum
(1) a synopsis of the work defined in the SOW and the 100 NTCRA Design and a synopsis of all work actually performed
(2) an explanation of any modifications to work in the SOW and the 100 NTCRA Design and why such modifications were necessary to implement the NTCRA
(3) drawings and specifications for all components of the NTCRA and
(4) a final inspection checklist
b The Final Completion of Removal Action Report shall include the categories of information specified in section 300165 of the NCP (OSC Reports) In addition the Final Completion of Removal Action Report shall follow EPA guidance for a Remedial Action Report OSWER Directive 93550-39FS June 1992 and shall include at a minimum
(1) all the data and information necessary to demonstrate compliance according to the approved NTCRA Design
(2) a certification that the NTCRA is operational and functional as designed that no further modifications are necessary to meet the performance standards and that no unacceptable air
- 17 shy
or surface water releases (from the cap only) are occurring or are expected to occur
(3) a detailed explanation as to how t^e Performing Respondent addressed each of the ARARs specifically identified as such in Attachment X of the Action Memo
(4) the final record (as built) plans and specification for the NTCRA and
(5) the conclusions of the data evaluation
B PROJECT MEETINGS
The Performing Respondent and their contractors shall periodically meet with EPA and the MEDEP during implementation of the NTCRA to discuss the status of the project present the results of any investigations and discuss any issues that arise At least one week prior to each such meeting the Performing Respondent shall submit to EPA and the MEDEP as necessary an agenda for the meeting a summary of the issues that will be discussed and any supporting information The following is a list of mandatory meetings that shall be conducted by the Performing Respondent
1 CONSTRUCTION MEETINGS
Unless otherwise agreed by EPA and MEDEP during the construction period the Performing Respondent and its construction contractor(s) shall meet MONTHLY with EPA and MEDEP regarding the progress and details of construction
2 SUBSTANTIAL COMPLETION INSPECTION MEETING
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall schedule and conduct a Substantial Completion Inspection Meeting at the Site The Substantial Completion Inspection Meeting shall include EPA MEDEP and the Performing Respondents Project Coordinator and technical consultant
- 18 shy
3 FINAL INSPECTION MEETING
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall schedule and conduct a Final Inspection Meeting at the Site This Final Inspection Meeting shall include participants from all parties involved in the NTCRA including but not limited to the Performing Respondent and its contractors EPA and the State
EPA may determine that any such meetings are not necessary EPA andor MEDEP andor the Performing Respondent may also schedule additional meetings as necessary to discuss any issues that arise during implementation of the NTCRA
VII POST-REMOVAL SITE CONTROL
The Performing Respondent shall initiate Post-Removal Site Control (PRSC) upon completion of construction of the NTCRA In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit a PRSC plan for EPA approval after a reasonable opportunity for review and comment by MEDEP PRSC shall continue for at least thirty years
Progress Reports shall be submitted throughout the period of PRSC PRSC Progress Reports shall contain a list of all PRSC activities that were performed in the time period since the previous PRSC Progress Report and those PRSC activities that will be performed in the time period until the next PRSC Progress Report In addition PRSC Progress Reports shall include a summary of the results of any PRSC tests or evaluations completed since the last report
PRSC reports shall be submitted quarterly for the first two years following approval of the PRSC plan by EPA after a reasonable opportunity for review and comment by MEDEP For the next 8 years PRSC reports shall be submitted semishyannually in June and November of each year Thereafter PRSC reports shall be submitted annually in November The PRSC reports shall include a discussion of the condition of the NTCRA components and shall identify any corrective measures that have been or need to be installed In particular the condition of the landfill vegetative cover and surface water controldrainage systems shall be discussed
- 19 shy
VIII LONG-TERM MONITORING
In accordance with the schedule set forth in Attachment A to the SOW the Perform g Respondent shall submit a Long-Term Monitoring Plan for EPA Review and Approval after reasonable opportunity for review and comment by MEDEP The objective of the Long-Term Monitoring Plan shall be to evaluate the long-term changes in groundwater surface water and sediment concentrations to assess the effectiveness of the NTCRA The Long-Term Monitoring Plan may also include measures to assess the compliance of the landfill passive gas venting control system and the surface water and sediment control systems The data collected as part of the RIFS Order may be consolidated as a substitute for this data
The Performing Respondent shall initiate the long-term monitoring upon EPA approval of the Long-Term Monitoring Report and continue to perform long-term monitoring of the Site for at least thirty years after EPA approval of the Completion of Removal Action Report Any modifications to these requirements should be made in a manner consistent with Paragraph 111 of the Order
- 20 shy
ATTACHMENT A NTCRA SCHEDULE
DeliverableMeeting Due Date
Kick-off meeting between EPA MEDEP and Design Contractor
Design Progress Reports
Submit Conceptual Design Letter Report to EPA and MEDEP
Final Design Meeting for Sediment Consolidation
Submit draft 100 Sediment Consolidation Design
Conceptual Design Meeting
Monthly Project Mtg
Institutional Control Plan
Submit 100 NTCRA Design
100 NTCRA Design Meeting
Health and Safety Plan for Construction Activities
Second 100 Design Meeting
NTCRA Implementation Schedule
Revised 100 Design Construction Document Submittal
NTCRA Implementation Progress Reports
Construction Meetings
Post-Removal Site Control Plan
Held on December 18 1996
15th calendar day of each month until EPA approval of 100 NTCRA Design
Submitted December 15 1996
Held on December 18 1996
Submitted December 15 1996
Held January 9 1997
To be set by EPA
within 60 days of the effective date of the NTCRA Order
February 28 1997
March 21 1997
No later than May 16 1997
No later than May 23 1997
No later than June 13 1997
No later than June 13 1997
15th calendar day of each month after EPA approval of 100 NTCRA Design until approval of the Completion of Removal Action Report
Once per month during NTCRA construction activities
July 15 1997
Attachment A - 1
Submit Long-Term Monitoring Plan to EPA and MEDEP
Substantial Completion InspectionMeeting
Winter Stabilization Plan
Interim Completion of Removal Action Report
Final Completion of Removal Action Report
Final Inspection
Post-Removal Site Control Progress Reports
No later than December 1 1997
No later than December ]5 1997
By 30th of October of each year until EPA approval of the Post-Removal Site Control Plan
30 days prior to Substantial Completion Inspection Meeting
Within 120 days of the Substantial Completion Inspection
No later than May 15 1998
Quarterly for the 1st two years after approval of PRSC Plan(to be submitted in March June September and December of each year) for the next eight years semishyannually in June and November of each year Thereafter annually in November
Attachment A - 2
ATTACHMENT B
FIELD SAMPLING PLAN COMPONENT OF THE NTCRA 100 DESIGN
The overall objectives of the Field Sampling Plan (FSP) are as follows
1 to document specific objectives procedures and rationales for fieldwork and sample analytical work
2 to ensure that sampling and analysis activities are necessary and sufficient and
3 to provide a common point of reference for all parties to ensure the comparability and compatibility of all objectives and the sampling and analysis activities
The following critical elements of the FSP shall be described for each sample medium as necessary (eg ground water surface water soil sediment air and biota) and for each sampling event
1 sampling objectives (iedemonstration of attainment five year review etc)
2 data quality objectives including data uses and the rationale for the selection of analytical levels and detection limits (see Data Quality Objectives Development Guidance for Uncontrolled Hazardous Waste Site Remedial Response Activities OSWER Directive 935507 March 1987) Also Guidance for Data Useability in Risk Assessment EPA540G-90-008 October 1990
3 site background update including an evaluation of the validity sufficiency and sensitivity of existing data
4 sampling locations and rationale
5 sampling procedures and rationale and references
6 numbers of samples and justification
7 numbers of field blanks trip blanks and duplicates
Attachment B - 1
8 sample media (eg ground water surface war soil sediment air and buildings facilities and structures including surfaces structural materials and residue)
9 sample equipment containers minimum sample quantities sample preservation techniques maximum holding times
10 instrumentation and procedures for the calibration and use of portable air soil- or water-monitoring equipment to be used in the field
11 chemical and physical parameters in the analysis of each sample
12 chain-of-custody procedures must be clearly stated (see EPA NEIC Policies and Procedures Manual EPA 3309-78shy001-R May 1978 revised May 1986
13 procedures to eliminate cross-contamination of samples (such as dedicated equipment)
14 sample types including collection methods and if field and laboratory analyses will be conducted
15 laboratory analytical procedures equipment and detection limits
16 equipment decontamination procedures
The FSP must establish the framework for all anticipated field activities (eg sampling objectives evaluation of existing data standard operating procedures) and contain specific information on each round of field sampling and analysis work (eg sampling locations and rationale sample numbers and rationale analyses of samples) During the NTCRA the FSP shall be revised as necessary to cover each round of field or laboratory activities Revisions or a statement regarding the need for revisions shall be included in each deliverable describing all new field work
The FSP shall include provisions requiring notification of EPA and the MEDEP at a minimum four weeks before field sampling events The Performing Respondent shall provide EPA and MEDEP at least one week notice for non-analytical engineering analysis samples The FSP shall also allow split replicate or duplicate samples to be taken by EPA
Attachment B - 2
(or their contractor personnel) MEDEP and by other parties authorized by EPA At the request of EPA or MEDEP the Performing Respondent shall provide these samples in appropriately pre-cleaned containers to the government representatives Identical procedures shall be used t_raquo collect the Performing Respondents samples and the parallel samples unless otherwise specified by EPA or MEDEP The following guidance documents shall be followed in developing the FSP including
1 Guidance for Conducting Remedial Investigations and Feasibility Studies Under CERCLA (OSWER Directive 93553-01 EPA540G-89004 October 1988)
2 Data Quality Objectives for Remedial Response Activities Development Process EPA540G-87003 (OSWER Directive 93550-7B March 1987)
3 Data Quality Objectives for Remedial Response Activities example scenario RIFS Activities at a site with contaminated Soil and Ground Water (OSWER Directive 93550-7B EPA540G-87002 March 1987)
4 Test Methods for Evaluating Solid Waste PhysicalChemical Method (EPA Pub SW-846 Third Edition)
5 Analytical methods as specified in CFR 40 CFR Parts 136 14123 14124 and 14125 and Agency manuals documenting these methods
6 Statement of Works for Inorganic and Organic Analyses EPA Contract Laboratory Program
7 Guidance for Data Useability in Risk Assessment EPA540G-90-008 October 1990 and
8 Ecological Assessment of Hazardous Waste Sites A Field and Laboratory Reference EPA6003-89013 March 1989
Attachment B - 3
ATTACHMENT C
QUALITY ASSURANCE PLAN FOR THE NTCRA 100 DESIGN
The Quality Assurance Project Plan (QAPjP) shall document in writing site-specific objectives policies organizations functional activities and shall specify quality assurancequality control (QAQC) activities designed to achieve the data quality objectives (DQOs) of the NTCRA The QAPjP developed for this project shall document QAQC policies procedure routines and specifications All project activities throughout the NTCRA shall comply with the QAPjP All QAPjP and sampling and analysis objectives and procedures shall be consistent with Interim Guidelines and Specifications for Preparing Quality Assurance Project Plans (EPA 1983 - EPA QAMS- 00580 1980) All analytical methods shall be consistent with applicable EPA analytical protocols and methods
The 16 basic elements of the QAPjP plan are
1 title page with provision for approval signatures of principal investigators
2 table of contents
3 project description
4 project organization and responsibility
5 quality assurance objectives for measurement data in terms of precision accuracy completeness representativeness and comparability
6 sampling procedures
7 sample custody
8 calibration procedures and frequency
9 analytical procedures which must be EPA approved or equivalent methods
10 data reduction validation and reporting
11 internal quality control checks and frequency
Attachment C - 1
12 performance and system audits and frequency
13 preventive maintenance procedures and schedules
14 specific routine procedures to be used to assess the precision accuracy and completeness of data and to assess specific measurement parameters involved
15 corrective action and
16 quality assurance reports to management
As indicated in EPAQAMS-00580 the above list of essential elements must be considered in the QAPjP for the NTCRA If a particular element is deemed not relevant to the project the reasons for such determination must be provided
Information in a plan other than the QAPjP may be cross-referenced clearly in the QAPjP provided that all objectives procedures and rationales in the documents are consistent and the reference material fulfills the requirements of EPAQAMS-00580 Examples of how this cross-reference might be accomplished can be found in the Data Quality Objectives for Remedial Response Activities Development Process EPA5406-87OQ3 (OSWER Directive 93550-7B) March 1987 and the Data Quality Objectives for Remedial Response Activities Example Scenario EPA540Gshy87004 (OSWER Directive 93550-7B) March 1987 EPA-approved analytical methods or alternative methods approved by EPA shall be used and their corresponding EPA-approved guidelines shall be applied when they are available and applicable
The QAQC for any laboratory used during the NTCRA shall be included in the QAPjP When this work is performed by a contractor to the Performing Respondent each laboratory performing chemical analyses shall meet the following requirements
1 be approved by the State Laboratory Evaluation Program if available
2 have successful performance in one of EPAs National Proficiency Sample Programs (ie Water Supply or Water Pollution Studies or the States proficiency sampling program)
Attachment C - 2
3 be familiar with the requirements of 48 CFR Part 1546 contract requirements for quality assurance and
4 have a QAPjP for the laboratory including all relevant analysis This plan shall be referenced as part of the contractors QAPjP
The Performing Respondent shall certify that all validation of data was performed by an independent person according to Region Is Laboratory Data Validation Functional Guidelines for Evaluating Organic and Inorganic Analyses (amended as necessary to account for the differences between the approved analytical methods for the project and the Contract Laboratory Procedures (CLP) These approved methods shall be contained in the QAPjP The independent person shall not be the laboratory conducting the analyses and should be a person familiar with EPA Region I data validating procedures The independent person performing the validation shall insure that the data packages are complete and all discrepancies have been resolved if possible and the appropriate data qualifiers have been applied The Performing Respondent shall keep the complete data package and make it available to EPA and the MEDEP on request The complete data package must include the following
o Narrative stating method used and explanation of any problems
o Tabulated summary forms for samples standards and QC
o Raw data for samples standards and QC o Sample preparation logs and notebook pages o Sample analysis logs andor notebook pages o Chain of custody sample tags o An example calculation for every method per
matrix
Attachment C - 3
ATTACHMENT D
GENERAL REQUIREMENTS FOR THE TECHNICAL SPECIFICATIONS COMPONENT OF THE NTCRA DESIGN
The general requirements section of the technical specification shall describe how the Performing Respondent will manage the project to complete the NTCRA as required under the SOW and the Order As part of the technical specifications the Performing Respondent shall require the following tasks
1 provide for the security of government and private property on the Site
2 estrict unauthorized entry to the Site which might result in exposure of persons to potentially hazardous conditions
3 establish the location of a field office for on-site activities
4 provide contingency and notification plans for potentially dangerous activities associated with the NTCRA
5 monitor airborne contaminants released by Site activities which may affect the local populations
6 communicate to EPA MEDEP and the public the organization and management of the NTCRA including key personnel and their responsibilities
7 provide a list of Performing Respondents contractors and subcontractors and description of their activities and roles
8 provide for the proper disposal of materials used and wastes generated during the NTCRA (eg drill cutting extracted ground water protective clothing disposable equipment) These provisions shall be consistent with the off-site disposal requirements of CERCLA sect 121(d)(3) RCRA and applicable state laws The Performing Respondent or their authorized representative or another party acceptable to EPA and MEDEP shall be identified as the generator of wastes for the purpose of regulatory or policy compliance
Attachment D - 1
9 provide a description of the project staff and communication strategy
10 provide the mechanism for identifying and notifying EPA and MEDEP of non-conformance with the design and ixeld change requests and
11 provide traffic controls and community notification strategy
Attachment D - 2
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 1
I JURISDICTION
1 This Administrative Order by Consent for Removal Action is
entered into voluntarily by and between the United States
Environmental Protection Agency (EPA) the State of Maine and
all of the Respondents listed in the caption above (hereinafter
the Respondents) This Order concerns the performance of the
Removal Action in connection with the Superfund Site known as the
Saco Municipal Landfill Site (the Site) in Saco York County
Maine This Order is issued pursuant to the authority vested in
the President of the United States by Sections 104(a) 106(a) and
122(a) of the Comprehensive Environmental Response Compensation
and Liability Act as amended (CERCLA) 42 USC sectsect 9604(a)
9606(a) and 9622(a) These authorities were delegated to the
Administrator of EPA on January 23 1987 by Executive Order
12580 52 Fed Reg 2926 (January 29 1987) and further
delegated to the EPA Region I Regional Administrator on
September 13 1987 by EPA delegation Nos 14-14-A and 14-14-C
and further delegated to the Director of the Office of Site
Remediation and Restoration Director This Administrative Order
by Consent is also issued pursuant to the authority vested in the
Commissioner of the Maine DEP by the Maine Uncontrolled Hazardous
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sita Page 2
Substance Sites Law 38 MRSA sect 1365(1) amp (2) (1989 amp Suf j
1997) The Respondents agree not to contest the authority or
jurisdiction of the EPA Regional Administrator the State of
Maine or their delegatees to issue this Order in any subsequent
proceeding to enforce the terms of this Order
2 EPA notified the Federal Natural Resource Trustees of
this action on September 23 1996 pursuant to Section 122(j) of
CERCLA 42 USC sect 9622(j)
II PARTIES BOUND
3 This Order shall apply to and be binding upon EPA the
State of Maine and the Respondents their successors and
assigns and upon all persons contractors and consultants whom
the Respondents have authorized to act on their behalf to perform
Work pursuant to this Order No change or changes in the
ownership or corporate or legal status of any of the Respondents
including but not limited to any transfer of assets or real or
personal property shall in any way alter the Respondents
responsibilities under this Order Each Respondent shall provide
a copy of this Order to any subsequent owners or successors (or
purchasers of all or substantially all assets) before ownership
rights are transferred The signatories to this Order certify
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 3
that they are authorized to execute and legally bind the parties
they represent
4 Any Respondent that owns any portion of the Site shall
at least 30 days prior to the conveyance of any interest in real
property at the Site give written notice that the property is
subject to this Order to the transferee and written notice to EPA
and the State of the proposed conveyance including the name and
address of the transferee
5 The City of Saco (hereafter the City) shall provide a
copy of this Order to all contractors subcontractors
laboratories and consultants retained to conduct any portion of
the Work performed pursuant to this Order within fourteen (14)
days after the effective date of this Order or after the date of
such retention whichever is later Notwithstanding the terms of
any contract the City is responsible for compliance with all
requirements of this Order (except for Paragraph 96 and
obligations arising therefrom) and for ensuring that all persons
contractors sub-contractors agents and consultants whom the
City has authorized to act on its behalf comply with this Order
In the event of conflict between this Administrative Order by
Consent and any document attached to incorporated into or
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 4
enforceable hereunder the provisions of this Administrative
Order by Consent shall control Any reference herein to the
Work shall mean all activities conducted pursuant to this Order
including but not limited to the Removal Action and all
response actions to be undertaken pursuant to the Action
Memorandum for a Non-Time-Critical Removal Action at the Site
except those activities required by Section XVIII (Record
Preservation) and Paragraph 96 (Payment by Non-Performing
Respondents)
III DEFINITIONS
6 Unless otherwise expressly provided herein terms used
in this Order 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 Order or in the appendices attached hereto and
incorporated hereunder the following definitions shall apply
a Action Memorandum shall mean the EPA Action
Memorandum relating to the Saco Municipal Landfill Site
signed on September 23 1996 by the Director of the Office
of Site Remediation and Restoration (OSRR) EPA Region I
as amended and all attachments thereto
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 5
b Cost Recovery Administrative Agreement shall mea the
Cost Recovery Administrative Agreement Docket No CERCLA shy
1-97-1010 entered by the Respondents and EPA
c Day shall mean a calendar day unless expressly stated
to be a working day or unless the reference is to a period
of ten (10) days or less in which case intervening weekend
days and legal federal holidays shall not be counted in
determining dates In all other instances of computing any
period of time under this Order 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 Working day shall mean a day other than a Saturday
Sunday or federal holiday
d Deliverable shall mean any contract deliverable
plan report notice specification schedule or other item
or document required to be submitted by the City pursuant to
the Order or Statement of Work
e EPA Approval or EPA Review and Approval shall mean
the procedures specified in Section XIVA of this Order
Administrative Order By Consent for Removal Action Saco Municipal Landfill Super-fund Site Page 6
f Extraordinary Response Costs shall mean any costo EPA
or the Maine DEP incur pursuant to Paragraphs 52d 65 69
102 and 104
g Landfill shall mean the Saco Municipal Landfill
which is owned by the City and comprised of four waste
disposal areas (identified as Areas 1 2 3 and 4 in
Appendix A) situated on the 90 acre Landfill Parcel located
on Foss Road in Saco York County Maine owned by the City
h Landfill Parcel shall mean the 90 acre parcel of land
owned by the City on Foss Road in Saco York County Maine
upon which the Landfill is situated
i National Contingency Plan or NCP shall mean the
National Oil and Hazardous Substances Pollution Contingency
Plan promulgated pursuant to Section 105 of CERCLA 42
USC sect 9605 codified at 40 CFR Part 300 and any
amendments thereto
j NTCRA shall mean the Non-Time-Critical Removal Action
undertaken pursuant to this Order
k Order shall mean this Administrative Order by
Consent the Statement of Work (SOW) and any other
appendices or attachments thereto including any future
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 7
modifications as provided by the terms of this
Administrative Order by Consent as may be added hereafter
including (upon EPA Approval or the Citys Certification)
any Deliverables required by this Order such Deliverables
shall be incorporated into and enforceable under this Order
upon EPA Approval or the Citys Certification
1 Oversight Costs shall mean all costs including but
not limited to direct and indirect costs not inconsistent
with the NCP that EPA the Department of Justice or the
State of Maine incur after the effective date of this Order
in overseeing this Order and the Cost Recovery
Administrative Agreement including costs incurred for
negotiating amendments to these instruments- costs incurred
for reviewing or developing plans reports and other items
in connection with this Order costs incurred for overseeing
actions undertaken by the City at the Site pursuant to this
Order including but not limited to payroll costs
contractor costs travel costs and laboratory costs- any
payments tc the State through a cooperative agreement lt~osts
incurred by EPA under or in connection with a contract or
arrangement between EPA and a qualified person to assist EPA
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 8
in overseeing and reviewing the conduct of activities
required under this Order costs of contractors hired by EPA
and other federal agencies to assist in the evaluation of
Respondents Work under this Order costs related to
community relationsinvolvement and any Interest accruing
from the date payment for such costs is due Extraordinary
Response Costs shall be excluded from the definition of
Oversight Costs
m Paragraph shall mean a portion of this Order
identified by an Arabic numeral or an upper case letter
n Parties shall mean EPA the State of Maine and the
Respondents
o Past Response Costs shall mean all costs including
but not limited to direct and indirect costs that EPA the
US Department of Justice or the State of Maine incurred
at the Site or in connection with the Site through the
effective date of this Order plus accrued Interest on all
such costs through such date
p Post-Removal Site Control shall mean those activities
necessary to maintain the effectiveness and integrity of the
NTCRA
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 9
q Prior MEDEP Orders and Consent Decrees shall meai The
1970 Consent Agreement and Order issued by the MEDEP to the
City the 1981 Administrative Consent Agreement and
Enforcement Order issued by MEDEP to the City the 1984
Consent Decree entered by the MEDEP and the City the 1986
First Amendment to the 1984 Consent Decree the 1987 Consent
Decree between the MEDEP and the City and all other
administrative orders and consent decrees related to the
Site issued by the MEDEP to the City prior to the effective
date of this Order
r Removal Action shall mean all activities that the
Respondents are required to perform under this Order
including but not limited to all response actions to be
undertaken pursuant to the Action Memorandum for a Non-Time
Critical Removal Action at the Site dated September 23
1996 except those activities required by Section XVIII
(Record Preservation) and Paragraph 96 (Payment by Non-
Performing Respondents)
s Response Costs shall mean all costs including but
not limited to direct and indirect costs plus Interest on
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 10
all such costs that EPA the US Department of Justice or
the State of Maine incur in connection this Order
t Performing Respondent shall mean the City of Saco
Maine
u Performing Respondents Certification shall mean the
procedures specified in Section XIVB of this Order
v Non-Performing Respondents shall mean those parties
identified in Paragraph 12
w RIFS Order shall mean the Administrative Order by
Consent for Remedial InvestigationFeasibility Study EPA
Region I CERCLA Docket No I-CERCLA-95-1069
x RIFS Response Costs shall mean those costs
including but not limited to direct and indirect costs that
EPA the US Department of Justice or the State of Maine
incurred or will incur in connection with the RIFS Order
plus accrued Interest on all such costs
y RFC shall mean the Citys Project Coordinator
z RPM shall mean EPAs Remedial Project Manager
aa Section shall mean a portion of this Order identified
by a Roman numeral
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 11
bb Site shall mean the Saco Municipal Landfill Supe fund
Site encompassing the Landfill the Landfill Parcel and
all other areas where hazardous substances migrating from
the Landfill have come to be located and all areas in
proximity to the hazardous substances necessary for
implementation of the response action
cc State shall mean the State of Maine including MEDEP
dd Statement of Work or SOW shall mean the statement
of work for the design and implementation of the Removal
Action as set forth in Appendix B to this Order any
modifications made in accordance with this Order and any
attachments to the SOW
ee MEDEP or Maine DEP shall mean the State of Maine
Department of Environmental Protection and any predecessor
or successor departments or agencies of the State
IV EPAS AND MAINE PEPS FINDINGS OF FACT
Site Description and History
7 The Site is in a rural residential area Wooded areas
surround the Site in all directions with the exception of an
open sand and gravel quarry to the southeast private residences
are located to the north and east The closest residence is
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 12
approximately 1000 feet northeast of the entrance to the
landfill In 1975 a waterline extension for the Biddeford and
Saco Water Company was installed along Buxton Road which is to
the east of the Site north to the Louden Road that services
many of the private residences in the area
8 The City of Saco operated the Landfill from 1963 until
approximately 1988 Solid wastes commercial wastes and
industrial wastes were disposed of at the Landfill In 1987 the
City of Saco began operating and continues to operate a
transfer station and compost area near the northern perimeter of
the Landfill Parcel and to the west of Foss Road The transfer
station receives and temporarily stores demolition debris wood
waste and white goods prior to off-site disposal The Landfill
is comprised of four distinct waste deposition areas (Areas 1 2
3 and 4) A brook known as Sandy Brook flows northwest to
southeast through the Landfill Parcel with Landfill Areas 1 and
2 to the east and Areas 3 and 4 to the west of Sandy Brook
9 Following reports of ground water and surface water
contamination from leachate from the Landfill the Maine DEP
began investigating the Site in 1974 A 1974 report by a
consultant for the City of Saco identified leachate originating
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 13
from Area 1 at the Landfill as a source of contamination and a
1975-1976 report recommended capping Area 1 to prevent continued
leachate generation Further studies by other consultants as
well as by the Maine DEP and EPA identified volatile organic
compounds metals and semi-volatile compounds including but not
limited to acetone bis (2-ethylhexyl) phthalate chromium 11shy
dichloroethane iron lead manganese methyl ethyl ketone and
toluene in the leachate ground water andor surface water at
the Site at the time of the additional studies
10a In February 1976 the Maine DEP issued a Consent
Agreement and Order (Consent Order) to the City of Saco to
abate leachate migration from the Landfill Pursuant to the
Consent Order the City of Saco regraded Area 1 and covered it
with a clay cap in the fall of 1976 In September 1981 the
Maine DEP issued-an Administrative Consent Agreement and
Enforcement Order to the City of Saco requiring submittal of a
closure plan for the entire Landfill The City of Saco submitted
a closure plan to the Maine DEP in March and November 1984
Following Maine DEP approval of the submitted plan the Maine DEP
and the City of Saco entered into a Consent Decree effective
December 31 1984 under which the City of Saco agreed to perform
Administrative Order By Conaent for Removal Action Saco Municipal Landfill Super-fund Site Page 14
the closure plan for the Landfill Pursuant to the approved
closure plan the City of Saco installed a leachate recirculation
system in Area 2 and covered this area of the Landfill with a
clay cap In addition in a separate action from 1985 to 1991
the City of Saco allowed the temporary storage of solid waste
from Nike Inc in Area 3 which was later sent off-site for
incineration Area 4 of the Landfill has been graded and is
covered with a thin layer of soil
b A number of monitoring efforts at the Site have
been undertaken by the City of Saco and others In 1980 34
private wells located near the Site were sampled In 1984 the
City of Saco contracted with Dubois amp King which installed 24
additional monitoring wells conducted sampling of groundwater
surface water off-site residential wells and ponds and
initiated quarterly sampling In 1987-1988 the City of Saco
contracted with Balsam Environmental Consultants to conduct
sampling of groundwater surface water and leachate in
preparation for Landfill closure activities In 1989 Balsam
evaluated the existing monitoring well network and submitted a
Remedial Investigation Plan
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 15
c From September 1992-April 1994 Halliburton NUS
Corporation provided technical assistance to EPA conducted a
Limited Field Investigation under EPA oversight and prepared a
Final Site Summary Report regarding the Site In 1993-1994 the
US Geological Survey under an Interagency Agreement with the
EPA conducted a detailed geologichydrogeologic review of the
Site and installed monitoring wells performed numerous
geophysical analyses and monitored and sampled surface water
B Performing Respondent
11 The City of Saco is a municipality which currently owns
the Landfill Parcel and the Landfill and owned the landfill
Parcel and the Landfill during the time of disposal of hazardous
substances at the Landfill The City also operated the Landfill
during the time of disposal of hazardous substances at the
Landfill either directly or through a contractor The City of
Saco typically provided trash removal services for residential
and non-industrial commercial entities Industrial entities
handled their own waste hauling to the Landfill
C Non-Performing Respondents
12 The following parties are Non-Performing Respondents
Robus Leather Corporation fka George Newman amp Company
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 16
successor by merger to Biddeford Industries Inc a corporation
under the law of the State of Ohio CL Hauthaway amp Sons Corp
a corporation under the law of the Commonwealth of Massachusettsshy
Gabriel Electronics Incorporated a corporation under the law of
the State of Maine Litton Industries Inc a corporation under
the law c_ the State of Delaware- Lyn-Flex Industries an
unincorporated division of Der-Tex Corporation a corporation
under the law of the Commonwealth of Massachusetts Millipore
Corporation a corporation under the law of the Commonwealth of
Massachusetts Nike Inc a corporation under the law of the
State of Oregon ZENECA Inc a corporation under the law of the
State of Delaware Saco Defense Inc a corporation under the law
of the State of Delaware Bemis Company Inc a corporation
under the law of the State of Missouri and Champion
International Corporation a corporation under the law of the
State of New York EPA and Maine DEP allege that each Non-
Performing Respondent arranged by contract agreement or
otherwise for the disposal or treatment of hazardous substances
at the Landfill andor accepted or
had a corporate relationship with a person that accepted
hazardous substances for transport to the Landfill
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 17
C Environmental Status of Site
13 Beginning in the mid-1970s individuals residing near
the Site reported water quality concerns regarding their drinking
water wells To address these concerns the municipal water
supply was extended along Buxton Road (Route 112) in 1975
14 Based upon the hazardous substance releases detected
during EPA MEDEP and City of Saco investigations at the Site
and other information available to EPA regarding disposal of
hazardous substances by industrial generators at the Landfill
and pursuant to Section 105(a)(8)(B) of CERCLA 42 USC
sect 9605(a)(8)(B) the Site was proposed for inclusion on the
National Priorities List (NPL) published by the Administrator
of EPA in the Federal Register on June 24 1988 (NPL Update 7
53 Fed Reg 23988-98) The Site was listed for final inclusion
on the NPL on February 21 1990 (NPL Final Rule Update 7 55
Fed Reg 6154)
15 EPA MEDEP and the City of Saco have entered into the
Administrative Order by Consent for Remedial Investigation
Feasibility Study US EPA Region I CERCLA Docket No I-CERCLAshy
95-1069 (RIFS Order) in order to fully investigate the release
or threat of release of hazardous substances at the Site The
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 18
RIFS Order became effective on October 2 1995 The Remedial
Investigation and Feasibility (RIFS) Study is still in
progress
16 The RIFS and earlier investigations have revealed that
the landfill waste material is the source of hazardous substances
migrating to the underlying soils groundwater sediments and
surface water Hazardous substances were detected in groundwater
monitoring wells adjacent to and downgradient of the Site
indicating that hazardous substances have migrated from the Site
into the overburden groundwater which discharges to Sandy Brook
Groundwater data indicates that hazardous substances including
but not limited to arsenic manganese vinyl chloride benzene
and bis(2-ethylhexyl)phthalate are present at concentrations
above the maximum contaminant levels established under the
federal Safe Drinking Water Act and the Maine Maximum Exposure
Guidelines In addition hazardous substances from the Site have
accumulated in the sediments of leachate seeps adjacent to Sandy
Brook The level of arsenic in one leachate seep adjacent to
Sandy Brook is over 200 times the National Oceanic and
Atmospheric Effects Range-Low concentrations for sediments (NOAA
ER-L)
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 19
17 On June 6 1996 EPA issued an Engineering
EvaluationCost Analysis (EECA) Approval Memorandum for the
Site In this memorandum EPA concludes that a CERCLA Non-Time-
Critical Removal Action is necessary and appropriate to control
the source of hazardous substance releases at the Site and
authorizes the undertaking of an EECA study to evaluate various
response options On July 26 1996 EPA approved the EECA
Report prepared by the City of Saco pursuant to the RIFS Order
18 On September 23 1996 the Director of OSRR EPA Region
I signed an Action Memorandum for a Non-Time-Critical Removal
Action at the Site In order to control and contain the release
of hazardous substances from Areas 3 and 4 of the Saco Municipal
Landfill Site the Action Memorandum calls for excavation of
groundwater seep sediments with arsenic concentrations above 19
mgkg the construction of a multi-layer landfill cap
institutional controls long-term monitoring and Post-Removal
Site Control (operation and maintenance) of the cap and
monitoring wells
D Endangerment and Response
19 The primary route by which human populations could be
exposed to hazardous substances migrating from the Site is
Administrative Order By Concent for Removal Action Saeo Municipal Landfill Superfund Site Page 20
ingestion of groundwater in the vicinity of Areas 3 and 4 At
present no residents living near the Site are known to be
consuming impacted groundwater However the potential exists
for new residences to be located (with associated drinking water
wells) near the Site
20 Due to ongoing weather conditions water infiltrates
the landfill waste material and underlying soils causing the
leaching of hazardous substances to the groundwater and the
migration of such substances through the groundwater An
exposure pathway potentially exists therefore through the
ingestion of water from a drinking water well installed in the
groundwater impacted by the hazardous substances
21 A risk evaluation performed for the EECA Approval Memo
concludes that there is an unacceptable cancer and non-cancer
risk from exposure to substances in the groundwater including
those hazardous substances listed in Paragraph 9 above The
cumulative excess cancer risk resulting from ingestion of
groundwater by a future user is estimated as 1 x 10~2 for the
reasonable maximum exposed individual and 91 x 104 for the
average exposed individual These levels exceed the highest
acceptable level of risk (1 x 10) established by EPA under the
Administrative Order By Convent for Removal Action Saoo Municipal Landfill Superfund Site Page 21
National Contingency Plan The hazard index which is an
expression of the potential noncarcinogenic effects (eg liver
damage) of the hazardous substances is estimated as 64 for the
reasonable maximum exposed individual and 22 for the average
exposed individual A hazard index significantly greater than
one is considered to pose an unacceptable risk
22 The EECA Approval Memo risk evaluation also identified
an unacceptable risk from human exposure to the maximum
concentrations of arsenic in the groundwater seeps and an
unacceptable non-cancer risk from human exposure to chromium in
the soils adjacent to Area 3
23 An ecological risk was also identified by the EECA
Approval Memo risk evaluation Iron concentrations in Sandy
Brook were up to 18 times the ambient water quality criteria and
arsenic concentrations in Sandy Brook sediments and the
groundwater seep sediments were 138 times the NOAA ER-L
24 The Removal Action specified in the Action Memorandum
signed by the Director of OSRR EPA Region I on September 23
1996 and as detailed in the Order and SOW is designed to
control the actual or threatened release of hazardous substances
into the groundwater air surface water and sediments and
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 22
thereby prevent minimize andor mitigate the imminent and
substantial endangerment to the public health or welfare or the
environment posed by the actual or potential releases of
hazardous substances from the Landfill
V EPAS AND MAINE PEPS DETERMINATIONS
Based on the Findings of Fact set forth above and the
administrative record supporting the Removal Action EPA and the
Maine DEP have determined that
25 The Saco Municipal Landfill Superfund Site is a
facility as defined by Section 101(9) of CERCLA 42 USC
sect 9601(9) and an uncontrolled hazardous substance site within
the meaning of the Maine Uncontrolled Sites Law 38 MRSA
sect 1362(3) (1989 amp Supp 1997)
26 The hazardous substances found at the Site as
identified in the Findings of Fact above include hazardous
substance(s) as defined by Section 101(14) of CERCLA 42 USC
sect 9601(14) and the Maine Uncontrolled Sites Law 38 MRSA
sect 1362(1) (1989 amp Supp 1997)
27 Each Respondent is a person as defined by Section
101(21) of CERCLA 42 USC sect 9601(21)
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 23
28 Each Respondent is a liable party within the meaning of
Section 107(a) of CERCLA 42 USC sect 9607(a) and a responsible
party within the meaning of the Maine Uncontrolled Hazardous
Substances Sites Law 38 MRSA sect 1362(2) (1989 amp Supp 1997)
29 The conditions described in the Findings of Fact above
constitute an actual or threatened release of a hazardous
substance from the facility into the environment as defined by
Section 101(8) and (22) of CERCLA 42 USC sect 9601(8) and (22)
30 The conditions present at the Site may constitute a
threat to public health welfare andor the environment based
upon the factors set forth in Section 300415(b)(2) of the
National Contingency Plan 40 CFR sect 300415(b)(2)
31 The actual or threatened release of hazardous
substances from the Site may present an imminent and substantial
endangerment to the public health welfare or the environment
within the meaning of Section 106(a) of CERCLA 42 USC
sect 9606(a) and may constitute threats or hazards posed or
potentially posed by an uncontrolled site within the meaning of
the Maine Uncontrolled Sites Law 38 MRSA sect 1364 (1989 amp
Supp 1997)
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 24
32 In order to protect the public health and welfare and
the environment and prevent the further release or threat of
release of hazardous substances in at or from the Site a
Removal Action is necessary and appropriate The Removal Action
will consist of implementation of this Order and SOW The SOW is
designed to prevent minimize andor mitigate damage to the
public health or welfare or the environment which may otherwise
result from the release or threat of release of hazardous
substances and was developed in accordance with the criteria set
forth at Section 300415 of the NCP 40 CFR sect 300415 The
Removal Action is not inconsistent with the NCP and CERCLA
33 Despite the Non-Performing Respondents agreement to
make payments to be used for performance of the Work and the
Performing Respondents agreement to perform Work under this
Order Respondents do not admit any of the factual or legal
determinations made by EPA and Maine DEP Respondents agreement
to this Order shall not be construed to be an acknowledgment that
the release or threatened release constitutes an imminent and
substantial endangerment to the public health or welfare or the
environment Except as otherwise provided in the Federal Rules
of Evidence and other than in proceedings to enforce i) this
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 25
Order ii) any agreement between and amonc e Performing
Respondent and Non-Performing Respondents regarding the Site or
iii) a judgment relating to this Order or any such agreement
Respondents participation in this settlement shall not be
considered an admission of liability for any purpose and the
fact of such participation shall not be admissible in any
judicial or administrative proceeding
VI ORDER
34 Based upon EPAs and MEDEPs jurisdiction the Findings
of Fact and Determinations set forth above and the
administrative record supporting the Removal Action EPA and the
Maine DEP hereby order and the Parties hereby agree that the
Respondents as required herein shall comply with the provisions
of this Order and SOW and perform all actions required by the
terms and conditions of this Order and SOW
VII REMOVAL WORK TO BE PERFORMED COMPLETION OF WORK
35 Upon the effective date of this Order the City shall
perform the Work detailed in the SOW to perform the Removal
Action and meet the performance standards specified in the Action
Memorandum and the SOW The Parties agree that the SOW is
consistent with the Action Memorandum Notwithstanding any
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 26
determination that EPA may make under Paragraph 70 cpound this Order
that additional response actions are necessary to attain the
performance standards specified in the Action Memorandum
compliance with the Work requirements specified in the SOW shall
constitute compliance with the Citys obligation to perform the
Work required by this Paragraph (Paragraph 35) If the SOW must
be modified to ensure that the City meets the performance
standards specified in the Action Memorandum and the SOW the
City must thereafter complete the Work required by the SOW as
modified As specified in the SOW the Removal Action will
generally consist of (i) excavation of all sediments in the
groundwater seep adjacent to Sandy Brook having an arsenic
concentration above 19 mgkg (ii) the design and construction of
a multi-layer low hydraulic conductivity cap over the landfill
(iii) long-term monitoring of the groundwater surface water and
sediments (iv) Post-Removal Site Control and (v) institutional
controls including deed restrictions andor other controls to
prohibit the future use of the Site in any manner that would
compromise the integrity of the cap and its related systems
36 The City shall conduct as necessary Post-Removal Site
Control at the Site in accordance with the SOW All activities
Administrative Order By Connent for Removal Action Saco Municipal Landfill Superfund Site Page 27
performed by the City shall be conducted in accordance with
CERCLA the NCP applicable guidance documents specified by EPA
in the SOW and the provisions of this Order including any
standards specifications and time schedules contained in the
SOW (as such may be amended) and its attachments
37 Pursuant to the schedule in Attachment A to the SOW
the City shall submit for EPA Approval the Final Demonstration of
Compliance and Completion of Removal Action Report (the Final
Completion of Removal Action Report) The Final Completion of
Removal Action Report shall conform to the requirements specified
in the SOW The Final Completion of Removal Action Report shall
also include the following certification signed by the Citys
Project Coordinator or a responsible City official
On behalf of the City for whom I have the authority to make this certification I certify that to the best of my knowledge after appropriate inquiries of relevant persons involved in the preparation of the Report the information submitted 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
38 If EPA after reasonable opportunity for review and
comment by the State determines that the construction portion of
the Removal Action has been fully performed in accordance with
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superpoundund Site Page 28
this Order (with the exception of continuing obligations required
by this Order including without limitation Post-Removal Site
Control long-term monitoring and record preservation) and that
the performance standards specified in the Action Memorandum and
the SOW have been achieved EPA will provide written notice to
the City If EPA after reasonable opportunity for review and
comment by the State determines that all activities have not
been completed in accordance with the provisions of this Order
it will so notify the City and provide a list of the tasks
remaining and a schedule for their completion Subject to the
Citys right to invoke Dispute Resolution the City shall perform
all remaining tasks and shall submit an amended Final Completion
of Removal Action Report in accordance with the EPA notice
VIII COORDINATION AND COOPERATION WITH OTHER RESPONSE ACTIONS
39 The Parties recognize that (i) the City of Saco is
currently performing an RIFS at the Site (ii) EPA intends
after reasonable opportunity for review and comment by the Maine
DEP to select a final remedial action for the Site following
completion of the RIFS and (iii) the design andor construction
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Superfund Site Page 29
of a future remedial action may be performed concurrently with
the Citys performance of portions of the Removal Action
40 The City shall coordinate and cooperate fully with EPA
the State and any other person conducting future response
actions at the Site under EPA or State supervision The City
shall not interfere with or hinder the performance of future
response actions nor take any actions inconsistent with the
performance of any future response actions Further the City
shall provide such assistance and information as EPA deems
necessary to ensure the smooth transfer of the operation and
maintenance of the landfill systems to EPA and any other person
conducting future response actions at the Site under EPA or State
supervision if such becomes necessary
IX ENSftlt3EMTiTJT 9F THE CITYS CONSULTANT AND CONTRACTOR AND PROJECT COORDINATOR
41 The City has selected a qualified Consultant (the
Consultant) Woodard and Curran Inc to perform engineering
consulting work including cap design required under this Order
Additional technical activities including cap construction will
be performed by a contractor yet to be selected The Consultant
and contractor shall employ key personnel dedicated to the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 30
Removal Action that shall have a minimum of five (5) years of
direct experience in performing response actions at hazardous
waste sites Subcontractors retained by the Consultant or
contractor shall contribute no more than fifty percent (50) of
the total work to be conducted under the agreement between the
City and the Consultant All work performed by said Consultant
and contractor pursuant to this Order shall be unde^ the general
direction and supervision of a qualified individual with
expertise in hazardous waste site cleanup The contractor shall
employ such professional staff and shall contract with
appropriate subcontractors sufficient to perform the Removal
Action prior to engagement by the City
42 The City shall provide written notice to EPA and the
Maine DEP within ten (10) days after engaging a contractor The
notice shall include a copy of the Citys contract with the
contractor a statement of qualifications identification of
project personnel and language dedicating the specific
professional staff for specific hours devoted to the project
The City shall notify EPA and the Maine DEP regarding the
identity and qualifications of all subcontractors as soon as each
subcontractor is engaged or at least fourteen (14) days prior to
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Superfund Site Page 31
the subcontractors commencement of Site Work whichever occurs
first Notice by the Citys contractor or subcontractor shall be
deemed notice by the City EPA after reasonable opportunity for
review and comment by the Maine DEP shall have the right
subject to the Citys right to invoke Dispute Resolution to
disapprove based on professional qualifications conflicts of
interest andor deficiencies in previous similar work the
Consultant and any contractor or subcontractor or other person
engaged directly or indirectly by the City to conduct the Work
under this Order The City shall not be deemed in violation of
this Order because the Work has been performed by a contractor or
subcontractor or other person engaged directly or indirectly by
the City to conduct the Work under this Order which is
subsequently disapproved by EPA
43 Within fourteen (14) days after the effective date of
this Order the City shall designate a Project Coordinator who
shall be responsible for the administration of all actions called
for by this Order and shall submit the Coordinators name
address and telephone number to EPA and the ^aine DEP Any
subsequent change in the Citys Project Coordinator shall be
accomplished to the extent possible by notifying EPA and the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 32
Maine DEP in writing at least fourteen (14) days prior to the
change The Citys Project Coordinator shall be subject to
disapproval by EPA and shall have the technical expertise
sufficient to adequately oversee all aspects of the work required
under this Order
X DESIGNATION OF GOVERfffMHSITT COORDINATORS
44 EPA will designate a Remedial Project Manager (WRPM)
for administration of its responsibilities for oversight of the
day-to-day activities conducted under the Order and for receipt
of all written matter including deliverables required by the
Order The Maine DEP may designate a Maine DEP Project Manager
for the administration of its responsibilities for oversight of
the day-to-day activities conducted under the Order and for
receipt of all written matter including deliverables submitted
to the Maine DEP as required by this Order In addition EPA
will designate a Geographic Section Chief (GSC) who shall have
ultimate responsibility for the approvaldisapproval findings and
comments on Deliverables pursuant to Section XIV of this Order
EPA will submit the name address and telephone number of the
RPM and GSC to the City and the Maine DEP within fourteen (14)
days after the effective date of this Order EPA shall notify
Administrative Order By Consent for Removal Action Saco Municipal Landfill Suparfund Site Page 33
the City and the Maine DEP in writing of any subsequent changes
in the RPM or GSC
45 The RPM shall have the authority vested in the On-Scene
Coordinator and the Remedial Project Manager by the National
Contingency Plan as amended 40 CFR Part 300 This includes
the authority to halt conduct or direct any tasks required by
this Order andor any response action or portions thereof when
conditions may present an imminent and substantial endangerment
to public health or welfare or the environment The absence of
the EPA RPM from the Site shall not be cause for the City to halt
actions at the Site unless specifically directed by the RPM
XI PLACE AND MANNER OF NOTICE
46 Communications between the City and EPA andor the
Maine DEP and all documents including reports approvals
disapprovals written notice and other correspondence concerning
the activities performed pursuant to the terms and conditions of
this Order shall be directed through the Citys Project
Coordinator the EPA RPM and the Maine DEP Project Manager For
each Deliverable provided to EPA one (I) camera ready (unbound)
original shall be submitted along with such additional copies as
are required by the RPM Additionally two (2) copies shall be
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 34
submitted to the Maine DEP Project Manager along with such
additional copies as the Maine DEP Project Manager may request
All such documents submitted pursuant to this Order shall be sent
by certified mail return receipt requested or by overnight
delivery service or by courier to the EPA RPM and the Maine DEP
Project Manager at the following addresses or to such other
addresses as EPA or the State hereafter may designate in writing
Mary Jane ODonnell Chief MEVTCT Superfund Section US Environmental Protection Agency Office of Site Remediation and Restoration - HBT JFK Federal Building Boston MA 02203
Wilkes Harper Maine DEP Bureau of Remediation and Waste Management 17 State House Station Augusta ME 04333-0017
XII OBSERVATION OF THE CITYS ACTIVITIES
47 The City shall allow the EPA RPM EPA and State
employees (including but not limited to the Maine DEPs Project
Manager) agents consultants contractors and authorized
representatives to observe the Citys Work at the Site in
implementing the Removal Action activities pursuant to this
Order All activities under this Order shall comply with the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 35
provisions for respmdash pe action worker safety and health in
29 CFR sect 1910120 EPA and Maine DEP will provide reasonable
notice to the City prior to such observation to the extent
practicable The City shall permit such persons (i) to inspect
and copy all non-privileged records documents files or other
writings that relate in any way to the work at the Site and that
would be available to EPA pursuant to its authority under Section
104(e)(2) of CERCLA (ii) to record all field activities by means
of photographic or other recording equipment (iii) to enter and
to freely move about all property on or about the Site during
field activities and at all other reasonable times (iv) to
conduct such tests as EPA may deem necessary (the results of
which shall be available to the Respondents and (v) to verify
the data submitted to EPA by the City The City shall not assert
privileges with respect to technical data regarding the Site
collected pursuant to any requirement of the RIFS Administrative
Order by Consent this Order or any other EPA or Maine DEP
request
XIII NECESSITY OF FORMAL APPROVAL
48 No informal advice guidance suggestions or comments
whether written or oral by EPA or the Maine DEP regarding
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 36
Deliverables or regarding any orv er written or oral information
submitted by the City to EPA (including any information the City
provides to EPA before during or after meetings) shall be
construed as relieving the City of its obligations to obtain such
formal reviews as may be required by this Order and SOW
XIV DELIVERABLES SUBMITTED TO EPA AND THE MAINE PEP
49 For Deliverables which require EPA Approval as
specified in this Order or the SOW the City shall comply with
the procedures set forth in subsection XIVA below For
Deliverables which require Performing Respondents Certification
as specified in the SOW the City shall comply with the
procedures set forth in subsection XIVB below
50 All Deliverables submitted to EPA and the Maine DEP
shall be delivered to EPA and the Maine DEP in accordance with
the schedule set forth in the SOW or otherwise established under
this Order or as modified in accordance with Section XXXXI All
Deliverables which have not received an Approval or Approval with
Conditions pursuant to subsection XIVA below or which require
the Citys Certification pursuant to subsection XIVB below
shall include the following disclaimer in a prominent location in
the document Disclaimer This document has been prepared by
Administrative Order By Concent for Removal Action Saco Municipal Landfill Superfund Site Page 37
the City pursuant to a government administrative order and has
not received final acceptance from the US Environmental
Protection Agency The opinions findings and conclusions
expressed are those of the authors and not those of the US
Environmental Protection Agency or Maine Department of
Environmental Protection In addition any such Deliverable
which requires EPA Approval pursuant to subsection XIVA below
and which has not received final approval from EPA shall be
marked DRAFT on each page
51 Any Deliverable required by this Order or SOW shall be
incorporated in and become an enforceable part of this Order
upon EPA Approval pursuant to subsection XIVA or upon the
Performing Respondents Certification pursuant to subsection
XIVB whichever applies Delay or noncompliance with such
Deliverables shall be considered delay or noncompliance with
requirements of this Order and the provisions of Section XXX
(Stipulated Penalties) shall apply
A Deliverables Requiring EPA Approval
52 EPA will review each Deliverable which requires EPA
Approval as specified in this Order or Attachment A of the SOW to
determine after reasonable opportunity for review and comment by
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 38
the Maine DEP whether it is consistent wi^b the requirement-^ of
the SOW and the Order and may respond to the City with one or
more of the following findings
a Approval -- means that the City shall proceed with the
next scheduled activity consistent this Order
(including the approved Deliverable)
b Approval with Conditions -- means that the City shall
proceed with the next scheduled activity subject to
certain required modifications or conditions set forth
in the EPA comments In its response EPA will specify
a schedule for resubmitting the Deliverable with the
required modifications or conditions as set forth in
the EPA comments and EPA will specify in writing the
required modifications or conditions If the City
fails to resubmit the Deliverable within the specified
time EPA may order the City to cease work on the
activity or any portion of it until such time as the
modification is made or the condition is met
c Disapproval with Modification Required -- means that
the City shall not proceed until it modifies the
Deliverable to correct the deficiencies delineated in
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 39
EPAs corr(ccergtsl and resubmits the Deliverable for
further EPA review Modifications may be required in
any originally-submitted Deliverable any portions of a
Deliverable or any Deliverable or portion of a
Deliverable resubmitted to EPA EPA will specify a
schedule for resubmitting any Deliverable requiring
modifications
d Disapproval with EPA Modification mdash means that EPA has
determined that it will modify the submission to cure
any deficiencies in the Deliverable andor undertake
the Work or any portion of it itself EPA will include
a brief explanation for its determination within the
Notice of Disapproval with EPA modification The City
agrees to reimburse EPA for the costs of such
modification or such Work undertaken by EPA as
Extraordinary Response Costs pursuant to and subject to
Paragraph 82 of this Order However EPA shall not
modify a submission without first providing the City at
least one notice of deficiency and an opportunity to
cure within seven (7) days of receipt of such notice
except where to do so would cause serious disruption to
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 40
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
53 Any disapproval of a Deliverable will give rise to
stipulated penalties as set out in this Order- stipulated
penalties shall accrue from the time the disapproved Deliverable
was originally due Stipulated penalties shall not be payable
however for Deliverables Disapproved with Modification Required
unless disapproval of a first resubmission is due to a material
defect In the case of Deliverables Disapproved with EPA
Modification pursuant to Paragraph 52d stipulated penalties
shall not continue to accrue after 30 days after the Deliverable
is disapproved except if the City disputes the disapproval in
which case stipulated penalties shall run in accordance with
Section XXX of this Order In the event of a disagreement over
EPAs determination concerning a Deliverable the parties shall
resolve the disagreement in accordance with the Dispute
Resolution Section (Section XXIX) of this Order A determination
of Approval or Approval with Conditions shall not be construed to
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 41
mean that EPA concurs with all conclusions methods or
statements in the Deliverables
B Deliverables Requiring Performing Respondents Certification
54 Each Deliverable requiring the Performing Respondents
Certification as specified in Attachment A of the SOW shall be
certified by the City as provided below Upon submittal to EPA
and the Maine DEP the City shall proceed with the next scheduled
activity consistent with each such Deliverable without further
notification or approval by EPA Each such Deliverable shall
include the following certification signed by the Citys Project
Coordinator
On behalf of the City for whom I have the authority to make this certification I certify to the best of my knowledge and professional judgment after appropriate inquiries of relevant persons involved in the preparation of this Deliverable that the guidance documents specified in the SOW which apply to this Deliverable were reviewed in preparation of this Deliverable I further certify that to the best of my knowledge and professional judgment this Deliverable is in accordance with the SOW and the guidance documents specified therein which apply to this Deliverable I am aware that the City may be subject to stipulated penalties for submitting a Deliverable that is not in conformance with the SOW and the guidance documents specified therein which apply to this Deliverable
55 EPA at its discretion may provide comments to the
City concerning any Deliverable requiring the Performing
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Suparfund Site Page 42
Respondents Certification and after reasonable opportunity for
review and comment by the State may disapprove the Deliverable
and notify the City of deficiencies in writing Upon receipt of
a notice of disapproval with deficiencies the City shall suspend
performance of all action required by the Deliverable and shall
correct the deficiencies and resubmit the Deliverable within
thirty (30) days or such other time period specified by EPA in
the notice of disapproval Notwithstanding a notice of
disapproval the City shall proceed to take any action required
by any non-deficient portion of the Deliverable If EPA
disapproves the Deliverable as resubmitted the City shall be in
violation of the Order and the provisions of Section XXX
(Stipulated Penalties) shall apply
XV MONTHLY PROGRESS REPORTS AND MEETINGS
56 The City shall provide monthly written progress reports
(Progress Reports) to EPA and the Maine DEP as specified in
the SOW Meetings between the RPM the Maine DEP the RPC and
the Consultant may be held at least once per month at the EPA
office in Boston unless EPA designates another location or
determines that a monthly meeting is not required for a
particular month The City id the Consultant and contractor
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 43
engaged to perform the Work under this Order shall also meet with
and make formal presentations to EPA at the completion of major
components of the Removal Action as specified by the EPA RPM
After completion of all construction activities the City may
upon EPA approval reduce the frequency of submission of the
monthly Progress Reports
57 The City shall submit in its monthly progress reports a
summary of results of sampling andor tests and other data
generated by the City by its Consultant and contractor or on
the Citys behalf in the course of implementation of the Order
The City shall furnish the full results and any underlying
documentation to EPA upon request
XVI QUALITY ASSURANCEQUALITY CONTROL
HEALTH AND SAFETY COMPLIANCE
58 While conducting sample collection sample analysis
and construction activities required by this Order the City
shall use quality assurance quality control and chain of
custody procedures in accordance with EPAs Interim Guidelines
and Specifications for Preparing Quality Assurance Project Plan
(December 1980 QAMS-00580) Data Quality Objective Guidance
(EPA540G87003 and 004) subsequent amendments to such
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 44
guidelines the Quality Assurance Project Plan (QAPP) approved
under the RIFS Order and additional quality assurance
procedures for construction activities required in the SOW
59 The City shall prepare a Health and Safety Plan as
required and described in the SOW The Health and Safety Plan
shall be consistent with and implement standards promulgated by
the Secretary of Labor pursuant to CERCLA and Section 6 of the
Occupational Safety and Health Act of 1970
XVII SPLIT SAMPLING
60 At the request of EPA or the Maine DEP the City shall
provide split or duplicate samples to EPA and the Maine DEP or
their authorized representatives of any samples collected by the
City pursuant to the implementation of this Order Similarly
the City shall allow such split or duplicate samples to be taken
by EPA the Maine DEP andor their authorized representatives
The City shall notify EPA and the Maine DEP not less than thirty
(30) days or such lesser time as approved by the EPA RPM in
advance of any sample collection activity Not less than twenty-
one (21) days in advance of sample collection or such lesser
time as approved by the RPM the City shall notify EPA and the
Maine DEP of the sampling date sampling media and the number of
Administrative Order By Convent for Removal Action Saco Hunicipal Landfill Superfund Site Page 45
samples from each media EPA and the Maine DEP shall conduct any
sampling activities in a reasonable manner Upon request EPA
and the Maine DEP shall allow the City to take split or duplicate
samples of any samples they collect as part of their oversight of
the Citys implementation of the Work
XVIII RECORD PRESERVATION
61 During the pendency of this Order and for a period of
not less than six (6) years after EPA approval of the Final
Completion of Removal Action Report the Respondents shall
preserve all records and documents in their possession which
relate in any way to the performance of activities required under
this Order notwithstanding any document retention policy to the
contrary provided that this Paragraph shall not apply to copies
of documents that are generated by the City EPA or the State of
Maine related to this Order that are in the custody of any Non-
Performing Respondent This Paragraph does not alter the
document retention requirements of the RIFS Order and the Cost
Recovery Administrative Agreement The City shall instruct its
consultants contractors and agents to preserve all records and
documents in their possession which relate to the performance of
the activities required under this Order At the conclusion of
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 46
this document retention period the Respondents shall notify JlPA
and the Maine DEP at least ninety (90) days prior to the
destruction of any such records or documents The Respondents
shall send such notice accompanied by a copy of this Order to
Office of Regional Counsel US Environmental Protection Agency JFK Federal Building Boston MA 02203 Attention Saco Municipal Landfill Superfund Site Re Administrative Order by Consent for Removal Action
and Wilkes Harper Maine DEP Bureau of Remediation and Waste Management 17 State House Station Augusta ME 04333-0017
Upon request by EPA the Respondents shall deliver to EPA any or
all such non-privileged records and documents or copies of any
such non-privileged records and documents The Settling Parties
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 Parties
assert such a privilege they shall provide the EPA with the
following (l) the title of the document record or
information (2) the date of the document record or
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 47
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 Parties However no documents reports or other
information created or generated to meet the requirements of the
Order shall be withheld on the grounds that they are privileged
If EPA does not elect to take delivery of any records or
documents or copies thereof upon request by the Maine DEP the
Respondents shall deliver the requested records and documents or
copies thereof to the Maine DEP If neither EPA nor the Maine
DEP elect to take delivery of any records documents or copies
within 90 days of notice to EPA and the Maine DEP the
Respondents may destroy such records or documents as noticed
XIX CONFIDENTIALITY CLAIMS
62 The City may assert a confidentiality claim if
appropriate covering all or part of the information requested by
this Order pursuant to 40 CFR sect 2203(b) Such an assertion
shall be adequately substantiated when it is made Neither
analytical data nor any information specified in Section
104(e)(7)(F) of CERCLA shall be claimed as confidential by the
Administrative Order By Consent for Removal Action Sm -o Municipal Landfill Suprfund Site Page 48
City Information in EPAs custody which is determined to be
confidential by EPA shall be afforded the protection specified by
40 CFR Part 2 Subpart B and Section 104(e)(7) of CERCLA
Information in MEDEPs custody which is determined to be
confidential by EPA shall be afforded the protection specified by
40 CFR Part 2 Subpart B to the extent provided by applicable
Maine law If no such claim accompanies the information when it
is submitted to EPA and the Maine DEP it may be made available
to the public by EPA and the Maine DEP without further notice to
the City
XX SITE ACCESS
63 The City shall grant access to the Site to EPA and the
Maine DEP and their officers employees agents contractors
consultants and other authorized representatives for purposes of
implementing and monitoring work to be performed urder this
Order during field activities and at all other reasonable times
64 To the extent access to use or ownership of or
easements over property other than the Site is required for the
proper and complete implementation of this Order the City shall
use i_3 best efforts to obtain site access agreements or other
interests in such property within ninety (90) days after the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 49
Orders effective date or within forty-five (45) days of when
EPA and the Maine DEP determine that such access or other
interests become necessary if EPA and Maine DEP first determine
that such access or other interests are necessary after the
effective date of this Order For purposes of this Paragraph
best efforts include but are not limited to providing
reasonable consideration in exchange for access to or other
interests in property
65 Such written access agreements or other interests
obtained pursuant to the preceding Paragraph shall at a minimum
allow the Citys authorized representatives and EPA and the
Maine DEP and their officers employees agents contractors
consultants and other authorized representatives to enter freely
and move about the property during field activities and at all
other reasonable times in order to implement and oversee the
implementation of the Work under this Order consistent with the
other provisions of this Order In the event that the City fails
to obtain any necessary access agreements or other interests
within the time period specified above the City shall notify EPA
and the Maine DEP in writing within five (5) days thereafter
Such notification shall include a description of the efforts made
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 50
by the City to obtain the necessary access and other interests
and the reason for its lack of success The City shall reimburse
EPA for the costs of any action necessary to obtain access as
Extraordinary Response Costs pursuant to and subject to the terms
of Paragraph 82
XXI ENDANGERMENT AND EMERGENCY RESPONSE
66 Upon the occurrence of any event or change of
conditions during implementation of this Order that causes or
threatens any release of hazardous substances pollutants or
contaminants from the Site that endangers the public health
welfare or the environment the City shall immediately take all
appropriate action to prevent abate or minimize such release or
endangerment The City shall also orally notify the EPA and
Maine DEP RPMs within twenty-four (24) hours or in the event of
the EPA RPMs unavailability shall notify within the same period
the Regional Duty Officer of the Emergency Planning and Response
Branch EPA Region I telephone (617) 223-7265 The City shall
act in accordance with all applicable provisions of the Health
and Safety Plan prepared pursuant to the Statement of Work
67 The City shall submit a written report to EPA and the
Maine DEP within seven (7) days after each such event setting
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 51
forth (i) the events that have occurred (ii) the measures caken
and to be taken to mitigate any harm caused or threatened by the
event and (iii) the measures taken and to be taken to prevent
the recurrence of such an event
68 Regardless of whether or not such a report is made to
EPA if EPA determines after reasonable opportunity for review
and comment by the Maine DEP to the extent time permits that
activities in compliance or noncompliance with this Order have
caused or may cause a release of a hazardous substance pollutant
or contaminant that endangers the public health or welfare or the
environment EPA may (i) order the City to stop further
implementation of this Order for such period of time as may be
needed to abate such release or threat (ii) instruct the City to
undertake any action which EPA determines is necessary to abate
such a release or threat andor (iii) undertake any action not
inconsistent with the NCP which EPA determines is necessary to
abate such a release or threat
69 In the event that EPA takes action at the Site to remedy
such a release threat of release or endangerment the City
shall reimburse EPA for the costs of such action not inconsistent
with the NCP as Extraordinary Response Costs pursuant to and
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 52
subject to the terms of Paragraph 82 In the event of a
disagreement between the City and EPA andor the Maine DEP under
this Paragraph the parties shall resolve such dispute in
accordance with the Dispute Resolution provisions in Section
XXIX
XXII ADDITIONAL RESPONSE ACTIONS
70 EPA after reasonable opportunity for review and
comment by the Maine DEP may determine that additional response
actions are necessary to carry out the Removal Action or to meet
the performance standards specified in the Action Memorandum and
the SOW Within 30 days of the Citys receipt of notice from EPA
that additional response actions are necessary (or such longer
time as may be specified by EPA) the City shall submit for EPA
approval after reasonable opportunity for review and comment by
the Maine DEP a work plan for the additional response actions
The plan shall conform to this Order the SOW CERCLA the NCP
and guidance documents identified by EPA Upon EPA approval of
the work plan pursuant to Section XIV (Deliverables Submitted to
EPA) the City shall implement the work plan for additional
response actions in accordance with the schedule contained
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 53
therein All applicable provisions of this Order shall apply to
the performance of additional response actions
71 The City may independently propose that additional
response actions are necessary to carry out the Removal Action or
to meet the performance standards specified in the Action
Memorandum and the SOW In the event EPA after reasonable
opportunity for review and comment by the Maine DEP accepts the
Citys proposal the procedures in the preceding Paragraph shall
govern
72 The City may invoke the procedures set forth in Section
XXIX (Dispute Resolution) to dispute EPAs determination that
additional response actions are necessary to carry out the
Removal Action or to meet the performance standards specified in
the SOW
XXIII OFF-SITE POLICY
73 All hazardous substances pollutants or contaminants
removed off-site pursuant to this Order for treatment storage
or disposal shall be treated stored or disposed of at a
facility in compliance with Section 121(d)(3) of CERCLA as
determined by EPA in accordance with 40 CFR sect 300440 The
removal treatment storage and disposal of all hazardous
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 54
substances pollutants or contaminants she- be in accordancj
with the Maine hazardous waste transportation law to the extent
applicable and all other applicable Maine law
74 The City shall prior to any off-site shipment of
hazardous substances pollutants or contaminants from the Site
pursuant to this Order to an out-of-state waste management
facility provide written notification of such shipment to the
appropriate state environmental official in the receiving
facilitys state and to the EPA RPM and the Maine DEP 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 or where the Maine Hazardous Waste
Management Regulations do not require notification
75 The City shall include in the written notification the
following information (1) the name and location of the facility
to which the hazardous substances pollutants or contaminants
are to be shipped (2) the type and quantity of the hazardous
substances pollutants or contaminants to be shipped (3) the
expected schedule for the shipment and (4) the method of
transportation The City shall notify the state in which the
planned receiving facility is locat d of major changes in the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 55
shipment plan such as a decision to ship the hazardous
substances pollutants or contaminants to another facility within
the same state or to a facility in another state
XXIV OTHER APPLICABLE LAWS
76 Except as otherwise provided pursuant to the next
Paragraph and Section 121(e) of CERCLA all activities undertaken
by the City pursuant to this Order shall be performed in
accordance with the requirements of all applicable federal and
state laws and regulations
77 Solely with regard to on-site activities and in
accordance with 40 CFR sect 300415(i) such activities
undertaken on the Site by the City pursuant to this Order shall
attain applicable or relevant and appropriate requirements
(ARARs) under federal and state environmental laws to the
extent practicable considering the exigencies of the situation
as determined by EPA EPA has determined that the ARARs
specified in the Action Memorandum are practicable to attain for
construction of the landfill cap and sediment removal
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 56
XXV COMMUNITY RELATIONS
78 EPA shall be responsible for preparing a Community
Relations Plan and conducting a community relations program The
City and the Consultant engaged to conduct the Removal Action
under this Order shall consistent with the Community Relations
Plan (i) attend and participate in public meetings regarding
the Site to the extent specified by the RPM (ii) prepare fact
sheets concerning the Site and activities conducted under this
Order for submission to the RPM and (iii) provide timely and
appropriate responses to inquiries from the public at the request
of the RPM
XXVI FINANCIAL ASSURANCE INSURANCE
79 Within thirty (30) days after the effective date of
this Order and annually thereafter until EPA approval of the
Final Completion of Removal Action Report the City shall
demonstrate in writing to EPA that it meets one (1) of the
financial assurance mechanisms specified in 40 CFR sect 264143
for the estimated $60 million cost of work to be performed by
the City under this Order If the City can show that the
estimated cost to complete the remaining Work has diminished
below the total estimated cost of the Work the City may on any
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 57
anniversary date of the effective date of this Order or at any
other time agreed to by the Parties reduce the amount of the
financial assurance provided under this Section to the estimated
cost of the remaining Work to be performed The City shall
submit a proposal for such reduction to EPA and the Maine DEP in
accordance with the requirements of this Section and may reduce
the amount of the assurance upon approval by EPA after reasonable
opportunity for review and comment by the Maine DEP In the
event of a dispute the City may reduce the amount of the
assurance in accordance with the final administrative decision
resolving the dispute under the Dispute Resolution Section
80 At least seven (7) days prior to commencing any on-site
work under this Order the City shall secure through itself or
its consultant and shall maintain for the duration of this
Order comprehensive general liability and automobile insurance
with limits of two (2) million dollars combined single limit
The United States and the Maine DEP shall each be named as an
additional insured for all such insurance policies except
automobile insurance policies Within the same time period the
City shall provide EPA and the Maine DEP with certificates of
such insurance and a copy of each insurance policy If the City
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 58
demonstrates to EPA that any Consultant contractor or
subcontractor maintains insurance equivalent to that described
above or insurance covering the same risks but in a lesser amount
and with EPA and the Maine DEP named as insureds then the City
need provide only that portion of the insurance described above
which is not maintained by the Consultant contractor or
subcontractor
81 For the duration of this Order the City shall satisfy
or shall ensure that its Consultant contractors and
subcontractors satisfy all applicable laws and regulations
regarding workers compensation insurance for all persons
performing the Work on behalf of the City in furtherance of this
Order
XXVII REIMBURSEMENT OF EPA EXTRAORDINARY RESPONSE COSTS
82 The City shall reimburse the Hazardous Substances
Superfund for all Extraordinary Response Costs not inconsistent
with the NCP including interest incurred after the effective
date of this Order by the United States in connection with the
Removal Action or the implementation of this Order pursuant to
Paragraphs 52d 65 69 102 and 104 including without
limitation Extraordinary Response Costs incurred by EPA under or
Administrative Order By Connent for Removal Action Saco Municipal Landfill Superfund Site Page 59
in connection with a contract or arrangement between EPA and a
qualified person to assist EPA in conducting activities required
under this Order pursuant to Paragraphs 52d 65 69 102 and
104 Reimbursable Extraordinary Response Costs shall include all
direct costs related to Paragraphs 52d 65 69 102 and 104 and
all indirect costs related to Paragraphs 52d 65 69 102 and
104 calculated in accordance with EPA policy or EPA regulations
in effect at the time that the costs are incurred including
without limitation time and travel costs of EPA personnel
contractor costs costs under a cooperative agreement costs
related to resolving disputes which arise under this Order
related to Work performed by EPA pursuant to Paragraphs 52d 65
69 102 and 104 enforcing obligations arising from EPAs
performance of Work pursuant to Paragraphs 52d 65 69 102 and
104 of this Order the costs of doing andor redoing any of the
Citys obligations under this Order with respect to Paragraphs
52d 65 69 and 102 of this Order EPA contractor and
cooperative agreement costs related to access and community
relations with respect to Paragraphs 52d 65 69 102 and 104
of this Order and any interest that accrues from the date on
which payment becomes due pursuant to the next Paragraph
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 60
83 On an annual basis EPA will submit to the City an
accounting of costs related to this Order that EPA has incurred
and a bill for Extraordinary Response Costs incurred by EPA with
respect to Paragraphs 52d 65 69 102 and 104 of this Order if
EPA has incurred any such costs This bill will consist of a
line-item summary of costs incurred during the preceding year
the summary will include a breakdown of costs by category
including without limitation payroll travel indirect costs and
contracts and a brief narrative of work related to such costs
(generally one to two paragraphs in length) The City shall
within thirty (30) days after receipt of each such bill remit a
certified check payable to the Hazardous Substances Superfund for
the amount of such bill The City shall include the name of the
Site the Site identification number (01-B9) and the docket
number for this Order on the check and mail the check with a
cover letter to
US Environmental Protection Agency Region I
Attn Superfund Accounting PO Box 360197 M
Pittsburgh PA 15251
A copy of the transmittal letter and the check shall be provided
simultaneously to the EPA Remedial Project Manager
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 61
84 If the City disputes a bill or any portion of a bio1
submitted by EPA the City may initiate dispute resolution
pursuant to the procedures of Section XXIX provided however
that the City notify EPA in writing within thirty (30) days after
receipt of the disputed bill and that the City pay all undisputed
portions of the bill in accordance with the provisions of this
Reimbursement Section Unless a determination is made under
dispute resolution that the City is not obligated to pay the
disputed portion of the bill the time for payment of the
disputed portion shall remain the original payment due date
interest shall accrue on any unpaid portion of the bill from the
original payment due date and EPA may seek stipulated penalties
or otherwise act to enforce the Citys compliance with this
Section and the Order If the City fails to raise a dispute
within thirty (30) days of its receipt of the bill the City
remains obligated for payment of the entire amount of the bill on
the original payment due date interest shall accrue on any
unpaid portion of the bill from the original payment due date
and EPA may seek stipulated penalties or otherwise act to enforce
the Citys compliance with this Section and the Order
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 62
XXVIII FORCE MAJEPRE
85 With respect to the Citys compliance with any deadline
for performance of activities under this Order any interim or
final time deadline or any Deliverables schedule set forth in
this Order or SOW no stipulated penalties or other sanctions
will be imposed for delay directly caused by the following events
which could not have been overcome by the Citys due diligence
(i) an act of God or (ii) the public review and comment process
as described in or required by Sections XXII (Additional Response
Actions) or Section XXV (Community Relations) of this Order so
long as the City timely submits all deliverables and meets other
requirements related to those Sections or (iii) any other event
arising from causes beyond the control of the ity including its
consultants contractors and agents However increases in the
cost of performance of the Removal Action shall not excuse
compliance or affect the applicability of the penalty provisions
or other sanctions which are provided for under this Order
Deadlines for performance of activities under this Order
including interim or final time deadlines and Deliverables
schedules set forth in this Order or SOW may be extended only to
the extent that delays caused by conditions specified in (i)
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 63
(ii) and (iii) above materially interfered with or prevented the
Citys execution of its responsibilities during the period of
such delay and no penalties or sanctions will become due for
activities which meet any deadline so extended The City further
agrees to use its most diligent efforts to minimize any delay
which may result The City acknowledges that it will have the
burden of justifying the rationale for delay in performance under
this Section
86 The City shall orally notify the EPA RPM and the Maine
DEP within forty-eight (48) hours of when the City first knew
that the event might cause a delay and shall identify with
specificity the cause of such delay and the estimated duration of
such delay Within seven (7) days after the City first becomes
aware that such event might cause a delay the City shall supply
to EPA and the Maine DEP in writing an explanation of the
cause(s) of any actual or expected delay or noncompliance the
anticipated duration of any delay the measures taken and to be
taken by the City to prevent or minimize the delay or correct the
noncompliance and the timetable for implementation of such
measures Failure to notify EPA and the Maine DEP shall result
in a waiver of the Citys right to assert that the delay should
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 64
be excused under the terms of this Section for the period of time
of such failure to notify and for any additional delay caused by
such failure The City shall be deemed to know of any
circumstance of which the City any entity controlled by the
City or the Citys contractors or subcontractors knew or should
have known In the event of a disagreement under this Section
the parties shall resolve such disagreement in accordance with
the Dispute Resolution Section of this Order Section XXIX
87 If EPA after reasonable opportunity for review and
comment by the Maine DEP determines that a delay in performance
of a requirement under this Order is or was attributable to an
event specified in (i) through (iii) of Paragraph 85 above the
time period for performance of that requirement shall be extended
by EPA to the extent necessary Such an extension shall not
alter the Citys obligation to perform or complete other tasks
required by the Order which are not directly affected by the
force majeure event If EPA after a reasonable opportunity for
review and comment by the Maine DEP does not agree that the
delay or anticipated delay has been or will be caused by such
an event EPA will notify the City in writing of its decision
If EPA after a reasonable opportunity for review and comments by
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 65
the Maine DEP agrees that the delay is attributable to such an
event EPA will notify the City in writing of the length of the
extension if any for performance of the obligations affected by
the event
XXIX DISPUTE RESOLUTION
88 If the City objects to any EPA notice of disapproval or
decision made pursuant to this Order including any decision
which has resulted in the assessn it of stipulated penalties any
scheduling matter or in the event of circumstances that arise
that are subject to the Citys right to invoke Dispute Resolution
elsewhere in this Order or in the Cost Recovery Administrative
Agreement the City shall notify EPA and the Maine DEP in writing
of its objections within five (5) days of receipt of the notice
decision or other circumstance EPA in consultation with the
Maine DEP and the City shall communicate on the disputed matter
and shall have fourteen (14) days from the receipt by EPA and the
Maine DEP of the notification of objection to reach agreement
If agreement cannot be reached on any issue within this fourteen
(14) day period the City shall have five (5) additional days to
submit its position in writing to the EPA Director of OSRR The
Director of OSRR after reasonable opportunity for review and
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 66
comment by the Maine DEP shall provide a written determination
to the City within five (5) days of receipt of that
determination unless EPA agrees to a later time the City shall
initiate implementation of the activities required by the EPA in
accordance with the schedule provided by EPA which schedule
shall be subject to Dispute Resolution unless it has already
been or could have been subject to Dispute Resolution Except
as specifically provided herein dispute resolution among the
parties shall not be cause for the delay of the Work In
addition stipulated penalties as set out below if applicable
will continue to accrue during the dispute resolution period
except as provided in Paragraphs 94 and 95 No EPA decision made
pursuant to this Paragraph shall constitute a final Agency action
giving rise to judicial review
89 In the event that the City does not implement the
activities required by the EPA determination pursuant to
Paragraph 88 EPA or the Maine DEP may take such enforcement
actions against the City as may be provided by statutory or
equitable authorities including but not limited to the
assessment of such civil penalties or damages as are authorized
by Sections 122 and 109 of CERCLA and Maine law
Administrative Order By Conaent for Removal Action Saco Municipal Landfill Superpoundund Site Page 67
XXX STIPULATED
90 The Respondents shall be liable to EPA and MEDEP for
stipulated penalties in the amounts set forth in this Section for
failure to comply with the requirements of this Order andor the
SOW unless compliance is excused by EPA under Section XXVIII
(Force Majeure) Compliance by the City shall include but not
be limited to the timely and adequate submission of Deliverables
and performance of activities under this Order in accordance with
all applicable requirements of law this Order the SOW and any
Deliverables which have received EPA Approval or the Performing
Respondents Certification pursuant to this Order Compliance
by the Non- Per forming Respondents shall mean timely compliance
with Paragraph 96 of this Order
91 The following stipulated penalties shall be payable per
violation per day to EPA and MEDEP jointly in accordance with
Paragraph 94 for any noncompliance except those identified in
Paragraphs 92 or 93
Penalty Pet Violation Period of Noncompliance Per Day _
$ 750 1st through 14th day $ 1500 15th through 30th day $ 3000 31st day and beyond
Administrative Order By Concent for Removal Action Saco Municipal Landfill Superfund Site Page 66
92 The following stipulated penalties shall be payable per
violation per day to EPA and the MEDEP jointly in accordance with
Paragraph 94 for the submission or resubmission of an untimely or
substantially defective 100 NTCRA Design or an untimely or
substantially defective Final Completion of Removal Action Report
pursuant to the SOW
Penalty Per Violation Period of Toncompliance Per Day
$ 1500 1st through 14th days $ 3000 15th day through 30th day $ 5000 31st day and beyond
93 In the event that the City fails to submit timely or
adequate progress reports or meeting letter reports pursuant to
the SOW the City shall be liable to EPA and MEDEP jointly in
accordance with Paragraph 94 for stipulated penalties of $500
(five hundred dollars) per violation per day
94 Penalties shall begin to accrue on the day after
performance 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 except that
stipulated penalties shall not accrue (1) with respect to any
Disapproval with Modification Required or Disapproval with EPA
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 69
Modification under Section XIV of this Order during the period
if any beginning on the 31st day after EPAs receipt of such
submission until the date that EPA notifies the City of any
deficiency (2) with respect to a decision by the Director of the
Office of Site Remediation and Restoration under Section XXIX of
this Order during the period if any beginning on the 21st day
after the date the Citys reply to EPAs Statement of Position is
due until the date the Director issues a final decision regarding
such dispute and (3) beyond thirty days after the Director of
the Office of Site Remediation and Restoration issues a final
decision regarding a dispute about a Deliverable Disapproved with
EPA Modification pursuant to Paragraph 52d Any penalty
otherwise accruing under Paragraphs 91 92 or 93 shall be due and
payable within thirty (30) days of the receipt of a written
demand by EPA or the Maine DEP except as provided in aragraph
95 In assessing stipulated penalties for delay caused by a
negative referendum vote on future funding necessary for timely
compliance with this Order EPA and Maine DEP shall weigh all
considerations including the length of the delay caused by the
vote and efforts by City officials to inform the voters about
the need for funding- provided however that a negative
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 70
referendum vote on funding necessary for timely compliance with
this Order shall not affect the Citys obligations to comply with
this Order or any schedule contained herein Stipulated
penalties shall be divided between EPA and the Maine DEP in the
following manner 75 for EPA and 25 for the Maine DEP
Payment of EPAs portion of such penalty shall be made by
certified check payable to the Hazardous Substances Superfund
and mailed to the following address with a notation of the docket
number of this Order
Region I US Environmental Protection Agency
Attn Superfund Accounting PO Box 360197 M
Pittsburgh PA 15251
A copy of the certified check to EPA shall be sent to the
Remedial Project Manager within five (5) days of payment
Payment of the Maine DEPs portion of such penalty shall be made
by certified check payable to the Maine Uncontrolled Sites Fund
and mailed to the following address
Director Division of Sites Investigation amp Remediation Maine DEP
State House Station 17 Augusta ME 04333
Administrative Order By Concent for Removal Action Saco Municipal Landfill Superfund Site Page 71
A copy of the certified check to the Maine DEP shall be sent to
the Maine DEP Project Manager within five (5) days of payment
The stipulated penalties set forth in this Section do not
preclude EPA or the Maine DEP from electing to pursue any other
remedies or sanctions which may be available to EPA or the Maine
DEP by reason of the Respondents failure or refusal to comply
with any requirement of this Order Such remedies and sanctions
include without limitation injunctive relief the assessment of
such civil penalties or damages as are authorized by Sections 122
and 109 of CERCLA or state law or the performance of a
federally-funded response action or state-funded response action
and a corresponding suit for reimbursement of costs incurred by
the United States or the State of Maine Notwithstanding any
other provision of this Section EPA may in its unreviewable
discretion waive any portion of stipulated penalties that have
accrued pursuant to this Order
95 If the City invokes dispute resolution regarding any
decision which has resulted in the assessment of stipulated
penalties stipulated penalties shall continue to accrue during
the dispute resolution process except as otherwise provided in
this Order Within thirty (30) days after receipt of the EPA
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 72
determination rendered pursuant to Paragraph 88 in which EPA
prevails in whole or in part the City shall pay pursuant to
Paragraph 94 the stipulated penalties arising from those matters
on which the City does not prevail At that time the City shall
also pay interest on any stipulated penalties which had accrued
up to the day the City invoked Dispute Resolution If the City
prevails on the disputed matter then no stipulated penalties are
due
XXXI PAYMENT BY NON-PERFORMING PARTIES
96 By May 30 1997 each Non-Performing Respondent shall
pay its individual share of the total sum of $97050000 into a
qualifying settlement fund for the City to use to undertake
response activities related to the Site Payment shall be made
by certified check payable to KeyBank National Assoc (Attn
Leon J Bien) Escrow Agent and mailed with a transmittal letter
to the following address
KeyBank National Association Escrow Agent One Canal Plaza Portland Maine 04101
Attn Mr Leon J Bien
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 73
Non-Performing Respondents shall provide notice of such payment
to EPA by mailing a copy of the transmittal letter and check to
the EPA RPM at the address set forth in Section XI of this Order
XXXII CIVIL PENALTIES FOR NONCOMPLIANCEENFORCEMENT
97 The City is advised that violations of this Order or
any portion thereof may subject it to civil penalties of up to
$25000 per violation and $25000 for each day in which such
violation continues as provided in Sections 106(b)(1) 109 and
122 of CERCLA 42 USC sectsect 9606(b)(l) 9609 and 9622 The City
may also be subject to damages in an amount up to three times the
amount of any cost incurred by the United States as provided in
Section 107(c)(3) of CERCLA 42 USC sect 9607(c)(3) Violations
of this Order also may subject the City to civil penalties
injunctive actions and cost reimbursement under Maine law
including without limitation 38 MRSA Sections 347-A 348
349 1365 1366 and 1367 (1989 and Supp 1997)
XXXIII COVENANT NOT TO SUE DENIAL OF LIABILITY
98A In consideration of the actions that will be
performed and the payments that will be made by the Respondents
under the terms of this Order and except as specifically
provided in Section XXXV of this Order EPA covenants not to sue
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 74
or to take administrative action against the Respondents pursuant
to Sections 106 and 107(a) of CERCLA or Section 7003 of RCRA for
the Work this Order including performance of the Removal
Action and for recovery of all Extraordinary Response Costs
associated with this Order incurred by EPA and paid by the City
With respect to the City these covenants not to sue shall i)
take effect for Work completed prior to EPAs approval of the
Completion of Removal Action Report upon notification by EPA that
the City has completed all construction activities required under
this Order and the City has submitted and EPA has approved the
Completion of Removal Action Report and ii) take effect for Work
completed after EPAs approval of the Completion of Removal
Action Report upon notification by EPA that the City has
completed all actions required under this Order (including all
Post-Removal Site Control and reimbursement of Extraordinary
Response Costs) These covenants not to sue shall take effect
with respect to the Non-Performing Respondents upon notification
by the Non-Performing Respondents that they have complied with
Paragraph 96 of this Order These covenants not to sue are
conditioned upon the satisfactory performance by the Respondents
of their respective obligations under this Order These
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 75
covenants not to sue extend only to the Respondents and do not
extend to any other person Under this Order Respondents are
not released from liability if any for any actions taken beyond
the terms of this Order regarding other removal actions remedial
investigationfeasibility studies related to any other operable
unit remedial designremedial action related to any other
operable unit operation and maintenance of any other remedial
action or activities arising pursuant to Section 121(c) of
CERCLA 42 USC sect 9621(c)
B In consideration of the actions that will be performed
and the payments that will be made by the Respondents under the
terms of this Order and except as specifically provided in
Section XXXV of this Order the State of Maine covenants not to
sue or to take administrative action against the Respondents
pursuant to Section 107(a) Of CERCLA 38 MRSA Sections 1304
and 1365 (1989 and Supp 1997) and other applicable state law
including common law for the Work this Order including
performance of the Removal Action the RIFS Order and the
activities thereunder and for recovery of all response costs
associated with this Order fully addressed by an EPA cooperative
agreement and any grants or payments made by the State to the
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Superfund Site Page 76
City to reimburse the City for landfill capping costs and
including all activities required to be performed and costs
related thereto under Prior MEDEP Orders and Consent Decrees to
the extent that they are inconsistent with this Order and any
such Prior MEDEP Orders and Consent Decrees are hereby superseded
to the extent that they are inconsistent with this Order With
respect to the City these covenants not to sue shall i) take
effect for Work completed prior to EPAs approval of the
Completion of Removal Action Report upon notification by EPA that
the City has completed all construction activities required under
this Order and the City has submitted and EPA has approved the
Completion of Removal Action Report and ii) take effect for Work
completed after EPAs approval of the Completion of Removal
Action Report upon notification by EPA that the City has
completed all actions required under this Order (including all
Post-Removal Site Control and reimbursement of Extraordinary
Response Costs) These covenants not to sue shall take effect
with respect to the Non-Performing Respondents upon notification
by the Non-Performing Respondents that they have complied with
Paragraph 96 of this Order These covenants not to sue are
conditioned upon the satisfactory performance by the Respondents
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Superfund Site Page 77
of their respective obligations under this Order These
covenants not to sue extend only to the Respondents and do not
extend to any other person Under this Order Respondents are
not released from liability if any for any actions taken beyond
the terms of this Order regarding other removal actions remedial
investigationfeasibility studies related to any other operable
unit remedial designremedial action related to any other
operable unit or operation and maintenance of any other remedial
action
99 The execution of this Order and Respondents
participation herein is not an admission by the Respondents of
liability with respect to any issue dealt with in this Order nor
is it an admission by the Respondents of any Finding of Fact
Conclusion of Law or Determination contained in this Order
Furthermore the participation of Respondents in this Order shall
not be considered an admission of liability and is not admissible
in evidence against the Respondents in any judicial or
administrative proceeding other than (a) a proceeding by the
United States including EPA or the State of Maine including
the Maine DEP to enforce this Order or a judgment relating to
it or (b) a proceeding to enforce any agreement between the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 78
Performing Respondent and Non-Performing Respondents regarding
the Site or to enforce a judgment related to such agreement
XXXIV CONTRIBUTION PROTECTION
100 With regard to claims for contribution against the
Respondents the Parties hereto agree that the Respondents are
entitled to such protection from contribution actions or claims
as is provided by Section 113(f)(2) of CERCLA 42 USC
sect 9613 (f) (2) and 38 MRSA sect 348(4) for all matters
addressed by this Order The matters addressed are Past
Response Costs RIFS Response Costs Response Costs Oversight
Costs Extraordinary Response Costs all costs incurred by the
State of Maine related to Prior MEDEP Orders and Consent Decrees
for which reimbursement may be sought payments pursuant to
Paragraph 96 and Work The Parties agree that the Respondents
are entitled to such protection upon the effective date of this
Order Nothing in this Order precludes the United States the
Maine DEP or Respondents from asserting any claims causes of
action or demands against any persons not parties to this Order
for indemnification contribution or cost recovery
XXXV EPAS AND THE STATES RESERVATION OF RIGHTS
101 A The covenants not to sue set forth in Section
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 79
XXXIII do not pertain to any matters other r n these expressly
specified in that Section EPA reserves and this Order is
without prejudice to all rights against each Respondent with
respect to all other matters including but not limited to the
following
a claims based on a failure by any Respondent to meet any
requirement specified for that Respondent under this Ordershy
b liability arising from the past present or future
disposal release or threat of release of hazardous
substances pollutants or contaminants outside of the Site
c liability arising from future disposal at the Site other
than as provided in the Action Memorandum or this Order or
otherwise ordered by EPA
d liability for damages for injury to destruction of or
loss of natural resourcesshy
e liability for response costs that have been or may be
incurred by the National Oceanic and Atmospheric
Administration and the Department of the Interiorshy
f criminal liability
g liability for violations of federal or state law which
occur during or after implementation of the Removal Actionshy
Administrative Order By Conaent for Removal Action Saco Municipal Landfill Superfund Site Page 80
h liability for response costs incurred at the Site which
are not addressed by Section XXVII of this Order
(Reimbursement of EPA Extraordinary Response Costs) or by
the Cost Recovery Administrative Agreement (Docket No
CERCLA 1-97-1010) and
i liability for response actions at the Site that are not
required to be performed by the City pursuant to this Order
B The covenants not to sue set forth in Section XXXIII do not
pertain to any matters other than those expressly specified in
that Section The State of Maine reserves and this Order is
without prejudice to all rights against the Respondents with
respect to all other matters including but not limited to the
following
a claims based on a failure by any Respondent to meet any
requirement specified for that Respondent under this Order
b liability arising from the past present or future
disposal release or threat of release of hazardous
substances pollutants or contaminants outside of the Siteshy
c liability for damages for injury to destruction of or
loss of natural resources
d criminal liabilityshy
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 81
e liability for violations of federal or state law wh^ch
occur during or after implementation of the Removal Action
g liability for Oversight Costs incurred by the State at
the Site to the extent that they are not fully addressed by
future cooperative agreements between EPA and MEDEP and
h liability for response actions at the Site that are not
required to be performed by the City pursuant to this Order
102 EPA retains the right to undertake any obligations of
the City under this Order provided that EPA has determined that
one of the following conditions has been met the City has ceased
implementation of any portion of the Work is seriously or
repeatedly deficient or late in their performance of the Work
has failed to comply with this Order or is implementing the Work
in a manner which may cause an endangerment to human health or
the environment If EPA undertakes any obligations under this
Order pursuant to this Paragraph including implementation of
institutional controls the City must reimburse EPA for all costs
incurred as a result of the takeover that are consistent with the
NCP as Extraordinary Response Costs The City may invoke the
procedures set forth in Section XXIX (Dispute Resolution) to
dispute EPAs determination that takeover of the obligations of
Administrative Order By Consent for Removal Action Slaquoco Municipal Landfill Superfund Site Page 82
the City under this Order is warranted or that the costs incurred
were consistent with the NCP
103 Notwithstanding any other provision of this Order
except as set forth in Section XXXIII (Covenant not to Sue) EPA
and the State of Maine shall retain all of their response
information gathering entry inspection and enforcement
authorities and rights under CERCLA and under any other
applicable law regulation or permit
104 The City shall reimburse EPA for costs incurred by the
United States to enforce this Order or the Cost Recovery
Administrative Agreement as Extraordinary Response Costs in
accordance with the reimbursement procedures provided by Section
XXVII (Reimbursement of Extraordinary Response Costs)
XXXVI RESPONDENTS COVENANT NOT TO SUE
105 Covenant Not to Sue Subject to the reservations in
Paragraphs 106 and 107 Respondents hereby covenant not to sue
and agree not to assert any claims or causes of action against
the United States or the State including any department agency
or instrumentality of the United States or State with respect to
this Order including but not limited to
a any direct or indirect claim for reimbursement from
Administrative Order By Conaent for Removal Action Saco Municipal Landfill Superfund Site Page 83
the Hazardous Substance Superfund (established pursuant to the
Internal Revenue Code 26 USC sect 9507) through CERCLA Sections
106(b)(2) 107 111 112 113 or any other provision of law
b any claims under CERCLA Sections 107 or 113 related
to this Order
c any claims for payment under sections 106(b) 111
and 112 of CERCLA the Constitution of the United States the
Tucker Act 28 USC sect 1491 or at common law against the State
EPA or the Hazardous Substance Superfund arising out of any
action performed under this Order any related access matters
and related institutional controls or
d any claims arising out of response activities in
connection with this Order including claims based on EPAs and
the States selection of response actions oversight of response
activities or approval of plans for such activities
XXXVII RESPONDENTS RESERVATION OF RIGHTS
106 The Respondents reserve and this Order 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 wrongful act or
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 84
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 USC sect 2671 nor
shall any such claim include a claim based on EPAs selection of
response actions or the oversight or approval of the
Respondents plans or activities The foregoing applies only to
claims which are brought pursuant to any stat- -e other than
CERCLA and for which the waiver of sovereign immunity is found in
a statute other than CERCLA
107 Except as set forth in this Order the Respondents
expressly reserve all rights and defenses that each or any of
them may have in law or in equity for any claims or causes of
action it may have against any party including the United States
and the State and their respective agencies departments and
instrumentalities Any claims not expressly waived by the
Respondents shall be deemed reserved Notwithstanding any
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 85
obligations in this Order requiring the Respondents to make any
records documents or any other materials available to EPA
nothing herein shall be construed to be a waiver of any rights
Respondents may have to assert the attorney-client privilege or
the attorney work product doctrine as to those materials except
where such materials contain information specified in section
104(e)(6)(F) of CERCLA 42 USC sect 9604(e)(6)(F)
XXXVIII OTHER CLAIMS
108 Except as expressly provided in Section XXXIII
(Covenant Not to Sue) nothing in this Order constitutes a
satisfaction of or a release from any claim or cause of action
against the Respondents or any person not a party to this Order
for any liability such person may have under CERCLA other
statutes or the common law including but not limited to any
claims of the EPA for costs damages and interest under sections
106(a) and 107(a) of CERCLA This Order does not constitute a
preauthorization of funds under section 111(a)(2) of CERCLA No
action or decision by EPA pursuant to this Order shall give rise
to any right to judicial review except as set forth in section
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 86
113(h) of CERCLA
XXXIX INDEMNIFICATION
109 The United States and the State do not assume any
liability by entering into this Order or without limitation by
virtue of any designation of the City as EPAs authorized
representative under section 104(e) of CERCLA 42 USC
sect 9604(e) The City agrees to indemnify and save and hold
harmless the United States Government the State of Maine and
their agencies departments agents officers employees and
representatives from any and all claims or causes of action
arising from or on account of negligent acts or omissions of the
City its officers employees agents servants receivers
successors trustees assignees or contractors in carrying out
the activities pursuant to this Order including but not limited
to any claims arising from any designation of the City as EPAs
authorized representative under section 104 (e) of CERCLA 42
USC sect 9604(e) Neither the United States nor the State shall
be held out as a party to or in any other way be held liable
under any contract entered into by the City or by the Consultant
or any contractor in carrying out the activities pursuant to this
Order Neither the City nor any such Consultant or contractor
Administrative Ordr By Consent for Removal Action Saco Municipal Landfill Suprfund Sit Fag 87
shall be considered an agent of the United States or the State
Notwithstanding any of the above this agreement to indemnify and
hold harmless does not include claims or causes of action arising
from or on account of acts or omissions of the United States and
its agencies departments agents officers employees and
representatives
XXXX WAIVER OF SETTLEMENT CONFERENCE
110 In consideration of the communications among the
Respondents and EPA regarding the terms of this Order prior to
its issuance the Respondents hereby agree that there is no need
for a settlement conference prior to the effective date of this
Order
XXXXI MODIFICATION OF ORDER
111 This Order with the exception of the Statement of Work
(Appendix B) or attachments or Deliverables thereunder may only
be modified upon the written agreement of EPA by signature of the
Director of the Office of Site Remediation and Restoration the
Maine DEPs Director of the Bureau of Remediation and Waste
Management and an authorized officer of each of the Respondents
The Statement of Work any attachments thereto or any accepted
Deliverables may be modified upon signature of the EPA Geographic
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 88
Section Chie subject to the Citys right to invoke Dispute
Resolution
XXXXII SEPARATE DOCUMENTS
112 This Order may be executed in two or more counterparts
each of which shall be deemed an original but all of which
together shall constitute one and the same instrument
XXXXIII EFFECTIVE DATE
113 This Order shall be effective five (5) days after the
City receives notice that the Director of the Office of Site
Remediation and Restoration has signed the Order All times for
performance of activities under this Order shall be
calculated from the effective date
XXXXIV TERMINATION
114 Prior to but no later than 180 days after the
effective date of this Order the City or EPA may terminate this
Order if the Cost Recovery Administrative Agreement is not
effective within ninety (90) days of the effective date of this
Order Notwithstanding this Paragraph the City shall complete
at least ninety-five percent (95) of the final design of the
Removal Action
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 89
IT IS SO AGREED AND ORDERED BY
Al bull Linda M Murphy D i r c to r Dat Office of Site Remediation and Restoration EPA Region I
Administrative Order By Consent for Removal Action Saco Municipal landfill Superfund Site Page 90
The undersigned representatives of the Respondents certify that they are fully authorized to enter into the terms and conditions of this Order and bind the parties they represent to this document
ROBUS LEATHER CORPORATION FKA GEORGE NEWMAN amp COMPANY SUCCESSOR BY LAW TO BIDDEFORD INDUSTRIES INC
By Thomas Robinson President and Ghiof FinancialmdashOffaooy f Robus Leather Corporation 1100 W Hutchinson Lane Madison IN 47250 Tel (812) 273-4183
TO 833388888888881 P0309 MPY 27 97 16=01 FR HflLE RND DORR LuF DC
Administrative Ordar By Consent for Removal Saco Municipal Landfill Suparfund Site Pag 91
CL HAUTHAWAY amp SONS CORPORATION
By Leppoldo ampJohnson Date CL Hautna ay amp Sons Corp 638 Summer Street Lynn MA 01905-2092
fa
Administrative Order By Consent for Removal Action Saoo Municipal Landfill Superfund Site Page 92
GABRIEL ELECTRONICS INC
By
Frank E Gemme Date President Gabriel Electronics Incorporated Libby Road PO Box 70 Scarborough ME 04070 Tel (207) 883-5161
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 93
LITTON INDUSTRIES INC
By Camp^tf-Jtae^^c^S
Carol WiesnerVice President and Controller Litton Industries Inc 21240 Burbank Boulevard Woodland Hills California 91367 Tel (818) 598-5246
May 27 1997
Date
Adni-tniBtrativc Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 94
LYN-FLEX INDUSTRIES AN UNINCORPORATED DIVISION OF DER-TEX CORPORATION
By gt 1997
Jerome Linder Date President Der-Tex Corporation 360 Merritnack Street Lawrence Massachusetts 01843 Tel (508) 686-0154
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 95
MILLIPORE CORPORATION
By At Jef frpoundy Ttyidin EsqVice President and General Counsel Millipore Corporation 80 Ashby Road Bedford MA 01730 Tel (617) 533-2044
May 21 1997 Date
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 96
NIKE INC
Coburn Date eheral Counsel Nike Inc 1 Bowerman Drive Beavertotm OR 97005-6453 Tel 503shy
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 97
ZENECA INC
61097
Glenn M Engelmann Date Vice President General Counsel and Secretary Zeneca Inc Successor to Polyvinyl Chemicals Inc
Addrespoundeneca Inc Successor to Polyvinyl Chemicals Inc
1800 Concord Pike PO Box 15438
Wilmlngotn PR
Tel(302) 886-3244
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 98
SACO DEFENSE INC
By j i e s R V i e g Date Vice Chairman Saco Defense Inc 291 North Street Saco Maine 04072 Tel (270) 283-3611
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 99
CHAMPION INTERNATIONAL CORPORATION
pound By x^gt^^w^ (- (^W^ lt May 27 1997
Stephen B Brown Date ampAVice President and General Counsel
Champion International Corporation One Champion Plaza Stamford Connecticut 06921 Tel (203) 358-6476
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 100
BEMIS COMPANY INC
By -^^lt^^^ 52297 Richard Pry^r Date Corporate Risk Manager Bemis Company Inc 222 South 9th Street Suite 2300 Minneapolis Minnesota 55402-4099 Tel (612) 376-3085
Administrative Order By Consent for Removal Action Saco Municipal Landfill Suporfund Site Page 101
CITY OF SACO MAINE
A Larry Mtcl(ell Dgfte City Administrator City of Saco 300 Main Street Saco Maine 04072 Tel (207) 282-4191
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 102
STATE OF MAINE
By
Mark Hyland Director Date Division of Site Remediation Maine DEP State House Station 17 August Maine 04333 Tel (207) 287-7673
By Dennis Harnish Esq Date Assistant Attorney General Department of Attorney General State House Station 6 Augusta Maine 04333 Tel (207) 626-8800
APPENDIX B
Non-Time Critical Removal Action Statement of Work
Saco Municipal Landfill Superfund Site
I INTRODUCTION AND PURPOSE
This non-time-critical removal action (NTCRA) Statement of Work (SOW) defines the response activities and deliverables that the Performing Respondent shall performsubmit in order to implement the Work required under the Administrative Order on Consent for Removal Action (EPA Region I Docket No 1-97-1009) (the Order) at the Saco Municipal Landfill Site in Saco Maine (the Site) The activities described in this SOW are based upon the United States Environmental Protection Agency (EPA) Action Memorandum for the Site signed by the EPA Region I Director of the Office of Site Remediation and Restoration on September 23 1996
II DEFINITIONS
The following definitions shall apply to this SOW
A All definitions provided in Section III of the Order are incorporated herein by reference
B Design shall mean an identification of the technology to be used for the Removal Action and its performance and operational specifications in accordance with all applicable federal state and local laws including but not limited to
1 all computations used to size units determine the appropriateness of technologies and the projected effectiveness of the NTCRA
2 scale drawings of all system layouts identified above and including but not limited to excavation cross-sections and well cross-sections
3 quantitative analyses demonstrating the anticipated effectiveness of the NTCRA Design to achieve the Performance Standards
4 technical specifications which detail the following
a size and type of each major component and
b required performance criteria of each major component
5 specifications on the extent of ambient air monitoring including equipment monitor locations and data handling procedures and
6 specifications of Institutional Controls to be supplied with the construction plans and specifications
EPA Approval or EPA Review and Approval shall mean the procedures specified in Section XIVA of the Order
Institutional Controls shall mean deed restrictions access land easements and other requirements and controls developed to limit human or animal exposure to hazardous substances pollutants or contaminants andor to ensure the integrity and effectiveness of the Removal Action
Performing Respondents Certification shall mean the procedures specified in Section XIVB of the Order
III SELECTED NON-TIME-CRITICAL REMOVAL ACTION
Section VAI of the Action Memorandum specifies the NonshyTime-Critical Removal Action for the Site Based upon the Action Memorandum listed below are the components of the NTCRA which shall be performed by the Performing Respondent
bull Grading of the landfill including the consolidation of the solid waste material from adjacent to Area 1 Area 3 and Area 4
bull Identifying the solid waste boundary for Areas 3 and 4
bull Excavating contaminated sediments from a groundwater seep area and consolidating them with the waste material in landfill Area 4
- 2 shy
bull Designing and constructing a multi-layer low hydraulic conductivity cap with surface drainage controls
bull Maintaining the cap
bull Long-term monitoring of surface water sediments and groundwater
bull Post-removal site control (PRSC) of the cap The PRSC shall ensure the long-term continued effectiveness of each component of the NTCRA and
bull Implementing Institutional Controls including implementation of deed restrictions andor other controls to prohibit the future use of the Site in any manner that would compromise the integrity of the cap and its associated systems
IV PERFORMANCE STANDARDS
The Performing Respondent shall design construct operate monitor and maintain the NTCRA in compliance with this Order the SOW and the Performance Standards identified in the Action Memo
The Performance Standards for the NTCRA at the Site include
SEDIMENT EXCAVATION AND CONSOLIDATION Sediments with arsenic concentrations above 19 mgkg will be excavated from the groundwater leachate seeps adjacent to Sandy Brook The area within which the seeps are found is defined by sediment locations SD-21 and SD-25 Sediments within Sandy Brook will not be excavated as part of this removal action
CONSOLIDATION OF SOLID WASTE The solid waste outside the Area 1 Area 3 and Area 4 caps shall be consolidated under the Area 34 cap The area to be excavated and material to be consolidated was identified during the RIFS test pit program
LANDFILL CAP The landfill cap shall be designed constructed operated and maintained to meet the performance requirements of the Resource Conservation and Recovery Act (RCRA) Subtitle C regulations specified in 40 CFR sectsect 26419 264310 as applicable and 264111 and the
- 3 shy
currently promulgated final MEDEP regulations referenced in Attachment X of the Action Memo
The cap shall also be designed to meet the requirements of the following EPA and State technical guidance documenxo Final Covers on Hazardous Waste Landfills and Surface Impoundments (EPA530-SW-89-047 July 1989) Construction Quality Management for Remedial Action and Remedial Design Waste Containment Systems (EPA540R-92073 October 1992) Quality Assurance and Quality Control for Waste Containment Facilities (EPA600R-93182 September 1993) MEDEP Final Cover System Guidance Document for Municipal Solid Waste Landfill (November 1995) Stormwater Management for Maine Best Management Practices (November 1995 MEDEP) and Maine Erosion and Sediment Control Handbook for Construction Best Management Practices (March 1991 Cumberland County Soil and Water Conservation District and Maine DEP)
The multi-layer cap will achieve the following minimum requirements
All layers of the cover system shall be designed to achieve the performance objectives of this section over the longshyterm Each layer shall also be designed to meet a static stability factor of safety criteria of 13 seismic stability factor of safety criteria of 10 and a construction-stage stability factor of safety criteria of 12
mdash The base layer will be comprised of unclassified fill material transmissive to gas The performance objectives for the base layer are to contour the landfill to achieve a maximum slope of 31 provide a subgrade base suitable for construction of the cover system and minimize subsidence
Waste from uncapped areas near Area 1 Area 3 and Area 4 and excavated sediments from the groundwater seep areas near Sandy Brook will be placed under the base layer Vegetation cleared from the Site will be distributed evenly to prevent degradation and minimize subsidence
The slopes will be terraced to minimize erosion of the multi-layer cap so that no more than 2 tons per acre per year of soil loss occurs
mdash The gas collection layer will be comprised of 6-12 inches of porous material with a hydraulic conductivity of at least
- 4 shy
1 x 103 cmsec The objective of this layer is to allow for the transmission of gas to the vent pipe which will then take gas out of the landfill and to provide a firm foundation and contact surface for the low hydraulic conductivity layer A second objective is to allow fo the transmission of potential leachate seeps down the sideslopes so that it may infiltrate back into the landfill Approximately one gas vent per acre will be installed at least three to five feet into the waste
-- The bottom low hydraulic conductivity layer acts as a safeguard to the geomembrane and is generally made of 24 inches of clay or a geo-synthetic clay liner (GCL) The performance objective of this layer is to minimize potential leakage through the low hydraulic conductivity geomembrane into the landfill The low hydraulic conductivity layer will be designed to achieve a maximum hydraulic conductivity of 1 x 10~7 cmsec unless the factor of safety criteria of 13 for static 10 for seismic and 12 for construction stage stability cannot be achieved If the stability criteria cannot be met with a GCL or 1 x 107 cmsec material then a more permeable material may be used to achieve a stable cover system The bottom low hydraulic conductivity layer shall have a maximum hydraulic conductivity of at least 1 x 105 cmsec if the 1 x 10~7
cmsec material cannot meet the stability criteria If a GCL is used as the bottom low hydraulic conductivity layer then 12 inches of a fine grained material containing a minimum of 35 fines with no stones larger than one inch shall be used as bedding above the gas vent layer Potential mechanisms that may compromise the integrity of the cover system such as subsidence desiccation cracking and freeze-thaw cycling will be accounted for in the design
The uppermost surface of the bottom low hydraulic conductivity layer shall be buried at least 30 inches below the surface of the cap
-- The top low hydraulic conductivity layer will be a geosynthetic barrier The performance objective of this barrier is to prevent water from infiltrating into the landfill and to accommodate settlement and subsidence while maintaining stability This synthetic barrier will be a type of flexible geomembrane 40-60 mil thick
-- The drainage layer will be composed of either a minimum of 12 inches of sand or equivalent material with a minimum
- 5 shy
hydraulic conductivity of 1 x 102 cmsec or a synthetic material with a transmissivity of at least 3 x 10~5 m2sec The sand should be no coarser than 38 inch The performance objective is to allow water to drain off the synthetic barrier prevent the ponding of water over tgt a synthetic barrier and minimize seepage forces within the cap system If a geosynthetic drainage layer is used then a 12 inch layer of coarse material will be placed over the geosynthetic layer
mdash The top layer of the cap will be the vegetative cover This layer in combination with the drainage layer shall provide a minimum of 30 inches of fill material to provide frost protection A minimum of 18 inches of material (including at least 6 inches of top soil) shall be placed above the drainage layer to provide adequate water-holding capacity to attenuate rainfall infiltration to the drainage layer to sustain vegetation through dry periods and to provide sufficient thickness to allow for expected long-term erosion losses Deep rooted plants that could damage the drainage and barrier layers will not be allowed to grow on the cover A filter fabric may be placed between the top layer and the drainage layer to minimize fill material from clogging the drainage layer
mdash Surface water drainage controls will be constructed to minimize erosion during construction and to reduce erosion of the cap after construction to no more than 2 tons per acre per year As determined by the final NTCRA Design drainage channels will be installed in certain areas on the top and perimeter of the landfill cap to channel runoff away from the landfill Surface water drainage channels will be designed to manage the rainfall volume of a 25-year 24-hour storm event with freeboard and shall also be capable of handling a 100-year 24-hour storm event without overflow
SURFACE WATERS The point of compliance for any point source surface water releases resulting from this action consistent with the NCP shall be the point or points where the release enters the surface water body (Sandy Brook or Big Ledge Brook) Any point source discharge to a surface water body shall comply with the NPDES program under section 402 of the federal Clean Water Act and the Maine water quality standards and storm water discharge requirements The document Stormwater Management for Maine Best Management Practices (November 1995 MEDEP) shall be used as guidance for stormwater and the document Maine Erosion and Sediment Control Hanbook for Construction Best Management
- 6 shy
Practices (March 1991 Cumberland County Soil and Water Conservation District and Maine DEP) shall be used as guidance for erosion control
AIR The point of compliance for air consistent with che NCP shall be the point(s) of the maximum exposed individual considering reasonably expected use of the Site and surrounding area The maximum exposed individuals could include (I) adjacent residents (2) operation and maintenance personnel and (3) individuals working at the facility The passive gas venting system shall not allow for an unacceptable risk of exposure to the maximum exposed individuals by controlling and treating landfill gas if necessary The passive gas venting system shall be designed and constructed to comply with Attachment X of the Action Memo
LONG-TERM MONITORING A long-term monitoring program will be implemented to evaluate the performance of the NTCRA Surface water groundwater and sedimentsas appropriate shall be sampled as part of this program Long-term monitoring is expected to occur for at least thirty years
POST-REMOVAL SITE CONTROL Post-removal site control shall assure the long-term effectiveness of the cap and related systems for at least thirty years
INSTITUTIONAL CONTROLS Institutional Controls shall ensure the long-term integrity of the landfill cap and prevent future use of the groundwater impacted by the Site Deed restrictions andor other controls shall prohibit any activity at the Site which would interfere with or compromise the landfill cap or its related systems Such controls will also provide for EPA and MEDEP approval prior to the commencement of any future activities at the Site which may impact the landfill cap or its related systems
V NTCRA DESIGN
The Performing Respondent shall develop a final design for the selected NTCRA as described in the Action Memorandum and this SOW that meets the performance standards specified in Section IV of this SOW This section describes the Performing Respondents responsibilities for submitting deliverables and conducting project meetings during design
- 7 shy
A DELIVERABLE5
The Performing Respondent shall submit the following deliverables to EPA and the MEDEP during the design of the selected NTCRA pursuant to the schedule in Attachment A Any modification of the schedule in Attachment A shall be subject to EPA approval after a reasonable opportunity for review and comment by MEDEP Each submitted deliverable shall require EPA Approval after a reasonable opportunity for review and comment by MEDEP or Performing Respondents Certification whichever applies pursuant to the schedule in Attachment A and the procedures in Section XIV of the Order
1 DESIGN PROGRESS REPORTS
On the 15th calendar day of each month and until EPA approval of the 100 NTCRA Design the Performing Respondent shall submit Design Progress Reports to EPA and the MEDEP Design Progress Reports may be combined with the monthly progress reports required under the Administrative Order by Consent for Remedial InvestigationFeasibility Study (EPA Region I CERCLA Docket No I-CERCLA-95-1069) and shall be submitted with the Performing Respondents Certification The reports shall summarize all activities that have been conducted in the month preceding the Progress Report and those planned for the next two months The Progress Reports shall also identify problems encountered andor changes to the schedule and shall summarize the results of sampling and tests and other data received by the Performing Respondent
2 CONCEPTUAL DESIGN LETTER REPORT
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit a Conceptual Design Letter Report to EPA and the MEDEP The Conceptual Design Letter Report shall be submitted by the Performing Respondents Certification and may include at a minimum
a an outline of the NTCRA Design
b a work plan for any pre-design studies
- 8 shy
c preliminary drawings of the 31 and 3-5 slope sections of the cap surface water controls and retention ponds in plan view and cross-section and
d The design basis for the composition and thickness of each layer of the cap presented in letter format including a determination of the appropriate gas control technology and supporting information and an estimate of settlement
3 100 DESIGN FOR SEDIMENT CONSOLIDATION
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit the 100 Design for the sediment consolidation to EPA for Review and Approval after reasonable opportunity for review and comment by the MEDEP
4 100 NTCRA DESIGN
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit the 100 NTCRA Design for EPA Review and Approval after reasonable opportunity for review and comment by the MEDEP Design plans for individual components of the NTCRA may be submitted separately from the cap design However the design submittal for the cap shall address 100 of the total design for each component of the NTCRA including but not limited to
a the Final Design Report including the design basis for each component and the associated plans and specifications in reproducible format
b Construction Quality Assurance Plan including sample construction quality assurance and quality control checklists draft construction -quality control and quality assurance tables and a list of testing requirements based upon EPA and MEDEP comments
c the results of any pre-design studies
- 9 shy
d final drawings of the 31 and 3-5 slope sections of the cap in plan view and cross section including surface drainage controls and retention ponds anchor trenches and the passive gas venting system
e a description of the design basis for each layer andor component of the NTCRA including settlement evaluation stability calculations and the HELP model assessment to evaluate infiltration through the cover system The stability assessment shall include an assessment of the stability of the cover system waste material and surrounding slopes Each key section of the stability analysis should include a discussion of the (1) performance criteria for each failure mode (2) soil conditions including loading and seepage conditions and (3) determination of factor of safety and indicate the slope failure mode The methods to perform the above analysis shall be presented
f a discussion of how all applicable or relevant and appropriate requirements (ARARs) identified in the Attachment X of the Action Memo will be addressed This discussion should
(1) specify the statute (2) specify the citation of the ARAR (3) identify if the ARAR is state or
federal (4) summarize the requirements of the ARAR (5) specify in detail the activities that
shall be conducted to comply with the ARAR and
(6) specify in detail the activities that shall be conducted to demonstrate compliance with the ARAR When sampling and analysis is conducted to demonstrate compliance the following shall be specified sampling locations sampling frequency sampling methods analytical methods quality assurance and quality control activities and statistical analysis andor modeling andor other data interpretation techniques
- 10 shy
g drawings on reproducible mylar
h the final NTCRA Technical Specifications which shall include at a minimum the items identified in Attachment D
i a Field Sampling Plan as specified in Attachment B and a Quality Assurance Project Plan as specified in Attachment C Although these documents will be submitted as part of the 100 design these documents must be submitted as separate freestanding deliverables to enable a separate concurrent review of these document by the Agencies along with the 100 design review
j With respect to the landfill cap the design shall include the construction quality assurance procedures required to demonstrate that the NTCRA was properly implemented This component shall include for example (I) checklists for establishing that the required tests and inspections were performed (2) standard operating procedures for all field and laboratory tests (3) the quality assurance and quality control plan for all field and laboratory tests (4) a process for obtaining EPA and MEDEP involvement in major and minor field changes and (5) erosion and sediment control plans The quality assurance component shall be based upon the following guidance documents Construction Quality Assurance for Hazardous Waste Land Disposal Facilities (EPA 530-SWshy86-031 October 1986 and Technical Guidance Document Quality Assurance and Quality Control for Waste Containment Facilities (EPA540R-93182 September 1993)
k A discussion of how any surface water point source discharge shall be evaluated
1 A discussion of how the ambient air shall be evaluated after the construction of the cap is complete to demonstrate that the landfill gas does not pose an unacceptable risk (an excess cancer risk greater than the 104 to 106 risk range or a non-carcinogenic hazard
- 11 shy
index greater than 1) to the maximum exposed individuals (as identified in Section IV of this SOW)
5 WINTER STABILIZATION PLAN
By October 30th of each field season prior to the approval of the Post-Removal Site Control Plan the Performing Respondent shall submit a Winter Stabilization Plan to EPA and MEDEP This plan shall describe the practices and procedures that will be used by the Performing Respondent to prevent erosion of the landfill and excessive sediment discharge to the surface water and wetlands until EPA approval of the Post-Removal Site Control Plan
6 INSTITUTIONAL CONTROL PLAN
The Performing Respondent shall submit a schedule and a workplan letter report for the implementation of the Institutional Controls required by the NTCRA within 60 days of the effective date of the Order As part of the Institutional Controls a deed restriction shall be placed on the Site property to prevent any use of the property that would interfere with or reduce the effectiveness of the NTCRA or any future response actions The deed restriction shall also prevent future use of the groundwater under the Site These institutional controls shall be implemented in a manner consistent with Attachment X of the Action Memo
B DESIGN PROJECT MEETINGS
The Performing Respondent and its Contractor shall periodically meet with EPA and the MEDEP during the design phase to discuss the status of the design present the results of any investigations and discuss any issues associated with the development of the design
At least one week prior to each such periodic meeting the Performing Respondent shall submit to EPA and the MEDEP as necessary (i) an agenda for the meeting (ii) a summary of the issues that will be discussed and (iii) any supporting information including any specific information required for the meeting as detailed below The following is a list of meetings to be held as necessary during the design phase
1 DESIGN KICK-OFF MEETING
- 12 shy
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall schedule a design kickshyoff meeting The purpose of this meeting is to allow the EPA MEDEP and the Performing Respondents design teams to meet
2 CONCEPTUAL DESIGN MEETING
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall hold a Conceptual Design Meeting During the Conceptual Design Meeting the Performing Respondent shall give a presentation of the Work Plan for Pre-Design Studies if needed and the conceptual design of the selected NTCRA based on any completed pre-design investigations and the Conceptual Design Letter Report
3 100 DESIGN MEETING FOR SEDIMENT CONSOLIDATION
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall hold a 100 Sediment Consolidation Design Meeting At this meeting the Performing Respondent shall present the 100 design for these components of the NTCRA
4 100 NTCRA DESIGN MEETING
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall hold two 100 NTCRA design meetings At the first meeting the Performing Respondent shall provide an overview of the design During the second meeting the Performing Respondent shall present any issues that have arisen from comments received on the 100 NTCRA design and options for resolving the issues
EPA may determine that any of such meetings are not necessary However EPA andor the Performing Respondent may also schedule additional meetings as necessary to discuss any issues that arise during design
VI NTCRA IMPLEMENTATION
The Performing Respondent shall implement the final design for the selected NTCRA as described in the Action Memorandum and this SOW that meets the performance standards specified in Section IV
- 13 shy
of this SOW This section describes the Performing Respondents responsibilities for conducting the NTCRA submitting deliverables and conducting project meetings during implementation of the NTCRA
A DELIVERABLES
The Performing Respondent shall submit the following deliverables to EPA and the MEDEP during implementation of the NTCRA pursuant to the schedule in Attachment A Any modification of the schedule in Attachment A is subject to EPA approval after a reasonable opportunity for review and comment by MEDEP Each submitted deliverable shall require EPA Approval or the Performing Respondents Certification whichever applies pursuant to the schedule in Attachment A and the procedures in Section XIV of the Administrative Order by Consent
1 NTCRA IMPLEMENTATION SCHEDULE
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit a NTCRA Implementation Schedule for EPA Review and Approval after reasonable opportunity for review and comment by the MEDEP The NTCRA Implementation Schedule shall identify the major milestones for completion of the NTCRA including the commencement and completion of construction and the schedule for demonstrating compliance bull ith Section V(A) (4) (f) of the SOW The NTCRA Implementation Schedule shall also identify the key construction dates including the initiation and completion date of each component of the multi-layer cap The NTCRA Implementation Schedule shall also identify the projected dates of the Progress Meetings conducted during the NTCRA implementation including those required pursuant to Section VIB of this SOW
2 CONSTRUCTION DOCUMENT SUBMITTAL
In accordance with the schedule set forth in Attachment A to this SOW the Performing Respondent shall submit a copy of executed construction contract documents to EPA and MEDEP
3 HEALTH AND SAFETY PLAN
- 14 shy
In accordance with che Schedule set forth in Attachment A to this SOW the Performing Respondent shall submit a General Health and Safety Plan to EPA and MEDEP A site-specific Health and Safety Plan addressing NTCRA construction activities shall be submitted by the Performing Respondent prior to on-site construction activities The general and site-specific Health and Safety Plans shall each be submitted with Performing Respondents Certification
4 NTCRA IMPLEMENTATION PROGRESS REPORTS
On the 15th calendar day of each month during implementation of the NTCRA and until EPA approval of the Completion of Removal Action Report the Performing Respondent shall submit Progress Reports to EPA and the MEDEP The Progress Reports shall be submitted with Performing Respondents Certification The reports shall summarize all activities that have been conducted in the month preceding the Progress Report and those planned for the next two months The Progress Reports shall also
a identify the percent of NTCRA construction completed
b identify any problems encountered andor changes to the schedule
c summarize the results of all sampling and tests and all other data received by the Performing Respondent
d include photographs of the site activities Photographs shall be labeled with the date brief description of the activity weather conditions and directionorientation of the photograph and
e include the results of any monitoring conducted
After completion of all construction activities the Performing Respondent may upon EPA approval reduce the frequency of submission of the Progress Reports The Progress Reports may be combined with the monthly progress reports required under the Administrative Order by Consent
- 15 shy
for Remedial Investigation Feasibility Study (EPA Region I CERCLA Docket No I-CERCLA-95-1069)
5 POST-REMOVAL SITE CONTROL PLAN
In accordance with the schedule set forth in Attachment A to this SOW the Performing Respondent shall submit a Post-Removal Site Control Plan (PRSC Plan) for EPA Review and Approval after reasonable opportunity for review and comment by the MEDEP The PRSC Plan shall ensure the long-term continued effectiveness of each component of the NTCRA The PRSC Plan shall address at a minimum the following
a periodic evaluation of the stability of the cover system
b a description of normal operations and maintenance
c a description of potential operational problems with contingency plans
d an operational safety plan
e a description of equipment
f record keeping and reporting requirements
g periodic assessment of the passive landfill gas venting system
h periodic assessment of erosion controls and periodic settlement monitoring
i periodic assessmentand runoff
of surface water controls
j evaluation of Sandy Brook removal area
k periodic evaluation of vegetative growth and the identification of any erosion and
1 the impact of the cap on wetlands
- 16 shy
6 COMPLETION OF REMOVAL ACTION REPORTS
In accordance with the schedule set forth in Attachment A to this SOW the Performing Respondent shall submit the Completion of Removal Action and Demonstratioi of Compliance Report (jointly the Completion of Removal Action Report) for EPA Review and Approval after reasonable opportunity for review and comment by the MEDEP The Completion of Removal Action Report shall be submitted in two phases including first an Interim Completion of Removal Action Report and second a Final Completion of Removal Action Report
a The Interim Completion of Removal Action Report shall include at a minimum
(1) a synopsis of the work defined in the SOW and the 100 NTCRA Design and a synopsis of all work actually performed
(2) an explanation of any modifications to work in the SOW and the 100 NTCRA Design and why such modifications were necessary to implement the NTCRA
(3) drawings and specifications for all components of the NTCRA and
(4) a final inspection checklist
b The Final Completion of Removal Action Report shall include the categories of information specified in section 300165 of the NCP (OSC Reports) In addition the Final Completion of Removal Action Report shall follow EPA guidance for a Remedial Action Report OSWER Directive 93550-39FS June 1992 and shall include at a minimum
(1) all the data and information necessary to demonstrate compliance according to the approved NTCRA Design
(2) a certification that the NTCRA is operational and functional as designed that no further modifications are necessary to meet the performance standards and that no unacceptable air
- 17 shy
or surface water releases (from the cap only) are occurring or are expected to occur
(3) a detailed explanation as to how t^e Performing Respondent addressed each of the ARARs specifically identified as such in Attachment X of the Action Memo
(4) the final record (as built) plans and specification for the NTCRA and
(5) the conclusions of the data evaluation
B PROJECT MEETINGS
The Performing Respondent and their contractors shall periodically meet with EPA and the MEDEP during implementation of the NTCRA to discuss the status of the project present the results of any investigations and discuss any issues that arise At least one week prior to each such meeting the Performing Respondent shall submit to EPA and the MEDEP as necessary an agenda for the meeting a summary of the issues that will be discussed and any supporting information The following is a list of mandatory meetings that shall be conducted by the Performing Respondent
1 CONSTRUCTION MEETINGS
Unless otherwise agreed by EPA and MEDEP during the construction period the Performing Respondent and its construction contractor(s) shall meet MONTHLY with EPA and MEDEP regarding the progress and details of construction
2 SUBSTANTIAL COMPLETION INSPECTION MEETING
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall schedule and conduct a Substantial Completion Inspection Meeting at the Site The Substantial Completion Inspection Meeting shall include EPA MEDEP and the Performing Respondents Project Coordinator and technical consultant
- 18 shy
3 FINAL INSPECTION MEETING
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall schedule and conduct a Final Inspection Meeting at the Site This Final Inspection Meeting shall include participants from all parties involved in the NTCRA including but not limited to the Performing Respondent and its contractors EPA and the State
EPA may determine that any such meetings are not necessary EPA andor MEDEP andor the Performing Respondent may also schedule additional meetings as necessary to discuss any issues that arise during implementation of the NTCRA
VII POST-REMOVAL SITE CONTROL
The Performing Respondent shall initiate Post-Removal Site Control (PRSC) upon completion of construction of the NTCRA In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit a PRSC plan for EPA approval after a reasonable opportunity for review and comment by MEDEP PRSC shall continue for at least thirty years
Progress Reports shall be submitted throughout the period of PRSC PRSC Progress Reports shall contain a list of all PRSC activities that were performed in the time period since the previous PRSC Progress Report and those PRSC activities that will be performed in the time period until the next PRSC Progress Report In addition PRSC Progress Reports shall include a summary of the results of any PRSC tests or evaluations completed since the last report
PRSC reports shall be submitted quarterly for the first two years following approval of the PRSC plan by EPA after a reasonable opportunity for review and comment by MEDEP For the next 8 years PRSC reports shall be submitted semishyannually in June and November of each year Thereafter PRSC reports shall be submitted annually in November The PRSC reports shall include a discussion of the condition of the NTCRA components and shall identify any corrective measures that have been or need to be installed In particular the condition of the landfill vegetative cover and surface water controldrainage systems shall be discussed
- 19 shy
VIII LONG-TERM MONITORING
In accordance with the schedule set forth in Attachment A to the SOW the Perform g Respondent shall submit a Long-Term Monitoring Plan for EPA Review and Approval after reasonable opportunity for review and comment by MEDEP The objective of the Long-Term Monitoring Plan shall be to evaluate the long-term changes in groundwater surface water and sediment concentrations to assess the effectiveness of the NTCRA The Long-Term Monitoring Plan may also include measures to assess the compliance of the landfill passive gas venting control system and the surface water and sediment control systems The data collected as part of the RIFS Order may be consolidated as a substitute for this data
The Performing Respondent shall initiate the long-term monitoring upon EPA approval of the Long-Term Monitoring Report and continue to perform long-term monitoring of the Site for at least thirty years after EPA approval of the Completion of Removal Action Report Any modifications to these requirements should be made in a manner consistent with Paragraph 111 of the Order
- 20 shy
ATTACHMENT A NTCRA SCHEDULE
DeliverableMeeting Due Date
Kick-off meeting between EPA MEDEP and Design Contractor
Design Progress Reports
Submit Conceptual Design Letter Report to EPA and MEDEP
Final Design Meeting for Sediment Consolidation
Submit draft 100 Sediment Consolidation Design
Conceptual Design Meeting
Monthly Project Mtg
Institutional Control Plan
Submit 100 NTCRA Design
100 NTCRA Design Meeting
Health and Safety Plan for Construction Activities
Second 100 Design Meeting
NTCRA Implementation Schedule
Revised 100 Design Construction Document Submittal
NTCRA Implementation Progress Reports
Construction Meetings
Post-Removal Site Control Plan
Held on December 18 1996
15th calendar day of each month until EPA approval of 100 NTCRA Design
Submitted December 15 1996
Held on December 18 1996
Submitted December 15 1996
Held January 9 1997
To be set by EPA
within 60 days of the effective date of the NTCRA Order
February 28 1997
March 21 1997
No later than May 16 1997
No later than May 23 1997
No later than June 13 1997
No later than June 13 1997
15th calendar day of each month after EPA approval of 100 NTCRA Design until approval of the Completion of Removal Action Report
Once per month during NTCRA construction activities
July 15 1997
Attachment A - 1
Submit Long-Term Monitoring Plan to EPA and MEDEP
Substantial Completion InspectionMeeting
Winter Stabilization Plan
Interim Completion of Removal Action Report
Final Completion of Removal Action Report
Final Inspection
Post-Removal Site Control Progress Reports
No later than December 1 1997
No later than December ]5 1997
By 30th of October of each year until EPA approval of the Post-Removal Site Control Plan
30 days prior to Substantial Completion Inspection Meeting
Within 120 days of the Substantial Completion Inspection
No later than May 15 1998
Quarterly for the 1st two years after approval of PRSC Plan(to be submitted in March June September and December of each year) for the next eight years semishyannually in June and November of each year Thereafter annually in November
Attachment A - 2
ATTACHMENT B
FIELD SAMPLING PLAN COMPONENT OF THE NTCRA 100 DESIGN
The overall objectives of the Field Sampling Plan (FSP) are as follows
1 to document specific objectives procedures and rationales for fieldwork and sample analytical work
2 to ensure that sampling and analysis activities are necessary and sufficient and
3 to provide a common point of reference for all parties to ensure the comparability and compatibility of all objectives and the sampling and analysis activities
The following critical elements of the FSP shall be described for each sample medium as necessary (eg ground water surface water soil sediment air and biota) and for each sampling event
1 sampling objectives (iedemonstration of attainment five year review etc)
2 data quality objectives including data uses and the rationale for the selection of analytical levels and detection limits (see Data Quality Objectives Development Guidance for Uncontrolled Hazardous Waste Site Remedial Response Activities OSWER Directive 935507 March 1987) Also Guidance for Data Useability in Risk Assessment EPA540G-90-008 October 1990
3 site background update including an evaluation of the validity sufficiency and sensitivity of existing data
4 sampling locations and rationale
5 sampling procedures and rationale and references
6 numbers of samples and justification
7 numbers of field blanks trip blanks and duplicates
Attachment B - 1
8 sample media (eg ground water surface war soil sediment air and buildings facilities and structures including surfaces structural materials and residue)
9 sample equipment containers minimum sample quantities sample preservation techniques maximum holding times
10 instrumentation and procedures for the calibration and use of portable air soil- or water-monitoring equipment to be used in the field
11 chemical and physical parameters in the analysis of each sample
12 chain-of-custody procedures must be clearly stated (see EPA NEIC Policies and Procedures Manual EPA 3309-78shy001-R May 1978 revised May 1986
13 procedures to eliminate cross-contamination of samples (such as dedicated equipment)
14 sample types including collection methods and if field and laboratory analyses will be conducted
15 laboratory analytical procedures equipment and detection limits
16 equipment decontamination procedures
The FSP must establish the framework for all anticipated field activities (eg sampling objectives evaluation of existing data standard operating procedures) and contain specific information on each round of field sampling and analysis work (eg sampling locations and rationale sample numbers and rationale analyses of samples) During the NTCRA the FSP shall be revised as necessary to cover each round of field or laboratory activities Revisions or a statement regarding the need for revisions shall be included in each deliverable describing all new field work
The FSP shall include provisions requiring notification of EPA and the MEDEP at a minimum four weeks before field sampling events The Performing Respondent shall provide EPA and MEDEP at least one week notice for non-analytical engineering analysis samples The FSP shall also allow split replicate or duplicate samples to be taken by EPA
Attachment B - 2
(or their contractor personnel) MEDEP and by other parties authorized by EPA At the request of EPA or MEDEP the Performing Respondent shall provide these samples in appropriately pre-cleaned containers to the government representatives Identical procedures shall be used t_raquo collect the Performing Respondents samples and the parallel samples unless otherwise specified by EPA or MEDEP The following guidance documents shall be followed in developing the FSP including
1 Guidance for Conducting Remedial Investigations and Feasibility Studies Under CERCLA (OSWER Directive 93553-01 EPA540G-89004 October 1988)
2 Data Quality Objectives for Remedial Response Activities Development Process EPA540G-87003 (OSWER Directive 93550-7B March 1987)
3 Data Quality Objectives for Remedial Response Activities example scenario RIFS Activities at a site with contaminated Soil and Ground Water (OSWER Directive 93550-7B EPA540G-87002 March 1987)
4 Test Methods for Evaluating Solid Waste PhysicalChemical Method (EPA Pub SW-846 Third Edition)
5 Analytical methods as specified in CFR 40 CFR Parts 136 14123 14124 and 14125 and Agency manuals documenting these methods
6 Statement of Works for Inorganic and Organic Analyses EPA Contract Laboratory Program
7 Guidance for Data Useability in Risk Assessment EPA540G-90-008 October 1990 and
8 Ecological Assessment of Hazardous Waste Sites A Field and Laboratory Reference EPA6003-89013 March 1989
Attachment B - 3
ATTACHMENT C
QUALITY ASSURANCE PLAN FOR THE NTCRA 100 DESIGN
The Quality Assurance Project Plan (QAPjP) shall document in writing site-specific objectives policies organizations functional activities and shall specify quality assurancequality control (QAQC) activities designed to achieve the data quality objectives (DQOs) of the NTCRA The QAPjP developed for this project shall document QAQC policies procedure routines and specifications All project activities throughout the NTCRA shall comply with the QAPjP All QAPjP and sampling and analysis objectives and procedures shall be consistent with Interim Guidelines and Specifications for Preparing Quality Assurance Project Plans (EPA 1983 - EPA QAMS- 00580 1980) All analytical methods shall be consistent with applicable EPA analytical protocols and methods
The 16 basic elements of the QAPjP plan are
1 title page with provision for approval signatures of principal investigators
2 table of contents
3 project description
4 project organization and responsibility
5 quality assurance objectives for measurement data in terms of precision accuracy completeness representativeness and comparability
6 sampling procedures
7 sample custody
8 calibration procedures and frequency
9 analytical procedures which must be EPA approved or equivalent methods
10 data reduction validation and reporting
11 internal quality control checks and frequency
Attachment C - 1
12 performance and system audits and frequency
13 preventive maintenance procedures and schedules
14 specific routine procedures to be used to assess the precision accuracy and completeness of data and to assess specific measurement parameters involved
15 corrective action and
16 quality assurance reports to management
As indicated in EPAQAMS-00580 the above list of essential elements must be considered in the QAPjP for the NTCRA If a particular element is deemed not relevant to the project the reasons for such determination must be provided
Information in a plan other than the QAPjP may be cross-referenced clearly in the QAPjP provided that all objectives procedures and rationales in the documents are consistent and the reference material fulfills the requirements of EPAQAMS-00580 Examples of how this cross-reference might be accomplished can be found in the Data Quality Objectives for Remedial Response Activities Development Process EPA5406-87OQ3 (OSWER Directive 93550-7B) March 1987 and the Data Quality Objectives for Remedial Response Activities Example Scenario EPA540Gshy87004 (OSWER Directive 93550-7B) March 1987 EPA-approved analytical methods or alternative methods approved by EPA shall be used and their corresponding EPA-approved guidelines shall be applied when they are available and applicable
The QAQC for any laboratory used during the NTCRA shall be included in the QAPjP When this work is performed by a contractor to the Performing Respondent each laboratory performing chemical analyses shall meet the following requirements
1 be approved by the State Laboratory Evaluation Program if available
2 have successful performance in one of EPAs National Proficiency Sample Programs (ie Water Supply or Water Pollution Studies or the States proficiency sampling program)
Attachment C - 2
3 be familiar with the requirements of 48 CFR Part 1546 contract requirements for quality assurance and
4 have a QAPjP for the laboratory including all relevant analysis This plan shall be referenced as part of the contractors QAPjP
The Performing Respondent shall certify that all validation of data was performed by an independent person according to Region Is Laboratory Data Validation Functional Guidelines for Evaluating Organic and Inorganic Analyses (amended as necessary to account for the differences between the approved analytical methods for the project and the Contract Laboratory Procedures (CLP) These approved methods shall be contained in the QAPjP The independent person shall not be the laboratory conducting the analyses and should be a person familiar with EPA Region I data validating procedures The independent person performing the validation shall insure that the data packages are complete and all discrepancies have been resolved if possible and the appropriate data qualifiers have been applied The Performing Respondent shall keep the complete data package and make it available to EPA and the MEDEP on request The complete data package must include the following
o Narrative stating method used and explanation of any problems
o Tabulated summary forms for samples standards and QC
o Raw data for samples standards and QC o Sample preparation logs and notebook pages o Sample analysis logs andor notebook pages o Chain of custody sample tags o An example calculation for every method per
matrix
Attachment C - 3
ATTACHMENT D
GENERAL REQUIREMENTS FOR THE TECHNICAL SPECIFICATIONS COMPONENT OF THE NTCRA DESIGN
The general requirements section of the technical specification shall describe how the Performing Respondent will manage the project to complete the NTCRA as required under the SOW and the Order As part of the technical specifications the Performing Respondent shall require the following tasks
1 provide for the security of government and private property on the Site
2 estrict unauthorized entry to the Site which might result in exposure of persons to potentially hazardous conditions
3 establish the location of a field office for on-site activities
4 provide contingency and notification plans for potentially dangerous activities associated with the NTCRA
5 monitor airborne contaminants released by Site activities which may affect the local populations
6 communicate to EPA MEDEP and the public the organization and management of the NTCRA including key personnel and their responsibilities
7 provide a list of Performing Respondents contractors and subcontractors and description of their activities and roles
8 provide for the proper disposal of materials used and wastes generated during the NTCRA (eg drill cutting extracted ground water protective clothing disposable equipment) These provisions shall be consistent with the off-site disposal requirements of CERCLA sect 121(d)(3) RCRA and applicable state laws The Performing Respondent or their authorized representative or another party acceptable to EPA and MEDEP shall be identified as the generator of wastes for the purpose of regulatory or policy compliance
Attachment D - 1
9 provide a description of the project staff and communication strategy
10 provide the mechanism for identifying and notifying EPA and MEDEP of non-conformance with the design and ixeld change requests and
11 provide traffic controls and community notification strategy
Attachment D - 2
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sita Page 2
Substance Sites Law 38 MRSA sect 1365(1) amp (2) (1989 amp Suf j
1997) The Respondents agree not to contest the authority or
jurisdiction of the EPA Regional Administrator the State of
Maine or their delegatees to issue this Order in any subsequent
proceeding to enforce the terms of this Order
2 EPA notified the Federal Natural Resource Trustees of
this action on September 23 1996 pursuant to Section 122(j) of
CERCLA 42 USC sect 9622(j)
II PARTIES BOUND
3 This Order shall apply to and be binding upon EPA the
State of Maine and the Respondents their successors and
assigns and upon all persons contractors and consultants whom
the Respondents have authorized to act on their behalf to perform
Work pursuant to this Order No change or changes in the
ownership or corporate or legal status of any of the Respondents
including but not limited to any transfer of assets or real or
personal property shall in any way alter the Respondents
responsibilities under this Order Each Respondent shall provide
a copy of this Order to any subsequent owners or successors (or
purchasers of all or substantially all assets) before ownership
rights are transferred The signatories to this Order certify
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 3
that they are authorized to execute and legally bind the parties
they represent
4 Any Respondent that owns any portion of the Site shall
at least 30 days prior to the conveyance of any interest in real
property at the Site give written notice that the property is
subject to this Order to the transferee and written notice to EPA
and the State of the proposed conveyance including the name and
address of the transferee
5 The City of Saco (hereafter the City) shall provide a
copy of this Order to all contractors subcontractors
laboratories and consultants retained to conduct any portion of
the Work performed pursuant to this Order within fourteen (14)
days after the effective date of this Order or after the date of
such retention whichever is later Notwithstanding the terms of
any contract the City is responsible for compliance with all
requirements of this Order (except for Paragraph 96 and
obligations arising therefrom) and for ensuring that all persons
contractors sub-contractors agents and consultants whom the
City has authorized to act on its behalf comply with this Order
In the event of conflict between this Administrative Order by
Consent and any document attached to incorporated into or
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 4
enforceable hereunder the provisions of this Administrative
Order by Consent shall control Any reference herein to the
Work shall mean all activities conducted pursuant to this Order
including but not limited to the Removal Action and all
response actions to be undertaken pursuant to the Action
Memorandum for a Non-Time-Critical Removal Action at the Site
except those activities required by Section XVIII (Record
Preservation) and Paragraph 96 (Payment by Non-Performing
Respondents)
III DEFINITIONS
6 Unless otherwise expressly provided herein terms used
in this Order 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 Order or in the appendices attached hereto and
incorporated hereunder the following definitions shall apply
a Action Memorandum shall mean the EPA Action
Memorandum relating to the Saco Municipal Landfill Site
signed on September 23 1996 by the Director of the Office
of Site Remediation and Restoration (OSRR) EPA Region I
as amended and all attachments thereto
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 5
b Cost Recovery Administrative Agreement shall mea the
Cost Recovery Administrative Agreement Docket No CERCLA shy
1-97-1010 entered by the Respondents and EPA
c Day shall mean a calendar day unless expressly stated
to be a working day or unless the reference is to a period
of ten (10) days or less in which case intervening weekend
days and legal federal holidays shall not be counted in
determining dates In all other instances of computing any
period of time under this Order 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 Working day shall mean a day other than a Saturday
Sunday or federal holiday
d Deliverable shall mean any contract deliverable
plan report notice specification schedule or other item
or document required to be submitted by the City pursuant to
the Order or Statement of Work
e EPA Approval or EPA Review and Approval shall mean
the procedures specified in Section XIVA of this Order
Administrative Order By Consent for Removal Action Saco Municipal Landfill Super-fund Site Page 6
f Extraordinary Response Costs shall mean any costo EPA
or the Maine DEP incur pursuant to Paragraphs 52d 65 69
102 and 104
g Landfill shall mean the Saco Municipal Landfill
which is owned by the City and comprised of four waste
disposal areas (identified as Areas 1 2 3 and 4 in
Appendix A) situated on the 90 acre Landfill Parcel located
on Foss Road in Saco York County Maine owned by the City
h Landfill Parcel shall mean the 90 acre parcel of land
owned by the City on Foss Road in Saco York County Maine
upon which the Landfill is situated
i National Contingency Plan or NCP shall mean the
National Oil and Hazardous Substances Pollution Contingency
Plan promulgated pursuant to Section 105 of CERCLA 42
USC sect 9605 codified at 40 CFR Part 300 and any
amendments thereto
j NTCRA shall mean the Non-Time-Critical Removal Action
undertaken pursuant to this Order
k Order shall mean this Administrative Order by
Consent the Statement of Work (SOW) and any other
appendices or attachments thereto including any future
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 7
modifications as provided by the terms of this
Administrative Order by Consent as may be added hereafter
including (upon EPA Approval or the Citys Certification)
any Deliverables required by this Order such Deliverables
shall be incorporated into and enforceable under this Order
upon EPA Approval or the Citys Certification
1 Oversight Costs shall mean all costs including but
not limited to direct and indirect costs not inconsistent
with the NCP that EPA the Department of Justice or the
State of Maine incur after the effective date of this Order
in overseeing this Order and the Cost Recovery
Administrative Agreement including costs incurred for
negotiating amendments to these instruments- costs incurred
for reviewing or developing plans reports and other items
in connection with this Order costs incurred for overseeing
actions undertaken by the City at the Site pursuant to this
Order including but not limited to payroll costs
contractor costs travel costs and laboratory costs- any
payments tc the State through a cooperative agreement lt~osts
incurred by EPA under or in connection with a contract or
arrangement between EPA and a qualified person to assist EPA
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 8
in overseeing and reviewing the conduct of activities
required under this Order costs of contractors hired by EPA
and other federal agencies to assist in the evaluation of
Respondents Work under this Order costs related to
community relationsinvolvement and any Interest accruing
from the date payment for such costs is due Extraordinary
Response Costs shall be excluded from the definition of
Oversight Costs
m Paragraph shall mean a portion of this Order
identified by an Arabic numeral or an upper case letter
n Parties shall mean EPA the State of Maine and the
Respondents
o Past Response Costs shall mean all costs including
but not limited to direct and indirect costs that EPA the
US Department of Justice or the State of Maine incurred
at the Site or in connection with the Site through the
effective date of this Order plus accrued Interest on all
such costs through such date
p Post-Removal Site Control shall mean those activities
necessary to maintain the effectiveness and integrity of the
NTCRA
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 9
q Prior MEDEP Orders and Consent Decrees shall meai The
1970 Consent Agreement and Order issued by the MEDEP to the
City the 1981 Administrative Consent Agreement and
Enforcement Order issued by MEDEP to the City the 1984
Consent Decree entered by the MEDEP and the City the 1986
First Amendment to the 1984 Consent Decree the 1987 Consent
Decree between the MEDEP and the City and all other
administrative orders and consent decrees related to the
Site issued by the MEDEP to the City prior to the effective
date of this Order
r Removal Action shall mean all activities that the
Respondents are required to perform under this Order
including but not limited to all response actions to be
undertaken pursuant to the Action Memorandum for a Non-Time
Critical Removal Action at the Site dated September 23
1996 except those activities required by Section XVIII
(Record Preservation) and Paragraph 96 (Payment by Non-
Performing Respondents)
s Response Costs shall mean all costs including but
not limited to direct and indirect costs plus Interest on
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 10
all such costs that EPA the US Department of Justice or
the State of Maine incur in connection this Order
t Performing Respondent shall mean the City of Saco
Maine
u Performing Respondents Certification shall mean the
procedures specified in Section XIVB of this Order
v Non-Performing Respondents shall mean those parties
identified in Paragraph 12
w RIFS Order shall mean the Administrative Order by
Consent for Remedial InvestigationFeasibility Study EPA
Region I CERCLA Docket No I-CERCLA-95-1069
x RIFS Response Costs shall mean those costs
including but not limited to direct and indirect costs that
EPA the US Department of Justice or the State of Maine
incurred or will incur in connection with the RIFS Order
plus accrued Interest on all such costs
y RFC shall mean the Citys Project Coordinator
z RPM shall mean EPAs Remedial Project Manager
aa Section shall mean a portion of this Order identified
by a Roman numeral
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 11
bb Site shall mean the Saco Municipal Landfill Supe fund
Site encompassing the Landfill the Landfill Parcel and
all other areas where hazardous substances migrating from
the Landfill have come to be located and all areas in
proximity to the hazardous substances necessary for
implementation of the response action
cc State shall mean the State of Maine including MEDEP
dd Statement of Work or SOW shall mean the statement
of work for the design and implementation of the Removal
Action as set forth in Appendix B to this Order any
modifications made in accordance with this Order and any
attachments to the SOW
ee MEDEP or Maine DEP shall mean the State of Maine
Department of Environmental Protection and any predecessor
or successor departments or agencies of the State
IV EPAS AND MAINE PEPS FINDINGS OF FACT
Site Description and History
7 The Site is in a rural residential area Wooded areas
surround the Site in all directions with the exception of an
open sand and gravel quarry to the southeast private residences
are located to the north and east The closest residence is
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 12
approximately 1000 feet northeast of the entrance to the
landfill In 1975 a waterline extension for the Biddeford and
Saco Water Company was installed along Buxton Road which is to
the east of the Site north to the Louden Road that services
many of the private residences in the area
8 The City of Saco operated the Landfill from 1963 until
approximately 1988 Solid wastes commercial wastes and
industrial wastes were disposed of at the Landfill In 1987 the
City of Saco began operating and continues to operate a
transfer station and compost area near the northern perimeter of
the Landfill Parcel and to the west of Foss Road The transfer
station receives and temporarily stores demolition debris wood
waste and white goods prior to off-site disposal The Landfill
is comprised of four distinct waste deposition areas (Areas 1 2
3 and 4) A brook known as Sandy Brook flows northwest to
southeast through the Landfill Parcel with Landfill Areas 1 and
2 to the east and Areas 3 and 4 to the west of Sandy Brook
9 Following reports of ground water and surface water
contamination from leachate from the Landfill the Maine DEP
began investigating the Site in 1974 A 1974 report by a
consultant for the City of Saco identified leachate originating
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 13
from Area 1 at the Landfill as a source of contamination and a
1975-1976 report recommended capping Area 1 to prevent continued
leachate generation Further studies by other consultants as
well as by the Maine DEP and EPA identified volatile organic
compounds metals and semi-volatile compounds including but not
limited to acetone bis (2-ethylhexyl) phthalate chromium 11shy
dichloroethane iron lead manganese methyl ethyl ketone and
toluene in the leachate ground water andor surface water at
the Site at the time of the additional studies
10a In February 1976 the Maine DEP issued a Consent
Agreement and Order (Consent Order) to the City of Saco to
abate leachate migration from the Landfill Pursuant to the
Consent Order the City of Saco regraded Area 1 and covered it
with a clay cap in the fall of 1976 In September 1981 the
Maine DEP issued-an Administrative Consent Agreement and
Enforcement Order to the City of Saco requiring submittal of a
closure plan for the entire Landfill The City of Saco submitted
a closure plan to the Maine DEP in March and November 1984
Following Maine DEP approval of the submitted plan the Maine DEP
and the City of Saco entered into a Consent Decree effective
December 31 1984 under which the City of Saco agreed to perform
Administrative Order By Conaent for Removal Action Saco Municipal Landfill Super-fund Site Page 14
the closure plan for the Landfill Pursuant to the approved
closure plan the City of Saco installed a leachate recirculation
system in Area 2 and covered this area of the Landfill with a
clay cap In addition in a separate action from 1985 to 1991
the City of Saco allowed the temporary storage of solid waste
from Nike Inc in Area 3 which was later sent off-site for
incineration Area 4 of the Landfill has been graded and is
covered with a thin layer of soil
b A number of monitoring efforts at the Site have
been undertaken by the City of Saco and others In 1980 34
private wells located near the Site were sampled In 1984 the
City of Saco contracted with Dubois amp King which installed 24
additional monitoring wells conducted sampling of groundwater
surface water off-site residential wells and ponds and
initiated quarterly sampling In 1987-1988 the City of Saco
contracted with Balsam Environmental Consultants to conduct
sampling of groundwater surface water and leachate in
preparation for Landfill closure activities In 1989 Balsam
evaluated the existing monitoring well network and submitted a
Remedial Investigation Plan
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 15
c From September 1992-April 1994 Halliburton NUS
Corporation provided technical assistance to EPA conducted a
Limited Field Investigation under EPA oversight and prepared a
Final Site Summary Report regarding the Site In 1993-1994 the
US Geological Survey under an Interagency Agreement with the
EPA conducted a detailed geologichydrogeologic review of the
Site and installed monitoring wells performed numerous
geophysical analyses and monitored and sampled surface water
B Performing Respondent
11 The City of Saco is a municipality which currently owns
the Landfill Parcel and the Landfill and owned the landfill
Parcel and the Landfill during the time of disposal of hazardous
substances at the Landfill The City also operated the Landfill
during the time of disposal of hazardous substances at the
Landfill either directly or through a contractor The City of
Saco typically provided trash removal services for residential
and non-industrial commercial entities Industrial entities
handled their own waste hauling to the Landfill
C Non-Performing Respondents
12 The following parties are Non-Performing Respondents
Robus Leather Corporation fka George Newman amp Company
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 16
successor by merger to Biddeford Industries Inc a corporation
under the law of the State of Ohio CL Hauthaway amp Sons Corp
a corporation under the law of the Commonwealth of Massachusettsshy
Gabriel Electronics Incorporated a corporation under the law of
the State of Maine Litton Industries Inc a corporation under
the law c_ the State of Delaware- Lyn-Flex Industries an
unincorporated division of Der-Tex Corporation a corporation
under the law of the Commonwealth of Massachusetts Millipore
Corporation a corporation under the law of the Commonwealth of
Massachusetts Nike Inc a corporation under the law of the
State of Oregon ZENECA Inc a corporation under the law of the
State of Delaware Saco Defense Inc a corporation under the law
of the State of Delaware Bemis Company Inc a corporation
under the law of the State of Missouri and Champion
International Corporation a corporation under the law of the
State of New York EPA and Maine DEP allege that each Non-
Performing Respondent arranged by contract agreement or
otherwise for the disposal or treatment of hazardous substances
at the Landfill andor accepted or
had a corporate relationship with a person that accepted
hazardous substances for transport to the Landfill
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 17
C Environmental Status of Site
13 Beginning in the mid-1970s individuals residing near
the Site reported water quality concerns regarding their drinking
water wells To address these concerns the municipal water
supply was extended along Buxton Road (Route 112) in 1975
14 Based upon the hazardous substance releases detected
during EPA MEDEP and City of Saco investigations at the Site
and other information available to EPA regarding disposal of
hazardous substances by industrial generators at the Landfill
and pursuant to Section 105(a)(8)(B) of CERCLA 42 USC
sect 9605(a)(8)(B) the Site was proposed for inclusion on the
National Priorities List (NPL) published by the Administrator
of EPA in the Federal Register on June 24 1988 (NPL Update 7
53 Fed Reg 23988-98) The Site was listed for final inclusion
on the NPL on February 21 1990 (NPL Final Rule Update 7 55
Fed Reg 6154)
15 EPA MEDEP and the City of Saco have entered into the
Administrative Order by Consent for Remedial Investigation
Feasibility Study US EPA Region I CERCLA Docket No I-CERCLAshy
95-1069 (RIFS Order) in order to fully investigate the release
or threat of release of hazardous substances at the Site The
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 18
RIFS Order became effective on October 2 1995 The Remedial
Investigation and Feasibility (RIFS) Study is still in
progress
16 The RIFS and earlier investigations have revealed that
the landfill waste material is the source of hazardous substances
migrating to the underlying soils groundwater sediments and
surface water Hazardous substances were detected in groundwater
monitoring wells adjacent to and downgradient of the Site
indicating that hazardous substances have migrated from the Site
into the overburden groundwater which discharges to Sandy Brook
Groundwater data indicates that hazardous substances including
but not limited to arsenic manganese vinyl chloride benzene
and bis(2-ethylhexyl)phthalate are present at concentrations
above the maximum contaminant levels established under the
federal Safe Drinking Water Act and the Maine Maximum Exposure
Guidelines In addition hazardous substances from the Site have
accumulated in the sediments of leachate seeps adjacent to Sandy
Brook The level of arsenic in one leachate seep adjacent to
Sandy Brook is over 200 times the National Oceanic and
Atmospheric Effects Range-Low concentrations for sediments (NOAA
ER-L)
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 19
17 On June 6 1996 EPA issued an Engineering
EvaluationCost Analysis (EECA) Approval Memorandum for the
Site In this memorandum EPA concludes that a CERCLA Non-Time-
Critical Removal Action is necessary and appropriate to control
the source of hazardous substance releases at the Site and
authorizes the undertaking of an EECA study to evaluate various
response options On July 26 1996 EPA approved the EECA
Report prepared by the City of Saco pursuant to the RIFS Order
18 On September 23 1996 the Director of OSRR EPA Region
I signed an Action Memorandum for a Non-Time-Critical Removal
Action at the Site In order to control and contain the release
of hazardous substances from Areas 3 and 4 of the Saco Municipal
Landfill Site the Action Memorandum calls for excavation of
groundwater seep sediments with arsenic concentrations above 19
mgkg the construction of a multi-layer landfill cap
institutional controls long-term monitoring and Post-Removal
Site Control (operation and maintenance) of the cap and
monitoring wells
D Endangerment and Response
19 The primary route by which human populations could be
exposed to hazardous substances migrating from the Site is
Administrative Order By Concent for Removal Action Saeo Municipal Landfill Superfund Site Page 20
ingestion of groundwater in the vicinity of Areas 3 and 4 At
present no residents living near the Site are known to be
consuming impacted groundwater However the potential exists
for new residences to be located (with associated drinking water
wells) near the Site
20 Due to ongoing weather conditions water infiltrates
the landfill waste material and underlying soils causing the
leaching of hazardous substances to the groundwater and the
migration of such substances through the groundwater An
exposure pathway potentially exists therefore through the
ingestion of water from a drinking water well installed in the
groundwater impacted by the hazardous substances
21 A risk evaluation performed for the EECA Approval Memo
concludes that there is an unacceptable cancer and non-cancer
risk from exposure to substances in the groundwater including
those hazardous substances listed in Paragraph 9 above The
cumulative excess cancer risk resulting from ingestion of
groundwater by a future user is estimated as 1 x 10~2 for the
reasonable maximum exposed individual and 91 x 104 for the
average exposed individual These levels exceed the highest
acceptable level of risk (1 x 10) established by EPA under the
Administrative Order By Convent for Removal Action Saoo Municipal Landfill Superfund Site Page 21
National Contingency Plan The hazard index which is an
expression of the potential noncarcinogenic effects (eg liver
damage) of the hazardous substances is estimated as 64 for the
reasonable maximum exposed individual and 22 for the average
exposed individual A hazard index significantly greater than
one is considered to pose an unacceptable risk
22 The EECA Approval Memo risk evaluation also identified
an unacceptable risk from human exposure to the maximum
concentrations of arsenic in the groundwater seeps and an
unacceptable non-cancer risk from human exposure to chromium in
the soils adjacent to Area 3
23 An ecological risk was also identified by the EECA
Approval Memo risk evaluation Iron concentrations in Sandy
Brook were up to 18 times the ambient water quality criteria and
arsenic concentrations in Sandy Brook sediments and the
groundwater seep sediments were 138 times the NOAA ER-L
24 The Removal Action specified in the Action Memorandum
signed by the Director of OSRR EPA Region I on September 23
1996 and as detailed in the Order and SOW is designed to
control the actual or threatened release of hazardous substances
into the groundwater air surface water and sediments and
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 22
thereby prevent minimize andor mitigate the imminent and
substantial endangerment to the public health or welfare or the
environment posed by the actual or potential releases of
hazardous substances from the Landfill
V EPAS AND MAINE PEPS DETERMINATIONS
Based on the Findings of Fact set forth above and the
administrative record supporting the Removal Action EPA and the
Maine DEP have determined that
25 The Saco Municipal Landfill Superfund Site is a
facility as defined by Section 101(9) of CERCLA 42 USC
sect 9601(9) and an uncontrolled hazardous substance site within
the meaning of the Maine Uncontrolled Sites Law 38 MRSA
sect 1362(3) (1989 amp Supp 1997)
26 The hazardous substances found at the Site as
identified in the Findings of Fact above include hazardous
substance(s) as defined by Section 101(14) of CERCLA 42 USC
sect 9601(14) and the Maine Uncontrolled Sites Law 38 MRSA
sect 1362(1) (1989 amp Supp 1997)
27 Each Respondent is a person as defined by Section
101(21) of CERCLA 42 USC sect 9601(21)
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 23
28 Each Respondent is a liable party within the meaning of
Section 107(a) of CERCLA 42 USC sect 9607(a) and a responsible
party within the meaning of the Maine Uncontrolled Hazardous
Substances Sites Law 38 MRSA sect 1362(2) (1989 amp Supp 1997)
29 The conditions described in the Findings of Fact above
constitute an actual or threatened release of a hazardous
substance from the facility into the environment as defined by
Section 101(8) and (22) of CERCLA 42 USC sect 9601(8) and (22)
30 The conditions present at the Site may constitute a
threat to public health welfare andor the environment based
upon the factors set forth in Section 300415(b)(2) of the
National Contingency Plan 40 CFR sect 300415(b)(2)
31 The actual or threatened release of hazardous
substances from the Site may present an imminent and substantial
endangerment to the public health welfare or the environment
within the meaning of Section 106(a) of CERCLA 42 USC
sect 9606(a) and may constitute threats or hazards posed or
potentially posed by an uncontrolled site within the meaning of
the Maine Uncontrolled Sites Law 38 MRSA sect 1364 (1989 amp
Supp 1997)
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 24
32 In order to protect the public health and welfare and
the environment and prevent the further release or threat of
release of hazardous substances in at or from the Site a
Removal Action is necessary and appropriate The Removal Action
will consist of implementation of this Order and SOW The SOW is
designed to prevent minimize andor mitigate damage to the
public health or welfare or the environment which may otherwise
result from the release or threat of release of hazardous
substances and was developed in accordance with the criteria set
forth at Section 300415 of the NCP 40 CFR sect 300415 The
Removal Action is not inconsistent with the NCP and CERCLA
33 Despite the Non-Performing Respondents agreement to
make payments to be used for performance of the Work and the
Performing Respondents agreement to perform Work under this
Order Respondents do not admit any of the factual or legal
determinations made by EPA and Maine DEP Respondents agreement
to this Order shall not be construed to be an acknowledgment that
the release or threatened release constitutes an imminent and
substantial endangerment to the public health or welfare or the
environment Except as otherwise provided in the Federal Rules
of Evidence and other than in proceedings to enforce i) this
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 25
Order ii) any agreement between and amonc e Performing
Respondent and Non-Performing Respondents regarding the Site or
iii) a judgment relating to this Order or any such agreement
Respondents participation in this settlement shall not be
considered an admission of liability for any purpose and the
fact of such participation shall not be admissible in any
judicial or administrative proceeding
VI ORDER
34 Based upon EPAs and MEDEPs jurisdiction the Findings
of Fact and Determinations set forth above and the
administrative record supporting the Removal Action EPA and the
Maine DEP hereby order and the Parties hereby agree that the
Respondents as required herein shall comply with the provisions
of this Order and SOW and perform all actions required by the
terms and conditions of this Order and SOW
VII REMOVAL WORK TO BE PERFORMED COMPLETION OF WORK
35 Upon the effective date of this Order the City shall
perform the Work detailed in the SOW to perform the Removal
Action and meet the performance standards specified in the Action
Memorandum and the SOW The Parties agree that the SOW is
consistent with the Action Memorandum Notwithstanding any
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 26
determination that EPA may make under Paragraph 70 cpound this Order
that additional response actions are necessary to attain the
performance standards specified in the Action Memorandum
compliance with the Work requirements specified in the SOW shall
constitute compliance with the Citys obligation to perform the
Work required by this Paragraph (Paragraph 35) If the SOW must
be modified to ensure that the City meets the performance
standards specified in the Action Memorandum and the SOW the
City must thereafter complete the Work required by the SOW as
modified As specified in the SOW the Removal Action will
generally consist of (i) excavation of all sediments in the
groundwater seep adjacent to Sandy Brook having an arsenic
concentration above 19 mgkg (ii) the design and construction of
a multi-layer low hydraulic conductivity cap over the landfill
(iii) long-term monitoring of the groundwater surface water and
sediments (iv) Post-Removal Site Control and (v) institutional
controls including deed restrictions andor other controls to
prohibit the future use of the Site in any manner that would
compromise the integrity of the cap and its related systems
36 The City shall conduct as necessary Post-Removal Site
Control at the Site in accordance with the SOW All activities
Administrative Order By Connent for Removal Action Saco Municipal Landfill Superfund Site Page 27
performed by the City shall be conducted in accordance with
CERCLA the NCP applicable guidance documents specified by EPA
in the SOW and the provisions of this Order including any
standards specifications and time schedules contained in the
SOW (as such may be amended) and its attachments
37 Pursuant to the schedule in Attachment A to the SOW
the City shall submit for EPA Approval the Final Demonstration of
Compliance and Completion of Removal Action Report (the Final
Completion of Removal Action Report) The Final Completion of
Removal Action Report shall conform to the requirements specified
in the SOW The Final Completion of Removal Action Report shall
also include the following certification signed by the Citys
Project Coordinator or a responsible City official
On behalf of the City for whom I have the authority to make this certification I certify that to the best of my knowledge after appropriate inquiries of relevant persons involved in the preparation of the Report the information submitted 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
38 If EPA after reasonable opportunity for review and
comment by the State determines that the construction portion of
the Removal Action has been fully performed in accordance with
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superpoundund Site Page 28
this Order (with the exception of continuing obligations required
by this Order including without limitation Post-Removal Site
Control long-term monitoring and record preservation) and that
the performance standards specified in the Action Memorandum and
the SOW have been achieved EPA will provide written notice to
the City If EPA after reasonable opportunity for review and
comment by the State determines that all activities have not
been completed in accordance with the provisions of this Order
it will so notify the City and provide a list of the tasks
remaining and a schedule for their completion Subject to the
Citys right to invoke Dispute Resolution the City shall perform
all remaining tasks and shall submit an amended Final Completion
of Removal Action Report in accordance with the EPA notice
VIII COORDINATION AND COOPERATION WITH OTHER RESPONSE ACTIONS
39 The Parties recognize that (i) the City of Saco is
currently performing an RIFS at the Site (ii) EPA intends
after reasonable opportunity for review and comment by the Maine
DEP to select a final remedial action for the Site following
completion of the RIFS and (iii) the design andor construction
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Superfund Site Page 29
of a future remedial action may be performed concurrently with
the Citys performance of portions of the Removal Action
40 The City shall coordinate and cooperate fully with EPA
the State and any other person conducting future response
actions at the Site under EPA or State supervision The City
shall not interfere with or hinder the performance of future
response actions nor take any actions inconsistent with the
performance of any future response actions Further the City
shall provide such assistance and information as EPA deems
necessary to ensure the smooth transfer of the operation and
maintenance of the landfill systems to EPA and any other person
conducting future response actions at the Site under EPA or State
supervision if such becomes necessary
IX ENSftlt3EMTiTJT 9F THE CITYS CONSULTANT AND CONTRACTOR AND PROJECT COORDINATOR
41 The City has selected a qualified Consultant (the
Consultant) Woodard and Curran Inc to perform engineering
consulting work including cap design required under this Order
Additional technical activities including cap construction will
be performed by a contractor yet to be selected The Consultant
and contractor shall employ key personnel dedicated to the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 30
Removal Action that shall have a minimum of five (5) years of
direct experience in performing response actions at hazardous
waste sites Subcontractors retained by the Consultant or
contractor shall contribute no more than fifty percent (50) of
the total work to be conducted under the agreement between the
City and the Consultant All work performed by said Consultant
and contractor pursuant to this Order shall be unde^ the general
direction and supervision of a qualified individual with
expertise in hazardous waste site cleanup The contractor shall
employ such professional staff and shall contract with
appropriate subcontractors sufficient to perform the Removal
Action prior to engagement by the City
42 The City shall provide written notice to EPA and the
Maine DEP within ten (10) days after engaging a contractor The
notice shall include a copy of the Citys contract with the
contractor a statement of qualifications identification of
project personnel and language dedicating the specific
professional staff for specific hours devoted to the project
The City shall notify EPA and the Maine DEP regarding the
identity and qualifications of all subcontractors as soon as each
subcontractor is engaged or at least fourteen (14) days prior to
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Superfund Site Page 31
the subcontractors commencement of Site Work whichever occurs
first Notice by the Citys contractor or subcontractor shall be
deemed notice by the City EPA after reasonable opportunity for
review and comment by the Maine DEP shall have the right
subject to the Citys right to invoke Dispute Resolution to
disapprove based on professional qualifications conflicts of
interest andor deficiencies in previous similar work the
Consultant and any contractor or subcontractor or other person
engaged directly or indirectly by the City to conduct the Work
under this Order The City shall not be deemed in violation of
this Order because the Work has been performed by a contractor or
subcontractor or other person engaged directly or indirectly by
the City to conduct the Work under this Order which is
subsequently disapproved by EPA
43 Within fourteen (14) days after the effective date of
this Order the City shall designate a Project Coordinator who
shall be responsible for the administration of all actions called
for by this Order and shall submit the Coordinators name
address and telephone number to EPA and the ^aine DEP Any
subsequent change in the Citys Project Coordinator shall be
accomplished to the extent possible by notifying EPA and the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 32
Maine DEP in writing at least fourteen (14) days prior to the
change The Citys Project Coordinator shall be subject to
disapproval by EPA and shall have the technical expertise
sufficient to adequately oversee all aspects of the work required
under this Order
X DESIGNATION OF GOVERfffMHSITT COORDINATORS
44 EPA will designate a Remedial Project Manager (WRPM)
for administration of its responsibilities for oversight of the
day-to-day activities conducted under the Order and for receipt
of all written matter including deliverables required by the
Order The Maine DEP may designate a Maine DEP Project Manager
for the administration of its responsibilities for oversight of
the day-to-day activities conducted under the Order and for
receipt of all written matter including deliverables submitted
to the Maine DEP as required by this Order In addition EPA
will designate a Geographic Section Chief (GSC) who shall have
ultimate responsibility for the approvaldisapproval findings and
comments on Deliverables pursuant to Section XIV of this Order
EPA will submit the name address and telephone number of the
RPM and GSC to the City and the Maine DEP within fourteen (14)
days after the effective date of this Order EPA shall notify
Administrative Order By Consent for Removal Action Saco Municipal Landfill Suparfund Site Page 33
the City and the Maine DEP in writing of any subsequent changes
in the RPM or GSC
45 The RPM shall have the authority vested in the On-Scene
Coordinator and the Remedial Project Manager by the National
Contingency Plan as amended 40 CFR Part 300 This includes
the authority to halt conduct or direct any tasks required by
this Order andor any response action or portions thereof when
conditions may present an imminent and substantial endangerment
to public health or welfare or the environment The absence of
the EPA RPM from the Site shall not be cause for the City to halt
actions at the Site unless specifically directed by the RPM
XI PLACE AND MANNER OF NOTICE
46 Communications between the City and EPA andor the
Maine DEP and all documents including reports approvals
disapprovals written notice and other correspondence concerning
the activities performed pursuant to the terms and conditions of
this Order shall be directed through the Citys Project
Coordinator the EPA RPM and the Maine DEP Project Manager For
each Deliverable provided to EPA one (I) camera ready (unbound)
original shall be submitted along with such additional copies as
are required by the RPM Additionally two (2) copies shall be
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 34
submitted to the Maine DEP Project Manager along with such
additional copies as the Maine DEP Project Manager may request
All such documents submitted pursuant to this Order shall be sent
by certified mail return receipt requested or by overnight
delivery service or by courier to the EPA RPM and the Maine DEP
Project Manager at the following addresses or to such other
addresses as EPA or the State hereafter may designate in writing
Mary Jane ODonnell Chief MEVTCT Superfund Section US Environmental Protection Agency Office of Site Remediation and Restoration - HBT JFK Federal Building Boston MA 02203
Wilkes Harper Maine DEP Bureau of Remediation and Waste Management 17 State House Station Augusta ME 04333-0017
XII OBSERVATION OF THE CITYS ACTIVITIES
47 The City shall allow the EPA RPM EPA and State
employees (including but not limited to the Maine DEPs Project
Manager) agents consultants contractors and authorized
representatives to observe the Citys Work at the Site in
implementing the Removal Action activities pursuant to this
Order All activities under this Order shall comply with the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 35
provisions for respmdash pe action worker safety and health in
29 CFR sect 1910120 EPA and Maine DEP will provide reasonable
notice to the City prior to such observation to the extent
practicable The City shall permit such persons (i) to inspect
and copy all non-privileged records documents files or other
writings that relate in any way to the work at the Site and that
would be available to EPA pursuant to its authority under Section
104(e)(2) of CERCLA (ii) to record all field activities by means
of photographic or other recording equipment (iii) to enter and
to freely move about all property on or about the Site during
field activities and at all other reasonable times (iv) to
conduct such tests as EPA may deem necessary (the results of
which shall be available to the Respondents and (v) to verify
the data submitted to EPA by the City The City shall not assert
privileges with respect to technical data regarding the Site
collected pursuant to any requirement of the RIFS Administrative
Order by Consent this Order or any other EPA or Maine DEP
request
XIII NECESSITY OF FORMAL APPROVAL
48 No informal advice guidance suggestions or comments
whether written or oral by EPA or the Maine DEP regarding
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 36
Deliverables or regarding any orv er written or oral information
submitted by the City to EPA (including any information the City
provides to EPA before during or after meetings) shall be
construed as relieving the City of its obligations to obtain such
formal reviews as may be required by this Order and SOW
XIV DELIVERABLES SUBMITTED TO EPA AND THE MAINE PEP
49 For Deliverables which require EPA Approval as
specified in this Order or the SOW the City shall comply with
the procedures set forth in subsection XIVA below For
Deliverables which require Performing Respondents Certification
as specified in the SOW the City shall comply with the
procedures set forth in subsection XIVB below
50 All Deliverables submitted to EPA and the Maine DEP
shall be delivered to EPA and the Maine DEP in accordance with
the schedule set forth in the SOW or otherwise established under
this Order or as modified in accordance with Section XXXXI All
Deliverables which have not received an Approval or Approval with
Conditions pursuant to subsection XIVA below or which require
the Citys Certification pursuant to subsection XIVB below
shall include the following disclaimer in a prominent location in
the document Disclaimer This document has been prepared by
Administrative Order By Concent for Removal Action Saco Municipal Landfill Superfund Site Page 37
the City pursuant to a government administrative order and has
not received final acceptance from the US Environmental
Protection Agency The opinions findings and conclusions
expressed are those of the authors and not those of the US
Environmental Protection Agency or Maine Department of
Environmental Protection In addition any such Deliverable
which requires EPA Approval pursuant to subsection XIVA below
and which has not received final approval from EPA shall be
marked DRAFT on each page
51 Any Deliverable required by this Order or SOW shall be
incorporated in and become an enforceable part of this Order
upon EPA Approval pursuant to subsection XIVA or upon the
Performing Respondents Certification pursuant to subsection
XIVB whichever applies Delay or noncompliance with such
Deliverables shall be considered delay or noncompliance with
requirements of this Order and the provisions of Section XXX
(Stipulated Penalties) shall apply
A Deliverables Requiring EPA Approval
52 EPA will review each Deliverable which requires EPA
Approval as specified in this Order or Attachment A of the SOW to
determine after reasonable opportunity for review and comment by
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 38
the Maine DEP whether it is consistent wi^b the requirement-^ of
the SOW and the Order and may respond to the City with one or
more of the following findings
a Approval -- means that the City shall proceed with the
next scheduled activity consistent this Order
(including the approved Deliverable)
b Approval with Conditions -- means that the City shall
proceed with the next scheduled activity subject to
certain required modifications or conditions set forth
in the EPA comments In its response EPA will specify
a schedule for resubmitting the Deliverable with the
required modifications or conditions as set forth in
the EPA comments and EPA will specify in writing the
required modifications or conditions If the City
fails to resubmit the Deliverable within the specified
time EPA may order the City to cease work on the
activity or any portion of it until such time as the
modification is made or the condition is met
c Disapproval with Modification Required -- means that
the City shall not proceed until it modifies the
Deliverable to correct the deficiencies delineated in
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 39
EPAs corr(ccergtsl and resubmits the Deliverable for
further EPA review Modifications may be required in
any originally-submitted Deliverable any portions of a
Deliverable or any Deliverable or portion of a
Deliverable resubmitted to EPA EPA will specify a
schedule for resubmitting any Deliverable requiring
modifications
d Disapproval with EPA Modification mdash means that EPA has
determined that it will modify the submission to cure
any deficiencies in the Deliverable andor undertake
the Work or any portion of it itself EPA will include
a brief explanation for its determination within the
Notice of Disapproval with EPA modification The City
agrees to reimburse EPA for the costs of such
modification or such Work undertaken by EPA as
Extraordinary Response Costs pursuant to and subject to
Paragraph 82 of this Order However EPA shall not
modify a submission without first providing the City at
least one notice of deficiency and an opportunity to
cure within seven (7) days of receipt of such notice
except where to do so would cause serious disruption to
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 40
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
53 Any disapproval of a Deliverable will give rise to
stipulated penalties as set out in this Order- stipulated
penalties shall accrue from the time the disapproved Deliverable
was originally due Stipulated penalties shall not be payable
however for Deliverables Disapproved with Modification Required
unless disapproval of a first resubmission is due to a material
defect In the case of Deliverables Disapproved with EPA
Modification pursuant to Paragraph 52d stipulated penalties
shall not continue to accrue after 30 days after the Deliverable
is disapproved except if the City disputes the disapproval in
which case stipulated penalties shall run in accordance with
Section XXX of this Order In the event of a disagreement over
EPAs determination concerning a Deliverable the parties shall
resolve the disagreement in accordance with the Dispute
Resolution Section (Section XXIX) of this Order A determination
of Approval or Approval with Conditions shall not be construed to
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 41
mean that EPA concurs with all conclusions methods or
statements in the Deliverables
B Deliverables Requiring Performing Respondents Certification
54 Each Deliverable requiring the Performing Respondents
Certification as specified in Attachment A of the SOW shall be
certified by the City as provided below Upon submittal to EPA
and the Maine DEP the City shall proceed with the next scheduled
activity consistent with each such Deliverable without further
notification or approval by EPA Each such Deliverable shall
include the following certification signed by the Citys Project
Coordinator
On behalf of the City for whom I have the authority to make this certification I certify to the best of my knowledge and professional judgment after appropriate inquiries of relevant persons involved in the preparation of this Deliverable that the guidance documents specified in the SOW which apply to this Deliverable were reviewed in preparation of this Deliverable I further certify that to the best of my knowledge and professional judgment this Deliverable is in accordance with the SOW and the guidance documents specified therein which apply to this Deliverable I am aware that the City may be subject to stipulated penalties for submitting a Deliverable that is not in conformance with the SOW and the guidance documents specified therein which apply to this Deliverable
55 EPA at its discretion may provide comments to the
City concerning any Deliverable requiring the Performing
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Suparfund Site Page 42
Respondents Certification and after reasonable opportunity for
review and comment by the State may disapprove the Deliverable
and notify the City of deficiencies in writing Upon receipt of
a notice of disapproval with deficiencies the City shall suspend
performance of all action required by the Deliverable and shall
correct the deficiencies and resubmit the Deliverable within
thirty (30) days or such other time period specified by EPA in
the notice of disapproval Notwithstanding a notice of
disapproval the City shall proceed to take any action required
by any non-deficient portion of the Deliverable If EPA
disapproves the Deliverable as resubmitted the City shall be in
violation of the Order and the provisions of Section XXX
(Stipulated Penalties) shall apply
XV MONTHLY PROGRESS REPORTS AND MEETINGS
56 The City shall provide monthly written progress reports
(Progress Reports) to EPA and the Maine DEP as specified in
the SOW Meetings between the RPM the Maine DEP the RPC and
the Consultant may be held at least once per month at the EPA
office in Boston unless EPA designates another location or
determines that a monthly meeting is not required for a
particular month The City id the Consultant and contractor
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 43
engaged to perform the Work under this Order shall also meet with
and make formal presentations to EPA at the completion of major
components of the Removal Action as specified by the EPA RPM
After completion of all construction activities the City may
upon EPA approval reduce the frequency of submission of the
monthly Progress Reports
57 The City shall submit in its monthly progress reports a
summary of results of sampling andor tests and other data
generated by the City by its Consultant and contractor or on
the Citys behalf in the course of implementation of the Order
The City shall furnish the full results and any underlying
documentation to EPA upon request
XVI QUALITY ASSURANCEQUALITY CONTROL
HEALTH AND SAFETY COMPLIANCE
58 While conducting sample collection sample analysis
and construction activities required by this Order the City
shall use quality assurance quality control and chain of
custody procedures in accordance with EPAs Interim Guidelines
and Specifications for Preparing Quality Assurance Project Plan
(December 1980 QAMS-00580) Data Quality Objective Guidance
(EPA540G87003 and 004) subsequent amendments to such
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 44
guidelines the Quality Assurance Project Plan (QAPP) approved
under the RIFS Order and additional quality assurance
procedures for construction activities required in the SOW
59 The City shall prepare a Health and Safety Plan as
required and described in the SOW The Health and Safety Plan
shall be consistent with and implement standards promulgated by
the Secretary of Labor pursuant to CERCLA and Section 6 of the
Occupational Safety and Health Act of 1970
XVII SPLIT SAMPLING
60 At the request of EPA or the Maine DEP the City shall
provide split or duplicate samples to EPA and the Maine DEP or
their authorized representatives of any samples collected by the
City pursuant to the implementation of this Order Similarly
the City shall allow such split or duplicate samples to be taken
by EPA the Maine DEP andor their authorized representatives
The City shall notify EPA and the Maine DEP not less than thirty
(30) days or such lesser time as approved by the EPA RPM in
advance of any sample collection activity Not less than twenty-
one (21) days in advance of sample collection or such lesser
time as approved by the RPM the City shall notify EPA and the
Maine DEP of the sampling date sampling media and the number of
Administrative Order By Convent for Removal Action Saco Hunicipal Landfill Superfund Site Page 45
samples from each media EPA and the Maine DEP shall conduct any
sampling activities in a reasonable manner Upon request EPA
and the Maine DEP shall allow the City to take split or duplicate
samples of any samples they collect as part of their oversight of
the Citys implementation of the Work
XVIII RECORD PRESERVATION
61 During the pendency of this Order and for a period of
not less than six (6) years after EPA approval of the Final
Completion of Removal Action Report the Respondents shall
preserve all records and documents in their possession which
relate in any way to the performance of activities required under
this Order notwithstanding any document retention policy to the
contrary provided that this Paragraph shall not apply to copies
of documents that are generated by the City EPA or the State of
Maine related to this Order that are in the custody of any Non-
Performing Respondent This Paragraph does not alter the
document retention requirements of the RIFS Order and the Cost
Recovery Administrative Agreement The City shall instruct its
consultants contractors and agents to preserve all records and
documents in their possession which relate to the performance of
the activities required under this Order At the conclusion of
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 46
this document retention period the Respondents shall notify JlPA
and the Maine DEP at least ninety (90) days prior to the
destruction of any such records or documents The Respondents
shall send such notice accompanied by a copy of this Order to
Office of Regional Counsel US Environmental Protection Agency JFK Federal Building Boston MA 02203 Attention Saco Municipal Landfill Superfund Site Re Administrative Order by Consent for Removal Action
and Wilkes Harper Maine DEP Bureau of Remediation and Waste Management 17 State House Station Augusta ME 04333-0017
Upon request by EPA the Respondents shall deliver to EPA any or
all such non-privileged records and documents or copies of any
such non-privileged records and documents The Settling Parties
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 Parties
assert such a privilege they shall provide the EPA with the
following (l) the title of the document record or
information (2) the date of the document record or
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 47
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 Parties However no documents reports or other
information created or generated to meet the requirements of the
Order shall be withheld on the grounds that they are privileged
If EPA does not elect to take delivery of any records or
documents or copies thereof upon request by the Maine DEP the
Respondents shall deliver the requested records and documents or
copies thereof to the Maine DEP If neither EPA nor the Maine
DEP elect to take delivery of any records documents or copies
within 90 days of notice to EPA and the Maine DEP the
Respondents may destroy such records or documents as noticed
XIX CONFIDENTIALITY CLAIMS
62 The City may assert a confidentiality claim if
appropriate covering all or part of the information requested by
this Order pursuant to 40 CFR sect 2203(b) Such an assertion
shall be adequately substantiated when it is made Neither
analytical data nor any information specified in Section
104(e)(7)(F) of CERCLA shall be claimed as confidential by the
Administrative Order By Consent for Removal Action Sm -o Municipal Landfill Suprfund Site Page 48
City Information in EPAs custody which is determined to be
confidential by EPA shall be afforded the protection specified by
40 CFR Part 2 Subpart B and Section 104(e)(7) of CERCLA
Information in MEDEPs custody which is determined to be
confidential by EPA shall be afforded the protection specified by
40 CFR Part 2 Subpart B to the extent provided by applicable
Maine law If no such claim accompanies the information when it
is submitted to EPA and the Maine DEP it may be made available
to the public by EPA and the Maine DEP without further notice to
the City
XX SITE ACCESS
63 The City shall grant access to the Site to EPA and the
Maine DEP and their officers employees agents contractors
consultants and other authorized representatives for purposes of
implementing and monitoring work to be performed urder this
Order during field activities and at all other reasonable times
64 To the extent access to use or ownership of or
easements over property other than the Site is required for the
proper and complete implementation of this Order the City shall
use i_3 best efforts to obtain site access agreements or other
interests in such property within ninety (90) days after the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 49
Orders effective date or within forty-five (45) days of when
EPA and the Maine DEP determine that such access or other
interests become necessary if EPA and Maine DEP first determine
that such access or other interests are necessary after the
effective date of this Order For purposes of this Paragraph
best efforts include but are not limited to providing
reasonable consideration in exchange for access to or other
interests in property
65 Such written access agreements or other interests
obtained pursuant to the preceding Paragraph shall at a minimum
allow the Citys authorized representatives and EPA and the
Maine DEP and their officers employees agents contractors
consultants and other authorized representatives to enter freely
and move about the property during field activities and at all
other reasonable times in order to implement and oversee the
implementation of the Work under this Order consistent with the
other provisions of this Order In the event that the City fails
to obtain any necessary access agreements or other interests
within the time period specified above the City shall notify EPA
and the Maine DEP in writing within five (5) days thereafter
Such notification shall include a description of the efforts made
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 50
by the City to obtain the necessary access and other interests
and the reason for its lack of success The City shall reimburse
EPA for the costs of any action necessary to obtain access as
Extraordinary Response Costs pursuant to and subject to the terms
of Paragraph 82
XXI ENDANGERMENT AND EMERGENCY RESPONSE
66 Upon the occurrence of any event or change of
conditions during implementation of this Order that causes or
threatens any release of hazardous substances pollutants or
contaminants from the Site that endangers the public health
welfare or the environment the City shall immediately take all
appropriate action to prevent abate or minimize such release or
endangerment The City shall also orally notify the EPA and
Maine DEP RPMs within twenty-four (24) hours or in the event of
the EPA RPMs unavailability shall notify within the same period
the Regional Duty Officer of the Emergency Planning and Response
Branch EPA Region I telephone (617) 223-7265 The City shall
act in accordance with all applicable provisions of the Health
and Safety Plan prepared pursuant to the Statement of Work
67 The City shall submit a written report to EPA and the
Maine DEP within seven (7) days after each such event setting
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 51
forth (i) the events that have occurred (ii) the measures caken
and to be taken to mitigate any harm caused or threatened by the
event and (iii) the measures taken and to be taken to prevent
the recurrence of such an event
68 Regardless of whether or not such a report is made to
EPA if EPA determines after reasonable opportunity for review
and comment by the Maine DEP to the extent time permits that
activities in compliance or noncompliance with this Order have
caused or may cause a release of a hazardous substance pollutant
or contaminant that endangers the public health or welfare or the
environment EPA may (i) order the City to stop further
implementation of this Order for such period of time as may be
needed to abate such release or threat (ii) instruct the City to
undertake any action which EPA determines is necessary to abate
such a release or threat andor (iii) undertake any action not
inconsistent with the NCP which EPA determines is necessary to
abate such a release or threat
69 In the event that EPA takes action at the Site to remedy
such a release threat of release or endangerment the City
shall reimburse EPA for the costs of such action not inconsistent
with the NCP as Extraordinary Response Costs pursuant to and
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 52
subject to the terms of Paragraph 82 In the event of a
disagreement between the City and EPA andor the Maine DEP under
this Paragraph the parties shall resolve such dispute in
accordance with the Dispute Resolution provisions in Section
XXIX
XXII ADDITIONAL RESPONSE ACTIONS
70 EPA after reasonable opportunity for review and
comment by the Maine DEP may determine that additional response
actions are necessary to carry out the Removal Action or to meet
the performance standards specified in the Action Memorandum and
the SOW Within 30 days of the Citys receipt of notice from EPA
that additional response actions are necessary (or such longer
time as may be specified by EPA) the City shall submit for EPA
approval after reasonable opportunity for review and comment by
the Maine DEP a work plan for the additional response actions
The plan shall conform to this Order the SOW CERCLA the NCP
and guidance documents identified by EPA Upon EPA approval of
the work plan pursuant to Section XIV (Deliverables Submitted to
EPA) the City shall implement the work plan for additional
response actions in accordance with the schedule contained
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 53
therein All applicable provisions of this Order shall apply to
the performance of additional response actions
71 The City may independently propose that additional
response actions are necessary to carry out the Removal Action or
to meet the performance standards specified in the Action
Memorandum and the SOW In the event EPA after reasonable
opportunity for review and comment by the Maine DEP accepts the
Citys proposal the procedures in the preceding Paragraph shall
govern
72 The City may invoke the procedures set forth in Section
XXIX (Dispute Resolution) to dispute EPAs determination that
additional response actions are necessary to carry out the
Removal Action or to meet the performance standards specified in
the SOW
XXIII OFF-SITE POLICY
73 All hazardous substances pollutants or contaminants
removed off-site pursuant to this Order for treatment storage
or disposal shall be treated stored or disposed of at a
facility in compliance with Section 121(d)(3) of CERCLA as
determined by EPA in accordance with 40 CFR sect 300440 The
removal treatment storage and disposal of all hazardous
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 54
substances pollutants or contaminants she- be in accordancj
with the Maine hazardous waste transportation law to the extent
applicable and all other applicable Maine law
74 The City shall prior to any off-site shipment of
hazardous substances pollutants or contaminants from the Site
pursuant to this Order to an out-of-state waste management
facility provide written notification of such shipment to the
appropriate state environmental official in the receiving
facilitys state and to the EPA RPM and the Maine DEP 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 or where the Maine Hazardous Waste
Management Regulations do not require notification
75 The City shall include in the written notification the
following information (1) the name and location of the facility
to which the hazardous substances pollutants or contaminants
are to be shipped (2) the type and quantity of the hazardous
substances pollutants or contaminants to be shipped (3) the
expected schedule for the shipment and (4) the method of
transportation The City shall notify the state in which the
planned receiving facility is locat d of major changes in the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 55
shipment plan such as a decision to ship the hazardous
substances pollutants or contaminants to another facility within
the same state or to a facility in another state
XXIV OTHER APPLICABLE LAWS
76 Except as otherwise provided pursuant to the next
Paragraph and Section 121(e) of CERCLA all activities undertaken
by the City pursuant to this Order shall be performed in
accordance with the requirements of all applicable federal and
state laws and regulations
77 Solely with regard to on-site activities and in
accordance with 40 CFR sect 300415(i) such activities
undertaken on the Site by the City pursuant to this Order shall
attain applicable or relevant and appropriate requirements
(ARARs) under federal and state environmental laws to the
extent practicable considering the exigencies of the situation
as determined by EPA EPA has determined that the ARARs
specified in the Action Memorandum are practicable to attain for
construction of the landfill cap and sediment removal
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 56
XXV COMMUNITY RELATIONS
78 EPA shall be responsible for preparing a Community
Relations Plan and conducting a community relations program The
City and the Consultant engaged to conduct the Removal Action
under this Order shall consistent with the Community Relations
Plan (i) attend and participate in public meetings regarding
the Site to the extent specified by the RPM (ii) prepare fact
sheets concerning the Site and activities conducted under this
Order for submission to the RPM and (iii) provide timely and
appropriate responses to inquiries from the public at the request
of the RPM
XXVI FINANCIAL ASSURANCE INSURANCE
79 Within thirty (30) days after the effective date of
this Order and annually thereafter until EPA approval of the
Final Completion of Removal Action Report the City shall
demonstrate in writing to EPA that it meets one (1) of the
financial assurance mechanisms specified in 40 CFR sect 264143
for the estimated $60 million cost of work to be performed by
the City under this Order If the City can show that the
estimated cost to complete the remaining Work has diminished
below the total estimated cost of the Work the City may on any
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 57
anniversary date of the effective date of this Order or at any
other time agreed to by the Parties reduce the amount of the
financial assurance provided under this Section to the estimated
cost of the remaining Work to be performed The City shall
submit a proposal for such reduction to EPA and the Maine DEP in
accordance with the requirements of this Section and may reduce
the amount of the assurance upon approval by EPA after reasonable
opportunity for review and comment by the Maine DEP In the
event of a dispute the City may reduce the amount of the
assurance in accordance with the final administrative decision
resolving the dispute under the Dispute Resolution Section
80 At least seven (7) days prior to commencing any on-site
work under this Order the City shall secure through itself or
its consultant and shall maintain for the duration of this
Order comprehensive general liability and automobile insurance
with limits of two (2) million dollars combined single limit
The United States and the Maine DEP shall each be named as an
additional insured for all such insurance policies except
automobile insurance policies Within the same time period the
City shall provide EPA and the Maine DEP with certificates of
such insurance and a copy of each insurance policy If the City
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 58
demonstrates to EPA that any Consultant contractor or
subcontractor maintains insurance equivalent to that described
above or insurance covering the same risks but in a lesser amount
and with EPA and the Maine DEP named as insureds then the City
need provide only that portion of the insurance described above
which is not maintained by the Consultant contractor or
subcontractor
81 For the duration of this Order the City shall satisfy
or shall ensure that its Consultant contractors and
subcontractors satisfy all applicable laws and regulations
regarding workers compensation insurance for all persons
performing the Work on behalf of the City in furtherance of this
Order
XXVII REIMBURSEMENT OF EPA EXTRAORDINARY RESPONSE COSTS
82 The City shall reimburse the Hazardous Substances
Superfund for all Extraordinary Response Costs not inconsistent
with the NCP including interest incurred after the effective
date of this Order by the United States in connection with the
Removal Action or the implementation of this Order pursuant to
Paragraphs 52d 65 69 102 and 104 including without
limitation Extraordinary Response Costs incurred by EPA under or
Administrative Order By Connent for Removal Action Saco Municipal Landfill Superfund Site Page 59
in connection with a contract or arrangement between EPA and a
qualified person to assist EPA in conducting activities required
under this Order pursuant to Paragraphs 52d 65 69 102 and
104 Reimbursable Extraordinary Response Costs shall include all
direct costs related to Paragraphs 52d 65 69 102 and 104 and
all indirect costs related to Paragraphs 52d 65 69 102 and
104 calculated in accordance with EPA policy or EPA regulations
in effect at the time that the costs are incurred including
without limitation time and travel costs of EPA personnel
contractor costs costs under a cooperative agreement costs
related to resolving disputes which arise under this Order
related to Work performed by EPA pursuant to Paragraphs 52d 65
69 102 and 104 enforcing obligations arising from EPAs
performance of Work pursuant to Paragraphs 52d 65 69 102 and
104 of this Order the costs of doing andor redoing any of the
Citys obligations under this Order with respect to Paragraphs
52d 65 69 and 102 of this Order EPA contractor and
cooperative agreement costs related to access and community
relations with respect to Paragraphs 52d 65 69 102 and 104
of this Order and any interest that accrues from the date on
which payment becomes due pursuant to the next Paragraph
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 60
83 On an annual basis EPA will submit to the City an
accounting of costs related to this Order that EPA has incurred
and a bill for Extraordinary Response Costs incurred by EPA with
respect to Paragraphs 52d 65 69 102 and 104 of this Order if
EPA has incurred any such costs This bill will consist of a
line-item summary of costs incurred during the preceding year
the summary will include a breakdown of costs by category
including without limitation payroll travel indirect costs and
contracts and a brief narrative of work related to such costs
(generally one to two paragraphs in length) The City shall
within thirty (30) days after receipt of each such bill remit a
certified check payable to the Hazardous Substances Superfund for
the amount of such bill The City shall include the name of the
Site the Site identification number (01-B9) and the docket
number for this Order on the check and mail the check with a
cover letter to
US Environmental Protection Agency Region I
Attn Superfund Accounting PO Box 360197 M
Pittsburgh PA 15251
A copy of the transmittal letter and the check shall be provided
simultaneously to the EPA Remedial Project Manager
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 61
84 If the City disputes a bill or any portion of a bio1
submitted by EPA the City may initiate dispute resolution
pursuant to the procedures of Section XXIX provided however
that the City notify EPA in writing within thirty (30) days after
receipt of the disputed bill and that the City pay all undisputed
portions of the bill in accordance with the provisions of this
Reimbursement Section Unless a determination is made under
dispute resolution that the City is not obligated to pay the
disputed portion of the bill the time for payment of the
disputed portion shall remain the original payment due date
interest shall accrue on any unpaid portion of the bill from the
original payment due date and EPA may seek stipulated penalties
or otherwise act to enforce the Citys compliance with this
Section and the Order If the City fails to raise a dispute
within thirty (30) days of its receipt of the bill the City
remains obligated for payment of the entire amount of the bill on
the original payment due date interest shall accrue on any
unpaid portion of the bill from the original payment due date
and EPA may seek stipulated penalties or otherwise act to enforce
the Citys compliance with this Section and the Order
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 62
XXVIII FORCE MAJEPRE
85 With respect to the Citys compliance with any deadline
for performance of activities under this Order any interim or
final time deadline or any Deliverables schedule set forth in
this Order or SOW no stipulated penalties or other sanctions
will be imposed for delay directly caused by the following events
which could not have been overcome by the Citys due diligence
(i) an act of God or (ii) the public review and comment process
as described in or required by Sections XXII (Additional Response
Actions) or Section XXV (Community Relations) of this Order so
long as the City timely submits all deliverables and meets other
requirements related to those Sections or (iii) any other event
arising from causes beyond the control of the ity including its
consultants contractors and agents However increases in the
cost of performance of the Removal Action shall not excuse
compliance or affect the applicability of the penalty provisions
or other sanctions which are provided for under this Order
Deadlines for performance of activities under this Order
including interim or final time deadlines and Deliverables
schedules set forth in this Order or SOW may be extended only to
the extent that delays caused by conditions specified in (i)
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 63
(ii) and (iii) above materially interfered with or prevented the
Citys execution of its responsibilities during the period of
such delay and no penalties or sanctions will become due for
activities which meet any deadline so extended The City further
agrees to use its most diligent efforts to minimize any delay
which may result The City acknowledges that it will have the
burden of justifying the rationale for delay in performance under
this Section
86 The City shall orally notify the EPA RPM and the Maine
DEP within forty-eight (48) hours of when the City first knew
that the event might cause a delay and shall identify with
specificity the cause of such delay and the estimated duration of
such delay Within seven (7) days after the City first becomes
aware that such event might cause a delay the City shall supply
to EPA and the Maine DEP in writing an explanation of the
cause(s) of any actual or expected delay or noncompliance the
anticipated duration of any delay the measures taken and to be
taken by the City to prevent or minimize the delay or correct the
noncompliance and the timetable for implementation of such
measures Failure to notify EPA and the Maine DEP shall result
in a waiver of the Citys right to assert that the delay should
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 64
be excused under the terms of this Section for the period of time
of such failure to notify and for any additional delay caused by
such failure The City shall be deemed to know of any
circumstance of which the City any entity controlled by the
City or the Citys contractors or subcontractors knew or should
have known In the event of a disagreement under this Section
the parties shall resolve such disagreement in accordance with
the Dispute Resolution Section of this Order Section XXIX
87 If EPA after reasonable opportunity for review and
comment by the Maine DEP determines that a delay in performance
of a requirement under this Order is or was attributable to an
event specified in (i) through (iii) of Paragraph 85 above the
time period for performance of that requirement shall be extended
by EPA to the extent necessary Such an extension shall not
alter the Citys obligation to perform or complete other tasks
required by the Order which are not directly affected by the
force majeure event If EPA after a reasonable opportunity for
review and comment by the Maine DEP does not agree that the
delay or anticipated delay has been or will be caused by such
an event EPA will notify the City in writing of its decision
If EPA after a reasonable opportunity for review and comments by
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 65
the Maine DEP agrees that the delay is attributable to such an
event EPA will notify the City in writing of the length of the
extension if any for performance of the obligations affected by
the event
XXIX DISPUTE RESOLUTION
88 If the City objects to any EPA notice of disapproval or
decision made pursuant to this Order including any decision
which has resulted in the assessn it of stipulated penalties any
scheduling matter or in the event of circumstances that arise
that are subject to the Citys right to invoke Dispute Resolution
elsewhere in this Order or in the Cost Recovery Administrative
Agreement the City shall notify EPA and the Maine DEP in writing
of its objections within five (5) days of receipt of the notice
decision or other circumstance EPA in consultation with the
Maine DEP and the City shall communicate on the disputed matter
and shall have fourteen (14) days from the receipt by EPA and the
Maine DEP of the notification of objection to reach agreement
If agreement cannot be reached on any issue within this fourteen
(14) day period the City shall have five (5) additional days to
submit its position in writing to the EPA Director of OSRR The
Director of OSRR after reasonable opportunity for review and
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 66
comment by the Maine DEP shall provide a written determination
to the City within five (5) days of receipt of that
determination unless EPA agrees to a later time the City shall
initiate implementation of the activities required by the EPA in
accordance with the schedule provided by EPA which schedule
shall be subject to Dispute Resolution unless it has already
been or could have been subject to Dispute Resolution Except
as specifically provided herein dispute resolution among the
parties shall not be cause for the delay of the Work In
addition stipulated penalties as set out below if applicable
will continue to accrue during the dispute resolution period
except as provided in Paragraphs 94 and 95 No EPA decision made
pursuant to this Paragraph shall constitute a final Agency action
giving rise to judicial review
89 In the event that the City does not implement the
activities required by the EPA determination pursuant to
Paragraph 88 EPA or the Maine DEP may take such enforcement
actions against the City as may be provided by statutory or
equitable authorities including but not limited to the
assessment of such civil penalties or damages as are authorized
by Sections 122 and 109 of CERCLA and Maine law
Administrative Order By Conaent for Removal Action Saco Municipal Landfill Superpoundund Site Page 67
XXX STIPULATED
90 The Respondents shall be liable to EPA and MEDEP for
stipulated penalties in the amounts set forth in this Section for
failure to comply with the requirements of this Order andor the
SOW unless compliance is excused by EPA under Section XXVIII
(Force Majeure) Compliance by the City shall include but not
be limited to the timely and adequate submission of Deliverables
and performance of activities under this Order in accordance with
all applicable requirements of law this Order the SOW and any
Deliverables which have received EPA Approval or the Performing
Respondents Certification pursuant to this Order Compliance
by the Non- Per forming Respondents shall mean timely compliance
with Paragraph 96 of this Order
91 The following stipulated penalties shall be payable per
violation per day to EPA and MEDEP jointly in accordance with
Paragraph 94 for any noncompliance except those identified in
Paragraphs 92 or 93
Penalty Pet Violation Period of Noncompliance Per Day _
$ 750 1st through 14th day $ 1500 15th through 30th day $ 3000 31st day and beyond
Administrative Order By Concent for Removal Action Saco Municipal Landfill Superfund Site Page 66
92 The following stipulated penalties shall be payable per
violation per day to EPA and the MEDEP jointly in accordance with
Paragraph 94 for the submission or resubmission of an untimely or
substantially defective 100 NTCRA Design or an untimely or
substantially defective Final Completion of Removal Action Report
pursuant to the SOW
Penalty Per Violation Period of Toncompliance Per Day
$ 1500 1st through 14th days $ 3000 15th day through 30th day $ 5000 31st day and beyond
93 In the event that the City fails to submit timely or
adequate progress reports or meeting letter reports pursuant to
the SOW the City shall be liable to EPA and MEDEP jointly in
accordance with Paragraph 94 for stipulated penalties of $500
(five hundred dollars) per violation per day
94 Penalties shall begin to accrue on the day after
performance 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 except that
stipulated penalties shall not accrue (1) with respect to any
Disapproval with Modification Required or Disapproval with EPA
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 69
Modification under Section XIV of this Order during the period
if any beginning on the 31st day after EPAs receipt of such
submission until the date that EPA notifies the City of any
deficiency (2) with respect to a decision by the Director of the
Office of Site Remediation and Restoration under Section XXIX of
this Order during the period if any beginning on the 21st day
after the date the Citys reply to EPAs Statement of Position is
due until the date the Director issues a final decision regarding
such dispute and (3) beyond thirty days after the Director of
the Office of Site Remediation and Restoration issues a final
decision regarding a dispute about a Deliverable Disapproved with
EPA Modification pursuant to Paragraph 52d Any penalty
otherwise accruing under Paragraphs 91 92 or 93 shall be due and
payable within thirty (30) days of the receipt of a written
demand by EPA or the Maine DEP except as provided in aragraph
95 In assessing stipulated penalties for delay caused by a
negative referendum vote on future funding necessary for timely
compliance with this Order EPA and Maine DEP shall weigh all
considerations including the length of the delay caused by the
vote and efforts by City officials to inform the voters about
the need for funding- provided however that a negative
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 70
referendum vote on funding necessary for timely compliance with
this Order shall not affect the Citys obligations to comply with
this Order or any schedule contained herein Stipulated
penalties shall be divided between EPA and the Maine DEP in the
following manner 75 for EPA and 25 for the Maine DEP
Payment of EPAs portion of such penalty shall be made by
certified check payable to the Hazardous Substances Superfund
and mailed to the following address with a notation of the docket
number of this Order
Region I US Environmental Protection Agency
Attn Superfund Accounting PO Box 360197 M
Pittsburgh PA 15251
A copy of the certified check to EPA shall be sent to the
Remedial Project Manager within five (5) days of payment
Payment of the Maine DEPs portion of such penalty shall be made
by certified check payable to the Maine Uncontrolled Sites Fund
and mailed to the following address
Director Division of Sites Investigation amp Remediation Maine DEP
State House Station 17 Augusta ME 04333
Administrative Order By Concent for Removal Action Saco Municipal Landfill Superfund Site Page 71
A copy of the certified check to the Maine DEP shall be sent to
the Maine DEP Project Manager within five (5) days of payment
The stipulated penalties set forth in this Section do not
preclude EPA or the Maine DEP from electing to pursue any other
remedies or sanctions which may be available to EPA or the Maine
DEP by reason of the Respondents failure or refusal to comply
with any requirement of this Order Such remedies and sanctions
include without limitation injunctive relief the assessment of
such civil penalties or damages as are authorized by Sections 122
and 109 of CERCLA or state law or the performance of a
federally-funded response action or state-funded response action
and a corresponding suit for reimbursement of costs incurred by
the United States or the State of Maine Notwithstanding any
other provision of this Section EPA may in its unreviewable
discretion waive any portion of stipulated penalties that have
accrued pursuant to this Order
95 If the City invokes dispute resolution regarding any
decision which has resulted in the assessment of stipulated
penalties stipulated penalties shall continue to accrue during
the dispute resolution process except as otherwise provided in
this Order Within thirty (30) days after receipt of the EPA
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 72
determination rendered pursuant to Paragraph 88 in which EPA
prevails in whole or in part the City shall pay pursuant to
Paragraph 94 the stipulated penalties arising from those matters
on which the City does not prevail At that time the City shall
also pay interest on any stipulated penalties which had accrued
up to the day the City invoked Dispute Resolution If the City
prevails on the disputed matter then no stipulated penalties are
due
XXXI PAYMENT BY NON-PERFORMING PARTIES
96 By May 30 1997 each Non-Performing Respondent shall
pay its individual share of the total sum of $97050000 into a
qualifying settlement fund for the City to use to undertake
response activities related to the Site Payment shall be made
by certified check payable to KeyBank National Assoc (Attn
Leon J Bien) Escrow Agent and mailed with a transmittal letter
to the following address
KeyBank National Association Escrow Agent One Canal Plaza Portland Maine 04101
Attn Mr Leon J Bien
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 73
Non-Performing Respondents shall provide notice of such payment
to EPA by mailing a copy of the transmittal letter and check to
the EPA RPM at the address set forth in Section XI of this Order
XXXII CIVIL PENALTIES FOR NONCOMPLIANCEENFORCEMENT
97 The City is advised that violations of this Order or
any portion thereof may subject it to civil penalties of up to
$25000 per violation and $25000 for each day in which such
violation continues as provided in Sections 106(b)(1) 109 and
122 of CERCLA 42 USC sectsect 9606(b)(l) 9609 and 9622 The City
may also be subject to damages in an amount up to three times the
amount of any cost incurred by the United States as provided in
Section 107(c)(3) of CERCLA 42 USC sect 9607(c)(3) Violations
of this Order also may subject the City to civil penalties
injunctive actions and cost reimbursement under Maine law
including without limitation 38 MRSA Sections 347-A 348
349 1365 1366 and 1367 (1989 and Supp 1997)
XXXIII COVENANT NOT TO SUE DENIAL OF LIABILITY
98A In consideration of the actions that will be
performed and the payments that will be made by the Respondents
under the terms of this Order and except as specifically
provided in Section XXXV of this Order EPA covenants not to sue
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 74
or to take administrative action against the Respondents pursuant
to Sections 106 and 107(a) of CERCLA or Section 7003 of RCRA for
the Work this Order including performance of the Removal
Action and for recovery of all Extraordinary Response Costs
associated with this Order incurred by EPA and paid by the City
With respect to the City these covenants not to sue shall i)
take effect for Work completed prior to EPAs approval of the
Completion of Removal Action Report upon notification by EPA that
the City has completed all construction activities required under
this Order and the City has submitted and EPA has approved the
Completion of Removal Action Report and ii) take effect for Work
completed after EPAs approval of the Completion of Removal
Action Report upon notification by EPA that the City has
completed all actions required under this Order (including all
Post-Removal Site Control and reimbursement of Extraordinary
Response Costs) These covenants not to sue shall take effect
with respect to the Non-Performing Respondents upon notification
by the Non-Performing Respondents that they have complied with
Paragraph 96 of this Order These covenants not to sue are
conditioned upon the satisfactory performance by the Respondents
of their respective obligations under this Order These
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 75
covenants not to sue extend only to the Respondents and do not
extend to any other person Under this Order Respondents are
not released from liability if any for any actions taken beyond
the terms of this Order regarding other removal actions remedial
investigationfeasibility studies related to any other operable
unit remedial designremedial action related to any other
operable unit operation and maintenance of any other remedial
action or activities arising pursuant to Section 121(c) of
CERCLA 42 USC sect 9621(c)
B In consideration of the actions that will be performed
and the payments that will be made by the Respondents under the
terms of this Order and except as specifically provided in
Section XXXV of this Order the State of Maine covenants not to
sue or to take administrative action against the Respondents
pursuant to Section 107(a) Of CERCLA 38 MRSA Sections 1304
and 1365 (1989 and Supp 1997) and other applicable state law
including common law for the Work this Order including
performance of the Removal Action the RIFS Order and the
activities thereunder and for recovery of all response costs
associated with this Order fully addressed by an EPA cooperative
agreement and any grants or payments made by the State to the
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Superfund Site Page 76
City to reimburse the City for landfill capping costs and
including all activities required to be performed and costs
related thereto under Prior MEDEP Orders and Consent Decrees to
the extent that they are inconsistent with this Order and any
such Prior MEDEP Orders and Consent Decrees are hereby superseded
to the extent that they are inconsistent with this Order With
respect to the City these covenants not to sue shall i) take
effect for Work completed prior to EPAs approval of the
Completion of Removal Action Report upon notification by EPA that
the City has completed all construction activities required under
this Order and the City has submitted and EPA has approved the
Completion of Removal Action Report and ii) take effect for Work
completed after EPAs approval of the Completion of Removal
Action Report upon notification by EPA that the City has
completed all actions required under this Order (including all
Post-Removal Site Control and reimbursement of Extraordinary
Response Costs) These covenants not to sue shall take effect
with respect to the Non-Performing Respondents upon notification
by the Non-Performing Respondents that they have complied with
Paragraph 96 of this Order These covenants not to sue are
conditioned upon the satisfactory performance by the Respondents
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Superfund Site Page 77
of their respective obligations under this Order These
covenants not to sue extend only to the Respondents and do not
extend to any other person Under this Order Respondents are
not released from liability if any for any actions taken beyond
the terms of this Order regarding other removal actions remedial
investigationfeasibility studies related to any other operable
unit remedial designremedial action related to any other
operable unit or operation and maintenance of any other remedial
action
99 The execution of this Order and Respondents
participation herein is not an admission by the Respondents of
liability with respect to any issue dealt with in this Order nor
is it an admission by the Respondents of any Finding of Fact
Conclusion of Law or Determination contained in this Order
Furthermore the participation of Respondents in this Order shall
not be considered an admission of liability and is not admissible
in evidence against the Respondents in any judicial or
administrative proceeding other than (a) a proceeding by the
United States including EPA or the State of Maine including
the Maine DEP to enforce this Order or a judgment relating to
it or (b) a proceeding to enforce any agreement between the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 78
Performing Respondent and Non-Performing Respondents regarding
the Site or to enforce a judgment related to such agreement
XXXIV CONTRIBUTION PROTECTION
100 With regard to claims for contribution against the
Respondents the Parties hereto agree that the Respondents are
entitled to such protection from contribution actions or claims
as is provided by Section 113(f)(2) of CERCLA 42 USC
sect 9613 (f) (2) and 38 MRSA sect 348(4) for all matters
addressed by this Order The matters addressed are Past
Response Costs RIFS Response Costs Response Costs Oversight
Costs Extraordinary Response Costs all costs incurred by the
State of Maine related to Prior MEDEP Orders and Consent Decrees
for which reimbursement may be sought payments pursuant to
Paragraph 96 and Work The Parties agree that the Respondents
are entitled to such protection upon the effective date of this
Order Nothing in this Order precludes the United States the
Maine DEP or Respondents from asserting any claims causes of
action or demands against any persons not parties to this Order
for indemnification contribution or cost recovery
XXXV EPAS AND THE STATES RESERVATION OF RIGHTS
101 A The covenants not to sue set forth in Section
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 79
XXXIII do not pertain to any matters other r n these expressly
specified in that Section EPA reserves and this Order is
without prejudice to all rights against each Respondent with
respect to all other matters including but not limited to the
following
a claims based on a failure by any Respondent to meet any
requirement specified for that Respondent under this Ordershy
b liability arising from the past present or future
disposal release or threat of release of hazardous
substances pollutants or contaminants outside of the Site
c liability arising from future disposal at the Site other
than as provided in the Action Memorandum or this Order or
otherwise ordered by EPA
d liability for damages for injury to destruction of or
loss of natural resourcesshy
e liability for response costs that have been or may be
incurred by the National Oceanic and Atmospheric
Administration and the Department of the Interiorshy
f criminal liability
g liability for violations of federal or state law which
occur during or after implementation of the Removal Actionshy
Administrative Order By Conaent for Removal Action Saco Municipal Landfill Superfund Site Page 80
h liability for response costs incurred at the Site which
are not addressed by Section XXVII of this Order
(Reimbursement of EPA Extraordinary Response Costs) or by
the Cost Recovery Administrative Agreement (Docket No
CERCLA 1-97-1010) and
i liability for response actions at the Site that are not
required to be performed by the City pursuant to this Order
B The covenants not to sue set forth in Section XXXIII do not
pertain to any matters other than those expressly specified in
that Section The State of Maine reserves and this Order is
without prejudice to all rights against the Respondents with
respect to all other matters including but not limited to the
following
a claims based on a failure by any Respondent to meet any
requirement specified for that Respondent under this Order
b liability arising from the past present or future
disposal release or threat of release of hazardous
substances pollutants or contaminants outside of the Siteshy
c liability for damages for injury to destruction of or
loss of natural resources
d criminal liabilityshy
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 81
e liability for violations of federal or state law wh^ch
occur during or after implementation of the Removal Action
g liability for Oversight Costs incurred by the State at
the Site to the extent that they are not fully addressed by
future cooperative agreements between EPA and MEDEP and
h liability for response actions at the Site that are not
required to be performed by the City pursuant to this Order
102 EPA retains the right to undertake any obligations of
the City under this Order provided that EPA has determined that
one of the following conditions has been met the City has ceased
implementation of any portion of the Work is seriously or
repeatedly deficient or late in their performance of the Work
has failed to comply with this Order or is implementing the Work
in a manner which may cause an endangerment to human health or
the environment If EPA undertakes any obligations under this
Order pursuant to this Paragraph including implementation of
institutional controls the City must reimburse EPA for all costs
incurred as a result of the takeover that are consistent with the
NCP as Extraordinary Response Costs The City may invoke the
procedures set forth in Section XXIX (Dispute Resolution) to
dispute EPAs determination that takeover of the obligations of
Administrative Order By Consent for Removal Action Slaquoco Municipal Landfill Superfund Site Page 82
the City under this Order is warranted or that the costs incurred
were consistent with the NCP
103 Notwithstanding any other provision of this Order
except as set forth in Section XXXIII (Covenant not to Sue) EPA
and the State of Maine shall retain all of their response
information gathering entry inspection and enforcement
authorities and rights under CERCLA and under any other
applicable law regulation or permit
104 The City shall reimburse EPA for costs incurred by the
United States to enforce this Order or the Cost Recovery
Administrative Agreement as Extraordinary Response Costs in
accordance with the reimbursement procedures provided by Section
XXVII (Reimbursement of Extraordinary Response Costs)
XXXVI RESPONDENTS COVENANT NOT TO SUE
105 Covenant Not to Sue Subject to the reservations in
Paragraphs 106 and 107 Respondents hereby covenant not to sue
and agree not to assert any claims or causes of action against
the United States or the State including any department agency
or instrumentality of the United States or State with respect to
this Order including but not limited to
a any direct or indirect claim for reimbursement from
Administrative Order By Conaent for Removal Action Saco Municipal Landfill Superfund Site Page 83
the Hazardous Substance Superfund (established pursuant to the
Internal Revenue Code 26 USC sect 9507) through CERCLA Sections
106(b)(2) 107 111 112 113 or any other provision of law
b any claims under CERCLA Sections 107 or 113 related
to this Order
c any claims for payment under sections 106(b) 111
and 112 of CERCLA the Constitution of the United States the
Tucker Act 28 USC sect 1491 or at common law against the State
EPA or the Hazardous Substance Superfund arising out of any
action performed under this Order any related access matters
and related institutional controls or
d any claims arising out of response activities in
connection with this Order including claims based on EPAs and
the States selection of response actions oversight of response
activities or approval of plans for such activities
XXXVII RESPONDENTS RESERVATION OF RIGHTS
106 The Respondents reserve and this Order 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 wrongful act or
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 84
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 USC sect 2671 nor
shall any such claim include a claim based on EPAs selection of
response actions or the oversight or approval of the
Respondents plans or activities The foregoing applies only to
claims which are brought pursuant to any stat- -e other than
CERCLA and for which the waiver of sovereign immunity is found in
a statute other than CERCLA
107 Except as set forth in this Order the Respondents
expressly reserve all rights and defenses that each or any of
them may have in law or in equity for any claims or causes of
action it may have against any party including the United States
and the State and their respective agencies departments and
instrumentalities Any claims not expressly waived by the
Respondents shall be deemed reserved Notwithstanding any
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 85
obligations in this Order requiring the Respondents to make any
records documents or any other materials available to EPA
nothing herein shall be construed to be a waiver of any rights
Respondents may have to assert the attorney-client privilege or
the attorney work product doctrine as to those materials except
where such materials contain information specified in section
104(e)(6)(F) of CERCLA 42 USC sect 9604(e)(6)(F)
XXXVIII OTHER CLAIMS
108 Except as expressly provided in Section XXXIII
(Covenant Not to Sue) nothing in this Order constitutes a
satisfaction of or a release from any claim or cause of action
against the Respondents or any person not a party to this Order
for any liability such person may have under CERCLA other
statutes or the common law including but not limited to any
claims of the EPA for costs damages and interest under sections
106(a) and 107(a) of CERCLA This Order does not constitute a
preauthorization of funds under section 111(a)(2) of CERCLA No
action or decision by EPA pursuant to this Order shall give rise
to any right to judicial review except as set forth in section
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 86
113(h) of CERCLA
XXXIX INDEMNIFICATION
109 The United States and the State do not assume any
liability by entering into this Order or without limitation by
virtue of any designation of the City as EPAs authorized
representative under section 104(e) of CERCLA 42 USC
sect 9604(e) The City agrees to indemnify and save and hold
harmless the United States Government the State of Maine and
their agencies departments agents officers employees and
representatives from any and all claims or causes of action
arising from or on account of negligent acts or omissions of the
City its officers employees agents servants receivers
successors trustees assignees or contractors in carrying out
the activities pursuant to this Order including but not limited
to any claims arising from any designation of the City as EPAs
authorized representative under section 104 (e) of CERCLA 42
USC sect 9604(e) Neither the United States nor the State shall
be held out as a party to or in any other way be held liable
under any contract entered into by the City or by the Consultant
or any contractor in carrying out the activities pursuant to this
Order Neither the City nor any such Consultant or contractor
Administrative Ordr By Consent for Removal Action Saco Municipal Landfill Suprfund Sit Fag 87
shall be considered an agent of the United States or the State
Notwithstanding any of the above this agreement to indemnify and
hold harmless does not include claims or causes of action arising
from or on account of acts or omissions of the United States and
its agencies departments agents officers employees and
representatives
XXXX WAIVER OF SETTLEMENT CONFERENCE
110 In consideration of the communications among the
Respondents and EPA regarding the terms of this Order prior to
its issuance the Respondents hereby agree that there is no need
for a settlement conference prior to the effective date of this
Order
XXXXI MODIFICATION OF ORDER
111 This Order with the exception of the Statement of Work
(Appendix B) or attachments or Deliverables thereunder may only
be modified upon the written agreement of EPA by signature of the
Director of the Office of Site Remediation and Restoration the
Maine DEPs Director of the Bureau of Remediation and Waste
Management and an authorized officer of each of the Respondents
The Statement of Work any attachments thereto or any accepted
Deliverables may be modified upon signature of the EPA Geographic
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 88
Section Chie subject to the Citys right to invoke Dispute
Resolution
XXXXII SEPARATE DOCUMENTS
112 This Order may be executed in two or more counterparts
each of which shall be deemed an original but all of which
together shall constitute one and the same instrument
XXXXIII EFFECTIVE DATE
113 This Order shall be effective five (5) days after the
City receives notice that the Director of the Office of Site
Remediation and Restoration has signed the Order All times for
performance of activities under this Order shall be
calculated from the effective date
XXXXIV TERMINATION
114 Prior to but no later than 180 days after the
effective date of this Order the City or EPA may terminate this
Order if the Cost Recovery Administrative Agreement is not
effective within ninety (90) days of the effective date of this
Order Notwithstanding this Paragraph the City shall complete
at least ninety-five percent (95) of the final design of the
Removal Action
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 89
IT IS SO AGREED AND ORDERED BY
Al bull Linda M Murphy D i r c to r Dat Office of Site Remediation and Restoration EPA Region I
Administrative Order By Consent for Removal Action Saco Municipal landfill Superfund Site Page 90
The undersigned representatives of the Respondents certify that they are fully authorized to enter into the terms and conditions of this Order and bind the parties they represent to this document
ROBUS LEATHER CORPORATION FKA GEORGE NEWMAN amp COMPANY SUCCESSOR BY LAW TO BIDDEFORD INDUSTRIES INC
By Thomas Robinson President and Ghiof FinancialmdashOffaooy f Robus Leather Corporation 1100 W Hutchinson Lane Madison IN 47250 Tel (812) 273-4183
TO 833388888888881 P0309 MPY 27 97 16=01 FR HflLE RND DORR LuF DC
Administrative Ordar By Consent for Removal Saco Municipal Landfill Suparfund Site Pag 91
CL HAUTHAWAY amp SONS CORPORATION
By Leppoldo ampJohnson Date CL Hautna ay amp Sons Corp 638 Summer Street Lynn MA 01905-2092
fa
Administrative Order By Consent for Removal Action Saoo Municipal Landfill Superfund Site Page 92
GABRIEL ELECTRONICS INC
By
Frank E Gemme Date President Gabriel Electronics Incorporated Libby Road PO Box 70 Scarborough ME 04070 Tel (207) 883-5161
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 93
LITTON INDUSTRIES INC
By Camp^tf-Jtae^^c^S
Carol WiesnerVice President and Controller Litton Industries Inc 21240 Burbank Boulevard Woodland Hills California 91367 Tel (818) 598-5246
May 27 1997
Date
Adni-tniBtrativc Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 94
LYN-FLEX INDUSTRIES AN UNINCORPORATED DIVISION OF DER-TEX CORPORATION
By gt 1997
Jerome Linder Date President Der-Tex Corporation 360 Merritnack Street Lawrence Massachusetts 01843 Tel (508) 686-0154
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 95
MILLIPORE CORPORATION
By At Jef frpoundy Ttyidin EsqVice President and General Counsel Millipore Corporation 80 Ashby Road Bedford MA 01730 Tel (617) 533-2044
May 21 1997 Date
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 96
NIKE INC
Coburn Date eheral Counsel Nike Inc 1 Bowerman Drive Beavertotm OR 97005-6453 Tel 503shy
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 97
ZENECA INC
61097
Glenn M Engelmann Date Vice President General Counsel and Secretary Zeneca Inc Successor to Polyvinyl Chemicals Inc
Addrespoundeneca Inc Successor to Polyvinyl Chemicals Inc
1800 Concord Pike PO Box 15438
Wilmlngotn PR
Tel(302) 886-3244
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 98
SACO DEFENSE INC
By j i e s R V i e g Date Vice Chairman Saco Defense Inc 291 North Street Saco Maine 04072 Tel (270) 283-3611
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 99
CHAMPION INTERNATIONAL CORPORATION
pound By x^gt^^w^ (- (^W^ lt May 27 1997
Stephen B Brown Date ampAVice President and General Counsel
Champion International Corporation One Champion Plaza Stamford Connecticut 06921 Tel (203) 358-6476
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 100
BEMIS COMPANY INC
By -^^lt^^^ 52297 Richard Pry^r Date Corporate Risk Manager Bemis Company Inc 222 South 9th Street Suite 2300 Minneapolis Minnesota 55402-4099 Tel (612) 376-3085
Administrative Order By Consent for Removal Action Saco Municipal Landfill Suporfund Site Page 101
CITY OF SACO MAINE
A Larry Mtcl(ell Dgfte City Administrator City of Saco 300 Main Street Saco Maine 04072 Tel (207) 282-4191
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 102
STATE OF MAINE
By
Mark Hyland Director Date Division of Site Remediation Maine DEP State House Station 17 August Maine 04333 Tel (207) 287-7673
By Dennis Harnish Esq Date Assistant Attorney General Department of Attorney General State House Station 6 Augusta Maine 04333 Tel (207) 626-8800
APPENDIX B
Non-Time Critical Removal Action Statement of Work
Saco Municipal Landfill Superfund Site
I INTRODUCTION AND PURPOSE
This non-time-critical removal action (NTCRA) Statement of Work (SOW) defines the response activities and deliverables that the Performing Respondent shall performsubmit in order to implement the Work required under the Administrative Order on Consent for Removal Action (EPA Region I Docket No 1-97-1009) (the Order) at the Saco Municipal Landfill Site in Saco Maine (the Site) The activities described in this SOW are based upon the United States Environmental Protection Agency (EPA) Action Memorandum for the Site signed by the EPA Region I Director of the Office of Site Remediation and Restoration on September 23 1996
II DEFINITIONS
The following definitions shall apply to this SOW
A All definitions provided in Section III of the Order are incorporated herein by reference
B Design shall mean an identification of the technology to be used for the Removal Action and its performance and operational specifications in accordance with all applicable federal state and local laws including but not limited to
1 all computations used to size units determine the appropriateness of technologies and the projected effectiveness of the NTCRA
2 scale drawings of all system layouts identified above and including but not limited to excavation cross-sections and well cross-sections
3 quantitative analyses demonstrating the anticipated effectiveness of the NTCRA Design to achieve the Performance Standards
4 technical specifications which detail the following
a size and type of each major component and
b required performance criteria of each major component
5 specifications on the extent of ambient air monitoring including equipment monitor locations and data handling procedures and
6 specifications of Institutional Controls to be supplied with the construction plans and specifications
EPA Approval or EPA Review and Approval shall mean the procedures specified in Section XIVA of the Order
Institutional Controls shall mean deed restrictions access land easements and other requirements and controls developed to limit human or animal exposure to hazardous substances pollutants or contaminants andor to ensure the integrity and effectiveness of the Removal Action
Performing Respondents Certification shall mean the procedures specified in Section XIVB of the Order
III SELECTED NON-TIME-CRITICAL REMOVAL ACTION
Section VAI of the Action Memorandum specifies the NonshyTime-Critical Removal Action for the Site Based upon the Action Memorandum listed below are the components of the NTCRA which shall be performed by the Performing Respondent
bull Grading of the landfill including the consolidation of the solid waste material from adjacent to Area 1 Area 3 and Area 4
bull Identifying the solid waste boundary for Areas 3 and 4
bull Excavating contaminated sediments from a groundwater seep area and consolidating them with the waste material in landfill Area 4
- 2 shy
bull Designing and constructing a multi-layer low hydraulic conductivity cap with surface drainage controls
bull Maintaining the cap
bull Long-term monitoring of surface water sediments and groundwater
bull Post-removal site control (PRSC) of the cap The PRSC shall ensure the long-term continued effectiveness of each component of the NTCRA and
bull Implementing Institutional Controls including implementation of deed restrictions andor other controls to prohibit the future use of the Site in any manner that would compromise the integrity of the cap and its associated systems
IV PERFORMANCE STANDARDS
The Performing Respondent shall design construct operate monitor and maintain the NTCRA in compliance with this Order the SOW and the Performance Standards identified in the Action Memo
The Performance Standards for the NTCRA at the Site include
SEDIMENT EXCAVATION AND CONSOLIDATION Sediments with arsenic concentrations above 19 mgkg will be excavated from the groundwater leachate seeps adjacent to Sandy Brook The area within which the seeps are found is defined by sediment locations SD-21 and SD-25 Sediments within Sandy Brook will not be excavated as part of this removal action
CONSOLIDATION OF SOLID WASTE The solid waste outside the Area 1 Area 3 and Area 4 caps shall be consolidated under the Area 34 cap The area to be excavated and material to be consolidated was identified during the RIFS test pit program
LANDFILL CAP The landfill cap shall be designed constructed operated and maintained to meet the performance requirements of the Resource Conservation and Recovery Act (RCRA) Subtitle C regulations specified in 40 CFR sectsect 26419 264310 as applicable and 264111 and the
- 3 shy
currently promulgated final MEDEP regulations referenced in Attachment X of the Action Memo
The cap shall also be designed to meet the requirements of the following EPA and State technical guidance documenxo Final Covers on Hazardous Waste Landfills and Surface Impoundments (EPA530-SW-89-047 July 1989) Construction Quality Management for Remedial Action and Remedial Design Waste Containment Systems (EPA540R-92073 October 1992) Quality Assurance and Quality Control for Waste Containment Facilities (EPA600R-93182 September 1993) MEDEP Final Cover System Guidance Document for Municipal Solid Waste Landfill (November 1995) Stormwater Management for Maine Best Management Practices (November 1995 MEDEP) and Maine Erosion and Sediment Control Handbook for Construction Best Management Practices (March 1991 Cumberland County Soil and Water Conservation District and Maine DEP)
The multi-layer cap will achieve the following minimum requirements
All layers of the cover system shall be designed to achieve the performance objectives of this section over the longshyterm Each layer shall also be designed to meet a static stability factor of safety criteria of 13 seismic stability factor of safety criteria of 10 and a construction-stage stability factor of safety criteria of 12
mdash The base layer will be comprised of unclassified fill material transmissive to gas The performance objectives for the base layer are to contour the landfill to achieve a maximum slope of 31 provide a subgrade base suitable for construction of the cover system and minimize subsidence
Waste from uncapped areas near Area 1 Area 3 and Area 4 and excavated sediments from the groundwater seep areas near Sandy Brook will be placed under the base layer Vegetation cleared from the Site will be distributed evenly to prevent degradation and minimize subsidence
The slopes will be terraced to minimize erosion of the multi-layer cap so that no more than 2 tons per acre per year of soil loss occurs
mdash The gas collection layer will be comprised of 6-12 inches of porous material with a hydraulic conductivity of at least
- 4 shy
1 x 103 cmsec The objective of this layer is to allow for the transmission of gas to the vent pipe which will then take gas out of the landfill and to provide a firm foundation and contact surface for the low hydraulic conductivity layer A second objective is to allow fo the transmission of potential leachate seeps down the sideslopes so that it may infiltrate back into the landfill Approximately one gas vent per acre will be installed at least three to five feet into the waste
-- The bottom low hydraulic conductivity layer acts as a safeguard to the geomembrane and is generally made of 24 inches of clay or a geo-synthetic clay liner (GCL) The performance objective of this layer is to minimize potential leakage through the low hydraulic conductivity geomembrane into the landfill The low hydraulic conductivity layer will be designed to achieve a maximum hydraulic conductivity of 1 x 10~7 cmsec unless the factor of safety criteria of 13 for static 10 for seismic and 12 for construction stage stability cannot be achieved If the stability criteria cannot be met with a GCL or 1 x 107 cmsec material then a more permeable material may be used to achieve a stable cover system The bottom low hydraulic conductivity layer shall have a maximum hydraulic conductivity of at least 1 x 105 cmsec if the 1 x 10~7
cmsec material cannot meet the stability criteria If a GCL is used as the bottom low hydraulic conductivity layer then 12 inches of a fine grained material containing a minimum of 35 fines with no stones larger than one inch shall be used as bedding above the gas vent layer Potential mechanisms that may compromise the integrity of the cover system such as subsidence desiccation cracking and freeze-thaw cycling will be accounted for in the design
The uppermost surface of the bottom low hydraulic conductivity layer shall be buried at least 30 inches below the surface of the cap
-- The top low hydraulic conductivity layer will be a geosynthetic barrier The performance objective of this barrier is to prevent water from infiltrating into the landfill and to accommodate settlement and subsidence while maintaining stability This synthetic barrier will be a type of flexible geomembrane 40-60 mil thick
-- The drainage layer will be composed of either a minimum of 12 inches of sand or equivalent material with a minimum
- 5 shy
hydraulic conductivity of 1 x 102 cmsec or a synthetic material with a transmissivity of at least 3 x 10~5 m2sec The sand should be no coarser than 38 inch The performance objective is to allow water to drain off the synthetic barrier prevent the ponding of water over tgt a synthetic barrier and minimize seepage forces within the cap system If a geosynthetic drainage layer is used then a 12 inch layer of coarse material will be placed over the geosynthetic layer
mdash The top layer of the cap will be the vegetative cover This layer in combination with the drainage layer shall provide a minimum of 30 inches of fill material to provide frost protection A minimum of 18 inches of material (including at least 6 inches of top soil) shall be placed above the drainage layer to provide adequate water-holding capacity to attenuate rainfall infiltration to the drainage layer to sustain vegetation through dry periods and to provide sufficient thickness to allow for expected long-term erosion losses Deep rooted plants that could damage the drainage and barrier layers will not be allowed to grow on the cover A filter fabric may be placed between the top layer and the drainage layer to minimize fill material from clogging the drainage layer
mdash Surface water drainage controls will be constructed to minimize erosion during construction and to reduce erosion of the cap after construction to no more than 2 tons per acre per year As determined by the final NTCRA Design drainage channels will be installed in certain areas on the top and perimeter of the landfill cap to channel runoff away from the landfill Surface water drainage channels will be designed to manage the rainfall volume of a 25-year 24-hour storm event with freeboard and shall also be capable of handling a 100-year 24-hour storm event without overflow
SURFACE WATERS The point of compliance for any point source surface water releases resulting from this action consistent with the NCP shall be the point or points where the release enters the surface water body (Sandy Brook or Big Ledge Brook) Any point source discharge to a surface water body shall comply with the NPDES program under section 402 of the federal Clean Water Act and the Maine water quality standards and storm water discharge requirements The document Stormwater Management for Maine Best Management Practices (November 1995 MEDEP) shall be used as guidance for stormwater and the document Maine Erosion and Sediment Control Hanbook for Construction Best Management
- 6 shy
Practices (March 1991 Cumberland County Soil and Water Conservation District and Maine DEP) shall be used as guidance for erosion control
AIR The point of compliance for air consistent with che NCP shall be the point(s) of the maximum exposed individual considering reasonably expected use of the Site and surrounding area The maximum exposed individuals could include (I) adjacent residents (2) operation and maintenance personnel and (3) individuals working at the facility The passive gas venting system shall not allow for an unacceptable risk of exposure to the maximum exposed individuals by controlling and treating landfill gas if necessary The passive gas venting system shall be designed and constructed to comply with Attachment X of the Action Memo
LONG-TERM MONITORING A long-term monitoring program will be implemented to evaluate the performance of the NTCRA Surface water groundwater and sedimentsas appropriate shall be sampled as part of this program Long-term monitoring is expected to occur for at least thirty years
POST-REMOVAL SITE CONTROL Post-removal site control shall assure the long-term effectiveness of the cap and related systems for at least thirty years
INSTITUTIONAL CONTROLS Institutional Controls shall ensure the long-term integrity of the landfill cap and prevent future use of the groundwater impacted by the Site Deed restrictions andor other controls shall prohibit any activity at the Site which would interfere with or compromise the landfill cap or its related systems Such controls will also provide for EPA and MEDEP approval prior to the commencement of any future activities at the Site which may impact the landfill cap or its related systems
V NTCRA DESIGN
The Performing Respondent shall develop a final design for the selected NTCRA as described in the Action Memorandum and this SOW that meets the performance standards specified in Section IV of this SOW This section describes the Performing Respondents responsibilities for submitting deliverables and conducting project meetings during design
- 7 shy
A DELIVERABLE5
The Performing Respondent shall submit the following deliverables to EPA and the MEDEP during the design of the selected NTCRA pursuant to the schedule in Attachment A Any modification of the schedule in Attachment A shall be subject to EPA approval after a reasonable opportunity for review and comment by MEDEP Each submitted deliverable shall require EPA Approval after a reasonable opportunity for review and comment by MEDEP or Performing Respondents Certification whichever applies pursuant to the schedule in Attachment A and the procedures in Section XIV of the Order
1 DESIGN PROGRESS REPORTS
On the 15th calendar day of each month and until EPA approval of the 100 NTCRA Design the Performing Respondent shall submit Design Progress Reports to EPA and the MEDEP Design Progress Reports may be combined with the monthly progress reports required under the Administrative Order by Consent for Remedial InvestigationFeasibility Study (EPA Region I CERCLA Docket No I-CERCLA-95-1069) and shall be submitted with the Performing Respondents Certification The reports shall summarize all activities that have been conducted in the month preceding the Progress Report and those planned for the next two months The Progress Reports shall also identify problems encountered andor changes to the schedule and shall summarize the results of sampling and tests and other data received by the Performing Respondent
2 CONCEPTUAL DESIGN LETTER REPORT
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit a Conceptual Design Letter Report to EPA and the MEDEP The Conceptual Design Letter Report shall be submitted by the Performing Respondents Certification and may include at a minimum
a an outline of the NTCRA Design
b a work plan for any pre-design studies
- 8 shy
c preliminary drawings of the 31 and 3-5 slope sections of the cap surface water controls and retention ponds in plan view and cross-section and
d The design basis for the composition and thickness of each layer of the cap presented in letter format including a determination of the appropriate gas control technology and supporting information and an estimate of settlement
3 100 DESIGN FOR SEDIMENT CONSOLIDATION
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit the 100 Design for the sediment consolidation to EPA for Review and Approval after reasonable opportunity for review and comment by the MEDEP
4 100 NTCRA DESIGN
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit the 100 NTCRA Design for EPA Review and Approval after reasonable opportunity for review and comment by the MEDEP Design plans for individual components of the NTCRA may be submitted separately from the cap design However the design submittal for the cap shall address 100 of the total design for each component of the NTCRA including but not limited to
a the Final Design Report including the design basis for each component and the associated plans and specifications in reproducible format
b Construction Quality Assurance Plan including sample construction quality assurance and quality control checklists draft construction -quality control and quality assurance tables and a list of testing requirements based upon EPA and MEDEP comments
c the results of any pre-design studies
- 9 shy
d final drawings of the 31 and 3-5 slope sections of the cap in plan view and cross section including surface drainage controls and retention ponds anchor trenches and the passive gas venting system
e a description of the design basis for each layer andor component of the NTCRA including settlement evaluation stability calculations and the HELP model assessment to evaluate infiltration through the cover system The stability assessment shall include an assessment of the stability of the cover system waste material and surrounding slopes Each key section of the stability analysis should include a discussion of the (1) performance criteria for each failure mode (2) soil conditions including loading and seepage conditions and (3) determination of factor of safety and indicate the slope failure mode The methods to perform the above analysis shall be presented
f a discussion of how all applicable or relevant and appropriate requirements (ARARs) identified in the Attachment X of the Action Memo will be addressed This discussion should
(1) specify the statute (2) specify the citation of the ARAR (3) identify if the ARAR is state or
federal (4) summarize the requirements of the ARAR (5) specify in detail the activities that
shall be conducted to comply with the ARAR and
(6) specify in detail the activities that shall be conducted to demonstrate compliance with the ARAR When sampling and analysis is conducted to demonstrate compliance the following shall be specified sampling locations sampling frequency sampling methods analytical methods quality assurance and quality control activities and statistical analysis andor modeling andor other data interpretation techniques
- 10 shy
g drawings on reproducible mylar
h the final NTCRA Technical Specifications which shall include at a minimum the items identified in Attachment D
i a Field Sampling Plan as specified in Attachment B and a Quality Assurance Project Plan as specified in Attachment C Although these documents will be submitted as part of the 100 design these documents must be submitted as separate freestanding deliverables to enable a separate concurrent review of these document by the Agencies along with the 100 design review
j With respect to the landfill cap the design shall include the construction quality assurance procedures required to demonstrate that the NTCRA was properly implemented This component shall include for example (I) checklists for establishing that the required tests and inspections were performed (2) standard operating procedures for all field and laboratory tests (3) the quality assurance and quality control plan for all field and laboratory tests (4) a process for obtaining EPA and MEDEP involvement in major and minor field changes and (5) erosion and sediment control plans The quality assurance component shall be based upon the following guidance documents Construction Quality Assurance for Hazardous Waste Land Disposal Facilities (EPA 530-SWshy86-031 October 1986 and Technical Guidance Document Quality Assurance and Quality Control for Waste Containment Facilities (EPA540R-93182 September 1993)
k A discussion of how any surface water point source discharge shall be evaluated
1 A discussion of how the ambient air shall be evaluated after the construction of the cap is complete to demonstrate that the landfill gas does not pose an unacceptable risk (an excess cancer risk greater than the 104 to 106 risk range or a non-carcinogenic hazard
- 11 shy
index greater than 1) to the maximum exposed individuals (as identified in Section IV of this SOW)
5 WINTER STABILIZATION PLAN
By October 30th of each field season prior to the approval of the Post-Removal Site Control Plan the Performing Respondent shall submit a Winter Stabilization Plan to EPA and MEDEP This plan shall describe the practices and procedures that will be used by the Performing Respondent to prevent erosion of the landfill and excessive sediment discharge to the surface water and wetlands until EPA approval of the Post-Removal Site Control Plan
6 INSTITUTIONAL CONTROL PLAN
The Performing Respondent shall submit a schedule and a workplan letter report for the implementation of the Institutional Controls required by the NTCRA within 60 days of the effective date of the Order As part of the Institutional Controls a deed restriction shall be placed on the Site property to prevent any use of the property that would interfere with or reduce the effectiveness of the NTCRA or any future response actions The deed restriction shall also prevent future use of the groundwater under the Site These institutional controls shall be implemented in a manner consistent with Attachment X of the Action Memo
B DESIGN PROJECT MEETINGS
The Performing Respondent and its Contractor shall periodically meet with EPA and the MEDEP during the design phase to discuss the status of the design present the results of any investigations and discuss any issues associated with the development of the design
At least one week prior to each such periodic meeting the Performing Respondent shall submit to EPA and the MEDEP as necessary (i) an agenda for the meeting (ii) a summary of the issues that will be discussed and (iii) any supporting information including any specific information required for the meeting as detailed below The following is a list of meetings to be held as necessary during the design phase
1 DESIGN KICK-OFF MEETING
- 12 shy
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall schedule a design kickshyoff meeting The purpose of this meeting is to allow the EPA MEDEP and the Performing Respondents design teams to meet
2 CONCEPTUAL DESIGN MEETING
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall hold a Conceptual Design Meeting During the Conceptual Design Meeting the Performing Respondent shall give a presentation of the Work Plan for Pre-Design Studies if needed and the conceptual design of the selected NTCRA based on any completed pre-design investigations and the Conceptual Design Letter Report
3 100 DESIGN MEETING FOR SEDIMENT CONSOLIDATION
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall hold a 100 Sediment Consolidation Design Meeting At this meeting the Performing Respondent shall present the 100 design for these components of the NTCRA
4 100 NTCRA DESIGN MEETING
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall hold two 100 NTCRA design meetings At the first meeting the Performing Respondent shall provide an overview of the design During the second meeting the Performing Respondent shall present any issues that have arisen from comments received on the 100 NTCRA design and options for resolving the issues
EPA may determine that any of such meetings are not necessary However EPA andor the Performing Respondent may also schedule additional meetings as necessary to discuss any issues that arise during design
VI NTCRA IMPLEMENTATION
The Performing Respondent shall implement the final design for the selected NTCRA as described in the Action Memorandum and this SOW that meets the performance standards specified in Section IV
- 13 shy
of this SOW This section describes the Performing Respondents responsibilities for conducting the NTCRA submitting deliverables and conducting project meetings during implementation of the NTCRA
A DELIVERABLES
The Performing Respondent shall submit the following deliverables to EPA and the MEDEP during implementation of the NTCRA pursuant to the schedule in Attachment A Any modification of the schedule in Attachment A is subject to EPA approval after a reasonable opportunity for review and comment by MEDEP Each submitted deliverable shall require EPA Approval or the Performing Respondents Certification whichever applies pursuant to the schedule in Attachment A and the procedures in Section XIV of the Administrative Order by Consent
1 NTCRA IMPLEMENTATION SCHEDULE
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit a NTCRA Implementation Schedule for EPA Review and Approval after reasonable opportunity for review and comment by the MEDEP The NTCRA Implementation Schedule shall identify the major milestones for completion of the NTCRA including the commencement and completion of construction and the schedule for demonstrating compliance bull ith Section V(A) (4) (f) of the SOW The NTCRA Implementation Schedule shall also identify the key construction dates including the initiation and completion date of each component of the multi-layer cap The NTCRA Implementation Schedule shall also identify the projected dates of the Progress Meetings conducted during the NTCRA implementation including those required pursuant to Section VIB of this SOW
2 CONSTRUCTION DOCUMENT SUBMITTAL
In accordance with the schedule set forth in Attachment A to this SOW the Performing Respondent shall submit a copy of executed construction contract documents to EPA and MEDEP
3 HEALTH AND SAFETY PLAN
- 14 shy
In accordance with che Schedule set forth in Attachment A to this SOW the Performing Respondent shall submit a General Health and Safety Plan to EPA and MEDEP A site-specific Health and Safety Plan addressing NTCRA construction activities shall be submitted by the Performing Respondent prior to on-site construction activities The general and site-specific Health and Safety Plans shall each be submitted with Performing Respondents Certification
4 NTCRA IMPLEMENTATION PROGRESS REPORTS
On the 15th calendar day of each month during implementation of the NTCRA and until EPA approval of the Completion of Removal Action Report the Performing Respondent shall submit Progress Reports to EPA and the MEDEP The Progress Reports shall be submitted with Performing Respondents Certification The reports shall summarize all activities that have been conducted in the month preceding the Progress Report and those planned for the next two months The Progress Reports shall also
a identify the percent of NTCRA construction completed
b identify any problems encountered andor changes to the schedule
c summarize the results of all sampling and tests and all other data received by the Performing Respondent
d include photographs of the site activities Photographs shall be labeled with the date brief description of the activity weather conditions and directionorientation of the photograph and
e include the results of any monitoring conducted
After completion of all construction activities the Performing Respondent may upon EPA approval reduce the frequency of submission of the Progress Reports The Progress Reports may be combined with the monthly progress reports required under the Administrative Order by Consent
- 15 shy
for Remedial Investigation Feasibility Study (EPA Region I CERCLA Docket No I-CERCLA-95-1069)
5 POST-REMOVAL SITE CONTROL PLAN
In accordance with the schedule set forth in Attachment A to this SOW the Performing Respondent shall submit a Post-Removal Site Control Plan (PRSC Plan) for EPA Review and Approval after reasonable opportunity for review and comment by the MEDEP The PRSC Plan shall ensure the long-term continued effectiveness of each component of the NTCRA The PRSC Plan shall address at a minimum the following
a periodic evaluation of the stability of the cover system
b a description of normal operations and maintenance
c a description of potential operational problems with contingency plans
d an operational safety plan
e a description of equipment
f record keeping and reporting requirements
g periodic assessment of the passive landfill gas venting system
h periodic assessment of erosion controls and periodic settlement monitoring
i periodic assessmentand runoff
of surface water controls
j evaluation of Sandy Brook removal area
k periodic evaluation of vegetative growth and the identification of any erosion and
1 the impact of the cap on wetlands
- 16 shy
6 COMPLETION OF REMOVAL ACTION REPORTS
In accordance with the schedule set forth in Attachment A to this SOW the Performing Respondent shall submit the Completion of Removal Action and Demonstratioi of Compliance Report (jointly the Completion of Removal Action Report) for EPA Review and Approval after reasonable opportunity for review and comment by the MEDEP The Completion of Removal Action Report shall be submitted in two phases including first an Interim Completion of Removal Action Report and second a Final Completion of Removal Action Report
a The Interim Completion of Removal Action Report shall include at a minimum
(1) a synopsis of the work defined in the SOW and the 100 NTCRA Design and a synopsis of all work actually performed
(2) an explanation of any modifications to work in the SOW and the 100 NTCRA Design and why such modifications were necessary to implement the NTCRA
(3) drawings and specifications for all components of the NTCRA and
(4) a final inspection checklist
b The Final Completion of Removal Action Report shall include the categories of information specified in section 300165 of the NCP (OSC Reports) In addition the Final Completion of Removal Action Report shall follow EPA guidance for a Remedial Action Report OSWER Directive 93550-39FS June 1992 and shall include at a minimum
(1) all the data and information necessary to demonstrate compliance according to the approved NTCRA Design
(2) a certification that the NTCRA is operational and functional as designed that no further modifications are necessary to meet the performance standards and that no unacceptable air
- 17 shy
or surface water releases (from the cap only) are occurring or are expected to occur
(3) a detailed explanation as to how t^e Performing Respondent addressed each of the ARARs specifically identified as such in Attachment X of the Action Memo
(4) the final record (as built) plans and specification for the NTCRA and
(5) the conclusions of the data evaluation
B PROJECT MEETINGS
The Performing Respondent and their contractors shall periodically meet with EPA and the MEDEP during implementation of the NTCRA to discuss the status of the project present the results of any investigations and discuss any issues that arise At least one week prior to each such meeting the Performing Respondent shall submit to EPA and the MEDEP as necessary an agenda for the meeting a summary of the issues that will be discussed and any supporting information The following is a list of mandatory meetings that shall be conducted by the Performing Respondent
1 CONSTRUCTION MEETINGS
Unless otherwise agreed by EPA and MEDEP during the construction period the Performing Respondent and its construction contractor(s) shall meet MONTHLY with EPA and MEDEP regarding the progress and details of construction
2 SUBSTANTIAL COMPLETION INSPECTION MEETING
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall schedule and conduct a Substantial Completion Inspection Meeting at the Site The Substantial Completion Inspection Meeting shall include EPA MEDEP and the Performing Respondents Project Coordinator and technical consultant
- 18 shy
3 FINAL INSPECTION MEETING
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall schedule and conduct a Final Inspection Meeting at the Site This Final Inspection Meeting shall include participants from all parties involved in the NTCRA including but not limited to the Performing Respondent and its contractors EPA and the State
EPA may determine that any such meetings are not necessary EPA andor MEDEP andor the Performing Respondent may also schedule additional meetings as necessary to discuss any issues that arise during implementation of the NTCRA
VII POST-REMOVAL SITE CONTROL
The Performing Respondent shall initiate Post-Removal Site Control (PRSC) upon completion of construction of the NTCRA In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit a PRSC plan for EPA approval after a reasonable opportunity for review and comment by MEDEP PRSC shall continue for at least thirty years
Progress Reports shall be submitted throughout the period of PRSC PRSC Progress Reports shall contain a list of all PRSC activities that were performed in the time period since the previous PRSC Progress Report and those PRSC activities that will be performed in the time period until the next PRSC Progress Report In addition PRSC Progress Reports shall include a summary of the results of any PRSC tests or evaluations completed since the last report
PRSC reports shall be submitted quarterly for the first two years following approval of the PRSC plan by EPA after a reasonable opportunity for review and comment by MEDEP For the next 8 years PRSC reports shall be submitted semishyannually in June and November of each year Thereafter PRSC reports shall be submitted annually in November The PRSC reports shall include a discussion of the condition of the NTCRA components and shall identify any corrective measures that have been or need to be installed In particular the condition of the landfill vegetative cover and surface water controldrainage systems shall be discussed
- 19 shy
VIII LONG-TERM MONITORING
In accordance with the schedule set forth in Attachment A to the SOW the Perform g Respondent shall submit a Long-Term Monitoring Plan for EPA Review and Approval after reasonable opportunity for review and comment by MEDEP The objective of the Long-Term Monitoring Plan shall be to evaluate the long-term changes in groundwater surface water and sediment concentrations to assess the effectiveness of the NTCRA The Long-Term Monitoring Plan may also include measures to assess the compliance of the landfill passive gas venting control system and the surface water and sediment control systems The data collected as part of the RIFS Order may be consolidated as a substitute for this data
The Performing Respondent shall initiate the long-term monitoring upon EPA approval of the Long-Term Monitoring Report and continue to perform long-term monitoring of the Site for at least thirty years after EPA approval of the Completion of Removal Action Report Any modifications to these requirements should be made in a manner consistent with Paragraph 111 of the Order
- 20 shy
ATTACHMENT A NTCRA SCHEDULE
DeliverableMeeting Due Date
Kick-off meeting between EPA MEDEP and Design Contractor
Design Progress Reports
Submit Conceptual Design Letter Report to EPA and MEDEP
Final Design Meeting for Sediment Consolidation
Submit draft 100 Sediment Consolidation Design
Conceptual Design Meeting
Monthly Project Mtg
Institutional Control Plan
Submit 100 NTCRA Design
100 NTCRA Design Meeting
Health and Safety Plan for Construction Activities
Second 100 Design Meeting
NTCRA Implementation Schedule
Revised 100 Design Construction Document Submittal
NTCRA Implementation Progress Reports
Construction Meetings
Post-Removal Site Control Plan
Held on December 18 1996
15th calendar day of each month until EPA approval of 100 NTCRA Design
Submitted December 15 1996
Held on December 18 1996
Submitted December 15 1996
Held January 9 1997
To be set by EPA
within 60 days of the effective date of the NTCRA Order
February 28 1997
March 21 1997
No later than May 16 1997
No later than May 23 1997
No later than June 13 1997
No later than June 13 1997
15th calendar day of each month after EPA approval of 100 NTCRA Design until approval of the Completion of Removal Action Report
Once per month during NTCRA construction activities
July 15 1997
Attachment A - 1
Submit Long-Term Monitoring Plan to EPA and MEDEP
Substantial Completion InspectionMeeting
Winter Stabilization Plan
Interim Completion of Removal Action Report
Final Completion of Removal Action Report
Final Inspection
Post-Removal Site Control Progress Reports
No later than December 1 1997
No later than December ]5 1997
By 30th of October of each year until EPA approval of the Post-Removal Site Control Plan
30 days prior to Substantial Completion Inspection Meeting
Within 120 days of the Substantial Completion Inspection
No later than May 15 1998
Quarterly for the 1st two years after approval of PRSC Plan(to be submitted in March June September and December of each year) for the next eight years semishyannually in June and November of each year Thereafter annually in November
Attachment A - 2
ATTACHMENT B
FIELD SAMPLING PLAN COMPONENT OF THE NTCRA 100 DESIGN
The overall objectives of the Field Sampling Plan (FSP) are as follows
1 to document specific objectives procedures and rationales for fieldwork and sample analytical work
2 to ensure that sampling and analysis activities are necessary and sufficient and
3 to provide a common point of reference for all parties to ensure the comparability and compatibility of all objectives and the sampling and analysis activities
The following critical elements of the FSP shall be described for each sample medium as necessary (eg ground water surface water soil sediment air and biota) and for each sampling event
1 sampling objectives (iedemonstration of attainment five year review etc)
2 data quality objectives including data uses and the rationale for the selection of analytical levels and detection limits (see Data Quality Objectives Development Guidance for Uncontrolled Hazardous Waste Site Remedial Response Activities OSWER Directive 935507 March 1987) Also Guidance for Data Useability in Risk Assessment EPA540G-90-008 October 1990
3 site background update including an evaluation of the validity sufficiency and sensitivity of existing data
4 sampling locations and rationale
5 sampling procedures and rationale and references
6 numbers of samples and justification
7 numbers of field blanks trip blanks and duplicates
Attachment B - 1
8 sample media (eg ground water surface war soil sediment air and buildings facilities and structures including surfaces structural materials and residue)
9 sample equipment containers minimum sample quantities sample preservation techniques maximum holding times
10 instrumentation and procedures for the calibration and use of portable air soil- or water-monitoring equipment to be used in the field
11 chemical and physical parameters in the analysis of each sample
12 chain-of-custody procedures must be clearly stated (see EPA NEIC Policies and Procedures Manual EPA 3309-78shy001-R May 1978 revised May 1986
13 procedures to eliminate cross-contamination of samples (such as dedicated equipment)
14 sample types including collection methods and if field and laboratory analyses will be conducted
15 laboratory analytical procedures equipment and detection limits
16 equipment decontamination procedures
The FSP must establish the framework for all anticipated field activities (eg sampling objectives evaluation of existing data standard operating procedures) and contain specific information on each round of field sampling and analysis work (eg sampling locations and rationale sample numbers and rationale analyses of samples) During the NTCRA the FSP shall be revised as necessary to cover each round of field or laboratory activities Revisions or a statement regarding the need for revisions shall be included in each deliverable describing all new field work
The FSP shall include provisions requiring notification of EPA and the MEDEP at a minimum four weeks before field sampling events The Performing Respondent shall provide EPA and MEDEP at least one week notice for non-analytical engineering analysis samples The FSP shall also allow split replicate or duplicate samples to be taken by EPA
Attachment B - 2
(or their contractor personnel) MEDEP and by other parties authorized by EPA At the request of EPA or MEDEP the Performing Respondent shall provide these samples in appropriately pre-cleaned containers to the government representatives Identical procedures shall be used t_raquo collect the Performing Respondents samples and the parallel samples unless otherwise specified by EPA or MEDEP The following guidance documents shall be followed in developing the FSP including
1 Guidance for Conducting Remedial Investigations and Feasibility Studies Under CERCLA (OSWER Directive 93553-01 EPA540G-89004 October 1988)
2 Data Quality Objectives for Remedial Response Activities Development Process EPA540G-87003 (OSWER Directive 93550-7B March 1987)
3 Data Quality Objectives for Remedial Response Activities example scenario RIFS Activities at a site with contaminated Soil and Ground Water (OSWER Directive 93550-7B EPA540G-87002 March 1987)
4 Test Methods for Evaluating Solid Waste PhysicalChemical Method (EPA Pub SW-846 Third Edition)
5 Analytical methods as specified in CFR 40 CFR Parts 136 14123 14124 and 14125 and Agency manuals documenting these methods
6 Statement of Works for Inorganic and Organic Analyses EPA Contract Laboratory Program
7 Guidance for Data Useability in Risk Assessment EPA540G-90-008 October 1990 and
8 Ecological Assessment of Hazardous Waste Sites A Field and Laboratory Reference EPA6003-89013 March 1989
Attachment B - 3
ATTACHMENT C
QUALITY ASSURANCE PLAN FOR THE NTCRA 100 DESIGN
The Quality Assurance Project Plan (QAPjP) shall document in writing site-specific objectives policies organizations functional activities and shall specify quality assurancequality control (QAQC) activities designed to achieve the data quality objectives (DQOs) of the NTCRA The QAPjP developed for this project shall document QAQC policies procedure routines and specifications All project activities throughout the NTCRA shall comply with the QAPjP All QAPjP and sampling and analysis objectives and procedures shall be consistent with Interim Guidelines and Specifications for Preparing Quality Assurance Project Plans (EPA 1983 - EPA QAMS- 00580 1980) All analytical methods shall be consistent with applicable EPA analytical protocols and methods
The 16 basic elements of the QAPjP plan are
1 title page with provision for approval signatures of principal investigators
2 table of contents
3 project description
4 project organization and responsibility
5 quality assurance objectives for measurement data in terms of precision accuracy completeness representativeness and comparability
6 sampling procedures
7 sample custody
8 calibration procedures and frequency
9 analytical procedures which must be EPA approved or equivalent methods
10 data reduction validation and reporting
11 internal quality control checks and frequency
Attachment C - 1
12 performance and system audits and frequency
13 preventive maintenance procedures and schedules
14 specific routine procedures to be used to assess the precision accuracy and completeness of data and to assess specific measurement parameters involved
15 corrective action and
16 quality assurance reports to management
As indicated in EPAQAMS-00580 the above list of essential elements must be considered in the QAPjP for the NTCRA If a particular element is deemed not relevant to the project the reasons for such determination must be provided
Information in a plan other than the QAPjP may be cross-referenced clearly in the QAPjP provided that all objectives procedures and rationales in the documents are consistent and the reference material fulfills the requirements of EPAQAMS-00580 Examples of how this cross-reference might be accomplished can be found in the Data Quality Objectives for Remedial Response Activities Development Process EPA5406-87OQ3 (OSWER Directive 93550-7B) March 1987 and the Data Quality Objectives for Remedial Response Activities Example Scenario EPA540Gshy87004 (OSWER Directive 93550-7B) March 1987 EPA-approved analytical methods or alternative methods approved by EPA shall be used and their corresponding EPA-approved guidelines shall be applied when they are available and applicable
The QAQC for any laboratory used during the NTCRA shall be included in the QAPjP When this work is performed by a contractor to the Performing Respondent each laboratory performing chemical analyses shall meet the following requirements
1 be approved by the State Laboratory Evaluation Program if available
2 have successful performance in one of EPAs National Proficiency Sample Programs (ie Water Supply or Water Pollution Studies or the States proficiency sampling program)
Attachment C - 2
3 be familiar with the requirements of 48 CFR Part 1546 contract requirements for quality assurance and
4 have a QAPjP for the laboratory including all relevant analysis This plan shall be referenced as part of the contractors QAPjP
The Performing Respondent shall certify that all validation of data was performed by an independent person according to Region Is Laboratory Data Validation Functional Guidelines for Evaluating Organic and Inorganic Analyses (amended as necessary to account for the differences between the approved analytical methods for the project and the Contract Laboratory Procedures (CLP) These approved methods shall be contained in the QAPjP The independent person shall not be the laboratory conducting the analyses and should be a person familiar with EPA Region I data validating procedures The independent person performing the validation shall insure that the data packages are complete and all discrepancies have been resolved if possible and the appropriate data qualifiers have been applied The Performing Respondent shall keep the complete data package and make it available to EPA and the MEDEP on request The complete data package must include the following
o Narrative stating method used and explanation of any problems
o Tabulated summary forms for samples standards and QC
o Raw data for samples standards and QC o Sample preparation logs and notebook pages o Sample analysis logs andor notebook pages o Chain of custody sample tags o An example calculation for every method per
matrix
Attachment C - 3
ATTACHMENT D
GENERAL REQUIREMENTS FOR THE TECHNICAL SPECIFICATIONS COMPONENT OF THE NTCRA DESIGN
The general requirements section of the technical specification shall describe how the Performing Respondent will manage the project to complete the NTCRA as required under the SOW and the Order As part of the technical specifications the Performing Respondent shall require the following tasks
1 provide for the security of government and private property on the Site
2 estrict unauthorized entry to the Site which might result in exposure of persons to potentially hazardous conditions
3 establish the location of a field office for on-site activities
4 provide contingency and notification plans for potentially dangerous activities associated with the NTCRA
5 monitor airborne contaminants released by Site activities which may affect the local populations
6 communicate to EPA MEDEP and the public the organization and management of the NTCRA including key personnel and their responsibilities
7 provide a list of Performing Respondents contractors and subcontractors and description of their activities and roles
8 provide for the proper disposal of materials used and wastes generated during the NTCRA (eg drill cutting extracted ground water protective clothing disposable equipment) These provisions shall be consistent with the off-site disposal requirements of CERCLA sect 121(d)(3) RCRA and applicable state laws The Performing Respondent or their authorized representative or another party acceptable to EPA and MEDEP shall be identified as the generator of wastes for the purpose of regulatory or policy compliance
Attachment D - 1
9 provide a description of the project staff and communication strategy
10 provide the mechanism for identifying and notifying EPA and MEDEP of non-conformance with the design and ixeld change requests and
11 provide traffic controls and community notification strategy
Attachment D - 2
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 3
that they are authorized to execute and legally bind the parties
they represent
4 Any Respondent that owns any portion of the Site shall
at least 30 days prior to the conveyance of any interest in real
property at the Site give written notice that the property is
subject to this Order to the transferee and written notice to EPA
and the State of the proposed conveyance including the name and
address of the transferee
5 The City of Saco (hereafter the City) shall provide a
copy of this Order to all contractors subcontractors
laboratories and consultants retained to conduct any portion of
the Work performed pursuant to this Order within fourteen (14)
days after the effective date of this Order or after the date of
such retention whichever is later Notwithstanding the terms of
any contract the City is responsible for compliance with all
requirements of this Order (except for Paragraph 96 and
obligations arising therefrom) and for ensuring that all persons
contractors sub-contractors agents and consultants whom the
City has authorized to act on its behalf comply with this Order
In the event of conflict between this Administrative Order by
Consent and any document attached to incorporated into or
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 4
enforceable hereunder the provisions of this Administrative
Order by Consent shall control Any reference herein to the
Work shall mean all activities conducted pursuant to this Order
including but not limited to the Removal Action and all
response actions to be undertaken pursuant to the Action
Memorandum for a Non-Time-Critical Removal Action at the Site
except those activities required by Section XVIII (Record
Preservation) and Paragraph 96 (Payment by Non-Performing
Respondents)
III DEFINITIONS
6 Unless otherwise expressly provided herein terms used
in this Order 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 Order or in the appendices attached hereto and
incorporated hereunder the following definitions shall apply
a Action Memorandum shall mean the EPA Action
Memorandum relating to the Saco Municipal Landfill Site
signed on September 23 1996 by the Director of the Office
of Site Remediation and Restoration (OSRR) EPA Region I
as amended and all attachments thereto
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 5
b Cost Recovery Administrative Agreement shall mea the
Cost Recovery Administrative Agreement Docket No CERCLA shy
1-97-1010 entered by the Respondents and EPA
c Day shall mean a calendar day unless expressly stated
to be a working day or unless the reference is to a period
of ten (10) days or less in which case intervening weekend
days and legal federal holidays shall not be counted in
determining dates In all other instances of computing any
period of time under this Order 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 Working day shall mean a day other than a Saturday
Sunday or federal holiday
d Deliverable shall mean any contract deliverable
plan report notice specification schedule or other item
or document required to be submitted by the City pursuant to
the Order or Statement of Work
e EPA Approval or EPA Review and Approval shall mean
the procedures specified in Section XIVA of this Order
Administrative Order By Consent for Removal Action Saco Municipal Landfill Super-fund Site Page 6
f Extraordinary Response Costs shall mean any costo EPA
or the Maine DEP incur pursuant to Paragraphs 52d 65 69
102 and 104
g Landfill shall mean the Saco Municipal Landfill
which is owned by the City and comprised of four waste
disposal areas (identified as Areas 1 2 3 and 4 in
Appendix A) situated on the 90 acre Landfill Parcel located
on Foss Road in Saco York County Maine owned by the City
h Landfill Parcel shall mean the 90 acre parcel of land
owned by the City on Foss Road in Saco York County Maine
upon which the Landfill is situated
i National Contingency Plan or NCP shall mean the
National Oil and Hazardous Substances Pollution Contingency
Plan promulgated pursuant to Section 105 of CERCLA 42
USC sect 9605 codified at 40 CFR Part 300 and any
amendments thereto
j NTCRA shall mean the Non-Time-Critical Removal Action
undertaken pursuant to this Order
k Order shall mean this Administrative Order by
Consent the Statement of Work (SOW) and any other
appendices or attachments thereto including any future
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 7
modifications as provided by the terms of this
Administrative Order by Consent as may be added hereafter
including (upon EPA Approval or the Citys Certification)
any Deliverables required by this Order such Deliverables
shall be incorporated into and enforceable under this Order
upon EPA Approval or the Citys Certification
1 Oversight Costs shall mean all costs including but
not limited to direct and indirect costs not inconsistent
with the NCP that EPA the Department of Justice or the
State of Maine incur after the effective date of this Order
in overseeing this Order and the Cost Recovery
Administrative Agreement including costs incurred for
negotiating amendments to these instruments- costs incurred
for reviewing or developing plans reports and other items
in connection with this Order costs incurred for overseeing
actions undertaken by the City at the Site pursuant to this
Order including but not limited to payroll costs
contractor costs travel costs and laboratory costs- any
payments tc the State through a cooperative agreement lt~osts
incurred by EPA under or in connection with a contract or
arrangement between EPA and a qualified person to assist EPA
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 8
in overseeing and reviewing the conduct of activities
required under this Order costs of contractors hired by EPA
and other federal agencies to assist in the evaluation of
Respondents Work under this Order costs related to
community relationsinvolvement and any Interest accruing
from the date payment for such costs is due Extraordinary
Response Costs shall be excluded from the definition of
Oversight Costs
m Paragraph shall mean a portion of this Order
identified by an Arabic numeral or an upper case letter
n Parties shall mean EPA the State of Maine and the
Respondents
o Past Response Costs shall mean all costs including
but not limited to direct and indirect costs that EPA the
US Department of Justice or the State of Maine incurred
at the Site or in connection with the Site through the
effective date of this Order plus accrued Interest on all
such costs through such date
p Post-Removal Site Control shall mean those activities
necessary to maintain the effectiveness and integrity of the
NTCRA
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 9
q Prior MEDEP Orders and Consent Decrees shall meai The
1970 Consent Agreement and Order issued by the MEDEP to the
City the 1981 Administrative Consent Agreement and
Enforcement Order issued by MEDEP to the City the 1984
Consent Decree entered by the MEDEP and the City the 1986
First Amendment to the 1984 Consent Decree the 1987 Consent
Decree between the MEDEP and the City and all other
administrative orders and consent decrees related to the
Site issued by the MEDEP to the City prior to the effective
date of this Order
r Removal Action shall mean all activities that the
Respondents are required to perform under this Order
including but not limited to all response actions to be
undertaken pursuant to the Action Memorandum for a Non-Time
Critical Removal Action at the Site dated September 23
1996 except those activities required by Section XVIII
(Record Preservation) and Paragraph 96 (Payment by Non-
Performing Respondents)
s Response Costs shall mean all costs including but
not limited to direct and indirect costs plus Interest on
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 10
all such costs that EPA the US Department of Justice or
the State of Maine incur in connection this Order
t Performing Respondent shall mean the City of Saco
Maine
u Performing Respondents Certification shall mean the
procedures specified in Section XIVB of this Order
v Non-Performing Respondents shall mean those parties
identified in Paragraph 12
w RIFS Order shall mean the Administrative Order by
Consent for Remedial InvestigationFeasibility Study EPA
Region I CERCLA Docket No I-CERCLA-95-1069
x RIFS Response Costs shall mean those costs
including but not limited to direct and indirect costs that
EPA the US Department of Justice or the State of Maine
incurred or will incur in connection with the RIFS Order
plus accrued Interest on all such costs
y RFC shall mean the Citys Project Coordinator
z RPM shall mean EPAs Remedial Project Manager
aa Section shall mean a portion of this Order identified
by a Roman numeral
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 11
bb Site shall mean the Saco Municipal Landfill Supe fund
Site encompassing the Landfill the Landfill Parcel and
all other areas where hazardous substances migrating from
the Landfill have come to be located and all areas in
proximity to the hazardous substances necessary for
implementation of the response action
cc State shall mean the State of Maine including MEDEP
dd Statement of Work or SOW shall mean the statement
of work for the design and implementation of the Removal
Action as set forth in Appendix B to this Order any
modifications made in accordance with this Order and any
attachments to the SOW
ee MEDEP or Maine DEP shall mean the State of Maine
Department of Environmental Protection and any predecessor
or successor departments or agencies of the State
IV EPAS AND MAINE PEPS FINDINGS OF FACT
Site Description and History
7 The Site is in a rural residential area Wooded areas
surround the Site in all directions with the exception of an
open sand and gravel quarry to the southeast private residences
are located to the north and east The closest residence is
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 12
approximately 1000 feet northeast of the entrance to the
landfill In 1975 a waterline extension for the Biddeford and
Saco Water Company was installed along Buxton Road which is to
the east of the Site north to the Louden Road that services
many of the private residences in the area
8 The City of Saco operated the Landfill from 1963 until
approximately 1988 Solid wastes commercial wastes and
industrial wastes were disposed of at the Landfill In 1987 the
City of Saco began operating and continues to operate a
transfer station and compost area near the northern perimeter of
the Landfill Parcel and to the west of Foss Road The transfer
station receives and temporarily stores demolition debris wood
waste and white goods prior to off-site disposal The Landfill
is comprised of four distinct waste deposition areas (Areas 1 2
3 and 4) A brook known as Sandy Brook flows northwest to
southeast through the Landfill Parcel with Landfill Areas 1 and
2 to the east and Areas 3 and 4 to the west of Sandy Brook
9 Following reports of ground water and surface water
contamination from leachate from the Landfill the Maine DEP
began investigating the Site in 1974 A 1974 report by a
consultant for the City of Saco identified leachate originating
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 13
from Area 1 at the Landfill as a source of contamination and a
1975-1976 report recommended capping Area 1 to prevent continued
leachate generation Further studies by other consultants as
well as by the Maine DEP and EPA identified volatile organic
compounds metals and semi-volatile compounds including but not
limited to acetone bis (2-ethylhexyl) phthalate chromium 11shy
dichloroethane iron lead manganese methyl ethyl ketone and
toluene in the leachate ground water andor surface water at
the Site at the time of the additional studies
10a In February 1976 the Maine DEP issued a Consent
Agreement and Order (Consent Order) to the City of Saco to
abate leachate migration from the Landfill Pursuant to the
Consent Order the City of Saco regraded Area 1 and covered it
with a clay cap in the fall of 1976 In September 1981 the
Maine DEP issued-an Administrative Consent Agreement and
Enforcement Order to the City of Saco requiring submittal of a
closure plan for the entire Landfill The City of Saco submitted
a closure plan to the Maine DEP in March and November 1984
Following Maine DEP approval of the submitted plan the Maine DEP
and the City of Saco entered into a Consent Decree effective
December 31 1984 under which the City of Saco agreed to perform
Administrative Order By Conaent for Removal Action Saco Municipal Landfill Super-fund Site Page 14
the closure plan for the Landfill Pursuant to the approved
closure plan the City of Saco installed a leachate recirculation
system in Area 2 and covered this area of the Landfill with a
clay cap In addition in a separate action from 1985 to 1991
the City of Saco allowed the temporary storage of solid waste
from Nike Inc in Area 3 which was later sent off-site for
incineration Area 4 of the Landfill has been graded and is
covered with a thin layer of soil
b A number of monitoring efforts at the Site have
been undertaken by the City of Saco and others In 1980 34
private wells located near the Site were sampled In 1984 the
City of Saco contracted with Dubois amp King which installed 24
additional monitoring wells conducted sampling of groundwater
surface water off-site residential wells and ponds and
initiated quarterly sampling In 1987-1988 the City of Saco
contracted with Balsam Environmental Consultants to conduct
sampling of groundwater surface water and leachate in
preparation for Landfill closure activities In 1989 Balsam
evaluated the existing monitoring well network and submitted a
Remedial Investigation Plan
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 15
c From September 1992-April 1994 Halliburton NUS
Corporation provided technical assistance to EPA conducted a
Limited Field Investigation under EPA oversight and prepared a
Final Site Summary Report regarding the Site In 1993-1994 the
US Geological Survey under an Interagency Agreement with the
EPA conducted a detailed geologichydrogeologic review of the
Site and installed monitoring wells performed numerous
geophysical analyses and monitored and sampled surface water
B Performing Respondent
11 The City of Saco is a municipality which currently owns
the Landfill Parcel and the Landfill and owned the landfill
Parcel and the Landfill during the time of disposal of hazardous
substances at the Landfill The City also operated the Landfill
during the time of disposal of hazardous substances at the
Landfill either directly or through a contractor The City of
Saco typically provided trash removal services for residential
and non-industrial commercial entities Industrial entities
handled their own waste hauling to the Landfill
C Non-Performing Respondents
12 The following parties are Non-Performing Respondents
Robus Leather Corporation fka George Newman amp Company
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 16
successor by merger to Biddeford Industries Inc a corporation
under the law of the State of Ohio CL Hauthaway amp Sons Corp
a corporation under the law of the Commonwealth of Massachusettsshy
Gabriel Electronics Incorporated a corporation under the law of
the State of Maine Litton Industries Inc a corporation under
the law c_ the State of Delaware- Lyn-Flex Industries an
unincorporated division of Der-Tex Corporation a corporation
under the law of the Commonwealth of Massachusetts Millipore
Corporation a corporation under the law of the Commonwealth of
Massachusetts Nike Inc a corporation under the law of the
State of Oregon ZENECA Inc a corporation under the law of the
State of Delaware Saco Defense Inc a corporation under the law
of the State of Delaware Bemis Company Inc a corporation
under the law of the State of Missouri and Champion
International Corporation a corporation under the law of the
State of New York EPA and Maine DEP allege that each Non-
Performing Respondent arranged by contract agreement or
otherwise for the disposal or treatment of hazardous substances
at the Landfill andor accepted or
had a corporate relationship with a person that accepted
hazardous substances for transport to the Landfill
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 17
C Environmental Status of Site
13 Beginning in the mid-1970s individuals residing near
the Site reported water quality concerns regarding their drinking
water wells To address these concerns the municipal water
supply was extended along Buxton Road (Route 112) in 1975
14 Based upon the hazardous substance releases detected
during EPA MEDEP and City of Saco investigations at the Site
and other information available to EPA regarding disposal of
hazardous substances by industrial generators at the Landfill
and pursuant to Section 105(a)(8)(B) of CERCLA 42 USC
sect 9605(a)(8)(B) the Site was proposed for inclusion on the
National Priorities List (NPL) published by the Administrator
of EPA in the Federal Register on June 24 1988 (NPL Update 7
53 Fed Reg 23988-98) The Site was listed for final inclusion
on the NPL on February 21 1990 (NPL Final Rule Update 7 55
Fed Reg 6154)
15 EPA MEDEP and the City of Saco have entered into the
Administrative Order by Consent for Remedial Investigation
Feasibility Study US EPA Region I CERCLA Docket No I-CERCLAshy
95-1069 (RIFS Order) in order to fully investigate the release
or threat of release of hazardous substances at the Site The
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 18
RIFS Order became effective on October 2 1995 The Remedial
Investigation and Feasibility (RIFS) Study is still in
progress
16 The RIFS and earlier investigations have revealed that
the landfill waste material is the source of hazardous substances
migrating to the underlying soils groundwater sediments and
surface water Hazardous substances were detected in groundwater
monitoring wells adjacent to and downgradient of the Site
indicating that hazardous substances have migrated from the Site
into the overburden groundwater which discharges to Sandy Brook
Groundwater data indicates that hazardous substances including
but not limited to arsenic manganese vinyl chloride benzene
and bis(2-ethylhexyl)phthalate are present at concentrations
above the maximum contaminant levels established under the
federal Safe Drinking Water Act and the Maine Maximum Exposure
Guidelines In addition hazardous substances from the Site have
accumulated in the sediments of leachate seeps adjacent to Sandy
Brook The level of arsenic in one leachate seep adjacent to
Sandy Brook is over 200 times the National Oceanic and
Atmospheric Effects Range-Low concentrations for sediments (NOAA
ER-L)
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 19
17 On June 6 1996 EPA issued an Engineering
EvaluationCost Analysis (EECA) Approval Memorandum for the
Site In this memorandum EPA concludes that a CERCLA Non-Time-
Critical Removal Action is necessary and appropriate to control
the source of hazardous substance releases at the Site and
authorizes the undertaking of an EECA study to evaluate various
response options On July 26 1996 EPA approved the EECA
Report prepared by the City of Saco pursuant to the RIFS Order
18 On September 23 1996 the Director of OSRR EPA Region
I signed an Action Memorandum for a Non-Time-Critical Removal
Action at the Site In order to control and contain the release
of hazardous substances from Areas 3 and 4 of the Saco Municipal
Landfill Site the Action Memorandum calls for excavation of
groundwater seep sediments with arsenic concentrations above 19
mgkg the construction of a multi-layer landfill cap
institutional controls long-term monitoring and Post-Removal
Site Control (operation and maintenance) of the cap and
monitoring wells
D Endangerment and Response
19 The primary route by which human populations could be
exposed to hazardous substances migrating from the Site is
Administrative Order By Concent for Removal Action Saeo Municipal Landfill Superfund Site Page 20
ingestion of groundwater in the vicinity of Areas 3 and 4 At
present no residents living near the Site are known to be
consuming impacted groundwater However the potential exists
for new residences to be located (with associated drinking water
wells) near the Site
20 Due to ongoing weather conditions water infiltrates
the landfill waste material and underlying soils causing the
leaching of hazardous substances to the groundwater and the
migration of such substances through the groundwater An
exposure pathway potentially exists therefore through the
ingestion of water from a drinking water well installed in the
groundwater impacted by the hazardous substances
21 A risk evaluation performed for the EECA Approval Memo
concludes that there is an unacceptable cancer and non-cancer
risk from exposure to substances in the groundwater including
those hazardous substances listed in Paragraph 9 above The
cumulative excess cancer risk resulting from ingestion of
groundwater by a future user is estimated as 1 x 10~2 for the
reasonable maximum exposed individual and 91 x 104 for the
average exposed individual These levels exceed the highest
acceptable level of risk (1 x 10) established by EPA under the
Administrative Order By Convent for Removal Action Saoo Municipal Landfill Superfund Site Page 21
National Contingency Plan The hazard index which is an
expression of the potential noncarcinogenic effects (eg liver
damage) of the hazardous substances is estimated as 64 for the
reasonable maximum exposed individual and 22 for the average
exposed individual A hazard index significantly greater than
one is considered to pose an unacceptable risk
22 The EECA Approval Memo risk evaluation also identified
an unacceptable risk from human exposure to the maximum
concentrations of arsenic in the groundwater seeps and an
unacceptable non-cancer risk from human exposure to chromium in
the soils adjacent to Area 3
23 An ecological risk was also identified by the EECA
Approval Memo risk evaluation Iron concentrations in Sandy
Brook were up to 18 times the ambient water quality criteria and
arsenic concentrations in Sandy Brook sediments and the
groundwater seep sediments were 138 times the NOAA ER-L
24 The Removal Action specified in the Action Memorandum
signed by the Director of OSRR EPA Region I on September 23
1996 and as detailed in the Order and SOW is designed to
control the actual or threatened release of hazardous substances
into the groundwater air surface water and sediments and
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 22
thereby prevent minimize andor mitigate the imminent and
substantial endangerment to the public health or welfare or the
environment posed by the actual or potential releases of
hazardous substances from the Landfill
V EPAS AND MAINE PEPS DETERMINATIONS
Based on the Findings of Fact set forth above and the
administrative record supporting the Removal Action EPA and the
Maine DEP have determined that
25 The Saco Municipal Landfill Superfund Site is a
facility as defined by Section 101(9) of CERCLA 42 USC
sect 9601(9) and an uncontrolled hazardous substance site within
the meaning of the Maine Uncontrolled Sites Law 38 MRSA
sect 1362(3) (1989 amp Supp 1997)
26 The hazardous substances found at the Site as
identified in the Findings of Fact above include hazardous
substance(s) as defined by Section 101(14) of CERCLA 42 USC
sect 9601(14) and the Maine Uncontrolled Sites Law 38 MRSA
sect 1362(1) (1989 amp Supp 1997)
27 Each Respondent is a person as defined by Section
101(21) of CERCLA 42 USC sect 9601(21)
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 23
28 Each Respondent is a liable party within the meaning of
Section 107(a) of CERCLA 42 USC sect 9607(a) and a responsible
party within the meaning of the Maine Uncontrolled Hazardous
Substances Sites Law 38 MRSA sect 1362(2) (1989 amp Supp 1997)
29 The conditions described in the Findings of Fact above
constitute an actual or threatened release of a hazardous
substance from the facility into the environment as defined by
Section 101(8) and (22) of CERCLA 42 USC sect 9601(8) and (22)
30 The conditions present at the Site may constitute a
threat to public health welfare andor the environment based
upon the factors set forth in Section 300415(b)(2) of the
National Contingency Plan 40 CFR sect 300415(b)(2)
31 The actual or threatened release of hazardous
substances from the Site may present an imminent and substantial
endangerment to the public health welfare or the environment
within the meaning of Section 106(a) of CERCLA 42 USC
sect 9606(a) and may constitute threats or hazards posed or
potentially posed by an uncontrolled site within the meaning of
the Maine Uncontrolled Sites Law 38 MRSA sect 1364 (1989 amp
Supp 1997)
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 24
32 In order to protect the public health and welfare and
the environment and prevent the further release or threat of
release of hazardous substances in at or from the Site a
Removal Action is necessary and appropriate The Removal Action
will consist of implementation of this Order and SOW The SOW is
designed to prevent minimize andor mitigate damage to the
public health or welfare or the environment which may otherwise
result from the release or threat of release of hazardous
substances and was developed in accordance with the criteria set
forth at Section 300415 of the NCP 40 CFR sect 300415 The
Removal Action is not inconsistent with the NCP and CERCLA
33 Despite the Non-Performing Respondents agreement to
make payments to be used for performance of the Work and the
Performing Respondents agreement to perform Work under this
Order Respondents do not admit any of the factual or legal
determinations made by EPA and Maine DEP Respondents agreement
to this Order shall not be construed to be an acknowledgment that
the release or threatened release constitutes an imminent and
substantial endangerment to the public health or welfare or the
environment Except as otherwise provided in the Federal Rules
of Evidence and other than in proceedings to enforce i) this
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 25
Order ii) any agreement between and amonc e Performing
Respondent and Non-Performing Respondents regarding the Site or
iii) a judgment relating to this Order or any such agreement
Respondents participation in this settlement shall not be
considered an admission of liability for any purpose and the
fact of such participation shall not be admissible in any
judicial or administrative proceeding
VI ORDER
34 Based upon EPAs and MEDEPs jurisdiction the Findings
of Fact and Determinations set forth above and the
administrative record supporting the Removal Action EPA and the
Maine DEP hereby order and the Parties hereby agree that the
Respondents as required herein shall comply with the provisions
of this Order and SOW and perform all actions required by the
terms and conditions of this Order and SOW
VII REMOVAL WORK TO BE PERFORMED COMPLETION OF WORK
35 Upon the effective date of this Order the City shall
perform the Work detailed in the SOW to perform the Removal
Action and meet the performance standards specified in the Action
Memorandum and the SOW The Parties agree that the SOW is
consistent with the Action Memorandum Notwithstanding any
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 26
determination that EPA may make under Paragraph 70 cpound this Order
that additional response actions are necessary to attain the
performance standards specified in the Action Memorandum
compliance with the Work requirements specified in the SOW shall
constitute compliance with the Citys obligation to perform the
Work required by this Paragraph (Paragraph 35) If the SOW must
be modified to ensure that the City meets the performance
standards specified in the Action Memorandum and the SOW the
City must thereafter complete the Work required by the SOW as
modified As specified in the SOW the Removal Action will
generally consist of (i) excavation of all sediments in the
groundwater seep adjacent to Sandy Brook having an arsenic
concentration above 19 mgkg (ii) the design and construction of
a multi-layer low hydraulic conductivity cap over the landfill
(iii) long-term monitoring of the groundwater surface water and
sediments (iv) Post-Removal Site Control and (v) institutional
controls including deed restrictions andor other controls to
prohibit the future use of the Site in any manner that would
compromise the integrity of the cap and its related systems
36 The City shall conduct as necessary Post-Removal Site
Control at the Site in accordance with the SOW All activities
Administrative Order By Connent for Removal Action Saco Municipal Landfill Superfund Site Page 27
performed by the City shall be conducted in accordance with
CERCLA the NCP applicable guidance documents specified by EPA
in the SOW and the provisions of this Order including any
standards specifications and time schedules contained in the
SOW (as such may be amended) and its attachments
37 Pursuant to the schedule in Attachment A to the SOW
the City shall submit for EPA Approval the Final Demonstration of
Compliance and Completion of Removal Action Report (the Final
Completion of Removal Action Report) The Final Completion of
Removal Action Report shall conform to the requirements specified
in the SOW The Final Completion of Removal Action Report shall
also include the following certification signed by the Citys
Project Coordinator or a responsible City official
On behalf of the City for whom I have the authority to make this certification I certify that to the best of my knowledge after appropriate inquiries of relevant persons involved in the preparation of the Report the information submitted 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
38 If EPA after reasonable opportunity for review and
comment by the State determines that the construction portion of
the Removal Action has been fully performed in accordance with
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superpoundund Site Page 28
this Order (with the exception of continuing obligations required
by this Order including without limitation Post-Removal Site
Control long-term monitoring and record preservation) and that
the performance standards specified in the Action Memorandum and
the SOW have been achieved EPA will provide written notice to
the City If EPA after reasonable opportunity for review and
comment by the State determines that all activities have not
been completed in accordance with the provisions of this Order
it will so notify the City and provide a list of the tasks
remaining and a schedule for their completion Subject to the
Citys right to invoke Dispute Resolution the City shall perform
all remaining tasks and shall submit an amended Final Completion
of Removal Action Report in accordance with the EPA notice
VIII COORDINATION AND COOPERATION WITH OTHER RESPONSE ACTIONS
39 The Parties recognize that (i) the City of Saco is
currently performing an RIFS at the Site (ii) EPA intends
after reasonable opportunity for review and comment by the Maine
DEP to select a final remedial action for the Site following
completion of the RIFS and (iii) the design andor construction
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Superfund Site Page 29
of a future remedial action may be performed concurrently with
the Citys performance of portions of the Removal Action
40 The City shall coordinate and cooperate fully with EPA
the State and any other person conducting future response
actions at the Site under EPA or State supervision The City
shall not interfere with or hinder the performance of future
response actions nor take any actions inconsistent with the
performance of any future response actions Further the City
shall provide such assistance and information as EPA deems
necessary to ensure the smooth transfer of the operation and
maintenance of the landfill systems to EPA and any other person
conducting future response actions at the Site under EPA or State
supervision if such becomes necessary
IX ENSftlt3EMTiTJT 9F THE CITYS CONSULTANT AND CONTRACTOR AND PROJECT COORDINATOR
41 The City has selected a qualified Consultant (the
Consultant) Woodard and Curran Inc to perform engineering
consulting work including cap design required under this Order
Additional technical activities including cap construction will
be performed by a contractor yet to be selected The Consultant
and contractor shall employ key personnel dedicated to the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 30
Removal Action that shall have a minimum of five (5) years of
direct experience in performing response actions at hazardous
waste sites Subcontractors retained by the Consultant or
contractor shall contribute no more than fifty percent (50) of
the total work to be conducted under the agreement between the
City and the Consultant All work performed by said Consultant
and contractor pursuant to this Order shall be unde^ the general
direction and supervision of a qualified individual with
expertise in hazardous waste site cleanup The contractor shall
employ such professional staff and shall contract with
appropriate subcontractors sufficient to perform the Removal
Action prior to engagement by the City
42 The City shall provide written notice to EPA and the
Maine DEP within ten (10) days after engaging a contractor The
notice shall include a copy of the Citys contract with the
contractor a statement of qualifications identification of
project personnel and language dedicating the specific
professional staff for specific hours devoted to the project
The City shall notify EPA and the Maine DEP regarding the
identity and qualifications of all subcontractors as soon as each
subcontractor is engaged or at least fourteen (14) days prior to
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Superfund Site Page 31
the subcontractors commencement of Site Work whichever occurs
first Notice by the Citys contractor or subcontractor shall be
deemed notice by the City EPA after reasonable opportunity for
review and comment by the Maine DEP shall have the right
subject to the Citys right to invoke Dispute Resolution to
disapprove based on professional qualifications conflicts of
interest andor deficiencies in previous similar work the
Consultant and any contractor or subcontractor or other person
engaged directly or indirectly by the City to conduct the Work
under this Order The City shall not be deemed in violation of
this Order because the Work has been performed by a contractor or
subcontractor or other person engaged directly or indirectly by
the City to conduct the Work under this Order which is
subsequently disapproved by EPA
43 Within fourteen (14) days after the effective date of
this Order the City shall designate a Project Coordinator who
shall be responsible for the administration of all actions called
for by this Order and shall submit the Coordinators name
address and telephone number to EPA and the ^aine DEP Any
subsequent change in the Citys Project Coordinator shall be
accomplished to the extent possible by notifying EPA and the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 32
Maine DEP in writing at least fourteen (14) days prior to the
change The Citys Project Coordinator shall be subject to
disapproval by EPA and shall have the technical expertise
sufficient to adequately oversee all aspects of the work required
under this Order
X DESIGNATION OF GOVERfffMHSITT COORDINATORS
44 EPA will designate a Remedial Project Manager (WRPM)
for administration of its responsibilities for oversight of the
day-to-day activities conducted under the Order and for receipt
of all written matter including deliverables required by the
Order The Maine DEP may designate a Maine DEP Project Manager
for the administration of its responsibilities for oversight of
the day-to-day activities conducted under the Order and for
receipt of all written matter including deliverables submitted
to the Maine DEP as required by this Order In addition EPA
will designate a Geographic Section Chief (GSC) who shall have
ultimate responsibility for the approvaldisapproval findings and
comments on Deliverables pursuant to Section XIV of this Order
EPA will submit the name address and telephone number of the
RPM and GSC to the City and the Maine DEP within fourteen (14)
days after the effective date of this Order EPA shall notify
Administrative Order By Consent for Removal Action Saco Municipal Landfill Suparfund Site Page 33
the City and the Maine DEP in writing of any subsequent changes
in the RPM or GSC
45 The RPM shall have the authority vested in the On-Scene
Coordinator and the Remedial Project Manager by the National
Contingency Plan as amended 40 CFR Part 300 This includes
the authority to halt conduct or direct any tasks required by
this Order andor any response action or portions thereof when
conditions may present an imminent and substantial endangerment
to public health or welfare or the environment The absence of
the EPA RPM from the Site shall not be cause for the City to halt
actions at the Site unless specifically directed by the RPM
XI PLACE AND MANNER OF NOTICE
46 Communications between the City and EPA andor the
Maine DEP and all documents including reports approvals
disapprovals written notice and other correspondence concerning
the activities performed pursuant to the terms and conditions of
this Order shall be directed through the Citys Project
Coordinator the EPA RPM and the Maine DEP Project Manager For
each Deliverable provided to EPA one (I) camera ready (unbound)
original shall be submitted along with such additional copies as
are required by the RPM Additionally two (2) copies shall be
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 34
submitted to the Maine DEP Project Manager along with such
additional copies as the Maine DEP Project Manager may request
All such documents submitted pursuant to this Order shall be sent
by certified mail return receipt requested or by overnight
delivery service or by courier to the EPA RPM and the Maine DEP
Project Manager at the following addresses or to such other
addresses as EPA or the State hereafter may designate in writing
Mary Jane ODonnell Chief MEVTCT Superfund Section US Environmental Protection Agency Office of Site Remediation and Restoration - HBT JFK Federal Building Boston MA 02203
Wilkes Harper Maine DEP Bureau of Remediation and Waste Management 17 State House Station Augusta ME 04333-0017
XII OBSERVATION OF THE CITYS ACTIVITIES
47 The City shall allow the EPA RPM EPA and State
employees (including but not limited to the Maine DEPs Project
Manager) agents consultants contractors and authorized
representatives to observe the Citys Work at the Site in
implementing the Removal Action activities pursuant to this
Order All activities under this Order shall comply with the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 35
provisions for respmdash pe action worker safety and health in
29 CFR sect 1910120 EPA and Maine DEP will provide reasonable
notice to the City prior to such observation to the extent
practicable The City shall permit such persons (i) to inspect
and copy all non-privileged records documents files or other
writings that relate in any way to the work at the Site and that
would be available to EPA pursuant to its authority under Section
104(e)(2) of CERCLA (ii) to record all field activities by means
of photographic or other recording equipment (iii) to enter and
to freely move about all property on or about the Site during
field activities and at all other reasonable times (iv) to
conduct such tests as EPA may deem necessary (the results of
which shall be available to the Respondents and (v) to verify
the data submitted to EPA by the City The City shall not assert
privileges with respect to technical data regarding the Site
collected pursuant to any requirement of the RIFS Administrative
Order by Consent this Order or any other EPA or Maine DEP
request
XIII NECESSITY OF FORMAL APPROVAL
48 No informal advice guidance suggestions or comments
whether written or oral by EPA or the Maine DEP regarding
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 36
Deliverables or regarding any orv er written or oral information
submitted by the City to EPA (including any information the City
provides to EPA before during or after meetings) shall be
construed as relieving the City of its obligations to obtain such
formal reviews as may be required by this Order and SOW
XIV DELIVERABLES SUBMITTED TO EPA AND THE MAINE PEP
49 For Deliverables which require EPA Approval as
specified in this Order or the SOW the City shall comply with
the procedures set forth in subsection XIVA below For
Deliverables which require Performing Respondents Certification
as specified in the SOW the City shall comply with the
procedures set forth in subsection XIVB below
50 All Deliverables submitted to EPA and the Maine DEP
shall be delivered to EPA and the Maine DEP in accordance with
the schedule set forth in the SOW or otherwise established under
this Order or as modified in accordance with Section XXXXI All
Deliverables which have not received an Approval or Approval with
Conditions pursuant to subsection XIVA below or which require
the Citys Certification pursuant to subsection XIVB below
shall include the following disclaimer in a prominent location in
the document Disclaimer This document has been prepared by
Administrative Order By Concent for Removal Action Saco Municipal Landfill Superfund Site Page 37
the City pursuant to a government administrative order and has
not received final acceptance from the US Environmental
Protection Agency The opinions findings and conclusions
expressed are those of the authors and not those of the US
Environmental Protection Agency or Maine Department of
Environmental Protection In addition any such Deliverable
which requires EPA Approval pursuant to subsection XIVA below
and which has not received final approval from EPA shall be
marked DRAFT on each page
51 Any Deliverable required by this Order or SOW shall be
incorporated in and become an enforceable part of this Order
upon EPA Approval pursuant to subsection XIVA or upon the
Performing Respondents Certification pursuant to subsection
XIVB whichever applies Delay or noncompliance with such
Deliverables shall be considered delay or noncompliance with
requirements of this Order and the provisions of Section XXX
(Stipulated Penalties) shall apply
A Deliverables Requiring EPA Approval
52 EPA will review each Deliverable which requires EPA
Approval as specified in this Order or Attachment A of the SOW to
determine after reasonable opportunity for review and comment by
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 38
the Maine DEP whether it is consistent wi^b the requirement-^ of
the SOW and the Order and may respond to the City with one or
more of the following findings
a Approval -- means that the City shall proceed with the
next scheduled activity consistent this Order
(including the approved Deliverable)
b Approval with Conditions -- means that the City shall
proceed with the next scheduled activity subject to
certain required modifications or conditions set forth
in the EPA comments In its response EPA will specify
a schedule for resubmitting the Deliverable with the
required modifications or conditions as set forth in
the EPA comments and EPA will specify in writing the
required modifications or conditions If the City
fails to resubmit the Deliverable within the specified
time EPA may order the City to cease work on the
activity or any portion of it until such time as the
modification is made or the condition is met
c Disapproval with Modification Required -- means that
the City shall not proceed until it modifies the
Deliverable to correct the deficiencies delineated in
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 39
EPAs corr(ccergtsl and resubmits the Deliverable for
further EPA review Modifications may be required in
any originally-submitted Deliverable any portions of a
Deliverable or any Deliverable or portion of a
Deliverable resubmitted to EPA EPA will specify a
schedule for resubmitting any Deliverable requiring
modifications
d Disapproval with EPA Modification mdash means that EPA has
determined that it will modify the submission to cure
any deficiencies in the Deliverable andor undertake
the Work or any portion of it itself EPA will include
a brief explanation for its determination within the
Notice of Disapproval with EPA modification The City
agrees to reimburse EPA for the costs of such
modification or such Work undertaken by EPA as
Extraordinary Response Costs pursuant to and subject to
Paragraph 82 of this Order However EPA shall not
modify a submission without first providing the City at
least one notice of deficiency and an opportunity to
cure within seven (7) days of receipt of such notice
except where to do so would cause serious disruption to
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 40
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
53 Any disapproval of a Deliverable will give rise to
stipulated penalties as set out in this Order- stipulated
penalties shall accrue from the time the disapproved Deliverable
was originally due Stipulated penalties shall not be payable
however for Deliverables Disapproved with Modification Required
unless disapproval of a first resubmission is due to a material
defect In the case of Deliverables Disapproved with EPA
Modification pursuant to Paragraph 52d stipulated penalties
shall not continue to accrue after 30 days after the Deliverable
is disapproved except if the City disputes the disapproval in
which case stipulated penalties shall run in accordance with
Section XXX of this Order In the event of a disagreement over
EPAs determination concerning a Deliverable the parties shall
resolve the disagreement in accordance with the Dispute
Resolution Section (Section XXIX) of this Order A determination
of Approval or Approval with Conditions shall not be construed to
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 41
mean that EPA concurs with all conclusions methods or
statements in the Deliverables
B Deliverables Requiring Performing Respondents Certification
54 Each Deliverable requiring the Performing Respondents
Certification as specified in Attachment A of the SOW shall be
certified by the City as provided below Upon submittal to EPA
and the Maine DEP the City shall proceed with the next scheduled
activity consistent with each such Deliverable without further
notification or approval by EPA Each such Deliverable shall
include the following certification signed by the Citys Project
Coordinator
On behalf of the City for whom I have the authority to make this certification I certify to the best of my knowledge and professional judgment after appropriate inquiries of relevant persons involved in the preparation of this Deliverable that the guidance documents specified in the SOW which apply to this Deliverable were reviewed in preparation of this Deliverable I further certify that to the best of my knowledge and professional judgment this Deliverable is in accordance with the SOW and the guidance documents specified therein which apply to this Deliverable I am aware that the City may be subject to stipulated penalties for submitting a Deliverable that is not in conformance with the SOW and the guidance documents specified therein which apply to this Deliverable
55 EPA at its discretion may provide comments to the
City concerning any Deliverable requiring the Performing
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Suparfund Site Page 42
Respondents Certification and after reasonable opportunity for
review and comment by the State may disapprove the Deliverable
and notify the City of deficiencies in writing Upon receipt of
a notice of disapproval with deficiencies the City shall suspend
performance of all action required by the Deliverable and shall
correct the deficiencies and resubmit the Deliverable within
thirty (30) days or such other time period specified by EPA in
the notice of disapproval Notwithstanding a notice of
disapproval the City shall proceed to take any action required
by any non-deficient portion of the Deliverable If EPA
disapproves the Deliverable as resubmitted the City shall be in
violation of the Order and the provisions of Section XXX
(Stipulated Penalties) shall apply
XV MONTHLY PROGRESS REPORTS AND MEETINGS
56 The City shall provide monthly written progress reports
(Progress Reports) to EPA and the Maine DEP as specified in
the SOW Meetings between the RPM the Maine DEP the RPC and
the Consultant may be held at least once per month at the EPA
office in Boston unless EPA designates another location or
determines that a monthly meeting is not required for a
particular month The City id the Consultant and contractor
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 43
engaged to perform the Work under this Order shall also meet with
and make formal presentations to EPA at the completion of major
components of the Removal Action as specified by the EPA RPM
After completion of all construction activities the City may
upon EPA approval reduce the frequency of submission of the
monthly Progress Reports
57 The City shall submit in its monthly progress reports a
summary of results of sampling andor tests and other data
generated by the City by its Consultant and contractor or on
the Citys behalf in the course of implementation of the Order
The City shall furnish the full results and any underlying
documentation to EPA upon request
XVI QUALITY ASSURANCEQUALITY CONTROL
HEALTH AND SAFETY COMPLIANCE
58 While conducting sample collection sample analysis
and construction activities required by this Order the City
shall use quality assurance quality control and chain of
custody procedures in accordance with EPAs Interim Guidelines
and Specifications for Preparing Quality Assurance Project Plan
(December 1980 QAMS-00580) Data Quality Objective Guidance
(EPA540G87003 and 004) subsequent amendments to such
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 44
guidelines the Quality Assurance Project Plan (QAPP) approved
under the RIFS Order and additional quality assurance
procedures for construction activities required in the SOW
59 The City shall prepare a Health and Safety Plan as
required and described in the SOW The Health and Safety Plan
shall be consistent with and implement standards promulgated by
the Secretary of Labor pursuant to CERCLA and Section 6 of the
Occupational Safety and Health Act of 1970
XVII SPLIT SAMPLING
60 At the request of EPA or the Maine DEP the City shall
provide split or duplicate samples to EPA and the Maine DEP or
their authorized representatives of any samples collected by the
City pursuant to the implementation of this Order Similarly
the City shall allow such split or duplicate samples to be taken
by EPA the Maine DEP andor their authorized representatives
The City shall notify EPA and the Maine DEP not less than thirty
(30) days or such lesser time as approved by the EPA RPM in
advance of any sample collection activity Not less than twenty-
one (21) days in advance of sample collection or such lesser
time as approved by the RPM the City shall notify EPA and the
Maine DEP of the sampling date sampling media and the number of
Administrative Order By Convent for Removal Action Saco Hunicipal Landfill Superfund Site Page 45
samples from each media EPA and the Maine DEP shall conduct any
sampling activities in a reasonable manner Upon request EPA
and the Maine DEP shall allow the City to take split or duplicate
samples of any samples they collect as part of their oversight of
the Citys implementation of the Work
XVIII RECORD PRESERVATION
61 During the pendency of this Order and for a period of
not less than six (6) years after EPA approval of the Final
Completion of Removal Action Report the Respondents shall
preserve all records and documents in their possession which
relate in any way to the performance of activities required under
this Order notwithstanding any document retention policy to the
contrary provided that this Paragraph shall not apply to copies
of documents that are generated by the City EPA or the State of
Maine related to this Order that are in the custody of any Non-
Performing Respondent This Paragraph does not alter the
document retention requirements of the RIFS Order and the Cost
Recovery Administrative Agreement The City shall instruct its
consultants contractors and agents to preserve all records and
documents in their possession which relate to the performance of
the activities required under this Order At the conclusion of
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 46
this document retention period the Respondents shall notify JlPA
and the Maine DEP at least ninety (90) days prior to the
destruction of any such records or documents The Respondents
shall send such notice accompanied by a copy of this Order to
Office of Regional Counsel US Environmental Protection Agency JFK Federal Building Boston MA 02203 Attention Saco Municipal Landfill Superfund Site Re Administrative Order by Consent for Removal Action
and Wilkes Harper Maine DEP Bureau of Remediation and Waste Management 17 State House Station Augusta ME 04333-0017
Upon request by EPA the Respondents shall deliver to EPA any or
all such non-privileged records and documents or copies of any
such non-privileged records and documents The Settling Parties
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 Parties
assert such a privilege they shall provide the EPA with the
following (l) the title of the document record or
information (2) the date of the document record or
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 47
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 Parties However no documents reports or other
information created or generated to meet the requirements of the
Order shall be withheld on the grounds that they are privileged
If EPA does not elect to take delivery of any records or
documents or copies thereof upon request by the Maine DEP the
Respondents shall deliver the requested records and documents or
copies thereof to the Maine DEP If neither EPA nor the Maine
DEP elect to take delivery of any records documents or copies
within 90 days of notice to EPA and the Maine DEP the
Respondents may destroy such records or documents as noticed
XIX CONFIDENTIALITY CLAIMS
62 The City may assert a confidentiality claim if
appropriate covering all or part of the information requested by
this Order pursuant to 40 CFR sect 2203(b) Such an assertion
shall be adequately substantiated when it is made Neither
analytical data nor any information specified in Section
104(e)(7)(F) of CERCLA shall be claimed as confidential by the
Administrative Order By Consent for Removal Action Sm -o Municipal Landfill Suprfund Site Page 48
City Information in EPAs custody which is determined to be
confidential by EPA shall be afforded the protection specified by
40 CFR Part 2 Subpart B and Section 104(e)(7) of CERCLA
Information in MEDEPs custody which is determined to be
confidential by EPA shall be afforded the protection specified by
40 CFR Part 2 Subpart B to the extent provided by applicable
Maine law If no such claim accompanies the information when it
is submitted to EPA and the Maine DEP it may be made available
to the public by EPA and the Maine DEP without further notice to
the City
XX SITE ACCESS
63 The City shall grant access to the Site to EPA and the
Maine DEP and their officers employees agents contractors
consultants and other authorized representatives for purposes of
implementing and monitoring work to be performed urder this
Order during field activities and at all other reasonable times
64 To the extent access to use or ownership of or
easements over property other than the Site is required for the
proper and complete implementation of this Order the City shall
use i_3 best efforts to obtain site access agreements or other
interests in such property within ninety (90) days after the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 49
Orders effective date or within forty-five (45) days of when
EPA and the Maine DEP determine that such access or other
interests become necessary if EPA and Maine DEP first determine
that such access or other interests are necessary after the
effective date of this Order For purposes of this Paragraph
best efforts include but are not limited to providing
reasonable consideration in exchange for access to or other
interests in property
65 Such written access agreements or other interests
obtained pursuant to the preceding Paragraph shall at a minimum
allow the Citys authorized representatives and EPA and the
Maine DEP and their officers employees agents contractors
consultants and other authorized representatives to enter freely
and move about the property during field activities and at all
other reasonable times in order to implement and oversee the
implementation of the Work under this Order consistent with the
other provisions of this Order In the event that the City fails
to obtain any necessary access agreements or other interests
within the time period specified above the City shall notify EPA
and the Maine DEP in writing within five (5) days thereafter
Such notification shall include a description of the efforts made
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 50
by the City to obtain the necessary access and other interests
and the reason for its lack of success The City shall reimburse
EPA for the costs of any action necessary to obtain access as
Extraordinary Response Costs pursuant to and subject to the terms
of Paragraph 82
XXI ENDANGERMENT AND EMERGENCY RESPONSE
66 Upon the occurrence of any event or change of
conditions during implementation of this Order that causes or
threatens any release of hazardous substances pollutants or
contaminants from the Site that endangers the public health
welfare or the environment the City shall immediately take all
appropriate action to prevent abate or minimize such release or
endangerment The City shall also orally notify the EPA and
Maine DEP RPMs within twenty-four (24) hours or in the event of
the EPA RPMs unavailability shall notify within the same period
the Regional Duty Officer of the Emergency Planning and Response
Branch EPA Region I telephone (617) 223-7265 The City shall
act in accordance with all applicable provisions of the Health
and Safety Plan prepared pursuant to the Statement of Work
67 The City shall submit a written report to EPA and the
Maine DEP within seven (7) days after each such event setting
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 51
forth (i) the events that have occurred (ii) the measures caken
and to be taken to mitigate any harm caused or threatened by the
event and (iii) the measures taken and to be taken to prevent
the recurrence of such an event
68 Regardless of whether or not such a report is made to
EPA if EPA determines after reasonable opportunity for review
and comment by the Maine DEP to the extent time permits that
activities in compliance or noncompliance with this Order have
caused or may cause a release of a hazardous substance pollutant
or contaminant that endangers the public health or welfare or the
environment EPA may (i) order the City to stop further
implementation of this Order for such period of time as may be
needed to abate such release or threat (ii) instruct the City to
undertake any action which EPA determines is necessary to abate
such a release or threat andor (iii) undertake any action not
inconsistent with the NCP which EPA determines is necessary to
abate such a release or threat
69 In the event that EPA takes action at the Site to remedy
such a release threat of release or endangerment the City
shall reimburse EPA for the costs of such action not inconsistent
with the NCP as Extraordinary Response Costs pursuant to and
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 52
subject to the terms of Paragraph 82 In the event of a
disagreement between the City and EPA andor the Maine DEP under
this Paragraph the parties shall resolve such dispute in
accordance with the Dispute Resolution provisions in Section
XXIX
XXII ADDITIONAL RESPONSE ACTIONS
70 EPA after reasonable opportunity for review and
comment by the Maine DEP may determine that additional response
actions are necessary to carry out the Removal Action or to meet
the performance standards specified in the Action Memorandum and
the SOW Within 30 days of the Citys receipt of notice from EPA
that additional response actions are necessary (or such longer
time as may be specified by EPA) the City shall submit for EPA
approval after reasonable opportunity for review and comment by
the Maine DEP a work plan for the additional response actions
The plan shall conform to this Order the SOW CERCLA the NCP
and guidance documents identified by EPA Upon EPA approval of
the work plan pursuant to Section XIV (Deliverables Submitted to
EPA) the City shall implement the work plan for additional
response actions in accordance with the schedule contained
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 53
therein All applicable provisions of this Order shall apply to
the performance of additional response actions
71 The City may independently propose that additional
response actions are necessary to carry out the Removal Action or
to meet the performance standards specified in the Action
Memorandum and the SOW In the event EPA after reasonable
opportunity for review and comment by the Maine DEP accepts the
Citys proposal the procedures in the preceding Paragraph shall
govern
72 The City may invoke the procedures set forth in Section
XXIX (Dispute Resolution) to dispute EPAs determination that
additional response actions are necessary to carry out the
Removal Action or to meet the performance standards specified in
the SOW
XXIII OFF-SITE POLICY
73 All hazardous substances pollutants or contaminants
removed off-site pursuant to this Order for treatment storage
or disposal shall be treated stored or disposed of at a
facility in compliance with Section 121(d)(3) of CERCLA as
determined by EPA in accordance with 40 CFR sect 300440 The
removal treatment storage and disposal of all hazardous
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 54
substances pollutants or contaminants she- be in accordancj
with the Maine hazardous waste transportation law to the extent
applicable and all other applicable Maine law
74 The City shall prior to any off-site shipment of
hazardous substances pollutants or contaminants from the Site
pursuant to this Order to an out-of-state waste management
facility provide written notification of such shipment to the
appropriate state environmental official in the receiving
facilitys state and to the EPA RPM and the Maine DEP 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 or where the Maine Hazardous Waste
Management Regulations do not require notification
75 The City shall include in the written notification the
following information (1) the name and location of the facility
to which the hazardous substances pollutants or contaminants
are to be shipped (2) the type and quantity of the hazardous
substances pollutants or contaminants to be shipped (3) the
expected schedule for the shipment and (4) the method of
transportation The City shall notify the state in which the
planned receiving facility is locat d of major changes in the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 55
shipment plan such as a decision to ship the hazardous
substances pollutants or contaminants to another facility within
the same state or to a facility in another state
XXIV OTHER APPLICABLE LAWS
76 Except as otherwise provided pursuant to the next
Paragraph and Section 121(e) of CERCLA all activities undertaken
by the City pursuant to this Order shall be performed in
accordance with the requirements of all applicable federal and
state laws and regulations
77 Solely with regard to on-site activities and in
accordance with 40 CFR sect 300415(i) such activities
undertaken on the Site by the City pursuant to this Order shall
attain applicable or relevant and appropriate requirements
(ARARs) under federal and state environmental laws to the
extent practicable considering the exigencies of the situation
as determined by EPA EPA has determined that the ARARs
specified in the Action Memorandum are practicable to attain for
construction of the landfill cap and sediment removal
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 56
XXV COMMUNITY RELATIONS
78 EPA shall be responsible for preparing a Community
Relations Plan and conducting a community relations program The
City and the Consultant engaged to conduct the Removal Action
under this Order shall consistent with the Community Relations
Plan (i) attend and participate in public meetings regarding
the Site to the extent specified by the RPM (ii) prepare fact
sheets concerning the Site and activities conducted under this
Order for submission to the RPM and (iii) provide timely and
appropriate responses to inquiries from the public at the request
of the RPM
XXVI FINANCIAL ASSURANCE INSURANCE
79 Within thirty (30) days after the effective date of
this Order and annually thereafter until EPA approval of the
Final Completion of Removal Action Report the City shall
demonstrate in writing to EPA that it meets one (1) of the
financial assurance mechanisms specified in 40 CFR sect 264143
for the estimated $60 million cost of work to be performed by
the City under this Order If the City can show that the
estimated cost to complete the remaining Work has diminished
below the total estimated cost of the Work the City may on any
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 57
anniversary date of the effective date of this Order or at any
other time agreed to by the Parties reduce the amount of the
financial assurance provided under this Section to the estimated
cost of the remaining Work to be performed The City shall
submit a proposal for such reduction to EPA and the Maine DEP in
accordance with the requirements of this Section and may reduce
the amount of the assurance upon approval by EPA after reasonable
opportunity for review and comment by the Maine DEP In the
event of a dispute the City may reduce the amount of the
assurance in accordance with the final administrative decision
resolving the dispute under the Dispute Resolution Section
80 At least seven (7) days prior to commencing any on-site
work under this Order the City shall secure through itself or
its consultant and shall maintain for the duration of this
Order comprehensive general liability and automobile insurance
with limits of two (2) million dollars combined single limit
The United States and the Maine DEP shall each be named as an
additional insured for all such insurance policies except
automobile insurance policies Within the same time period the
City shall provide EPA and the Maine DEP with certificates of
such insurance and a copy of each insurance policy If the City
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 58
demonstrates to EPA that any Consultant contractor or
subcontractor maintains insurance equivalent to that described
above or insurance covering the same risks but in a lesser amount
and with EPA and the Maine DEP named as insureds then the City
need provide only that portion of the insurance described above
which is not maintained by the Consultant contractor or
subcontractor
81 For the duration of this Order the City shall satisfy
or shall ensure that its Consultant contractors and
subcontractors satisfy all applicable laws and regulations
regarding workers compensation insurance for all persons
performing the Work on behalf of the City in furtherance of this
Order
XXVII REIMBURSEMENT OF EPA EXTRAORDINARY RESPONSE COSTS
82 The City shall reimburse the Hazardous Substances
Superfund for all Extraordinary Response Costs not inconsistent
with the NCP including interest incurred after the effective
date of this Order by the United States in connection with the
Removal Action or the implementation of this Order pursuant to
Paragraphs 52d 65 69 102 and 104 including without
limitation Extraordinary Response Costs incurred by EPA under or
Administrative Order By Connent for Removal Action Saco Municipal Landfill Superfund Site Page 59
in connection with a contract or arrangement between EPA and a
qualified person to assist EPA in conducting activities required
under this Order pursuant to Paragraphs 52d 65 69 102 and
104 Reimbursable Extraordinary Response Costs shall include all
direct costs related to Paragraphs 52d 65 69 102 and 104 and
all indirect costs related to Paragraphs 52d 65 69 102 and
104 calculated in accordance with EPA policy or EPA regulations
in effect at the time that the costs are incurred including
without limitation time and travel costs of EPA personnel
contractor costs costs under a cooperative agreement costs
related to resolving disputes which arise under this Order
related to Work performed by EPA pursuant to Paragraphs 52d 65
69 102 and 104 enforcing obligations arising from EPAs
performance of Work pursuant to Paragraphs 52d 65 69 102 and
104 of this Order the costs of doing andor redoing any of the
Citys obligations under this Order with respect to Paragraphs
52d 65 69 and 102 of this Order EPA contractor and
cooperative agreement costs related to access and community
relations with respect to Paragraphs 52d 65 69 102 and 104
of this Order and any interest that accrues from the date on
which payment becomes due pursuant to the next Paragraph
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 60
83 On an annual basis EPA will submit to the City an
accounting of costs related to this Order that EPA has incurred
and a bill for Extraordinary Response Costs incurred by EPA with
respect to Paragraphs 52d 65 69 102 and 104 of this Order if
EPA has incurred any such costs This bill will consist of a
line-item summary of costs incurred during the preceding year
the summary will include a breakdown of costs by category
including without limitation payroll travel indirect costs and
contracts and a brief narrative of work related to such costs
(generally one to two paragraphs in length) The City shall
within thirty (30) days after receipt of each such bill remit a
certified check payable to the Hazardous Substances Superfund for
the amount of such bill The City shall include the name of the
Site the Site identification number (01-B9) and the docket
number for this Order on the check and mail the check with a
cover letter to
US Environmental Protection Agency Region I
Attn Superfund Accounting PO Box 360197 M
Pittsburgh PA 15251
A copy of the transmittal letter and the check shall be provided
simultaneously to the EPA Remedial Project Manager
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 61
84 If the City disputes a bill or any portion of a bio1
submitted by EPA the City may initiate dispute resolution
pursuant to the procedures of Section XXIX provided however
that the City notify EPA in writing within thirty (30) days after
receipt of the disputed bill and that the City pay all undisputed
portions of the bill in accordance with the provisions of this
Reimbursement Section Unless a determination is made under
dispute resolution that the City is not obligated to pay the
disputed portion of the bill the time for payment of the
disputed portion shall remain the original payment due date
interest shall accrue on any unpaid portion of the bill from the
original payment due date and EPA may seek stipulated penalties
or otherwise act to enforce the Citys compliance with this
Section and the Order If the City fails to raise a dispute
within thirty (30) days of its receipt of the bill the City
remains obligated for payment of the entire amount of the bill on
the original payment due date interest shall accrue on any
unpaid portion of the bill from the original payment due date
and EPA may seek stipulated penalties or otherwise act to enforce
the Citys compliance with this Section and the Order
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 62
XXVIII FORCE MAJEPRE
85 With respect to the Citys compliance with any deadline
for performance of activities under this Order any interim or
final time deadline or any Deliverables schedule set forth in
this Order or SOW no stipulated penalties or other sanctions
will be imposed for delay directly caused by the following events
which could not have been overcome by the Citys due diligence
(i) an act of God or (ii) the public review and comment process
as described in or required by Sections XXII (Additional Response
Actions) or Section XXV (Community Relations) of this Order so
long as the City timely submits all deliverables and meets other
requirements related to those Sections or (iii) any other event
arising from causes beyond the control of the ity including its
consultants contractors and agents However increases in the
cost of performance of the Removal Action shall not excuse
compliance or affect the applicability of the penalty provisions
or other sanctions which are provided for under this Order
Deadlines for performance of activities under this Order
including interim or final time deadlines and Deliverables
schedules set forth in this Order or SOW may be extended only to
the extent that delays caused by conditions specified in (i)
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 63
(ii) and (iii) above materially interfered with or prevented the
Citys execution of its responsibilities during the period of
such delay and no penalties or sanctions will become due for
activities which meet any deadline so extended The City further
agrees to use its most diligent efforts to minimize any delay
which may result The City acknowledges that it will have the
burden of justifying the rationale for delay in performance under
this Section
86 The City shall orally notify the EPA RPM and the Maine
DEP within forty-eight (48) hours of when the City first knew
that the event might cause a delay and shall identify with
specificity the cause of such delay and the estimated duration of
such delay Within seven (7) days after the City first becomes
aware that such event might cause a delay the City shall supply
to EPA and the Maine DEP in writing an explanation of the
cause(s) of any actual or expected delay or noncompliance the
anticipated duration of any delay the measures taken and to be
taken by the City to prevent or minimize the delay or correct the
noncompliance and the timetable for implementation of such
measures Failure to notify EPA and the Maine DEP shall result
in a waiver of the Citys right to assert that the delay should
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 64
be excused under the terms of this Section for the period of time
of such failure to notify and for any additional delay caused by
such failure The City shall be deemed to know of any
circumstance of which the City any entity controlled by the
City or the Citys contractors or subcontractors knew or should
have known In the event of a disagreement under this Section
the parties shall resolve such disagreement in accordance with
the Dispute Resolution Section of this Order Section XXIX
87 If EPA after reasonable opportunity for review and
comment by the Maine DEP determines that a delay in performance
of a requirement under this Order is or was attributable to an
event specified in (i) through (iii) of Paragraph 85 above the
time period for performance of that requirement shall be extended
by EPA to the extent necessary Such an extension shall not
alter the Citys obligation to perform or complete other tasks
required by the Order which are not directly affected by the
force majeure event If EPA after a reasonable opportunity for
review and comment by the Maine DEP does not agree that the
delay or anticipated delay has been or will be caused by such
an event EPA will notify the City in writing of its decision
If EPA after a reasonable opportunity for review and comments by
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 65
the Maine DEP agrees that the delay is attributable to such an
event EPA will notify the City in writing of the length of the
extension if any for performance of the obligations affected by
the event
XXIX DISPUTE RESOLUTION
88 If the City objects to any EPA notice of disapproval or
decision made pursuant to this Order including any decision
which has resulted in the assessn it of stipulated penalties any
scheduling matter or in the event of circumstances that arise
that are subject to the Citys right to invoke Dispute Resolution
elsewhere in this Order or in the Cost Recovery Administrative
Agreement the City shall notify EPA and the Maine DEP in writing
of its objections within five (5) days of receipt of the notice
decision or other circumstance EPA in consultation with the
Maine DEP and the City shall communicate on the disputed matter
and shall have fourteen (14) days from the receipt by EPA and the
Maine DEP of the notification of objection to reach agreement
If agreement cannot be reached on any issue within this fourteen
(14) day period the City shall have five (5) additional days to
submit its position in writing to the EPA Director of OSRR The
Director of OSRR after reasonable opportunity for review and
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 66
comment by the Maine DEP shall provide a written determination
to the City within five (5) days of receipt of that
determination unless EPA agrees to a later time the City shall
initiate implementation of the activities required by the EPA in
accordance with the schedule provided by EPA which schedule
shall be subject to Dispute Resolution unless it has already
been or could have been subject to Dispute Resolution Except
as specifically provided herein dispute resolution among the
parties shall not be cause for the delay of the Work In
addition stipulated penalties as set out below if applicable
will continue to accrue during the dispute resolution period
except as provided in Paragraphs 94 and 95 No EPA decision made
pursuant to this Paragraph shall constitute a final Agency action
giving rise to judicial review
89 In the event that the City does not implement the
activities required by the EPA determination pursuant to
Paragraph 88 EPA or the Maine DEP may take such enforcement
actions against the City as may be provided by statutory or
equitable authorities including but not limited to the
assessment of such civil penalties or damages as are authorized
by Sections 122 and 109 of CERCLA and Maine law
Administrative Order By Conaent for Removal Action Saco Municipal Landfill Superpoundund Site Page 67
XXX STIPULATED
90 The Respondents shall be liable to EPA and MEDEP for
stipulated penalties in the amounts set forth in this Section for
failure to comply with the requirements of this Order andor the
SOW unless compliance is excused by EPA under Section XXVIII
(Force Majeure) Compliance by the City shall include but not
be limited to the timely and adequate submission of Deliverables
and performance of activities under this Order in accordance with
all applicable requirements of law this Order the SOW and any
Deliverables which have received EPA Approval or the Performing
Respondents Certification pursuant to this Order Compliance
by the Non- Per forming Respondents shall mean timely compliance
with Paragraph 96 of this Order
91 The following stipulated penalties shall be payable per
violation per day to EPA and MEDEP jointly in accordance with
Paragraph 94 for any noncompliance except those identified in
Paragraphs 92 or 93
Penalty Pet Violation Period of Noncompliance Per Day _
$ 750 1st through 14th day $ 1500 15th through 30th day $ 3000 31st day and beyond
Administrative Order By Concent for Removal Action Saco Municipal Landfill Superfund Site Page 66
92 The following stipulated penalties shall be payable per
violation per day to EPA and the MEDEP jointly in accordance with
Paragraph 94 for the submission or resubmission of an untimely or
substantially defective 100 NTCRA Design or an untimely or
substantially defective Final Completion of Removal Action Report
pursuant to the SOW
Penalty Per Violation Period of Toncompliance Per Day
$ 1500 1st through 14th days $ 3000 15th day through 30th day $ 5000 31st day and beyond
93 In the event that the City fails to submit timely or
adequate progress reports or meeting letter reports pursuant to
the SOW the City shall be liable to EPA and MEDEP jointly in
accordance with Paragraph 94 for stipulated penalties of $500
(five hundred dollars) per violation per day
94 Penalties shall begin to accrue on the day after
performance 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 except that
stipulated penalties shall not accrue (1) with respect to any
Disapproval with Modification Required or Disapproval with EPA
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 69
Modification under Section XIV of this Order during the period
if any beginning on the 31st day after EPAs receipt of such
submission until the date that EPA notifies the City of any
deficiency (2) with respect to a decision by the Director of the
Office of Site Remediation and Restoration under Section XXIX of
this Order during the period if any beginning on the 21st day
after the date the Citys reply to EPAs Statement of Position is
due until the date the Director issues a final decision regarding
such dispute and (3) beyond thirty days after the Director of
the Office of Site Remediation and Restoration issues a final
decision regarding a dispute about a Deliverable Disapproved with
EPA Modification pursuant to Paragraph 52d Any penalty
otherwise accruing under Paragraphs 91 92 or 93 shall be due and
payable within thirty (30) days of the receipt of a written
demand by EPA or the Maine DEP except as provided in aragraph
95 In assessing stipulated penalties for delay caused by a
negative referendum vote on future funding necessary for timely
compliance with this Order EPA and Maine DEP shall weigh all
considerations including the length of the delay caused by the
vote and efforts by City officials to inform the voters about
the need for funding- provided however that a negative
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 70
referendum vote on funding necessary for timely compliance with
this Order shall not affect the Citys obligations to comply with
this Order or any schedule contained herein Stipulated
penalties shall be divided between EPA and the Maine DEP in the
following manner 75 for EPA and 25 for the Maine DEP
Payment of EPAs portion of such penalty shall be made by
certified check payable to the Hazardous Substances Superfund
and mailed to the following address with a notation of the docket
number of this Order
Region I US Environmental Protection Agency
Attn Superfund Accounting PO Box 360197 M
Pittsburgh PA 15251
A copy of the certified check to EPA shall be sent to the
Remedial Project Manager within five (5) days of payment
Payment of the Maine DEPs portion of such penalty shall be made
by certified check payable to the Maine Uncontrolled Sites Fund
and mailed to the following address
Director Division of Sites Investigation amp Remediation Maine DEP
State House Station 17 Augusta ME 04333
Administrative Order By Concent for Removal Action Saco Municipal Landfill Superfund Site Page 71
A copy of the certified check to the Maine DEP shall be sent to
the Maine DEP Project Manager within five (5) days of payment
The stipulated penalties set forth in this Section do not
preclude EPA or the Maine DEP from electing to pursue any other
remedies or sanctions which may be available to EPA or the Maine
DEP by reason of the Respondents failure or refusal to comply
with any requirement of this Order Such remedies and sanctions
include without limitation injunctive relief the assessment of
such civil penalties or damages as are authorized by Sections 122
and 109 of CERCLA or state law or the performance of a
federally-funded response action or state-funded response action
and a corresponding suit for reimbursement of costs incurred by
the United States or the State of Maine Notwithstanding any
other provision of this Section EPA may in its unreviewable
discretion waive any portion of stipulated penalties that have
accrued pursuant to this Order
95 If the City invokes dispute resolution regarding any
decision which has resulted in the assessment of stipulated
penalties stipulated penalties shall continue to accrue during
the dispute resolution process except as otherwise provided in
this Order Within thirty (30) days after receipt of the EPA
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 72
determination rendered pursuant to Paragraph 88 in which EPA
prevails in whole or in part the City shall pay pursuant to
Paragraph 94 the stipulated penalties arising from those matters
on which the City does not prevail At that time the City shall
also pay interest on any stipulated penalties which had accrued
up to the day the City invoked Dispute Resolution If the City
prevails on the disputed matter then no stipulated penalties are
due
XXXI PAYMENT BY NON-PERFORMING PARTIES
96 By May 30 1997 each Non-Performing Respondent shall
pay its individual share of the total sum of $97050000 into a
qualifying settlement fund for the City to use to undertake
response activities related to the Site Payment shall be made
by certified check payable to KeyBank National Assoc (Attn
Leon J Bien) Escrow Agent and mailed with a transmittal letter
to the following address
KeyBank National Association Escrow Agent One Canal Plaza Portland Maine 04101
Attn Mr Leon J Bien
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 73
Non-Performing Respondents shall provide notice of such payment
to EPA by mailing a copy of the transmittal letter and check to
the EPA RPM at the address set forth in Section XI of this Order
XXXII CIVIL PENALTIES FOR NONCOMPLIANCEENFORCEMENT
97 The City is advised that violations of this Order or
any portion thereof may subject it to civil penalties of up to
$25000 per violation and $25000 for each day in which such
violation continues as provided in Sections 106(b)(1) 109 and
122 of CERCLA 42 USC sectsect 9606(b)(l) 9609 and 9622 The City
may also be subject to damages in an amount up to three times the
amount of any cost incurred by the United States as provided in
Section 107(c)(3) of CERCLA 42 USC sect 9607(c)(3) Violations
of this Order also may subject the City to civil penalties
injunctive actions and cost reimbursement under Maine law
including without limitation 38 MRSA Sections 347-A 348
349 1365 1366 and 1367 (1989 and Supp 1997)
XXXIII COVENANT NOT TO SUE DENIAL OF LIABILITY
98A In consideration of the actions that will be
performed and the payments that will be made by the Respondents
under the terms of this Order and except as specifically
provided in Section XXXV of this Order EPA covenants not to sue
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 74
or to take administrative action against the Respondents pursuant
to Sections 106 and 107(a) of CERCLA or Section 7003 of RCRA for
the Work this Order including performance of the Removal
Action and for recovery of all Extraordinary Response Costs
associated with this Order incurred by EPA and paid by the City
With respect to the City these covenants not to sue shall i)
take effect for Work completed prior to EPAs approval of the
Completion of Removal Action Report upon notification by EPA that
the City has completed all construction activities required under
this Order and the City has submitted and EPA has approved the
Completion of Removal Action Report and ii) take effect for Work
completed after EPAs approval of the Completion of Removal
Action Report upon notification by EPA that the City has
completed all actions required under this Order (including all
Post-Removal Site Control and reimbursement of Extraordinary
Response Costs) These covenants not to sue shall take effect
with respect to the Non-Performing Respondents upon notification
by the Non-Performing Respondents that they have complied with
Paragraph 96 of this Order These covenants not to sue are
conditioned upon the satisfactory performance by the Respondents
of their respective obligations under this Order These
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 75
covenants not to sue extend only to the Respondents and do not
extend to any other person Under this Order Respondents are
not released from liability if any for any actions taken beyond
the terms of this Order regarding other removal actions remedial
investigationfeasibility studies related to any other operable
unit remedial designremedial action related to any other
operable unit operation and maintenance of any other remedial
action or activities arising pursuant to Section 121(c) of
CERCLA 42 USC sect 9621(c)
B In consideration of the actions that will be performed
and the payments that will be made by the Respondents under the
terms of this Order and except as specifically provided in
Section XXXV of this Order the State of Maine covenants not to
sue or to take administrative action against the Respondents
pursuant to Section 107(a) Of CERCLA 38 MRSA Sections 1304
and 1365 (1989 and Supp 1997) and other applicable state law
including common law for the Work this Order including
performance of the Removal Action the RIFS Order and the
activities thereunder and for recovery of all response costs
associated with this Order fully addressed by an EPA cooperative
agreement and any grants or payments made by the State to the
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Superfund Site Page 76
City to reimburse the City for landfill capping costs and
including all activities required to be performed and costs
related thereto under Prior MEDEP Orders and Consent Decrees to
the extent that they are inconsistent with this Order and any
such Prior MEDEP Orders and Consent Decrees are hereby superseded
to the extent that they are inconsistent with this Order With
respect to the City these covenants not to sue shall i) take
effect for Work completed prior to EPAs approval of the
Completion of Removal Action Report upon notification by EPA that
the City has completed all construction activities required under
this Order and the City has submitted and EPA has approved the
Completion of Removal Action Report and ii) take effect for Work
completed after EPAs approval of the Completion of Removal
Action Report upon notification by EPA that the City has
completed all actions required under this Order (including all
Post-Removal Site Control and reimbursement of Extraordinary
Response Costs) These covenants not to sue shall take effect
with respect to the Non-Performing Respondents upon notification
by the Non-Performing Respondents that they have complied with
Paragraph 96 of this Order These covenants not to sue are
conditioned upon the satisfactory performance by the Respondents
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Superfund Site Page 77
of their respective obligations under this Order These
covenants not to sue extend only to the Respondents and do not
extend to any other person Under this Order Respondents are
not released from liability if any for any actions taken beyond
the terms of this Order regarding other removal actions remedial
investigationfeasibility studies related to any other operable
unit remedial designremedial action related to any other
operable unit or operation and maintenance of any other remedial
action
99 The execution of this Order and Respondents
participation herein is not an admission by the Respondents of
liability with respect to any issue dealt with in this Order nor
is it an admission by the Respondents of any Finding of Fact
Conclusion of Law or Determination contained in this Order
Furthermore the participation of Respondents in this Order shall
not be considered an admission of liability and is not admissible
in evidence against the Respondents in any judicial or
administrative proceeding other than (a) a proceeding by the
United States including EPA or the State of Maine including
the Maine DEP to enforce this Order or a judgment relating to
it or (b) a proceeding to enforce any agreement between the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 78
Performing Respondent and Non-Performing Respondents regarding
the Site or to enforce a judgment related to such agreement
XXXIV CONTRIBUTION PROTECTION
100 With regard to claims for contribution against the
Respondents the Parties hereto agree that the Respondents are
entitled to such protection from contribution actions or claims
as is provided by Section 113(f)(2) of CERCLA 42 USC
sect 9613 (f) (2) and 38 MRSA sect 348(4) for all matters
addressed by this Order The matters addressed are Past
Response Costs RIFS Response Costs Response Costs Oversight
Costs Extraordinary Response Costs all costs incurred by the
State of Maine related to Prior MEDEP Orders and Consent Decrees
for which reimbursement may be sought payments pursuant to
Paragraph 96 and Work The Parties agree that the Respondents
are entitled to such protection upon the effective date of this
Order Nothing in this Order precludes the United States the
Maine DEP or Respondents from asserting any claims causes of
action or demands against any persons not parties to this Order
for indemnification contribution or cost recovery
XXXV EPAS AND THE STATES RESERVATION OF RIGHTS
101 A The covenants not to sue set forth in Section
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 79
XXXIII do not pertain to any matters other r n these expressly
specified in that Section EPA reserves and this Order is
without prejudice to all rights against each Respondent with
respect to all other matters including but not limited to the
following
a claims based on a failure by any Respondent to meet any
requirement specified for that Respondent under this Ordershy
b liability arising from the past present or future
disposal release or threat of release of hazardous
substances pollutants or contaminants outside of the Site
c liability arising from future disposal at the Site other
than as provided in the Action Memorandum or this Order or
otherwise ordered by EPA
d liability for damages for injury to destruction of or
loss of natural resourcesshy
e liability for response costs that have been or may be
incurred by the National Oceanic and Atmospheric
Administration and the Department of the Interiorshy
f criminal liability
g liability for violations of federal or state law which
occur during or after implementation of the Removal Actionshy
Administrative Order By Conaent for Removal Action Saco Municipal Landfill Superfund Site Page 80
h liability for response costs incurred at the Site which
are not addressed by Section XXVII of this Order
(Reimbursement of EPA Extraordinary Response Costs) or by
the Cost Recovery Administrative Agreement (Docket No
CERCLA 1-97-1010) and
i liability for response actions at the Site that are not
required to be performed by the City pursuant to this Order
B The covenants not to sue set forth in Section XXXIII do not
pertain to any matters other than those expressly specified in
that Section The State of Maine reserves and this Order is
without prejudice to all rights against the Respondents with
respect to all other matters including but not limited to the
following
a claims based on a failure by any Respondent to meet any
requirement specified for that Respondent under this Order
b liability arising from the past present or future
disposal release or threat of release of hazardous
substances pollutants or contaminants outside of the Siteshy
c liability for damages for injury to destruction of or
loss of natural resources
d criminal liabilityshy
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 81
e liability for violations of federal or state law wh^ch
occur during or after implementation of the Removal Action
g liability for Oversight Costs incurred by the State at
the Site to the extent that they are not fully addressed by
future cooperative agreements between EPA and MEDEP and
h liability for response actions at the Site that are not
required to be performed by the City pursuant to this Order
102 EPA retains the right to undertake any obligations of
the City under this Order provided that EPA has determined that
one of the following conditions has been met the City has ceased
implementation of any portion of the Work is seriously or
repeatedly deficient or late in their performance of the Work
has failed to comply with this Order or is implementing the Work
in a manner which may cause an endangerment to human health or
the environment If EPA undertakes any obligations under this
Order pursuant to this Paragraph including implementation of
institutional controls the City must reimburse EPA for all costs
incurred as a result of the takeover that are consistent with the
NCP as Extraordinary Response Costs The City may invoke the
procedures set forth in Section XXIX (Dispute Resolution) to
dispute EPAs determination that takeover of the obligations of
Administrative Order By Consent for Removal Action Slaquoco Municipal Landfill Superfund Site Page 82
the City under this Order is warranted or that the costs incurred
were consistent with the NCP
103 Notwithstanding any other provision of this Order
except as set forth in Section XXXIII (Covenant not to Sue) EPA
and the State of Maine shall retain all of their response
information gathering entry inspection and enforcement
authorities and rights under CERCLA and under any other
applicable law regulation or permit
104 The City shall reimburse EPA for costs incurred by the
United States to enforce this Order or the Cost Recovery
Administrative Agreement as Extraordinary Response Costs in
accordance with the reimbursement procedures provided by Section
XXVII (Reimbursement of Extraordinary Response Costs)
XXXVI RESPONDENTS COVENANT NOT TO SUE
105 Covenant Not to Sue Subject to the reservations in
Paragraphs 106 and 107 Respondents hereby covenant not to sue
and agree not to assert any claims or causes of action against
the United States or the State including any department agency
or instrumentality of the United States or State with respect to
this Order including but not limited to
a any direct or indirect claim for reimbursement from
Administrative Order By Conaent for Removal Action Saco Municipal Landfill Superfund Site Page 83
the Hazardous Substance Superfund (established pursuant to the
Internal Revenue Code 26 USC sect 9507) through CERCLA Sections
106(b)(2) 107 111 112 113 or any other provision of law
b any claims under CERCLA Sections 107 or 113 related
to this Order
c any claims for payment under sections 106(b) 111
and 112 of CERCLA the Constitution of the United States the
Tucker Act 28 USC sect 1491 or at common law against the State
EPA or the Hazardous Substance Superfund arising out of any
action performed under this Order any related access matters
and related institutional controls or
d any claims arising out of response activities in
connection with this Order including claims based on EPAs and
the States selection of response actions oversight of response
activities or approval of plans for such activities
XXXVII RESPONDENTS RESERVATION OF RIGHTS
106 The Respondents reserve and this Order 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 wrongful act or
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 84
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 USC sect 2671 nor
shall any such claim include a claim based on EPAs selection of
response actions or the oversight or approval of the
Respondents plans or activities The foregoing applies only to
claims which are brought pursuant to any stat- -e other than
CERCLA and for which the waiver of sovereign immunity is found in
a statute other than CERCLA
107 Except as set forth in this Order the Respondents
expressly reserve all rights and defenses that each or any of
them may have in law or in equity for any claims or causes of
action it may have against any party including the United States
and the State and their respective agencies departments and
instrumentalities Any claims not expressly waived by the
Respondents shall be deemed reserved Notwithstanding any
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 85
obligations in this Order requiring the Respondents to make any
records documents or any other materials available to EPA
nothing herein shall be construed to be a waiver of any rights
Respondents may have to assert the attorney-client privilege or
the attorney work product doctrine as to those materials except
where such materials contain information specified in section
104(e)(6)(F) of CERCLA 42 USC sect 9604(e)(6)(F)
XXXVIII OTHER CLAIMS
108 Except as expressly provided in Section XXXIII
(Covenant Not to Sue) nothing in this Order constitutes a
satisfaction of or a release from any claim or cause of action
against the Respondents or any person not a party to this Order
for any liability such person may have under CERCLA other
statutes or the common law including but not limited to any
claims of the EPA for costs damages and interest under sections
106(a) and 107(a) of CERCLA This Order does not constitute a
preauthorization of funds under section 111(a)(2) of CERCLA No
action or decision by EPA pursuant to this Order shall give rise
to any right to judicial review except as set forth in section
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 86
113(h) of CERCLA
XXXIX INDEMNIFICATION
109 The United States and the State do not assume any
liability by entering into this Order or without limitation by
virtue of any designation of the City as EPAs authorized
representative under section 104(e) of CERCLA 42 USC
sect 9604(e) The City agrees to indemnify and save and hold
harmless the United States Government the State of Maine and
their agencies departments agents officers employees and
representatives from any and all claims or causes of action
arising from or on account of negligent acts or omissions of the
City its officers employees agents servants receivers
successors trustees assignees or contractors in carrying out
the activities pursuant to this Order including but not limited
to any claims arising from any designation of the City as EPAs
authorized representative under section 104 (e) of CERCLA 42
USC sect 9604(e) Neither the United States nor the State shall
be held out as a party to or in any other way be held liable
under any contract entered into by the City or by the Consultant
or any contractor in carrying out the activities pursuant to this
Order Neither the City nor any such Consultant or contractor
Administrative Ordr By Consent for Removal Action Saco Municipal Landfill Suprfund Sit Fag 87
shall be considered an agent of the United States or the State
Notwithstanding any of the above this agreement to indemnify and
hold harmless does not include claims or causes of action arising
from or on account of acts or omissions of the United States and
its agencies departments agents officers employees and
representatives
XXXX WAIVER OF SETTLEMENT CONFERENCE
110 In consideration of the communications among the
Respondents and EPA regarding the terms of this Order prior to
its issuance the Respondents hereby agree that there is no need
for a settlement conference prior to the effective date of this
Order
XXXXI MODIFICATION OF ORDER
111 This Order with the exception of the Statement of Work
(Appendix B) or attachments or Deliverables thereunder may only
be modified upon the written agreement of EPA by signature of the
Director of the Office of Site Remediation and Restoration the
Maine DEPs Director of the Bureau of Remediation and Waste
Management and an authorized officer of each of the Respondents
The Statement of Work any attachments thereto or any accepted
Deliverables may be modified upon signature of the EPA Geographic
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 88
Section Chie subject to the Citys right to invoke Dispute
Resolution
XXXXII SEPARATE DOCUMENTS
112 This Order may be executed in two or more counterparts
each of which shall be deemed an original but all of which
together shall constitute one and the same instrument
XXXXIII EFFECTIVE DATE
113 This Order shall be effective five (5) days after the
City receives notice that the Director of the Office of Site
Remediation and Restoration has signed the Order All times for
performance of activities under this Order shall be
calculated from the effective date
XXXXIV TERMINATION
114 Prior to but no later than 180 days after the
effective date of this Order the City or EPA may terminate this
Order if the Cost Recovery Administrative Agreement is not
effective within ninety (90) days of the effective date of this
Order Notwithstanding this Paragraph the City shall complete
at least ninety-five percent (95) of the final design of the
Removal Action
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 89
IT IS SO AGREED AND ORDERED BY
Al bull Linda M Murphy D i r c to r Dat Office of Site Remediation and Restoration EPA Region I
Administrative Order By Consent for Removal Action Saco Municipal landfill Superfund Site Page 90
The undersigned representatives of the Respondents certify that they are fully authorized to enter into the terms and conditions of this Order and bind the parties they represent to this document
ROBUS LEATHER CORPORATION FKA GEORGE NEWMAN amp COMPANY SUCCESSOR BY LAW TO BIDDEFORD INDUSTRIES INC
By Thomas Robinson President and Ghiof FinancialmdashOffaooy f Robus Leather Corporation 1100 W Hutchinson Lane Madison IN 47250 Tel (812) 273-4183
TO 833388888888881 P0309 MPY 27 97 16=01 FR HflLE RND DORR LuF DC
Administrative Ordar By Consent for Removal Saco Municipal Landfill Suparfund Site Pag 91
CL HAUTHAWAY amp SONS CORPORATION
By Leppoldo ampJohnson Date CL Hautna ay amp Sons Corp 638 Summer Street Lynn MA 01905-2092
fa
Administrative Order By Consent for Removal Action Saoo Municipal Landfill Superfund Site Page 92
GABRIEL ELECTRONICS INC
By
Frank E Gemme Date President Gabriel Electronics Incorporated Libby Road PO Box 70 Scarborough ME 04070 Tel (207) 883-5161
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 93
LITTON INDUSTRIES INC
By Camp^tf-Jtae^^c^S
Carol WiesnerVice President and Controller Litton Industries Inc 21240 Burbank Boulevard Woodland Hills California 91367 Tel (818) 598-5246
May 27 1997
Date
Adni-tniBtrativc Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 94
LYN-FLEX INDUSTRIES AN UNINCORPORATED DIVISION OF DER-TEX CORPORATION
By gt 1997
Jerome Linder Date President Der-Tex Corporation 360 Merritnack Street Lawrence Massachusetts 01843 Tel (508) 686-0154
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 95
MILLIPORE CORPORATION
By At Jef frpoundy Ttyidin EsqVice President and General Counsel Millipore Corporation 80 Ashby Road Bedford MA 01730 Tel (617) 533-2044
May 21 1997 Date
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 96
NIKE INC
Coburn Date eheral Counsel Nike Inc 1 Bowerman Drive Beavertotm OR 97005-6453 Tel 503shy
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 97
ZENECA INC
61097
Glenn M Engelmann Date Vice President General Counsel and Secretary Zeneca Inc Successor to Polyvinyl Chemicals Inc
Addrespoundeneca Inc Successor to Polyvinyl Chemicals Inc
1800 Concord Pike PO Box 15438
Wilmlngotn PR
Tel(302) 886-3244
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 98
SACO DEFENSE INC
By j i e s R V i e g Date Vice Chairman Saco Defense Inc 291 North Street Saco Maine 04072 Tel (270) 283-3611
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 99
CHAMPION INTERNATIONAL CORPORATION
pound By x^gt^^w^ (- (^W^ lt May 27 1997
Stephen B Brown Date ampAVice President and General Counsel
Champion International Corporation One Champion Plaza Stamford Connecticut 06921 Tel (203) 358-6476
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 100
BEMIS COMPANY INC
By -^^lt^^^ 52297 Richard Pry^r Date Corporate Risk Manager Bemis Company Inc 222 South 9th Street Suite 2300 Minneapolis Minnesota 55402-4099 Tel (612) 376-3085
Administrative Order By Consent for Removal Action Saco Municipal Landfill Suporfund Site Page 101
CITY OF SACO MAINE
A Larry Mtcl(ell Dgfte City Administrator City of Saco 300 Main Street Saco Maine 04072 Tel (207) 282-4191
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 102
STATE OF MAINE
By
Mark Hyland Director Date Division of Site Remediation Maine DEP State House Station 17 August Maine 04333 Tel (207) 287-7673
By Dennis Harnish Esq Date Assistant Attorney General Department of Attorney General State House Station 6 Augusta Maine 04333 Tel (207) 626-8800
APPENDIX B
Non-Time Critical Removal Action Statement of Work
Saco Municipal Landfill Superfund Site
I INTRODUCTION AND PURPOSE
This non-time-critical removal action (NTCRA) Statement of Work (SOW) defines the response activities and deliverables that the Performing Respondent shall performsubmit in order to implement the Work required under the Administrative Order on Consent for Removal Action (EPA Region I Docket No 1-97-1009) (the Order) at the Saco Municipal Landfill Site in Saco Maine (the Site) The activities described in this SOW are based upon the United States Environmental Protection Agency (EPA) Action Memorandum for the Site signed by the EPA Region I Director of the Office of Site Remediation and Restoration on September 23 1996
II DEFINITIONS
The following definitions shall apply to this SOW
A All definitions provided in Section III of the Order are incorporated herein by reference
B Design shall mean an identification of the technology to be used for the Removal Action and its performance and operational specifications in accordance with all applicable federal state and local laws including but not limited to
1 all computations used to size units determine the appropriateness of technologies and the projected effectiveness of the NTCRA
2 scale drawings of all system layouts identified above and including but not limited to excavation cross-sections and well cross-sections
3 quantitative analyses demonstrating the anticipated effectiveness of the NTCRA Design to achieve the Performance Standards
4 technical specifications which detail the following
a size and type of each major component and
b required performance criteria of each major component
5 specifications on the extent of ambient air monitoring including equipment monitor locations and data handling procedures and
6 specifications of Institutional Controls to be supplied with the construction plans and specifications
EPA Approval or EPA Review and Approval shall mean the procedures specified in Section XIVA of the Order
Institutional Controls shall mean deed restrictions access land easements and other requirements and controls developed to limit human or animal exposure to hazardous substances pollutants or contaminants andor to ensure the integrity and effectiveness of the Removal Action
Performing Respondents Certification shall mean the procedures specified in Section XIVB of the Order
III SELECTED NON-TIME-CRITICAL REMOVAL ACTION
Section VAI of the Action Memorandum specifies the NonshyTime-Critical Removal Action for the Site Based upon the Action Memorandum listed below are the components of the NTCRA which shall be performed by the Performing Respondent
bull Grading of the landfill including the consolidation of the solid waste material from adjacent to Area 1 Area 3 and Area 4
bull Identifying the solid waste boundary for Areas 3 and 4
bull Excavating contaminated sediments from a groundwater seep area and consolidating them with the waste material in landfill Area 4
- 2 shy
bull Designing and constructing a multi-layer low hydraulic conductivity cap with surface drainage controls
bull Maintaining the cap
bull Long-term monitoring of surface water sediments and groundwater
bull Post-removal site control (PRSC) of the cap The PRSC shall ensure the long-term continued effectiveness of each component of the NTCRA and
bull Implementing Institutional Controls including implementation of deed restrictions andor other controls to prohibit the future use of the Site in any manner that would compromise the integrity of the cap and its associated systems
IV PERFORMANCE STANDARDS
The Performing Respondent shall design construct operate monitor and maintain the NTCRA in compliance with this Order the SOW and the Performance Standards identified in the Action Memo
The Performance Standards for the NTCRA at the Site include
SEDIMENT EXCAVATION AND CONSOLIDATION Sediments with arsenic concentrations above 19 mgkg will be excavated from the groundwater leachate seeps adjacent to Sandy Brook The area within which the seeps are found is defined by sediment locations SD-21 and SD-25 Sediments within Sandy Brook will not be excavated as part of this removal action
CONSOLIDATION OF SOLID WASTE The solid waste outside the Area 1 Area 3 and Area 4 caps shall be consolidated under the Area 34 cap The area to be excavated and material to be consolidated was identified during the RIFS test pit program
LANDFILL CAP The landfill cap shall be designed constructed operated and maintained to meet the performance requirements of the Resource Conservation and Recovery Act (RCRA) Subtitle C regulations specified in 40 CFR sectsect 26419 264310 as applicable and 264111 and the
- 3 shy
currently promulgated final MEDEP regulations referenced in Attachment X of the Action Memo
The cap shall also be designed to meet the requirements of the following EPA and State technical guidance documenxo Final Covers on Hazardous Waste Landfills and Surface Impoundments (EPA530-SW-89-047 July 1989) Construction Quality Management for Remedial Action and Remedial Design Waste Containment Systems (EPA540R-92073 October 1992) Quality Assurance and Quality Control for Waste Containment Facilities (EPA600R-93182 September 1993) MEDEP Final Cover System Guidance Document for Municipal Solid Waste Landfill (November 1995) Stormwater Management for Maine Best Management Practices (November 1995 MEDEP) and Maine Erosion and Sediment Control Handbook for Construction Best Management Practices (March 1991 Cumberland County Soil and Water Conservation District and Maine DEP)
The multi-layer cap will achieve the following minimum requirements
All layers of the cover system shall be designed to achieve the performance objectives of this section over the longshyterm Each layer shall also be designed to meet a static stability factor of safety criteria of 13 seismic stability factor of safety criteria of 10 and a construction-stage stability factor of safety criteria of 12
mdash The base layer will be comprised of unclassified fill material transmissive to gas The performance objectives for the base layer are to contour the landfill to achieve a maximum slope of 31 provide a subgrade base suitable for construction of the cover system and minimize subsidence
Waste from uncapped areas near Area 1 Area 3 and Area 4 and excavated sediments from the groundwater seep areas near Sandy Brook will be placed under the base layer Vegetation cleared from the Site will be distributed evenly to prevent degradation and minimize subsidence
The slopes will be terraced to minimize erosion of the multi-layer cap so that no more than 2 tons per acre per year of soil loss occurs
mdash The gas collection layer will be comprised of 6-12 inches of porous material with a hydraulic conductivity of at least
- 4 shy
1 x 103 cmsec The objective of this layer is to allow for the transmission of gas to the vent pipe which will then take gas out of the landfill and to provide a firm foundation and contact surface for the low hydraulic conductivity layer A second objective is to allow fo the transmission of potential leachate seeps down the sideslopes so that it may infiltrate back into the landfill Approximately one gas vent per acre will be installed at least three to five feet into the waste
-- The bottom low hydraulic conductivity layer acts as a safeguard to the geomembrane and is generally made of 24 inches of clay or a geo-synthetic clay liner (GCL) The performance objective of this layer is to minimize potential leakage through the low hydraulic conductivity geomembrane into the landfill The low hydraulic conductivity layer will be designed to achieve a maximum hydraulic conductivity of 1 x 10~7 cmsec unless the factor of safety criteria of 13 for static 10 for seismic and 12 for construction stage stability cannot be achieved If the stability criteria cannot be met with a GCL or 1 x 107 cmsec material then a more permeable material may be used to achieve a stable cover system The bottom low hydraulic conductivity layer shall have a maximum hydraulic conductivity of at least 1 x 105 cmsec if the 1 x 10~7
cmsec material cannot meet the stability criteria If a GCL is used as the bottom low hydraulic conductivity layer then 12 inches of a fine grained material containing a minimum of 35 fines with no stones larger than one inch shall be used as bedding above the gas vent layer Potential mechanisms that may compromise the integrity of the cover system such as subsidence desiccation cracking and freeze-thaw cycling will be accounted for in the design
The uppermost surface of the bottom low hydraulic conductivity layer shall be buried at least 30 inches below the surface of the cap
-- The top low hydraulic conductivity layer will be a geosynthetic barrier The performance objective of this barrier is to prevent water from infiltrating into the landfill and to accommodate settlement and subsidence while maintaining stability This synthetic barrier will be a type of flexible geomembrane 40-60 mil thick
-- The drainage layer will be composed of either a minimum of 12 inches of sand or equivalent material with a minimum
- 5 shy
hydraulic conductivity of 1 x 102 cmsec or a synthetic material with a transmissivity of at least 3 x 10~5 m2sec The sand should be no coarser than 38 inch The performance objective is to allow water to drain off the synthetic barrier prevent the ponding of water over tgt a synthetic barrier and minimize seepage forces within the cap system If a geosynthetic drainage layer is used then a 12 inch layer of coarse material will be placed over the geosynthetic layer
mdash The top layer of the cap will be the vegetative cover This layer in combination with the drainage layer shall provide a minimum of 30 inches of fill material to provide frost protection A minimum of 18 inches of material (including at least 6 inches of top soil) shall be placed above the drainage layer to provide adequate water-holding capacity to attenuate rainfall infiltration to the drainage layer to sustain vegetation through dry periods and to provide sufficient thickness to allow for expected long-term erosion losses Deep rooted plants that could damage the drainage and barrier layers will not be allowed to grow on the cover A filter fabric may be placed between the top layer and the drainage layer to minimize fill material from clogging the drainage layer
mdash Surface water drainage controls will be constructed to minimize erosion during construction and to reduce erosion of the cap after construction to no more than 2 tons per acre per year As determined by the final NTCRA Design drainage channels will be installed in certain areas on the top and perimeter of the landfill cap to channel runoff away from the landfill Surface water drainage channels will be designed to manage the rainfall volume of a 25-year 24-hour storm event with freeboard and shall also be capable of handling a 100-year 24-hour storm event without overflow
SURFACE WATERS The point of compliance for any point source surface water releases resulting from this action consistent with the NCP shall be the point or points where the release enters the surface water body (Sandy Brook or Big Ledge Brook) Any point source discharge to a surface water body shall comply with the NPDES program under section 402 of the federal Clean Water Act and the Maine water quality standards and storm water discharge requirements The document Stormwater Management for Maine Best Management Practices (November 1995 MEDEP) shall be used as guidance for stormwater and the document Maine Erosion and Sediment Control Hanbook for Construction Best Management
- 6 shy
Practices (March 1991 Cumberland County Soil and Water Conservation District and Maine DEP) shall be used as guidance for erosion control
AIR The point of compliance for air consistent with che NCP shall be the point(s) of the maximum exposed individual considering reasonably expected use of the Site and surrounding area The maximum exposed individuals could include (I) adjacent residents (2) operation and maintenance personnel and (3) individuals working at the facility The passive gas venting system shall not allow for an unacceptable risk of exposure to the maximum exposed individuals by controlling and treating landfill gas if necessary The passive gas venting system shall be designed and constructed to comply with Attachment X of the Action Memo
LONG-TERM MONITORING A long-term monitoring program will be implemented to evaluate the performance of the NTCRA Surface water groundwater and sedimentsas appropriate shall be sampled as part of this program Long-term monitoring is expected to occur for at least thirty years
POST-REMOVAL SITE CONTROL Post-removal site control shall assure the long-term effectiveness of the cap and related systems for at least thirty years
INSTITUTIONAL CONTROLS Institutional Controls shall ensure the long-term integrity of the landfill cap and prevent future use of the groundwater impacted by the Site Deed restrictions andor other controls shall prohibit any activity at the Site which would interfere with or compromise the landfill cap or its related systems Such controls will also provide for EPA and MEDEP approval prior to the commencement of any future activities at the Site which may impact the landfill cap or its related systems
V NTCRA DESIGN
The Performing Respondent shall develop a final design for the selected NTCRA as described in the Action Memorandum and this SOW that meets the performance standards specified in Section IV of this SOW This section describes the Performing Respondents responsibilities for submitting deliverables and conducting project meetings during design
- 7 shy
A DELIVERABLE5
The Performing Respondent shall submit the following deliverables to EPA and the MEDEP during the design of the selected NTCRA pursuant to the schedule in Attachment A Any modification of the schedule in Attachment A shall be subject to EPA approval after a reasonable opportunity for review and comment by MEDEP Each submitted deliverable shall require EPA Approval after a reasonable opportunity for review and comment by MEDEP or Performing Respondents Certification whichever applies pursuant to the schedule in Attachment A and the procedures in Section XIV of the Order
1 DESIGN PROGRESS REPORTS
On the 15th calendar day of each month and until EPA approval of the 100 NTCRA Design the Performing Respondent shall submit Design Progress Reports to EPA and the MEDEP Design Progress Reports may be combined with the monthly progress reports required under the Administrative Order by Consent for Remedial InvestigationFeasibility Study (EPA Region I CERCLA Docket No I-CERCLA-95-1069) and shall be submitted with the Performing Respondents Certification The reports shall summarize all activities that have been conducted in the month preceding the Progress Report and those planned for the next two months The Progress Reports shall also identify problems encountered andor changes to the schedule and shall summarize the results of sampling and tests and other data received by the Performing Respondent
2 CONCEPTUAL DESIGN LETTER REPORT
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit a Conceptual Design Letter Report to EPA and the MEDEP The Conceptual Design Letter Report shall be submitted by the Performing Respondents Certification and may include at a minimum
a an outline of the NTCRA Design
b a work plan for any pre-design studies
- 8 shy
c preliminary drawings of the 31 and 3-5 slope sections of the cap surface water controls and retention ponds in plan view and cross-section and
d The design basis for the composition and thickness of each layer of the cap presented in letter format including a determination of the appropriate gas control technology and supporting information and an estimate of settlement
3 100 DESIGN FOR SEDIMENT CONSOLIDATION
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit the 100 Design for the sediment consolidation to EPA for Review and Approval after reasonable opportunity for review and comment by the MEDEP
4 100 NTCRA DESIGN
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit the 100 NTCRA Design for EPA Review and Approval after reasonable opportunity for review and comment by the MEDEP Design plans for individual components of the NTCRA may be submitted separately from the cap design However the design submittal for the cap shall address 100 of the total design for each component of the NTCRA including but not limited to
a the Final Design Report including the design basis for each component and the associated plans and specifications in reproducible format
b Construction Quality Assurance Plan including sample construction quality assurance and quality control checklists draft construction -quality control and quality assurance tables and a list of testing requirements based upon EPA and MEDEP comments
c the results of any pre-design studies
- 9 shy
d final drawings of the 31 and 3-5 slope sections of the cap in plan view and cross section including surface drainage controls and retention ponds anchor trenches and the passive gas venting system
e a description of the design basis for each layer andor component of the NTCRA including settlement evaluation stability calculations and the HELP model assessment to evaluate infiltration through the cover system The stability assessment shall include an assessment of the stability of the cover system waste material and surrounding slopes Each key section of the stability analysis should include a discussion of the (1) performance criteria for each failure mode (2) soil conditions including loading and seepage conditions and (3) determination of factor of safety and indicate the slope failure mode The methods to perform the above analysis shall be presented
f a discussion of how all applicable or relevant and appropriate requirements (ARARs) identified in the Attachment X of the Action Memo will be addressed This discussion should
(1) specify the statute (2) specify the citation of the ARAR (3) identify if the ARAR is state or
federal (4) summarize the requirements of the ARAR (5) specify in detail the activities that
shall be conducted to comply with the ARAR and
(6) specify in detail the activities that shall be conducted to demonstrate compliance with the ARAR When sampling and analysis is conducted to demonstrate compliance the following shall be specified sampling locations sampling frequency sampling methods analytical methods quality assurance and quality control activities and statistical analysis andor modeling andor other data interpretation techniques
- 10 shy
g drawings on reproducible mylar
h the final NTCRA Technical Specifications which shall include at a minimum the items identified in Attachment D
i a Field Sampling Plan as specified in Attachment B and a Quality Assurance Project Plan as specified in Attachment C Although these documents will be submitted as part of the 100 design these documents must be submitted as separate freestanding deliverables to enable a separate concurrent review of these document by the Agencies along with the 100 design review
j With respect to the landfill cap the design shall include the construction quality assurance procedures required to demonstrate that the NTCRA was properly implemented This component shall include for example (I) checklists for establishing that the required tests and inspections were performed (2) standard operating procedures for all field and laboratory tests (3) the quality assurance and quality control plan for all field and laboratory tests (4) a process for obtaining EPA and MEDEP involvement in major and minor field changes and (5) erosion and sediment control plans The quality assurance component shall be based upon the following guidance documents Construction Quality Assurance for Hazardous Waste Land Disposal Facilities (EPA 530-SWshy86-031 October 1986 and Technical Guidance Document Quality Assurance and Quality Control for Waste Containment Facilities (EPA540R-93182 September 1993)
k A discussion of how any surface water point source discharge shall be evaluated
1 A discussion of how the ambient air shall be evaluated after the construction of the cap is complete to demonstrate that the landfill gas does not pose an unacceptable risk (an excess cancer risk greater than the 104 to 106 risk range or a non-carcinogenic hazard
- 11 shy
index greater than 1) to the maximum exposed individuals (as identified in Section IV of this SOW)
5 WINTER STABILIZATION PLAN
By October 30th of each field season prior to the approval of the Post-Removal Site Control Plan the Performing Respondent shall submit a Winter Stabilization Plan to EPA and MEDEP This plan shall describe the practices and procedures that will be used by the Performing Respondent to prevent erosion of the landfill and excessive sediment discharge to the surface water and wetlands until EPA approval of the Post-Removal Site Control Plan
6 INSTITUTIONAL CONTROL PLAN
The Performing Respondent shall submit a schedule and a workplan letter report for the implementation of the Institutional Controls required by the NTCRA within 60 days of the effective date of the Order As part of the Institutional Controls a deed restriction shall be placed on the Site property to prevent any use of the property that would interfere with or reduce the effectiveness of the NTCRA or any future response actions The deed restriction shall also prevent future use of the groundwater under the Site These institutional controls shall be implemented in a manner consistent with Attachment X of the Action Memo
B DESIGN PROJECT MEETINGS
The Performing Respondent and its Contractor shall periodically meet with EPA and the MEDEP during the design phase to discuss the status of the design present the results of any investigations and discuss any issues associated with the development of the design
At least one week prior to each such periodic meeting the Performing Respondent shall submit to EPA and the MEDEP as necessary (i) an agenda for the meeting (ii) a summary of the issues that will be discussed and (iii) any supporting information including any specific information required for the meeting as detailed below The following is a list of meetings to be held as necessary during the design phase
1 DESIGN KICK-OFF MEETING
- 12 shy
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall schedule a design kickshyoff meeting The purpose of this meeting is to allow the EPA MEDEP and the Performing Respondents design teams to meet
2 CONCEPTUAL DESIGN MEETING
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall hold a Conceptual Design Meeting During the Conceptual Design Meeting the Performing Respondent shall give a presentation of the Work Plan for Pre-Design Studies if needed and the conceptual design of the selected NTCRA based on any completed pre-design investigations and the Conceptual Design Letter Report
3 100 DESIGN MEETING FOR SEDIMENT CONSOLIDATION
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall hold a 100 Sediment Consolidation Design Meeting At this meeting the Performing Respondent shall present the 100 design for these components of the NTCRA
4 100 NTCRA DESIGN MEETING
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall hold two 100 NTCRA design meetings At the first meeting the Performing Respondent shall provide an overview of the design During the second meeting the Performing Respondent shall present any issues that have arisen from comments received on the 100 NTCRA design and options for resolving the issues
EPA may determine that any of such meetings are not necessary However EPA andor the Performing Respondent may also schedule additional meetings as necessary to discuss any issues that arise during design
VI NTCRA IMPLEMENTATION
The Performing Respondent shall implement the final design for the selected NTCRA as described in the Action Memorandum and this SOW that meets the performance standards specified in Section IV
- 13 shy
of this SOW This section describes the Performing Respondents responsibilities for conducting the NTCRA submitting deliverables and conducting project meetings during implementation of the NTCRA
A DELIVERABLES
The Performing Respondent shall submit the following deliverables to EPA and the MEDEP during implementation of the NTCRA pursuant to the schedule in Attachment A Any modification of the schedule in Attachment A is subject to EPA approval after a reasonable opportunity for review and comment by MEDEP Each submitted deliverable shall require EPA Approval or the Performing Respondents Certification whichever applies pursuant to the schedule in Attachment A and the procedures in Section XIV of the Administrative Order by Consent
1 NTCRA IMPLEMENTATION SCHEDULE
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit a NTCRA Implementation Schedule for EPA Review and Approval after reasonable opportunity for review and comment by the MEDEP The NTCRA Implementation Schedule shall identify the major milestones for completion of the NTCRA including the commencement and completion of construction and the schedule for demonstrating compliance bull ith Section V(A) (4) (f) of the SOW The NTCRA Implementation Schedule shall also identify the key construction dates including the initiation and completion date of each component of the multi-layer cap The NTCRA Implementation Schedule shall also identify the projected dates of the Progress Meetings conducted during the NTCRA implementation including those required pursuant to Section VIB of this SOW
2 CONSTRUCTION DOCUMENT SUBMITTAL
In accordance with the schedule set forth in Attachment A to this SOW the Performing Respondent shall submit a copy of executed construction contract documents to EPA and MEDEP
3 HEALTH AND SAFETY PLAN
- 14 shy
In accordance with che Schedule set forth in Attachment A to this SOW the Performing Respondent shall submit a General Health and Safety Plan to EPA and MEDEP A site-specific Health and Safety Plan addressing NTCRA construction activities shall be submitted by the Performing Respondent prior to on-site construction activities The general and site-specific Health and Safety Plans shall each be submitted with Performing Respondents Certification
4 NTCRA IMPLEMENTATION PROGRESS REPORTS
On the 15th calendar day of each month during implementation of the NTCRA and until EPA approval of the Completion of Removal Action Report the Performing Respondent shall submit Progress Reports to EPA and the MEDEP The Progress Reports shall be submitted with Performing Respondents Certification The reports shall summarize all activities that have been conducted in the month preceding the Progress Report and those planned for the next two months The Progress Reports shall also
a identify the percent of NTCRA construction completed
b identify any problems encountered andor changes to the schedule
c summarize the results of all sampling and tests and all other data received by the Performing Respondent
d include photographs of the site activities Photographs shall be labeled with the date brief description of the activity weather conditions and directionorientation of the photograph and
e include the results of any monitoring conducted
After completion of all construction activities the Performing Respondent may upon EPA approval reduce the frequency of submission of the Progress Reports The Progress Reports may be combined with the monthly progress reports required under the Administrative Order by Consent
- 15 shy
for Remedial Investigation Feasibility Study (EPA Region I CERCLA Docket No I-CERCLA-95-1069)
5 POST-REMOVAL SITE CONTROL PLAN
In accordance with the schedule set forth in Attachment A to this SOW the Performing Respondent shall submit a Post-Removal Site Control Plan (PRSC Plan) for EPA Review and Approval after reasonable opportunity for review and comment by the MEDEP The PRSC Plan shall ensure the long-term continued effectiveness of each component of the NTCRA The PRSC Plan shall address at a minimum the following
a periodic evaluation of the stability of the cover system
b a description of normal operations and maintenance
c a description of potential operational problems with contingency plans
d an operational safety plan
e a description of equipment
f record keeping and reporting requirements
g periodic assessment of the passive landfill gas venting system
h periodic assessment of erosion controls and periodic settlement monitoring
i periodic assessmentand runoff
of surface water controls
j evaluation of Sandy Brook removal area
k periodic evaluation of vegetative growth and the identification of any erosion and
1 the impact of the cap on wetlands
- 16 shy
6 COMPLETION OF REMOVAL ACTION REPORTS
In accordance with the schedule set forth in Attachment A to this SOW the Performing Respondent shall submit the Completion of Removal Action and Demonstratioi of Compliance Report (jointly the Completion of Removal Action Report) for EPA Review and Approval after reasonable opportunity for review and comment by the MEDEP The Completion of Removal Action Report shall be submitted in two phases including first an Interim Completion of Removal Action Report and second a Final Completion of Removal Action Report
a The Interim Completion of Removal Action Report shall include at a minimum
(1) a synopsis of the work defined in the SOW and the 100 NTCRA Design and a synopsis of all work actually performed
(2) an explanation of any modifications to work in the SOW and the 100 NTCRA Design and why such modifications were necessary to implement the NTCRA
(3) drawings and specifications for all components of the NTCRA and
(4) a final inspection checklist
b The Final Completion of Removal Action Report shall include the categories of information specified in section 300165 of the NCP (OSC Reports) In addition the Final Completion of Removal Action Report shall follow EPA guidance for a Remedial Action Report OSWER Directive 93550-39FS June 1992 and shall include at a minimum
(1) all the data and information necessary to demonstrate compliance according to the approved NTCRA Design
(2) a certification that the NTCRA is operational and functional as designed that no further modifications are necessary to meet the performance standards and that no unacceptable air
- 17 shy
or surface water releases (from the cap only) are occurring or are expected to occur
(3) a detailed explanation as to how t^e Performing Respondent addressed each of the ARARs specifically identified as such in Attachment X of the Action Memo
(4) the final record (as built) plans and specification for the NTCRA and
(5) the conclusions of the data evaluation
B PROJECT MEETINGS
The Performing Respondent and their contractors shall periodically meet with EPA and the MEDEP during implementation of the NTCRA to discuss the status of the project present the results of any investigations and discuss any issues that arise At least one week prior to each such meeting the Performing Respondent shall submit to EPA and the MEDEP as necessary an agenda for the meeting a summary of the issues that will be discussed and any supporting information The following is a list of mandatory meetings that shall be conducted by the Performing Respondent
1 CONSTRUCTION MEETINGS
Unless otherwise agreed by EPA and MEDEP during the construction period the Performing Respondent and its construction contractor(s) shall meet MONTHLY with EPA and MEDEP regarding the progress and details of construction
2 SUBSTANTIAL COMPLETION INSPECTION MEETING
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall schedule and conduct a Substantial Completion Inspection Meeting at the Site The Substantial Completion Inspection Meeting shall include EPA MEDEP and the Performing Respondents Project Coordinator and technical consultant
- 18 shy
3 FINAL INSPECTION MEETING
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall schedule and conduct a Final Inspection Meeting at the Site This Final Inspection Meeting shall include participants from all parties involved in the NTCRA including but not limited to the Performing Respondent and its contractors EPA and the State
EPA may determine that any such meetings are not necessary EPA andor MEDEP andor the Performing Respondent may also schedule additional meetings as necessary to discuss any issues that arise during implementation of the NTCRA
VII POST-REMOVAL SITE CONTROL
The Performing Respondent shall initiate Post-Removal Site Control (PRSC) upon completion of construction of the NTCRA In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit a PRSC plan for EPA approval after a reasonable opportunity for review and comment by MEDEP PRSC shall continue for at least thirty years
Progress Reports shall be submitted throughout the period of PRSC PRSC Progress Reports shall contain a list of all PRSC activities that were performed in the time period since the previous PRSC Progress Report and those PRSC activities that will be performed in the time period until the next PRSC Progress Report In addition PRSC Progress Reports shall include a summary of the results of any PRSC tests or evaluations completed since the last report
PRSC reports shall be submitted quarterly for the first two years following approval of the PRSC plan by EPA after a reasonable opportunity for review and comment by MEDEP For the next 8 years PRSC reports shall be submitted semishyannually in June and November of each year Thereafter PRSC reports shall be submitted annually in November The PRSC reports shall include a discussion of the condition of the NTCRA components and shall identify any corrective measures that have been or need to be installed In particular the condition of the landfill vegetative cover and surface water controldrainage systems shall be discussed
- 19 shy
VIII LONG-TERM MONITORING
In accordance with the schedule set forth in Attachment A to the SOW the Perform g Respondent shall submit a Long-Term Monitoring Plan for EPA Review and Approval after reasonable opportunity for review and comment by MEDEP The objective of the Long-Term Monitoring Plan shall be to evaluate the long-term changes in groundwater surface water and sediment concentrations to assess the effectiveness of the NTCRA The Long-Term Monitoring Plan may also include measures to assess the compliance of the landfill passive gas venting control system and the surface water and sediment control systems The data collected as part of the RIFS Order may be consolidated as a substitute for this data
The Performing Respondent shall initiate the long-term monitoring upon EPA approval of the Long-Term Monitoring Report and continue to perform long-term monitoring of the Site for at least thirty years after EPA approval of the Completion of Removal Action Report Any modifications to these requirements should be made in a manner consistent with Paragraph 111 of the Order
- 20 shy
ATTACHMENT A NTCRA SCHEDULE
DeliverableMeeting Due Date
Kick-off meeting between EPA MEDEP and Design Contractor
Design Progress Reports
Submit Conceptual Design Letter Report to EPA and MEDEP
Final Design Meeting for Sediment Consolidation
Submit draft 100 Sediment Consolidation Design
Conceptual Design Meeting
Monthly Project Mtg
Institutional Control Plan
Submit 100 NTCRA Design
100 NTCRA Design Meeting
Health and Safety Plan for Construction Activities
Second 100 Design Meeting
NTCRA Implementation Schedule
Revised 100 Design Construction Document Submittal
NTCRA Implementation Progress Reports
Construction Meetings
Post-Removal Site Control Plan
Held on December 18 1996
15th calendar day of each month until EPA approval of 100 NTCRA Design
Submitted December 15 1996
Held on December 18 1996
Submitted December 15 1996
Held January 9 1997
To be set by EPA
within 60 days of the effective date of the NTCRA Order
February 28 1997
March 21 1997
No later than May 16 1997
No later than May 23 1997
No later than June 13 1997
No later than June 13 1997
15th calendar day of each month after EPA approval of 100 NTCRA Design until approval of the Completion of Removal Action Report
Once per month during NTCRA construction activities
July 15 1997
Attachment A - 1
Submit Long-Term Monitoring Plan to EPA and MEDEP
Substantial Completion InspectionMeeting
Winter Stabilization Plan
Interim Completion of Removal Action Report
Final Completion of Removal Action Report
Final Inspection
Post-Removal Site Control Progress Reports
No later than December 1 1997
No later than December ]5 1997
By 30th of October of each year until EPA approval of the Post-Removal Site Control Plan
30 days prior to Substantial Completion Inspection Meeting
Within 120 days of the Substantial Completion Inspection
No later than May 15 1998
Quarterly for the 1st two years after approval of PRSC Plan(to be submitted in March June September and December of each year) for the next eight years semishyannually in June and November of each year Thereafter annually in November
Attachment A - 2
ATTACHMENT B
FIELD SAMPLING PLAN COMPONENT OF THE NTCRA 100 DESIGN
The overall objectives of the Field Sampling Plan (FSP) are as follows
1 to document specific objectives procedures and rationales for fieldwork and sample analytical work
2 to ensure that sampling and analysis activities are necessary and sufficient and
3 to provide a common point of reference for all parties to ensure the comparability and compatibility of all objectives and the sampling and analysis activities
The following critical elements of the FSP shall be described for each sample medium as necessary (eg ground water surface water soil sediment air and biota) and for each sampling event
1 sampling objectives (iedemonstration of attainment five year review etc)
2 data quality objectives including data uses and the rationale for the selection of analytical levels and detection limits (see Data Quality Objectives Development Guidance for Uncontrolled Hazardous Waste Site Remedial Response Activities OSWER Directive 935507 March 1987) Also Guidance for Data Useability in Risk Assessment EPA540G-90-008 October 1990
3 site background update including an evaluation of the validity sufficiency and sensitivity of existing data
4 sampling locations and rationale
5 sampling procedures and rationale and references
6 numbers of samples and justification
7 numbers of field blanks trip blanks and duplicates
Attachment B - 1
8 sample media (eg ground water surface war soil sediment air and buildings facilities and structures including surfaces structural materials and residue)
9 sample equipment containers minimum sample quantities sample preservation techniques maximum holding times
10 instrumentation and procedures for the calibration and use of portable air soil- or water-monitoring equipment to be used in the field
11 chemical and physical parameters in the analysis of each sample
12 chain-of-custody procedures must be clearly stated (see EPA NEIC Policies and Procedures Manual EPA 3309-78shy001-R May 1978 revised May 1986
13 procedures to eliminate cross-contamination of samples (such as dedicated equipment)
14 sample types including collection methods and if field and laboratory analyses will be conducted
15 laboratory analytical procedures equipment and detection limits
16 equipment decontamination procedures
The FSP must establish the framework for all anticipated field activities (eg sampling objectives evaluation of existing data standard operating procedures) and contain specific information on each round of field sampling and analysis work (eg sampling locations and rationale sample numbers and rationale analyses of samples) During the NTCRA the FSP shall be revised as necessary to cover each round of field or laboratory activities Revisions or a statement regarding the need for revisions shall be included in each deliverable describing all new field work
The FSP shall include provisions requiring notification of EPA and the MEDEP at a minimum four weeks before field sampling events The Performing Respondent shall provide EPA and MEDEP at least one week notice for non-analytical engineering analysis samples The FSP shall also allow split replicate or duplicate samples to be taken by EPA
Attachment B - 2
(or their contractor personnel) MEDEP and by other parties authorized by EPA At the request of EPA or MEDEP the Performing Respondent shall provide these samples in appropriately pre-cleaned containers to the government representatives Identical procedures shall be used t_raquo collect the Performing Respondents samples and the parallel samples unless otherwise specified by EPA or MEDEP The following guidance documents shall be followed in developing the FSP including
1 Guidance for Conducting Remedial Investigations and Feasibility Studies Under CERCLA (OSWER Directive 93553-01 EPA540G-89004 October 1988)
2 Data Quality Objectives for Remedial Response Activities Development Process EPA540G-87003 (OSWER Directive 93550-7B March 1987)
3 Data Quality Objectives for Remedial Response Activities example scenario RIFS Activities at a site with contaminated Soil and Ground Water (OSWER Directive 93550-7B EPA540G-87002 March 1987)
4 Test Methods for Evaluating Solid Waste PhysicalChemical Method (EPA Pub SW-846 Third Edition)
5 Analytical methods as specified in CFR 40 CFR Parts 136 14123 14124 and 14125 and Agency manuals documenting these methods
6 Statement of Works for Inorganic and Organic Analyses EPA Contract Laboratory Program
7 Guidance for Data Useability in Risk Assessment EPA540G-90-008 October 1990 and
8 Ecological Assessment of Hazardous Waste Sites A Field and Laboratory Reference EPA6003-89013 March 1989
Attachment B - 3
ATTACHMENT C
QUALITY ASSURANCE PLAN FOR THE NTCRA 100 DESIGN
The Quality Assurance Project Plan (QAPjP) shall document in writing site-specific objectives policies organizations functional activities and shall specify quality assurancequality control (QAQC) activities designed to achieve the data quality objectives (DQOs) of the NTCRA The QAPjP developed for this project shall document QAQC policies procedure routines and specifications All project activities throughout the NTCRA shall comply with the QAPjP All QAPjP and sampling and analysis objectives and procedures shall be consistent with Interim Guidelines and Specifications for Preparing Quality Assurance Project Plans (EPA 1983 - EPA QAMS- 00580 1980) All analytical methods shall be consistent with applicable EPA analytical protocols and methods
The 16 basic elements of the QAPjP plan are
1 title page with provision for approval signatures of principal investigators
2 table of contents
3 project description
4 project organization and responsibility
5 quality assurance objectives for measurement data in terms of precision accuracy completeness representativeness and comparability
6 sampling procedures
7 sample custody
8 calibration procedures and frequency
9 analytical procedures which must be EPA approved or equivalent methods
10 data reduction validation and reporting
11 internal quality control checks and frequency
Attachment C - 1
12 performance and system audits and frequency
13 preventive maintenance procedures and schedules
14 specific routine procedures to be used to assess the precision accuracy and completeness of data and to assess specific measurement parameters involved
15 corrective action and
16 quality assurance reports to management
As indicated in EPAQAMS-00580 the above list of essential elements must be considered in the QAPjP for the NTCRA If a particular element is deemed not relevant to the project the reasons for such determination must be provided
Information in a plan other than the QAPjP may be cross-referenced clearly in the QAPjP provided that all objectives procedures and rationales in the documents are consistent and the reference material fulfills the requirements of EPAQAMS-00580 Examples of how this cross-reference might be accomplished can be found in the Data Quality Objectives for Remedial Response Activities Development Process EPA5406-87OQ3 (OSWER Directive 93550-7B) March 1987 and the Data Quality Objectives for Remedial Response Activities Example Scenario EPA540Gshy87004 (OSWER Directive 93550-7B) March 1987 EPA-approved analytical methods or alternative methods approved by EPA shall be used and their corresponding EPA-approved guidelines shall be applied when they are available and applicable
The QAQC for any laboratory used during the NTCRA shall be included in the QAPjP When this work is performed by a contractor to the Performing Respondent each laboratory performing chemical analyses shall meet the following requirements
1 be approved by the State Laboratory Evaluation Program if available
2 have successful performance in one of EPAs National Proficiency Sample Programs (ie Water Supply or Water Pollution Studies or the States proficiency sampling program)
Attachment C - 2
3 be familiar with the requirements of 48 CFR Part 1546 contract requirements for quality assurance and
4 have a QAPjP for the laboratory including all relevant analysis This plan shall be referenced as part of the contractors QAPjP
The Performing Respondent shall certify that all validation of data was performed by an independent person according to Region Is Laboratory Data Validation Functional Guidelines for Evaluating Organic and Inorganic Analyses (amended as necessary to account for the differences between the approved analytical methods for the project and the Contract Laboratory Procedures (CLP) These approved methods shall be contained in the QAPjP The independent person shall not be the laboratory conducting the analyses and should be a person familiar with EPA Region I data validating procedures The independent person performing the validation shall insure that the data packages are complete and all discrepancies have been resolved if possible and the appropriate data qualifiers have been applied The Performing Respondent shall keep the complete data package and make it available to EPA and the MEDEP on request The complete data package must include the following
o Narrative stating method used and explanation of any problems
o Tabulated summary forms for samples standards and QC
o Raw data for samples standards and QC o Sample preparation logs and notebook pages o Sample analysis logs andor notebook pages o Chain of custody sample tags o An example calculation for every method per
matrix
Attachment C - 3
ATTACHMENT D
GENERAL REQUIREMENTS FOR THE TECHNICAL SPECIFICATIONS COMPONENT OF THE NTCRA DESIGN
The general requirements section of the technical specification shall describe how the Performing Respondent will manage the project to complete the NTCRA as required under the SOW and the Order As part of the technical specifications the Performing Respondent shall require the following tasks
1 provide for the security of government and private property on the Site
2 estrict unauthorized entry to the Site which might result in exposure of persons to potentially hazardous conditions
3 establish the location of a field office for on-site activities
4 provide contingency and notification plans for potentially dangerous activities associated with the NTCRA
5 monitor airborne contaminants released by Site activities which may affect the local populations
6 communicate to EPA MEDEP and the public the organization and management of the NTCRA including key personnel and their responsibilities
7 provide a list of Performing Respondents contractors and subcontractors and description of their activities and roles
8 provide for the proper disposal of materials used and wastes generated during the NTCRA (eg drill cutting extracted ground water protective clothing disposable equipment) These provisions shall be consistent with the off-site disposal requirements of CERCLA sect 121(d)(3) RCRA and applicable state laws The Performing Respondent or their authorized representative or another party acceptable to EPA and MEDEP shall be identified as the generator of wastes for the purpose of regulatory or policy compliance
Attachment D - 1
9 provide a description of the project staff and communication strategy
10 provide the mechanism for identifying and notifying EPA and MEDEP of non-conformance with the design and ixeld change requests and
11 provide traffic controls and community notification strategy
Attachment D - 2
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 4
enforceable hereunder the provisions of this Administrative
Order by Consent shall control Any reference herein to the
Work shall mean all activities conducted pursuant to this Order
including but not limited to the Removal Action and all
response actions to be undertaken pursuant to the Action
Memorandum for a Non-Time-Critical Removal Action at the Site
except those activities required by Section XVIII (Record
Preservation) and Paragraph 96 (Payment by Non-Performing
Respondents)
III DEFINITIONS
6 Unless otherwise expressly provided herein terms used
in this Order 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 Order or in the appendices attached hereto and
incorporated hereunder the following definitions shall apply
a Action Memorandum shall mean the EPA Action
Memorandum relating to the Saco Municipal Landfill Site
signed on September 23 1996 by the Director of the Office
of Site Remediation and Restoration (OSRR) EPA Region I
as amended and all attachments thereto
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 5
b Cost Recovery Administrative Agreement shall mea the
Cost Recovery Administrative Agreement Docket No CERCLA shy
1-97-1010 entered by the Respondents and EPA
c Day shall mean a calendar day unless expressly stated
to be a working day or unless the reference is to a period
of ten (10) days or less in which case intervening weekend
days and legal federal holidays shall not be counted in
determining dates In all other instances of computing any
period of time under this Order 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 Working day shall mean a day other than a Saturday
Sunday or federal holiday
d Deliverable shall mean any contract deliverable
plan report notice specification schedule or other item
or document required to be submitted by the City pursuant to
the Order or Statement of Work
e EPA Approval or EPA Review and Approval shall mean
the procedures specified in Section XIVA of this Order
Administrative Order By Consent for Removal Action Saco Municipal Landfill Super-fund Site Page 6
f Extraordinary Response Costs shall mean any costo EPA
or the Maine DEP incur pursuant to Paragraphs 52d 65 69
102 and 104
g Landfill shall mean the Saco Municipal Landfill
which is owned by the City and comprised of four waste
disposal areas (identified as Areas 1 2 3 and 4 in
Appendix A) situated on the 90 acre Landfill Parcel located
on Foss Road in Saco York County Maine owned by the City
h Landfill Parcel shall mean the 90 acre parcel of land
owned by the City on Foss Road in Saco York County Maine
upon which the Landfill is situated
i National Contingency Plan or NCP shall mean the
National Oil and Hazardous Substances Pollution Contingency
Plan promulgated pursuant to Section 105 of CERCLA 42
USC sect 9605 codified at 40 CFR Part 300 and any
amendments thereto
j NTCRA shall mean the Non-Time-Critical Removal Action
undertaken pursuant to this Order
k Order shall mean this Administrative Order by
Consent the Statement of Work (SOW) and any other
appendices or attachments thereto including any future
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 7
modifications as provided by the terms of this
Administrative Order by Consent as may be added hereafter
including (upon EPA Approval or the Citys Certification)
any Deliverables required by this Order such Deliverables
shall be incorporated into and enforceable under this Order
upon EPA Approval or the Citys Certification
1 Oversight Costs shall mean all costs including but
not limited to direct and indirect costs not inconsistent
with the NCP that EPA the Department of Justice or the
State of Maine incur after the effective date of this Order
in overseeing this Order and the Cost Recovery
Administrative Agreement including costs incurred for
negotiating amendments to these instruments- costs incurred
for reviewing or developing plans reports and other items
in connection with this Order costs incurred for overseeing
actions undertaken by the City at the Site pursuant to this
Order including but not limited to payroll costs
contractor costs travel costs and laboratory costs- any
payments tc the State through a cooperative agreement lt~osts
incurred by EPA under or in connection with a contract or
arrangement between EPA and a qualified person to assist EPA
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 8
in overseeing and reviewing the conduct of activities
required under this Order costs of contractors hired by EPA
and other federal agencies to assist in the evaluation of
Respondents Work under this Order costs related to
community relationsinvolvement and any Interest accruing
from the date payment for such costs is due Extraordinary
Response Costs shall be excluded from the definition of
Oversight Costs
m Paragraph shall mean a portion of this Order
identified by an Arabic numeral or an upper case letter
n Parties shall mean EPA the State of Maine and the
Respondents
o Past Response Costs shall mean all costs including
but not limited to direct and indirect costs that EPA the
US Department of Justice or the State of Maine incurred
at the Site or in connection with the Site through the
effective date of this Order plus accrued Interest on all
such costs through such date
p Post-Removal Site Control shall mean those activities
necessary to maintain the effectiveness and integrity of the
NTCRA
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 9
q Prior MEDEP Orders and Consent Decrees shall meai The
1970 Consent Agreement and Order issued by the MEDEP to the
City the 1981 Administrative Consent Agreement and
Enforcement Order issued by MEDEP to the City the 1984
Consent Decree entered by the MEDEP and the City the 1986
First Amendment to the 1984 Consent Decree the 1987 Consent
Decree between the MEDEP and the City and all other
administrative orders and consent decrees related to the
Site issued by the MEDEP to the City prior to the effective
date of this Order
r Removal Action shall mean all activities that the
Respondents are required to perform under this Order
including but not limited to all response actions to be
undertaken pursuant to the Action Memorandum for a Non-Time
Critical Removal Action at the Site dated September 23
1996 except those activities required by Section XVIII
(Record Preservation) and Paragraph 96 (Payment by Non-
Performing Respondents)
s Response Costs shall mean all costs including but
not limited to direct and indirect costs plus Interest on
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 10
all such costs that EPA the US Department of Justice or
the State of Maine incur in connection this Order
t Performing Respondent shall mean the City of Saco
Maine
u Performing Respondents Certification shall mean the
procedures specified in Section XIVB of this Order
v Non-Performing Respondents shall mean those parties
identified in Paragraph 12
w RIFS Order shall mean the Administrative Order by
Consent for Remedial InvestigationFeasibility Study EPA
Region I CERCLA Docket No I-CERCLA-95-1069
x RIFS Response Costs shall mean those costs
including but not limited to direct and indirect costs that
EPA the US Department of Justice or the State of Maine
incurred or will incur in connection with the RIFS Order
plus accrued Interest on all such costs
y RFC shall mean the Citys Project Coordinator
z RPM shall mean EPAs Remedial Project Manager
aa Section shall mean a portion of this Order identified
by a Roman numeral
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 11
bb Site shall mean the Saco Municipal Landfill Supe fund
Site encompassing the Landfill the Landfill Parcel and
all other areas where hazardous substances migrating from
the Landfill have come to be located and all areas in
proximity to the hazardous substances necessary for
implementation of the response action
cc State shall mean the State of Maine including MEDEP
dd Statement of Work or SOW shall mean the statement
of work for the design and implementation of the Removal
Action as set forth in Appendix B to this Order any
modifications made in accordance with this Order and any
attachments to the SOW
ee MEDEP or Maine DEP shall mean the State of Maine
Department of Environmental Protection and any predecessor
or successor departments or agencies of the State
IV EPAS AND MAINE PEPS FINDINGS OF FACT
Site Description and History
7 The Site is in a rural residential area Wooded areas
surround the Site in all directions with the exception of an
open sand and gravel quarry to the southeast private residences
are located to the north and east The closest residence is
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 12
approximately 1000 feet northeast of the entrance to the
landfill In 1975 a waterline extension for the Biddeford and
Saco Water Company was installed along Buxton Road which is to
the east of the Site north to the Louden Road that services
many of the private residences in the area
8 The City of Saco operated the Landfill from 1963 until
approximately 1988 Solid wastes commercial wastes and
industrial wastes were disposed of at the Landfill In 1987 the
City of Saco began operating and continues to operate a
transfer station and compost area near the northern perimeter of
the Landfill Parcel and to the west of Foss Road The transfer
station receives and temporarily stores demolition debris wood
waste and white goods prior to off-site disposal The Landfill
is comprised of four distinct waste deposition areas (Areas 1 2
3 and 4) A brook known as Sandy Brook flows northwest to
southeast through the Landfill Parcel with Landfill Areas 1 and
2 to the east and Areas 3 and 4 to the west of Sandy Brook
9 Following reports of ground water and surface water
contamination from leachate from the Landfill the Maine DEP
began investigating the Site in 1974 A 1974 report by a
consultant for the City of Saco identified leachate originating
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 13
from Area 1 at the Landfill as a source of contamination and a
1975-1976 report recommended capping Area 1 to prevent continued
leachate generation Further studies by other consultants as
well as by the Maine DEP and EPA identified volatile organic
compounds metals and semi-volatile compounds including but not
limited to acetone bis (2-ethylhexyl) phthalate chromium 11shy
dichloroethane iron lead manganese methyl ethyl ketone and
toluene in the leachate ground water andor surface water at
the Site at the time of the additional studies
10a In February 1976 the Maine DEP issued a Consent
Agreement and Order (Consent Order) to the City of Saco to
abate leachate migration from the Landfill Pursuant to the
Consent Order the City of Saco regraded Area 1 and covered it
with a clay cap in the fall of 1976 In September 1981 the
Maine DEP issued-an Administrative Consent Agreement and
Enforcement Order to the City of Saco requiring submittal of a
closure plan for the entire Landfill The City of Saco submitted
a closure plan to the Maine DEP in March and November 1984
Following Maine DEP approval of the submitted plan the Maine DEP
and the City of Saco entered into a Consent Decree effective
December 31 1984 under which the City of Saco agreed to perform
Administrative Order By Conaent for Removal Action Saco Municipal Landfill Super-fund Site Page 14
the closure plan for the Landfill Pursuant to the approved
closure plan the City of Saco installed a leachate recirculation
system in Area 2 and covered this area of the Landfill with a
clay cap In addition in a separate action from 1985 to 1991
the City of Saco allowed the temporary storage of solid waste
from Nike Inc in Area 3 which was later sent off-site for
incineration Area 4 of the Landfill has been graded and is
covered with a thin layer of soil
b A number of monitoring efforts at the Site have
been undertaken by the City of Saco and others In 1980 34
private wells located near the Site were sampled In 1984 the
City of Saco contracted with Dubois amp King which installed 24
additional monitoring wells conducted sampling of groundwater
surface water off-site residential wells and ponds and
initiated quarterly sampling In 1987-1988 the City of Saco
contracted with Balsam Environmental Consultants to conduct
sampling of groundwater surface water and leachate in
preparation for Landfill closure activities In 1989 Balsam
evaluated the existing monitoring well network and submitted a
Remedial Investigation Plan
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 15
c From September 1992-April 1994 Halliburton NUS
Corporation provided technical assistance to EPA conducted a
Limited Field Investigation under EPA oversight and prepared a
Final Site Summary Report regarding the Site In 1993-1994 the
US Geological Survey under an Interagency Agreement with the
EPA conducted a detailed geologichydrogeologic review of the
Site and installed monitoring wells performed numerous
geophysical analyses and monitored and sampled surface water
B Performing Respondent
11 The City of Saco is a municipality which currently owns
the Landfill Parcel and the Landfill and owned the landfill
Parcel and the Landfill during the time of disposal of hazardous
substances at the Landfill The City also operated the Landfill
during the time of disposal of hazardous substances at the
Landfill either directly or through a contractor The City of
Saco typically provided trash removal services for residential
and non-industrial commercial entities Industrial entities
handled their own waste hauling to the Landfill
C Non-Performing Respondents
12 The following parties are Non-Performing Respondents
Robus Leather Corporation fka George Newman amp Company
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 16
successor by merger to Biddeford Industries Inc a corporation
under the law of the State of Ohio CL Hauthaway amp Sons Corp
a corporation under the law of the Commonwealth of Massachusettsshy
Gabriel Electronics Incorporated a corporation under the law of
the State of Maine Litton Industries Inc a corporation under
the law c_ the State of Delaware- Lyn-Flex Industries an
unincorporated division of Der-Tex Corporation a corporation
under the law of the Commonwealth of Massachusetts Millipore
Corporation a corporation under the law of the Commonwealth of
Massachusetts Nike Inc a corporation under the law of the
State of Oregon ZENECA Inc a corporation under the law of the
State of Delaware Saco Defense Inc a corporation under the law
of the State of Delaware Bemis Company Inc a corporation
under the law of the State of Missouri and Champion
International Corporation a corporation under the law of the
State of New York EPA and Maine DEP allege that each Non-
Performing Respondent arranged by contract agreement or
otherwise for the disposal or treatment of hazardous substances
at the Landfill andor accepted or
had a corporate relationship with a person that accepted
hazardous substances for transport to the Landfill
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 17
C Environmental Status of Site
13 Beginning in the mid-1970s individuals residing near
the Site reported water quality concerns regarding their drinking
water wells To address these concerns the municipal water
supply was extended along Buxton Road (Route 112) in 1975
14 Based upon the hazardous substance releases detected
during EPA MEDEP and City of Saco investigations at the Site
and other information available to EPA regarding disposal of
hazardous substances by industrial generators at the Landfill
and pursuant to Section 105(a)(8)(B) of CERCLA 42 USC
sect 9605(a)(8)(B) the Site was proposed for inclusion on the
National Priorities List (NPL) published by the Administrator
of EPA in the Federal Register on June 24 1988 (NPL Update 7
53 Fed Reg 23988-98) The Site was listed for final inclusion
on the NPL on February 21 1990 (NPL Final Rule Update 7 55
Fed Reg 6154)
15 EPA MEDEP and the City of Saco have entered into the
Administrative Order by Consent for Remedial Investigation
Feasibility Study US EPA Region I CERCLA Docket No I-CERCLAshy
95-1069 (RIFS Order) in order to fully investigate the release
or threat of release of hazardous substances at the Site The
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 18
RIFS Order became effective on October 2 1995 The Remedial
Investigation and Feasibility (RIFS) Study is still in
progress
16 The RIFS and earlier investigations have revealed that
the landfill waste material is the source of hazardous substances
migrating to the underlying soils groundwater sediments and
surface water Hazardous substances were detected in groundwater
monitoring wells adjacent to and downgradient of the Site
indicating that hazardous substances have migrated from the Site
into the overburden groundwater which discharges to Sandy Brook
Groundwater data indicates that hazardous substances including
but not limited to arsenic manganese vinyl chloride benzene
and bis(2-ethylhexyl)phthalate are present at concentrations
above the maximum contaminant levels established under the
federal Safe Drinking Water Act and the Maine Maximum Exposure
Guidelines In addition hazardous substances from the Site have
accumulated in the sediments of leachate seeps adjacent to Sandy
Brook The level of arsenic in one leachate seep adjacent to
Sandy Brook is over 200 times the National Oceanic and
Atmospheric Effects Range-Low concentrations for sediments (NOAA
ER-L)
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 19
17 On June 6 1996 EPA issued an Engineering
EvaluationCost Analysis (EECA) Approval Memorandum for the
Site In this memorandum EPA concludes that a CERCLA Non-Time-
Critical Removal Action is necessary and appropriate to control
the source of hazardous substance releases at the Site and
authorizes the undertaking of an EECA study to evaluate various
response options On July 26 1996 EPA approved the EECA
Report prepared by the City of Saco pursuant to the RIFS Order
18 On September 23 1996 the Director of OSRR EPA Region
I signed an Action Memorandum for a Non-Time-Critical Removal
Action at the Site In order to control and contain the release
of hazardous substances from Areas 3 and 4 of the Saco Municipal
Landfill Site the Action Memorandum calls for excavation of
groundwater seep sediments with arsenic concentrations above 19
mgkg the construction of a multi-layer landfill cap
institutional controls long-term monitoring and Post-Removal
Site Control (operation and maintenance) of the cap and
monitoring wells
D Endangerment and Response
19 The primary route by which human populations could be
exposed to hazardous substances migrating from the Site is
Administrative Order By Concent for Removal Action Saeo Municipal Landfill Superfund Site Page 20
ingestion of groundwater in the vicinity of Areas 3 and 4 At
present no residents living near the Site are known to be
consuming impacted groundwater However the potential exists
for new residences to be located (with associated drinking water
wells) near the Site
20 Due to ongoing weather conditions water infiltrates
the landfill waste material and underlying soils causing the
leaching of hazardous substances to the groundwater and the
migration of such substances through the groundwater An
exposure pathway potentially exists therefore through the
ingestion of water from a drinking water well installed in the
groundwater impacted by the hazardous substances
21 A risk evaluation performed for the EECA Approval Memo
concludes that there is an unacceptable cancer and non-cancer
risk from exposure to substances in the groundwater including
those hazardous substances listed in Paragraph 9 above The
cumulative excess cancer risk resulting from ingestion of
groundwater by a future user is estimated as 1 x 10~2 for the
reasonable maximum exposed individual and 91 x 104 for the
average exposed individual These levels exceed the highest
acceptable level of risk (1 x 10) established by EPA under the
Administrative Order By Convent for Removal Action Saoo Municipal Landfill Superfund Site Page 21
National Contingency Plan The hazard index which is an
expression of the potential noncarcinogenic effects (eg liver
damage) of the hazardous substances is estimated as 64 for the
reasonable maximum exposed individual and 22 for the average
exposed individual A hazard index significantly greater than
one is considered to pose an unacceptable risk
22 The EECA Approval Memo risk evaluation also identified
an unacceptable risk from human exposure to the maximum
concentrations of arsenic in the groundwater seeps and an
unacceptable non-cancer risk from human exposure to chromium in
the soils adjacent to Area 3
23 An ecological risk was also identified by the EECA
Approval Memo risk evaluation Iron concentrations in Sandy
Brook were up to 18 times the ambient water quality criteria and
arsenic concentrations in Sandy Brook sediments and the
groundwater seep sediments were 138 times the NOAA ER-L
24 The Removal Action specified in the Action Memorandum
signed by the Director of OSRR EPA Region I on September 23
1996 and as detailed in the Order and SOW is designed to
control the actual or threatened release of hazardous substances
into the groundwater air surface water and sediments and
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 22
thereby prevent minimize andor mitigate the imminent and
substantial endangerment to the public health or welfare or the
environment posed by the actual or potential releases of
hazardous substances from the Landfill
V EPAS AND MAINE PEPS DETERMINATIONS
Based on the Findings of Fact set forth above and the
administrative record supporting the Removal Action EPA and the
Maine DEP have determined that
25 The Saco Municipal Landfill Superfund Site is a
facility as defined by Section 101(9) of CERCLA 42 USC
sect 9601(9) and an uncontrolled hazardous substance site within
the meaning of the Maine Uncontrolled Sites Law 38 MRSA
sect 1362(3) (1989 amp Supp 1997)
26 The hazardous substances found at the Site as
identified in the Findings of Fact above include hazardous
substance(s) as defined by Section 101(14) of CERCLA 42 USC
sect 9601(14) and the Maine Uncontrolled Sites Law 38 MRSA
sect 1362(1) (1989 amp Supp 1997)
27 Each Respondent is a person as defined by Section
101(21) of CERCLA 42 USC sect 9601(21)
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 23
28 Each Respondent is a liable party within the meaning of
Section 107(a) of CERCLA 42 USC sect 9607(a) and a responsible
party within the meaning of the Maine Uncontrolled Hazardous
Substances Sites Law 38 MRSA sect 1362(2) (1989 amp Supp 1997)
29 The conditions described in the Findings of Fact above
constitute an actual or threatened release of a hazardous
substance from the facility into the environment as defined by
Section 101(8) and (22) of CERCLA 42 USC sect 9601(8) and (22)
30 The conditions present at the Site may constitute a
threat to public health welfare andor the environment based
upon the factors set forth in Section 300415(b)(2) of the
National Contingency Plan 40 CFR sect 300415(b)(2)
31 The actual or threatened release of hazardous
substances from the Site may present an imminent and substantial
endangerment to the public health welfare or the environment
within the meaning of Section 106(a) of CERCLA 42 USC
sect 9606(a) and may constitute threats or hazards posed or
potentially posed by an uncontrolled site within the meaning of
the Maine Uncontrolled Sites Law 38 MRSA sect 1364 (1989 amp
Supp 1997)
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 24
32 In order to protect the public health and welfare and
the environment and prevent the further release or threat of
release of hazardous substances in at or from the Site a
Removal Action is necessary and appropriate The Removal Action
will consist of implementation of this Order and SOW The SOW is
designed to prevent minimize andor mitigate damage to the
public health or welfare or the environment which may otherwise
result from the release or threat of release of hazardous
substances and was developed in accordance with the criteria set
forth at Section 300415 of the NCP 40 CFR sect 300415 The
Removal Action is not inconsistent with the NCP and CERCLA
33 Despite the Non-Performing Respondents agreement to
make payments to be used for performance of the Work and the
Performing Respondents agreement to perform Work under this
Order Respondents do not admit any of the factual or legal
determinations made by EPA and Maine DEP Respondents agreement
to this Order shall not be construed to be an acknowledgment that
the release or threatened release constitutes an imminent and
substantial endangerment to the public health or welfare or the
environment Except as otherwise provided in the Federal Rules
of Evidence and other than in proceedings to enforce i) this
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 25
Order ii) any agreement between and amonc e Performing
Respondent and Non-Performing Respondents regarding the Site or
iii) a judgment relating to this Order or any such agreement
Respondents participation in this settlement shall not be
considered an admission of liability for any purpose and the
fact of such participation shall not be admissible in any
judicial or administrative proceeding
VI ORDER
34 Based upon EPAs and MEDEPs jurisdiction the Findings
of Fact and Determinations set forth above and the
administrative record supporting the Removal Action EPA and the
Maine DEP hereby order and the Parties hereby agree that the
Respondents as required herein shall comply with the provisions
of this Order and SOW and perform all actions required by the
terms and conditions of this Order and SOW
VII REMOVAL WORK TO BE PERFORMED COMPLETION OF WORK
35 Upon the effective date of this Order the City shall
perform the Work detailed in the SOW to perform the Removal
Action and meet the performance standards specified in the Action
Memorandum and the SOW The Parties agree that the SOW is
consistent with the Action Memorandum Notwithstanding any
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 26
determination that EPA may make under Paragraph 70 cpound this Order
that additional response actions are necessary to attain the
performance standards specified in the Action Memorandum
compliance with the Work requirements specified in the SOW shall
constitute compliance with the Citys obligation to perform the
Work required by this Paragraph (Paragraph 35) If the SOW must
be modified to ensure that the City meets the performance
standards specified in the Action Memorandum and the SOW the
City must thereafter complete the Work required by the SOW as
modified As specified in the SOW the Removal Action will
generally consist of (i) excavation of all sediments in the
groundwater seep adjacent to Sandy Brook having an arsenic
concentration above 19 mgkg (ii) the design and construction of
a multi-layer low hydraulic conductivity cap over the landfill
(iii) long-term monitoring of the groundwater surface water and
sediments (iv) Post-Removal Site Control and (v) institutional
controls including deed restrictions andor other controls to
prohibit the future use of the Site in any manner that would
compromise the integrity of the cap and its related systems
36 The City shall conduct as necessary Post-Removal Site
Control at the Site in accordance with the SOW All activities
Administrative Order By Connent for Removal Action Saco Municipal Landfill Superfund Site Page 27
performed by the City shall be conducted in accordance with
CERCLA the NCP applicable guidance documents specified by EPA
in the SOW and the provisions of this Order including any
standards specifications and time schedules contained in the
SOW (as such may be amended) and its attachments
37 Pursuant to the schedule in Attachment A to the SOW
the City shall submit for EPA Approval the Final Demonstration of
Compliance and Completion of Removal Action Report (the Final
Completion of Removal Action Report) The Final Completion of
Removal Action Report shall conform to the requirements specified
in the SOW The Final Completion of Removal Action Report shall
also include the following certification signed by the Citys
Project Coordinator or a responsible City official
On behalf of the City for whom I have the authority to make this certification I certify that to the best of my knowledge after appropriate inquiries of relevant persons involved in the preparation of the Report the information submitted 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
38 If EPA after reasonable opportunity for review and
comment by the State determines that the construction portion of
the Removal Action has been fully performed in accordance with
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superpoundund Site Page 28
this Order (with the exception of continuing obligations required
by this Order including without limitation Post-Removal Site
Control long-term monitoring and record preservation) and that
the performance standards specified in the Action Memorandum and
the SOW have been achieved EPA will provide written notice to
the City If EPA after reasonable opportunity for review and
comment by the State determines that all activities have not
been completed in accordance with the provisions of this Order
it will so notify the City and provide a list of the tasks
remaining and a schedule for their completion Subject to the
Citys right to invoke Dispute Resolution the City shall perform
all remaining tasks and shall submit an amended Final Completion
of Removal Action Report in accordance with the EPA notice
VIII COORDINATION AND COOPERATION WITH OTHER RESPONSE ACTIONS
39 The Parties recognize that (i) the City of Saco is
currently performing an RIFS at the Site (ii) EPA intends
after reasonable opportunity for review and comment by the Maine
DEP to select a final remedial action for the Site following
completion of the RIFS and (iii) the design andor construction
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Superfund Site Page 29
of a future remedial action may be performed concurrently with
the Citys performance of portions of the Removal Action
40 The City shall coordinate and cooperate fully with EPA
the State and any other person conducting future response
actions at the Site under EPA or State supervision The City
shall not interfere with or hinder the performance of future
response actions nor take any actions inconsistent with the
performance of any future response actions Further the City
shall provide such assistance and information as EPA deems
necessary to ensure the smooth transfer of the operation and
maintenance of the landfill systems to EPA and any other person
conducting future response actions at the Site under EPA or State
supervision if such becomes necessary
IX ENSftlt3EMTiTJT 9F THE CITYS CONSULTANT AND CONTRACTOR AND PROJECT COORDINATOR
41 The City has selected a qualified Consultant (the
Consultant) Woodard and Curran Inc to perform engineering
consulting work including cap design required under this Order
Additional technical activities including cap construction will
be performed by a contractor yet to be selected The Consultant
and contractor shall employ key personnel dedicated to the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 30
Removal Action that shall have a minimum of five (5) years of
direct experience in performing response actions at hazardous
waste sites Subcontractors retained by the Consultant or
contractor shall contribute no more than fifty percent (50) of
the total work to be conducted under the agreement between the
City and the Consultant All work performed by said Consultant
and contractor pursuant to this Order shall be unde^ the general
direction and supervision of a qualified individual with
expertise in hazardous waste site cleanup The contractor shall
employ such professional staff and shall contract with
appropriate subcontractors sufficient to perform the Removal
Action prior to engagement by the City
42 The City shall provide written notice to EPA and the
Maine DEP within ten (10) days after engaging a contractor The
notice shall include a copy of the Citys contract with the
contractor a statement of qualifications identification of
project personnel and language dedicating the specific
professional staff for specific hours devoted to the project
The City shall notify EPA and the Maine DEP regarding the
identity and qualifications of all subcontractors as soon as each
subcontractor is engaged or at least fourteen (14) days prior to
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Superfund Site Page 31
the subcontractors commencement of Site Work whichever occurs
first Notice by the Citys contractor or subcontractor shall be
deemed notice by the City EPA after reasonable opportunity for
review and comment by the Maine DEP shall have the right
subject to the Citys right to invoke Dispute Resolution to
disapprove based on professional qualifications conflicts of
interest andor deficiencies in previous similar work the
Consultant and any contractor or subcontractor or other person
engaged directly or indirectly by the City to conduct the Work
under this Order The City shall not be deemed in violation of
this Order because the Work has been performed by a contractor or
subcontractor or other person engaged directly or indirectly by
the City to conduct the Work under this Order which is
subsequently disapproved by EPA
43 Within fourteen (14) days after the effective date of
this Order the City shall designate a Project Coordinator who
shall be responsible for the administration of all actions called
for by this Order and shall submit the Coordinators name
address and telephone number to EPA and the ^aine DEP Any
subsequent change in the Citys Project Coordinator shall be
accomplished to the extent possible by notifying EPA and the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 32
Maine DEP in writing at least fourteen (14) days prior to the
change The Citys Project Coordinator shall be subject to
disapproval by EPA and shall have the technical expertise
sufficient to adequately oversee all aspects of the work required
under this Order
X DESIGNATION OF GOVERfffMHSITT COORDINATORS
44 EPA will designate a Remedial Project Manager (WRPM)
for administration of its responsibilities for oversight of the
day-to-day activities conducted under the Order and for receipt
of all written matter including deliverables required by the
Order The Maine DEP may designate a Maine DEP Project Manager
for the administration of its responsibilities for oversight of
the day-to-day activities conducted under the Order and for
receipt of all written matter including deliverables submitted
to the Maine DEP as required by this Order In addition EPA
will designate a Geographic Section Chief (GSC) who shall have
ultimate responsibility for the approvaldisapproval findings and
comments on Deliverables pursuant to Section XIV of this Order
EPA will submit the name address and telephone number of the
RPM and GSC to the City and the Maine DEP within fourteen (14)
days after the effective date of this Order EPA shall notify
Administrative Order By Consent for Removal Action Saco Municipal Landfill Suparfund Site Page 33
the City and the Maine DEP in writing of any subsequent changes
in the RPM or GSC
45 The RPM shall have the authority vested in the On-Scene
Coordinator and the Remedial Project Manager by the National
Contingency Plan as amended 40 CFR Part 300 This includes
the authority to halt conduct or direct any tasks required by
this Order andor any response action or portions thereof when
conditions may present an imminent and substantial endangerment
to public health or welfare or the environment The absence of
the EPA RPM from the Site shall not be cause for the City to halt
actions at the Site unless specifically directed by the RPM
XI PLACE AND MANNER OF NOTICE
46 Communications between the City and EPA andor the
Maine DEP and all documents including reports approvals
disapprovals written notice and other correspondence concerning
the activities performed pursuant to the terms and conditions of
this Order shall be directed through the Citys Project
Coordinator the EPA RPM and the Maine DEP Project Manager For
each Deliverable provided to EPA one (I) camera ready (unbound)
original shall be submitted along with such additional copies as
are required by the RPM Additionally two (2) copies shall be
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 34
submitted to the Maine DEP Project Manager along with such
additional copies as the Maine DEP Project Manager may request
All such documents submitted pursuant to this Order shall be sent
by certified mail return receipt requested or by overnight
delivery service or by courier to the EPA RPM and the Maine DEP
Project Manager at the following addresses or to such other
addresses as EPA or the State hereafter may designate in writing
Mary Jane ODonnell Chief MEVTCT Superfund Section US Environmental Protection Agency Office of Site Remediation and Restoration - HBT JFK Federal Building Boston MA 02203
Wilkes Harper Maine DEP Bureau of Remediation and Waste Management 17 State House Station Augusta ME 04333-0017
XII OBSERVATION OF THE CITYS ACTIVITIES
47 The City shall allow the EPA RPM EPA and State
employees (including but not limited to the Maine DEPs Project
Manager) agents consultants contractors and authorized
representatives to observe the Citys Work at the Site in
implementing the Removal Action activities pursuant to this
Order All activities under this Order shall comply with the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 35
provisions for respmdash pe action worker safety and health in
29 CFR sect 1910120 EPA and Maine DEP will provide reasonable
notice to the City prior to such observation to the extent
practicable The City shall permit such persons (i) to inspect
and copy all non-privileged records documents files or other
writings that relate in any way to the work at the Site and that
would be available to EPA pursuant to its authority under Section
104(e)(2) of CERCLA (ii) to record all field activities by means
of photographic or other recording equipment (iii) to enter and
to freely move about all property on or about the Site during
field activities and at all other reasonable times (iv) to
conduct such tests as EPA may deem necessary (the results of
which shall be available to the Respondents and (v) to verify
the data submitted to EPA by the City The City shall not assert
privileges with respect to technical data regarding the Site
collected pursuant to any requirement of the RIFS Administrative
Order by Consent this Order or any other EPA or Maine DEP
request
XIII NECESSITY OF FORMAL APPROVAL
48 No informal advice guidance suggestions or comments
whether written or oral by EPA or the Maine DEP regarding
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 36
Deliverables or regarding any orv er written or oral information
submitted by the City to EPA (including any information the City
provides to EPA before during or after meetings) shall be
construed as relieving the City of its obligations to obtain such
formal reviews as may be required by this Order and SOW
XIV DELIVERABLES SUBMITTED TO EPA AND THE MAINE PEP
49 For Deliverables which require EPA Approval as
specified in this Order or the SOW the City shall comply with
the procedures set forth in subsection XIVA below For
Deliverables which require Performing Respondents Certification
as specified in the SOW the City shall comply with the
procedures set forth in subsection XIVB below
50 All Deliverables submitted to EPA and the Maine DEP
shall be delivered to EPA and the Maine DEP in accordance with
the schedule set forth in the SOW or otherwise established under
this Order or as modified in accordance with Section XXXXI All
Deliverables which have not received an Approval or Approval with
Conditions pursuant to subsection XIVA below or which require
the Citys Certification pursuant to subsection XIVB below
shall include the following disclaimer in a prominent location in
the document Disclaimer This document has been prepared by
Administrative Order By Concent for Removal Action Saco Municipal Landfill Superfund Site Page 37
the City pursuant to a government administrative order and has
not received final acceptance from the US Environmental
Protection Agency The opinions findings and conclusions
expressed are those of the authors and not those of the US
Environmental Protection Agency or Maine Department of
Environmental Protection In addition any such Deliverable
which requires EPA Approval pursuant to subsection XIVA below
and which has not received final approval from EPA shall be
marked DRAFT on each page
51 Any Deliverable required by this Order or SOW shall be
incorporated in and become an enforceable part of this Order
upon EPA Approval pursuant to subsection XIVA or upon the
Performing Respondents Certification pursuant to subsection
XIVB whichever applies Delay or noncompliance with such
Deliverables shall be considered delay or noncompliance with
requirements of this Order and the provisions of Section XXX
(Stipulated Penalties) shall apply
A Deliverables Requiring EPA Approval
52 EPA will review each Deliverable which requires EPA
Approval as specified in this Order or Attachment A of the SOW to
determine after reasonable opportunity for review and comment by
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 38
the Maine DEP whether it is consistent wi^b the requirement-^ of
the SOW and the Order and may respond to the City with one or
more of the following findings
a Approval -- means that the City shall proceed with the
next scheduled activity consistent this Order
(including the approved Deliverable)
b Approval with Conditions -- means that the City shall
proceed with the next scheduled activity subject to
certain required modifications or conditions set forth
in the EPA comments In its response EPA will specify
a schedule for resubmitting the Deliverable with the
required modifications or conditions as set forth in
the EPA comments and EPA will specify in writing the
required modifications or conditions If the City
fails to resubmit the Deliverable within the specified
time EPA may order the City to cease work on the
activity or any portion of it until such time as the
modification is made or the condition is met
c Disapproval with Modification Required -- means that
the City shall not proceed until it modifies the
Deliverable to correct the deficiencies delineated in
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 39
EPAs corr(ccergtsl and resubmits the Deliverable for
further EPA review Modifications may be required in
any originally-submitted Deliverable any portions of a
Deliverable or any Deliverable or portion of a
Deliverable resubmitted to EPA EPA will specify a
schedule for resubmitting any Deliverable requiring
modifications
d Disapproval with EPA Modification mdash means that EPA has
determined that it will modify the submission to cure
any deficiencies in the Deliverable andor undertake
the Work or any portion of it itself EPA will include
a brief explanation for its determination within the
Notice of Disapproval with EPA modification The City
agrees to reimburse EPA for the costs of such
modification or such Work undertaken by EPA as
Extraordinary Response Costs pursuant to and subject to
Paragraph 82 of this Order However EPA shall not
modify a submission without first providing the City at
least one notice of deficiency and an opportunity to
cure within seven (7) days of receipt of such notice
except where to do so would cause serious disruption to
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 40
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
53 Any disapproval of a Deliverable will give rise to
stipulated penalties as set out in this Order- stipulated
penalties shall accrue from the time the disapproved Deliverable
was originally due Stipulated penalties shall not be payable
however for Deliverables Disapproved with Modification Required
unless disapproval of a first resubmission is due to a material
defect In the case of Deliverables Disapproved with EPA
Modification pursuant to Paragraph 52d stipulated penalties
shall not continue to accrue after 30 days after the Deliverable
is disapproved except if the City disputes the disapproval in
which case stipulated penalties shall run in accordance with
Section XXX of this Order In the event of a disagreement over
EPAs determination concerning a Deliverable the parties shall
resolve the disagreement in accordance with the Dispute
Resolution Section (Section XXIX) of this Order A determination
of Approval or Approval with Conditions shall not be construed to
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 41
mean that EPA concurs with all conclusions methods or
statements in the Deliverables
B Deliverables Requiring Performing Respondents Certification
54 Each Deliverable requiring the Performing Respondents
Certification as specified in Attachment A of the SOW shall be
certified by the City as provided below Upon submittal to EPA
and the Maine DEP the City shall proceed with the next scheduled
activity consistent with each such Deliverable without further
notification or approval by EPA Each such Deliverable shall
include the following certification signed by the Citys Project
Coordinator
On behalf of the City for whom I have the authority to make this certification I certify to the best of my knowledge and professional judgment after appropriate inquiries of relevant persons involved in the preparation of this Deliverable that the guidance documents specified in the SOW which apply to this Deliverable were reviewed in preparation of this Deliverable I further certify that to the best of my knowledge and professional judgment this Deliverable is in accordance with the SOW and the guidance documents specified therein which apply to this Deliverable I am aware that the City may be subject to stipulated penalties for submitting a Deliverable that is not in conformance with the SOW and the guidance documents specified therein which apply to this Deliverable
55 EPA at its discretion may provide comments to the
City concerning any Deliverable requiring the Performing
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Suparfund Site Page 42
Respondents Certification and after reasonable opportunity for
review and comment by the State may disapprove the Deliverable
and notify the City of deficiencies in writing Upon receipt of
a notice of disapproval with deficiencies the City shall suspend
performance of all action required by the Deliverable and shall
correct the deficiencies and resubmit the Deliverable within
thirty (30) days or such other time period specified by EPA in
the notice of disapproval Notwithstanding a notice of
disapproval the City shall proceed to take any action required
by any non-deficient portion of the Deliverable If EPA
disapproves the Deliverable as resubmitted the City shall be in
violation of the Order and the provisions of Section XXX
(Stipulated Penalties) shall apply
XV MONTHLY PROGRESS REPORTS AND MEETINGS
56 The City shall provide monthly written progress reports
(Progress Reports) to EPA and the Maine DEP as specified in
the SOW Meetings between the RPM the Maine DEP the RPC and
the Consultant may be held at least once per month at the EPA
office in Boston unless EPA designates another location or
determines that a monthly meeting is not required for a
particular month The City id the Consultant and contractor
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 43
engaged to perform the Work under this Order shall also meet with
and make formal presentations to EPA at the completion of major
components of the Removal Action as specified by the EPA RPM
After completion of all construction activities the City may
upon EPA approval reduce the frequency of submission of the
monthly Progress Reports
57 The City shall submit in its monthly progress reports a
summary of results of sampling andor tests and other data
generated by the City by its Consultant and contractor or on
the Citys behalf in the course of implementation of the Order
The City shall furnish the full results and any underlying
documentation to EPA upon request
XVI QUALITY ASSURANCEQUALITY CONTROL
HEALTH AND SAFETY COMPLIANCE
58 While conducting sample collection sample analysis
and construction activities required by this Order the City
shall use quality assurance quality control and chain of
custody procedures in accordance with EPAs Interim Guidelines
and Specifications for Preparing Quality Assurance Project Plan
(December 1980 QAMS-00580) Data Quality Objective Guidance
(EPA540G87003 and 004) subsequent amendments to such
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 44
guidelines the Quality Assurance Project Plan (QAPP) approved
under the RIFS Order and additional quality assurance
procedures for construction activities required in the SOW
59 The City shall prepare a Health and Safety Plan as
required and described in the SOW The Health and Safety Plan
shall be consistent with and implement standards promulgated by
the Secretary of Labor pursuant to CERCLA and Section 6 of the
Occupational Safety and Health Act of 1970
XVII SPLIT SAMPLING
60 At the request of EPA or the Maine DEP the City shall
provide split or duplicate samples to EPA and the Maine DEP or
their authorized representatives of any samples collected by the
City pursuant to the implementation of this Order Similarly
the City shall allow such split or duplicate samples to be taken
by EPA the Maine DEP andor their authorized representatives
The City shall notify EPA and the Maine DEP not less than thirty
(30) days or such lesser time as approved by the EPA RPM in
advance of any sample collection activity Not less than twenty-
one (21) days in advance of sample collection or such lesser
time as approved by the RPM the City shall notify EPA and the
Maine DEP of the sampling date sampling media and the number of
Administrative Order By Convent for Removal Action Saco Hunicipal Landfill Superfund Site Page 45
samples from each media EPA and the Maine DEP shall conduct any
sampling activities in a reasonable manner Upon request EPA
and the Maine DEP shall allow the City to take split or duplicate
samples of any samples they collect as part of their oversight of
the Citys implementation of the Work
XVIII RECORD PRESERVATION
61 During the pendency of this Order and for a period of
not less than six (6) years after EPA approval of the Final
Completion of Removal Action Report the Respondents shall
preserve all records and documents in their possession which
relate in any way to the performance of activities required under
this Order notwithstanding any document retention policy to the
contrary provided that this Paragraph shall not apply to copies
of documents that are generated by the City EPA or the State of
Maine related to this Order that are in the custody of any Non-
Performing Respondent This Paragraph does not alter the
document retention requirements of the RIFS Order and the Cost
Recovery Administrative Agreement The City shall instruct its
consultants contractors and agents to preserve all records and
documents in their possession which relate to the performance of
the activities required under this Order At the conclusion of
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 46
this document retention period the Respondents shall notify JlPA
and the Maine DEP at least ninety (90) days prior to the
destruction of any such records or documents The Respondents
shall send such notice accompanied by a copy of this Order to
Office of Regional Counsel US Environmental Protection Agency JFK Federal Building Boston MA 02203 Attention Saco Municipal Landfill Superfund Site Re Administrative Order by Consent for Removal Action
and Wilkes Harper Maine DEP Bureau of Remediation and Waste Management 17 State House Station Augusta ME 04333-0017
Upon request by EPA the Respondents shall deliver to EPA any or
all such non-privileged records and documents or copies of any
such non-privileged records and documents The Settling Parties
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 Parties
assert such a privilege they shall provide the EPA with the
following (l) the title of the document record or
information (2) the date of the document record or
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 47
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 Parties However no documents reports or other
information created or generated to meet the requirements of the
Order shall be withheld on the grounds that they are privileged
If EPA does not elect to take delivery of any records or
documents or copies thereof upon request by the Maine DEP the
Respondents shall deliver the requested records and documents or
copies thereof to the Maine DEP If neither EPA nor the Maine
DEP elect to take delivery of any records documents or copies
within 90 days of notice to EPA and the Maine DEP the
Respondents may destroy such records or documents as noticed
XIX CONFIDENTIALITY CLAIMS
62 The City may assert a confidentiality claim if
appropriate covering all or part of the information requested by
this Order pursuant to 40 CFR sect 2203(b) Such an assertion
shall be adequately substantiated when it is made Neither
analytical data nor any information specified in Section
104(e)(7)(F) of CERCLA shall be claimed as confidential by the
Administrative Order By Consent for Removal Action Sm -o Municipal Landfill Suprfund Site Page 48
City Information in EPAs custody which is determined to be
confidential by EPA shall be afforded the protection specified by
40 CFR Part 2 Subpart B and Section 104(e)(7) of CERCLA
Information in MEDEPs custody which is determined to be
confidential by EPA shall be afforded the protection specified by
40 CFR Part 2 Subpart B to the extent provided by applicable
Maine law If no such claim accompanies the information when it
is submitted to EPA and the Maine DEP it may be made available
to the public by EPA and the Maine DEP without further notice to
the City
XX SITE ACCESS
63 The City shall grant access to the Site to EPA and the
Maine DEP and their officers employees agents contractors
consultants and other authorized representatives for purposes of
implementing and monitoring work to be performed urder this
Order during field activities and at all other reasonable times
64 To the extent access to use or ownership of or
easements over property other than the Site is required for the
proper and complete implementation of this Order the City shall
use i_3 best efforts to obtain site access agreements or other
interests in such property within ninety (90) days after the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 49
Orders effective date or within forty-five (45) days of when
EPA and the Maine DEP determine that such access or other
interests become necessary if EPA and Maine DEP first determine
that such access or other interests are necessary after the
effective date of this Order For purposes of this Paragraph
best efforts include but are not limited to providing
reasonable consideration in exchange for access to or other
interests in property
65 Such written access agreements or other interests
obtained pursuant to the preceding Paragraph shall at a minimum
allow the Citys authorized representatives and EPA and the
Maine DEP and their officers employees agents contractors
consultants and other authorized representatives to enter freely
and move about the property during field activities and at all
other reasonable times in order to implement and oversee the
implementation of the Work under this Order consistent with the
other provisions of this Order In the event that the City fails
to obtain any necessary access agreements or other interests
within the time period specified above the City shall notify EPA
and the Maine DEP in writing within five (5) days thereafter
Such notification shall include a description of the efforts made
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 50
by the City to obtain the necessary access and other interests
and the reason for its lack of success The City shall reimburse
EPA for the costs of any action necessary to obtain access as
Extraordinary Response Costs pursuant to and subject to the terms
of Paragraph 82
XXI ENDANGERMENT AND EMERGENCY RESPONSE
66 Upon the occurrence of any event or change of
conditions during implementation of this Order that causes or
threatens any release of hazardous substances pollutants or
contaminants from the Site that endangers the public health
welfare or the environment the City shall immediately take all
appropriate action to prevent abate or minimize such release or
endangerment The City shall also orally notify the EPA and
Maine DEP RPMs within twenty-four (24) hours or in the event of
the EPA RPMs unavailability shall notify within the same period
the Regional Duty Officer of the Emergency Planning and Response
Branch EPA Region I telephone (617) 223-7265 The City shall
act in accordance with all applicable provisions of the Health
and Safety Plan prepared pursuant to the Statement of Work
67 The City shall submit a written report to EPA and the
Maine DEP within seven (7) days after each such event setting
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 51
forth (i) the events that have occurred (ii) the measures caken
and to be taken to mitigate any harm caused or threatened by the
event and (iii) the measures taken and to be taken to prevent
the recurrence of such an event
68 Regardless of whether or not such a report is made to
EPA if EPA determines after reasonable opportunity for review
and comment by the Maine DEP to the extent time permits that
activities in compliance or noncompliance with this Order have
caused or may cause a release of a hazardous substance pollutant
or contaminant that endangers the public health or welfare or the
environment EPA may (i) order the City to stop further
implementation of this Order for such period of time as may be
needed to abate such release or threat (ii) instruct the City to
undertake any action which EPA determines is necessary to abate
such a release or threat andor (iii) undertake any action not
inconsistent with the NCP which EPA determines is necessary to
abate such a release or threat
69 In the event that EPA takes action at the Site to remedy
such a release threat of release or endangerment the City
shall reimburse EPA for the costs of such action not inconsistent
with the NCP as Extraordinary Response Costs pursuant to and
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 52
subject to the terms of Paragraph 82 In the event of a
disagreement between the City and EPA andor the Maine DEP under
this Paragraph the parties shall resolve such dispute in
accordance with the Dispute Resolution provisions in Section
XXIX
XXII ADDITIONAL RESPONSE ACTIONS
70 EPA after reasonable opportunity for review and
comment by the Maine DEP may determine that additional response
actions are necessary to carry out the Removal Action or to meet
the performance standards specified in the Action Memorandum and
the SOW Within 30 days of the Citys receipt of notice from EPA
that additional response actions are necessary (or such longer
time as may be specified by EPA) the City shall submit for EPA
approval after reasonable opportunity for review and comment by
the Maine DEP a work plan for the additional response actions
The plan shall conform to this Order the SOW CERCLA the NCP
and guidance documents identified by EPA Upon EPA approval of
the work plan pursuant to Section XIV (Deliverables Submitted to
EPA) the City shall implement the work plan for additional
response actions in accordance with the schedule contained
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 53
therein All applicable provisions of this Order shall apply to
the performance of additional response actions
71 The City may independently propose that additional
response actions are necessary to carry out the Removal Action or
to meet the performance standards specified in the Action
Memorandum and the SOW In the event EPA after reasonable
opportunity for review and comment by the Maine DEP accepts the
Citys proposal the procedures in the preceding Paragraph shall
govern
72 The City may invoke the procedures set forth in Section
XXIX (Dispute Resolution) to dispute EPAs determination that
additional response actions are necessary to carry out the
Removal Action or to meet the performance standards specified in
the SOW
XXIII OFF-SITE POLICY
73 All hazardous substances pollutants or contaminants
removed off-site pursuant to this Order for treatment storage
or disposal shall be treated stored or disposed of at a
facility in compliance with Section 121(d)(3) of CERCLA as
determined by EPA in accordance with 40 CFR sect 300440 The
removal treatment storage and disposal of all hazardous
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 54
substances pollutants or contaminants she- be in accordancj
with the Maine hazardous waste transportation law to the extent
applicable and all other applicable Maine law
74 The City shall prior to any off-site shipment of
hazardous substances pollutants or contaminants from the Site
pursuant to this Order to an out-of-state waste management
facility provide written notification of such shipment to the
appropriate state environmental official in the receiving
facilitys state and to the EPA RPM and the Maine DEP 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 or where the Maine Hazardous Waste
Management Regulations do not require notification
75 The City shall include in the written notification the
following information (1) the name and location of the facility
to which the hazardous substances pollutants or contaminants
are to be shipped (2) the type and quantity of the hazardous
substances pollutants or contaminants to be shipped (3) the
expected schedule for the shipment and (4) the method of
transportation The City shall notify the state in which the
planned receiving facility is locat d of major changes in the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 55
shipment plan such as a decision to ship the hazardous
substances pollutants or contaminants to another facility within
the same state or to a facility in another state
XXIV OTHER APPLICABLE LAWS
76 Except as otherwise provided pursuant to the next
Paragraph and Section 121(e) of CERCLA all activities undertaken
by the City pursuant to this Order shall be performed in
accordance with the requirements of all applicable federal and
state laws and regulations
77 Solely with regard to on-site activities and in
accordance with 40 CFR sect 300415(i) such activities
undertaken on the Site by the City pursuant to this Order shall
attain applicable or relevant and appropriate requirements
(ARARs) under federal and state environmental laws to the
extent practicable considering the exigencies of the situation
as determined by EPA EPA has determined that the ARARs
specified in the Action Memorandum are practicable to attain for
construction of the landfill cap and sediment removal
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 56
XXV COMMUNITY RELATIONS
78 EPA shall be responsible for preparing a Community
Relations Plan and conducting a community relations program The
City and the Consultant engaged to conduct the Removal Action
under this Order shall consistent with the Community Relations
Plan (i) attend and participate in public meetings regarding
the Site to the extent specified by the RPM (ii) prepare fact
sheets concerning the Site and activities conducted under this
Order for submission to the RPM and (iii) provide timely and
appropriate responses to inquiries from the public at the request
of the RPM
XXVI FINANCIAL ASSURANCE INSURANCE
79 Within thirty (30) days after the effective date of
this Order and annually thereafter until EPA approval of the
Final Completion of Removal Action Report the City shall
demonstrate in writing to EPA that it meets one (1) of the
financial assurance mechanisms specified in 40 CFR sect 264143
for the estimated $60 million cost of work to be performed by
the City under this Order If the City can show that the
estimated cost to complete the remaining Work has diminished
below the total estimated cost of the Work the City may on any
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 57
anniversary date of the effective date of this Order or at any
other time agreed to by the Parties reduce the amount of the
financial assurance provided under this Section to the estimated
cost of the remaining Work to be performed The City shall
submit a proposal for such reduction to EPA and the Maine DEP in
accordance with the requirements of this Section and may reduce
the amount of the assurance upon approval by EPA after reasonable
opportunity for review and comment by the Maine DEP In the
event of a dispute the City may reduce the amount of the
assurance in accordance with the final administrative decision
resolving the dispute under the Dispute Resolution Section
80 At least seven (7) days prior to commencing any on-site
work under this Order the City shall secure through itself or
its consultant and shall maintain for the duration of this
Order comprehensive general liability and automobile insurance
with limits of two (2) million dollars combined single limit
The United States and the Maine DEP shall each be named as an
additional insured for all such insurance policies except
automobile insurance policies Within the same time period the
City shall provide EPA and the Maine DEP with certificates of
such insurance and a copy of each insurance policy If the City
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 58
demonstrates to EPA that any Consultant contractor or
subcontractor maintains insurance equivalent to that described
above or insurance covering the same risks but in a lesser amount
and with EPA and the Maine DEP named as insureds then the City
need provide only that portion of the insurance described above
which is not maintained by the Consultant contractor or
subcontractor
81 For the duration of this Order the City shall satisfy
or shall ensure that its Consultant contractors and
subcontractors satisfy all applicable laws and regulations
regarding workers compensation insurance for all persons
performing the Work on behalf of the City in furtherance of this
Order
XXVII REIMBURSEMENT OF EPA EXTRAORDINARY RESPONSE COSTS
82 The City shall reimburse the Hazardous Substances
Superfund for all Extraordinary Response Costs not inconsistent
with the NCP including interest incurred after the effective
date of this Order by the United States in connection with the
Removal Action or the implementation of this Order pursuant to
Paragraphs 52d 65 69 102 and 104 including without
limitation Extraordinary Response Costs incurred by EPA under or
Administrative Order By Connent for Removal Action Saco Municipal Landfill Superfund Site Page 59
in connection with a contract or arrangement between EPA and a
qualified person to assist EPA in conducting activities required
under this Order pursuant to Paragraphs 52d 65 69 102 and
104 Reimbursable Extraordinary Response Costs shall include all
direct costs related to Paragraphs 52d 65 69 102 and 104 and
all indirect costs related to Paragraphs 52d 65 69 102 and
104 calculated in accordance with EPA policy or EPA regulations
in effect at the time that the costs are incurred including
without limitation time and travel costs of EPA personnel
contractor costs costs under a cooperative agreement costs
related to resolving disputes which arise under this Order
related to Work performed by EPA pursuant to Paragraphs 52d 65
69 102 and 104 enforcing obligations arising from EPAs
performance of Work pursuant to Paragraphs 52d 65 69 102 and
104 of this Order the costs of doing andor redoing any of the
Citys obligations under this Order with respect to Paragraphs
52d 65 69 and 102 of this Order EPA contractor and
cooperative agreement costs related to access and community
relations with respect to Paragraphs 52d 65 69 102 and 104
of this Order and any interest that accrues from the date on
which payment becomes due pursuant to the next Paragraph
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 60
83 On an annual basis EPA will submit to the City an
accounting of costs related to this Order that EPA has incurred
and a bill for Extraordinary Response Costs incurred by EPA with
respect to Paragraphs 52d 65 69 102 and 104 of this Order if
EPA has incurred any such costs This bill will consist of a
line-item summary of costs incurred during the preceding year
the summary will include a breakdown of costs by category
including without limitation payroll travel indirect costs and
contracts and a brief narrative of work related to such costs
(generally one to two paragraphs in length) The City shall
within thirty (30) days after receipt of each such bill remit a
certified check payable to the Hazardous Substances Superfund for
the amount of such bill The City shall include the name of the
Site the Site identification number (01-B9) and the docket
number for this Order on the check and mail the check with a
cover letter to
US Environmental Protection Agency Region I
Attn Superfund Accounting PO Box 360197 M
Pittsburgh PA 15251
A copy of the transmittal letter and the check shall be provided
simultaneously to the EPA Remedial Project Manager
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 61
84 If the City disputes a bill or any portion of a bio1
submitted by EPA the City may initiate dispute resolution
pursuant to the procedures of Section XXIX provided however
that the City notify EPA in writing within thirty (30) days after
receipt of the disputed bill and that the City pay all undisputed
portions of the bill in accordance with the provisions of this
Reimbursement Section Unless a determination is made under
dispute resolution that the City is not obligated to pay the
disputed portion of the bill the time for payment of the
disputed portion shall remain the original payment due date
interest shall accrue on any unpaid portion of the bill from the
original payment due date and EPA may seek stipulated penalties
or otherwise act to enforce the Citys compliance with this
Section and the Order If the City fails to raise a dispute
within thirty (30) days of its receipt of the bill the City
remains obligated for payment of the entire amount of the bill on
the original payment due date interest shall accrue on any
unpaid portion of the bill from the original payment due date
and EPA may seek stipulated penalties or otherwise act to enforce
the Citys compliance with this Section and the Order
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 62
XXVIII FORCE MAJEPRE
85 With respect to the Citys compliance with any deadline
for performance of activities under this Order any interim or
final time deadline or any Deliverables schedule set forth in
this Order or SOW no stipulated penalties or other sanctions
will be imposed for delay directly caused by the following events
which could not have been overcome by the Citys due diligence
(i) an act of God or (ii) the public review and comment process
as described in or required by Sections XXII (Additional Response
Actions) or Section XXV (Community Relations) of this Order so
long as the City timely submits all deliverables and meets other
requirements related to those Sections or (iii) any other event
arising from causes beyond the control of the ity including its
consultants contractors and agents However increases in the
cost of performance of the Removal Action shall not excuse
compliance or affect the applicability of the penalty provisions
or other sanctions which are provided for under this Order
Deadlines for performance of activities under this Order
including interim or final time deadlines and Deliverables
schedules set forth in this Order or SOW may be extended only to
the extent that delays caused by conditions specified in (i)
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 63
(ii) and (iii) above materially interfered with or prevented the
Citys execution of its responsibilities during the period of
such delay and no penalties or sanctions will become due for
activities which meet any deadline so extended The City further
agrees to use its most diligent efforts to minimize any delay
which may result The City acknowledges that it will have the
burden of justifying the rationale for delay in performance under
this Section
86 The City shall orally notify the EPA RPM and the Maine
DEP within forty-eight (48) hours of when the City first knew
that the event might cause a delay and shall identify with
specificity the cause of such delay and the estimated duration of
such delay Within seven (7) days after the City first becomes
aware that such event might cause a delay the City shall supply
to EPA and the Maine DEP in writing an explanation of the
cause(s) of any actual or expected delay or noncompliance the
anticipated duration of any delay the measures taken and to be
taken by the City to prevent or minimize the delay or correct the
noncompliance and the timetable for implementation of such
measures Failure to notify EPA and the Maine DEP shall result
in a waiver of the Citys right to assert that the delay should
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 64
be excused under the terms of this Section for the period of time
of such failure to notify and for any additional delay caused by
such failure The City shall be deemed to know of any
circumstance of which the City any entity controlled by the
City or the Citys contractors or subcontractors knew or should
have known In the event of a disagreement under this Section
the parties shall resolve such disagreement in accordance with
the Dispute Resolution Section of this Order Section XXIX
87 If EPA after reasonable opportunity for review and
comment by the Maine DEP determines that a delay in performance
of a requirement under this Order is or was attributable to an
event specified in (i) through (iii) of Paragraph 85 above the
time period for performance of that requirement shall be extended
by EPA to the extent necessary Such an extension shall not
alter the Citys obligation to perform or complete other tasks
required by the Order which are not directly affected by the
force majeure event If EPA after a reasonable opportunity for
review and comment by the Maine DEP does not agree that the
delay or anticipated delay has been or will be caused by such
an event EPA will notify the City in writing of its decision
If EPA after a reasonable opportunity for review and comments by
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 65
the Maine DEP agrees that the delay is attributable to such an
event EPA will notify the City in writing of the length of the
extension if any for performance of the obligations affected by
the event
XXIX DISPUTE RESOLUTION
88 If the City objects to any EPA notice of disapproval or
decision made pursuant to this Order including any decision
which has resulted in the assessn it of stipulated penalties any
scheduling matter or in the event of circumstances that arise
that are subject to the Citys right to invoke Dispute Resolution
elsewhere in this Order or in the Cost Recovery Administrative
Agreement the City shall notify EPA and the Maine DEP in writing
of its objections within five (5) days of receipt of the notice
decision or other circumstance EPA in consultation with the
Maine DEP and the City shall communicate on the disputed matter
and shall have fourteen (14) days from the receipt by EPA and the
Maine DEP of the notification of objection to reach agreement
If agreement cannot be reached on any issue within this fourteen
(14) day period the City shall have five (5) additional days to
submit its position in writing to the EPA Director of OSRR The
Director of OSRR after reasonable opportunity for review and
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 66
comment by the Maine DEP shall provide a written determination
to the City within five (5) days of receipt of that
determination unless EPA agrees to a later time the City shall
initiate implementation of the activities required by the EPA in
accordance with the schedule provided by EPA which schedule
shall be subject to Dispute Resolution unless it has already
been or could have been subject to Dispute Resolution Except
as specifically provided herein dispute resolution among the
parties shall not be cause for the delay of the Work In
addition stipulated penalties as set out below if applicable
will continue to accrue during the dispute resolution period
except as provided in Paragraphs 94 and 95 No EPA decision made
pursuant to this Paragraph shall constitute a final Agency action
giving rise to judicial review
89 In the event that the City does not implement the
activities required by the EPA determination pursuant to
Paragraph 88 EPA or the Maine DEP may take such enforcement
actions against the City as may be provided by statutory or
equitable authorities including but not limited to the
assessment of such civil penalties or damages as are authorized
by Sections 122 and 109 of CERCLA and Maine law
Administrative Order By Conaent for Removal Action Saco Municipal Landfill Superpoundund Site Page 67
XXX STIPULATED
90 The Respondents shall be liable to EPA and MEDEP for
stipulated penalties in the amounts set forth in this Section for
failure to comply with the requirements of this Order andor the
SOW unless compliance is excused by EPA under Section XXVIII
(Force Majeure) Compliance by the City shall include but not
be limited to the timely and adequate submission of Deliverables
and performance of activities under this Order in accordance with
all applicable requirements of law this Order the SOW and any
Deliverables which have received EPA Approval or the Performing
Respondents Certification pursuant to this Order Compliance
by the Non- Per forming Respondents shall mean timely compliance
with Paragraph 96 of this Order
91 The following stipulated penalties shall be payable per
violation per day to EPA and MEDEP jointly in accordance with
Paragraph 94 for any noncompliance except those identified in
Paragraphs 92 or 93
Penalty Pet Violation Period of Noncompliance Per Day _
$ 750 1st through 14th day $ 1500 15th through 30th day $ 3000 31st day and beyond
Administrative Order By Concent for Removal Action Saco Municipal Landfill Superfund Site Page 66
92 The following stipulated penalties shall be payable per
violation per day to EPA and the MEDEP jointly in accordance with
Paragraph 94 for the submission or resubmission of an untimely or
substantially defective 100 NTCRA Design or an untimely or
substantially defective Final Completion of Removal Action Report
pursuant to the SOW
Penalty Per Violation Period of Toncompliance Per Day
$ 1500 1st through 14th days $ 3000 15th day through 30th day $ 5000 31st day and beyond
93 In the event that the City fails to submit timely or
adequate progress reports or meeting letter reports pursuant to
the SOW the City shall be liable to EPA and MEDEP jointly in
accordance with Paragraph 94 for stipulated penalties of $500
(five hundred dollars) per violation per day
94 Penalties shall begin to accrue on the day after
performance 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 except that
stipulated penalties shall not accrue (1) with respect to any
Disapproval with Modification Required or Disapproval with EPA
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 69
Modification under Section XIV of this Order during the period
if any beginning on the 31st day after EPAs receipt of such
submission until the date that EPA notifies the City of any
deficiency (2) with respect to a decision by the Director of the
Office of Site Remediation and Restoration under Section XXIX of
this Order during the period if any beginning on the 21st day
after the date the Citys reply to EPAs Statement of Position is
due until the date the Director issues a final decision regarding
such dispute and (3) beyond thirty days after the Director of
the Office of Site Remediation and Restoration issues a final
decision regarding a dispute about a Deliverable Disapproved with
EPA Modification pursuant to Paragraph 52d Any penalty
otherwise accruing under Paragraphs 91 92 or 93 shall be due and
payable within thirty (30) days of the receipt of a written
demand by EPA or the Maine DEP except as provided in aragraph
95 In assessing stipulated penalties for delay caused by a
negative referendum vote on future funding necessary for timely
compliance with this Order EPA and Maine DEP shall weigh all
considerations including the length of the delay caused by the
vote and efforts by City officials to inform the voters about
the need for funding- provided however that a negative
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 70
referendum vote on funding necessary for timely compliance with
this Order shall not affect the Citys obligations to comply with
this Order or any schedule contained herein Stipulated
penalties shall be divided between EPA and the Maine DEP in the
following manner 75 for EPA and 25 for the Maine DEP
Payment of EPAs portion of such penalty shall be made by
certified check payable to the Hazardous Substances Superfund
and mailed to the following address with a notation of the docket
number of this Order
Region I US Environmental Protection Agency
Attn Superfund Accounting PO Box 360197 M
Pittsburgh PA 15251
A copy of the certified check to EPA shall be sent to the
Remedial Project Manager within five (5) days of payment
Payment of the Maine DEPs portion of such penalty shall be made
by certified check payable to the Maine Uncontrolled Sites Fund
and mailed to the following address
Director Division of Sites Investigation amp Remediation Maine DEP
State House Station 17 Augusta ME 04333
Administrative Order By Concent for Removal Action Saco Municipal Landfill Superfund Site Page 71
A copy of the certified check to the Maine DEP shall be sent to
the Maine DEP Project Manager within five (5) days of payment
The stipulated penalties set forth in this Section do not
preclude EPA or the Maine DEP from electing to pursue any other
remedies or sanctions which may be available to EPA or the Maine
DEP by reason of the Respondents failure or refusal to comply
with any requirement of this Order Such remedies and sanctions
include without limitation injunctive relief the assessment of
such civil penalties or damages as are authorized by Sections 122
and 109 of CERCLA or state law or the performance of a
federally-funded response action or state-funded response action
and a corresponding suit for reimbursement of costs incurred by
the United States or the State of Maine Notwithstanding any
other provision of this Section EPA may in its unreviewable
discretion waive any portion of stipulated penalties that have
accrued pursuant to this Order
95 If the City invokes dispute resolution regarding any
decision which has resulted in the assessment of stipulated
penalties stipulated penalties shall continue to accrue during
the dispute resolution process except as otherwise provided in
this Order Within thirty (30) days after receipt of the EPA
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 72
determination rendered pursuant to Paragraph 88 in which EPA
prevails in whole or in part the City shall pay pursuant to
Paragraph 94 the stipulated penalties arising from those matters
on which the City does not prevail At that time the City shall
also pay interest on any stipulated penalties which had accrued
up to the day the City invoked Dispute Resolution If the City
prevails on the disputed matter then no stipulated penalties are
due
XXXI PAYMENT BY NON-PERFORMING PARTIES
96 By May 30 1997 each Non-Performing Respondent shall
pay its individual share of the total sum of $97050000 into a
qualifying settlement fund for the City to use to undertake
response activities related to the Site Payment shall be made
by certified check payable to KeyBank National Assoc (Attn
Leon J Bien) Escrow Agent and mailed with a transmittal letter
to the following address
KeyBank National Association Escrow Agent One Canal Plaza Portland Maine 04101
Attn Mr Leon J Bien
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 73
Non-Performing Respondents shall provide notice of such payment
to EPA by mailing a copy of the transmittal letter and check to
the EPA RPM at the address set forth in Section XI of this Order
XXXII CIVIL PENALTIES FOR NONCOMPLIANCEENFORCEMENT
97 The City is advised that violations of this Order or
any portion thereof may subject it to civil penalties of up to
$25000 per violation and $25000 for each day in which such
violation continues as provided in Sections 106(b)(1) 109 and
122 of CERCLA 42 USC sectsect 9606(b)(l) 9609 and 9622 The City
may also be subject to damages in an amount up to three times the
amount of any cost incurred by the United States as provided in
Section 107(c)(3) of CERCLA 42 USC sect 9607(c)(3) Violations
of this Order also may subject the City to civil penalties
injunctive actions and cost reimbursement under Maine law
including without limitation 38 MRSA Sections 347-A 348
349 1365 1366 and 1367 (1989 and Supp 1997)
XXXIII COVENANT NOT TO SUE DENIAL OF LIABILITY
98A In consideration of the actions that will be
performed and the payments that will be made by the Respondents
under the terms of this Order and except as specifically
provided in Section XXXV of this Order EPA covenants not to sue
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 74
or to take administrative action against the Respondents pursuant
to Sections 106 and 107(a) of CERCLA or Section 7003 of RCRA for
the Work this Order including performance of the Removal
Action and for recovery of all Extraordinary Response Costs
associated with this Order incurred by EPA and paid by the City
With respect to the City these covenants not to sue shall i)
take effect for Work completed prior to EPAs approval of the
Completion of Removal Action Report upon notification by EPA that
the City has completed all construction activities required under
this Order and the City has submitted and EPA has approved the
Completion of Removal Action Report and ii) take effect for Work
completed after EPAs approval of the Completion of Removal
Action Report upon notification by EPA that the City has
completed all actions required under this Order (including all
Post-Removal Site Control and reimbursement of Extraordinary
Response Costs) These covenants not to sue shall take effect
with respect to the Non-Performing Respondents upon notification
by the Non-Performing Respondents that they have complied with
Paragraph 96 of this Order These covenants not to sue are
conditioned upon the satisfactory performance by the Respondents
of their respective obligations under this Order These
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 75
covenants not to sue extend only to the Respondents and do not
extend to any other person Under this Order Respondents are
not released from liability if any for any actions taken beyond
the terms of this Order regarding other removal actions remedial
investigationfeasibility studies related to any other operable
unit remedial designremedial action related to any other
operable unit operation and maintenance of any other remedial
action or activities arising pursuant to Section 121(c) of
CERCLA 42 USC sect 9621(c)
B In consideration of the actions that will be performed
and the payments that will be made by the Respondents under the
terms of this Order and except as specifically provided in
Section XXXV of this Order the State of Maine covenants not to
sue or to take administrative action against the Respondents
pursuant to Section 107(a) Of CERCLA 38 MRSA Sections 1304
and 1365 (1989 and Supp 1997) and other applicable state law
including common law for the Work this Order including
performance of the Removal Action the RIFS Order and the
activities thereunder and for recovery of all response costs
associated with this Order fully addressed by an EPA cooperative
agreement and any grants or payments made by the State to the
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Superfund Site Page 76
City to reimburse the City for landfill capping costs and
including all activities required to be performed and costs
related thereto under Prior MEDEP Orders and Consent Decrees to
the extent that they are inconsistent with this Order and any
such Prior MEDEP Orders and Consent Decrees are hereby superseded
to the extent that they are inconsistent with this Order With
respect to the City these covenants not to sue shall i) take
effect for Work completed prior to EPAs approval of the
Completion of Removal Action Report upon notification by EPA that
the City has completed all construction activities required under
this Order and the City has submitted and EPA has approved the
Completion of Removal Action Report and ii) take effect for Work
completed after EPAs approval of the Completion of Removal
Action Report upon notification by EPA that the City has
completed all actions required under this Order (including all
Post-Removal Site Control and reimbursement of Extraordinary
Response Costs) These covenants not to sue shall take effect
with respect to the Non-Performing Respondents upon notification
by the Non-Performing Respondents that they have complied with
Paragraph 96 of this Order These covenants not to sue are
conditioned upon the satisfactory performance by the Respondents
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Superfund Site Page 77
of their respective obligations under this Order These
covenants not to sue extend only to the Respondents and do not
extend to any other person Under this Order Respondents are
not released from liability if any for any actions taken beyond
the terms of this Order regarding other removal actions remedial
investigationfeasibility studies related to any other operable
unit remedial designremedial action related to any other
operable unit or operation and maintenance of any other remedial
action
99 The execution of this Order and Respondents
participation herein is not an admission by the Respondents of
liability with respect to any issue dealt with in this Order nor
is it an admission by the Respondents of any Finding of Fact
Conclusion of Law or Determination contained in this Order
Furthermore the participation of Respondents in this Order shall
not be considered an admission of liability and is not admissible
in evidence against the Respondents in any judicial or
administrative proceeding other than (a) a proceeding by the
United States including EPA or the State of Maine including
the Maine DEP to enforce this Order or a judgment relating to
it or (b) a proceeding to enforce any agreement between the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 78
Performing Respondent and Non-Performing Respondents regarding
the Site or to enforce a judgment related to such agreement
XXXIV CONTRIBUTION PROTECTION
100 With regard to claims for contribution against the
Respondents the Parties hereto agree that the Respondents are
entitled to such protection from contribution actions or claims
as is provided by Section 113(f)(2) of CERCLA 42 USC
sect 9613 (f) (2) and 38 MRSA sect 348(4) for all matters
addressed by this Order The matters addressed are Past
Response Costs RIFS Response Costs Response Costs Oversight
Costs Extraordinary Response Costs all costs incurred by the
State of Maine related to Prior MEDEP Orders and Consent Decrees
for which reimbursement may be sought payments pursuant to
Paragraph 96 and Work The Parties agree that the Respondents
are entitled to such protection upon the effective date of this
Order Nothing in this Order precludes the United States the
Maine DEP or Respondents from asserting any claims causes of
action or demands against any persons not parties to this Order
for indemnification contribution or cost recovery
XXXV EPAS AND THE STATES RESERVATION OF RIGHTS
101 A The covenants not to sue set forth in Section
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 79
XXXIII do not pertain to any matters other r n these expressly
specified in that Section EPA reserves and this Order is
without prejudice to all rights against each Respondent with
respect to all other matters including but not limited to the
following
a claims based on a failure by any Respondent to meet any
requirement specified for that Respondent under this Ordershy
b liability arising from the past present or future
disposal release or threat of release of hazardous
substances pollutants or contaminants outside of the Site
c liability arising from future disposal at the Site other
than as provided in the Action Memorandum or this Order or
otherwise ordered by EPA
d liability for damages for injury to destruction of or
loss of natural resourcesshy
e liability for response costs that have been or may be
incurred by the National Oceanic and Atmospheric
Administration and the Department of the Interiorshy
f criminal liability
g liability for violations of federal or state law which
occur during or after implementation of the Removal Actionshy
Administrative Order By Conaent for Removal Action Saco Municipal Landfill Superfund Site Page 80
h liability for response costs incurred at the Site which
are not addressed by Section XXVII of this Order
(Reimbursement of EPA Extraordinary Response Costs) or by
the Cost Recovery Administrative Agreement (Docket No
CERCLA 1-97-1010) and
i liability for response actions at the Site that are not
required to be performed by the City pursuant to this Order
B The covenants not to sue set forth in Section XXXIII do not
pertain to any matters other than those expressly specified in
that Section The State of Maine reserves and this Order is
without prejudice to all rights against the Respondents with
respect to all other matters including but not limited to the
following
a claims based on a failure by any Respondent to meet any
requirement specified for that Respondent under this Order
b liability arising from the past present or future
disposal release or threat of release of hazardous
substances pollutants or contaminants outside of the Siteshy
c liability for damages for injury to destruction of or
loss of natural resources
d criminal liabilityshy
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 81
e liability for violations of federal or state law wh^ch
occur during or after implementation of the Removal Action
g liability for Oversight Costs incurred by the State at
the Site to the extent that they are not fully addressed by
future cooperative agreements between EPA and MEDEP and
h liability for response actions at the Site that are not
required to be performed by the City pursuant to this Order
102 EPA retains the right to undertake any obligations of
the City under this Order provided that EPA has determined that
one of the following conditions has been met the City has ceased
implementation of any portion of the Work is seriously or
repeatedly deficient or late in their performance of the Work
has failed to comply with this Order or is implementing the Work
in a manner which may cause an endangerment to human health or
the environment If EPA undertakes any obligations under this
Order pursuant to this Paragraph including implementation of
institutional controls the City must reimburse EPA for all costs
incurred as a result of the takeover that are consistent with the
NCP as Extraordinary Response Costs The City may invoke the
procedures set forth in Section XXIX (Dispute Resolution) to
dispute EPAs determination that takeover of the obligations of
Administrative Order By Consent for Removal Action Slaquoco Municipal Landfill Superfund Site Page 82
the City under this Order is warranted or that the costs incurred
were consistent with the NCP
103 Notwithstanding any other provision of this Order
except as set forth in Section XXXIII (Covenant not to Sue) EPA
and the State of Maine shall retain all of their response
information gathering entry inspection and enforcement
authorities and rights under CERCLA and under any other
applicable law regulation or permit
104 The City shall reimburse EPA for costs incurred by the
United States to enforce this Order or the Cost Recovery
Administrative Agreement as Extraordinary Response Costs in
accordance with the reimbursement procedures provided by Section
XXVII (Reimbursement of Extraordinary Response Costs)
XXXVI RESPONDENTS COVENANT NOT TO SUE
105 Covenant Not to Sue Subject to the reservations in
Paragraphs 106 and 107 Respondents hereby covenant not to sue
and agree not to assert any claims or causes of action against
the United States or the State including any department agency
or instrumentality of the United States or State with respect to
this Order including but not limited to
a any direct or indirect claim for reimbursement from
Administrative Order By Conaent for Removal Action Saco Municipal Landfill Superfund Site Page 83
the Hazardous Substance Superfund (established pursuant to the
Internal Revenue Code 26 USC sect 9507) through CERCLA Sections
106(b)(2) 107 111 112 113 or any other provision of law
b any claims under CERCLA Sections 107 or 113 related
to this Order
c any claims for payment under sections 106(b) 111
and 112 of CERCLA the Constitution of the United States the
Tucker Act 28 USC sect 1491 or at common law against the State
EPA or the Hazardous Substance Superfund arising out of any
action performed under this Order any related access matters
and related institutional controls or
d any claims arising out of response activities in
connection with this Order including claims based on EPAs and
the States selection of response actions oversight of response
activities or approval of plans for such activities
XXXVII RESPONDENTS RESERVATION OF RIGHTS
106 The Respondents reserve and this Order 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 wrongful act or
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 84
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 USC sect 2671 nor
shall any such claim include a claim based on EPAs selection of
response actions or the oversight or approval of the
Respondents plans or activities The foregoing applies only to
claims which are brought pursuant to any stat- -e other than
CERCLA and for which the waiver of sovereign immunity is found in
a statute other than CERCLA
107 Except as set forth in this Order the Respondents
expressly reserve all rights and defenses that each or any of
them may have in law or in equity for any claims or causes of
action it may have against any party including the United States
and the State and their respective agencies departments and
instrumentalities Any claims not expressly waived by the
Respondents shall be deemed reserved Notwithstanding any
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 85
obligations in this Order requiring the Respondents to make any
records documents or any other materials available to EPA
nothing herein shall be construed to be a waiver of any rights
Respondents may have to assert the attorney-client privilege or
the attorney work product doctrine as to those materials except
where such materials contain information specified in section
104(e)(6)(F) of CERCLA 42 USC sect 9604(e)(6)(F)
XXXVIII OTHER CLAIMS
108 Except as expressly provided in Section XXXIII
(Covenant Not to Sue) nothing in this Order constitutes a
satisfaction of or a release from any claim or cause of action
against the Respondents or any person not a party to this Order
for any liability such person may have under CERCLA other
statutes or the common law including but not limited to any
claims of the EPA for costs damages and interest under sections
106(a) and 107(a) of CERCLA This Order does not constitute a
preauthorization of funds under section 111(a)(2) of CERCLA No
action or decision by EPA pursuant to this Order shall give rise
to any right to judicial review except as set forth in section
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 86
113(h) of CERCLA
XXXIX INDEMNIFICATION
109 The United States and the State do not assume any
liability by entering into this Order or without limitation by
virtue of any designation of the City as EPAs authorized
representative under section 104(e) of CERCLA 42 USC
sect 9604(e) The City agrees to indemnify and save and hold
harmless the United States Government the State of Maine and
their agencies departments agents officers employees and
representatives from any and all claims or causes of action
arising from or on account of negligent acts or omissions of the
City its officers employees agents servants receivers
successors trustees assignees or contractors in carrying out
the activities pursuant to this Order including but not limited
to any claims arising from any designation of the City as EPAs
authorized representative under section 104 (e) of CERCLA 42
USC sect 9604(e) Neither the United States nor the State shall
be held out as a party to or in any other way be held liable
under any contract entered into by the City or by the Consultant
or any contractor in carrying out the activities pursuant to this
Order Neither the City nor any such Consultant or contractor
Administrative Ordr By Consent for Removal Action Saco Municipal Landfill Suprfund Sit Fag 87
shall be considered an agent of the United States or the State
Notwithstanding any of the above this agreement to indemnify and
hold harmless does not include claims or causes of action arising
from or on account of acts or omissions of the United States and
its agencies departments agents officers employees and
representatives
XXXX WAIVER OF SETTLEMENT CONFERENCE
110 In consideration of the communications among the
Respondents and EPA regarding the terms of this Order prior to
its issuance the Respondents hereby agree that there is no need
for a settlement conference prior to the effective date of this
Order
XXXXI MODIFICATION OF ORDER
111 This Order with the exception of the Statement of Work
(Appendix B) or attachments or Deliverables thereunder may only
be modified upon the written agreement of EPA by signature of the
Director of the Office of Site Remediation and Restoration the
Maine DEPs Director of the Bureau of Remediation and Waste
Management and an authorized officer of each of the Respondents
The Statement of Work any attachments thereto or any accepted
Deliverables may be modified upon signature of the EPA Geographic
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 88
Section Chie subject to the Citys right to invoke Dispute
Resolution
XXXXII SEPARATE DOCUMENTS
112 This Order may be executed in two or more counterparts
each of which shall be deemed an original but all of which
together shall constitute one and the same instrument
XXXXIII EFFECTIVE DATE
113 This Order shall be effective five (5) days after the
City receives notice that the Director of the Office of Site
Remediation and Restoration has signed the Order All times for
performance of activities under this Order shall be
calculated from the effective date
XXXXIV TERMINATION
114 Prior to but no later than 180 days after the
effective date of this Order the City or EPA may terminate this
Order if the Cost Recovery Administrative Agreement is not
effective within ninety (90) days of the effective date of this
Order Notwithstanding this Paragraph the City shall complete
at least ninety-five percent (95) of the final design of the
Removal Action
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 89
IT IS SO AGREED AND ORDERED BY
Al bull Linda M Murphy D i r c to r Dat Office of Site Remediation and Restoration EPA Region I
Administrative Order By Consent for Removal Action Saco Municipal landfill Superfund Site Page 90
The undersigned representatives of the Respondents certify that they are fully authorized to enter into the terms and conditions of this Order and bind the parties they represent to this document
ROBUS LEATHER CORPORATION FKA GEORGE NEWMAN amp COMPANY SUCCESSOR BY LAW TO BIDDEFORD INDUSTRIES INC
By Thomas Robinson President and Ghiof FinancialmdashOffaooy f Robus Leather Corporation 1100 W Hutchinson Lane Madison IN 47250 Tel (812) 273-4183
TO 833388888888881 P0309 MPY 27 97 16=01 FR HflLE RND DORR LuF DC
Administrative Ordar By Consent for Removal Saco Municipal Landfill Suparfund Site Pag 91
CL HAUTHAWAY amp SONS CORPORATION
By Leppoldo ampJohnson Date CL Hautna ay amp Sons Corp 638 Summer Street Lynn MA 01905-2092
fa
Administrative Order By Consent for Removal Action Saoo Municipal Landfill Superfund Site Page 92
GABRIEL ELECTRONICS INC
By
Frank E Gemme Date President Gabriel Electronics Incorporated Libby Road PO Box 70 Scarborough ME 04070 Tel (207) 883-5161
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 93
LITTON INDUSTRIES INC
By Camp^tf-Jtae^^c^S
Carol WiesnerVice President and Controller Litton Industries Inc 21240 Burbank Boulevard Woodland Hills California 91367 Tel (818) 598-5246
May 27 1997
Date
Adni-tniBtrativc Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 94
LYN-FLEX INDUSTRIES AN UNINCORPORATED DIVISION OF DER-TEX CORPORATION
By gt 1997
Jerome Linder Date President Der-Tex Corporation 360 Merritnack Street Lawrence Massachusetts 01843 Tel (508) 686-0154
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 95
MILLIPORE CORPORATION
By At Jef frpoundy Ttyidin EsqVice President and General Counsel Millipore Corporation 80 Ashby Road Bedford MA 01730 Tel (617) 533-2044
May 21 1997 Date
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 96
NIKE INC
Coburn Date eheral Counsel Nike Inc 1 Bowerman Drive Beavertotm OR 97005-6453 Tel 503shy
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 97
ZENECA INC
61097
Glenn M Engelmann Date Vice President General Counsel and Secretary Zeneca Inc Successor to Polyvinyl Chemicals Inc
Addrespoundeneca Inc Successor to Polyvinyl Chemicals Inc
1800 Concord Pike PO Box 15438
Wilmlngotn PR
Tel(302) 886-3244
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 98
SACO DEFENSE INC
By j i e s R V i e g Date Vice Chairman Saco Defense Inc 291 North Street Saco Maine 04072 Tel (270) 283-3611
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 99
CHAMPION INTERNATIONAL CORPORATION
pound By x^gt^^w^ (- (^W^ lt May 27 1997
Stephen B Brown Date ampAVice President and General Counsel
Champion International Corporation One Champion Plaza Stamford Connecticut 06921 Tel (203) 358-6476
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 100
BEMIS COMPANY INC
By -^^lt^^^ 52297 Richard Pry^r Date Corporate Risk Manager Bemis Company Inc 222 South 9th Street Suite 2300 Minneapolis Minnesota 55402-4099 Tel (612) 376-3085
Administrative Order By Consent for Removal Action Saco Municipal Landfill Suporfund Site Page 101
CITY OF SACO MAINE
A Larry Mtcl(ell Dgfte City Administrator City of Saco 300 Main Street Saco Maine 04072 Tel (207) 282-4191
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 102
STATE OF MAINE
By
Mark Hyland Director Date Division of Site Remediation Maine DEP State House Station 17 August Maine 04333 Tel (207) 287-7673
By Dennis Harnish Esq Date Assistant Attorney General Department of Attorney General State House Station 6 Augusta Maine 04333 Tel (207) 626-8800
APPENDIX B
Non-Time Critical Removal Action Statement of Work
Saco Municipal Landfill Superfund Site
I INTRODUCTION AND PURPOSE
This non-time-critical removal action (NTCRA) Statement of Work (SOW) defines the response activities and deliverables that the Performing Respondent shall performsubmit in order to implement the Work required under the Administrative Order on Consent for Removal Action (EPA Region I Docket No 1-97-1009) (the Order) at the Saco Municipal Landfill Site in Saco Maine (the Site) The activities described in this SOW are based upon the United States Environmental Protection Agency (EPA) Action Memorandum for the Site signed by the EPA Region I Director of the Office of Site Remediation and Restoration on September 23 1996
II DEFINITIONS
The following definitions shall apply to this SOW
A All definitions provided in Section III of the Order are incorporated herein by reference
B Design shall mean an identification of the technology to be used for the Removal Action and its performance and operational specifications in accordance with all applicable federal state and local laws including but not limited to
1 all computations used to size units determine the appropriateness of technologies and the projected effectiveness of the NTCRA
2 scale drawings of all system layouts identified above and including but not limited to excavation cross-sections and well cross-sections
3 quantitative analyses demonstrating the anticipated effectiveness of the NTCRA Design to achieve the Performance Standards
4 technical specifications which detail the following
a size and type of each major component and
b required performance criteria of each major component
5 specifications on the extent of ambient air monitoring including equipment monitor locations and data handling procedures and
6 specifications of Institutional Controls to be supplied with the construction plans and specifications
EPA Approval or EPA Review and Approval shall mean the procedures specified in Section XIVA of the Order
Institutional Controls shall mean deed restrictions access land easements and other requirements and controls developed to limit human or animal exposure to hazardous substances pollutants or contaminants andor to ensure the integrity and effectiveness of the Removal Action
Performing Respondents Certification shall mean the procedures specified in Section XIVB of the Order
III SELECTED NON-TIME-CRITICAL REMOVAL ACTION
Section VAI of the Action Memorandum specifies the NonshyTime-Critical Removal Action for the Site Based upon the Action Memorandum listed below are the components of the NTCRA which shall be performed by the Performing Respondent
bull Grading of the landfill including the consolidation of the solid waste material from adjacent to Area 1 Area 3 and Area 4
bull Identifying the solid waste boundary for Areas 3 and 4
bull Excavating contaminated sediments from a groundwater seep area and consolidating them with the waste material in landfill Area 4
- 2 shy
bull Designing and constructing a multi-layer low hydraulic conductivity cap with surface drainage controls
bull Maintaining the cap
bull Long-term monitoring of surface water sediments and groundwater
bull Post-removal site control (PRSC) of the cap The PRSC shall ensure the long-term continued effectiveness of each component of the NTCRA and
bull Implementing Institutional Controls including implementation of deed restrictions andor other controls to prohibit the future use of the Site in any manner that would compromise the integrity of the cap and its associated systems
IV PERFORMANCE STANDARDS
The Performing Respondent shall design construct operate monitor and maintain the NTCRA in compliance with this Order the SOW and the Performance Standards identified in the Action Memo
The Performance Standards for the NTCRA at the Site include
SEDIMENT EXCAVATION AND CONSOLIDATION Sediments with arsenic concentrations above 19 mgkg will be excavated from the groundwater leachate seeps adjacent to Sandy Brook The area within which the seeps are found is defined by sediment locations SD-21 and SD-25 Sediments within Sandy Brook will not be excavated as part of this removal action
CONSOLIDATION OF SOLID WASTE The solid waste outside the Area 1 Area 3 and Area 4 caps shall be consolidated under the Area 34 cap The area to be excavated and material to be consolidated was identified during the RIFS test pit program
LANDFILL CAP The landfill cap shall be designed constructed operated and maintained to meet the performance requirements of the Resource Conservation and Recovery Act (RCRA) Subtitle C regulations specified in 40 CFR sectsect 26419 264310 as applicable and 264111 and the
- 3 shy
currently promulgated final MEDEP regulations referenced in Attachment X of the Action Memo
The cap shall also be designed to meet the requirements of the following EPA and State technical guidance documenxo Final Covers on Hazardous Waste Landfills and Surface Impoundments (EPA530-SW-89-047 July 1989) Construction Quality Management for Remedial Action and Remedial Design Waste Containment Systems (EPA540R-92073 October 1992) Quality Assurance and Quality Control for Waste Containment Facilities (EPA600R-93182 September 1993) MEDEP Final Cover System Guidance Document for Municipal Solid Waste Landfill (November 1995) Stormwater Management for Maine Best Management Practices (November 1995 MEDEP) and Maine Erosion and Sediment Control Handbook for Construction Best Management Practices (March 1991 Cumberland County Soil and Water Conservation District and Maine DEP)
The multi-layer cap will achieve the following minimum requirements
All layers of the cover system shall be designed to achieve the performance objectives of this section over the longshyterm Each layer shall also be designed to meet a static stability factor of safety criteria of 13 seismic stability factor of safety criteria of 10 and a construction-stage stability factor of safety criteria of 12
mdash The base layer will be comprised of unclassified fill material transmissive to gas The performance objectives for the base layer are to contour the landfill to achieve a maximum slope of 31 provide a subgrade base suitable for construction of the cover system and minimize subsidence
Waste from uncapped areas near Area 1 Area 3 and Area 4 and excavated sediments from the groundwater seep areas near Sandy Brook will be placed under the base layer Vegetation cleared from the Site will be distributed evenly to prevent degradation and minimize subsidence
The slopes will be terraced to minimize erosion of the multi-layer cap so that no more than 2 tons per acre per year of soil loss occurs
mdash The gas collection layer will be comprised of 6-12 inches of porous material with a hydraulic conductivity of at least
- 4 shy
1 x 103 cmsec The objective of this layer is to allow for the transmission of gas to the vent pipe which will then take gas out of the landfill and to provide a firm foundation and contact surface for the low hydraulic conductivity layer A second objective is to allow fo the transmission of potential leachate seeps down the sideslopes so that it may infiltrate back into the landfill Approximately one gas vent per acre will be installed at least three to five feet into the waste
-- The bottom low hydraulic conductivity layer acts as a safeguard to the geomembrane and is generally made of 24 inches of clay or a geo-synthetic clay liner (GCL) The performance objective of this layer is to minimize potential leakage through the low hydraulic conductivity geomembrane into the landfill The low hydraulic conductivity layer will be designed to achieve a maximum hydraulic conductivity of 1 x 10~7 cmsec unless the factor of safety criteria of 13 for static 10 for seismic and 12 for construction stage stability cannot be achieved If the stability criteria cannot be met with a GCL or 1 x 107 cmsec material then a more permeable material may be used to achieve a stable cover system The bottom low hydraulic conductivity layer shall have a maximum hydraulic conductivity of at least 1 x 105 cmsec if the 1 x 10~7
cmsec material cannot meet the stability criteria If a GCL is used as the bottom low hydraulic conductivity layer then 12 inches of a fine grained material containing a minimum of 35 fines with no stones larger than one inch shall be used as bedding above the gas vent layer Potential mechanisms that may compromise the integrity of the cover system such as subsidence desiccation cracking and freeze-thaw cycling will be accounted for in the design
The uppermost surface of the bottom low hydraulic conductivity layer shall be buried at least 30 inches below the surface of the cap
-- The top low hydraulic conductivity layer will be a geosynthetic barrier The performance objective of this barrier is to prevent water from infiltrating into the landfill and to accommodate settlement and subsidence while maintaining stability This synthetic barrier will be a type of flexible geomembrane 40-60 mil thick
-- The drainage layer will be composed of either a minimum of 12 inches of sand or equivalent material with a minimum
- 5 shy
hydraulic conductivity of 1 x 102 cmsec or a synthetic material with a transmissivity of at least 3 x 10~5 m2sec The sand should be no coarser than 38 inch The performance objective is to allow water to drain off the synthetic barrier prevent the ponding of water over tgt a synthetic barrier and minimize seepage forces within the cap system If a geosynthetic drainage layer is used then a 12 inch layer of coarse material will be placed over the geosynthetic layer
mdash The top layer of the cap will be the vegetative cover This layer in combination with the drainage layer shall provide a minimum of 30 inches of fill material to provide frost protection A minimum of 18 inches of material (including at least 6 inches of top soil) shall be placed above the drainage layer to provide adequate water-holding capacity to attenuate rainfall infiltration to the drainage layer to sustain vegetation through dry periods and to provide sufficient thickness to allow for expected long-term erosion losses Deep rooted plants that could damage the drainage and barrier layers will not be allowed to grow on the cover A filter fabric may be placed between the top layer and the drainage layer to minimize fill material from clogging the drainage layer
mdash Surface water drainage controls will be constructed to minimize erosion during construction and to reduce erosion of the cap after construction to no more than 2 tons per acre per year As determined by the final NTCRA Design drainage channels will be installed in certain areas on the top and perimeter of the landfill cap to channel runoff away from the landfill Surface water drainage channels will be designed to manage the rainfall volume of a 25-year 24-hour storm event with freeboard and shall also be capable of handling a 100-year 24-hour storm event without overflow
SURFACE WATERS The point of compliance for any point source surface water releases resulting from this action consistent with the NCP shall be the point or points where the release enters the surface water body (Sandy Brook or Big Ledge Brook) Any point source discharge to a surface water body shall comply with the NPDES program under section 402 of the federal Clean Water Act and the Maine water quality standards and storm water discharge requirements The document Stormwater Management for Maine Best Management Practices (November 1995 MEDEP) shall be used as guidance for stormwater and the document Maine Erosion and Sediment Control Hanbook for Construction Best Management
- 6 shy
Practices (March 1991 Cumberland County Soil and Water Conservation District and Maine DEP) shall be used as guidance for erosion control
AIR The point of compliance for air consistent with che NCP shall be the point(s) of the maximum exposed individual considering reasonably expected use of the Site and surrounding area The maximum exposed individuals could include (I) adjacent residents (2) operation and maintenance personnel and (3) individuals working at the facility The passive gas venting system shall not allow for an unacceptable risk of exposure to the maximum exposed individuals by controlling and treating landfill gas if necessary The passive gas venting system shall be designed and constructed to comply with Attachment X of the Action Memo
LONG-TERM MONITORING A long-term monitoring program will be implemented to evaluate the performance of the NTCRA Surface water groundwater and sedimentsas appropriate shall be sampled as part of this program Long-term monitoring is expected to occur for at least thirty years
POST-REMOVAL SITE CONTROL Post-removal site control shall assure the long-term effectiveness of the cap and related systems for at least thirty years
INSTITUTIONAL CONTROLS Institutional Controls shall ensure the long-term integrity of the landfill cap and prevent future use of the groundwater impacted by the Site Deed restrictions andor other controls shall prohibit any activity at the Site which would interfere with or compromise the landfill cap or its related systems Such controls will also provide for EPA and MEDEP approval prior to the commencement of any future activities at the Site which may impact the landfill cap or its related systems
V NTCRA DESIGN
The Performing Respondent shall develop a final design for the selected NTCRA as described in the Action Memorandum and this SOW that meets the performance standards specified in Section IV of this SOW This section describes the Performing Respondents responsibilities for submitting deliverables and conducting project meetings during design
- 7 shy
A DELIVERABLE5
The Performing Respondent shall submit the following deliverables to EPA and the MEDEP during the design of the selected NTCRA pursuant to the schedule in Attachment A Any modification of the schedule in Attachment A shall be subject to EPA approval after a reasonable opportunity for review and comment by MEDEP Each submitted deliverable shall require EPA Approval after a reasonable opportunity for review and comment by MEDEP or Performing Respondents Certification whichever applies pursuant to the schedule in Attachment A and the procedures in Section XIV of the Order
1 DESIGN PROGRESS REPORTS
On the 15th calendar day of each month and until EPA approval of the 100 NTCRA Design the Performing Respondent shall submit Design Progress Reports to EPA and the MEDEP Design Progress Reports may be combined with the monthly progress reports required under the Administrative Order by Consent for Remedial InvestigationFeasibility Study (EPA Region I CERCLA Docket No I-CERCLA-95-1069) and shall be submitted with the Performing Respondents Certification The reports shall summarize all activities that have been conducted in the month preceding the Progress Report and those planned for the next two months The Progress Reports shall also identify problems encountered andor changes to the schedule and shall summarize the results of sampling and tests and other data received by the Performing Respondent
2 CONCEPTUAL DESIGN LETTER REPORT
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit a Conceptual Design Letter Report to EPA and the MEDEP The Conceptual Design Letter Report shall be submitted by the Performing Respondents Certification and may include at a minimum
a an outline of the NTCRA Design
b a work plan for any pre-design studies
- 8 shy
c preliminary drawings of the 31 and 3-5 slope sections of the cap surface water controls and retention ponds in plan view and cross-section and
d The design basis for the composition and thickness of each layer of the cap presented in letter format including a determination of the appropriate gas control technology and supporting information and an estimate of settlement
3 100 DESIGN FOR SEDIMENT CONSOLIDATION
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit the 100 Design for the sediment consolidation to EPA for Review and Approval after reasonable opportunity for review and comment by the MEDEP
4 100 NTCRA DESIGN
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit the 100 NTCRA Design for EPA Review and Approval after reasonable opportunity for review and comment by the MEDEP Design plans for individual components of the NTCRA may be submitted separately from the cap design However the design submittal for the cap shall address 100 of the total design for each component of the NTCRA including but not limited to
a the Final Design Report including the design basis for each component and the associated plans and specifications in reproducible format
b Construction Quality Assurance Plan including sample construction quality assurance and quality control checklists draft construction -quality control and quality assurance tables and a list of testing requirements based upon EPA and MEDEP comments
c the results of any pre-design studies
- 9 shy
d final drawings of the 31 and 3-5 slope sections of the cap in plan view and cross section including surface drainage controls and retention ponds anchor trenches and the passive gas venting system
e a description of the design basis for each layer andor component of the NTCRA including settlement evaluation stability calculations and the HELP model assessment to evaluate infiltration through the cover system The stability assessment shall include an assessment of the stability of the cover system waste material and surrounding slopes Each key section of the stability analysis should include a discussion of the (1) performance criteria for each failure mode (2) soil conditions including loading and seepage conditions and (3) determination of factor of safety and indicate the slope failure mode The methods to perform the above analysis shall be presented
f a discussion of how all applicable or relevant and appropriate requirements (ARARs) identified in the Attachment X of the Action Memo will be addressed This discussion should
(1) specify the statute (2) specify the citation of the ARAR (3) identify if the ARAR is state or
federal (4) summarize the requirements of the ARAR (5) specify in detail the activities that
shall be conducted to comply with the ARAR and
(6) specify in detail the activities that shall be conducted to demonstrate compliance with the ARAR When sampling and analysis is conducted to demonstrate compliance the following shall be specified sampling locations sampling frequency sampling methods analytical methods quality assurance and quality control activities and statistical analysis andor modeling andor other data interpretation techniques
- 10 shy
g drawings on reproducible mylar
h the final NTCRA Technical Specifications which shall include at a minimum the items identified in Attachment D
i a Field Sampling Plan as specified in Attachment B and a Quality Assurance Project Plan as specified in Attachment C Although these documents will be submitted as part of the 100 design these documents must be submitted as separate freestanding deliverables to enable a separate concurrent review of these document by the Agencies along with the 100 design review
j With respect to the landfill cap the design shall include the construction quality assurance procedures required to demonstrate that the NTCRA was properly implemented This component shall include for example (I) checklists for establishing that the required tests and inspections were performed (2) standard operating procedures for all field and laboratory tests (3) the quality assurance and quality control plan for all field and laboratory tests (4) a process for obtaining EPA and MEDEP involvement in major and minor field changes and (5) erosion and sediment control plans The quality assurance component shall be based upon the following guidance documents Construction Quality Assurance for Hazardous Waste Land Disposal Facilities (EPA 530-SWshy86-031 October 1986 and Technical Guidance Document Quality Assurance and Quality Control for Waste Containment Facilities (EPA540R-93182 September 1993)
k A discussion of how any surface water point source discharge shall be evaluated
1 A discussion of how the ambient air shall be evaluated after the construction of the cap is complete to demonstrate that the landfill gas does not pose an unacceptable risk (an excess cancer risk greater than the 104 to 106 risk range or a non-carcinogenic hazard
- 11 shy
index greater than 1) to the maximum exposed individuals (as identified in Section IV of this SOW)
5 WINTER STABILIZATION PLAN
By October 30th of each field season prior to the approval of the Post-Removal Site Control Plan the Performing Respondent shall submit a Winter Stabilization Plan to EPA and MEDEP This plan shall describe the practices and procedures that will be used by the Performing Respondent to prevent erosion of the landfill and excessive sediment discharge to the surface water and wetlands until EPA approval of the Post-Removal Site Control Plan
6 INSTITUTIONAL CONTROL PLAN
The Performing Respondent shall submit a schedule and a workplan letter report for the implementation of the Institutional Controls required by the NTCRA within 60 days of the effective date of the Order As part of the Institutional Controls a deed restriction shall be placed on the Site property to prevent any use of the property that would interfere with or reduce the effectiveness of the NTCRA or any future response actions The deed restriction shall also prevent future use of the groundwater under the Site These institutional controls shall be implemented in a manner consistent with Attachment X of the Action Memo
B DESIGN PROJECT MEETINGS
The Performing Respondent and its Contractor shall periodically meet with EPA and the MEDEP during the design phase to discuss the status of the design present the results of any investigations and discuss any issues associated with the development of the design
At least one week prior to each such periodic meeting the Performing Respondent shall submit to EPA and the MEDEP as necessary (i) an agenda for the meeting (ii) a summary of the issues that will be discussed and (iii) any supporting information including any specific information required for the meeting as detailed below The following is a list of meetings to be held as necessary during the design phase
1 DESIGN KICK-OFF MEETING
- 12 shy
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall schedule a design kickshyoff meeting The purpose of this meeting is to allow the EPA MEDEP and the Performing Respondents design teams to meet
2 CONCEPTUAL DESIGN MEETING
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall hold a Conceptual Design Meeting During the Conceptual Design Meeting the Performing Respondent shall give a presentation of the Work Plan for Pre-Design Studies if needed and the conceptual design of the selected NTCRA based on any completed pre-design investigations and the Conceptual Design Letter Report
3 100 DESIGN MEETING FOR SEDIMENT CONSOLIDATION
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall hold a 100 Sediment Consolidation Design Meeting At this meeting the Performing Respondent shall present the 100 design for these components of the NTCRA
4 100 NTCRA DESIGN MEETING
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall hold two 100 NTCRA design meetings At the first meeting the Performing Respondent shall provide an overview of the design During the second meeting the Performing Respondent shall present any issues that have arisen from comments received on the 100 NTCRA design and options for resolving the issues
EPA may determine that any of such meetings are not necessary However EPA andor the Performing Respondent may also schedule additional meetings as necessary to discuss any issues that arise during design
VI NTCRA IMPLEMENTATION
The Performing Respondent shall implement the final design for the selected NTCRA as described in the Action Memorandum and this SOW that meets the performance standards specified in Section IV
- 13 shy
of this SOW This section describes the Performing Respondents responsibilities for conducting the NTCRA submitting deliverables and conducting project meetings during implementation of the NTCRA
A DELIVERABLES
The Performing Respondent shall submit the following deliverables to EPA and the MEDEP during implementation of the NTCRA pursuant to the schedule in Attachment A Any modification of the schedule in Attachment A is subject to EPA approval after a reasonable opportunity for review and comment by MEDEP Each submitted deliverable shall require EPA Approval or the Performing Respondents Certification whichever applies pursuant to the schedule in Attachment A and the procedures in Section XIV of the Administrative Order by Consent
1 NTCRA IMPLEMENTATION SCHEDULE
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit a NTCRA Implementation Schedule for EPA Review and Approval after reasonable opportunity for review and comment by the MEDEP The NTCRA Implementation Schedule shall identify the major milestones for completion of the NTCRA including the commencement and completion of construction and the schedule for demonstrating compliance bull ith Section V(A) (4) (f) of the SOW The NTCRA Implementation Schedule shall also identify the key construction dates including the initiation and completion date of each component of the multi-layer cap The NTCRA Implementation Schedule shall also identify the projected dates of the Progress Meetings conducted during the NTCRA implementation including those required pursuant to Section VIB of this SOW
2 CONSTRUCTION DOCUMENT SUBMITTAL
In accordance with the schedule set forth in Attachment A to this SOW the Performing Respondent shall submit a copy of executed construction contract documents to EPA and MEDEP
3 HEALTH AND SAFETY PLAN
- 14 shy
In accordance with che Schedule set forth in Attachment A to this SOW the Performing Respondent shall submit a General Health and Safety Plan to EPA and MEDEP A site-specific Health and Safety Plan addressing NTCRA construction activities shall be submitted by the Performing Respondent prior to on-site construction activities The general and site-specific Health and Safety Plans shall each be submitted with Performing Respondents Certification
4 NTCRA IMPLEMENTATION PROGRESS REPORTS
On the 15th calendar day of each month during implementation of the NTCRA and until EPA approval of the Completion of Removal Action Report the Performing Respondent shall submit Progress Reports to EPA and the MEDEP The Progress Reports shall be submitted with Performing Respondents Certification The reports shall summarize all activities that have been conducted in the month preceding the Progress Report and those planned for the next two months The Progress Reports shall also
a identify the percent of NTCRA construction completed
b identify any problems encountered andor changes to the schedule
c summarize the results of all sampling and tests and all other data received by the Performing Respondent
d include photographs of the site activities Photographs shall be labeled with the date brief description of the activity weather conditions and directionorientation of the photograph and
e include the results of any monitoring conducted
After completion of all construction activities the Performing Respondent may upon EPA approval reduce the frequency of submission of the Progress Reports The Progress Reports may be combined with the monthly progress reports required under the Administrative Order by Consent
- 15 shy
for Remedial Investigation Feasibility Study (EPA Region I CERCLA Docket No I-CERCLA-95-1069)
5 POST-REMOVAL SITE CONTROL PLAN
In accordance with the schedule set forth in Attachment A to this SOW the Performing Respondent shall submit a Post-Removal Site Control Plan (PRSC Plan) for EPA Review and Approval after reasonable opportunity for review and comment by the MEDEP The PRSC Plan shall ensure the long-term continued effectiveness of each component of the NTCRA The PRSC Plan shall address at a minimum the following
a periodic evaluation of the stability of the cover system
b a description of normal operations and maintenance
c a description of potential operational problems with contingency plans
d an operational safety plan
e a description of equipment
f record keeping and reporting requirements
g periodic assessment of the passive landfill gas venting system
h periodic assessment of erosion controls and periodic settlement monitoring
i periodic assessmentand runoff
of surface water controls
j evaluation of Sandy Brook removal area
k periodic evaluation of vegetative growth and the identification of any erosion and
1 the impact of the cap on wetlands
- 16 shy
6 COMPLETION OF REMOVAL ACTION REPORTS
In accordance with the schedule set forth in Attachment A to this SOW the Performing Respondent shall submit the Completion of Removal Action and Demonstratioi of Compliance Report (jointly the Completion of Removal Action Report) for EPA Review and Approval after reasonable opportunity for review and comment by the MEDEP The Completion of Removal Action Report shall be submitted in two phases including first an Interim Completion of Removal Action Report and second a Final Completion of Removal Action Report
a The Interim Completion of Removal Action Report shall include at a minimum
(1) a synopsis of the work defined in the SOW and the 100 NTCRA Design and a synopsis of all work actually performed
(2) an explanation of any modifications to work in the SOW and the 100 NTCRA Design and why such modifications were necessary to implement the NTCRA
(3) drawings and specifications for all components of the NTCRA and
(4) a final inspection checklist
b The Final Completion of Removal Action Report shall include the categories of information specified in section 300165 of the NCP (OSC Reports) In addition the Final Completion of Removal Action Report shall follow EPA guidance for a Remedial Action Report OSWER Directive 93550-39FS June 1992 and shall include at a minimum
(1) all the data and information necessary to demonstrate compliance according to the approved NTCRA Design
(2) a certification that the NTCRA is operational and functional as designed that no further modifications are necessary to meet the performance standards and that no unacceptable air
- 17 shy
or surface water releases (from the cap only) are occurring or are expected to occur
(3) a detailed explanation as to how t^e Performing Respondent addressed each of the ARARs specifically identified as such in Attachment X of the Action Memo
(4) the final record (as built) plans and specification for the NTCRA and
(5) the conclusions of the data evaluation
B PROJECT MEETINGS
The Performing Respondent and their contractors shall periodically meet with EPA and the MEDEP during implementation of the NTCRA to discuss the status of the project present the results of any investigations and discuss any issues that arise At least one week prior to each such meeting the Performing Respondent shall submit to EPA and the MEDEP as necessary an agenda for the meeting a summary of the issues that will be discussed and any supporting information The following is a list of mandatory meetings that shall be conducted by the Performing Respondent
1 CONSTRUCTION MEETINGS
Unless otherwise agreed by EPA and MEDEP during the construction period the Performing Respondent and its construction contractor(s) shall meet MONTHLY with EPA and MEDEP regarding the progress and details of construction
2 SUBSTANTIAL COMPLETION INSPECTION MEETING
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall schedule and conduct a Substantial Completion Inspection Meeting at the Site The Substantial Completion Inspection Meeting shall include EPA MEDEP and the Performing Respondents Project Coordinator and technical consultant
- 18 shy
3 FINAL INSPECTION MEETING
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall schedule and conduct a Final Inspection Meeting at the Site This Final Inspection Meeting shall include participants from all parties involved in the NTCRA including but not limited to the Performing Respondent and its contractors EPA and the State
EPA may determine that any such meetings are not necessary EPA andor MEDEP andor the Performing Respondent may also schedule additional meetings as necessary to discuss any issues that arise during implementation of the NTCRA
VII POST-REMOVAL SITE CONTROL
The Performing Respondent shall initiate Post-Removal Site Control (PRSC) upon completion of construction of the NTCRA In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit a PRSC plan for EPA approval after a reasonable opportunity for review and comment by MEDEP PRSC shall continue for at least thirty years
Progress Reports shall be submitted throughout the period of PRSC PRSC Progress Reports shall contain a list of all PRSC activities that were performed in the time period since the previous PRSC Progress Report and those PRSC activities that will be performed in the time period until the next PRSC Progress Report In addition PRSC Progress Reports shall include a summary of the results of any PRSC tests or evaluations completed since the last report
PRSC reports shall be submitted quarterly for the first two years following approval of the PRSC plan by EPA after a reasonable opportunity for review and comment by MEDEP For the next 8 years PRSC reports shall be submitted semishyannually in June and November of each year Thereafter PRSC reports shall be submitted annually in November The PRSC reports shall include a discussion of the condition of the NTCRA components and shall identify any corrective measures that have been or need to be installed In particular the condition of the landfill vegetative cover and surface water controldrainage systems shall be discussed
- 19 shy
VIII LONG-TERM MONITORING
In accordance with the schedule set forth in Attachment A to the SOW the Perform g Respondent shall submit a Long-Term Monitoring Plan for EPA Review and Approval after reasonable opportunity for review and comment by MEDEP The objective of the Long-Term Monitoring Plan shall be to evaluate the long-term changes in groundwater surface water and sediment concentrations to assess the effectiveness of the NTCRA The Long-Term Monitoring Plan may also include measures to assess the compliance of the landfill passive gas venting control system and the surface water and sediment control systems The data collected as part of the RIFS Order may be consolidated as a substitute for this data
The Performing Respondent shall initiate the long-term monitoring upon EPA approval of the Long-Term Monitoring Report and continue to perform long-term monitoring of the Site for at least thirty years after EPA approval of the Completion of Removal Action Report Any modifications to these requirements should be made in a manner consistent with Paragraph 111 of the Order
- 20 shy
ATTACHMENT A NTCRA SCHEDULE
DeliverableMeeting Due Date
Kick-off meeting between EPA MEDEP and Design Contractor
Design Progress Reports
Submit Conceptual Design Letter Report to EPA and MEDEP
Final Design Meeting for Sediment Consolidation
Submit draft 100 Sediment Consolidation Design
Conceptual Design Meeting
Monthly Project Mtg
Institutional Control Plan
Submit 100 NTCRA Design
100 NTCRA Design Meeting
Health and Safety Plan for Construction Activities
Second 100 Design Meeting
NTCRA Implementation Schedule
Revised 100 Design Construction Document Submittal
NTCRA Implementation Progress Reports
Construction Meetings
Post-Removal Site Control Plan
Held on December 18 1996
15th calendar day of each month until EPA approval of 100 NTCRA Design
Submitted December 15 1996
Held on December 18 1996
Submitted December 15 1996
Held January 9 1997
To be set by EPA
within 60 days of the effective date of the NTCRA Order
February 28 1997
March 21 1997
No later than May 16 1997
No later than May 23 1997
No later than June 13 1997
No later than June 13 1997
15th calendar day of each month after EPA approval of 100 NTCRA Design until approval of the Completion of Removal Action Report
Once per month during NTCRA construction activities
July 15 1997
Attachment A - 1
Submit Long-Term Monitoring Plan to EPA and MEDEP
Substantial Completion InspectionMeeting
Winter Stabilization Plan
Interim Completion of Removal Action Report
Final Completion of Removal Action Report
Final Inspection
Post-Removal Site Control Progress Reports
No later than December 1 1997
No later than December ]5 1997
By 30th of October of each year until EPA approval of the Post-Removal Site Control Plan
30 days prior to Substantial Completion Inspection Meeting
Within 120 days of the Substantial Completion Inspection
No later than May 15 1998
Quarterly for the 1st two years after approval of PRSC Plan(to be submitted in March June September and December of each year) for the next eight years semishyannually in June and November of each year Thereafter annually in November
Attachment A - 2
ATTACHMENT B
FIELD SAMPLING PLAN COMPONENT OF THE NTCRA 100 DESIGN
The overall objectives of the Field Sampling Plan (FSP) are as follows
1 to document specific objectives procedures and rationales for fieldwork and sample analytical work
2 to ensure that sampling and analysis activities are necessary and sufficient and
3 to provide a common point of reference for all parties to ensure the comparability and compatibility of all objectives and the sampling and analysis activities
The following critical elements of the FSP shall be described for each sample medium as necessary (eg ground water surface water soil sediment air and biota) and for each sampling event
1 sampling objectives (iedemonstration of attainment five year review etc)
2 data quality objectives including data uses and the rationale for the selection of analytical levels and detection limits (see Data Quality Objectives Development Guidance for Uncontrolled Hazardous Waste Site Remedial Response Activities OSWER Directive 935507 March 1987) Also Guidance for Data Useability in Risk Assessment EPA540G-90-008 October 1990
3 site background update including an evaluation of the validity sufficiency and sensitivity of existing data
4 sampling locations and rationale
5 sampling procedures and rationale and references
6 numbers of samples and justification
7 numbers of field blanks trip blanks and duplicates
Attachment B - 1
8 sample media (eg ground water surface war soil sediment air and buildings facilities and structures including surfaces structural materials and residue)
9 sample equipment containers minimum sample quantities sample preservation techniques maximum holding times
10 instrumentation and procedures for the calibration and use of portable air soil- or water-monitoring equipment to be used in the field
11 chemical and physical parameters in the analysis of each sample
12 chain-of-custody procedures must be clearly stated (see EPA NEIC Policies and Procedures Manual EPA 3309-78shy001-R May 1978 revised May 1986
13 procedures to eliminate cross-contamination of samples (such as dedicated equipment)
14 sample types including collection methods and if field and laboratory analyses will be conducted
15 laboratory analytical procedures equipment and detection limits
16 equipment decontamination procedures
The FSP must establish the framework for all anticipated field activities (eg sampling objectives evaluation of existing data standard operating procedures) and contain specific information on each round of field sampling and analysis work (eg sampling locations and rationale sample numbers and rationale analyses of samples) During the NTCRA the FSP shall be revised as necessary to cover each round of field or laboratory activities Revisions or a statement regarding the need for revisions shall be included in each deliverable describing all new field work
The FSP shall include provisions requiring notification of EPA and the MEDEP at a minimum four weeks before field sampling events The Performing Respondent shall provide EPA and MEDEP at least one week notice for non-analytical engineering analysis samples The FSP shall also allow split replicate or duplicate samples to be taken by EPA
Attachment B - 2
(or their contractor personnel) MEDEP and by other parties authorized by EPA At the request of EPA or MEDEP the Performing Respondent shall provide these samples in appropriately pre-cleaned containers to the government representatives Identical procedures shall be used t_raquo collect the Performing Respondents samples and the parallel samples unless otherwise specified by EPA or MEDEP The following guidance documents shall be followed in developing the FSP including
1 Guidance for Conducting Remedial Investigations and Feasibility Studies Under CERCLA (OSWER Directive 93553-01 EPA540G-89004 October 1988)
2 Data Quality Objectives for Remedial Response Activities Development Process EPA540G-87003 (OSWER Directive 93550-7B March 1987)
3 Data Quality Objectives for Remedial Response Activities example scenario RIFS Activities at a site with contaminated Soil and Ground Water (OSWER Directive 93550-7B EPA540G-87002 March 1987)
4 Test Methods for Evaluating Solid Waste PhysicalChemical Method (EPA Pub SW-846 Third Edition)
5 Analytical methods as specified in CFR 40 CFR Parts 136 14123 14124 and 14125 and Agency manuals documenting these methods
6 Statement of Works for Inorganic and Organic Analyses EPA Contract Laboratory Program
7 Guidance for Data Useability in Risk Assessment EPA540G-90-008 October 1990 and
8 Ecological Assessment of Hazardous Waste Sites A Field and Laboratory Reference EPA6003-89013 March 1989
Attachment B - 3
ATTACHMENT C
QUALITY ASSURANCE PLAN FOR THE NTCRA 100 DESIGN
The Quality Assurance Project Plan (QAPjP) shall document in writing site-specific objectives policies organizations functional activities and shall specify quality assurancequality control (QAQC) activities designed to achieve the data quality objectives (DQOs) of the NTCRA The QAPjP developed for this project shall document QAQC policies procedure routines and specifications All project activities throughout the NTCRA shall comply with the QAPjP All QAPjP and sampling and analysis objectives and procedures shall be consistent with Interim Guidelines and Specifications for Preparing Quality Assurance Project Plans (EPA 1983 - EPA QAMS- 00580 1980) All analytical methods shall be consistent with applicable EPA analytical protocols and methods
The 16 basic elements of the QAPjP plan are
1 title page with provision for approval signatures of principal investigators
2 table of contents
3 project description
4 project organization and responsibility
5 quality assurance objectives for measurement data in terms of precision accuracy completeness representativeness and comparability
6 sampling procedures
7 sample custody
8 calibration procedures and frequency
9 analytical procedures which must be EPA approved or equivalent methods
10 data reduction validation and reporting
11 internal quality control checks and frequency
Attachment C - 1
12 performance and system audits and frequency
13 preventive maintenance procedures and schedules
14 specific routine procedures to be used to assess the precision accuracy and completeness of data and to assess specific measurement parameters involved
15 corrective action and
16 quality assurance reports to management
As indicated in EPAQAMS-00580 the above list of essential elements must be considered in the QAPjP for the NTCRA If a particular element is deemed not relevant to the project the reasons for such determination must be provided
Information in a plan other than the QAPjP may be cross-referenced clearly in the QAPjP provided that all objectives procedures and rationales in the documents are consistent and the reference material fulfills the requirements of EPAQAMS-00580 Examples of how this cross-reference might be accomplished can be found in the Data Quality Objectives for Remedial Response Activities Development Process EPA5406-87OQ3 (OSWER Directive 93550-7B) March 1987 and the Data Quality Objectives for Remedial Response Activities Example Scenario EPA540Gshy87004 (OSWER Directive 93550-7B) March 1987 EPA-approved analytical methods or alternative methods approved by EPA shall be used and their corresponding EPA-approved guidelines shall be applied when they are available and applicable
The QAQC for any laboratory used during the NTCRA shall be included in the QAPjP When this work is performed by a contractor to the Performing Respondent each laboratory performing chemical analyses shall meet the following requirements
1 be approved by the State Laboratory Evaluation Program if available
2 have successful performance in one of EPAs National Proficiency Sample Programs (ie Water Supply or Water Pollution Studies or the States proficiency sampling program)
Attachment C - 2
3 be familiar with the requirements of 48 CFR Part 1546 contract requirements for quality assurance and
4 have a QAPjP for the laboratory including all relevant analysis This plan shall be referenced as part of the contractors QAPjP
The Performing Respondent shall certify that all validation of data was performed by an independent person according to Region Is Laboratory Data Validation Functional Guidelines for Evaluating Organic and Inorganic Analyses (amended as necessary to account for the differences between the approved analytical methods for the project and the Contract Laboratory Procedures (CLP) These approved methods shall be contained in the QAPjP The independent person shall not be the laboratory conducting the analyses and should be a person familiar with EPA Region I data validating procedures The independent person performing the validation shall insure that the data packages are complete and all discrepancies have been resolved if possible and the appropriate data qualifiers have been applied The Performing Respondent shall keep the complete data package and make it available to EPA and the MEDEP on request The complete data package must include the following
o Narrative stating method used and explanation of any problems
o Tabulated summary forms for samples standards and QC
o Raw data for samples standards and QC o Sample preparation logs and notebook pages o Sample analysis logs andor notebook pages o Chain of custody sample tags o An example calculation for every method per
matrix
Attachment C - 3
ATTACHMENT D
GENERAL REQUIREMENTS FOR THE TECHNICAL SPECIFICATIONS COMPONENT OF THE NTCRA DESIGN
The general requirements section of the technical specification shall describe how the Performing Respondent will manage the project to complete the NTCRA as required under the SOW and the Order As part of the technical specifications the Performing Respondent shall require the following tasks
1 provide for the security of government and private property on the Site
2 estrict unauthorized entry to the Site which might result in exposure of persons to potentially hazardous conditions
3 establish the location of a field office for on-site activities
4 provide contingency and notification plans for potentially dangerous activities associated with the NTCRA
5 monitor airborne contaminants released by Site activities which may affect the local populations
6 communicate to EPA MEDEP and the public the organization and management of the NTCRA including key personnel and their responsibilities
7 provide a list of Performing Respondents contractors and subcontractors and description of their activities and roles
8 provide for the proper disposal of materials used and wastes generated during the NTCRA (eg drill cutting extracted ground water protective clothing disposable equipment) These provisions shall be consistent with the off-site disposal requirements of CERCLA sect 121(d)(3) RCRA and applicable state laws The Performing Respondent or their authorized representative or another party acceptable to EPA and MEDEP shall be identified as the generator of wastes for the purpose of regulatory or policy compliance
Attachment D - 1
9 provide a description of the project staff and communication strategy
10 provide the mechanism for identifying and notifying EPA and MEDEP of non-conformance with the design and ixeld change requests and
11 provide traffic controls and community notification strategy
Attachment D - 2
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 5
b Cost Recovery Administrative Agreement shall mea the
Cost Recovery Administrative Agreement Docket No CERCLA shy
1-97-1010 entered by the Respondents and EPA
c Day shall mean a calendar day unless expressly stated
to be a working day or unless the reference is to a period
of ten (10) days or less in which case intervening weekend
days and legal federal holidays shall not be counted in
determining dates In all other instances of computing any
period of time under this Order 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 Working day shall mean a day other than a Saturday
Sunday or federal holiday
d Deliverable shall mean any contract deliverable
plan report notice specification schedule or other item
or document required to be submitted by the City pursuant to
the Order or Statement of Work
e EPA Approval or EPA Review and Approval shall mean
the procedures specified in Section XIVA of this Order
Administrative Order By Consent for Removal Action Saco Municipal Landfill Super-fund Site Page 6
f Extraordinary Response Costs shall mean any costo EPA
or the Maine DEP incur pursuant to Paragraphs 52d 65 69
102 and 104
g Landfill shall mean the Saco Municipal Landfill
which is owned by the City and comprised of four waste
disposal areas (identified as Areas 1 2 3 and 4 in
Appendix A) situated on the 90 acre Landfill Parcel located
on Foss Road in Saco York County Maine owned by the City
h Landfill Parcel shall mean the 90 acre parcel of land
owned by the City on Foss Road in Saco York County Maine
upon which the Landfill is situated
i National Contingency Plan or NCP shall mean the
National Oil and Hazardous Substances Pollution Contingency
Plan promulgated pursuant to Section 105 of CERCLA 42
USC sect 9605 codified at 40 CFR Part 300 and any
amendments thereto
j NTCRA shall mean the Non-Time-Critical Removal Action
undertaken pursuant to this Order
k Order shall mean this Administrative Order by
Consent the Statement of Work (SOW) and any other
appendices or attachments thereto including any future
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 7
modifications as provided by the terms of this
Administrative Order by Consent as may be added hereafter
including (upon EPA Approval or the Citys Certification)
any Deliverables required by this Order such Deliverables
shall be incorporated into and enforceable under this Order
upon EPA Approval or the Citys Certification
1 Oversight Costs shall mean all costs including but
not limited to direct and indirect costs not inconsistent
with the NCP that EPA the Department of Justice or the
State of Maine incur after the effective date of this Order
in overseeing this Order and the Cost Recovery
Administrative Agreement including costs incurred for
negotiating amendments to these instruments- costs incurred
for reviewing or developing plans reports and other items
in connection with this Order costs incurred for overseeing
actions undertaken by the City at the Site pursuant to this
Order including but not limited to payroll costs
contractor costs travel costs and laboratory costs- any
payments tc the State through a cooperative agreement lt~osts
incurred by EPA under or in connection with a contract or
arrangement between EPA and a qualified person to assist EPA
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 8
in overseeing and reviewing the conduct of activities
required under this Order costs of contractors hired by EPA
and other federal agencies to assist in the evaluation of
Respondents Work under this Order costs related to
community relationsinvolvement and any Interest accruing
from the date payment for such costs is due Extraordinary
Response Costs shall be excluded from the definition of
Oversight Costs
m Paragraph shall mean a portion of this Order
identified by an Arabic numeral or an upper case letter
n Parties shall mean EPA the State of Maine and the
Respondents
o Past Response Costs shall mean all costs including
but not limited to direct and indirect costs that EPA the
US Department of Justice or the State of Maine incurred
at the Site or in connection with the Site through the
effective date of this Order plus accrued Interest on all
such costs through such date
p Post-Removal Site Control shall mean those activities
necessary to maintain the effectiveness and integrity of the
NTCRA
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 9
q Prior MEDEP Orders and Consent Decrees shall meai The
1970 Consent Agreement and Order issued by the MEDEP to the
City the 1981 Administrative Consent Agreement and
Enforcement Order issued by MEDEP to the City the 1984
Consent Decree entered by the MEDEP and the City the 1986
First Amendment to the 1984 Consent Decree the 1987 Consent
Decree between the MEDEP and the City and all other
administrative orders and consent decrees related to the
Site issued by the MEDEP to the City prior to the effective
date of this Order
r Removal Action shall mean all activities that the
Respondents are required to perform under this Order
including but not limited to all response actions to be
undertaken pursuant to the Action Memorandum for a Non-Time
Critical Removal Action at the Site dated September 23
1996 except those activities required by Section XVIII
(Record Preservation) and Paragraph 96 (Payment by Non-
Performing Respondents)
s Response Costs shall mean all costs including but
not limited to direct and indirect costs plus Interest on
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 10
all such costs that EPA the US Department of Justice or
the State of Maine incur in connection this Order
t Performing Respondent shall mean the City of Saco
Maine
u Performing Respondents Certification shall mean the
procedures specified in Section XIVB of this Order
v Non-Performing Respondents shall mean those parties
identified in Paragraph 12
w RIFS Order shall mean the Administrative Order by
Consent for Remedial InvestigationFeasibility Study EPA
Region I CERCLA Docket No I-CERCLA-95-1069
x RIFS Response Costs shall mean those costs
including but not limited to direct and indirect costs that
EPA the US Department of Justice or the State of Maine
incurred or will incur in connection with the RIFS Order
plus accrued Interest on all such costs
y RFC shall mean the Citys Project Coordinator
z RPM shall mean EPAs Remedial Project Manager
aa Section shall mean a portion of this Order identified
by a Roman numeral
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 11
bb Site shall mean the Saco Municipal Landfill Supe fund
Site encompassing the Landfill the Landfill Parcel and
all other areas where hazardous substances migrating from
the Landfill have come to be located and all areas in
proximity to the hazardous substances necessary for
implementation of the response action
cc State shall mean the State of Maine including MEDEP
dd Statement of Work or SOW shall mean the statement
of work for the design and implementation of the Removal
Action as set forth in Appendix B to this Order any
modifications made in accordance with this Order and any
attachments to the SOW
ee MEDEP or Maine DEP shall mean the State of Maine
Department of Environmental Protection and any predecessor
or successor departments or agencies of the State
IV EPAS AND MAINE PEPS FINDINGS OF FACT
Site Description and History
7 The Site is in a rural residential area Wooded areas
surround the Site in all directions with the exception of an
open sand and gravel quarry to the southeast private residences
are located to the north and east The closest residence is
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 12
approximately 1000 feet northeast of the entrance to the
landfill In 1975 a waterline extension for the Biddeford and
Saco Water Company was installed along Buxton Road which is to
the east of the Site north to the Louden Road that services
many of the private residences in the area
8 The City of Saco operated the Landfill from 1963 until
approximately 1988 Solid wastes commercial wastes and
industrial wastes were disposed of at the Landfill In 1987 the
City of Saco began operating and continues to operate a
transfer station and compost area near the northern perimeter of
the Landfill Parcel and to the west of Foss Road The transfer
station receives and temporarily stores demolition debris wood
waste and white goods prior to off-site disposal The Landfill
is comprised of four distinct waste deposition areas (Areas 1 2
3 and 4) A brook known as Sandy Brook flows northwest to
southeast through the Landfill Parcel with Landfill Areas 1 and
2 to the east and Areas 3 and 4 to the west of Sandy Brook
9 Following reports of ground water and surface water
contamination from leachate from the Landfill the Maine DEP
began investigating the Site in 1974 A 1974 report by a
consultant for the City of Saco identified leachate originating
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 13
from Area 1 at the Landfill as a source of contamination and a
1975-1976 report recommended capping Area 1 to prevent continued
leachate generation Further studies by other consultants as
well as by the Maine DEP and EPA identified volatile organic
compounds metals and semi-volatile compounds including but not
limited to acetone bis (2-ethylhexyl) phthalate chromium 11shy
dichloroethane iron lead manganese methyl ethyl ketone and
toluene in the leachate ground water andor surface water at
the Site at the time of the additional studies
10a In February 1976 the Maine DEP issued a Consent
Agreement and Order (Consent Order) to the City of Saco to
abate leachate migration from the Landfill Pursuant to the
Consent Order the City of Saco regraded Area 1 and covered it
with a clay cap in the fall of 1976 In September 1981 the
Maine DEP issued-an Administrative Consent Agreement and
Enforcement Order to the City of Saco requiring submittal of a
closure plan for the entire Landfill The City of Saco submitted
a closure plan to the Maine DEP in March and November 1984
Following Maine DEP approval of the submitted plan the Maine DEP
and the City of Saco entered into a Consent Decree effective
December 31 1984 under which the City of Saco agreed to perform
Administrative Order By Conaent for Removal Action Saco Municipal Landfill Super-fund Site Page 14
the closure plan for the Landfill Pursuant to the approved
closure plan the City of Saco installed a leachate recirculation
system in Area 2 and covered this area of the Landfill with a
clay cap In addition in a separate action from 1985 to 1991
the City of Saco allowed the temporary storage of solid waste
from Nike Inc in Area 3 which was later sent off-site for
incineration Area 4 of the Landfill has been graded and is
covered with a thin layer of soil
b A number of monitoring efforts at the Site have
been undertaken by the City of Saco and others In 1980 34
private wells located near the Site were sampled In 1984 the
City of Saco contracted with Dubois amp King which installed 24
additional monitoring wells conducted sampling of groundwater
surface water off-site residential wells and ponds and
initiated quarterly sampling In 1987-1988 the City of Saco
contracted with Balsam Environmental Consultants to conduct
sampling of groundwater surface water and leachate in
preparation for Landfill closure activities In 1989 Balsam
evaluated the existing monitoring well network and submitted a
Remedial Investigation Plan
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 15
c From September 1992-April 1994 Halliburton NUS
Corporation provided technical assistance to EPA conducted a
Limited Field Investigation under EPA oversight and prepared a
Final Site Summary Report regarding the Site In 1993-1994 the
US Geological Survey under an Interagency Agreement with the
EPA conducted a detailed geologichydrogeologic review of the
Site and installed monitoring wells performed numerous
geophysical analyses and monitored and sampled surface water
B Performing Respondent
11 The City of Saco is a municipality which currently owns
the Landfill Parcel and the Landfill and owned the landfill
Parcel and the Landfill during the time of disposal of hazardous
substances at the Landfill The City also operated the Landfill
during the time of disposal of hazardous substances at the
Landfill either directly or through a contractor The City of
Saco typically provided trash removal services for residential
and non-industrial commercial entities Industrial entities
handled their own waste hauling to the Landfill
C Non-Performing Respondents
12 The following parties are Non-Performing Respondents
Robus Leather Corporation fka George Newman amp Company
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 16
successor by merger to Biddeford Industries Inc a corporation
under the law of the State of Ohio CL Hauthaway amp Sons Corp
a corporation under the law of the Commonwealth of Massachusettsshy
Gabriel Electronics Incorporated a corporation under the law of
the State of Maine Litton Industries Inc a corporation under
the law c_ the State of Delaware- Lyn-Flex Industries an
unincorporated division of Der-Tex Corporation a corporation
under the law of the Commonwealth of Massachusetts Millipore
Corporation a corporation under the law of the Commonwealth of
Massachusetts Nike Inc a corporation under the law of the
State of Oregon ZENECA Inc a corporation under the law of the
State of Delaware Saco Defense Inc a corporation under the law
of the State of Delaware Bemis Company Inc a corporation
under the law of the State of Missouri and Champion
International Corporation a corporation under the law of the
State of New York EPA and Maine DEP allege that each Non-
Performing Respondent arranged by contract agreement or
otherwise for the disposal or treatment of hazardous substances
at the Landfill andor accepted or
had a corporate relationship with a person that accepted
hazardous substances for transport to the Landfill
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 17
C Environmental Status of Site
13 Beginning in the mid-1970s individuals residing near
the Site reported water quality concerns regarding their drinking
water wells To address these concerns the municipal water
supply was extended along Buxton Road (Route 112) in 1975
14 Based upon the hazardous substance releases detected
during EPA MEDEP and City of Saco investigations at the Site
and other information available to EPA regarding disposal of
hazardous substances by industrial generators at the Landfill
and pursuant to Section 105(a)(8)(B) of CERCLA 42 USC
sect 9605(a)(8)(B) the Site was proposed for inclusion on the
National Priorities List (NPL) published by the Administrator
of EPA in the Federal Register on June 24 1988 (NPL Update 7
53 Fed Reg 23988-98) The Site was listed for final inclusion
on the NPL on February 21 1990 (NPL Final Rule Update 7 55
Fed Reg 6154)
15 EPA MEDEP and the City of Saco have entered into the
Administrative Order by Consent for Remedial Investigation
Feasibility Study US EPA Region I CERCLA Docket No I-CERCLAshy
95-1069 (RIFS Order) in order to fully investigate the release
or threat of release of hazardous substances at the Site The
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 18
RIFS Order became effective on October 2 1995 The Remedial
Investigation and Feasibility (RIFS) Study is still in
progress
16 The RIFS and earlier investigations have revealed that
the landfill waste material is the source of hazardous substances
migrating to the underlying soils groundwater sediments and
surface water Hazardous substances were detected in groundwater
monitoring wells adjacent to and downgradient of the Site
indicating that hazardous substances have migrated from the Site
into the overburden groundwater which discharges to Sandy Brook
Groundwater data indicates that hazardous substances including
but not limited to arsenic manganese vinyl chloride benzene
and bis(2-ethylhexyl)phthalate are present at concentrations
above the maximum contaminant levels established under the
federal Safe Drinking Water Act and the Maine Maximum Exposure
Guidelines In addition hazardous substances from the Site have
accumulated in the sediments of leachate seeps adjacent to Sandy
Brook The level of arsenic in one leachate seep adjacent to
Sandy Brook is over 200 times the National Oceanic and
Atmospheric Effects Range-Low concentrations for sediments (NOAA
ER-L)
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 19
17 On June 6 1996 EPA issued an Engineering
EvaluationCost Analysis (EECA) Approval Memorandum for the
Site In this memorandum EPA concludes that a CERCLA Non-Time-
Critical Removal Action is necessary and appropriate to control
the source of hazardous substance releases at the Site and
authorizes the undertaking of an EECA study to evaluate various
response options On July 26 1996 EPA approved the EECA
Report prepared by the City of Saco pursuant to the RIFS Order
18 On September 23 1996 the Director of OSRR EPA Region
I signed an Action Memorandum for a Non-Time-Critical Removal
Action at the Site In order to control and contain the release
of hazardous substances from Areas 3 and 4 of the Saco Municipal
Landfill Site the Action Memorandum calls for excavation of
groundwater seep sediments with arsenic concentrations above 19
mgkg the construction of a multi-layer landfill cap
institutional controls long-term monitoring and Post-Removal
Site Control (operation and maintenance) of the cap and
monitoring wells
D Endangerment and Response
19 The primary route by which human populations could be
exposed to hazardous substances migrating from the Site is
Administrative Order By Concent for Removal Action Saeo Municipal Landfill Superfund Site Page 20
ingestion of groundwater in the vicinity of Areas 3 and 4 At
present no residents living near the Site are known to be
consuming impacted groundwater However the potential exists
for new residences to be located (with associated drinking water
wells) near the Site
20 Due to ongoing weather conditions water infiltrates
the landfill waste material and underlying soils causing the
leaching of hazardous substances to the groundwater and the
migration of such substances through the groundwater An
exposure pathway potentially exists therefore through the
ingestion of water from a drinking water well installed in the
groundwater impacted by the hazardous substances
21 A risk evaluation performed for the EECA Approval Memo
concludes that there is an unacceptable cancer and non-cancer
risk from exposure to substances in the groundwater including
those hazardous substances listed in Paragraph 9 above The
cumulative excess cancer risk resulting from ingestion of
groundwater by a future user is estimated as 1 x 10~2 for the
reasonable maximum exposed individual and 91 x 104 for the
average exposed individual These levels exceed the highest
acceptable level of risk (1 x 10) established by EPA under the
Administrative Order By Convent for Removal Action Saoo Municipal Landfill Superfund Site Page 21
National Contingency Plan The hazard index which is an
expression of the potential noncarcinogenic effects (eg liver
damage) of the hazardous substances is estimated as 64 for the
reasonable maximum exposed individual and 22 for the average
exposed individual A hazard index significantly greater than
one is considered to pose an unacceptable risk
22 The EECA Approval Memo risk evaluation also identified
an unacceptable risk from human exposure to the maximum
concentrations of arsenic in the groundwater seeps and an
unacceptable non-cancer risk from human exposure to chromium in
the soils adjacent to Area 3
23 An ecological risk was also identified by the EECA
Approval Memo risk evaluation Iron concentrations in Sandy
Brook were up to 18 times the ambient water quality criteria and
arsenic concentrations in Sandy Brook sediments and the
groundwater seep sediments were 138 times the NOAA ER-L
24 The Removal Action specified in the Action Memorandum
signed by the Director of OSRR EPA Region I on September 23
1996 and as detailed in the Order and SOW is designed to
control the actual or threatened release of hazardous substances
into the groundwater air surface water and sediments and
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 22
thereby prevent minimize andor mitigate the imminent and
substantial endangerment to the public health or welfare or the
environment posed by the actual or potential releases of
hazardous substances from the Landfill
V EPAS AND MAINE PEPS DETERMINATIONS
Based on the Findings of Fact set forth above and the
administrative record supporting the Removal Action EPA and the
Maine DEP have determined that
25 The Saco Municipal Landfill Superfund Site is a
facility as defined by Section 101(9) of CERCLA 42 USC
sect 9601(9) and an uncontrolled hazardous substance site within
the meaning of the Maine Uncontrolled Sites Law 38 MRSA
sect 1362(3) (1989 amp Supp 1997)
26 The hazardous substances found at the Site as
identified in the Findings of Fact above include hazardous
substance(s) as defined by Section 101(14) of CERCLA 42 USC
sect 9601(14) and the Maine Uncontrolled Sites Law 38 MRSA
sect 1362(1) (1989 amp Supp 1997)
27 Each Respondent is a person as defined by Section
101(21) of CERCLA 42 USC sect 9601(21)
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 23
28 Each Respondent is a liable party within the meaning of
Section 107(a) of CERCLA 42 USC sect 9607(a) and a responsible
party within the meaning of the Maine Uncontrolled Hazardous
Substances Sites Law 38 MRSA sect 1362(2) (1989 amp Supp 1997)
29 The conditions described in the Findings of Fact above
constitute an actual or threatened release of a hazardous
substance from the facility into the environment as defined by
Section 101(8) and (22) of CERCLA 42 USC sect 9601(8) and (22)
30 The conditions present at the Site may constitute a
threat to public health welfare andor the environment based
upon the factors set forth in Section 300415(b)(2) of the
National Contingency Plan 40 CFR sect 300415(b)(2)
31 The actual or threatened release of hazardous
substances from the Site may present an imminent and substantial
endangerment to the public health welfare or the environment
within the meaning of Section 106(a) of CERCLA 42 USC
sect 9606(a) and may constitute threats or hazards posed or
potentially posed by an uncontrolled site within the meaning of
the Maine Uncontrolled Sites Law 38 MRSA sect 1364 (1989 amp
Supp 1997)
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 24
32 In order to protect the public health and welfare and
the environment and prevent the further release or threat of
release of hazardous substances in at or from the Site a
Removal Action is necessary and appropriate The Removal Action
will consist of implementation of this Order and SOW The SOW is
designed to prevent minimize andor mitigate damage to the
public health or welfare or the environment which may otherwise
result from the release or threat of release of hazardous
substances and was developed in accordance with the criteria set
forth at Section 300415 of the NCP 40 CFR sect 300415 The
Removal Action is not inconsistent with the NCP and CERCLA
33 Despite the Non-Performing Respondents agreement to
make payments to be used for performance of the Work and the
Performing Respondents agreement to perform Work under this
Order Respondents do not admit any of the factual or legal
determinations made by EPA and Maine DEP Respondents agreement
to this Order shall not be construed to be an acknowledgment that
the release or threatened release constitutes an imminent and
substantial endangerment to the public health or welfare or the
environment Except as otherwise provided in the Federal Rules
of Evidence and other than in proceedings to enforce i) this
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 25
Order ii) any agreement between and amonc e Performing
Respondent and Non-Performing Respondents regarding the Site or
iii) a judgment relating to this Order or any such agreement
Respondents participation in this settlement shall not be
considered an admission of liability for any purpose and the
fact of such participation shall not be admissible in any
judicial or administrative proceeding
VI ORDER
34 Based upon EPAs and MEDEPs jurisdiction the Findings
of Fact and Determinations set forth above and the
administrative record supporting the Removal Action EPA and the
Maine DEP hereby order and the Parties hereby agree that the
Respondents as required herein shall comply with the provisions
of this Order and SOW and perform all actions required by the
terms and conditions of this Order and SOW
VII REMOVAL WORK TO BE PERFORMED COMPLETION OF WORK
35 Upon the effective date of this Order the City shall
perform the Work detailed in the SOW to perform the Removal
Action and meet the performance standards specified in the Action
Memorandum and the SOW The Parties agree that the SOW is
consistent with the Action Memorandum Notwithstanding any
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 26
determination that EPA may make under Paragraph 70 cpound this Order
that additional response actions are necessary to attain the
performance standards specified in the Action Memorandum
compliance with the Work requirements specified in the SOW shall
constitute compliance with the Citys obligation to perform the
Work required by this Paragraph (Paragraph 35) If the SOW must
be modified to ensure that the City meets the performance
standards specified in the Action Memorandum and the SOW the
City must thereafter complete the Work required by the SOW as
modified As specified in the SOW the Removal Action will
generally consist of (i) excavation of all sediments in the
groundwater seep adjacent to Sandy Brook having an arsenic
concentration above 19 mgkg (ii) the design and construction of
a multi-layer low hydraulic conductivity cap over the landfill
(iii) long-term monitoring of the groundwater surface water and
sediments (iv) Post-Removal Site Control and (v) institutional
controls including deed restrictions andor other controls to
prohibit the future use of the Site in any manner that would
compromise the integrity of the cap and its related systems
36 The City shall conduct as necessary Post-Removal Site
Control at the Site in accordance with the SOW All activities
Administrative Order By Connent for Removal Action Saco Municipal Landfill Superfund Site Page 27
performed by the City shall be conducted in accordance with
CERCLA the NCP applicable guidance documents specified by EPA
in the SOW and the provisions of this Order including any
standards specifications and time schedules contained in the
SOW (as such may be amended) and its attachments
37 Pursuant to the schedule in Attachment A to the SOW
the City shall submit for EPA Approval the Final Demonstration of
Compliance and Completion of Removal Action Report (the Final
Completion of Removal Action Report) The Final Completion of
Removal Action Report shall conform to the requirements specified
in the SOW The Final Completion of Removal Action Report shall
also include the following certification signed by the Citys
Project Coordinator or a responsible City official
On behalf of the City for whom I have the authority to make this certification I certify that to the best of my knowledge after appropriate inquiries of relevant persons involved in the preparation of the Report the information submitted 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
38 If EPA after reasonable opportunity for review and
comment by the State determines that the construction portion of
the Removal Action has been fully performed in accordance with
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superpoundund Site Page 28
this Order (with the exception of continuing obligations required
by this Order including without limitation Post-Removal Site
Control long-term monitoring and record preservation) and that
the performance standards specified in the Action Memorandum and
the SOW have been achieved EPA will provide written notice to
the City If EPA after reasonable opportunity for review and
comment by the State determines that all activities have not
been completed in accordance with the provisions of this Order
it will so notify the City and provide a list of the tasks
remaining and a schedule for their completion Subject to the
Citys right to invoke Dispute Resolution the City shall perform
all remaining tasks and shall submit an amended Final Completion
of Removal Action Report in accordance with the EPA notice
VIII COORDINATION AND COOPERATION WITH OTHER RESPONSE ACTIONS
39 The Parties recognize that (i) the City of Saco is
currently performing an RIFS at the Site (ii) EPA intends
after reasonable opportunity for review and comment by the Maine
DEP to select a final remedial action for the Site following
completion of the RIFS and (iii) the design andor construction
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Superfund Site Page 29
of a future remedial action may be performed concurrently with
the Citys performance of portions of the Removal Action
40 The City shall coordinate and cooperate fully with EPA
the State and any other person conducting future response
actions at the Site under EPA or State supervision The City
shall not interfere with or hinder the performance of future
response actions nor take any actions inconsistent with the
performance of any future response actions Further the City
shall provide such assistance and information as EPA deems
necessary to ensure the smooth transfer of the operation and
maintenance of the landfill systems to EPA and any other person
conducting future response actions at the Site under EPA or State
supervision if such becomes necessary
IX ENSftlt3EMTiTJT 9F THE CITYS CONSULTANT AND CONTRACTOR AND PROJECT COORDINATOR
41 The City has selected a qualified Consultant (the
Consultant) Woodard and Curran Inc to perform engineering
consulting work including cap design required under this Order
Additional technical activities including cap construction will
be performed by a contractor yet to be selected The Consultant
and contractor shall employ key personnel dedicated to the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 30
Removal Action that shall have a minimum of five (5) years of
direct experience in performing response actions at hazardous
waste sites Subcontractors retained by the Consultant or
contractor shall contribute no more than fifty percent (50) of
the total work to be conducted under the agreement between the
City and the Consultant All work performed by said Consultant
and contractor pursuant to this Order shall be unde^ the general
direction and supervision of a qualified individual with
expertise in hazardous waste site cleanup The contractor shall
employ such professional staff and shall contract with
appropriate subcontractors sufficient to perform the Removal
Action prior to engagement by the City
42 The City shall provide written notice to EPA and the
Maine DEP within ten (10) days after engaging a contractor The
notice shall include a copy of the Citys contract with the
contractor a statement of qualifications identification of
project personnel and language dedicating the specific
professional staff for specific hours devoted to the project
The City shall notify EPA and the Maine DEP regarding the
identity and qualifications of all subcontractors as soon as each
subcontractor is engaged or at least fourteen (14) days prior to
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Superfund Site Page 31
the subcontractors commencement of Site Work whichever occurs
first Notice by the Citys contractor or subcontractor shall be
deemed notice by the City EPA after reasonable opportunity for
review and comment by the Maine DEP shall have the right
subject to the Citys right to invoke Dispute Resolution to
disapprove based on professional qualifications conflicts of
interest andor deficiencies in previous similar work the
Consultant and any contractor or subcontractor or other person
engaged directly or indirectly by the City to conduct the Work
under this Order The City shall not be deemed in violation of
this Order because the Work has been performed by a contractor or
subcontractor or other person engaged directly or indirectly by
the City to conduct the Work under this Order which is
subsequently disapproved by EPA
43 Within fourteen (14) days after the effective date of
this Order the City shall designate a Project Coordinator who
shall be responsible for the administration of all actions called
for by this Order and shall submit the Coordinators name
address and telephone number to EPA and the ^aine DEP Any
subsequent change in the Citys Project Coordinator shall be
accomplished to the extent possible by notifying EPA and the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 32
Maine DEP in writing at least fourteen (14) days prior to the
change The Citys Project Coordinator shall be subject to
disapproval by EPA and shall have the technical expertise
sufficient to adequately oversee all aspects of the work required
under this Order
X DESIGNATION OF GOVERfffMHSITT COORDINATORS
44 EPA will designate a Remedial Project Manager (WRPM)
for administration of its responsibilities for oversight of the
day-to-day activities conducted under the Order and for receipt
of all written matter including deliverables required by the
Order The Maine DEP may designate a Maine DEP Project Manager
for the administration of its responsibilities for oversight of
the day-to-day activities conducted under the Order and for
receipt of all written matter including deliverables submitted
to the Maine DEP as required by this Order In addition EPA
will designate a Geographic Section Chief (GSC) who shall have
ultimate responsibility for the approvaldisapproval findings and
comments on Deliverables pursuant to Section XIV of this Order
EPA will submit the name address and telephone number of the
RPM and GSC to the City and the Maine DEP within fourteen (14)
days after the effective date of this Order EPA shall notify
Administrative Order By Consent for Removal Action Saco Municipal Landfill Suparfund Site Page 33
the City and the Maine DEP in writing of any subsequent changes
in the RPM or GSC
45 The RPM shall have the authority vested in the On-Scene
Coordinator and the Remedial Project Manager by the National
Contingency Plan as amended 40 CFR Part 300 This includes
the authority to halt conduct or direct any tasks required by
this Order andor any response action or portions thereof when
conditions may present an imminent and substantial endangerment
to public health or welfare or the environment The absence of
the EPA RPM from the Site shall not be cause for the City to halt
actions at the Site unless specifically directed by the RPM
XI PLACE AND MANNER OF NOTICE
46 Communications between the City and EPA andor the
Maine DEP and all documents including reports approvals
disapprovals written notice and other correspondence concerning
the activities performed pursuant to the terms and conditions of
this Order shall be directed through the Citys Project
Coordinator the EPA RPM and the Maine DEP Project Manager For
each Deliverable provided to EPA one (I) camera ready (unbound)
original shall be submitted along with such additional copies as
are required by the RPM Additionally two (2) copies shall be
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 34
submitted to the Maine DEP Project Manager along with such
additional copies as the Maine DEP Project Manager may request
All such documents submitted pursuant to this Order shall be sent
by certified mail return receipt requested or by overnight
delivery service or by courier to the EPA RPM and the Maine DEP
Project Manager at the following addresses or to such other
addresses as EPA or the State hereafter may designate in writing
Mary Jane ODonnell Chief MEVTCT Superfund Section US Environmental Protection Agency Office of Site Remediation and Restoration - HBT JFK Federal Building Boston MA 02203
Wilkes Harper Maine DEP Bureau of Remediation and Waste Management 17 State House Station Augusta ME 04333-0017
XII OBSERVATION OF THE CITYS ACTIVITIES
47 The City shall allow the EPA RPM EPA and State
employees (including but not limited to the Maine DEPs Project
Manager) agents consultants contractors and authorized
representatives to observe the Citys Work at the Site in
implementing the Removal Action activities pursuant to this
Order All activities under this Order shall comply with the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 35
provisions for respmdash pe action worker safety and health in
29 CFR sect 1910120 EPA and Maine DEP will provide reasonable
notice to the City prior to such observation to the extent
practicable The City shall permit such persons (i) to inspect
and copy all non-privileged records documents files or other
writings that relate in any way to the work at the Site and that
would be available to EPA pursuant to its authority under Section
104(e)(2) of CERCLA (ii) to record all field activities by means
of photographic or other recording equipment (iii) to enter and
to freely move about all property on or about the Site during
field activities and at all other reasonable times (iv) to
conduct such tests as EPA may deem necessary (the results of
which shall be available to the Respondents and (v) to verify
the data submitted to EPA by the City The City shall not assert
privileges with respect to technical data regarding the Site
collected pursuant to any requirement of the RIFS Administrative
Order by Consent this Order or any other EPA or Maine DEP
request
XIII NECESSITY OF FORMAL APPROVAL
48 No informal advice guidance suggestions or comments
whether written or oral by EPA or the Maine DEP regarding
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 36
Deliverables or regarding any orv er written or oral information
submitted by the City to EPA (including any information the City
provides to EPA before during or after meetings) shall be
construed as relieving the City of its obligations to obtain such
formal reviews as may be required by this Order and SOW
XIV DELIVERABLES SUBMITTED TO EPA AND THE MAINE PEP
49 For Deliverables which require EPA Approval as
specified in this Order or the SOW the City shall comply with
the procedures set forth in subsection XIVA below For
Deliverables which require Performing Respondents Certification
as specified in the SOW the City shall comply with the
procedures set forth in subsection XIVB below
50 All Deliverables submitted to EPA and the Maine DEP
shall be delivered to EPA and the Maine DEP in accordance with
the schedule set forth in the SOW or otherwise established under
this Order or as modified in accordance with Section XXXXI All
Deliverables which have not received an Approval or Approval with
Conditions pursuant to subsection XIVA below or which require
the Citys Certification pursuant to subsection XIVB below
shall include the following disclaimer in a prominent location in
the document Disclaimer This document has been prepared by
Administrative Order By Concent for Removal Action Saco Municipal Landfill Superfund Site Page 37
the City pursuant to a government administrative order and has
not received final acceptance from the US Environmental
Protection Agency The opinions findings and conclusions
expressed are those of the authors and not those of the US
Environmental Protection Agency or Maine Department of
Environmental Protection In addition any such Deliverable
which requires EPA Approval pursuant to subsection XIVA below
and which has not received final approval from EPA shall be
marked DRAFT on each page
51 Any Deliverable required by this Order or SOW shall be
incorporated in and become an enforceable part of this Order
upon EPA Approval pursuant to subsection XIVA or upon the
Performing Respondents Certification pursuant to subsection
XIVB whichever applies Delay or noncompliance with such
Deliverables shall be considered delay or noncompliance with
requirements of this Order and the provisions of Section XXX
(Stipulated Penalties) shall apply
A Deliverables Requiring EPA Approval
52 EPA will review each Deliverable which requires EPA
Approval as specified in this Order or Attachment A of the SOW to
determine after reasonable opportunity for review and comment by
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 38
the Maine DEP whether it is consistent wi^b the requirement-^ of
the SOW and the Order and may respond to the City with one or
more of the following findings
a Approval -- means that the City shall proceed with the
next scheduled activity consistent this Order
(including the approved Deliverable)
b Approval with Conditions -- means that the City shall
proceed with the next scheduled activity subject to
certain required modifications or conditions set forth
in the EPA comments In its response EPA will specify
a schedule for resubmitting the Deliverable with the
required modifications or conditions as set forth in
the EPA comments and EPA will specify in writing the
required modifications or conditions If the City
fails to resubmit the Deliverable within the specified
time EPA may order the City to cease work on the
activity or any portion of it until such time as the
modification is made or the condition is met
c Disapproval with Modification Required -- means that
the City shall not proceed until it modifies the
Deliverable to correct the deficiencies delineated in
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 39
EPAs corr(ccergtsl and resubmits the Deliverable for
further EPA review Modifications may be required in
any originally-submitted Deliverable any portions of a
Deliverable or any Deliverable or portion of a
Deliverable resubmitted to EPA EPA will specify a
schedule for resubmitting any Deliverable requiring
modifications
d Disapproval with EPA Modification mdash means that EPA has
determined that it will modify the submission to cure
any deficiencies in the Deliverable andor undertake
the Work or any portion of it itself EPA will include
a brief explanation for its determination within the
Notice of Disapproval with EPA modification The City
agrees to reimburse EPA for the costs of such
modification or such Work undertaken by EPA as
Extraordinary Response Costs pursuant to and subject to
Paragraph 82 of this Order However EPA shall not
modify a submission without first providing the City at
least one notice of deficiency and an opportunity to
cure within seven (7) days of receipt of such notice
except where to do so would cause serious disruption to
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 40
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
53 Any disapproval of a Deliverable will give rise to
stipulated penalties as set out in this Order- stipulated
penalties shall accrue from the time the disapproved Deliverable
was originally due Stipulated penalties shall not be payable
however for Deliverables Disapproved with Modification Required
unless disapproval of a first resubmission is due to a material
defect In the case of Deliverables Disapproved with EPA
Modification pursuant to Paragraph 52d stipulated penalties
shall not continue to accrue after 30 days after the Deliverable
is disapproved except if the City disputes the disapproval in
which case stipulated penalties shall run in accordance with
Section XXX of this Order In the event of a disagreement over
EPAs determination concerning a Deliverable the parties shall
resolve the disagreement in accordance with the Dispute
Resolution Section (Section XXIX) of this Order A determination
of Approval or Approval with Conditions shall not be construed to
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 41
mean that EPA concurs with all conclusions methods or
statements in the Deliverables
B Deliverables Requiring Performing Respondents Certification
54 Each Deliverable requiring the Performing Respondents
Certification as specified in Attachment A of the SOW shall be
certified by the City as provided below Upon submittal to EPA
and the Maine DEP the City shall proceed with the next scheduled
activity consistent with each such Deliverable without further
notification or approval by EPA Each such Deliverable shall
include the following certification signed by the Citys Project
Coordinator
On behalf of the City for whom I have the authority to make this certification I certify to the best of my knowledge and professional judgment after appropriate inquiries of relevant persons involved in the preparation of this Deliverable that the guidance documents specified in the SOW which apply to this Deliverable were reviewed in preparation of this Deliverable I further certify that to the best of my knowledge and professional judgment this Deliverable is in accordance with the SOW and the guidance documents specified therein which apply to this Deliverable I am aware that the City may be subject to stipulated penalties for submitting a Deliverable that is not in conformance with the SOW and the guidance documents specified therein which apply to this Deliverable
55 EPA at its discretion may provide comments to the
City concerning any Deliverable requiring the Performing
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Suparfund Site Page 42
Respondents Certification and after reasonable opportunity for
review and comment by the State may disapprove the Deliverable
and notify the City of deficiencies in writing Upon receipt of
a notice of disapproval with deficiencies the City shall suspend
performance of all action required by the Deliverable and shall
correct the deficiencies and resubmit the Deliverable within
thirty (30) days or such other time period specified by EPA in
the notice of disapproval Notwithstanding a notice of
disapproval the City shall proceed to take any action required
by any non-deficient portion of the Deliverable If EPA
disapproves the Deliverable as resubmitted the City shall be in
violation of the Order and the provisions of Section XXX
(Stipulated Penalties) shall apply
XV MONTHLY PROGRESS REPORTS AND MEETINGS
56 The City shall provide monthly written progress reports
(Progress Reports) to EPA and the Maine DEP as specified in
the SOW Meetings between the RPM the Maine DEP the RPC and
the Consultant may be held at least once per month at the EPA
office in Boston unless EPA designates another location or
determines that a monthly meeting is not required for a
particular month The City id the Consultant and contractor
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 43
engaged to perform the Work under this Order shall also meet with
and make formal presentations to EPA at the completion of major
components of the Removal Action as specified by the EPA RPM
After completion of all construction activities the City may
upon EPA approval reduce the frequency of submission of the
monthly Progress Reports
57 The City shall submit in its monthly progress reports a
summary of results of sampling andor tests and other data
generated by the City by its Consultant and contractor or on
the Citys behalf in the course of implementation of the Order
The City shall furnish the full results and any underlying
documentation to EPA upon request
XVI QUALITY ASSURANCEQUALITY CONTROL
HEALTH AND SAFETY COMPLIANCE
58 While conducting sample collection sample analysis
and construction activities required by this Order the City
shall use quality assurance quality control and chain of
custody procedures in accordance with EPAs Interim Guidelines
and Specifications for Preparing Quality Assurance Project Plan
(December 1980 QAMS-00580) Data Quality Objective Guidance
(EPA540G87003 and 004) subsequent amendments to such
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 44
guidelines the Quality Assurance Project Plan (QAPP) approved
under the RIFS Order and additional quality assurance
procedures for construction activities required in the SOW
59 The City shall prepare a Health and Safety Plan as
required and described in the SOW The Health and Safety Plan
shall be consistent with and implement standards promulgated by
the Secretary of Labor pursuant to CERCLA and Section 6 of the
Occupational Safety and Health Act of 1970
XVII SPLIT SAMPLING
60 At the request of EPA or the Maine DEP the City shall
provide split or duplicate samples to EPA and the Maine DEP or
their authorized representatives of any samples collected by the
City pursuant to the implementation of this Order Similarly
the City shall allow such split or duplicate samples to be taken
by EPA the Maine DEP andor their authorized representatives
The City shall notify EPA and the Maine DEP not less than thirty
(30) days or such lesser time as approved by the EPA RPM in
advance of any sample collection activity Not less than twenty-
one (21) days in advance of sample collection or such lesser
time as approved by the RPM the City shall notify EPA and the
Maine DEP of the sampling date sampling media and the number of
Administrative Order By Convent for Removal Action Saco Hunicipal Landfill Superfund Site Page 45
samples from each media EPA and the Maine DEP shall conduct any
sampling activities in a reasonable manner Upon request EPA
and the Maine DEP shall allow the City to take split or duplicate
samples of any samples they collect as part of their oversight of
the Citys implementation of the Work
XVIII RECORD PRESERVATION
61 During the pendency of this Order and for a period of
not less than six (6) years after EPA approval of the Final
Completion of Removal Action Report the Respondents shall
preserve all records and documents in their possession which
relate in any way to the performance of activities required under
this Order notwithstanding any document retention policy to the
contrary provided that this Paragraph shall not apply to copies
of documents that are generated by the City EPA or the State of
Maine related to this Order that are in the custody of any Non-
Performing Respondent This Paragraph does not alter the
document retention requirements of the RIFS Order and the Cost
Recovery Administrative Agreement The City shall instruct its
consultants contractors and agents to preserve all records and
documents in their possession which relate to the performance of
the activities required under this Order At the conclusion of
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 46
this document retention period the Respondents shall notify JlPA
and the Maine DEP at least ninety (90) days prior to the
destruction of any such records or documents The Respondents
shall send such notice accompanied by a copy of this Order to
Office of Regional Counsel US Environmental Protection Agency JFK Federal Building Boston MA 02203 Attention Saco Municipal Landfill Superfund Site Re Administrative Order by Consent for Removal Action
and Wilkes Harper Maine DEP Bureau of Remediation and Waste Management 17 State House Station Augusta ME 04333-0017
Upon request by EPA the Respondents shall deliver to EPA any or
all such non-privileged records and documents or copies of any
such non-privileged records and documents The Settling Parties
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 Parties
assert such a privilege they shall provide the EPA with the
following (l) the title of the document record or
information (2) the date of the document record or
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 47
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 Parties However no documents reports or other
information created or generated to meet the requirements of the
Order shall be withheld on the grounds that they are privileged
If EPA does not elect to take delivery of any records or
documents or copies thereof upon request by the Maine DEP the
Respondents shall deliver the requested records and documents or
copies thereof to the Maine DEP If neither EPA nor the Maine
DEP elect to take delivery of any records documents or copies
within 90 days of notice to EPA and the Maine DEP the
Respondents may destroy such records or documents as noticed
XIX CONFIDENTIALITY CLAIMS
62 The City may assert a confidentiality claim if
appropriate covering all or part of the information requested by
this Order pursuant to 40 CFR sect 2203(b) Such an assertion
shall be adequately substantiated when it is made Neither
analytical data nor any information specified in Section
104(e)(7)(F) of CERCLA shall be claimed as confidential by the
Administrative Order By Consent for Removal Action Sm -o Municipal Landfill Suprfund Site Page 48
City Information in EPAs custody which is determined to be
confidential by EPA shall be afforded the protection specified by
40 CFR Part 2 Subpart B and Section 104(e)(7) of CERCLA
Information in MEDEPs custody which is determined to be
confidential by EPA shall be afforded the protection specified by
40 CFR Part 2 Subpart B to the extent provided by applicable
Maine law If no such claim accompanies the information when it
is submitted to EPA and the Maine DEP it may be made available
to the public by EPA and the Maine DEP without further notice to
the City
XX SITE ACCESS
63 The City shall grant access to the Site to EPA and the
Maine DEP and their officers employees agents contractors
consultants and other authorized representatives for purposes of
implementing and monitoring work to be performed urder this
Order during field activities and at all other reasonable times
64 To the extent access to use or ownership of or
easements over property other than the Site is required for the
proper and complete implementation of this Order the City shall
use i_3 best efforts to obtain site access agreements or other
interests in such property within ninety (90) days after the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 49
Orders effective date or within forty-five (45) days of when
EPA and the Maine DEP determine that such access or other
interests become necessary if EPA and Maine DEP first determine
that such access or other interests are necessary after the
effective date of this Order For purposes of this Paragraph
best efforts include but are not limited to providing
reasonable consideration in exchange for access to or other
interests in property
65 Such written access agreements or other interests
obtained pursuant to the preceding Paragraph shall at a minimum
allow the Citys authorized representatives and EPA and the
Maine DEP and their officers employees agents contractors
consultants and other authorized representatives to enter freely
and move about the property during field activities and at all
other reasonable times in order to implement and oversee the
implementation of the Work under this Order consistent with the
other provisions of this Order In the event that the City fails
to obtain any necessary access agreements or other interests
within the time period specified above the City shall notify EPA
and the Maine DEP in writing within five (5) days thereafter
Such notification shall include a description of the efforts made
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 50
by the City to obtain the necessary access and other interests
and the reason for its lack of success The City shall reimburse
EPA for the costs of any action necessary to obtain access as
Extraordinary Response Costs pursuant to and subject to the terms
of Paragraph 82
XXI ENDANGERMENT AND EMERGENCY RESPONSE
66 Upon the occurrence of any event or change of
conditions during implementation of this Order that causes or
threatens any release of hazardous substances pollutants or
contaminants from the Site that endangers the public health
welfare or the environment the City shall immediately take all
appropriate action to prevent abate or minimize such release or
endangerment The City shall also orally notify the EPA and
Maine DEP RPMs within twenty-four (24) hours or in the event of
the EPA RPMs unavailability shall notify within the same period
the Regional Duty Officer of the Emergency Planning and Response
Branch EPA Region I telephone (617) 223-7265 The City shall
act in accordance with all applicable provisions of the Health
and Safety Plan prepared pursuant to the Statement of Work
67 The City shall submit a written report to EPA and the
Maine DEP within seven (7) days after each such event setting
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 51
forth (i) the events that have occurred (ii) the measures caken
and to be taken to mitigate any harm caused or threatened by the
event and (iii) the measures taken and to be taken to prevent
the recurrence of such an event
68 Regardless of whether or not such a report is made to
EPA if EPA determines after reasonable opportunity for review
and comment by the Maine DEP to the extent time permits that
activities in compliance or noncompliance with this Order have
caused or may cause a release of a hazardous substance pollutant
or contaminant that endangers the public health or welfare or the
environment EPA may (i) order the City to stop further
implementation of this Order for such period of time as may be
needed to abate such release or threat (ii) instruct the City to
undertake any action which EPA determines is necessary to abate
such a release or threat andor (iii) undertake any action not
inconsistent with the NCP which EPA determines is necessary to
abate such a release or threat
69 In the event that EPA takes action at the Site to remedy
such a release threat of release or endangerment the City
shall reimburse EPA for the costs of such action not inconsistent
with the NCP as Extraordinary Response Costs pursuant to and
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 52
subject to the terms of Paragraph 82 In the event of a
disagreement between the City and EPA andor the Maine DEP under
this Paragraph the parties shall resolve such dispute in
accordance with the Dispute Resolution provisions in Section
XXIX
XXII ADDITIONAL RESPONSE ACTIONS
70 EPA after reasonable opportunity for review and
comment by the Maine DEP may determine that additional response
actions are necessary to carry out the Removal Action or to meet
the performance standards specified in the Action Memorandum and
the SOW Within 30 days of the Citys receipt of notice from EPA
that additional response actions are necessary (or such longer
time as may be specified by EPA) the City shall submit for EPA
approval after reasonable opportunity for review and comment by
the Maine DEP a work plan for the additional response actions
The plan shall conform to this Order the SOW CERCLA the NCP
and guidance documents identified by EPA Upon EPA approval of
the work plan pursuant to Section XIV (Deliverables Submitted to
EPA) the City shall implement the work plan for additional
response actions in accordance with the schedule contained
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 53
therein All applicable provisions of this Order shall apply to
the performance of additional response actions
71 The City may independently propose that additional
response actions are necessary to carry out the Removal Action or
to meet the performance standards specified in the Action
Memorandum and the SOW In the event EPA after reasonable
opportunity for review and comment by the Maine DEP accepts the
Citys proposal the procedures in the preceding Paragraph shall
govern
72 The City may invoke the procedures set forth in Section
XXIX (Dispute Resolution) to dispute EPAs determination that
additional response actions are necessary to carry out the
Removal Action or to meet the performance standards specified in
the SOW
XXIII OFF-SITE POLICY
73 All hazardous substances pollutants or contaminants
removed off-site pursuant to this Order for treatment storage
or disposal shall be treated stored or disposed of at a
facility in compliance with Section 121(d)(3) of CERCLA as
determined by EPA in accordance with 40 CFR sect 300440 The
removal treatment storage and disposal of all hazardous
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 54
substances pollutants or contaminants she- be in accordancj
with the Maine hazardous waste transportation law to the extent
applicable and all other applicable Maine law
74 The City shall prior to any off-site shipment of
hazardous substances pollutants or contaminants from the Site
pursuant to this Order to an out-of-state waste management
facility provide written notification of such shipment to the
appropriate state environmental official in the receiving
facilitys state and to the EPA RPM and the Maine DEP 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 or where the Maine Hazardous Waste
Management Regulations do not require notification
75 The City shall include in the written notification the
following information (1) the name and location of the facility
to which the hazardous substances pollutants or contaminants
are to be shipped (2) the type and quantity of the hazardous
substances pollutants or contaminants to be shipped (3) the
expected schedule for the shipment and (4) the method of
transportation The City shall notify the state in which the
planned receiving facility is locat d of major changes in the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 55
shipment plan such as a decision to ship the hazardous
substances pollutants or contaminants to another facility within
the same state or to a facility in another state
XXIV OTHER APPLICABLE LAWS
76 Except as otherwise provided pursuant to the next
Paragraph and Section 121(e) of CERCLA all activities undertaken
by the City pursuant to this Order shall be performed in
accordance with the requirements of all applicable federal and
state laws and regulations
77 Solely with regard to on-site activities and in
accordance with 40 CFR sect 300415(i) such activities
undertaken on the Site by the City pursuant to this Order shall
attain applicable or relevant and appropriate requirements
(ARARs) under federal and state environmental laws to the
extent practicable considering the exigencies of the situation
as determined by EPA EPA has determined that the ARARs
specified in the Action Memorandum are practicable to attain for
construction of the landfill cap and sediment removal
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 56
XXV COMMUNITY RELATIONS
78 EPA shall be responsible for preparing a Community
Relations Plan and conducting a community relations program The
City and the Consultant engaged to conduct the Removal Action
under this Order shall consistent with the Community Relations
Plan (i) attend and participate in public meetings regarding
the Site to the extent specified by the RPM (ii) prepare fact
sheets concerning the Site and activities conducted under this
Order for submission to the RPM and (iii) provide timely and
appropriate responses to inquiries from the public at the request
of the RPM
XXVI FINANCIAL ASSURANCE INSURANCE
79 Within thirty (30) days after the effective date of
this Order and annually thereafter until EPA approval of the
Final Completion of Removal Action Report the City shall
demonstrate in writing to EPA that it meets one (1) of the
financial assurance mechanisms specified in 40 CFR sect 264143
for the estimated $60 million cost of work to be performed by
the City under this Order If the City can show that the
estimated cost to complete the remaining Work has diminished
below the total estimated cost of the Work the City may on any
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 57
anniversary date of the effective date of this Order or at any
other time agreed to by the Parties reduce the amount of the
financial assurance provided under this Section to the estimated
cost of the remaining Work to be performed The City shall
submit a proposal for such reduction to EPA and the Maine DEP in
accordance with the requirements of this Section and may reduce
the amount of the assurance upon approval by EPA after reasonable
opportunity for review and comment by the Maine DEP In the
event of a dispute the City may reduce the amount of the
assurance in accordance with the final administrative decision
resolving the dispute under the Dispute Resolution Section
80 At least seven (7) days prior to commencing any on-site
work under this Order the City shall secure through itself or
its consultant and shall maintain for the duration of this
Order comprehensive general liability and automobile insurance
with limits of two (2) million dollars combined single limit
The United States and the Maine DEP shall each be named as an
additional insured for all such insurance policies except
automobile insurance policies Within the same time period the
City shall provide EPA and the Maine DEP with certificates of
such insurance and a copy of each insurance policy If the City
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 58
demonstrates to EPA that any Consultant contractor or
subcontractor maintains insurance equivalent to that described
above or insurance covering the same risks but in a lesser amount
and with EPA and the Maine DEP named as insureds then the City
need provide only that portion of the insurance described above
which is not maintained by the Consultant contractor or
subcontractor
81 For the duration of this Order the City shall satisfy
or shall ensure that its Consultant contractors and
subcontractors satisfy all applicable laws and regulations
regarding workers compensation insurance for all persons
performing the Work on behalf of the City in furtherance of this
Order
XXVII REIMBURSEMENT OF EPA EXTRAORDINARY RESPONSE COSTS
82 The City shall reimburse the Hazardous Substances
Superfund for all Extraordinary Response Costs not inconsistent
with the NCP including interest incurred after the effective
date of this Order by the United States in connection with the
Removal Action or the implementation of this Order pursuant to
Paragraphs 52d 65 69 102 and 104 including without
limitation Extraordinary Response Costs incurred by EPA under or
Administrative Order By Connent for Removal Action Saco Municipal Landfill Superfund Site Page 59
in connection with a contract or arrangement between EPA and a
qualified person to assist EPA in conducting activities required
under this Order pursuant to Paragraphs 52d 65 69 102 and
104 Reimbursable Extraordinary Response Costs shall include all
direct costs related to Paragraphs 52d 65 69 102 and 104 and
all indirect costs related to Paragraphs 52d 65 69 102 and
104 calculated in accordance with EPA policy or EPA regulations
in effect at the time that the costs are incurred including
without limitation time and travel costs of EPA personnel
contractor costs costs under a cooperative agreement costs
related to resolving disputes which arise under this Order
related to Work performed by EPA pursuant to Paragraphs 52d 65
69 102 and 104 enforcing obligations arising from EPAs
performance of Work pursuant to Paragraphs 52d 65 69 102 and
104 of this Order the costs of doing andor redoing any of the
Citys obligations under this Order with respect to Paragraphs
52d 65 69 and 102 of this Order EPA contractor and
cooperative agreement costs related to access and community
relations with respect to Paragraphs 52d 65 69 102 and 104
of this Order and any interest that accrues from the date on
which payment becomes due pursuant to the next Paragraph
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 60
83 On an annual basis EPA will submit to the City an
accounting of costs related to this Order that EPA has incurred
and a bill for Extraordinary Response Costs incurred by EPA with
respect to Paragraphs 52d 65 69 102 and 104 of this Order if
EPA has incurred any such costs This bill will consist of a
line-item summary of costs incurred during the preceding year
the summary will include a breakdown of costs by category
including without limitation payroll travel indirect costs and
contracts and a brief narrative of work related to such costs
(generally one to two paragraphs in length) The City shall
within thirty (30) days after receipt of each such bill remit a
certified check payable to the Hazardous Substances Superfund for
the amount of such bill The City shall include the name of the
Site the Site identification number (01-B9) and the docket
number for this Order on the check and mail the check with a
cover letter to
US Environmental Protection Agency Region I
Attn Superfund Accounting PO Box 360197 M
Pittsburgh PA 15251
A copy of the transmittal letter and the check shall be provided
simultaneously to the EPA Remedial Project Manager
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 61
84 If the City disputes a bill or any portion of a bio1
submitted by EPA the City may initiate dispute resolution
pursuant to the procedures of Section XXIX provided however
that the City notify EPA in writing within thirty (30) days after
receipt of the disputed bill and that the City pay all undisputed
portions of the bill in accordance with the provisions of this
Reimbursement Section Unless a determination is made under
dispute resolution that the City is not obligated to pay the
disputed portion of the bill the time for payment of the
disputed portion shall remain the original payment due date
interest shall accrue on any unpaid portion of the bill from the
original payment due date and EPA may seek stipulated penalties
or otherwise act to enforce the Citys compliance with this
Section and the Order If the City fails to raise a dispute
within thirty (30) days of its receipt of the bill the City
remains obligated for payment of the entire amount of the bill on
the original payment due date interest shall accrue on any
unpaid portion of the bill from the original payment due date
and EPA may seek stipulated penalties or otherwise act to enforce
the Citys compliance with this Section and the Order
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 62
XXVIII FORCE MAJEPRE
85 With respect to the Citys compliance with any deadline
for performance of activities under this Order any interim or
final time deadline or any Deliverables schedule set forth in
this Order or SOW no stipulated penalties or other sanctions
will be imposed for delay directly caused by the following events
which could not have been overcome by the Citys due diligence
(i) an act of God or (ii) the public review and comment process
as described in or required by Sections XXII (Additional Response
Actions) or Section XXV (Community Relations) of this Order so
long as the City timely submits all deliverables and meets other
requirements related to those Sections or (iii) any other event
arising from causes beyond the control of the ity including its
consultants contractors and agents However increases in the
cost of performance of the Removal Action shall not excuse
compliance or affect the applicability of the penalty provisions
or other sanctions which are provided for under this Order
Deadlines for performance of activities under this Order
including interim or final time deadlines and Deliverables
schedules set forth in this Order or SOW may be extended only to
the extent that delays caused by conditions specified in (i)
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 63
(ii) and (iii) above materially interfered with or prevented the
Citys execution of its responsibilities during the period of
such delay and no penalties or sanctions will become due for
activities which meet any deadline so extended The City further
agrees to use its most diligent efforts to minimize any delay
which may result The City acknowledges that it will have the
burden of justifying the rationale for delay in performance under
this Section
86 The City shall orally notify the EPA RPM and the Maine
DEP within forty-eight (48) hours of when the City first knew
that the event might cause a delay and shall identify with
specificity the cause of such delay and the estimated duration of
such delay Within seven (7) days after the City first becomes
aware that such event might cause a delay the City shall supply
to EPA and the Maine DEP in writing an explanation of the
cause(s) of any actual or expected delay or noncompliance the
anticipated duration of any delay the measures taken and to be
taken by the City to prevent or minimize the delay or correct the
noncompliance and the timetable for implementation of such
measures Failure to notify EPA and the Maine DEP shall result
in a waiver of the Citys right to assert that the delay should
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 64
be excused under the terms of this Section for the period of time
of such failure to notify and for any additional delay caused by
such failure The City shall be deemed to know of any
circumstance of which the City any entity controlled by the
City or the Citys contractors or subcontractors knew or should
have known In the event of a disagreement under this Section
the parties shall resolve such disagreement in accordance with
the Dispute Resolution Section of this Order Section XXIX
87 If EPA after reasonable opportunity for review and
comment by the Maine DEP determines that a delay in performance
of a requirement under this Order is or was attributable to an
event specified in (i) through (iii) of Paragraph 85 above the
time period for performance of that requirement shall be extended
by EPA to the extent necessary Such an extension shall not
alter the Citys obligation to perform or complete other tasks
required by the Order which are not directly affected by the
force majeure event If EPA after a reasonable opportunity for
review and comment by the Maine DEP does not agree that the
delay or anticipated delay has been or will be caused by such
an event EPA will notify the City in writing of its decision
If EPA after a reasonable opportunity for review and comments by
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 65
the Maine DEP agrees that the delay is attributable to such an
event EPA will notify the City in writing of the length of the
extension if any for performance of the obligations affected by
the event
XXIX DISPUTE RESOLUTION
88 If the City objects to any EPA notice of disapproval or
decision made pursuant to this Order including any decision
which has resulted in the assessn it of stipulated penalties any
scheduling matter or in the event of circumstances that arise
that are subject to the Citys right to invoke Dispute Resolution
elsewhere in this Order or in the Cost Recovery Administrative
Agreement the City shall notify EPA and the Maine DEP in writing
of its objections within five (5) days of receipt of the notice
decision or other circumstance EPA in consultation with the
Maine DEP and the City shall communicate on the disputed matter
and shall have fourteen (14) days from the receipt by EPA and the
Maine DEP of the notification of objection to reach agreement
If agreement cannot be reached on any issue within this fourteen
(14) day period the City shall have five (5) additional days to
submit its position in writing to the EPA Director of OSRR The
Director of OSRR after reasonable opportunity for review and
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 66
comment by the Maine DEP shall provide a written determination
to the City within five (5) days of receipt of that
determination unless EPA agrees to a later time the City shall
initiate implementation of the activities required by the EPA in
accordance with the schedule provided by EPA which schedule
shall be subject to Dispute Resolution unless it has already
been or could have been subject to Dispute Resolution Except
as specifically provided herein dispute resolution among the
parties shall not be cause for the delay of the Work In
addition stipulated penalties as set out below if applicable
will continue to accrue during the dispute resolution period
except as provided in Paragraphs 94 and 95 No EPA decision made
pursuant to this Paragraph shall constitute a final Agency action
giving rise to judicial review
89 In the event that the City does not implement the
activities required by the EPA determination pursuant to
Paragraph 88 EPA or the Maine DEP may take such enforcement
actions against the City as may be provided by statutory or
equitable authorities including but not limited to the
assessment of such civil penalties or damages as are authorized
by Sections 122 and 109 of CERCLA and Maine law
Administrative Order By Conaent for Removal Action Saco Municipal Landfill Superpoundund Site Page 67
XXX STIPULATED
90 The Respondents shall be liable to EPA and MEDEP for
stipulated penalties in the amounts set forth in this Section for
failure to comply with the requirements of this Order andor the
SOW unless compliance is excused by EPA under Section XXVIII
(Force Majeure) Compliance by the City shall include but not
be limited to the timely and adequate submission of Deliverables
and performance of activities under this Order in accordance with
all applicable requirements of law this Order the SOW and any
Deliverables which have received EPA Approval or the Performing
Respondents Certification pursuant to this Order Compliance
by the Non- Per forming Respondents shall mean timely compliance
with Paragraph 96 of this Order
91 The following stipulated penalties shall be payable per
violation per day to EPA and MEDEP jointly in accordance with
Paragraph 94 for any noncompliance except those identified in
Paragraphs 92 or 93
Penalty Pet Violation Period of Noncompliance Per Day _
$ 750 1st through 14th day $ 1500 15th through 30th day $ 3000 31st day and beyond
Administrative Order By Concent for Removal Action Saco Municipal Landfill Superfund Site Page 66
92 The following stipulated penalties shall be payable per
violation per day to EPA and the MEDEP jointly in accordance with
Paragraph 94 for the submission or resubmission of an untimely or
substantially defective 100 NTCRA Design or an untimely or
substantially defective Final Completion of Removal Action Report
pursuant to the SOW
Penalty Per Violation Period of Toncompliance Per Day
$ 1500 1st through 14th days $ 3000 15th day through 30th day $ 5000 31st day and beyond
93 In the event that the City fails to submit timely or
adequate progress reports or meeting letter reports pursuant to
the SOW the City shall be liable to EPA and MEDEP jointly in
accordance with Paragraph 94 for stipulated penalties of $500
(five hundred dollars) per violation per day
94 Penalties shall begin to accrue on the day after
performance 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 except that
stipulated penalties shall not accrue (1) with respect to any
Disapproval with Modification Required or Disapproval with EPA
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 69
Modification under Section XIV of this Order during the period
if any beginning on the 31st day after EPAs receipt of such
submission until the date that EPA notifies the City of any
deficiency (2) with respect to a decision by the Director of the
Office of Site Remediation and Restoration under Section XXIX of
this Order during the period if any beginning on the 21st day
after the date the Citys reply to EPAs Statement of Position is
due until the date the Director issues a final decision regarding
such dispute and (3) beyond thirty days after the Director of
the Office of Site Remediation and Restoration issues a final
decision regarding a dispute about a Deliverable Disapproved with
EPA Modification pursuant to Paragraph 52d Any penalty
otherwise accruing under Paragraphs 91 92 or 93 shall be due and
payable within thirty (30) days of the receipt of a written
demand by EPA or the Maine DEP except as provided in aragraph
95 In assessing stipulated penalties for delay caused by a
negative referendum vote on future funding necessary for timely
compliance with this Order EPA and Maine DEP shall weigh all
considerations including the length of the delay caused by the
vote and efforts by City officials to inform the voters about
the need for funding- provided however that a negative
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 70
referendum vote on funding necessary for timely compliance with
this Order shall not affect the Citys obligations to comply with
this Order or any schedule contained herein Stipulated
penalties shall be divided between EPA and the Maine DEP in the
following manner 75 for EPA and 25 for the Maine DEP
Payment of EPAs portion of such penalty shall be made by
certified check payable to the Hazardous Substances Superfund
and mailed to the following address with a notation of the docket
number of this Order
Region I US Environmental Protection Agency
Attn Superfund Accounting PO Box 360197 M
Pittsburgh PA 15251
A copy of the certified check to EPA shall be sent to the
Remedial Project Manager within five (5) days of payment
Payment of the Maine DEPs portion of such penalty shall be made
by certified check payable to the Maine Uncontrolled Sites Fund
and mailed to the following address
Director Division of Sites Investigation amp Remediation Maine DEP
State House Station 17 Augusta ME 04333
Administrative Order By Concent for Removal Action Saco Municipal Landfill Superfund Site Page 71
A copy of the certified check to the Maine DEP shall be sent to
the Maine DEP Project Manager within five (5) days of payment
The stipulated penalties set forth in this Section do not
preclude EPA or the Maine DEP from electing to pursue any other
remedies or sanctions which may be available to EPA or the Maine
DEP by reason of the Respondents failure or refusal to comply
with any requirement of this Order Such remedies and sanctions
include without limitation injunctive relief the assessment of
such civil penalties or damages as are authorized by Sections 122
and 109 of CERCLA or state law or the performance of a
federally-funded response action or state-funded response action
and a corresponding suit for reimbursement of costs incurred by
the United States or the State of Maine Notwithstanding any
other provision of this Section EPA may in its unreviewable
discretion waive any portion of stipulated penalties that have
accrued pursuant to this Order
95 If the City invokes dispute resolution regarding any
decision which has resulted in the assessment of stipulated
penalties stipulated penalties shall continue to accrue during
the dispute resolution process except as otherwise provided in
this Order Within thirty (30) days after receipt of the EPA
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 72
determination rendered pursuant to Paragraph 88 in which EPA
prevails in whole or in part the City shall pay pursuant to
Paragraph 94 the stipulated penalties arising from those matters
on which the City does not prevail At that time the City shall
also pay interest on any stipulated penalties which had accrued
up to the day the City invoked Dispute Resolution If the City
prevails on the disputed matter then no stipulated penalties are
due
XXXI PAYMENT BY NON-PERFORMING PARTIES
96 By May 30 1997 each Non-Performing Respondent shall
pay its individual share of the total sum of $97050000 into a
qualifying settlement fund for the City to use to undertake
response activities related to the Site Payment shall be made
by certified check payable to KeyBank National Assoc (Attn
Leon J Bien) Escrow Agent and mailed with a transmittal letter
to the following address
KeyBank National Association Escrow Agent One Canal Plaza Portland Maine 04101
Attn Mr Leon J Bien
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 73
Non-Performing Respondents shall provide notice of such payment
to EPA by mailing a copy of the transmittal letter and check to
the EPA RPM at the address set forth in Section XI of this Order
XXXII CIVIL PENALTIES FOR NONCOMPLIANCEENFORCEMENT
97 The City is advised that violations of this Order or
any portion thereof may subject it to civil penalties of up to
$25000 per violation and $25000 for each day in which such
violation continues as provided in Sections 106(b)(1) 109 and
122 of CERCLA 42 USC sectsect 9606(b)(l) 9609 and 9622 The City
may also be subject to damages in an amount up to three times the
amount of any cost incurred by the United States as provided in
Section 107(c)(3) of CERCLA 42 USC sect 9607(c)(3) Violations
of this Order also may subject the City to civil penalties
injunctive actions and cost reimbursement under Maine law
including without limitation 38 MRSA Sections 347-A 348
349 1365 1366 and 1367 (1989 and Supp 1997)
XXXIII COVENANT NOT TO SUE DENIAL OF LIABILITY
98A In consideration of the actions that will be
performed and the payments that will be made by the Respondents
under the terms of this Order and except as specifically
provided in Section XXXV of this Order EPA covenants not to sue
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 74
or to take administrative action against the Respondents pursuant
to Sections 106 and 107(a) of CERCLA or Section 7003 of RCRA for
the Work this Order including performance of the Removal
Action and for recovery of all Extraordinary Response Costs
associated with this Order incurred by EPA and paid by the City
With respect to the City these covenants not to sue shall i)
take effect for Work completed prior to EPAs approval of the
Completion of Removal Action Report upon notification by EPA that
the City has completed all construction activities required under
this Order and the City has submitted and EPA has approved the
Completion of Removal Action Report and ii) take effect for Work
completed after EPAs approval of the Completion of Removal
Action Report upon notification by EPA that the City has
completed all actions required under this Order (including all
Post-Removal Site Control and reimbursement of Extraordinary
Response Costs) These covenants not to sue shall take effect
with respect to the Non-Performing Respondents upon notification
by the Non-Performing Respondents that they have complied with
Paragraph 96 of this Order These covenants not to sue are
conditioned upon the satisfactory performance by the Respondents
of their respective obligations under this Order These
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 75
covenants not to sue extend only to the Respondents and do not
extend to any other person Under this Order Respondents are
not released from liability if any for any actions taken beyond
the terms of this Order regarding other removal actions remedial
investigationfeasibility studies related to any other operable
unit remedial designremedial action related to any other
operable unit operation and maintenance of any other remedial
action or activities arising pursuant to Section 121(c) of
CERCLA 42 USC sect 9621(c)
B In consideration of the actions that will be performed
and the payments that will be made by the Respondents under the
terms of this Order and except as specifically provided in
Section XXXV of this Order the State of Maine covenants not to
sue or to take administrative action against the Respondents
pursuant to Section 107(a) Of CERCLA 38 MRSA Sections 1304
and 1365 (1989 and Supp 1997) and other applicable state law
including common law for the Work this Order including
performance of the Removal Action the RIFS Order and the
activities thereunder and for recovery of all response costs
associated with this Order fully addressed by an EPA cooperative
agreement and any grants or payments made by the State to the
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Superfund Site Page 76
City to reimburse the City for landfill capping costs and
including all activities required to be performed and costs
related thereto under Prior MEDEP Orders and Consent Decrees to
the extent that they are inconsistent with this Order and any
such Prior MEDEP Orders and Consent Decrees are hereby superseded
to the extent that they are inconsistent with this Order With
respect to the City these covenants not to sue shall i) take
effect for Work completed prior to EPAs approval of the
Completion of Removal Action Report upon notification by EPA that
the City has completed all construction activities required under
this Order and the City has submitted and EPA has approved the
Completion of Removal Action Report and ii) take effect for Work
completed after EPAs approval of the Completion of Removal
Action Report upon notification by EPA that the City has
completed all actions required under this Order (including all
Post-Removal Site Control and reimbursement of Extraordinary
Response Costs) These covenants not to sue shall take effect
with respect to the Non-Performing Respondents upon notification
by the Non-Performing Respondents that they have complied with
Paragraph 96 of this Order These covenants not to sue are
conditioned upon the satisfactory performance by the Respondents
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Superfund Site Page 77
of their respective obligations under this Order These
covenants not to sue extend only to the Respondents and do not
extend to any other person Under this Order Respondents are
not released from liability if any for any actions taken beyond
the terms of this Order regarding other removal actions remedial
investigationfeasibility studies related to any other operable
unit remedial designremedial action related to any other
operable unit or operation and maintenance of any other remedial
action
99 The execution of this Order and Respondents
participation herein is not an admission by the Respondents of
liability with respect to any issue dealt with in this Order nor
is it an admission by the Respondents of any Finding of Fact
Conclusion of Law or Determination contained in this Order
Furthermore the participation of Respondents in this Order shall
not be considered an admission of liability and is not admissible
in evidence against the Respondents in any judicial or
administrative proceeding other than (a) a proceeding by the
United States including EPA or the State of Maine including
the Maine DEP to enforce this Order or a judgment relating to
it or (b) a proceeding to enforce any agreement between the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 78
Performing Respondent and Non-Performing Respondents regarding
the Site or to enforce a judgment related to such agreement
XXXIV CONTRIBUTION PROTECTION
100 With regard to claims for contribution against the
Respondents the Parties hereto agree that the Respondents are
entitled to such protection from contribution actions or claims
as is provided by Section 113(f)(2) of CERCLA 42 USC
sect 9613 (f) (2) and 38 MRSA sect 348(4) for all matters
addressed by this Order The matters addressed are Past
Response Costs RIFS Response Costs Response Costs Oversight
Costs Extraordinary Response Costs all costs incurred by the
State of Maine related to Prior MEDEP Orders and Consent Decrees
for which reimbursement may be sought payments pursuant to
Paragraph 96 and Work The Parties agree that the Respondents
are entitled to such protection upon the effective date of this
Order Nothing in this Order precludes the United States the
Maine DEP or Respondents from asserting any claims causes of
action or demands against any persons not parties to this Order
for indemnification contribution or cost recovery
XXXV EPAS AND THE STATES RESERVATION OF RIGHTS
101 A The covenants not to sue set forth in Section
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 79
XXXIII do not pertain to any matters other r n these expressly
specified in that Section EPA reserves and this Order is
without prejudice to all rights against each Respondent with
respect to all other matters including but not limited to the
following
a claims based on a failure by any Respondent to meet any
requirement specified for that Respondent under this Ordershy
b liability arising from the past present or future
disposal release or threat of release of hazardous
substances pollutants or contaminants outside of the Site
c liability arising from future disposal at the Site other
than as provided in the Action Memorandum or this Order or
otherwise ordered by EPA
d liability for damages for injury to destruction of or
loss of natural resourcesshy
e liability for response costs that have been or may be
incurred by the National Oceanic and Atmospheric
Administration and the Department of the Interiorshy
f criminal liability
g liability for violations of federal or state law which
occur during or after implementation of the Removal Actionshy
Administrative Order By Conaent for Removal Action Saco Municipal Landfill Superfund Site Page 80
h liability for response costs incurred at the Site which
are not addressed by Section XXVII of this Order
(Reimbursement of EPA Extraordinary Response Costs) or by
the Cost Recovery Administrative Agreement (Docket No
CERCLA 1-97-1010) and
i liability for response actions at the Site that are not
required to be performed by the City pursuant to this Order
B The covenants not to sue set forth in Section XXXIII do not
pertain to any matters other than those expressly specified in
that Section The State of Maine reserves and this Order is
without prejudice to all rights against the Respondents with
respect to all other matters including but not limited to the
following
a claims based on a failure by any Respondent to meet any
requirement specified for that Respondent under this Order
b liability arising from the past present or future
disposal release or threat of release of hazardous
substances pollutants or contaminants outside of the Siteshy
c liability for damages for injury to destruction of or
loss of natural resources
d criminal liabilityshy
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 81
e liability for violations of federal or state law wh^ch
occur during or after implementation of the Removal Action
g liability for Oversight Costs incurred by the State at
the Site to the extent that they are not fully addressed by
future cooperative agreements between EPA and MEDEP and
h liability for response actions at the Site that are not
required to be performed by the City pursuant to this Order
102 EPA retains the right to undertake any obligations of
the City under this Order provided that EPA has determined that
one of the following conditions has been met the City has ceased
implementation of any portion of the Work is seriously or
repeatedly deficient or late in their performance of the Work
has failed to comply with this Order or is implementing the Work
in a manner which may cause an endangerment to human health or
the environment If EPA undertakes any obligations under this
Order pursuant to this Paragraph including implementation of
institutional controls the City must reimburse EPA for all costs
incurred as a result of the takeover that are consistent with the
NCP as Extraordinary Response Costs The City may invoke the
procedures set forth in Section XXIX (Dispute Resolution) to
dispute EPAs determination that takeover of the obligations of
Administrative Order By Consent for Removal Action Slaquoco Municipal Landfill Superfund Site Page 82
the City under this Order is warranted or that the costs incurred
were consistent with the NCP
103 Notwithstanding any other provision of this Order
except as set forth in Section XXXIII (Covenant not to Sue) EPA
and the State of Maine shall retain all of their response
information gathering entry inspection and enforcement
authorities and rights under CERCLA and under any other
applicable law regulation or permit
104 The City shall reimburse EPA for costs incurred by the
United States to enforce this Order or the Cost Recovery
Administrative Agreement as Extraordinary Response Costs in
accordance with the reimbursement procedures provided by Section
XXVII (Reimbursement of Extraordinary Response Costs)
XXXVI RESPONDENTS COVENANT NOT TO SUE
105 Covenant Not to Sue Subject to the reservations in
Paragraphs 106 and 107 Respondents hereby covenant not to sue
and agree not to assert any claims or causes of action against
the United States or the State including any department agency
or instrumentality of the United States or State with respect to
this Order including but not limited to
a any direct or indirect claim for reimbursement from
Administrative Order By Conaent for Removal Action Saco Municipal Landfill Superfund Site Page 83
the Hazardous Substance Superfund (established pursuant to the
Internal Revenue Code 26 USC sect 9507) through CERCLA Sections
106(b)(2) 107 111 112 113 or any other provision of law
b any claims under CERCLA Sections 107 or 113 related
to this Order
c any claims for payment under sections 106(b) 111
and 112 of CERCLA the Constitution of the United States the
Tucker Act 28 USC sect 1491 or at common law against the State
EPA or the Hazardous Substance Superfund arising out of any
action performed under this Order any related access matters
and related institutional controls or
d any claims arising out of response activities in
connection with this Order including claims based on EPAs and
the States selection of response actions oversight of response
activities or approval of plans for such activities
XXXVII RESPONDENTS RESERVATION OF RIGHTS
106 The Respondents reserve and this Order 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 wrongful act or
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 84
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 USC sect 2671 nor
shall any such claim include a claim based on EPAs selection of
response actions or the oversight or approval of the
Respondents plans or activities The foregoing applies only to
claims which are brought pursuant to any stat- -e other than
CERCLA and for which the waiver of sovereign immunity is found in
a statute other than CERCLA
107 Except as set forth in this Order the Respondents
expressly reserve all rights and defenses that each or any of
them may have in law or in equity for any claims or causes of
action it may have against any party including the United States
and the State and their respective agencies departments and
instrumentalities Any claims not expressly waived by the
Respondents shall be deemed reserved Notwithstanding any
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 85
obligations in this Order requiring the Respondents to make any
records documents or any other materials available to EPA
nothing herein shall be construed to be a waiver of any rights
Respondents may have to assert the attorney-client privilege or
the attorney work product doctrine as to those materials except
where such materials contain information specified in section
104(e)(6)(F) of CERCLA 42 USC sect 9604(e)(6)(F)
XXXVIII OTHER CLAIMS
108 Except as expressly provided in Section XXXIII
(Covenant Not to Sue) nothing in this Order constitutes a
satisfaction of or a release from any claim or cause of action
against the Respondents or any person not a party to this Order
for any liability such person may have under CERCLA other
statutes or the common law including but not limited to any
claims of the EPA for costs damages and interest under sections
106(a) and 107(a) of CERCLA This Order does not constitute a
preauthorization of funds under section 111(a)(2) of CERCLA No
action or decision by EPA pursuant to this Order shall give rise
to any right to judicial review except as set forth in section
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 86
113(h) of CERCLA
XXXIX INDEMNIFICATION
109 The United States and the State do not assume any
liability by entering into this Order or without limitation by
virtue of any designation of the City as EPAs authorized
representative under section 104(e) of CERCLA 42 USC
sect 9604(e) The City agrees to indemnify and save and hold
harmless the United States Government the State of Maine and
their agencies departments agents officers employees and
representatives from any and all claims or causes of action
arising from or on account of negligent acts or omissions of the
City its officers employees agents servants receivers
successors trustees assignees or contractors in carrying out
the activities pursuant to this Order including but not limited
to any claims arising from any designation of the City as EPAs
authorized representative under section 104 (e) of CERCLA 42
USC sect 9604(e) Neither the United States nor the State shall
be held out as a party to or in any other way be held liable
under any contract entered into by the City or by the Consultant
or any contractor in carrying out the activities pursuant to this
Order Neither the City nor any such Consultant or contractor
Administrative Ordr By Consent for Removal Action Saco Municipal Landfill Suprfund Sit Fag 87
shall be considered an agent of the United States or the State
Notwithstanding any of the above this agreement to indemnify and
hold harmless does not include claims or causes of action arising
from or on account of acts or omissions of the United States and
its agencies departments agents officers employees and
representatives
XXXX WAIVER OF SETTLEMENT CONFERENCE
110 In consideration of the communications among the
Respondents and EPA regarding the terms of this Order prior to
its issuance the Respondents hereby agree that there is no need
for a settlement conference prior to the effective date of this
Order
XXXXI MODIFICATION OF ORDER
111 This Order with the exception of the Statement of Work
(Appendix B) or attachments or Deliverables thereunder may only
be modified upon the written agreement of EPA by signature of the
Director of the Office of Site Remediation and Restoration the
Maine DEPs Director of the Bureau of Remediation and Waste
Management and an authorized officer of each of the Respondents
The Statement of Work any attachments thereto or any accepted
Deliverables may be modified upon signature of the EPA Geographic
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 88
Section Chie subject to the Citys right to invoke Dispute
Resolution
XXXXII SEPARATE DOCUMENTS
112 This Order may be executed in two or more counterparts
each of which shall be deemed an original but all of which
together shall constitute one and the same instrument
XXXXIII EFFECTIVE DATE
113 This Order shall be effective five (5) days after the
City receives notice that the Director of the Office of Site
Remediation and Restoration has signed the Order All times for
performance of activities under this Order shall be
calculated from the effective date
XXXXIV TERMINATION
114 Prior to but no later than 180 days after the
effective date of this Order the City or EPA may terminate this
Order if the Cost Recovery Administrative Agreement is not
effective within ninety (90) days of the effective date of this
Order Notwithstanding this Paragraph the City shall complete
at least ninety-five percent (95) of the final design of the
Removal Action
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 89
IT IS SO AGREED AND ORDERED BY
Al bull Linda M Murphy D i r c to r Dat Office of Site Remediation and Restoration EPA Region I
Administrative Order By Consent for Removal Action Saco Municipal landfill Superfund Site Page 90
The undersigned representatives of the Respondents certify that they are fully authorized to enter into the terms and conditions of this Order and bind the parties they represent to this document
ROBUS LEATHER CORPORATION FKA GEORGE NEWMAN amp COMPANY SUCCESSOR BY LAW TO BIDDEFORD INDUSTRIES INC
By Thomas Robinson President and Ghiof FinancialmdashOffaooy f Robus Leather Corporation 1100 W Hutchinson Lane Madison IN 47250 Tel (812) 273-4183
TO 833388888888881 P0309 MPY 27 97 16=01 FR HflLE RND DORR LuF DC
Administrative Ordar By Consent for Removal Saco Municipal Landfill Suparfund Site Pag 91
CL HAUTHAWAY amp SONS CORPORATION
By Leppoldo ampJohnson Date CL Hautna ay amp Sons Corp 638 Summer Street Lynn MA 01905-2092
fa
Administrative Order By Consent for Removal Action Saoo Municipal Landfill Superfund Site Page 92
GABRIEL ELECTRONICS INC
By
Frank E Gemme Date President Gabriel Electronics Incorporated Libby Road PO Box 70 Scarborough ME 04070 Tel (207) 883-5161
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 93
LITTON INDUSTRIES INC
By Camp^tf-Jtae^^c^S
Carol WiesnerVice President and Controller Litton Industries Inc 21240 Burbank Boulevard Woodland Hills California 91367 Tel (818) 598-5246
May 27 1997
Date
Adni-tniBtrativc Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 94
LYN-FLEX INDUSTRIES AN UNINCORPORATED DIVISION OF DER-TEX CORPORATION
By gt 1997
Jerome Linder Date President Der-Tex Corporation 360 Merritnack Street Lawrence Massachusetts 01843 Tel (508) 686-0154
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 95
MILLIPORE CORPORATION
By At Jef frpoundy Ttyidin EsqVice President and General Counsel Millipore Corporation 80 Ashby Road Bedford MA 01730 Tel (617) 533-2044
May 21 1997 Date
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 96
NIKE INC
Coburn Date eheral Counsel Nike Inc 1 Bowerman Drive Beavertotm OR 97005-6453 Tel 503shy
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 97
ZENECA INC
61097
Glenn M Engelmann Date Vice President General Counsel and Secretary Zeneca Inc Successor to Polyvinyl Chemicals Inc
Addrespoundeneca Inc Successor to Polyvinyl Chemicals Inc
1800 Concord Pike PO Box 15438
Wilmlngotn PR
Tel(302) 886-3244
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 98
SACO DEFENSE INC
By j i e s R V i e g Date Vice Chairman Saco Defense Inc 291 North Street Saco Maine 04072 Tel (270) 283-3611
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 99
CHAMPION INTERNATIONAL CORPORATION
pound By x^gt^^w^ (- (^W^ lt May 27 1997
Stephen B Brown Date ampAVice President and General Counsel
Champion International Corporation One Champion Plaza Stamford Connecticut 06921 Tel (203) 358-6476
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 100
BEMIS COMPANY INC
By -^^lt^^^ 52297 Richard Pry^r Date Corporate Risk Manager Bemis Company Inc 222 South 9th Street Suite 2300 Minneapolis Minnesota 55402-4099 Tel (612) 376-3085
Administrative Order By Consent for Removal Action Saco Municipal Landfill Suporfund Site Page 101
CITY OF SACO MAINE
A Larry Mtcl(ell Dgfte City Administrator City of Saco 300 Main Street Saco Maine 04072 Tel (207) 282-4191
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 102
STATE OF MAINE
By
Mark Hyland Director Date Division of Site Remediation Maine DEP State House Station 17 August Maine 04333 Tel (207) 287-7673
By Dennis Harnish Esq Date Assistant Attorney General Department of Attorney General State House Station 6 Augusta Maine 04333 Tel (207) 626-8800
APPENDIX B
Non-Time Critical Removal Action Statement of Work
Saco Municipal Landfill Superfund Site
I INTRODUCTION AND PURPOSE
This non-time-critical removal action (NTCRA) Statement of Work (SOW) defines the response activities and deliverables that the Performing Respondent shall performsubmit in order to implement the Work required under the Administrative Order on Consent for Removal Action (EPA Region I Docket No 1-97-1009) (the Order) at the Saco Municipal Landfill Site in Saco Maine (the Site) The activities described in this SOW are based upon the United States Environmental Protection Agency (EPA) Action Memorandum for the Site signed by the EPA Region I Director of the Office of Site Remediation and Restoration on September 23 1996
II DEFINITIONS
The following definitions shall apply to this SOW
A All definitions provided in Section III of the Order are incorporated herein by reference
B Design shall mean an identification of the technology to be used for the Removal Action and its performance and operational specifications in accordance with all applicable federal state and local laws including but not limited to
1 all computations used to size units determine the appropriateness of technologies and the projected effectiveness of the NTCRA
2 scale drawings of all system layouts identified above and including but not limited to excavation cross-sections and well cross-sections
3 quantitative analyses demonstrating the anticipated effectiveness of the NTCRA Design to achieve the Performance Standards
4 technical specifications which detail the following
a size and type of each major component and
b required performance criteria of each major component
5 specifications on the extent of ambient air monitoring including equipment monitor locations and data handling procedures and
6 specifications of Institutional Controls to be supplied with the construction plans and specifications
EPA Approval or EPA Review and Approval shall mean the procedures specified in Section XIVA of the Order
Institutional Controls shall mean deed restrictions access land easements and other requirements and controls developed to limit human or animal exposure to hazardous substances pollutants or contaminants andor to ensure the integrity and effectiveness of the Removal Action
Performing Respondents Certification shall mean the procedures specified in Section XIVB of the Order
III SELECTED NON-TIME-CRITICAL REMOVAL ACTION
Section VAI of the Action Memorandum specifies the NonshyTime-Critical Removal Action for the Site Based upon the Action Memorandum listed below are the components of the NTCRA which shall be performed by the Performing Respondent
bull Grading of the landfill including the consolidation of the solid waste material from adjacent to Area 1 Area 3 and Area 4
bull Identifying the solid waste boundary for Areas 3 and 4
bull Excavating contaminated sediments from a groundwater seep area and consolidating them with the waste material in landfill Area 4
- 2 shy
bull Designing and constructing a multi-layer low hydraulic conductivity cap with surface drainage controls
bull Maintaining the cap
bull Long-term monitoring of surface water sediments and groundwater
bull Post-removal site control (PRSC) of the cap The PRSC shall ensure the long-term continued effectiveness of each component of the NTCRA and
bull Implementing Institutional Controls including implementation of deed restrictions andor other controls to prohibit the future use of the Site in any manner that would compromise the integrity of the cap and its associated systems
IV PERFORMANCE STANDARDS
The Performing Respondent shall design construct operate monitor and maintain the NTCRA in compliance with this Order the SOW and the Performance Standards identified in the Action Memo
The Performance Standards for the NTCRA at the Site include
SEDIMENT EXCAVATION AND CONSOLIDATION Sediments with arsenic concentrations above 19 mgkg will be excavated from the groundwater leachate seeps adjacent to Sandy Brook The area within which the seeps are found is defined by sediment locations SD-21 and SD-25 Sediments within Sandy Brook will not be excavated as part of this removal action
CONSOLIDATION OF SOLID WASTE The solid waste outside the Area 1 Area 3 and Area 4 caps shall be consolidated under the Area 34 cap The area to be excavated and material to be consolidated was identified during the RIFS test pit program
LANDFILL CAP The landfill cap shall be designed constructed operated and maintained to meet the performance requirements of the Resource Conservation and Recovery Act (RCRA) Subtitle C regulations specified in 40 CFR sectsect 26419 264310 as applicable and 264111 and the
- 3 shy
currently promulgated final MEDEP regulations referenced in Attachment X of the Action Memo
The cap shall also be designed to meet the requirements of the following EPA and State technical guidance documenxo Final Covers on Hazardous Waste Landfills and Surface Impoundments (EPA530-SW-89-047 July 1989) Construction Quality Management for Remedial Action and Remedial Design Waste Containment Systems (EPA540R-92073 October 1992) Quality Assurance and Quality Control for Waste Containment Facilities (EPA600R-93182 September 1993) MEDEP Final Cover System Guidance Document for Municipal Solid Waste Landfill (November 1995) Stormwater Management for Maine Best Management Practices (November 1995 MEDEP) and Maine Erosion and Sediment Control Handbook for Construction Best Management Practices (March 1991 Cumberland County Soil and Water Conservation District and Maine DEP)
The multi-layer cap will achieve the following minimum requirements
All layers of the cover system shall be designed to achieve the performance objectives of this section over the longshyterm Each layer shall also be designed to meet a static stability factor of safety criteria of 13 seismic stability factor of safety criteria of 10 and a construction-stage stability factor of safety criteria of 12
mdash The base layer will be comprised of unclassified fill material transmissive to gas The performance objectives for the base layer are to contour the landfill to achieve a maximum slope of 31 provide a subgrade base suitable for construction of the cover system and minimize subsidence
Waste from uncapped areas near Area 1 Area 3 and Area 4 and excavated sediments from the groundwater seep areas near Sandy Brook will be placed under the base layer Vegetation cleared from the Site will be distributed evenly to prevent degradation and minimize subsidence
The slopes will be terraced to minimize erosion of the multi-layer cap so that no more than 2 tons per acre per year of soil loss occurs
mdash The gas collection layer will be comprised of 6-12 inches of porous material with a hydraulic conductivity of at least
- 4 shy
1 x 103 cmsec The objective of this layer is to allow for the transmission of gas to the vent pipe which will then take gas out of the landfill and to provide a firm foundation and contact surface for the low hydraulic conductivity layer A second objective is to allow fo the transmission of potential leachate seeps down the sideslopes so that it may infiltrate back into the landfill Approximately one gas vent per acre will be installed at least three to five feet into the waste
-- The bottom low hydraulic conductivity layer acts as a safeguard to the geomembrane and is generally made of 24 inches of clay or a geo-synthetic clay liner (GCL) The performance objective of this layer is to minimize potential leakage through the low hydraulic conductivity geomembrane into the landfill The low hydraulic conductivity layer will be designed to achieve a maximum hydraulic conductivity of 1 x 10~7 cmsec unless the factor of safety criteria of 13 for static 10 for seismic and 12 for construction stage stability cannot be achieved If the stability criteria cannot be met with a GCL or 1 x 107 cmsec material then a more permeable material may be used to achieve a stable cover system The bottom low hydraulic conductivity layer shall have a maximum hydraulic conductivity of at least 1 x 105 cmsec if the 1 x 10~7
cmsec material cannot meet the stability criteria If a GCL is used as the bottom low hydraulic conductivity layer then 12 inches of a fine grained material containing a minimum of 35 fines with no stones larger than one inch shall be used as bedding above the gas vent layer Potential mechanisms that may compromise the integrity of the cover system such as subsidence desiccation cracking and freeze-thaw cycling will be accounted for in the design
The uppermost surface of the bottom low hydraulic conductivity layer shall be buried at least 30 inches below the surface of the cap
-- The top low hydraulic conductivity layer will be a geosynthetic barrier The performance objective of this barrier is to prevent water from infiltrating into the landfill and to accommodate settlement and subsidence while maintaining stability This synthetic barrier will be a type of flexible geomembrane 40-60 mil thick
-- The drainage layer will be composed of either a minimum of 12 inches of sand or equivalent material with a minimum
- 5 shy
hydraulic conductivity of 1 x 102 cmsec or a synthetic material with a transmissivity of at least 3 x 10~5 m2sec The sand should be no coarser than 38 inch The performance objective is to allow water to drain off the synthetic barrier prevent the ponding of water over tgt a synthetic barrier and minimize seepage forces within the cap system If a geosynthetic drainage layer is used then a 12 inch layer of coarse material will be placed over the geosynthetic layer
mdash The top layer of the cap will be the vegetative cover This layer in combination with the drainage layer shall provide a minimum of 30 inches of fill material to provide frost protection A minimum of 18 inches of material (including at least 6 inches of top soil) shall be placed above the drainage layer to provide adequate water-holding capacity to attenuate rainfall infiltration to the drainage layer to sustain vegetation through dry periods and to provide sufficient thickness to allow for expected long-term erosion losses Deep rooted plants that could damage the drainage and barrier layers will not be allowed to grow on the cover A filter fabric may be placed between the top layer and the drainage layer to minimize fill material from clogging the drainage layer
mdash Surface water drainage controls will be constructed to minimize erosion during construction and to reduce erosion of the cap after construction to no more than 2 tons per acre per year As determined by the final NTCRA Design drainage channels will be installed in certain areas on the top and perimeter of the landfill cap to channel runoff away from the landfill Surface water drainage channels will be designed to manage the rainfall volume of a 25-year 24-hour storm event with freeboard and shall also be capable of handling a 100-year 24-hour storm event without overflow
SURFACE WATERS The point of compliance for any point source surface water releases resulting from this action consistent with the NCP shall be the point or points where the release enters the surface water body (Sandy Brook or Big Ledge Brook) Any point source discharge to a surface water body shall comply with the NPDES program under section 402 of the federal Clean Water Act and the Maine water quality standards and storm water discharge requirements The document Stormwater Management for Maine Best Management Practices (November 1995 MEDEP) shall be used as guidance for stormwater and the document Maine Erosion and Sediment Control Hanbook for Construction Best Management
- 6 shy
Practices (March 1991 Cumberland County Soil and Water Conservation District and Maine DEP) shall be used as guidance for erosion control
AIR The point of compliance for air consistent with che NCP shall be the point(s) of the maximum exposed individual considering reasonably expected use of the Site and surrounding area The maximum exposed individuals could include (I) adjacent residents (2) operation and maintenance personnel and (3) individuals working at the facility The passive gas venting system shall not allow for an unacceptable risk of exposure to the maximum exposed individuals by controlling and treating landfill gas if necessary The passive gas venting system shall be designed and constructed to comply with Attachment X of the Action Memo
LONG-TERM MONITORING A long-term monitoring program will be implemented to evaluate the performance of the NTCRA Surface water groundwater and sedimentsas appropriate shall be sampled as part of this program Long-term monitoring is expected to occur for at least thirty years
POST-REMOVAL SITE CONTROL Post-removal site control shall assure the long-term effectiveness of the cap and related systems for at least thirty years
INSTITUTIONAL CONTROLS Institutional Controls shall ensure the long-term integrity of the landfill cap and prevent future use of the groundwater impacted by the Site Deed restrictions andor other controls shall prohibit any activity at the Site which would interfere with or compromise the landfill cap or its related systems Such controls will also provide for EPA and MEDEP approval prior to the commencement of any future activities at the Site which may impact the landfill cap or its related systems
V NTCRA DESIGN
The Performing Respondent shall develop a final design for the selected NTCRA as described in the Action Memorandum and this SOW that meets the performance standards specified in Section IV of this SOW This section describes the Performing Respondents responsibilities for submitting deliverables and conducting project meetings during design
- 7 shy
A DELIVERABLE5
The Performing Respondent shall submit the following deliverables to EPA and the MEDEP during the design of the selected NTCRA pursuant to the schedule in Attachment A Any modification of the schedule in Attachment A shall be subject to EPA approval after a reasonable opportunity for review and comment by MEDEP Each submitted deliverable shall require EPA Approval after a reasonable opportunity for review and comment by MEDEP or Performing Respondents Certification whichever applies pursuant to the schedule in Attachment A and the procedures in Section XIV of the Order
1 DESIGN PROGRESS REPORTS
On the 15th calendar day of each month and until EPA approval of the 100 NTCRA Design the Performing Respondent shall submit Design Progress Reports to EPA and the MEDEP Design Progress Reports may be combined with the monthly progress reports required under the Administrative Order by Consent for Remedial InvestigationFeasibility Study (EPA Region I CERCLA Docket No I-CERCLA-95-1069) and shall be submitted with the Performing Respondents Certification The reports shall summarize all activities that have been conducted in the month preceding the Progress Report and those planned for the next two months The Progress Reports shall also identify problems encountered andor changes to the schedule and shall summarize the results of sampling and tests and other data received by the Performing Respondent
2 CONCEPTUAL DESIGN LETTER REPORT
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit a Conceptual Design Letter Report to EPA and the MEDEP The Conceptual Design Letter Report shall be submitted by the Performing Respondents Certification and may include at a minimum
a an outline of the NTCRA Design
b a work plan for any pre-design studies
- 8 shy
c preliminary drawings of the 31 and 3-5 slope sections of the cap surface water controls and retention ponds in plan view and cross-section and
d The design basis for the composition and thickness of each layer of the cap presented in letter format including a determination of the appropriate gas control technology and supporting information and an estimate of settlement
3 100 DESIGN FOR SEDIMENT CONSOLIDATION
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit the 100 Design for the sediment consolidation to EPA for Review and Approval after reasonable opportunity for review and comment by the MEDEP
4 100 NTCRA DESIGN
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit the 100 NTCRA Design for EPA Review and Approval after reasonable opportunity for review and comment by the MEDEP Design plans for individual components of the NTCRA may be submitted separately from the cap design However the design submittal for the cap shall address 100 of the total design for each component of the NTCRA including but not limited to
a the Final Design Report including the design basis for each component and the associated plans and specifications in reproducible format
b Construction Quality Assurance Plan including sample construction quality assurance and quality control checklists draft construction -quality control and quality assurance tables and a list of testing requirements based upon EPA and MEDEP comments
c the results of any pre-design studies
- 9 shy
d final drawings of the 31 and 3-5 slope sections of the cap in plan view and cross section including surface drainage controls and retention ponds anchor trenches and the passive gas venting system
e a description of the design basis for each layer andor component of the NTCRA including settlement evaluation stability calculations and the HELP model assessment to evaluate infiltration through the cover system The stability assessment shall include an assessment of the stability of the cover system waste material and surrounding slopes Each key section of the stability analysis should include a discussion of the (1) performance criteria for each failure mode (2) soil conditions including loading and seepage conditions and (3) determination of factor of safety and indicate the slope failure mode The methods to perform the above analysis shall be presented
f a discussion of how all applicable or relevant and appropriate requirements (ARARs) identified in the Attachment X of the Action Memo will be addressed This discussion should
(1) specify the statute (2) specify the citation of the ARAR (3) identify if the ARAR is state or
federal (4) summarize the requirements of the ARAR (5) specify in detail the activities that
shall be conducted to comply with the ARAR and
(6) specify in detail the activities that shall be conducted to demonstrate compliance with the ARAR When sampling and analysis is conducted to demonstrate compliance the following shall be specified sampling locations sampling frequency sampling methods analytical methods quality assurance and quality control activities and statistical analysis andor modeling andor other data interpretation techniques
- 10 shy
g drawings on reproducible mylar
h the final NTCRA Technical Specifications which shall include at a minimum the items identified in Attachment D
i a Field Sampling Plan as specified in Attachment B and a Quality Assurance Project Plan as specified in Attachment C Although these documents will be submitted as part of the 100 design these documents must be submitted as separate freestanding deliverables to enable a separate concurrent review of these document by the Agencies along with the 100 design review
j With respect to the landfill cap the design shall include the construction quality assurance procedures required to demonstrate that the NTCRA was properly implemented This component shall include for example (I) checklists for establishing that the required tests and inspections were performed (2) standard operating procedures for all field and laboratory tests (3) the quality assurance and quality control plan for all field and laboratory tests (4) a process for obtaining EPA and MEDEP involvement in major and minor field changes and (5) erosion and sediment control plans The quality assurance component shall be based upon the following guidance documents Construction Quality Assurance for Hazardous Waste Land Disposal Facilities (EPA 530-SWshy86-031 October 1986 and Technical Guidance Document Quality Assurance and Quality Control for Waste Containment Facilities (EPA540R-93182 September 1993)
k A discussion of how any surface water point source discharge shall be evaluated
1 A discussion of how the ambient air shall be evaluated after the construction of the cap is complete to demonstrate that the landfill gas does not pose an unacceptable risk (an excess cancer risk greater than the 104 to 106 risk range or a non-carcinogenic hazard
- 11 shy
index greater than 1) to the maximum exposed individuals (as identified in Section IV of this SOW)
5 WINTER STABILIZATION PLAN
By October 30th of each field season prior to the approval of the Post-Removal Site Control Plan the Performing Respondent shall submit a Winter Stabilization Plan to EPA and MEDEP This plan shall describe the practices and procedures that will be used by the Performing Respondent to prevent erosion of the landfill and excessive sediment discharge to the surface water and wetlands until EPA approval of the Post-Removal Site Control Plan
6 INSTITUTIONAL CONTROL PLAN
The Performing Respondent shall submit a schedule and a workplan letter report for the implementation of the Institutional Controls required by the NTCRA within 60 days of the effective date of the Order As part of the Institutional Controls a deed restriction shall be placed on the Site property to prevent any use of the property that would interfere with or reduce the effectiveness of the NTCRA or any future response actions The deed restriction shall also prevent future use of the groundwater under the Site These institutional controls shall be implemented in a manner consistent with Attachment X of the Action Memo
B DESIGN PROJECT MEETINGS
The Performing Respondent and its Contractor shall periodically meet with EPA and the MEDEP during the design phase to discuss the status of the design present the results of any investigations and discuss any issues associated with the development of the design
At least one week prior to each such periodic meeting the Performing Respondent shall submit to EPA and the MEDEP as necessary (i) an agenda for the meeting (ii) a summary of the issues that will be discussed and (iii) any supporting information including any specific information required for the meeting as detailed below The following is a list of meetings to be held as necessary during the design phase
1 DESIGN KICK-OFF MEETING
- 12 shy
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall schedule a design kickshyoff meeting The purpose of this meeting is to allow the EPA MEDEP and the Performing Respondents design teams to meet
2 CONCEPTUAL DESIGN MEETING
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall hold a Conceptual Design Meeting During the Conceptual Design Meeting the Performing Respondent shall give a presentation of the Work Plan for Pre-Design Studies if needed and the conceptual design of the selected NTCRA based on any completed pre-design investigations and the Conceptual Design Letter Report
3 100 DESIGN MEETING FOR SEDIMENT CONSOLIDATION
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall hold a 100 Sediment Consolidation Design Meeting At this meeting the Performing Respondent shall present the 100 design for these components of the NTCRA
4 100 NTCRA DESIGN MEETING
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall hold two 100 NTCRA design meetings At the first meeting the Performing Respondent shall provide an overview of the design During the second meeting the Performing Respondent shall present any issues that have arisen from comments received on the 100 NTCRA design and options for resolving the issues
EPA may determine that any of such meetings are not necessary However EPA andor the Performing Respondent may also schedule additional meetings as necessary to discuss any issues that arise during design
VI NTCRA IMPLEMENTATION
The Performing Respondent shall implement the final design for the selected NTCRA as described in the Action Memorandum and this SOW that meets the performance standards specified in Section IV
- 13 shy
of this SOW This section describes the Performing Respondents responsibilities for conducting the NTCRA submitting deliverables and conducting project meetings during implementation of the NTCRA
A DELIVERABLES
The Performing Respondent shall submit the following deliverables to EPA and the MEDEP during implementation of the NTCRA pursuant to the schedule in Attachment A Any modification of the schedule in Attachment A is subject to EPA approval after a reasonable opportunity for review and comment by MEDEP Each submitted deliverable shall require EPA Approval or the Performing Respondents Certification whichever applies pursuant to the schedule in Attachment A and the procedures in Section XIV of the Administrative Order by Consent
1 NTCRA IMPLEMENTATION SCHEDULE
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit a NTCRA Implementation Schedule for EPA Review and Approval after reasonable opportunity for review and comment by the MEDEP The NTCRA Implementation Schedule shall identify the major milestones for completion of the NTCRA including the commencement and completion of construction and the schedule for demonstrating compliance bull ith Section V(A) (4) (f) of the SOW The NTCRA Implementation Schedule shall also identify the key construction dates including the initiation and completion date of each component of the multi-layer cap The NTCRA Implementation Schedule shall also identify the projected dates of the Progress Meetings conducted during the NTCRA implementation including those required pursuant to Section VIB of this SOW
2 CONSTRUCTION DOCUMENT SUBMITTAL
In accordance with the schedule set forth in Attachment A to this SOW the Performing Respondent shall submit a copy of executed construction contract documents to EPA and MEDEP
3 HEALTH AND SAFETY PLAN
- 14 shy
In accordance with che Schedule set forth in Attachment A to this SOW the Performing Respondent shall submit a General Health and Safety Plan to EPA and MEDEP A site-specific Health and Safety Plan addressing NTCRA construction activities shall be submitted by the Performing Respondent prior to on-site construction activities The general and site-specific Health and Safety Plans shall each be submitted with Performing Respondents Certification
4 NTCRA IMPLEMENTATION PROGRESS REPORTS
On the 15th calendar day of each month during implementation of the NTCRA and until EPA approval of the Completion of Removal Action Report the Performing Respondent shall submit Progress Reports to EPA and the MEDEP The Progress Reports shall be submitted with Performing Respondents Certification The reports shall summarize all activities that have been conducted in the month preceding the Progress Report and those planned for the next two months The Progress Reports shall also
a identify the percent of NTCRA construction completed
b identify any problems encountered andor changes to the schedule
c summarize the results of all sampling and tests and all other data received by the Performing Respondent
d include photographs of the site activities Photographs shall be labeled with the date brief description of the activity weather conditions and directionorientation of the photograph and
e include the results of any monitoring conducted
After completion of all construction activities the Performing Respondent may upon EPA approval reduce the frequency of submission of the Progress Reports The Progress Reports may be combined with the monthly progress reports required under the Administrative Order by Consent
- 15 shy
for Remedial Investigation Feasibility Study (EPA Region I CERCLA Docket No I-CERCLA-95-1069)
5 POST-REMOVAL SITE CONTROL PLAN
In accordance with the schedule set forth in Attachment A to this SOW the Performing Respondent shall submit a Post-Removal Site Control Plan (PRSC Plan) for EPA Review and Approval after reasonable opportunity for review and comment by the MEDEP The PRSC Plan shall ensure the long-term continued effectiveness of each component of the NTCRA The PRSC Plan shall address at a minimum the following
a periodic evaluation of the stability of the cover system
b a description of normal operations and maintenance
c a description of potential operational problems with contingency plans
d an operational safety plan
e a description of equipment
f record keeping and reporting requirements
g periodic assessment of the passive landfill gas venting system
h periodic assessment of erosion controls and periodic settlement monitoring
i periodic assessmentand runoff
of surface water controls
j evaluation of Sandy Brook removal area
k periodic evaluation of vegetative growth and the identification of any erosion and
1 the impact of the cap on wetlands
- 16 shy
6 COMPLETION OF REMOVAL ACTION REPORTS
In accordance with the schedule set forth in Attachment A to this SOW the Performing Respondent shall submit the Completion of Removal Action and Demonstratioi of Compliance Report (jointly the Completion of Removal Action Report) for EPA Review and Approval after reasonable opportunity for review and comment by the MEDEP The Completion of Removal Action Report shall be submitted in two phases including first an Interim Completion of Removal Action Report and second a Final Completion of Removal Action Report
a The Interim Completion of Removal Action Report shall include at a minimum
(1) a synopsis of the work defined in the SOW and the 100 NTCRA Design and a synopsis of all work actually performed
(2) an explanation of any modifications to work in the SOW and the 100 NTCRA Design and why such modifications were necessary to implement the NTCRA
(3) drawings and specifications for all components of the NTCRA and
(4) a final inspection checklist
b The Final Completion of Removal Action Report shall include the categories of information specified in section 300165 of the NCP (OSC Reports) In addition the Final Completion of Removal Action Report shall follow EPA guidance for a Remedial Action Report OSWER Directive 93550-39FS June 1992 and shall include at a minimum
(1) all the data and information necessary to demonstrate compliance according to the approved NTCRA Design
(2) a certification that the NTCRA is operational and functional as designed that no further modifications are necessary to meet the performance standards and that no unacceptable air
- 17 shy
or surface water releases (from the cap only) are occurring or are expected to occur
(3) a detailed explanation as to how t^e Performing Respondent addressed each of the ARARs specifically identified as such in Attachment X of the Action Memo
(4) the final record (as built) plans and specification for the NTCRA and
(5) the conclusions of the data evaluation
B PROJECT MEETINGS
The Performing Respondent and their contractors shall periodically meet with EPA and the MEDEP during implementation of the NTCRA to discuss the status of the project present the results of any investigations and discuss any issues that arise At least one week prior to each such meeting the Performing Respondent shall submit to EPA and the MEDEP as necessary an agenda for the meeting a summary of the issues that will be discussed and any supporting information The following is a list of mandatory meetings that shall be conducted by the Performing Respondent
1 CONSTRUCTION MEETINGS
Unless otherwise agreed by EPA and MEDEP during the construction period the Performing Respondent and its construction contractor(s) shall meet MONTHLY with EPA and MEDEP regarding the progress and details of construction
2 SUBSTANTIAL COMPLETION INSPECTION MEETING
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall schedule and conduct a Substantial Completion Inspection Meeting at the Site The Substantial Completion Inspection Meeting shall include EPA MEDEP and the Performing Respondents Project Coordinator and technical consultant
- 18 shy
3 FINAL INSPECTION MEETING
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall schedule and conduct a Final Inspection Meeting at the Site This Final Inspection Meeting shall include participants from all parties involved in the NTCRA including but not limited to the Performing Respondent and its contractors EPA and the State
EPA may determine that any such meetings are not necessary EPA andor MEDEP andor the Performing Respondent may also schedule additional meetings as necessary to discuss any issues that arise during implementation of the NTCRA
VII POST-REMOVAL SITE CONTROL
The Performing Respondent shall initiate Post-Removal Site Control (PRSC) upon completion of construction of the NTCRA In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit a PRSC plan for EPA approval after a reasonable opportunity for review and comment by MEDEP PRSC shall continue for at least thirty years
Progress Reports shall be submitted throughout the period of PRSC PRSC Progress Reports shall contain a list of all PRSC activities that were performed in the time period since the previous PRSC Progress Report and those PRSC activities that will be performed in the time period until the next PRSC Progress Report In addition PRSC Progress Reports shall include a summary of the results of any PRSC tests or evaluations completed since the last report
PRSC reports shall be submitted quarterly for the first two years following approval of the PRSC plan by EPA after a reasonable opportunity for review and comment by MEDEP For the next 8 years PRSC reports shall be submitted semishyannually in June and November of each year Thereafter PRSC reports shall be submitted annually in November The PRSC reports shall include a discussion of the condition of the NTCRA components and shall identify any corrective measures that have been or need to be installed In particular the condition of the landfill vegetative cover and surface water controldrainage systems shall be discussed
- 19 shy
VIII LONG-TERM MONITORING
In accordance with the schedule set forth in Attachment A to the SOW the Perform g Respondent shall submit a Long-Term Monitoring Plan for EPA Review and Approval after reasonable opportunity for review and comment by MEDEP The objective of the Long-Term Monitoring Plan shall be to evaluate the long-term changes in groundwater surface water and sediment concentrations to assess the effectiveness of the NTCRA The Long-Term Monitoring Plan may also include measures to assess the compliance of the landfill passive gas venting control system and the surface water and sediment control systems The data collected as part of the RIFS Order may be consolidated as a substitute for this data
The Performing Respondent shall initiate the long-term monitoring upon EPA approval of the Long-Term Monitoring Report and continue to perform long-term monitoring of the Site for at least thirty years after EPA approval of the Completion of Removal Action Report Any modifications to these requirements should be made in a manner consistent with Paragraph 111 of the Order
- 20 shy
ATTACHMENT A NTCRA SCHEDULE
DeliverableMeeting Due Date
Kick-off meeting between EPA MEDEP and Design Contractor
Design Progress Reports
Submit Conceptual Design Letter Report to EPA and MEDEP
Final Design Meeting for Sediment Consolidation
Submit draft 100 Sediment Consolidation Design
Conceptual Design Meeting
Monthly Project Mtg
Institutional Control Plan
Submit 100 NTCRA Design
100 NTCRA Design Meeting
Health and Safety Plan for Construction Activities
Second 100 Design Meeting
NTCRA Implementation Schedule
Revised 100 Design Construction Document Submittal
NTCRA Implementation Progress Reports
Construction Meetings
Post-Removal Site Control Plan
Held on December 18 1996
15th calendar day of each month until EPA approval of 100 NTCRA Design
Submitted December 15 1996
Held on December 18 1996
Submitted December 15 1996
Held January 9 1997
To be set by EPA
within 60 days of the effective date of the NTCRA Order
February 28 1997
March 21 1997
No later than May 16 1997
No later than May 23 1997
No later than June 13 1997
No later than June 13 1997
15th calendar day of each month after EPA approval of 100 NTCRA Design until approval of the Completion of Removal Action Report
Once per month during NTCRA construction activities
July 15 1997
Attachment A - 1
Submit Long-Term Monitoring Plan to EPA and MEDEP
Substantial Completion InspectionMeeting
Winter Stabilization Plan
Interim Completion of Removal Action Report
Final Completion of Removal Action Report
Final Inspection
Post-Removal Site Control Progress Reports
No later than December 1 1997
No later than December ]5 1997
By 30th of October of each year until EPA approval of the Post-Removal Site Control Plan
30 days prior to Substantial Completion Inspection Meeting
Within 120 days of the Substantial Completion Inspection
No later than May 15 1998
Quarterly for the 1st two years after approval of PRSC Plan(to be submitted in March June September and December of each year) for the next eight years semishyannually in June and November of each year Thereafter annually in November
Attachment A - 2
ATTACHMENT B
FIELD SAMPLING PLAN COMPONENT OF THE NTCRA 100 DESIGN
The overall objectives of the Field Sampling Plan (FSP) are as follows
1 to document specific objectives procedures and rationales for fieldwork and sample analytical work
2 to ensure that sampling and analysis activities are necessary and sufficient and
3 to provide a common point of reference for all parties to ensure the comparability and compatibility of all objectives and the sampling and analysis activities
The following critical elements of the FSP shall be described for each sample medium as necessary (eg ground water surface water soil sediment air and biota) and for each sampling event
1 sampling objectives (iedemonstration of attainment five year review etc)
2 data quality objectives including data uses and the rationale for the selection of analytical levels and detection limits (see Data Quality Objectives Development Guidance for Uncontrolled Hazardous Waste Site Remedial Response Activities OSWER Directive 935507 March 1987) Also Guidance for Data Useability in Risk Assessment EPA540G-90-008 October 1990
3 site background update including an evaluation of the validity sufficiency and sensitivity of existing data
4 sampling locations and rationale
5 sampling procedures and rationale and references
6 numbers of samples and justification
7 numbers of field blanks trip blanks and duplicates
Attachment B - 1
8 sample media (eg ground water surface war soil sediment air and buildings facilities and structures including surfaces structural materials and residue)
9 sample equipment containers minimum sample quantities sample preservation techniques maximum holding times
10 instrumentation and procedures for the calibration and use of portable air soil- or water-monitoring equipment to be used in the field
11 chemical and physical parameters in the analysis of each sample
12 chain-of-custody procedures must be clearly stated (see EPA NEIC Policies and Procedures Manual EPA 3309-78shy001-R May 1978 revised May 1986
13 procedures to eliminate cross-contamination of samples (such as dedicated equipment)
14 sample types including collection methods and if field and laboratory analyses will be conducted
15 laboratory analytical procedures equipment and detection limits
16 equipment decontamination procedures
The FSP must establish the framework for all anticipated field activities (eg sampling objectives evaluation of existing data standard operating procedures) and contain specific information on each round of field sampling and analysis work (eg sampling locations and rationale sample numbers and rationale analyses of samples) During the NTCRA the FSP shall be revised as necessary to cover each round of field or laboratory activities Revisions or a statement regarding the need for revisions shall be included in each deliverable describing all new field work
The FSP shall include provisions requiring notification of EPA and the MEDEP at a minimum four weeks before field sampling events The Performing Respondent shall provide EPA and MEDEP at least one week notice for non-analytical engineering analysis samples The FSP shall also allow split replicate or duplicate samples to be taken by EPA
Attachment B - 2
(or their contractor personnel) MEDEP and by other parties authorized by EPA At the request of EPA or MEDEP the Performing Respondent shall provide these samples in appropriately pre-cleaned containers to the government representatives Identical procedures shall be used t_raquo collect the Performing Respondents samples and the parallel samples unless otherwise specified by EPA or MEDEP The following guidance documents shall be followed in developing the FSP including
1 Guidance for Conducting Remedial Investigations and Feasibility Studies Under CERCLA (OSWER Directive 93553-01 EPA540G-89004 October 1988)
2 Data Quality Objectives for Remedial Response Activities Development Process EPA540G-87003 (OSWER Directive 93550-7B March 1987)
3 Data Quality Objectives for Remedial Response Activities example scenario RIFS Activities at a site with contaminated Soil and Ground Water (OSWER Directive 93550-7B EPA540G-87002 March 1987)
4 Test Methods for Evaluating Solid Waste PhysicalChemical Method (EPA Pub SW-846 Third Edition)
5 Analytical methods as specified in CFR 40 CFR Parts 136 14123 14124 and 14125 and Agency manuals documenting these methods
6 Statement of Works for Inorganic and Organic Analyses EPA Contract Laboratory Program
7 Guidance for Data Useability in Risk Assessment EPA540G-90-008 October 1990 and
8 Ecological Assessment of Hazardous Waste Sites A Field and Laboratory Reference EPA6003-89013 March 1989
Attachment B - 3
ATTACHMENT C
QUALITY ASSURANCE PLAN FOR THE NTCRA 100 DESIGN
The Quality Assurance Project Plan (QAPjP) shall document in writing site-specific objectives policies organizations functional activities and shall specify quality assurancequality control (QAQC) activities designed to achieve the data quality objectives (DQOs) of the NTCRA The QAPjP developed for this project shall document QAQC policies procedure routines and specifications All project activities throughout the NTCRA shall comply with the QAPjP All QAPjP and sampling and analysis objectives and procedures shall be consistent with Interim Guidelines and Specifications for Preparing Quality Assurance Project Plans (EPA 1983 - EPA QAMS- 00580 1980) All analytical methods shall be consistent with applicable EPA analytical protocols and methods
The 16 basic elements of the QAPjP plan are
1 title page with provision for approval signatures of principal investigators
2 table of contents
3 project description
4 project organization and responsibility
5 quality assurance objectives for measurement data in terms of precision accuracy completeness representativeness and comparability
6 sampling procedures
7 sample custody
8 calibration procedures and frequency
9 analytical procedures which must be EPA approved or equivalent methods
10 data reduction validation and reporting
11 internal quality control checks and frequency
Attachment C - 1
12 performance and system audits and frequency
13 preventive maintenance procedures and schedules
14 specific routine procedures to be used to assess the precision accuracy and completeness of data and to assess specific measurement parameters involved
15 corrective action and
16 quality assurance reports to management
As indicated in EPAQAMS-00580 the above list of essential elements must be considered in the QAPjP for the NTCRA If a particular element is deemed not relevant to the project the reasons for such determination must be provided
Information in a plan other than the QAPjP may be cross-referenced clearly in the QAPjP provided that all objectives procedures and rationales in the documents are consistent and the reference material fulfills the requirements of EPAQAMS-00580 Examples of how this cross-reference might be accomplished can be found in the Data Quality Objectives for Remedial Response Activities Development Process EPA5406-87OQ3 (OSWER Directive 93550-7B) March 1987 and the Data Quality Objectives for Remedial Response Activities Example Scenario EPA540Gshy87004 (OSWER Directive 93550-7B) March 1987 EPA-approved analytical methods or alternative methods approved by EPA shall be used and their corresponding EPA-approved guidelines shall be applied when they are available and applicable
The QAQC for any laboratory used during the NTCRA shall be included in the QAPjP When this work is performed by a contractor to the Performing Respondent each laboratory performing chemical analyses shall meet the following requirements
1 be approved by the State Laboratory Evaluation Program if available
2 have successful performance in one of EPAs National Proficiency Sample Programs (ie Water Supply or Water Pollution Studies or the States proficiency sampling program)
Attachment C - 2
3 be familiar with the requirements of 48 CFR Part 1546 contract requirements for quality assurance and
4 have a QAPjP for the laboratory including all relevant analysis This plan shall be referenced as part of the contractors QAPjP
The Performing Respondent shall certify that all validation of data was performed by an independent person according to Region Is Laboratory Data Validation Functional Guidelines for Evaluating Organic and Inorganic Analyses (amended as necessary to account for the differences between the approved analytical methods for the project and the Contract Laboratory Procedures (CLP) These approved methods shall be contained in the QAPjP The independent person shall not be the laboratory conducting the analyses and should be a person familiar with EPA Region I data validating procedures The independent person performing the validation shall insure that the data packages are complete and all discrepancies have been resolved if possible and the appropriate data qualifiers have been applied The Performing Respondent shall keep the complete data package and make it available to EPA and the MEDEP on request The complete data package must include the following
o Narrative stating method used and explanation of any problems
o Tabulated summary forms for samples standards and QC
o Raw data for samples standards and QC o Sample preparation logs and notebook pages o Sample analysis logs andor notebook pages o Chain of custody sample tags o An example calculation for every method per
matrix
Attachment C - 3
ATTACHMENT D
GENERAL REQUIREMENTS FOR THE TECHNICAL SPECIFICATIONS COMPONENT OF THE NTCRA DESIGN
The general requirements section of the technical specification shall describe how the Performing Respondent will manage the project to complete the NTCRA as required under the SOW and the Order As part of the technical specifications the Performing Respondent shall require the following tasks
1 provide for the security of government and private property on the Site
2 estrict unauthorized entry to the Site which might result in exposure of persons to potentially hazardous conditions
3 establish the location of a field office for on-site activities
4 provide contingency and notification plans for potentially dangerous activities associated with the NTCRA
5 monitor airborne contaminants released by Site activities which may affect the local populations
6 communicate to EPA MEDEP and the public the organization and management of the NTCRA including key personnel and their responsibilities
7 provide a list of Performing Respondents contractors and subcontractors and description of their activities and roles
8 provide for the proper disposal of materials used and wastes generated during the NTCRA (eg drill cutting extracted ground water protective clothing disposable equipment) These provisions shall be consistent with the off-site disposal requirements of CERCLA sect 121(d)(3) RCRA and applicable state laws The Performing Respondent or their authorized representative or another party acceptable to EPA and MEDEP shall be identified as the generator of wastes for the purpose of regulatory or policy compliance
Attachment D - 1
9 provide a description of the project staff and communication strategy
10 provide the mechanism for identifying and notifying EPA and MEDEP of non-conformance with the design and ixeld change requests and
11 provide traffic controls and community notification strategy
Attachment D - 2
Administrative Order By Consent for Removal Action Saco Municipal Landfill Super-fund Site Page 6
f Extraordinary Response Costs shall mean any costo EPA
or the Maine DEP incur pursuant to Paragraphs 52d 65 69
102 and 104
g Landfill shall mean the Saco Municipal Landfill
which is owned by the City and comprised of four waste
disposal areas (identified as Areas 1 2 3 and 4 in
Appendix A) situated on the 90 acre Landfill Parcel located
on Foss Road in Saco York County Maine owned by the City
h Landfill Parcel shall mean the 90 acre parcel of land
owned by the City on Foss Road in Saco York County Maine
upon which the Landfill is situated
i National Contingency Plan or NCP shall mean the
National Oil and Hazardous Substances Pollution Contingency
Plan promulgated pursuant to Section 105 of CERCLA 42
USC sect 9605 codified at 40 CFR Part 300 and any
amendments thereto
j NTCRA shall mean the Non-Time-Critical Removal Action
undertaken pursuant to this Order
k Order shall mean this Administrative Order by
Consent the Statement of Work (SOW) and any other
appendices or attachments thereto including any future
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 7
modifications as provided by the terms of this
Administrative Order by Consent as may be added hereafter
including (upon EPA Approval or the Citys Certification)
any Deliverables required by this Order such Deliverables
shall be incorporated into and enforceable under this Order
upon EPA Approval or the Citys Certification
1 Oversight Costs shall mean all costs including but
not limited to direct and indirect costs not inconsistent
with the NCP that EPA the Department of Justice or the
State of Maine incur after the effective date of this Order
in overseeing this Order and the Cost Recovery
Administrative Agreement including costs incurred for
negotiating amendments to these instruments- costs incurred
for reviewing or developing plans reports and other items
in connection with this Order costs incurred for overseeing
actions undertaken by the City at the Site pursuant to this
Order including but not limited to payroll costs
contractor costs travel costs and laboratory costs- any
payments tc the State through a cooperative agreement lt~osts
incurred by EPA under or in connection with a contract or
arrangement between EPA and a qualified person to assist EPA
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 8
in overseeing and reviewing the conduct of activities
required under this Order costs of contractors hired by EPA
and other federal agencies to assist in the evaluation of
Respondents Work under this Order costs related to
community relationsinvolvement and any Interest accruing
from the date payment for such costs is due Extraordinary
Response Costs shall be excluded from the definition of
Oversight Costs
m Paragraph shall mean a portion of this Order
identified by an Arabic numeral or an upper case letter
n Parties shall mean EPA the State of Maine and the
Respondents
o Past Response Costs shall mean all costs including
but not limited to direct and indirect costs that EPA the
US Department of Justice or the State of Maine incurred
at the Site or in connection with the Site through the
effective date of this Order plus accrued Interest on all
such costs through such date
p Post-Removal Site Control shall mean those activities
necessary to maintain the effectiveness and integrity of the
NTCRA
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 9
q Prior MEDEP Orders and Consent Decrees shall meai The
1970 Consent Agreement and Order issued by the MEDEP to the
City the 1981 Administrative Consent Agreement and
Enforcement Order issued by MEDEP to the City the 1984
Consent Decree entered by the MEDEP and the City the 1986
First Amendment to the 1984 Consent Decree the 1987 Consent
Decree between the MEDEP and the City and all other
administrative orders and consent decrees related to the
Site issued by the MEDEP to the City prior to the effective
date of this Order
r Removal Action shall mean all activities that the
Respondents are required to perform under this Order
including but not limited to all response actions to be
undertaken pursuant to the Action Memorandum for a Non-Time
Critical Removal Action at the Site dated September 23
1996 except those activities required by Section XVIII
(Record Preservation) and Paragraph 96 (Payment by Non-
Performing Respondents)
s Response Costs shall mean all costs including but
not limited to direct and indirect costs plus Interest on
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 10
all such costs that EPA the US Department of Justice or
the State of Maine incur in connection this Order
t Performing Respondent shall mean the City of Saco
Maine
u Performing Respondents Certification shall mean the
procedures specified in Section XIVB of this Order
v Non-Performing Respondents shall mean those parties
identified in Paragraph 12
w RIFS Order shall mean the Administrative Order by
Consent for Remedial InvestigationFeasibility Study EPA
Region I CERCLA Docket No I-CERCLA-95-1069
x RIFS Response Costs shall mean those costs
including but not limited to direct and indirect costs that
EPA the US Department of Justice or the State of Maine
incurred or will incur in connection with the RIFS Order
plus accrued Interest on all such costs
y RFC shall mean the Citys Project Coordinator
z RPM shall mean EPAs Remedial Project Manager
aa Section shall mean a portion of this Order identified
by a Roman numeral
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 11
bb Site shall mean the Saco Municipal Landfill Supe fund
Site encompassing the Landfill the Landfill Parcel and
all other areas where hazardous substances migrating from
the Landfill have come to be located and all areas in
proximity to the hazardous substances necessary for
implementation of the response action
cc State shall mean the State of Maine including MEDEP
dd Statement of Work or SOW shall mean the statement
of work for the design and implementation of the Removal
Action as set forth in Appendix B to this Order any
modifications made in accordance with this Order and any
attachments to the SOW
ee MEDEP or Maine DEP shall mean the State of Maine
Department of Environmental Protection and any predecessor
or successor departments or agencies of the State
IV EPAS AND MAINE PEPS FINDINGS OF FACT
Site Description and History
7 The Site is in a rural residential area Wooded areas
surround the Site in all directions with the exception of an
open sand and gravel quarry to the southeast private residences
are located to the north and east The closest residence is
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 12
approximately 1000 feet northeast of the entrance to the
landfill In 1975 a waterline extension for the Biddeford and
Saco Water Company was installed along Buxton Road which is to
the east of the Site north to the Louden Road that services
many of the private residences in the area
8 The City of Saco operated the Landfill from 1963 until
approximately 1988 Solid wastes commercial wastes and
industrial wastes were disposed of at the Landfill In 1987 the
City of Saco began operating and continues to operate a
transfer station and compost area near the northern perimeter of
the Landfill Parcel and to the west of Foss Road The transfer
station receives and temporarily stores demolition debris wood
waste and white goods prior to off-site disposal The Landfill
is comprised of four distinct waste deposition areas (Areas 1 2
3 and 4) A brook known as Sandy Brook flows northwest to
southeast through the Landfill Parcel with Landfill Areas 1 and
2 to the east and Areas 3 and 4 to the west of Sandy Brook
9 Following reports of ground water and surface water
contamination from leachate from the Landfill the Maine DEP
began investigating the Site in 1974 A 1974 report by a
consultant for the City of Saco identified leachate originating
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 13
from Area 1 at the Landfill as a source of contamination and a
1975-1976 report recommended capping Area 1 to prevent continued
leachate generation Further studies by other consultants as
well as by the Maine DEP and EPA identified volatile organic
compounds metals and semi-volatile compounds including but not
limited to acetone bis (2-ethylhexyl) phthalate chromium 11shy
dichloroethane iron lead manganese methyl ethyl ketone and
toluene in the leachate ground water andor surface water at
the Site at the time of the additional studies
10a In February 1976 the Maine DEP issued a Consent
Agreement and Order (Consent Order) to the City of Saco to
abate leachate migration from the Landfill Pursuant to the
Consent Order the City of Saco regraded Area 1 and covered it
with a clay cap in the fall of 1976 In September 1981 the
Maine DEP issued-an Administrative Consent Agreement and
Enforcement Order to the City of Saco requiring submittal of a
closure plan for the entire Landfill The City of Saco submitted
a closure plan to the Maine DEP in March and November 1984
Following Maine DEP approval of the submitted plan the Maine DEP
and the City of Saco entered into a Consent Decree effective
December 31 1984 under which the City of Saco agreed to perform
Administrative Order By Conaent for Removal Action Saco Municipal Landfill Super-fund Site Page 14
the closure plan for the Landfill Pursuant to the approved
closure plan the City of Saco installed a leachate recirculation
system in Area 2 and covered this area of the Landfill with a
clay cap In addition in a separate action from 1985 to 1991
the City of Saco allowed the temporary storage of solid waste
from Nike Inc in Area 3 which was later sent off-site for
incineration Area 4 of the Landfill has been graded and is
covered with a thin layer of soil
b A number of monitoring efforts at the Site have
been undertaken by the City of Saco and others In 1980 34
private wells located near the Site were sampled In 1984 the
City of Saco contracted with Dubois amp King which installed 24
additional monitoring wells conducted sampling of groundwater
surface water off-site residential wells and ponds and
initiated quarterly sampling In 1987-1988 the City of Saco
contracted with Balsam Environmental Consultants to conduct
sampling of groundwater surface water and leachate in
preparation for Landfill closure activities In 1989 Balsam
evaluated the existing monitoring well network and submitted a
Remedial Investigation Plan
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 15
c From September 1992-April 1994 Halliburton NUS
Corporation provided technical assistance to EPA conducted a
Limited Field Investigation under EPA oversight and prepared a
Final Site Summary Report regarding the Site In 1993-1994 the
US Geological Survey under an Interagency Agreement with the
EPA conducted a detailed geologichydrogeologic review of the
Site and installed monitoring wells performed numerous
geophysical analyses and monitored and sampled surface water
B Performing Respondent
11 The City of Saco is a municipality which currently owns
the Landfill Parcel and the Landfill and owned the landfill
Parcel and the Landfill during the time of disposal of hazardous
substances at the Landfill The City also operated the Landfill
during the time of disposal of hazardous substances at the
Landfill either directly or through a contractor The City of
Saco typically provided trash removal services for residential
and non-industrial commercial entities Industrial entities
handled their own waste hauling to the Landfill
C Non-Performing Respondents
12 The following parties are Non-Performing Respondents
Robus Leather Corporation fka George Newman amp Company
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 16
successor by merger to Biddeford Industries Inc a corporation
under the law of the State of Ohio CL Hauthaway amp Sons Corp
a corporation under the law of the Commonwealth of Massachusettsshy
Gabriel Electronics Incorporated a corporation under the law of
the State of Maine Litton Industries Inc a corporation under
the law c_ the State of Delaware- Lyn-Flex Industries an
unincorporated division of Der-Tex Corporation a corporation
under the law of the Commonwealth of Massachusetts Millipore
Corporation a corporation under the law of the Commonwealth of
Massachusetts Nike Inc a corporation under the law of the
State of Oregon ZENECA Inc a corporation under the law of the
State of Delaware Saco Defense Inc a corporation under the law
of the State of Delaware Bemis Company Inc a corporation
under the law of the State of Missouri and Champion
International Corporation a corporation under the law of the
State of New York EPA and Maine DEP allege that each Non-
Performing Respondent arranged by contract agreement or
otherwise for the disposal or treatment of hazardous substances
at the Landfill andor accepted or
had a corporate relationship with a person that accepted
hazardous substances for transport to the Landfill
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 17
C Environmental Status of Site
13 Beginning in the mid-1970s individuals residing near
the Site reported water quality concerns regarding their drinking
water wells To address these concerns the municipal water
supply was extended along Buxton Road (Route 112) in 1975
14 Based upon the hazardous substance releases detected
during EPA MEDEP and City of Saco investigations at the Site
and other information available to EPA regarding disposal of
hazardous substances by industrial generators at the Landfill
and pursuant to Section 105(a)(8)(B) of CERCLA 42 USC
sect 9605(a)(8)(B) the Site was proposed for inclusion on the
National Priorities List (NPL) published by the Administrator
of EPA in the Federal Register on June 24 1988 (NPL Update 7
53 Fed Reg 23988-98) The Site was listed for final inclusion
on the NPL on February 21 1990 (NPL Final Rule Update 7 55
Fed Reg 6154)
15 EPA MEDEP and the City of Saco have entered into the
Administrative Order by Consent for Remedial Investigation
Feasibility Study US EPA Region I CERCLA Docket No I-CERCLAshy
95-1069 (RIFS Order) in order to fully investigate the release
or threat of release of hazardous substances at the Site The
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 18
RIFS Order became effective on October 2 1995 The Remedial
Investigation and Feasibility (RIFS) Study is still in
progress
16 The RIFS and earlier investigations have revealed that
the landfill waste material is the source of hazardous substances
migrating to the underlying soils groundwater sediments and
surface water Hazardous substances were detected in groundwater
monitoring wells adjacent to and downgradient of the Site
indicating that hazardous substances have migrated from the Site
into the overburden groundwater which discharges to Sandy Brook
Groundwater data indicates that hazardous substances including
but not limited to arsenic manganese vinyl chloride benzene
and bis(2-ethylhexyl)phthalate are present at concentrations
above the maximum contaminant levels established under the
federal Safe Drinking Water Act and the Maine Maximum Exposure
Guidelines In addition hazardous substances from the Site have
accumulated in the sediments of leachate seeps adjacent to Sandy
Brook The level of arsenic in one leachate seep adjacent to
Sandy Brook is over 200 times the National Oceanic and
Atmospheric Effects Range-Low concentrations for sediments (NOAA
ER-L)
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 19
17 On June 6 1996 EPA issued an Engineering
EvaluationCost Analysis (EECA) Approval Memorandum for the
Site In this memorandum EPA concludes that a CERCLA Non-Time-
Critical Removal Action is necessary and appropriate to control
the source of hazardous substance releases at the Site and
authorizes the undertaking of an EECA study to evaluate various
response options On July 26 1996 EPA approved the EECA
Report prepared by the City of Saco pursuant to the RIFS Order
18 On September 23 1996 the Director of OSRR EPA Region
I signed an Action Memorandum for a Non-Time-Critical Removal
Action at the Site In order to control and contain the release
of hazardous substances from Areas 3 and 4 of the Saco Municipal
Landfill Site the Action Memorandum calls for excavation of
groundwater seep sediments with arsenic concentrations above 19
mgkg the construction of a multi-layer landfill cap
institutional controls long-term monitoring and Post-Removal
Site Control (operation and maintenance) of the cap and
monitoring wells
D Endangerment and Response
19 The primary route by which human populations could be
exposed to hazardous substances migrating from the Site is
Administrative Order By Concent for Removal Action Saeo Municipal Landfill Superfund Site Page 20
ingestion of groundwater in the vicinity of Areas 3 and 4 At
present no residents living near the Site are known to be
consuming impacted groundwater However the potential exists
for new residences to be located (with associated drinking water
wells) near the Site
20 Due to ongoing weather conditions water infiltrates
the landfill waste material and underlying soils causing the
leaching of hazardous substances to the groundwater and the
migration of such substances through the groundwater An
exposure pathway potentially exists therefore through the
ingestion of water from a drinking water well installed in the
groundwater impacted by the hazardous substances
21 A risk evaluation performed for the EECA Approval Memo
concludes that there is an unacceptable cancer and non-cancer
risk from exposure to substances in the groundwater including
those hazardous substances listed in Paragraph 9 above The
cumulative excess cancer risk resulting from ingestion of
groundwater by a future user is estimated as 1 x 10~2 for the
reasonable maximum exposed individual and 91 x 104 for the
average exposed individual These levels exceed the highest
acceptable level of risk (1 x 10) established by EPA under the
Administrative Order By Convent for Removal Action Saoo Municipal Landfill Superfund Site Page 21
National Contingency Plan The hazard index which is an
expression of the potential noncarcinogenic effects (eg liver
damage) of the hazardous substances is estimated as 64 for the
reasonable maximum exposed individual and 22 for the average
exposed individual A hazard index significantly greater than
one is considered to pose an unacceptable risk
22 The EECA Approval Memo risk evaluation also identified
an unacceptable risk from human exposure to the maximum
concentrations of arsenic in the groundwater seeps and an
unacceptable non-cancer risk from human exposure to chromium in
the soils adjacent to Area 3
23 An ecological risk was also identified by the EECA
Approval Memo risk evaluation Iron concentrations in Sandy
Brook were up to 18 times the ambient water quality criteria and
arsenic concentrations in Sandy Brook sediments and the
groundwater seep sediments were 138 times the NOAA ER-L
24 The Removal Action specified in the Action Memorandum
signed by the Director of OSRR EPA Region I on September 23
1996 and as detailed in the Order and SOW is designed to
control the actual or threatened release of hazardous substances
into the groundwater air surface water and sediments and
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 22
thereby prevent minimize andor mitigate the imminent and
substantial endangerment to the public health or welfare or the
environment posed by the actual or potential releases of
hazardous substances from the Landfill
V EPAS AND MAINE PEPS DETERMINATIONS
Based on the Findings of Fact set forth above and the
administrative record supporting the Removal Action EPA and the
Maine DEP have determined that
25 The Saco Municipal Landfill Superfund Site is a
facility as defined by Section 101(9) of CERCLA 42 USC
sect 9601(9) and an uncontrolled hazardous substance site within
the meaning of the Maine Uncontrolled Sites Law 38 MRSA
sect 1362(3) (1989 amp Supp 1997)
26 The hazardous substances found at the Site as
identified in the Findings of Fact above include hazardous
substance(s) as defined by Section 101(14) of CERCLA 42 USC
sect 9601(14) and the Maine Uncontrolled Sites Law 38 MRSA
sect 1362(1) (1989 amp Supp 1997)
27 Each Respondent is a person as defined by Section
101(21) of CERCLA 42 USC sect 9601(21)
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 23
28 Each Respondent is a liable party within the meaning of
Section 107(a) of CERCLA 42 USC sect 9607(a) and a responsible
party within the meaning of the Maine Uncontrolled Hazardous
Substances Sites Law 38 MRSA sect 1362(2) (1989 amp Supp 1997)
29 The conditions described in the Findings of Fact above
constitute an actual or threatened release of a hazardous
substance from the facility into the environment as defined by
Section 101(8) and (22) of CERCLA 42 USC sect 9601(8) and (22)
30 The conditions present at the Site may constitute a
threat to public health welfare andor the environment based
upon the factors set forth in Section 300415(b)(2) of the
National Contingency Plan 40 CFR sect 300415(b)(2)
31 The actual or threatened release of hazardous
substances from the Site may present an imminent and substantial
endangerment to the public health welfare or the environment
within the meaning of Section 106(a) of CERCLA 42 USC
sect 9606(a) and may constitute threats or hazards posed or
potentially posed by an uncontrolled site within the meaning of
the Maine Uncontrolled Sites Law 38 MRSA sect 1364 (1989 amp
Supp 1997)
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 24
32 In order to protect the public health and welfare and
the environment and prevent the further release or threat of
release of hazardous substances in at or from the Site a
Removal Action is necessary and appropriate The Removal Action
will consist of implementation of this Order and SOW The SOW is
designed to prevent minimize andor mitigate damage to the
public health or welfare or the environment which may otherwise
result from the release or threat of release of hazardous
substances and was developed in accordance with the criteria set
forth at Section 300415 of the NCP 40 CFR sect 300415 The
Removal Action is not inconsistent with the NCP and CERCLA
33 Despite the Non-Performing Respondents agreement to
make payments to be used for performance of the Work and the
Performing Respondents agreement to perform Work under this
Order Respondents do not admit any of the factual or legal
determinations made by EPA and Maine DEP Respondents agreement
to this Order shall not be construed to be an acknowledgment that
the release or threatened release constitutes an imminent and
substantial endangerment to the public health or welfare or the
environment Except as otherwise provided in the Federal Rules
of Evidence and other than in proceedings to enforce i) this
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 25
Order ii) any agreement between and amonc e Performing
Respondent and Non-Performing Respondents regarding the Site or
iii) a judgment relating to this Order or any such agreement
Respondents participation in this settlement shall not be
considered an admission of liability for any purpose and the
fact of such participation shall not be admissible in any
judicial or administrative proceeding
VI ORDER
34 Based upon EPAs and MEDEPs jurisdiction the Findings
of Fact and Determinations set forth above and the
administrative record supporting the Removal Action EPA and the
Maine DEP hereby order and the Parties hereby agree that the
Respondents as required herein shall comply with the provisions
of this Order and SOW and perform all actions required by the
terms and conditions of this Order and SOW
VII REMOVAL WORK TO BE PERFORMED COMPLETION OF WORK
35 Upon the effective date of this Order the City shall
perform the Work detailed in the SOW to perform the Removal
Action and meet the performance standards specified in the Action
Memorandum and the SOW The Parties agree that the SOW is
consistent with the Action Memorandum Notwithstanding any
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 26
determination that EPA may make under Paragraph 70 cpound this Order
that additional response actions are necessary to attain the
performance standards specified in the Action Memorandum
compliance with the Work requirements specified in the SOW shall
constitute compliance with the Citys obligation to perform the
Work required by this Paragraph (Paragraph 35) If the SOW must
be modified to ensure that the City meets the performance
standards specified in the Action Memorandum and the SOW the
City must thereafter complete the Work required by the SOW as
modified As specified in the SOW the Removal Action will
generally consist of (i) excavation of all sediments in the
groundwater seep adjacent to Sandy Brook having an arsenic
concentration above 19 mgkg (ii) the design and construction of
a multi-layer low hydraulic conductivity cap over the landfill
(iii) long-term monitoring of the groundwater surface water and
sediments (iv) Post-Removal Site Control and (v) institutional
controls including deed restrictions andor other controls to
prohibit the future use of the Site in any manner that would
compromise the integrity of the cap and its related systems
36 The City shall conduct as necessary Post-Removal Site
Control at the Site in accordance with the SOW All activities
Administrative Order By Connent for Removal Action Saco Municipal Landfill Superfund Site Page 27
performed by the City shall be conducted in accordance with
CERCLA the NCP applicable guidance documents specified by EPA
in the SOW and the provisions of this Order including any
standards specifications and time schedules contained in the
SOW (as such may be amended) and its attachments
37 Pursuant to the schedule in Attachment A to the SOW
the City shall submit for EPA Approval the Final Demonstration of
Compliance and Completion of Removal Action Report (the Final
Completion of Removal Action Report) The Final Completion of
Removal Action Report shall conform to the requirements specified
in the SOW The Final Completion of Removal Action Report shall
also include the following certification signed by the Citys
Project Coordinator or a responsible City official
On behalf of the City for whom I have the authority to make this certification I certify that to the best of my knowledge after appropriate inquiries of relevant persons involved in the preparation of the Report the information submitted 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
38 If EPA after reasonable opportunity for review and
comment by the State determines that the construction portion of
the Removal Action has been fully performed in accordance with
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superpoundund Site Page 28
this Order (with the exception of continuing obligations required
by this Order including without limitation Post-Removal Site
Control long-term monitoring and record preservation) and that
the performance standards specified in the Action Memorandum and
the SOW have been achieved EPA will provide written notice to
the City If EPA after reasonable opportunity for review and
comment by the State determines that all activities have not
been completed in accordance with the provisions of this Order
it will so notify the City and provide a list of the tasks
remaining and a schedule for their completion Subject to the
Citys right to invoke Dispute Resolution the City shall perform
all remaining tasks and shall submit an amended Final Completion
of Removal Action Report in accordance with the EPA notice
VIII COORDINATION AND COOPERATION WITH OTHER RESPONSE ACTIONS
39 The Parties recognize that (i) the City of Saco is
currently performing an RIFS at the Site (ii) EPA intends
after reasonable opportunity for review and comment by the Maine
DEP to select a final remedial action for the Site following
completion of the RIFS and (iii) the design andor construction
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Superfund Site Page 29
of a future remedial action may be performed concurrently with
the Citys performance of portions of the Removal Action
40 The City shall coordinate and cooperate fully with EPA
the State and any other person conducting future response
actions at the Site under EPA or State supervision The City
shall not interfere with or hinder the performance of future
response actions nor take any actions inconsistent with the
performance of any future response actions Further the City
shall provide such assistance and information as EPA deems
necessary to ensure the smooth transfer of the operation and
maintenance of the landfill systems to EPA and any other person
conducting future response actions at the Site under EPA or State
supervision if such becomes necessary
IX ENSftlt3EMTiTJT 9F THE CITYS CONSULTANT AND CONTRACTOR AND PROJECT COORDINATOR
41 The City has selected a qualified Consultant (the
Consultant) Woodard and Curran Inc to perform engineering
consulting work including cap design required under this Order
Additional technical activities including cap construction will
be performed by a contractor yet to be selected The Consultant
and contractor shall employ key personnel dedicated to the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 30
Removal Action that shall have a minimum of five (5) years of
direct experience in performing response actions at hazardous
waste sites Subcontractors retained by the Consultant or
contractor shall contribute no more than fifty percent (50) of
the total work to be conducted under the agreement between the
City and the Consultant All work performed by said Consultant
and contractor pursuant to this Order shall be unde^ the general
direction and supervision of a qualified individual with
expertise in hazardous waste site cleanup The contractor shall
employ such professional staff and shall contract with
appropriate subcontractors sufficient to perform the Removal
Action prior to engagement by the City
42 The City shall provide written notice to EPA and the
Maine DEP within ten (10) days after engaging a contractor The
notice shall include a copy of the Citys contract with the
contractor a statement of qualifications identification of
project personnel and language dedicating the specific
professional staff for specific hours devoted to the project
The City shall notify EPA and the Maine DEP regarding the
identity and qualifications of all subcontractors as soon as each
subcontractor is engaged or at least fourteen (14) days prior to
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Superfund Site Page 31
the subcontractors commencement of Site Work whichever occurs
first Notice by the Citys contractor or subcontractor shall be
deemed notice by the City EPA after reasonable opportunity for
review and comment by the Maine DEP shall have the right
subject to the Citys right to invoke Dispute Resolution to
disapprove based on professional qualifications conflicts of
interest andor deficiencies in previous similar work the
Consultant and any contractor or subcontractor or other person
engaged directly or indirectly by the City to conduct the Work
under this Order The City shall not be deemed in violation of
this Order because the Work has been performed by a contractor or
subcontractor or other person engaged directly or indirectly by
the City to conduct the Work under this Order which is
subsequently disapproved by EPA
43 Within fourteen (14) days after the effective date of
this Order the City shall designate a Project Coordinator who
shall be responsible for the administration of all actions called
for by this Order and shall submit the Coordinators name
address and telephone number to EPA and the ^aine DEP Any
subsequent change in the Citys Project Coordinator shall be
accomplished to the extent possible by notifying EPA and the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 32
Maine DEP in writing at least fourteen (14) days prior to the
change The Citys Project Coordinator shall be subject to
disapproval by EPA and shall have the technical expertise
sufficient to adequately oversee all aspects of the work required
under this Order
X DESIGNATION OF GOVERfffMHSITT COORDINATORS
44 EPA will designate a Remedial Project Manager (WRPM)
for administration of its responsibilities for oversight of the
day-to-day activities conducted under the Order and for receipt
of all written matter including deliverables required by the
Order The Maine DEP may designate a Maine DEP Project Manager
for the administration of its responsibilities for oversight of
the day-to-day activities conducted under the Order and for
receipt of all written matter including deliverables submitted
to the Maine DEP as required by this Order In addition EPA
will designate a Geographic Section Chief (GSC) who shall have
ultimate responsibility for the approvaldisapproval findings and
comments on Deliverables pursuant to Section XIV of this Order
EPA will submit the name address and telephone number of the
RPM and GSC to the City and the Maine DEP within fourteen (14)
days after the effective date of this Order EPA shall notify
Administrative Order By Consent for Removal Action Saco Municipal Landfill Suparfund Site Page 33
the City and the Maine DEP in writing of any subsequent changes
in the RPM or GSC
45 The RPM shall have the authority vested in the On-Scene
Coordinator and the Remedial Project Manager by the National
Contingency Plan as amended 40 CFR Part 300 This includes
the authority to halt conduct or direct any tasks required by
this Order andor any response action or portions thereof when
conditions may present an imminent and substantial endangerment
to public health or welfare or the environment The absence of
the EPA RPM from the Site shall not be cause for the City to halt
actions at the Site unless specifically directed by the RPM
XI PLACE AND MANNER OF NOTICE
46 Communications between the City and EPA andor the
Maine DEP and all documents including reports approvals
disapprovals written notice and other correspondence concerning
the activities performed pursuant to the terms and conditions of
this Order shall be directed through the Citys Project
Coordinator the EPA RPM and the Maine DEP Project Manager For
each Deliverable provided to EPA one (I) camera ready (unbound)
original shall be submitted along with such additional copies as
are required by the RPM Additionally two (2) copies shall be
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 34
submitted to the Maine DEP Project Manager along with such
additional copies as the Maine DEP Project Manager may request
All such documents submitted pursuant to this Order shall be sent
by certified mail return receipt requested or by overnight
delivery service or by courier to the EPA RPM and the Maine DEP
Project Manager at the following addresses or to such other
addresses as EPA or the State hereafter may designate in writing
Mary Jane ODonnell Chief MEVTCT Superfund Section US Environmental Protection Agency Office of Site Remediation and Restoration - HBT JFK Federal Building Boston MA 02203
Wilkes Harper Maine DEP Bureau of Remediation and Waste Management 17 State House Station Augusta ME 04333-0017
XII OBSERVATION OF THE CITYS ACTIVITIES
47 The City shall allow the EPA RPM EPA and State
employees (including but not limited to the Maine DEPs Project
Manager) agents consultants contractors and authorized
representatives to observe the Citys Work at the Site in
implementing the Removal Action activities pursuant to this
Order All activities under this Order shall comply with the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 35
provisions for respmdash pe action worker safety and health in
29 CFR sect 1910120 EPA and Maine DEP will provide reasonable
notice to the City prior to such observation to the extent
practicable The City shall permit such persons (i) to inspect
and copy all non-privileged records documents files or other
writings that relate in any way to the work at the Site and that
would be available to EPA pursuant to its authority under Section
104(e)(2) of CERCLA (ii) to record all field activities by means
of photographic or other recording equipment (iii) to enter and
to freely move about all property on or about the Site during
field activities and at all other reasonable times (iv) to
conduct such tests as EPA may deem necessary (the results of
which shall be available to the Respondents and (v) to verify
the data submitted to EPA by the City The City shall not assert
privileges with respect to technical data regarding the Site
collected pursuant to any requirement of the RIFS Administrative
Order by Consent this Order or any other EPA or Maine DEP
request
XIII NECESSITY OF FORMAL APPROVAL
48 No informal advice guidance suggestions or comments
whether written or oral by EPA or the Maine DEP regarding
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 36
Deliverables or regarding any orv er written or oral information
submitted by the City to EPA (including any information the City
provides to EPA before during or after meetings) shall be
construed as relieving the City of its obligations to obtain such
formal reviews as may be required by this Order and SOW
XIV DELIVERABLES SUBMITTED TO EPA AND THE MAINE PEP
49 For Deliverables which require EPA Approval as
specified in this Order or the SOW the City shall comply with
the procedures set forth in subsection XIVA below For
Deliverables which require Performing Respondents Certification
as specified in the SOW the City shall comply with the
procedures set forth in subsection XIVB below
50 All Deliverables submitted to EPA and the Maine DEP
shall be delivered to EPA and the Maine DEP in accordance with
the schedule set forth in the SOW or otherwise established under
this Order or as modified in accordance with Section XXXXI All
Deliverables which have not received an Approval or Approval with
Conditions pursuant to subsection XIVA below or which require
the Citys Certification pursuant to subsection XIVB below
shall include the following disclaimer in a prominent location in
the document Disclaimer This document has been prepared by
Administrative Order By Concent for Removal Action Saco Municipal Landfill Superfund Site Page 37
the City pursuant to a government administrative order and has
not received final acceptance from the US Environmental
Protection Agency The opinions findings and conclusions
expressed are those of the authors and not those of the US
Environmental Protection Agency or Maine Department of
Environmental Protection In addition any such Deliverable
which requires EPA Approval pursuant to subsection XIVA below
and which has not received final approval from EPA shall be
marked DRAFT on each page
51 Any Deliverable required by this Order or SOW shall be
incorporated in and become an enforceable part of this Order
upon EPA Approval pursuant to subsection XIVA or upon the
Performing Respondents Certification pursuant to subsection
XIVB whichever applies Delay or noncompliance with such
Deliverables shall be considered delay or noncompliance with
requirements of this Order and the provisions of Section XXX
(Stipulated Penalties) shall apply
A Deliverables Requiring EPA Approval
52 EPA will review each Deliverable which requires EPA
Approval as specified in this Order or Attachment A of the SOW to
determine after reasonable opportunity for review and comment by
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 38
the Maine DEP whether it is consistent wi^b the requirement-^ of
the SOW and the Order and may respond to the City with one or
more of the following findings
a Approval -- means that the City shall proceed with the
next scheduled activity consistent this Order
(including the approved Deliverable)
b Approval with Conditions -- means that the City shall
proceed with the next scheduled activity subject to
certain required modifications or conditions set forth
in the EPA comments In its response EPA will specify
a schedule for resubmitting the Deliverable with the
required modifications or conditions as set forth in
the EPA comments and EPA will specify in writing the
required modifications or conditions If the City
fails to resubmit the Deliverable within the specified
time EPA may order the City to cease work on the
activity or any portion of it until such time as the
modification is made or the condition is met
c Disapproval with Modification Required -- means that
the City shall not proceed until it modifies the
Deliverable to correct the deficiencies delineated in
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 39
EPAs corr(ccergtsl and resubmits the Deliverable for
further EPA review Modifications may be required in
any originally-submitted Deliverable any portions of a
Deliverable or any Deliverable or portion of a
Deliverable resubmitted to EPA EPA will specify a
schedule for resubmitting any Deliverable requiring
modifications
d Disapproval with EPA Modification mdash means that EPA has
determined that it will modify the submission to cure
any deficiencies in the Deliverable andor undertake
the Work or any portion of it itself EPA will include
a brief explanation for its determination within the
Notice of Disapproval with EPA modification The City
agrees to reimburse EPA for the costs of such
modification or such Work undertaken by EPA as
Extraordinary Response Costs pursuant to and subject to
Paragraph 82 of this Order However EPA shall not
modify a submission without first providing the City at
least one notice of deficiency and an opportunity to
cure within seven (7) days of receipt of such notice
except where to do so would cause serious disruption to
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 40
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
53 Any disapproval of a Deliverable will give rise to
stipulated penalties as set out in this Order- stipulated
penalties shall accrue from the time the disapproved Deliverable
was originally due Stipulated penalties shall not be payable
however for Deliverables Disapproved with Modification Required
unless disapproval of a first resubmission is due to a material
defect In the case of Deliverables Disapproved with EPA
Modification pursuant to Paragraph 52d stipulated penalties
shall not continue to accrue after 30 days after the Deliverable
is disapproved except if the City disputes the disapproval in
which case stipulated penalties shall run in accordance with
Section XXX of this Order In the event of a disagreement over
EPAs determination concerning a Deliverable the parties shall
resolve the disagreement in accordance with the Dispute
Resolution Section (Section XXIX) of this Order A determination
of Approval or Approval with Conditions shall not be construed to
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 41
mean that EPA concurs with all conclusions methods or
statements in the Deliverables
B Deliverables Requiring Performing Respondents Certification
54 Each Deliverable requiring the Performing Respondents
Certification as specified in Attachment A of the SOW shall be
certified by the City as provided below Upon submittal to EPA
and the Maine DEP the City shall proceed with the next scheduled
activity consistent with each such Deliverable without further
notification or approval by EPA Each such Deliverable shall
include the following certification signed by the Citys Project
Coordinator
On behalf of the City for whom I have the authority to make this certification I certify to the best of my knowledge and professional judgment after appropriate inquiries of relevant persons involved in the preparation of this Deliverable that the guidance documents specified in the SOW which apply to this Deliverable were reviewed in preparation of this Deliverable I further certify that to the best of my knowledge and professional judgment this Deliverable is in accordance with the SOW and the guidance documents specified therein which apply to this Deliverable I am aware that the City may be subject to stipulated penalties for submitting a Deliverable that is not in conformance with the SOW and the guidance documents specified therein which apply to this Deliverable
55 EPA at its discretion may provide comments to the
City concerning any Deliverable requiring the Performing
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Suparfund Site Page 42
Respondents Certification and after reasonable opportunity for
review and comment by the State may disapprove the Deliverable
and notify the City of deficiencies in writing Upon receipt of
a notice of disapproval with deficiencies the City shall suspend
performance of all action required by the Deliverable and shall
correct the deficiencies and resubmit the Deliverable within
thirty (30) days or such other time period specified by EPA in
the notice of disapproval Notwithstanding a notice of
disapproval the City shall proceed to take any action required
by any non-deficient portion of the Deliverable If EPA
disapproves the Deliverable as resubmitted the City shall be in
violation of the Order and the provisions of Section XXX
(Stipulated Penalties) shall apply
XV MONTHLY PROGRESS REPORTS AND MEETINGS
56 The City shall provide monthly written progress reports
(Progress Reports) to EPA and the Maine DEP as specified in
the SOW Meetings between the RPM the Maine DEP the RPC and
the Consultant may be held at least once per month at the EPA
office in Boston unless EPA designates another location or
determines that a monthly meeting is not required for a
particular month The City id the Consultant and contractor
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 43
engaged to perform the Work under this Order shall also meet with
and make formal presentations to EPA at the completion of major
components of the Removal Action as specified by the EPA RPM
After completion of all construction activities the City may
upon EPA approval reduce the frequency of submission of the
monthly Progress Reports
57 The City shall submit in its monthly progress reports a
summary of results of sampling andor tests and other data
generated by the City by its Consultant and contractor or on
the Citys behalf in the course of implementation of the Order
The City shall furnish the full results and any underlying
documentation to EPA upon request
XVI QUALITY ASSURANCEQUALITY CONTROL
HEALTH AND SAFETY COMPLIANCE
58 While conducting sample collection sample analysis
and construction activities required by this Order the City
shall use quality assurance quality control and chain of
custody procedures in accordance with EPAs Interim Guidelines
and Specifications for Preparing Quality Assurance Project Plan
(December 1980 QAMS-00580) Data Quality Objective Guidance
(EPA540G87003 and 004) subsequent amendments to such
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 44
guidelines the Quality Assurance Project Plan (QAPP) approved
under the RIFS Order and additional quality assurance
procedures for construction activities required in the SOW
59 The City shall prepare a Health and Safety Plan as
required and described in the SOW The Health and Safety Plan
shall be consistent with and implement standards promulgated by
the Secretary of Labor pursuant to CERCLA and Section 6 of the
Occupational Safety and Health Act of 1970
XVII SPLIT SAMPLING
60 At the request of EPA or the Maine DEP the City shall
provide split or duplicate samples to EPA and the Maine DEP or
their authorized representatives of any samples collected by the
City pursuant to the implementation of this Order Similarly
the City shall allow such split or duplicate samples to be taken
by EPA the Maine DEP andor their authorized representatives
The City shall notify EPA and the Maine DEP not less than thirty
(30) days or such lesser time as approved by the EPA RPM in
advance of any sample collection activity Not less than twenty-
one (21) days in advance of sample collection or such lesser
time as approved by the RPM the City shall notify EPA and the
Maine DEP of the sampling date sampling media and the number of
Administrative Order By Convent for Removal Action Saco Hunicipal Landfill Superfund Site Page 45
samples from each media EPA and the Maine DEP shall conduct any
sampling activities in a reasonable manner Upon request EPA
and the Maine DEP shall allow the City to take split or duplicate
samples of any samples they collect as part of their oversight of
the Citys implementation of the Work
XVIII RECORD PRESERVATION
61 During the pendency of this Order and for a period of
not less than six (6) years after EPA approval of the Final
Completion of Removal Action Report the Respondents shall
preserve all records and documents in their possession which
relate in any way to the performance of activities required under
this Order notwithstanding any document retention policy to the
contrary provided that this Paragraph shall not apply to copies
of documents that are generated by the City EPA or the State of
Maine related to this Order that are in the custody of any Non-
Performing Respondent This Paragraph does not alter the
document retention requirements of the RIFS Order and the Cost
Recovery Administrative Agreement The City shall instruct its
consultants contractors and agents to preserve all records and
documents in their possession which relate to the performance of
the activities required under this Order At the conclusion of
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 46
this document retention period the Respondents shall notify JlPA
and the Maine DEP at least ninety (90) days prior to the
destruction of any such records or documents The Respondents
shall send such notice accompanied by a copy of this Order to
Office of Regional Counsel US Environmental Protection Agency JFK Federal Building Boston MA 02203 Attention Saco Municipal Landfill Superfund Site Re Administrative Order by Consent for Removal Action
and Wilkes Harper Maine DEP Bureau of Remediation and Waste Management 17 State House Station Augusta ME 04333-0017
Upon request by EPA the Respondents shall deliver to EPA any or
all such non-privileged records and documents or copies of any
such non-privileged records and documents The Settling Parties
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 Parties
assert such a privilege they shall provide the EPA with the
following (l) the title of the document record or
information (2) the date of the document record or
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 47
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 Parties However no documents reports or other
information created or generated to meet the requirements of the
Order shall be withheld on the grounds that they are privileged
If EPA does not elect to take delivery of any records or
documents or copies thereof upon request by the Maine DEP the
Respondents shall deliver the requested records and documents or
copies thereof to the Maine DEP If neither EPA nor the Maine
DEP elect to take delivery of any records documents or copies
within 90 days of notice to EPA and the Maine DEP the
Respondents may destroy such records or documents as noticed
XIX CONFIDENTIALITY CLAIMS
62 The City may assert a confidentiality claim if
appropriate covering all or part of the information requested by
this Order pursuant to 40 CFR sect 2203(b) Such an assertion
shall be adequately substantiated when it is made Neither
analytical data nor any information specified in Section
104(e)(7)(F) of CERCLA shall be claimed as confidential by the
Administrative Order By Consent for Removal Action Sm -o Municipal Landfill Suprfund Site Page 48
City Information in EPAs custody which is determined to be
confidential by EPA shall be afforded the protection specified by
40 CFR Part 2 Subpart B and Section 104(e)(7) of CERCLA
Information in MEDEPs custody which is determined to be
confidential by EPA shall be afforded the protection specified by
40 CFR Part 2 Subpart B to the extent provided by applicable
Maine law If no such claim accompanies the information when it
is submitted to EPA and the Maine DEP it may be made available
to the public by EPA and the Maine DEP without further notice to
the City
XX SITE ACCESS
63 The City shall grant access to the Site to EPA and the
Maine DEP and their officers employees agents contractors
consultants and other authorized representatives for purposes of
implementing and monitoring work to be performed urder this
Order during field activities and at all other reasonable times
64 To the extent access to use or ownership of or
easements over property other than the Site is required for the
proper and complete implementation of this Order the City shall
use i_3 best efforts to obtain site access agreements or other
interests in such property within ninety (90) days after the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 49
Orders effective date or within forty-five (45) days of when
EPA and the Maine DEP determine that such access or other
interests become necessary if EPA and Maine DEP first determine
that such access or other interests are necessary after the
effective date of this Order For purposes of this Paragraph
best efforts include but are not limited to providing
reasonable consideration in exchange for access to or other
interests in property
65 Such written access agreements or other interests
obtained pursuant to the preceding Paragraph shall at a minimum
allow the Citys authorized representatives and EPA and the
Maine DEP and their officers employees agents contractors
consultants and other authorized representatives to enter freely
and move about the property during field activities and at all
other reasonable times in order to implement and oversee the
implementation of the Work under this Order consistent with the
other provisions of this Order In the event that the City fails
to obtain any necessary access agreements or other interests
within the time period specified above the City shall notify EPA
and the Maine DEP in writing within five (5) days thereafter
Such notification shall include a description of the efforts made
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 50
by the City to obtain the necessary access and other interests
and the reason for its lack of success The City shall reimburse
EPA for the costs of any action necessary to obtain access as
Extraordinary Response Costs pursuant to and subject to the terms
of Paragraph 82
XXI ENDANGERMENT AND EMERGENCY RESPONSE
66 Upon the occurrence of any event or change of
conditions during implementation of this Order that causes or
threatens any release of hazardous substances pollutants or
contaminants from the Site that endangers the public health
welfare or the environment the City shall immediately take all
appropriate action to prevent abate or minimize such release or
endangerment The City shall also orally notify the EPA and
Maine DEP RPMs within twenty-four (24) hours or in the event of
the EPA RPMs unavailability shall notify within the same period
the Regional Duty Officer of the Emergency Planning and Response
Branch EPA Region I telephone (617) 223-7265 The City shall
act in accordance with all applicable provisions of the Health
and Safety Plan prepared pursuant to the Statement of Work
67 The City shall submit a written report to EPA and the
Maine DEP within seven (7) days after each such event setting
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 51
forth (i) the events that have occurred (ii) the measures caken
and to be taken to mitigate any harm caused or threatened by the
event and (iii) the measures taken and to be taken to prevent
the recurrence of such an event
68 Regardless of whether or not such a report is made to
EPA if EPA determines after reasonable opportunity for review
and comment by the Maine DEP to the extent time permits that
activities in compliance or noncompliance with this Order have
caused or may cause a release of a hazardous substance pollutant
or contaminant that endangers the public health or welfare or the
environment EPA may (i) order the City to stop further
implementation of this Order for such period of time as may be
needed to abate such release or threat (ii) instruct the City to
undertake any action which EPA determines is necessary to abate
such a release or threat andor (iii) undertake any action not
inconsistent with the NCP which EPA determines is necessary to
abate such a release or threat
69 In the event that EPA takes action at the Site to remedy
such a release threat of release or endangerment the City
shall reimburse EPA for the costs of such action not inconsistent
with the NCP as Extraordinary Response Costs pursuant to and
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 52
subject to the terms of Paragraph 82 In the event of a
disagreement between the City and EPA andor the Maine DEP under
this Paragraph the parties shall resolve such dispute in
accordance with the Dispute Resolution provisions in Section
XXIX
XXII ADDITIONAL RESPONSE ACTIONS
70 EPA after reasonable opportunity for review and
comment by the Maine DEP may determine that additional response
actions are necessary to carry out the Removal Action or to meet
the performance standards specified in the Action Memorandum and
the SOW Within 30 days of the Citys receipt of notice from EPA
that additional response actions are necessary (or such longer
time as may be specified by EPA) the City shall submit for EPA
approval after reasonable opportunity for review and comment by
the Maine DEP a work plan for the additional response actions
The plan shall conform to this Order the SOW CERCLA the NCP
and guidance documents identified by EPA Upon EPA approval of
the work plan pursuant to Section XIV (Deliverables Submitted to
EPA) the City shall implement the work plan for additional
response actions in accordance with the schedule contained
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 53
therein All applicable provisions of this Order shall apply to
the performance of additional response actions
71 The City may independently propose that additional
response actions are necessary to carry out the Removal Action or
to meet the performance standards specified in the Action
Memorandum and the SOW In the event EPA after reasonable
opportunity for review and comment by the Maine DEP accepts the
Citys proposal the procedures in the preceding Paragraph shall
govern
72 The City may invoke the procedures set forth in Section
XXIX (Dispute Resolution) to dispute EPAs determination that
additional response actions are necessary to carry out the
Removal Action or to meet the performance standards specified in
the SOW
XXIII OFF-SITE POLICY
73 All hazardous substances pollutants or contaminants
removed off-site pursuant to this Order for treatment storage
or disposal shall be treated stored or disposed of at a
facility in compliance with Section 121(d)(3) of CERCLA as
determined by EPA in accordance with 40 CFR sect 300440 The
removal treatment storage and disposal of all hazardous
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 54
substances pollutants or contaminants she- be in accordancj
with the Maine hazardous waste transportation law to the extent
applicable and all other applicable Maine law
74 The City shall prior to any off-site shipment of
hazardous substances pollutants or contaminants from the Site
pursuant to this Order to an out-of-state waste management
facility provide written notification of such shipment to the
appropriate state environmental official in the receiving
facilitys state and to the EPA RPM and the Maine DEP 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 or where the Maine Hazardous Waste
Management Regulations do not require notification
75 The City shall include in the written notification the
following information (1) the name and location of the facility
to which the hazardous substances pollutants or contaminants
are to be shipped (2) the type and quantity of the hazardous
substances pollutants or contaminants to be shipped (3) the
expected schedule for the shipment and (4) the method of
transportation The City shall notify the state in which the
planned receiving facility is locat d of major changes in the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 55
shipment plan such as a decision to ship the hazardous
substances pollutants or contaminants to another facility within
the same state or to a facility in another state
XXIV OTHER APPLICABLE LAWS
76 Except as otherwise provided pursuant to the next
Paragraph and Section 121(e) of CERCLA all activities undertaken
by the City pursuant to this Order shall be performed in
accordance with the requirements of all applicable federal and
state laws and regulations
77 Solely with regard to on-site activities and in
accordance with 40 CFR sect 300415(i) such activities
undertaken on the Site by the City pursuant to this Order shall
attain applicable or relevant and appropriate requirements
(ARARs) under federal and state environmental laws to the
extent practicable considering the exigencies of the situation
as determined by EPA EPA has determined that the ARARs
specified in the Action Memorandum are practicable to attain for
construction of the landfill cap and sediment removal
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 56
XXV COMMUNITY RELATIONS
78 EPA shall be responsible for preparing a Community
Relations Plan and conducting a community relations program The
City and the Consultant engaged to conduct the Removal Action
under this Order shall consistent with the Community Relations
Plan (i) attend and participate in public meetings regarding
the Site to the extent specified by the RPM (ii) prepare fact
sheets concerning the Site and activities conducted under this
Order for submission to the RPM and (iii) provide timely and
appropriate responses to inquiries from the public at the request
of the RPM
XXVI FINANCIAL ASSURANCE INSURANCE
79 Within thirty (30) days after the effective date of
this Order and annually thereafter until EPA approval of the
Final Completion of Removal Action Report the City shall
demonstrate in writing to EPA that it meets one (1) of the
financial assurance mechanisms specified in 40 CFR sect 264143
for the estimated $60 million cost of work to be performed by
the City under this Order If the City can show that the
estimated cost to complete the remaining Work has diminished
below the total estimated cost of the Work the City may on any
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 57
anniversary date of the effective date of this Order or at any
other time agreed to by the Parties reduce the amount of the
financial assurance provided under this Section to the estimated
cost of the remaining Work to be performed The City shall
submit a proposal for such reduction to EPA and the Maine DEP in
accordance with the requirements of this Section and may reduce
the amount of the assurance upon approval by EPA after reasonable
opportunity for review and comment by the Maine DEP In the
event of a dispute the City may reduce the amount of the
assurance in accordance with the final administrative decision
resolving the dispute under the Dispute Resolution Section
80 At least seven (7) days prior to commencing any on-site
work under this Order the City shall secure through itself or
its consultant and shall maintain for the duration of this
Order comprehensive general liability and automobile insurance
with limits of two (2) million dollars combined single limit
The United States and the Maine DEP shall each be named as an
additional insured for all such insurance policies except
automobile insurance policies Within the same time period the
City shall provide EPA and the Maine DEP with certificates of
such insurance and a copy of each insurance policy If the City
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 58
demonstrates to EPA that any Consultant contractor or
subcontractor maintains insurance equivalent to that described
above or insurance covering the same risks but in a lesser amount
and with EPA and the Maine DEP named as insureds then the City
need provide only that portion of the insurance described above
which is not maintained by the Consultant contractor or
subcontractor
81 For the duration of this Order the City shall satisfy
or shall ensure that its Consultant contractors and
subcontractors satisfy all applicable laws and regulations
regarding workers compensation insurance for all persons
performing the Work on behalf of the City in furtherance of this
Order
XXVII REIMBURSEMENT OF EPA EXTRAORDINARY RESPONSE COSTS
82 The City shall reimburse the Hazardous Substances
Superfund for all Extraordinary Response Costs not inconsistent
with the NCP including interest incurred after the effective
date of this Order by the United States in connection with the
Removal Action or the implementation of this Order pursuant to
Paragraphs 52d 65 69 102 and 104 including without
limitation Extraordinary Response Costs incurred by EPA under or
Administrative Order By Connent for Removal Action Saco Municipal Landfill Superfund Site Page 59
in connection with a contract or arrangement between EPA and a
qualified person to assist EPA in conducting activities required
under this Order pursuant to Paragraphs 52d 65 69 102 and
104 Reimbursable Extraordinary Response Costs shall include all
direct costs related to Paragraphs 52d 65 69 102 and 104 and
all indirect costs related to Paragraphs 52d 65 69 102 and
104 calculated in accordance with EPA policy or EPA regulations
in effect at the time that the costs are incurred including
without limitation time and travel costs of EPA personnel
contractor costs costs under a cooperative agreement costs
related to resolving disputes which arise under this Order
related to Work performed by EPA pursuant to Paragraphs 52d 65
69 102 and 104 enforcing obligations arising from EPAs
performance of Work pursuant to Paragraphs 52d 65 69 102 and
104 of this Order the costs of doing andor redoing any of the
Citys obligations under this Order with respect to Paragraphs
52d 65 69 and 102 of this Order EPA contractor and
cooperative agreement costs related to access and community
relations with respect to Paragraphs 52d 65 69 102 and 104
of this Order and any interest that accrues from the date on
which payment becomes due pursuant to the next Paragraph
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 60
83 On an annual basis EPA will submit to the City an
accounting of costs related to this Order that EPA has incurred
and a bill for Extraordinary Response Costs incurred by EPA with
respect to Paragraphs 52d 65 69 102 and 104 of this Order if
EPA has incurred any such costs This bill will consist of a
line-item summary of costs incurred during the preceding year
the summary will include a breakdown of costs by category
including without limitation payroll travel indirect costs and
contracts and a brief narrative of work related to such costs
(generally one to two paragraphs in length) The City shall
within thirty (30) days after receipt of each such bill remit a
certified check payable to the Hazardous Substances Superfund for
the amount of such bill The City shall include the name of the
Site the Site identification number (01-B9) and the docket
number for this Order on the check and mail the check with a
cover letter to
US Environmental Protection Agency Region I
Attn Superfund Accounting PO Box 360197 M
Pittsburgh PA 15251
A copy of the transmittal letter and the check shall be provided
simultaneously to the EPA Remedial Project Manager
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 61
84 If the City disputes a bill or any portion of a bio1
submitted by EPA the City may initiate dispute resolution
pursuant to the procedures of Section XXIX provided however
that the City notify EPA in writing within thirty (30) days after
receipt of the disputed bill and that the City pay all undisputed
portions of the bill in accordance with the provisions of this
Reimbursement Section Unless a determination is made under
dispute resolution that the City is not obligated to pay the
disputed portion of the bill the time for payment of the
disputed portion shall remain the original payment due date
interest shall accrue on any unpaid portion of the bill from the
original payment due date and EPA may seek stipulated penalties
or otherwise act to enforce the Citys compliance with this
Section and the Order If the City fails to raise a dispute
within thirty (30) days of its receipt of the bill the City
remains obligated for payment of the entire amount of the bill on
the original payment due date interest shall accrue on any
unpaid portion of the bill from the original payment due date
and EPA may seek stipulated penalties or otherwise act to enforce
the Citys compliance with this Section and the Order
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 62
XXVIII FORCE MAJEPRE
85 With respect to the Citys compliance with any deadline
for performance of activities under this Order any interim or
final time deadline or any Deliverables schedule set forth in
this Order or SOW no stipulated penalties or other sanctions
will be imposed for delay directly caused by the following events
which could not have been overcome by the Citys due diligence
(i) an act of God or (ii) the public review and comment process
as described in or required by Sections XXII (Additional Response
Actions) or Section XXV (Community Relations) of this Order so
long as the City timely submits all deliverables and meets other
requirements related to those Sections or (iii) any other event
arising from causes beyond the control of the ity including its
consultants contractors and agents However increases in the
cost of performance of the Removal Action shall not excuse
compliance or affect the applicability of the penalty provisions
or other sanctions which are provided for under this Order
Deadlines for performance of activities under this Order
including interim or final time deadlines and Deliverables
schedules set forth in this Order or SOW may be extended only to
the extent that delays caused by conditions specified in (i)
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 63
(ii) and (iii) above materially interfered with or prevented the
Citys execution of its responsibilities during the period of
such delay and no penalties or sanctions will become due for
activities which meet any deadline so extended The City further
agrees to use its most diligent efforts to minimize any delay
which may result The City acknowledges that it will have the
burden of justifying the rationale for delay in performance under
this Section
86 The City shall orally notify the EPA RPM and the Maine
DEP within forty-eight (48) hours of when the City first knew
that the event might cause a delay and shall identify with
specificity the cause of such delay and the estimated duration of
such delay Within seven (7) days after the City first becomes
aware that such event might cause a delay the City shall supply
to EPA and the Maine DEP in writing an explanation of the
cause(s) of any actual or expected delay or noncompliance the
anticipated duration of any delay the measures taken and to be
taken by the City to prevent or minimize the delay or correct the
noncompliance and the timetable for implementation of such
measures Failure to notify EPA and the Maine DEP shall result
in a waiver of the Citys right to assert that the delay should
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 64
be excused under the terms of this Section for the period of time
of such failure to notify and for any additional delay caused by
such failure The City shall be deemed to know of any
circumstance of which the City any entity controlled by the
City or the Citys contractors or subcontractors knew or should
have known In the event of a disagreement under this Section
the parties shall resolve such disagreement in accordance with
the Dispute Resolution Section of this Order Section XXIX
87 If EPA after reasonable opportunity for review and
comment by the Maine DEP determines that a delay in performance
of a requirement under this Order is or was attributable to an
event specified in (i) through (iii) of Paragraph 85 above the
time period for performance of that requirement shall be extended
by EPA to the extent necessary Such an extension shall not
alter the Citys obligation to perform or complete other tasks
required by the Order which are not directly affected by the
force majeure event If EPA after a reasonable opportunity for
review and comment by the Maine DEP does not agree that the
delay or anticipated delay has been or will be caused by such
an event EPA will notify the City in writing of its decision
If EPA after a reasonable opportunity for review and comments by
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 65
the Maine DEP agrees that the delay is attributable to such an
event EPA will notify the City in writing of the length of the
extension if any for performance of the obligations affected by
the event
XXIX DISPUTE RESOLUTION
88 If the City objects to any EPA notice of disapproval or
decision made pursuant to this Order including any decision
which has resulted in the assessn it of stipulated penalties any
scheduling matter or in the event of circumstances that arise
that are subject to the Citys right to invoke Dispute Resolution
elsewhere in this Order or in the Cost Recovery Administrative
Agreement the City shall notify EPA and the Maine DEP in writing
of its objections within five (5) days of receipt of the notice
decision or other circumstance EPA in consultation with the
Maine DEP and the City shall communicate on the disputed matter
and shall have fourteen (14) days from the receipt by EPA and the
Maine DEP of the notification of objection to reach agreement
If agreement cannot be reached on any issue within this fourteen
(14) day period the City shall have five (5) additional days to
submit its position in writing to the EPA Director of OSRR The
Director of OSRR after reasonable opportunity for review and
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 66
comment by the Maine DEP shall provide a written determination
to the City within five (5) days of receipt of that
determination unless EPA agrees to a later time the City shall
initiate implementation of the activities required by the EPA in
accordance with the schedule provided by EPA which schedule
shall be subject to Dispute Resolution unless it has already
been or could have been subject to Dispute Resolution Except
as specifically provided herein dispute resolution among the
parties shall not be cause for the delay of the Work In
addition stipulated penalties as set out below if applicable
will continue to accrue during the dispute resolution period
except as provided in Paragraphs 94 and 95 No EPA decision made
pursuant to this Paragraph shall constitute a final Agency action
giving rise to judicial review
89 In the event that the City does not implement the
activities required by the EPA determination pursuant to
Paragraph 88 EPA or the Maine DEP may take such enforcement
actions against the City as may be provided by statutory or
equitable authorities including but not limited to the
assessment of such civil penalties or damages as are authorized
by Sections 122 and 109 of CERCLA and Maine law
Administrative Order By Conaent for Removal Action Saco Municipal Landfill Superpoundund Site Page 67
XXX STIPULATED
90 The Respondents shall be liable to EPA and MEDEP for
stipulated penalties in the amounts set forth in this Section for
failure to comply with the requirements of this Order andor the
SOW unless compliance is excused by EPA under Section XXVIII
(Force Majeure) Compliance by the City shall include but not
be limited to the timely and adequate submission of Deliverables
and performance of activities under this Order in accordance with
all applicable requirements of law this Order the SOW and any
Deliverables which have received EPA Approval or the Performing
Respondents Certification pursuant to this Order Compliance
by the Non- Per forming Respondents shall mean timely compliance
with Paragraph 96 of this Order
91 The following stipulated penalties shall be payable per
violation per day to EPA and MEDEP jointly in accordance with
Paragraph 94 for any noncompliance except those identified in
Paragraphs 92 or 93
Penalty Pet Violation Period of Noncompliance Per Day _
$ 750 1st through 14th day $ 1500 15th through 30th day $ 3000 31st day and beyond
Administrative Order By Concent for Removal Action Saco Municipal Landfill Superfund Site Page 66
92 The following stipulated penalties shall be payable per
violation per day to EPA and the MEDEP jointly in accordance with
Paragraph 94 for the submission or resubmission of an untimely or
substantially defective 100 NTCRA Design or an untimely or
substantially defective Final Completion of Removal Action Report
pursuant to the SOW
Penalty Per Violation Period of Toncompliance Per Day
$ 1500 1st through 14th days $ 3000 15th day through 30th day $ 5000 31st day and beyond
93 In the event that the City fails to submit timely or
adequate progress reports or meeting letter reports pursuant to
the SOW the City shall be liable to EPA and MEDEP jointly in
accordance with Paragraph 94 for stipulated penalties of $500
(five hundred dollars) per violation per day
94 Penalties shall begin to accrue on the day after
performance 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 except that
stipulated penalties shall not accrue (1) with respect to any
Disapproval with Modification Required or Disapproval with EPA
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 69
Modification under Section XIV of this Order during the period
if any beginning on the 31st day after EPAs receipt of such
submission until the date that EPA notifies the City of any
deficiency (2) with respect to a decision by the Director of the
Office of Site Remediation and Restoration under Section XXIX of
this Order during the period if any beginning on the 21st day
after the date the Citys reply to EPAs Statement of Position is
due until the date the Director issues a final decision regarding
such dispute and (3) beyond thirty days after the Director of
the Office of Site Remediation and Restoration issues a final
decision regarding a dispute about a Deliverable Disapproved with
EPA Modification pursuant to Paragraph 52d Any penalty
otherwise accruing under Paragraphs 91 92 or 93 shall be due and
payable within thirty (30) days of the receipt of a written
demand by EPA or the Maine DEP except as provided in aragraph
95 In assessing stipulated penalties for delay caused by a
negative referendum vote on future funding necessary for timely
compliance with this Order EPA and Maine DEP shall weigh all
considerations including the length of the delay caused by the
vote and efforts by City officials to inform the voters about
the need for funding- provided however that a negative
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 70
referendum vote on funding necessary for timely compliance with
this Order shall not affect the Citys obligations to comply with
this Order or any schedule contained herein Stipulated
penalties shall be divided between EPA and the Maine DEP in the
following manner 75 for EPA and 25 for the Maine DEP
Payment of EPAs portion of such penalty shall be made by
certified check payable to the Hazardous Substances Superfund
and mailed to the following address with a notation of the docket
number of this Order
Region I US Environmental Protection Agency
Attn Superfund Accounting PO Box 360197 M
Pittsburgh PA 15251
A copy of the certified check to EPA shall be sent to the
Remedial Project Manager within five (5) days of payment
Payment of the Maine DEPs portion of such penalty shall be made
by certified check payable to the Maine Uncontrolled Sites Fund
and mailed to the following address
Director Division of Sites Investigation amp Remediation Maine DEP
State House Station 17 Augusta ME 04333
Administrative Order By Concent for Removal Action Saco Municipal Landfill Superfund Site Page 71
A copy of the certified check to the Maine DEP shall be sent to
the Maine DEP Project Manager within five (5) days of payment
The stipulated penalties set forth in this Section do not
preclude EPA or the Maine DEP from electing to pursue any other
remedies or sanctions which may be available to EPA or the Maine
DEP by reason of the Respondents failure or refusal to comply
with any requirement of this Order Such remedies and sanctions
include without limitation injunctive relief the assessment of
such civil penalties or damages as are authorized by Sections 122
and 109 of CERCLA or state law or the performance of a
federally-funded response action or state-funded response action
and a corresponding suit for reimbursement of costs incurred by
the United States or the State of Maine Notwithstanding any
other provision of this Section EPA may in its unreviewable
discretion waive any portion of stipulated penalties that have
accrued pursuant to this Order
95 If the City invokes dispute resolution regarding any
decision which has resulted in the assessment of stipulated
penalties stipulated penalties shall continue to accrue during
the dispute resolution process except as otherwise provided in
this Order Within thirty (30) days after receipt of the EPA
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 72
determination rendered pursuant to Paragraph 88 in which EPA
prevails in whole or in part the City shall pay pursuant to
Paragraph 94 the stipulated penalties arising from those matters
on which the City does not prevail At that time the City shall
also pay interest on any stipulated penalties which had accrued
up to the day the City invoked Dispute Resolution If the City
prevails on the disputed matter then no stipulated penalties are
due
XXXI PAYMENT BY NON-PERFORMING PARTIES
96 By May 30 1997 each Non-Performing Respondent shall
pay its individual share of the total sum of $97050000 into a
qualifying settlement fund for the City to use to undertake
response activities related to the Site Payment shall be made
by certified check payable to KeyBank National Assoc (Attn
Leon J Bien) Escrow Agent and mailed with a transmittal letter
to the following address
KeyBank National Association Escrow Agent One Canal Plaza Portland Maine 04101
Attn Mr Leon J Bien
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 73
Non-Performing Respondents shall provide notice of such payment
to EPA by mailing a copy of the transmittal letter and check to
the EPA RPM at the address set forth in Section XI of this Order
XXXII CIVIL PENALTIES FOR NONCOMPLIANCEENFORCEMENT
97 The City is advised that violations of this Order or
any portion thereof may subject it to civil penalties of up to
$25000 per violation and $25000 for each day in which such
violation continues as provided in Sections 106(b)(1) 109 and
122 of CERCLA 42 USC sectsect 9606(b)(l) 9609 and 9622 The City
may also be subject to damages in an amount up to three times the
amount of any cost incurred by the United States as provided in
Section 107(c)(3) of CERCLA 42 USC sect 9607(c)(3) Violations
of this Order also may subject the City to civil penalties
injunctive actions and cost reimbursement under Maine law
including without limitation 38 MRSA Sections 347-A 348
349 1365 1366 and 1367 (1989 and Supp 1997)
XXXIII COVENANT NOT TO SUE DENIAL OF LIABILITY
98A In consideration of the actions that will be
performed and the payments that will be made by the Respondents
under the terms of this Order and except as specifically
provided in Section XXXV of this Order EPA covenants not to sue
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 74
or to take administrative action against the Respondents pursuant
to Sections 106 and 107(a) of CERCLA or Section 7003 of RCRA for
the Work this Order including performance of the Removal
Action and for recovery of all Extraordinary Response Costs
associated with this Order incurred by EPA and paid by the City
With respect to the City these covenants not to sue shall i)
take effect for Work completed prior to EPAs approval of the
Completion of Removal Action Report upon notification by EPA that
the City has completed all construction activities required under
this Order and the City has submitted and EPA has approved the
Completion of Removal Action Report and ii) take effect for Work
completed after EPAs approval of the Completion of Removal
Action Report upon notification by EPA that the City has
completed all actions required under this Order (including all
Post-Removal Site Control and reimbursement of Extraordinary
Response Costs) These covenants not to sue shall take effect
with respect to the Non-Performing Respondents upon notification
by the Non-Performing Respondents that they have complied with
Paragraph 96 of this Order These covenants not to sue are
conditioned upon the satisfactory performance by the Respondents
of their respective obligations under this Order These
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 75
covenants not to sue extend only to the Respondents and do not
extend to any other person Under this Order Respondents are
not released from liability if any for any actions taken beyond
the terms of this Order regarding other removal actions remedial
investigationfeasibility studies related to any other operable
unit remedial designremedial action related to any other
operable unit operation and maintenance of any other remedial
action or activities arising pursuant to Section 121(c) of
CERCLA 42 USC sect 9621(c)
B In consideration of the actions that will be performed
and the payments that will be made by the Respondents under the
terms of this Order and except as specifically provided in
Section XXXV of this Order the State of Maine covenants not to
sue or to take administrative action against the Respondents
pursuant to Section 107(a) Of CERCLA 38 MRSA Sections 1304
and 1365 (1989 and Supp 1997) and other applicable state law
including common law for the Work this Order including
performance of the Removal Action the RIFS Order and the
activities thereunder and for recovery of all response costs
associated with this Order fully addressed by an EPA cooperative
agreement and any grants or payments made by the State to the
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Superfund Site Page 76
City to reimburse the City for landfill capping costs and
including all activities required to be performed and costs
related thereto under Prior MEDEP Orders and Consent Decrees to
the extent that they are inconsistent with this Order and any
such Prior MEDEP Orders and Consent Decrees are hereby superseded
to the extent that they are inconsistent with this Order With
respect to the City these covenants not to sue shall i) take
effect for Work completed prior to EPAs approval of the
Completion of Removal Action Report upon notification by EPA that
the City has completed all construction activities required under
this Order and the City has submitted and EPA has approved the
Completion of Removal Action Report and ii) take effect for Work
completed after EPAs approval of the Completion of Removal
Action Report upon notification by EPA that the City has
completed all actions required under this Order (including all
Post-Removal Site Control and reimbursement of Extraordinary
Response Costs) These covenants not to sue shall take effect
with respect to the Non-Performing Respondents upon notification
by the Non-Performing Respondents that they have complied with
Paragraph 96 of this Order These covenants not to sue are
conditioned upon the satisfactory performance by the Respondents
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Superfund Site Page 77
of their respective obligations under this Order These
covenants not to sue extend only to the Respondents and do not
extend to any other person Under this Order Respondents are
not released from liability if any for any actions taken beyond
the terms of this Order regarding other removal actions remedial
investigationfeasibility studies related to any other operable
unit remedial designremedial action related to any other
operable unit or operation and maintenance of any other remedial
action
99 The execution of this Order and Respondents
participation herein is not an admission by the Respondents of
liability with respect to any issue dealt with in this Order nor
is it an admission by the Respondents of any Finding of Fact
Conclusion of Law or Determination contained in this Order
Furthermore the participation of Respondents in this Order shall
not be considered an admission of liability and is not admissible
in evidence against the Respondents in any judicial or
administrative proceeding other than (a) a proceeding by the
United States including EPA or the State of Maine including
the Maine DEP to enforce this Order or a judgment relating to
it or (b) a proceeding to enforce any agreement between the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 78
Performing Respondent and Non-Performing Respondents regarding
the Site or to enforce a judgment related to such agreement
XXXIV CONTRIBUTION PROTECTION
100 With regard to claims for contribution against the
Respondents the Parties hereto agree that the Respondents are
entitled to such protection from contribution actions or claims
as is provided by Section 113(f)(2) of CERCLA 42 USC
sect 9613 (f) (2) and 38 MRSA sect 348(4) for all matters
addressed by this Order The matters addressed are Past
Response Costs RIFS Response Costs Response Costs Oversight
Costs Extraordinary Response Costs all costs incurred by the
State of Maine related to Prior MEDEP Orders and Consent Decrees
for which reimbursement may be sought payments pursuant to
Paragraph 96 and Work The Parties agree that the Respondents
are entitled to such protection upon the effective date of this
Order Nothing in this Order precludes the United States the
Maine DEP or Respondents from asserting any claims causes of
action or demands against any persons not parties to this Order
for indemnification contribution or cost recovery
XXXV EPAS AND THE STATES RESERVATION OF RIGHTS
101 A The covenants not to sue set forth in Section
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 79
XXXIII do not pertain to any matters other r n these expressly
specified in that Section EPA reserves and this Order is
without prejudice to all rights against each Respondent with
respect to all other matters including but not limited to the
following
a claims based on a failure by any Respondent to meet any
requirement specified for that Respondent under this Ordershy
b liability arising from the past present or future
disposal release or threat of release of hazardous
substances pollutants or contaminants outside of the Site
c liability arising from future disposal at the Site other
than as provided in the Action Memorandum or this Order or
otherwise ordered by EPA
d liability for damages for injury to destruction of or
loss of natural resourcesshy
e liability for response costs that have been or may be
incurred by the National Oceanic and Atmospheric
Administration and the Department of the Interiorshy
f criminal liability
g liability for violations of federal or state law which
occur during or after implementation of the Removal Actionshy
Administrative Order By Conaent for Removal Action Saco Municipal Landfill Superfund Site Page 80
h liability for response costs incurred at the Site which
are not addressed by Section XXVII of this Order
(Reimbursement of EPA Extraordinary Response Costs) or by
the Cost Recovery Administrative Agreement (Docket No
CERCLA 1-97-1010) and
i liability for response actions at the Site that are not
required to be performed by the City pursuant to this Order
B The covenants not to sue set forth in Section XXXIII do not
pertain to any matters other than those expressly specified in
that Section The State of Maine reserves and this Order is
without prejudice to all rights against the Respondents with
respect to all other matters including but not limited to the
following
a claims based on a failure by any Respondent to meet any
requirement specified for that Respondent under this Order
b liability arising from the past present or future
disposal release or threat of release of hazardous
substances pollutants or contaminants outside of the Siteshy
c liability for damages for injury to destruction of or
loss of natural resources
d criminal liabilityshy
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 81
e liability for violations of federal or state law wh^ch
occur during or after implementation of the Removal Action
g liability for Oversight Costs incurred by the State at
the Site to the extent that they are not fully addressed by
future cooperative agreements between EPA and MEDEP and
h liability for response actions at the Site that are not
required to be performed by the City pursuant to this Order
102 EPA retains the right to undertake any obligations of
the City under this Order provided that EPA has determined that
one of the following conditions has been met the City has ceased
implementation of any portion of the Work is seriously or
repeatedly deficient or late in their performance of the Work
has failed to comply with this Order or is implementing the Work
in a manner which may cause an endangerment to human health or
the environment If EPA undertakes any obligations under this
Order pursuant to this Paragraph including implementation of
institutional controls the City must reimburse EPA for all costs
incurred as a result of the takeover that are consistent with the
NCP as Extraordinary Response Costs The City may invoke the
procedures set forth in Section XXIX (Dispute Resolution) to
dispute EPAs determination that takeover of the obligations of
Administrative Order By Consent for Removal Action Slaquoco Municipal Landfill Superfund Site Page 82
the City under this Order is warranted or that the costs incurred
were consistent with the NCP
103 Notwithstanding any other provision of this Order
except as set forth in Section XXXIII (Covenant not to Sue) EPA
and the State of Maine shall retain all of their response
information gathering entry inspection and enforcement
authorities and rights under CERCLA and under any other
applicable law regulation or permit
104 The City shall reimburse EPA for costs incurred by the
United States to enforce this Order or the Cost Recovery
Administrative Agreement as Extraordinary Response Costs in
accordance with the reimbursement procedures provided by Section
XXVII (Reimbursement of Extraordinary Response Costs)
XXXVI RESPONDENTS COVENANT NOT TO SUE
105 Covenant Not to Sue Subject to the reservations in
Paragraphs 106 and 107 Respondents hereby covenant not to sue
and agree not to assert any claims or causes of action against
the United States or the State including any department agency
or instrumentality of the United States or State with respect to
this Order including but not limited to
a any direct or indirect claim for reimbursement from
Administrative Order By Conaent for Removal Action Saco Municipal Landfill Superfund Site Page 83
the Hazardous Substance Superfund (established pursuant to the
Internal Revenue Code 26 USC sect 9507) through CERCLA Sections
106(b)(2) 107 111 112 113 or any other provision of law
b any claims under CERCLA Sections 107 or 113 related
to this Order
c any claims for payment under sections 106(b) 111
and 112 of CERCLA the Constitution of the United States the
Tucker Act 28 USC sect 1491 or at common law against the State
EPA or the Hazardous Substance Superfund arising out of any
action performed under this Order any related access matters
and related institutional controls or
d any claims arising out of response activities in
connection with this Order including claims based on EPAs and
the States selection of response actions oversight of response
activities or approval of plans for such activities
XXXVII RESPONDENTS RESERVATION OF RIGHTS
106 The Respondents reserve and this Order 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 wrongful act or
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 84
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 USC sect 2671 nor
shall any such claim include a claim based on EPAs selection of
response actions or the oversight or approval of the
Respondents plans or activities The foregoing applies only to
claims which are brought pursuant to any stat- -e other than
CERCLA and for which the waiver of sovereign immunity is found in
a statute other than CERCLA
107 Except as set forth in this Order the Respondents
expressly reserve all rights and defenses that each or any of
them may have in law or in equity for any claims or causes of
action it may have against any party including the United States
and the State and their respective agencies departments and
instrumentalities Any claims not expressly waived by the
Respondents shall be deemed reserved Notwithstanding any
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 85
obligations in this Order requiring the Respondents to make any
records documents or any other materials available to EPA
nothing herein shall be construed to be a waiver of any rights
Respondents may have to assert the attorney-client privilege or
the attorney work product doctrine as to those materials except
where such materials contain information specified in section
104(e)(6)(F) of CERCLA 42 USC sect 9604(e)(6)(F)
XXXVIII OTHER CLAIMS
108 Except as expressly provided in Section XXXIII
(Covenant Not to Sue) nothing in this Order constitutes a
satisfaction of or a release from any claim or cause of action
against the Respondents or any person not a party to this Order
for any liability such person may have under CERCLA other
statutes or the common law including but not limited to any
claims of the EPA for costs damages and interest under sections
106(a) and 107(a) of CERCLA This Order does not constitute a
preauthorization of funds under section 111(a)(2) of CERCLA No
action or decision by EPA pursuant to this Order shall give rise
to any right to judicial review except as set forth in section
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 86
113(h) of CERCLA
XXXIX INDEMNIFICATION
109 The United States and the State do not assume any
liability by entering into this Order or without limitation by
virtue of any designation of the City as EPAs authorized
representative under section 104(e) of CERCLA 42 USC
sect 9604(e) The City agrees to indemnify and save and hold
harmless the United States Government the State of Maine and
their agencies departments agents officers employees and
representatives from any and all claims or causes of action
arising from or on account of negligent acts or omissions of the
City its officers employees agents servants receivers
successors trustees assignees or contractors in carrying out
the activities pursuant to this Order including but not limited
to any claims arising from any designation of the City as EPAs
authorized representative under section 104 (e) of CERCLA 42
USC sect 9604(e) Neither the United States nor the State shall
be held out as a party to or in any other way be held liable
under any contract entered into by the City or by the Consultant
or any contractor in carrying out the activities pursuant to this
Order Neither the City nor any such Consultant or contractor
Administrative Ordr By Consent for Removal Action Saco Municipal Landfill Suprfund Sit Fag 87
shall be considered an agent of the United States or the State
Notwithstanding any of the above this agreement to indemnify and
hold harmless does not include claims or causes of action arising
from or on account of acts or omissions of the United States and
its agencies departments agents officers employees and
representatives
XXXX WAIVER OF SETTLEMENT CONFERENCE
110 In consideration of the communications among the
Respondents and EPA regarding the terms of this Order prior to
its issuance the Respondents hereby agree that there is no need
for a settlement conference prior to the effective date of this
Order
XXXXI MODIFICATION OF ORDER
111 This Order with the exception of the Statement of Work
(Appendix B) or attachments or Deliverables thereunder may only
be modified upon the written agreement of EPA by signature of the
Director of the Office of Site Remediation and Restoration the
Maine DEPs Director of the Bureau of Remediation and Waste
Management and an authorized officer of each of the Respondents
The Statement of Work any attachments thereto or any accepted
Deliverables may be modified upon signature of the EPA Geographic
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 88
Section Chie subject to the Citys right to invoke Dispute
Resolution
XXXXII SEPARATE DOCUMENTS
112 This Order may be executed in two or more counterparts
each of which shall be deemed an original but all of which
together shall constitute one and the same instrument
XXXXIII EFFECTIVE DATE
113 This Order shall be effective five (5) days after the
City receives notice that the Director of the Office of Site
Remediation and Restoration has signed the Order All times for
performance of activities under this Order shall be
calculated from the effective date
XXXXIV TERMINATION
114 Prior to but no later than 180 days after the
effective date of this Order the City or EPA may terminate this
Order if the Cost Recovery Administrative Agreement is not
effective within ninety (90) days of the effective date of this
Order Notwithstanding this Paragraph the City shall complete
at least ninety-five percent (95) of the final design of the
Removal Action
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 89
IT IS SO AGREED AND ORDERED BY
Al bull Linda M Murphy D i r c to r Dat Office of Site Remediation and Restoration EPA Region I
Administrative Order By Consent for Removal Action Saco Municipal landfill Superfund Site Page 90
The undersigned representatives of the Respondents certify that they are fully authorized to enter into the terms and conditions of this Order and bind the parties they represent to this document
ROBUS LEATHER CORPORATION FKA GEORGE NEWMAN amp COMPANY SUCCESSOR BY LAW TO BIDDEFORD INDUSTRIES INC
By Thomas Robinson President and Ghiof FinancialmdashOffaooy f Robus Leather Corporation 1100 W Hutchinson Lane Madison IN 47250 Tel (812) 273-4183
TO 833388888888881 P0309 MPY 27 97 16=01 FR HflLE RND DORR LuF DC
Administrative Ordar By Consent for Removal Saco Municipal Landfill Suparfund Site Pag 91
CL HAUTHAWAY amp SONS CORPORATION
By Leppoldo ampJohnson Date CL Hautna ay amp Sons Corp 638 Summer Street Lynn MA 01905-2092
fa
Administrative Order By Consent for Removal Action Saoo Municipal Landfill Superfund Site Page 92
GABRIEL ELECTRONICS INC
By
Frank E Gemme Date President Gabriel Electronics Incorporated Libby Road PO Box 70 Scarborough ME 04070 Tel (207) 883-5161
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 93
LITTON INDUSTRIES INC
By Camp^tf-Jtae^^c^S
Carol WiesnerVice President and Controller Litton Industries Inc 21240 Burbank Boulevard Woodland Hills California 91367 Tel (818) 598-5246
May 27 1997
Date
Adni-tniBtrativc Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 94
LYN-FLEX INDUSTRIES AN UNINCORPORATED DIVISION OF DER-TEX CORPORATION
By gt 1997
Jerome Linder Date President Der-Tex Corporation 360 Merritnack Street Lawrence Massachusetts 01843 Tel (508) 686-0154
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 95
MILLIPORE CORPORATION
By At Jef frpoundy Ttyidin EsqVice President and General Counsel Millipore Corporation 80 Ashby Road Bedford MA 01730 Tel (617) 533-2044
May 21 1997 Date
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 96
NIKE INC
Coburn Date eheral Counsel Nike Inc 1 Bowerman Drive Beavertotm OR 97005-6453 Tel 503shy
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 97
ZENECA INC
61097
Glenn M Engelmann Date Vice President General Counsel and Secretary Zeneca Inc Successor to Polyvinyl Chemicals Inc
Addrespoundeneca Inc Successor to Polyvinyl Chemicals Inc
1800 Concord Pike PO Box 15438
Wilmlngotn PR
Tel(302) 886-3244
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 98
SACO DEFENSE INC
By j i e s R V i e g Date Vice Chairman Saco Defense Inc 291 North Street Saco Maine 04072 Tel (270) 283-3611
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 99
CHAMPION INTERNATIONAL CORPORATION
pound By x^gt^^w^ (- (^W^ lt May 27 1997
Stephen B Brown Date ampAVice President and General Counsel
Champion International Corporation One Champion Plaza Stamford Connecticut 06921 Tel (203) 358-6476
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 100
BEMIS COMPANY INC
By -^^lt^^^ 52297 Richard Pry^r Date Corporate Risk Manager Bemis Company Inc 222 South 9th Street Suite 2300 Minneapolis Minnesota 55402-4099 Tel (612) 376-3085
Administrative Order By Consent for Removal Action Saco Municipal Landfill Suporfund Site Page 101
CITY OF SACO MAINE
A Larry Mtcl(ell Dgfte City Administrator City of Saco 300 Main Street Saco Maine 04072 Tel (207) 282-4191
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 102
STATE OF MAINE
By
Mark Hyland Director Date Division of Site Remediation Maine DEP State House Station 17 August Maine 04333 Tel (207) 287-7673
By Dennis Harnish Esq Date Assistant Attorney General Department of Attorney General State House Station 6 Augusta Maine 04333 Tel (207) 626-8800
APPENDIX B
Non-Time Critical Removal Action Statement of Work
Saco Municipal Landfill Superfund Site
I INTRODUCTION AND PURPOSE
This non-time-critical removal action (NTCRA) Statement of Work (SOW) defines the response activities and deliverables that the Performing Respondent shall performsubmit in order to implement the Work required under the Administrative Order on Consent for Removal Action (EPA Region I Docket No 1-97-1009) (the Order) at the Saco Municipal Landfill Site in Saco Maine (the Site) The activities described in this SOW are based upon the United States Environmental Protection Agency (EPA) Action Memorandum for the Site signed by the EPA Region I Director of the Office of Site Remediation and Restoration on September 23 1996
II DEFINITIONS
The following definitions shall apply to this SOW
A All definitions provided in Section III of the Order are incorporated herein by reference
B Design shall mean an identification of the technology to be used for the Removal Action and its performance and operational specifications in accordance with all applicable federal state and local laws including but not limited to
1 all computations used to size units determine the appropriateness of technologies and the projected effectiveness of the NTCRA
2 scale drawings of all system layouts identified above and including but not limited to excavation cross-sections and well cross-sections
3 quantitative analyses demonstrating the anticipated effectiveness of the NTCRA Design to achieve the Performance Standards
4 technical specifications which detail the following
a size and type of each major component and
b required performance criteria of each major component
5 specifications on the extent of ambient air monitoring including equipment monitor locations and data handling procedures and
6 specifications of Institutional Controls to be supplied with the construction plans and specifications
EPA Approval or EPA Review and Approval shall mean the procedures specified in Section XIVA of the Order
Institutional Controls shall mean deed restrictions access land easements and other requirements and controls developed to limit human or animal exposure to hazardous substances pollutants or contaminants andor to ensure the integrity and effectiveness of the Removal Action
Performing Respondents Certification shall mean the procedures specified in Section XIVB of the Order
III SELECTED NON-TIME-CRITICAL REMOVAL ACTION
Section VAI of the Action Memorandum specifies the NonshyTime-Critical Removal Action for the Site Based upon the Action Memorandum listed below are the components of the NTCRA which shall be performed by the Performing Respondent
bull Grading of the landfill including the consolidation of the solid waste material from adjacent to Area 1 Area 3 and Area 4
bull Identifying the solid waste boundary for Areas 3 and 4
bull Excavating contaminated sediments from a groundwater seep area and consolidating them with the waste material in landfill Area 4
- 2 shy
bull Designing and constructing a multi-layer low hydraulic conductivity cap with surface drainage controls
bull Maintaining the cap
bull Long-term monitoring of surface water sediments and groundwater
bull Post-removal site control (PRSC) of the cap The PRSC shall ensure the long-term continued effectiveness of each component of the NTCRA and
bull Implementing Institutional Controls including implementation of deed restrictions andor other controls to prohibit the future use of the Site in any manner that would compromise the integrity of the cap and its associated systems
IV PERFORMANCE STANDARDS
The Performing Respondent shall design construct operate monitor and maintain the NTCRA in compliance with this Order the SOW and the Performance Standards identified in the Action Memo
The Performance Standards for the NTCRA at the Site include
SEDIMENT EXCAVATION AND CONSOLIDATION Sediments with arsenic concentrations above 19 mgkg will be excavated from the groundwater leachate seeps adjacent to Sandy Brook The area within which the seeps are found is defined by sediment locations SD-21 and SD-25 Sediments within Sandy Brook will not be excavated as part of this removal action
CONSOLIDATION OF SOLID WASTE The solid waste outside the Area 1 Area 3 and Area 4 caps shall be consolidated under the Area 34 cap The area to be excavated and material to be consolidated was identified during the RIFS test pit program
LANDFILL CAP The landfill cap shall be designed constructed operated and maintained to meet the performance requirements of the Resource Conservation and Recovery Act (RCRA) Subtitle C regulations specified in 40 CFR sectsect 26419 264310 as applicable and 264111 and the
- 3 shy
currently promulgated final MEDEP regulations referenced in Attachment X of the Action Memo
The cap shall also be designed to meet the requirements of the following EPA and State technical guidance documenxo Final Covers on Hazardous Waste Landfills and Surface Impoundments (EPA530-SW-89-047 July 1989) Construction Quality Management for Remedial Action and Remedial Design Waste Containment Systems (EPA540R-92073 October 1992) Quality Assurance and Quality Control for Waste Containment Facilities (EPA600R-93182 September 1993) MEDEP Final Cover System Guidance Document for Municipal Solid Waste Landfill (November 1995) Stormwater Management for Maine Best Management Practices (November 1995 MEDEP) and Maine Erosion and Sediment Control Handbook for Construction Best Management Practices (March 1991 Cumberland County Soil and Water Conservation District and Maine DEP)
The multi-layer cap will achieve the following minimum requirements
All layers of the cover system shall be designed to achieve the performance objectives of this section over the longshyterm Each layer shall also be designed to meet a static stability factor of safety criteria of 13 seismic stability factor of safety criteria of 10 and a construction-stage stability factor of safety criteria of 12
mdash The base layer will be comprised of unclassified fill material transmissive to gas The performance objectives for the base layer are to contour the landfill to achieve a maximum slope of 31 provide a subgrade base suitable for construction of the cover system and minimize subsidence
Waste from uncapped areas near Area 1 Area 3 and Area 4 and excavated sediments from the groundwater seep areas near Sandy Brook will be placed under the base layer Vegetation cleared from the Site will be distributed evenly to prevent degradation and minimize subsidence
The slopes will be terraced to minimize erosion of the multi-layer cap so that no more than 2 tons per acre per year of soil loss occurs
mdash The gas collection layer will be comprised of 6-12 inches of porous material with a hydraulic conductivity of at least
- 4 shy
1 x 103 cmsec The objective of this layer is to allow for the transmission of gas to the vent pipe which will then take gas out of the landfill and to provide a firm foundation and contact surface for the low hydraulic conductivity layer A second objective is to allow fo the transmission of potential leachate seeps down the sideslopes so that it may infiltrate back into the landfill Approximately one gas vent per acre will be installed at least three to five feet into the waste
-- The bottom low hydraulic conductivity layer acts as a safeguard to the geomembrane and is generally made of 24 inches of clay or a geo-synthetic clay liner (GCL) The performance objective of this layer is to minimize potential leakage through the low hydraulic conductivity geomembrane into the landfill The low hydraulic conductivity layer will be designed to achieve a maximum hydraulic conductivity of 1 x 10~7 cmsec unless the factor of safety criteria of 13 for static 10 for seismic and 12 for construction stage stability cannot be achieved If the stability criteria cannot be met with a GCL or 1 x 107 cmsec material then a more permeable material may be used to achieve a stable cover system The bottom low hydraulic conductivity layer shall have a maximum hydraulic conductivity of at least 1 x 105 cmsec if the 1 x 10~7
cmsec material cannot meet the stability criteria If a GCL is used as the bottom low hydraulic conductivity layer then 12 inches of a fine grained material containing a minimum of 35 fines with no stones larger than one inch shall be used as bedding above the gas vent layer Potential mechanisms that may compromise the integrity of the cover system such as subsidence desiccation cracking and freeze-thaw cycling will be accounted for in the design
The uppermost surface of the bottom low hydraulic conductivity layer shall be buried at least 30 inches below the surface of the cap
-- The top low hydraulic conductivity layer will be a geosynthetic barrier The performance objective of this barrier is to prevent water from infiltrating into the landfill and to accommodate settlement and subsidence while maintaining stability This synthetic barrier will be a type of flexible geomembrane 40-60 mil thick
-- The drainage layer will be composed of either a minimum of 12 inches of sand or equivalent material with a minimum
- 5 shy
hydraulic conductivity of 1 x 102 cmsec or a synthetic material with a transmissivity of at least 3 x 10~5 m2sec The sand should be no coarser than 38 inch The performance objective is to allow water to drain off the synthetic barrier prevent the ponding of water over tgt a synthetic barrier and minimize seepage forces within the cap system If a geosynthetic drainage layer is used then a 12 inch layer of coarse material will be placed over the geosynthetic layer
mdash The top layer of the cap will be the vegetative cover This layer in combination with the drainage layer shall provide a minimum of 30 inches of fill material to provide frost protection A minimum of 18 inches of material (including at least 6 inches of top soil) shall be placed above the drainage layer to provide adequate water-holding capacity to attenuate rainfall infiltration to the drainage layer to sustain vegetation through dry periods and to provide sufficient thickness to allow for expected long-term erosion losses Deep rooted plants that could damage the drainage and barrier layers will not be allowed to grow on the cover A filter fabric may be placed between the top layer and the drainage layer to minimize fill material from clogging the drainage layer
mdash Surface water drainage controls will be constructed to minimize erosion during construction and to reduce erosion of the cap after construction to no more than 2 tons per acre per year As determined by the final NTCRA Design drainage channels will be installed in certain areas on the top and perimeter of the landfill cap to channel runoff away from the landfill Surface water drainage channels will be designed to manage the rainfall volume of a 25-year 24-hour storm event with freeboard and shall also be capable of handling a 100-year 24-hour storm event without overflow
SURFACE WATERS The point of compliance for any point source surface water releases resulting from this action consistent with the NCP shall be the point or points where the release enters the surface water body (Sandy Brook or Big Ledge Brook) Any point source discharge to a surface water body shall comply with the NPDES program under section 402 of the federal Clean Water Act and the Maine water quality standards and storm water discharge requirements The document Stormwater Management for Maine Best Management Practices (November 1995 MEDEP) shall be used as guidance for stormwater and the document Maine Erosion and Sediment Control Hanbook for Construction Best Management
- 6 shy
Practices (March 1991 Cumberland County Soil and Water Conservation District and Maine DEP) shall be used as guidance for erosion control
AIR The point of compliance for air consistent with che NCP shall be the point(s) of the maximum exposed individual considering reasonably expected use of the Site and surrounding area The maximum exposed individuals could include (I) adjacent residents (2) operation and maintenance personnel and (3) individuals working at the facility The passive gas venting system shall not allow for an unacceptable risk of exposure to the maximum exposed individuals by controlling and treating landfill gas if necessary The passive gas venting system shall be designed and constructed to comply with Attachment X of the Action Memo
LONG-TERM MONITORING A long-term monitoring program will be implemented to evaluate the performance of the NTCRA Surface water groundwater and sedimentsas appropriate shall be sampled as part of this program Long-term monitoring is expected to occur for at least thirty years
POST-REMOVAL SITE CONTROL Post-removal site control shall assure the long-term effectiveness of the cap and related systems for at least thirty years
INSTITUTIONAL CONTROLS Institutional Controls shall ensure the long-term integrity of the landfill cap and prevent future use of the groundwater impacted by the Site Deed restrictions andor other controls shall prohibit any activity at the Site which would interfere with or compromise the landfill cap or its related systems Such controls will also provide for EPA and MEDEP approval prior to the commencement of any future activities at the Site which may impact the landfill cap or its related systems
V NTCRA DESIGN
The Performing Respondent shall develop a final design for the selected NTCRA as described in the Action Memorandum and this SOW that meets the performance standards specified in Section IV of this SOW This section describes the Performing Respondents responsibilities for submitting deliverables and conducting project meetings during design
- 7 shy
A DELIVERABLE5
The Performing Respondent shall submit the following deliverables to EPA and the MEDEP during the design of the selected NTCRA pursuant to the schedule in Attachment A Any modification of the schedule in Attachment A shall be subject to EPA approval after a reasonable opportunity for review and comment by MEDEP Each submitted deliverable shall require EPA Approval after a reasonable opportunity for review and comment by MEDEP or Performing Respondents Certification whichever applies pursuant to the schedule in Attachment A and the procedures in Section XIV of the Order
1 DESIGN PROGRESS REPORTS
On the 15th calendar day of each month and until EPA approval of the 100 NTCRA Design the Performing Respondent shall submit Design Progress Reports to EPA and the MEDEP Design Progress Reports may be combined with the monthly progress reports required under the Administrative Order by Consent for Remedial InvestigationFeasibility Study (EPA Region I CERCLA Docket No I-CERCLA-95-1069) and shall be submitted with the Performing Respondents Certification The reports shall summarize all activities that have been conducted in the month preceding the Progress Report and those planned for the next two months The Progress Reports shall also identify problems encountered andor changes to the schedule and shall summarize the results of sampling and tests and other data received by the Performing Respondent
2 CONCEPTUAL DESIGN LETTER REPORT
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit a Conceptual Design Letter Report to EPA and the MEDEP The Conceptual Design Letter Report shall be submitted by the Performing Respondents Certification and may include at a minimum
a an outline of the NTCRA Design
b a work plan for any pre-design studies
- 8 shy
c preliminary drawings of the 31 and 3-5 slope sections of the cap surface water controls and retention ponds in plan view and cross-section and
d The design basis for the composition and thickness of each layer of the cap presented in letter format including a determination of the appropriate gas control technology and supporting information and an estimate of settlement
3 100 DESIGN FOR SEDIMENT CONSOLIDATION
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit the 100 Design for the sediment consolidation to EPA for Review and Approval after reasonable opportunity for review and comment by the MEDEP
4 100 NTCRA DESIGN
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit the 100 NTCRA Design for EPA Review and Approval after reasonable opportunity for review and comment by the MEDEP Design plans for individual components of the NTCRA may be submitted separately from the cap design However the design submittal for the cap shall address 100 of the total design for each component of the NTCRA including but not limited to
a the Final Design Report including the design basis for each component and the associated plans and specifications in reproducible format
b Construction Quality Assurance Plan including sample construction quality assurance and quality control checklists draft construction -quality control and quality assurance tables and a list of testing requirements based upon EPA and MEDEP comments
c the results of any pre-design studies
- 9 shy
d final drawings of the 31 and 3-5 slope sections of the cap in plan view and cross section including surface drainage controls and retention ponds anchor trenches and the passive gas venting system
e a description of the design basis for each layer andor component of the NTCRA including settlement evaluation stability calculations and the HELP model assessment to evaluate infiltration through the cover system The stability assessment shall include an assessment of the stability of the cover system waste material and surrounding slopes Each key section of the stability analysis should include a discussion of the (1) performance criteria for each failure mode (2) soil conditions including loading and seepage conditions and (3) determination of factor of safety and indicate the slope failure mode The methods to perform the above analysis shall be presented
f a discussion of how all applicable or relevant and appropriate requirements (ARARs) identified in the Attachment X of the Action Memo will be addressed This discussion should
(1) specify the statute (2) specify the citation of the ARAR (3) identify if the ARAR is state or
federal (4) summarize the requirements of the ARAR (5) specify in detail the activities that
shall be conducted to comply with the ARAR and
(6) specify in detail the activities that shall be conducted to demonstrate compliance with the ARAR When sampling and analysis is conducted to demonstrate compliance the following shall be specified sampling locations sampling frequency sampling methods analytical methods quality assurance and quality control activities and statistical analysis andor modeling andor other data interpretation techniques
- 10 shy
g drawings on reproducible mylar
h the final NTCRA Technical Specifications which shall include at a minimum the items identified in Attachment D
i a Field Sampling Plan as specified in Attachment B and a Quality Assurance Project Plan as specified in Attachment C Although these documents will be submitted as part of the 100 design these documents must be submitted as separate freestanding deliverables to enable a separate concurrent review of these document by the Agencies along with the 100 design review
j With respect to the landfill cap the design shall include the construction quality assurance procedures required to demonstrate that the NTCRA was properly implemented This component shall include for example (I) checklists for establishing that the required tests and inspections were performed (2) standard operating procedures for all field and laboratory tests (3) the quality assurance and quality control plan for all field and laboratory tests (4) a process for obtaining EPA and MEDEP involvement in major and minor field changes and (5) erosion and sediment control plans The quality assurance component shall be based upon the following guidance documents Construction Quality Assurance for Hazardous Waste Land Disposal Facilities (EPA 530-SWshy86-031 October 1986 and Technical Guidance Document Quality Assurance and Quality Control for Waste Containment Facilities (EPA540R-93182 September 1993)
k A discussion of how any surface water point source discharge shall be evaluated
1 A discussion of how the ambient air shall be evaluated after the construction of the cap is complete to demonstrate that the landfill gas does not pose an unacceptable risk (an excess cancer risk greater than the 104 to 106 risk range or a non-carcinogenic hazard
- 11 shy
index greater than 1) to the maximum exposed individuals (as identified in Section IV of this SOW)
5 WINTER STABILIZATION PLAN
By October 30th of each field season prior to the approval of the Post-Removal Site Control Plan the Performing Respondent shall submit a Winter Stabilization Plan to EPA and MEDEP This plan shall describe the practices and procedures that will be used by the Performing Respondent to prevent erosion of the landfill and excessive sediment discharge to the surface water and wetlands until EPA approval of the Post-Removal Site Control Plan
6 INSTITUTIONAL CONTROL PLAN
The Performing Respondent shall submit a schedule and a workplan letter report for the implementation of the Institutional Controls required by the NTCRA within 60 days of the effective date of the Order As part of the Institutional Controls a deed restriction shall be placed on the Site property to prevent any use of the property that would interfere with or reduce the effectiveness of the NTCRA or any future response actions The deed restriction shall also prevent future use of the groundwater under the Site These institutional controls shall be implemented in a manner consistent with Attachment X of the Action Memo
B DESIGN PROJECT MEETINGS
The Performing Respondent and its Contractor shall periodically meet with EPA and the MEDEP during the design phase to discuss the status of the design present the results of any investigations and discuss any issues associated with the development of the design
At least one week prior to each such periodic meeting the Performing Respondent shall submit to EPA and the MEDEP as necessary (i) an agenda for the meeting (ii) a summary of the issues that will be discussed and (iii) any supporting information including any specific information required for the meeting as detailed below The following is a list of meetings to be held as necessary during the design phase
1 DESIGN KICK-OFF MEETING
- 12 shy
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall schedule a design kickshyoff meeting The purpose of this meeting is to allow the EPA MEDEP and the Performing Respondents design teams to meet
2 CONCEPTUAL DESIGN MEETING
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall hold a Conceptual Design Meeting During the Conceptual Design Meeting the Performing Respondent shall give a presentation of the Work Plan for Pre-Design Studies if needed and the conceptual design of the selected NTCRA based on any completed pre-design investigations and the Conceptual Design Letter Report
3 100 DESIGN MEETING FOR SEDIMENT CONSOLIDATION
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall hold a 100 Sediment Consolidation Design Meeting At this meeting the Performing Respondent shall present the 100 design for these components of the NTCRA
4 100 NTCRA DESIGN MEETING
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall hold two 100 NTCRA design meetings At the first meeting the Performing Respondent shall provide an overview of the design During the second meeting the Performing Respondent shall present any issues that have arisen from comments received on the 100 NTCRA design and options for resolving the issues
EPA may determine that any of such meetings are not necessary However EPA andor the Performing Respondent may also schedule additional meetings as necessary to discuss any issues that arise during design
VI NTCRA IMPLEMENTATION
The Performing Respondent shall implement the final design for the selected NTCRA as described in the Action Memorandum and this SOW that meets the performance standards specified in Section IV
- 13 shy
of this SOW This section describes the Performing Respondents responsibilities for conducting the NTCRA submitting deliverables and conducting project meetings during implementation of the NTCRA
A DELIVERABLES
The Performing Respondent shall submit the following deliverables to EPA and the MEDEP during implementation of the NTCRA pursuant to the schedule in Attachment A Any modification of the schedule in Attachment A is subject to EPA approval after a reasonable opportunity for review and comment by MEDEP Each submitted deliverable shall require EPA Approval or the Performing Respondents Certification whichever applies pursuant to the schedule in Attachment A and the procedures in Section XIV of the Administrative Order by Consent
1 NTCRA IMPLEMENTATION SCHEDULE
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit a NTCRA Implementation Schedule for EPA Review and Approval after reasonable opportunity for review and comment by the MEDEP The NTCRA Implementation Schedule shall identify the major milestones for completion of the NTCRA including the commencement and completion of construction and the schedule for demonstrating compliance bull ith Section V(A) (4) (f) of the SOW The NTCRA Implementation Schedule shall also identify the key construction dates including the initiation and completion date of each component of the multi-layer cap The NTCRA Implementation Schedule shall also identify the projected dates of the Progress Meetings conducted during the NTCRA implementation including those required pursuant to Section VIB of this SOW
2 CONSTRUCTION DOCUMENT SUBMITTAL
In accordance with the schedule set forth in Attachment A to this SOW the Performing Respondent shall submit a copy of executed construction contract documents to EPA and MEDEP
3 HEALTH AND SAFETY PLAN
- 14 shy
In accordance with che Schedule set forth in Attachment A to this SOW the Performing Respondent shall submit a General Health and Safety Plan to EPA and MEDEP A site-specific Health and Safety Plan addressing NTCRA construction activities shall be submitted by the Performing Respondent prior to on-site construction activities The general and site-specific Health and Safety Plans shall each be submitted with Performing Respondents Certification
4 NTCRA IMPLEMENTATION PROGRESS REPORTS
On the 15th calendar day of each month during implementation of the NTCRA and until EPA approval of the Completion of Removal Action Report the Performing Respondent shall submit Progress Reports to EPA and the MEDEP The Progress Reports shall be submitted with Performing Respondents Certification The reports shall summarize all activities that have been conducted in the month preceding the Progress Report and those planned for the next two months The Progress Reports shall also
a identify the percent of NTCRA construction completed
b identify any problems encountered andor changes to the schedule
c summarize the results of all sampling and tests and all other data received by the Performing Respondent
d include photographs of the site activities Photographs shall be labeled with the date brief description of the activity weather conditions and directionorientation of the photograph and
e include the results of any monitoring conducted
After completion of all construction activities the Performing Respondent may upon EPA approval reduce the frequency of submission of the Progress Reports The Progress Reports may be combined with the monthly progress reports required under the Administrative Order by Consent
- 15 shy
for Remedial Investigation Feasibility Study (EPA Region I CERCLA Docket No I-CERCLA-95-1069)
5 POST-REMOVAL SITE CONTROL PLAN
In accordance with the schedule set forth in Attachment A to this SOW the Performing Respondent shall submit a Post-Removal Site Control Plan (PRSC Plan) for EPA Review and Approval after reasonable opportunity for review and comment by the MEDEP The PRSC Plan shall ensure the long-term continued effectiveness of each component of the NTCRA The PRSC Plan shall address at a minimum the following
a periodic evaluation of the stability of the cover system
b a description of normal operations and maintenance
c a description of potential operational problems with contingency plans
d an operational safety plan
e a description of equipment
f record keeping and reporting requirements
g periodic assessment of the passive landfill gas venting system
h periodic assessment of erosion controls and periodic settlement monitoring
i periodic assessmentand runoff
of surface water controls
j evaluation of Sandy Brook removal area
k periodic evaluation of vegetative growth and the identification of any erosion and
1 the impact of the cap on wetlands
- 16 shy
6 COMPLETION OF REMOVAL ACTION REPORTS
In accordance with the schedule set forth in Attachment A to this SOW the Performing Respondent shall submit the Completion of Removal Action and Demonstratioi of Compliance Report (jointly the Completion of Removal Action Report) for EPA Review and Approval after reasonable opportunity for review and comment by the MEDEP The Completion of Removal Action Report shall be submitted in two phases including first an Interim Completion of Removal Action Report and second a Final Completion of Removal Action Report
a The Interim Completion of Removal Action Report shall include at a minimum
(1) a synopsis of the work defined in the SOW and the 100 NTCRA Design and a synopsis of all work actually performed
(2) an explanation of any modifications to work in the SOW and the 100 NTCRA Design and why such modifications were necessary to implement the NTCRA
(3) drawings and specifications for all components of the NTCRA and
(4) a final inspection checklist
b The Final Completion of Removal Action Report shall include the categories of information specified in section 300165 of the NCP (OSC Reports) In addition the Final Completion of Removal Action Report shall follow EPA guidance for a Remedial Action Report OSWER Directive 93550-39FS June 1992 and shall include at a minimum
(1) all the data and information necessary to demonstrate compliance according to the approved NTCRA Design
(2) a certification that the NTCRA is operational and functional as designed that no further modifications are necessary to meet the performance standards and that no unacceptable air
- 17 shy
or surface water releases (from the cap only) are occurring or are expected to occur
(3) a detailed explanation as to how t^e Performing Respondent addressed each of the ARARs specifically identified as such in Attachment X of the Action Memo
(4) the final record (as built) plans and specification for the NTCRA and
(5) the conclusions of the data evaluation
B PROJECT MEETINGS
The Performing Respondent and their contractors shall periodically meet with EPA and the MEDEP during implementation of the NTCRA to discuss the status of the project present the results of any investigations and discuss any issues that arise At least one week prior to each such meeting the Performing Respondent shall submit to EPA and the MEDEP as necessary an agenda for the meeting a summary of the issues that will be discussed and any supporting information The following is a list of mandatory meetings that shall be conducted by the Performing Respondent
1 CONSTRUCTION MEETINGS
Unless otherwise agreed by EPA and MEDEP during the construction period the Performing Respondent and its construction contractor(s) shall meet MONTHLY with EPA and MEDEP regarding the progress and details of construction
2 SUBSTANTIAL COMPLETION INSPECTION MEETING
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall schedule and conduct a Substantial Completion Inspection Meeting at the Site The Substantial Completion Inspection Meeting shall include EPA MEDEP and the Performing Respondents Project Coordinator and technical consultant
- 18 shy
3 FINAL INSPECTION MEETING
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall schedule and conduct a Final Inspection Meeting at the Site This Final Inspection Meeting shall include participants from all parties involved in the NTCRA including but not limited to the Performing Respondent and its contractors EPA and the State
EPA may determine that any such meetings are not necessary EPA andor MEDEP andor the Performing Respondent may also schedule additional meetings as necessary to discuss any issues that arise during implementation of the NTCRA
VII POST-REMOVAL SITE CONTROL
The Performing Respondent shall initiate Post-Removal Site Control (PRSC) upon completion of construction of the NTCRA In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit a PRSC plan for EPA approval after a reasonable opportunity for review and comment by MEDEP PRSC shall continue for at least thirty years
Progress Reports shall be submitted throughout the period of PRSC PRSC Progress Reports shall contain a list of all PRSC activities that were performed in the time period since the previous PRSC Progress Report and those PRSC activities that will be performed in the time period until the next PRSC Progress Report In addition PRSC Progress Reports shall include a summary of the results of any PRSC tests or evaluations completed since the last report
PRSC reports shall be submitted quarterly for the first two years following approval of the PRSC plan by EPA after a reasonable opportunity for review and comment by MEDEP For the next 8 years PRSC reports shall be submitted semishyannually in June and November of each year Thereafter PRSC reports shall be submitted annually in November The PRSC reports shall include a discussion of the condition of the NTCRA components and shall identify any corrective measures that have been or need to be installed In particular the condition of the landfill vegetative cover and surface water controldrainage systems shall be discussed
- 19 shy
VIII LONG-TERM MONITORING
In accordance with the schedule set forth in Attachment A to the SOW the Perform g Respondent shall submit a Long-Term Monitoring Plan for EPA Review and Approval after reasonable opportunity for review and comment by MEDEP The objective of the Long-Term Monitoring Plan shall be to evaluate the long-term changes in groundwater surface water and sediment concentrations to assess the effectiveness of the NTCRA The Long-Term Monitoring Plan may also include measures to assess the compliance of the landfill passive gas venting control system and the surface water and sediment control systems The data collected as part of the RIFS Order may be consolidated as a substitute for this data
The Performing Respondent shall initiate the long-term monitoring upon EPA approval of the Long-Term Monitoring Report and continue to perform long-term monitoring of the Site for at least thirty years after EPA approval of the Completion of Removal Action Report Any modifications to these requirements should be made in a manner consistent with Paragraph 111 of the Order
- 20 shy
ATTACHMENT A NTCRA SCHEDULE
DeliverableMeeting Due Date
Kick-off meeting between EPA MEDEP and Design Contractor
Design Progress Reports
Submit Conceptual Design Letter Report to EPA and MEDEP
Final Design Meeting for Sediment Consolidation
Submit draft 100 Sediment Consolidation Design
Conceptual Design Meeting
Monthly Project Mtg
Institutional Control Plan
Submit 100 NTCRA Design
100 NTCRA Design Meeting
Health and Safety Plan for Construction Activities
Second 100 Design Meeting
NTCRA Implementation Schedule
Revised 100 Design Construction Document Submittal
NTCRA Implementation Progress Reports
Construction Meetings
Post-Removal Site Control Plan
Held on December 18 1996
15th calendar day of each month until EPA approval of 100 NTCRA Design
Submitted December 15 1996
Held on December 18 1996
Submitted December 15 1996
Held January 9 1997
To be set by EPA
within 60 days of the effective date of the NTCRA Order
February 28 1997
March 21 1997
No later than May 16 1997
No later than May 23 1997
No later than June 13 1997
No later than June 13 1997
15th calendar day of each month after EPA approval of 100 NTCRA Design until approval of the Completion of Removal Action Report
Once per month during NTCRA construction activities
July 15 1997
Attachment A - 1
Submit Long-Term Monitoring Plan to EPA and MEDEP
Substantial Completion InspectionMeeting
Winter Stabilization Plan
Interim Completion of Removal Action Report
Final Completion of Removal Action Report
Final Inspection
Post-Removal Site Control Progress Reports
No later than December 1 1997
No later than December ]5 1997
By 30th of October of each year until EPA approval of the Post-Removal Site Control Plan
30 days prior to Substantial Completion Inspection Meeting
Within 120 days of the Substantial Completion Inspection
No later than May 15 1998
Quarterly for the 1st two years after approval of PRSC Plan(to be submitted in March June September and December of each year) for the next eight years semishyannually in June and November of each year Thereafter annually in November
Attachment A - 2
ATTACHMENT B
FIELD SAMPLING PLAN COMPONENT OF THE NTCRA 100 DESIGN
The overall objectives of the Field Sampling Plan (FSP) are as follows
1 to document specific objectives procedures and rationales for fieldwork and sample analytical work
2 to ensure that sampling and analysis activities are necessary and sufficient and
3 to provide a common point of reference for all parties to ensure the comparability and compatibility of all objectives and the sampling and analysis activities
The following critical elements of the FSP shall be described for each sample medium as necessary (eg ground water surface water soil sediment air and biota) and for each sampling event
1 sampling objectives (iedemonstration of attainment five year review etc)
2 data quality objectives including data uses and the rationale for the selection of analytical levels and detection limits (see Data Quality Objectives Development Guidance for Uncontrolled Hazardous Waste Site Remedial Response Activities OSWER Directive 935507 March 1987) Also Guidance for Data Useability in Risk Assessment EPA540G-90-008 October 1990
3 site background update including an evaluation of the validity sufficiency and sensitivity of existing data
4 sampling locations and rationale
5 sampling procedures and rationale and references
6 numbers of samples and justification
7 numbers of field blanks trip blanks and duplicates
Attachment B - 1
8 sample media (eg ground water surface war soil sediment air and buildings facilities and structures including surfaces structural materials and residue)
9 sample equipment containers minimum sample quantities sample preservation techniques maximum holding times
10 instrumentation and procedures for the calibration and use of portable air soil- or water-monitoring equipment to be used in the field
11 chemical and physical parameters in the analysis of each sample
12 chain-of-custody procedures must be clearly stated (see EPA NEIC Policies and Procedures Manual EPA 3309-78shy001-R May 1978 revised May 1986
13 procedures to eliminate cross-contamination of samples (such as dedicated equipment)
14 sample types including collection methods and if field and laboratory analyses will be conducted
15 laboratory analytical procedures equipment and detection limits
16 equipment decontamination procedures
The FSP must establish the framework for all anticipated field activities (eg sampling objectives evaluation of existing data standard operating procedures) and contain specific information on each round of field sampling and analysis work (eg sampling locations and rationale sample numbers and rationale analyses of samples) During the NTCRA the FSP shall be revised as necessary to cover each round of field or laboratory activities Revisions or a statement regarding the need for revisions shall be included in each deliverable describing all new field work
The FSP shall include provisions requiring notification of EPA and the MEDEP at a minimum four weeks before field sampling events The Performing Respondent shall provide EPA and MEDEP at least one week notice for non-analytical engineering analysis samples The FSP shall also allow split replicate or duplicate samples to be taken by EPA
Attachment B - 2
(or their contractor personnel) MEDEP and by other parties authorized by EPA At the request of EPA or MEDEP the Performing Respondent shall provide these samples in appropriately pre-cleaned containers to the government representatives Identical procedures shall be used t_raquo collect the Performing Respondents samples and the parallel samples unless otherwise specified by EPA or MEDEP The following guidance documents shall be followed in developing the FSP including
1 Guidance for Conducting Remedial Investigations and Feasibility Studies Under CERCLA (OSWER Directive 93553-01 EPA540G-89004 October 1988)
2 Data Quality Objectives for Remedial Response Activities Development Process EPA540G-87003 (OSWER Directive 93550-7B March 1987)
3 Data Quality Objectives for Remedial Response Activities example scenario RIFS Activities at a site with contaminated Soil and Ground Water (OSWER Directive 93550-7B EPA540G-87002 March 1987)
4 Test Methods for Evaluating Solid Waste PhysicalChemical Method (EPA Pub SW-846 Third Edition)
5 Analytical methods as specified in CFR 40 CFR Parts 136 14123 14124 and 14125 and Agency manuals documenting these methods
6 Statement of Works for Inorganic and Organic Analyses EPA Contract Laboratory Program
7 Guidance for Data Useability in Risk Assessment EPA540G-90-008 October 1990 and
8 Ecological Assessment of Hazardous Waste Sites A Field and Laboratory Reference EPA6003-89013 March 1989
Attachment B - 3
ATTACHMENT C
QUALITY ASSURANCE PLAN FOR THE NTCRA 100 DESIGN
The Quality Assurance Project Plan (QAPjP) shall document in writing site-specific objectives policies organizations functional activities and shall specify quality assurancequality control (QAQC) activities designed to achieve the data quality objectives (DQOs) of the NTCRA The QAPjP developed for this project shall document QAQC policies procedure routines and specifications All project activities throughout the NTCRA shall comply with the QAPjP All QAPjP and sampling and analysis objectives and procedures shall be consistent with Interim Guidelines and Specifications for Preparing Quality Assurance Project Plans (EPA 1983 - EPA QAMS- 00580 1980) All analytical methods shall be consistent with applicable EPA analytical protocols and methods
The 16 basic elements of the QAPjP plan are
1 title page with provision for approval signatures of principal investigators
2 table of contents
3 project description
4 project organization and responsibility
5 quality assurance objectives for measurement data in terms of precision accuracy completeness representativeness and comparability
6 sampling procedures
7 sample custody
8 calibration procedures and frequency
9 analytical procedures which must be EPA approved or equivalent methods
10 data reduction validation and reporting
11 internal quality control checks and frequency
Attachment C - 1
12 performance and system audits and frequency
13 preventive maintenance procedures and schedules
14 specific routine procedures to be used to assess the precision accuracy and completeness of data and to assess specific measurement parameters involved
15 corrective action and
16 quality assurance reports to management
As indicated in EPAQAMS-00580 the above list of essential elements must be considered in the QAPjP for the NTCRA If a particular element is deemed not relevant to the project the reasons for such determination must be provided
Information in a plan other than the QAPjP may be cross-referenced clearly in the QAPjP provided that all objectives procedures and rationales in the documents are consistent and the reference material fulfills the requirements of EPAQAMS-00580 Examples of how this cross-reference might be accomplished can be found in the Data Quality Objectives for Remedial Response Activities Development Process EPA5406-87OQ3 (OSWER Directive 93550-7B) March 1987 and the Data Quality Objectives for Remedial Response Activities Example Scenario EPA540Gshy87004 (OSWER Directive 93550-7B) March 1987 EPA-approved analytical methods or alternative methods approved by EPA shall be used and their corresponding EPA-approved guidelines shall be applied when they are available and applicable
The QAQC for any laboratory used during the NTCRA shall be included in the QAPjP When this work is performed by a contractor to the Performing Respondent each laboratory performing chemical analyses shall meet the following requirements
1 be approved by the State Laboratory Evaluation Program if available
2 have successful performance in one of EPAs National Proficiency Sample Programs (ie Water Supply or Water Pollution Studies or the States proficiency sampling program)
Attachment C - 2
3 be familiar with the requirements of 48 CFR Part 1546 contract requirements for quality assurance and
4 have a QAPjP for the laboratory including all relevant analysis This plan shall be referenced as part of the contractors QAPjP
The Performing Respondent shall certify that all validation of data was performed by an independent person according to Region Is Laboratory Data Validation Functional Guidelines for Evaluating Organic and Inorganic Analyses (amended as necessary to account for the differences between the approved analytical methods for the project and the Contract Laboratory Procedures (CLP) These approved methods shall be contained in the QAPjP The independent person shall not be the laboratory conducting the analyses and should be a person familiar with EPA Region I data validating procedures The independent person performing the validation shall insure that the data packages are complete and all discrepancies have been resolved if possible and the appropriate data qualifiers have been applied The Performing Respondent shall keep the complete data package and make it available to EPA and the MEDEP on request The complete data package must include the following
o Narrative stating method used and explanation of any problems
o Tabulated summary forms for samples standards and QC
o Raw data for samples standards and QC o Sample preparation logs and notebook pages o Sample analysis logs andor notebook pages o Chain of custody sample tags o An example calculation for every method per
matrix
Attachment C - 3
ATTACHMENT D
GENERAL REQUIREMENTS FOR THE TECHNICAL SPECIFICATIONS COMPONENT OF THE NTCRA DESIGN
The general requirements section of the technical specification shall describe how the Performing Respondent will manage the project to complete the NTCRA as required under the SOW and the Order As part of the technical specifications the Performing Respondent shall require the following tasks
1 provide for the security of government and private property on the Site
2 estrict unauthorized entry to the Site which might result in exposure of persons to potentially hazardous conditions
3 establish the location of a field office for on-site activities
4 provide contingency and notification plans for potentially dangerous activities associated with the NTCRA
5 monitor airborne contaminants released by Site activities which may affect the local populations
6 communicate to EPA MEDEP and the public the organization and management of the NTCRA including key personnel and their responsibilities
7 provide a list of Performing Respondents contractors and subcontractors and description of their activities and roles
8 provide for the proper disposal of materials used and wastes generated during the NTCRA (eg drill cutting extracted ground water protective clothing disposable equipment) These provisions shall be consistent with the off-site disposal requirements of CERCLA sect 121(d)(3) RCRA and applicable state laws The Performing Respondent or their authorized representative or another party acceptable to EPA and MEDEP shall be identified as the generator of wastes for the purpose of regulatory or policy compliance
Attachment D - 1
9 provide a description of the project staff and communication strategy
10 provide the mechanism for identifying and notifying EPA and MEDEP of non-conformance with the design and ixeld change requests and
11 provide traffic controls and community notification strategy
Attachment D - 2
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 7
modifications as provided by the terms of this
Administrative Order by Consent as may be added hereafter
including (upon EPA Approval or the Citys Certification)
any Deliverables required by this Order such Deliverables
shall be incorporated into and enforceable under this Order
upon EPA Approval or the Citys Certification
1 Oversight Costs shall mean all costs including but
not limited to direct and indirect costs not inconsistent
with the NCP that EPA the Department of Justice or the
State of Maine incur after the effective date of this Order
in overseeing this Order and the Cost Recovery
Administrative Agreement including costs incurred for
negotiating amendments to these instruments- costs incurred
for reviewing or developing plans reports and other items
in connection with this Order costs incurred for overseeing
actions undertaken by the City at the Site pursuant to this
Order including but not limited to payroll costs
contractor costs travel costs and laboratory costs- any
payments tc the State through a cooperative agreement lt~osts
incurred by EPA under or in connection with a contract or
arrangement between EPA and a qualified person to assist EPA
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 8
in overseeing and reviewing the conduct of activities
required under this Order costs of contractors hired by EPA
and other federal agencies to assist in the evaluation of
Respondents Work under this Order costs related to
community relationsinvolvement and any Interest accruing
from the date payment for such costs is due Extraordinary
Response Costs shall be excluded from the definition of
Oversight Costs
m Paragraph shall mean a portion of this Order
identified by an Arabic numeral or an upper case letter
n Parties shall mean EPA the State of Maine and the
Respondents
o Past Response Costs shall mean all costs including
but not limited to direct and indirect costs that EPA the
US Department of Justice or the State of Maine incurred
at the Site or in connection with the Site through the
effective date of this Order plus accrued Interest on all
such costs through such date
p Post-Removal Site Control shall mean those activities
necessary to maintain the effectiveness and integrity of the
NTCRA
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 9
q Prior MEDEP Orders and Consent Decrees shall meai The
1970 Consent Agreement and Order issued by the MEDEP to the
City the 1981 Administrative Consent Agreement and
Enforcement Order issued by MEDEP to the City the 1984
Consent Decree entered by the MEDEP and the City the 1986
First Amendment to the 1984 Consent Decree the 1987 Consent
Decree between the MEDEP and the City and all other
administrative orders and consent decrees related to the
Site issued by the MEDEP to the City prior to the effective
date of this Order
r Removal Action shall mean all activities that the
Respondents are required to perform under this Order
including but not limited to all response actions to be
undertaken pursuant to the Action Memorandum for a Non-Time
Critical Removal Action at the Site dated September 23
1996 except those activities required by Section XVIII
(Record Preservation) and Paragraph 96 (Payment by Non-
Performing Respondents)
s Response Costs shall mean all costs including but
not limited to direct and indirect costs plus Interest on
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 10
all such costs that EPA the US Department of Justice or
the State of Maine incur in connection this Order
t Performing Respondent shall mean the City of Saco
Maine
u Performing Respondents Certification shall mean the
procedures specified in Section XIVB of this Order
v Non-Performing Respondents shall mean those parties
identified in Paragraph 12
w RIFS Order shall mean the Administrative Order by
Consent for Remedial InvestigationFeasibility Study EPA
Region I CERCLA Docket No I-CERCLA-95-1069
x RIFS Response Costs shall mean those costs
including but not limited to direct and indirect costs that
EPA the US Department of Justice or the State of Maine
incurred or will incur in connection with the RIFS Order
plus accrued Interest on all such costs
y RFC shall mean the Citys Project Coordinator
z RPM shall mean EPAs Remedial Project Manager
aa Section shall mean a portion of this Order identified
by a Roman numeral
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 11
bb Site shall mean the Saco Municipal Landfill Supe fund
Site encompassing the Landfill the Landfill Parcel and
all other areas where hazardous substances migrating from
the Landfill have come to be located and all areas in
proximity to the hazardous substances necessary for
implementation of the response action
cc State shall mean the State of Maine including MEDEP
dd Statement of Work or SOW shall mean the statement
of work for the design and implementation of the Removal
Action as set forth in Appendix B to this Order any
modifications made in accordance with this Order and any
attachments to the SOW
ee MEDEP or Maine DEP shall mean the State of Maine
Department of Environmental Protection and any predecessor
or successor departments or agencies of the State
IV EPAS AND MAINE PEPS FINDINGS OF FACT
Site Description and History
7 The Site is in a rural residential area Wooded areas
surround the Site in all directions with the exception of an
open sand and gravel quarry to the southeast private residences
are located to the north and east The closest residence is
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 12
approximately 1000 feet northeast of the entrance to the
landfill In 1975 a waterline extension for the Biddeford and
Saco Water Company was installed along Buxton Road which is to
the east of the Site north to the Louden Road that services
many of the private residences in the area
8 The City of Saco operated the Landfill from 1963 until
approximately 1988 Solid wastes commercial wastes and
industrial wastes were disposed of at the Landfill In 1987 the
City of Saco began operating and continues to operate a
transfer station and compost area near the northern perimeter of
the Landfill Parcel and to the west of Foss Road The transfer
station receives and temporarily stores demolition debris wood
waste and white goods prior to off-site disposal The Landfill
is comprised of four distinct waste deposition areas (Areas 1 2
3 and 4) A brook known as Sandy Brook flows northwest to
southeast through the Landfill Parcel with Landfill Areas 1 and
2 to the east and Areas 3 and 4 to the west of Sandy Brook
9 Following reports of ground water and surface water
contamination from leachate from the Landfill the Maine DEP
began investigating the Site in 1974 A 1974 report by a
consultant for the City of Saco identified leachate originating
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 13
from Area 1 at the Landfill as a source of contamination and a
1975-1976 report recommended capping Area 1 to prevent continued
leachate generation Further studies by other consultants as
well as by the Maine DEP and EPA identified volatile organic
compounds metals and semi-volatile compounds including but not
limited to acetone bis (2-ethylhexyl) phthalate chromium 11shy
dichloroethane iron lead manganese methyl ethyl ketone and
toluene in the leachate ground water andor surface water at
the Site at the time of the additional studies
10a In February 1976 the Maine DEP issued a Consent
Agreement and Order (Consent Order) to the City of Saco to
abate leachate migration from the Landfill Pursuant to the
Consent Order the City of Saco regraded Area 1 and covered it
with a clay cap in the fall of 1976 In September 1981 the
Maine DEP issued-an Administrative Consent Agreement and
Enforcement Order to the City of Saco requiring submittal of a
closure plan for the entire Landfill The City of Saco submitted
a closure plan to the Maine DEP in March and November 1984
Following Maine DEP approval of the submitted plan the Maine DEP
and the City of Saco entered into a Consent Decree effective
December 31 1984 under which the City of Saco agreed to perform
Administrative Order By Conaent for Removal Action Saco Municipal Landfill Super-fund Site Page 14
the closure plan for the Landfill Pursuant to the approved
closure plan the City of Saco installed a leachate recirculation
system in Area 2 and covered this area of the Landfill with a
clay cap In addition in a separate action from 1985 to 1991
the City of Saco allowed the temporary storage of solid waste
from Nike Inc in Area 3 which was later sent off-site for
incineration Area 4 of the Landfill has been graded and is
covered with a thin layer of soil
b A number of monitoring efforts at the Site have
been undertaken by the City of Saco and others In 1980 34
private wells located near the Site were sampled In 1984 the
City of Saco contracted with Dubois amp King which installed 24
additional monitoring wells conducted sampling of groundwater
surface water off-site residential wells and ponds and
initiated quarterly sampling In 1987-1988 the City of Saco
contracted with Balsam Environmental Consultants to conduct
sampling of groundwater surface water and leachate in
preparation for Landfill closure activities In 1989 Balsam
evaluated the existing monitoring well network and submitted a
Remedial Investigation Plan
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 15
c From September 1992-April 1994 Halliburton NUS
Corporation provided technical assistance to EPA conducted a
Limited Field Investigation under EPA oversight and prepared a
Final Site Summary Report regarding the Site In 1993-1994 the
US Geological Survey under an Interagency Agreement with the
EPA conducted a detailed geologichydrogeologic review of the
Site and installed monitoring wells performed numerous
geophysical analyses and monitored and sampled surface water
B Performing Respondent
11 The City of Saco is a municipality which currently owns
the Landfill Parcel and the Landfill and owned the landfill
Parcel and the Landfill during the time of disposal of hazardous
substances at the Landfill The City also operated the Landfill
during the time of disposal of hazardous substances at the
Landfill either directly or through a contractor The City of
Saco typically provided trash removal services for residential
and non-industrial commercial entities Industrial entities
handled their own waste hauling to the Landfill
C Non-Performing Respondents
12 The following parties are Non-Performing Respondents
Robus Leather Corporation fka George Newman amp Company
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 16
successor by merger to Biddeford Industries Inc a corporation
under the law of the State of Ohio CL Hauthaway amp Sons Corp
a corporation under the law of the Commonwealth of Massachusettsshy
Gabriel Electronics Incorporated a corporation under the law of
the State of Maine Litton Industries Inc a corporation under
the law c_ the State of Delaware- Lyn-Flex Industries an
unincorporated division of Der-Tex Corporation a corporation
under the law of the Commonwealth of Massachusetts Millipore
Corporation a corporation under the law of the Commonwealth of
Massachusetts Nike Inc a corporation under the law of the
State of Oregon ZENECA Inc a corporation under the law of the
State of Delaware Saco Defense Inc a corporation under the law
of the State of Delaware Bemis Company Inc a corporation
under the law of the State of Missouri and Champion
International Corporation a corporation under the law of the
State of New York EPA and Maine DEP allege that each Non-
Performing Respondent arranged by contract agreement or
otherwise for the disposal or treatment of hazardous substances
at the Landfill andor accepted or
had a corporate relationship with a person that accepted
hazardous substances for transport to the Landfill
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 17
C Environmental Status of Site
13 Beginning in the mid-1970s individuals residing near
the Site reported water quality concerns regarding their drinking
water wells To address these concerns the municipal water
supply was extended along Buxton Road (Route 112) in 1975
14 Based upon the hazardous substance releases detected
during EPA MEDEP and City of Saco investigations at the Site
and other information available to EPA regarding disposal of
hazardous substances by industrial generators at the Landfill
and pursuant to Section 105(a)(8)(B) of CERCLA 42 USC
sect 9605(a)(8)(B) the Site was proposed for inclusion on the
National Priorities List (NPL) published by the Administrator
of EPA in the Federal Register on June 24 1988 (NPL Update 7
53 Fed Reg 23988-98) The Site was listed for final inclusion
on the NPL on February 21 1990 (NPL Final Rule Update 7 55
Fed Reg 6154)
15 EPA MEDEP and the City of Saco have entered into the
Administrative Order by Consent for Remedial Investigation
Feasibility Study US EPA Region I CERCLA Docket No I-CERCLAshy
95-1069 (RIFS Order) in order to fully investigate the release
or threat of release of hazardous substances at the Site The
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 18
RIFS Order became effective on October 2 1995 The Remedial
Investigation and Feasibility (RIFS) Study is still in
progress
16 The RIFS and earlier investigations have revealed that
the landfill waste material is the source of hazardous substances
migrating to the underlying soils groundwater sediments and
surface water Hazardous substances were detected in groundwater
monitoring wells adjacent to and downgradient of the Site
indicating that hazardous substances have migrated from the Site
into the overburden groundwater which discharges to Sandy Brook
Groundwater data indicates that hazardous substances including
but not limited to arsenic manganese vinyl chloride benzene
and bis(2-ethylhexyl)phthalate are present at concentrations
above the maximum contaminant levels established under the
federal Safe Drinking Water Act and the Maine Maximum Exposure
Guidelines In addition hazardous substances from the Site have
accumulated in the sediments of leachate seeps adjacent to Sandy
Brook The level of arsenic in one leachate seep adjacent to
Sandy Brook is over 200 times the National Oceanic and
Atmospheric Effects Range-Low concentrations for sediments (NOAA
ER-L)
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 19
17 On June 6 1996 EPA issued an Engineering
EvaluationCost Analysis (EECA) Approval Memorandum for the
Site In this memorandum EPA concludes that a CERCLA Non-Time-
Critical Removal Action is necessary and appropriate to control
the source of hazardous substance releases at the Site and
authorizes the undertaking of an EECA study to evaluate various
response options On July 26 1996 EPA approved the EECA
Report prepared by the City of Saco pursuant to the RIFS Order
18 On September 23 1996 the Director of OSRR EPA Region
I signed an Action Memorandum for a Non-Time-Critical Removal
Action at the Site In order to control and contain the release
of hazardous substances from Areas 3 and 4 of the Saco Municipal
Landfill Site the Action Memorandum calls for excavation of
groundwater seep sediments with arsenic concentrations above 19
mgkg the construction of a multi-layer landfill cap
institutional controls long-term monitoring and Post-Removal
Site Control (operation and maintenance) of the cap and
monitoring wells
D Endangerment and Response
19 The primary route by which human populations could be
exposed to hazardous substances migrating from the Site is
Administrative Order By Concent for Removal Action Saeo Municipal Landfill Superfund Site Page 20
ingestion of groundwater in the vicinity of Areas 3 and 4 At
present no residents living near the Site are known to be
consuming impacted groundwater However the potential exists
for new residences to be located (with associated drinking water
wells) near the Site
20 Due to ongoing weather conditions water infiltrates
the landfill waste material and underlying soils causing the
leaching of hazardous substances to the groundwater and the
migration of such substances through the groundwater An
exposure pathway potentially exists therefore through the
ingestion of water from a drinking water well installed in the
groundwater impacted by the hazardous substances
21 A risk evaluation performed for the EECA Approval Memo
concludes that there is an unacceptable cancer and non-cancer
risk from exposure to substances in the groundwater including
those hazardous substances listed in Paragraph 9 above The
cumulative excess cancer risk resulting from ingestion of
groundwater by a future user is estimated as 1 x 10~2 for the
reasonable maximum exposed individual and 91 x 104 for the
average exposed individual These levels exceed the highest
acceptable level of risk (1 x 10) established by EPA under the
Administrative Order By Convent for Removal Action Saoo Municipal Landfill Superfund Site Page 21
National Contingency Plan The hazard index which is an
expression of the potential noncarcinogenic effects (eg liver
damage) of the hazardous substances is estimated as 64 for the
reasonable maximum exposed individual and 22 for the average
exposed individual A hazard index significantly greater than
one is considered to pose an unacceptable risk
22 The EECA Approval Memo risk evaluation also identified
an unacceptable risk from human exposure to the maximum
concentrations of arsenic in the groundwater seeps and an
unacceptable non-cancer risk from human exposure to chromium in
the soils adjacent to Area 3
23 An ecological risk was also identified by the EECA
Approval Memo risk evaluation Iron concentrations in Sandy
Brook were up to 18 times the ambient water quality criteria and
arsenic concentrations in Sandy Brook sediments and the
groundwater seep sediments were 138 times the NOAA ER-L
24 The Removal Action specified in the Action Memorandum
signed by the Director of OSRR EPA Region I on September 23
1996 and as detailed in the Order and SOW is designed to
control the actual or threatened release of hazardous substances
into the groundwater air surface water and sediments and
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 22
thereby prevent minimize andor mitigate the imminent and
substantial endangerment to the public health or welfare or the
environment posed by the actual or potential releases of
hazardous substances from the Landfill
V EPAS AND MAINE PEPS DETERMINATIONS
Based on the Findings of Fact set forth above and the
administrative record supporting the Removal Action EPA and the
Maine DEP have determined that
25 The Saco Municipal Landfill Superfund Site is a
facility as defined by Section 101(9) of CERCLA 42 USC
sect 9601(9) and an uncontrolled hazardous substance site within
the meaning of the Maine Uncontrolled Sites Law 38 MRSA
sect 1362(3) (1989 amp Supp 1997)
26 The hazardous substances found at the Site as
identified in the Findings of Fact above include hazardous
substance(s) as defined by Section 101(14) of CERCLA 42 USC
sect 9601(14) and the Maine Uncontrolled Sites Law 38 MRSA
sect 1362(1) (1989 amp Supp 1997)
27 Each Respondent is a person as defined by Section
101(21) of CERCLA 42 USC sect 9601(21)
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 23
28 Each Respondent is a liable party within the meaning of
Section 107(a) of CERCLA 42 USC sect 9607(a) and a responsible
party within the meaning of the Maine Uncontrolled Hazardous
Substances Sites Law 38 MRSA sect 1362(2) (1989 amp Supp 1997)
29 The conditions described in the Findings of Fact above
constitute an actual or threatened release of a hazardous
substance from the facility into the environment as defined by
Section 101(8) and (22) of CERCLA 42 USC sect 9601(8) and (22)
30 The conditions present at the Site may constitute a
threat to public health welfare andor the environment based
upon the factors set forth in Section 300415(b)(2) of the
National Contingency Plan 40 CFR sect 300415(b)(2)
31 The actual or threatened release of hazardous
substances from the Site may present an imminent and substantial
endangerment to the public health welfare or the environment
within the meaning of Section 106(a) of CERCLA 42 USC
sect 9606(a) and may constitute threats or hazards posed or
potentially posed by an uncontrolled site within the meaning of
the Maine Uncontrolled Sites Law 38 MRSA sect 1364 (1989 amp
Supp 1997)
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 24
32 In order to protect the public health and welfare and
the environment and prevent the further release or threat of
release of hazardous substances in at or from the Site a
Removal Action is necessary and appropriate The Removal Action
will consist of implementation of this Order and SOW The SOW is
designed to prevent minimize andor mitigate damage to the
public health or welfare or the environment which may otherwise
result from the release or threat of release of hazardous
substances and was developed in accordance with the criteria set
forth at Section 300415 of the NCP 40 CFR sect 300415 The
Removal Action is not inconsistent with the NCP and CERCLA
33 Despite the Non-Performing Respondents agreement to
make payments to be used for performance of the Work and the
Performing Respondents agreement to perform Work under this
Order Respondents do not admit any of the factual or legal
determinations made by EPA and Maine DEP Respondents agreement
to this Order shall not be construed to be an acknowledgment that
the release or threatened release constitutes an imminent and
substantial endangerment to the public health or welfare or the
environment Except as otherwise provided in the Federal Rules
of Evidence and other than in proceedings to enforce i) this
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 25
Order ii) any agreement between and amonc e Performing
Respondent and Non-Performing Respondents regarding the Site or
iii) a judgment relating to this Order or any such agreement
Respondents participation in this settlement shall not be
considered an admission of liability for any purpose and the
fact of such participation shall not be admissible in any
judicial or administrative proceeding
VI ORDER
34 Based upon EPAs and MEDEPs jurisdiction the Findings
of Fact and Determinations set forth above and the
administrative record supporting the Removal Action EPA and the
Maine DEP hereby order and the Parties hereby agree that the
Respondents as required herein shall comply with the provisions
of this Order and SOW and perform all actions required by the
terms and conditions of this Order and SOW
VII REMOVAL WORK TO BE PERFORMED COMPLETION OF WORK
35 Upon the effective date of this Order the City shall
perform the Work detailed in the SOW to perform the Removal
Action and meet the performance standards specified in the Action
Memorandum and the SOW The Parties agree that the SOW is
consistent with the Action Memorandum Notwithstanding any
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 26
determination that EPA may make under Paragraph 70 cpound this Order
that additional response actions are necessary to attain the
performance standards specified in the Action Memorandum
compliance with the Work requirements specified in the SOW shall
constitute compliance with the Citys obligation to perform the
Work required by this Paragraph (Paragraph 35) If the SOW must
be modified to ensure that the City meets the performance
standards specified in the Action Memorandum and the SOW the
City must thereafter complete the Work required by the SOW as
modified As specified in the SOW the Removal Action will
generally consist of (i) excavation of all sediments in the
groundwater seep adjacent to Sandy Brook having an arsenic
concentration above 19 mgkg (ii) the design and construction of
a multi-layer low hydraulic conductivity cap over the landfill
(iii) long-term monitoring of the groundwater surface water and
sediments (iv) Post-Removal Site Control and (v) institutional
controls including deed restrictions andor other controls to
prohibit the future use of the Site in any manner that would
compromise the integrity of the cap and its related systems
36 The City shall conduct as necessary Post-Removal Site
Control at the Site in accordance with the SOW All activities
Administrative Order By Connent for Removal Action Saco Municipal Landfill Superfund Site Page 27
performed by the City shall be conducted in accordance with
CERCLA the NCP applicable guidance documents specified by EPA
in the SOW and the provisions of this Order including any
standards specifications and time schedules contained in the
SOW (as such may be amended) and its attachments
37 Pursuant to the schedule in Attachment A to the SOW
the City shall submit for EPA Approval the Final Demonstration of
Compliance and Completion of Removal Action Report (the Final
Completion of Removal Action Report) The Final Completion of
Removal Action Report shall conform to the requirements specified
in the SOW The Final Completion of Removal Action Report shall
also include the following certification signed by the Citys
Project Coordinator or a responsible City official
On behalf of the City for whom I have the authority to make this certification I certify that to the best of my knowledge after appropriate inquiries of relevant persons involved in the preparation of the Report the information submitted 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
38 If EPA after reasonable opportunity for review and
comment by the State determines that the construction portion of
the Removal Action has been fully performed in accordance with
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superpoundund Site Page 28
this Order (with the exception of continuing obligations required
by this Order including without limitation Post-Removal Site
Control long-term monitoring and record preservation) and that
the performance standards specified in the Action Memorandum and
the SOW have been achieved EPA will provide written notice to
the City If EPA after reasonable opportunity for review and
comment by the State determines that all activities have not
been completed in accordance with the provisions of this Order
it will so notify the City and provide a list of the tasks
remaining and a schedule for their completion Subject to the
Citys right to invoke Dispute Resolution the City shall perform
all remaining tasks and shall submit an amended Final Completion
of Removal Action Report in accordance with the EPA notice
VIII COORDINATION AND COOPERATION WITH OTHER RESPONSE ACTIONS
39 The Parties recognize that (i) the City of Saco is
currently performing an RIFS at the Site (ii) EPA intends
after reasonable opportunity for review and comment by the Maine
DEP to select a final remedial action for the Site following
completion of the RIFS and (iii) the design andor construction
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Superfund Site Page 29
of a future remedial action may be performed concurrently with
the Citys performance of portions of the Removal Action
40 The City shall coordinate and cooperate fully with EPA
the State and any other person conducting future response
actions at the Site under EPA or State supervision The City
shall not interfere with or hinder the performance of future
response actions nor take any actions inconsistent with the
performance of any future response actions Further the City
shall provide such assistance and information as EPA deems
necessary to ensure the smooth transfer of the operation and
maintenance of the landfill systems to EPA and any other person
conducting future response actions at the Site under EPA or State
supervision if such becomes necessary
IX ENSftlt3EMTiTJT 9F THE CITYS CONSULTANT AND CONTRACTOR AND PROJECT COORDINATOR
41 The City has selected a qualified Consultant (the
Consultant) Woodard and Curran Inc to perform engineering
consulting work including cap design required under this Order
Additional technical activities including cap construction will
be performed by a contractor yet to be selected The Consultant
and contractor shall employ key personnel dedicated to the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 30
Removal Action that shall have a minimum of five (5) years of
direct experience in performing response actions at hazardous
waste sites Subcontractors retained by the Consultant or
contractor shall contribute no more than fifty percent (50) of
the total work to be conducted under the agreement between the
City and the Consultant All work performed by said Consultant
and contractor pursuant to this Order shall be unde^ the general
direction and supervision of a qualified individual with
expertise in hazardous waste site cleanup The contractor shall
employ such professional staff and shall contract with
appropriate subcontractors sufficient to perform the Removal
Action prior to engagement by the City
42 The City shall provide written notice to EPA and the
Maine DEP within ten (10) days after engaging a contractor The
notice shall include a copy of the Citys contract with the
contractor a statement of qualifications identification of
project personnel and language dedicating the specific
professional staff for specific hours devoted to the project
The City shall notify EPA and the Maine DEP regarding the
identity and qualifications of all subcontractors as soon as each
subcontractor is engaged or at least fourteen (14) days prior to
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Superfund Site Page 31
the subcontractors commencement of Site Work whichever occurs
first Notice by the Citys contractor or subcontractor shall be
deemed notice by the City EPA after reasonable opportunity for
review and comment by the Maine DEP shall have the right
subject to the Citys right to invoke Dispute Resolution to
disapprove based on professional qualifications conflicts of
interest andor deficiencies in previous similar work the
Consultant and any contractor or subcontractor or other person
engaged directly or indirectly by the City to conduct the Work
under this Order The City shall not be deemed in violation of
this Order because the Work has been performed by a contractor or
subcontractor or other person engaged directly or indirectly by
the City to conduct the Work under this Order which is
subsequently disapproved by EPA
43 Within fourteen (14) days after the effective date of
this Order the City shall designate a Project Coordinator who
shall be responsible for the administration of all actions called
for by this Order and shall submit the Coordinators name
address and telephone number to EPA and the ^aine DEP Any
subsequent change in the Citys Project Coordinator shall be
accomplished to the extent possible by notifying EPA and the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 32
Maine DEP in writing at least fourteen (14) days prior to the
change The Citys Project Coordinator shall be subject to
disapproval by EPA and shall have the technical expertise
sufficient to adequately oversee all aspects of the work required
under this Order
X DESIGNATION OF GOVERfffMHSITT COORDINATORS
44 EPA will designate a Remedial Project Manager (WRPM)
for administration of its responsibilities for oversight of the
day-to-day activities conducted under the Order and for receipt
of all written matter including deliverables required by the
Order The Maine DEP may designate a Maine DEP Project Manager
for the administration of its responsibilities for oversight of
the day-to-day activities conducted under the Order and for
receipt of all written matter including deliverables submitted
to the Maine DEP as required by this Order In addition EPA
will designate a Geographic Section Chief (GSC) who shall have
ultimate responsibility for the approvaldisapproval findings and
comments on Deliverables pursuant to Section XIV of this Order
EPA will submit the name address and telephone number of the
RPM and GSC to the City and the Maine DEP within fourteen (14)
days after the effective date of this Order EPA shall notify
Administrative Order By Consent for Removal Action Saco Municipal Landfill Suparfund Site Page 33
the City and the Maine DEP in writing of any subsequent changes
in the RPM or GSC
45 The RPM shall have the authority vested in the On-Scene
Coordinator and the Remedial Project Manager by the National
Contingency Plan as amended 40 CFR Part 300 This includes
the authority to halt conduct or direct any tasks required by
this Order andor any response action or portions thereof when
conditions may present an imminent and substantial endangerment
to public health or welfare or the environment The absence of
the EPA RPM from the Site shall not be cause for the City to halt
actions at the Site unless specifically directed by the RPM
XI PLACE AND MANNER OF NOTICE
46 Communications between the City and EPA andor the
Maine DEP and all documents including reports approvals
disapprovals written notice and other correspondence concerning
the activities performed pursuant to the terms and conditions of
this Order shall be directed through the Citys Project
Coordinator the EPA RPM and the Maine DEP Project Manager For
each Deliverable provided to EPA one (I) camera ready (unbound)
original shall be submitted along with such additional copies as
are required by the RPM Additionally two (2) copies shall be
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 34
submitted to the Maine DEP Project Manager along with such
additional copies as the Maine DEP Project Manager may request
All such documents submitted pursuant to this Order shall be sent
by certified mail return receipt requested or by overnight
delivery service or by courier to the EPA RPM and the Maine DEP
Project Manager at the following addresses or to such other
addresses as EPA or the State hereafter may designate in writing
Mary Jane ODonnell Chief MEVTCT Superfund Section US Environmental Protection Agency Office of Site Remediation and Restoration - HBT JFK Federal Building Boston MA 02203
Wilkes Harper Maine DEP Bureau of Remediation and Waste Management 17 State House Station Augusta ME 04333-0017
XII OBSERVATION OF THE CITYS ACTIVITIES
47 The City shall allow the EPA RPM EPA and State
employees (including but not limited to the Maine DEPs Project
Manager) agents consultants contractors and authorized
representatives to observe the Citys Work at the Site in
implementing the Removal Action activities pursuant to this
Order All activities under this Order shall comply with the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 35
provisions for respmdash pe action worker safety and health in
29 CFR sect 1910120 EPA and Maine DEP will provide reasonable
notice to the City prior to such observation to the extent
practicable The City shall permit such persons (i) to inspect
and copy all non-privileged records documents files or other
writings that relate in any way to the work at the Site and that
would be available to EPA pursuant to its authority under Section
104(e)(2) of CERCLA (ii) to record all field activities by means
of photographic or other recording equipment (iii) to enter and
to freely move about all property on or about the Site during
field activities and at all other reasonable times (iv) to
conduct such tests as EPA may deem necessary (the results of
which shall be available to the Respondents and (v) to verify
the data submitted to EPA by the City The City shall not assert
privileges with respect to technical data regarding the Site
collected pursuant to any requirement of the RIFS Administrative
Order by Consent this Order or any other EPA or Maine DEP
request
XIII NECESSITY OF FORMAL APPROVAL
48 No informal advice guidance suggestions or comments
whether written or oral by EPA or the Maine DEP regarding
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 36
Deliverables or regarding any orv er written or oral information
submitted by the City to EPA (including any information the City
provides to EPA before during or after meetings) shall be
construed as relieving the City of its obligations to obtain such
formal reviews as may be required by this Order and SOW
XIV DELIVERABLES SUBMITTED TO EPA AND THE MAINE PEP
49 For Deliverables which require EPA Approval as
specified in this Order or the SOW the City shall comply with
the procedures set forth in subsection XIVA below For
Deliverables which require Performing Respondents Certification
as specified in the SOW the City shall comply with the
procedures set forth in subsection XIVB below
50 All Deliverables submitted to EPA and the Maine DEP
shall be delivered to EPA and the Maine DEP in accordance with
the schedule set forth in the SOW or otherwise established under
this Order or as modified in accordance with Section XXXXI All
Deliverables which have not received an Approval or Approval with
Conditions pursuant to subsection XIVA below or which require
the Citys Certification pursuant to subsection XIVB below
shall include the following disclaimer in a prominent location in
the document Disclaimer This document has been prepared by
Administrative Order By Concent for Removal Action Saco Municipal Landfill Superfund Site Page 37
the City pursuant to a government administrative order and has
not received final acceptance from the US Environmental
Protection Agency The opinions findings and conclusions
expressed are those of the authors and not those of the US
Environmental Protection Agency or Maine Department of
Environmental Protection In addition any such Deliverable
which requires EPA Approval pursuant to subsection XIVA below
and which has not received final approval from EPA shall be
marked DRAFT on each page
51 Any Deliverable required by this Order or SOW shall be
incorporated in and become an enforceable part of this Order
upon EPA Approval pursuant to subsection XIVA or upon the
Performing Respondents Certification pursuant to subsection
XIVB whichever applies Delay or noncompliance with such
Deliverables shall be considered delay or noncompliance with
requirements of this Order and the provisions of Section XXX
(Stipulated Penalties) shall apply
A Deliverables Requiring EPA Approval
52 EPA will review each Deliverable which requires EPA
Approval as specified in this Order or Attachment A of the SOW to
determine after reasonable opportunity for review and comment by
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 38
the Maine DEP whether it is consistent wi^b the requirement-^ of
the SOW and the Order and may respond to the City with one or
more of the following findings
a Approval -- means that the City shall proceed with the
next scheduled activity consistent this Order
(including the approved Deliverable)
b Approval with Conditions -- means that the City shall
proceed with the next scheduled activity subject to
certain required modifications or conditions set forth
in the EPA comments In its response EPA will specify
a schedule for resubmitting the Deliverable with the
required modifications or conditions as set forth in
the EPA comments and EPA will specify in writing the
required modifications or conditions If the City
fails to resubmit the Deliverable within the specified
time EPA may order the City to cease work on the
activity or any portion of it until such time as the
modification is made or the condition is met
c Disapproval with Modification Required -- means that
the City shall not proceed until it modifies the
Deliverable to correct the deficiencies delineated in
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 39
EPAs corr(ccergtsl and resubmits the Deliverable for
further EPA review Modifications may be required in
any originally-submitted Deliverable any portions of a
Deliverable or any Deliverable or portion of a
Deliverable resubmitted to EPA EPA will specify a
schedule for resubmitting any Deliverable requiring
modifications
d Disapproval with EPA Modification mdash means that EPA has
determined that it will modify the submission to cure
any deficiencies in the Deliverable andor undertake
the Work or any portion of it itself EPA will include
a brief explanation for its determination within the
Notice of Disapproval with EPA modification The City
agrees to reimburse EPA for the costs of such
modification or such Work undertaken by EPA as
Extraordinary Response Costs pursuant to and subject to
Paragraph 82 of this Order However EPA shall not
modify a submission without first providing the City at
least one notice of deficiency and an opportunity to
cure within seven (7) days of receipt of such notice
except where to do so would cause serious disruption to
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 40
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
53 Any disapproval of a Deliverable will give rise to
stipulated penalties as set out in this Order- stipulated
penalties shall accrue from the time the disapproved Deliverable
was originally due Stipulated penalties shall not be payable
however for Deliverables Disapproved with Modification Required
unless disapproval of a first resubmission is due to a material
defect In the case of Deliverables Disapproved with EPA
Modification pursuant to Paragraph 52d stipulated penalties
shall not continue to accrue after 30 days after the Deliverable
is disapproved except if the City disputes the disapproval in
which case stipulated penalties shall run in accordance with
Section XXX of this Order In the event of a disagreement over
EPAs determination concerning a Deliverable the parties shall
resolve the disagreement in accordance with the Dispute
Resolution Section (Section XXIX) of this Order A determination
of Approval or Approval with Conditions shall not be construed to
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 41
mean that EPA concurs with all conclusions methods or
statements in the Deliverables
B Deliverables Requiring Performing Respondents Certification
54 Each Deliverable requiring the Performing Respondents
Certification as specified in Attachment A of the SOW shall be
certified by the City as provided below Upon submittal to EPA
and the Maine DEP the City shall proceed with the next scheduled
activity consistent with each such Deliverable without further
notification or approval by EPA Each such Deliverable shall
include the following certification signed by the Citys Project
Coordinator
On behalf of the City for whom I have the authority to make this certification I certify to the best of my knowledge and professional judgment after appropriate inquiries of relevant persons involved in the preparation of this Deliverable that the guidance documents specified in the SOW which apply to this Deliverable were reviewed in preparation of this Deliverable I further certify that to the best of my knowledge and professional judgment this Deliverable is in accordance with the SOW and the guidance documents specified therein which apply to this Deliverable I am aware that the City may be subject to stipulated penalties for submitting a Deliverable that is not in conformance with the SOW and the guidance documents specified therein which apply to this Deliverable
55 EPA at its discretion may provide comments to the
City concerning any Deliverable requiring the Performing
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Suparfund Site Page 42
Respondents Certification and after reasonable opportunity for
review and comment by the State may disapprove the Deliverable
and notify the City of deficiencies in writing Upon receipt of
a notice of disapproval with deficiencies the City shall suspend
performance of all action required by the Deliverable and shall
correct the deficiencies and resubmit the Deliverable within
thirty (30) days or such other time period specified by EPA in
the notice of disapproval Notwithstanding a notice of
disapproval the City shall proceed to take any action required
by any non-deficient portion of the Deliverable If EPA
disapproves the Deliverable as resubmitted the City shall be in
violation of the Order and the provisions of Section XXX
(Stipulated Penalties) shall apply
XV MONTHLY PROGRESS REPORTS AND MEETINGS
56 The City shall provide monthly written progress reports
(Progress Reports) to EPA and the Maine DEP as specified in
the SOW Meetings between the RPM the Maine DEP the RPC and
the Consultant may be held at least once per month at the EPA
office in Boston unless EPA designates another location or
determines that a monthly meeting is not required for a
particular month The City id the Consultant and contractor
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 43
engaged to perform the Work under this Order shall also meet with
and make formal presentations to EPA at the completion of major
components of the Removal Action as specified by the EPA RPM
After completion of all construction activities the City may
upon EPA approval reduce the frequency of submission of the
monthly Progress Reports
57 The City shall submit in its monthly progress reports a
summary of results of sampling andor tests and other data
generated by the City by its Consultant and contractor or on
the Citys behalf in the course of implementation of the Order
The City shall furnish the full results and any underlying
documentation to EPA upon request
XVI QUALITY ASSURANCEQUALITY CONTROL
HEALTH AND SAFETY COMPLIANCE
58 While conducting sample collection sample analysis
and construction activities required by this Order the City
shall use quality assurance quality control and chain of
custody procedures in accordance with EPAs Interim Guidelines
and Specifications for Preparing Quality Assurance Project Plan
(December 1980 QAMS-00580) Data Quality Objective Guidance
(EPA540G87003 and 004) subsequent amendments to such
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 44
guidelines the Quality Assurance Project Plan (QAPP) approved
under the RIFS Order and additional quality assurance
procedures for construction activities required in the SOW
59 The City shall prepare a Health and Safety Plan as
required and described in the SOW The Health and Safety Plan
shall be consistent with and implement standards promulgated by
the Secretary of Labor pursuant to CERCLA and Section 6 of the
Occupational Safety and Health Act of 1970
XVII SPLIT SAMPLING
60 At the request of EPA or the Maine DEP the City shall
provide split or duplicate samples to EPA and the Maine DEP or
their authorized representatives of any samples collected by the
City pursuant to the implementation of this Order Similarly
the City shall allow such split or duplicate samples to be taken
by EPA the Maine DEP andor their authorized representatives
The City shall notify EPA and the Maine DEP not less than thirty
(30) days or such lesser time as approved by the EPA RPM in
advance of any sample collection activity Not less than twenty-
one (21) days in advance of sample collection or such lesser
time as approved by the RPM the City shall notify EPA and the
Maine DEP of the sampling date sampling media and the number of
Administrative Order By Convent for Removal Action Saco Hunicipal Landfill Superfund Site Page 45
samples from each media EPA and the Maine DEP shall conduct any
sampling activities in a reasonable manner Upon request EPA
and the Maine DEP shall allow the City to take split or duplicate
samples of any samples they collect as part of their oversight of
the Citys implementation of the Work
XVIII RECORD PRESERVATION
61 During the pendency of this Order and for a period of
not less than six (6) years after EPA approval of the Final
Completion of Removal Action Report the Respondents shall
preserve all records and documents in their possession which
relate in any way to the performance of activities required under
this Order notwithstanding any document retention policy to the
contrary provided that this Paragraph shall not apply to copies
of documents that are generated by the City EPA or the State of
Maine related to this Order that are in the custody of any Non-
Performing Respondent This Paragraph does not alter the
document retention requirements of the RIFS Order and the Cost
Recovery Administrative Agreement The City shall instruct its
consultants contractors and agents to preserve all records and
documents in their possession which relate to the performance of
the activities required under this Order At the conclusion of
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 46
this document retention period the Respondents shall notify JlPA
and the Maine DEP at least ninety (90) days prior to the
destruction of any such records or documents The Respondents
shall send such notice accompanied by a copy of this Order to
Office of Regional Counsel US Environmental Protection Agency JFK Federal Building Boston MA 02203 Attention Saco Municipal Landfill Superfund Site Re Administrative Order by Consent for Removal Action
and Wilkes Harper Maine DEP Bureau of Remediation and Waste Management 17 State House Station Augusta ME 04333-0017
Upon request by EPA the Respondents shall deliver to EPA any or
all such non-privileged records and documents or copies of any
such non-privileged records and documents The Settling Parties
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 Parties
assert such a privilege they shall provide the EPA with the
following (l) the title of the document record or
information (2) the date of the document record or
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 47
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 Parties However no documents reports or other
information created or generated to meet the requirements of the
Order shall be withheld on the grounds that they are privileged
If EPA does not elect to take delivery of any records or
documents or copies thereof upon request by the Maine DEP the
Respondents shall deliver the requested records and documents or
copies thereof to the Maine DEP If neither EPA nor the Maine
DEP elect to take delivery of any records documents or copies
within 90 days of notice to EPA and the Maine DEP the
Respondents may destroy such records or documents as noticed
XIX CONFIDENTIALITY CLAIMS
62 The City may assert a confidentiality claim if
appropriate covering all or part of the information requested by
this Order pursuant to 40 CFR sect 2203(b) Such an assertion
shall be adequately substantiated when it is made Neither
analytical data nor any information specified in Section
104(e)(7)(F) of CERCLA shall be claimed as confidential by the
Administrative Order By Consent for Removal Action Sm -o Municipal Landfill Suprfund Site Page 48
City Information in EPAs custody which is determined to be
confidential by EPA shall be afforded the protection specified by
40 CFR Part 2 Subpart B and Section 104(e)(7) of CERCLA
Information in MEDEPs custody which is determined to be
confidential by EPA shall be afforded the protection specified by
40 CFR Part 2 Subpart B to the extent provided by applicable
Maine law If no such claim accompanies the information when it
is submitted to EPA and the Maine DEP it may be made available
to the public by EPA and the Maine DEP without further notice to
the City
XX SITE ACCESS
63 The City shall grant access to the Site to EPA and the
Maine DEP and their officers employees agents contractors
consultants and other authorized representatives for purposes of
implementing and monitoring work to be performed urder this
Order during field activities and at all other reasonable times
64 To the extent access to use or ownership of or
easements over property other than the Site is required for the
proper and complete implementation of this Order the City shall
use i_3 best efforts to obtain site access agreements or other
interests in such property within ninety (90) days after the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 49
Orders effective date or within forty-five (45) days of when
EPA and the Maine DEP determine that such access or other
interests become necessary if EPA and Maine DEP first determine
that such access or other interests are necessary after the
effective date of this Order For purposes of this Paragraph
best efforts include but are not limited to providing
reasonable consideration in exchange for access to or other
interests in property
65 Such written access agreements or other interests
obtained pursuant to the preceding Paragraph shall at a minimum
allow the Citys authorized representatives and EPA and the
Maine DEP and their officers employees agents contractors
consultants and other authorized representatives to enter freely
and move about the property during field activities and at all
other reasonable times in order to implement and oversee the
implementation of the Work under this Order consistent with the
other provisions of this Order In the event that the City fails
to obtain any necessary access agreements or other interests
within the time period specified above the City shall notify EPA
and the Maine DEP in writing within five (5) days thereafter
Such notification shall include a description of the efforts made
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 50
by the City to obtain the necessary access and other interests
and the reason for its lack of success The City shall reimburse
EPA for the costs of any action necessary to obtain access as
Extraordinary Response Costs pursuant to and subject to the terms
of Paragraph 82
XXI ENDANGERMENT AND EMERGENCY RESPONSE
66 Upon the occurrence of any event or change of
conditions during implementation of this Order that causes or
threatens any release of hazardous substances pollutants or
contaminants from the Site that endangers the public health
welfare or the environment the City shall immediately take all
appropriate action to prevent abate or minimize such release or
endangerment The City shall also orally notify the EPA and
Maine DEP RPMs within twenty-four (24) hours or in the event of
the EPA RPMs unavailability shall notify within the same period
the Regional Duty Officer of the Emergency Planning and Response
Branch EPA Region I telephone (617) 223-7265 The City shall
act in accordance with all applicable provisions of the Health
and Safety Plan prepared pursuant to the Statement of Work
67 The City shall submit a written report to EPA and the
Maine DEP within seven (7) days after each such event setting
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 51
forth (i) the events that have occurred (ii) the measures caken
and to be taken to mitigate any harm caused or threatened by the
event and (iii) the measures taken and to be taken to prevent
the recurrence of such an event
68 Regardless of whether or not such a report is made to
EPA if EPA determines after reasonable opportunity for review
and comment by the Maine DEP to the extent time permits that
activities in compliance or noncompliance with this Order have
caused or may cause a release of a hazardous substance pollutant
or contaminant that endangers the public health or welfare or the
environment EPA may (i) order the City to stop further
implementation of this Order for such period of time as may be
needed to abate such release or threat (ii) instruct the City to
undertake any action which EPA determines is necessary to abate
such a release or threat andor (iii) undertake any action not
inconsistent with the NCP which EPA determines is necessary to
abate such a release or threat
69 In the event that EPA takes action at the Site to remedy
such a release threat of release or endangerment the City
shall reimburse EPA for the costs of such action not inconsistent
with the NCP as Extraordinary Response Costs pursuant to and
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 52
subject to the terms of Paragraph 82 In the event of a
disagreement between the City and EPA andor the Maine DEP under
this Paragraph the parties shall resolve such dispute in
accordance with the Dispute Resolution provisions in Section
XXIX
XXII ADDITIONAL RESPONSE ACTIONS
70 EPA after reasonable opportunity for review and
comment by the Maine DEP may determine that additional response
actions are necessary to carry out the Removal Action or to meet
the performance standards specified in the Action Memorandum and
the SOW Within 30 days of the Citys receipt of notice from EPA
that additional response actions are necessary (or such longer
time as may be specified by EPA) the City shall submit for EPA
approval after reasonable opportunity for review and comment by
the Maine DEP a work plan for the additional response actions
The plan shall conform to this Order the SOW CERCLA the NCP
and guidance documents identified by EPA Upon EPA approval of
the work plan pursuant to Section XIV (Deliverables Submitted to
EPA) the City shall implement the work plan for additional
response actions in accordance with the schedule contained
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 53
therein All applicable provisions of this Order shall apply to
the performance of additional response actions
71 The City may independently propose that additional
response actions are necessary to carry out the Removal Action or
to meet the performance standards specified in the Action
Memorandum and the SOW In the event EPA after reasonable
opportunity for review and comment by the Maine DEP accepts the
Citys proposal the procedures in the preceding Paragraph shall
govern
72 The City may invoke the procedures set forth in Section
XXIX (Dispute Resolution) to dispute EPAs determination that
additional response actions are necessary to carry out the
Removal Action or to meet the performance standards specified in
the SOW
XXIII OFF-SITE POLICY
73 All hazardous substances pollutants or contaminants
removed off-site pursuant to this Order for treatment storage
or disposal shall be treated stored or disposed of at a
facility in compliance with Section 121(d)(3) of CERCLA as
determined by EPA in accordance with 40 CFR sect 300440 The
removal treatment storage and disposal of all hazardous
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 54
substances pollutants or contaminants she- be in accordancj
with the Maine hazardous waste transportation law to the extent
applicable and all other applicable Maine law
74 The City shall prior to any off-site shipment of
hazardous substances pollutants or contaminants from the Site
pursuant to this Order to an out-of-state waste management
facility provide written notification of such shipment to the
appropriate state environmental official in the receiving
facilitys state and to the EPA RPM and the Maine DEP 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 or where the Maine Hazardous Waste
Management Regulations do not require notification
75 The City shall include in the written notification the
following information (1) the name and location of the facility
to which the hazardous substances pollutants or contaminants
are to be shipped (2) the type and quantity of the hazardous
substances pollutants or contaminants to be shipped (3) the
expected schedule for the shipment and (4) the method of
transportation The City shall notify the state in which the
planned receiving facility is locat d of major changes in the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 55
shipment plan such as a decision to ship the hazardous
substances pollutants or contaminants to another facility within
the same state or to a facility in another state
XXIV OTHER APPLICABLE LAWS
76 Except as otherwise provided pursuant to the next
Paragraph and Section 121(e) of CERCLA all activities undertaken
by the City pursuant to this Order shall be performed in
accordance with the requirements of all applicable federal and
state laws and regulations
77 Solely with regard to on-site activities and in
accordance with 40 CFR sect 300415(i) such activities
undertaken on the Site by the City pursuant to this Order shall
attain applicable or relevant and appropriate requirements
(ARARs) under federal and state environmental laws to the
extent practicable considering the exigencies of the situation
as determined by EPA EPA has determined that the ARARs
specified in the Action Memorandum are practicable to attain for
construction of the landfill cap and sediment removal
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 56
XXV COMMUNITY RELATIONS
78 EPA shall be responsible for preparing a Community
Relations Plan and conducting a community relations program The
City and the Consultant engaged to conduct the Removal Action
under this Order shall consistent with the Community Relations
Plan (i) attend and participate in public meetings regarding
the Site to the extent specified by the RPM (ii) prepare fact
sheets concerning the Site and activities conducted under this
Order for submission to the RPM and (iii) provide timely and
appropriate responses to inquiries from the public at the request
of the RPM
XXVI FINANCIAL ASSURANCE INSURANCE
79 Within thirty (30) days after the effective date of
this Order and annually thereafter until EPA approval of the
Final Completion of Removal Action Report the City shall
demonstrate in writing to EPA that it meets one (1) of the
financial assurance mechanisms specified in 40 CFR sect 264143
for the estimated $60 million cost of work to be performed by
the City under this Order If the City can show that the
estimated cost to complete the remaining Work has diminished
below the total estimated cost of the Work the City may on any
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 57
anniversary date of the effective date of this Order or at any
other time agreed to by the Parties reduce the amount of the
financial assurance provided under this Section to the estimated
cost of the remaining Work to be performed The City shall
submit a proposal for such reduction to EPA and the Maine DEP in
accordance with the requirements of this Section and may reduce
the amount of the assurance upon approval by EPA after reasonable
opportunity for review and comment by the Maine DEP In the
event of a dispute the City may reduce the amount of the
assurance in accordance with the final administrative decision
resolving the dispute under the Dispute Resolution Section
80 At least seven (7) days prior to commencing any on-site
work under this Order the City shall secure through itself or
its consultant and shall maintain for the duration of this
Order comprehensive general liability and automobile insurance
with limits of two (2) million dollars combined single limit
The United States and the Maine DEP shall each be named as an
additional insured for all such insurance policies except
automobile insurance policies Within the same time period the
City shall provide EPA and the Maine DEP with certificates of
such insurance and a copy of each insurance policy If the City
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 58
demonstrates to EPA that any Consultant contractor or
subcontractor maintains insurance equivalent to that described
above or insurance covering the same risks but in a lesser amount
and with EPA and the Maine DEP named as insureds then the City
need provide only that portion of the insurance described above
which is not maintained by the Consultant contractor or
subcontractor
81 For the duration of this Order the City shall satisfy
or shall ensure that its Consultant contractors and
subcontractors satisfy all applicable laws and regulations
regarding workers compensation insurance for all persons
performing the Work on behalf of the City in furtherance of this
Order
XXVII REIMBURSEMENT OF EPA EXTRAORDINARY RESPONSE COSTS
82 The City shall reimburse the Hazardous Substances
Superfund for all Extraordinary Response Costs not inconsistent
with the NCP including interest incurred after the effective
date of this Order by the United States in connection with the
Removal Action or the implementation of this Order pursuant to
Paragraphs 52d 65 69 102 and 104 including without
limitation Extraordinary Response Costs incurred by EPA under or
Administrative Order By Connent for Removal Action Saco Municipal Landfill Superfund Site Page 59
in connection with a contract or arrangement between EPA and a
qualified person to assist EPA in conducting activities required
under this Order pursuant to Paragraphs 52d 65 69 102 and
104 Reimbursable Extraordinary Response Costs shall include all
direct costs related to Paragraphs 52d 65 69 102 and 104 and
all indirect costs related to Paragraphs 52d 65 69 102 and
104 calculated in accordance with EPA policy or EPA regulations
in effect at the time that the costs are incurred including
without limitation time and travel costs of EPA personnel
contractor costs costs under a cooperative agreement costs
related to resolving disputes which arise under this Order
related to Work performed by EPA pursuant to Paragraphs 52d 65
69 102 and 104 enforcing obligations arising from EPAs
performance of Work pursuant to Paragraphs 52d 65 69 102 and
104 of this Order the costs of doing andor redoing any of the
Citys obligations under this Order with respect to Paragraphs
52d 65 69 and 102 of this Order EPA contractor and
cooperative agreement costs related to access and community
relations with respect to Paragraphs 52d 65 69 102 and 104
of this Order and any interest that accrues from the date on
which payment becomes due pursuant to the next Paragraph
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 60
83 On an annual basis EPA will submit to the City an
accounting of costs related to this Order that EPA has incurred
and a bill for Extraordinary Response Costs incurred by EPA with
respect to Paragraphs 52d 65 69 102 and 104 of this Order if
EPA has incurred any such costs This bill will consist of a
line-item summary of costs incurred during the preceding year
the summary will include a breakdown of costs by category
including without limitation payroll travel indirect costs and
contracts and a brief narrative of work related to such costs
(generally one to two paragraphs in length) The City shall
within thirty (30) days after receipt of each such bill remit a
certified check payable to the Hazardous Substances Superfund for
the amount of such bill The City shall include the name of the
Site the Site identification number (01-B9) and the docket
number for this Order on the check and mail the check with a
cover letter to
US Environmental Protection Agency Region I
Attn Superfund Accounting PO Box 360197 M
Pittsburgh PA 15251
A copy of the transmittal letter and the check shall be provided
simultaneously to the EPA Remedial Project Manager
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 61
84 If the City disputes a bill or any portion of a bio1
submitted by EPA the City may initiate dispute resolution
pursuant to the procedures of Section XXIX provided however
that the City notify EPA in writing within thirty (30) days after
receipt of the disputed bill and that the City pay all undisputed
portions of the bill in accordance with the provisions of this
Reimbursement Section Unless a determination is made under
dispute resolution that the City is not obligated to pay the
disputed portion of the bill the time for payment of the
disputed portion shall remain the original payment due date
interest shall accrue on any unpaid portion of the bill from the
original payment due date and EPA may seek stipulated penalties
or otherwise act to enforce the Citys compliance with this
Section and the Order If the City fails to raise a dispute
within thirty (30) days of its receipt of the bill the City
remains obligated for payment of the entire amount of the bill on
the original payment due date interest shall accrue on any
unpaid portion of the bill from the original payment due date
and EPA may seek stipulated penalties or otherwise act to enforce
the Citys compliance with this Section and the Order
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 62
XXVIII FORCE MAJEPRE
85 With respect to the Citys compliance with any deadline
for performance of activities under this Order any interim or
final time deadline or any Deliverables schedule set forth in
this Order or SOW no stipulated penalties or other sanctions
will be imposed for delay directly caused by the following events
which could not have been overcome by the Citys due diligence
(i) an act of God or (ii) the public review and comment process
as described in or required by Sections XXII (Additional Response
Actions) or Section XXV (Community Relations) of this Order so
long as the City timely submits all deliverables and meets other
requirements related to those Sections or (iii) any other event
arising from causes beyond the control of the ity including its
consultants contractors and agents However increases in the
cost of performance of the Removal Action shall not excuse
compliance or affect the applicability of the penalty provisions
or other sanctions which are provided for under this Order
Deadlines for performance of activities under this Order
including interim or final time deadlines and Deliverables
schedules set forth in this Order or SOW may be extended only to
the extent that delays caused by conditions specified in (i)
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 63
(ii) and (iii) above materially interfered with or prevented the
Citys execution of its responsibilities during the period of
such delay and no penalties or sanctions will become due for
activities which meet any deadline so extended The City further
agrees to use its most diligent efforts to minimize any delay
which may result The City acknowledges that it will have the
burden of justifying the rationale for delay in performance under
this Section
86 The City shall orally notify the EPA RPM and the Maine
DEP within forty-eight (48) hours of when the City first knew
that the event might cause a delay and shall identify with
specificity the cause of such delay and the estimated duration of
such delay Within seven (7) days after the City first becomes
aware that such event might cause a delay the City shall supply
to EPA and the Maine DEP in writing an explanation of the
cause(s) of any actual or expected delay or noncompliance the
anticipated duration of any delay the measures taken and to be
taken by the City to prevent or minimize the delay or correct the
noncompliance and the timetable for implementation of such
measures Failure to notify EPA and the Maine DEP shall result
in a waiver of the Citys right to assert that the delay should
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 64
be excused under the terms of this Section for the period of time
of such failure to notify and for any additional delay caused by
such failure The City shall be deemed to know of any
circumstance of which the City any entity controlled by the
City or the Citys contractors or subcontractors knew or should
have known In the event of a disagreement under this Section
the parties shall resolve such disagreement in accordance with
the Dispute Resolution Section of this Order Section XXIX
87 If EPA after reasonable opportunity for review and
comment by the Maine DEP determines that a delay in performance
of a requirement under this Order is or was attributable to an
event specified in (i) through (iii) of Paragraph 85 above the
time period for performance of that requirement shall be extended
by EPA to the extent necessary Such an extension shall not
alter the Citys obligation to perform or complete other tasks
required by the Order which are not directly affected by the
force majeure event If EPA after a reasonable opportunity for
review and comment by the Maine DEP does not agree that the
delay or anticipated delay has been or will be caused by such
an event EPA will notify the City in writing of its decision
If EPA after a reasonable opportunity for review and comments by
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 65
the Maine DEP agrees that the delay is attributable to such an
event EPA will notify the City in writing of the length of the
extension if any for performance of the obligations affected by
the event
XXIX DISPUTE RESOLUTION
88 If the City objects to any EPA notice of disapproval or
decision made pursuant to this Order including any decision
which has resulted in the assessn it of stipulated penalties any
scheduling matter or in the event of circumstances that arise
that are subject to the Citys right to invoke Dispute Resolution
elsewhere in this Order or in the Cost Recovery Administrative
Agreement the City shall notify EPA and the Maine DEP in writing
of its objections within five (5) days of receipt of the notice
decision or other circumstance EPA in consultation with the
Maine DEP and the City shall communicate on the disputed matter
and shall have fourteen (14) days from the receipt by EPA and the
Maine DEP of the notification of objection to reach agreement
If agreement cannot be reached on any issue within this fourteen
(14) day period the City shall have five (5) additional days to
submit its position in writing to the EPA Director of OSRR The
Director of OSRR after reasonable opportunity for review and
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 66
comment by the Maine DEP shall provide a written determination
to the City within five (5) days of receipt of that
determination unless EPA agrees to a later time the City shall
initiate implementation of the activities required by the EPA in
accordance with the schedule provided by EPA which schedule
shall be subject to Dispute Resolution unless it has already
been or could have been subject to Dispute Resolution Except
as specifically provided herein dispute resolution among the
parties shall not be cause for the delay of the Work In
addition stipulated penalties as set out below if applicable
will continue to accrue during the dispute resolution period
except as provided in Paragraphs 94 and 95 No EPA decision made
pursuant to this Paragraph shall constitute a final Agency action
giving rise to judicial review
89 In the event that the City does not implement the
activities required by the EPA determination pursuant to
Paragraph 88 EPA or the Maine DEP may take such enforcement
actions against the City as may be provided by statutory or
equitable authorities including but not limited to the
assessment of such civil penalties or damages as are authorized
by Sections 122 and 109 of CERCLA and Maine law
Administrative Order By Conaent for Removal Action Saco Municipal Landfill Superpoundund Site Page 67
XXX STIPULATED
90 The Respondents shall be liable to EPA and MEDEP for
stipulated penalties in the amounts set forth in this Section for
failure to comply with the requirements of this Order andor the
SOW unless compliance is excused by EPA under Section XXVIII
(Force Majeure) Compliance by the City shall include but not
be limited to the timely and adequate submission of Deliverables
and performance of activities under this Order in accordance with
all applicable requirements of law this Order the SOW and any
Deliverables which have received EPA Approval or the Performing
Respondents Certification pursuant to this Order Compliance
by the Non- Per forming Respondents shall mean timely compliance
with Paragraph 96 of this Order
91 The following stipulated penalties shall be payable per
violation per day to EPA and MEDEP jointly in accordance with
Paragraph 94 for any noncompliance except those identified in
Paragraphs 92 or 93
Penalty Pet Violation Period of Noncompliance Per Day _
$ 750 1st through 14th day $ 1500 15th through 30th day $ 3000 31st day and beyond
Administrative Order By Concent for Removal Action Saco Municipal Landfill Superfund Site Page 66
92 The following stipulated penalties shall be payable per
violation per day to EPA and the MEDEP jointly in accordance with
Paragraph 94 for the submission or resubmission of an untimely or
substantially defective 100 NTCRA Design or an untimely or
substantially defective Final Completion of Removal Action Report
pursuant to the SOW
Penalty Per Violation Period of Toncompliance Per Day
$ 1500 1st through 14th days $ 3000 15th day through 30th day $ 5000 31st day and beyond
93 In the event that the City fails to submit timely or
adequate progress reports or meeting letter reports pursuant to
the SOW the City shall be liable to EPA and MEDEP jointly in
accordance with Paragraph 94 for stipulated penalties of $500
(five hundred dollars) per violation per day
94 Penalties shall begin to accrue on the day after
performance 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 except that
stipulated penalties shall not accrue (1) with respect to any
Disapproval with Modification Required or Disapproval with EPA
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 69
Modification under Section XIV of this Order during the period
if any beginning on the 31st day after EPAs receipt of such
submission until the date that EPA notifies the City of any
deficiency (2) with respect to a decision by the Director of the
Office of Site Remediation and Restoration under Section XXIX of
this Order during the period if any beginning on the 21st day
after the date the Citys reply to EPAs Statement of Position is
due until the date the Director issues a final decision regarding
such dispute and (3) beyond thirty days after the Director of
the Office of Site Remediation and Restoration issues a final
decision regarding a dispute about a Deliverable Disapproved with
EPA Modification pursuant to Paragraph 52d Any penalty
otherwise accruing under Paragraphs 91 92 or 93 shall be due and
payable within thirty (30) days of the receipt of a written
demand by EPA or the Maine DEP except as provided in aragraph
95 In assessing stipulated penalties for delay caused by a
negative referendum vote on future funding necessary for timely
compliance with this Order EPA and Maine DEP shall weigh all
considerations including the length of the delay caused by the
vote and efforts by City officials to inform the voters about
the need for funding- provided however that a negative
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 70
referendum vote on funding necessary for timely compliance with
this Order shall not affect the Citys obligations to comply with
this Order or any schedule contained herein Stipulated
penalties shall be divided between EPA and the Maine DEP in the
following manner 75 for EPA and 25 for the Maine DEP
Payment of EPAs portion of such penalty shall be made by
certified check payable to the Hazardous Substances Superfund
and mailed to the following address with a notation of the docket
number of this Order
Region I US Environmental Protection Agency
Attn Superfund Accounting PO Box 360197 M
Pittsburgh PA 15251
A copy of the certified check to EPA shall be sent to the
Remedial Project Manager within five (5) days of payment
Payment of the Maine DEPs portion of such penalty shall be made
by certified check payable to the Maine Uncontrolled Sites Fund
and mailed to the following address
Director Division of Sites Investigation amp Remediation Maine DEP
State House Station 17 Augusta ME 04333
Administrative Order By Concent for Removal Action Saco Municipal Landfill Superfund Site Page 71
A copy of the certified check to the Maine DEP shall be sent to
the Maine DEP Project Manager within five (5) days of payment
The stipulated penalties set forth in this Section do not
preclude EPA or the Maine DEP from electing to pursue any other
remedies or sanctions which may be available to EPA or the Maine
DEP by reason of the Respondents failure or refusal to comply
with any requirement of this Order Such remedies and sanctions
include without limitation injunctive relief the assessment of
such civil penalties or damages as are authorized by Sections 122
and 109 of CERCLA or state law or the performance of a
federally-funded response action or state-funded response action
and a corresponding suit for reimbursement of costs incurred by
the United States or the State of Maine Notwithstanding any
other provision of this Section EPA may in its unreviewable
discretion waive any portion of stipulated penalties that have
accrued pursuant to this Order
95 If the City invokes dispute resolution regarding any
decision which has resulted in the assessment of stipulated
penalties stipulated penalties shall continue to accrue during
the dispute resolution process except as otherwise provided in
this Order Within thirty (30) days after receipt of the EPA
Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 72
determination rendered pursuant to Paragraph 88 in which EPA
prevails in whole or in part the City shall pay pursuant to
Paragraph 94 the stipulated penalties arising from those matters
on which the City does not prevail At that time the City shall
also pay interest on any stipulated penalties which had accrued
up to the day the City invoked Dispute Resolution If the City
prevails on the disputed matter then no stipulated penalties are
due
XXXI PAYMENT BY NON-PERFORMING PARTIES
96 By May 30 1997 each Non-Performing Respondent shall
pay its individual share of the total sum of $97050000 into a
qualifying settlement fund for the City to use to undertake
response activities related to the Site Payment shall be made
by certified check payable to KeyBank National Assoc (Attn
Leon J Bien) Escrow Agent and mailed with a transmittal letter
to the following address
KeyBank National Association Escrow Agent One Canal Plaza Portland Maine 04101
Attn Mr Leon J Bien
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 73
Non-Performing Respondents shall provide notice of such payment
to EPA by mailing a copy of the transmittal letter and check to
the EPA RPM at the address set forth in Section XI of this Order
XXXII CIVIL PENALTIES FOR NONCOMPLIANCEENFORCEMENT
97 The City is advised that violations of this Order or
any portion thereof may subject it to civil penalties of up to
$25000 per violation and $25000 for each day in which such
violation continues as provided in Sections 106(b)(1) 109 and
122 of CERCLA 42 USC sectsect 9606(b)(l) 9609 and 9622 The City
may also be subject to damages in an amount up to three times the
amount of any cost incurred by the United States as provided in
Section 107(c)(3) of CERCLA 42 USC sect 9607(c)(3) Violations
of this Order also may subject the City to civil penalties
injunctive actions and cost reimbursement under Maine law
including without limitation 38 MRSA Sections 347-A 348
349 1365 1366 and 1367 (1989 and Supp 1997)
XXXIII COVENANT NOT TO SUE DENIAL OF LIABILITY
98A In consideration of the actions that will be
performed and the payments that will be made by the Respondents
under the terms of this Order and except as specifically
provided in Section XXXV of this Order EPA covenants not to sue
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 74
or to take administrative action against the Respondents pursuant
to Sections 106 and 107(a) of CERCLA or Section 7003 of RCRA for
the Work this Order including performance of the Removal
Action and for recovery of all Extraordinary Response Costs
associated with this Order incurred by EPA and paid by the City
With respect to the City these covenants not to sue shall i)
take effect for Work completed prior to EPAs approval of the
Completion of Removal Action Report upon notification by EPA that
the City has completed all construction activities required under
this Order and the City has submitted and EPA has approved the
Completion of Removal Action Report and ii) take effect for Work
completed after EPAs approval of the Completion of Removal
Action Report upon notification by EPA that the City has
completed all actions required under this Order (including all
Post-Removal Site Control and reimbursement of Extraordinary
Response Costs) These covenants not to sue shall take effect
with respect to the Non-Performing Respondents upon notification
by the Non-Performing Respondents that they have complied with
Paragraph 96 of this Order These covenants not to sue are
conditioned upon the satisfactory performance by the Respondents
of their respective obligations under this Order These
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 75
covenants not to sue extend only to the Respondents and do not
extend to any other person Under this Order Respondents are
not released from liability if any for any actions taken beyond
the terms of this Order regarding other removal actions remedial
investigationfeasibility studies related to any other operable
unit remedial designremedial action related to any other
operable unit operation and maintenance of any other remedial
action or activities arising pursuant to Section 121(c) of
CERCLA 42 USC sect 9621(c)
B In consideration of the actions that will be performed
and the payments that will be made by the Respondents under the
terms of this Order and except as specifically provided in
Section XXXV of this Order the State of Maine covenants not to
sue or to take administrative action against the Respondents
pursuant to Section 107(a) Of CERCLA 38 MRSA Sections 1304
and 1365 (1989 and Supp 1997) and other applicable state law
including common law for the Work this Order including
performance of the Removal Action the RIFS Order and the
activities thereunder and for recovery of all response costs
associated with this Order fully addressed by an EPA cooperative
agreement and any grants or payments made by the State to the
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Superfund Site Page 76
City to reimburse the City for landfill capping costs and
including all activities required to be performed and costs
related thereto under Prior MEDEP Orders and Consent Decrees to
the extent that they are inconsistent with this Order and any
such Prior MEDEP Orders and Consent Decrees are hereby superseded
to the extent that they are inconsistent with this Order With
respect to the City these covenants not to sue shall i) take
effect for Work completed prior to EPAs approval of the
Completion of Removal Action Report upon notification by EPA that
the City has completed all construction activities required under
this Order and the City has submitted and EPA has approved the
Completion of Removal Action Report and ii) take effect for Work
completed after EPAs approval of the Completion of Removal
Action Report upon notification by EPA that the City has
completed all actions required under this Order (including all
Post-Removal Site Control and reimbursement of Extraordinary
Response Costs) These covenants not to sue shall take effect
with respect to the Non-Performing Respondents upon notification
by the Non-Performing Respondents that they have complied with
Paragraph 96 of this Order These covenants not to sue are
conditioned upon the satisfactory performance by the Respondents
Administrative Order By Consent for Removal Action Saeo Municipal Landfill Superfund Site Page 77
of their respective obligations under this Order These
covenants not to sue extend only to the Respondents and do not
extend to any other person Under this Order Respondents are
not released from liability if any for any actions taken beyond
the terms of this Order regarding other removal actions remedial
investigationfeasibility studies related to any other operable
unit remedial designremedial action related to any other
operable unit or operation and maintenance of any other remedial
action
99 The execution of this Order and Respondents
participation herein is not an admission by the Respondents of
liability with respect to any issue dealt with in this Order nor
is it an admission by the Respondents of any Finding of Fact
Conclusion of Law or Determination contained in this Order
Furthermore the participation of Respondents in this Order shall
not be considered an admission of liability and is not admissible
in evidence against the Respondents in any judicial or
administrative proceeding other than (a) a proceeding by the
United States including EPA or the State of Maine including
the Maine DEP to enforce this Order or a judgment relating to
it or (b) a proceeding to enforce any agreement between the
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 78
Performing Respondent and Non-Performing Respondents regarding
the Site or to enforce a judgment related to such agreement
XXXIV CONTRIBUTION PROTECTION
100 With regard to claims for contribution against the
Respondents the Parties hereto agree that the Respondents are
entitled to such protection from contribution actions or claims
as is provided by Section 113(f)(2) of CERCLA 42 USC
sect 9613 (f) (2) and 38 MRSA sect 348(4) for all matters
addressed by this Order The matters addressed are Past
Response Costs RIFS Response Costs Response Costs Oversight
Costs Extraordinary Response Costs all costs incurred by the
State of Maine related to Prior MEDEP Orders and Consent Decrees
for which reimbursement may be sought payments pursuant to
Paragraph 96 and Work The Parties agree that the Respondents
are entitled to such protection upon the effective date of this
Order Nothing in this Order precludes the United States the
Maine DEP or Respondents from asserting any claims causes of
action or demands against any persons not parties to this Order
for indemnification contribution or cost recovery
XXXV EPAS AND THE STATES RESERVATION OF RIGHTS
101 A The covenants not to sue set forth in Section
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 79
XXXIII do not pertain to any matters other r n these expressly
specified in that Section EPA reserves and this Order is
without prejudice to all rights against each Respondent with
respect to all other matters including but not limited to the
following
a claims based on a failure by any Respondent to meet any
requirement specified for that Respondent under this Ordershy
b liability arising from the past present or future
disposal release or threat of release of hazardous
substances pollutants or contaminants outside of the Site
c liability arising from future disposal at the Site other
than as provided in the Action Memorandum or this Order or
otherwise ordered by EPA
d liability for damages for injury to destruction of or
loss of natural resourcesshy
e liability for response costs that have been or may be
incurred by the National Oceanic and Atmospheric
Administration and the Department of the Interiorshy
f criminal liability
g liability for violations of federal or state law which
occur during or after implementation of the Removal Actionshy
Administrative Order By Conaent for Removal Action Saco Municipal Landfill Superfund Site Page 80
h liability for response costs incurred at the Site which
are not addressed by Section XXVII of this Order
(Reimbursement of EPA Extraordinary Response Costs) or by
the Cost Recovery Administrative Agreement (Docket No
CERCLA 1-97-1010) and
i liability for response actions at the Site that are not
required to be performed by the City pursuant to this Order
B The covenants not to sue set forth in Section XXXIII do not
pertain to any matters other than those expressly specified in
that Section The State of Maine reserves and this Order is
without prejudice to all rights against the Respondents with
respect to all other matters including but not limited to the
following
a claims based on a failure by any Respondent to meet any
requirement specified for that Respondent under this Order
b liability arising from the past present or future
disposal release or threat of release of hazardous
substances pollutants or contaminants outside of the Siteshy
c liability for damages for injury to destruction of or
loss of natural resources
d criminal liabilityshy
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 81
e liability for violations of federal or state law wh^ch
occur during or after implementation of the Removal Action
g liability for Oversight Costs incurred by the State at
the Site to the extent that they are not fully addressed by
future cooperative agreements between EPA and MEDEP and
h liability for response actions at the Site that are not
required to be performed by the City pursuant to this Order
102 EPA retains the right to undertake any obligations of
the City under this Order provided that EPA has determined that
one of the following conditions has been met the City has ceased
implementation of any portion of the Work is seriously or
repeatedly deficient or late in their performance of the Work
has failed to comply with this Order or is implementing the Work
in a manner which may cause an endangerment to human health or
the environment If EPA undertakes any obligations under this
Order pursuant to this Paragraph including implementation of
institutional controls the City must reimburse EPA for all costs
incurred as a result of the takeover that are consistent with the
NCP as Extraordinary Response Costs The City may invoke the
procedures set forth in Section XXIX (Dispute Resolution) to
dispute EPAs determination that takeover of the obligations of
Administrative Order By Consent for Removal Action Slaquoco Municipal Landfill Superfund Site Page 82
the City under this Order is warranted or that the costs incurred
were consistent with the NCP
103 Notwithstanding any other provision of this Order
except as set forth in Section XXXIII (Covenant not to Sue) EPA
and the State of Maine shall retain all of their response
information gathering entry inspection and enforcement
authorities and rights under CERCLA and under any other
applicable law regulation or permit
104 The City shall reimburse EPA for costs incurred by the
United States to enforce this Order or the Cost Recovery
Administrative Agreement as Extraordinary Response Costs in
accordance with the reimbursement procedures provided by Section
XXVII (Reimbursement of Extraordinary Response Costs)
XXXVI RESPONDENTS COVENANT NOT TO SUE
105 Covenant Not to Sue Subject to the reservations in
Paragraphs 106 and 107 Respondents hereby covenant not to sue
and agree not to assert any claims or causes of action against
the United States or the State including any department agency
or instrumentality of the United States or State with respect to
this Order including but not limited to
a any direct or indirect claim for reimbursement from
Administrative Order By Conaent for Removal Action Saco Municipal Landfill Superfund Site Page 83
the Hazardous Substance Superfund (established pursuant to the
Internal Revenue Code 26 USC sect 9507) through CERCLA Sections
106(b)(2) 107 111 112 113 or any other provision of law
b any claims under CERCLA Sections 107 or 113 related
to this Order
c any claims for payment under sections 106(b) 111
and 112 of CERCLA the Constitution of the United States the
Tucker Act 28 USC sect 1491 or at common law against the State
EPA or the Hazardous Substance Superfund arising out of any
action performed under this Order any related access matters
and related institutional controls or
d any claims arising out of response activities in
connection with this Order including claims based on EPAs and
the States selection of response actions oversight of response
activities or approval of plans for such activities
XXXVII RESPONDENTS RESERVATION OF RIGHTS
106 The Respondents reserve and this Order 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 wrongful act or
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 84
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 USC sect 2671 nor
shall any such claim include a claim based on EPAs selection of
response actions or the oversight or approval of the
Respondents plans or activities The foregoing applies only to
claims which are brought pursuant to any stat- -e other than
CERCLA and for which the waiver of sovereign immunity is found in
a statute other than CERCLA
107 Except as set forth in this Order the Respondents
expressly reserve all rights and defenses that each or any of
them may have in law or in equity for any claims or causes of
action it may have against any party including the United States
and the State and their respective agencies departments and
instrumentalities Any claims not expressly waived by the
Respondents shall be deemed reserved Notwithstanding any
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 85
obligations in this Order requiring the Respondents to make any
records documents or any other materials available to EPA
nothing herein shall be construed to be a waiver of any rights
Respondents may have to assert the attorney-client privilege or
the attorney work product doctrine as to those materials except
where such materials contain information specified in section
104(e)(6)(F) of CERCLA 42 USC sect 9604(e)(6)(F)
XXXVIII OTHER CLAIMS
108 Except as expressly provided in Section XXXIII
(Covenant Not to Sue) nothing in this Order constitutes a
satisfaction of or a release from any claim or cause of action
against the Respondents or any person not a party to this Order
for any liability such person may have under CERCLA other
statutes or the common law including but not limited to any
claims of the EPA for costs damages and interest under sections
106(a) and 107(a) of CERCLA This Order does not constitute a
preauthorization of funds under section 111(a)(2) of CERCLA No
action or decision by EPA pursuant to this Order shall give rise
to any right to judicial review except as set forth in section
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 86
113(h) of CERCLA
XXXIX INDEMNIFICATION
109 The United States and the State do not assume any
liability by entering into this Order or without limitation by
virtue of any designation of the City as EPAs authorized
representative under section 104(e) of CERCLA 42 USC
sect 9604(e) The City agrees to indemnify and save and hold
harmless the United States Government the State of Maine and
their agencies departments agents officers employees and
representatives from any and all claims or causes of action
arising from or on account of negligent acts or omissions of the
City its officers employees agents servants receivers
successors trustees assignees or contractors in carrying out
the activities pursuant to this Order including but not limited
to any claims arising from any designation of the City as EPAs
authorized representative under section 104 (e) of CERCLA 42
USC sect 9604(e) Neither the United States nor the State shall
be held out as a party to or in any other way be held liable
under any contract entered into by the City or by the Consultant
or any contractor in carrying out the activities pursuant to this
Order Neither the City nor any such Consultant or contractor
Administrative Ordr By Consent for Removal Action Saco Municipal Landfill Suprfund Sit Fag 87
shall be considered an agent of the United States or the State
Notwithstanding any of the above this agreement to indemnify and
hold harmless does not include claims or causes of action arising
from or on account of acts or omissions of the United States and
its agencies departments agents officers employees and
representatives
XXXX WAIVER OF SETTLEMENT CONFERENCE
110 In consideration of the communications among the
Respondents and EPA regarding the terms of this Order prior to
its issuance the Respondents hereby agree that there is no need
for a settlement conference prior to the effective date of this
Order
XXXXI MODIFICATION OF ORDER
111 This Order with the exception of the Statement of Work
(Appendix B) or attachments or Deliverables thereunder may only
be modified upon the written agreement of EPA by signature of the
Director of the Office of Site Remediation and Restoration the
Maine DEPs Director of the Bureau of Remediation and Waste
Management and an authorized officer of each of the Respondents
The Statement of Work any attachments thereto or any accepted
Deliverables may be modified upon signature of the EPA Geographic
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 88
Section Chie subject to the Citys right to invoke Dispute
Resolution
XXXXII SEPARATE DOCUMENTS
112 This Order may be executed in two or more counterparts
each of which shall be deemed an original but all of which
together shall constitute one and the same instrument
XXXXIII EFFECTIVE DATE
113 This Order shall be effective five (5) days after the
City receives notice that the Director of the Office of Site
Remediation and Restoration has signed the Order All times for
performance of activities under this Order shall be
calculated from the effective date
XXXXIV TERMINATION
114 Prior to but no later than 180 days after the
effective date of this Order the City or EPA may terminate this
Order if the Cost Recovery Administrative Agreement is not
effective within ninety (90) days of the effective date of this
Order Notwithstanding this Paragraph the City shall complete
at least ninety-five percent (95) of the final design of the
Removal Action
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 89
IT IS SO AGREED AND ORDERED BY
Al bull Linda M Murphy D i r c to r Dat Office of Site Remediation and Restoration EPA Region I
Administrative Order By Consent for Removal Action Saco Municipal landfill Superfund Site Page 90
The undersigned representatives of the Respondents certify that they are fully authorized to enter into the terms and conditions of this Order and bind the parties they represent to this document
ROBUS LEATHER CORPORATION FKA GEORGE NEWMAN amp COMPANY SUCCESSOR BY LAW TO BIDDEFORD INDUSTRIES INC
By Thomas Robinson President and Ghiof FinancialmdashOffaooy f Robus Leather Corporation 1100 W Hutchinson Lane Madison IN 47250 Tel (812) 273-4183
TO 833388888888881 P0309 MPY 27 97 16=01 FR HflLE RND DORR LuF DC
Administrative Ordar By Consent for Removal Saco Municipal Landfill Suparfund Site Pag 91
CL HAUTHAWAY amp SONS CORPORATION
By Leppoldo ampJohnson Date CL Hautna ay amp Sons Corp 638 Summer Street Lynn MA 01905-2092
fa
Administrative Order By Consent for Removal Action Saoo Municipal Landfill Superfund Site Page 92
GABRIEL ELECTRONICS INC
By
Frank E Gemme Date President Gabriel Electronics Incorporated Libby Road PO Box 70 Scarborough ME 04070 Tel (207) 883-5161
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 93
LITTON INDUSTRIES INC
By Camp^tf-Jtae^^c^S
Carol WiesnerVice President and Controller Litton Industries Inc 21240 Burbank Boulevard Woodland Hills California 91367 Tel (818) 598-5246
May 27 1997
Date
Adni-tniBtrativc Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 94
LYN-FLEX INDUSTRIES AN UNINCORPORATED DIVISION OF DER-TEX CORPORATION
By gt 1997
Jerome Linder Date President Der-Tex Corporation 360 Merritnack Street Lawrence Massachusetts 01843 Tel (508) 686-0154
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 95
MILLIPORE CORPORATION
By At Jef frpoundy Ttyidin EsqVice President and General Counsel Millipore Corporation 80 Ashby Road Bedford MA 01730 Tel (617) 533-2044
May 21 1997 Date
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 96
NIKE INC
Coburn Date eheral Counsel Nike Inc 1 Bowerman Drive Beavertotm OR 97005-6453 Tel 503shy
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 97
ZENECA INC
61097
Glenn M Engelmann Date Vice President General Counsel and Secretary Zeneca Inc Successor to Polyvinyl Chemicals Inc
Addrespoundeneca Inc Successor to Polyvinyl Chemicals Inc
1800 Concord Pike PO Box 15438
Wilmlngotn PR
Tel(302) 886-3244
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 98
SACO DEFENSE INC
By j i e s R V i e g Date Vice Chairman Saco Defense Inc 291 North Street Saco Maine 04072 Tel (270) 283-3611
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 99
CHAMPION INTERNATIONAL CORPORATION
pound By x^gt^^w^ (- (^W^ lt May 27 1997
Stephen B Brown Date ampAVice President and General Counsel
Champion International Corporation One Champion Plaza Stamford Connecticut 06921 Tel (203) 358-6476
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 100
BEMIS COMPANY INC
By -^^lt^^^ 52297 Richard Pry^r Date Corporate Risk Manager Bemis Company Inc 222 South 9th Street Suite 2300 Minneapolis Minnesota 55402-4099 Tel (612) 376-3085
Administrative Order By Consent for Removal Action Saco Municipal Landfill Suporfund Site Page 101
CITY OF SACO MAINE
A Larry Mtcl(ell Dgfte City Administrator City of Saco 300 Main Street Saco Maine 04072 Tel (207) 282-4191
Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 102
STATE OF MAINE
By
Mark Hyland Director Date Division of Site Remediation Maine DEP State House Station 17 August Maine 04333 Tel (207) 287-7673
By Dennis Harnish Esq Date Assistant Attorney General Department of Attorney General State House Station 6 Augusta Maine 04333 Tel (207) 626-8800
APPENDIX B
Non-Time Critical Removal Action Statement of Work
Saco Municipal Landfill Superfund Site
I INTRODUCTION AND PURPOSE
This non-time-critical removal action (NTCRA) Statement of Work (SOW) defines the response activities and deliverables that the Performing Respondent shall performsubmit in order to implement the Work required under the Administrative Order on Consent for Removal Action (EPA Region I Docket No 1-97-1009) (the Order) at the Saco Municipal Landfill Site in Saco Maine (the Site) The activities described in this SOW are based upon the United States Environmental Protection Agency (EPA) Action Memorandum for the Site signed by the EPA Region I Director of the Office of Site Remediation and Restoration on September 23 1996
II DEFINITIONS
The following definitions shall apply to this SOW
A All definitions provided in Section III of the Order are incorporated herein by reference
B Design shall mean an identification of the technology to be used for the Removal Action and its performance and operational specifications in accordance with all applicable federal state and local laws including but not limited to
1 all computations used to size units determine the appropriateness of technologies and the projected effectiveness of the NTCRA
2 scale drawings of all system layouts identified above and including but not limited to excavation cross-sections and well cross-sections
3 quantitative analyses demonstrating the anticipated effectiveness of the NTCRA Design to achieve the Performance Standards
4 technical specifications which detail the following
a size and type of each major component and
b required performance criteria of each major component
5 specifications on the extent of ambient air monitoring including equipment monitor locations and data handling procedures and
6 specifications of Institutional Controls to be supplied with the construction plans and specifications
EPA Approval or EPA Review and Approval shall mean the procedures specified in Section XIVA of the Order
Institutional Controls shall mean deed restrictions access land easements and other requirements and controls developed to limit human or animal exposure to hazardous substances pollutants or contaminants andor to ensure the integrity and effectiveness of the Removal Action
Performing Respondents Certification shall mean the procedures specified in Section XIVB of the Order
III SELECTED NON-TIME-CRITICAL REMOVAL ACTION
Section VAI of the Action Memorandum specifies the NonshyTime-Critical Removal Action for the Site Based upon the Action Memorandum listed below are the components of the NTCRA which shall be performed by the Performing Respondent
bull Grading of the landfill including the consolidation of the solid waste material from adjacent to Area 1 Area 3 and Area 4
bull Identifying the solid waste boundary for Areas 3 and 4
bull Excavating contaminated sediments from a groundwater seep area and consolidating them with the waste material in landfill Area 4
- 2 shy
bull Designing and constructing a multi-layer low hydraulic conductivity cap with surface drainage controls
bull Maintaining the cap
bull Long-term monitoring of surface water sediments and groundwater
bull Post-removal site control (PRSC) of the cap The PRSC shall ensure the long-term continued effectiveness of each component of the NTCRA and
bull Implementing Institutional Controls including implementation of deed restrictions andor other controls to prohibit the future use of the Site in any manner that would compromise the integrity of the cap and its associated systems
IV PERFORMANCE STANDARDS
The Performing Respondent shall design construct operate monitor and maintain the NTCRA in compliance with this Order the SOW and the Performance Standards identified in the Action Memo
The Performance Standards for the NTCRA at the Site include
SEDIMENT EXCAVATION AND CONSOLIDATION Sediments with arsenic concentrations above 19 mgkg will be excavated from the groundwater leachate seeps adjacent to Sandy Brook The area within which the seeps are found is defined by sediment locations SD-21 and SD-25 Sediments within Sandy Brook will not be excavated as part of this removal action
CONSOLIDATION OF SOLID WASTE The solid waste outside the Area 1 Area 3 and Area 4 caps shall be consolidated under the Area 34 cap The area to be excavated and material to be consolidated was identified during the RIFS test pit program
LANDFILL CAP The landfill cap shall be designed constructed operated and maintained to meet the performance requirements of the Resource Conservation and Recovery Act (RCRA) Subtitle C regulations specified in 40 CFR sectsect 26419 264310 as applicable and 264111 and the
- 3 shy
currently promulgated final MEDEP regulations referenced in Attachment X of the Action Memo
The cap shall also be designed to meet the requirements of the following EPA and State technical guidance documenxo Final Covers on Hazardous Waste Landfills and Surface Impoundments (EPA530-SW-89-047 July 1989) Construction Quality Management for Remedial Action and Remedial Design Waste Containment Systems (EPA540R-92073 October 1992) Quality Assurance and Quality Control for Waste Containment Facilities (EPA600R-93182 September 1993) MEDEP Final Cover System Guidance Document for Municipal Solid Waste Landfill (November 1995) Stormwater Management for Maine Best Management Practices (November 1995 MEDEP) and Maine Erosion and Sediment Control Handbook for Construction Best Management Practices (March 1991 Cumberland County Soil and Water Conservation District and Maine DEP)
The multi-layer cap will achieve the following minimum requirements
All layers of the cover system shall be designed to achieve the performance objectives of this section over the longshyterm Each layer shall also be designed to meet a static stability factor of safety criteria of 13 seismic stability factor of safety criteria of 10 and a construction-stage stability factor of safety criteria of 12
mdash The base layer will be comprised of unclassified fill material transmissive to gas The performance objectives for the base layer are to contour the landfill to achieve a maximum slope of 31 provide a subgrade base suitable for construction of the cover system and minimize subsidence
Waste from uncapped areas near Area 1 Area 3 and Area 4 and excavated sediments from the groundwater seep areas near Sandy Brook will be placed under the base layer Vegetation cleared from the Site will be distributed evenly to prevent degradation and minimize subsidence
The slopes will be terraced to minimize erosion of the multi-layer cap so that no more than 2 tons per acre per year of soil loss occurs
mdash The gas collection layer will be comprised of 6-12 inches of porous material with a hydraulic conductivity of at least
- 4 shy
1 x 103 cmsec The objective of this layer is to allow for the transmission of gas to the vent pipe which will then take gas out of the landfill and to provide a firm foundation and contact surface for the low hydraulic conductivity layer A second objective is to allow fo the transmission of potential leachate seeps down the sideslopes so that it may infiltrate back into the landfill Approximately one gas vent per acre will be installed at least three to five feet into the waste
-- The bottom low hydraulic conductivity layer acts as a safeguard to the geomembrane and is generally made of 24 inches of clay or a geo-synthetic clay liner (GCL) The performance objective of this layer is to minimize potential leakage through the low hydraulic conductivity geomembrane into the landfill The low hydraulic conductivity layer will be designed to achieve a maximum hydraulic conductivity of 1 x 10~7 cmsec unless the factor of safety criteria of 13 for static 10 for seismic and 12 for construction stage stability cannot be achieved If the stability criteria cannot be met with a GCL or 1 x 107 cmsec material then a more permeable material may be used to achieve a stable cover system The bottom low hydraulic conductivity layer shall have a maximum hydraulic conductivity of at least 1 x 105 cmsec if the 1 x 10~7
cmsec material cannot meet the stability criteria If a GCL is used as the bottom low hydraulic conductivity layer then 12 inches of a fine grained material containing a minimum of 35 fines with no stones larger than one inch shall be used as bedding above the gas vent layer Potential mechanisms that may compromise the integrity of the cover system such as subsidence desiccation cracking and freeze-thaw cycling will be accounted for in the design
The uppermost surface of the bottom low hydraulic conductivity layer shall be buried at least 30 inches below the surface of the cap
-- The top low hydraulic conductivity layer will be a geosynthetic barrier The performance objective of this barrier is to prevent water from infiltrating into the landfill and to accommodate settlement and subsidence while maintaining stability This synthetic barrier will be a type of flexible geomembrane 40-60 mil thick
-- The drainage layer will be composed of either a minimum of 12 inches of sand or equivalent material with a minimum
- 5 shy
hydraulic conductivity of 1 x 102 cmsec or a synthetic material with a transmissivity of at least 3 x 10~5 m2sec The sand should be no coarser than 38 inch The performance objective is to allow water to drain off the synthetic barrier prevent the ponding of water over tgt a synthetic barrier and minimize seepage forces within the cap system If a geosynthetic drainage layer is used then a 12 inch layer of coarse material will be placed over the geosynthetic layer
mdash The top layer of the cap will be the vegetative cover This layer in combination with the drainage layer shall provide a minimum of 30 inches of fill material to provide frost protection A minimum of 18 inches of material (including at least 6 inches of top soil) shall be placed above the drainage layer to provide adequate water-holding capacity to attenuate rainfall infiltration to the drainage layer to sustain vegetation through dry periods and to provide sufficient thickness to allow for expected long-term erosion losses Deep rooted plants that could damage the drainage and barrier layers will not be allowed to grow on the cover A filter fabric may be placed between the top layer and the drainage layer to minimize fill material from clogging the drainage layer
mdash Surface water drainage controls will be constructed to minimize erosion during construction and to reduce erosion of the cap after construction to no more than 2 tons per acre per year As determined by the final NTCRA Design drainage channels will be installed in certain areas on the top and perimeter of the landfill cap to channel runoff away from the landfill Surface water drainage channels will be designed to manage the rainfall volume of a 25-year 24-hour storm event with freeboard and shall also be capable of handling a 100-year 24-hour storm event without overflow
SURFACE WATERS The point of compliance for any point source surface water releases resulting from this action consistent with the NCP shall be the point or points where the release enters the surface water body (Sandy Brook or Big Ledge Brook) Any point source discharge to a surface water body shall comply with the NPDES program under section 402 of the federal Clean Water Act and the Maine water quality standards and storm water discharge requirements The document Stormwater Management for Maine Best Management Practices (November 1995 MEDEP) shall be used as guidance for stormwater and the document Maine Erosion and Sediment Control Hanbook for Construction Best Management
- 6 shy
Practices (March 1991 Cumberland County Soil and Water Conservation District and Maine DEP) shall be used as guidance for erosion control
AIR The point of compliance for air consistent with che NCP shall be the point(s) of the maximum exposed individual considering reasonably expected use of the Site and surrounding area The maximum exposed individuals could include (I) adjacent residents (2) operation and maintenance personnel and (3) individuals working at the facility The passive gas venting system shall not allow for an unacceptable risk of exposure to the maximum exposed individuals by controlling and treating landfill gas if necessary The passive gas venting system shall be designed and constructed to comply with Attachment X of the Action Memo
LONG-TERM MONITORING A long-term monitoring program will be implemented to evaluate the performance of the NTCRA Surface water groundwater and sedimentsas appropriate shall be sampled as part of this program Long-term monitoring is expected to occur for at least thirty years
POST-REMOVAL SITE CONTROL Post-removal site control shall assure the long-term effectiveness of the cap and related systems for at least thirty years
INSTITUTIONAL CONTROLS Institutional Controls shall ensure the long-term integrity of the landfill cap and prevent future use of the groundwater impacted by the Site Deed restrictions andor other controls shall prohibit any activity at the Site which would interfere with or compromise the landfill cap or its related systems Such controls will also provide for EPA and MEDEP approval prior to the commencement of any future activities at the Site which may impact the landfill cap or its related systems
V NTCRA DESIGN
The Performing Respondent shall develop a final design for the selected NTCRA as described in the Action Memorandum and this SOW that meets the performance standards specified in Section IV of this SOW This section describes the Performing Respondents responsibilities for submitting deliverables and conducting project meetings during design
- 7 shy
A DELIVERABLE5
The Performing Respondent shall submit the following deliverables to EPA and the MEDEP during the design of the selected NTCRA pursuant to the schedule in Attachment A Any modification of the schedule in Attachment A shall be subject to EPA approval after a reasonable opportunity for review and comment by MEDEP Each submitted deliverable shall require EPA Approval after a reasonable opportunity for review and comment by MEDEP or Performing Respondents Certification whichever applies pursuant to the schedule in Attachment A and the procedures in Section XIV of the Order
1 DESIGN PROGRESS REPORTS
On the 15th calendar day of each month and until EPA approval of the 100 NTCRA Design the Performing Respondent shall submit Design Progress Reports to EPA and the MEDEP Design Progress Reports may be combined with the monthly progress reports required under the Administrative Order by Consent for Remedial InvestigationFeasibility Study (EPA Region I CERCLA Docket No I-CERCLA-95-1069) and shall be submitted with the Performing Respondents Certification The reports shall summarize all activities that have been conducted in the month preceding the Progress Report and those planned for the next two months The Progress Reports shall also identify problems encountered andor changes to the schedule and shall summarize the results of sampling and tests and other data received by the Performing Respondent
2 CONCEPTUAL DESIGN LETTER REPORT
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit a Conceptual Design Letter Report to EPA and the MEDEP The Conceptual Design Letter Report shall be submitted by the Performing Respondents Certification and may include at a minimum
a an outline of the NTCRA Design
b a work plan for any pre-design studies
- 8 shy
c preliminary drawings of the 31 and 3-5 slope sections of the cap surface water controls and retention ponds in plan view and cross-section and
d The design basis for the composition and thickness of each layer of the cap presented in letter format including a determination of the appropriate gas control technology and supporting information and an estimate of settlement
3 100 DESIGN FOR SEDIMENT CONSOLIDATION
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit the 100 Design for the sediment consolidation to EPA for Review and Approval after reasonable opportunity for review and comment by the MEDEP
4 100 NTCRA DESIGN
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit the 100 NTCRA Design for EPA Review and Approval after reasonable opportunity for review and comment by the MEDEP Design plans for individual components of the NTCRA may be submitted separately from the cap design However the design submittal for the cap shall address 100 of the total design for each component of the NTCRA including but not limited to
a the Final Design Report including the design basis for each component and the associated plans and specifications in reproducible format
b Construction Quality Assurance Plan including sample construction quality assurance and quality control checklists draft construction -quality control and quality assurance tables and a list of testing requirements based upon EPA and MEDEP comments
c the results of any pre-design studies
- 9 shy
d final drawings of the 31 and 3-5 slope sections of the cap in plan view and cross section including surface drainage controls and retention ponds anchor trenches and the passive gas venting system
e a description of the design basis for each layer andor component of the NTCRA including settlement evaluation stability calculations and the HELP model assessment to evaluate infiltration through the cover system The stability assessment shall include an assessment of the stability of the cover system waste material and surrounding slopes Each key section of the stability analysis should include a discussion of the (1) performance criteria for each failure mode (2) soil conditions including loading and seepage conditions and (3) determination of factor of safety and indicate the slope failure mode The methods to perform the above analysis shall be presented
f a discussion of how all applicable or relevant and appropriate requirements (ARARs) identified in the Attachment X of the Action Memo will be addressed This discussion should
(1) specify the statute (2) specify the citation of the ARAR (3) identify if the ARAR is state or
federal (4) summarize the requirements of the ARAR (5) specify in detail the activities that
shall be conducted to comply with the ARAR and
(6) specify in detail the activities that shall be conducted to demonstrate compliance with the ARAR When sampling and analysis is conducted to demonstrate compliance the following shall be specified sampling locations sampling frequency sampling methods analytical methods quality assurance and quality control activities and statistical analysis andor modeling andor other data interpretation techniques
- 10 shy
g drawings on reproducible mylar
h the final NTCRA Technical Specifications which shall include at a minimum the items identified in Attachment D
i a Field Sampling Plan as specified in Attachment B and a Quality Assurance Project Plan as specified in Attachment C Although these documents will be submitted as part of the 100 design these documents must be submitted as separate freestanding deliverables to enable a separate concurrent review of these document by the Agencies along with the 100 design review
j With respect to the landfill cap the design shall include the construction quality assurance procedures required to demonstrate that the NTCRA was properly implemented This component shall include for example (I) checklists for establishing that the required tests and inspections were performed (2) standard operating procedures for all field and laboratory tests (3) the quality assurance and quality control plan for all field and laboratory tests (4) a process for obtaining EPA and MEDEP involvement in major and minor field changes and (5) erosion and sediment control plans The quality assurance component shall be based upon the following guidance documents Construction Quality Assurance for Hazardous Waste Land Disposal Facilities (EPA 530-SWshy86-031 October 1986 and Technical Guidance Document Quality Assurance and Quality Control for Waste Containment Facilities (EPA540R-93182 September 1993)
k A discussion of how any surface water point source discharge shall be evaluated
1 A discussion of how the ambient air shall be evaluated after the construction of the cap is complete to demonstrate that the landfill gas does not pose an unacceptable risk (an excess cancer risk greater than the 104 to 106 risk range or a non-carcinogenic hazard
- 11 shy
index greater than 1) to the maximum exposed individuals (as identified in Section IV of this SOW)
5 WINTER STABILIZATION PLAN
By October 30th of each field season prior to the approval of the Post-Removal Site Control Plan the Performing Respondent shall submit a Winter Stabilization Plan to EPA and MEDEP This plan shall describe the practices and procedures that will be used by the Performing Respondent to prevent erosion of the landfill and excessive sediment discharge to the surface water and wetlands until EPA approval of the Post-Removal Site Control Plan
6 INSTITUTIONAL CONTROL PLAN
The Performing Respondent shall submit a schedule and a workplan letter report for the implementation of the Institutional Controls required by the NTCRA within 60 days of the effective date of the Order As part of the Institutional Controls a deed restriction shall be placed on the Site property to prevent any use of the property that would interfere with or reduce the effectiveness of the NTCRA or any future response actions The deed restriction shall also prevent future use of the groundwater under the Site These institutional controls shall be implemented in a manner consistent with Attachment X of the Action Memo
B DESIGN PROJECT MEETINGS
The Performing Respondent and its Contractor shall periodically meet with EPA and the MEDEP during the design phase to discuss the status of the design present the results of any investigations and discuss any issues associated with the development of the design
At least one week prior to each such periodic meeting the Performing Respondent shall submit to EPA and the MEDEP as necessary (i) an agenda for the meeting (ii) a summary of the issues that will be discussed and (iii) any supporting information including any specific information required for the meeting as detailed below The following is a list of meetings to be held as necessary during the design phase
1 DESIGN KICK-OFF MEETING
- 12 shy
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall schedule a design kickshyoff meeting The purpose of this meeting is to allow the EPA MEDEP and the Performing Respondents design teams to meet
2 CONCEPTUAL DESIGN MEETING
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall hold a Conceptual Design Meeting During the Conceptual Design Meeting the Performing Respondent shall give a presentation of the Work Plan for Pre-Design Studies if needed and the conceptual design of the selected NTCRA based on any completed pre-design investigations and the Conceptual Design Letter Report
3 100 DESIGN MEETING FOR SEDIMENT CONSOLIDATION
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall hold a 100 Sediment Consolidation Design Meeting At this meeting the Performing Respondent shall present the 100 design for these components of the NTCRA
4 100 NTCRA DESIGN MEETING
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall hold two 100 NTCRA design meetings At the first meeting the Performing Respondent shall provide an overview of the design During the second meeting the Performing Respondent shall present any issues that have arisen from comments received on the 100 NTCRA design and options for resolving the issues
EPA may determine that any of such meetings are not necessary However EPA andor the Performing Respondent may also schedule additional meetings as necessary to discuss any issues that arise during design
VI NTCRA IMPLEMENTATION
The Performing Respondent shall implement the final design for the selected NTCRA as described in the Action Memorandum and this SOW that meets the performance standards specified in Section IV
- 13 shy
of this SOW This section describes the Performing Respondents responsibilities for conducting the NTCRA submitting deliverables and conducting project meetings during implementation of the NTCRA
A DELIVERABLES
The Performing Respondent shall submit the following deliverables to EPA and the MEDEP during implementation of the NTCRA pursuant to the schedule in Attachment A Any modification of the schedule in Attachment A is subject to EPA approval after a reasonable opportunity for review and comment by MEDEP Each submitted deliverable shall require EPA Approval or the Performing Respondents Certification whichever applies pursuant to the schedule in Attachment A and the procedures in Section XIV of the Administrative Order by Consent
1 NTCRA IMPLEMENTATION SCHEDULE
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit a NTCRA Implementation Schedule for EPA Review and Approval after reasonable opportunity for review and comment by the MEDEP The NTCRA Implementation Schedule shall identify the major milestones for completion of the NTCRA including the commencement and completion of construction and the schedule for demonstrating compliance bull ith Section V(A) (4) (f) of the SOW The NTCRA Implementation Schedule shall also identify the key construction dates including the initiation and completion date of each component of the multi-layer cap The NTCRA Implementation Schedule shall also identify the projected dates of the Progress Meetings conducted during the NTCRA implementation including those required pursuant to Section VIB of this SOW
2 CONSTRUCTION DOCUMENT SUBMITTAL
In accordance with the schedule set forth in Attachment A to this SOW the Performing Respondent shall submit a copy of executed construction contract documents to EPA and MEDEP
3 HEALTH AND SAFETY PLAN
- 14 shy
In accordance with che Schedule set forth in Attachment A to this SOW the Performing Respondent shall submit a General Health and Safety Plan to EPA and MEDEP A site-specific Health and Safety Plan addressing NTCRA construction activities shall be submitted by the Performing Respondent prior to on-site construction activities The general and site-specific Health and Safety Plans shall each be submitted with Performing Respondents Certification
4 NTCRA IMPLEMENTATION PROGRESS REPORTS
On the 15th calendar day of each month during implementation of the NTCRA and until EPA approval of the Completion of Removal Action Report the Performing Respondent shall submit Progress Reports to EPA and the MEDEP The Progress Reports shall be submitted with Performing Respondents Certification The reports shall summarize all activities that have been conducted in the month preceding the Progress Report and those planned for the next two months The Progress Reports shall also
a identify the percent of NTCRA construction completed
b identify any problems encountered andor changes to the schedule
c summarize the results of all sampling and tests and all other data received by the Performing Respondent
d include photographs of the site activities Photographs shall be labeled with the date brief description of the activity weather conditions and directionorientation of the photograph and
e include the results of any monitoring conducted
After completion of all construction activities the Performing Respondent may upon EPA approval reduce the frequency of submission of the Progress Reports The Progress Reports may be combined with the monthly progress reports required under the Administrative Order by Consent
- 15 shy
for Remedial Investigation Feasibility Study (EPA Region I CERCLA Docket No I-CERCLA-95-1069)
5 POST-REMOVAL SITE CONTROL PLAN
In accordance with the schedule set forth in Attachment A to this SOW the Performing Respondent shall submit a Post-Removal Site Control Plan (PRSC Plan) for EPA Review and Approval after reasonable opportunity for review and comment by the MEDEP The PRSC Plan shall ensure the long-term continued effectiveness of each component of the NTCRA The PRSC Plan shall address at a minimum the following
a periodic evaluation of the stability of the cover system
b a description of normal operations and maintenance
c a description of potential operational problems with contingency plans
d an operational safety plan
e a description of equipment
f record keeping and reporting requirements
g periodic assessment of the passive landfill gas venting system
h periodic assessment of erosion controls and periodic settlement monitoring
i periodic assessmentand runoff
of surface water controls
j evaluation of Sandy Brook removal area
k periodic evaluation of vegetative growth and the identification of any erosion and
1 the impact of the cap on wetlands
- 16 shy
6 COMPLETION OF REMOVAL ACTION REPORTS
In accordance with the schedule set forth in Attachment A to this SOW the Performing Respondent shall submit the Completion of Removal Action and Demonstratioi of Compliance Report (jointly the Completion of Removal Action Report) for EPA Review and Approval after reasonable opportunity for review and comment by the MEDEP The Completion of Removal Action Report shall be submitted in two phases including first an Interim Completion of Removal Action Report and second a Final Completion of Removal Action Report
a The Interim Completion of Removal Action Report shall include at a minimum
(1) a synopsis of the work defined in the SOW and the 100 NTCRA Design and a synopsis of all work actually performed
(2) an explanation of any modifications to work in the SOW and the 100 NTCRA Design and why such modifications were necessary to implement the NTCRA
(3) drawings and specifications for all components of the NTCRA and
(4) a final inspection checklist
b The Final Completion of Removal Action Report shall include the categories of information specified in section 300165 of the NCP (OSC Reports) In addition the Final Completion of Removal Action Report shall follow EPA guidance for a Remedial Action Report OSWER Directive 93550-39FS June 1992 and shall include at a minimum
(1) all the data and information necessary to demonstrate compliance according to the approved NTCRA Design
(2) a certification that the NTCRA is operational and functional as designed that no further modifications are necessary to meet the performance standards and that no unacceptable air
- 17 shy
or surface water releases (from the cap only) are occurring or are expected to occur
(3) a detailed explanation as to how t^e Performing Respondent addressed each of the ARARs specifically identified as such in Attachment X of the Action Memo
(4) the final record (as built) plans and specification for the NTCRA and
(5) the conclusions of the data evaluation
B PROJECT MEETINGS
The Performing Respondent and their contractors shall periodically meet with EPA and the MEDEP during implementation of the NTCRA to discuss the status of the project present the results of any investigations and discuss any issues that arise At least one week prior to each such meeting the Performing Respondent shall submit to EPA and the MEDEP as necessary an agenda for the meeting a summary of the issues that will be discussed and any supporting information The following is a list of mandatory meetings that shall be conducted by the Performing Respondent
1 CONSTRUCTION MEETINGS
Unless otherwise agreed by EPA and MEDEP during the construction period the Performing Respondent and its construction contractor(s) shall meet MONTHLY with EPA and MEDEP regarding the progress and details of construction
2 SUBSTANTIAL COMPLETION INSPECTION MEETING
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall schedule and conduct a Substantial Completion Inspection Meeting at the Site The Substantial Completion Inspection Meeting shall include EPA MEDEP and the Performing Respondents Project Coordinator and technical consultant
- 18 shy
3 FINAL INSPECTION MEETING
In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall schedule and conduct a Final Inspection Meeting at the Site This Final Inspection Meeting shall include participants from all parties involved in the NTCRA including but not limited to the Performing Respondent and its contractors EPA and the State
EPA may determine that any such meetings are not necessary EPA andor MEDEP andor the Performing Respondent may also schedule additional meetings as necessary to discuss any issues that arise during implementation of the NTCRA
VII POST-REMOVAL SITE CONTROL
The Performing Respondent shall initiate Post-Removal Site Control (PRSC) upon completion of construction of the NTCRA In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit a PRSC plan for EPA approval after a reasonable opportunity for review and comment by MEDEP PRSC shall continue for at least thirty years
Progress Reports shall be submitted throughout the period of PRSC PRSC Progress Reports shall contain a list of all PRSC activities that were performed in the time period since the previous PRSC Progress Report and those PRSC activities that will be performed in the time period until the next PRSC Progress Report In addition PRSC Progress Reports shall include a summary of the results of any PRSC tests or evaluations completed since the last report
PRSC reports shall be submitted quarterly for the first two years following approval of the PRSC plan by EPA after a reasonable opportunity for review and comment by MEDEP For the next 8 years PRSC reports shall be submitted semishyannually in June and November of each year Thereafter PRSC reports shall be submitted annually in November The PRSC reports shall include a discussion of the condition of the NTCRA components and shall identify any corrective measures that have been or need to be installed In particular the condition of the landfill vegetative cover and surface water controldrainage systems shall be discussed
- 19 shy
VIII LONG-TERM MONITORING
In accordance with the schedule set forth in Attachment A to the SOW the Perform g Respondent shall submit a Long-Term Monitoring Plan for EPA Review and Approval after reasonable opportunity for review and comment by MEDEP The objective of the Long-Term Monitoring Plan shall be to evaluate the long-term changes in groundwater surface water and sediment concentrations to assess the effectiveness of the NTCRA The Long-Term Monitoring Plan may also include measures to assess the compliance of the landfill passive gas venting control system and the surface water and sediment control systems The data collected as part of the RIFS Order may be consolidated as a substitute for this data
The Performing Respondent shall initiate the long-term monitoring upon EPA approval of the Long-Term Monitoring Report and continue to perform long-term monitoring of the Site for at least thirty years after EPA approval of the Completion of Removal Action Report Any modifications to these requirements should be made in a manner consistent with Paragraph 111 of the Order
- 20 shy
ATTACHMENT A NTCRA SCHEDULE
DeliverableMeeting Due Date
Kick-off meeting between EPA MEDEP and Design Contractor
Design Progress Reports
Submit Conceptual Design Letter Report to EPA and MEDEP
Final Design Meeting for Sediment Consolidation
Submit draft 100 Sediment Consolidation Design
Conceptual Design Meeting
Monthly Project Mtg
Institutional Control Plan
Submit 100 NTCRA Design
100 NTCRA Design Meeting
Health and Safety Plan for Construction Activities
Second 100 Design Meeting
NTCRA Implementation Schedule
Revised 100 Design Construction Document Submittal
NTCRA Implementation Progress Reports
Construction Meetings
Post-Removal Site Control Plan
Held on December 18 1996
15th calendar day of each month until EPA approval of 100 NTCRA Design
Submitted December 15 1996
Held on December 18 1996
Submitted December 15 1996
Held January 9 1997
To be set by EPA
within 60 days of the effective date of the NTCRA Order
February 28 1997
March 21 1997
No later than May 16 1997
No later than May 23 1997
No later than June 13 1997
No later than June 13 1997
15th calendar day of each month after EPA approval of 100 NTCRA Design until approval of the Completion of Removal Action Report
Once per month during NTCRA construction activities
July 15 1997
Attachment A - 1
Submit Long-Term Monitoring Plan to EPA and MEDEP
Substantial Completion InspectionMeeting
Winter Stabilization Plan
Interim Completion of Removal Action Report
Final Completion of Removal Action Report
Final Inspection
Post-Removal Site Control Progress Reports
No later than December 1 1997
No later than December ]5 1997
By 30th of October of each year until EPA approval of the Post-Removal Site Control Plan
30 days prior to Substantial Completion Inspection Meeting
Within 120 days of the Substantial Completion Inspection
No later than May 15 1998
Quarterly for the 1st two years after approval of PRSC Plan(to be submitted in March June September and December of each year) for the next eight years semishyannually in June and November of each year Thereafter annually in November
Attachment A - 2
ATTACHMENT B
FIELD SAMPLING PLAN COMPONENT OF THE NTCRA 100 DESIGN
The overall objectives of the Field Sampling Plan (FSP) are as follows
1 to document specific objectives procedures and rationales for fieldwork and sample analytical work
2 to ensure that sampling and analysis activities are necessary and sufficient and
3 to provide a common point of reference for all parties to ensure the comparability and compatibility of all objectives and the sampling and analysis activities
The following critical elements of the FSP shall be described for each sample medium as necessary (eg ground water surface water soil sediment air and biota) and for each sampling event
1 sampling objectives (iedemonstration of attainment five year review etc)
2 data quality objectives including data uses and the rationale for the selection of analytical levels and detection limits (see Data Quality Objectives Development Guidance for Uncontrolled Hazardous Waste Site Remedial Response Activities OSWER Directive 935507 March 1987) Also Guidance for Data Useability in Risk Assessment EPA540G-90-008 October 1990
3 site background update including an evaluation of the validity sufficiency and sensitivity of existing data
4 sampling locations and rationale
5 sampling procedures and rationale and references
6 numbers of samples and justification
7 numbers of field blanks trip blanks and duplicates
Attachment B - 1
8 sample media (eg ground water surface war soil sediment air and buildings facilities and structures including surfaces structural materials and residue)
9 sample equipment containers minimum sample quantities sample preservation techniques maximum holding times
10 instrumentation and procedures for the calibration and use of portable air soil- or water-monitoring equipment to be used in the field
11 chemical and physical parameters in the analysis of each sample
12 chain-of-custody procedures must be clearly stated (see EPA NEIC Policies and Procedures Manual EPA 3309-78shy001-R May 1978 revised May 1986
13 procedures to eliminate cross-contamination of samples (such as dedicated equipment)
14 sample types including collection methods and if field and laboratory analyses will be conducted
15 laboratory analytical procedures equipment and detection limits
16 equipment decontamination procedures
The FSP must establish the framework for all anticipated field activities (eg sampling objectives evaluation of existing data standard operating procedures) and contain specific information on each round of field sampling and analysis work (eg sampling locations and rationale sample numbers and rationale analyses of samples) During the NTCRA the FSP shall be revised as necessary to cover each round of field or laboratory activities Revisions or a statement regarding the need for revisions shall be included in each deliverable describing all new field work
The FSP shall include provisions requiring notification of EPA and the MEDEP at a minimum four weeks before field sampling events The Performing Respondent shall provide EPA and MEDEP at least one week notice for non-analytical engineering analysis samples The FSP shall also allow split replicate or duplicate samples to be taken by EPA
Attachment B - 2
(or their contractor personnel) MEDEP and by other parties authorized by EPA At the request of EPA or MEDEP the Performing Respondent shall provide these samples in appropriately pre-cleaned containers to the government representatives Identical procedures shall be used t_raquo collect the Performing Respondents samples and the parallel samples unless otherwise specified by EPA or MEDEP The following guidance documents shall be followed in developing the FSP including
1 Guidance for Conducting Remedial Investigations and Feasibility Studies Under CERCLA (OSWER Directive 93553-01 EPA540G-89004 October 1988)
2 Data Quality Objectives for Remedial Response Activities Development Process EPA540G-87003 (OSWER Directive 93550-7B March 1987)
3 Data Quality Objectives for Remedial Response Activities example scenario RIFS Activities at a site with contaminated Soil and Ground Water (OSWER Directive 93550-7B EPA540G-87002 March 1987)
4 Test Methods for Evaluating Solid Waste PhysicalChemical Method (EPA Pub SW-846 Third Edition)
5 Analytical methods as specified in CFR 40 CFR Parts 136 14123 14124 and 14125 and Agency manuals documenting these methods
6 Statement of Works for Inorganic and Organic Analyses EPA Contract Laboratory Program
7 Guidance for Data Useability in Risk Assessment EPA540G-90-008 October 1990 and
8 Ecological Assessment of Hazardous Waste Sites A Field and Laboratory Reference EPA6003-89013 March 1989
Attachment B - 3
ATTACHMENT C
QUALITY ASSURANCE PLAN FOR THE NTCRA 100 DESIGN
The Quality Assurance Project Plan (QAPjP) shall document in writing site-specific objectives policies organizations functional activities and shall specify quality assurancequality control (QAQC) activities designed to achieve the data quality objectives (DQOs) of the NTCRA The QAPjP developed for this project shall document QAQC policies procedure routines and specifications All project activities throughout the NTCRA shall comply with the QAPjP All QAPjP and sampling and analysis objectives and procedures shall be consistent with Interim Guidelines and Specifications for Preparing Quality Assurance Project Plans (EPA 1983 - EPA QAMS- 00580 1980) All analytical methods shall be consistent with applicable EPA analytical protocols and methods
The 16 basic elements of the QAPjP plan are
1 title page with provision for approval signatures of principal investigators
2 table of contents
3 project description
4 project organization and responsibility
5 quality assurance objectives for measurement data in terms of precision accuracy completeness representativeness and comparability
6 sampling procedures
7 sample custody
8 calibration procedures and frequency
9 analytical procedures which must be EPA approved or equivalent methods
10 data reduction validation and reporting
11 internal quality control checks and frequency
Attachment C - 1
12 performance and system audits and frequency
13 preventive maintenance procedures and schedules
14 specific routine procedures to be used to assess the precision accuracy and completeness of data and to assess specific measurement parameters involved
15 corrective action and
16 quality assurance reports to management
As indicated in EPAQAMS-00580 the above list of essential elements must be considered in the QAPjP for the NTCRA If a particular element is deemed not relevant to the project the reasons for such determination must be provided
Information in a plan other than the QAPjP may be cross-referenced clearly in the QAPjP provided that all objectives procedures and rationales in the documents are consistent and the reference material fulfills the requirements of EPAQAMS-00580 Examples of how this cross-reference might be accomplished can be found in the Data Quality Objectives for Remedial Response Activities Development Process EPA5406-87OQ3 (OSWER Directive 93550-7B) March 1987 and the Data Quality Objectives for Remedial Response Activities Example Scenario EPA540Gshy87004 (OSWER Directive 93550-7B) March 1987 EPA-approved analytical methods or alternative methods approved by EPA shall be used and their corresponding EPA-approved guidelines shall be applied when they are available and applicable
The QAQC for any laboratory used during the NTCRA shall be included in the QAPjP When this work is performed by a contractor to the Performing Respondent each laboratory performing chemical analyses shall meet the following requirements
1 be approved by the State Laboratory Evaluation Program if available
2 have successful performance in one of EPAs National Proficiency Sample Programs (ie Water Supply or Water Pollution Studies or the States proficiency sampling program)
Attachment C - 2
3 be familiar with the requirements of 48 CFR Part 1546 contract requirements for quality assurance and
4 have a QAPjP for the laboratory including all relevant analysis This plan shall be referenced as part of the contractors QAPjP
The Performing Respondent shall certify that all validation of data was performed by an independent person according to Region Is Laboratory Data Validation Functional Guidelines for Evaluating Organic and Inorganic Analyses (amended as necessary to account for the differences between the approved analytical methods for the project and the Contract Laboratory Procedures (CLP) These approved methods shall be contained in the QAPjP The independent person shall not be the laboratory conducting the analyses and should be a person familiar with EPA Region I data validating procedures The independent person performing the validation shall insure that the data packages are complete and all discrepancies have been resolved if possible and the appropriate data qualifiers have been applied The Performing Respondent shall keep the complete data package and make it available to EPA and the MEDEP on request The complete data package must include the following
o Narrative stating method used and explanation of any problems
o Tabulated summary forms for samples standards and QC
o Raw data for samples standards and QC o Sample preparation logs and notebook pages o Sample analysis logs andor notebook pages o Chain of custody sample tags o An example calculation for every method per
matrix
Attachment C - 3
ATTACHMENT D
GENERAL REQUIREMENTS FOR THE TECHNICAL SPECIFICATIONS COMPONENT OF THE NTCRA DESIGN
The general requirements section of the technical specification shall describe how the Performing Respondent will manage the project to complete the NTCRA as required under the SOW and the Order As part of the technical specifications the Performing Respondent shall require the following tasks
1 provide for the security of government and private property on the Site
2 estrict unauthorized entry to the Site which might result in exposure of persons to potentially hazardous conditions
3 establish the location of a field office for on-site activities
4 provide contingency and notification plans for potentially dangerous activities associated with the NTCRA
5 monitor airborne contaminants released by Site activities which may affect the local populations
6 communicate to EPA MEDEP and the public the organization and management of the NTCRA including key personnel and their responsibilities
7 provide a list of Performing Respondents contractors and subcontractors and description of their activities and roles
8 provide for the proper disposal of materials used and wastes generated during the NTCRA (eg drill cutting extracted ground water protective clothing disposable equipment) These provisions shall be consistent with the off-site disposal requirements of CERCLA sect 121(d)(3) RCRA and applicable state laws The Performing Respondent or their authorized representative or another party acceptable to EPA and MEDEP shall be identified as the generator of wastes for the purpose of regulatory or policy compliance
Attachment D - 1
9 provide a description of the project staff and communication strategy
10 provide the mechanism for identifying and notifying EPA and MEDEP of non-conformance with the design and ixeld change requests and
11 provide traffic controls and community notification strategy
Attachment D - 2