UNITED STATE ENVIRONMENTAS L PROTECTION · PDF fileAct, as amended ("CERCLA") 42, ... transfer...
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Transcript of UNITED STATE ENVIRONMENTAS L PROTECTION · PDF fileAct, as amended ("CERCLA") 42, ... transfer...
UNITED STATES ENVIRONMENTAL PROTECTION AGENCYREGION I
In the Matter of:
SOLVENTS RECOVERY SERVICE OPNEW ENGLAND, INC. SUPERFUND SITE
Southington, Connecticut
Proceedings Under Sections 104(a) &(b) ; 106(a); and 122(a) & (d)(3)of the Comprehensive EnvironmentalResponse, Compensation, and LiabilityAct, as amended 42 U.S.C. 9604(a)& (b) ; 9606(a); and 9622(a) & (d)(3)
U.S. EPA Region ICERCLA Docket No.1-94-1045
ADMINISTRATIVE ORDERON CONSENT FORREMOVAL ACTION
TABLE OF CONTENTS ADMINISTRATIVE ORDER ON CONSENT FOR REMOVAL ACTION
I. JURISDICTION AND GENERAL PROVISIONS 4
II. PURPOSE 5
III. PARTIES BOUND 6
IV. DEFINITIONS 7
V. EPA '3 FINDINGS OF FACT 10
VI. EPA'3 CONCLUSIONS OF LAW AND DETERMINATIONS 17
VII. ORDER 19
VIII. DESIGNATION OF SUPERVISING CONTRACTOR AND PROJECT COORDINATOR 19
IX. DESIGNATION OF EPA COORDINATOR 21
X. REMOVAL WORK TO BE PERFORMED; COMPLETION OF WORK . . . . 21
XI. COORDINATION AND COOPERATION WITH OTHER RESPONSE ACTIONS 24
XII. ADDITIONAL RESPONSE ACTIONS 26
XIII. PROGRESS REPORTS 27
XIV. DELIVERABLES SUBMITTED TO EPA 28
XV. INCORPORATION AND ENFORCEABILITY OF DOCUMENTS 32
XVI. SITE ACCESS 32
XVII. QUALITY ASSURANCE/SAMPLING 34
XVIII. ACCESS TO INFORMATION; RECORD PRESERVATION; CONFIDENTIALITY CLAIMS 35
XIX. CREATION OF DANGER; EMERGENCY RESPONSE 37
XX. OFF-SITE POLICY 39
XXI. FINANCIAL ASSURANCE; INSURANCE 40
XXII. TRUST FUND 41
XXIII. FORCE MAJEURE 47
XXIV. DISPUTE RESOLUTION 49
XXV. STIPULATED PENALTIES 50
XXVI. INDEMNIFICATION 54
XXVII. WAIVER OF SETTLEMENT CONFERENCE 56
XXVIII. COVENANT NOT TO SUE 56
XXIX. EPA'8 RESERVATION OF RIGHTS 57
XXX. CONTRIBUTION PROTECTION 59
XXXI. OTHER CLAIMS 59
XXXII. AMENDMENTS 60
XXXIII. OTHER APPLICABLE LAWS 60
XXXIV. COMMUNITY RELATIONS 61
XXXV. STUDIES REQUESTED TO BE PERFORMED BY RESPONDENTS ... 61
XXXVI. PLACE AND MANNER OF NOTICE 62
XXXVII. EFFECTIVE DATE 63
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION I
In the Matter of:
SOLVENTS RECOVERY SERVICE OP U.S. EPA Region I NEW ENGLAND, INC. SUPERFUND SITE CERCLA Docket No.
1-94-1045
Southington, Connecticut
Proceedings Under Sections 104(a) & (b); 106(a); and 122(a) & (d)(3) ADMINISTRATIVE ORDER of the Comprehensive Environmental ON CONSENT FOR Response, Compensation, and Liability REMOVAL ACTION Act, as amended 42 U.S.C. 9604(a) & (b); 9606(a); and 9622(a) & (d)(3)
I. JURISDICTION AND GENERAL PROVISIONS
1. This Administrative Order On Consent For Removal Action
("Order") is entered into voluntarily by the United States
Environmental Protection Agency ("EPA"), the Department of the
Navy ("Navy") and the Respondents listed on Appendix A
("Respondents"). This Order concerns the performance of a
removal action, including the performance of certain studies and
investigations, by the Respondents in connection with the
Solvents Recovery Service of New England, Inc. Superfund Site in
Southington, Connecticut. This Order is issued pursuant to the
authorities vested in the President of the United States by
Sections 104(a) & (b); 106(a); and 122(a) & (d)(3) of the
Comprehensive Environmental Response, Compensation, and Liability
Act, as amended ("CERCLA"), 42 U.S.C. 9604(a) & (b); 9606(a);
and 9622(a) & (d)(3). These authorities were delegated to the
ADMINISTRATIVE ORDER ON CONSENT FOR REMOVAL ACTION SRSNE SUPERFUHD SITE
Administrator csf EPA on January 23, 1987 by Executive Order
12580, 52 Fed. Reg. 2926 (January 29, 1987), and further
delegated to the Regional Administrator, EPA Region I by EPA
Delegation Nos. 14-14-A and 14-14-C.
2. EPA notified the State of Connecticut of this action on
October 20, 1993 pursuant to Sections 104(b)(2) and 106(a) of
CERCLA, 42 U.S.C. 9604(b)(2) and 9606(a). EPA notified the
Federal Natural Resource Trustees of this action on October 20,
1993 pursuant to Section 122(j) of CERCLA, 42 U.S.C. 9622(j).
3. In consenting to this Order, Respondents and the Navy
reserve all rights and claims with respect to parties not
signatories to this Order or with respect to all matters not
directly addressed in this Order. Additionally, Respondents and
the Navy reserve all defenses not expressly waived by this Order.
In consenting to this Order, the Respondents and the Navy do not
admit any liability, nor do the Respondents or the Navy admit the
truth of any factual allegation in this Order or in connection
with the Site or this matter. The Respondents and the Navy agree
to comply with and be bound by the terms of this Order. The
Respondents and the Navy further agree that they will not contest
the basis or validity of the Action Memorandum (defined below),
or this Order or its terms.
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ADMINISTRATIVE ORDER ON CONSENT FOR REMOVAL ACTION SRSNE SUPERFUND SITE
II. PURPOSE
4. In entering into this Order, the mutual objectives of
EPA, the Navy and the Respondents are to perform removal
activities (the "Removal Action") at the Solvents Recovery
Service of New England, Inc. Superfund Site in Southington,
Connecticut, as set forth in the Action Memorandum signed by the
Acting Regional Administrator on April 1, 1993, and the Statement
of Work appended to this Order as Appendix B. In addition, this
Order seeks to resolve the contribution counterclaims or claims
in recoupment that have been or could have been asserted against
the United States by the Respondents, as provided in Paragraph
89.
III. PARTIES BOUND
5. This Order shall apply to and be binding upon EPA, the
Navy, and upon the Respondents and Respondents' heirs,
successors, and assigns. Any change in ownership or corporate
status of a Respondent including, but not limited to, any
transfer of assets or real or personal property shall in no way
alter such Respondent's responsibilities under this Order.
Respondents are jointly and severally responsible for carrying
out all activities required of them by this Order. The failure
of one or more Respondent or the Navy to comply with all or any
part of this Order shall not in any way excuse or justify
noncompliance by any other Respondent, including but not limited
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ADMINISTRATIVE ORDER ON CONSENT FOR REMOVAL ACTION SRSNE SUPERFUND SITE
to the failure to perforn all obligations of any defaulting
Respondent or the Navy.
6. The Respondents shall provide a copy of this Order to
each contractor hired to perform any work required by this Order
and to each person representing any of the Respondents with
respect to the Site or the work required by this Order. The
Respondents or their contractors shall provide written notice of
the Order to all subcontractors hired to perform any portion of
the work required by this Order. The Respondents shall
nonetheless be responsible for ensuring that their contractors
and subcontractors perforn the work contemplated herein in
accordance with this Order.
IV. DEFINITIONS
7. 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 Solvents Recovery Service of New England,
Inc. Superfund Site signed on April 1, 1993, by the Acting
Regional Administrator, EPA Region I, and all attachments
thereto.
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ADMINISTRATIVE ORDER ON CONSENT FOR REMOVAL ACTION 8RSNE SUPERFUND SITE
b. "CERCLA" shall mean the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as
amended, 42 U.S.C. 9601 et seq.
c. "CT DEP" shall mean the State of Connecticut Department
of Environmental Protection and any successor departments or
agencies of the State.
d. "Day" shall mean a calendar day unless expressly stated
to be a working day. "Working day" shall mean a day other
than a Saturday, Sunday, or Federal holiday. In computing
any period of time under this Order, where the 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.
e. "EPA" shall mean the United States Environmental
Protection Agency and any successor departments or agencies
of the United States.
f. "Navy" shall mean the United States Department of the
Navy.
g. "National Contingency Plan" or "NCP" shall mean the
National Oil and Hazardous Substances Pollution Contingency
Plan promulgated pursuant to Section 105 of CERCLA, 42
U.S.C. 9605, codified at 40 C.F.R. Part 300, including,
but not limited to, any amendments thereto.
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ADMINISTRATIVE ORDER ON CONSENT FOR REMOVAL ACTION SRSNE SDPERTUND SITE
h. "Order" shall mean this Administrative Order On Consent
For Removal Actio