SE70RI TEH TOUTED 8TATE8EHVXROHMEHTAt PROTECTIOH AQEHCT

REGION XZI

IV THE HATTER 07t

Hanlin-Allied-Olin sit*Kanlin Area

(formerly, LCP Chemicals site)Moundsville, West Virginia

Hanlin Chemicals-West Virginia, IncRespondent 'Proceeding Under Sections 104,106(a), and 122(a) of theComprehens ive EnvironmentalResponse, Compensation, andLiability Act of 1*80,as amendedby the Superfund Amendments andReauthorization Act of 1986,42 U.S.C. SS 9604, 9606{a), and9622(a)

ADMIKTSTRATXVB QRPT>OR REMOVAL

The party to this Administrative order 1 Consent Order" or"Order") Hanlin Chemicals-Wejit Virginia, Xnu. v fuuixin-) and the Unitedstates Environmental Protection Agency ("EPA"), having agreed to the entryof this Consent Order, it is therefore Ordered, that:

I. JtmiflPICflCT AMD 0«flRAL FROVTflTQHS

l.l This Consent Order is issued pursuant to the authority vested in thePresident of the United states by Sections 104, 106(a) and 122(a) of theComprehensive) Environmental Response, Compensation and Liability Act of1980, as amended by the Superf und Amendment* and Reauthoritation Act of1986 ("CERCLA"), 42 U.S.C. SS 9604, 9606(a) and 9622(a)r delegated to theAdministrator of EPA by Executive Order No. 12580, 52 red. Reg. 2923(January 29, 1987), and further delegated to the Regional Administrators 01EPA. This Consent Order pertains to a portion of the property, located atState Route 2, Kouzidsville, West Virginia. The entire property willhereinafter be referred to as the "Hanlin-Allied-Olin Site" or "the site",and encompasses three subareas, which are further described in paragraphs3.3 and 3.4 below. The portion of the Site to which this Order pertains

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will ba referred to as the Hanlin area and is described in Paraaranh 3below. ->**«*« j

1.2 The Respondent agrees to undertake all actions required by, andwith all requirements of, this Consent Order including any modificationshereto (the "Work").

1.3 The Work shall be consistent with the National oil and HazardousSubstances Pollution Contingency Plan, as amended ("NCP"), 40 C.F.R. Part300, and CERCLA.

1.4 The Respondent consents to and will not contest EPX's authority orjurisdiction to issue or to enforce this Consent Order.

ZZ. 8TATBMEOT OP PTOPCflB

In entering into this Consent Order, the mutual objectives of EPA andRespondent are to conduct a removal action, as defined in Section 101(23)of CERCLA, 42 U.S.C. S 9601(23), to abate, mitigate and/or eliminate therelease or threat of release of hazardous substance* at the Site byproperly disposing of the hazardous substances located there;containing/preventing the migration of hazardous substances from the Site;and performing an Engineering Evaluation/Cost Analysis ("El/CA") tocharacterize the nature and extent of contamination in the Hanlin Area ofthe site.

ZZI. BPA'S PIKPIKqS QT TACT j

3.1 The Sits consists of nins paresis of land, encompassing approximately420 acres. AlliedSignal, Inc. ("Allied"), owned and operated theentire sits property from 1953 until 1980. for the purposes of thisAdministrative Order, ths Sits will b* divided into three areas. Thenorthwestern portion of ths Sits is still currently owned by Allied.This portion of ths Sits vill hereinafter b* referred to as ths"Allied area". In 19SO, Allied sold ths southern portion of ths siteto LCP Chemicals-West Virginia, Inc. ("LCP11). LCP underwent a name>change and is now known as Hanlin Chemicals-West Virginia, Ine.("Hanlin"). Hereinafter, this portion of th« Sits will ba referred tcas the "Hanlin area", as it is presently owned by Hanlin. Thsrequirements of this order pertain only to ths Hanlin Area of thsSits. ATUsd sold ths northeastern portion of ths Sits to OlinCorporation ("Olin") in 19S1. This northeastern portion of ths sitswill hereinafter b* referred to as th* "Olin ares*. Ths tntirs Sitsis illustrated in Figur* 1, attached to this Ordsr and is furtherdescribed in Paragraphs 3.3 through 3.7 below.

3.2 Hanlin chemicals-west Virginia, Inc. ("Hanlin"), i» tha *"«•?* S™*of ths Hanlin arsa of th* Sits. Hanlin ia a subsidiary of ths HanliGroup, inc. Ths Hanlin Group, Inc. and its subsidiaries filed forbankruptcy protsction pursuant to chapter 11 of ths Bankruptcy cror about July 10, 1991. Hanlin wa* formerly known as LCP. Hwcurrently subject to two EPA Administrative Orders on Consent.

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HanUnrAllied-01ia site/Haalia ATM >>?<"tet SXH-tj-ss-DCfirst order, issued pursuant to Sections id«(«» and 122" of CERCIA u».signed on October 2, 1989 and require, Hanlin to perform cleanup' "SStih1 ™?1 1 ffV,lttlfXle- «cid .pill iS £2"™!" «,.which occurred on or about June 29, 1989. The second Order, issuedi " ! 8*0*10? 3°28(h) ot <*• *•«««• Conservation and RecoveryAct ("RCRA") was signed on September 3, 1987 and requires Hanlin toperform corrective actions for releases of hazardous" wastes in theHanlin area. Hanlin has not completed activities required by eitherOrder * - . = - . - - • - - . ' - . . •

3.3 The Sit* in located on State Route 2, within the Ohio River valleyapproximately three miles downstream of Moundsville, Marshall County,west Virginia. This Site is situated on the east ban* of the OhioRiver and occupies the mid-northern portion of Round Bottom, a sickle-shaped bottomland alluvial deposit situated along the inside of asharp meander in the Ohio River. Round Bottom encompasses an area ofapproximately four miles in length and a width of one-half mile at itswidest point. The entire Site encompasses approximately 420 acres.The Hanlin area consists of approximately 221 acres and encompassesthe central and southern portions of the Sit*. The 01 in area consistsof approximately 146 acres and is situated en the northeast portion ofthe Site. The Allied ares consists of approximately 52 acres andencompasses the northwest portion of the site.

3.4 A primary process formerly performed at the Hanlin Area of the Sitewas the production of chlorine and sodium hydroxide from theelectrolytic separation of brine in mercury electrolysis cells.Mercury is still contained on site in a building in the Ranlin area,hereinafter referred to as the "mercury cell building*.

3.5 Another process, performed in the Ranlin area of the Site producedvarious chlorinated methane solvents, including but not limited tomethyl chloride, methylene chloride, chloroform, and carbontetrachloride. Wastes generated as a result of this operation includesulfuric acid, caustic soda, potassium carbonate, and heavy organicsludge residues from the distillation process. This portion of theHanlin area is hereinafter referred to as the chloromethane production("COT") area.

3*6 The Olin area of the site was used by Olin to produce toluenediisocyanate, methylene dianiline, and hydrochloric acid. Formerly,Allied produced aniline, fumarie acid, nitrobenzene, and maleieanhydride in the Olin area* On September 29, 1994, the tFA RegionalAdministrator signed an Administrative order by Consent which requiresOlin to perform an EE/CA in the Olin area of the Site.

3.7 The Ohio River, which borders the Site to th* west, is used as adrinking water source and for barge traffic and recreational purposes.The closest municipal water supply, which serves an estimated 1000residents, has a drinking water intake on the Ohio River locatedapproximately 25 miles downstream from the Site at Sistervilie, WestVirginia.. Th« Washington Lands Water Well is located approximately3000 feet south of the site and supplies drinking water for

flR300050

H«alia-Alli«4-Olia site/Kaalin Area Docket mx-»3*5S-ocapproximately 3200 residential and industrial customers. TheWashington Lands public supply well is also considered to be anenvironmentally sensitive area susceptible to damage which may becaused from releases of hazardous substances. The Washington Landspublic supply well is located in the Marshall County West VirginiaPublic Service District Number 2 Well Head Protection Area.Immediately south and adjacent to the Facility is the Koundsvillecountry Club, which maintains and operates an 18-hole golf course,and uses ground water for watering its greens and fairways, samplingand monitoring has been conducted by Hanlin on a quarterly basis atthe Moundsville Country club. Water from the Washington Lands watersystem is also sampled at the Hanlin plant.

3.3 sampling conducted on the Hanlin Area of the Site indicates the groundwater is contaminated with manganese, methylene chloride, chloroform,carbon tetrachloride, and mercury. Currently, two- Ranney Wellsidentified as "A19 and "D" are being pumped to draw water from theunderlying aquifer and contain the contaminated water to within thefacility boundaries. The water is ultimately discharged withouttreatment to the Ohio River through Hanlin' s Outfall 001, formerlypermitted under a National Pollution Discharge Elimination system("NPDES") Permit No. W0004405 issued on February 19, 1983. Hanlinfiled a timely application regarding such permit with the WesHVirginia Department of Environmental Protection ("WVDEP") on July 20,1989. In addition, Hanlin filed another application with the WVDEt onMarch 13, 1992 regarding stormwater runoff and a change in status ofths plant. Final actions on these applications have not been takethe) WVDEP.

3.9 Sampling data from the Ranney Wells A and D indicates contaminantsincluding manganese), chloroform, carbon tetrachloride), and mercury areall being released to the Ohio River in concentrations which exceedEPA's Maximum contaminant Levels ("MCLs") for drinking water.Sampling is performed weekly and is reported on a monthly basis to the

. permitting authority. The pumped water is not being treated prior todischarge.

3.10 Carbon tetrachloride, chloroform, mercury, and methylene chloride, arelisted as hazardous substances at 40 C.7.R. $ 302.4.

3.11 Carbon tetrachloride- is toxio by inhalation and ingestion. Symptomsfrom exposure) include nausea, abdominal pain, dizziness, andoccasionally, convulsions. Delayed effects may include) damage to theheart, liver, and kidneys.

3.12 Chloroform may cause dilated pupils, loss of sensation, abolishedmotor function, and unconsciousness. Toxic effects havs been noted atblood levels ranging from 70 to 250 milligrams/ liter ("•V/l")* .Fatalitias havs occurred at blood levels of 390 ag/1. Chloroform isalso a suspected human carcinogen.

3.13 Ths most common exposure of humans and other organisms to mercuryoccurs from ths ingestion of msrcury which accumulates in ths

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AR30005I

Hanlin-Allied^Olia site/Hanlin Area Docket *zzz~93-lS-DCterrestrial and aquatic food chains, mostly throuah fish and theingestion of f ish-eating bird, and mammal.; Si?cury af f act.cantral nervous system, brain, and kidneys. ««««.

3.14 Kethylene chloride i. primarily dangerous by inhalation. Howeveringestion of methylene chloride may contribute to chronic ef facts'including damage to tha heart, liver, and kidneys,

3.15 On March 25, 1994 , the EPA Region III Associate Division Director forSuperfund Programs determined that an imminent and substantialendangerment to public health or welfare or the environment exists atthis Site.

XT. EPX'S COHCLOflTQKa OT 1AW« ' . - - - . -

4.1 The Hanlin area of the Site is a "facility" as defined by Section101(9) of CERCXA, 42 U.S.C. $9601(9).

4.2 The Respondent is a "person* as defined by Section 101(31) of CZRCIA.42 U.S.C. $ 9601(21).

4.3 Chloroform, methylene chloride, carbon tetrachloride, and mercury are"hazardous substances" within the meaning of .Section 101(14) of CZRCXA, 42U.S.C. $9601(14), because they are listed at 40 C.F.R. $ 302.4*4.4 "Hazardous substances,1* as defined in Section 101(14) of CERCXA, 42U.S.C. S 9601(14), have been disposed of at the Site and are currentlypresent there.4.5 The presence of hazardous substances at the Site and the past,present, and/or potential migration of hazardous substances from the Siteconstitutes an actual and/ or threatened "release" as defined in Section101(22) Of CERCIA, 42 U.S.C. $9601(22).

4.6 Respondent in a "person who at the time of disposal of hazardoussubstance owned or operated any facility (the Hanlin area of the Site) atwhich such hazardous substances were disposed of • within the meaning ofSection 107 (a) (2) of CERCIA, 42 U.S.C. $ 9607(a)(2) and is an "owner oroperator of a vessel or a facility" (the Hanlin Area of the Site) withinthe meaning of Section 107 (a) (1) of CERCXA, 42 U.S.C. S 9607(a)(l).4.7 EPA has determined that the Respondent is liable under Section 107 (a)Of CERCIA, 42 tk*-C. § 9607 (a).

Based on the Findings of Fact and Conclusions of Law set forth above,and upon EPA's review of information for the Administrative Record, EPA hatdetermined that:5.1 The actual and/or threatened release of,B4zmrdou» substance* from theSite nay present an imminent and substantial endangerment to the publichealth or welfare or the environment.

ftR300052

ait./Haalia Xr.a naek,tnaCMMr* to P"t9Ct «». public health and v.lfar.

5.3 B«caus* th.r. Is a potential thraat to public h.alth•nvirona«nt, a removal action is appropriate tomitigat. or .li.inat. th. r.l.a,. S? tg£t osubstances at or from the Site.

Vt. PARTTgg BOPNT

6.X This Consent Order shall apply to and b* binding upon EPA and itsagants, and upon Respondent and its agents, successors /and assigns.Neither a change in ownership or corporate or partnership status of theRespondent, nor a change in ownership or control of the site shall in anvway alter Respondent's responsibilities under this Consent Order.6.2 m the event of any change in ownership or control of any portion ofthe Hanlin area of the site, the Respondent shall notify EPA in writing atleast thirty (30) calendar days in advance of such change and shall providea copy of this Consent Order to the transferee in interest prior to anyagreement for transfer. * y

6.3 In the event that there is a change in Respondent's corporate*organization or ownership of the Ranlin Area because of bankruptcyproceedings. Respondent shall notify EPA within five calendar days of suchevent.

6.4 Respondent shall provide a copy of this Consent Order to all VVcontractors, subcontractors, supervisory personnel, laboratories andconsultants retained by Respondent to conduct any portion of the Work to beperformed by Respondent pursuant to this Consent Order. Respondent shallrequire in any and all contracts related to this Site- that the Work that isthe subject of such contract b« performed within th* time and in the mannerset forth in this Consent Order.

6.5 The undersigned representative of the Respondent certifies that he orshe is fully authorized to enter into the terms of this Consent Order andto execute and legally bind such Respondent to this Consent Order.

7XJ. *OTtC» TO TCT flTXTB

Notice) of issuance of this Consent Order has been given to the Stateof west Virginia, pursuant to Section 106 (a) of CZRCLA, 42 U.S.C. $9606(a).

VIII. RgflPOItflB ACTIO» PtJUfAKP

3.1 Respondent shall commence and complete performance of the followingResponse Action Plans ("RAPs") described in Paragraphs S.3 (A-D) below andthe Engineering Evaluation/cost Analysis (*E3/CA*) described in Faragr»»*8.3.S. below within the time periods specified herein. In addition,

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V J

Kanlia-Allied-Olin Site/xaalia Area Docket mx-*3-ss-ocRespondent shall undertake the following response actions within 24 hoursof the effective date of this Order t » ,v

A. Provide site security to ensure that there is no interference byunauthorized persons with the iaplementation of the Work requiredby this Order;

B. Except during periods of necessary maintenance and repair, pumpRanney wells designated A and D; and other wells as EFAdetermines necessary, at rates which will prevent migration ofground water contamination from the Site. Respondent shallnotify EFA, in a manner consistent with notification of otherauthorities, of any cessation in pumping of Ranney wells A and owhich exceeds 24 hours.

8.2 Within 49 calendar days of the effective date of this consent Order,Respondent shall notify EPA in writing of the identity and qualificationsof the contractor, subcontractor, supervisory personnel, and ether personswho will be primarily responsible for developing and implementing all Plansrequired by this Section. Respondent shall further notify EPA in writingof the identity and qualifications of all contractors, subcontractors,supervisory personnel and other persons selected by Respondent who willconduct all or any portion of the response action no less than ten (10)days prior to commencement of the response action to be performed by suchpersons* Respondent shall ensure that all contractors, subcontractors,supervisory personnel and/ or other persons retained to perform the responseaction shall meet the applicable Occupational Safety and HealthAdministration ("OSHA") requirements a* defined in 29 C.r.R. $ 1910.120.The Respondent's selection of all contractors, subcontractors, supervisorypersonnel, and other persons who will perform the response action; theRespondent's Project Coordinator designated pursuant to Section IX; and anyreplacements to any such persons are subject to disapproval by EPX at anytime. In the event of any such disapproval by EPA, Respondent shall notifyEPA within ten (10) calendar days of receipt of such EPA disapproval of theperson(s) who will replace the one(s) disapproved by IP A. If a person'sselection for specified work is disapproved by EPA, they shall not performsuch specified response action.8.3 Respondent shall implement the following RAPs described insubparagraphs A-0 below and the CE/CA described in subparagraph C below inaccordance with Paragraph 8.6 of this Order t

*»A. gealth aflfl ffafetv Measures

1. Within thirty (30) calendar days of the .data Respondentnotifies EPA of its selection of the primary contractor pursuantto Paragraph 8.2 above, submit to EPA for approval a Site*specific Health and Safety Plan ("HASP"), considered to be a RAPfor all Work, tot

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Hanlin-Allied-Olitt site/Haalin Area Docket mx-93-ss-oc

'* SSTS Sii!ai«»a^S?f*ty,°f «**•*•* othsr personneland ths public from the hazardous substances and worlc-related health and safety hazards during performance*t tn.work specified herein. *h. HASP sffilWSS tsfprovide for propsr decontamination of personnel andequipment, monitoring and control of offslte migration ofhazardous substances during the conduct of activities at theSits and protsction of public health from exposure tohazardous substances during ths conduct of activities tt theSits pursuant to this Order. Health and safety requirementsof ths HASP shall be at least as stringent as thoseaetforth in Occupational Safety and Health Administration andEPA requirements, including, but not limited to requirementscontained in 29 C.F.R. f 1910.120 and/or EPA Standardoperating Safety Guides (July 3, 1988). Only one HASP is tobe developed for ths Hanlin Area of the Site.Subcontractors can propose modifications to ths Sits HASP toaccount for their specific work. Such modifications must beaccepted by EPA;

b. comply with all applicable local. State, and Federal firsand explosion codes and regulations;

c. include an emergency contingency plan annex which outlinesprocedures to b« followed in the event of an emergencyduring Respondent's activities at this Sits. A copy oEPA-approved plan shall also bs submitted .to ths MarshCounty Local Emergency Planning Committee.

2* Implement the EPA-approved health and safsty plan according to arEPA-approved schedule.

B. Removal of Hatardotis Substances

1. Within thirty (30) calendar days of ths date Respondentnotifies EPA of its selection of the- primary contractor pursuantto Paragraph.8.2 abovs,. submit to EPA for approval a RAP andproposed an expeditious schedule to identify, segregate, remove,and properly dispose of all hazardous substances on ths HanlinATSA of ths Sits contained in tanks, vessels, process lines,drumsY cylinders, or other containers which may bs stored on ths3it*.

2. Implement ths EPA-approvsd plan and schedule described inParagraph 8.3.B.I., above.

C. Mereunr cell Building Decontamination

1. Within ninsty (90) calendar days of ths sffsctivs dats of thisorder, submit to EPA for approval a RAP tot

flR300055

Kaalia-Xilied-oiia fite/Eaalia Area Docket mi-»3-S5-oca. remove, recycle, and/or prop«rly dispose of mercury

contained In and around the mercury cell building;

b. decontaminate, demolish, and/or * secure the! mercury cellbuilding so that neither mercury nor other hazardoussubstances in or around this building poses a threat topublic health or the environment;

c. install ground water monitoring wells around the perimeterof the building to detect for mercury groundwater

, contamination;d. provide appropriate protective measures to personnel on Site

and in the immediate area during any activities related tothe mercury cell building;

e. identify procedures for documenting the effectiveness of theproposed cleanup method;

f. provide an expeditious schedule for immediate implementationof the plan.

2 . Implement the EPX-approved decontamination plan described inParagraph 8.3.C.1, above according to the IPX-approved schedule.

D* Maintain RanneT yell Fmpjnq *t Appropriate Kates1. Within ninety (90) calendar days of the effective date of this

Order, submit to EPX for approval a RAP tota. provide a schedule to improve monitoring of Ranney Well

pumping rates so that quarterly monitoring as described insubsection 8.3.D.l.b. below detects whether pumping ismaintaining an inward gradient over the entire Sits;

b. perform quarterly monitoring of ground water elevations onthe entire Hanlin Area;

c. prepare) a sampling plan for quarterly sampling of groundwater wells which contain ground water flowing toward theWashington Land Public supply, including those ground watermonitoring wall* located between the sits and the golfcourse to illustrate the ground water flow across the entirefits;

d. provide an expeditious schedule for the activities describedin subparagraphs t.3,D*(a.- c.) above.

2. implement th« IPX-approved plan described in Paragraph8. 3. D.I,, abovs according to ths IPX-approve* schedule.

RR300056

Haalia-Allied-Olia Site/Hanlin Area Docket *xxx-*3-»3-Dc

2. Engineering gvelu*ttoB/eo«t

within ninety (90) calendar days of the effective date o'f this25d?!:'-3Ub?}t t2,EPA f?r aPProv»i *» E2/CA Work Plan, including aField Sampling Plan and a Quality Assurance Project Plan, for theimplementation of the studies described in subparagraphs3. 3. E.I. a. and b. below* In preparing the EE/CA report describedin Subparagraph 8.3.2.3. below, Respondent shall consider thefindings obtained from implementation of these work plans topropose removal cleanup levels and actions or treatment orremoval alternatives to perform cleanup of soil and ground watercontamination at the Hanlia Area of the site, talcing into accountthe worlc already performed and all existing relevant studies.The EE/C& Work Plan shall include plans to perform the following:a. HydroqaologJcal Study Plan

The hydrogeological study shall include a comprehensivesummary of known Sits conditions and work plans for thefollowing;(1) investigation, sampling, and closure of the deep brine

wells consistent with, the provisions of Hanlin'sUnderground Injection control ("OIC") permit numberUXC3SOS102A9. Such plan shall consider the use of:(a) downhole geophysics, using previous annulus v j

testing, and downhole camera to obtain flow anor'construction details;

(b) sampling of discrete zones via packers;(2) investigation and sampling of the perched water table

situated under the CMP and drum storage areas todetermine sources of contamination and migrationpotential;

(3) delineation of bedrock topography including, but notlimited to;(a) a seismic survey with corroborating well data to

assist in determining the alluvium-bedrock~ interface and, thus, possible locations for pooled

dense, non-aqueous phase liquids (*DNAPts»);(4) characterization of densev non-aqueous phas» liquids

("DNAFLs") in the groundwater, including;(a) the consideration and/or us* of specialized

techniques, such as an organic vapor analyzer andinterface probe, Sudan 17 powder dye andultraviolet <"UV») light;

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AR300057

Hanlin-Ailied-Olin Site/Haalia Area Docket mx-fs-ss-oc"- » •/">•""••'(b) the investigation of DNAPLs which may be migrating

away from the CKP area, beginning at the highvolatile organic contaminants ("VOCN)concentration area centered at well number HG-exin the lower portion of the alluvial aquifer;

(5) investigation of the aquifer to determine whether ornot DKAPL contamination'from the Site has crossed theOhio River;

(6) development of a ground water treatment system to treatground water contamination generating from DNAPLs atthe source areas on the Hanlin Area of the Site to besubmitted to CFA for approval within forty-five (45)calendar days of IPX's determination that such a systemis necessary* The construction plan shall include, butnot be limited tot(a) an operation and maintenance plan for the system;(b) an evaluation of the effectiveness of the proposed

system to prevent migration of hazardoussubstances, and;

(c) a phased approach, including a proposed schedule,to integrate Ranney veil pumping with the newtreatment system, if required;

(7) * proposed schedule for expeditious implementation ofthe hydrogeological study described in ParagraphS.3.E.a.i.-6. above.

b. Soil Contamination Study Plan

The soil contamination study should include at a minimum:(1) comprehensive summary of known Site conditions

including previous closures of any known waste units onthe Hanlin area of the Sits;

(2) description of the sampling strategy to be used todetermine surface and subsurface soil contaminationthroughout the Hanlin area of the Site;

K» • •

(3) proposal of th« types of analysis required to-identifythe known and suspected contaminants at the Hanlin areiof the Site;

<4> proposal for identification and appropriatecharacterization of all ecosystarns, including sensitiveecological zones and potential receptors, and thelaboratory testing methods (e.g., bioassays) to be usecto evaluate impacts from the contamination at the

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Baalin-Alliad-oiia site/Baalim Area Docket

Hanlin area of th« Sit* to biological »ys tarns aff«cby th* Site;

(5) proposed soil cleanup levels sufficient to protectpublic health, welfare, and the environment;

(6) a proposed schedule for expeditious implementation ofthe soil contamination study described in Paragraph8.3.£.b. (1-5) above*

c. Applicable and Relevant and Appropriate Reuirement*

(1) a listing and discussion of applicable and relevant andappropriate requirements, for contaaination at theHanlin area, including those which require cleanuplevels or protection standards set forth in applicableNational Pollution Discharge Elimination System("NPDES") or other applicable permits.

Implement the EPA-approved EE/CA work plan as described inParagraph 3.3.2.1, above, according to th* EPX-approved schedule.

twithin ninety (90) calendar days of the EPA-approved date forcompletion of the activities required by the EFA-approved EX/CAwork plan, submit to EPA for approval an ES/CA Report whichutilizes the information obtained by the implementation of tb~EK/CA work plan and provides the following? .a. Executive summary of report contentsb. Site characterization, including;

(1) Sits description and background(2) Previous removal actions and closure of wasts units(3) Source, nature and extent of contaaination(4) Analytical data(3) Streamlined human health and ecological risk evaluation

c. Identification of Removal Action Objectives(1) Proposed removal scops•(2) Proposed removal schedule

d. Idsntif ication and Analysis of Removal Action Alternatives

(1) Effectiveness/

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Haalini-Allied-Oiin Site/Hanlin Area Docket fXXX-93-ss-oc, ; (2) Implementability

(3) cost ,, :t

e. Comparative Analysis of Removal Action Alternativesf. Recommended Removal Action Alternative

8.4 Respondent shall submit to ETA for approval the specified RAPSdescribed in Paragraphs «.3(A-D> above and the EE/CA described in Paragraph8.3 E above detailing the actions to be implemented for the items specifi«din paragraph 8*3 above. To the extent that information concerning thedetails of a particular item does not yet exist so it can be described inthe appropriate RAP or EE/CA, the RAP or EE/CA shall set forth anexpeditious schedule and plan for submittal of any RAP or EE/CAsupplement(s) to EPA, which supplements shall fully detail such items*Hereinafter, all references to the review, approval and enforcement of anyRAP or EE/CA shall also be applicable to any supplement (s). The RAP orEE/CA shall include, among other things, a schedule for expeditiousperformance of such response actions. The RAP or EE/CA shall be consistentwith the NCP and shall be subject to approval by EPA according to theprovisions of paragraphs 8.5 and 8.9 below.0.9 EPA will review each RAP or EE/CA submittal (Work Plan, Report) andnotify the Respondent of EPA's approval or disapproval. In the event ofdisapproval, EPA will specify the deficiencies in writing. The Respondent

\. i shall respond to and correct the deficiencies identified by EPA andx ~/ resubmit the RAP or EE/CA to EPA within fifteen (15) business days ofreceipt of EPA disapproval or such longer time as may be specified by EPAin its discretion. Exercise of EPA's discretion with respect to suchperiod shall not be subject to the dispute resolution procedures set forthin Section XII of this Consent Order. Approval, disapproval and/ormodification by EPA of any subsequent RAP or EE/CA submission shall beaccording to the provisions of Paragraph 8.9 below.8.6 within fifteen (15) business days of receipt from EPA of writtenapproval to proceed with implementation of the EPA-approved RAP or EE/CA("written approval to proceed"), the Respondent shall begin implementationof such RAP or EE/CA in accordance; with EPA-approved schedule therein, andshall further complete implementation of such RAP or EE/CA in accordancewith the Plan and schedule therein. In the event EPA determines that anyportion of the* response action performed is deficient, and EPA requiresRespondent to correct or re-perform such portion of the response actionpursuant to this Consent Order, Respondent shall correct or re-perform suchresponse action or portion of the response action in accordance with aschedule provided by EPA*8.7 Beginning thirty (30) calendar days from the effective date of thisorder and every thirty (30) calendar days thereafter, or such longerinterval as may be determined in writing by the EPA Project coordinatordesignated pursuant to Section IX, and until EPA advisee Respondent thatthe Work is complete, the Respondent shall provide EPA with a progress

13

AR300060

aaaiia-Allied-Olia Site/Baalin Area Docket mi-»)-9S*ocreport for each preceding 30-day period or if applicable, tha pariodspacifiad in writing by tha EPA Projact Coordinator. In special -circumstances whan axtanaiva work is baing parformad by tha Respondent theEPA Projact Coordinator may require Raspondant to provida progress rsnortsfor an interval as short as avary. 14 days, EPA shall provida Raspondantwith notica that progress reports must ba submitted at intervals less than30 days. Tha progress reports shall include, at a minimum: l) adescription of tha response action completed and tha actions that have beentaken toward achieving compliance with this Consent Order, includingmeasures to prevent pollution as described in paragraph 8.3 above; 2) adescription of all data anticipated and activities scheduled for the next30 calendar days or if applicable, the period specified in writing by thaEPA Projact Coordinator; 3) a description of any problems encountered oranticipated; 4) any actions taken to prevent or mitigate such problems; 5)a schedule for when such actions will be completed; 6) copies of allanalytics iata received during the reporting period; and 7) allmodif icat s to tha response action, any RAP or 2B/CA and schedule made inaccordanc ;ith Section XIV to this Consent order during the reportingperiod.3*8 Documents, including plans, reports, sampling results and othercorrespondence to ba- submitted pursuant to this Consent Order shall ba sentby certified or overnight mail to the EPA Project Coordinator designatedpursuant to Section IX. A copy of all documents shall also be similarlysent to tha appropriate; project manager of tha Wast Virginia Division ofEnvironmental Protection.3.9 All reports, plans, approval letters, specifications, schedules ai jattachments required by this consent Order are subject to EPA approval >rtdshall ba deemed incorporated into this Consent Order upon approval by EPA.In the event that EPA approves a portion of any RAP or E8/CA, report orother item required to be submitted under this Order, tha approved portionshall ba enforceable under this order. In the event of conflict betweenthis Consent order and any document attached hereto, incorporated in orenforceable haraundar, tha provisions of this Consent Order shall control.In tha event that EPA disapproves any required submission, EPA will (1)specify tha deficiencies in writing, and/or (2) submit its ownmodifications to the Respondent to accomplish the work outlined inparagraph 8.3 above. Respondent shall amend and submit to EPA a revisedsubmission that responds) to and corrects the specified deficiencies withinfifteen (13) business days of receipt of EPA disapproval or such longertime as may ba specified by EPA in its unreviewable discretion. Exerciseof EPA's discretion with respect to such period shall not be subject to th«dispute resolution procedures set forth in section XXI of this consentorder. In the event that EPA submits its own modifications to theRespondent, the Respondent is hereby required to implement sue*modifications within fifteen (13) business days of receipt of suchmodifications, or such longer time as may be specified by EPA in itsdiscretion.- Any non-compliance with EPA-approved reports, plans,specifications, schedules, attachments, or submission of deficientrevisions following EPA disapproval, or non-compliance with an EPA-require.modification shall be> considered * failure to comply vit* a requirement ofthis Consent Order. Deteraination(s) of non-compliance will be made b» \

. 14

f lR30006 l

Hanlin-Alliad-Olin Site/Hanlin Area Docket fxxx-*3-ls-DC8.10 In addition to the reports required by this Order, Respondent shallprovide to EPA, upon written request, any and all inrormaiioS°2nS SocSm.nt.in their possession, custody or control related to the Site includina butnot limited to. Site analytical data (inclu i&g raw ata)! Siti safetydata. Site monitoring data, operational logs, copies of all hazardous wastemanifests (including copies of all hazardous waste manifests signed uponreceipt of the hazardous wastes by a licensed treatment, storage ordisposal facility), the identity of treatment, storage and/or disposalfacilities used, the identity of transporters used, the identity of anycontractors, subcontractors and supervisory personnel used, information anddocuments concerning Respondent's compliance with Quality Assurance andQuality Control requirements of this Consent Order, information anddocuments relating to Respondent's efforts to secure access, andinformation and documents relating to any project delays. Nothing hereinshall be interpreted as limiting the inspection and information-gatheringauthority of EPA under Federal law.8.11 within thirty (30) calendar days of the date Respondent concludes ithas completed implementation of all RAPs and the EE/CA required byparagraph 8.3, Respondent shall submit a written Final Report to EPA,subject to EPA approval described in paragraph 8.9 above. The writtenreport shall detail the work undertaken to implement any RAP or ES/CA,including a description of measures undertaken to prevent pollution inaccordance with paragraph 8.3 of this Order, and shall be certified byRespondent in accordance with the terms of Section XXIX, below. EPA willreview the adequacy of Respondent's implementation of any RAP or EE/CA andaccomplishment of response action specified in paragraph 8.3 above. EPAwill notify Respondent, in writing, of any discrepancies in the FinalReport or deficiencies in the execution of any RAP or EZ/CA and the actionsrequired to correct such discrepancies or deficiencies. Within thirty (30)calendar days of receipt of notification by EPA or as otherwise specifiedby EPA, Respondent shall'amend the Final Report or develop an additionalplan or amend any existing RAP or EE/CA to address such discrepancies ordeficiencies and Respondent shall perform such corrective actions in amanner consistent with the NCF and all applicable Federal laws andregulations. Any additional plan or amendment to the any RAP or EE/CA willbe subject to the approval procedures outlined in paragraphs 8.5 and 8.9above.8.12 Respondent shall not handle or remove any hazardous substances fromthe Site except in conference with the terms of this Consent Order and alJapplicable Federal, State and local laws and regulations, as required bythe NCP. Any hazardous substance, pollutant or contaminant transferred foidisposal off-site as a result of this order must be taken to a facilityacceptable under EPA'e Off-Site Policy (58 Federal Register 49200-(September 22, 1993)) in accordance with any rule or regulation promulgate<pursuant to Section 121(d)(3) of CERCLA, 42 U.S.C. § 9C21(d)(3).8.13 Respondent shall not commence any work except in conformance with th<terms of this Consent Order. Respondent shall not commence implementationof any RAP or EE/CA developed hereuhder until receiving written EPAapproval to proceed.

15

AR300062

Haalin-Allied-Olia Site/Eaalia ATM fiockatJ'1? R«*P°ndent shall immediately notify EPA's Project Coordinator and tNational Response Center [ (800) 424-8802] and any other pirl£ rSqutreS bylaw in tho. ovont ot any action or occurrence during th* pendincy of thisConsent Ordar which causes or threatens to cause an additional release ofhazardous substances, pollutants or contaminants on, at, or from the siteor which may create a danger to public health, welfare or the environment!8,15 In the event that EPA believes that response action or other currentactivities at the site by the Respondent is causing or Bay cause a releaseor potential release of hazardous substances, or are a threat to publichealth or welfare or to the environment, EPA may, at its discretion,immediately halt or modify such response actions or other activities toeliminate or mitigate such actual or potential release or threat.

IX. DESIGNATED PROJECT CQQUDINATORfl

9.1 Respondent shall designate a Project Coordinator and shall notify EPIof such designation no later than five (5) calendar days after theeffective date of this consent order* Designation of a Project Coordinatoishall not relieve Respondent of its obligations to comply with therequirements of the Order. The Respondent's Project Coordinator shall be ttechnical and/or managerial representative of the Respondent and may be acontractor and/ or consultant; provided, however, the Respondent's ProjectCoordinator shall not be a legal representative of the Respondent in thismatter. The Project Coordinator for EPA designated pursuant to thisSection and the Project Coordinator for the Respondent shall be responsiblfor overseeing the Work. To the maximum extent possible, communicationsbetween the Respondent and EPA and all documents concerning the activitiesperformed pursuant to the terms and conditions of this Consent Order,including plans, reports, approvals , and other correspondence, shall bedirected to the Project Coordinators*9.2 The Project Coordinators for EPA are

For RAPa described in Paragraphs 8.3fA-Pi»

Christine WagnerU.S. Environmental Protection Agency (3HW33)841 Chestnut BuildingPhiladelphia, PA 1910?For th* fflE/CA described In Paragraph B . a f E l t

EugeneU.S. Environmental protection Agency (3HW41)841 Chestnut BuildingPhiladelphia, PA 19107

9.3 Respondent shall have the right to changs Its Project Coordinator.Such a changs shall be accomplished by notifying an B*A Project Coordinatin writing at least fiv« (5) calendar days prior to the change.9.4 EPA shall hav* ths right to change either or both of its Project

• .- x. .

AR300063

Hanlia-Alli«d-01i& Site/Raalin Area Docket 4XXX-93-SS-DCcoordinators at any time without prior notice to Respondent. EPA's in*is to notify thy Respondent as soon as practicable f 5 llowing any suchchange of a Project Coordinator. s»*«w«ig any such

9.5 The absence of an EPA Project Coordinator from the site shall notcause for the stoppage or delay of Work except when such stopnaae oris specifically required by EPA. ¥¥ *

9.6 The EPA Project Coordinator shall hav* the authority to halt or modifyWork or other activities performed by Respondent at the Site to eliminate arelease or threat of release of hazardous substances. Such direction by anEPA Project Coordinator may be given verbally or in writing, if suchdirection is given verbally, the EPA Project Coordinator will latermemorialize such direction in writing.

X«

10.1 The Respondent shall use quality assurance, quality control, andchain of custody procedures in accordance with the following documentswhile conducting all sample collection and analysis activities required bythis Consent Order t »

(a) "EPA NEiC Policies and Procedures Manual1* (EPA Document 330/9-78-001-R (revised November 1984));

(b) "Interim Guidelines and Specifications for Preparing Quality v JAssurance Project Plans,* (QAMS-005/30 (December 1980)); -

(c) "QA/QC Guidance for Removal Activities, * (EPA/540/G-90/004 (April1990)) and;

(d) A Compendium of Superfund Field operation* Methods* (OSWERDirective 9355-0*14 (December 1987))*

The Respondent shall consult with EPA in planning for, and priorto, all sampling and analysis required by the approved RAP. The Respondentshall use a laboratory (s) which has a documented Quality Assurance Programthat complies with EPA guidance document QAMS-005/30.

XX* ACCESS

ll.l As of the) effective date of this Consent Order, Respondent shallprovide to each other, and to EPA and its employees, . agents, consultants,contractors, and other authorized and/or designated representatives, forthe purposes of conducting and/or overseeing the Work, access to allproperty owned or controlled by Respondent wherein Work must be undertaken.such access shall permit EPA and its employees, agents, consultants,contractors, and other authorized and designated representatives to conductall activities described in paragraph 11.3 of this Consent Order.

17

AR30Q061*

Hanlin-Allied-Olin Site/Banlia Area Docket fZZZ-*3~S3-oc11.2 To the extent ;that property wherein Work;must be undertaken ispresently owned or controlled by parties other than the Respondent, theRespondent shall use its best efforts to obtain Site access agreements fromthe present owners. Such access agreements shall be finalized as soon ASpracticable but no later than 10 calendar days after receiving EPA'swritten approval to proceed. Such agreements shall provide reasonableaccess for the Respondent and its employees, agents, consultants,contractors and other authorized and designated representatives to conductthe work, and for EPA and its designated representatives to conduct theactivities outlined in paragraph 11.3 below. In the event that anyproperty owner refuses to provide such access or access agreements are notobtained within the time designated above, whichever occurs sooner, theRespondent shall notify EPA at that time, in writing, of all efforts toobtain access and the circumstances of the failure to obtain such access.EPA may then take steps to provide such access.11.3 In accordance with law and regulation, as appropriate, EPA and itsemployees, agents, contractors, consultants and other authorized anddesignated representatives shall have the authority to enter and freelymove about the location where the response actions and/or Work is beingperformed at all reasonable times for the purpose of, inter aliasinspecting Work, inspecting records, operating logs, and contracts relatedto the Site; reviewing the progress of the Respondent in carrying out theterns of this Consent Order; conducting such testa as EPA deems necessary;using a camera, sound recording or. other documentary type equipment; andverifying the data submitted to EPA by the Respondent. The Respondentshall permit such persons to inspect and copy all records, files,photographs, documents, and other writings, including all sampling andmonitoring data, in any way pertaining to the Work.11.4 Respondent may make a claim of business confidentiality forinformation submitted pursuant to this Order in the manner described in 40C.F.R. S 2.203(b). Such an assertion shall be adequately substantiated inaccordance with 40 C.F.R. S 2.204(e)(4) at the time the assertion is made.Information subject to a confidentiality claim shall be made available tothe public by EPA only in accordance with the procedures set forth in 40C.F.R. Part 2, Subpart B. If no such claim of business confidentialityaccompanies the information vhen it is submitted or Bade available to EPA,it may be made available to the public by EPA without further notice toRespondent. ' ^ '. V.11. S Ths Respondent may withhold those record* and documents-covered byany privilege or protection under federal lav applied by federal court* inactions commence* by the united States. In the event that the Respondentwithholds * document as privileged, the Respondent shall provide EPA withthe title of ths document, ths dats of the document, th* name(s) of theauthor(s), and address«e(s)/recipient(*), a description of th« nature ofthe document, and identification of the privil«gs asserted at the time suedocument is. withheld.11.6 No such claim of confidentiality or privilege shall b« made regardirany data required to be submitted pursuant to this Order, including, butnot limited to sampling, analytical, monitoring, hydrogeologic,. scientific

18

f lR300065

Haalia-Allied-olia site/Baalia Area Docket mx-t3-ss-DCchemical or engineering data, or documents or Information evidencingconditions at or around the Site, such as weekly reports, the final reoV Jand information for the administrative record. Nor shall such claims bemade for analytical data, Site safety data. Site monitoring data, 'operational logs, hazardous waste manifests, identities of treatmentstorage, and/or disposal facilities used, identities of transporters used.identities of any contractors or subcontractors used which information isrequired to be submitted pursuant to this Order.

11.7 Notwithstanding any provision of this order, EPA retains all of itsaccess and information-gathering authorities and rights under CERCLA andany other applicable statute and regulation.

III. DISPUTE RBaOLUTTOli

12.1 Except as provided elsewhere in this Consent Order, if the Respondentobjects to any EPA notification of deficiency, disappr /al or other EPAaction taken pursuant to this Consent Order, including millings foroversight costs, the Respondent shall notify EPA in writing of itsobjection(s) within fourteen (14) calendar days of receipt of suchnotification or action*12.2 EPA and the Respondent shall have fourteen (14) calendar days fromthe receipt by EPA of the notification of objection to reach agreement.Respondent shall b« given an opportunity to confer with, the Director of theOffice of super fund Programs. If agreement cannot b* reached on any issuewithin this fourteen (14) day period, SPA will provide a written state****of its decision to the Respondent. Respondent's obligations under thi jConsent Order shall not b* tolled by submission of any objection for ss*_xdispute resolution under this Section XXI.12.3 In order to prevail in any dispute regarding oversight costsotherwise payable by Respondent under this Order, Respondent mustdesonstrata that the. costs have been calculated incorrectly or have beenincurred in a manner inconsistent with the NCP.12.4 Following resolution of the dispute, as provided by this Section XIX,Respondent shall perform the work that was the subject of the dispute inaccordance- with the agreement reached or EPA's decision. To the extentthat Respondent doe» not prevail upon resolution of any dispute involvingcontested costs. Respondent shall submit to EPA within fourteen (14)calendar days of receipt of such resolution all outstanding oversight costdetermined to bjp owed to EPA, including; any accrued interest, as specifiedin paragraph 1371 b«lov.12.5 Notwithstanding any other provision of this consent Order, no actionor decision by EPA pursuant to this Consent Order shall give rise to anyright to judicial review except a* set forth in Section 113 (h) of CERCLA,42 U.S.C. $- 9613(h).

AR300066

Kaalia-Allied-Olia Site/Kaalin Area Docket *xxx-«3-Sft-OCPEIAT IK PERFORMANCE AND

13.1- For each day, or portion thereof, that Respondent fail* to complywith any requirement of thi» Consent Order at the time and in the mannerset forth herein, the Respondent shall be liable upon demand to EPA for thesums set forth below as stipulated penalties. Checks shall be made payableto the "Hazardous substance Superfund" and checks shall b% transmitted to:

U.S. Environmental Protection Agency, Region IIIAttention: Superfund Accounting

P.O. Box 360515Pittsburgh, PA 15351-6515

Payment shall be made by cashier's or certified check within thirty (30)calendar days of receipt of demand. Interest at the rate of the currentannual i ted treasury bill rate shall begin to accrue on the unpaid balanceat the end of the thirty day period pursuant to Section 107 (a) of CERCLA,42 U.S.C. S 9607(a). A copy of the transmittal letter shall be sentsimultaneously to the EPA Project Coordinator. A copy of the transmittalletter and check shall be sent simultaneously tot EPA Region III RearingClerk (3RCOO), «4l Chestnut Building, Philadelphia, PA 19107.13 . 2 stipulated penalties shall accrue per violation per day inaccordance with the following schedule tPeriod of Non-Compltanc« ___________ Penalty

1st through 15th day $2,000.0015th through 30th day . $3,000.003 1st day and each day, thereafter $5,000.00Neither the accrual of, nor demand for stipulated penalties set forth inthis Section XIII shall preclude EPA froa pursuing other penalties orsanctions available to EPA for Respondent's failure to comply with therequirements of this Consent Order. .13.3 To the extent that the Respondent prevail* in any dispute resolutionpursuant to Section XII above, penalties will not be assessed by EPA formatters settled in Respondent's favor by the dispute resolution.

XZT* MttCa MM1URM MIP KQTtTTCMIQM O> PBIAT

14.1 The Respondent, through, its Project Coordinator, shall notify EPA oiany delay or anticipated delay in achieving compliance with any cequiremerof this Consent order. Such notification shall b« made verbally as soon ipossible but not later than two (2) business days after Respondent becomesaware or should have become aware of any such delay or anticipated delayand in writing no later than seven (7) business days after Respondentbecome aware, or should have become aware, of such delay or anticipateddelay. Such written notification shall b« certified by the ProjectCoordinator in accordance with Section XXII of this Consent order and sha.

, describe fully the nature of the delay, including how it may affect the20

AR300067

Hanlia-Alliad-Olia Site/Haalia Area Docket mx-i3-ss*DCWork, any RAP or EZ/CA and schedule; the actions that will be or have btaken to mitigate, prevent, and/or minimize further delay; and the ^timetable according to which the future actions to mitigate, prevent and/orminimize the delay will be taken. The Respondent shall ensure that theirProject Coordinator provides Respondent with immediate notification of anyproject delays. The Respondent shall adopt all reasonable measures toavoid and minimize such delay.

14.2 To the extent Respondent intends to claim that any delay oranticipated delay described by Respondent in accordance with paragraph 14.1was or will be caused by circumstances beyond their control, Respondentshall, within fourteen (14) calendar days after the Respondent becomesaware or should have become aware of such delay or anticipated delay,submit to EPA a "Notice of Force Majeure" in which Respondent fullydemonstrates that the delay was caused by circumstances beyond theircontrol which could not have been overcome by due diligence, the necessityof tho proposed length of the delay, and that the Respondent took and istaking all reasonable measures to avoid and minimize delay. The Respondentshall have the burden of proving these factors to EPA* Any "Notice ofForce Majeure11 shall be certified by a responsible official of Respondentpursuant to paragraph- 22.l(b) of this Consent Order*14.3 Any such delay that EPA determines (1) has resulted or will resultfroa circumstances beyond the control of Respondent and (2) that could notand cannot be overcome by due diligence on the Respondent's part, shall notbe deemed to be e violation of Respondent's obligation(s) under thisConsent Order, and shall not subject Respondent to stipulated penaltierunder this Consent order for that particular delay. In such event, thv jschedule affected by the delay shall be- extended for a period EPA deem**-'necessary to complete the Work on an expedited basis, but no greater than aperiod equal to the delay directly resulting from such circumstances.Increased costs, of performance of the requirements' of this Consent Order orchanged economic circumstances shall not bs considered circumstances beyondthe control of the Respondent. Delay in one item or component of Work, orany RAP or EB/CA does not necessarily justify delay in timely achievementof other items or components. Each such item must b* separately addressedand delay substantiated according to the provisions of paragraphs 14.1 and14.2 above*14.4 Failure of the- Respondent to comply with the notice requirements ofparagraphs 14.1 and 14.2 above shall constitute a waiver of theRespondent's right to invoke the benefits of this Section with respect tothat event. ^14.5 in ths event that EPA and the Respondent cannot agras that any delayin compliance vita th* requirements of this Consent Order has been or willbe caused by circumstances beyond 'ths control o« ths Respondent that cannotbe overcome by due diligence, ths dispute shall b* rssolved in accordancewith ths provisions of Section XII (Disputs Resolution) of this Consentorder.-

21

AR300068

Haalia-Allied-Olia Site/Eaalia Area Docket mi-t3-SS-OC

RESCTVATIOIf Of RTCTmf . * T " • • • ^-^* ; " - - . - - , .

15.1 Except as expressly provided in this Consent order, (i) all partiesreserve all rights, claims, interests and defenses it may otherwise haveand (2) nothing herein shall prevent EPA from seeking legal or equitablerelief to enforce the terms of this Consent Order, including the right toseek injunctive relief and/or the imposition of Statutory penalties'

15.2 As provided by this Consent Order, EPA expressly reserves its rightto disapprove of Work performed by Respondent; to halt Work being performedby Respondent if Respondent has not complied with any approved RAP or EE/CAor this Consent Order, or at any time EPA deems necessary to protect publichealth, welfare or the environment and to perform such Work; and to requestand require hereunder that Respondent corrects and/or re-performs any andall Work disapproved by EPA; and/or to request or require that Respondentperform response actions in addition to those required by this ConsentOrder. Further, EPA reserves the right to undertake response action at anytime EPA deems appropriate. In the event EPA requires Respondent, andRespondent declines, to correct and/or re-perform work that has beendisapproved by EPA and/or to perform response actions in addition to thoserequired by this consent Order, EPA reserves the right to undertake suchactions and seek reimbursement of the costs incurred, and/or to seek anyother appropriate relief. In addition, EPA reserves the right to undertakeremoval and/or remedial actions at any time that such actions areappropriate under the NCP and to seek reimbursement for any costs incurredand/or take any other action authorised by law.

• is.3 EPA reserves the right to bring an action against ths Respondent forrecovery of all recoverable costs incurred by the United States related tothis Consent Order which are not reimbursed by the Respondent, as well asany other coats incurred by the United States in connection with responseactions conducted at the site.15.4 This Conssnt Order concerns certain response actions (work describedin section VIII, above) concerning the Site. Such response actions mightnot fully address all contamination at the Sits* Subsequent responseactions which may be deemed necessary by EPA are not addressed by thisConsent Order. EPA reserves all rights including, without limitation, theright to institute legal action against Respondent and/or any other partialin connection with the performance of any response actions not addressed b>this consent Order. .15.5 Nothing in this Consent Order shall limit the authority of the pAProject Coordinators in accordance with their duties as outlined in the NCland CERCIA. .

^^^^^B h BBAMI K ^hV A ^P4tf^eXVI • OTHBJl CIAIMS

16.1 Nothing in this Conssnt Ordsr shall constitute or b« construsd as arelease from any claim, causs of action or demand in !«* or squity »9*in«any person, fira, partnership, or corporation not bound by this Consent

i Order for any liability it may havs arising out of or relating in any way22

AR300069

Hanlin-Alliad-oiiB aite/Raalia Area Docket mx-»3-ss-octo the generation, storage, treatment, handling, transportation, releasor disposal of any hazardous substances, hazardous wastes, pollutantscontaminants found at, taken to, or taken from the Site.

IS. 2 This Consent Order does not constitute any decision onpreauthorization of funds under Section lli(a) (3) of CERCLA, 42 u s c c96ll<a)(2). ' «•»•<.. i

16.3 By consenting to the issuance of this Consent Order, the Respondentwaives any claim to reimbursement they may have under sections I06<b) . inand 112 of CERCLA, 42 0.3. C. 'SS 9606<b), 9611 and 9612.

Z7XZ. QTHm IAW*

All WorJc shall be undertaken in accordance with the requirements ofall applicable and/or relevant and appropriate local, state, and Federallaws and regulations, as required by the NCP.

Z7ZZZ. BTTECTtVa PATS MIP BOTflgQUEM MQPT»te*TTQM

13.1 The effective date of this Consent Order shall be the date on whichit is signed by EPA. »

18.2 This Consent Order may be amended by mutual agreement of EPA and theRespondent* Such amendments shall b* in writing and shall have as theireffective date the date on which such amendments are signed by EPA.Modifications to any EF A- approved RAP or E2/CA and its implementation \ ibs made by mutual agreement of the Project Coordinators. Such x~xmodifications shall be memorialized in writing by the Project coordinators.13*3 Any reports, plans, specifications, schedules, or other submissionsrequired by this Consent Order are, upon approval by EPA, incorporated intothis Consent Order. Any non-compliance with such EPA- approved reports,plans, specifications, schedules, or other submissions shall be considerednon-compliance with th* requirements of this Consent Order and will subjectthe Respondent to th* requirements of Section XZZZ (Delay in Performanceand Stipulated Penalties) , above* Determinations of non-compliance will bemad* by EPA.13.4 Ho informal advic*, guidance, suggestion* or comments by EPAregarding reports, plans, specifications, schedules, or other submits ionsby th* Respondent or th* requirements of this Consent Order will b*construed a* relieving th* Respondent of its obligation to obtain formalapproval whan- required by this consent Order, and to comply with th*requirement* of this Consent Order unles* formally modified.

2ZZ. LIMTI.ITY 09 TH» TOMB*

19.1 Neither th* Unitad State* Government nor any ag*ncy tharaof shall b*liable for any injuria* or damage* to parson* or prop*rty rasulting fromacts or omission* of Respondent, or of it* employees, agents, servants,receivers, successors, or assigns, or of any person*, Including, but r

23

A R 3 0 0 0 7 0

Haalia-Allied-olia flite/Kaalia Area Docket *xxx~«3-ss-DClimited to firms, corporations, subsidiaries, contractors, or consultantsin carrying out the Work, nor shall the United states Covirnment or anyagency thereof be held out as a party to any contract entered into bvRespondent in carrying out the Work. y

XX. IKPEHKITICATTOy Aim gftt.t»

20.1 Respondent agrees to indemnify and hold harmless the United statesits agencies, departments, agents, officers, employees and representativesfrom any and all causes of action caused by any acts or omissions ofRespondent or its contractors in carrying out the response action.

XXX. MiMBPttflnmiy OT COSTS21.1 EPA shall submit to Respondent . periodic and/or a final accountings)of oversight costs incurred by the 0.8. Government with respect to thisConsent Order. Oversight costs shall consist of all costs, includingindirect costs, incurred by BPA, its employees, agents, contractors,consultants and other authorized and/or designated representatives inconnection with EPA's oversight of the Work.21.2 Respondent shall, within thirty (30) calendar days of receipt of theaccounting, remit a check for the amount of those costs which Respondentare obliged by law to pay, made payable to the "Hazardous SubstanceSuperfund*. Interest at a rate established pursuant to Section 107 (a) ofCERCLA, 42 U.S.C. S f607(a| shall begin to accrue on the unpaid balancefrom the day after the expiration of the thirty-day period notwithstanding

v ) any dispute or an objection to any portion of the costs. Checks shall^-^ specifically reference the Site and shall be transmitted as specified in

Section XIII of this Consent Order.XXII. CBRTITICXTIOM CT COKPLIMTCa

22.1 (a) Unless otherwise required by the terms of this Order, any noticireport, certification, data presentation, or other document submitted byRespondent under or pursuant to this Consent Order, which discusses,describes, demonstrates, or supports any finding or makes anyrepresentation concerning Respondent's compliance or non-compliance withany requirement (s) of this, Consent Order shall be certified by theRespondent, a responsible official of the Respondent or by the ProjectCoordinator for the Respondent. The term "responsible official" means x (a president, secretary, treasurer or vice-president of the corporation incharge of a principal business function, or any other person who performssimilar policy or decision-making functions for the corporation, or (ii)the manager of one or more manufacturing facilities employing move than 2persons or having gross annual sales or expenditures exceeding $35 millie(in 1987 dollars whan the consumer price index warn 345.3), if authority tsign documents has been assigned or delegated to the manager in accordancwith corporate procedure*. Th« responsible official of a partnership orsole proprietorship means the* general partner or th» proprietor,respectively*

24

f lR30007 l

EaaliarAllied-Olia Site/Haalia Area Docket mt*93-S3-DC

(b) The written Final report required by paragraph a.il of this "consent Order, any written notification described in paragraph 12.1 of thi»Consent order, and any "Notice of Force Majeur*», described In paragraph14.2 of this Consent Order, shall be certified by each Respondent or aresponsible official of each Respondent.

, certification required by paragraph 22.x of this Consent Ordershall be in the following fora:

I certify under penalty of law that this document and allattachments hereto were prepared under my direction orsupervision in accordance with a system designed to assurethat qualified personnel properly gather and evaluate theinformation submitted.Based on my inquiry of the person or persons who manage suchsystem, or those persons directly responsible for gatheringthe information, the information submitted is, to the bestof my knowledge and belief, true* accurate, and complete.I am aware that there are significant penalties for*submitting falsa information including the possibility offines and imprisonment for knowing violations.

SignaturesName- (printTTit let •

22.3 Submission of documents pursuant to this Consent Order which arefound by EPA to contain false information shall constitute a failure tocomply with, this Consent Order and shall subject Respondent to stipulatedpenalties whether or not a responsible official of Respondent has certifiedthe document.

XX1IX. SHIPMENT Of HMAMOP* 8UBflTXMCM

23.1 Respondent shall, prior to any off-site shipment of hazardoussubstance* from the) Site) to an out-of- state waste management facility,provide written notification to the appropriate state environmentalofficial in the receiving state and to EPA' a Project Coordinator of suchshipment of hazardous substances. However, the notification to EPA ofshipment* shall not apply to any such off -site shipments when the totalvolume of all SUCQ shipments will not exceed ten (10) cubio yards'.Notifications to States in those circumstance* shall be governed byapplicable state lav*23.2 The notification required by paragraph 33.1 shall be in writing, andshall include the following information, where available: (1) the name an*location of the facility to which the hazardous substance* are to beshipped; (3) the type and quantity of the hazardous substance* to beshipped; (3) the expected schedule for the shipment of the hazardous

25

AR300072

Haalia-Allied-Olia Site/Eanlia Area Docket mi-tl-ss-ocsubstances; and (4) the method of transportation of the hazardoussubstances. Respondent shall notify the receiving state of major changesin the shipment pla«v ;»uch as a decision td/ snip the hazardous substancesto another facility within the same state, or ti a facility in anith2rstate. ,

23,3 The identity of the receiving facility and state will be determinedby Respondent. Respondent shall provide all relevant information, -including information under the categories noted in paragraph 23.1, above,on the off-site shipments, as soon as practicable, but no later than three(3) business days before the hazardous substances are actually shipped.

XXIV. RECOUP

24.1 Respondent shall preserve all documents and information relating tothe Work performed under this Order, or relating to the hazardoussubstances found on or released from the Site, for ten (10) years followingcompletion of the response action required by this Order. In addition,Respondent shall also retain, as appropriate, monthly reports on analyticalservices pursuant to OSWER Directive No. 9240, 0-2B, "extending the Trackingof Analytical Services to Potentially Responsible Party-Lead SuperfundSites", (July «, 1992). At the end of this six year period and thirty (30)days before any document or information is destroyed. Respondent shallnotify EFA that such documents and information are available to tPA forinspection, and -upon request, shall provide the originals or copies of suckdocuments and information to EPA.

CRT. POST REMOVAL STT« CQHTHOI.

25.1 within thirty (30) calendar days of the date Respondent completesimplementation of the RAPs required by Paragraph 1.3 above. Respondentshall provide for post-removal Sits control consistent with Section300.415(k) of the NCP, 40 C.f.R. S300.4l5(k); and CPA's "Policy onManagement of Post Removal Sits Control", (OSWZR Directive 93(0.2-02(December 3, 1989)). Such activities shall include, but not be limited toarrangements with Stats or local governments for performance of actionsthat will ensure the integrity of the work performed at the Site pursuantto this consent Order through operation and maintenance, actions that willcontinuously restrict access to the Hanlin Ares, of the Sits, measures thatwill ensure continuous review of monitoring data, and measures which willensure containment of hazardous substances from the Site. For purposes ofthis paragraph, "arrangements with Stats or local governments for theperformance* of actions" shall mean submitting, by agreement or otherwise,to enforceable. Requirements determined by the Stats or local government tomeet ths criteria set forth in this paragraph, and shall include publicparticipation and documentation as required by the State or localgovernment and ths NCP.

tX7X» MQ ADMIBSTQttl

2«.l By sntsring into this Consent Order, or by taking any action inaccordance with It, Respondent doss not admit any of ths findings of fact,conclusions of law, datsrminatiens or any of ths allegations contained

26

f tR300073

Haalia-Allied-Olia iite/H*nlin Area Ooektt mx-»3-ss-DCherein, nor does Respondent adatt liability or admit any issues of law a jfact or any responsibility for the HI aged release or threat of release dr'any hazardous substance into the environment. Notwithstanding any oth*rprovision of this Consent Order, Respondent agrees not to contest EPA'sauthority or jurisdiction to issus or enforce this Consent Order in anyproceeding, to enforce the terms of this Order. The participation of anyRespondent in this Consent Order shall not be admissible against anyRespondent in any judicial or administrative proceeding, except in anaction by EPA to enforce the terms of this Consent Order, or in actions towhich SPA is a party which allege injury based, in whole or in part, onacts or omissions of Respondent in connection with performance under thisConsent Order.26.2 By signing and consenting to this Consent Order or by taking anyactions pursuant hereto. Respondent does not concede that any investigationor action at the sits is necessary to protect th« public health or welfareor the environment, or for any other reason; that the methodologies orprotocols prescribed by the applicable EPA guidance or described or notedherein or otherwise required by the EPA for performance of work pursuanthereto are the only ones appropriate for the proper conduct of such work;or that a release or threatened release of hazardous waste or substance atthe Site may present an imminent and substantial endangerment to the publichealth or welfare or to the environment. Respondent has agreed to* thisConsent Order to further the public interest in avoiding unnecessaryconflict or litigation between the parties*

XZ7XZ. PmPTMlTTQHSj

27.1 "Business days* as used in this Order shall mean every day of theweek except Saturdays, Sundays and federal holidays.27.2 "Calendar days1* as used in this Order shall mean every day of theweek, including Saturdays, Sundays and federal holidays.27.3 "Days" as used herein shall mean •calendar days* unless specifiedotherwise.

27.4 All tens not defined herein shall have the meanings set forth inCERCIA and the NC9.

fc XZ7IX. HQTTCM Of CQMKiMTQM

When EPA determines, after EFA's review and approval of the FinalReport required pursuant to paragraph ».ll of this Order, that all responseaction specified in Section VIII of this Order ha* been fully performed andupon receipt of costs and penalties assessed by EPA, with the exception ofany continuing obligations* required by this order, Including thon,requirements specified in Section* XV ("Reservation of Rights"), XVI("Other Claims"), XIX ("Liability of the (bite* States"), XX("indemnification and Hold Harmless"), XXI7 ("Record Retention") and XXV("Post Removal Site Control"), EPA will provide a notice of completior

27

AR300071*

Hanlin-JUlied-Olin aite/Hanlin Area Docket IIZI**3-SS*DCthe Respondent*

- .<f* ' 'iW£. ""•" "•FOR THE RESPONDENT:

BY: CO. _ff C 'j t P DATE?Name: Don P. OeN<JbnTitle: Assistant Secretary /Operation* Manager

BOB TOB EPAl

OATBt

III

28

A R 3 0 0 0 7 5

R*alia*Alli«4-oiia site/Banlia Ar«a Docket /III-•i-as-rvr—'

FOR THS SPA:

BY:W. Micha«lRegional AdaintStratorR.gion IIIU.S. Environmental Protection Agency

DATB:

RR300076