UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D,C. 20460
MflR I 6 '993
OSWER Directive Number 9833.07
MEMORANDUM
SUBJECT:
FROM:
Model Unilateral Administrative Order for Removal
Response Activities
Bruce M. Diamond, Director,
Office.of Waste Programs Enforcement
Will
Off!
ite, Enforcement
of Enforcement
To:
Addressees
Counsel Superfund
Attached is EPA's final model unilateral'administrative order
(UAO) for removal response activities. This model order embodies
the language that EPA regional offices should use when issuing
removal UAOs.
The Regions and the various Headquarters offices provided
extensive input during the development of this model UAO. The
workgroup reviewed all drafts and submitted and reviewed all
comments for possible inclusion in the order. The workgroup gave
particular attention to creating a streamlined order which
includes language from other model documents.
Although regional use of the model
believe the model order should form the
UAO is not mandatory, we
core of any removal UAO
because the order represents a unified Agency position for removal
activities. We encourage all Regions to make good use of the
model order. •-•. •'••-. •-, , '• -.'./. •-.'•.; :-..'.
Finally, we thank you for your participation in helping to
develop this order and hope that you find this order useful.
Attachment
Addressees: Director, Waste Management Division
Regions I, IV, V, and VII
Received
FEB 01999
Enforcement & Compliance Docket
& Information Center
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Director, Emergency and Remedial Response Division,
Region II
Director, Hazardous Waste Management Division
Regions III, VI, VIII, and IX
Director, Hazardous Waste Division, Region X
Director, Environmental Services Division,
Regions I, VI, VII
Regional Counsel, Regions I-X
Henry L. Longest, II, Director, Office of Emergency
and Remedial Response
Earl Salo, Assistant General Counsel, Office of
General Counsel
Bruce Gelber, Deputy Chief, Environmental
Enforcement Section - Lands Division
cc; Regional Superfund Branch Chiefs
Model Removal Order Workgroup
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OSWER Directive Number 9833.07
MODEL UNILATERAL ADMINISTRATIVE ORDER FOR
REMOVAL RESPONSE ACTIVITIES
DATE: March 16, 1993
lliis document is solely intended as guidance. It does not
establish a binding norm and is not finally determinative of the
issues addressed. This document is not intended to be a synopsis
of principles of law. The policies and procedures in this
guidance do not constitute a rulemaking by the Agency, and nay
not be relied'on to create a substantive or procedural right or
benefit enforceable at lav by any person. The Agency nay take
action at variance with this guidance.
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DIRECTIONS
Information/sections/language is optional is contained in
brackets []. Notes, annotations and language which require
Regional specific, or site-specific variation or information are
identified in italics, parentheses (}, and underlined.
Optional: The Regions may identify the various sections with
either letters or numbers.
Office of Waste Programs Enforcement Contact: Fred Zimmerman
Telephone number: (703) 603-9063
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UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY
REGION Number
IN THE MATTER OF:
(Title of Sit&\
(Citv or Town. County,State1
(Name of Respondent(s))t
(ff fcttere are _
Respondents, reference an
attached list.1
Respondent: ( a)
UNILATERAL ADMINISTRATIVE
ORDER FOR REMOVAL RESPONSE
ACTIVITIES
U.S. EPA Region
CERCLA
Docket No.
Proceeding Under Section
106(a) of the Comprehensive
Environmental Response,
Compensation, and Liability
Act, as amended, 42 U.S.C.
§9606(a)
TABLE OF CONTENTS
[The Table of Contents section is optional.]
This Order is issued pursuant to the authority vested in the
President of the United States by section 106(a) of the
Comprehensive Environmental Response, Compensation, and Liability
Act of 1980, 42 U.S.C. S 9606(a), as amended ("CERCLA"}, and
delegated to the Administrator of the United States Environmental
Protection Agency ("EPA") by Executive Order No. 12580, January
23, 1987, 52 --Federal ReqJ.a£ejr 2923, and further delegated to the
Regional Administrators by EPA Delegation Nos. 14-14-A and 14-14-B
[and to the fIns&rt ftegj.pn.a4 tfeJCega, t^pn ^n.,fprpatjon if
applicajfrje.) ] -.
This Order pertains to property located at (address or descriptive
location of Site) in (City ox*_-T$irftr - gogj|jy. state,> the ."(ffjgnig).
Site" or the "Site". This Order reguires the Respondent(s) to
conduct rftw>val actions described herein to abate an imminent and
' substantial endangenoent • to-' the public health, velf are or the
environment that may be presented by the actual or threatened
release of hazardous substances at or from the Site.
EPA has notified the (S^afe or
(gtate) ) of this
action pursuant to section 106 (a) of CERCLA, 42 U.S.C, § 9606 (a).
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II. PARTIES BOUND
This Order applies to and is binding upon Respondent(s) [and
Respondent(')(s)(*) heirs, directors, officers, employees, agents,
receivers, trustees], successors and assigns, (Name one or more
of the parties identified in the brackets [] only if the party is
liable because it has significant decision-making authority,
control over the day-to-day activities of the facility, or other
similar involvements.) Any change in ownership or corporate
status of Respondent(s) including, but not limited to, any
transfer of assets or real or personal property shall in no way
alter Respondent(')s(') responsibilities under this Order.
the Order is issued to more than one Respondent, add the
indents are jointly aj
Order.
b one or more Resondent f si with any prov.is.ioji of
this Order shall not excuse or Justify noncompliqnce by any other
Respondent (s} . ")
Respondent (s) shall ensure that (its/ their) contractors,
subcontractors, and representatives receive a copy of this Order
and comply with this Order. Respondent (s) shall be responsible
for any noncompliance with this Order.
III. DEFINITIONS
[This section is optional. Regions should use the definitions
included in the Model RD/RA Consent Decree {OSWER Directive
9835.17), or the National Oil and Hazardous Substances Pollution
Contingency Plan, as amended 40 C.F.R. Part 300. Regions that do
not include definitions should identify terms as necessary, e.g. .
business days and calendar days].
IV. FINDINGS OF FACT
(Because Findings of .Fact are site-specific, no iqodel language is
provided. facfo» should be presented concisely.. accurately, and
Respondent ^g) . Regions should
include a dlgcugglon of the following po±nts: ldent±fd.catj,pn of
Respondent f B) . site location andf description . site history and
site ownership, enforcestentf hiffaoxy* general
of ResDORdenfB
SPA-
s and daa
t/9 rf» 1
'of
assessmentf a.ff&cted populations
for_ncc&ss_
not Jbe
__
Regions should make -thig information consistent with
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required in _ the Action' Mempr^^A'^^'^ffet;;!fo.rth, In -the ..... Action
Memorandum Guidance. OSWER Directive Number 9360.3-01. Regions
should gather the evidence necessary to. support the finding into
an administrative record . J?esrigns^hould provide a brief
description of the removal action being ordered and why it is
necessary to protect the public health* welfare, and the
ejivironn&nt . )
V. CONCLUSIONS OF LAW AND DETERMINATIONS
Based on the Findings of Fact set forth above , and the
Administrative Record supporting this removal action, EPA has
determined that:
1. The (name) Site is a "facility" as defined by section 101(9} of
CERCIA, 42 U.S.C. § 9601(9).
2. The contaminants found at the site, as identified in the
Findings of Fact above, include "hazardous substance (s) M as
defined by section 101(14) of CERCLA, 42 U.S.C. S 9601(14).
(Regions may list each chemical compound.)
3. Each Respondent is a "person11 as defined by section 101(21) of
CERCIA, 42 U.S.C. S 9601(21).
4. Each Respondent is liable under section 107 (a) of CERCIA, 42
U.S.C. § 9 607 (a). [Optional: Regions may specify each category of
liability under section 107. For example:
A. Respondent (s) (ffamej'sjl ) is (are) the "owner (s)n and/or
" operator (s)n of the facility, as defined by section
101(20) of CERCIA, 42 U.S.C. S 9601(20), and within the
meaning of section 107 (a) (1) of CERCIA, 42 U.S.C.
Section 9607 (a) (l) .
B. Respondent (s) (Nam&(s}) was (yere) a (the) "owner ( s) "
and/or "operator(s)11 of the facility at the time of
disposal of any hazardous substance described in this
section at the facility, as defined by section 101(20)
of CERCLA, 42 U.S.C. S 9601(20), and within the meaning
of section 107(a)(2) of CERCIA, 42 U.S.C. Section
107 (a) (2).
c. Respondent (s) (Name (s) ) arranged for disposal or
treatment, or arranged for transport for disposal or
treatment of hazardous substances at the facility, by
any other party, at any facility, and within the meaning
of section 107(a)(3) of CERCLA, 42 U.S.C. S 9607(a)(3).
D. Respondent (s) (fiajjejlsj.) accepts or accepted hazardous
substances for transport to the facility, within the
meaning of section 107(a)(4) of CERCIA, 42 U.S.C. S
9607 (a) (4).]
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(If a Respondent -(s) is not a^ liable party under section 107 ,
identify the Respondent (si and modify the determinations in this
paragraph as appropriate.)
5. The conditions described in the Findings of Fact above
constitute an actual or threatened "release" of ' a hazardous
substance from the facility as defined by sections 101(22) of
CERCLA, 42 U.S.C. § 9601 (22K (Regions may specify which
paragraphs In the Findings of Fact apply . )
6. The conditions present at the Site constitute an imminent and
substantial endangerment to public health, welfare, or the
environment . (Factors that may be considered are set f orth^Ln
section 300, 415 (bJ (2) of the National Oil and Hazardous substances
Pollution Contingency Plan, as amended. A(J ^FR Part 3OO ("NCP"}) .
[Optional: These factors include, but are not limited to, the
following: (Include Ojjjy fchose which
a. actual or potential exposure to nearby human populations,
animals, or the food chain from hazardous substances or
pollutants or contaminants; this factor is present at the
Site due to the existence of (identify) ;
b. actual or potential contamination of drinking water
supplies or sensitive ecosystems; this factor is present at
the Site due to the existence of (identify) ;
c. hazardous substances or pollutants or contaminants in
drums, barrels, tanks, or other bulk storage containers, that
may pose a threat of release; this factor is present at the
Site due to the existence of (Identify) ;
d. high levels of hazardous substances or pollutants or
contaminants in soils largely at or near the surface, .that
may migrate; this factor is present at the site due to the
existence of (identify) ; :
e. weather conditions that may cause hazardous substances or
pollutants or contaminants to migrate or be released; this
factor is present at the site due to the existence of
(identify! ;
f . threat of fire or explosion; this factor is present at the
Site due to the existence of
g. the unavailability of other appropriate federal or state
response mechanisms to respond to the release; this factor
supports the actions required by this Order at the Site
because (describe) ;
h. other situations or factors that may pose threats to
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public health or welfare or the environment; this factor is
present at the Site due to the existence of (identify) ] .
7. The actual or threatened release of hazardous substances from
the Site may present an imminent and substantial endangement to
the public health, welfare, or the environment within the meaning
of section 106(a) of CERCLA, 42 U.S.C. § 9606(a).
8. The removal actions required by this order are necessary to
protect the public health, welfare, or the environment, and are
not inconsistent with the NCP and CERCLA.
VI. ORDER
Effective Date: ( Insert da te ) (This Jate needs to be consistent
-fefce.. gtfcctive da£e jn Section XIX., Affective JPaJ:et.)
( The jrejBQygj actions card ered here should Jbe_ gonsisteo t_ yj th the
Action Memorandum /Decision Document) .
Based upon the foregoing Findings of Fact, conclusions of Law,
Determinations, and the Administrative Record for this Site, EPA
hereby orders that Respondent (s) comply with the following
provisions, including but not limited to all attachments to this
Order, all documents incorporated by reference into this order,
and all schedules and deadlines in this Order, attached to this
Order, or incorporated by reference into this Order, and perform
the following actions:
1. Notice of Intent to Comply
alwas recede the deadline ox
°f Innt to
Caa
fce
. .
of Intnt o oml date must
always Jbe consistent with the timing- of the opportunity to confer
date .
Each Respondent shall notify EPA in writing within £ days after
the effective date of this Order of Respondent's irrevocable
intent to comply with this Order. Failure of any Respondent to
provide such notification within this time period shall be a
violation of tills Order by such Respondent.
2.
Desination of
Poect,
and On~Scene
_
Coordinator
Respondent (s) shall perform the removal action Itself (themselves)
Votes All time frames ±n the Order are expressed In calendar
days except if here noted.
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or retain (a) contractor (s) to perform the removal action.
Respondent (s) shall notify EPA of Respondent ( ') (s) ( f )
qualifications or the name(s) and qualification (s) of such
contractor (s) within (J£) business days .of the effective date of
this Order, Respondent (s) shall also notify EPA of the name(s)
and qualification (s) of any other contractor(s) or
subcontractor {s) retained to perform the removal action under this
Order at least (X) days prior to commencement of such removal
action. EPA retains the right to disapprove of any, or all, of
the contractors and/or subcontractors retained by the
Respondent (s) , or of Respondent ( ') (s) { '} choice of itself
(themselves) to do the removal action. If EPA disapproves of a
selected contractor or Respondent ( s) , Respondent (s) shall retain a
different contractor or notify EPA that it will perform the
removal action itself within (JST) business days following EPA's
disapproval and shall notify EPA of that contractor's name or
Respondent (s) 's name and qualifications within f#) business days
of EPA's disapproval.
Within (20 days after the effective date of this Order, the
Respondent (s) shall designate a Project Coordinator who shall be
responsible for administration of all the Respondent (') (s) ( ')
actions required by the Order. Respondent (s) shall submit the
designated coordinator's name, address, telephone number, and
qualifications to EPA. To the greatest extent possible, the
Project Coordinator shall be present on site or readily available
during site work. EPA retains the right to disapprove of any
Project Coordinator named by the Respondent (s) . If EPA
disapproves of a selected Project Coordinator, Respondent (s) shall
retain a different Project Coordinator and shall notify EPA of
that person's name and qualifications within (£) business days
following EPA's disapproval. Receipt by Respondent (•) a (') Project
Coordinator of any notice or communication from EPA relating to
this Order shall constitute receipt by all Respondent ( s) .
The EPA has designated _ of the (Regional Office Name -
e.g. .. Janeiysucy qip<% J?flr~pryemen£ /Response Branch} , as its On— Scene
Coordinator (OSC) . Respondent (s) shall direct all submissions
required by this Order to the OSC at (QSC's address) [Regions may
specify, method of delivery, e.g.. by certified mail, express mail,
or other delivery methods], .
3. ' Work to Be Performed '. . '_ ' . • ''..".'"'
Respondent (0) shall perform/ at a minimum, the following removal
action: •'••:._• •• . • .••••• " ". . • •''.- .', . ''- .
(This secfrJQJi gfron/d prov^e ft lprdrQt_
.
detail to pemat ftespcwtentrg.) tff tfrflf t fl
Flan. Jleyions aay append their cam Statement of Work or
P£&Lf_ 4ff ^Efr
aroriate
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(The dates of the referenced regulations and guidance
Documents may chancre depending pn^ future Agency actions «J
3.1 Work j*lan and Implementation
Within (X) days after the effective date of this Order, the
Respondent (s) shall submit to 1PA for approval a draft Work Plan
for performing the removal action set forth above. The draft Work
Plan shall provide a description of, and an expeditious schedule
for, the action required by this Order.
EPA may approve, disapprove, require revisions to, or modify the
draft Work Plan. If EPA requires revisions. Respondent (s) shall
submit a revised draft Work Plan within (£) days of receipt of
EPA»s notification of the required revisions. Respondent (s) shall
implement the Work Plan as finally approved in writing by EPA in
accordance with the schedule approved by EPA. Once approved, or
approved with modifications, the Work Plan, the schedule, and any
subsequent modifications shall be fully enforceable under this
Order. Respondent (s) shall notify 1PA at least 48 hours prior to
performing any on-site work pursuant to the EPA approved Work
Plan. Respondent (s) shall not commence or undertake any removal
actions at the Site without prior EPA approval.
{If & p.|aj|njjnq jpejrAojt- p£._£..-BQnjfcJhg ey^Lfffci8* include? .- .....
determines that a pj.afining period oJT jgpre than 6 months* exists
on-ste reoa actions will b&i.n - egandfeii£s
_
an fnalj^i^pliKr JgaJtufljr^jMi/CSpsj^ ^n&lysls (]j£l/CAf 'MS
te SP a 40 CFR Btr ..*.1) 4 »*)
[Optional: Regions may specify formal standards for work quality
and quality of deliverables. ]
3.2 Health .and Safety Plan " -
Within (X) days after the effective date of this Order, the
Respondent (s) shall submit for EPA review and comment a plan that
ensures the protection of the public health and safety during
performance of on-site work under this Order. This plan shall be
prepared in accordance with EPA's standard Operating Safety Guide,
(November 1984, updated July 1988). In addition, the plan shall
comply with all current applicable Occupational Safety and Health
Administration (OSHA) regulations; Hazardous Waste operations and
Emergency Response; found at 29 CFR Part 1910. [Optional: If EPA
determines that it is appropriate, the plan shall also include
contingency planning* -Regions may 'provide more detail, e.:y...
SPCC, evacuation plans, etc.}* Respondent (s) shall incorporate
all changes to the plan recommended by EPA, and implement the plan
during the pendency of the removal action.
3.3 Quality ftgpurance and Sampling <••''- ....... — .
All sampling and analyses performed pursuant to this Order shall
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conform to EPA direction, approval, and guidance regarding
sampling, quality assurance/quality control (QA/QC) , data
validation, and chain of custody procedures. Respondent (s) shall
ensure that the laboratory used to perform the analyses
participates in a QA/QC program that complies with the appropriate
EPA guidance. Respondent (s) shall follow the following documents
as appropriate as guidance for QA/QC and sampling: "Quality
Assurance/Quality Control Guidance for Removal Activities:
Sampling QA/QC Plan and Data Validation Procedures," OSWER
Directive Number 9360.4-01; "Environmental Response Team Standard
Operating Procedures," OSWER Directive Numbers 9360.4-02 through
9360.4-08; [and the Representative Sampling Guidance for soil,
air, ecology, vaste, and water as this information becomes
finalized and -available.] (Check with Regional OA Officers for
availability and location of .jfchftse_ document?.) ,
Upon request by EPA, Respondent (s) shall have such a laboratory
analyze samples submitted by EPA for quality-assurance monitoring.
Respondent (s) shall provide to EPA the quality assurance/quality
control procedures followed by all sampling teams and laboratories
performing data collection and/ or analysis.
Upon request by EPA, Respondent (s) shall allow EPA or its
authorized representatives to take split and/or duplicate samples
of any -samples collected by Respondent (s), while performing actions
under this Order. Respondent (s) shall notify EPA not less than
(20 days in advance of any sample collection activity. EPA shall
have the right to take any additional samples that it deems
necessary. . * . . .'"'-,. "' '• ' '
3 « 4 Reporting
Respondent (s) shall submit a written progress report to EPA
concerning actions undertaken pursuant to this Order, every
day after the date of receipt of EPA's approval of the Work Plan
until termination of this Order, unless otherwise directed by the
OSC (in writing) . These reports shall describe all significant
developments during the preceding period, including the actions
performed and any problems encountered, analytical data received
during the reporting period, and the developments anticipated
during the next reporting period, including a schedule of work to
be performed, anticipated problems, and planned resolutions of
'' past ' or anticipated ..problems . '••'--,- '•-./.„•• '•...- ,-'---': ;,
•Any • Respondent and Successor in title shall, at' least 30 days , .
prior .-to the conveyance of any interest in real property at the
site, give written notice of 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. 'The'' party'
conveying such an interest shall require that the transferee--,
•......-•••' , 8
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comply with Section Four of this Order - Access to Property and
Information.
3.5 Final .-Report
Within (X) days after completion of all removal actions required
under this Order, the Respondent(s) shall submit for EPA review
[and approval] a final report summarizing the actions taken to
comply with this Order. The final report shall conform, at a
minimum, with the requirements set forth in Section 300.165 of the
NCP entitled "OSC Reports" (and for removals that are more
extensive, .Regions may require compliance with QStrm Directive yo.,t,
93go.J-gi - "Removal Jegponse Reporting"). The final report shall
include a good faith estimate of total costs or statement of
actual costs incurred in complying with the Order, a listing of
quantities and types of materials removed, a discussion of removal
and disposal options considered for those materials, a listing of
the ultimate destinations of those materials, a presentation of
the analytical results of all sampling and analyses performed, and
accompanying appendices containing all relevant documentation
generated during the removal action (e.g^f manifests, invoices.
Mils, contracts, and permits)« The final report shall also
include the following certification signed by a person who
supervised or directed the preparation of that report;
Under penalty of law, I certify that to the best of my
knowledge, after appropriate inquiries of all 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.
4. Access *to_ Property and Informa.tJj.OTl •" '
Respondent(s) shall provide and/or obtain access to the Site and
off-site areas to which access is necessary to implement this
order, and provide access to all records and documentation related
to the conditions at the site and the action conducted pursuant to
this Order. Such access shall be provided to EPA employees,
contractors, agents, consultants, designees, representatives, and
State of (nflfflfi) representatives. These individuals shall be
permitted to move.freely•at the Site * and appropriate off-site
areas in order to conduct actions which EPA determines to be
necessary. Respondent (s) shall submit to EPA, Cgpoa receipt ftipon
Cegii&££), the results of all sampling or tests and all other data
generated by Respondent(s)or their contractor(s), or on the
Respondent(')»('} behalf during implementation of this Order.
Where action under this Order is to be performed in areas owned by
or in possession of someone other than Respondent(s),
Respondent (s) shall use (its/their) best efforts to obtain all
necessary access agreements within, (£) days after the effective
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date of this Order, or as otherwise specified in writing by the
OSC. Respondent (s) shall immediately notify EPA 'if after using
fits/tneii-V best efforts (it is /they are) unable to obtain such
agreements. Respondent (s) shall describe in writing (its/tiieirl
effort(s) to obtain access. EPA may then assist Respondent (s) in
gaining access, to the extent necessary to • effectuate the removal
actions described, herein, using such means as EPA deems ,
appropriate. EPA reserves the right to seek reimbursement from
Respondent (s) for all costs and attorney's fees incurred by the
United states in obtaining access for Respondent (s ). '• -
"5. Record Retention, Documentation, AvailabiljLty of Information
Respondent (s) shall preserve all documents and information
. relating to work performed under this Order, or relating to the
hazardous substances found on or released from the Site, for ten
years following completion of the removal actions required by this
Order. At the end of this ten year period -and 30 days before any
document or information is destroyed, Respondent (s) shall notify
SPA that such documents and information are available to EPA for
inspection, and upon request, shall provide the originals or
copies of such documents and information to EPA. In addition,
Respondent ( s) shall provide documents and information retained
under this Section at any time before expiration of the ten year
period at the written request of EPA.
Respondent (s) may assert a business confidentiality claim pursuant
to 40 C.F.R. S 2.203(b) with respect to part or all of any
information submitted to EPA pursuant to this Order, provided such
claim is allowed by section 104 (e) (7) of CERCLA, 42 u.S.C. S
9604 (e) (7). [Optional: "Analytical and other data specified in
section 104 (e) (7) (F) of CERCLA shall not be claimed as
confidential by the Respondent ( s) . EPA shall only disclose
information covered by a business confidentiality claim to the
extent permitted by, and by means of the procedures set forth at,
40 C.P.R, Part 2, Subpart B."] If no such claim accompanies the
information when it is received by EPA, EPA may make it available
to the public without further notice to Respondent ( s) .
[Optional: "Respondent (s) shall maintain a running log of
privileged documents on a document-by-document basis, containing
the date, author (s), addressee (s) , subject, .the privilege or
grounds claimed (e1 q. * attorney .work product, attorney-client),
and the factual basis for assertion of the privilege. "
Respondent (s) shall keep the "privilege log" on file and available
for inspection. EPA may at any time challenge claims of privilege
through negotiations or otherwise as provided by law or the ' . •
Federal Rules of Civil Procedure."]
6. '
All hazardous substances, pollutants or contaminants removed off-
site pursuant to this Order for treatment, storage, or disposal
10
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shall be treated, stored, or disposed of at a facility in
compliance, as determined by EPA, with 42 U.S.C.S 962l(d)(3) and
the EPA "Revised Procedures for Implementing off-Site Response
Actions," OSWER Directive Number 9834.11, November 13, 1987.
Regional Offices will provide information on the acceptability of
a facility under section 121(d)(3) of CERCLA and the above
directive.
(Unless ^.mprMctieable. prior notification of out-of-state waste.
shipments should be criven consistent with OSWER Directive 933Q.Z-
7. compliance With Other Laws
Respondent shall perform all actions required pursuant to this
Order in accordance with all applicable local; state; and federal
laws and regulations except as provided in CERCLA section I21(e)
and 40 C.F.R. section 300.4l5(i). In accordance with 40 C.F.R. §
300.415(i), all on-site actions required pursuant to this Order
shall, to the extent practicable, as determined by EPA,
considering the exigencies of the situation, attain applicable or
relevant and appropriate requirements (ARARs) under federal
environmental, state environmental, or facility siting laws, (see
"The Superfund Removal Procedures for consideration of ARARs
During Removal Actions," OSWER Directive No. 9360.3-02, August
1991). [Optional: "Respondent(s) shall identify ARARs in the Work
Plan subject to EPA approval."]
8» Emergency Response and Notification of .Releases
If any incident, or change in site conditions, during the actions
conducted pursuant to this order causes or threatens to cause an
additional release of hazardous substances from the Site or an
endangerment to the public health, welfare, or the environment,
the Respondent(s) shall immediately take all appropriate action.
The Respondent(s) shall take these actions in accordance with all
applicable provisions of this Order, including, but not limited to
the Health and Safety Plan, in order to prevent, abate or minimize
such release or endangerment caused or threatened by the release.
Respondent(s) shall also immediately notify the OSC or, In the
event of his/her unavailability, shall notify the Regional Duty
Officer (Appropriate Regional Office - &.g> f Emergency Planning
•) of the incident or
site conditions. If Respondent(s) fail(s) to take action, then
EPA Bay respond to the release .or- endangernent and reserve the
right to pursue cost recovery.
In addition, in the event of any release of a hazardous substance,
Respondent (s) shall immediately notify EPA's OSC {import_Rpp±onal
spill phone number) and the National Response Center at telephone
number (800) 424-8802. Respondent(s) shall submit a written
report to EPA within f seven _/7j_) days after each release, setting
11
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forth the events that occurred and the measures taken or to be
taken to mitigate any release or endangerment caused or threatened
by the release and to prevent the reoccurrence of such a release.
This reporting requirement is in addition to, not in lieu of,
reporting under CERCLA section 103 (c) and section 304 of the
Emergency Planning and Community Right-To-Know Act of 1986, 42
U.S.C. Sections 11001 et sea;.
VII. AUTHORITY OF THE EPA ON-SCENE COORDINATOR
The osc shall be responsible for overseeing the proper and
complete implementation of this order. The OSC shall have the
authority vested in an OSC by the NCP, 40 CFR 300.120, including
the authority to halt, conduct, or direct any action required by
this Order, or to direct any other removal action undertaken by
EPA or Respondent (s) at the Site. Absence of the OSC from the
Site shall not be cause for stoppage of work unless specifically
directed by the OSC.
EPA and Respondent (s) shall have the right to change their
designated OSC or Project Coordinator. EPA shall notify the
Respondent (s) , and Respondent (s) shall notify EPA (insert
tlmefrsaD& of ._ nofeljTi cation) f before such a change is made.
Notification may initially be made orally, but shall be followed
promptly by written notice.
VIII. BNFORCgHBMTt PBffALyiBp FOR HONCOMPLIAHCB
Violation of any provision of this Order may subject Respondent (s)
to civil penalties of up to twenty-five thousand dollars ($25,000)
per violation per day, as provided in section 106 (b) (1) of CERCLA,
42 U.S.C. S 9606(b)(l). Respondent (s) may also be subject to
punitive damages in an amount up to three times the amount of any
cost incurred by the United States as a result of such violation,
as provided in section 107 (c) (3) of CERCLA, 42 U.S.C. S
9607 (c) (3). Should Respondent (s) violate this Order or any
portion hereof, EPA may carry out the required actions
unilaterally, pursuant to section 104 of CERCLA, 42 U.S.C. S 9604,
and/or may seek judicial enforcement of this order pursuant to
section 106 of CERCLA, 42 U.S.C. § 96O6.
xx* EgpcgURgicHiTHT OF . ovHRfliqHT COSTS * •
Respondent (s) shall reimburse EPA, upon written demand, for all
reapona* ; coats •; incurred ' by the • United- states in .overseeing'
Respondent(') (a) (' ) implementation of the requirements of this
Order. EPA may submit to Respondent (s) on a periodic basis a bill
for all response costs incurred by the United States with respect
to this Order. EPA's f Financial Management System nummary data or
suclj other agency flffljpe of .Regional I cpjgt punun&ry) as certified by
EPA, shall serve as the. basis for payment: dmaandajr (flower At tlie
ffflfll? t^me tbQ Ofdar is issued to th$ ft&$pond6nt(s) . Regions mav
jQfcfcoj* .for past costs .1
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Respondent(s) shall, within {£) days of receipt of the bill, remit
a cashiers or certified check for the amount of those costs made
payable to the "Hazardous Substance Superfund," to the following
address:
{:Recfional Lock Box\
(Bank's^ Address)
Respondent(s) shall simultaneously transmit a copy of the check to
EPA (£egj.otml^_ Address). Payments shall be designated as
"(Response Costsi-(Site frame) site" and shall reference the
payer's name and address, the EPA site identification number
(number} , and the docket number of this Order.
Interest at the rate established under section 107(a) of CERCLA
shall begin to accrue on the unpaid balance from the day of the
original demand notwithstanding any dispute or objection to any
portion of the costs.
X. RESERVATION OF RIGHTS
Except as specifically provided in this Order, nothing herein
shall limit the power and authority of EPA or the United States to
take, direct, or order all actions necessary to protect public
health, welfare, or the environment or to prevent, abate, or
minimize an actual or threatened release of hazardous substances,
pollutants or contaminants, or hazardous or solid waste on, at, or
from the Site. Further, nothing herein shall prevent EPA from
seeking legal or equitable relief to enforce the terms of this
Order, from taking other legal or equitable action as it deems
appropriate and necessary, or from requiring the Respondent(s) in
the future to perform additional activities pursuant to CERCLA or
any other applicable law. EPA reserves the right to bring an
action against Respondent(s) under section 107 of CERCLA, 42
U.S.C. section 9607, for recovery of any response costs incurred
by the United States related to this Order or the Site and not
reimbursed by Respondent(s). [Optional: Regions may add more
specific language.] (Mote: Only a ftetujraj. fteffource Trustee has the
authority to w^JLve a cla.ijn for ^natural resource cfatBiagQS'jJ
By issuance of this Order, the United States and EPA assume no
liability for injuries or damages to persons or property resulting
from any acts or omissions of Respondent(s). The.United States or
EPA shall not be deemed a party to any contract entered into by
the Respondent:(s) or fitg/tnglr) directors, officers, employees,
agents, successors, representatives, assigns, contractors, or
consultants in carrying out actions pursuant to this Order,
This' Order does not constitute a pro-authorization of funds under
section 111(a)(2) of CERCLA, 42 U.S.C. § 9611(a)(2).
Nothing in this order shall constitute a satisfaction of or
. ' 13 • ' . •
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release from any claim or cause of action against the
Respondent (s) 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
United states for costs, damages and interest under section 106 (a)
and -107 (a) of CERCIA, 42 O.S.C. S 9606(a) and §607(a).
XII. MODIFICATIONS
. •* "
Modifications to any plan or schedule (or the attached EPA
Statement of Work) may be made in writing by the OSC or at the
OSC's oral direction. If the OSC makes an oral modification, it
will be memorialized in writing within (JQ days; provided,
however, that the effective date of the modification shall be the
date of the OSC's oral direction. The rest of the Order, or any
other portion of the Order may only be modified in writing by
signature of the f delegated signatory or dearigmee of EPA
If Respondent (s) seek(s) permission to deviate from any approved
plan or schedule (or Statement of Work), Respondent (') s {') Project
Coordinator shall submit a written request to EPA for approval
outlining the proposed modification and its basis.
Ho informal advice, guidance, suggestion, or comment by EPA
regarding reports, plans, specifications, schedules, or any other
writing submitted by the Respondent (s) shall relieve the
Respondent (s) of rits/tfte4r) obligation(s) to obtain such formal
approval as may be required by this Order, and to comply with all
requirements of this Order unless it is formally modified.
'• . '' XIII. NOTICE OF COMPLETION
When EPA determines, after EPA's review of the Final Report, that
all removal actions have been fully performed in accordance with
this Order, with the exception of any continuing obligations
required by this Order, including (ftey4
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issuance) ] .
XV, OPPORTUMITY TO CONFER
Within (JT) days after issuance of this Order, Respondent (s) may
request a conference with EPA. Any such conference shall be held
within (£) days t prior to/a£ter\ the effective date unless
extended by agreement of the parties. At any conference held
pursuant to the request , Respondent (s) may appear in person or be
represented by an attorney or other representative.
If a conference is held, Respondent (s) may present any
information, arguments or comments regarding this order.
Regardless of whether a conference is held, Respondent (s) may
submit any information, arguments or comments in writing to EPA
within (JO days following the conference (r or with±n (X) days
issuaicQ tt QzSer . no conference s
[Optional: Regions may specify the scope of issues which can be
discussed during the. conference, considering site-specific
circumstances.] This conference is not an evidentiary hearing,
does not constitute a proceeding to challenge this Order, and does
not give Respondent(s) a right to seek review of this Order.
Requests for a conference, or any written submittal under this
paragraph, shall be directed to (Name off , .pid'.iyi. d1 ual ) , Assistant
Regional Counsel , at ( t01epl|oae nupfoerj ,
XVI.
(Not&:
encoraeif "to include
v.si.cai In the last
paragraph
It requires Respondent (s} to carry the standard form
Insurance olic "Cororehen.ve Gneral
sulen&nt the
of
subcontractors
Jb
This olic rovicl&s cov&fooB x*o JLJ.ajb.Jit
arties who are
b PRP .reval
b
third
_ _
are compensated for such Injuries; tliat the
'
'cgt: of such 'rotQC"tio -
gf
.
arising frvm liability mite
aya jn^ t 4 1 • ? f ifote ^
causad Jb
llc ticall does not cover
hag roved
(Hots
cages y
do-
no I
erv: nr in ca
and1 of >
duati.om OJT
adecruate j.jagii*tace coveracre
oir If Respondent fst fh&s/hfrvo) the fln**nci&2. capac-ity • to
itf acnree to rfo go. Regions a
ider '
15
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At least (seven /7Ji_) days prior to commencing any on-site work
under this Order, the Respondent(s) shall secure, and shall
maintain for the duration of this Order, comprehensive general
liability insurance and automobile insurance with limits of (MM)
million dollars, combined single limit. Within the same time
period, the Respondent(s) shall provide EPA with certificates of
such insurance and a copy of each insurance policy. If the
Respondent(s) demonstrate(s) by evidence satisfactory to EPA that
any contractor or subcontractor maintains insurance equivalent to
that described above, or insurance covering the same risks but in
a lesser amount, then the Respondent(s) need provide only that
portion of the insurance described above which is not maintained
by such contractor or subcontractor.
•* , XVII. ADDITIONAL REMOVAL ACTIONS
[This section is optional]
[Optional: If EPA determines that additional removal actions not
included in an approved plan are necessary to protect public
health, welfare, or the environment, 1PA will notify Respondent(s)
of that determination. Unless otherwise stated by EPA, within
fthirty (3O)} days of receipt of notice from EPA that additional
removal actions are necessary to protect public health, welfare,
or the environment, Respondent(s) shall submit for approval by EPA
a Work Plan for the additional removal actions. The plan shall
conform to the applicable requirements of sections (JflfXyX) of this
Order. Upon EPA's approval of the plan pursuant to Section
VI.3.1-Work Plan and Implementation, Respondent(s) shall implement
the plan for additional removal actions in accordance with the
provisions and schedule contained therein. This section does not
alter or diminish the OSC's authority to make oral modifications
to any plan or schedule pursuant to Section XII.]
. •'" " '.XVIII. SBVgRABILITY / % '• ;,.
; ' " T " *> * •*
If a court issues an order that invalidates any provision of this
Order or finds that Respondent (s) has sufficient cause not to
comply with one or more provisions of this Order, Respondent (s)
shall remain bound to comply with all provisions of this Order not
invalidated or determined to - be '.subject, to a sufficient cause
defense by the court's order. •;' \ , . -~, . . '""^ '.;..••,-.,. '-. .. • '
XIX. BfTBCTIYl OMB
TKis ' Order
shall be effective (£) days after the Order is signed by the / -
'Regional Administrator, .[optional:' . unless, a conference is • ,
requested as- provided ''herein; ' If a conference is requested, this
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Order shall be effective on the (X) day following the day of the
conference unless modified in writing by EPA.]
IT IS SO ORDERED
BY: DATE:
Name
Regional Administrator (or designee)
Region (Number)
U.S. Environmental Protection Agency
EFFECTIVE DATE:
17
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