/v-5.t2a? Brea UNITED STATES ENVIRONMENTAL

- 9 -deliverables identified by this Order.All such work shall beconducted in accordance with: 1) Attachment II entitled"Activities and Project Deliverables," which is incorporated inthis Order; 2) the FS Statement of Work and the Work Plan which,when approved by EPA, shall be incorporated in this Order; 3)CERCLA; 4) the NCP; and 5) EPA guidance including, but notlimited to, the "Interim Final Guidance for Conducting RemedialInvestigation and Feasibility Studies under CERCLA", October1988.For the purposes of this Order, day means calendar dayunless otherwise noted in this Order.X,28,OUALITY ASSURANCERespondent shall comply with EPA's "Guidance forPreparation of Combined Work/Quality Assurance Project Plans forEnvironmental Monitoring" (OWRS QA-1), May 1984, in performingquality assurance, quality control, and chain of custodyprocedures for all sample collection and analysis activitiesrequired by this Consent Order.Respondent shall consult withEPA in planning for, and prior to, all sampling and analysis asdetailed in the FS work plan.To provide quality assurance andmaintain quality control, the Respondent shall:(a)Use a laboratory which has a documentedQuality Assurance Program that complies with EPA guidance document QAMS-005/80.(b)Arrange access for EPA personnel and/or EPAauthorized representatives to the laboratory and personnel

- 10 utilized by the Respondent for analyses.(c)Arrange for laboratory to submit allprotocols to be used for analyses to EPA at least 45 days beforebeginning analyses.XI.29.MODIFICATION OF THE WORK PLANIn the event of unanticipated or changed circum-stances at the site, Respondent shall notify the EPA Project,Coordinator by telephone within 24 hours of discovery of the newor changed circumstances.In the event that EPA determines thatthe new or changed circumstances warrant changes in the Work Planand, after non-binding consultation with Respondent andRespondent's technical consultant, IT Corporation, EPAshallmodify the Work Plan accordingly.30.EPA, after non-binding consultation withRespondent and Respondent's technical consultant, IT Corporation,may determine that in addition to tasks completed under theinitially approved Work Plan, other additional work may benecessary.EPA may request that the Respondent perform theseresponse actions in addition to those required by the approvedWork Plan, including any approved modifications, if it determinesthat such actions are necessary, and that Respondent.can carry outsuch actions properly and. promptly.Subject to the disputeresolution procedures outlined in paragraph 46 of this ConsentOrder, Respondent shall implement the additional tasks which EPAdetermines are necessary.The additional work shall be completedaccording to the standards, specifications, and schedule set

- 11 -forth by EPA in the modified Work Plan.XII,31.OTHER APPLICABLE LAWSRespondent shall comply with Occupational Safety &Health Administration (OSHA) requirements.Under Section 121(e)of CERCLA, no local, state or federal permit shall be requiredfor the portion of any removal action, including studies, orremedial action conducted entirely onsite, where such remedialaction is selected and carried out in compliance with theprovisions of the statute.This Order does not modify Section121(d)(3) of CERCLA or any regulations thereunder.XIII. FINAL FS, PROPOSED PLAN, PUBLIC COMMENT,RECORD OF DECISION. ADMINISTRATIVE RECORD32.EPA retains the responsibility for the preparationand release to the public of the FS and record of decision inaccordance with CERCLA and the NCP.33.EPA will notify the Respondent which preferredalternative and final plan are selected for the site.34.EPA's selection of the remedial action will bebased on the administrative record. Respondent must submit to EPAdocuments developed during the course of the FS upon whichselection of the. response action may be based.Respondent shalladditionally submit any. previous studies conducted under state orlocal or other federal authorities relating to selection of theresponse action; all communications between Respondent and state,local or other federal authorities concerning selection of theremedy.

- 12 -XIV.35.DESIGNATED PROJECT COORDINATORSOn or before the effective date of this ConsentOrder, EPA and the Respondent shall each designate a ProjectCoordinator.Each Project Coordinator shall be responsible foroverseeing the implementation of this Consent Order.To themaximum extent possible, communications between the Respondentand EPA shall be directed to the Project Coordinator by mail,with copies to such other persons as EPA, the state and Respondent may respectively designate.Communications include alldocuments, reports, approvals, and other correspondence submittedunder this Consent Order.36.EPA and the Respondent each have the right tochange their respective Project Coordinator.The other partymust be notified in writing at least 10 days prior to the change, 37.EPA's Project Coordinator shall have the authorityto,, inter alia, halt, modify, conduct, or direct any tasksrequired by this Consent Order and/or undertake any responseactions (or portions of response action) when conditions presentor may present a threat to public health or welfare or the environment, as set forth in 40 CFR Part 300.65(b).The absence ofthe EPA Project Coordinator from the area under study pursuant tothis Consent Order shall not be cause, for-the. stoppage or delay.,of work.38.On or before the effective date of this ConsentOrder, EPA may arrange for a qualified person to assist it in

- 13 overseeing and reviewing the conduct of the removal activities,as required by Section 104(a) of CERCLA, 42 U.S.C. § 9604(a).XV.39.PROGRESS REPORTSIn addition to the deliverables set forth inAttachment II of this Order, Respondent shall provide to EPAmonthly progress reports by the 10th day of the month thatimmediately follows.At a minimum, with respect to thepreceding month, these progress reports shall:(1) describe theactions which have been taken to comply with this Consent Order,(2) include all results of sampling and tests and all other datareceived by the Respondent, (3) describe work planned for thenext month with schedules included, and (4) describe all problemsand anticipated problems encountered, and solutions developed andimplemented.XVI.40,ACCESS TO SITE NOT OWNED BY RESPONDENTHIPCO shall use its best efforts to obtain accessagreements for EPA, HIPCO and their contractors for the purposeof conducting removal activities on property not owned by HIPCO.Best efforts include, as a minimum, sending a certified letter toa property owner requesting the owner to enter into an accessagreement with Respondent.If access agreements cannot be ob-tained within 30 days of the effective date of this Order, Respondent shall immediately notify EPA.XVII.SAMPLING. ACCESS. AND DATA/DOCUMENT AVAILABILITY

- 14 41.All results of sampling, tests, modeling or otherdata (including raw data), generated by Respondent, or on Respondent's behalf, for implementing this Consent Order, shall besubmitted to EPA.EPA will make available to the Respondent theresults of sampling, tests, or data similarly generated by EPA.42.At EPA's request, the Respondent shall allow splitor duplicate samples to be taken by EPA and its authorizedrepresentatives, of any samples collected by the Respondent inimplementing this Consent Order.The Respondent shall notify EPAat least 10 days in advance of collecting any sample.43.EPA shall have the authority to enter and freelymove about all property at the site at all reasonable times forthe purposes of:inspecting conditions, activities and theresults of activities records, operating logs, and contractsrelated to response action at the site; reviewing the progress ofthe Respondent in carrying out the terms of this Consent Order;conducting tests as EPA or the Project Coordinator deemnecessary; using a camera, sound recording, or other documentarytype equipment; and verifying the data submitted to EPA by theRespondent.The Respondent shall allow these persons to inspectand copy all records, files, photographs, documents, sampling andmonitoring data, and other writings related to work undertaken incarrying out this Consent Order.Nothing within this paragraphshall be interpreted as limiting EPA's inspection authority underfederal law.All parties with access to the site under thisparagraph shall comply with all approved health and safety plans.

- 15 All EPA employees entering the site shall identify themselves toRespondent's contractor or representative,44,The Respondent may assert a claim of businessconfidentiality covering part or all of the information requestedby this Consent Order under 40 CFR Part 2.203(b).This assertionshall be substantiated according to 40 CFR Part 2, Subpart B,when the assertion is made.Analytical data and conclusionsdrawn from that data shall not be claimed as confidential by theRespondent.Information determined to be confidential by EPAwill be given the protection specified in 40 CFR Part 2, SubpartB.If no such claim accompanies the information when it issubmitted to EPA, it may be made available to the public by EPAwithout further notice to the Respondent.XVIII.45.RECORD PRESERVATIONEPA and the Respondent agree that all records anddocuments in their possession that relate in any way to the workperformed pursuant to this Consent Order shall be preservedduring the conduct of this Consent Order and for a minimum of sixyears after commencement of construction of any remedial action.The Respondent shall ac(juire and retain copies of all documentsthat relate to the work performed pursuant to this Consent Order,and are in the possession of its employees, agents,, accountants,.or contractors.After this six year period, the Respondent shallnotify EPA at least 3 0 days before the documents are scheduled tobe destroyed.If EPA requests that the documents should besaved, the Respondent shall, at no cost to EPA, give EPA the

- 16 -documents or copies of the documents.This Article does notwaive Respondent's right to contest EPA's requests to examine orcopy any documents that Respondent reasonably believes are notmaterial to this Consent Order or any response action hereunder.XIX.46.DISPUTE RESOLUTIONAny disputes arising under this Consent Ordershall be resolved as follows:If the Respondent objects to anyEPA notice of disapproval or decision made pursuant to thisConsent Order, the Respondent shall notify EPA's Project Coordinator in writing of its objections within 14 days after receiptof the decision.EPA and the Respondent then have an additional14 days to reach agreement.If agreement is not reached withinthat time period, the dispute shall be presented to EPA's WasteManagement Division Director who shall decide the dispute.Ifthe Respondent does not agree to perform the work in dispute asdetermined by EPA's Waste Management Division Director, EPAreserves the right to conduct the work itself, to seekreimbursement from the Respondent, and/or to seek any otherappropriate relief.47.Respondent is relieved of its obligations toperform while a; matter is pending in dispute resolution.HIPCO reserves whatever rights of appeal it may have .under Section 113 of CERCLA.XX.48.DELAY IN PERFORMANCE/STIPULATED PENALTIES"""For each day that the Respondent fails to complete

- 17 a deliverable or meet a specified schedule in an acceptablemanner and by the specified deliverables' due date. Respondentshall be liable for stipulated penalties, as set forth in thisSection.Penalties begin to accrue on the day that performanceis due or a violation occurs, and extend until the violation hasbeen corrected.EPA will provide written notice that stipulatedpenalties are accruing for violations that are not based ontimeliness and notwithstanding anything to the contrary,penalties for violations that are not based on timeliness shallbegin to accrue upon Respondent's receipt of notice of violationfrom the EPA.Payment shall be due within 30 days from the dateof a demand letter by EPA.49.If demand is made for payment. Respondent shallforward a check to:Mellon BankAttn: Superfund AccountingEPA, Region VII (Comptroller Branch)P.O. Box 360748MPittsburgh, Pennsylvania15251Checks should identify the name of the site, the siteidentification number, the account number, and this Order.Acopy of the check and/or transmittal letter shall be forwarded tothe EPA Project Coordinator.50.Respondent may dispute whether penalties are dueby invoking the Dispute Resolution provisions of this Order.Stipulated penalties continue to accrue during disputeresolution.payable.If Respondent prevails, no penalties shall beIf Respondent does not prevail, EPA may collect all or

- 18 in its sole unreviewable discretion, a portion of the penaltiesthat accrued prior to and during the period of dispute.51.For the following major deliverables, stipulatedpenalties shall accrue in the amount of 500 per day, perviolation, for the first fourteen days of noncompliance and 1,000 per day, per violation, thereafter.1)An original and any revised work plan.2)An original and any revised sampling and3)An original and any revised baseline risk4)An original and any revised feasibility studyanalysis plan.assessment.report,52,For the following interim deliverables, stipulatedpenalties shall accrue in the amount of 250 per day, perviolation, for the first fourteen days of noncompliance and 500per day, per violation, thereafter.1)Memorandum on compilation of field removal2)An original and any revised report of removalactivities.action completion.3)Summary identifying contaminants and list ofproposed indicator chemicals.4):;.: . .Memoranda on exposure scenarios and fate andtransport models.5)Toxicological and epidemiological studies

- 19 memorandum.6)Identification of candidate technologies7)Memorandum on objectives of the focussedmemorandum.feasibility study.8)Memorandum on development and preliminaryscreening of alternatives.9)Memorandum on assembled alternatives screeningresults.10)Final screening results memoranda,11)Nine criteria analysis memorandum.12)Remedial alternatives comparative analysisreport.53.The stipulated penalties provisions do notpreclude EPA from pursuing any other remedies or sanctions whichare available to EPA because of the Respondent's failure tocomply with this Consent Order.As a condition to pursuing anyother remedies or sanctions, EPA will notify Respondent of itsdetermination to pursue other remedies or sanctions.XXI.54.FORCE MAJEUREThe Respondent shall notify EPA of any delay oranticipated delay in achieving compliance with any requirement ofthe Consent Order, caused by circumstances beyond the control ofthe Respondent that cannot be overcome by due diligence.Whenany event occurs or has occurred that may delay or prevent the

- 20 performance of any obligation under this Order, which Respondentbelieves is due to force majeure. Respondent shall notify bytelephone the Project Coordinator, or, in his absence, the Director of the Waste Management Division of EPA, Region VII, within24 hours of the commencement of such event or discovery thereof,55.Oral notification shall be followed by writtennotification, made within seven business days of when Respondentknew or should have known of the event causing the delay or thereasons for the delay; the reasons the delay is beyond the control of Respondent; the anticipated duration of the delay; actions taken or to be taken to prevent or minimize the delay; aschedule for implementation of any measures to be taken to mitigate the effect of the delay; and a statement as to whether, inthe opinion of the Respondent, such event may cause or contributeto an endangerment to public health, welfare or the environment.The Respondent shall adopt all reasonable measures to avoid orminimize any such delay.56.Force majeure shall be defined as any event orcondition arising beyond the reasonable control of Respondentthat cannot be overcome by due diligence and which delays theperformance of any obligation under this Consent Order.Forcemajeure shall include without limitation, delays caused by EPA orits contractors, agents or employees.Any delay caused by forcemajeure shall not be deemed to be a violation of Respondent'sobligations under this Consent Order and shall not makeRespondent liable for stipulated penalties set forth in Article

- 21 XX.To the extent a delay is attributable to force majeure, theschedule affected by the delay shall be extended for a periodequal to the delay directly resulting from such circumstances.Upon an adequate showing that the schedule was delayed by forcemajeure, EPA will modify the work plan schedule accordingly.Normal inclement weather, increased costs of performance of theterms of this Order, changed economic circumstances, and thefailure of Respondent to make timely and complete application forany required approval, shall not be considered circumstancesbeyond the reasonable control of the Respondent.57.Failure of the Respondent to comply with thenotice requirements of this Section is a waiver of theRespondent's right to invoke the benefits of this Article.58.If EPA and the Respondent cannot agree that anydelay in compliance with the requirements of this Consent Orderhas been or will be caused by circumstances beyond the reasonablecontrol of the Respondent, or that the duration of any delay wasnecessitated by a force majeure event, the dispute shall beresolved according to the Dispute Resolution provisions of thisOrder.The Respondent shall have the burden of proving by apreponderance of the evidence that the delay was caused bycircumstances beyond its control.,. the necessity of the length ofthe delay, and that the Respondent took all reasonable measuresto avoid or minimize delay.XXII.59.REIMBURSEMENT OF OVERSIGHT COSTSEvery year shortly after the anniversary of the

- 22 -effective date of the Consent Order, EPA shall submit to theRespondent an accounting of all response

Jan 29, 1987 · 22. TCA is a "hazardous substance" within the meaning of Section 101(14) of CERCLA, 42 U.S.C. §9601(14). 23. The presence of TCA at the site and the past, present and/or potential migration of TCA from the site consti tute an actual and/or threatened "release" as defined in Section