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502043
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY _ REGION I SiraquorrfHnd Records renter
^r f- t^^^rlt^ TJltilaquo-Vt-
IN THE MATTER OF OTHER
Cannons Engineering Corporation US EPA Docket No Superfund Site 1-88-1020 First Street Bridgewater Massachusetts
PROCEEDINGS UNDER SECTION 106(a) OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE COMPENSATION AND LIABILITY ACT OF 1980 42 USC SEC 9606(a)
ADMINISTRATIVE ORDER BY CONSENT
I JURISDICTION
1 This Administrative Order by Consent (Consent Order) is
entered into voluntarily by and between the United States
Environmental Protection Agency (EPA) and Acushnet Company American
Cyanamid Company American National Can Corporation ATampT
Technologies Inc (Western Electric) Bostik Division of Emhart
Industries Inc Chamerlain Manufacturing Corporation Ciba-Geigy
Corporation Earthline Company (SCA Group) Fairchild Semiconductor
Corporation Franklin Pumping Service Inc General Dynamics
Corporation General Electric Company Hoechst Celanese Corporation
Hoffmann-La Roche Inc ICI Americas Inc (Beatrice Group) Interex
Corporation Millipore Corporation Monsanto Company Pfizer Inc
Polaroid Corporation Recycling Industries Inc and Tech Etch Inc
(hereinafter the Respondents) The Consent Order concerns the
SDMS DocID 259602
performance of a certain removal action at a Superfjnd Site formerly
operated by the Cannons Engineering Corporation (CEC) in Bridgewater
Massachusetts (the Site)
This Consent 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 (CERCLA) 42 USC $ 9606(A) as amended and delegated to
the Regional Administrator EPA Region I by EPA delegation No 14-14
A signed en April 16 1984 Without admitting liability or the
accuracy of any factual allegations or determinations set forth
nerein Respondents agree to undertake all actions required by the
terrs cf this Consert Order Moreover Respondents agree and submit
to the jurisdiction asserted in this Consent Order for the purpose of
any subcerruort proc--virgs for the implementation or enforcement of
this Censer Order J-G furtrer agree not to contest this jurisdiction
n such prcceedires
II PARTIES BOUND
2 This Consent Order shall apply to and be binding upcn the
following parties
a The United States Environmental Protection Agency and
b Each Respondent its agents employees representatives
contractors consultants successors and assigns
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3 Any change or changes in the ownership or corporate status
of a Respondent shall in no way alter that Respondents
responsibilities under this Consent Order Each Respondent shall
provide a copy of this Consent Order to any subsequent owners or
successors
4 Respondents shall provide a copy of this Consent Order to
all contractors subcontractors laboratories and consultants
retained to conduct any portion of the work performed pursuant to
this Ccnsent Order within seven (7) days of the effective date of
this Consent Order or the date of such retention Any reference
rerein to the Consent Order shall mean the Consent Order and the Work
Plan annexed hereto as Attachment A as either nay be gt rerced from
me t z me hereafter
STATEMENT OF PURPOSE
5 In enter irs -_ o this Consent Order the mutual cbjectives
UFA -rd Pespcrcc--bull ire bull re removal of the hazarcru^ uostances
pollutants or centum i-t5 from the Bridgewater Massachusetts site
and the prevention cr mitigation of the migration off-site or the
release of hazardous substances pollutants or contaminants from the
site in accordance with Attachment A The activities conducted
pursuant to this Consent Order are subject to approval by EPA and
shall be performed consistent with the National Oil and Hazardous
Materials Contingency Plan (NCP) 40 CFR Part 300 50 Fed Reg
47912 (November 20 1985) effective February 18 1986
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IV STATEMENT OF FACTS
6 The Cannons Engineering Corporation Bridgewater Site
consists of approximately 4 acres of land located in the Bridgewater
Industrial Park in the western part of the Town of Bridgewater
Plymouth County Massachusetts The site is bordered to the north
and south by lots owned by the Bridgewater Industrial Park Inc to
the west by Route 24 and to the east by First Street
7 The site consists of the following facilities the Tank
Farm Building containing 11 tanks with total storage capacity of
approximately 165000 gallons the Ready Building (used to store the
waste before processing in the incinerator) containing four tanks
with a total storace capacity of approximately 50000 gallons the
IrcirTatcr Buildirc arc adjacent fuel tank the Equipment Building
corainirg the CIC ljocrjtraquory and other facilities two box trailers
contain ira Anchor 7anlt Lir ira Inc materials three tankers two of
wnicr contain waste iquics an office trailer five grouped 30000
sailzr outdoor above- -rc--d inks underground storage tar-s arc a
septc system an urcc crounc storm drain system and an underground
drainage sump and otrer above ground debris
8 CEC purchased the property in 1974 During the period from
1974 to 1980 CEC constructed and operated the facility to handle
store and incinerate chemical wastes In 1978 and 1979 CEC applied
for and received a license from the Massachusetts Department of
Environmental Quality Engineering (DEQE) to operate a Hazardous Waste
Collection and Disposal Facility In June 1980 CECs 1979 hazardous
waste license was revoked by the Massachusetts Executive Office of
Environmental Affairs for hazardous waste reporting violations
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Following revocation of CECs license the court appointed a Special
Receiver to oversee the operations at the facility Because of
financial and legal difficulties CEC was unable to continue
incinerating the remaining chemical wastes stored on site On
November 28 1980 CEC stopped all operations at the site
9 An EPA investigation at the site in July 1987 found Picric
Acid and Sodium Azide present on the site Both are shock sensitive
materials and presented an explosion hazard
10 laboratory reagerts stored in bottles on shelves inside the
laboratory inside the Equipment Building include toxic substances
(carbon tetrachlorce) acids (nitric acid) oxidizers (sodium
perci-lcrate) cyanide ccrpc-rds (sodium cyanide) and f lamables
(toljcnc) Waste carpl es -ere also stored inside the laboratory
11 Anchor TarK Lrir- irc brought and left en site two box
trailers c-rcairirg r rcirecs five (illon containers cf abandoned
parts pa- remove ^ arc ctrer tank lining material These
joa-dzro-J -aterial- lt TO Ancrraquor Tank materials) were c eked in the
trailers ra precarizjs rarrer Some containers had filler to the
floor spilling their contents while others showed signs cf
deterioration and lcalaquoage
12 Also on site are several underground tanks containing waste
materials and above ground tankers also containing waste materials
13 Based on the results of his investigations on July 16
1987 EPAs On-Scene Coordinator recommended authorization of a
removal action and on this date the Regional Administrator approved
$74745700 dollars to perform the removal action On July 29 1987
site security was established by the presence of a 24 hour guard at
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the site During August a response manager and chemist under
contract with EPA arrived en site The shock sensitive materials
were desensitized and removed from the site The EPA contractors
assembled a decontamination area cleared the equipment building of
miscellaneous debris compacted together small containers into two 55
gallon drums and collected various containers and lab samples The
containers in the Ancnor tank trailer were removed to the Equipment
building opened and screened for compatibility
V ENDANGERMENT
14 A hazard exists at the site due to the presence of
chemicals abandoned in the laboratory A threat of reaction and
release s presented ry =torpoundge in the laboratory of non-compatible
rjrpfjrj ojch as acJ= gticizers cyanide ccrrpc-rcs and fllaquorrables
n close proximity The storage in structurally deteriorating
containers of Anchor an- Linings waste materials also creates a
-rreat f fire and r-lc-are An additional threat of release arises
from the sbardcrmont - s~e cf other liquid wastes and waste
materials
VI DETERMINATIONS
15 On the basis of the findings of fact and reports cited
therein EPA has determined that
a Each Respondent is a person within the meaning of
Section 101(21) of CERCLA 42 USC 9601(21)
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b Each Respondent is a potentially responsible party with
respect to some response costs incurred in connection with the site
within the meaning of Section 107(a) of CERCLA as amended 42 USC
$9607
c Many of the chemicals found on the site are hazardous
substances within the meaning of Section 101(14) of CERCLA 42
USC 9601(14)
d The past present or potential future migration of
hazardous substances it or from the Site constitutes an actual or
substantial threat of a release into the environment as those
terns are defined in Sections 101(8) and 101(22) of CERCLA as
amended
e The actu-1 releases cr threatened releases of a
naz-ror- -ubstsnco frrT the cite nay be an irmirer and substantial
encirscrrent to the rue-lie rc-alth or welfare cr the environment
w i t h i n -he rearing f 106(c) of CERCLA 42 USC sect 960G(a)
It is -c--ssary in order to protect the -ublic health
r welfare or the env rorncnt that actions be taken to abate such
cancers and threats that ray be caused by actual or threatened
release of hazardous substances from the Site For the purpose of
this Consent Order only such actions consist of the removal
activities described in the Work Plan set forth in Attachment A
hereto
g Respondents by undertaking the work activities pursuant
to this Consent Order and Attachment A will not have owned cr
possessed the Anchor Tank materials within the meaning of Section
107(a)(3) of CERLCLA as amended accordingly Respondents are not
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responsible parties within the meaning of Section 107 of CERCLA
with respect to the Anchor Tank materials and any response costs
which have been or may hereafter be incurred in connection with said
materials at any disposal or treatment facility to which Respondents
deliver said materials pursuant to this Consent Order s
VII ORDER
16 EPA hereby orders and agrees and Respondents without
admission of any issue of fact or law and in accordance with
Respondents Reservation of Rights as provided in paragraph 43
heresy agree that Respondents shall perform the activities set
forth in Attachment A These activities shall be conducted
pursuit o this Consent Or-Jer and shall be consistent with
CERCLA pound ar-erdec ry SARA ard the XCP If any inconsistencies
between ary cf the uocve laws cr regulations CERCLA as amended
shall 73VCTT Resp bull Jer-rG ncrce that they will conduct all
jct~s cescribec h s Ccnreit Order properly and accc rdirCj to
its terns ad the screcjlcs ^et forth herein
17 EPA Over siST1 It is hereby further ordered and
Respondents further agree that the Respondents shall reimburse the
Hazardous Substances Superfund for any cost consistent with CERCLA
and the NCP incurred by EPA including analytic cost under or in
connection with a contract or arrangement between EPA and a
qualified person to assist EPA in overseeing and reviewing the work
activities set forth in Attachment A to be performed by_ Respondents
provided however that Respondents shall not be obliltited pursuant
to this consent order to reimburse EPA for such rversight coss in
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excess cf S [to be 15 of bid price for the removal work excluding
activities in connection with the Anchor Tank materials] cr fifteen
percent (15) of Respondents costs incurred in the performance of
the removal activities unrelated to the Anchor Tank Materials
whichever is greater EPA agrees to notify Respondents of its
intention to enlarge or materially change the scope andor costs of
EPAs planned oversight activities and to provide Respondents with an
opportunity to discuss with EPA any such changes At the conclusion
cf the activities to be conducted under this Order ZPA will submit
to Respondents an accc-rtirc cf all oversight costs incurred by the
US government with respect to this Consent Order Subject to the
dispute resolution prcvisicn as provided in paragraph 30 herein
espc-dc-- shall bull-bull-r n 20 calendar days of receipt of that
jcc-nt bull= remit ^ co t ic-j c eck for the amount of those costs
-ade ray-cle to the bullbullbullJr~z r-bstance Superfunu Checks shall
pecif itally ref erc-nco bull ne identity of tie Site and be addressed to
US r-v r-crtul Protection Agency Hazardous S-ostances Supcrfurd PO Box 2710C3 V Pittsburg- PA 15251
A copy cf the transmittal letter shall be provided to the EPA Project
Coordinator
18 Observation of Respondents Field Activities Subject to
Respondents right to access to the Site as provided in paragraph 21
herein Respondents shall allow EPAs Project Coordinator and other
EPA employees agents consultants contractors and authorized
representatives to enter and move about the Site at allreasonable
times including but not limited to any time that work is being
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carried out pursuant to this Consent Order for the purpose of
inspecting and observing progress in implementing the activities
pursuant to this Concent Order and for the purpose cf verifying the
data submitted to EPA Respondents shall permit such persons to
record ail field activities by means of photographic or other
recording equipment and to inspect and copy all records documents
and other writings which in any way pertain to work undertaken
pursuant to this Consent Order
19 Engagement cf a Response Action Contractor Within seven
(7) cays of the effective date of this Consent Order Respondents
shall engage a qualified and experienced Response Action Contractor
(Contractor) to perform the removal activities set forth in the
Sccce cf Acr (Attac--r-rt A) All work performed by said Contractor
pur-_jrt bull this Ccrj bullbullbull-_ Orcic- shall be under the general direction
and cpervision of a bull_ lificc professional with expertise in
raz^rdc-js waste site -vest ijjtion and clean-up The contractual
lt=G- -r-ert etween bull-bullc-J-ib ^nd the Contractor shall require the
Ccr-ractcr as a cere it r- successful performance of the contract
to perform the Work Activities consistent with the provisions cf this
Consent Order Written notice of the engagement of the Contractor
shall be provided to EPA within five (5) days of such engagement and
a copy of the Respondents contract with the Contractor including a
statement of qualifications and identification of project personnel
shall be provided to EPA at that time Respondents shall notify EPA
regarding the identity and qualifications of any additioial
subcontractors and their key personnel at least fcurteen (14) days
prior to the Subcontractors commencement of Site work EPA shall
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have the right to disapprove based upon professional qualification
any Contractor or person engaged by Respondents to conduct Activities
under this Consent Order
20 Designation of Project Coordinator Seven (7) days after
the effective date of this Consent Order EPA and Respondents shall
each designate their own respective Project Coordinator Each
Project Coordinator shall be responsible for overseeing the
implementation of this Consent Order Any permanent change in the
designated Project Coordinator of either EPA or Respondents shall be
accomplished by sendiro written notice to either party The absence
of the EPA Project Coordinator from the Site shall not be the cause
for the stoppage of worlt unless the EPA Project Coordinator specifies
wcrlt o be jcccrpiiir--i inly when he or she is present
21 Site Accr- To -he extent that this Consent Order
requrr-- access to p~rerty ether than that already owned by the
esc-Jc-t j the Peso- ientc shall use their best efforts to obtain
ste jccoiis agreeron - rrcrr -he owners cf the Site ard any other
property wnich is ncccr-ry to successfully perform the activities
described ir this Consent Order within ten (10) cays after the
execution of this Consent Order by all parties Such agreements
shall provide to EPA its designated coordinator and its agents
employees authorized representatives and contractors reasonable
access to the Site for the purpose of overseeing Respondents
implementation of this Consent Order In the event that Respondents
conclude they are unable to obtain a necessary site access agreement
within the referenced time Respondents shall immediately notify EPA
in writing and shall include in such notification a description of
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che efforts made by Respondents to obtain the necessary access and
the reasons for their inability to obtain such access A delay in
performance of the Removal Activities which results from the
inability to secure such site access shall constitute an excusable
delay for the purposes of paragraph 32 if the cause of such inability
is not within the control of Respondents
22 Creation of Danger Upon obtaining information concerning
the occurrence of any event during the Removal Activities that causes
or threatens a release of hazardous substances from the Site or that
threatens public health welfare or the environment Respondents
snail notify within twenty-four (24) hours the EPA Project
Coordinator or in the event of his or her unavailability shall
notify wthin the sarro -werty-f cur (24) hour period the Ererccncy
Sest-orDe rit 3egr United States Environmental Protection
Agency -etting forth bull re events that occurred and the measures taken
and 10 bo -^ken if appr - pr e to mitigate any harrr caused or
nreat-bullo-j by the event raquo-d to prevent the reoccurrence cf such an
event Respondents crall have no obligations under this Order to
jndertake reasures to rritigate any such event not related to their
performance of the Removal Activities Regardless of whether or not
such a report is made to EPA if EPA determines that activities
undertaken in connection with this Consent Order have caused or may
cause a threat to on-site personnel or to the public health or
welfare or to the environment EPA may (a) order Respondents to stop
further implementation of this Consent Order for such period of time
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as may be needed to abate any such release or threat anderr (b)
undertake any actions which EPA determines are necessary to abate
such threat
23 Availability of Data Respondents shall submit to EPA the
results of all sampling andor tests and all other data generated by
Respondents by the Contractor or on Respondents behalf in the
course of implementing this Consent Order in its Progress Reports or
other Reports as described in the Work Plan or in this Consent Order
24 Record Preservation Respondents shall preserve during
tre pendency of this Consent Order and for a period of net less than
six (6) years after ecrrpletirg the work required by this Consent
Order all records arc icc--erts in their possession cr in the
c jsres rr f their ccucrse Action Contractor which relate in any
-ay z -bullbullgt --rfcrrar -ltbull i-e vork Plan cr this Consent Crccr
rotw irct-rcirg any cc-rc-i retention policy to the contrary After
bull nis - bull bullbull= perirj Pospc- Jc-its nay request in writing perrrisjion
bull jeer_y -ry sucr bullbull-bullgtrcc r docurrcr^3 This requort shall be
accrc-rci by a eery iris Consent Order and shall be rent by
certified rail return receipt requested to the following address
Robert A DiBiccaro Acting Regional Counsel (or the current Regional Counsel) US Environmental Protection Agency JFK Federal Building Rm 2203 Boston Massachusetts 02203
Within sixty (60) days of receipt of a request by Respondents to
destroy any or all such records or documents EPA will notify
Respondents whether such request has been granted or denied If EPA
denies such request Respondents shall make available to EPA such
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records and documents or copies of any such records and documents and
all obligations of Respondents to preserve records pursuant to this
Consent Order shall cease EPAs failure to respond to Respondents
request within the time period specified herein shall be deemed an
approval of said request and all obligations of Respondents to
preserve records pursuant to this Consent Order shall cease
Notwithstanding the terms of this paragraph Respondents do not waive
their rights to assert any privileges which may be applicable to such
records and documents
25 Place and Varrer of Notice Communications between
Respondents and EPA and all documents including reports approvals
disapprovals written rctices and other correspondence to be
suomitted- pursuant - rris Ccrsent Order shall be sent by certified
raI return receipt bull queste-J or by courier to the Project
Coordinator at the ll_wirg address or such other addresses as
Respcrde-gt13 cr EPA gtro-fttr ray designate in writing
a Docurc--j three ccpies) to be submitted to EPA should
oe cct to
Ricnard Haworth EPA On-Scene Coordinator US Environmental Protection Agency New England Regional Laboratory 60 Westview Street Lexington MA 02173
and one copy to
Wayne M Robinson EPA Remedial Project Manager US Environmental Protection Agency Waste Management Division JFK Federal Building HSN Boston MA 02203
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b Documents (three copies) to be submitted to Respondents
should be sent to
(name and addresses of Respondents contractors)
26 Necessity of Formal Approval No informal advice
guidance suggestions or commerts by EPA regarding reports plans
specifications schedules or any other writing submitted by
Respondents shall be construed as relieving Respondents of their
obligation to obtain such formal approvals as may be required by this
Consent Order
27 Procedure for Sbrssicn of Deliverables to EPA All
deiiveraoles identified in Attachment A for submittal to EPA shall be
so delivered to EPA in accordance with the Schedule set forth in the
Scope -f Work Prior -0 receipt of final EPA approval any report
bullbullJDTbullbullbullbull to EPA for ipprvl shall be rarked Draft on each page
arc jr-all include n a prc~irent location in the document the
follcwir- isciarcr Thib Document is a DRAFT which has not
recebullbullbullbull-bull iral EPA -ppr --I EPA will review Reports in accordance
wtn pa-rcpns 28 ne Consent Order
28 Procedure fr Review Revision and Fiial Approval of
Reports All deliverables identified in the Scope of Worn
(Attachment A) and this Consent Order for delivery to EPA (Reports)
shall be so delivered to EPA in accordance with the schedules set
forth in the Scope of Work and this Consent Order EPA will review
the Reports to determine whether they are consistent with the
requirements of the Scope of Work and Work Schedule and this Consent
Order If EPA determines that revisions to a Report are necessary
EPA will notify Respondents of EPAs requested revisions and the
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parties will expeditiously confer to discuss such requested
revisions Respondents shall thereafter submit a draft of the
revised Report in accordance with a schedule for revision set by EPA
which is reasonable considering the nature and extent of the proposed
revisions and the time period which was initially available for
Respondent to produce an acceptable report If Respondents fail to
submit such a revised Report within the specified schedule the
provisions of paragraph 30 may be invoked by any party to this
Consent Order
29 Xodificatinn ~pound Consent Order and Scooe of Wrrk This
Consent Order may only oe -edified upon the written agreement of both
EPA by signature cf Seniorsal Administrator and the Respondents
The jpprcvec ork l^r -ay to -edified by Respondents eriy upon
written crc-orent rT ~y tre signature of the Massachusetts
Section Chief and ltbullrdc-rt3 except that if CERCLA or the NCP are
ane~Jed prur to trlt bull-bullbullbullr t f c t ion of the Respondents worlt
a c t i v i t i e s is prcvij- 3 - paragraph 39 EPA nay request a
modi f icaticr to the -bullbull lax cr develop new Work Plans but only to
the extent expressly rec-jired pursuant to said amencrents of CERCLA
or the NCP Respondents assent to such a request for modification
shall not be unreasonably withheld
30 Dispute Resolution If the Respondents object to any EPA
notice of disapproval or decision made pursuant to this Consent
Order the Respondents shall notify EPA in writing of its objections
within ten (10) days of receipt of the decision EPA and the
Respondents have seven (7) days from the receipt by EPA-of the
notification of objection to reach agreement If agreement cannot be
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reached on any issue within this seven (7) day period EPA shall
provide a written statement of its decision to the Respondents
Respondents shall commence implementation of the activities required
by the EPA decision within five (5) days of receipt of the decision
In the event that the Respondents do not implement the activities
required by the EPA dt-ision the EPA Regional Administrator may take
such civil enforcement action against Respondents as may be provided
by statutory or equitable authorities including but not limited to
the assessment of such civil penalties or damages as are authorized
oy Sections 106(b)(l) and 107 (c) (3) of CERCLA as amended
31 Delav in Perf^rmancStipulated Penalties For each day
that the Respondents fail to comply with any time deadline estashy
oiioned pursuant to TS Consent Order the Respondent shall pay the
jjrrs -ot rtn belcw _ -t_ted penalties
Per cf Fail rraquo ~- Ct-plv Penalty Per Dav
1st - 7th bull-- $ 2500 8th - 15th y lOOOGi eacr ~ay th--r- -rr 400000
Any pound-cn -enalty sn^ll lt Jj- and payable within ten ilO) cays cf the
receipt cf a written demand by EPA Payment of any such penalty
shall be made by certified crecK payable to the Hazardous Substances
Superfund and mailed to the following address with a notation of the
docket number of this Consent Order
US Environmental Protection Agency Hazardous Substance Superfund P 0 Box 371003 M Pittsburgh PA 15251
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Notice that such payment has been made shall be provided in writing
to the EPA Project Coordinator The stipulated penalties set forth
in this section do not preclude EPA from electing to pursue any other
remedies or sanctions which may be available to EPA by reason of the
Respondents violation of this Consent Order or the Respondents1
failure or refusal to comply with any of the requirements of this
Order except that EPA agrees that all civil penalties for failure to
comply with the time requirements established pursuant to this
Consent Order shall be limited to the amounts calculated under this
paragraph If Resporccrtr pay stipulated penalties for a specified
period of time for late ccrpliance and EPA subsequently recovers
additional fines cr penalties for the same period of late compliance
r court the fines ard pe- 11 es shall be reduced by the arount of
tre 5tp l-iec peral c-s r~- -degr that period of late corrpliamprce
32 Excuses fr ~lpoundv~ n Perfornaree With respect to
Sespcrcc-tc corcpli -ce wit jny interim or final time deadline set
fcrtr - tris Consent ltpoundbullbull including any iTpierrentatior scnecjles
ccr cai eo in plans ^prvcJ Lv EPA pursuant to paragraph 28 and with
respect to the penalty provisions of paragraph 31 no stipulated
penalties or other sanctions will be imposed for delay directly
caused by the following which could not have been overcome by
Respondents due care (i) any act of God (ii) any Order issued to
Respondents by EPA under the provisions of paragraph 22 provided
that such delay did not arise as the result of the performance of the
Removal Activities (iii) any delay which results from failure to
secure access to the Site if the cause of such failure is not within
the control of Respondents (iv) any delays caused by EPAs failure
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to complete in a timely manner its review of plans and reports (v)
any delay experienced by the operation of the dispute resolution
procedure set forth herein and (vi) any other cause beyond the
control of Respondents provided however that increases in the cost
of performance of the removal activities shall not excuse such
performance nor affect the applicability of the penalty provisions
andor other sanctions which are provided for under this Order Such
penalties and sanctions shall be avoided only if and only to the
extcrt that such delays rratcrially interfered with or prevented
Respondents executor of their responsibilities during the period of
sucr delay Respondents shall notify EPA within twenty-four (24)
hours ir the event -hat circumstances occur which Respondents assert
snc-lu rccr the -xcu-e provisions cf this paragraph and shall
oert fy bullraquo vr spec y -bull cause or causes of such delay and the
estrat-jj J-jratior -cr Jc-liy Failure to notify EPA shall result
r - waivo Resp- j- -t right to assert that the delay should be
egtcbullbullbull L -ccr -he bullbullbullbull-- -ris paragraph Jpon receipt cf such
rot ic^i cr EPA wll -iotc-rTiie whether the delay is appropriately
exc-icd jrcer this parucraph and shall soon notify Respondents
Respondents further agree to use their best efforts to minimize any
delay which may result Respondents acknowledge that they will have
the burden of justifying excuses for delay in performance under this
paragraph
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33 Waiver of Settlement Conference In consideration of the
conununi cat ions between EPA and Respondents prior to the issuance of
this Consent Order concerning its terms Respondents hereby agree
that there is no need for a settlement conference prior to the
effective date of the Consent Order
34 Civil Penalties for Non-Compliance Respondents are
advised that except as provided by paragraph 32 of this Order if
Respondents violate or fail or refuse to comply with this Consent
Order or any portion tf-oreof EPA reserves its rights pursuant to
Sections 106(b)(l) and 107(c)(3) of CERCLA as amended with respect
to the imposition of civil penalties and punitive damages
35 Confidentiality Clairs Respondents may assert a
confidentiality clair if appropriate covering all or part of the
nf crrat en request- J LY bull_- is Consent Order pursuant to 40 CFR
2203(L) Such an ace-er en shall be adequately substantiated when
bullhe deserticn is rrj-co eitr9r analytical data nor any information
poundccfc-j in Sectin 1 - lt- ) bull 7 ) ( F cf CERCLA as amended by SARA
snail oe claimed is c- ideniial by Respondent Information
determined to be confidential by EPA shall be afforded the protection
specified by 40 CFR Part 2 Subpart B and in Section 104(e)(7) of
CERCLA as amended by SARA If no such claim accompanies the
information when it is submitted to EPA it may be made available to
the public by EPA without further notice to Respondents
36 Liability of Respondents Response Action Contractor The
Response Action Contractor in connection with the activities set
forth in Attachment A hereto shall not be liable under -CERCLA or
under any other federal law to the United States Government for costs
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or damages which result from a release or threatened release of
hazardous substances or pollutants or contaminants provided that such
releases rr threatened release was not caused by conduct of the
Response Action Contractor which was negligent grossly negligent or
which constituted intentional misconduct Said Response Action
Contractor shall have the burden of demonstrating that such conduct
was not negligent grossly negligent or did not constitute
intentional misconduct Nothing in this paragraph shall affect the
liaoiiity of any person under any warranty under federal state or
corruTon law
37 Incernnif icat icn Respondents agree to indemnify and save
arc hole rarriess the Jrtec States Government its agencies
jep bull--bullbullbull z agens ffcerrgt employees and representatives from
jry -c ciairs r --bullbull_ f action arising from or cr account of
acts r -lesions z gtcc----z their officers employees agents
-bullco vo - bull r-jsteei i2s--_ r contractors in carrying cut the
-ct bullbullbull- L^rsuant bull bull rs -rpoundent Order
38 eccvery bull Cs ~ EPA reserves the right to bri-c an
action acairst Respcrcert pursuant to Section 107 of CERC1A for
recovery of costs incurred in oversight consistent with paragraph 17
herein administration and enforcement of this Consent Order and
any other past and future costs incurred by the United States
Government in connection with response activities conducted pursuant
to CERCLA at this Site
39 Certification of Respondents Performance of the Work
Activities Upon receipt by EPA of notice from Respondents that
they believe they have satisfied their obligations under the Work
-21shy
Plan and this Consent Order EPA shall determine if Respondents
have met all of their responsibilities under the Work Plan and
under the provisions cf this Consent Order Within twenty-one
(21) days after receipt of said notice EPA will either (a)
provide Respondents with a statement of all of their
responsibilities which EPA believes are still outstanding or (b)
certify to Respondents that their responsibilities under the Scope
or Work and under the provisions of this Consent Order have been
cotrpleteiy and successfully discharged and that the work performed
by Respondents pursuant to this Consent Order and the Scope cf
Aorlt is consistent with the NC
bull10 Covenant Sst to Sue and Contribution Protection In
ccroicerat cr of and pcr certification by EPA that Respondents have
ccTplc-toly Jird succ-r i^lly d5charged their responsibilities under
ti-e -or- Plan and j-J^r the provisions of this Consent Order as
provided -or in parr ph 33 herein EPA covenants not to s-e
Rerc rdct3 n any bdquobull v 1 cr viririst rat ive action for the performance
cf tre vcrK Plan bull v jec rcwcvcr such covenant not to sue does
not extend to any ether liabilities that may be associated with the
Site including but not limited to any other response actions that
have been or may be undertaken at the Site This covenant not to sue
becomes effective upon the issuance by EPA of the certification
provided in paragraph 39 Nothing in this paragraph shall preclude
EPA from enforcing the provisions of this Consent Order in any
judicial or administrative proceeding It is the intention and
understanding of the parties to this Consent Order that the
-22shy
protection from contribution claims as provided by Section 113(b)(2)
of CERC1A as amended applies to any claim with respect to
performance of the activities pursuant to the Work Plan
41 Credit for Expenditures made pursuant to this Order
A Upon certification that Respondents have discharged
their responsibilities pursuant to the Work Plan and under the
provisions of this Consent Order Respondents shall present EPA with
an accounting of (1) all costs incurred consistent with the NCP in
deveioprert of the Work Plan and in performance of the Work Plan and
the other activities required by this Consent Order those costs will
oe segregated into two categories costs specifically associated with
bullr-e Arcror Tank Materials and all other costs and (2) the amounts
paid by -acr Pespcrdc-rr n connection therewith EPA agrees that
bullaiJ gtbull_bullbull rall no rjt i bull--bull a penalty paid by the Respondents
3 With bull-bull_bull (20) cays of receipt of such accounting
~A w i l l approve all --sts jccr-nted for by Respondents which are
orr2-t with =uup jrapr -(I) (Approved Consent Order Costs)
per z^cr approval ~A ^are-_3 to reduc-3 the amount of response costs
wnich it will seek to recover from Respondents pursuant to CERCLA or
otherwise in connection with the Site according to the following
formula said response costs shall be reduced by the Approved
Consent Order costs incurred in performing the work activities
associated with the Anchor Tank materials and by the amount resulting
from multiplying the Approved Consent Order Costs other than those
associated with Anchor Tank Materials times the quantity one minus
the result of dividing the aggregate volume of the Respondents waste
by the total volume of waste sent to the Site The volumes for these
-23shy
calculations shall be taken from the Volumetric Sank List attached as
Appendix 3 to the Administrative Order by Consent Docket No
at the time of publication in the Federal Register
C In the event that any Respondent otherwise receives
credit for Approved Consent Order Costs through settlement or
litigation the credit amount calculated under subparagraph (b) for
all Respc-dents shall be reduced by the amount of the credit received
through these other channels Moreover this paragraph shall in no
way limit or affect EFAs right to seek joint and several liability
against Respondents in any court action for all damages arc ether
costs incurred or to be incurred by EPA at the Cannons Engineering
Corporation Site This reduction in EPAs response costs with
respect - the Site -rail affect only recovery of response costs from
-r-e rc-cp-T-i--nts arc r l iv -o way affect the right cf EPA to seek
cint and -everai l i a b i l i t y JPC recovery of all resporse costs from
potentially respcrciLlo parties other than Respondents
42 PAs Re-laquobullbullbullbullbullbull-bull -- -f Richts EPA expressly reserves all
tre right- and defevcvs tra- it may have including EPAs right to
disapprove of work prforrcd by Respondents and to request that
Respondents perform tasks in addition to those detailed in this
Consent Order In addition EPA reserves the right to undertake
removal andor remedial actions at any time and to perform any and
all portions of the Work Activities which Respondents have failed to
perform properly provided however that EPA agrees to use its best
efforts to avoid duplication of Respondents activitiesunder this
Order Except as otherwise limited by paragraphs 31 and 32 EPA
reserves any and all rights to take any enforcement action pursuant
-24shy
to CERCLA as amended by SARA andor any available legal authority
This Consent Orde- does not constitute any decision on the
preauthorization of funds under Section lll(a)(2) of CERCLA as
amended by SARA
43 Respondents Reservation of Rights The participation by
Respondents in entering into and carrying out the terms of this
Consent Order shall rct be considered an admission of liability for
any purpose Nor shall such actions or participation by Respondents
constitute a commitrort or agreement either express or ixpiied to
undertake further activities at the Site other than these necessary
to perferr the Remcvcl Activities in accordance with the Work Plan
and rris Ccnsent Order or to undertake any remedial actions at the
Site r-ctwi thstandir -ry finding conclusions or reccn-Terdat ions
-ace - crrecticn ~-- performance of the Work Plan Except as
exprezly ret fortr - trie Consent Order Respondents reserve all
rcr= -rey r-_ have- -o opprre or defend against any action or claim
o r c ~ r t j
bull ther Clbull mdash Nothirg in tris Consent Order snail
constitute or be ccrstrucd as a release or a covenant not to sue
regarding any claim cause of action or demand in law or equity
against any person firm trust joint venture partnership
corporation or other entity not a signatory to this Consent Order for
any liability it may have arising out of or relating in any way to
the generation storage treatment handling transportation
release or disposal of any hazardous substances hazardous wastes
pollutants or contaminants found at taken to or taken from the
Site EPA shall not be liable for any injuries or damages to persons
-25shy
or property resulting from actions or omissions of Respondents in
carryinc out the activities pursuant to this Consent Order nor shall
EPA be held as a party to or in any other way liable under any
contract entered into by Respondents or by the Response Action
Contractor in carrying out the activities pursuant to this Consent
Order Except as otherwise herein set forth or agreed this Consent
Order shall not estop or limit any legal or equitable claims of the
United States against Respondents their agents contractors or
assigns including but not limited to claims related to releases of
hazardous substances gtr other pollutants or contaminants
45 Other laws All actions required to be taken pursuant to
-his Consent Order snail be undertaken in accordance with the
recjirererts of all appi icabl-e state and federal laws and regulashy
ticrs rcl-cirg laws rolatira to occupational safety and health and
ctrer federal envi r rctul laws as defined in current EPA policy
Otfer agencies nclJc -he Occupational Safety and Health
-crir 12 ration lOSi- -rd bull e fish and Wildlife Service (FiWS) may
oe called jpon to rev-- rc ccndjct of work under this Consent
Order In the event ihat there is a conflict in the application of
federal or state laws cr regulations the more stringent of the
conflicting provisions shall apply
46 Notice to the State Pursuant to the requirements of
Section 121(f) and 104(b)(2) of CERCLA as amended by SARA EPA has
notified the Commonwealth of Massachusetts of the scope of the
Response Action the negotiations with the potentially responsible
parties and of the issuance of this Consent Order
-26shy
47 Notice to the Federal Natural Resource Trustee Pursuant
to Sections 122(j) of SARA EPA has notified the Federal Natural
Resource Trustee of the scope of the Response Action the negotiation
with the potentially responsible parties and of the issuance of this
Consent Order
48 Separate Documents This Consent Order may be executed in
two or more counterparts each of which shall be deemed an original
but all of which together shall constitute one and the same
instrument
49 Effective Dare This Consent Order shall be effective upon
the date cf Respondents1 receipt of notice of signature by the
Seccrai Administrate- All times for performance of activities
jrcer -5 Consent Crder shall be calculated from that date
IT S SO AJPEID AND 3IRID iV
bullcr-e P leiarc Date
-27shy
IT IS SO AGREED
Name of Respondent ACUSHNET COMPANY
By Dale M Shenk Vice President and Controller
Title
January T 8 8 Date
-28shy
IT IS SO AGREED AMERICAN C^AMID COMPANY
Name of Respondent
By A JsJ Costello
Executive Vice President Title
bulljruary 1D3S Date
-28shy
IT IS SO AGREES
AMERICAN NATIONAL CAN CORPORATION Name cf Respondent
By S1U4uJ [ampJUULL~-~AT LAW
JAMES BALLS bull_
Title
JAMASY 7Date
198B
laquo By his signature hereon Janes Seller certifies that he has authority to bind Respondent to the terms of this agreement
-28shy
IT IS SO AGREED
ATampT Technologies Inc Name of Respondent
By ATampT-Engineering Vice President
Title
Date
-28shy
0 A
IT IS SO A G R E E D
Name of Respondent
By John L Fox
General Manager Title
January 6 T968 Date
-28shy
IT IS SO AGREED
Name of R e s p o n d e n t ^-
CHAMBERLAIN MANUFACTURING CORPORATION
By
General Co Title
Jaruar- D a t e
1988
-28shy
IT IS 60 AGREED
Name of Respondent ^ t~poundr llS^eL
Byj Richard Barth
Preeident fc Chief Executive Officer Title
CIBA-GEIGY corporation January 6 1988
Date
-28shy
IT IS SO AGREED
Name of Respondent Earthline Company fsCA
By
Authorized Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent FAIRCHILD SEMICONDUCTOR CORPORATION
By C R Bostic
Its Representative Title
January 4 1986 Date
-28shy
IT IS SO AGREED
Name of Respondent Franklin Pumping Service Inc
By
J I J (President)
1788 Date
-28shy
IT IS SO AGREED
Name of Respondent General Dynamics Corporation
By
Daniel S Hapke Assistant General Counsel T i t l e
4 January 1988 Date
-28shy
IT 18 SO AGREED i
of Ropondtnt
By
-28shy
In the Matter of Cannons Engineering Corporation Administrative Order by Consent
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
Hoechst Celane^e Corporation
Heinz X HofmeistermdashVice President Title
-28shy
IT IS SO AGREED
Name of Respondent HoffaeM-La Bocht Inc
By EB Anderson Senior Viet Prttident
Title
-28shy
P3 ICIO UflWDGFT GO JMN 0 8
XT IS SO ACREEDi
of Respondent rrt
bullyi
Jlflua r v 7 shym
IT IS SO AGREED
Name of Respondent Interex^Corporation
By
Authorized Axteht Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent
By
January 13 1988 Date
Millipore CorporationWaters Associates
Senior Vice President Title
-28shy
Cannons Engineering Corporation Administrative Order by Consent Bridgewater Removal Action
IT IS SO AGREED
Name of Respondent MONSANTO COMPANY iIs
Ishy t- r S S rr- -w ~
By
ff Title
Dote
-28shy
E00 3pound
IT IS SO AGREED
Name of Respondent
By
-IVCL
pound1
Title
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
POLAROID CORPORATION
VICE PRESIDENT AND SECRETARY Title
-28shy
IT IS SO AGREED
Name of Respondent Re eyeling Industries Inc
By
Authorized Agent title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent TECH- gTCM
By
Title
Date
-28shy
ATTACHMENT A
BRIDGEWATER CANNONS ENGINEERING CORPORATION SITE CONSENT ORDER WORK PLAN
I Introduction and Purpose
The purpose of this Consent Order Work Plan is to identify
response actions to be taKen by Respondents of the Site pursuant to
the foregoing Consent Order
I1 Scooe of Work
1 The following are the removal activities required by the
Consent Order
a Renov3- cf XTas-cs The following waste materials shall
oe roTcvo^ frcn the jte poundrd properly disposed of in accordance with
ail applj^oie erv r crrort1 laws and regulations
apprcxirrateiy 400 five-gallon pails containing
waste -atoral from inside the Equipment Building
This -aterial was previously located irsice the box
trailers
approximately 400 less than five-gallon pails which
have had the contents removed into two 55-gallon
drums
approximately one drum full and one drum 34 full
which were generated from the emptying of the above
mentioned less than five-gallon containers
-29shy
approximately 350 containers of laboratory reagents
which were abandoned in the laboratory inside the
Equipment Building
a container approximately one pint in volume
containing an unknown liquid which is considered to
be shock sensitive and will be treated as such
one five-gallon pail of bulked laboratory samples
one three-gallon pail of bulked laboratory samples
approximately 1000 gallons of aqueous waste
material contained in above-ground storage
containers which include less than 10 partially
filled druTs one dumpster and one tank trailer
appr- xiTately 25000 gallons of aqueous waste
material crrtained in the underground tanks
app r bull IT -ic-ly 500 gallons of waste oil determined
to contain a CB content of less than 2 parts per
appr c bull irrately two 55 gallon drums of materials
scraped from trailer bottoms
approximately two 55 gallon drums of contaminated
sorbent material from the equipment building floor
contaminated soil from opening area not to exceed
20 cubic yards
one 55 gallon drum approximately three-quarters
full of contaminated lab water from on-site
laboratory used during initial EPA removal
activities and
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approximately seventy-five 30 gallon garbage bags
containing contaminated protective clothing and
sampling implements
b Transportation of Wastes All of the above-described
wastes will be transported in accordance with all applicaole laws and
regulations including but not limited to all Department of
Transportation (DOT) regulations Additionally all containers
shipped off site and all vehicles carrying these containers will be
properly and completely labeled and placarded in accordance with all
applicable laws and regulations
c Disposal cf Wastes The Respondents shall make all
arrangerents necessary 10 accomplish the proper disposal of all of
the ebcve-cescribed wastes This shall include making available
disprsol perscrrel frr- -e selected disposal facility as needed to
ass-re hat the pack- J-TC snipping methods used meet the disposal
f a c i l i t y specifications f~r acceptance of wastes For elt ch waste
r-aterial ~z oe rencve-j ircr tre site the Respondents shall indicate
befcrc the waste is rerrcved frcrr the site the method of disposal the
name(s) of the facilityiies) to be utilized the compliance status of
the facility(ies) to be utilized the name(s) of transporter(s) to be
utilized the method of transport for each waste and the packaging
to be utilized
d Record of Disposal The Respondents shall provide EPA
with all paperwork documenting the location of all wastes that leave
the site This shall include all temporary storage facilities that
may be utilized before the waste reaches its final destination for
disposal All wastes removed from the site will be pursuant to an
-31shy
appropriate Hazardous Waste Manifest EPAs On-Scene Coordinator
will sign each manifest relating to the Anchor Tank material so as to
indicate that EPA is the generator of the Anchor Tank material being
removed from the site For all wastes that leave the site the
Respondents will supply information to include but not be limited
to the date of arrival and departure of each waste to or from each
facility a list of all wastes in question and the signature of the
company representative who accepted the wastes in question
Additionally for any waste that is incinerated or otherwise
destroyed the Respondents shall provide certification by a company
official of the facility destroying the waste that the waste was
ndeed destroyed ard by what nethod it was destroyed
e Site Postcraticn Before final demobilization the
^espcrv-- 3 shall restore the site to an acceptable degree This
-bullill ircl-de assur-rce tl-at no trash or waste materials or equipment
associated with any rf the removal activities is left on site Any
~aterjl including soil which has not been contaminated by site
rperatiors shall be returned to its original location
2 The following activities shall also be performed by
Respondents to fulfill the objectives of the Response Action
a Work Plan The Respondents shall prepare a Work Plan
consisting of all activities and subtasks The Work Plan shall
identify all deliverables to be produced during the Work Activities
including timetables for performance of the Work Activities and
production of the deliverables The Work Plan shall identify each
previously identified waste material to be removed from the site and
the Quality Assurance and Quality Control to be used during Work
-32shy
Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
-33shy
b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
-34shy
subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
-35shy
performance of a certain removal action at a Superfjnd Site formerly
operated by the Cannons Engineering Corporation (CEC) in Bridgewater
Massachusetts (the Site)
This Consent 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 (CERCLA) 42 USC $ 9606(A) as amended and delegated to
the Regional Administrator EPA Region I by EPA delegation No 14-14
A signed en April 16 1984 Without admitting liability or the
accuracy of any factual allegations or determinations set forth
nerein Respondents agree to undertake all actions required by the
terrs cf this Consert Order Moreover Respondents agree and submit
to the jurisdiction asserted in this Consent Order for the purpose of
any subcerruort proc--virgs for the implementation or enforcement of
this Censer Order J-G furtrer agree not to contest this jurisdiction
n such prcceedires
II PARTIES BOUND
2 This Consent Order shall apply to and be binding upcn the
following parties
a The United States Environmental Protection Agency and
b Each Respondent its agents employees representatives
contractors consultants successors and assigns
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3 Any change or changes in the ownership or corporate status
of a Respondent shall in no way alter that Respondents
responsibilities under this Consent Order Each Respondent shall
provide a copy of this Consent Order to any subsequent owners or
successors
4 Respondents shall provide a copy of this Consent Order to
all contractors subcontractors laboratories and consultants
retained to conduct any portion of the work performed pursuant to
this Ccnsent Order within seven (7) days of the effective date of
this Consent Order or the date of such retention Any reference
rerein to the Consent Order shall mean the Consent Order and the Work
Plan annexed hereto as Attachment A as either nay be gt rerced from
me t z me hereafter
STATEMENT OF PURPOSE
5 In enter irs -_ o this Consent Order the mutual cbjectives
UFA -rd Pespcrcc--bull ire bull re removal of the hazarcru^ uostances
pollutants or centum i-t5 from the Bridgewater Massachusetts site
and the prevention cr mitigation of the migration off-site or the
release of hazardous substances pollutants or contaminants from the
site in accordance with Attachment A The activities conducted
pursuant to this Consent Order are subject to approval by EPA and
shall be performed consistent with the National Oil and Hazardous
Materials Contingency Plan (NCP) 40 CFR Part 300 50 Fed Reg
47912 (November 20 1985) effective February 18 1986
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IV STATEMENT OF FACTS
6 The Cannons Engineering Corporation Bridgewater Site
consists of approximately 4 acres of land located in the Bridgewater
Industrial Park in the western part of the Town of Bridgewater
Plymouth County Massachusetts The site is bordered to the north
and south by lots owned by the Bridgewater Industrial Park Inc to
the west by Route 24 and to the east by First Street
7 The site consists of the following facilities the Tank
Farm Building containing 11 tanks with total storage capacity of
approximately 165000 gallons the Ready Building (used to store the
waste before processing in the incinerator) containing four tanks
with a total storace capacity of approximately 50000 gallons the
IrcirTatcr Buildirc arc adjacent fuel tank the Equipment Building
corainirg the CIC ljocrjtraquory and other facilities two box trailers
contain ira Anchor 7anlt Lir ira Inc materials three tankers two of
wnicr contain waste iquics an office trailer five grouped 30000
sailzr outdoor above- -rc--d inks underground storage tar-s arc a
septc system an urcc crounc storm drain system and an underground
drainage sump and otrer above ground debris
8 CEC purchased the property in 1974 During the period from
1974 to 1980 CEC constructed and operated the facility to handle
store and incinerate chemical wastes In 1978 and 1979 CEC applied
for and received a license from the Massachusetts Department of
Environmental Quality Engineering (DEQE) to operate a Hazardous Waste
Collection and Disposal Facility In June 1980 CECs 1979 hazardous
waste license was revoked by the Massachusetts Executive Office of
Environmental Affairs for hazardous waste reporting violations
-4shy
Following revocation of CECs license the court appointed a Special
Receiver to oversee the operations at the facility Because of
financial and legal difficulties CEC was unable to continue
incinerating the remaining chemical wastes stored on site On
November 28 1980 CEC stopped all operations at the site
9 An EPA investigation at the site in July 1987 found Picric
Acid and Sodium Azide present on the site Both are shock sensitive
materials and presented an explosion hazard
10 laboratory reagerts stored in bottles on shelves inside the
laboratory inside the Equipment Building include toxic substances
(carbon tetrachlorce) acids (nitric acid) oxidizers (sodium
perci-lcrate) cyanide ccrpc-rds (sodium cyanide) and f lamables
(toljcnc) Waste carpl es -ere also stored inside the laboratory
11 Anchor TarK Lrir- irc brought and left en site two box
trailers c-rcairirg r rcirecs five (illon containers cf abandoned
parts pa- remove ^ arc ctrer tank lining material These
joa-dzro-J -aterial- lt TO Ancrraquor Tank materials) were c eked in the
trailers ra precarizjs rarrer Some containers had filler to the
floor spilling their contents while others showed signs cf
deterioration and lcalaquoage
12 Also on site are several underground tanks containing waste
materials and above ground tankers also containing waste materials
13 Based on the results of his investigations on July 16
1987 EPAs On-Scene Coordinator recommended authorization of a
removal action and on this date the Regional Administrator approved
$74745700 dollars to perform the removal action On July 29 1987
site security was established by the presence of a 24 hour guard at
-5shy
the site During August a response manager and chemist under
contract with EPA arrived en site The shock sensitive materials
were desensitized and removed from the site The EPA contractors
assembled a decontamination area cleared the equipment building of
miscellaneous debris compacted together small containers into two 55
gallon drums and collected various containers and lab samples The
containers in the Ancnor tank trailer were removed to the Equipment
building opened and screened for compatibility
V ENDANGERMENT
14 A hazard exists at the site due to the presence of
chemicals abandoned in the laboratory A threat of reaction and
release s presented ry =torpoundge in the laboratory of non-compatible
rjrpfjrj ojch as acJ= gticizers cyanide ccrrpc-rcs and fllaquorrables
n close proximity The storage in structurally deteriorating
containers of Anchor an- Linings waste materials also creates a
-rreat f fire and r-lc-are An additional threat of release arises
from the sbardcrmont - s~e cf other liquid wastes and waste
materials
VI DETERMINATIONS
15 On the basis of the findings of fact and reports cited
therein EPA has determined that
a Each Respondent is a person within the meaning of
Section 101(21) of CERCLA 42 USC 9601(21)
-6shy
b Each Respondent is a potentially responsible party with
respect to some response costs incurred in connection with the site
within the meaning of Section 107(a) of CERCLA as amended 42 USC
$9607
c Many of the chemicals found on the site are hazardous
substances within the meaning of Section 101(14) of CERCLA 42
USC 9601(14)
d The past present or potential future migration of
hazardous substances it or from the Site constitutes an actual or
substantial threat of a release into the environment as those
terns are defined in Sections 101(8) and 101(22) of CERCLA as
amended
e The actu-1 releases cr threatened releases of a
naz-ror- -ubstsnco frrT the cite nay be an irmirer and substantial
encirscrrent to the rue-lie rc-alth or welfare cr the environment
w i t h i n -he rearing f 106(c) of CERCLA 42 USC sect 960G(a)
It is -c--ssary in order to protect the -ublic health
r welfare or the env rorncnt that actions be taken to abate such
cancers and threats that ray be caused by actual or threatened
release of hazardous substances from the Site For the purpose of
this Consent Order only such actions consist of the removal
activities described in the Work Plan set forth in Attachment A
hereto
g Respondents by undertaking the work activities pursuant
to this Consent Order and Attachment A will not have owned cr
possessed the Anchor Tank materials within the meaning of Section
107(a)(3) of CERLCLA as amended accordingly Respondents are not
-7shy
responsible parties within the meaning of Section 107 of CERCLA
with respect to the Anchor Tank materials and any response costs
which have been or may hereafter be incurred in connection with said
materials at any disposal or treatment facility to which Respondents
deliver said materials pursuant to this Consent Order s
VII ORDER
16 EPA hereby orders and agrees and Respondents without
admission of any issue of fact or law and in accordance with
Respondents Reservation of Rights as provided in paragraph 43
heresy agree that Respondents shall perform the activities set
forth in Attachment A These activities shall be conducted
pursuit o this Consent Or-Jer and shall be consistent with
CERCLA pound ar-erdec ry SARA ard the XCP If any inconsistencies
between ary cf the uocve laws cr regulations CERCLA as amended
shall 73VCTT Resp bull Jer-rG ncrce that they will conduct all
jct~s cescribec h s Ccnreit Order properly and accc rdirCj to
its terns ad the screcjlcs ^et forth herein
17 EPA Over siST1 It is hereby further ordered and
Respondents further agree that the Respondents shall reimburse the
Hazardous Substances Superfund for any cost consistent with CERCLA
and the NCP incurred by EPA including analytic cost under or in
connection with a contract or arrangement between EPA and a
qualified person to assist EPA in overseeing and reviewing the work
activities set forth in Attachment A to be performed by_ Respondents
provided however that Respondents shall not be obliltited pursuant
to this consent order to reimburse EPA for such rversight coss in
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excess cf S [to be 15 of bid price for the removal work excluding
activities in connection with the Anchor Tank materials] cr fifteen
percent (15) of Respondents costs incurred in the performance of
the removal activities unrelated to the Anchor Tank Materials
whichever is greater EPA agrees to notify Respondents of its
intention to enlarge or materially change the scope andor costs of
EPAs planned oversight activities and to provide Respondents with an
opportunity to discuss with EPA any such changes At the conclusion
cf the activities to be conducted under this Order ZPA will submit
to Respondents an accc-rtirc cf all oversight costs incurred by the
US government with respect to this Consent Order Subject to the
dispute resolution prcvisicn as provided in paragraph 30 herein
espc-dc-- shall bull-bull-r n 20 calendar days of receipt of that
jcc-nt bull= remit ^ co t ic-j c eck for the amount of those costs
-ade ray-cle to the bullbullbullJr~z r-bstance Superfunu Checks shall
pecif itally ref erc-nco bull ne identity of tie Site and be addressed to
US r-v r-crtul Protection Agency Hazardous S-ostances Supcrfurd PO Box 2710C3 V Pittsburg- PA 15251
A copy cf the transmittal letter shall be provided to the EPA Project
Coordinator
18 Observation of Respondents Field Activities Subject to
Respondents right to access to the Site as provided in paragraph 21
herein Respondents shall allow EPAs Project Coordinator and other
EPA employees agents consultants contractors and authorized
representatives to enter and move about the Site at allreasonable
times including but not limited to any time that work is being
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carried out pursuant to this Consent Order for the purpose of
inspecting and observing progress in implementing the activities
pursuant to this Concent Order and for the purpose cf verifying the
data submitted to EPA Respondents shall permit such persons to
record ail field activities by means of photographic or other
recording equipment and to inspect and copy all records documents
and other writings which in any way pertain to work undertaken
pursuant to this Consent Order
19 Engagement cf a Response Action Contractor Within seven
(7) cays of the effective date of this Consent Order Respondents
shall engage a qualified and experienced Response Action Contractor
(Contractor) to perform the removal activities set forth in the
Sccce cf Acr (Attac--r-rt A) All work performed by said Contractor
pur-_jrt bull this Ccrj bullbullbull-_ Orcic- shall be under the general direction
and cpervision of a bull_ lificc professional with expertise in
raz^rdc-js waste site -vest ijjtion and clean-up The contractual
lt=G- -r-ert etween bull-bullc-J-ib ^nd the Contractor shall require the
Ccr-ractcr as a cere it r- successful performance of the contract
to perform the Work Activities consistent with the provisions cf this
Consent Order Written notice of the engagement of the Contractor
shall be provided to EPA within five (5) days of such engagement and
a copy of the Respondents contract with the Contractor including a
statement of qualifications and identification of project personnel
shall be provided to EPA at that time Respondents shall notify EPA
regarding the identity and qualifications of any additioial
subcontractors and their key personnel at least fcurteen (14) days
prior to the Subcontractors commencement of Site work EPA shall
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have the right to disapprove based upon professional qualification
any Contractor or person engaged by Respondents to conduct Activities
under this Consent Order
20 Designation of Project Coordinator Seven (7) days after
the effective date of this Consent Order EPA and Respondents shall
each designate their own respective Project Coordinator Each
Project Coordinator shall be responsible for overseeing the
implementation of this Consent Order Any permanent change in the
designated Project Coordinator of either EPA or Respondents shall be
accomplished by sendiro written notice to either party The absence
of the EPA Project Coordinator from the Site shall not be the cause
for the stoppage of worlt unless the EPA Project Coordinator specifies
wcrlt o be jcccrpiiir--i inly when he or she is present
21 Site Accr- To -he extent that this Consent Order
requrr-- access to p~rerty ether than that already owned by the
esc-Jc-t j the Peso- ientc shall use their best efforts to obtain
ste jccoiis agreeron - rrcrr -he owners cf the Site ard any other
property wnich is ncccr-ry to successfully perform the activities
described ir this Consent Order within ten (10) cays after the
execution of this Consent Order by all parties Such agreements
shall provide to EPA its designated coordinator and its agents
employees authorized representatives and contractors reasonable
access to the Site for the purpose of overseeing Respondents
implementation of this Consent Order In the event that Respondents
conclude they are unable to obtain a necessary site access agreement
within the referenced time Respondents shall immediately notify EPA
in writing and shall include in such notification a description of
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che efforts made by Respondents to obtain the necessary access and
the reasons for their inability to obtain such access A delay in
performance of the Removal Activities which results from the
inability to secure such site access shall constitute an excusable
delay for the purposes of paragraph 32 if the cause of such inability
is not within the control of Respondents
22 Creation of Danger Upon obtaining information concerning
the occurrence of any event during the Removal Activities that causes
or threatens a release of hazardous substances from the Site or that
threatens public health welfare or the environment Respondents
snail notify within twenty-four (24) hours the EPA Project
Coordinator or in the event of his or her unavailability shall
notify wthin the sarro -werty-f cur (24) hour period the Ererccncy
Sest-orDe rit 3egr United States Environmental Protection
Agency -etting forth bull re events that occurred and the measures taken
and 10 bo -^ken if appr - pr e to mitigate any harrr caused or
nreat-bullo-j by the event raquo-d to prevent the reoccurrence cf such an
event Respondents crall have no obligations under this Order to
jndertake reasures to rritigate any such event not related to their
performance of the Removal Activities Regardless of whether or not
such a report is made to EPA if EPA determines that activities
undertaken in connection with this Consent Order have caused or may
cause a threat to on-site personnel or to the public health or
welfare or to the environment EPA may (a) order Respondents to stop
further implementation of this Consent Order for such period of time
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as may be needed to abate any such release or threat anderr (b)
undertake any actions which EPA determines are necessary to abate
such threat
23 Availability of Data Respondents shall submit to EPA the
results of all sampling andor tests and all other data generated by
Respondents by the Contractor or on Respondents behalf in the
course of implementing this Consent Order in its Progress Reports or
other Reports as described in the Work Plan or in this Consent Order
24 Record Preservation Respondents shall preserve during
tre pendency of this Consent Order and for a period of net less than
six (6) years after ecrrpletirg the work required by this Consent
Order all records arc icc--erts in their possession cr in the
c jsres rr f their ccucrse Action Contractor which relate in any
-ay z -bullbullgt --rfcrrar -ltbull i-e vork Plan cr this Consent Crccr
rotw irct-rcirg any cc-rc-i retention policy to the contrary After
bull nis - bull bullbull= perirj Pospc- Jc-its nay request in writing perrrisjion
bull jeer_y -ry sucr bullbull-bullgtrcc r docurrcr^3 This requort shall be
accrc-rci by a eery iris Consent Order and shall be rent by
certified rail return receipt requested to the following address
Robert A DiBiccaro Acting Regional Counsel (or the current Regional Counsel) US Environmental Protection Agency JFK Federal Building Rm 2203 Boston Massachusetts 02203
Within sixty (60) days of receipt of a request by Respondents to
destroy any or all such records or documents EPA will notify
Respondents whether such request has been granted or denied If EPA
denies such request Respondents shall make available to EPA such
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records and documents or copies of any such records and documents and
all obligations of Respondents to preserve records pursuant to this
Consent Order shall cease EPAs failure to respond to Respondents
request within the time period specified herein shall be deemed an
approval of said request and all obligations of Respondents to
preserve records pursuant to this Consent Order shall cease
Notwithstanding the terms of this paragraph Respondents do not waive
their rights to assert any privileges which may be applicable to such
records and documents
25 Place and Varrer of Notice Communications between
Respondents and EPA and all documents including reports approvals
disapprovals written rctices and other correspondence to be
suomitted- pursuant - rris Ccrsent Order shall be sent by certified
raI return receipt bull queste-J or by courier to the Project
Coordinator at the ll_wirg address or such other addresses as
Respcrde-gt13 cr EPA gtro-fttr ray designate in writing
a Docurc--j three ccpies) to be submitted to EPA should
oe cct to
Ricnard Haworth EPA On-Scene Coordinator US Environmental Protection Agency New England Regional Laboratory 60 Westview Street Lexington MA 02173
and one copy to
Wayne M Robinson EPA Remedial Project Manager US Environmental Protection Agency Waste Management Division JFK Federal Building HSN Boston MA 02203
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b Documents (three copies) to be submitted to Respondents
should be sent to
(name and addresses of Respondents contractors)
26 Necessity of Formal Approval No informal advice
guidance suggestions or commerts by EPA regarding reports plans
specifications schedules or any other writing submitted by
Respondents shall be construed as relieving Respondents of their
obligation to obtain such formal approvals as may be required by this
Consent Order
27 Procedure for Sbrssicn of Deliverables to EPA All
deiiveraoles identified in Attachment A for submittal to EPA shall be
so delivered to EPA in accordance with the Schedule set forth in the
Scope -f Work Prior -0 receipt of final EPA approval any report
bullbullJDTbullbullbullbull to EPA for ipprvl shall be rarked Draft on each page
arc jr-all include n a prc~irent location in the document the
follcwir- isciarcr Thib Document is a DRAFT which has not
recebullbullbullbull-bull iral EPA -ppr --I EPA will review Reports in accordance
wtn pa-rcpns 28 ne Consent Order
28 Procedure fr Review Revision and Fiial Approval of
Reports All deliverables identified in the Scope of Worn
(Attachment A) and this Consent Order for delivery to EPA (Reports)
shall be so delivered to EPA in accordance with the schedules set
forth in the Scope of Work and this Consent Order EPA will review
the Reports to determine whether they are consistent with the
requirements of the Scope of Work and Work Schedule and this Consent
Order If EPA determines that revisions to a Report are necessary
EPA will notify Respondents of EPAs requested revisions and the
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parties will expeditiously confer to discuss such requested
revisions Respondents shall thereafter submit a draft of the
revised Report in accordance with a schedule for revision set by EPA
which is reasonable considering the nature and extent of the proposed
revisions and the time period which was initially available for
Respondent to produce an acceptable report If Respondents fail to
submit such a revised Report within the specified schedule the
provisions of paragraph 30 may be invoked by any party to this
Consent Order
29 Xodificatinn ~pound Consent Order and Scooe of Wrrk This
Consent Order may only oe -edified upon the written agreement of both
EPA by signature cf Seniorsal Administrator and the Respondents
The jpprcvec ork l^r -ay to -edified by Respondents eriy upon
written crc-orent rT ~y tre signature of the Massachusetts
Section Chief and ltbullrdc-rt3 except that if CERCLA or the NCP are
ane~Jed prur to trlt bull-bullbullbullr t f c t ion of the Respondents worlt
a c t i v i t i e s is prcvij- 3 - paragraph 39 EPA nay request a
modi f icaticr to the -bullbull lax cr develop new Work Plans but only to
the extent expressly rec-jired pursuant to said amencrents of CERCLA
or the NCP Respondents assent to such a request for modification
shall not be unreasonably withheld
30 Dispute Resolution If the Respondents object to any EPA
notice of disapproval or decision made pursuant to this Consent
Order the Respondents shall notify EPA in writing of its objections
within ten (10) days of receipt of the decision EPA and the
Respondents have seven (7) days from the receipt by EPA-of the
notification of objection to reach agreement If agreement cannot be
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reached on any issue within this seven (7) day period EPA shall
provide a written statement of its decision to the Respondents
Respondents shall commence implementation of the activities required
by the EPA decision within five (5) days of receipt of the decision
In the event that the Respondents do not implement the activities
required by the EPA dt-ision the EPA Regional Administrator may take
such civil enforcement action against Respondents as may be provided
by statutory or equitable authorities including but not limited to
the assessment of such civil penalties or damages as are authorized
oy Sections 106(b)(l) and 107 (c) (3) of CERCLA as amended
31 Delav in Perf^rmancStipulated Penalties For each day
that the Respondents fail to comply with any time deadline estashy
oiioned pursuant to TS Consent Order the Respondent shall pay the
jjrrs -ot rtn belcw _ -t_ted penalties
Per cf Fail rraquo ~- Ct-plv Penalty Per Dav
1st - 7th bull-- $ 2500 8th - 15th y lOOOGi eacr ~ay th--r- -rr 400000
Any pound-cn -enalty sn^ll lt Jj- and payable within ten ilO) cays cf the
receipt cf a written demand by EPA Payment of any such penalty
shall be made by certified crecK payable to the Hazardous Substances
Superfund and mailed to the following address with a notation of the
docket number of this Consent Order
US Environmental Protection Agency Hazardous Substance Superfund P 0 Box 371003 M Pittsburgh PA 15251
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Notice that such payment has been made shall be provided in writing
to the EPA Project Coordinator The stipulated penalties set forth
in this section do not preclude EPA from electing to pursue any other
remedies or sanctions which may be available to EPA by reason of the
Respondents violation of this Consent Order or the Respondents1
failure or refusal to comply with any of the requirements of this
Order except that EPA agrees that all civil penalties for failure to
comply with the time requirements established pursuant to this
Consent Order shall be limited to the amounts calculated under this
paragraph If Resporccrtr pay stipulated penalties for a specified
period of time for late ccrpliance and EPA subsequently recovers
additional fines cr penalties for the same period of late compliance
r court the fines ard pe- 11 es shall be reduced by the arount of
tre 5tp l-iec peral c-s r~- -degr that period of late corrpliamprce
32 Excuses fr ~lpoundv~ n Perfornaree With respect to
Sespcrcc-tc corcpli -ce wit jny interim or final time deadline set
fcrtr - tris Consent ltpoundbullbull including any iTpierrentatior scnecjles
ccr cai eo in plans ^prvcJ Lv EPA pursuant to paragraph 28 and with
respect to the penalty provisions of paragraph 31 no stipulated
penalties or other sanctions will be imposed for delay directly
caused by the following which could not have been overcome by
Respondents due care (i) any act of God (ii) any Order issued to
Respondents by EPA under the provisions of paragraph 22 provided
that such delay did not arise as the result of the performance of the
Removal Activities (iii) any delay which results from failure to
secure access to the Site if the cause of such failure is not within
the control of Respondents (iv) any delays caused by EPAs failure
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to complete in a timely manner its review of plans and reports (v)
any delay experienced by the operation of the dispute resolution
procedure set forth herein and (vi) any other cause beyond the
control of Respondents provided however that increases in the cost
of performance of the removal activities shall not excuse such
performance nor affect the applicability of the penalty provisions
andor other sanctions which are provided for under this Order Such
penalties and sanctions shall be avoided only if and only to the
extcrt that such delays rratcrially interfered with or prevented
Respondents executor of their responsibilities during the period of
sucr delay Respondents shall notify EPA within twenty-four (24)
hours ir the event -hat circumstances occur which Respondents assert
snc-lu rccr the -xcu-e provisions cf this paragraph and shall
oert fy bullraquo vr spec y -bull cause or causes of such delay and the
estrat-jj J-jratior -cr Jc-liy Failure to notify EPA shall result
r - waivo Resp- j- -t right to assert that the delay should be
egtcbullbullbull L -ccr -he bullbullbullbull-- -ris paragraph Jpon receipt cf such
rot ic^i cr EPA wll -iotc-rTiie whether the delay is appropriately
exc-icd jrcer this parucraph and shall soon notify Respondents
Respondents further agree to use their best efforts to minimize any
delay which may result Respondents acknowledge that they will have
the burden of justifying excuses for delay in performance under this
paragraph
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33 Waiver of Settlement Conference In consideration of the
conununi cat ions between EPA and Respondents prior to the issuance of
this Consent Order concerning its terms Respondents hereby agree
that there is no need for a settlement conference prior to the
effective date of the Consent Order
34 Civil Penalties for Non-Compliance Respondents are
advised that except as provided by paragraph 32 of this Order if
Respondents violate or fail or refuse to comply with this Consent
Order or any portion tf-oreof EPA reserves its rights pursuant to
Sections 106(b)(l) and 107(c)(3) of CERCLA as amended with respect
to the imposition of civil penalties and punitive damages
35 Confidentiality Clairs Respondents may assert a
confidentiality clair if appropriate covering all or part of the
nf crrat en request- J LY bull_- is Consent Order pursuant to 40 CFR
2203(L) Such an ace-er en shall be adequately substantiated when
bullhe deserticn is rrj-co eitr9r analytical data nor any information
poundccfc-j in Sectin 1 - lt- ) bull 7 ) ( F cf CERCLA as amended by SARA
snail oe claimed is c- ideniial by Respondent Information
determined to be confidential by EPA shall be afforded the protection
specified by 40 CFR Part 2 Subpart B and in Section 104(e)(7) of
CERCLA as amended by SARA If no such claim accompanies the
information when it is submitted to EPA it may be made available to
the public by EPA without further notice to Respondents
36 Liability of Respondents Response Action Contractor The
Response Action Contractor in connection with the activities set
forth in Attachment A hereto shall not be liable under -CERCLA or
under any other federal law to the United States Government for costs
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or damages which result from a release or threatened release of
hazardous substances or pollutants or contaminants provided that such
releases rr threatened release was not caused by conduct of the
Response Action Contractor which was negligent grossly negligent or
which constituted intentional misconduct Said Response Action
Contractor shall have the burden of demonstrating that such conduct
was not negligent grossly negligent or did not constitute
intentional misconduct Nothing in this paragraph shall affect the
liaoiiity of any person under any warranty under federal state or
corruTon law
37 Incernnif icat icn Respondents agree to indemnify and save
arc hole rarriess the Jrtec States Government its agencies
jep bull--bullbullbull z agens ffcerrgt employees and representatives from
jry -c ciairs r --bullbull_ f action arising from or cr account of
acts r -lesions z gtcc----z their officers employees agents
-bullco vo - bull r-jsteei i2s--_ r contractors in carrying cut the
-ct bullbullbull- L^rsuant bull bull rs -rpoundent Order
38 eccvery bull Cs ~ EPA reserves the right to bri-c an
action acairst Respcrcert pursuant to Section 107 of CERC1A for
recovery of costs incurred in oversight consistent with paragraph 17
herein administration and enforcement of this Consent Order and
any other past and future costs incurred by the United States
Government in connection with response activities conducted pursuant
to CERCLA at this Site
39 Certification of Respondents Performance of the Work
Activities Upon receipt by EPA of notice from Respondents that
they believe they have satisfied their obligations under the Work
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Plan and this Consent Order EPA shall determine if Respondents
have met all of their responsibilities under the Work Plan and
under the provisions cf this Consent Order Within twenty-one
(21) days after receipt of said notice EPA will either (a)
provide Respondents with a statement of all of their
responsibilities which EPA believes are still outstanding or (b)
certify to Respondents that their responsibilities under the Scope
or Work and under the provisions of this Consent Order have been
cotrpleteiy and successfully discharged and that the work performed
by Respondents pursuant to this Consent Order and the Scope cf
Aorlt is consistent with the NC
bull10 Covenant Sst to Sue and Contribution Protection In
ccroicerat cr of and pcr certification by EPA that Respondents have
ccTplc-toly Jird succ-r i^lly d5charged their responsibilities under
ti-e -or- Plan and j-J^r the provisions of this Consent Order as
provided -or in parr ph 33 herein EPA covenants not to s-e
Rerc rdct3 n any bdquobull v 1 cr viririst rat ive action for the performance
cf tre vcrK Plan bull v jec rcwcvcr such covenant not to sue does
not extend to any ether liabilities that may be associated with the
Site including but not limited to any other response actions that
have been or may be undertaken at the Site This covenant not to sue
becomes effective upon the issuance by EPA of the certification
provided in paragraph 39 Nothing in this paragraph shall preclude
EPA from enforcing the provisions of this Consent Order in any
judicial or administrative proceeding It is the intention and
understanding of the parties to this Consent Order that the
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protection from contribution claims as provided by Section 113(b)(2)
of CERC1A as amended applies to any claim with respect to
performance of the activities pursuant to the Work Plan
41 Credit for Expenditures made pursuant to this Order
A Upon certification that Respondents have discharged
their responsibilities pursuant to the Work Plan and under the
provisions of this Consent Order Respondents shall present EPA with
an accounting of (1) all costs incurred consistent with the NCP in
deveioprert of the Work Plan and in performance of the Work Plan and
the other activities required by this Consent Order those costs will
oe segregated into two categories costs specifically associated with
bullr-e Arcror Tank Materials and all other costs and (2) the amounts
paid by -acr Pespcrdc-rr n connection therewith EPA agrees that
bullaiJ gtbull_bullbull rall no rjt i bull--bull a penalty paid by the Respondents
3 With bull-bull_bull (20) cays of receipt of such accounting
~A w i l l approve all --sts jccr-nted for by Respondents which are
orr2-t with =uup jrapr -(I) (Approved Consent Order Costs)
per z^cr approval ~A ^are-_3 to reduc-3 the amount of response costs
wnich it will seek to recover from Respondents pursuant to CERCLA or
otherwise in connection with the Site according to the following
formula said response costs shall be reduced by the Approved
Consent Order costs incurred in performing the work activities
associated with the Anchor Tank materials and by the amount resulting
from multiplying the Approved Consent Order Costs other than those
associated with Anchor Tank Materials times the quantity one minus
the result of dividing the aggregate volume of the Respondents waste
by the total volume of waste sent to the Site The volumes for these
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calculations shall be taken from the Volumetric Sank List attached as
Appendix 3 to the Administrative Order by Consent Docket No
at the time of publication in the Federal Register
C In the event that any Respondent otherwise receives
credit for Approved Consent Order Costs through settlement or
litigation the credit amount calculated under subparagraph (b) for
all Respc-dents shall be reduced by the amount of the credit received
through these other channels Moreover this paragraph shall in no
way limit or affect EFAs right to seek joint and several liability
against Respondents in any court action for all damages arc ether
costs incurred or to be incurred by EPA at the Cannons Engineering
Corporation Site This reduction in EPAs response costs with
respect - the Site -rail affect only recovery of response costs from
-r-e rc-cp-T-i--nts arc r l iv -o way affect the right cf EPA to seek
cint and -everai l i a b i l i t y JPC recovery of all resporse costs from
potentially respcrciLlo parties other than Respondents
42 PAs Re-laquobullbullbullbullbullbull-bull -- -f Richts EPA expressly reserves all
tre right- and defevcvs tra- it may have including EPAs right to
disapprove of work prforrcd by Respondents and to request that
Respondents perform tasks in addition to those detailed in this
Consent Order In addition EPA reserves the right to undertake
removal andor remedial actions at any time and to perform any and
all portions of the Work Activities which Respondents have failed to
perform properly provided however that EPA agrees to use its best
efforts to avoid duplication of Respondents activitiesunder this
Order Except as otherwise limited by paragraphs 31 and 32 EPA
reserves any and all rights to take any enforcement action pursuant
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to CERCLA as amended by SARA andor any available legal authority
This Consent Orde- does not constitute any decision on the
preauthorization of funds under Section lll(a)(2) of CERCLA as
amended by SARA
43 Respondents Reservation of Rights The participation by
Respondents in entering into and carrying out the terms of this
Consent Order shall rct be considered an admission of liability for
any purpose Nor shall such actions or participation by Respondents
constitute a commitrort or agreement either express or ixpiied to
undertake further activities at the Site other than these necessary
to perferr the Remcvcl Activities in accordance with the Work Plan
and rris Ccnsent Order or to undertake any remedial actions at the
Site r-ctwi thstandir -ry finding conclusions or reccn-Terdat ions
-ace - crrecticn ~-- performance of the Work Plan Except as
exprezly ret fortr - trie Consent Order Respondents reserve all
rcr= -rey r-_ have- -o opprre or defend against any action or claim
o r c ~ r t j
bull ther Clbull mdash Nothirg in tris Consent Order snail
constitute or be ccrstrucd as a release or a covenant not to sue
regarding any claim cause of action or demand in law or equity
against any person firm trust joint venture partnership
corporation or other entity not a signatory to this Consent Order for
any liability it may have arising out of or relating in any way to
the generation storage treatment handling transportation
release or disposal of any hazardous substances hazardous wastes
pollutants or contaminants found at taken to or taken from the
Site EPA shall not be liable for any injuries or damages to persons
-25shy
or property resulting from actions or omissions of Respondents in
carryinc out the activities pursuant to this Consent Order nor shall
EPA be held as a party to or in any other way liable under any
contract entered into by Respondents or by the Response Action
Contractor in carrying out the activities pursuant to this Consent
Order Except as otherwise herein set forth or agreed this Consent
Order shall not estop or limit any legal or equitable claims of the
United States against Respondents their agents contractors or
assigns including but not limited to claims related to releases of
hazardous substances gtr other pollutants or contaminants
45 Other laws All actions required to be taken pursuant to
-his Consent Order snail be undertaken in accordance with the
recjirererts of all appi icabl-e state and federal laws and regulashy
ticrs rcl-cirg laws rolatira to occupational safety and health and
ctrer federal envi r rctul laws as defined in current EPA policy
Otfer agencies nclJc -he Occupational Safety and Health
-crir 12 ration lOSi- -rd bull e fish and Wildlife Service (FiWS) may
oe called jpon to rev-- rc ccndjct of work under this Consent
Order In the event ihat there is a conflict in the application of
federal or state laws cr regulations the more stringent of the
conflicting provisions shall apply
46 Notice to the State Pursuant to the requirements of
Section 121(f) and 104(b)(2) of CERCLA as amended by SARA EPA has
notified the Commonwealth of Massachusetts of the scope of the
Response Action the negotiations with the potentially responsible
parties and of the issuance of this Consent Order
-26shy
47 Notice to the Federal Natural Resource Trustee Pursuant
to Sections 122(j) of SARA EPA has notified the Federal Natural
Resource Trustee of the scope of the Response Action the negotiation
with the potentially responsible parties and of the issuance of this
Consent Order
48 Separate Documents This Consent Order may be executed in
two or more counterparts each of which shall be deemed an original
but all of which together shall constitute one and the same
instrument
49 Effective Dare This Consent Order shall be effective upon
the date cf Respondents1 receipt of notice of signature by the
Seccrai Administrate- All times for performance of activities
jrcer -5 Consent Crder shall be calculated from that date
IT S SO AJPEID AND 3IRID iV
bullcr-e P leiarc Date
-27shy
IT IS SO AGREED
Name of Respondent ACUSHNET COMPANY
By Dale M Shenk Vice President and Controller
Title
January T 8 8 Date
-28shy
IT IS SO AGREED AMERICAN C^AMID COMPANY
Name of Respondent
By A JsJ Costello
Executive Vice President Title
bulljruary 1D3S Date
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IT IS SO AGREES
AMERICAN NATIONAL CAN CORPORATION Name cf Respondent
By S1U4uJ [ampJUULL~-~AT LAW
JAMES BALLS bull_
Title
JAMASY 7Date
198B
laquo By his signature hereon Janes Seller certifies that he has authority to bind Respondent to the terms of this agreement
-28shy
IT IS SO AGREED
ATampT Technologies Inc Name of Respondent
By ATampT-Engineering Vice President
Title
Date
-28shy
0 A
IT IS SO A G R E E D
Name of Respondent
By John L Fox
General Manager Title
January 6 T968 Date
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IT IS SO AGREED
Name of R e s p o n d e n t ^-
CHAMBERLAIN MANUFACTURING CORPORATION
By
General Co Title
Jaruar- D a t e
1988
-28shy
IT IS 60 AGREED
Name of Respondent ^ t~poundr llS^eL
Byj Richard Barth
Preeident fc Chief Executive Officer Title
CIBA-GEIGY corporation January 6 1988
Date
-28shy
IT IS SO AGREED
Name of Respondent Earthline Company fsCA
By
Authorized Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent FAIRCHILD SEMICONDUCTOR CORPORATION
By C R Bostic
Its Representative Title
January 4 1986 Date
-28shy
IT IS SO AGREED
Name of Respondent Franklin Pumping Service Inc
By
J I J (President)
1788 Date
-28shy
IT IS SO AGREED
Name of Respondent General Dynamics Corporation
By
Daniel S Hapke Assistant General Counsel T i t l e
4 January 1988 Date
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IT 18 SO AGREED i
of Ropondtnt
By
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In the Matter of Cannons Engineering Corporation Administrative Order by Consent
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
Hoechst Celane^e Corporation
Heinz X HofmeistermdashVice President Title
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IT IS SO AGREED
Name of Respondent HoffaeM-La Bocht Inc
By EB Anderson Senior Viet Prttident
Title
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P3 ICIO UflWDGFT GO JMN 0 8
XT IS SO ACREEDi
of Respondent rrt
bullyi
Jlflua r v 7 shym
IT IS SO AGREED
Name of Respondent Interex^Corporation
By
Authorized Axteht Title
January 8 1988 Date
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IT IS SO AGREED
Name of Respondent
By
January 13 1988 Date
Millipore CorporationWaters Associates
Senior Vice President Title
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Cannons Engineering Corporation Administrative Order by Consent Bridgewater Removal Action
IT IS SO AGREED
Name of Respondent MONSANTO COMPANY iIs
Ishy t- r S S rr- -w ~
By
ff Title
Dote
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E00 3pound
IT IS SO AGREED
Name of Respondent
By
-IVCL
pound1
Title
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
POLAROID CORPORATION
VICE PRESIDENT AND SECRETARY Title
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IT IS SO AGREED
Name of Respondent Re eyeling Industries Inc
By
Authorized Agent title
January 8 1988 Date
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IT IS SO AGREED
Name of Respondent TECH- gTCM
By
Title
Date
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ATTACHMENT A
BRIDGEWATER CANNONS ENGINEERING CORPORATION SITE CONSENT ORDER WORK PLAN
I Introduction and Purpose
The purpose of this Consent Order Work Plan is to identify
response actions to be taKen by Respondents of the Site pursuant to
the foregoing Consent Order
I1 Scooe of Work
1 The following are the removal activities required by the
Consent Order
a Renov3- cf XTas-cs The following waste materials shall
oe roTcvo^ frcn the jte poundrd properly disposed of in accordance with
ail applj^oie erv r crrort1 laws and regulations
apprcxirrateiy 400 five-gallon pails containing
waste -atoral from inside the Equipment Building
This -aterial was previously located irsice the box
trailers
approximately 400 less than five-gallon pails which
have had the contents removed into two 55-gallon
drums
approximately one drum full and one drum 34 full
which were generated from the emptying of the above
mentioned less than five-gallon containers
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approximately 350 containers of laboratory reagents
which were abandoned in the laboratory inside the
Equipment Building
a container approximately one pint in volume
containing an unknown liquid which is considered to
be shock sensitive and will be treated as such
one five-gallon pail of bulked laboratory samples
one three-gallon pail of bulked laboratory samples
approximately 1000 gallons of aqueous waste
material contained in above-ground storage
containers which include less than 10 partially
filled druTs one dumpster and one tank trailer
appr- xiTately 25000 gallons of aqueous waste
material crrtained in the underground tanks
app r bull IT -ic-ly 500 gallons of waste oil determined
to contain a CB content of less than 2 parts per
appr c bull irrately two 55 gallon drums of materials
scraped from trailer bottoms
approximately two 55 gallon drums of contaminated
sorbent material from the equipment building floor
contaminated soil from opening area not to exceed
20 cubic yards
one 55 gallon drum approximately three-quarters
full of contaminated lab water from on-site
laboratory used during initial EPA removal
activities and
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approximately seventy-five 30 gallon garbage bags
containing contaminated protective clothing and
sampling implements
b Transportation of Wastes All of the above-described
wastes will be transported in accordance with all applicaole laws and
regulations including but not limited to all Department of
Transportation (DOT) regulations Additionally all containers
shipped off site and all vehicles carrying these containers will be
properly and completely labeled and placarded in accordance with all
applicable laws and regulations
c Disposal cf Wastes The Respondents shall make all
arrangerents necessary 10 accomplish the proper disposal of all of
the ebcve-cescribed wastes This shall include making available
disprsol perscrrel frr- -e selected disposal facility as needed to
ass-re hat the pack- J-TC snipping methods used meet the disposal
f a c i l i t y specifications f~r acceptance of wastes For elt ch waste
r-aterial ~z oe rencve-j ircr tre site the Respondents shall indicate
befcrc the waste is rerrcved frcrr the site the method of disposal the
name(s) of the facilityiies) to be utilized the compliance status of
the facility(ies) to be utilized the name(s) of transporter(s) to be
utilized the method of transport for each waste and the packaging
to be utilized
d Record of Disposal The Respondents shall provide EPA
with all paperwork documenting the location of all wastes that leave
the site This shall include all temporary storage facilities that
may be utilized before the waste reaches its final destination for
disposal All wastes removed from the site will be pursuant to an
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appropriate Hazardous Waste Manifest EPAs On-Scene Coordinator
will sign each manifest relating to the Anchor Tank material so as to
indicate that EPA is the generator of the Anchor Tank material being
removed from the site For all wastes that leave the site the
Respondents will supply information to include but not be limited
to the date of arrival and departure of each waste to or from each
facility a list of all wastes in question and the signature of the
company representative who accepted the wastes in question
Additionally for any waste that is incinerated or otherwise
destroyed the Respondents shall provide certification by a company
official of the facility destroying the waste that the waste was
ndeed destroyed ard by what nethod it was destroyed
e Site Postcraticn Before final demobilization the
^espcrv-- 3 shall restore the site to an acceptable degree This
-bullill ircl-de assur-rce tl-at no trash or waste materials or equipment
associated with any rf the removal activities is left on site Any
~aterjl including soil which has not been contaminated by site
rperatiors shall be returned to its original location
2 The following activities shall also be performed by
Respondents to fulfill the objectives of the Response Action
a Work Plan The Respondents shall prepare a Work Plan
consisting of all activities and subtasks The Work Plan shall
identify all deliverables to be produced during the Work Activities
including timetables for performance of the Work Activities and
production of the deliverables The Work Plan shall identify each
previously identified waste material to be removed from the site and
the Quality Assurance and Quality Control to be used during Work
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Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
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b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
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subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
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3 Any change or changes in the ownership or corporate status
of a Respondent shall in no way alter that Respondents
responsibilities under this Consent Order Each Respondent shall
provide a copy of this Consent Order to any subsequent owners or
successors
4 Respondents shall provide a copy of this Consent Order to
all contractors subcontractors laboratories and consultants
retained to conduct any portion of the work performed pursuant to
this Ccnsent Order within seven (7) days of the effective date of
this Consent Order or the date of such retention Any reference
rerein to the Consent Order shall mean the Consent Order and the Work
Plan annexed hereto as Attachment A as either nay be gt rerced from
me t z me hereafter
STATEMENT OF PURPOSE
5 In enter irs -_ o this Consent Order the mutual cbjectives
UFA -rd Pespcrcc--bull ire bull re removal of the hazarcru^ uostances
pollutants or centum i-t5 from the Bridgewater Massachusetts site
and the prevention cr mitigation of the migration off-site or the
release of hazardous substances pollutants or contaminants from the
site in accordance with Attachment A The activities conducted
pursuant to this Consent Order are subject to approval by EPA and
shall be performed consistent with the National Oil and Hazardous
Materials Contingency Plan (NCP) 40 CFR Part 300 50 Fed Reg
47912 (November 20 1985) effective February 18 1986
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IV STATEMENT OF FACTS
6 The Cannons Engineering Corporation Bridgewater Site
consists of approximately 4 acres of land located in the Bridgewater
Industrial Park in the western part of the Town of Bridgewater
Plymouth County Massachusetts The site is bordered to the north
and south by lots owned by the Bridgewater Industrial Park Inc to
the west by Route 24 and to the east by First Street
7 The site consists of the following facilities the Tank
Farm Building containing 11 tanks with total storage capacity of
approximately 165000 gallons the Ready Building (used to store the
waste before processing in the incinerator) containing four tanks
with a total storace capacity of approximately 50000 gallons the
IrcirTatcr Buildirc arc adjacent fuel tank the Equipment Building
corainirg the CIC ljocrjtraquory and other facilities two box trailers
contain ira Anchor 7anlt Lir ira Inc materials three tankers two of
wnicr contain waste iquics an office trailer five grouped 30000
sailzr outdoor above- -rc--d inks underground storage tar-s arc a
septc system an urcc crounc storm drain system and an underground
drainage sump and otrer above ground debris
8 CEC purchased the property in 1974 During the period from
1974 to 1980 CEC constructed and operated the facility to handle
store and incinerate chemical wastes In 1978 and 1979 CEC applied
for and received a license from the Massachusetts Department of
Environmental Quality Engineering (DEQE) to operate a Hazardous Waste
Collection and Disposal Facility In June 1980 CECs 1979 hazardous
waste license was revoked by the Massachusetts Executive Office of
Environmental Affairs for hazardous waste reporting violations
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Following revocation of CECs license the court appointed a Special
Receiver to oversee the operations at the facility Because of
financial and legal difficulties CEC was unable to continue
incinerating the remaining chemical wastes stored on site On
November 28 1980 CEC stopped all operations at the site
9 An EPA investigation at the site in July 1987 found Picric
Acid and Sodium Azide present on the site Both are shock sensitive
materials and presented an explosion hazard
10 laboratory reagerts stored in bottles on shelves inside the
laboratory inside the Equipment Building include toxic substances
(carbon tetrachlorce) acids (nitric acid) oxidizers (sodium
perci-lcrate) cyanide ccrpc-rds (sodium cyanide) and f lamables
(toljcnc) Waste carpl es -ere also stored inside the laboratory
11 Anchor TarK Lrir- irc brought and left en site two box
trailers c-rcairirg r rcirecs five (illon containers cf abandoned
parts pa- remove ^ arc ctrer tank lining material These
joa-dzro-J -aterial- lt TO Ancrraquor Tank materials) were c eked in the
trailers ra precarizjs rarrer Some containers had filler to the
floor spilling their contents while others showed signs cf
deterioration and lcalaquoage
12 Also on site are several underground tanks containing waste
materials and above ground tankers also containing waste materials
13 Based on the results of his investigations on July 16
1987 EPAs On-Scene Coordinator recommended authorization of a
removal action and on this date the Regional Administrator approved
$74745700 dollars to perform the removal action On July 29 1987
site security was established by the presence of a 24 hour guard at
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the site During August a response manager and chemist under
contract with EPA arrived en site The shock sensitive materials
were desensitized and removed from the site The EPA contractors
assembled a decontamination area cleared the equipment building of
miscellaneous debris compacted together small containers into two 55
gallon drums and collected various containers and lab samples The
containers in the Ancnor tank trailer were removed to the Equipment
building opened and screened for compatibility
V ENDANGERMENT
14 A hazard exists at the site due to the presence of
chemicals abandoned in the laboratory A threat of reaction and
release s presented ry =torpoundge in the laboratory of non-compatible
rjrpfjrj ojch as acJ= gticizers cyanide ccrrpc-rcs and fllaquorrables
n close proximity The storage in structurally deteriorating
containers of Anchor an- Linings waste materials also creates a
-rreat f fire and r-lc-are An additional threat of release arises
from the sbardcrmont - s~e cf other liquid wastes and waste
materials
VI DETERMINATIONS
15 On the basis of the findings of fact and reports cited
therein EPA has determined that
a Each Respondent is a person within the meaning of
Section 101(21) of CERCLA 42 USC 9601(21)
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b Each Respondent is a potentially responsible party with
respect to some response costs incurred in connection with the site
within the meaning of Section 107(a) of CERCLA as amended 42 USC
$9607
c Many of the chemicals found on the site are hazardous
substances within the meaning of Section 101(14) of CERCLA 42
USC 9601(14)
d The past present or potential future migration of
hazardous substances it or from the Site constitutes an actual or
substantial threat of a release into the environment as those
terns are defined in Sections 101(8) and 101(22) of CERCLA as
amended
e The actu-1 releases cr threatened releases of a
naz-ror- -ubstsnco frrT the cite nay be an irmirer and substantial
encirscrrent to the rue-lie rc-alth or welfare cr the environment
w i t h i n -he rearing f 106(c) of CERCLA 42 USC sect 960G(a)
It is -c--ssary in order to protect the -ublic health
r welfare or the env rorncnt that actions be taken to abate such
cancers and threats that ray be caused by actual or threatened
release of hazardous substances from the Site For the purpose of
this Consent Order only such actions consist of the removal
activities described in the Work Plan set forth in Attachment A
hereto
g Respondents by undertaking the work activities pursuant
to this Consent Order and Attachment A will not have owned cr
possessed the Anchor Tank materials within the meaning of Section
107(a)(3) of CERLCLA as amended accordingly Respondents are not
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responsible parties within the meaning of Section 107 of CERCLA
with respect to the Anchor Tank materials and any response costs
which have been or may hereafter be incurred in connection with said
materials at any disposal or treatment facility to which Respondents
deliver said materials pursuant to this Consent Order s
VII ORDER
16 EPA hereby orders and agrees and Respondents without
admission of any issue of fact or law and in accordance with
Respondents Reservation of Rights as provided in paragraph 43
heresy agree that Respondents shall perform the activities set
forth in Attachment A These activities shall be conducted
pursuit o this Consent Or-Jer and shall be consistent with
CERCLA pound ar-erdec ry SARA ard the XCP If any inconsistencies
between ary cf the uocve laws cr regulations CERCLA as amended
shall 73VCTT Resp bull Jer-rG ncrce that they will conduct all
jct~s cescribec h s Ccnreit Order properly and accc rdirCj to
its terns ad the screcjlcs ^et forth herein
17 EPA Over siST1 It is hereby further ordered and
Respondents further agree that the Respondents shall reimburse the
Hazardous Substances Superfund for any cost consistent with CERCLA
and the NCP incurred by EPA including analytic cost under or in
connection with a contract or arrangement between EPA and a
qualified person to assist EPA in overseeing and reviewing the work
activities set forth in Attachment A to be performed by_ Respondents
provided however that Respondents shall not be obliltited pursuant
to this consent order to reimburse EPA for such rversight coss in
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excess cf S [to be 15 of bid price for the removal work excluding
activities in connection with the Anchor Tank materials] cr fifteen
percent (15) of Respondents costs incurred in the performance of
the removal activities unrelated to the Anchor Tank Materials
whichever is greater EPA agrees to notify Respondents of its
intention to enlarge or materially change the scope andor costs of
EPAs planned oversight activities and to provide Respondents with an
opportunity to discuss with EPA any such changes At the conclusion
cf the activities to be conducted under this Order ZPA will submit
to Respondents an accc-rtirc cf all oversight costs incurred by the
US government with respect to this Consent Order Subject to the
dispute resolution prcvisicn as provided in paragraph 30 herein
espc-dc-- shall bull-bull-r n 20 calendar days of receipt of that
jcc-nt bull= remit ^ co t ic-j c eck for the amount of those costs
-ade ray-cle to the bullbullbullJr~z r-bstance Superfunu Checks shall
pecif itally ref erc-nco bull ne identity of tie Site and be addressed to
US r-v r-crtul Protection Agency Hazardous S-ostances Supcrfurd PO Box 2710C3 V Pittsburg- PA 15251
A copy cf the transmittal letter shall be provided to the EPA Project
Coordinator
18 Observation of Respondents Field Activities Subject to
Respondents right to access to the Site as provided in paragraph 21
herein Respondents shall allow EPAs Project Coordinator and other
EPA employees agents consultants contractors and authorized
representatives to enter and move about the Site at allreasonable
times including but not limited to any time that work is being
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carried out pursuant to this Consent Order for the purpose of
inspecting and observing progress in implementing the activities
pursuant to this Concent Order and for the purpose cf verifying the
data submitted to EPA Respondents shall permit such persons to
record ail field activities by means of photographic or other
recording equipment and to inspect and copy all records documents
and other writings which in any way pertain to work undertaken
pursuant to this Consent Order
19 Engagement cf a Response Action Contractor Within seven
(7) cays of the effective date of this Consent Order Respondents
shall engage a qualified and experienced Response Action Contractor
(Contractor) to perform the removal activities set forth in the
Sccce cf Acr (Attac--r-rt A) All work performed by said Contractor
pur-_jrt bull this Ccrj bullbullbull-_ Orcic- shall be under the general direction
and cpervision of a bull_ lificc professional with expertise in
raz^rdc-js waste site -vest ijjtion and clean-up The contractual
lt=G- -r-ert etween bull-bullc-J-ib ^nd the Contractor shall require the
Ccr-ractcr as a cere it r- successful performance of the contract
to perform the Work Activities consistent with the provisions cf this
Consent Order Written notice of the engagement of the Contractor
shall be provided to EPA within five (5) days of such engagement and
a copy of the Respondents contract with the Contractor including a
statement of qualifications and identification of project personnel
shall be provided to EPA at that time Respondents shall notify EPA
regarding the identity and qualifications of any additioial
subcontractors and their key personnel at least fcurteen (14) days
prior to the Subcontractors commencement of Site work EPA shall
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have the right to disapprove based upon professional qualification
any Contractor or person engaged by Respondents to conduct Activities
under this Consent Order
20 Designation of Project Coordinator Seven (7) days after
the effective date of this Consent Order EPA and Respondents shall
each designate their own respective Project Coordinator Each
Project Coordinator shall be responsible for overseeing the
implementation of this Consent Order Any permanent change in the
designated Project Coordinator of either EPA or Respondents shall be
accomplished by sendiro written notice to either party The absence
of the EPA Project Coordinator from the Site shall not be the cause
for the stoppage of worlt unless the EPA Project Coordinator specifies
wcrlt o be jcccrpiiir--i inly when he or she is present
21 Site Accr- To -he extent that this Consent Order
requrr-- access to p~rerty ether than that already owned by the
esc-Jc-t j the Peso- ientc shall use their best efforts to obtain
ste jccoiis agreeron - rrcrr -he owners cf the Site ard any other
property wnich is ncccr-ry to successfully perform the activities
described ir this Consent Order within ten (10) cays after the
execution of this Consent Order by all parties Such agreements
shall provide to EPA its designated coordinator and its agents
employees authorized representatives and contractors reasonable
access to the Site for the purpose of overseeing Respondents
implementation of this Consent Order In the event that Respondents
conclude they are unable to obtain a necessary site access agreement
within the referenced time Respondents shall immediately notify EPA
in writing and shall include in such notification a description of
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che efforts made by Respondents to obtain the necessary access and
the reasons for their inability to obtain such access A delay in
performance of the Removal Activities which results from the
inability to secure such site access shall constitute an excusable
delay for the purposes of paragraph 32 if the cause of such inability
is not within the control of Respondents
22 Creation of Danger Upon obtaining information concerning
the occurrence of any event during the Removal Activities that causes
or threatens a release of hazardous substances from the Site or that
threatens public health welfare or the environment Respondents
snail notify within twenty-four (24) hours the EPA Project
Coordinator or in the event of his or her unavailability shall
notify wthin the sarro -werty-f cur (24) hour period the Ererccncy
Sest-orDe rit 3egr United States Environmental Protection
Agency -etting forth bull re events that occurred and the measures taken
and 10 bo -^ken if appr - pr e to mitigate any harrr caused or
nreat-bullo-j by the event raquo-d to prevent the reoccurrence cf such an
event Respondents crall have no obligations under this Order to
jndertake reasures to rritigate any such event not related to their
performance of the Removal Activities Regardless of whether or not
such a report is made to EPA if EPA determines that activities
undertaken in connection with this Consent Order have caused or may
cause a threat to on-site personnel or to the public health or
welfare or to the environment EPA may (a) order Respondents to stop
further implementation of this Consent Order for such period of time
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as may be needed to abate any such release or threat anderr (b)
undertake any actions which EPA determines are necessary to abate
such threat
23 Availability of Data Respondents shall submit to EPA the
results of all sampling andor tests and all other data generated by
Respondents by the Contractor or on Respondents behalf in the
course of implementing this Consent Order in its Progress Reports or
other Reports as described in the Work Plan or in this Consent Order
24 Record Preservation Respondents shall preserve during
tre pendency of this Consent Order and for a period of net less than
six (6) years after ecrrpletirg the work required by this Consent
Order all records arc icc--erts in their possession cr in the
c jsres rr f their ccucrse Action Contractor which relate in any
-ay z -bullbullgt --rfcrrar -ltbull i-e vork Plan cr this Consent Crccr
rotw irct-rcirg any cc-rc-i retention policy to the contrary After
bull nis - bull bullbull= perirj Pospc- Jc-its nay request in writing perrrisjion
bull jeer_y -ry sucr bullbull-bullgtrcc r docurrcr^3 This requort shall be
accrc-rci by a eery iris Consent Order and shall be rent by
certified rail return receipt requested to the following address
Robert A DiBiccaro Acting Regional Counsel (or the current Regional Counsel) US Environmental Protection Agency JFK Federal Building Rm 2203 Boston Massachusetts 02203
Within sixty (60) days of receipt of a request by Respondents to
destroy any or all such records or documents EPA will notify
Respondents whether such request has been granted or denied If EPA
denies such request Respondents shall make available to EPA such
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records and documents or copies of any such records and documents and
all obligations of Respondents to preserve records pursuant to this
Consent Order shall cease EPAs failure to respond to Respondents
request within the time period specified herein shall be deemed an
approval of said request and all obligations of Respondents to
preserve records pursuant to this Consent Order shall cease
Notwithstanding the terms of this paragraph Respondents do not waive
their rights to assert any privileges which may be applicable to such
records and documents
25 Place and Varrer of Notice Communications between
Respondents and EPA and all documents including reports approvals
disapprovals written rctices and other correspondence to be
suomitted- pursuant - rris Ccrsent Order shall be sent by certified
raI return receipt bull queste-J or by courier to the Project
Coordinator at the ll_wirg address or such other addresses as
Respcrde-gt13 cr EPA gtro-fttr ray designate in writing
a Docurc--j three ccpies) to be submitted to EPA should
oe cct to
Ricnard Haworth EPA On-Scene Coordinator US Environmental Protection Agency New England Regional Laboratory 60 Westview Street Lexington MA 02173
and one copy to
Wayne M Robinson EPA Remedial Project Manager US Environmental Protection Agency Waste Management Division JFK Federal Building HSN Boston MA 02203
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b Documents (three copies) to be submitted to Respondents
should be sent to
(name and addresses of Respondents contractors)
26 Necessity of Formal Approval No informal advice
guidance suggestions or commerts by EPA regarding reports plans
specifications schedules or any other writing submitted by
Respondents shall be construed as relieving Respondents of their
obligation to obtain such formal approvals as may be required by this
Consent Order
27 Procedure for Sbrssicn of Deliverables to EPA All
deiiveraoles identified in Attachment A for submittal to EPA shall be
so delivered to EPA in accordance with the Schedule set forth in the
Scope -f Work Prior -0 receipt of final EPA approval any report
bullbullJDTbullbullbullbull to EPA for ipprvl shall be rarked Draft on each page
arc jr-all include n a prc~irent location in the document the
follcwir- isciarcr Thib Document is a DRAFT which has not
recebullbullbullbull-bull iral EPA -ppr --I EPA will review Reports in accordance
wtn pa-rcpns 28 ne Consent Order
28 Procedure fr Review Revision and Fiial Approval of
Reports All deliverables identified in the Scope of Worn
(Attachment A) and this Consent Order for delivery to EPA (Reports)
shall be so delivered to EPA in accordance with the schedules set
forth in the Scope of Work and this Consent Order EPA will review
the Reports to determine whether they are consistent with the
requirements of the Scope of Work and Work Schedule and this Consent
Order If EPA determines that revisions to a Report are necessary
EPA will notify Respondents of EPAs requested revisions and the
-15shy
parties will expeditiously confer to discuss such requested
revisions Respondents shall thereafter submit a draft of the
revised Report in accordance with a schedule for revision set by EPA
which is reasonable considering the nature and extent of the proposed
revisions and the time period which was initially available for
Respondent to produce an acceptable report If Respondents fail to
submit such a revised Report within the specified schedule the
provisions of paragraph 30 may be invoked by any party to this
Consent Order
29 Xodificatinn ~pound Consent Order and Scooe of Wrrk This
Consent Order may only oe -edified upon the written agreement of both
EPA by signature cf Seniorsal Administrator and the Respondents
The jpprcvec ork l^r -ay to -edified by Respondents eriy upon
written crc-orent rT ~y tre signature of the Massachusetts
Section Chief and ltbullrdc-rt3 except that if CERCLA or the NCP are
ane~Jed prur to trlt bull-bullbullbullr t f c t ion of the Respondents worlt
a c t i v i t i e s is prcvij- 3 - paragraph 39 EPA nay request a
modi f icaticr to the -bullbull lax cr develop new Work Plans but only to
the extent expressly rec-jired pursuant to said amencrents of CERCLA
or the NCP Respondents assent to such a request for modification
shall not be unreasonably withheld
30 Dispute Resolution If the Respondents object to any EPA
notice of disapproval or decision made pursuant to this Consent
Order the Respondents shall notify EPA in writing of its objections
within ten (10) days of receipt of the decision EPA and the
Respondents have seven (7) days from the receipt by EPA-of the
notification of objection to reach agreement If agreement cannot be
-16shy
reached on any issue within this seven (7) day period EPA shall
provide a written statement of its decision to the Respondents
Respondents shall commence implementation of the activities required
by the EPA decision within five (5) days of receipt of the decision
In the event that the Respondents do not implement the activities
required by the EPA dt-ision the EPA Regional Administrator may take
such civil enforcement action against Respondents as may be provided
by statutory or equitable authorities including but not limited to
the assessment of such civil penalties or damages as are authorized
oy Sections 106(b)(l) and 107 (c) (3) of CERCLA as amended
31 Delav in Perf^rmancStipulated Penalties For each day
that the Respondents fail to comply with any time deadline estashy
oiioned pursuant to TS Consent Order the Respondent shall pay the
jjrrs -ot rtn belcw _ -t_ted penalties
Per cf Fail rraquo ~- Ct-plv Penalty Per Dav
1st - 7th bull-- $ 2500 8th - 15th y lOOOGi eacr ~ay th--r- -rr 400000
Any pound-cn -enalty sn^ll lt Jj- and payable within ten ilO) cays cf the
receipt cf a written demand by EPA Payment of any such penalty
shall be made by certified crecK payable to the Hazardous Substances
Superfund and mailed to the following address with a notation of the
docket number of this Consent Order
US Environmental Protection Agency Hazardous Substance Superfund P 0 Box 371003 M Pittsburgh PA 15251
-17shy
Notice that such payment has been made shall be provided in writing
to the EPA Project Coordinator The stipulated penalties set forth
in this section do not preclude EPA from electing to pursue any other
remedies or sanctions which may be available to EPA by reason of the
Respondents violation of this Consent Order or the Respondents1
failure or refusal to comply with any of the requirements of this
Order except that EPA agrees that all civil penalties for failure to
comply with the time requirements established pursuant to this
Consent Order shall be limited to the amounts calculated under this
paragraph If Resporccrtr pay stipulated penalties for a specified
period of time for late ccrpliance and EPA subsequently recovers
additional fines cr penalties for the same period of late compliance
r court the fines ard pe- 11 es shall be reduced by the arount of
tre 5tp l-iec peral c-s r~- -degr that period of late corrpliamprce
32 Excuses fr ~lpoundv~ n Perfornaree With respect to
Sespcrcc-tc corcpli -ce wit jny interim or final time deadline set
fcrtr - tris Consent ltpoundbullbull including any iTpierrentatior scnecjles
ccr cai eo in plans ^prvcJ Lv EPA pursuant to paragraph 28 and with
respect to the penalty provisions of paragraph 31 no stipulated
penalties or other sanctions will be imposed for delay directly
caused by the following which could not have been overcome by
Respondents due care (i) any act of God (ii) any Order issued to
Respondents by EPA under the provisions of paragraph 22 provided
that such delay did not arise as the result of the performance of the
Removal Activities (iii) any delay which results from failure to
secure access to the Site if the cause of such failure is not within
the control of Respondents (iv) any delays caused by EPAs failure
-18shy
to complete in a timely manner its review of plans and reports (v)
any delay experienced by the operation of the dispute resolution
procedure set forth herein and (vi) any other cause beyond the
control of Respondents provided however that increases in the cost
of performance of the removal activities shall not excuse such
performance nor affect the applicability of the penalty provisions
andor other sanctions which are provided for under this Order Such
penalties and sanctions shall be avoided only if and only to the
extcrt that such delays rratcrially interfered with or prevented
Respondents executor of their responsibilities during the period of
sucr delay Respondents shall notify EPA within twenty-four (24)
hours ir the event -hat circumstances occur which Respondents assert
snc-lu rccr the -xcu-e provisions cf this paragraph and shall
oert fy bullraquo vr spec y -bull cause or causes of such delay and the
estrat-jj J-jratior -cr Jc-liy Failure to notify EPA shall result
r - waivo Resp- j- -t right to assert that the delay should be
egtcbullbullbull L -ccr -he bullbullbullbull-- -ris paragraph Jpon receipt cf such
rot ic^i cr EPA wll -iotc-rTiie whether the delay is appropriately
exc-icd jrcer this parucraph and shall soon notify Respondents
Respondents further agree to use their best efforts to minimize any
delay which may result Respondents acknowledge that they will have
the burden of justifying excuses for delay in performance under this
paragraph
-19shy
33 Waiver of Settlement Conference In consideration of the
conununi cat ions between EPA and Respondents prior to the issuance of
this Consent Order concerning its terms Respondents hereby agree
that there is no need for a settlement conference prior to the
effective date of the Consent Order
34 Civil Penalties for Non-Compliance Respondents are
advised that except as provided by paragraph 32 of this Order if
Respondents violate or fail or refuse to comply with this Consent
Order or any portion tf-oreof EPA reserves its rights pursuant to
Sections 106(b)(l) and 107(c)(3) of CERCLA as amended with respect
to the imposition of civil penalties and punitive damages
35 Confidentiality Clairs Respondents may assert a
confidentiality clair if appropriate covering all or part of the
nf crrat en request- J LY bull_- is Consent Order pursuant to 40 CFR
2203(L) Such an ace-er en shall be adequately substantiated when
bullhe deserticn is rrj-co eitr9r analytical data nor any information
poundccfc-j in Sectin 1 - lt- ) bull 7 ) ( F cf CERCLA as amended by SARA
snail oe claimed is c- ideniial by Respondent Information
determined to be confidential by EPA shall be afforded the protection
specified by 40 CFR Part 2 Subpart B and in Section 104(e)(7) of
CERCLA as amended by SARA If no such claim accompanies the
information when it is submitted to EPA it may be made available to
the public by EPA without further notice to Respondents
36 Liability of Respondents Response Action Contractor The
Response Action Contractor in connection with the activities set
forth in Attachment A hereto shall not be liable under -CERCLA or
under any other federal law to the United States Government for costs
-20shy
or damages which result from a release or threatened release of
hazardous substances or pollutants or contaminants provided that such
releases rr threatened release was not caused by conduct of the
Response Action Contractor which was negligent grossly negligent or
which constituted intentional misconduct Said Response Action
Contractor shall have the burden of demonstrating that such conduct
was not negligent grossly negligent or did not constitute
intentional misconduct Nothing in this paragraph shall affect the
liaoiiity of any person under any warranty under federal state or
corruTon law
37 Incernnif icat icn Respondents agree to indemnify and save
arc hole rarriess the Jrtec States Government its agencies
jep bull--bullbullbull z agens ffcerrgt employees and representatives from
jry -c ciairs r --bullbull_ f action arising from or cr account of
acts r -lesions z gtcc----z their officers employees agents
-bullco vo - bull r-jsteei i2s--_ r contractors in carrying cut the
-ct bullbullbull- L^rsuant bull bull rs -rpoundent Order
38 eccvery bull Cs ~ EPA reserves the right to bri-c an
action acairst Respcrcert pursuant to Section 107 of CERC1A for
recovery of costs incurred in oversight consistent with paragraph 17
herein administration and enforcement of this Consent Order and
any other past and future costs incurred by the United States
Government in connection with response activities conducted pursuant
to CERCLA at this Site
39 Certification of Respondents Performance of the Work
Activities Upon receipt by EPA of notice from Respondents that
they believe they have satisfied their obligations under the Work
-21shy
Plan and this Consent Order EPA shall determine if Respondents
have met all of their responsibilities under the Work Plan and
under the provisions cf this Consent Order Within twenty-one
(21) days after receipt of said notice EPA will either (a)
provide Respondents with a statement of all of their
responsibilities which EPA believes are still outstanding or (b)
certify to Respondents that their responsibilities under the Scope
or Work and under the provisions of this Consent Order have been
cotrpleteiy and successfully discharged and that the work performed
by Respondents pursuant to this Consent Order and the Scope cf
Aorlt is consistent with the NC
bull10 Covenant Sst to Sue and Contribution Protection In
ccroicerat cr of and pcr certification by EPA that Respondents have
ccTplc-toly Jird succ-r i^lly d5charged their responsibilities under
ti-e -or- Plan and j-J^r the provisions of this Consent Order as
provided -or in parr ph 33 herein EPA covenants not to s-e
Rerc rdct3 n any bdquobull v 1 cr viririst rat ive action for the performance
cf tre vcrK Plan bull v jec rcwcvcr such covenant not to sue does
not extend to any ether liabilities that may be associated with the
Site including but not limited to any other response actions that
have been or may be undertaken at the Site This covenant not to sue
becomes effective upon the issuance by EPA of the certification
provided in paragraph 39 Nothing in this paragraph shall preclude
EPA from enforcing the provisions of this Consent Order in any
judicial or administrative proceeding It is the intention and
understanding of the parties to this Consent Order that the
-22shy
protection from contribution claims as provided by Section 113(b)(2)
of CERC1A as amended applies to any claim with respect to
performance of the activities pursuant to the Work Plan
41 Credit for Expenditures made pursuant to this Order
A Upon certification that Respondents have discharged
their responsibilities pursuant to the Work Plan and under the
provisions of this Consent Order Respondents shall present EPA with
an accounting of (1) all costs incurred consistent with the NCP in
deveioprert of the Work Plan and in performance of the Work Plan and
the other activities required by this Consent Order those costs will
oe segregated into two categories costs specifically associated with
bullr-e Arcror Tank Materials and all other costs and (2) the amounts
paid by -acr Pespcrdc-rr n connection therewith EPA agrees that
bullaiJ gtbull_bullbull rall no rjt i bull--bull a penalty paid by the Respondents
3 With bull-bull_bull (20) cays of receipt of such accounting
~A w i l l approve all --sts jccr-nted for by Respondents which are
orr2-t with =uup jrapr -(I) (Approved Consent Order Costs)
per z^cr approval ~A ^are-_3 to reduc-3 the amount of response costs
wnich it will seek to recover from Respondents pursuant to CERCLA or
otherwise in connection with the Site according to the following
formula said response costs shall be reduced by the Approved
Consent Order costs incurred in performing the work activities
associated with the Anchor Tank materials and by the amount resulting
from multiplying the Approved Consent Order Costs other than those
associated with Anchor Tank Materials times the quantity one minus
the result of dividing the aggregate volume of the Respondents waste
by the total volume of waste sent to the Site The volumes for these
-23shy
calculations shall be taken from the Volumetric Sank List attached as
Appendix 3 to the Administrative Order by Consent Docket No
at the time of publication in the Federal Register
C In the event that any Respondent otherwise receives
credit for Approved Consent Order Costs through settlement or
litigation the credit amount calculated under subparagraph (b) for
all Respc-dents shall be reduced by the amount of the credit received
through these other channels Moreover this paragraph shall in no
way limit or affect EFAs right to seek joint and several liability
against Respondents in any court action for all damages arc ether
costs incurred or to be incurred by EPA at the Cannons Engineering
Corporation Site This reduction in EPAs response costs with
respect - the Site -rail affect only recovery of response costs from
-r-e rc-cp-T-i--nts arc r l iv -o way affect the right cf EPA to seek
cint and -everai l i a b i l i t y JPC recovery of all resporse costs from
potentially respcrciLlo parties other than Respondents
42 PAs Re-laquobullbullbullbullbullbull-bull -- -f Richts EPA expressly reserves all
tre right- and defevcvs tra- it may have including EPAs right to
disapprove of work prforrcd by Respondents and to request that
Respondents perform tasks in addition to those detailed in this
Consent Order In addition EPA reserves the right to undertake
removal andor remedial actions at any time and to perform any and
all portions of the Work Activities which Respondents have failed to
perform properly provided however that EPA agrees to use its best
efforts to avoid duplication of Respondents activitiesunder this
Order Except as otherwise limited by paragraphs 31 and 32 EPA
reserves any and all rights to take any enforcement action pursuant
-24shy
to CERCLA as amended by SARA andor any available legal authority
This Consent Orde- does not constitute any decision on the
preauthorization of funds under Section lll(a)(2) of CERCLA as
amended by SARA
43 Respondents Reservation of Rights The participation by
Respondents in entering into and carrying out the terms of this
Consent Order shall rct be considered an admission of liability for
any purpose Nor shall such actions or participation by Respondents
constitute a commitrort or agreement either express or ixpiied to
undertake further activities at the Site other than these necessary
to perferr the Remcvcl Activities in accordance with the Work Plan
and rris Ccnsent Order or to undertake any remedial actions at the
Site r-ctwi thstandir -ry finding conclusions or reccn-Terdat ions
-ace - crrecticn ~-- performance of the Work Plan Except as
exprezly ret fortr - trie Consent Order Respondents reserve all
rcr= -rey r-_ have- -o opprre or defend against any action or claim
o r c ~ r t j
bull ther Clbull mdash Nothirg in tris Consent Order snail
constitute or be ccrstrucd as a release or a covenant not to sue
regarding any claim cause of action or demand in law or equity
against any person firm trust joint venture partnership
corporation or other entity not a signatory to this Consent Order for
any liability it may have arising out of or relating in any way to
the generation storage treatment handling transportation
release or disposal of any hazardous substances hazardous wastes
pollutants or contaminants found at taken to or taken from the
Site EPA shall not be liable for any injuries or damages to persons
-25shy
or property resulting from actions or omissions of Respondents in
carryinc out the activities pursuant to this Consent Order nor shall
EPA be held as a party to or in any other way liable under any
contract entered into by Respondents or by the Response Action
Contractor in carrying out the activities pursuant to this Consent
Order Except as otherwise herein set forth or agreed this Consent
Order shall not estop or limit any legal or equitable claims of the
United States against Respondents their agents contractors or
assigns including but not limited to claims related to releases of
hazardous substances gtr other pollutants or contaminants
45 Other laws All actions required to be taken pursuant to
-his Consent Order snail be undertaken in accordance with the
recjirererts of all appi icabl-e state and federal laws and regulashy
ticrs rcl-cirg laws rolatira to occupational safety and health and
ctrer federal envi r rctul laws as defined in current EPA policy
Otfer agencies nclJc -he Occupational Safety and Health
-crir 12 ration lOSi- -rd bull e fish and Wildlife Service (FiWS) may
oe called jpon to rev-- rc ccndjct of work under this Consent
Order In the event ihat there is a conflict in the application of
federal or state laws cr regulations the more stringent of the
conflicting provisions shall apply
46 Notice to the State Pursuant to the requirements of
Section 121(f) and 104(b)(2) of CERCLA as amended by SARA EPA has
notified the Commonwealth of Massachusetts of the scope of the
Response Action the negotiations with the potentially responsible
parties and of the issuance of this Consent Order
-26shy
47 Notice to the Federal Natural Resource Trustee Pursuant
to Sections 122(j) of SARA EPA has notified the Federal Natural
Resource Trustee of the scope of the Response Action the negotiation
with the potentially responsible parties and of the issuance of this
Consent Order
48 Separate Documents This Consent Order may be executed in
two or more counterparts each of which shall be deemed an original
but all of which together shall constitute one and the same
instrument
49 Effective Dare This Consent Order shall be effective upon
the date cf Respondents1 receipt of notice of signature by the
Seccrai Administrate- All times for performance of activities
jrcer -5 Consent Crder shall be calculated from that date
IT S SO AJPEID AND 3IRID iV
bullcr-e P leiarc Date
-27shy
IT IS SO AGREED
Name of Respondent ACUSHNET COMPANY
By Dale M Shenk Vice President and Controller
Title
January T 8 8 Date
-28shy
IT IS SO AGREED AMERICAN C^AMID COMPANY
Name of Respondent
By A JsJ Costello
Executive Vice President Title
bulljruary 1D3S Date
-28shy
IT IS SO AGREES
AMERICAN NATIONAL CAN CORPORATION Name cf Respondent
By S1U4uJ [ampJUULL~-~AT LAW
JAMES BALLS bull_
Title
JAMASY 7Date
198B
laquo By his signature hereon Janes Seller certifies that he has authority to bind Respondent to the terms of this agreement
-28shy
IT IS SO AGREED
ATampT Technologies Inc Name of Respondent
By ATampT-Engineering Vice President
Title
Date
-28shy
0 A
IT IS SO A G R E E D
Name of Respondent
By John L Fox
General Manager Title
January 6 T968 Date
-28shy
IT IS SO AGREED
Name of R e s p o n d e n t ^-
CHAMBERLAIN MANUFACTURING CORPORATION
By
General Co Title
Jaruar- D a t e
1988
-28shy
IT IS 60 AGREED
Name of Respondent ^ t~poundr llS^eL
Byj Richard Barth
Preeident fc Chief Executive Officer Title
CIBA-GEIGY corporation January 6 1988
Date
-28shy
IT IS SO AGREED
Name of Respondent Earthline Company fsCA
By
Authorized Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent FAIRCHILD SEMICONDUCTOR CORPORATION
By C R Bostic
Its Representative Title
January 4 1986 Date
-28shy
IT IS SO AGREED
Name of Respondent Franklin Pumping Service Inc
By
J I J (President)
1788 Date
-28shy
IT IS SO AGREED
Name of Respondent General Dynamics Corporation
By
Daniel S Hapke Assistant General Counsel T i t l e
4 January 1988 Date
-28shy
IT 18 SO AGREED i
of Ropondtnt
By
-28shy
In the Matter of Cannons Engineering Corporation Administrative Order by Consent
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
Hoechst Celane^e Corporation
Heinz X HofmeistermdashVice President Title
-28shy
IT IS SO AGREED
Name of Respondent HoffaeM-La Bocht Inc
By EB Anderson Senior Viet Prttident
Title
-28shy
P3 ICIO UflWDGFT GO JMN 0 8
XT IS SO ACREEDi
of Respondent rrt
bullyi
Jlflua r v 7 shym
IT IS SO AGREED
Name of Respondent Interex^Corporation
By
Authorized Axteht Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent
By
January 13 1988 Date
Millipore CorporationWaters Associates
Senior Vice President Title
-28shy
Cannons Engineering Corporation Administrative Order by Consent Bridgewater Removal Action
IT IS SO AGREED
Name of Respondent MONSANTO COMPANY iIs
Ishy t- r S S rr- -w ~
By
ff Title
Dote
-28shy
E00 3pound
IT IS SO AGREED
Name of Respondent
By
-IVCL
pound1
Title
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
POLAROID CORPORATION
VICE PRESIDENT AND SECRETARY Title
-28shy
IT IS SO AGREED
Name of Respondent Re eyeling Industries Inc
By
Authorized Agent title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent TECH- gTCM
By
Title
Date
-28shy
ATTACHMENT A
BRIDGEWATER CANNONS ENGINEERING CORPORATION SITE CONSENT ORDER WORK PLAN
I Introduction and Purpose
The purpose of this Consent Order Work Plan is to identify
response actions to be taKen by Respondents of the Site pursuant to
the foregoing Consent Order
I1 Scooe of Work
1 The following are the removal activities required by the
Consent Order
a Renov3- cf XTas-cs The following waste materials shall
oe roTcvo^ frcn the jte poundrd properly disposed of in accordance with
ail applj^oie erv r crrort1 laws and regulations
apprcxirrateiy 400 five-gallon pails containing
waste -atoral from inside the Equipment Building
This -aterial was previously located irsice the box
trailers
approximately 400 less than five-gallon pails which
have had the contents removed into two 55-gallon
drums
approximately one drum full and one drum 34 full
which were generated from the emptying of the above
mentioned less than five-gallon containers
-29shy
approximately 350 containers of laboratory reagents
which were abandoned in the laboratory inside the
Equipment Building
a container approximately one pint in volume
containing an unknown liquid which is considered to
be shock sensitive and will be treated as such
one five-gallon pail of bulked laboratory samples
one three-gallon pail of bulked laboratory samples
approximately 1000 gallons of aqueous waste
material contained in above-ground storage
containers which include less than 10 partially
filled druTs one dumpster and one tank trailer
appr- xiTately 25000 gallons of aqueous waste
material crrtained in the underground tanks
app r bull IT -ic-ly 500 gallons of waste oil determined
to contain a CB content of less than 2 parts per
appr c bull irrately two 55 gallon drums of materials
scraped from trailer bottoms
approximately two 55 gallon drums of contaminated
sorbent material from the equipment building floor
contaminated soil from opening area not to exceed
20 cubic yards
one 55 gallon drum approximately three-quarters
full of contaminated lab water from on-site
laboratory used during initial EPA removal
activities and
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approximately seventy-five 30 gallon garbage bags
containing contaminated protective clothing and
sampling implements
b Transportation of Wastes All of the above-described
wastes will be transported in accordance with all applicaole laws and
regulations including but not limited to all Department of
Transportation (DOT) regulations Additionally all containers
shipped off site and all vehicles carrying these containers will be
properly and completely labeled and placarded in accordance with all
applicable laws and regulations
c Disposal cf Wastes The Respondents shall make all
arrangerents necessary 10 accomplish the proper disposal of all of
the ebcve-cescribed wastes This shall include making available
disprsol perscrrel frr- -e selected disposal facility as needed to
ass-re hat the pack- J-TC snipping methods used meet the disposal
f a c i l i t y specifications f~r acceptance of wastes For elt ch waste
r-aterial ~z oe rencve-j ircr tre site the Respondents shall indicate
befcrc the waste is rerrcved frcrr the site the method of disposal the
name(s) of the facilityiies) to be utilized the compliance status of
the facility(ies) to be utilized the name(s) of transporter(s) to be
utilized the method of transport for each waste and the packaging
to be utilized
d Record of Disposal The Respondents shall provide EPA
with all paperwork documenting the location of all wastes that leave
the site This shall include all temporary storage facilities that
may be utilized before the waste reaches its final destination for
disposal All wastes removed from the site will be pursuant to an
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appropriate Hazardous Waste Manifest EPAs On-Scene Coordinator
will sign each manifest relating to the Anchor Tank material so as to
indicate that EPA is the generator of the Anchor Tank material being
removed from the site For all wastes that leave the site the
Respondents will supply information to include but not be limited
to the date of arrival and departure of each waste to or from each
facility a list of all wastes in question and the signature of the
company representative who accepted the wastes in question
Additionally for any waste that is incinerated or otherwise
destroyed the Respondents shall provide certification by a company
official of the facility destroying the waste that the waste was
ndeed destroyed ard by what nethod it was destroyed
e Site Postcraticn Before final demobilization the
^espcrv-- 3 shall restore the site to an acceptable degree This
-bullill ircl-de assur-rce tl-at no trash or waste materials or equipment
associated with any rf the removal activities is left on site Any
~aterjl including soil which has not been contaminated by site
rperatiors shall be returned to its original location
2 The following activities shall also be performed by
Respondents to fulfill the objectives of the Response Action
a Work Plan The Respondents shall prepare a Work Plan
consisting of all activities and subtasks The Work Plan shall
identify all deliverables to be produced during the Work Activities
including timetables for performance of the Work Activities and
production of the deliverables The Work Plan shall identify each
previously identified waste material to be removed from the site and
the Quality Assurance and Quality Control to be used during Work
-32shy
Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
-33shy
b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
-34shy
subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
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IV STATEMENT OF FACTS
6 The Cannons Engineering Corporation Bridgewater Site
consists of approximately 4 acres of land located in the Bridgewater
Industrial Park in the western part of the Town of Bridgewater
Plymouth County Massachusetts The site is bordered to the north
and south by lots owned by the Bridgewater Industrial Park Inc to
the west by Route 24 and to the east by First Street
7 The site consists of the following facilities the Tank
Farm Building containing 11 tanks with total storage capacity of
approximately 165000 gallons the Ready Building (used to store the
waste before processing in the incinerator) containing four tanks
with a total storace capacity of approximately 50000 gallons the
IrcirTatcr Buildirc arc adjacent fuel tank the Equipment Building
corainirg the CIC ljocrjtraquory and other facilities two box trailers
contain ira Anchor 7anlt Lir ira Inc materials three tankers two of
wnicr contain waste iquics an office trailer five grouped 30000
sailzr outdoor above- -rc--d inks underground storage tar-s arc a
septc system an urcc crounc storm drain system and an underground
drainage sump and otrer above ground debris
8 CEC purchased the property in 1974 During the period from
1974 to 1980 CEC constructed and operated the facility to handle
store and incinerate chemical wastes In 1978 and 1979 CEC applied
for and received a license from the Massachusetts Department of
Environmental Quality Engineering (DEQE) to operate a Hazardous Waste
Collection and Disposal Facility In June 1980 CECs 1979 hazardous
waste license was revoked by the Massachusetts Executive Office of
Environmental Affairs for hazardous waste reporting violations
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Following revocation of CECs license the court appointed a Special
Receiver to oversee the operations at the facility Because of
financial and legal difficulties CEC was unable to continue
incinerating the remaining chemical wastes stored on site On
November 28 1980 CEC stopped all operations at the site
9 An EPA investigation at the site in July 1987 found Picric
Acid and Sodium Azide present on the site Both are shock sensitive
materials and presented an explosion hazard
10 laboratory reagerts stored in bottles on shelves inside the
laboratory inside the Equipment Building include toxic substances
(carbon tetrachlorce) acids (nitric acid) oxidizers (sodium
perci-lcrate) cyanide ccrpc-rds (sodium cyanide) and f lamables
(toljcnc) Waste carpl es -ere also stored inside the laboratory
11 Anchor TarK Lrir- irc brought and left en site two box
trailers c-rcairirg r rcirecs five (illon containers cf abandoned
parts pa- remove ^ arc ctrer tank lining material These
joa-dzro-J -aterial- lt TO Ancrraquor Tank materials) were c eked in the
trailers ra precarizjs rarrer Some containers had filler to the
floor spilling their contents while others showed signs cf
deterioration and lcalaquoage
12 Also on site are several underground tanks containing waste
materials and above ground tankers also containing waste materials
13 Based on the results of his investigations on July 16
1987 EPAs On-Scene Coordinator recommended authorization of a
removal action and on this date the Regional Administrator approved
$74745700 dollars to perform the removal action On July 29 1987
site security was established by the presence of a 24 hour guard at
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the site During August a response manager and chemist under
contract with EPA arrived en site The shock sensitive materials
were desensitized and removed from the site The EPA contractors
assembled a decontamination area cleared the equipment building of
miscellaneous debris compacted together small containers into two 55
gallon drums and collected various containers and lab samples The
containers in the Ancnor tank trailer were removed to the Equipment
building opened and screened for compatibility
V ENDANGERMENT
14 A hazard exists at the site due to the presence of
chemicals abandoned in the laboratory A threat of reaction and
release s presented ry =torpoundge in the laboratory of non-compatible
rjrpfjrj ojch as acJ= gticizers cyanide ccrrpc-rcs and fllaquorrables
n close proximity The storage in structurally deteriorating
containers of Anchor an- Linings waste materials also creates a
-rreat f fire and r-lc-are An additional threat of release arises
from the sbardcrmont - s~e cf other liquid wastes and waste
materials
VI DETERMINATIONS
15 On the basis of the findings of fact and reports cited
therein EPA has determined that
a Each Respondent is a person within the meaning of
Section 101(21) of CERCLA 42 USC 9601(21)
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b Each Respondent is a potentially responsible party with
respect to some response costs incurred in connection with the site
within the meaning of Section 107(a) of CERCLA as amended 42 USC
$9607
c Many of the chemicals found on the site are hazardous
substances within the meaning of Section 101(14) of CERCLA 42
USC 9601(14)
d The past present or potential future migration of
hazardous substances it or from the Site constitutes an actual or
substantial threat of a release into the environment as those
terns are defined in Sections 101(8) and 101(22) of CERCLA as
amended
e The actu-1 releases cr threatened releases of a
naz-ror- -ubstsnco frrT the cite nay be an irmirer and substantial
encirscrrent to the rue-lie rc-alth or welfare cr the environment
w i t h i n -he rearing f 106(c) of CERCLA 42 USC sect 960G(a)
It is -c--ssary in order to protect the -ublic health
r welfare or the env rorncnt that actions be taken to abate such
cancers and threats that ray be caused by actual or threatened
release of hazardous substances from the Site For the purpose of
this Consent Order only such actions consist of the removal
activities described in the Work Plan set forth in Attachment A
hereto
g Respondents by undertaking the work activities pursuant
to this Consent Order and Attachment A will not have owned cr
possessed the Anchor Tank materials within the meaning of Section
107(a)(3) of CERLCLA as amended accordingly Respondents are not
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responsible parties within the meaning of Section 107 of CERCLA
with respect to the Anchor Tank materials and any response costs
which have been or may hereafter be incurred in connection with said
materials at any disposal or treatment facility to which Respondents
deliver said materials pursuant to this Consent Order s
VII ORDER
16 EPA hereby orders and agrees and Respondents without
admission of any issue of fact or law and in accordance with
Respondents Reservation of Rights as provided in paragraph 43
heresy agree that Respondents shall perform the activities set
forth in Attachment A These activities shall be conducted
pursuit o this Consent Or-Jer and shall be consistent with
CERCLA pound ar-erdec ry SARA ard the XCP If any inconsistencies
between ary cf the uocve laws cr regulations CERCLA as amended
shall 73VCTT Resp bull Jer-rG ncrce that they will conduct all
jct~s cescribec h s Ccnreit Order properly and accc rdirCj to
its terns ad the screcjlcs ^et forth herein
17 EPA Over siST1 It is hereby further ordered and
Respondents further agree that the Respondents shall reimburse the
Hazardous Substances Superfund for any cost consistent with CERCLA
and the NCP incurred by EPA including analytic cost under or in
connection with a contract or arrangement between EPA and a
qualified person to assist EPA in overseeing and reviewing the work
activities set forth in Attachment A to be performed by_ Respondents
provided however that Respondents shall not be obliltited pursuant
to this consent order to reimburse EPA for such rversight coss in
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excess cf S [to be 15 of bid price for the removal work excluding
activities in connection with the Anchor Tank materials] cr fifteen
percent (15) of Respondents costs incurred in the performance of
the removal activities unrelated to the Anchor Tank Materials
whichever is greater EPA agrees to notify Respondents of its
intention to enlarge or materially change the scope andor costs of
EPAs planned oversight activities and to provide Respondents with an
opportunity to discuss with EPA any such changes At the conclusion
cf the activities to be conducted under this Order ZPA will submit
to Respondents an accc-rtirc cf all oversight costs incurred by the
US government with respect to this Consent Order Subject to the
dispute resolution prcvisicn as provided in paragraph 30 herein
espc-dc-- shall bull-bull-r n 20 calendar days of receipt of that
jcc-nt bull= remit ^ co t ic-j c eck for the amount of those costs
-ade ray-cle to the bullbullbullJr~z r-bstance Superfunu Checks shall
pecif itally ref erc-nco bull ne identity of tie Site and be addressed to
US r-v r-crtul Protection Agency Hazardous S-ostances Supcrfurd PO Box 2710C3 V Pittsburg- PA 15251
A copy cf the transmittal letter shall be provided to the EPA Project
Coordinator
18 Observation of Respondents Field Activities Subject to
Respondents right to access to the Site as provided in paragraph 21
herein Respondents shall allow EPAs Project Coordinator and other
EPA employees agents consultants contractors and authorized
representatives to enter and move about the Site at allreasonable
times including but not limited to any time that work is being
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carried out pursuant to this Consent Order for the purpose of
inspecting and observing progress in implementing the activities
pursuant to this Concent Order and for the purpose cf verifying the
data submitted to EPA Respondents shall permit such persons to
record ail field activities by means of photographic or other
recording equipment and to inspect and copy all records documents
and other writings which in any way pertain to work undertaken
pursuant to this Consent Order
19 Engagement cf a Response Action Contractor Within seven
(7) cays of the effective date of this Consent Order Respondents
shall engage a qualified and experienced Response Action Contractor
(Contractor) to perform the removal activities set forth in the
Sccce cf Acr (Attac--r-rt A) All work performed by said Contractor
pur-_jrt bull this Ccrj bullbullbull-_ Orcic- shall be under the general direction
and cpervision of a bull_ lificc professional with expertise in
raz^rdc-js waste site -vest ijjtion and clean-up The contractual
lt=G- -r-ert etween bull-bullc-J-ib ^nd the Contractor shall require the
Ccr-ractcr as a cere it r- successful performance of the contract
to perform the Work Activities consistent with the provisions cf this
Consent Order Written notice of the engagement of the Contractor
shall be provided to EPA within five (5) days of such engagement and
a copy of the Respondents contract with the Contractor including a
statement of qualifications and identification of project personnel
shall be provided to EPA at that time Respondents shall notify EPA
regarding the identity and qualifications of any additioial
subcontractors and their key personnel at least fcurteen (14) days
prior to the Subcontractors commencement of Site work EPA shall
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have the right to disapprove based upon professional qualification
any Contractor or person engaged by Respondents to conduct Activities
under this Consent Order
20 Designation of Project Coordinator Seven (7) days after
the effective date of this Consent Order EPA and Respondents shall
each designate their own respective Project Coordinator Each
Project Coordinator shall be responsible for overseeing the
implementation of this Consent Order Any permanent change in the
designated Project Coordinator of either EPA or Respondents shall be
accomplished by sendiro written notice to either party The absence
of the EPA Project Coordinator from the Site shall not be the cause
for the stoppage of worlt unless the EPA Project Coordinator specifies
wcrlt o be jcccrpiiir--i inly when he or she is present
21 Site Accr- To -he extent that this Consent Order
requrr-- access to p~rerty ether than that already owned by the
esc-Jc-t j the Peso- ientc shall use their best efforts to obtain
ste jccoiis agreeron - rrcrr -he owners cf the Site ard any other
property wnich is ncccr-ry to successfully perform the activities
described ir this Consent Order within ten (10) cays after the
execution of this Consent Order by all parties Such agreements
shall provide to EPA its designated coordinator and its agents
employees authorized representatives and contractors reasonable
access to the Site for the purpose of overseeing Respondents
implementation of this Consent Order In the event that Respondents
conclude they are unable to obtain a necessary site access agreement
within the referenced time Respondents shall immediately notify EPA
in writing and shall include in such notification a description of
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che efforts made by Respondents to obtain the necessary access and
the reasons for their inability to obtain such access A delay in
performance of the Removal Activities which results from the
inability to secure such site access shall constitute an excusable
delay for the purposes of paragraph 32 if the cause of such inability
is not within the control of Respondents
22 Creation of Danger Upon obtaining information concerning
the occurrence of any event during the Removal Activities that causes
or threatens a release of hazardous substances from the Site or that
threatens public health welfare or the environment Respondents
snail notify within twenty-four (24) hours the EPA Project
Coordinator or in the event of his or her unavailability shall
notify wthin the sarro -werty-f cur (24) hour period the Ererccncy
Sest-orDe rit 3egr United States Environmental Protection
Agency -etting forth bull re events that occurred and the measures taken
and 10 bo -^ken if appr - pr e to mitigate any harrr caused or
nreat-bullo-j by the event raquo-d to prevent the reoccurrence cf such an
event Respondents crall have no obligations under this Order to
jndertake reasures to rritigate any such event not related to their
performance of the Removal Activities Regardless of whether or not
such a report is made to EPA if EPA determines that activities
undertaken in connection with this Consent Order have caused or may
cause a threat to on-site personnel or to the public health or
welfare or to the environment EPA may (a) order Respondents to stop
further implementation of this Consent Order for such period of time
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as may be needed to abate any such release or threat anderr (b)
undertake any actions which EPA determines are necessary to abate
such threat
23 Availability of Data Respondents shall submit to EPA the
results of all sampling andor tests and all other data generated by
Respondents by the Contractor or on Respondents behalf in the
course of implementing this Consent Order in its Progress Reports or
other Reports as described in the Work Plan or in this Consent Order
24 Record Preservation Respondents shall preserve during
tre pendency of this Consent Order and for a period of net less than
six (6) years after ecrrpletirg the work required by this Consent
Order all records arc icc--erts in their possession cr in the
c jsres rr f their ccucrse Action Contractor which relate in any
-ay z -bullbullgt --rfcrrar -ltbull i-e vork Plan cr this Consent Crccr
rotw irct-rcirg any cc-rc-i retention policy to the contrary After
bull nis - bull bullbull= perirj Pospc- Jc-its nay request in writing perrrisjion
bull jeer_y -ry sucr bullbull-bullgtrcc r docurrcr^3 This requort shall be
accrc-rci by a eery iris Consent Order and shall be rent by
certified rail return receipt requested to the following address
Robert A DiBiccaro Acting Regional Counsel (or the current Regional Counsel) US Environmental Protection Agency JFK Federal Building Rm 2203 Boston Massachusetts 02203
Within sixty (60) days of receipt of a request by Respondents to
destroy any or all such records or documents EPA will notify
Respondents whether such request has been granted or denied If EPA
denies such request Respondents shall make available to EPA such
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records and documents or copies of any such records and documents and
all obligations of Respondents to preserve records pursuant to this
Consent Order shall cease EPAs failure to respond to Respondents
request within the time period specified herein shall be deemed an
approval of said request and all obligations of Respondents to
preserve records pursuant to this Consent Order shall cease
Notwithstanding the terms of this paragraph Respondents do not waive
their rights to assert any privileges which may be applicable to such
records and documents
25 Place and Varrer of Notice Communications between
Respondents and EPA and all documents including reports approvals
disapprovals written rctices and other correspondence to be
suomitted- pursuant - rris Ccrsent Order shall be sent by certified
raI return receipt bull queste-J or by courier to the Project
Coordinator at the ll_wirg address or such other addresses as
Respcrde-gt13 cr EPA gtro-fttr ray designate in writing
a Docurc--j three ccpies) to be submitted to EPA should
oe cct to
Ricnard Haworth EPA On-Scene Coordinator US Environmental Protection Agency New England Regional Laboratory 60 Westview Street Lexington MA 02173
and one copy to
Wayne M Robinson EPA Remedial Project Manager US Environmental Protection Agency Waste Management Division JFK Federal Building HSN Boston MA 02203
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b Documents (three copies) to be submitted to Respondents
should be sent to
(name and addresses of Respondents contractors)
26 Necessity of Formal Approval No informal advice
guidance suggestions or commerts by EPA regarding reports plans
specifications schedules or any other writing submitted by
Respondents shall be construed as relieving Respondents of their
obligation to obtain such formal approvals as may be required by this
Consent Order
27 Procedure for Sbrssicn of Deliverables to EPA All
deiiveraoles identified in Attachment A for submittal to EPA shall be
so delivered to EPA in accordance with the Schedule set forth in the
Scope -f Work Prior -0 receipt of final EPA approval any report
bullbullJDTbullbullbullbull to EPA for ipprvl shall be rarked Draft on each page
arc jr-all include n a prc~irent location in the document the
follcwir- isciarcr Thib Document is a DRAFT which has not
recebullbullbullbull-bull iral EPA -ppr --I EPA will review Reports in accordance
wtn pa-rcpns 28 ne Consent Order
28 Procedure fr Review Revision and Fiial Approval of
Reports All deliverables identified in the Scope of Worn
(Attachment A) and this Consent Order for delivery to EPA (Reports)
shall be so delivered to EPA in accordance with the schedules set
forth in the Scope of Work and this Consent Order EPA will review
the Reports to determine whether they are consistent with the
requirements of the Scope of Work and Work Schedule and this Consent
Order If EPA determines that revisions to a Report are necessary
EPA will notify Respondents of EPAs requested revisions and the
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parties will expeditiously confer to discuss such requested
revisions Respondents shall thereafter submit a draft of the
revised Report in accordance with a schedule for revision set by EPA
which is reasonable considering the nature and extent of the proposed
revisions and the time period which was initially available for
Respondent to produce an acceptable report If Respondents fail to
submit such a revised Report within the specified schedule the
provisions of paragraph 30 may be invoked by any party to this
Consent Order
29 Xodificatinn ~pound Consent Order and Scooe of Wrrk This
Consent Order may only oe -edified upon the written agreement of both
EPA by signature cf Seniorsal Administrator and the Respondents
The jpprcvec ork l^r -ay to -edified by Respondents eriy upon
written crc-orent rT ~y tre signature of the Massachusetts
Section Chief and ltbullrdc-rt3 except that if CERCLA or the NCP are
ane~Jed prur to trlt bull-bullbullbullr t f c t ion of the Respondents worlt
a c t i v i t i e s is prcvij- 3 - paragraph 39 EPA nay request a
modi f icaticr to the -bullbull lax cr develop new Work Plans but only to
the extent expressly rec-jired pursuant to said amencrents of CERCLA
or the NCP Respondents assent to such a request for modification
shall not be unreasonably withheld
30 Dispute Resolution If the Respondents object to any EPA
notice of disapproval or decision made pursuant to this Consent
Order the Respondents shall notify EPA in writing of its objections
within ten (10) days of receipt of the decision EPA and the
Respondents have seven (7) days from the receipt by EPA-of the
notification of objection to reach agreement If agreement cannot be
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reached on any issue within this seven (7) day period EPA shall
provide a written statement of its decision to the Respondents
Respondents shall commence implementation of the activities required
by the EPA decision within five (5) days of receipt of the decision
In the event that the Respondents do not implement the activities
required by the EPA dt-ision the EPA Regional Administrator may take
such civil enforcement action against Respondents as may be provided
by statutory or equitable authorities including but not limited to
the assessment of such civil penalties or damages as are authorized
oy Sections 106(b)(l) and 107 (c) (3) of CERCLA as amended
31 Delav in Perf^rmancStipulated Penalties For each day
that the Respondents fail to comply with any time deadline estashy
oiioned pursuant to TS Consent Order the Respondent shall pay the
jjrrs -ot rtn belcw _ -t_ted penalties
Per cf Fail rraquo ~- Ct-plv Penalty Per Dav
1st - 7th bull-- $ 2500 8th - 15th y lOOOGi eacr ~ay th--r- -rr 400000
Any pound-cn -enalty sn^ll lt Jj- and payable within ten ilO) cays cf the
receipt cf a written demand by EPA Payment of any such penalty
shall be made by certified crecK payable to the Hazardous Substances
Superfund and mailed to the following address with a notation of the
docket number of this Consent Order
US Environmental Protection Agency Hazardous Substance Superfund P 0 Box 371003 M Pittsburgh PA 15251
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Notice that such payment has been made shall be provided in writing
to the EPA Project Coordinator The stipulated penalties set forth
in this section do not preclude EPA from electing to pursue any other
remedies or sanctions which may be available to EPA by reason of the
Respondents violation of this Consent Order or the Respondents1
failure or refusal to comply with any of the requirements of this
Order except that EPA agrees that all civil penalties for failure to
comply with the time requirements established pursuant to this
Consent Order shall be limited to the amounts calculated under this
paragraph If Resporccrtr pay stipulated penalties for a specified
period of time for late ccrpliance and EPA subsequently recovers
additional fines cr penalties for the same period of late compliance
r court the fines ard pe- 11 es shall be reduced by the arount of
tre 5tp l-iec peral c-s r~- -degr that period of late corrpliamprce
32 Excuses fr ~lpoundv~ n Perfornaree With respect to
Sespcrcc-tc corcpli -ce wit jny interim or final time deadline set
fcrtr - tris Consent ltpoundbullbull including any iTpierrentatior scnecjles
ccr cai eo in plans ^prvcJ Lv EPA pursuant to paragraph 28 and with
respect to the penalty provisions of paragraph 31 no stipulated
penalties or other sanctions will be imposed for delay directly
caused by the following which could not have been overcome by
Respondents due care (i) any act of God (ii) any Order issued to
Respondents by EPA under the provisions of paragraph 22 provided
that such delay did not arise as the result of the performance of the
Removal Activities (iii) any delay which results from failure to
secure access to the Site if the cause of such failure is not within
the control of Respondents (iv) any delays caused by EPAs failure
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to complete in a timely manner its review of plans and reports (v)
any delay experienced by the operation of the dispute resolution
procedure set forth herein and (vi) any other cause beyond the
control of Respondents provided however that increases in the cost
of performance of the removal activities shall not excuse such
performance nor affect the applicability of the penalty provisions
andor other sanctions which are provided for under this Order Such
penalties and sanctions shall be avoided only if and only to the
extcrt that such delays rratcrially interfered with or prevented
Respondents executor of their responsibilities during the period of
sucr delay Respondents shall notify EPA within twenty-four (24)
hours ir the event -hat circumstances occur which Respondents assert
snc-lu rccr the -xcu-e provisions cf this paragraph and shall
oert fy bullraquo vr spec y -bull cause or causes of such delay and the
estrat-jj J-jratior -cr Jc-liy Failure to notify EPA shall result
r - waivo Resp- j- -t right to assert that the delay should be
egtcbullbullbull L -ccr -he bullbullbullbull-- -ris paragraph Jpon receipt cf such
rot ic^i cr EPA wll -iotc-rTiie whether the delay is appropriately
exc-icd jrcer this parucraph and shall soon notify Respondents
Respondents further agree to use their best efforts to minimize any
delay which may result Respondents acknowledge that they will have
the burden of justifying excuses for delay in performance under this
paragraph
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33 Waiver of Settlement Conference In consideration of the
conununi cat ions between EPA and Respondents prior to the issuance of
this Consent Order concerning its terms Respondents hereby agree
that there is no need for a settlement conference prior to the
effective date of the Consent Order
34 Civil Penalties for Non-Compliance Respondents are
advised that except as provided by paragraph 32 of this Order if
Respondents violate or fail or refuse to comply with this Consent
Order or any portion tf-oreof EPA reserves its rights pursuant to
Sections 106(b)(l) and 107(c)(3) of CERCLA as amended with respect
to the imposition of civil penalties and punitive damages
35 Confidentiality Clairs Respondents may assert a
confidentiality clair if appropriate covering all or part of the
nf crrat en request- J LY bull_- is Consent Order pursuant to 40 CFR
2203(L) Such an ace-er en shall be adequately substantiated when
bullhe deserticn is rrj-co eitr9r analytical data nor any information
poundccfc-j in Sectin 1 - lt- ) bull 7 ) ( F cf CERCLA as amended by SARA
snail oe claimed is c- ideniial by Respondent Information
determined to be confidential by EPA shall be afforded the protection
specified by 40 CFR Part 2 Subpart B and in Section 104(e)(7) of
CERCLA as amended by SARA If no such claim accompanies the
information when it is submitted to EPA it may be made available to
the public by EPA without further notice to Respondents
36 Liability of Respondents Response Action Contractor The
Response Action Contractor in connection with the activities set
forth in Attachment A hereto shall not be liable under -CERCLA or
under any other federal law to the United States Government for costs
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or damages which result from a release or threatened release of
hazardous substances or pollutants or contaminants provided that such
releases rr threatened release was not caused by conduct of the
Response Action Contractor which was negligent grossly negligent or
which constituted intentional misconduct Said Response Action
Contractor shall have the burden of demonstrating that such conduct
was not negligent grossly negligent or did not constitute
intentional misconduct Nothing in this paragraph shall affect the
liaoiiity of any person under any warranty under federal state or
corruTon law
37 Incernnif icat icn Respondents agree to indemnify and save
arc hole rarriess the Jrtec States Government its agencies
jep bull--bullbullbull z agens ffcerrgt employees and representatives from
jry -c ciairs r --bullbull_ f action arising from or cr account of
acts r -lesions z gtcc----z their officers employees agents
-bullco vo - bull r-jsteei i2s--_ r contractors in carrying cut the
-ct bullbullbull- L^rsuant bull bull rs -rpoundent Order
38 eccvery bull Cs ~ EPA reserves the right to bri-c an
action acairst Respcrcert pursuant to Section 107 of CERC1A for
recovery of costs incurred in oversight consistent with paragraph 17
herein administration and enforcement of this Consent Order and
any other past and future costs incurred by the United States
Government in connection with response activities conducted pursuant
to CERCLA at this Site
39 Certification of Respondents Performance of the Work
Activities Upon receipt by EPA of notice from Respondents that
they believe they have satisfied their obligations under the Work
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Plan and this Consent Order EPA shall determine if Respondents
have met all of their responsibilities under the Work Plan and
under the provisions cf this Consent Order Within twenty-one
(21) days after receipt of said notice EPA will either (a)
provide Respondents with a statement of all of their
responsibilities which EPA believes are still outstanding or (b)
certify to Respondents that their responsibilities under the Scope
or Work and under the provisions of this Consent Order have been
cotrpleteiy and successfully discharged and that the work performed
by Respondents pursuant to this Consent Order and the Scope cf
Aorlt is consistent with the NC
bull10 Covenant Sst to Sue and Contribution Protection In
ccroicerat cr of and pcr certification by EPA that Respondents have
ccTplc-toly Jird succ-r i^lly d5charged their responsibilities under
ti-e -or- Plan and j-J^r the provisions of this Consent Order as
provided -or in parr ph 33 herein EPA covenants not to s-e
Rerc rdct3 n any bdquobull v 1 cr viririst rat ive action for the performance
cf tre vcrK Plan bull v jec rcwcvcr such covenant not to sue does
not extend to any ether liabilities that may be associated with the
Site including but not limited to any other response actions that
have been or may be undertaken at the Site This covenant not to sue
becomes effective upon the issuance by EPA of the certification
provided in paragraph 39 Nothing in this paragraph shall preclude
EPA from enforcing the provisions of this Consent Order in any
judicial or administrative proceeding It is the intention and
understanding of the parties to this Consent Order that the
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protection from contribution claims as provided by Section 113(b)(2)
of CERC1A as amended applies to any claim with respect to
performance of the activities pursuant to the Work Plan
41 Credit for Expenditures made pursuant to this Order
A Upon certification that Respondents have discharged
their responsibilities pursuant to the Work Plan and under the
provisions of this Consent Order Respondents shall present EPA with
an accounting of (1) all costs incurred consistent with the NCP in
deveioprert of the Work Plan and in performance of the Work Plan and
the other activities required by this Consent Order those costs will
oe segregated into two categories costs specifically associated with
bullr-e Arcror Tank Materials and all other costs and (2) the amounts
paid by -acr Pespcrdc-rr n connection therewith EPA agrees that
bullaiJ gtbull_bullbull rall no rjt i bull--bull a penalty paid by the Respondents
3 With bull-bull_bull (20) cays of receipt of such accounting
~A w i l l approve all --sts jccr-nted for by Respondents which are
orr2-t with =uup jrapr -(I) (Approved Consent Order Costs)
per z^cr approval ~A ^are-_3 to reduc-3 the amount of response costs
wnich it will seek to recover from Respondents pursuant to CERCLA or
otherwise in connection with the Site according to the following
formula said response costs shall be reduced by the Approved
Consent Order costs incurred in performing the work activities
associated with the Anchor Tank materials and by the amount resulting
from multiplying the Approved Consent Order Costs other than those
associated with Anchor Tank Materials times the quantity one minus
the result of dividing the aggregate volume of the Respondents waste
by the total volume of waste sent to the Site The volumes for these
-23shy
calculations shall be taken from the Volumetric Sank List attached as
Appendix 3 to the Administrative Order by Consent Docket No
at the time of publication in the Federal Register
C In the event that any Respondent otherwise receives
credit for Approved Consent Order Costs through settlement or
litigation the credit amount calculated under subparagraph (b) for
all Respc-dents shall be reduced by the amount of the credit received
through these other channels Moreover this paragraph shall in no
way limit or affect EFAs right to seek joint and several liability
against Respondents in any court action for all damages arc ether
costs incurred or to be incurred by EPA at the Cannons Engineering
Corporation Site This reduction in EPAs response costs with
respect - the Site -rail affect only recovery of response costs from
-r-e rc-cp-T-i--nts arc r l iv -o way affect the right cf EPA to seek
cint and -everai l i a b i l i t y JPC recovery of all resporse costs from
potentially respcrciLlo parties other than Respondents
42 PAs Re-laquobullbullbullbullbullbull-bull -- -f Richts EPA expressly reserves all
tre right- and defevcvs tra- it may have including EPAs right to
disapprove of work prforrcd by Respondents and to request that
Respondents perform tasks in addition to those detailed in this
Consent Order In addition EPA reserves the right to undertake
removal andor remedial actions at any time and to perform any and
all portions of the Work Activities which Respondents have failed to
perform properly provided however that EPA agrees to use its best
efforts to avoid duplication of Respondents activitiesunder this
Order Except as otherwise limited by paragraphs 31 and 32 EPA
reserves any and all rights to take any enforcement action pursuant
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to CERCLA as amended by SARA andor any available legal authority
This Consent Orde- does not constitute any decision on the
preauthorization of funds under Section lll(a)(2) of CERCLA as
amended by SARA
43 Respondents Reservation of Rights The participation by
Respondents in entering into and carrying out the terms of this
Consent Order shall rct be considered an admission of liability for
any purpose Nor shall such actions or participation by Respondents
constitute a commitrort or agreement either express or ixpiied to
undertake further activities at the Site other than these necessary
to perferr the Remcvcl Activities in accordance with the Work Plan
and rris Ccnsent Order or to undertake any remedial actions at the
Site r-ctwi thstandir -ry finding conclusions or reccn-Terdat ions
-ace - crrecticn ~-- performance of the Work Plan Except as
exprezly ret fortr - trie Consent Order Respondents reserve all
rcr= -rey r-_ have- -o opprre or defend against any action or claim
o r c ~ r t j
bull ther Clbull mdash Nothirg in tris Consent Order snail
constitute or be ccrstrucd as a release or a covenant not to sue
regarding any claim cause of action or demand in law or equity
against any person firm trust joint venture partnership
corporation or other entity not a signatory to this Consent Order for
any liability it may have arising out of or relating in any way to
the generation storage treatment handling transportation
release or disposal of any hazardous substances hazardous wastes
pollutants or contaminants found at taken to or taken from the
Site EPA shall not be liable for any injuries or damages to persons
-25shy
or property resulting from actions or omissions of Respondents in
carryinc out the activities pursuant to this Consent Order nor shall
EPA be held as a party to or in any other way liable under any
contract entered into by Respondents or by the Response Action
Contractor in carrying out the activities pursuant to this Consent
Order Except as otherwise herein set forth or agreed this Consent
Order shall not estop or limit any legal or equitable claims of the
United States against Respondents their agents contractors or
assigns including but not limited to claims related to releases of
hazardous substances gtr other pollutants or contaminants
45 Other laws All actions required to be taken pursuant to
-his Consent Order snail be undertaken in accordance with the
recjirererts of all appi icabl-e state and federal laws and regulashy
ticrs rcl-cirg laws rolatira to occupational safety and health and
ctrer federal envi r rctul laws as defined in current EPA policy
Otfer agencies nclJc -he Occupational Safety and Health
-crir 12 ration lOSi- -rd bull e fish and Wildlife Service (FiWS) may
oe called jpon to rev-- rc ccndjct of work under this Consent
Order In the event ihat there is a conflict in the application of
federal or state laws cr regulations the more stringent of the
conflicting provisions shall apply
46 Notice to the State Pursuant to the requirements of
Section 121(f) and 104(b)(2) of CERCLA as amended by SARA EPA has
notified the Commonwealth of Massachusetts of the scope of the
Response Action the negotiations with the potentially responsible
parties and of the issuance of this Consent Order
-26shy
47 Notice to the Federal Natural Resource Trustee Pursuant
to Sections 122(j) of SARA EPA has notified the Federal Natural
Resource Trustee of the scope of the Response Action the negotiation
with the potentially responsible parties and of the issuance of this
Consent Order
48 Separate Documents This Consent Order may be executed in
two or more counterparts each of which shall be deemed an original
but all of which together shall constitute one and the same
instrument
49 Effective Dare This Consent Order shall be effective upon
the date cf Respondents1 receipt of notice of signature by the
Seccrai Administrate- All times for performance of activities
jrcer -5 Consent Crder shall be calculated from that date
IT S SO AJPEID AND 3IRID iV
bullcr-e P leiarc Date
-27shy
IT IS SO AGREED
Name of Respondent ACUSHNET COMPANY
By Dale M Shenk Vice President and Controller
Title
January T 8 8 Date
-28shy
IT IS SO AGREED AMERICAN C^AMID COMPANY
Name of Respondent
By A JsJ Costello
Executive Vice President Title
bulljruary 1D3S Date
-28shy
IT IS SO AGREES
AMERICAN NATIONAL CAN CORPORATION Name cf Respondent
By S1U4uJ [ampJUULL~-~AT LAW
JAMES BALLS bull_
Title
JAMASY 7Date
198B
laquo By his signature hereon Janes Seller certifies that he has authority to bind Respondent to the terms of this agreement
-28shy
IT IS SO AGREED
ATampT Technologies Inc Name of Respondent
By ATampT-Engineering Vice President
Title
Date
-28shy
0 A
IT IS SO A G R E E D
Name of Respondent
By John L Fox
General Manager Title
January 6 T968 Date
-28shy
IT IS SO AGREED
Name of R e s p o n d e n t ^-
CHAMBERLAIN MANUFACTURING CORPORATION
By
General Co Title
Jaruar- D a t e
1988
-28shy
IT IS 60 AGREED
Name of Respondent ^ t~poundr llS^eL
Byj Richard Barth
Preeident fc Chief Executive Officer Title
CIBA-GEIGY corporation January 6 1988
Date
-28shy
IT IS SO AGREED
Name of Respondent Earthline Company fsCA
By
Authorized Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent FAIRCHILD SEMICONDUCTOR CORPORATION
By C R Bostic
Its Representative Title
January 4 1986 Date
-28shy
IT IS SO AGREED
Name of Respondent Franklin Pumping Service Inc
By
J I J (President)
1788 Date
-28shy
IT IS SO AGREED
Name of Respondent General Dynamics Corporation
By
Daniel S Hapke Assistant General Counsel T i t l e
4 January 1988 Date
-28shy
IT 18 SO AGREED i
of Ropondtnt
By
-28shy
In the Matter of Cannons Engineering Corporation Administrative Order by Consent
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
Hoechst Celane^e Corporation
Heinz X HofmeistermdashVice President Title
-28shy
IT IS SO AGREED
Name of Respondent HoffaeM-La Bocht Inc
By EB Anderson Senior Viet Prttident
Title
-28shy
P3 ICIO UflWDGFT GO JMN 0 8
XT IS SO ACREEDi
of Respondent rrt
bullyi
Jlflua r v 7 shym
IT IS SO AGREED
Name of Respondent Interex^Corporation
By
Authorized Axteht Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent
By
January 13 1988 Date
Millipore CorporationWaters Associates
Senior Vice President Title
-28shy
Cannons Engineering Corporation Administrative Order by Consent Bridgewater Removal Action
IT IS SO AGREED
Name of Respondent MONSANTO COMPANY iIs
Ishy t- r S S rr- -w ~
By
ff Title
Dote
-28shy
E00 3pound
IT IS SO AGREED
Name of Respondent
By
-IVCL
pound1
Title
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
POLAROID CORPORATION
VICE PRESIDENT AND SECRETARY Title
-28shy
IT IS SO AGREED
Name of Respondent Re eyeling Industries Inc
By
Authorized Agent title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent TECH- gTCM
By
Title
Date
-28shy
ATTACHMENT A
BRIDGEWATER CANNONS ENGINEERING CORPORATION SITE CONSENT ORDER WORK PLAN
I Introduction and Purpose
The purpose of this Consent Order Work Plan is to identify
response actions to be taKen by Respondents of the Site pursuant to
the foregoing Consent Order
I1 Scooe of Work
1 The following are the removal activities required by the
Consent Order
a Renov3- cf XTas-cs The following waste materials shall
oe roTcvo^ frcn the jte poundrd properly disposed of in accordance with
ail applj^oie erv r crrort1 laws and regulations
apprcxirrateiy 400 five-gallon pails containing
waste -atoral from inside the Equipment Building
This -aterial was previously located irsice the box
trailers
approximately 400 less than five-gallon pails which
have had the contents removed into two 55-gallon
drums
approximately one drum full and one drum 34 full
which were generated from the emptying of the above
mentioned less than five-gallon containers
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approximately 350 containers of laboratory reagents
which were abandoned in the laboratory inside the
Equipment Building
a container approximately one pint in volume
containing an unknown liquid which is considered to
be shock sensitive and will be treated as such
one five-gallon pail of bulked laboratory samples
one three-gallon pail of bulked laboratory samples
approximately 1000 gallons of aqueous waste
material contained in above-ground storage
containers which include less than 10 partially
filled druTs one dumpster and one tank trailer
appr- xiTately 25000 gallons of aqueous waste
material crrtained in the underground tanks
app r bull IT -ic-ly 500 gallons of waste oil determined
to contain a CB content of less than 2 parts per
appr c bull irrately two 55 gallon drums of materials
scraped from trailer bottoms
approximately two 55 gallon drums of contaminated
sorbent material from the equipment building floor
contaminated soil from opening area not to exceed
20 cubic yards
one 55 gallon drum approximately three-quarters
full of contaminated lab water from on-site
laboratory used during initial EPA removal
activities and
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approximately seventy-five 30 gallon garbage bags
containing contaminated protective clothing and
sampling implements
b Transportation of Wastes All of the above-described
wastes will be transported in accordance with all applicaole laws and
regulations including but not limited to all Department of
Transportation (DOT) regulations Additionally all containers
shipped off site and all vehicles carrying these containers will be
properly and completely labeled and placarded in accordance with all
applicable laws and regulations
c Disposal cf Wastes The Respondents shall make all
arrangerents necessary 10 accomplish the proper disposal of all of
the ebcve-cescribed wastes This shall include making available
disprsol perscrrel frr- -e selected disposal facility as needed to
ass-re hat the pack- J-TC snipping methods used meet the disposal
f a c i l i t y specifications f~r acceptance of wastes For elt ch waste
r-aterial ~z oe rencve-j ircr tre site the Respondents shall indicate
befcrc the waste is rerrcved frcrr the site the method of disposal the
name(s) of the facilityiies) to be utilized the compliance status of
the facility(ies) to be utilized the name(s) of transporter(s) to be
utilized the method of transport for each waste and the packaging
to be utilized
d Record of Disposal The Respondents shall provide EPA
with all paperwork documenting the location of all wastes that leave
the site This shall include all temporary storage facilities that
may be utilized before the waste reaches its final destination for
disposal All wastes removed from the site will be pursuant to an
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appropriate Hazardous Waste Manifest EPAs On-Scene Coordinator
will sign each manifest relating to the Anchor Tank material so as to
indicate that EPA is the generator of the Anchor Tank material being
removed from the site For all wastes that leave the site the
Respondents will supply information to include but not be limited
to the date of arrival and departure of each waste to or from each
facility a list of all wastes in question and the signature of the
company representative who accepted the wastes in question
Additionally for any waste that is incinerated or otherwise
destroyed the Respondents shall provide certification by a company
official of the facility destroying the waste that the waste was
ndeed destroyed ard by what nethod it was destroyed
e Site Postcraticn Before final demobilization the
^espcrv-- 3 shall restore the site to an acceptable degree This
-bullill ircl-de assur-rce tl-at no trash or waste materials or equipment
associated with any rf the removal activities is left on site Any
~aterjl including soil which has not been contaminated by site
rperatiors shall be returned to its original location
2 The following activities shall also be performed by
Respondents to fulfill the objectives of the Response Action
a Work Plan The Respondents shall prepare a Work Plan
consisting of all activities and subtasks The Work Plan shall
identify all deliverables to be produced during the Work Activities
including timetables for performance of the Work Activities and
production of the deliverables The Work Plan shall identify each
previously identified waste material to be removed from the site and
the Quality Assurance and Quality Control to be used during Work
-32shy
Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
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b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
-34shy
subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
-35shy
Following revocation of CECs license the court appointed a Special
Receiver to oversee the operations at the facility Because of
financial and legal difficulties CEC was unable to continue
incinerating the remaining chemical wastes stored on site On
November 28 1980 CEC stopped all operations at the site
9 An EPA investigation at the site in July 1987 found Picric
Acid and Sodium Azide present on the site Both are shock sensitive
materials and presented an explosion hazard
10 laboratory reagerts stored in bottles on shelves inside the
laboratory inside the Equipment Building include toxic substances
(carbon tetrachlorce) acids (nitric acid) oxidizers (sodium
perci-lcrate) cyanide ccrpc-rds (sodium cyanide) and f lamables
(toljcnc) Waste carpl es -ere also stored inside the laboratory
11 Anchor TarK Lrir- irc brought and left en site two box
trailers c-rcairirg r rcirecs five (illon containers cf abandoned
parts pa- remove ^ arc ctrer tank lining material These
joa-dzro-J -aterial- lt TO Ancrraquor Tank materials) were c eked in the
trailers ra precarizjs rarrer Some containers had filler to the
floor spilling their contents while others showed signs cf
deterioration and lcalaquoage
12 Also on site are several underground tanks containing waste
materials and above ground tankers also containing waste materials
13 Based on the results of his investigations on July 16
1987 EPAs On-Scene Coordinator recommended authorization of a
removal action and on this date the Regional Administrator approved
$74745700 dollars to perform the removal action On July 29 1987
site security was established by the presence of a 24 hour guard at
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the site During August a response manager and chemist under
contract with EPA arrived en site The shock sensitive materials
were desensitized and removed from the site The EPA contractors
assembled a decontamination area cleared the equipment building of
miscellaneous debris compacted together small containers into two 55
gallon drums and collected various containers and lab samples The
containers in the Ancnor tank trailer were removed to the Equipment
building opened and screened for compatibility
V ENDANGERMENT
14 A hazard exists at the site due to the presence of
chemicals abandoned in the laboratory A threat of reaction and
release s presented ry =torpoundge in the laboratory of non-compatible
rjrpfjrj ojch as acJ= gticizers cyanide ccrrpc-rcs and fllaquorrables
n close proximity The storage in structurally deteriorating
containers of Anchor an- Linings waste materials also creates a
-rreat f fire and r-lc-are An additional threat of release arises
from the sbardcrmont - s~e cf other liquid wastes and waste
materials
VI DETERMINATIONS
15 On the basis of the findings of fact and reports cited
therein EPA has determined that
a Each Respondent is a person within the meaning of
Section 101(21) of CERCLA 42 USC 9601(21)
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b Each Respondent is a potentially responsible party with
respect to some response costs incurred in connection with the site
within the meaning of Section 107(a) of CERCLA as amended 42 USC
$9607
c Many of the chemicals found on the site are hazardous
substances within the meaning of Section 101(14) of CERCLA 42
USC 9601(14)
d The past present or potential future migration of
hazardous substances it or from the Site constitutes an actual or
substantial threat of a release into the environment as those
terns are defined in Sections 101(8) and 101(22) of CERCLA as
amended
e The actu-1 releases cr threatened releases of a
naz-ror- -ubstsnco frrT the cite nay be an irmirer and substantial
encirscrrent to the rue-lie rc-alth or welfare cr the environment
w i t h i n -he rearing f 106(c) of CERCLA 42 USC sect 960G(a)
It is -c--ssary in order to protect the -ublic health
r welfare or the env rorncnt that actions be taken to abate such
cancers and threats that ray be caused by actual or threatened
release of hazardous substances from the Site For the purpose of
this Consent Order only such actions consist of the removal
activities described in the Work Plan set forth in Attachment A
hereto
g Respondents by undertaking the work activities pursuant
to this Consent Order and Attachment A will not have owned cr
possessed the Anchor Tank materials within the meaning of Section
107(a)(3) of CERLCLA as amended accordingly Respondents are not
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responsible parties within the meaning of Section 107 of CERCLA
with respect to the Anchor Tank materials and any response costs
which have been or may hereafter be incurred in connection with said
materials at any disposal or treatment facility to which Respondents
deliver said materials pursuant to this Consent Order s
VII ORDER
16 EPA hereby orders and agrees and Respondents without
admission of any issue of fact or law and in accordance with
Respondents Reservation of Rights as provided in paragraph 43
heresy agree that Respondents shall perform the activities set
forth in Attachment A These activities shall be conducted
pursuit o this Consent Or-Jer and shall be consistent with
CERCLA pound ar-erdec ry SARA ard the XCP If any inconsistencies
between ary cf the uocve laws cr regulations CERCLA as amended
shall 73VCTT Resp bull Jer-rG ncrce that they will conduct all
jct~s cescribec h s Ccnreit Order properly and accc rdirCj to
its terns ad the screcjlcs ^et forth herein
17 EPA Over siST1 It is hereby further ordered and
Respondents further agree that the Respondents shall reimburse the
Hazardous Substances Superfund for any cost consistent with CERCLA
and the NCP incurred by EPA including analytic cost under or in
connection with a contract or arrangement between EPA and a
qualified person to assist EPA in overseeing and reviewing the work
activities set forth in Attachment A to be performed by_ Respondents
provided however that Respondents shall not be obliltited pursuant
to this consent order to reimburse EPA for such rversight coss in
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excess cf S [to be 15 of bid price for the removal work excluding
activities in connection with the Anchor Tank materials] cr fifteen
percent (15) of Respondents costs incurred in the performance of
the removal activities unrelated to the Anchor Tank Materials
whichever is greater EPA agrees to notify Respondents of its
intention to enlarge or materially change the scope andor costs of
EPAs planned oversight activities and to provide Respondents with an
opportunity to discuss with EPA any such changes At the conclusion
cf the activities to be conducted under this Order ZPA will submit
to Respondents an accc-rtirc cf all oversight costs incurred by the
US government with respect to this Consent Order Subject to the
dispute resolution prcvisicn as provided in paragraph 30 herein
espc-dc-- shall bull-bull-r n 20 calendar days of receipt of that
jcc-nt bull= remit ^ co t ic-j c eck for the amount of those costs
-ade ray-cle to the bullbullbullJr~z r-bstance Superfunu Checks shall
pecif itally ref erc-nco bull ne identity of tie Site and be addressed to
US r-v r-crtul Protection Agency Hazardous S-ostances Supcrfurd PO Box 2710C3 V Pittsburg- PA 15251
A copy cf the transmittal letter shall be provided to the EPA Project
Coordinator
18 Observation of Respondents Field Activities Subject to
Respondents right to access to the Site as provided in paragraph 21
herein Respondents shall allow EPAs Project Coordinator and other
EPA employees agents consultants contractors and authorized
representatives to enter and move about the Site at allreasonable
times including but not limited to any time that work is being
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carried out pursuant to this Consent Order for the purpose of
inspecting and observing progress in implementing the activities
pursuant to this Concent Order and for the purpose cf verifying the
data submitted to EPA Respondents shall permit such persons to
record ail field activities by means of photographic or other
recording equipment and to inspect and copy all records documents
and other writings which in any way pertain to work undertaken
pursuant to this Consent Order
19 Engagement cf a Response Action Contractor Within seven
(7) cays of the effective date of this Consent Order Respondents
shall engage a qualified and experienced Response Action Contractor
(Contractor) to perform the removal activities set forth in the
Sccce cf Acr (Attac--r-rt A) All work performed by said Contractor
pur-_jrt bull this Ccrj bullbullbull-_ Orcic- shall be under the general direction
and cpervision of a bull_ lificc professional with expertise in
raz^rdc-js waste site -vest ijjtion and clean-up The contractual
lt=G- -r-ert etween bull-bullc-J-ib ^nd the Contractor shall require the
Ccr-ractcr as a cere it r- successful performance of the contract
to perform the Work Activities consistent with the provisions cf this
Consent Order Written notice of the engagement of the Contractor
shall be provided to EPA within five (5) days of such engagement and
a copy of the Respondents contract with the Contractor including a
statement of qualifications and identification of project personnel
shall be provided to EPA at that time Respondents shall notify EPA
regarding the identity and qualifications of any additioial
subcontractors and their key personnel at least fcurteen (14) days
prior to the Subcontractors commencement of Site work EPA shall
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have the right to disapprove based upon professional qualification
any Contractor or person engaged by Respondents to conduct Activities
under this Consent Order
20 Designation of Project Coordinator Seven (7) days after
the effective date of this Consent Order EPA and Respondents shall
each designate their own respective Project Coordinator Each
Project Coordinator shall be responsible for overseeing the
implementation of this Consent Order Any permanent change in the
designated Project Coordinator of either EPA or Respondents shall be
accomplished by sendiro written notice to either party The absence
of the EPA Project Coordinator from the Site shall not be the cause
for the stoppage of worlt unless the EPA Project Coordinator specifies
wcrlt o be jcccrpiiir--i inly when he or she is present
21 Site Accr- To -he extent that this Consent Order
requrr-- access to p~rerty ether than that already owned by the
esc-Jc-t j the Peso- ientc shall use their best efforts to obtain
ste jccoiis agreeron - rrcrr -he owners cf the Site ard any other
property wnich is ncccr-ry to successfully perform the activities
described ir this Consent Order within ten (10) cays after the
execution of this Consent Order by all parties Such agreements
shall provide to EPA its designated coordinator and its agents
employees authorized representatives and contractors reasonable
access to the Site for the purpose of overseeing Respondents
implementation of this Consent Order In the event that Respondents
conclude they are unable to obtain a necessary site access agreement
within the referenced time Respondents shall immediately notify EPA
in writing and shall include in such notification a description of
-11shy
che efforts made by Respondents to obtain the necessary access and
the reasons for their inability to obtain such access A delay in
performance of the Removal Activities which results from the
inability to secure such site access shall constitute an excusable
delay for the purposes of paragraph 32 if the cause of such inability
is not within the control of Respondents
22 Creation of Danger Upon obtaining information concerning
the occurrence of any event during the Removal Activities that causes
or threatens a release of hazardous substances from the Site or that
threatens public health welfare or the environment Respondents
snail notify within twenty-four (24) hours the EPA Project
Coordinator or in the event of his or her unavailability shall
notify wthin the sarro -werty-f cur (24) hour period the Ererccncy
Sest-orDe rit 3egr United States Environmental Protection
Agency -etting forth bull re events that occurred and the measures taken
and 10 bo -^ken if appr - pr e to mitigate any harrr caused or
nreat-bullo-j by the event raquo-d to prevent the reoccurrence cf such an
event Respondents crall have no obligations under this Order to
jndertake reasures to rritigate any such event not related to their
performance of the Removal Activities Regardless of whether or not
such a report is made to EPA if EPA determines that activities
undertaken in connection with this Consent Order have caused or may
cause a threat to on-site personnel or to the public health or
welfare or to the environment EPA may (a) order Respondents to stop
further implementation of this Consent Order for such period of time
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as may be needed to abate any such release or threat anderr (b)
undertake any actions which EPA determines are necessary to abate
such threat
23 Availability of Data Respondents shall submit to EPA the
results of all sampling andor tests and all other data generated by
Respondents by the Contractor or on Respondents behalf in the
course of implementing this Consent Order in its Progress Reports or
other Reports as described in the Work Plan or in this Consent Order
24 Record Preservation Respondents shall preserve during
tre pendency of this Consent Order and for a period of net less than
six (6) years after ecrrpletirg the work required by this Consent
Order all records arc icc--erts in their possession cr in the
c jsres rr f their ccucrse Action Contractor which relate in any
-ay z -bullbullgt --rfcrrar -ltbull i-e vork Plan cr this Consent Crccr
rotw irct-rcirg any cc-rc-i retention policy to the contrary After
bull nis - bull bullbull= perirj Pospc- Jc-its nay request in writing perrrisjion
bull jeer_y -ry sucr bullbull-bullgtrcc r docurrcr^3 This requort shall be
accrc-rci by a eery iris Consent Order and shall be rent by
certified rail return receipt requested to the following address
Robert A DiBiccaro Acting Regional Counsel (or the current Regional Counsel) US Environmental Protection Agency JFK Federal Building Rm 2203 Boston Massachusetts 02203
Within sixty (60) days of receipt of a request by Respondents to
destroy any or all such records or documents EPA will notify
Respondents whether such request has been granted or denied If EPA
denies such request Respondents shall make available to EPA such
-13shy
records and documents or copies of any such records and documents and
all obligations of Respondents to preserve records pursuant to this
Consent Order shall cease EPAs failure to respond to Respondents
request within the time period specified herein shall be deemed an
approval of said request and all obligations of Respondents to
preserve records pursuant to this Consent Order shall cease
Notwithstanding the terms of this paragraph Respondents do not waive
their rights to assert any privileges which may be applicable to such
records and documents
25 Place and Varrer of Notice Communications between
Respondents and EPA and all documents including reports approvals
disapprovals written rctices and other correspondence to be
suomitted- pursuant - rris Ccrsent Order shall be sent by certified
raI return receipt bull queste-J or by courier to the Project
Coordinator at the ll_wirg address or such other addresses as
Respcrde-gt13 cr EPA gtro-fttr ray designate in writing
a Docurc--j three ccpies) to be submitted to EPA should
oe cct to
Ricnard Haworth EPA On-Scene Coordinator US Environmental Protection Agency New England Regional Laboratory 60 Westview Street Lexington MA 02173
and one copy to
Wayne M Robinson EPA Remedial Project Manager US Environmental Protection Agency Waste Management Division JFK Federal Building HSN Boston MA 02203
-14shy
b Documents (three copies) to be submitted to Respondents
should be sent to
(name and addresses of Respondents contractors)
26 Necessity of Formal Approval No informal advice
guidance suggestions or commerts by EPA regarding reports plans
specifications schedules or any other writing submitted by
Respondents shall be construed as relieving Respondents of their
obligation to obtain such formal approvals as may be required by this
Consent Order
27 Procedure for Sbrssicn of Deliverables to EPA All
deiiveraoles identified in Attachment A for submittal to EPA shall be
so delivered to EPA in accordance with the Schedule set forth in the
Scope -f Work Prior -0 receipt of final EPA approval any report
bullbullJDTbullbullbullbull to EPA for ipprvl shall be rarked Draft on each page
arc jr-all include n a prc~irent location in the document the
follcwir- isciarcr Thib Document is a DRAFT which has not
recebullbullbullbull-bull iral EPA -ppr --I EPA will review Reports in accordance
wtn pa-rcpns 28 ne Consent Order
28 Procedure fr Review Revision and Fiial Approval of
Reports All deliverables identified in the Scope of Worn
(Attachment A) and this Consent Order for delivery to EPA (Reports)
shall be so delivered to EPA in accordance with the schedules set
forth in the Scope of Work and this Consent Order EPA will review
the Reports to determine whether they are consistent with the
requirements of the Scope of Work and Work Schedule and this Consent
Order If EPA determines that revisions to a Report are necessary
EPA will notify Respondents of EPAs requested revisions and the
-15shy
parties will expeditiously confer to discuss such requested
revisions Respondents shall thereafter submit a draft of the
revised Report in accordance with a schedule for revision set by EPA
which is reasonable considering the nature and extent of the proposed
revisions and the time period which was initially available for
Respondent to produce an acceptable report If Respondents fail to
submit such a revised Report within the specified schedule the
provisions of paragraph 30 may be invoked by any party to this
Consent Order
29 Xodificatinn ~pound Consent Order and Scooe of Wrrk This
Consent Order may only oe -edified upon the written agreement of both
EPA by signature cf Seniorsal Administrator and the Respondents
The jpprcvec ork l^r -ay to -edified by Respondents eriy upon
written crc-orent rT ~y tre signature of the Massachusetts
Section Chief and ltbullrdc-rt3 except that if CERCLA or the NCP are
ane~Jed prur to trlt bull-bullbullbullr t f c t ion of the Respondents worlt
a c t i v i t i e s is prcvij- 3 - paragraph 39 EPA nay request a
modi f icaticr to the -bullbull lax cr develop new Work Plans but only to
the extent expressly rec-jired pursuant to said amencrents of CERCLA
or the NCP Respondents assent to such a request for modification
shall not be unreasonably withheld
30 Dispute Resolution If the Respondents object to any EPA
notice of disapproval or decision made pursuant to this Consent
Order the Respondents shall notify EPA in writing of its objections
within ten (10) days of receipt of the decision EPA and the
Respondents have seven (7) days from the receipt by EPA-of the
notification of objection to reach agreement If agreement cannot be
-16shy
reached on any issue within this seven (7) day period EPA shall
provide a written statement of its decision to the Respondents
Respondents shall commence implementation of the activities required
by the EPA decision within five (5) days of receipt of the decision
In the event that the Respondents do not implement the activities
required by the EPA dt-ision the EPA Regional Administrator may take
such civil enforcement action against Respondents as may be provided
by statutory or equitable authorities including but not limited to
the assessment of such civil penalties or damages as are authorized
oy Sections 106(b)(l) and 107 (c) (3) of CERCLA as amended
31 Delav in Perf^rmancStipulated Penalties For each day
that the Respondents fail to comply with any time deadline estashy
oiioned pursuant to TS Consent Order the Respondent shall pay the
jjrrs -ot rtn belcw _ -t_ted penalties
Per cf Fail rraquo ~- Ct-plv Penalty Per Dav
1st - 7th bull-- $ 2500 8th - 15th y lOOOGi eacr ~ay th--r- -rr 400000
Any pound-cn -enalty sn^ll lt Jj- and payable within ten ilO) cays cf the
receipt cf a written demand by EPA Payment of any such penalty
shall be made by certified crecK payable to the Hazardous Substances
Superfund and mailed to the following address with a notation of the
docket number of this Consent Order
US Environmental Protection Agency Hazardous Substance Superfund P 0 Box 371003 M Pittsburgh PA 15251
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Notice that such payment has been made shall be provided in writing
to the EPA Project Coordinator The stipulated penalties set forth
in this section do not preclude EPA from electing to pursue any other
remedies or sanctions which may be available to EPA by reason of the
Respondents violation of this Consent Order or the Respondents1
failure or refusal to comply with any of the requirements of this
Order except that EPA agrees that all civil penalties for failure to
comply with the time requirements established pursuant to this
Consent Order shall be limited to the amounts calculated under this
paragraph If Resporccrtr pay stipulated penalties for a specified
period of time for late ccrpliance and EPA subsequently recovers
additional fines cr penalties for the same period of late compliance
r court the fines ard pe- 11 es shall be reduced by the arount of
tre 5tp l-iec peral c-s r~- -degr that period of late corrpliamprce
32 Excuses fr ~lpoundv~ n Perfornaree With respect to
Sespcrcc-tc corcpli -ce wit jny interim or final time deadline set
fcrtr - tris Consent ltpoundbullbull including any iTpierrentatior scnecjles
ccr cai eo in plans ^prvcJ Lv EPA pursuant to paragraph 28 and with
respect to the penalty provisions of paragraph 31 no stipulated
penalties or other sanctions will be imposed for delay directly
caused by the following which could not have been overcome by
Respondents due care (i) any act of God (ii) any Order issued to
Respondents by EPA under the provisions of paragraph 22 provided
that such delay did not arise as the result of the performance of the
Removal Activities (iii) any delay which results from failure to
secure access to the Site if the cause of such failure is not within
the control of Respondents (iv) any delays caused by EPAs failure
-18shy
to complete in a timely manner its review of plans and reports (v)
any delay experienced by the operation of the dispute resolution
procedure set forth herein and (vi) any other cause beyond the
control of Respondents provided however that increases in the cost
of performance of the removal activities shall not excuse such
performance nor affect the applicability of the penalty provisions
andor other sanctions which are provided for under this Order Such
penalties and sanctions shall be avoided only if and only to the
extcrt that such delays rratcrially interfered with or prevented
Respondents executor of their responsibilities during the period of
sucr delay Respondents shall notify EPA within twenty-four (24)
hours ir the event -hat circumstances occur which Respondents assert
snc-lu rccr the -xcu-e provisions cf this paragraph and shall
oert fy bullraquo vr spec y -bull cause or causes of such delay and the
estrat-jj J-jratior -cr Jc-liy Failure to notify EPA shall result
r - waivo Resp- j- -t right to assert that the delay should be
egtcbullbullbull L -ccr -he bullbullbullbull-- -ris paragraph Jpon receipt cf such
rot ic^i cr EPA wll -iotc-rTiie whether the delay is appropriately
exc-icd jrcer this parucraph and shall soon notify Respondents
Respondents further agree to use their best efforts to minimize any
delay which may result Respondents acknowledge that they will have
the burden of justifying excuses for delay in performance under this
paragraph
-19shy
33 Waiver of Settlement Conference In consideration of the
conununi cat ions between EPA and Respondents prior to the issuance of
this Consent Order concerning its terms Respondents hereby agree
that there is no need for a settlement conference prior to the
effective date of the Consent Order
34 Civil Penalties for Non-Compliance Respondents are
advised that except as provided by paragraph 32 of this Order if
Respondents violate or fail or refuse to comply with this Consent
Order or any portion tf-oreof EPA reserves its rights pursuant to
Sections 106(b)(l) and 107(c)(3) of CERCLA as amended with respect
to the imposition of civil penalties and punitive damages
35 Confidentiality Clairs Respondents may assert a
confidentiality clair if appropriate covering all or part of the
nf crrat en request- J LY bull_- is Consent Order pursuant to 40 CFR
2203(L) Such an ace-er en shall be adequately substantiated when
bullhe deserticn is rrj-co eitr9r analytical data nor any information
poundccfc-j in Sectin 1 - lt- ) bull 7 ) ( F cf CERCLA as amended by SARA
snail oe claimed is c- ideniial by Respondent Information
determined to be confidential by EPA shall be afforded the protection
specified by 40 CFR Part 2 Subpart B and in Section 104(e)(7) of
CERCLA as amended by SARA If no such claim accompanies the
information when it is submitted to EPA it may be made available to
the public by EPA without further notice to Respondents
36 Liability of Respondents Response Action Contractor The
Response Action Contractor in connection with the activities set
forth in Attachment A hereto shall not be liable under -CERCLA or
under any other federal law to the United States Government for costs
-20shy
or damages which result from a release or threatened release of
hazardous substances or pollutants or contaminants provided that such
releases rr threatened release was not caused by conduct of the
Response Action Contractor which was negligent grossly negligent or
which constituted intentional misconduct Said Response Action
Contractor shall have the burden of demonstrating that such conduct
was not negligent grossly negligent or did not constitute
intentional misconduct Nothing in this paragraph shall affect the
liaoiiity of any person under any warranty under federal state or
corruTon law
37 Incernnif icat icn Respondents agree to indemnify and save
arc hole rarriess the Jrtec States Government its agencies
jep bull--bullbullbull z agens ffcerrgt employees and representatives from
jry -c ciairs r --bullbull_ f action arising from or cr account of
acts r -lesions z gtcc----z their officers employees agents
-bullco vo - bull r-jsteei i2s--_ r contractors in carrying cut the
-ct bullbullbull- L^rsuant bull bull rs -rpoundent Order
38 eccvery bull Cs ~ EPA reserves the right to bri-c an
action acairst Respcrcert pursuant to Section 107 of CERC1A for
recovery of costs incurred in oversight consistent with paragraph 17
herein administration and enforcement of this Consent Order and
any other past and future costs incurred by the United States
Government in connection with response activities conducted pursuant
to CERCLA at this Site
39 Certification of Respondents Performance of the Work
Activities Upon receipt by EPA of notice from Respondents that
they believe they have satisfied their obligations under the Work
-21shy
Plan and this Consent Order EPA shall determine if Respondents
have met all of their responsibilities under the Work Plan and
under the provisions cf this Consent Order Within twenty-one
(21) days after receipt of said notice EPA will either (a)
provide Respondents with a statement of all of their
responsibilities which EPA believes are still outstanding or (b)
certify to Respondents that their responsibilities under the Scope
or Work and under the provisions of this Consent Order have been
cotrpleteiy and successfully discharged and that the work performed
by Respondents pursuant to this Consent Order and the Scope cf
Aorlt is consistent with the NC
bull10 Covenant Sst to Sue and Contribution Protection In
ccroicerat cr of and pcr certification by EPA that Respondents have
ccTplc-toly Jird succ-r i^lly d5charged their responsibilities under
ti-e -or- Plan and j-J^r the provisions of this Consent Order as
provided -or in parr ph 33 herein EPA covenants not to s-e
Rerc rdct3 n any bdquobull v 1 cr viririst rat ive action for the performance
cf tre vcrK Plan bull v jec rcwcvcr such covenant not to sue does
not extend to any ether liabilities that may be associated with the
Site including but not limited to any other response actions that
have been or may be undertaken at the Site This covenant not to sue
becomes effective upon the issuance by EPA of the certification
provided in paragraph 39 Nothing in this paragraph shall preclude
EPA from enforcing the provisions of this Consent Order in any
judicial or administrative proceeding It is the intention and
understanding of the parties to this Consent Order that the
-22shy
protection from contribution claims as provided by Section 113(b)(2)
of CERC1A as amended applies to any claim with respect to
performance of the activities pursuant to the Work Plan
41 Credit for Expenditures made pursuant to this Order
A Upon certification that Respondents have discharged
their responsibilities pursuant to the Work Plan and under the
provisions of this Consent Order Respondents shall present EPA with
an accounting of (1) all costs incurred consistent with the NCP in
deveioprert of the Work Plan and in performance of the Work Plan and
the other activities required by this Consent Order those costs will
oe segregated into two categories costs specifically associated with
bullr-e Arcror Tank Materials and all other costs and (2) the amounts
paid by -acr Pespcrdc-rr n connection therewith EPA agrees that
bullaiJ gtbull_bullbull rall no rjt i bull--bull a penalty paid by the Respondents
3 With bull-bull_bull (20) cays of receipt of such accounting
~A w i l l approve all --sts jccr-nted for by Respondents which are
orr2-t with =uup jrapr -(I) (Approved Consent Order Costs)
per z^cr approval ~A ^are-_3 to reduc-3 the amount of response costs
wnich it will seek to recover from Respondents pursuant to CERCLA or
otherwise in connection with the Site according to the following
formula said response costs shall be reduced by the Approved
Consent Order costs incurred in performing the work activities
associated with the Anchor Tank materials and by the amount resulting
from multiplying the Approved Consent Order Costs other than those
associated with Anchor Tank Materials times the quantity one minus
the result of dividing the aggregate volume of the Respondents waste
by the total volume of waste sent to the Site The volumes for these
-23shy
calculations shall be taken from the Volumetric Sank List attached as
Appendix 3 to the Administrative Order by Consent Docket No
at the time of publication in the Federal Register
C In the event that any Respondent otherwise receives
credit for Approved Consent Order Costs through settlement or
litigation the credit amount calculated under subparagraph (b) for
all Respc-dents shall be reduced by the amount of the credit received
through these other channels Moreover this paragraph shall in no
way limit or affect EFAs right to seek joint and several liability
against Respondents in any court action for all damages arc ether
costs incurred or to be incurred by EPA at the Cannons Engineering
Corporation Site This reduction in EPAs response costs with
respect - the Site -rail affect only recovery of response costs from
-r-e rc-cp-T-i--nts arc r l iv -o way affect the right cf EPA to seek
cint and -everai l i a b i l i t y JPC recovery of all resporse costs from
potentially respcrciLlo parties other than Respondents
42 PAs Re-laquobullbullbullbullbullbull-bull -- -f Richts EPA expressly reserves all
tre right- and defevcvs tra- it may have including EPAs right to
disapprove of work prforrcd by Respondents and to request that
Respondents perform tasks in addition to those detailed in this
Consent Order In addition EPA reserves the right to undertake
removal andor remedial actions at any time and to perform any and
all portions of the Work Activities which Respondents have failed to
perform properly provided however that EPA agrees to use its best
efforts to avoid duplication of Respondents activitiesunder this
Order Except as otherwise limited by paragraphs 31 and 32 EPA
reserves any and all rights to take any enforcement action pursuant
-24shy
to CERCLA as amended by SARA andor any available legal authority
This Consent Orde- does not constitute any decision on the
preauthorization of funds under Section lll(a)(2) of CERCLA as
amended by SARA
43 Respondents Reservation of Rights The participation by
Respondents in entering into and carrying out the terms of this
Consent Order shall rct be considered an admission of liability for
any purpose Nor shall such actions or participation by Respondents
constitute a commitrort or agreement either express or ixpiied to
undertake further activities at the Site other than these necessary
to perferr the Remcvcl Activities in accordance with the Work Plan
and rris Ccnsent Order or to undertake any remedial actions at the
Site r-ctwi thstandir -ry finding conclusions or reccn-Terdat ions
-ace - crrecticn ~-- performance of the Work Plan Except as
exprezly ret fortr - trie Consent Order Respondents reserve all
rcr= -rey r-_ have- -o opprre or defend against any action or claim
o r c ~ r t j
bull ther Clbull mdash Nothirg in tris Consent Order snail
constitute or be ccrstrucd as a release or a covenant not to sue
regarding any claim cause of action or demand in law or equity
against any person firm trust joint venture partnership
corporation or other entity not a signatory to this Consent Order for
any liability it may have arising out of or relating in any way to
the generation storage treatment handling transportation
release or disposal of any hazardous substances hazardous wastes
pollutants or contaminants found at taken to or taken from the
Site EPA shall not be liable for any injuries or damages to persons
-25shy
or property resulting from actions or omissions of Respondents in
carryinc out the activities pursuant to this Consent Order nor shall
EPA be held as a party to or in any other way liable under any
contract entered into by Respondents or by the Response Action
Contractor in carrying out the activities pursuant to this Consent
Order Except as otherwise herein set forth or agreed this Consent
Order shall not estop or limit any legal or equitable claims of the
United States against Respondents their agents contractors or
assigns including but not limited to claims related to releases of
hazardous substances gtr other pollutants or contaminants
45 Other laws All actions required to be taken pursuant to
-his Consent Order snail be undertaken in accordance with the
recjirererts of all appi icabl-e state and federal laws and regulashy
ticrs rcl-cirg laws rolatira to occupational safety and health and
ctrer federal envi r rctul laws as defined in current EPA policy
Otfer agencies nclJc -he Occupational Safety and Health
-crir 12 ration lOSi- -rd bull e fish and Wildlife Service (FiWS) may
oe called jpon to rev-- rc ccndjct of work under this Consent
Order In the event ihat there is a conflict in the application of
federal or state laws cr regulations the more stringent of the
conflicting provisions shall apply
46 Notice to the State Pursuant to the requirements of
Section 121(f) and 104(b)(2) of CERCLA as amended by SARA EPA has
notified the Commonwealth of Massachusetts of the scope of the
Response Action the negotiations with the potentially responsible
parties and of the issuance of this Consent Order
-26shy
47 Notice to the Federal Natural Resource Trustee Pursuant
to Sections 122(j) of SARA EPA has notified the Federal Natural
Resource Trustee of the scope of the Response Action the negotiation
with the potentially responsible parties and of the issuance of this
Consent Order
48 Separate Documents This Consent Order may be executed in
two or more counterparts each of which shall be deemed an original
but all of which together shall constitute one and the same
instrument
49 Effective Dare This Consent Order shall be effective upon
the date cf Respondents1 receipt of notice of signature by the
Seccrai Administrate- All times for performance of activities
jrcer -5 Consent Crder shall be calculated from that date
IT S SO AJPEID AND 3IRID iV
bullcr-e P leiarc Date
-27shy
IT IS SO AGREED
Name of Respondent ACUSHNET COMPANY
By Dale M Shenk Vice President and Controller
Title
January T 8 8 Date
-28shy
IT IS SO AGREED AMERICAN C^AMID COMPANY
Name of Respondent
By A JsJ Costello
Executive Vice President Title
bulljruary 1D3S Date
-28shy
IT IS SO AGREES
AMERICAN NATIONAL CAN CORPORATION Name cf Respondent
By S1U4uJ [ampJUULL~-~AT LAW
JAMES BALLS bull_
Title
JAMASY 7Date
198B
laquo By his signature hereon Janes Seller certifies that he has authority to bind Respondent to the terms of this agreement
-28shy
IT IS SO AGREED
ATampT Technologies Inc Name of Respondent
By ATampT-Engineering Vice President
Title
Date
-28shy
0 A
IT IS SO A G R E E D
Name of Respondent
By John L Fox
General Manager Title
January 6 T968 Date
-28shy
IT IS SO AGREED
Name of R e s p o n d e n t ^-
CHAMBERLAIN MANUFACTURING CORPORATION
By
General Co Title
Jaruar- D a t e
1988
-28shy
IT IS 60 AGREED
Name of Respondent ^ t~poundr llS^eL
Byj Richard Barth
Preeident fc Chief Executive Officer Title
CIBA-GEIGY corporation January 6 1988
Date
-28shy
IT IS SO AGREED
Name of Respondent Earthline Company fsCA
By
Authorized Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent FAIRCHILD SEMICONDUCTOR CORPORATION
By C R Bostic
Its Representative Title
January 4 1986 Date
-28shy
IT IS SO AGREED
Name of Respondent Franklin Pumping Service Inc
By
J I J (President)
1788 Date
-28shy
IT IS SO AGREED
Name of Respondent General Dynamics Corporation
By
Daniel S Hapke Assistant General Counsel T i t l e
4 January 1988 Date
-28shy
IT 18 SO AGREED i
of Ropondtnt
By
-28shy
In the Matter of Cannons Engineering Corporation Administrative Order by Consent
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
Hoechst Celane^e Corporation
Heinz X HofmeistermdashVice President Title
-28shy
IT IS SO AGREED
Name of Respondent HoffaeM-La Bocht Inc
By EB Anderson Senior Viet Prttident
Title
-28shy
P3 ICIO UflWDGFT GO JMN 0 8
XT IS SO ACREEDi
of Respondent rrt
bullyi
Jlflua r v 7 shym
IT IS SO AGREED
Name of Respondent Interex^Corporation
By
Authorized Axteht Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent
By
January 13 1988 Date
Millipore CorporationWaters Associates
Senior Vice President Title
-28shy
Cannons Engineering Corporation Administrative Order by Consent Bridgewater Removal Action
IT IS SO AGREED
Name of Respondent MONSANTO COMPANY iIs
Ishy t- r S S rr- -w ~
By
ff Title
Dote
-28shy
E00 3pound
IT IS SO AGREED
Name of Respondent
By
-IVCL
pound1
Title
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
POLAROID CORPORATION
VICE PRESIDENT AND SECRETARY Title
-28shy
IT IS SO AGREED
Name of Respondent Re eyeling Industries Inc
By
Authorized Agent title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent TECH- gTCM
By
Title
Date
-28shy
ATTACHMENT A
BRIDGEWATER CANNONS ENGINEERING CORPORATION SITE CONSENT ORDER WORK PLAN
I Introduction and Purpose
The purpose of this Consent Order Work Plan is to identify
response actions to be taKen by Respondents of the Site pursuant to
the foregoing Consent Order
I1 Scooe of Work
1 The following are the removal activities required by the
Consent Order
a Renov3- cf XTas-cs The following waste materials shall
oe roTcvo^ frcn the jte poundrd properly disposed of in accordance with
ail applj^oie erv r crrort1 laws and regulations
apprcxirrateiy 400 five-gallon pails containing
waste -atoral from inside the Equipment Building
This -aterial was previously located irsice the box
trailers
approximately 400 less than five-gallon pails which
have had the contents removed into two 55-gallon
drums
approximately one drum full and one drum 34 full
which were generated from the emptying of the above
mentioned less than five-gallon containers
-29shy
approximately 350 containers of laboratory reagents
which were abandoned in the laboratory inside the
Equipment Building
a container approximately one pint in volume
containing an unknown liquid which is considered to
be shock sensitive and will be treated as such
one five-gallon pail of bulked laboratory samples
one three-gallon pail of bulked laboratory samples
approximately 1000 gallons of aqueous waste
material contained in above-ground storage
containers which include less than 10 partially
filled druTs one dumpster and one tank trailer
appr- xiTately 25000 gallons of aqueous waste
material crrtained in the underground tanks
app r bull IT -ic-ly 500 gallons of waste oil determined
to contain a CB content of less than 2 parts per
appr c bull irrately two 55 gallon drums of materials
scraped from trailer bottoms
approximately two 55 gallon drums of contaminated
sorbent material from the equipment building floor
contaminated soil from opening area not to exceed
20 cubic yards
one 55 gallon drum approximately three-quarters
full of contaminated lab water from on-site
laboratory used during initial EPA removal
activities and
-30shy
approximately seventy-five 30 gallon garbage bags
containing contaminated protective clothing and
sampling implements
b Transportation of Wastes All of the above-described
wastes will be transported in accordance with all applicaole laws and
regulations including but not limited to all Department of
Transportation (DOT) regulations Additionally all containers
shipped off site and all vehicles carrying these containers will be
properly and completely labeled and placarded in accordance with all
applicable laws and regulations
c Disposal cf Wastes The Respondents shall make all
arrangerents necessary 10 accomplish the proper disposal of all of
the ebcve-cescribed wastes This shall include making available
disprsol perscrrel frr- -e selected disposal facility as needed to
ass-re hat the pack- J-TC snipping methods used meet the disposal
f a c i l i t y specifications f~r acceptance of wastes For elt ch waste
r-aterial ~z oe rencve-j ircr tre site the Respondents shall indicate
befcrc the waste is rerrcved frcrr the site the method of disposal the
name(s) of the facilityiies) to be utilized the compliance status of
the facility(ies) to be utilized the name(s) of transporter(s) to be
utilized the method of transport for each waste and the packaging
to be utilized
d Record of Disposal The Respondents shall provide EPA
with all paperwork documenting the location of all wastes that leave
the site This shall include all temporary storage facilities that
may be utilized before the waste reaches its final destination for
disposal All wastes removed from the site will be pursuant to an
-31shy
appropriate Hazardous Waste Manifest EPAs On-Scene Coordinator
will sign each manifest relating to the Anchor Tank material so as to
indicate that EPA is the generator of the Anchor Tank material being
removed from the site For all wastes that leave the site the
Respondents will supply information to include but not be limited
to the date of arrival and departure of each waste to or from each
facility a list of all wastes in question and the signature of the
company representative who accepted the wastes in question
Additionally for any waste that is incinerated or otherwise
destroyed the Respondents shall provide certification by a company
official of the facility destroying the waste that the waste was
ndeed destroyed ard by what nethod it was destroyed
e Site Postcraticn Before final demobilization the
^espcrv-- 3 shall restore the site to an acceptable degree This
-bullill ircl-de assur-rce tl-at no trash or waste materials or equipment
associated with any rf the removal activities is left on site Any
~aterjl including soil which has not been contaminated by site
rperatiors shall be returned to its original location
2 The following activities shall also be performed by
Respondents to fulfill the objectives of the Response Action
a Work Plan The Respondents shall prepare a Work Plan
consisting of all activities and subtasks The Work Plan shall
identify all deliverables to be produced during the Work Activities
including timetables for performance of the Work Activities and
production of the deliverables The Work Plan shall identify each
previously identified waste material to be removed from the site and
the Quality Assurance and Quality Control to be used during Work
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Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
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b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
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subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
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the site During August a response manager and chemist under
contract with EPA arrived en site The shock sensitive materials
were desensitized and removed from the site The EPA contractors
assembled a decontamination area cleared the equipment building of
miscellaneous debris compacted together small containers into two 55
gallon drums and collected various containers and lab samples The
containers in the Ancnor tank trailer were removed to the Equipment
building opened and screened for compatibility
V ENDANGERMENT
14 A hazard exists at the site due to the presence of
chemicals abandoned in the laboratory A threat of reaction and
release s presented ry =torpoundge in the laboratory of non-compatible
rjrpfjrj ojch as acJ= gticizers cyanide ccrrpc-rcs and fllaquorrables
n close proximity The storage in structurally deteriorating
containers of Anchor an- Linings waste materials also creates a
-rreat f fire and r-lc-are An additional threat of release arises
from the sbardcrmont - s~e cf other liquid wastes and waste
materials
VI DETERMINATIONS
15 On the basis of the findings of fact and reports cited
therein EPA has determined that
a Each Respondent is a person within the meaning of
Section 101(21) of CERCLA 42 USC 9601(21)
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b Each Respondent is a potentially responsible party with
respect to some response costs incurred in connection with the site
within the meaning of Section 107(a) of CERCLA as amended 42 USC
$9607
c Many of the chemicals found on the site are hazardous
substances within the meaning of Section 101(14) of CERCLA 42
USC 9601(14)
d The past present or potential future migration of
hazardous substances it or from the Site constitutes an actual or
substantial threat of a release into the environment as those
terns are defined in Sections 101(8) and 101(22) of CERCLA as
amended
e The actu-1 releases cr threatened releases of a
naz-ror- -ubstsnco frrT the cite nay be an irmirer and substantial
encirscrrent to the rue-lie rc-alth or welfare cr the environment
w i t h i n -he rearing f 106(c) of CERCLA 42 USC sect 960G(a)
It is -c--ssary in order to protect the -ublic health
r welfare or the env rorncnt that actions be taken to abate such
cancers and threats that ray be caused by actual or threatened
release of hazardous substances from the Site For the purpose of
this Consent Order only such actions consist of the removal
activities described in the Work Plan set forth in Attachment A
hereto
g Respondents by undertaking the work activities pursuant
to this Consent Order and Attachment A will not have owned cr
possessed the Anchor Tank materials within the meaning of Section
107(a)(3) of CERLCLA as amended accordingly Respondents are not
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responsible parties within the meaning of Section 107 of CERCLA
with respect to the Anchor Tank materials and any response costs
which have been or may hereafter be incurred in connection with said
materials at any disposal or treatment facility to which Respondents
deliver said materials pursuant to this Consent Order s
VII ORDER
16 EPA hereby orders and agrees and Respondents without
admission of any issue of fact or law and in accordance with
Respondents Reservation of Rights as provided in paragraph 43
heresy agree that Respondents shall perform the activities set
forth in Attachment A These activities shall be conducted
pursuit o this Consent Or-Jer and shall be consistent with
CERCLA pound ar-erdec ry SARA ard the XCP If any inconsistencies
between ary cf the uocve laws cr regulations CERCLA as amended
shall 73VCTT Resp bull Jer-rG ncrce that they will conduct all
jct~s cescribec h s Ccnreit Order properly and accc rdirCj to
its terns ad the screcjlcs ^et forth herein
17 EPA Over siST1 It is hereby further ordered and
Respondents further agree that the Respondents shall reimburse the
Hazardous Substances Superfund for any cost consistent with CERCLA
and the NCP incurred by EPA including analytic cost under or in
connection with a contract or arrangement between EPA and a
qualified person to assist EPA in overseeing and reviewing the work
activities set forth in Attachment A to be performed by_ Respondents
provided however that Respondents shall not be obliltited pursuant
to this consent order to reimburse EPA for such rversight coss in
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excess cf S [to be 15 of bid price for the removal work excluding
activities in connection with the Anchor Tank materials] cr fifteen
percent (15) of Respondents costs incurred in the performance of
the removal activities unrelated to the Anchor Tank Materials
whichever is greater EPA agrees to notify Respondents of its
intention to enlarge or materially change the scope andor costs of
EPAs planned oversight activities and to provide Respondents with an
opportunity to discuss with EPA any such changes At the conclusion
cf the activities to be conducted under this Order ZPA will submit
to Respondents an accc-rtirc cf all oversight costs incurred by the
US government with respect to this Consent Order Subject to the
dispute resolution prcvisicn as provided in paragraph 30 herein
espc-dc-- shall bull-bull-r n 20 calendar days of receipt of that
jcc-nt bull= remit ^ co t ic-j c eck for the amount of those costs
-ade ray-cle to the bullbullbullJr~z r-bstance Superfunu Checks shall
pecif itally ref erc-nco bull ne identity of tie Site and be addressed to
US r-v r-crtul Protection Agency Hazardous S-ostances Supcrfurd PO Box 2710C3 V Pittsburg- PA 15251
A copy cf the transmittal letter shall be provided to the EPA Project
Coordinator
18 Observation of Respondents Field Activities Subject to
Respondents right to access to the Site as provided in paragraph 21
herein Respondents shall allow EPAs Project Coordinator and other
EPA employees agents consultants contractors and authorized
representatives to enter and move about the Site at allreasonable
times including but not limited to any time that work is being
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carried out pursuant to this Consent Order for the purpose of
inspecting and observing progress in implementing the activities
pursuant to this Concent Order and for the purpose cf verifying the
data submitted to EPA Respondents shall permit such persons to
record ail field activities by means of photographic or other
recording equipment and to inspect and copy all records documents
and other writings which in any way pertain to work undertaken
pursuant to this Consent Order
19 Engagement cf a Response Action Contractor Within seven
(7) cays of the effective date of this Consent Order Respondents
shall engage a qualified and experienced Response Action Contractor
(Contractor) to perform the removal activities set forth in the
Sccce cf Acr (Attac--r-rt A) All work performed by said Contractor
pur-_jrt bull this Ccrj bullbullbull-_ Orcic- shall be under the general direction
and cpervision of a bull_ lificc professional with expertise in
raz^rdc-js waste site -vest ijjtion and clean-up The contractual
lt=G- -r-ert etween bull-bullc-J-ib ^nd the Contractor shall require the
Ccr-ractcr as a cere it r- successful performance of the contract
to perform the Work Activities consistent with the provisions cf this
Consent Order Written notice of the engagement of the Contractor
shall be provided to EPA within five (5) days of such engagement and
a copy of the Respondents contract with the Contractor including a
statement of qualifications and identification of project personnel
shall be provided to EPA at that time Respondents shall notify EPA
regarding the identity and qualifications of any additioial
subcontractors and their key personnel at least fcurteen (14) days
prior to the Subcontractors commencement of Site work EPA shall
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have the right to disapprove based upon professional qualification
any Contractor or person engaged by Respondents to conduct Activities
under this Consent Order
20 Designation of Project Coordinator Seven (7) days after
the effective date of this Consent Order EPA and Respondents shall
each designate their own respective Project Coordinator Each
Project Coordinator shall be responsible for overseeing the
implementation of this Consent Order Any permanent change in the
designated Project Coordinator of either EPA or Respondents shall be
accomplished by sendiro written notice to either party The absence
of the EPA Project Coordinator from the Site shall not be the cause
for the stoppage of worlt unless the EPA Project Coordinator specifies
wcrlt o be jcccrpiiir--i inly when he or she is present
21 Site Accr- To -he extent that this Consent Order
requrr-- access to p~rerty ether than that already owned by the
esc-Jc-t j the Peso- ientc shall use their best efforts to obtain
ste jccoiis agreeron - rrcrr -he owners cf the Site ard any other
property wnich is ncccr-ry to successfully perform the activities
described ir this Consent Order within ten (10) cays after the
execution of this Consent Order by all parties Such agreements
shall provide to EPA its designated coordinator and its agents
employees authorized representatives and contractors reasonable
access to the Site for the purpose of overseeing Respondents
implementation of this Consent Order In the event that Respondents
conclude they are unable to obtain a necessary site access agreement
within the referenced time Respondents shall immediately notify EPA
in writing and shall include in such notification a description of
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che efforts made by Respondents to obtain the necessary access and
the reasons for their inability to obtain such access A delay in
performance of the Removal Activities which results from the
inability to secure such site access shall constitute an excusable
delay for the purposes of paragraph 32 if the cause of such inability
is not within the control of Respondents
22 Creation of Danger Upon obtaining information concerning
the occurrence of any event during the Removal Activities that causes
or threatens a release of hazardous substances from the Site or that
threatens public health welfare or the environment Respondents
snail notify within twenty-four (24) hours the EPA Project
Coordinator or in the event of his or her unavailability shall
notify wthin the sarro -werty-f cur (24) hour period the Ererccncy
Sest-orDe rit 3egr United States Environmental Protection
Agency -etting forth bull re events that occurred and the measures taken
and 10 bo -^ken if appr - pr e to mitigate any harrr caused or
nreat-bullo-j by the event raquo-d to prevent the reoccurrence cf such an
event Respondents crall have no obligations under this Order to
jndertake reasures to rritigate any such event not related to their
performance of the Removal Activities Regardless of whether or not
such a report is made to EPA if EPA determines that activities
undertaken in connection with this Consent Order have caused or may
cause a threat to on-site personnel or to the public health or
welfare or to the environment EPA may (a) order Respondents to stop
further implementation of this Consent Order for such period of time
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as may be needed to abate any such release or threat anderr (b)
undertake any actions which EPA determines are necessary to abate
such threat
23 Availability of Data Respondents shall submit to EPA the
results of all sampling andor tests and all other data generated by
Respondents by the Contractor or on Respondents behalf in the
course of implementing this Consent Order in its Progress Reports or
other Reports as described in the Work Plan or in this Consent Order
24 Record Preservation Respondents shall preserve during
tre pendency of this Consent Order and for a period of net less than
six (6) years after ecrrpletirg the work required by this Consent
Order all records arc icc--erts in their possession cr in the
c jsres rr f their ccucrse Action Contractor which relate in any
-ay z -bullbullgt --rfcrrar -ltbull i-e vork Plan cr this Consent Crccr
rotw irct-rcirg any cc-rc-i retention policy to the contrary After
bull nis - bull bullbull= perirj Pospc- Jc-its nay request in writing perrrisjion
bull jeer_y -ry sucr bullbull-bullgtrcc r docurrcr^3 This requort shall be
accrc-rci by a eery iris Consent Order and shall be rent by
certified rail return receipt requested to the following address
Robert A DiBiccaro Acting Regional Counsel (or the current Regional Counsel) US Environmental Protection Agency JFK Federal Building Rm 2203 Boston Massachusetts 02203
Within sixty (60) days of receipt of a request by Respondents to
destroy any or all such records or documents EPA will notify
Respondents whether such request has been granted or denied If EPA
denies such request Respondents shall make available to EPA such
-13shy
records and documents or copies of any such records and documents and
all obligations of Respondents to preserve records pursuant to this
Consent Order shall cease EPAs failure to respond to Respondents
request within the time period specified herein shall be deemed an
approval of said request and all obligations of Respondents to
preserve records pursuant to this Consent Order shall cease
Notwithstanding the terms of this paragraph Respondents do not waive
their rights to assert any privileges which may be applicable to such
records and documents
25 Place and Varrer of Notice Communications between
Respondents and EPA and all documents including reports approvals
disapprovals written rctices and other correspondence to be
suomitted- pursuant - rris Ccrsent Order shall be sent by certified
raI return receipt bull queste-J or by courier to the Project
Coordinator at the ll_wirg address or such other addresses as
Respcrde-gt13 cr EPA gtro-fttr ray designate in writing
a Docurc--j three ccpies) to be submitted to EPA should
oe cct to
Ricnard Haworth EPA On-Scene Coordinator US Environmental Protection Agency New England Regional Laboratory 60 Westview Street Lexington MA 02173
and one copy to
Wayne M Robinson EPA Remedial Project Manager US Environmental Protection Agency Waste Management Division JFK Federal Building HSN Boston MA 02203
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b Documents (three copies) to be submitted to Respondents
should be sent to
(name and addresses of Respondents contractors)
26 Necessity of Formal Approval No informal advice
guidance suggestions or commerts by EPA regarding reports plans
specifications schedules or any other writing submitted by
Respondents shall be construed as relieving Respondents of their
obligation to obtain such formal approvals as may be required by this
Consent Order
27 Procedure for Sbrssicn of Deliverables to EPA All
deiiveraoles identified in Attachment A for submittal to EPA shall be
so delivered to EPA in accordance with the Schedule set forth in the
Scope -f Work Prior -0 receipt of final EPA approval any report
bullbullJDTbullbullbullbull to EPA for ipprvl shall be rarked Draft on each page
arc jr-all include n a prc~irent location in the document the
follcwir- isciarcr Thib Document is a DRAFT which has not
recebullbullbullbull-bull iral EPA -ppr --I EPA will review Reports in accordance
wtn pa-rcpns 28 ne Consent Order
28 Procedure fr Review Revision and Fiial Approval of
Reports All deliverables identified in the Scope of Worn
(Attachment A) and this Consent Order for delivery to EPA (Reports)
shall be so delivered to EPA in accordance with the schedules set
forth in the Scope of Work and this Consent Order EPA will review
the Reports to determine whether they are consistent with the
requirements of the Scope of Work and Work Schedule and this Consent
Order If EPA determines that revisions to a Report are necessary
EPA will notify Respondents of EPAs requested revisions and the
-15shy
parties will expeditiously confer to discuss such requested
revisions Respondents shall thereafter submit a draft of the
revised Report in accordance with a schedule for revision set by EPA
which is reasonable considering the nature and extent of the proposed
revisions and the time period which was initially available for
Respondent to produce an acceptable report If Respondents fail to
submit such a revised Report within the specified schedule the
provisions of paragraph 30 may be invoked by any party to this
Consent Order
29 Xodificatinn ~pound Consent Order and Scooe of Wrrk This
Consent Order may only oe -edified upon the written agreement of both
EPA by signature cf Seniorsal Administrator and the Respondents
The jpprcvec ork l^r -ay to -edified by Respondents eriy upon
written crc-orent rT ~y tre signature of the Massachusetts
Section Chief and ltbullrdc-rt3 except that if CERCLA or the NCP are
ane~Jed prur to trlt bull-bullbullbullr t f c t ion of the Respondents worlt
a c t i v i t i e s is prcvij- 3 - paragraph 39 EPA nay request a
modi f icaticr to the -bullbull lax cr develop new Work Plans but only to
the extent expressly rec-jired pursuant to said amencrents of CERCLA
or the NCP Respondents assent to such a request for modification
shall not be unreasonably withheld
30 Dispute Resolution If the Respondents object to any EPA
notice of disapproval or decision made pursuant to this Consent
Order the Respondents shall notify EPA in writing of its objections
within ten (10) days of receipt of the decision EPA and the
Respondents have seven (7) days from the receipt by EPA-of the
notification of objection to reach agreement If agreement cannot be
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reached on any issue within this seven (7) day period EPA shall
provide a written statement of its decision to the Respondents
Respondents shall commence implementation of the activities required
by the EPA decision within five (5) days of receipt of the decision
In the event that the Respondents do not implement the activities
required by the EPA dt-ision the EPA Regional Administrator may take
such civil enforcement action against Respondents as may be provided
by statutory or equitable authorities including but not limited to
the assessment of such civil penalties or damages as are authorized
oy Sections 106(b)(l) and 107 (c) (3) of CERCLA as amended
31 Delav in Perf^rmancStipulated Penalties For each day
that the Respondents fail to comply with any time deadline estashy
oiioned pursuant to TS Consent Order the Respondent shall pay the
jjrrs -ot rtn belcw _ -t_ted penalties
Per cf Fail rraquo ~- Ct-plv Penalty Per Dav
1st - 7th bull-- $ 2500 8th - 15th y lOOOGi eacr ~ay th--r- -rr 400000
Any pound-cn -enalty sn^ll lt Jj- and payable within ten ilO) cays cf the
receipt cf a written demand by EPA Payment of any such penalty
shall be made by certified crecK payable to the Hazardous Substances
Superfund and mailed to the following address with a notation of the
docket number of this Consent Order
US Environmental Protection Agency Hazardous Substance Superfund P 0 Box 371003 M Pittsburgh PA 15251
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Notice that such payment has been made shall be provided in writing
to the EPA Project Coordinator The stipulated penalties set forth
in this section do not preclude EPA from electing to pursue any other
remedies or sanctions which may be available to EPA by reason of the
Respondents violation of this Consent Order or the Respondents1
failure or refusal to comply with any of the requirements of this
Order except that EPA agrees that all civil penalties for failure to
comply with the time requirements established pursuant to this
Consent Order shall be limited to the amounts calculated under this
paragraph If Resporccrtr pay stipulated penalties for a specified
period of time for late ccrpliance and EPA subsequently recovers
additional fines cr penalties for the same period of late compliance
r court the fines ard pe- 11 es shall be reduced by the arount of
tre 5tp l-iec peral c-s r~- -degr that period of late corrpliamprce
32 Excuses fr ~lpoundv~ n Perfornaree With respect to
Sespcrcc-tc corcpli -ce wit jny interim or final time deadline set
fcrtr - tris Consent ltpoundbullbull including any iTpierrentatior scnecjles
ccr cai eo in plans ^prvcJ Lv EPA pursuant to paragraph 28 and with
respect to the penalty provisions of paragraph 31 no stipulated
penalties or other sanctions will be imposed for delay directly
caused by the following which could not have been overcome by
Respondents due care (i) any act of God (ii) any Order issued to
Respondents by EPA under the provisions of paragraph 22 provided
that such delay did not arise as the result of the performance of the
Removal Activities (iii) any delay which results from failure to
secure access to the Site if the cause of such failure is not within
the control of Respondents (iv) any delays caused by EPAs failure
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to complete in a timely manner its review of plans and reports (v)
any delay experienced by the operation of the dispute resolution
procedure set forth herein and (vi) any other cause beyond the
control of Respondents provided however that increases in the cost
of performance of the removal activities shall not excuse such
performance nor affect the applicability of the penalty provisions
andor other sanctions which are provided for under this Order Such
penalties and sanctions shall be avoided only if and only to the
extcrt that such delays rratcrially interfered with or prevented
Respondents executor of their responsibilities during the period of
sucr delay Respondents shall notify EPA within twenty-four (24)
hours ir the event -hat circumstances occur which Respondents assert
snc-lu rccr the -xcu-e provisions cf this paragraph and shall
oert fy bullraquo vr spec y -bull cause or causes of such delay and the
estrat-jj J-jratior -cr Jc-liy Failure to notify EPA shall result
r - waivo Resp- j- -t right to assert that the delay should be
egtcbullbullbull L -ccr -he bullbullbullbull-- -ris paragraph Jpon receipt cf such
rot ic^i cr EPA wll -iotc-rTiie whether the delay is appropriately
exc-icd jrcer this parucraph and shall soon notify Respondents
Respondents further agree to use their best efforts to minimize any
delay which may result Respondents acknowledge that they will have
the burden of justifying excuses for delay in performance under this
paragraph
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33 Waiver of Settlement Conference In consideration of the
conununi cat ions between EPA and Respondents prior to the issuance of
this Consent Order concerning its terms Respondents hereby agree
that there is no need for a settlement conference prior to the
effective date of the Consent Order
34 Civil Penalties for Non-Compliance Respondents are
advised that except as provided by paragraph 32 of this Order if
Respondents violate or fail or refuse to comply with this Consent
Order or any portion tf-oreof EPA reserves its rights pursuant to
Sections 106(b)(l) and 107(c)(3) of CERCLA as amended with respect
to the imposition of civil penalties and punitive damages
35 Confidentiality Clairs Respondents may assert a
confidentiality clair if appropriate covering all or part of the
nf crrat en request- J LY bull_- is Consent Order pursuant to 40 CFR
2203(L) Such an ace-er en shall be adequately substantiated when
bullhe deserticn is rrj-co eitr9r analytical data nor any information
poundccfc-j in Sectin 1 - lt- ) bull 7 ) ( F cf CERCLA as amended by SARA
snail oe claimed is c- ideniial by Respondent Information
determined to be confidential by EPA shall be afforded the protection
specified by 40 CFR Part 2 Subpart B and in Section 104(e)(7) of
CERCLA as amended by SARA If no such claim accompanies the
information when it is submitted to EPA it may be made available to
the public by EPA without further notice to Respondents
36 Liability of Respondents Response Action Contractor The
Response Action Contractor in connection with the activities set
forth in Attachment A hereto shall not be liable under -CERCLA or
under any other federal law to the United States Government for costs
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or damages which result from a release or threatened release of
hazardous substances or pollutants or contaminants provided that such
releases rr threatened release was not caused by conduct of the
Response Action Contractor which was negligent grossly negligent or
which constituted intentional misconduct Said Response Action
Contractor shall have the burden of demonstrating that such conduct
was not negligent grossly negligent or did not constitute
intentional misconduct Nothing in this paragraph shall affect the
liaoiiity of any person under any warranty under federal state or
corruTon law
37 Incernnif icat icn Respondents agree to indemnify and save
arc hole rarriess the Jrtec States Government its agencies
jep bull--bullbullbull z agens ffcerrgt employees and representatives from
jry -c ciairs r --bullbull_ f action arising from or cr account of
acts r -lesions z gtcc----z their officers employees agents
-bullco vo - bull r-jsteei i2s--_ r contractors in carrying cut the
-ct bullbullbull- L^rsuant bull bull rs -rpoundent Order
38 eccvery bull Cs ~ EPA reserves the right to bri-c an
action acairst Respcrcert pursuant to Section 107 of CERC1A for
recovery of costs incurred in oversight consistent with paragraph 17
herein administration and enforcement of this Consent Order and
any other past and future costs incurred by the United States
Government in connection with response activities conducted pursuant
to CERCLA at this Site
39 Certification of Respondents Performance of the Work
Activities Upon receipt by EPA of notice from Respondents that
they believe they have satisfied their obligations under the Work
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Plan and this Consent Order EPA shall determine if Respondents
have met all of their responsibilities under the Work Plan and
under the provisions cf this Consent Order Within twenty-one
(21) days after receipt of said notice EPA will either (a)
provide Respondents with a statement of all of their
responsibilities which EPA believes are still outstanding or (b)
certify to Respondents that their responsibilities under the Scope
or Work and under the provisions of this Consent Order have been
cotrpleteiy and successfully discharged and that the work performed
by Respondents pursuant to this Consent Order and the Scope cf
Aorlt is consistent with the NC
bull10 Covenant Sst to Sue and Contribution Protection In
ccroicerat cr of and pcr certification by EPA that Respondents have
ccTplc-toly Jird succ-r i^lly d5charged their responsibilities under
ti-e -or- Plan and j-J^r the provisions of this Consent Order as
provided -or in parr ph 33 herein EPA covenants not to s-e
Rerc rdct3 n any bdquobull v 1 cr viririst rat ive action for the performance
cf tre vcrK Plan bull v jec rcwcvcr such covenant not to sue does
not extend to any ether liabilities that may be associated with the
Site including but not limited to any other response actions that
have been or may be undertaken at the Site This covenant not to sue
becomes effective upon the issuance by EPA of the certification
provided in paragraph 39 Nothing in this paragraph shall preclude
EPA from enforcing the provisions of this Consent Order in any
judicial or administrative proceeding It is the intention and
understanding of the parties to this Consent Order that the
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protection from contribution claims as provided by Section 113(b)(2)
of CERC1A as amended applies to any claim with respect to
performance of the activities pursuant to the Work Plan
41 Credit for Expenditures made pursuant to this Order
A Upon certification that Respondents have discharged
their responsibilities pursuant to the Work Plan and under the
provisions of this Consent Order Respondents shall present EPA with
an accounting of (1) all costs incurred consistent with the NCP in
deveioprert of the Work Plan and in performance of the Work Plan and
the other activities required by this Consent Order those costs will
oe segregated into two categories costs specifically associated with
bullr-e Arcror Tank Materials and all other costs and (2) the amounts
paid by -acr Pespcrdc-rr n connection therewith EPA agrees that
bullaiJ gtbull_bullbull rall no rjt i bull--bull a penalty paid by the Respondents
3 With bull-bull_bull (20) cays of receipt of such accounting
~A w i l l approve all --sts jccr-nted for by Respondents which are
orr2-t with =uup jrapr -(I) (Approved Consent Order Costs)
per z^cr approval ~A ^are-_3 to reduc-3 the amount of response costs
wnich it will seek to recover from Respondents pursuant to CERCLA or
otherwise in connection with the Site according to the following
formula said response costs shall be reduced by the Approved
Consent Order costs incurred in performing the work activities
associated with the Anchor Tank materials and by the amount resulting
from multiplying the Approved Consent Order Costs other than those
associated with Anchor Tank Materials times the quantity one minus
the result of dividing the aggregate volume of the Respondents waste
by the total volume of waste sent to the Site The volumes for these
-23shy
calculations shall be taken from the Volumetric Sank List attached as
Appendix 3 to the Administrative Order by Consent Docket No
at the time of publication in the Federal Register
C In the event that any Respondent otherwise receives
credit for Approved Consent Order Costs through settlement or
litigation the credit amount calculated under subparagraph (b) for
all Respc-dents shall be reduced by the amount of the credit received
through these other channels Moreover this paragraph shall in no
way limit or affect EFAs right to seek joint and several liability
against Respondents in any court action for all damages arc ether
costs incurred or to be incurred by EPA at the Cannons Engineering
Corporation Site This reduction in EPAs response costs with
respect - the Site -rail affect only recovery of response costs from
-r-e rc-cp-T-i--nts arc r l iv -o way affect the right cf EPA to seek
cint and -everai l i a b i l i t y JPC recovery of all resporse costs from
potentially respcrciLlo parties other than Respondents
42 PAs Re-laquobullbullbullbullbullbull-bull -- -f Richts EPA expressly reserves all
tre right- and defevcvs tra- it may have including EPAs right to
disapprove of work prforrcd by Respondents and to request that
Respondents perform tasks in addition to those detailed in this
Consent Order In addition EPA reserves the right to undertake
removal andor remedial actions at any time and to perform any and
all portions of the Work Activities which Respondents have failed to
perform properly provided however that EPA agrees to use its best
efforts to avoid duplication of Respondents activitiesunder this
Order Except as otherwise limited by paragraphs 31 and 32 EPA
reserves any and all rights to take any enforcement action pursuant
-24shy
to CERCLA as amended by SARA andor any available legal authority
This Consent Orde- does not constitute any decision on the
preauthorization of funds under Section lll(a)(2) of CERCLA as
amended by SARA
43 Respondents Reservation of Rights The participation by
Respondents in entering into and carrying out the terms of this
Consent Order shall rct be considered an admission of liability for
any purpose Nor shall such actions or participation by Respondents
constitute a commitrort or agreement either express or ixpiied to
undertake further activities at the Site other than these necessary
to perferr the Remcvcl Activities in accordance with the Work Plan
and rris Ccnsent Order or to undertake any remedial actions at the
Site r-ctwi thstandir -ry finding conclusions or reccn-Terdat ions
-ace - crrecticn ~-- performance of the Work Plan Except as
exprezly ret fortr - trie Consent Order Respondents reserve all
rcr= -rey r-_ have- -o opprre or defend against any action or claim
o r c ~ r t j
bull ther Clbull mdash Nothirg in tris Consent Order snail
constitute or be ccrstrucd as a release or a covenant not to sue
regarding any claim cause of action or demand in law or equity
against any person firm trust joint venture partnership
corporation or other entity not a signatory to this Consent Order for
any liability it may have arising out of or relating in any way to
the generation storage treatment handling transportation
release or disposal of any hazardous substances hazardous wastes
pollutants or contaminants found at taken to or taken from the
Site EPA shall not be liable for any injuries or damages to persons
-25shy
or property resulting from actions or omissions of Respondents in
carryinc out the activities pursuant to this Consent Order nor shall
EPA be held as a party to or in any other way liable under any
contract entered into by Respondents or by the Response Action
Contractor in carrying out the activities pursuant to this Consent
Order Except as otherwise herein set forth or agreed this Consent
Order shall not estop or limit any legal or equitable claims of the
United States against Respondents their agents contractors or
assigns including but not limited to claims related to releases of
hazardous substances gtr other pollutants or contaminants
45 Other laws All actions required to be taken pursuant to
-his Consent Order snail be undertaken in accordance with the
recjirererts of all appi icabl-e state and federal laws and regulashy
ticrs rcl-cirg laws rolatira to occupational safety and health and
ctrer federal envi r rctul laws as defined in current EPA policy
Otfer agencies nclJc -he Occupational Safety and Health
-crir 12 ration lOSi- -rd bull e fish and Wildlife Service (FiWS) may
oe called jpon to rev-- rc ccndjct of work under this Consent
Order In the event ihat there is a conflict in the application of
federal or state laws cr regulations the more stringent of the
conflicting provisions shall apply
46 Notice to the State Pursuant to the requirements of
Section 121(f) and 104(b)(2) of CERCLA as amended by SARA EPA has
notified the Commonwealth of Massachusetts of the scope of the
Response Action the negotiations with the potentially responsible
parties and of the issuance of this Consent Order
-26shy
47 Notice to the Federal Natural Resource Trustee Pursuant
to Sections 122(j) of SARA EPA has notified the Federal Natural
Resource Trustee of the scope of the Response Action the negotiation
with the potentially responsible parties and of the issuance of this
Consent Order
48 Separate Documents This Consent Order may be executed in
two or more counterparts each of which shall be deemed an original
but all of which together shall constitute one and the same
instrument
49 Effective Dare This Consent Order shall be effective upon
the date cf Respondents1 receipt of notice of signature by the
Seccrai Administrate- All times for performance of activities
jrcer -5 Consent Crder shall be calculated from that date
IT S SO AJPEID AND 3IRID iV
bullcr-e P leiarc Date
-27shy
IT IS SO AGREED
Name of Respondent ACUSHNET COMPANY
By Dale M Shenk Vice President and Controller
Title
January T 8 8 Date
-28shy
IT IS SO AGREED AMERICAN C^AMID COMPANY
Name of Respondent
By A JsJ Costello
Executive Vice President Title
bulljruary 1D3S Date
-28shy
IT IS SO AGREES
AMERICAN NATIONAL CAN CORPORATION Name cf Respondent
By S1U4uJ [ampJUULL~-~AT LAW
JAMES BALLS bull_
Title
JAMASY 7Date
198B
laquo By his signature hereon Janes Seller certifies that he has authority to bind Respondent to the terms of this agreement
-28shy
IT IS SO AGREED
ATampT Technologies Inc Name of Respondent
By ATampT-Engineering Vice President
Title
Date
-28shy
0 A
IT IS SO A G R E E D
Name of Respondent
By John L Fox
General Manager Title
January 6 T968 Date
-28shy
IT IS SO AGREED
Name of R e s p o n d e n t ^-
CHAMBERLAIN MANUFACTURING CORPORATION
By
General Co Title
Jaruar- D a t e
1988
-28shy
IT IS 60 AGREED
Name of Respondent ^ t~poundr llS^eL
Byj Richard Barth
Preeident fc Chief Executive Officer Title
CIBA-GEIGY corporation January 6 1988
Date
-28shy
IT IS SO AGREED
Name of Respondent Earthline Company fsCA
By
Authorized Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent FAIRCHILD SEMICONDUCTOR CORPORATION
By C R Bostic
Its Representative Title
January 4 1986 Date
-28shy
IT IS SO AGREED
Name of Respondent Franklin Pumping Service Inc
By
J I J (President)
1788 Date
-28shy
IT IS SO AGREED
Name of Respondent General Dynamics Corporation
By
Daniel S Hapke Assistant General Counsel T i t l e
4 January 1988 Date
-28shy
IT 18 SO AGREED i
of Ropondtnt
By
-28shy
In the Matter of Cannons Engineering Corporation Administrative Order by Consent
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
Hoechst Celane^e Corporation
Heinz X HofmeistermdashVice President Title
-28shy
IT IS SO AGREED
Name of Respondent HoffaeM-La Bocht Inc
By EB Anderson Senior Viet Prttident
Title
-28shy
P3 ICIO UflWDGFT GO JMN 0 8
XT IS SO ACREEDi
of Respondent rrt
bullyi
Jlflua r v 7 shym
IT IS SO AGREED
Name of Respondent Interex^Corporation
By
Authorized Axteht Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent
By
January 13 1988 Date
Millipore CorporationWaters Associates
Senior Vice President Title
-28shy
Cannons Engineering Corporation Administrative Order by Consent Bridgewater Removal Action
IT IS SO AGREED
Name of Respondent MONSANTO COMPANY iIs
Ishy t- r S S rr- -w ~
By
ff Title
Dote
-28shy
E00 3pound
IT IS SO AGREED
Name of Respondent
By
-IVCL
pound1
Title
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
POLAROID CORPORATION
VICE PRESIDENT AND SECRETARY Title
-28shy
IT IS SO AGREED
Name of Respondent Re eyeling Industries Inc
By
Authorized Agent title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent TECH- gTCM
By
Title
Date
-28shy
ATTACHMENT A
BRIDGEWATER CANNONS ENGINEERING CORPORATION SITE CONSENT ORDER WORK PLAN
I Introduction and Purpose
The purpose of this Consent Order Work Plan is to identify
response actions to be taKen by Respondents of the Site pursuant to
the foregoing Consent Order
I1 Scooe of Work
1 The following are the removal activities required by the
Consent Order
a Renov3- cf XTas-cs The following waste materials shall
oe roTcvo^ frcn the jte poundrd properly disposed of in accordance with
ail applj^oie erv r crrort1 laws and regulations
apprcxirrateiy 400 five-gallon pails containing
waste -atoral from inside the Equipment Building
This -aterial was previously located irsice the box
trailers
approximately 400 less than five-gallon pails which
have had the contents removed into two 55-gallon
drums
approximately one drum full and one drum 34 full
which were generated from the emptying of the above
mentioned less than five-gallon containers
-29shy
approximately 350 containers of laboratory reagents
which were abandoned in the laboratory inside the
Equipment Building
a container approximately one pint in volume
containing an unknown liquid which is considered to
be shock sensitive and will be treated as such
one five-gallon pail of bulked laboratory samples
one three-gallon pail of bulked laboratory samples
approximately 1000 gallons of aqueous waste
material contained in above-ground storage
containers which include less than 10 partially
filled druTs one dumpster and one tank trailer
appr- xiTately 25000 gallons of aqueous waste
material crrtained in the underground tanks
app r bull IT -ic-ly 500 gallons of waste oil determined
to contain a CB content of less than 2 parts per
appr c bull irrately two 55 gallon drums of materials
scraped from trailer bottoms
approximately two 55 gallon drums of contaminated
sorbent material from the equipment building floor
contaminated soil from opening area not to exceed
20 cubic yards
one 55 gallon drum approximately three-quarters
full of contaminated lab water from on-site
laboratory used during initial EPA removal
activities and
-30shy
approximately seventy-five 30 gallon garbage bags
containing contaminated protective clothing and
sampling implements
b Transportation of Wastes All of the above-described
wastes will be transported in accordance with all applicaole laws and
regulations including but not limited to all Department of
Transportation (DOT) regulations Additionally all containers
shipped off site and all vehicles carrying these containers will be
properly and completely labeled and placarded in accordance with all
applicable laws and regulations
c Disposal cf Wastes The Respondents shall make all
arrangerents necessary 10 accomplish the proper disposal of all of
the ebcve-cescribed wastes This shall include making available
disprsol perscrrel frr- -e selected disposal facility as needed to
ass-re hat the pack- J-TC snipping methods used meet the disposal
f a c i l i t y specifications f~r acceptance of wastes For elt ch waste
r-aterial ~z oe rencve-j ircr tre site the Respondents shall indicate
befcrc the waste is rerrcved frcrr the site the method of disposal the
name(s) of the facilityiies) to be utilized the compliance status of
the facility(ies) to be utilized the name(s) of transporter(s) to be
utilized the method of transport for each waste and the packaging
to be utilized
d Record of Disposal The Respondents shall provide EPA
with all paperwork documenting the location of all wastes that leave
the site This shall include all temporary storage facilities that
may be utilized before the waste reaches its final destination for
disposal All wastes removed from the site will be pursuant to an
-31shy
appropriate Hazardous Waste Manifest EPAs On-Scene Coordinator
will sign each manifest relating to the Anchor Tank material so as to
indicate that EPA is the generator of the Anchor Tank material being
removed from the site For all wastes that leave the site the
Respondents will supply information to include but not be limited
to the date of arrival and departure of each waste to or from each
facility a list of all wastes in question and the signature of the
company representative who accepted the wastes in question
Additionally for any waste that is incinerated or otherwise
destroyed the Respondents shall provide certification by a company
official of the facility destroying the waste that the waste was
ndeed destroyed ard by what nethod it was destroyed
e Site Postcraticn Before final demobilization the
^espcrv-- 3 shall restore the site to an acceptable degree This
-bullill ircl-de assur-rce tl-at no trash or waste materials or equipment
associated with any rf the removal activities is left on site Any
~aterjl including soil which has not been contaminated by site
rperatiors shall be returned to its original location
2 The following activities shall also be performed by
Respondents to fulfill the objectives of the Response Action
a Work Plan The Respondents shall prepare a Work Plan
consisting of all activities and subtasks The Work Plan shall
identify all deliverables to be produced during the Work Activities
including timetables for performance of the Work Activities and
production of the deliverables The Work Plan shall identify each
previously identified waste material to be removed from the site and
the Quality Assurance and Quality Control to be used during Work
-32shy
Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
-33shy
b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
-34shy
subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
-35shy
b Each Respondent is a potentially responsible party with
respect to some response costs incurred in connection with the site
within the meaning of Section 107(a) of CERCLA as amended 42 USC
$9607
c Many of the chemicals found on the site are hazardous
substances within the meaning of Section 101(14) of CERCLA 42
USC 9601(14)
d The past present or potential future migration of
hazardous substances it or from the Site constitutes an actual or
substantial threat of a release into the environment as those
terns are defined in Sections 101(8) and 101(22) of CERCLA as
amended
e The actu-1 releases cr threatened releases of a
naz-ror- -ubstsnco frrT the cite nay be an irmirer and substantial
encirscrrent to the rue-lie rc-alth or welfare cr the environment
w i t h i n -he rearing f 106(c) of CERCLA 42 USC sect 960G(a)
It is -c--ssary in order to protect the -ublic health
r welfare or the env rorncnt that actions be taken to abate such
cancers and threats that ray be caused by actual or threatened
release of hazardous substances from the Site For the purpose of
this Consent Order only such actions consist of the removal
activities described in the Work Plan set forth in Attachment A
hereto
g Respondents by undertaking the work activities pursuant
to this Consent Order and Attachment A will not have owned cr
possessed the Anchor Tank materials within the meaning of Section
107(a)(3) of CERLCLA as amended accordingly Respondents are not
-7shy
responsible parties within the meaning of Section 107 of CERCLA
with respect to the Anchor Tank materials and any response costs
which have been or may hereafter be incurred in connection with said
materials at any disposal or treatment facility to which Respondents
deliver said materials pursuant to this Consent Order s
VII ORDER
16 EPA hereby orders and agrees and Respondents without
admission of any issue of fact or law and in accordance with
Respondents Reservation of Rights as provided in paragraph 43
heresy agree that Respondents shall perform the activities set
forth in Attachment A These activities shall be conducted
pursuit o this Consent Or-Jer and shall be consistent with
CERCLA pound ar-erdec ry SARA ard the XCP If any inconsistencies
between ary cf the uocve laws cr regulations CERCLA as amended
shall 73VCTT Resp bull Jer-rG ncrce that they will conduct all
jct~s cescribec h s Ccnreit Order properly and accc rdirCj to
its terns ad the screcjlcs ^et forth herein
17 EPA Over siST1 It is hereby further ordered and
Respondents further agree that the Respondents shall reimburse the
Hazardous Substances Superfund for any cost consistent with CERCLA
and the NCP incurred by EPA including analytic cost under or in
connection with a contract or arrangement between EPA and a
qualified person to assist EPA in overseeing and reviewing the work
activities set forth in Attachment A to be performed by_ Respondents
provided however that Respondents shall not be obliltited pursuant
to this consent order to reimburse EPA for such rversight coss in
-8shy
excess cf S [to be 15 of bid price for the removal work excluding
activities in connection with the Anchor Tank materials] cr fifteen
percent (15) of Respondents costs incurred in the performance of
the removal activities unrelated to the Anchor Tank Materials
whichever is greater EPA agrees to notify Respondents of its
intention to enlarge or materially change the scope andor costs of
EPAs planned oversight activities and to provide Respondents with an
opportunity to discuss with EPA any such changes At the conclusion
cf the activities to be conducted under this Order ZPA will submit
to Respondents an accc-rtirc cf all oversight costs incurred by the
US government with respect to this Consent Order Subject to the
dispute resolution prcvisicn as provided in paragraph 30 herein
espc-dc-- shall bull-bull-r n 20 calendar days of receipt of that
jcc-nt bull= remit ^ co t ic-j c eck for the amount of those costs
-ade ray-cle to the bullbullbullJr~z r-bstance Superfunu Checks shall
pecif itally ref erc-nco bull ne identity of tie Site and be addressed to
US r-v r-crtul Protection Agency Hazardous S-ostances Supcrfurd PO Box 2710C3 V Pittsburg- PA 15251
A copy cf the transmittal letter shall be provided to the EPA Project
Coordinator
18 Observation of Respondents Field Activities Subject to
Respondents right to access to the Site as provided in paragraph 21
herein Respondents shall allow EPAs Project Coordinator and other
EPA employees agents consultants contractors and authorized
representatives to enter and move about the Site at allreasonable
times including but not limited to any time that work is being
-9shy
carried out pursuant to this Consent Order for the purpose of
inspecting and observing progress in implementing the activities
pursuant to this Concent Order and for the purpose cf verifying the
data submitted to EPA Respondents shall permit such persons to
record ail field activities by means of photographic or other
recording equipment and to inspect and copy all records documents
and other writings which in any way pertain to work undertaken
pursuant to this Consent Order
19 Engagement cf a Response Action Contractor Within seven
(7) cays of the effective date of this Consent Order Respondents
shall engage a qualified and experienced Response Action Contractor
(Contractor) to perform the removal activities set forth in the
Sccce cf Acr (Attac--r-rt A) All work performed by said Contractor
pur-_jrt bull this Ccrj bullbullbull-_ Orcic- shall be under the general direction
and cpervision of a bull_ lificc professional with expertise in
raz^rdc-js waste site -vest ijjtion and clean-up The contractual
lt=G- -r-ert etween bull-bullc-J-ib ^nd the Contractor shall require the
Ccr-ractcr as a cere it r- successful performance of the contract
to perform the Work Activities consistent with the provisions cf this
Consent Order Written notice of the engagement of the Contractor
shall be provided to EPA within five (5) days of such engagement and
a copy of the Respondents contract with the Contractor including a
statement of qualifications and identification of project personnel
shall be provided to EPA at that time Respondents shall notify EPA
regarding the identity and qualifications of any additioial
subcontractors and their key personnel at least fcurteen (14) days
prior to the Subcontractors commencement of Site work EPA shall
-10shy
have the right to disapprove based upon professional qualification
any Contractor or person engaged by Respondents to conduct Activities
under this Consent Order
20 Designation of Project Coordinator Seven (7) days after
the effective date of this Consent Order EPA and Respondents shall
each designate their own respective Project Coordinator Each
Project Coordinator shall be responsible for overseeing the
implementation of this Consent Order Any permanent change in the
designated Project Coordinator of either EPA or Respondents shall be
accomplished by sendiro written notice to either party The absence
of the EPA Project Coordinator from the Site shall not be the cause
for the stoppage of worlt unless the EPA Project Coordinator specifies
wcrlt o be jcccrpiiir--i inly when he or she is present
21 Site Accr- To -he extent that this Consent Order
requrr-- access to p~rerty ether than that already owned by the
esc-Jc-t j the Peso- ientc shall use their best efforts to obtain
ste jccoiis agreeron - rrcrr -he owners cf the Site ard any other
property wnich is ncccr-ry to successfully perform the activities
described ir this Consent Order within ten (10) cays after the
execution of this Consent Order by all parties Such agreements
shall provide to EPA its designated coordinator and its agents
employees authorized representatives and contractors reasonable
access to the Site for the purpose of overseeing Respondents
implementation of this Consent Order In the event that Respondents
conclude they are unable to obtain a necessary site access agreement
within the referenced time Respondents shall immediately notify EPA
in writing and shall include in such notification a description of
-11shy
che efforts made by Respondents to obtain the necessary access and
the reasons for their inability to obtain such access A delay in
performance of the Removal Activities which results from the
inability to secure such site access shall constitute an excusable
delay for the purposes of paragraph 32 if the cause of such inability
is not within the control of Respondents
22 Creation of Danger Upon obtaining information concerning
the occurrence of any event during the Removal Activities that causes
or threatens a release of hazardous substances from the Site or that
threatens public health welfare or the environment Respondents
snail notify within twenty-four (24) hours the EPA Project
Coordinator or in the event of his or her unavailability shall
notify wthin the sarro -werty-f cur (24) hour period the Ererccncy
Sest-orDe rit 3egr United States Environmental Protection
Agency -etting forth bull re events that occurred and the measures taken
and 10 bo -^ken if appr - pr e to mitigate any harrr caused or
nreat-bullo-j by the event raquo-d to prevent the reoccurrence cf such an
event Respondents crall have no obligations under this Order to
jndertake reasures to rritigate any such event not related to their
performance of the Removal Activities Regardless of whether or not
such a report is made to EPA if EPA determines that activities
undertaken in connection with this Consent Order have caused or may
cause a threat to on-site personnel or to the public health or
welfare or to the environment EPA may (a) order Respondents to stop
further implementation of this Consent Order for such period of time
-12shy
as may be needed to abate any such release or threat anderr (b)
undertake any actions which EPA determines are necessary to abate
such threat
23 Availability of Data Respondents shall submit to EPA the
results of all sampling andor tests and all other data generated by
Respondents by the Contractor or on Respondents behalf in the
course of implementing this Consent Order in its Progress Reports or
other Reports as described in the Work Plan or in this Consent Order
24 Record Preservation Respondents shall preserve during
tre pendency of this Consent Order and for a period of net less than
six (6) years after ecrrpletirg the work required by this Consent
Order all records arc icc--erts in their possession cr in the
c jsres rr f their ccucrse Action Contractor which relate in any
-ay z -bullbullgt --rfcrrar -ltbull i-e vork Plan cr this Consent Crccr
rotw irct-rcirg any cc-rc-i retention policy to the contrary After
bull nis - bull bullbull= perirj Pospc- Jc-its nay request in writing perrrisjion
bull jeer_y -ry sucr bullbull-bullgtrcc r docurrcr^3 This requort shall be
accrc-rci by a eery iris Consent Order and shall be rent by
certified rail return receipt requested to the following address
Robert A DiBiccaro Acting Regional Counsel (or the current Regional Counsel) US Environmental Protection Agency JFK Federal Building Rm 2203 Boston Massachusetts 02203
Within sixty (60) days of receipt of a request by Respondents to
destroy any or all such records or documents EPA will notify
Respondents whether such request has been granted or denied If EPA
denies such request Respondents shall make available to EPA such
-13shy
records and documents or copies of any such records and documents and
all obligations of Respondents to preserve records pursuant to this
Consent Order shall cease EPAs failure to respond to Respondents
request within the time period specified herein shall be deemed an
approval of said request and all obligations of Respondents to
preserve records pursuant to this Consent Order shall cease
Notwithstanding the terms of this paragraph Respondents do not waive
their rights to assert any privileges which may be applicable to such
records and documents
25 Place and Varrer of Notice Communications between
Respondents and EPA and all documents including reports approvals
disapprovals written rctices and other correspondence to be
suomitted- pursuant - rris Ccrsent Order shall be sent by certified
raI return receipt bull queste-J or by courier to the Project
Coordinator at the ll_wirg address or such other addresses as
Respcrde-gt13 cr EPA gtro-fttr ray designate in writing
a Docurc--j three ccpies) to be submitted to EPA should
oe cct to
Ricnard Haworth EPA On-Scene Coordinator US Environmental Protection Agency New England Regional Laboratory 60 Westview Street Lexington MA 02173
and one copy to
Wayne M Robinson EPA Remedial Project Manager US Environmental Protection Agency Waste Management Division JFK Federal Building HSN Boston MA 02203
-14shy
b Documents (three copies) to be submitted to Respondents
should be sent to
(name and addresses of Respondents contractors)
26 Necessity of Formal Approval No informal advice
guidance suggestions or commerts by EPA regarding reports plans
specifications schedules or any other writing submitted by
Respondents shall be construed as relieving Respondents of their
obligation to obtain such formal approvals as may be required by this
Consent Order
27 Procedure for Sbrssicn of Deliverables to EPA All
deiiveraoles identified in Attachment A for submittal to EPA shall be
so delivered to EPA in accordance with the Schedule set forth in the
Scope -f Work Prior -0 receipt of final EPA approval any report
bullbullJDTbullbullbullbull to EPA for ipprvl shall be rarked Draft on each page
arc jr-all include n a prc~irent location in the document the
follcwir- isciarcr Thib Document is a DRAFT which has not
recebullbullbullbull-bull iral EPA -ppr --I EPA will review Reports in accordance
wtn pa-rcpns 28 ne Consent Order
28 Procedure fr Review Revision and Fiial Approval of
Reports All deliverables identified in the Scope of Worn
(Attachment A) and this Consent Order for delivery to EPA (Reports)
shall be so delivered to EPA in accordance with the schedules set
forth in the Scope of Work and this Consent Order EPA will review
the Reports to determine whether they are consistent with the
requirements of the Scope of Work and Work Schedule and this Consent
Order If EPA determines that revisions to a Report are necessary
EPA will notify Respondents of EPAs requested revisions and the
-15shy
parties will expeditiously confer to discuss such requested
revisions Respondents shall thereafter submit a draft of the
revised Report in accordance with a schedule for revision set by EPA
which is reasonable considering the nature and extent of the proposed
revisions and the time period which was initially available for
Respondent to produce an acceptable report If Respondents fail to
submit such a revised Report within the specified schedule the
provisions of paragraph 30 may be invoked by any party to this
Consent Order
29 Xodificatinn ~pound Consent Order and Scooe of Wrrk This
Consent Order may only oe -edified upon the written agreement of both
EPA by signature cf Seniorsal Administrator and the Respondents
The jpprcvec ork l^r -ay to -edified by Respondents eriy upon
written crc-orent rT ~y tre signature of the Massachusetts
Section Chief and ltbullrdc-rt3 except that if CERCLA or the NCP are
ane~Jed prur to trlt bull-bullbullbullr t f c t ion of the Respondents worlt
a c t i v i t i e s is prcvij- 3 - paragraph 39 EPA nay request a
modi f icaticr to the -bullbull lax cr develop new Work Plans but only to
the extent expressly rec-jired pursuant to said amencrents of CERCLA
or the NCP Respondents assent to such a request for modification
shall not be unreasonably withheld
30 Dispute Resolution If the Respondents object to any EPA
notice of disapproval or decision made pursuant to this Consent
Order the Respondents shall notify EPA in writing of its objections
within ten (10) days of receipt of the decision EPA and the
Respondents have seven (7) days from the receipt by EPA-of the
notification of objection to reach agreement If agreement cannot be
-16shy
reached on any issue within this seven (7) day period EPA shall
provide a written statement of its decision to the Respondents
Respondents shall commence implementation of the activities required
by the EPA decision within five (5) days of receipt of the decision
In the event that the Respondents do not implement the activities
required by the EPA dt-ision the EPA Regional Administrator may take
such civil enforcement action against Respondents as may be provided
by statutory or equitable authorities including but not limited to
the assessment of such civil penalties or damages as are authorized
oy Sections 106(b)(l) and 107 (c) (3) of CERCLA as amended
31 Delav in Perf^rmancStipulated Penalties For each day
that the Respondents fail to comply with any time deadline estashy
oiioned pursuant to TS Consent Order the Respondent shall pay the
jjrrs -ot rtn belcw _ -t_ted penalties
Per cf Fail rraquo ~- Ct-plv Penalty Per Dav
1st - 7th bull-- $ 2500 8th - 15th y lOOOGi eacr ~ay th--r- -rr 400000
Any pound-cn -enalty sn^ll lt Jj- and payable within ten ilO) cays cf the
receipt cf a written demand by EPA Payment of any such penalty
shall be made by certified crecK payable to the Hazardous Substances
Superfund and mailed to the following address with a notation of the
docket number of this Consent Order
US Environmental Protection Agency Hazardous Substance Superfund P 0 Box 371003 M Pittsburgh PA 15251
-17shy
Notice that such payment has been made shall be provided in writing
to the EPA Project Coordinator The stipulated penalties set forth
in this section do not preclude EPA from electing to pursue any other
remedies or sanctions which may be available to EPA by reason of the
Respondents violation of this Consent Order or the Respondents1
failure or refusal to comply with any of the requirements of this
Order except that EPA agrees that all civil penalties for failure to
comply with the time requirements established pursuant to this
Consent Order shall be limited to the amounts calculated under this
paragraph If Resporccrtr pay stipulated penalties for a specified
period of time for late ccrpliance and EPA subsequently recovers
additional fines cr penalties for the same period of late compliance
r court the fines ard pe- 11 es shall be reduced by the arount of
tre 5tp l-iec peral c-s r~- -degr that period of late corrpliamprce
32 Excuses fr ~lpoundv~ n Perfornaree With respect to
Sespcrcc-tc corcpli -ce wit jny interim or final time deadline set
fcrtr - tris Consent ltpoundbullbull including any iTpierrentatior scnecjles
ccr cai eo in plans ^prvcJ Lv EPA pursuant to paragraph 28 and with
respect to the penalty provisions of paragraph 31 no stipulated
penalties or other sanctions will be imposed for delay directly
caused by the following which could not have been overcome by
Respondents due care (i) any act of God (ii) any Order issued to
Respondents by EPA under the provisions of paragraph 22 provided
that such delay did not arise as the result of the performance of the
Removal Activities (iii) any delay which results from failure to
secure access to the Site if the cause of such failure is not within
the control of Respondents (iv) any delays caused by EPAs failure
-18shy
to complete in a timely manner its review of plans and reports (v)
any delay experienced by the operation of the dispute resolution
procedure set forth herein and (vi) any other cause beyond the
control of Respondents provided however that increases in the cost
of performance of the removal activities shall not excuse such
performance nor affect the applicability of the penalty provisions
andor other sanctions which are provided for under this Order Such
penalties and sanctions shall be avoided only if and only to the
extcrt that such delays rratcrially interfered with or prevented
Respondents executor of their responsibilities during the period of
sucr delay Respondents shall notify EPA within twenty-four (24)
hours ir the event -hat circumstances occur which Respondents assert
snc-lu rccr the -xcu-e provisions cf this paragraph and shall
oert fy bullraquo vr spec y -bull cause or causes of such delay and the
estrat-jj J-jratior -cr Jc-liy Failure to notify EPA shall result
r - waivo Resp- j- -t right to assert that the delay should be
egtcbullbullbull L -ccr -he bullbullbullbull-- -ris paragraph Jpon receipt cf such
rot ic^i cr EPA wll -iotc-rTiie whether the delay is appropriately
exc-icd jrcer this parucraph and shall soon notify Respondents
Respondents further agree to use their best efforts to minimize any
delay which may result Respondents acknowledge that they will have
the burden of justifying excuses for delay in performance under this
paragraph
-19shy
33 Waiver of Settlement Conference In consideration of the
conununi cat ions between EPA and Respondents prior to the issuance of
this Consent Order concerning its terms Respondents hereby agree
that there is no need for a settlement conference prior to the
effective date of the Consent Order
34 Civil Penalties for Non-Compliance Respondents are
advised that except as provided by paragraph 32 of this Order if
Respondents violate or fail or refuse to comply with this Consent
Order or any portion tf-oreof EPA reserves its rights pursuant to
Sections 106(b)(l) and 107(c)(3) of CERCLA as amended with respect
to the imposition of civil penalties and punitive damages
35 Confidentiality Clairs Respondents may assert a
confidentiality clair if appropriate covering all or part of the
nf crrat en request- J LY bull_- is Consent Order pursuant to 40 CFR
2203(L) Such an ace-er en shall be adequately substantiated when
bullhe deserticn is rrj-co eitr9r analytical data nor any information
poundccfc-j in Sectin 1 - lt- ) bull 7 ) ( F cf CERCLA as amended by SARA
snail oe claimed is c- ideniial by Respondent Information
determined to be confidential by EPA shall be afforded the protection
specified by 40 CFR Part 2 Subpart B and in Section 104(e)(7) of
CERCLA as amended by SARA If no such claim accompanies the
information when it is submitted to EPA it may be made available to
the public by EPA without further notice to Respondents
36 Liability of Respondents Response Action Contractor The
Response Action Contractor in connection with the activities set
forth in Attachment A hereto shall not be liable under -CERCLA or
under any other federal law to the United States Government for costs
-20shy
or damages which result from a release or threatened release of
hazardous substances or pollutants or contaminants provided that such
releases rr threatened release was not caused by conduct of the
Response Action Contractor which was negligent grossly negligent or
which constituted intentional misconduct Said Response Action
Contractor shall have the burden of demonstrating that such conduct
was not negligent grossly negligent or did not constitute
intentional misconduct Nothing in this paragraph shall affect the
liaoiiity of any person under any warranty under federal state or
corruTon law
37 Incernnif icat icn Respondents agree to indemnify and save
arc hole rarriess the Jrtec States Government its agencies
jep bull--bullbullbull z agens ffcerrgt employees and representatives from
jry -c ciairs r --bullbull_ f action arising from or cr account of
acts r -lesions z gtcc----z their officers employees agents
-bullco vo - bull r-jsteei i2s--_ r contractors in carrying cut the
-ct bullbullbull- L^rsuant bull bull rs -rpoundent Order
38 eccvery bull Cs ~ EPA reserves the right to bri-c an
action acairst Respcrcert pursuant to Section 107 of CERC1A for
recovery of costs incurred in oversight consistent with paragraph 17
herein administration and enforcement of this Consent Order and
any other past and future costs incurred by the United States
Government in connection with response activities conducted pursuant
to CERCLA at this Site
39 Certification of Respondents Performance of the Work
Activities Upon receipt by EPA of notice from Respondents that
they believe they have satisfied their obligations under the Work
-21shy
Plan and this Consent Order EPA shall determine if Respondents
have met all of their responsibilities under the Work Plan and
under the provisions cf this Consent Order Within twenty-one
(21) days after receipt of said notice EPA will either (a)
provide Respondents with a statement of all of their
responsibilities which EPA believes are still outstanding or (b)
certify to Respondents that their responsibilities under the Scope
or Work and under the provisions of this Consent Order have been
cotrpleteiy and successfully discharged and that the work performed
by Respondents pursuant to this Consent Order and the Scope cf
Aorlt is consistent with the NC
bull10 Covenant Sst to Sue and Contribution Protection In
ccroicerat cr of and pcr certification by EPA that Respondents have
ccTplc-toly Jird succ-r i^lly d5charged their responsibilities under
ti-e -or- Plan and j-J^r the provisions of this Consent Order as
provided -or in parr ph 33 herein EPA covenants not to s-e
Rerc rdct3 n any bdquobull v 1 cr viririst rat ive action for the performance
cf tre vcrK Plan bull v jec rcwcvcr such covenant not to sue does
not extend to any ether liabilities that may be associated with the
Site including but not limited to any other response actions that
have been or may be undertaken at the Site This covenant not to sue
becomes effective upon the issuance by EPA of the certification
provided in paragraph 39 Nothing in this paragraph shall preclude
EPA from enforcing the provisions of this Consent Order in any
judicial or administrative proceeding It is the intention and
understanding of the parties to this Consent Order that the
-22shy
protection from contribution claims as provided by Section 113(b)(2)
of CERC1A as amended applies to any claim with respect to
performance of the activities pursuant to the Work Plan
41 Credit for Expenditures made pursuant to this Order
A Upon certification that Respondents have discharged
their responsibilities pursuant to the Work Plan and under the
provisions of this Consent Order Respondents shall present EPA with
an accounting of (1) all costs incurred consistent with the NCP in
deveioprert of the Work Plan and in performance of the Work Plan and
the other activities required by this Consent Order those costs will
oe segregated into two categories costs specifically associated with
bullr-e Arcror Tank Materials and all other costs and (2) the amounts
paid by -acr Pespcrdc-rr n connection therewith EPA agrees that
bullaiJ gtbull_bullbull rall no rjt i bull--bull a penalty paid by the Respondents
3 With bull-bull_bull (20) cays of receipt of such accounting
~A w i l l approve all --sts jccr-nted for by Respondents which are
orr2-t with =uup jrapr -(I) (Approved Consent Order Costs)
per z^cr approval ~A ^are-_3 to reduc-3 the amount of response costs
wnich it will seek to recover from Respondents pursuant to CERCLA or
otherwise in connection with the Site according to the following
formula said response costs shall be reduced by the Approved
Consent Order costs incurred in performing the work activities
associated with the Anchor Tank materials and by the amount resulting
from multiplying the Approved Consent Order Costs other than those
associated with Anchor Tank Materials times the quantity one minus
the result of dividing the aggregate volume of the Respondents waste
by the total volume of waste sent to the Site The volumes for these
-23shy
calculations shall be taken from the Volumetric Sank List attached as
Appendix 3 to the Administrative Order by Consent Docket No
at the time of publication in the Federal Register
C In the event that any Respondent otherwise receives
credit for Approved Consent Order Costs through settlement or
litigation the credit amount calculated under subparagraph (b) for
all Respc-dents shall be reduced by the amount of the credit received
through these other channels Moreover this paragraph shall in no
way limit or affect EFAs right to seek joint and several liability
against Respondents in any court action for all damages arc ether
costs incurred or to be incurred by EPA at the Cannons Engineering
Corporation Site This reduction in EPAs response costs with
respect - the Site -rail affect only recovery of response costs from
-r-e rc-cp-T-i--nts arc r l iv -o way affect the right cf EPA to seek
cint and -everai l i a b i l i t y JPC recovery of all resporse costs from
potentially respcrciLlo parties other than Respondents
42 PAs Re-laquobullbullbullbullbullbull-bull -- -f Richts EPA expressly reserves all
tre right- and defevcvs tra- it may have including EPAs right to
disapprove of work prforrcd by Respondents and to request that
Respondents perform tasks in addition to those detailed in this
Consent Order In addition EPA reserves the right to undertake
removal andor remedial actions at any time and to perform any and
all portions of the Work Activities which Respondents have failed to
perform properly provided however that EPA agrees to use its best
efforts to avoid duplication of Respondents activitiesunder this
Order Except as otherwise limited by paragraphs 31 and 32 EPA
reserves any and all rights to take any enforcement action pursuant
-24shy
to CERCLA as amended by SARA andor any available legal authority
This Consent Orde- does not constitute any decision on the
preauthorization of funds under Section lll(a)(2) of CERCLA as
amended by SARA
43 Respondents Reservation of Rights The participation by
Respondents in entering into and carrying out the terms of this
Consent Order shall rct be considered an admission of liability for
any purpose Nor shall such actions or participation by Respondents
constitute a commitrort or agreement either express or ixpiied to
undertake further activities at the Site other than these necessary
to perferr the Remcvcl Activities in accordance with the Work Plan
and rris Ccnsent Order or to undertake any remedial actions at the
Site r-ctwi thstandir -ry finding conclusions or reccn-Terdat ions
-ace - crrecticn ~-- performance of the Work Plan Except as
exprezly ret fortr - trie Consent Order Respondents reserve all
rcr= -rey r-_ have- -o opprre or defend against any action or claim
o r c ~ r t j
bull ther Clbull mdash Nothirg in tris Consent Order snail
constitute or be ccrstrucd as a release or a covenant not to sue
regarding any claim cause of action or demand in law or equity
against any person firm trust joint venture partnership
corporation or other entity not a signatory to this Consent Order for
any liability it may have arising out of or relating in any way to
the generation storage treatment handling transportation
release or disposal of any hazardous substances hazardous wastes
pollutants or contaminants found at taken to or taken from the
Site EPA shall not be liable for any injuries or damages to persons
-25shy
or property resulting from actions or omissions of Respondents in
carryinc out the activities pursuant to this Consent Order nor shall
EPA be held as a party to or in any other way liable under any
contract entered into by Respondents or by the Response Action
Contractor in carrying out the activities pursuant to this Consent
Order Except as otherwise herein set forth or agreed this Consent
Order shall not estop or limit any legal or equitable claims of the
United States against Respondents their agents contractors or
assigns including but not limited to claims related to releases of
hazardous substances gtr other pollutants or contaminants
45 Other laws All actions required to be taken pursuant to
-his Consent Order snail be undertaken in accordance with the
recjirererts of all appi icabl-e state and federal laws and regulashy
ticrs rcl-cirg laws rolatira to occupational safety and health and
ctrer federal envi r rctul laws as defined in current EPA policy
Otfer agencies nclJc -he Occupational Safety and Health
-crir 12 ration lOSi- -rd bull e fish and Wildlife Service (FiWS) may
oe called jpon to rev-- rc ccndjct of work under this Consent
Order In the event ihat there is a conflict in the application of
federal or state laws cr regulations the more stringent of the
conflicting provisions shall apply
46 Notice to the State Pursuant to the requirements of
Section 121(f) and 104(b)(2) of CERCLA as amended by SARA EPA has
notified the Commonwealth of Massachusetts of the scope of the
Response Action the negotiations with the potentially responsible
parties and of the issuance of this Consent Order
-26shy
47 Notice to the Federal Natural Resource Trustee Pursuant
to Sections 122(j) of SARA EPA has notified the Federal Natural
Resource Trustee of the scope of the Response Action the negotiation
with the potentially responsible parties and of the issuance of this
Consent Order
48 Separate Documents This Consent Order may be executed in
two or more counterparts each of which shall be deemed an original
but all of which together shall constitute one and the same
instrument
49 Effective Dare This Consent Order shall be effective upon
the date cf Respondents1 receipt of notice of signature by the
Seccrai Administrate- All times for performance of activities
jrcer -5 Consent Crder shall be calculated from that date
IT S SO AJPEID AND 3IRID iV
bullcr-e P leiarc Date
-27shy
IT IS SO AGREED
Name of Respondent ACUSHNET COMPANY
By Dale M Shenk Vice President and Controller
Title
January T 8 8 Date
-28shy
IT IS SO AGREED AMERICAN C^AMID COMPANY
Name of Respondent
By A JsJ Costello
Executive Vice President Title
bulljruary 1D3S Date
-28shy
IT IS SO AGREES
AMERICAN NATIONAL CAN CORPORATION Name cf Respondent
By S1U4uJ [ampJUULL~-~AT LAW
JAMES BALLS bull_
Title
JAMASY 7Date
198B
laquo By his signature hereon Janes Seller certifies that he has authority to bind Respondent to the terms of this agreement
-28shy
IT IS SO AGREED
ATampT Technologies Inc Name of Respondent
By ATampT-Engineering Vice President
Title
Date
-28shy
0 A
IT IS SO A G R E E D
Name of Respondent
By John L Fox
General Manager Title
January 6 T968 Date
-28shy
IT IS SO AGREED
Name of R e s p o n d e n t ^-
CHAMBERLAIN MANUFACTURING CORPORATION
By
General Co Title
Jaruar- D a t e
1988
-28shy
IT IS 60 AGREED
Name of Respondent ^ t~poundr llS^eL
Byj Richard Barth
Preeident fc Chief Executive Officer Title
CIBA-GEIGY corporation January 6 1988
Date
-28shy
IT IS SO AGREED
Name of Respondent Earthline Company fsCA
By
Authorized Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent FAIRCHILD SEMICONDUCTOR CORPORATION
By C R Bostic
Its Representative Title
January 4 1986 Date
-28shy
IT IS SO AGREED
Name of Respondent Franklin Pumping Service Inc
By
J I J (President)
1788 Date
-28shy
IT IS SO AGREED
Name of Respondent General Dynamics Corporation
By
Daniel S Hapke Assistant General Counsel T i t l e
4 January 1988 Date
-28shy
IT 18 SO AGREED i
of Ropondtnt
By
-28shy
In the Matter of Cannons Engineering Corporation Administrative Order by Consent
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
Hoechst Celane^e Corporation
Heinz X HofmeistermdashVice President Title
-28shy
IT IS SO AGREED
Name of Respondent HoffaeM-La Bocht Inc
By EB Anderson Senior Viet Prttident
Title
-28shy
P3 ICIO UflWDGFT GO JMN 0 8
XT IS SO ACREEDi
of Respondent rrt
bullyi
Jlflua r v 7 shym
IT IS SO AGREED
Name of Respondent Interex^Corporation
By
Authorized Axteht Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent
By
January 13 1988 Date
Millipore CorporationWaters Associates
Senior Vice President Title
-28shy
Cannons Engineering Corporation Administrative Order by Consent Bridgewater Removal Action
IT IS SO AGREED
Name of Respondent MONSANTO COMPANY iIs
Ishy t- r S S rr- -w ~
By
ff Title
Dote
-28shy
E00 3pound
IT IS SO AGREED
Name of Respondent
By
-IVCL
pound1
Title
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
POLAROID CORPORATION
VICE PRESIDENT AND SECRETARY Title
-28shy
IT IS SO AGREED
Name of Respondent Re eyeling Industries Inc
By
Authorized Agent title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent TECH- gTCM
By
Title
Date
-28shy
ATTACHMENT A
BRIDGEWATER CANNONS ENGINEERING CORPORATION SITE CONSENT ORDER WORK PLAN
I Introduction and Purpose
The purpose of this Consent Order Work Plan is to identify
response actions to be taKen by Respondents of the Site pursuant to
the foregoing Consent Order
I1 Scooe of Work
1 The following are the removal activities required by the
Consent Order
a Renov3- cf XTas-cs The following waste materials shall
oe roTcvo^ frcn the jte poundrd properly disposed of in accordance with
ail applj^oie erv r crrort1 laws and regulations
apprcxirrateiy 400 five-gallon pails containing
waste -atoral from inside the Equipment Building
This -aterial was previously located irsice the box
trailers
approximately 400 less than five-gallon pails which
have had the contents removed into two 55-gallon
drums
approximately one drum full and one drum 34 full
which were generated from the emptying of the above
mentioned less than five-gallon containers
-29shy
approximately 350 containers of laboratory reagents
which were abandoned in the laboratory inside the
Equipment Building
a container approximately one pint in volume
containing an unknown liquid which is considered to
be shock sensitive and will be treated as such
one five-gallon pail of bulked laboratory samples
one three-gallon pail of bulked laboratory samples
approximately 1000 gallons of aqueous waste
material contained in above-ground storage
containers which include less than 10 partially
filled druTs one dumpster and one tank trailer
appr- xiTately 25000 gallons of aqueous waste
material crrtained in the underground tanks
app r bull IT -ic-ly 500 gallons of waste oil determined
to contain a CB content of less than 2 parts per
appr c bull irrately two 55 gallon drums of materials
scraped from trailer bottoms
approximately two 55 gallon drums of contaminated
sorbent material from the equipment building floor
contaminated soil from opening area not to exceed
20 cubic yards
one 55 gallon drum approximately three-quarters
full of contaminated lab water from on-site
laboratory used during initial EPA removal
activities and
-30shy
approximately seventy-five 30 gallon garbage bags
containing contaminated protective clothing and
sampling implements
b Transportation of Wastes All of the above-described
wastes will be transported in accordance with all applicaole laws and
regulations including but not limited to all Department of
Transportation (DOT) regulations Additionally all containers
shipped off site and all vehicles carrying these containers will be
properly and completely labeled and placarded in accordance with all
applicable laws and regulations
c Disposal cf Wastes The Respondents shall make all
arrangerents necessary 10 accomplish the proper disposal of all of
the ebcve-cescribed wastes This shall include making available
disprsol perscrrel frr- -e selected disposal facility as needed to
ass-re hat the pack- J-TC snipping methods used meet the disposal
f a c i l i t y specifications f~r acceptance of wastes For elt ch waste
r-aterial ~z oe rencve-j ircr tre site the Respondents shall indicate
befcrc the waste is rerrcved frcrr the site the method of disposal the
name(s) of the facilityiies) to be utilized the compliance status of
the facility(ies) to be utilized the name(s) of transporter(s) to be
utilized the method of transport for each waste and the packaging
to be utilized
d Record of Disposal The Respondents shall provide EPA
with all paperwork documenting the location of all wastes that leave
the site This shall include all temporary storage facilities that
may be utilized before the waste reaches its final destination for
disposal All wastes removed from the site will be pursuant to an
-31shy
appropriate Hazardous Waste Manifest EPAs On-Scene Coordinator
will sign each manifest relating to the Anchor Tank material so as to
indicate that EPA is the generator of the Anchor Tank material being
removed from the site For all wastes that leave the site the
Respondents will supply information to include but not be limited
to the date of arrival and departure of each waste to or from each
facility a list of all wastes in question and the signature of the
company representative who accepted the wastes in question
Additionally for any waste that is incinerated or otherwise
destroyed the Respondents shall provide certification by a company
official of the facility destroying the waste that the waste was
ndeed destroyed ard by what nethod it was destroyed
e Site Postcraticn Before final demobilization the
^espcrv-- 3 shall restore the site to an acceptable degree This
-bullill ircl-de assur-rce tl-at no trash or waste materials or equipment
associated with any rf the removal activities is left on site Any
~aterjl including soil which has not been contaminated by site
rperatiors shall be returned to its original location
2 The following activities shall also be performed by
Respondents to fulfill the objectives of the Response Action
a Work Plan The Respondents shall prepare a Work Plan
consisting of all activities and subtasks The Work Plan shall
identify all deliverables to be produced during the Work Activities
including timetables for performance of the Work Activities and
production of the deliverables The Work Plan shall identify each
previously identified waste material to be removed from the site and
the Quality Assurance and Quality Control to be used during Work
-32shy
Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
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b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
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subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
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responsible parties within the meaning of Section 107 of CERCLA
with respect to the Anchor Tank materials and any response costs
which have been or may hereafter be incurred in connection with said
materials at any disposal or treatment facility to which Respondents
deliver said materials pursuant to this Consent Order s
VII ORDER
16 EPA hereby orders and agrees and Respondents without
admission of any issue of fact or law and in accordance with
Respondents Reservation of Rights as provided in paragraph 43
heresy agree that Respondents shall perform the activities set
forth in Attachment A These activities shall be conducted
pursuit o this Consent Or-Jer and shall be consistent with
CERCLA pound ar-erdec ry SARA ard the XCP If any inconsistencies
between ary cf the uocve laws cr regulations CERCLA as amended
shall 73VCTT Resp bull Jer-rG ncrce that they will conduct all
jct~s cescribec h s Ccnreit Order properly and accc rdirCj to
its terns ad the screcjlcs ^et forth herein
17 EPA Over siST1 It is hereby further ordered and
Respondents further agree that the Respondents shall reimburse the
Hazardous Substances Superfund for any cost consistent with CERCLA
and the NCP incurred by EPA including analytic cost under or in
connection with a contract or arrangement between EPA and a
qualified person to assist EPA in overseeing and reviewing the work
activities set forth in Attachment A to be performed by_ Respondents
provided however that Respondents shall not be obliltited pursuant
to this consent order to reimburse EPA for such rversight coss in
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excess cf S [to be 15 of bid price for the removal work excluding
activities in connection with the Anchor Tank materials] cr fifteen
percent (15) of Respondents costs incurred in the performance of
the removal activities unrelated to the Anchor Tank Materials
whichever is greater EPA agrees to notify Respondents of its
intention to enlarge or materially change the scope andor costs of
EPAs planned oversight activities and to provide Respondents with an
opportunity to discuss with EPA any such changes At the conclusion
cf the activities to be conducted under this Order ZPA will submit
to Respondents an accc-rtirc cf all oversight costs incurred by the
US government with respect to this Consent Order Subject to the
dispute resolution prcvisicn as provided in paragraph 30 herein
espc-dc-- shall bull-bull-r n 20 calendar days of receipt of that
jcc-nt bull= remit ^ co t ic-j c eck for the amount of those costs
-ade ray-cle to the bullbullbullJr~z r-bstance Superfunu Checks shall
pecif itally ref erc-nco bull ne identity of tie Site and be addressed to
US r-v r-crtul Protection Agency Hazardous S-ostances Supcrfurd PO Box 2710C3 V Pittsburg- PA 15251
A copy cf the transmittal letter shall be provided to the EPA Project
Coordinator
18 Observation of Respondents Field Activities Subject to
Respondents right to access to the Site as provided in paragraph 21
herein Respondents shall allow EPAs Project Coordinator and other
EPA employees agents consultants contractors and authorized
representatives to enter and move about the Site at allreasonable
times including but not limited to any time that work is being
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carried out pursuant to this Consent Order for the purpose of
inspecting and observing progress in implementing the activities
pursuant to this Concent Order and for the purpose cf verifying the
data submitted to EPA Respondents shall permit such persons to
record ail field activities by means of photographic or other
recording equipment and to inspect and copy all records documents
and other writings which in any way pertain to work undertaken
pursuant to this Consent Order
19 Engagement cf a Response Action Contractor Within seven
(7) cays of the effective date of this Consent Order Respondents
shall engage a qualified and experienced Response Action Contractor
(Contractor) to perform the removal activities set forth in the
Sccce cf Acr (Attac--r-rt A) All work performed by said Contractor
pur-_jrt bull this Ccrj bullbullbull-_ Orcic- shall be under the general direction
and cpervision of a bull_ lificc professional with expertise in
raz^rdc-js waste site -vest ijjtion and clean-up The contractual
lt=G- -r-ert etween bull-bullc-J-ib ^nd the Contractor shall require the
Ccr-ractcr as a cere it r- successful performance of the contract
to perform the Work Activities consistent with the provisions cf this
Consent Order Written notice of the engagement of the Contractor
shall be provided to EPA within five (5) days of such engagement and
a copy of the Respondents contract with the Contractor including a
statement of qualifications and identification of project personnel
shall be provided to EPA at that time Respondents shall notify EPA
regarding the identity and qualifications of any additioial
subcontractors and their key personnel at least fcurteen (14) days
prior to the Subcontractors commencement of Site work EPA shall
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have the right to disapprove based upon professional qualification
any Contractor or person engaged by Respondents to conduct Activities
under this Consent Order
20 Designation of Project Coordinator Seven (7) days after
the effective date of this Consent Order EPA and Respondents shall
each designate their own respective Project Coordinator Each
Project Coordinator shall be responsible for overseeing the
implementation of this Consent Order Any permanent change in the
designated Project Coordinator of either EPA or Respondents shall be
accomplished by sendiro written notice to either party The absence
of the EPA Project Coordinator from the Site shall not be the cause
for the stoppage of worlt unless the EPA Project Coordinator specifies
wcrlt o be jcccrpiiir--i inly when he or she is present
21 Site Accr- To -he extent that this Consent Order
requrr-- access to p~rerty ether than that already owned by the
esc-Jc-t j the Peso- ientc shall use their best efforts to obtain
ste jccoiis agreeron - rrcrr -he owners cf the Site ard any other
property wnich is ncccr-ry to successfully perform the activities
described ir this Consent Order within ten (10) cays after the
execution of this Consent Order by all parties Such agreements
shall provide to EPA its designated coordinator and its agents
employees authorized representatives and contractors reasonable
access to the Site for the purpose of overseeing Respondents
implementation of this Consent Order In the event that Respondents
conclude they are unable to obtain a necessary site access agreement
within the referenced time Respondents shall immediately notify EPA
in writing and shall include in such notification a description of
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che efforts made by Respondents to obtain the necessary access and
the reasons for their inability to obtain such access A delay in
performance of the Removal Activities which results from the
inability to secure such site access shall constitute an excusable
delay for the purposes of paragraph 32 if the cause of such inability
is not within the control of Respondents
22 Creation of Danger Upon obtaining information concerning
the occurrence of any event during the Removal Activities that causes
or threatens a release of hazardous substances from the Site or that
threatens public health welfare or the environment Respondents
snail notify within twenty-four (24) hours the EPA Project
Coordinator or in the event of his or her unavailability shall
notify wthin the sarro -werty-f cur (24) hour period the Ererccncy
Sest-orDe rit 3egr United States Environmental Protection
Agency -etting forth bull re events that occurred and the measures taken
and 10 bo -^ken if appr - pr e to mitigate any harrr caused or
nreat-bullo-j by the event raquo-d to prevent the reoccurrence cf such an
event Respondents crall have no obligations under this Order to
jndertake reasures to rritigate any such event not related to their
performance of the Removal Activities Regardless of whether or not
such a report is made to EPA if EPA determines that activities
undertaken in connection with this Consent Order have caused or may
cause a threat to on-site personnel or to the public health or
welfare or to the environment EPA may (a) order Respondents to stop
further implementation of this Consent Order for such period of time
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as may be needed to abate any such release or threat anderr (b)
undertake any actions which EPA determines are necessary to abate
such threat
23 Availability of Data Respondents shall submit to EPA the
results of all sampling andor tests and all other data generated by
Respondents by the Contractor or on Respondents behalf in the
course of implementing this Consent Order in its Progress Reports or
other Reports as described in the Work Plan or in this Consent Order
24 Record Preservation Respondents shall preserve during
tre pendency of this Consent Order and for a period of net less than
six (6) years after ecrrpletirg the work required by this Consent
Order all records arc icc--erts in their possession cr in the
c jsres rr f their ccucrse Action Contractor which relate in any
-ay z -bullbullgt --rfcrrar -ltbull i-e vork Plan cr this Consent Crccr
rotw irct-rcirg any cc-rc-i retention policy to the contrary After
bull nis - bull bullbull= perirj Pospc- Jc-its nay request in writing perrrisjion
bull jeer_y -ry sucr bullbull-bullgtrcc r docurrcr^3 This requort shall be
accrc-rci by a eery iris Consent Order and shall be rent by
certified rail return receipt requested to the following address
Robert A DiBiccaro Acting Regional Counsel (or the current Regional Counsel) US Environmental Protection Agency JFK Federal Building Rm 2203 Boston Massachusetts 02203
Within sixty (60) days of receipt of a request by Respondents to
destroy any or all such records or documents EPA will notify
Respondents whether such request has been granted or denied If EPA
denies such request Respondents shall make available to EPA such
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records and documents or copies of any such records and documents and
all obligations of Respondents to preserve records pursuant to this
Consent Order shall cease EPAs failure to respond to Respondents
request within the time period specified herein shall be deemed an
approval of said request and all obligations of Respondents to
preserve records pursuant to this Consent Order shall cease
Notwithstanding the terms of this paragraph Respondents do not waive
their rights to assert any privileges which may be applicable to such
records and documents
25 Place and Varrer of Notice Communications between
Respondents and EPA and all documents including reports approvals
disapprovals written rctices and other correspondence to be
suomitted- pursuant - rris Ccrsent Order shall be sent by certified
raI return receipt bull queste-J or by courier to the Project
Coordinator at the ll_wirg address or such other addresses as
Respcrde-gt13 cr EPA gtro-fttr ray designate in writing
a Docurc--j three ccpies) to be submitted to EPA should
oe cct to
Ricnard Haworth EPA On-Scene Coordinator US Environmental Protection Agency New England Regional Laboratory 60 Westview Street Lexington MA 02173
and one copy to
Wayne M Robinson EPA Remedial Project Manager US Environmental Protection Agency Waste Management Division JFK Federal Building HSN Boston MA 02203
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b Documents (three copies) to be submitted to Respondents
should be sent to
(name and addresses of Respondents contractors)
26 Necessity of Formal Approval No informal advice
guidance suggestions or commerts by EPA regarding reports plans
specifications schedules or any other writing submitted by
Respondents shall be construed as relieving Respondents of their
obligation to obtain such formal approvals as may be required by this
Consent Order
27 Procedure for Sbrssicn of Deliverables to EPA All
deiiveraoles identified in Attachment A for submittal to EPA shall be
so delivered to EPA in accordance with the Schedule set forth in the
Scope -f Work Prior -0 receipt of final EPA approval any report
bullbullJDTbullbullbullbull to EPA for ipprvl shall be rarked Draft on each page
arc jr-all include n a prc~irent location in the document the
follcwir- isciarcr Thib Document is a DRAFT which has not
recebullbullbullbull-bull iral EPA -ppr --I EPA will review Reports in accordance
wtn pa-rcpns 28 ne Consent Order
28 Procedure fr Review Revision and Fiial Approval of
Reports All deliverables identified in the Scope of Worn
(Attachment A) and this Consent Order for delivery to EPA (Reports)
shall be so delivered to EPA in accordance with the schedules set
forth in the Scope of Work and this Consent Order EPA will review
the Reports to determine whether they are consistent with the
requirements of the Scope of Work and Work Schedule and this Consent
Order If EPA determines that revisions to a Report are necessary
EPA will notify Respondents of EPAs requested revisions and the
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parties will expeditiously confer to discuss such requested
revisions Respondents shall thereafter submit a draft of the
revised Report in accordance with a schedule for revision set by EPA
which is reasonable considering the nature and extent of the proposed
revisions and the time period which was initially available for
Respondent to produce an acceptable report If Respondents fail to
submit such a revised Report within the specified schedule the
provisions of paragraph 30 may be invoked by any party to this
Consent Order
29 Xodificatinn ~pound Consent Order and Scooe of Wrrk This
Consent Order may only oe -edified upon the written agreement of both
EPA by signature cf Seniorsal Administrator and the Respondents
The jpprcvec ork l^r -ay to -edified by Respondents eriy upon
written crc-orent rT ~y tre signature of the Massachusetts
Section Chief and ltbullrdc-rt3 except that if CERCLA or the NCP are
ane~Jed prur to trlt bull-bullbullbullr t f c t ion of the Respondents worlt
a c t i v i t i e s is prcvij- 3 - paragraph 39 EPA nay request a
modi f icaticr to the -bullbull lax cr develop new Work Plans but only to
the extent expressly rec-jired pursuant to said amencrents of CERCLA
or the NCP Respondents assent to such a request for modification
shall not be unreasonably withheld
30 Dispute Resolution If the Respondents object to any EPA
notice of disapproval or decision made pursuant to this Consent
Order the Respondents shall notify EPA in writing of its objections
within ten (10) days of receipt of the decision EPA and the
Respondents have seven (7) days from the receipt by EPA-of the
notification of objection to reach agreement If agreement cannot be
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reached on any issue within this seven (7) day period EPA shall
provide a written statement of its decision to the Respondents
Respondents shall commence implementation of the activities required
by the EPA decision within five (5) days of receipt of the decision
In the event that the Respondents do not implement the activities
required by the EPA dt-ision the EPA Regional Administrator may take
such civil enforcement action against Respondents as may be provided
by statutory or equitable authorities including but not limited to
the assessment of such civil penalties or damages as are authorized
oy Sections 106(b)(l) and 107 (c) (3) of CERCLA as amended
31 Delav in Perf^rmancStipulated Penalties For each day
that the Respondents fail to comply with any time deadline estashy
oiioned pursuant to TS Consent Order the Respondent shall pay the
jjrrs -ot rtn belcw _ -t_ted penalties
Per cf Fail rraquo ~- Ct-plv Penalty Per Dav
1st - 7th bull-- $ 2500 8th - 15th y lOOOGi eacr ~ay th--r- -rr 400000
Any pound-cn -enalty sn^ll lt Jj- and payable within ten ilO) cays cf the
receipt cf a written demand by EPA Payment of any such penalty
shall be made by certified crecK payable to the Hazardous Substances
Superfund and mailed to the following address with a notation of the
docket number of this Consent Order
US Environmental Protection Agency Hazardous Substance Superfund P 0 Box 371003 M Pittsburgh PA 15251
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Notice that such payment has been made shall be provided in writing
to the EPA Project Coordinator The stipulated penalties set forth
in this section do not preclude EPA from electing to pursue any other
remedies or sanctions which may be available to EPA by reason of the
Respondents violation of this Consent Order or the Respondents1
failure or refusal to comply with any of the requirements of this
Order except that EPA agrees that all civil penalties for failure to
comply with the time requirements established pursuant to this
Consent Order shall be limited to the amounts calculated under this
paragraph If Resporccrtr pay stipulated penalties for a specified
period of time for late ccrpliance and EPA subsequently recovers
additional fines cr penalties for the same period of late compliance
r court the fines ard pe- 11 es shall be reduced by the arount of
tre 5tp l-iec peral c-s r~- -degr that period of late corrpliamprce
32 Excuses fr ~lpoundv~ n Perfornaree With respect to
Sespcrcc-tc corcpli -ce wit jny interim or final time deadline set
fcrtr - tris Consent ltpoundbullbull including any iTpierrentatior scnecjles
ccr cai eo in plans ^prvcJ Lv EPA pursuant to paragraph 28 and with
respect to the penalty provisions of paragraph 31 no stipulated
penalties or other sanctions will be imposed for delay directly
caused by the following which could not have been overcome by
Respondents due care (i) any act of God (ii) any Order issued to
Respondents by EPA under the provisions of paragraph 22 provided
that such delay did not arise as the result of the performance of the
Removal Activities (iii) any delay which results from failure to
secure access to the Site if the cause of such failure is not within
the control of Respondents (iv) any delays caused by EPAs failure
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to complete in a timely manner its review of plans and reports (v)
any delay experienced by the operation of the dispute resolution
procedure set forth herein and (vi) any other cause beyond the
control of Respondents provided however that increases in the cost
of performance of the removal activities shall not excuse such
performance nor affect the applicability of the penalty provisions
andor other sanctions which are provided for under this Order Such
penalties and sanctions shall be avoided only if and only to the
extcrt that such delays rratcrially interfered with or prevented
Respondents executor of their responsibilities during the period of
sucr delay Respondents shall notify EPA within twenty-four (24)
hours ir the event -hat circumstances occur which Respondents assert
snc-lu rccr the -xcu-e provisions cf this paragraph and shall
oert fy bullraquo vr spec y -bull cause or causes of such delay and the
estrat-jj J-jratior -cr Jc-liy Failure to notify EPA shall result
r - waivo Resp- j- -t right to assert that the delay should be
egtcbullbullbull L -ccr -he bullbullbullbull-- -ris paragraph Jpon receipt cf such
rot ic^i cr EPA wll -iotc-rTiie whether the delay is appropriately
exc-icd jrcer this parucraph and shall soon notify Respondents
Respondents further agree to use their best efforts to minimize any
delay which may result Respondents acknowledge that they will have
the burden of justifying excuses for delay in performance under this
paragraph
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33 Waiver of Settlement Conference In consideration of the
conununi cat ions between EPA and Respondents prior to the issuance of
this Consent Order concerning its terms Respondents hereby agree
that there is no need for a settlement conference prior to the
effective date of the Consent Order
34 Civil Penalties for Non-Compliance Respondents are
advised that except as provided by paragraph 32 of this Order if
Respondents violate or fail or refuse to comply with this Consent
Order or any portion tf-oreof EPA reserves its rights pursuant to
Sections 106(b)(l) and 107(c)(3) of CERCLA as amended with respect
to the imposition of civil penalties and punitive damages
35 Confidentiality Clairs Respondents may assert a
confidentiality clair if appropriate covering all or part of the
nf crrat en request- J LY bull_- is Consent Order pursuant to 40 CFR
2203(L) Such an ace-er en shall be adequately substantiated when
bullhe deserticn is rrj-co eitr9r analytical data nor any information
poundccfc-j in Sectin 1 - lt- ) bull 7 ) ( F cf CERCLA as amended by SARA
snail oe claimed is c- ideniial by Respondent Information
determined to be confidential by EPA shall be afforded the protection
specified by 40 CFR Part 2 Subpart B and in Section 104(e)(7) of
CERCLA as amended by SARA If no such claim accompanies the
information when it is submitted to EPA it may be made available to
the public by EPA without further notice to Respondents
36 Liability of Respondents Response Action Contractor The
Response Action Contractor in connection with the activities set
forth in Attachment A hereto shall not be liable under -CERCLA or
under any other federal law to the United States Government for costs
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or damages which result from a release or threatened release of
hazardous substances or pollutants or contaminants provided that such
releases rr threatened release was not caused by conduct of the
Response Action Contractor which was negligent grossly negligent or
which constituted intentional misconduct Said Response Action
Contractor shall have the burden of demonstrating that such conduct
was not negligent grossly negligent or did not constitute
intentional misconduct Nothing in this paragraph shall affect the
liaoiiity of any person under any warranty under federal state or
corruTon law
37 Incernnif icat icn Respondents agree to indemnify and save
arc hole rarriess the Jrtec States Government its agencies
jep bull--bullbullbull z agens ffcerrgt employees and representatives from
jry -c ciairs r --bullbull_ f action arising from or cr account of
acts r -lesions z gtcc----z their officers employees agents
-bullco vo - bull r-jsteei i2s--_ r contractors in carrying cut the
-ct bullbullbull- L^rsuant bull bull rs -rpoundent Order
38 eccvery bull Cs ~ EPA reserves the right to bri-c an
action acairst Respcrcert pursuant to Section 107 of CERC1A for
recovery of costs incurred in oversight consistent with paragraph 17
herein administration and enforcement of this Consent Order and
any other past and future costs incurred by the United States
Government in connection with response activities conducted pursuant
to CERCLA at this Site
39 Certification of Respondents Performance of the Work
Activities Upon receipt by EPA of notice from Respondents that
they believe they have satisfied their obligations under the Work
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Plan and this Consent Order EPA shall determine if Respondents
have met all of their responsibilities under the Work Plan and
under the provisions cf this Consent Order Within twenty-one
(21) days after receipt of said notice EPA will either (a)
provide Respondents with a statement of all of their
responsibilities which EPA believes are still outstanding or (b)
certify to Respondents that their responsibilities under the Scope
or Work and under the provisions of this Consent Order have been
cotrpleteiy and successfully discharged and that the work performed
by Respondents pursuant to this Consent Order and the Scope cf
Aorlt is consistent with the NC
bull10 Covenant Sst to Sue and Contribution Protection In
ccroicerat cr of and pcr certification by EPA that Respondents have
ccTplc-toly Jird succ-r i^lly d5charged their responsibilities under
ti-e -or- Plan and j-J^r the provisions of this Consent Order as
provided -or in parr ph 33 herein EPA covenants not to s-e
Rerc rdct3 n any bdquobull v 1 cr viririst rat ive action for the performance
cf tre vcrK Plan bull v jec rcwcvcr such covenant not to sue does
not extend to any ether liabilities that may be associated with the
Site including but not limited to any other response actions that
have been or may be undertaken at the Site This covenant not to sue
becomes effective upon the issuance by EPA of the certification
provided in paragraph 39 Nothing in this paragraph shall preclude
EPA from enforcing the provisions of this Consent Order in any
judicial or administrative proceeding It is the intention and
understanding of the parties to this Consent Order that the
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protection from contribution claims as provided by Section 113(b)(2)
of CERC1A as amended applies to any claim with respect to
performance of the activities pursuant to the Work Plan
41 Credit for Expenditures made pursuant to this Order
A Upon certification that Respondents have discharged
their responsibilities pursuant to the Work Plan and under the
provisions of this Consent Order Respondents shall present EPA with
an accounting of (1) all costs incurred consistent with the NCP in
deveioprert of the Work Plan and in performance of the Work Plan and
the other activities required by this Consent Order those costs will
oe segregated into two categories costs specifically associated with
bullr-e Arcror Tank Materials and all other costs and (2) the amounts
paid by -acr Pespcrdc-rr n connection therewith EPA agrees that
bullaiJ gtbull_bullbull rall no rjt i bull--bull a penalty paid by the Respondents
3 With bull-bull_bull (20) cays of receipt of such accounting
~A w i l l approve all --sts jccr-nted for by Respondents which are
orr2-t with =uup jrapr -(I) (Approved Consent Order Costs)
per z^cr approval ~A ^are-_3 to reduc-3 the amount of response costs
wnich it will seek to recover from Respondents pursuant to CERCLA or
otherwise in connection with the Site according to the following
formula said response costs shall be reduced by the Approved
Consent Order costs incurred in performing the work activities
associated with the Anchor Tank materials and by the amount resulting
from multiplying the Approved Consent Order Costs other than those
associated with Anchor Tank Materials times the quantity one minus
the result of dividing the aggregate volume of the Respondents waste
by the total volume of waste sent to the Site The volumes for these
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calculations shall be taken from the Volumetric Sank List attached as
Appendix 3 to the Administrative Order by Consent Docket No
at the time of publication in the Federal Register
C In the event that any Respondent otherwise receives
credit for Approved Consent Order Costs through settlement or
litigation the credit amount calculated under subparagraph (b) for
all Respc-dents shall be reduced by the amount of the credit received
through these other channels Moreover this paragraph shall in no
way limit or affect EFAs right to seek joint and several liability
against Respondents in any court action for all damages arc ether
costs incurred or to be incurred by EPA at the Cannons Engineering
Corporation Site This reduction in EPAs response costs with
respect - the Site -rail affect only recovery of response costs from
-r-e rc-cp-T-i--nts arc r l iv -o way affect the right cf EPA to seek
cint and -everai l i a b i l i t y JPC recovery of all resporse costs from
potentially respcrciLlo parties other than Respondents
42 PAs Re-laquobullbullbullbullbullbull-bull -- -f Richts EPA expressly reserves all
tre right- and defevcvs tra- it may have including EPAs right to
disapprove of work prforrcd by Respondents and to request that
Respondents perform tasks in addition to those detailed in this
Consent Order In addition EPA reserves the right to undertake
removal andor remedial actions at any time and to perform any and
all portions of the Work Activities which Respondents have failed to
perform properly provided however that EPA agrees to use its best
efforts to avoid duplication of Respondents activitiesunder this
Order Except as otherwise limited by paragraphs 31 and 32 EPA
reserves any and all rights to take any enforcement action pursuant
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to CERCLA as amended by SARA andor any available legal authority
This Consent Orde- does not constitute any decision on the
preauthorization of funds under Section lll(a)(2) of CERCLA as
amended by SARA
43 Respondents Reservation of Rights The participation by
Respondents in entering into and carrying out the terms of this
Consent Order shall rct be considered an admission of liability for
any purpose Nor shall such actions or participation by Respondents
constitute a commitrort or agreement either express or ixpiied to
undertake further activities at the Site other than these necessary
to perferr the Remcvcl Activities in accordance with the Work Plan
and rris Ccnsent Order or to undertake any remedial actions at the
Site r-ctwi thstandir -ry finding conclusions or reccn-Terdat ions
-ace - crrecticn ~-- performance of the Work Plan Except as
exprezly ret fortr - trie Consent Order Respondents reserve all
rcr= -rey r-_ have- -o opprre or defend against any action or claim
o r c ~ r t j
bull ther Clbull mdash Nothirg in tris Consent Order snail
constitute or be ccrstrucd as a release or a covenant not to sue
regarding any claim cause of action or demand in law or equity
against any person firm trust joint venture partnership
corporation or other entity not a signatory to this Consent Order for
any liability it may have arising out of or relating in any way to
the generation storage treatment handling transportation
release or disposal of any hazardous substances hazardous wastes
pollutants or contaminants found at taken to or taken from the
Site EPA shall not be liable for any injuries or damages to persons
-25shy
or property resulting from actions or omissions of Respondents in
carryinc out the activities pursuant to this Consent Order nor shall
EPA be held as a party to or in any other way liable under any
contract entered into by Respondents or by the Response Action
Contractor in carrying out the activities pursuant to this Consent
Order Except as otherwise herein set forth or agreed this Consent
Order shall not estop or limit any legal or equitable claims of the
United States against Respondents their agents contractors or
assigns including but not limited to claims related to releases of
hazardous substances gtr other pollutants or contaminants
45 Other laws All actions required to be taken pursuant to
-his Consent Order snail be undertaken in accordance with the
recjirererts of all appi icabl-e state and federal laws and regulashy
ticrs rcl-cirg laws rolatira to occupational safety and health and
ctrer federal envi r rctul laws as defined in current EPA policy
Otfer agencies nclJc -he Occupational Safety and Health
-crir 12 ration lOSi- -rd bull e fish and Wildlife Service (FiWS) may
oe called jpon to rev-- rc ccndjct of work under this Consent
Order In the event ihat there is a conflict in the application of
federal or state laws cr regulations the more stringent of the
conflicting provisions shall apply
46 Notice to the State Pursuant to the requirements of
Section 121(f) and 104(b)(2) of CERCLA as amended by SARA EPA has
notified the Commonwealth of Massachusetts of the scope of the
Response Action the negotiations with the potentially responsible
parties and of the issuance of this Consent Order
-26shy
47 Notice to the Federal Natural Resource Trustee Pursuant
to Sections 122(j) of SARA EPA has notified the Federal Natural
Resource Trustee of the scope of the Response Action the negotiation
with the potentially responsible parties and of the issuance of this
Consent Order
48 Separate Documents This Consent Order may be executed in
two or more counterparts each of which shall be deemed an original
but all of which together shall constitute one and the same
instrument
49 Effective Dare This Consent Order shall be effective upon
the date cf Respondents1 receipt of notice of signature by the
Seccrai Administrate- All times for performance of activities
jrcer -5 Consent Crder shall be calculated from that date
IT S SO AJPEID AND 3IRID iV
bullcr-e P leiarc Date
-27shy
IT IS SO AGREED
Name of Respondent ACUSHNET COMPANY
By Dale M Shenk Vice President and Controller
Title
January T 8 8 Date
-28shy
IT IS SO AGREED AMERICAN C^AMID COMPANY
Name of Respondent
By A JsJ Costello
Executive Vice President Title
bulljruary 1D3S Date
-28shy
IT IS SO AGREES
AMERICAN NATIONAL CAN CORPORATION Name cf Respondent
By S1U4uJ [ampJUULL~-~AT LAW
JAMES BALLS bull_
Title
JAMASY 7Date
198B
laquo By his signature hereon Janes Seller certifies that he has authority to bind Respondent to the terms of this agreement
-28shy
IT IS SO AGREED
ATampT Technologies Inc Name of Respondent
By ATampT-Engineering Vice President
Title
Date
-28shy
0 A
IT IS SO A G R E E D
Name of Respondent
By John L Fox
General Manager Title
January 6 T968 Date
-28shy
IT IS SO AGREED
Name of R e s p o n d e n t ^-
CHAMBERLAIN MANUFACTURING CORPORATION
By
General Co Title
Jaruar- D a t e
1988
-28shy
IT IS 60 AGREED
Name of Respondent ^ t~poundr llS^eL
Byj Richard Barth
Preeident fc Chief Executive Officer Title
CIBA-GEIGY corporation January 6 1988
Date
-28shy
IT IS SO AGREED
Name of Respondent Earthline Company fsCA
By
Authorized Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent FAIRCHILD SEMICONDUCTOR CORPORATION
By C R Bostic
Its Representative Title
January 4 1986 Date
-28shy
IT IS SO AGREED
Name of Respondent Franklin Pumping Service Inc
By
J I J (President)
1788 Date
-28shy
IT IS SO AGREED
Name of Respondent General Dynamics Corporation
By
Daniel S Hapke Assistant General Counsel T i t l e
4 January 1988 Date
-28shy
IT 18 SO AGREED i
of Ropondtnt
By
-28shy
In the Matter of Cannons Engineering Corporation Administrative Order by Consent
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
Hoechst Celane^e Corporation
Heinz X HofmeistermdashVice President Title
-28shy
IT IS SO AGREED
Name of Respondent HoffaeM-La Bocht Inc
By EB Anderson Senior Viet Prttident
Title
-28shy
P3 ICIO UflWDGFT GO JMN 0 8
XT IS SO ACREEDi
of Respondent rrt
bullyi
Jlflua r v 7 shym
IT IS SO AGREED
Name of Respondent Interex^Corporation
By
Authorized Axteht Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent
By
January 13 1988 Date
Millipore CorporationWaters Associates
Senior Vice President Title
-28shy
Cannons Engineering Corporation Administrative Order by Consent Bridgewater Removal Action
IT IS SO AGREED
Name of Respondent MONSANTO COMPANY iIs
Ishy t- r S S rr- -w ~
By
ff Title
Dote
-28shy
E00 3pound
IT IS SO AGREED
Name of Respondent
By
-IVCL
pound1
Title
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
POLAROID CORPORATION
VICE PRESIDENT AND SECRETARY Title
-28shy
IT IS SO AGREED
Name of Respondent Re eyeling Industries Inc
By
Authorized Agent title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent TECH- gTCM
By
Title
Date
-28shy
ATTACHMENT A
BRIDGEWATER CANNONS ENGINEERING CORPORATION SITE CONSENT ORDER WORK PLAN
I Introduction and Purpose
The purpose of this Consent Order Work Plan is to identify
response actions to be taKen by Respondents of the Site pursuant to
the foregoing Consent Order
I1 Scooe of Work
1 The following are the removal activities required by the
Consent Order
a Renov3- cf XTas-cs The following waste materials shall
oe roTcvo^ frcn the jte poundrd properly disposed of in accordance with
ail applj^oie erv r crrort1 laws and regulations
apprcxirrateiy 400 five-gallon pails containing
waste -atoral from inside the Equipment Building
This -aterial was previously located irsice the box
trailers
approximately 400 less than five-gallon pails which
have had the contents removed into two 55-gallon
drums
approximately one drum full and one drum 34 full
which were generated from the emptying of the above
mentioned less than five-gallon containers
-29shy
approximately 350 containers of laboratory reagents
which were abandoned in the laboratory inside the
Equipment Building
a container approximately one pint in volume
containing an unknown liquid which is considered to
be shock sensitive and will be treated as such
one five-gallon pail of bulked laboratory samples
one three-gallon pail of bulked laboratory samples
approximately 1000 gallons of aqueous waste
material contained in above-ground storage
containers which include less than 10 partially
filled druTs one dumpster and one tank trailer
appr- xiTately 25000 gallons of aqueous waste
material crrtained in the underground tanks
app r bull IT -ic-ly 500 gallons of waste oil determined
to contain a CB content of less than 2 parts per
appr c bull irrately two 55 gallon drums of materials
scraped from trailer bottoms
approximately two 55 gallon drums of contaminated
sorbent material from the equipment building floor
contaminated soil from opening area not to exceed
20 cubic yards
one 55 gallon drum approximately three-quarters
full of contaminated lab water from on-site
laboratory used during initial EPA removal
activities and
-30shy
approximately seventy-five 30 gallon garbage bags
containing contaminated protective clothing and
sampling implements
b Transportation of Wastes All of the above-described
wastes will be transported in accordance with all applicaole laws and
regulations including but not limited to all Department of
Transportation (DOT) regulations Additionally all containers
shipped off site and all vehicles carrying these containers will be
properly and completely labeled and placarded in accordance with all
applicable laws and regulations
c Disposal cf Wastes The Respondents shall make all
arrangerents necessary 10 accomplish the proper disposal of all of
the ebcve-cescribed wastes This shall include making available
disprsol perscrrel frr- -e selected disposal facility as needed to
ass-re hat the pack- J-TC snipping methods used meet the disposal
f a c i l i t y specifications f~r acceptance of wastes For elt ch waste
r-aterial ~z oe rencve-j ircr tre site the Respondents shall indicate
befcrc the waste is rerrcved frcrr the site the method of disposal the
name(s) of the facilityiies) to be utilized the compliance status of
the facility(ies) to be utilized the name(s) of transporter(s) to be
utilized the method of transport for each waste and the packaging
to be utilized
d Record of Disposal The Respondents shall provide EPA
with all paperwork documenting the location of all wastes that leave
the site This shall include all temporary storage facilities that
may be utilized before the waste reaches its final destination for
disposal All wastes removed from the site will be pursuant to an
-31shy
appropriate Hazardous Waste Manifest EPAs On-Scene Coordinator
will sign each manifest relating to the Anchor Tank material so as to
indicate that EPA is the generator of the Anchor Tank material being
removed from the site For all wastes that leave the site the
Respondents will supply information to include but not be limited
to the date of arrival and departure of each waste to or from each
facility a list of all wastes in question and the signature of the
company representative who accepted the wastes in question
Additionally for any waste that is incinerated or otherwise
destroyed the Respondents shall provide certification by a company
official of the facility destroying the waste that the waste was
ndeed destroyed ard by what nethod it was destroyed
e Site Postcraticn Before final demobilization the
^espcrv-- 3 shall restore the site to an acceptable degree This
-bullill ircl-de assur-rce tl-at no trash or waste materials or equipment
associated with any rf the removal activities is left on site Any
~aterjl including soil which has not been contaminated by site
rperatiors shall be returned to its original location
2 The following activities shall also be performed by
Respondents to fulfill the objectives of the Response Action
a Work Plan The Respondents shall prepare a Work Plan
consisting of all activities and subtasks The Work Plan shall
identify all deliverables to be produced during the Work Activities
including timetables for performance of the Work Activities and
production of the deliverables The Work Plan shall identify each
previously identified waste material to be removed from the site and
the Quality Assurance and Quality Control to be used during Work
-32shy
Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
-33shy
b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
-34shy
subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
-35shy
excess cf S [to be 15 of bid price for the removal work excluding
activities in connection with the Anchor Tank materials] cr fifteen
percent (15) of Respondents costs incurred in the performance of
the removal activities unrelated to the Anchor Tank Materials
whichever is greater EPA agrees to notify Respondents of its
intention to enlarge or materially change the scope andor costs of
EPAs planned oversight activities and to provide Respondents with an
opportunity to discuss with EPA any such changes At the conclusion
cf the activities to be conducted under this Order ZPA will submit
to Respondents an accc-rtirc cf all oversight costs incurred by the
US government with respect to this Consent Order Subject to the
dispute resolution prcvisicn as provided in paragraph 30 herein
espc-dc-- shall bull-bull-r n 20 calendar days of receipt of that
jcc-nt bull= remit ^ co t ic-j c eck for the amount of those costs
-ade ray-cle to the bullbullbullJr~z r-bstance Superfunu Checks shall
pecif itally ref erc-nco bull ne identity of tie Site and be addressed to
US r-v r-crtul Protection Agency Hazardous S-ostances Supcrfurd PO Box 2710C3 V Pittsburg- PA 15251
A copy cf the transmittal letter shall be provided to the EPA Project
Coordinator
18 Observation of Respondents Field Activities Subject to
Respondents right to access to the Site as provided in paragraph 21
herein Respondents shall allow EPAs Project Coordinator and other
EPA employees agents consultants contractors and authorized
representatives to enter and move about the Site at allreasonable
times including but not limited to any time that work is being
-9shy
carried out pursuant to this Consent Order for the purpose of
inspecting and observing progress in implementing the activities
pursuant to this Concent Order and for the purpose cf verifying the
data submitted to EPA Respondents shall permit such persons to
record ail field activities by means of photographic or other
recording equipment and to inspect and copy all records documents
and other writings which in any way pertain to work undertaken
pursuant to this Consent Order
19 Engagement cf a Response Action Contractor Within seven
(7) cays of the effective date of this Consent Order Respondents
shall engage a qualified and experienced Response Action Contractor
(Contractor) to perform the removal activities set forth in the
Sccce cf Acr (Attac--r-rt A) All work performed by said Contractor
pur-_jrt bull this Ccrj bullbullbull-_ Orcic- shall be under the general direction
and cpervision of a bull_ lificc professional with expertise in
raz^rdc-js waste site -vest ijjtion and clean-up The contractual
lt=G- -r-ert etween bull-bullc-J-ib ^nd the Contractor shall require the
Ccr-ractcr as a cere it r- successful performance of the contract
to perform the Work Activities consistent with the provisions cf this
Consent Order Written notice of the engagement of the Contractor
shall be provided to EPA within five (5) days of such engagement and
a copy of the Respondents contract with the Contractor including a
statement of qualifications and identification of project personnel
shall be provided to EPA at that time Respondents shall notify EPA
regarding the identity and qualifications of any additioial
subcontractors and their key personnel at least fcurteen (14) days
prior to the Subcontractors commencement of Site work EPA shall
-10shy
have the right to disapprove based upon professional qualification
any Contractor or person engaged by Respondents to conduct Activities
under this Consent Order
20 Designation of Project Coordinator Seven (7) days after
the effective date of this Consent Order EPA and Respondents shall
each designate their own respective Project Coordinator Each
Project Coordinator shall be responsible for overseeing the
implementation of this Consent Order Any permanent change in the
designated Project Coordinator of either EPA or Respondents shall be
accomplished by sendiro written notice to either party The absence
of the EPA Project Coordinator from the Site shall not be the cause
for the stoppage of worlt unless the EPA Project Coordinator specifies
wcrlt o be jcccrpiiir--i inly when he or she is present
21 Site Accr- To -he extent that this Consent Order
requrr-- access to p~rerty ether than that already owned by the
esc-Jc-t j the Peso- ientc shall use their best efforts to obtain
ste jccoiis agreeron - rrcrr -he owners cf the Site ard any other
property wnich is ncccr-ry to successfully perform the activities
described ir this Consent Order within ten (10) cays after the
execution of this Consent Order by all parties Such agreements
shall provide to EPA its designated coordinator and its agents
employees authorized representatives and contractors reasonable
access to the Site for the purpose of overseeing Respondents
implementation of this Consent Order In the event that Respondents
conclude they are unable to obtain a necessary site access agreement
within the referenced time Respondents shall immediately notify EPA
in writing and shall include in such notification a description of
-11shy
che efforts made by Respondents to obtain the necessary access and
the reasons for their inability to obtain such access A delay in
performance of the Removal Activities which results from the
inability to secure such site access shall constitute an excusable
delay for the purposes of paragraph 32 if the cause of such inability
is not within the control of Respondents
22 Creation of Danger Upon obtaining information concerning
the occurrence of any event during the Removal Activities that causes
or threatens a release of hazardous substances from the Site or that
threatens public health welfare or the environment Respondents
snail notify within twenty-four (24) hours the EPA Project
Coordinator or in the event of his or her unavailability shall
notify wthin the sarro -werty-f cur (24) hour period the Ererccncy
Sest-orDe rit 3egr United States Environmental Protection
Agency -etting forth bull re events that occurred and the measures taken
and 10 bo -^ken if appr - pr e to mitigate any harrr caused or
nreat-bullo-j by the event raquo-d to prevent the reoccurrence cf such an
event Respondents crall have no obligations under this Order to
jndertake reasures to rritigate any such event not related to their
performance of the Removal Activities Regardless of whether or not
such a report is made to EPA if EPA determines that activities
undertaken in connection with this Consent Order have caused or may
cause a threat to on-site personnel or to the public health or
welfare or to the environment EPA may (a) order Respondents to stop
further implementation of this Consent Order for such period of time
-12shy
as may be needed to abate any such release or threat anderr (b)
undertake any actions which EPA determines are necessary to abate
such threat
23 Availability of Data Respondents shall submit to EPA the
results of all sampling andor tests and all other data generated by
Respondents by the Contractor or on Respondents behalf in the
course of implementing this Consent Order in its Progress Reports or
other Reports as described in the Work Plan or in this Consent Order
24 Record Preservation Respondents shall preserve during
tre pendency of this Consent Order and for a period of net less than
six (6) years after ecrrpletirg the work required by this Consent
Order all records arc icc--erts in their possession cr in the
c jsres rr f their ccucrse Action Contractor which relate in any
-ay z -bullbullgt --rfcrrar -ltbull i-e vork Plan cr this Consent Crccr
rotw irct-rcirg any cc-rc-i retention policy to the contrary After
bull nis - bull bullbull= perirj Pospc- Jc-its nay request in writing perrrisjion
bull jeer_y -ry sucr bullbull-bullgtrcc r docurrcr^3 This requort shall be
accrc-rci by a eery iris Consent Order and shall be rent by
certified rail return receipt requested to the following address
Robert A DiBiccaro Acting Regional Counsel (or the current Regional Counsel) US Environmental Protection Agency JFK Federal Building Rm 2203 Boston Massachusetts 02203
Within sixty (60) days of receipt of a request by Respondents to
destroy any or all such records or documents EPA will notify
Respondents whether such request has been granted or denied If EPA
denies such request Respondents shall make available to EPA such
-13shy
records and documents or copies of any such records and documents and
all obligations of Respondents to preserve records pursuant to this
Consent Order shall cease EPAs failure to respond to Respondents
request within the time period specified herein shall be deemed an
approval of said request and all obligations of Respondents to
preserve records pursuant to this Consent Order shall cease
Notwithstanding the terms of this paragraph Respondents do not waive
their rights to assert any privileges which may be applicable to such
records and documents
25 Place and Varrer of Notice Communications between
Respondents and EPA and all documents including reports approvals
disapprovals written rctices and other correspondence to be
suomitted- pursuant - rris Ccrsent Order shall be sent by certified
raI return receipt bull queste-J or by courier to the Project
Coordinator at the ll_wirg address or such other addresses as
Respcrde-gt13 cr EPA gtro-fttr ray designate in writing
a Docurc--j three ccpies) to be submitted to EPA should
oe cct to
Ricnard Haworth EPA On-Scene Coordinator US Environmental Protection Agency New England Regional Laboratory 60 Westview Street Lexington MA 02173
and one copy to
Wayne M Robinson EPA Remedial Project Manager US Environmental Protection Agency Waste Management Division JFK Federal Building HSN Boston MA 02203
-14shy
b Documents (three copies) to be submitted to Respondents
should be sent to
(name and addresses of Respondents contractors)
26 Necessity of Formal Approval No informal advice
guidance suggestions or commerts by EPA regarding reports plans
specifications schedules or any other writing submitted by
Respondents shall be construed as relieving Respondents of their
obligation to obtain such formal approvals as may be required by this
Consent Order
27 Procedure for Sbrssicn of Deliverables to EPA All
deiiveraoles identified in Attachment A for submittal to EPA shall be
so delivered to EPA in accordance with the Schedule set forth in the
Scope -f Work Prior -0 receipt of final EPA approval any report
bullbullJDTbullbullbullbull to EPA for ipprvl shall be rarked Draft on each page
arc jr-all include n a prc~irent location in the document the
follcwir- isciarcr Thib Document is a DRAFT which has not
recebullbullbullbull-bull iral EPA -ppr --I EPA will review Reports in accordance
wtn pa-rcpns 28 ne Consent Order
28 Procedure fr Review Revision and Fiial Approval of
Reports All deliverables identified in the Scope of Worn
(Attachment A) and this Consent Order for delivery to EPA (Reports)
shall be so delivered to EPA in accordance with the schedules set
forth in the Scope of Work and this Consent Order EPA will review
the Reports to determine whether they are consistent with the
requirements of the Scope of Work and Work Schedule and this Consent
Order If EPA determines that revisions to a Report are necessary
EPA will notify Respondents of EPAs requested revisions and the
-15shy
parties will expeditiously confer to discuss such requested
revisions Respondents shall thereafter submit a draft of the
revised Report in accordance with a schedule for revision set by EPA
which is reasonable considering the nature and extent of the proposed
revisions and the time period which was initially available for
Respondent to produce an acceptable report If Respondents fail to
submit such a revised Report within the specified schedule the
provisions of paragraph 30 may be invoked by any party to this
Consent Order
29 Xodificatinn ~pound Consent Order and Scooe of Wrrk This
Consent Order may only oe -edified upon the written agreement of both
EPA by signature cf Seniorsal Administrator and the Respondents
The jpprcvec ork l^r -ay to -edified by Respondents eriy upon
written crc-orent rT ~y tre signature of the Massachusetts
Section Chief and ltbullrdc-rt3 except that if CERCLA or the NCP are
ane~Jed prur to trlt bull-bullbullbullr t f c t ion of the Respondents worlt
a c t i v i t i e s is prcvij- 3 - paragraph 39 EPA nay request a
modi f icaticr to the -bullbull lax cr develop new Work Plans but only to
the extent expressly rec-jired pursuant to said amencrents of CERCLA
or the NCP Respondents assent to such a request for modification
shall not be unreasonably withheld
30 Dispute Resolution If the Respondents object to any EPA
notice of disapproval or decision made pursuant to this Consent
Order the Respondents shall notify EPA in writing of its objections
within ten (10) days of receipt of the decision EPA and the
Respondents have seven (7) days from the receipt by EPA-of the
notification of objection to reach agreement If agreement cannot be
-16shy
reached on any issue within this seven (7) day period EPA shall
provide a written statement of its decision to the Respondents
Respondents shall commence implementation of the activities required
by the EPA decision within five (5) days of receipt of the decision
In the event that the Respondents do not implement the activities
required by the EPA dt-ision the EPA Regional Administrator may take
such civil enforcement action against Respondents as may be provided
by statutory or equitable authorities including but not limited to
the assessment of such civil penalties or damages as are authorized
oy Sections 106(b)(l) and 107 (c) (3) of CERCLA as amended
31 Delav in Perf^rmancStipulated Penalties For each day
that the Respondents fail to comply with any time deadline estashy
oiioned pursuant to TS Consent Order the Respondent shall pay the
jjrrs -ot rtn belcw _ -t_ted penalties
Per cf Fail rraquo ~- Ct-plv Penalty Per Dav
1st - 7th bull-- $ 2500 8th - 15th y lOOOGi eacr ~ay th--r- -rr 400000
Any pound-cn -enalty sn^ll lt Jj- and payable within ten ilO) cays cf the
receipt cf a written demand by EPA Payment of any such penalty
shall be made by certified crecK payable to the Hazardous Substances
Superfund and mailed to the following address with a notation of the
docket number of this Consent Order
US Environmental Protection Agency Hazardous Substance Superfund P 0 Box 371003 M Pittsburgh PA 15251
-17shy
Notice that such payment has been made shall be provided in writing
to the EPA Project Coordinator The stipulated penalties set forth
in this section do not preclude EPA from electing to pursue any other
remedies or sanctions which may be available to EPA by reason of the
Respondents violation of this Consent Order or the Respondents1
failure or refusal to comply with any of the requirements of this
Order except that EPA agrees that all civil penalties for failure to
comply with the time requirements established pursuant to this
Consent Order shall be limited to the amounts calculated under this
paragraph If Resporccrtr pay stipulated penalties for a specified
period of time for late ccrpliance and EPA subsequently recovers
additional fines cr penalties for the same period of late compliance
r court the fines ard pe- 11 es shall be reduced by the arount of
tre 5tp l-iec peral c-s r~- -degr that period of late corrpliamprce
32 Excuses fr ~lpoundv~ n Perfornaree With respect to
Sespcrcc-tc corcpli -ce wit jny interim or final time deadline set
fcrtr - tris Consent ltpoundbullbull including any iTpierrentatior scnecjles
ccr cai eo in plans ^prvcJ Lv EPA pursuant to paragraph 28 and with
respect to the penalty provisions of paragraph 31 no stipulated
penalties or other sanctions will be imposed for delay directly
caused by the following which could not have been overcome by
Respondents due care (i) any act of God (ii) any Order issued to
Respondents by EPA under the provisions of paragraph 22 provided
that such delay did not arise as the result of the performance of the
Removal Activities (iii) any delay which results from failure to
secure access to the Site if the cause of such failure is not within
the control of Respondents (iv) any delays caused by EPAs failure
-18shy
to complete in a timely manner its review of plans and reports (v)
any delay experienced by the operation of the dispute resolution
procedure set forth herein and (vi) any other cause beyond the
control of Respondents provided however that increases in the cost
of performance of the removal activities shall not excuse such
performance nor affect the applicability of the penalty provisions
andor other sanctions which are provided for under this Order Such
penalties and sanctions shall be avoided only if and only to the
extcrt that such delays rratcrially interfered with or prevented
Respondents executor of their responsibilities during the period of
sucr delay Respondents shall notify EPA within twenty-four (24)
hours ir the event -hat circumstances occur which Respondents assert
snc-lu rccr the -xcu-e provisions cf this paragraph and shall
oert fy bullraquo vr spec y -bull cause or causes of such delay and the
estrat-jj J-jratior -cr Jc-liy Failure to notify EPA shall result
r - waivo Resp- j- -t right to assert that the delay should be
egtcbullbullbull L -ccr -he bullbullbullbull-- -ris paragraph Jpon receipt cf such
rot ic^i cr EPA wll -iotc-rTiie whether the delay is appropriately
exc-icd jrcer this parucraph and shall soon notify Respondents
Respondents further agree to use their best efforts to minimize any
delay which may result Respondents acknowledge that they will have
the burden of justifying excuses for delay in performance under this
paragraph
-19shy
33 Waiver of Settlement Conference In consideration of the
conununi cat ions between EPA and Respondents prior to the issuance of
this Consent Order concerning its terms Respondents hereby agree
that there is no need for a settlement conference prior to the
effective date of the Consent Order
34 Civil Penalties for Non-Compliance Respondents are
advised that except as provided by paragraph 32 of this Order if
Respondents violate or fail or refuse to comply with this Consent
Order or any portion tf-oreof EPA reserves its rights pursuant to
Sections 106(b)(l) and 107(c)(3) of CERCLA as amended with respect
to the imposition of civil penalties and punitive damages
35 Confidentiality Clairs Respondents may assert a
confidentiality clair if appropriate covering all or part of the
nf crrat en request- J LY bull_- is Consent Order pursuant to 40 CFR
2203(L) Such an ace-er en shall be adequately substantiated when
bullhe deserticn is rrj-co eitr9r analytical data nor any information
poundccfc-j in Sectin 1 - lt- ) bull 7 ) ( F cf CERCLA as amended by SARA
snail oe claimed is c- ideniial by Respondent Information
determined to be confidential by EPA shall be afforded the protection
specified by 40 CFR Part 2 Subpart B and in Section 104(e)(7) of
CERCLA as amended by SARA If no such claim accompanies the
information when it is submitted to EPA it may be made available to
the public by EPA without further notice to Respondents
36 Liability of Respondents Response Action Contractor The
Response Action Contractor in connection with the activities set
forth in Attachment A hereto shall not be liable under -CERCLA or
under any other federal law to the United States Government for costs
-20shy
or damages which result from a release or threatened release of
hazardous substances or pollutants or contaminants provided that such
releases rr threatened release was not caused by conduct of the
Response Action Contractor which was negligent grossly negligent or
which constituted intentional misconduct Said Response Action
Contractor shall have the burden of demonstrating that such conduct
was not negligent grossly negligent or did not constitute
intentional misconduct Nothing in this paragraph shall affect the
liaoiiity of any person under any warranty under federal state or
corruTon law
37 Incernnif icat icn Respondents agree to indemnify and save
arc hole rarriess the Jrtec States Government its agencies
jep bull--bullbullbull z agens ffcerrgt employees and representatives from
jry -c ciairs r --bullbull_ f action arising from or cr account of
acts r -lesions z gtcc----z their officers employees agents
-bullco vo - bull r-jsteei i2s--_ r contractors in carrying cut the
-ct bullbullbull- L^rsuant bull bull rs -rpoundent Order
38 eccvery bull Cs ~ EPA reserves the right to bri-c an
action acairst Respcrcert pursuant to Section 107 of CERC1A for
recovery of costs incurred in oversight consistent with paragraph 17
herein administration and enforcement of this Consent Order and
any other past and future costs incurred by the United States
Government in connection with response activities conducted pursuant
to CERCLA at this Site
39 Certification of Respondents Performance of the Work
Activities Upon receipt by EPA of notice from Respondents that
they believe they have satisfied their obligations under the Work
-21shy
Plan and this Consent Order EPA shall determine if Respondents
have met all of their responsibilities under the Work Plan and
under the provisions cf this Consent Order Within twenty-one
(21) days after receipt of said notice EPA will either (a)
provide Respondents with a statement of all of their
responsibilities which EPA believes are still outstanding or (b)
certify to Respondents that their responsibilities under the Scope
or Work and under the provisions of this Consent Order have been
cotrpleteiy and successfully discharged and that the work performed
by Respondents pursuant to this Consent Order and the Scope cf
Aorlt is consistent with the NC
bull10 Covenant Sst to Sue and Contribution Protection In
ccroicerat cr of and pcr certification by EPA that Respondents have
ccTplc-toly Jird succ-r i^lly d5charged their responsibilities under
ti-e -or- Plan and j-J^r the provisions of this Consent Order as
provided -or in parr ph 33 herein EPA covenants not to s-e
Rerc rdct3 n any bdquobull v 1 cr viririst rat ive action for the performance
cf tre vcrK Plan bull v jec rcwcvcr such covenant not to sue does
not extend to any ether liabilities that may be associated with the
Site including but not limited to any other response actions that
have been or may be undertaken at the Site This covenant not to sue
becomes effective upon the issuance by EPA of the certification
provided in paragraph 39 Nothing in this paragraph shall preclude
EPA from enforcing the provisions of this Consent Order in any
judicial or administrative proceeding It is the intention and
understanding of the parties to this Consent Order that the
-22shy
protection from contribution claims as provided by Section 113(b)(2)
of CERC1A as amended applies to any claim with respect to
performance of the activities pursuant to the Work Plan
41 Credit for Expenditures made pursuant to this Order
A Upon certification that Respondents have discharged
their responsibilities pursuant to the Work Plan and under the
provisions of this Consent Order Respondents shall present EPA with
an accounting of (1) all costs incurred consistent with the NCP in
deveioprert of the Work Plan and in performance of the Work Plan and
the other activities required by this Consent Order those costs will
oe segregated into two categories costs specifically associated with
bullr-e Arcror Tank Materials and all other costs and (2) the amounts
paid by -acr Pespcrdc-rr n connection therewith EPA agrees that
bullaiJ gtbull_bullbull rall no rjt i bull--bull a penalty paid by the Respondents
3 With bull-bull_bull (20) cays of receipt of such accounting
~A w i l l approve all --sts jccr-nted for by Respondents which are
orr2-t with =uup jrapr -(I) (Approved Consent Order Costs)
per z^cr approval ~A ^are-_3 to reduc-3 the amount of response costs
wnich it will seek to recover from Respondents pursuant to CERCLA or
otherwise in connection with the Site according to the following
formula said response costs shall be reduced by the Approved
Consent Order costs incurred in performing the work activities
associated with the Anchor Tank materials and by the amount resulting
from multiplying the Approved Consent Order Costs other than those
associated with Anchor Tank Materials times the quantity one minus
the result of dividing the aggregate volume of the Respondents waste
by the total volume of waste sent to the Site The volumes for these
-23shy
calculations shall be taken from the Volumetric Sank List attached as
Appendix 3 to the Administrative Order by Consent Docket No
at the time of publication in the Federal Register
C In the event that any Respondent otherwise receives
credit for Approved Consent Order Costs through settlement or
litigation the credit amount calculated under subparagraph (b) for
all Respc-dents shall be reduced by the amount of the credit received
through these other channels Moreover this paragraph shall in no
way limit or affect EFAs right to seek joint and several liability
against Respondents in any court action for all damages arc ether
costs incurred or to be incurred by EPA at the Cannons Engineering
Corporation Site This reduction in EPAs response costs with
respect - the Site -rail affect only recovery of response costs from
-r-e rc-cp-T-i--nts arc r l iv -o way affect the right cf EPA to seek
cint and -everai l i a b i l i t y JPC recovery of all resporse costs from
potentially respcrciLlo parties other than Respondents
42 PAs Re-laquobullbullbullbullbullbull-bull -- -f Richts EPA expressly reserves all
tre right- and defevcvs tra- it may have including EPAs right to
disapprove of work prforrcd by Respondents and to request that
Respondents perform tasks in addition to those detailed in this
Consent Order In addition EPA reserves the right to undertake
removal andor remedial actions at any time and to perform any and
all portions of the Work Activities which Respondents have failed to
perform properly provided however that EPA agrees to use its best
efforts to avoid duplication of Respondents activitiesunder this
Order Except as otherwise limited by paragraphs 31 and 32 EPA
reserves any and all rights to take any enforcement action pursuant
-24shy
to CERCLA as amended by SARA andor any available legal authority
This Consent Orde- does not constitute any decision on the
preauthorization of funds under Section lll(a)(2) of CERCLA as
amended by SARA
43 Respondents Reservation of Rights The participation by
Respondents in entering into and carrying out the terms of this
Consent Order shall rct be considered an admission of liability for
any purpose Nor shall such actions or participation by Respondents
constitute a commitrort or agreement either express or ixpiied to
undertake further activities at the Site other than these necessary
to perferr the Remcvcl Activities in accordance with the Work Plan
and rris Ccnsent Order or to undertake any remedial actions at the
Site r-ctwi thstandir -ry finding conclusions or reccn-Terdat ions
-ace - crrecticn ~-- performance of the Work Plan Except as
exprezly ret fortr - trie Consent Order Respondents reserve all
rcr= -rey r-_ have- -o opprre or defend against any action or claim
o r c ~ r t j
bull ther Clbull mdash Nothirg in tris Consent Order snail
constitute or be ccrstrucd as a release or a covenant not to sue
regarding any claim cause of action or demand in law or equity
against any person firm trust joint venture partnership
corporation or other entity not a signatory to this Consent Order for
any liability it may have arising out of or relating in any way to
the generation storage treatment handling transportation
release or disposal of any hazardous substances hazardous wastes
pollutants or contaminants found at taken to or taken from the
Site EPA shall not be liable for any injuries or damages to persons
-25shy
or property resulting from actions or omissions of Respondents in
carryinc out the activities pursuant to this Consent Order nor shall
EPA be held as a party to or in any other way liable under any
contract entered into by Respondents or by the Response Action
Contractor in carrying out the activities pursuant to this Consent
Order Except as otherwise herein set forth or agreed this Consent
Order shall not estop or limit any legal or equitable claims of the
United States against Respondents their agents contractors or
assigns including but not limited to claims related to releases of
hazardous substances gtr other pollutants or contaminants
45 Other laws All actions required to be taken pursuant to
-his Consent Order snail be undertaken in accordance with the
recjirererts of all appi icabl-e state and federal laws and regulashy
ticrs rcl-cirg laws rolatira to occupational safety and health and
ctrer federal envi r rctul laws as defined in current EPA policy
Otfer agencies nclJc -he Occupational Safety and Health
-crir 12 ration lOSi- -rd bull e fish and Wildlife Service (FiWS) may
oe called jpon to rev-- rc ccndjct of work under this Consent
Order In the event ihat there is a conflict in the application of
federal or state laws cr regulations the more stringent of the
conflicting provisions shall apply
46 Notice to the State Pursuant to the requirements of
Section 121(f) and 104(b)(2) of CERCLA as amended by SARA EPA has
notified the Commonwealth of Massachusetts of the scope of the
Response Action the negotiations with the potentially responsible
parties and of the issuance of this Consent Order
-26shy
47 Notice to the Federal Natural Resource Trustee Pursuant
to Sections 122(j) of SARA EPA has notified the Federal Natural
Resource Trustee of the scope of the Response Action the negotiation
with the potentially responsible parties and of the issuance of this
Consent Order
48 Separate Documents This Consent Order may be executed in
two or more counterparts each of which shall be deemed an original
but all of which together shall constitute one and the same
instrument
49 Effective Dare This Consent Order shall be effective upon
the date cf Respondents1 receipt of notice of signature by the
Seccrai Administrate- All times for performance of activities
jrcer -5 Consent Crder shall be calculated from that date
IT S SO AJPEID AND 3IRID iV
bullcr-e P leiarc Date
-27shy
IT IS SO AGREED
Name of Respondent ACUSHNET COMPANY
By Dale M Shenk Vice President and Controller
Title
January T 8 8 Date
-28shy
IT IS SO AGREED AMERICAN C^AMID COMPANY
Name of Respondent
By A JsJ Costello
Executive Vice President Title
bulljruary 1D3S Date
-28shy
IT IS SO AGREES
AMERICAN NATIONAL CAN CORPORATION Name cf Respondent
By S1U4uJ [ampJUULL~-~AT LAW
JAMES BALLS bull_
Title
JAMASY 7Date
198B
laquo By his signature hereon Janes Seller certifies that he has authority to bind Respondent to the terms of this agreement
-28shy
IT IS SO AGREED
ATampT Technologies Inc Name of Respondent
By ATampT-Engineering Vice President
Title
Date
-28shy
0 A
IT IS SO A G R E E D
Name of Respondent
By John L Fox
General Manager Title
January 6 T968 Date
-28shy
IT IS SO AGREED
Name of R e s p o n d e n t ^-
CHAMBERLAIN MANUFACTURING CORPORATION
By
General Co Title
Jaruar- D a t e
1988
-28shy
IT IS 60 AGREED
Name of Respondent ^ t~poundr llS^eL
Byj Richard Barth
Preeident fc Chief Executive Officer Title
CIBA-GEIGY corporation January 6 1988
Date
-28shy
IT IS SO AGREED
Name of Respondent Earthline Company fsCA
By
Authorized Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent FAIRCHILD SEMICONDUCTOR CORPORATION
By C R Bostic
Its Representative Title
January 4 1986 Date
-28shy
IT IS SO AGREED
Name of Respondent Franklin Pumping Service Inc
By
J I J (President)
1788 Date
-28shy
IT IS SO AGREED
Name of Respondent General Dynamics Corporation
By
Daniel S Hapke Assistant General Counsel T i t l e
4 January 1988 Date
-28shy
IT 18 SO AGREED i
of Ropondtnt
By
-28shy
In the Matter of Cannons Engineering Corporation Administrative Order by Consent
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
Hoechst Celane^e Corporation
Heinz X HofmeistermdashVice President Title
-28shy
IT IS SO AGREED
Name of Respondent HoffaeM-La Bocht Inc
By EB Anderson Senior Viet Prttident
Title
-28shy
P3 ICIO UflWDGFT GO JMN 0 8
XT IS SO ACREEDi
of Respondent rrt
bullyi
Jlflua r v 7 shym
IT IS SO AGREED
Name of Respondent Interex^Corporation
By
Authorized Axteht Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent
By
January 13 1988 Date
Millipore CorporationWaters Associates
Senior Vice President Title
-28shy
Cannons Engineering Corporation Administrative Order by Consent Bridgewater Removal Action
IT IS SO AGREED
Name of Respondent MONSANTO COMPANY iIs
Ishy t- r S S rr- -w ~
By
ff Title
Dote
-28shy
E00 3pound
IT IS SO AGREED
Name of Respondent
By
-IVCL
pound1
Title
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
POLAROID CORPORATION
VICE PRESIDENT AND SECRETARY Title
-28shy
IT IS SO AGREED
Name of Respondent Re eyeling Industries Inc
By
Authorized Agent title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent TECH- gTCM
By
Title
Date
-28shy
ATTACHMENT A
BRIDGEWATER CANNONS ENGINEERING CORPORATION SITE CONSENT ORDER WORK PLAN
I Introduction and Purpose
The purpose of this Consent Order Work Plan is to identify
response actions to be taKen by Respondents of the Site pursuant to
the foregoing Consent Order
I1 Scooe of Work
1 The following are the removal activities required by the
Consent Order
a Renov3- cf XTas-cs The following waste materials shall
oe roTcvo^ frcn the jte poundrd properly disposed of in accordance with
ail applj^oie erv r crrort1 laws and regulations
apprcxirrateiy 400 five-gallon pails containing
waste -atoral from inside the Equipment Building
This -aterial was previously located irsice the box
trailers
approximately 400 less than five-gallon pails which
have had the contents removed into two 55-gallon
drums
approximately one drum full and one drum 34 full
which were generated from the emptying of the above
mentioned less than five-gallon containers
-29shy
approximately 350 containers of laboratory reagents
which were abandoned in the laboratory inside the
Equipment Building
a container approximately one pint in volume
containing an unknown liquid which is considered to
be shock sensitive and will be treated as such
one five-gallon pail of bulked laboratory samples
one three-gallon pail of bulked laboratory samples
approximately 1000 gallons of aqueous waste
material contained in above-ground storage
containers which include less than 10 partially
filled druTs one dumpster and one tank trailer
appr- xiTately 25000 gallons of aqueous waste
material crrtained in the underground tanks
app r bull IT -ic-ly 500 gallons of waste oil determined
to contain a CB content of less than 2 parts per
appr c bull irrately two 55 gallon drums of materials
scraped from trailer bottoms
approximately two 55 gallon drums of contaminated
sorbent material from the equipment building floor
contaminated soil from opening area not to exceed
20 cubic yards
one 55 gallon drum approximately three-quarters
full of contaminated lab water from on-site
laboratory used during initial EPA removal
activities and
-30shy
approximately seventy-five 30 gallon garbage bags
containing contaminated protective clothing and
sampling implements
b Transportation of Wastes All of the above-described
wastes will be transported in accordance with all applicaole laws and
regulations including but not limited to all Department of
Transportation (DOT) regulations Additionally all containers
shipped off site and all vehicles carrying these containers will be
properly and completely labeled and placarded in accordance with all
applicable laws and regulations
c Disposal cf Wastes The Respondents shall make all
arrangerents necessary 10 accomplish the proper disposal of all of
the ebcve-cescribed wastes This shall include making available
disprsol perscrrel frr- -e selected disposal facility as needed to
ass-re hat the pack- J-TC snipping methods used meet the disposal
f a c i l i t y specifications f~r acceptance of wastes For elt ch waste
r-aterial ~z oe rencve-j ircr tre site the Respondents shall indicate
befcrc the waste is rerrcved frcrr the site the method of disposal the
name(s) of the facilityiies) to be utilized the compliance status of
the facility(ies) to be utilized the name(s) of transporter(s) to be
utilized the method of transport for each waste and the packaging
to be utilized
d Record of Disposal The Respondents shall provide EPA
with all paperwork documenting the location of all wastes that leave
the site This shall include all temporary storage facilities that
may be utilized before the waste reaches its final destination for
disposal All wastes removed from the site will be pursuant to an
-31shy
appropriate Hazardous Waste Manifest EPAs On-Scene Coordinator
will sign each manifest relating to the Anchor Tank material so as to
indicate that EPA is the generator of the Anchor Tank material being
removed from the site For all wastes that leave the site the
Respondents will supply information to include but not be limited
to the date of arrival and departure of each waste to or from each
facility a list of all wastes in question and the signature of the
company representative who accepted the wastes in question
Additionally for any waste that is incinerated or otherwise
destroyed the Respondents shall provide certification by a company
official of the facility destroying the waste that the waste was
ndeed destroyed ard by what nethod it was destroyed
e Site Postcraticn Before final demobilization the
^espcrv-- 3 shall restore the site to an acceptable degree This
-bullill ircl-de assur-rce tl-at no trash or waste materials or equipment
associated with any rf the removal activities is left on site Any
~aterjl including soil which has not been contaminated by site
rperatiors shall be returned to its original location
2 The following activities shall also be performed by
Respondents to fulfill the objectives of the Response Action
a Work Plan The Respondents shall prepare a Work Plan
consisting of all activities and subtasks The Work Plan shall
identify all deliverables to be produced during the Work Activities
including timetables for performance of the Work Activities and
production of the deliverables The Work Plan shall identify each
previously identified waste material to be removed from the site and
the Quality Assurance and Quality Control to be used during Work
-32shy
Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
-33shy
b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
-34shy
subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
-35shy
carried out pursuant to this Consent Order for the purpose of
inspecting and observing progress in implementing the activities
pursuant to this Concent Order and for the purpose cf verifying the
data submitted to EPA Respondents shall permit such persons to
record ail field activities by means of photographic or other
recording equipment and to inspect and copy all records documents
and other writings which in any way pertain to work undertaken
pursuant to this Consent Order
19 Engagement cf a Response Action Contractor Within seven
(7) cays of the effective date of this Consent Order Respondents
shall engage a qualified and experienced Response Action Contractor
(Contractor) to perform the removal activities set forth in the
Sccce cf Acr (Attac--r-rt A) All work performed by said Contractor
pur-_jrt bull this Ccrj bullbullbull-_ Orcic- shall be under the general direction
and cpervision of a bull_ lificc professional with expertise in
raz^rdc-js waste site -vest ijjtion and clean-up The contractual
lt=G- -r-ert etween bull-bullc-J-ib ^nd the Contractor shall require the
Ccr-ractcr as a cere it r- successful performance of the contract
to perform the Work Activities consistent with the provisions cf this
Consent Order Written notice of the engagement of the Contractor
shall be provided to EPA within five (5) days of such engagement and
a copy of the Respondents contract with the Contractor including a
statement of qualifications and identification of project personnel
shall be provided to EPA at that time Respondents shall notify EPA
regarding the identity and qualifications of any additioial
subcontractors and their key personnel at least fcurteen (14) days
prior to the Subcontractors commencement of Site work EPA shall
-10shy
have the right to disapprove based upon professional qualification
any Contractor or person engaged by Respondents to conduct Activities
under this Consent Order
20 Designation of Project Coordinator Seven (7) days after
the effective date of this Consent Order EPA and Respondents shall
each designate their own respective Project Coordinator Each
Project Coordinator shall be responsible for overseeing the
implementation of this Consent Order Any permanent change in the
designated Project Coordinator of either EPA or Respondents shall be
accomplished by sendiro written notice to either party The absence
of the EPA Project Coordinator from the Site shall not be the cause
for the stoppage of worlt unless the EPA Project Coordinator specifies
wcrlt o be jcccrpiiir--i inly when he or she is present
21 Site Accr- To -he extent that this Consent Order
requrr-- access to p~rerty ether than that already owned by the
esc-Jc-t j the Peso- ientc shall use their best efforts to obtain
ste jccoiis agreeron - rrcrr -he owners cf the Site ard any other
property wnich is ncccr-ry to successfully perform the activities
described ir this Consent Order within ten (10) cays after the
execution of this Consent Order by all parties Such agreements
shall provide to EPA its designated coordinator and its agents
employees authorized representatives and contractors reasonable
access to the Site for the purpose of overseeing Respondents
implementation of this Consent Order In the event that Respondents
conclude they are unable to obtain a necessary site access agreement
within the referenced time Respondents shall immediately notify EPA
in writing and shall include in such notification a description of
-11shy
che efforts made by Respondents to obtain the necessary access and
the reasons for their inability to obtain such access A delay in
performance of the Removal Activities which results from the
inability to secure such site access shall constitute an excusable
delay for the purposes of paragraph 32 if the cause of such inability
is not within the control of Respondents
22 Creation of Danger Upon obtaining information concerning
the occurrence of any event during the Removal Activities that causes
or threatens a release of hazardous substances from the Site or that
threatens public health welfare or the environment Respondents
snail notify within twenty-four (24) hours the EPA Project
Coordinator or in the event of his or her unavailability shall
notify wthin the sarro -werty-f cur (24) hour period the Ererccncy
Sest-orDe rit 3egr United States Environmental Protection
Agency -etting forth bull re events that occurred and the measures taken
and 10 bo -^ken if appr - pr e to mitigate any harrr caused or
nreat-bullo-j by the event raquo-d to prevent the reoccurrence cf such an
event Respondents crall have no obligations under this Order to
jndertake reasures to rritigate any such event not related to their
performance of the Removal Activities Regardless of whether or not
such a report is made to EPA if EPA determines that activities
undertaken in connection with this Consent Order have caused or may
cause a threat to on-site personnel or to the public health or
welfare or to the environment EPA may (a) order Respondents to stop
further implementation of this Consent Order for such period of time
-12shy
as may be needed to abate any such release or threat anderr (b)
undertake any actions which EPA determines are necessary to abate
such threat
23 Availability of Data Respondents shall submit to EPA the
results of all sampling andor tests and all other data generated by
Respondents by the Contractor or on Respondents behalf in the
course of implementing this Consent Order in its Progress Reports or
other Reports as described in the Work Plan or in this Consent Order
24 Record Preservation Respondents shall preserve during
tre pendency of this Consent Order and for a period of net less than
six (6) years after ecrrpletirg the work required by this Consent
Order all records arc icc--erts in their possession cr in the
c jsres rr f their ccucrse Action Contractor which relate in any
-ay z -bullbullgt --rfcrrar -ltbull i-e vork Plan cr this Consent Crccr
rotw irct-rcirg any cc-rc-i retention policy to the contrary After
bull nis - bull bullbull= perirj Pospc- Jc-its nay request in writing perrrisjion
bull jeer_y -ry sucr bullbull-bullgtrcc r docurrcr^3 This requort shall be
accrc-rci by a eery iris Consent Order and shall be rent by
certified rail return receipt requested to the following address
Robert A DiBiccaro Acting Regional Counsel (or the current Regional Counsel) US Environmental Protection Agency JFK Federal Building Rm 2203 Boston Massachusetts 02203
Within sixty (60) days of receipt of a request by Respondents to
destroy any or all such records or documents EPA will notify
Respondents whether such request has been granted or denied If EPA
denies such request Respondents shall make available to EPA such
-13shy
records and documents or copies of any such records and documents and
all obligations of Respondents to preserve records pursuant to this
Consent Order shall cease EPAs failure to respond to Respondents
request within the time period specified herein shall be deemed an
approval of said request and all obligations of Respondents to
preserve records pursuant to this Consent Order shall cease
Notwithstanding the terms of this paragraph Respondents do not waive
their rights to assert any privileges which may be applicable to such
records and documents
25 Place and Varrer of Notice Communications between
Respondents and EPA and all documents including reports approvals
disapprovals written rctices and other correspondence to be
suomitted- pursuant - rris Ccrsent Order shall be sent by certified
raI return receipt bull queste-J or by courier to the Project
Coordinator at the ll_wirg address or such other addresses as
Respcrde-gt13 cr EPA gtro-fttr ray designate in writing
a Docurc--j three ccpies) to be submitted to EPA should
oe cct to
Ricnard Haworth EPA On-Scene Coordinator US Environmental Protection Agency New England Regional Laboratory 60 Westview Street Lexington MA 02173
and one copy to
Wayne M Robinson EPA Remedial Project Manager US Environmental Protection Agency Waste Management Division JFK Federal Building HSN Boston MA 02203
-14shy
b Documents (three copies) to be submitted to Respondents
should be sent to
(name and addresses of Respondents contractors)
26 Necessity of Formal Approval No informal advice
guidance suggestions or commerts by EPA regarding reports plans
specifications schedules or any other writing submitted by
Respondents shall be construed as relieving Respondents of their
obligation to obtain such formal approvals as may be required by this
Consent Order
27 Procedure for Sbrssicn of Deliverables to EPA All
deiiveraoles identified in Attachment A for submittal to EPA shall be
so delivered to EPA in accordance with the Schedule set forth in the
Scope -f Work Prior -0 receipt of final EPA approval any report
bullbullJDTbullbullbullbull to EPA for ipprvl shall be rarked Draft on each page
arc jr-all include n a prc~irent location in the document the
follcwir- isciarcr Thib Document is a DRAFT which has not
recebullbullbullbull-bull iral EPA -ppr --I EPA will review Reports in accordance
wtn pa-rcpns 28 ne Consent Order
28 Procedure fr Review Revision and Fiial Approval of
Reports All deliverables identified in the Scope of Worn
(Attachment A) and this Consent Order for delivery to EPA (Reports)
shall be so delivered to EPA in accordance with the schedules set
forth in the Scope of Work and this Consent Order EPA will review
the Reports to determine whether they are consistent with the
requirements of the Scope of Work and Work Schedule and this Consent
Order If EPA determines that revisions to a Report are necessary
EPA will notify Respondents of EPAs requested revisions and the
-15shy
parties will expeditiously confer to discuss such requested
revisions Respondents shall thereafter submit a draft of the
revised Report in accordance with a schedule for revision set by EPA
which is reasonable considering the nature and extent of the proposed
revisions and the time period which was initially available for
Respondent to produce an acceptable report If Respondents fail to
submit such a revised Report within the specified schedule the
provisions of paragraph 30 may be invoked by any party to this
Consent Order
29 Xodificatinn ~pound Consent Order and Scooe of Wrrk This
Consent Order may only oe -edified upon the written agreement of both
EPA by signature cf Seniorsal Administrator and the Respondents
The jpprcvec ork l^r -ay to -edified by Respondents eriy upon
written crc-orent rT ~y tre signature of the Massachusetts
Section Chief and ltbullrdc-rt3 except that if CERCLA or the NCP are
ane~Jed prur to trlt bull-bullbullbullr t f c t ion of the Respondents worlt
a c t i v i t i e s is prcvij- 3 - paragraph 39 EPA nay request a
modi f icaticr to the -bullbull lax cr develop new Work Plans but only to
the extent expressly rec-jired pursuant to said amencrents of CERCLA
or the NCP Respondents assent to such a request for modification
shall not be unreasonably withheld
30 Dispute Resolution If the Respondents object to any EPA
notice of disapproval or decision made pursuant to this Consent
Order the Respondents shall notify EPA in writing of its objections
within ten (10) days of receipt of the decision EPA and the
Respondents have seven (7) days from the receipt by EPA-of the
notification of objection to reach agreement If agreement cannot be
-16shy
reached on any issue within this seven (7) day period EPA shall
provide a written statement of its decision to the Respondents
Respondents shall commence implementation of the activities required
by the EPA decision within five (5) days of receipt of the decision
In the event that the Respondents do not implement the activities
required by the EPA dt-ision the EPA Regional Administrator may take
such civil enforcement action against Respondents as may be provided
by statutory or equitable authorities including but not limited to
the assessment of such civil penalties or damages as are authorized
oy Sections 106(b)(l) and 107 (c) (3) of CERCLA as amended
31 Delav in Perf^rmancStipulated Penalties For each day
that the Respondents fail to comply with any time deadline estashy
oiioned pursuant to TS Consent Order the Respondent shall pay the
jjrrs -ot rtn belcw _ -t_ted penalties
Per cf Fail rraquo ~- Ct-plv Penalty Per Dav
1st - 7th bull-- $ 2500 8th - 15th y lOOOGi eacr ~ay th--r- -rr 400000
Any pound-cn -enalty sn^ll lt Jj- and payable within ten ilO) cays cf the
receipt cf a written demand by EPA Payment of any such penalty
shall be made by certified crecK payable to the Hazardous Substances
Superfund and mailed to the following address with a notation of the
docket number of this Consent Order
US Environmental Protection Agency Hazardous Substance Superfund P 0 Box 371003 M Pittsburgh PA 15251
-17shy
Notice that such payment has been made shall be provided in writing
to the EPA Project Coordinator The stipulated penalties set forth
in this section do not preclude EPA from electing to pursue any other
remedies or sanctions which may be available to EPA by reason of the
Respondents violation of this Consent Order or the Respondents1
failure or refusal to comply with any of the requirements of this
Order except that EPA agrees that all civil penalties for failure to
comply with the time requirements established pursuant to this
Consent Order shall be limited to the amounts calculated under this
paragraph If Resporccrtr pay stipulated penalties for a specified
period of time for late ccrpliance and EPA subsequently recovers
additional fines cr penalties for the same period of late compliance
r court the fines ard pe- 11 es shall be reduced by the arount of
tre 5tp l-iec peral c-s r~- -degr that period of late corrpliamprce
32 Excuses fr ~lpoundv~ n Perfornaree With respect to
Sespcrcc-tc corcpli -ce wit jny interim or final time deadline set
fcrtr - tris Consent ltpoundbullbull including any iTpierrentatior scnecjles
ccr cai eo in plans ^prvcJ Lv EPA pursuant to paragraph 28 and with
respect to the penalty provisions of paragraph 31 no stipulated
penalties or other sanctions will be imposed for delay directly
caused by the following which could not have been overcome by
Respondents due care (i) any act of God (ii) any Order issued to
Respondents by EPA under the provisions of paragraph 22 provided
that such delay did not arise as the result of the performance of the
Removal Activities (iii) any delay which results from failure to
secure access to the Site if the cause of such failure is not within
the control of Respondents (iv) any delays caused by EPAs failure
-18shy
to complete in a timely manner its review of plans and reports (v)
any delay experienced by the operation of the dispute resolution
procedure set forth herein and (vi) any other cause beyond the
control of Respondents provided however that increases in the cost
of performance of the removal activities shall not excuse such
performance nor affect the applicability of the penalty provisions
andor other sanctions which are provided for under this Order Such
penalties and sanctions shall be avoided only if and only to the
extcrt that such delays rratcrially interfered with or prevented
Respondents executor of their responsibilities during the period of
sucr delay Respondents shall notify EPA within twenty-four (24)
hours ir the event -hat circumstances occur which Respondents assert
snc-lu rccr the -xcu-e provisions cf this paragraph and shall
oert fy bullraquo vr spec y -bull cause or causes of such delay and the
estrat-jj J-jratior -cr Jc-liy Failure to notify EPA shall result
r - waivo Resp- j- -t right to assert that the delay should be
egtcbullbullbull L -ccr -he bullbullbullbull-- -ris paragraph Jpon receipt cf such
rot ic^i cr EPA wll -iotc-rTiie whether the delay is appropriately
exc-icd jrcer this parucraph and shall soon notify Respondents
Respondents further agree to use their best efforts to minimize any
delay which may result Respondents acknowledge that they will have
the burden of justifying excuses for delay in performance under this
paragraph
-19shy
33 Waiver of Settlement Conference In consideration of the
conununi cat ions between EPA and Respondents prior to the issuance of
this Consent Order concerning its terms Respondents hereby agree
that there is no need for a settlement conference prior to the
effective date of the Consent Order
34 Civil Penalties for Non-Compliance Respondents are
advised that except as provided by paragraph 32 of this Order if
Respondents violate or fail or refuse to comply with this Consent
Order or any portion tf-oreof EPA reserves its rights pursuant to
Sections 106(b)(l) and 107(c)(3) of CERCLA as amended with respect
to the imposition of civil penalties and punitive damages
35 Confidentiality Clairs Respondents may assert a
confidentiality clair if appropriate covering all or part of the
nf crrat en request- J LY bull_- is Consent Order pursuant to 40 CFR
2203(L) Such an ace-er en shall be adequately substantiated when
bullhe deserticn is rrj-co eitr9r analytical data nor any information
poundccfc-j in Sectin 1 - lt- ) bull 7 ) ( F cf CERCLA as amended by SARA
snail oe claimed is c- ideniial by Respondent Information
determined to be confidential by EPA shall be afforded the protection
specified by 40 CFR Part 2 Subpart B and in Section 104(e)(7) of
CERCLA as amended by SARA If no such claim accompanies the
information when it is submitted to EPA it may be made available to
the public by EPA without further notice to Respondents
36 Liability of Respondents Response Action Contractor The
Response Action Contractor in connection with the activities set
forth in Attachment A hereto shall not be liable under -CERCLA or
under any other federal law to the United States Government for costs
-20shy
or damages which result from a release or threatened release of
hazardous substances or pollutants or contaminants provided that such
releases rr threatened release was not caused by conduct of the
Response Action Contractor which was negligent grossly negligent or
which constituted intentional misconduct Said Response Action
Contractor shall have the burden of demonstrating that such conduct
was not negligent grossly negligent or did not constitute
intentional misconduct Nothing in this paragraph shall affect the
liaoiiity of any person under any warranty under federal state or
corruTon law
37 Incernnif icat icn Respondents agree to indemnify and save
arc hole rarriess the Jrtec States Government its agencies
jep bull--bullbullbull z agens ffcerrgt employees and representatives from
jry -c ciairs r --bullbull_ f action arising from or cr account of
acts r -lesions z gtcc----z their officers employees agents
-bullco vo - bull r-jsteei i2s--_ r contractors in carrying cut the
-ct bullbullbull- L^rsuant bull bull rs -rpoundent Order
38 eccvery bull Cs ~ EPA reserves the right to bri-c an
action acairst Respcrcert pursuant to Section 107 of CERC1A for
recovery of costs incurred in oversight consistent with paragraph 17
herein administration and enforcement of this Consent Order and
any other past and future costs incurred by the United States
Government in connection with response activities conducted pursuant
to CERCLA at this Site
39 Certification of Respondents Performance of the Work
Activities Upon receipt by EPA of notice from Respondents that
they believe they have satisfied their obligations under the Work
-21shy
Plan and this Consent Order EPA shall determine if Respondents
have met all of their responsibilities under the Work Plan and
under the provisions cf this Consent Order Within twenty-one
(21) days after receipt of said notice EPA will either (a)
provide Respondents with a statement of all of their
responsibilities which EPA believes are still outstanding or (b)
certify to Respondents that their responsibilities under the Scope
or Work and under the provisions of this Consent Order have been
cotrpleteiy and successfully discharged and that the work performed
by Respondents pursuant to this Consent Order and the Scope cf
Aorlt is consistent with the NC
bull10 Covenant Sst to Sue and Contribution Protection In
ccroicerat cr of and pcr certification by EPA that Respondents have
ccTplc-toly Jird succ-r i^lly d5charged their responsibilities under
ti-e -or- Plan and j-J^r the provisions of this Consent Order as
provided -or in parr ph 33 herein EPA covenants not to s-e
Rerc rdct3 n any bdquobull v 1 cr viririst rat ive action for the performance
cf tre vcrK Plan bull v jec rcwcvcr such covenant not to sue does
not extend to any ether liabilities that may be associated with the
Site including but not limited to any other response actions that
have been or may be undertaken at the Site This covenant not to sue
becomes effective upon the issuance by EPA of the certification
provided in paragraph 39 Nothing in this paragraph shall preclude
EPA from enforcing the provisions of this Consent Order in any
judicial or administrative proceeding It is the intention and
understanding of the parties to this Consent Order that the
-22shy
protection from contribution claims as provided by Section 113(b)(2)
of CERC1A as amended applies to any claim with respect to
performance of the activities pursuant to the Work Plan
41 Credit for Expenditures made pursuant to this Order
A Upon certification that Respondents have discharged
their responsibilities pursuant to the Work Plan and under the
provisions of this Consent Order Respondents shall present EPA with
an accounting of (1) all costs incurred consistent with the NCP in
deveioprert of the Work Plan and in performance of the Work Plan and
the other activities required by this Consent Order those costs will
oe segregated into two categories costs specifically associated with
bullr-e Arcror Tank Materials and all other costs and (2) the amounts
paid by -acr Pespcrdc-rr n connection therewith EPA agrees that
bullaiJ gtbull_bullbull rall no rjt i bull--bull a penalty paid by the Respondents
3 With bull-bull_bull (20) cays of receipt of such accounting
~A w i l l approve all --sts jccr-nted for by Respondents which are
orr2-t with =uup jrapr -(I) (Approved Consent Order Costs)
per z^cr approval ~A ^are-_3 to reduc-3 the amount of response costs
wnich it will seek to recover from Respondents pursuant to CERCLA or
otherwise in connection with the Site according to the following
formula said response costs shall be reduced by the Approved
Consent Order costs incurred in performing the work activities
associated with the Anchor Tank materials and by the amount resulting
from multiplying the Approved Consent Order Costs other than those
associated with Anchor Tank Materials times the quantity one minus
the result of dividing the aggregate volume of the Respondents waste
by the total volume of waste sent to the Site The volumes for these
-23shy
calculations shall be taken from the Volumetric Sank List attached as
Appendix 3 to the Administrative Order by Consent Docket No
at the time of publication in the Federal Register
C In the event that any Respondent otherwise receives
credit for Approved Consent Order Costs through settlement or
litigation the credit amount calculated under subparagraph (b) for
all Respc-dents shall be reduced by the amount of the credit received
through these other channels Moreover this paragraph shall in no
way limit or affect EFAs right to seek joint and several liability
against Respondents in any court action for all damages arc ether
costs incurred or to be incurred by EPA at the Cannons Engineering
Corporation Site This reduction in EPAs response costs with
respect - the Site -rail affect only recovery of response costs from
-r-e rc-cp-T-i--nts arc r l iv -o way affect the right cf EPA to seek
cint and -everai l i a b i l i t y JPC recovery of all resporse costs from
potentially respcrciLlo parties other than Respondents
42 PAs Re-laquobullbullbullbullbullbull-bull -- -f Richts EPA expressly reserves all
tre right- and defevcvs tra- it may have including EPAs right to
disapprove of work prforrcd by Respondents and to request that
Respondents perform tasks in addition to those detailed in this
Consent Order In addition EPA reserves the right to undertake
removal andor remedial actions at any time and to perform any and
all portions of the Work Activities which Respondents have failed to
perform properly provided however that EPA agrees to use its best
efforts to avoid duplication of Respondents activitiesunder this
Order Except as otherwise limited by paragraphs 31 and 32 EPA
reserves any and all rights to take any enforcement action pursuant
-24shy
to CERCLA as amended by SARA andor any available legal authority
This Consent Orde- does not constitute any decision on the
preauthorization of funds under Section lll(a)(2) of CERCLA as
amended by SARA
43 Respondents Reservation of Rights The participation by
Respondents in entering into and carrying out the terms of this
Consent Order shall rct be considered an admission of liability for
any purpose Nor shall such actions or participation by Respondents
constitute a commitrort or agreement either express or ixpiied to
undertake further activities at the Site other than these necessary
to perferr the Remcvcl Activities in accordance with the Work Plan
and rris Ccnsent Order or to undertake any remedial actions at the
Site r-ctwi thstandir -ry finding conclusions or reccn-Terdat ions
-ace - crrecticn ~-- performance of the Work Plan Except as
exprezly ret fortr - trie Consent Order Respondents reserve all
rcr= -rey r-_ have- -o opprre or defend against any action or claim
o r c ~ r t j
bull ther Clbull mdash Nothirg in tris Consent Order snail
constitute or be ccrstrucd as a release or a covenant not to sue
regarding any claim cause of action or demand in law or equity
against any person firm trust joint venture partnership
corporation or other entity not a signatory to this Consent Order for
any liability it may have arising out of or relating in any way to
the generation storage treatment handling transportation
release or disposal of any hazardous substances hazardous wastes
pollutants or contaminants found at taken to or taken from the
Site EPA shall not be liable for any injuries or damages to persons
-25shy
or property resulting from actions or omissions of Respondents in
carryinc out the activities pursuant to this Consent Order nor shall
EPA be held as a party to or in any other way liable under any
contract entered into by Respondents or by the Response Action
Contractor in carrying out the activities pursuant to this Consent
Order Except as otherwise herein set forth or agreed this Consent
Order shall not estop or limit any legal or equitable claims of the
United States against Respondents their agents contractors or
assigns including but not limited to claims related to releases of
hazardous substances gtr other pollutants or contaminants
45 Other laws All actions required to be taken pursuant to
-his Consent Order snail be undertaken in accordance with the
recjirererts of all appi icabl-e state and federal laws and regulashy
ticrs rcl-cirg laws rolatira to occupational safety and health and
ctrer federal envi r rctul laws as defined in current EPA policy
Otfer agencies nclJc -he Occupational Safety and Health
-crir 12 ration lOSi- -rd bull e fish and Wildlife Service (FiWS) may
oe called jpon to rev-- rc ccndjct of work under this Consent
Order In the event ihat there is a conflict in the application of
federal or state laws cr regulations the more stringent of the
conflicting provisions shall apply
46 Notice to the State Pursuant to the requirements of
Section 121(f) and 104(b)(2) of CERCLA as amended by SARA EPA has
notified the Commonwealth of Massachusetts of the scope of the
Response Action the negotiations with the potentially responsible
parties and of the issuance of this Consent Order
-26shy
47 Notice to the Federal Natural Resource Trustee Pursuant
to Sections 122(j) of SARA EPA has notified the Federal Natural
Resource Trustee of the scope of the Response Action the negotiation
with the potentially responsible parties and of the issuance of this
Consent Order
48 Separate Documents This Consent Order may be executed in
two or more counterparts each of which shall be deemed an original
but all of which together shall constitute one and the same
instrument
49 Effective Dare This Consent Order shall be effective upon
the date cf Respondents1 receipt of notice of signature by the
Seccrai Administrate- All times for performance of activities
jrcer -5 Consent Crder shall be calculated from that date
IT S SO AJPEID AND 3IRID iV
bullcr-e P leiarc Date
-27shy
IT IS SO AGREED
Name of Respondent ACUSHNET COMPANY
By Dale M Shenk Vice President and Controller
Title
January T 8 8 Date
-28shy
IT IS SO AGREED AMERICAN C^AMID COMPANY
Name of Respondent
By A JsJ Costello
Executive Vice President Title
bulljruary 1D3S Date
-28shy
IT IS SO AGREES
AMERICAN NATIONAL CAN CORPORATION Name cf Respondent
By S1U4uJ [ampJUULL~-~AT LAW
JAMES BALLS bull_
Title
JAMASY 7Date
198B
laquo By his signature hereon Janes Seller certifies that he has authority to bind Respondent to the terms of this agreement
-28shy
IT IS SO AGREED
ATampT Technologies Inc Name of Respondent
By ATampT-Engineering Vice President
Title
Date
-28shy
0 A
IT IS SO A G R E E D
Name of Respondent
By John L Fox
General Manager Title
January 6 T968 Date
-28shy
IT IS SO AGREED
Name of R e s p o n d e n t ^-
CHAMBERLAIN MANUFACTURING CORPORATION
By
General Co Title
Jaruar- D a t e
1988
-28shy
IT IS 60 AGREED
Name of Respondent ^ t~poundr llS^eL
Byj Richard Barth
Preeident fc Chief Executive Officer Title
CIBA-GEIGY corporation January 6 1988
Date
-28shy
IT IS SO AGREED
Name of Respondent Earthline Company fsCA
By
Authorized Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent FAIRCHILD SEMICONDUCTOR CORPORATION
By C R Bostic
Its Representative Title
January 4 1986 Date
-28shy
IT IS SO AGREED
Name of Respondent Franklin Pumping Service Inc
By
J I J (President)
1788 Date
-28shy
IT IS SO AGREED
Name of Respondent General Dynamics Corporation
By
Daniel S Hapke Assistant General Counsel T i t l e
4 January 1988 Date
-28shy
IT 18 SO AGREED i
of Ropondtnt
By
-28shy
In the Matter of Cannons Engineering Corporation Administrative Order by Consent
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
Hoechst Celane^e Corporation
Heinz X HofmeistermdashVice President Title
-28shy
IT IS SO AGREED
Name of Respondent HoffaeM-La Bocht Inc
By EB Anderson Senior Viet Prttident
Title
-28shy
P3 ICIO UflWDGFT GO JMN 0 8
XT IS SO ACREEDi
of Respondent rrt
bullyi
Jlflua r v 7 shym
IT IS SO AGREED
Name of Respondent Interex^Corporation
By
Authorized Axteht Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent
By
January 13 1988 Date
Millipore CorporationWaters Associates
Senior Vice President Title
-28shy
Cannons Engineering Corporation Administrative Order by Consent Bridgewater Removal Action
IT IS SO AGREED
Name of Respondent MONSANTO COMPANY iIs
Ishy t- r S S rr- -w ~
By
ff Title
Dote
-28shy
E00 3pound
IT IS SO AGREED
Name of Respondent
By
-IVCL
pound1
Title
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
POLAROID CORPORATION
VICE PRESIDENT AND SECRETARY Title
-28shy
IT IS SO AGREED
Name of Respondent Re eyeling Industries Inc
By
Authorized Agent title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent TECH- gTCM
By
Title
Date
-28shy
ATTACHMENT A
BRIDGEWATER CANNONS ENGINEERING CORPORATION SITE CONSENT ORDER WORK PLAN
I Introduction and Purpose
The purpose of this Consent Order Work Plan is to identify
response actions to be taKen by Respondents of the Site pursuant to
the foregoing Consent Order
I1 Scooe of Work
1 The following are the removal activities required by the
Consent Order
a Renov3- cf XTas-cs The following waste materials shall
oe roTcvo^ frcn the jte poundrd properly disposed of in accordance with
ail applj^oie erv r crrort1 laws and regulations
apprcxirrateiy 400 five-gallon pails containing
waste -atoral from inside the Equipment Building
This -aterial was previously located irsice the box
trailers
approximately 400 less than five-gallon pails which
have had the contents removed into two 55-gallon
drums
approximately one drum full and one drum 34 full
which were generated from the emptying of the above
mentioned less than five-gallon containers
-29shy
approximately 350 containers of laboratory reagents
which were abandoned in the laboratory inside the
Equipment Building
a container approximately one pint in volume
containing an unknown liquid which is considered to
be shock sensitive and will be treated as such
one five-gallon pail of bulked laboratory samples
one three-gallon pail of bulked laboratory samples
approximately 1000 gallons of aqueous waste
material contained in above-ground storage
containers which include less than 10 partially
filled druTs one dumpster and one tank trailer
appr- xiTately 25000 gallons of aqueous waste
material crrtained in the underground tanks
app r bull IT -ic-ly 500 gallons of waste oil determined
to contain a CB content of less than 2 parts per
appr c bull irrately two 55 gallon drums of materials
scraped from trailer bottoms
approximately two 55 gallon drums of contaminated
sorbent material from the equipment building floor
contaminated soil from opening area not to exceed
20 cubic yards
one 55 gallon drum approximately three-quarters
full of contaminated lab water from on-site
laboratory used during initial EPA removal
activities and
-30shy
approximately seventy-five 30 gallon garbage bags
containing contaminated protective clothing and
sampling implements
b Transportation of Wastes All of the above-described
wastes will be transported in accordance with all applicaole laws and
regulations including but not limited to all Department of
Transportation (DOT) regulations Additionally all containers
shipped off site and all vehicles carrying these containers will be
properly and completely labeled and placarded in accordance with all
applicable laws and regulations
c Disposal cf Wastes The Respondents shall make all
arrangerents necessary 10 accomplish the proper disposal of all of
the ebcve-cescribed wastes This shall include making available
disprsol perscrrel frr- -e selected disposal facility as needed to
ass-re hat the pack- J-TC snipping methods used meet the disposal
f a c i l i t y specifications f~r acceptance of wastes For elt ch waste
r-aterial ~z oe rencve-j ircr tre site the Respondents shall indicate
befcrc the waste is rerrcved frcrr the site the method of disposal the
name(s) of the facilityiies) to be utilized the compliance status of
the facility(ies) to be utilized the name(s) of transporter(s) to be
utilized the method of transport for each waste and the packaging
to be utilized
d Record of Disposal The Respondents shall provide EPA
with all paperwork documenting the location of all wastes that leave
the site This shall include all temporary storage facilities that
may be utilized before the waste reaches its final destination for
disposal All wastes removed from the site will be pursuant to an
-31shy
appropriate Hazardous Waste Manifest EPAs On-Scene Coordinator
will sign each manifest relating to the Anchor Tank material so as to
indicate that EPA is the generator of the Anchor Tank material being
removed from the site For all wastes that leave the site the
Respondents will supply information to include but not be limited
to the date of arrival and departure of each waste to or from each
facility a list of all wastes in question and the signature of the
company representative who accepted the wastes in question
Additionally for any waste that is incinerated or otherwise
destroyed the Respondents shall provide certification by a company
official of the facility destroying the waste that the waste was
ndeed destroyed ard by what nethod it was destroyed
e Site Postcraticn Before final demobilization the
^espcrv-- 3 shall restore the site to an acceptable degree This
-bullill ircl-de assur-rce tl-at no trash or waste materials or equipment
associated with any rf the removal activities is left on site Any
~aterjl including soil which has not been contaminated by site
rperatiors shall be returned to its original location
2 The following activities shall also be performed by
Respondents to fulfill the objectives of the Response Action
a Work Plan The Respondents shall prepare a Work Plan
consisting of all activities and subtasks The Work Plan shall
identify all deliverables to be produced during the Work Activities
including timetables for performance of the Work Activities and
production of the deliverables The Work Plan shall identify each
previously identified waste material to be removed from the site and
the Quality Assurance and Quality Control to be used during Work
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Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
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b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
-34shy
subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
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have the right to disapprove based upon professional qualification
any Contractor or person engaged by Respondents to conduct Activities
under this Consent Order
20 Designation of Project Coordinator Seven (7) days after
the effective date of this Consent Order EPA and Respondents shall
each designate their own respective Project Coordinator Each
Project Coordinator shall be responsible for overseeing the
implementation of this Consent Order Any permanent change in the
designated Project Coordinator of either EPA or Respondents shall be
accomplished by sendiro written notice to either party The absence
of the EPA Project Coordinator from the Site shall not be the cause
for the stoppage of worlt unless the EPA Project Coordinator specifies
wcrlt o be jcccrpiiir--i inly when he or she is present
21 Site Accr- To -he extent that this Consent Order
requrr-- access to p~rerty ether than that already owned by the
esc-Jc-t j the Peso- ientc shall use their best efforts to obtain
ste jccoiis agreeron - rrcrr -he owners cf the Site ard any other
property wnich is ncccr-ry to successfully perform the activities
described ir this Consent Order within ten (10) cays after the
execution of this Consent Order by all parties Such agreements
shall provide to EPA its designated coordinator and its agents
employees authorized representatives and contractors reasonable
access to the Site for the purpose of overseeing Respondents
implementation of this Consent Order In the event that Respondents
conclude they are unable to obtain a necessary site access agreement
within the referenced time Respondents shall immediately notify EPA
in writing and shall include in such notification a description of
-11shy
che efforts made by Respondents to obtain the necessary access and
the reasons for their inability to obtain such access A delay in
performance of the Removal Activities which results from the
inability to secure such site access shall constitute an excusable
delay for the purposes of paragraph 32 if the cause of such inability
is not within the control of Respondents
22 Creation of Danger Upon obtaining information concerning
the occurrence of any event during the Removal Activities that causes
or threatens a release of hazardous substances from the Site or that
threatens public health welfare or the environment Respondents
snail notify within twenty-four (24) hours the EPA Project
Coordinator or in the event of his or her unavailability shall
notify wthin the sarro -werty-f cur (24) hour period the Ererccncy
Sest-orDe rit 3egr United States Environmental Protection
Agency -etting forth bull re events that occurred and the measures taken
and 10 bo -^ken if appr - pr e to mitigate any harrr caused or
nreat-bullo-j by the event raquo-d to prevent the reoccurrence cf such an
event Respondents crall have no obligations under this Order to
jndertake reasures to rritigate any such event not related to their
performance of the Removal Activities Regardless of whether or not
such a report is made to EPA if EPA determines that activities
undertaken in connection with this Consent Order have caused or may
cause a threat to on-site personnel or to the public health or
welfare or to the environment EPA may (a) order Respondents to stop
further implementation of this Consent Order for such period of time
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as may be needed to abate any such release or threat anderr (b)
undertake any actions which EPA determines are necessary to abate
such threat
23 Availability of Data Respondents shall submit to EPA the
results of all sampling andor tests and all other data generated by
Respondents by the Contractor or on Respondents behalf in the
course of implementing this Consent Order in its Progress Reports or
other Reports as described in the Work Plan or in this Consent Order
24 Record Preservation Respondents shall preserve during
tre pendency of this Consent Order and for a period of net less than
six (6) years after ecrrpletirg the work required by this Consent
Order all records arc icc--erts in their possession cr in the
c jsres rr f their ccucrse Action Contractor which relate in any
-ay z -bullbullgt --rfcrrar -ltbull i-e vork Plan cr this Consent Crccr
rotw irct-rcirg any cc-rc-i retention policy to the contrary After
bull nis - bull bullbull= perirj Pospc- Jc-its nay request in writing perrrisjion
bull jeer_y -ry sucr bullbull-bullgtrcc r docurrcr^3 This requort shall be
accrc-rci by a eery iris Consent Order and shall be rent by
certified rail return receipt requested to the following address
Robert A DiBiccaro Acting Regional Counsel (or the current Regional Counsel) US Environmental Protection Agency JFK Federal Building Rm 2203 Boston Massachusetts 02203
Within sixty (60) days of receipt of a request by Respondents to
destroy any or all such records or documents EPA will notify
Respondents whether such request has been granted or denied If EPA
denies such request Respondents shall make available to EPA such
-13shy
records and documents or copies of any such records and documents and
all obligations of Respondents to preserve records pursuant to this
Consent Order shall cease EPAs failure to respond to Respondents
request within the time period specified herein shall be deemed an
approval of said request and all obligations of Respondents to
preserve records pursuant to this Consent Order shall cease
Notwithstanding the terms of this paragraph Respondents do not waive
their rights to assert any privileges which may be applicable to such
records and documents
25 Place and Varrer of Notice Communications between
Respondents and EPA and all documents including reports approvals
disapprovals written rctices and other correspondence to be
suomitted- pursuant - rris Ccrsent Order shall be sent by certified
raI return receipt bull queste-J or by courier to the Project
Coordinator at the ll_wirg address or such other addresses as
Respcrde-gt13 cr EPA gtro-fttr ray designate in writing
a Docurc--j three ccpies) to be submitted to EPA should
oe cct to
Ricnard Haworth EPA On-Scene Coordinator US Environmental Protection Agency New England Regional Laboratory 60 Westview Street Lexington MA 02173
and one copy to
Wayne M Robinson EPA Remedial Project Manager US Environmental Protection Agency Waste Management Division JFK Federal Building HSN Boston MA 02203
-14shy
b Documents (three copies) to be submitted to Respondents
should be sent to
(name and addresses of Respondents contractors)
26 Necessity of Formal Approval No informal advice
guidance suggestions or commerts by EPA regarding reports plans
specifications schedules or any other writing submitted by
Respondents shall be construed as relieving Respondents of their
obligation to obtain such formal approvals as may be required by this
Consent Order
27 Procedure for Sbrssicn of Deliverables to EPA All
deiiveraoles identified in Attachment A for submittal to EPA shall be
so delivered to EPA in accordance with the Schedule set forth in the
Scope -f Work Prior -0 receipt of final EPA approval any report
bullbullJDTbullbullbullbull to EPA for ipprvl shall be rarked Draft on each page
arc jr-all include n a prc~irent location in the document the
follcwir- isciarcr Thib Document is a DRAFT which has not
recebullbullbullbull-bull iral EPA -ppr --I EPA will review Reports in accordance
wtn pa-rcpns 28 ne Consent Order
28 Procedure fr Review Revision and Fiial Approval of
Reports All deliverables identified in the Scope of Worn
(Attachment A) and this Consent Order for delivery to EPA (Reports)
shall be so delivered to EPA in accordance with the schedules set
forth in the Scope of Work and this Consent Order EPA will review
the Reports to determine whether they are consistent with the
requirements of the Scope of Work and Work Schedule and this Consent
Order If EPA determines that revisions to a Report are necessary
EPA will notify Respondents of EPAs requested revisions and the
-15shy
parties will expeditiously confer to discuss such requested
revisions Respondents shall thereafter submit a draft of the
revised Report in accordance with a schedule for revision set by EPA
which is reasonable considering the nature and extent of the proposed
revisions and the time period which was initially available for
Respondent to produce an acceptable report If Respondents fail to
submit such a revised Report within the specified schedule the
provisions of paragraph 30 may be invoked by any party to this
Consent Order
29 Xodificatinn ~pound Consent Order and Scooe of Wrrk This
Consent Order may only oe -edified upon the written agreement of both
EPA by signature cf Seniorsal Administrator and the Respondents
The jpprcvec ork l^r -ay to -edified by Respondents eriy upon
written crc-orent rT ~y tre signature of the Massachusetts
Section Chief and ltbullrdc-rt3 except that if CERCLA or the NCP are
ane~Jed prur to trlt bull-bullbullbullr t f c t ion of the Respondents worlt
a c t i v i t i e s is prcvij- 3 - paragraph 39 EPA nay request a
modi f icaticr to the -bullbull lax cr develop new Work Plans but only to
the extent expressly rec-jired pursuant to said amencrents of CERCLA
or the NCP Respondents assent to such a request for modification
shall not be unreasonably withheld
30 Dispute Resolution If the Respondents object to any EPA
notice of disapproval or decision made pursuant to this Consent
Order the Respondents shall notify EPA in writing of its objections
within ten (10) days of receipt of the decision EPA and the
Respondents have seven (7) days from the receipt by EPA-of the
notification of objection to reach agreement If agreement cannot be
-16shy
reached on any issue within this seven (7) day period EPA shall
provide a written statement of its decision to the Respondents
Respondents shall commence implementation of the activities required
by the EPA decision within five (5) days of receipt of the decision
In the event that the Respondents do not implement the activities
required by the EPA dt-ision the EPA Regional Administrator may take
such civil enforcement action against Respondents as may be provided
by statutory or equitable authorities including but not limited to
the assessment of such civil penalties or damages as are authorized
oy Sections 106(b)(l) and 107 (c) (3) of CERCLA as amended
31 Delav in Perf^rmancStipulated Penalties For each day
that the Respondents fail to comply with any time deadline estashy
oiioned pursuant to TS Consent Order the Respondent shall pay the
jjrrs -ot rtn belcw _ -t_ted penalties
Per cf Fail rraquo ~- Ct-plv Penalty Per Dav
1st - 7th bull-- $ 2500 8th - 15th y lOOOGi eacr ~ay th--r- -rr 400000
Any pound-cn -enalty sn^ll lt Jj- and payable within ten ilO) cays cf the
receipt cf a written demand by EPA Payment of any such penalty
shall be made by certified crecK payable to the Hazardous Substances
Superfund and mailed to the following address with a notation of the
docket number of this Consent Order
US Environmental Protection Agency Hazardous Substance Superfund P 0 Box 371003 M Pittsburgh PA 15251
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Notice that such payment has been made shall be provided in writing
to the EPA Project Coordinator The stipulated penalties set forth
in this section do not preclude EPA from electing to pursue any other
remedies or sanctions which may be available to EPA by reason of the
Respondents violation of this Consent Order or the Respondents1
failure or refusal to comply with any of the requirements of this
Order except that EPA agrees that all civil penalties for failure to
comply with the time requirements established pursuant to this
Consent Order shall be limited to the amounts calculated under this
paragraph If Resporccrtr pay stipulated penalties for a specified
period of time for late ccrpliance and EPA subsequently recovers
additional fines cr penalties for the same period of late compliance
r court the fines ard pe- 11 es shall be reduced by the arount of
tre 5tp l-iec peral c-s r~- -degr that period of late corrpliamprce
32 Excuses fr ~lpoundv~ n Perfornaree With respect to
Sespcrcc-tc corcpli -ce wit jny interim or final time deadline set
fcrtr - tris Consent ltpoundbullbull including any iTpierrentatior scnecjles
ccr cai eo in plans ^prvcJ Lv EPA pursuant to paragraph 28 and with
respect to the penalty provisions of paragraph 31 no stipulated
penalties or other sanctions will be imposed for delay directly
caused by the following which could not have been overcome by
Respondents due care (i) any act of God (ii) any Order issued to
Respondents by EPA under the provisions of paragraph 22 provided
that such delay did not arise as the result of the performance of the
Removal Activities (iii) any delay which results from failure to
secure access to the Site if the cause of such failure is not within
the control of Respondents (iv) any delays caused by EPAs failure
-18shy
to complete in a timely manner its review of plans and reports (v)
any delay experienced by the operation of the dispute resolution
procedure set forth herein and (vi) any other cause beyond the
control of Respondents provided however that increases in the cost
of performance of the removal activities shall not excuse such
performance nor affect the applicability of the penalty provisions
andor other sanctions which are provided for under this Order Such
penalties and sanctions shall be avoided only if and only to the
extcrt that such delays rratcrially interfered with or prevented
Respondents executor of their responsibilities during the period of
sucr delay Respondents shall notify EPA within twenty-four (24)
hours ir the event -hat circumstances occur which Respondents assert
snc-lu rccr the -xcu-e provisions cf this paragraph and shall
oert fy bullraquo vr spec y -bull cause or causes of such delay and the
estrat-jj J-jratior -cr Jc-liy Failure to notify EPA shall result
r - waivo Resp- j- -t right to assert that the delay should be
egtcbullbullbull L -ccr -he bullbullbullbull-- -ris paragraph Jpon receipt cf such
rot ic^i cr EPA wll -iotc-rTiie whether the delay is appropriately
exc-icd jrcer this parucraph and shall soon notify Respondents
Respondents further agree to use their best efforts to minimize any
delay which may result Respondents acknowledge that they will have
the burden of justifying excuses for delay in performance under this
paragraph
-19shy
33 Waiver of Settlement Conference In consideration of the
conununi cat ions between EPA and Respondents prior to the issuance of
this Consent Order concerning its terms Respondents hereby agree
that there is no need for a settlement conference prior to the
effective date of the Consent Order
34 Civil Penalties for Non-Compliance Respondents are
advised that except as provided by paragraph 32 of this Order if
Respondents violate or fail or refuse to comply with this Consent
Order or any portion tf-oreof EPA reserves its rights pursuant to
Sections 106(b)(l) and 107(c)(3) of CERCLA as amended with respect
to the imposition of civil penalties and punitive damages
35 Confidentiality Clairs Respondents may assert a
confidentiality clair if appropriate covering all or part of the
nf crrat en request- J LY bull_- is Consent Order pursuant to 40 CFR
2203(L) Such an ace-er en shall be adequately substantiated when
bullhe deserticn is rrj-co eitr9r analytical data nor any information
poundccfc-j in Sectin 1 - lt- ) bull 7 ) ( F cf CERCLA as amended by SARA
snail oe claimed is c- ideniial by Respondent Information
determined to be confidential by EPA shall be afforded the protection
specified by 40 CFR Part 2 Subpart B and in Section 104(e)(7) of
CERCLA as amended by SARA If no such claim accompanies the
information when it is submitted to EPA it may be made available to
the public by EPA without further notice to Respondents
36 Liability of Respondents Response Action Contractor The
Response Action Contractor in connection with the activities set
forth in Attachment A hereto shall not be liable under -CERCLA or
under any other federal law to the United States Government for costs
-20shy
or damages which result from a release or threatened release of
hazardous substances or pollutants or contaminants provided that such
releases rr threatened release was not caused by conduct of the
Response Action Contractor which was negligent grossly negligent or
which constituted intentional misconduct Said Response Action
Contractor shall have the burden of demonstrating that such conduct
was not negligent grossly negligent or did not constitute
intentional misconduct Nothing in this paragraph shall affect the
liaoiiity of any person under any warranty under federal state or
corruTon law
37 Incernnif icat icn Respondents agree to indemnify and save
arc hole rarriess the Jrtec States Government its agencies
jep bull--bullbullbull z agens ffcerrgt employees and representatives from
jry -c ciairs r --bullbull_ f action arising from or cr account of
acts r -lesions z gtcc----z their officers employees agents
-bullco vo - bull r-jsteei i2s--_ r contractors in carrying cut the
-ct bullbullbull- L^rsuant bull bull rs -rpoundent Order
38 eccvery bull Cs ~ EPA reserves the right to bri-c an
action acairst Respcrcert pursuant to Section 107 of CERC1A for
recovery of costs incurred in oversight consistent with paragraph 17
herein administration and enforcement of this Consent Order and
any other past and future costs incurred by the United States
Government in connection with response activities conducted pursuant
to CERCLA at this Site
39 Certification of Respondents Performance of the Work
Activities Upon receipt by EPA of notice from Respondents that
they believe they have satisfied their obligations under the Work
-21shy
Plan and this Consent Order EPA shall determine if Respondents
have met all of their responsibilities under the Work Plan and
under the provisions cf this Consent Order Within twenty-one
(21) days after receipt of said notice EPA will either (a)
provide Respondents with a statement of all of their
responsibilities which EPA believes are still outstanding or (b)
certify to Respondents that their responsibilities under the Scope
or Work and under the provisions of this Consent Order have been
cotrpleteiy and successfully discharged and that the work performed
by Respondents pursuant to this Consent Order and the Scope cf
Aorlt is consistent with the NC
bull10 Covenant Sst to Sue and Contribution Protection In
ccroicerat cr of and pcr certification by EPA that Respondents have
ccTplc-toly Jird succ-r i^lly d5charged their responsibilities under
ti-e -or- Plan and j-J^r the provisions of this Consent Order as
provided -or in parr ph 33 herein EPA covenants not to s-e
Rerc rdct3 n any bdquobull v 1 cr viririst rat ive action for the performance
cf tre vcrK Plan bull v jec rcwcvcr such covenant not to sue does
not extend to any ether liabilities that may be associated with the
Site including but not limited to any other response actions that
have been or may be undertaken at the Site This covenant not to sue
becomes effective upon the issuance by EPA of the certification
provided in paragraph 39 Nothing in this paragraph shall preclude
EPA from enforcing the provisions of this Consent Order in any
judicial or administrative proceeding It is the intention and
understanding of the parties to this Consent Order that the
-22shy
protection from contribution claims as provided by Section 113(b)(2)
of CERC1A as amended applies to any claim with respect to
performance of the activities pursuant to the Work Plan
41 Credit for Expenditures made pursuant to this Order
A Upon certification that Respondents have discharged
their responsibilities pursuant to the Work Plan and under the
provisions of this Consent Order Respondents shall present EPA with
an accounting of (1) all costs incurred consistent with the NCP in
deveioprert of the Work Plan and in performance of the Work Plan and
the other activities required by this Consent Order those costs will
oe segregated into two categories costs specifically associated with
bullr-e Arcror Tank Materials and all other costs and (2) the amounts
paid by -acr Pespcrdc-rr n connection therewith EPA agrees that
bullaiJ gtbull_bullbull rall no rjt i bull--bull a penalty paid by the Respondents
3 With bull-bull_bull (20) cays of receipt of such accounting
~A w i l l approve all --sts jccr-nted for by Respondents which are
orr2-t with =uup jrapr -(I) (Approved Consent Order Costs)
per z^cr approval ~A ^are-_3 to reduc-3 the amount of response costs
wnich it will seek to recover from Respondents pursuant to CERCLA or
otherwise in connection with the Site according to the following
formula said response costs shall be reduced by the Approved
Consent Order costs incurred in performing the work activities
associated with the Anchor Tank materials and by the amount resulting
from multiplying the Approved Consent Order Costs other than those
associated with Anchor Tank Materials times the quantity one minus
the result of dividing the aggregate volume of the Respondents waste
by the total volume of waste sent to the Site The volumes for these
-23shy
calculations shall be taken from the Volumetric Sank List attached as
Appendix 3 to the Administrative Order by Consent Docket No
at the time of publication in the Federal Register
C In the event that any Respondent otherwise receives
credit for Approved Consent Order Costs through settlement or
litigation the credit amount calculated under subparagraph (b) for
all Respc-dents shall be reduced by the amount of the credit received
through these other channels Moreover this paragraph shall in no
way limit or affect EFAs right to seek joint and several liability
against Respondents in any court action for all damages arc ether
costs incurred or to be incurred by EPA at the Cannons Engineering
Corporation Site This reduction in EPAs response costs with
respect - the Site -rail affect only recovery of response costs from
-r-e rc-cp-T-i--nts arc r l iv -o way affect the right cf EPA to seek
cint and -everai l i a b i l i t y JPC recovery of all resporse costs from
potentially respcrciLlo parties other than Respondents
42 PAs Re-laquobullbullbullbullbullbull-bull -- -f Richts EPA expressly reserves all
tre right- and defevcvs tra- it may have including EPAs right to
disapprove of work prforrcd by Respondents and to request that
Respondents perform tasks in addition to those detailed in this
Consent Order In addition EPA reserves the right to undertake
removal andor remedial actions at any time and to perform any and
all portions of the Work Activities which Respondents have failed to
perform properly provided however that EPA agrees to use its best
efforts to avoid duplication of Respondents activitiesunder this
Order Except as otherwise limited by paragraphs 31 and 32 EPA
reserves any and all rights to take any enforcement action pursuant
-24shy
to CERCLA as amended by SARA andor any available legal authority
This Consent Orde- does not constitute any decision on the
preauthorization of funds under Section lll(a)(2) of CERCLA as
amended by SARA
43 Respondents Reservation of Rights The participation by
Respondents in entering into and carrying out the terms of this
Consent Order shall rct be considered an admission of liability for
any purpose Nor shall such actions or participation by Respondents
constitute a commitrort or agreement either express or ixpiied to
undertake further activities at the Site other than these necessary
to perferr the Remcvcl Activities in accordance with the Work Plan
and rris Ccnsent Order or to undertake any remedial actions at the
Site r-ctwi thstandir -ry finding conclusions or reccn-Terdat ions
-ace - crrecticn ~-- performance of the Work Plan Except as
exprezly ret fortr - trie Consent Order Respondents reserve all
rcr= -rey r-_ have- -o opprre or defend against any action or claim
o r c ~ r t j
bull ther Clbull mdash Nothirg in tris Consent Order snail
constitute or be ccrstrucd as a release or a covenant not to sue
regarding any claim cause of action or demand in law or equity
against any person firm trust joint venture partnership
corporation or other entity not a signatory to this Consent Order for
any liability it may have arising out of or relating in any way to
the generation storage treatment handling transportation
release or disposal of any hazardous substances hazardous wastes
pollutants or contaminants found at taken to or taken from the
Site EPA shall not be liable for any injuries or damages to persons
-25shy
or property resulting from actions or omissions of Respondents in
carryinc out the activities pursuant to this Consent Order nor shall
EPA be held as a party to or in any other way liable under any
contract entered into by Respondents or by the Response Action
Contractor in carrying out the activities pursuant to this Consent
Order Except as otherwise herein set forth or agreed this Consent
Order shall not estop or limit any legal or equitable claims of the
United States against Respondents their agents contractors or
assigns including but not limited to claims related to releases of
hazardous substances gtr other pollutants or contaminants
45 Other laws All actions required to be taken pursuant to
-his Consent Order snail be undertaken in accordance with the
recjirererts of all appi icabl-e state and federal laws and regulashy
ticrs rcl-cirg laws rolatira to occupational safety and health and
ctrer federal envi r rctul laws as defined in current EPA policy
Otfer agencies nclJc -he Occupational Safety and Health
-crir 12 ration lOSi- -rd bull e fish and Wildlife Service (FiWS) may
oe called jpon to rev-- rc ccndjct of work under this Consent
Order In the event ihat there is a conflict in the application of
federal or state laws cr regulations the more stringent of the
conflicting provisions shall apply
46 Notice to the State Pursuant to the requirements of
Section 121(f) and 104(b)(2) of CERCLA as amended by SARA EPA has
notified the Commonwealth of Massachusetts of the scope of the
Response Action the negotiations with the potentially responsible
parties and of the issuance of this Consent Order
-26shy
47 Notice to the Federal Natural Resource Trustee Pursuant
to Sections 122(j) of SARA EPA has notified the Federal Natural
Resource Trustee of the scope of the Response Action the negotiation
with the potentially responsible parties and of the issuance of this
Consent Order
48 Separate Documents This Consent Order may be executed in
two or more counterparts each of which shall be deemed an original
but all of which together shall constitute one and the same
instrument
49 Effective Dare This Consent Order shall be effective upon
the date cf Respondents1 receipt of notice of signature by the
Seccrai Administrate- All times for performance of activities
jrcer -5 Consent Crder shall be calculated from that date
IT S SO AJPEID AND 3IRID iV
bullcr-e P leiarc Date
-27shy
IT IS SO AGREED
Name of Respondent ACUSHNET COMPANY
By Dale M Shenk Vice President and Controller
Title
January T 8 8 Date
-28shy
IT IS SO AGREED AMERICAN C^AMID COMPANY
Name of Respondent
By A JsJ Costello
Executive Vice President Title
bulljruary 1D3S Date
-28shy
IT IS SO AGREES
AMERICAN NATIONAL CAN CORPORATION Name cf Respondent
By S1U4uJ [ampJUULL~-~AT LAW
JAMES BALLS bull_
Title
JAMASY 7Date
198B
laquo By his signature hereon Janes Seller certifies that he has authority to bind Respondent to the terms of this agreement
-28shy
IT IS SO AGREED
ATampT Technologies Inc Name of Respondent
By ATampT-Engineering Vice President
Title
Date
-28shy
0 A
IT IS SO A G R E E D
Name of Respondent
By John L Fox
General Manager Title
January 6 T968 Date
-28shy
IT IS SO AGREED
Name of R e s p o n d e n t ^-
CHAMBERLAIN MANUFACTURING CORPORATION
By
General Co Title
Jaruar- D a t e
1988
-28shy
IT IS 60 AGREED
Name of Respondent ^ t~poundr llS^eL
Byj Richard Barth
Preeident fc Chief Executive Officer Title
CIBA-GEIGY corporation January 6 1988
Date
-28shy
IT IS SO AGREED
Name of Respondent Earthline Company fsCA
By
Authorized Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent FAIRCHILD SEMICONDUCTOR CORPORATION
By C R Bostic
Its Representative Title
January 4 1986 Date
-28shy
IT IS SO AGREED
Name of Respondent Franklin Pumping Service Inc
By
J I J (President)
1788 Date
-28shy
IT IS SO AGREED
Name of Respondent General Dynamics Corporation
By
Daniel S Hapke Assistant General Counsel T i t l e
4 January 1988 Date
-28shy
IT 18 SO AGREED i
of Ropondtnt
By
-28shy
In the Matter of Cannons Engineering Corporation Administrative Order by Consent
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
Hoechst Celane^e Corporation
Heinz X HofmeistermdashVice President Title
-28shy
IT IS SO AGREED
Name of Respondent HoffaeM-La Bocht Inc
By EB Anderson Senior Viet Prttident
Title
-28shy
P3 ICIO UflWDGFT GO JMN 0 8
XT IS SO ACREEDi
of Respondent rrt
bullyi
Jlflua r v 7 shym
IT IS SO AGREED
Name of Respondent Interex^Corporation
By
Authorized Axteht Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent
By
January 13 1988 Date
Millipore CorporationWaters Associates
Senior Vice President Title
-28shy
Cannons Engineering Corporation Administrative Order by Consent Bridgewater Removal Action
IT IS SO AGREED
Name of Respondent MONSANTO COMPANY iIs
Ishy t- r S S rr- -w ~
By
ff Title
Dote
-28shy
E00 3pound
IT IS SO AGREED
Name of Respondent
By
-IVCL
pound1
Title
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
POLAROID CORPORATION
VICE PRESIDENT AND SECRETARY Title
-28shy
IT IS SO AGREED
Name of Respondent Re eyeling Industries Inc
By
Authorized Agent title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent TECH- gTCM
By
Title
Date
-28shy
ATTACHMENT A
BRIDGEWATER CANNONS ENGINEERING CORPORATION SITE CONSENT ORDER WORK PLAN
I Introduction and Purpose
The purpose of this Consent Order Work Plan is to identify
response actions to be taKen by Respondents of the Site pursuant to
the foregoing Consent Order
I1 Scooe of Work
1 The following are the removal activities required by the
Consent Order
a Renov3- cf XTas-cs The following waste materials shall
oe roTcvo^ frcn the jte poundrd properly disposed of in accordance with
ail applj^oie erv r crrort1 laws and regulations
apprcxirrateiy 400 five-gallon pails containing
waste -atoral from inside the Equipment Building
This -aterial was previously located irsice the box
trailers
approximately 400 less than five-gallon pails which
have had the contents removed into two 55-gallon
drums
approximately one drum full and one drum 34 full
which were generated from the emptying of the above
mentioned less than five-gallon containers
-29shy
approximately 350 containers of laboratory reagents
which were abandoned in the laboratory inside the
Equipment Building
a container approximately one pint in volume
containing an unknown liquid which is considered to
be shock sensitive and will be treated as such
one five-gallon pail of bulked laboratory samples
one three-gallon pail of bulked laboratory samples
approximately 1000 gallons of aqueous waste
material contained in above-ground storage
containers which include less than 10 partially
filled druTs one dumpster and one tank trailer
appr- xiTately 25000 gallons of aqueous waste
material crrtained in the underground tanks
app r bull IT -ic-ly 500 gallons of waste oil determined
to contain a CB content of less than 2 parts per
appr c bull irrately two 55 gallon drums of materials
scraped from trailer bottoms
approximately two 55 gallon drums of contaminated
sorbent material from the equipment building floor
contaminated soil from opening area not to exceed
20 cubic yards
one 55 gallon drum approximately three-quarters
full of contaminated lab water from on-site
laboratory used during initial EPA removal
activities and
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approximately seventy-five 30 gallon garbage bags
containing contaminated protective clothing and
sampling implements
b Transportation of Wastes All of the above-described
wastes will be transported in accordance with all applicaole laws and
regulations including but not limited to all Department of
Transportation (DOT) regulations Additionally all containers
shipped off site and all vehicles carrying these containers will be
properly and completely labeled and placarded in accordance with all
applicable laws and regulations
c Disposal cf Wastes The Respondents shall make all
arrangerents necessary 10 accomplish the proper disposal of all of
the ebcve-cescribed wastes This shall include making available
disprsol perscrrel frr- -e selected disposal facility as needed to
ass-re hat the pack- J-TC snipping methods used meet the disposal
f a c i l i t y specifications f~r acceptance of wastes For elt ch waste
r-aterial ~z oe rencve-j ircr tre site the Respondents shall indicate
befcrc the waste is rerrcved frcrr the site the method of disposal the
name(s) of the facilityiies) to be utilized the compliance status of
the facility(ies) to be utilized the name(s) of transporter(s) to be
utilized the method of transport for each waste and the packaging
to be utilized
d Record of Disposal The Respondents shall provide EPA
with all paperwork documenting the location of all wastes that leave
the site This shall include all temporary storage facilities that
may be utilized before the waste reaches its final destination for
disposal All wastes removed from the site will be pursuant to an
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appropriate Hazardous Waste Manifest EPAs On-Scene Coordinator
will sign each manifest relating to the Anchor Tank material so as to
indicate that EPA is the generator of the Anchor Tank material being
removed from the site For all wastes that leave the site the
Respondents will supply information to include but not be limited
to the date of arrival and departure of each waste to or from each
facility a list of all wastes in question and the signature of the
company representative who accepted the wastes in question
Additionally for any waste that is incinerated or otherwise
destroyed the Respondents shall provide certification by a company
official of the facility destroying the waste that the waste was
ndeed destroyed ard by what nethod it was destroyed
e Site Postcraticn Before final demobilization the
^espcrv-- 3 shall restore the site to an acceptable degree This
-bullill ircl-de assur-rce tl-at no trash or waste materials or equipment
associated with any rf the removal activities is left on site Any
~aterjl including soil which has not been contaminated by site
rperatiors shall be returned to its original location
2 The following activities shall also be performed by
Respondents to fulfill the objectives of the Response Action
a Work Plan The Respondents shall prepare a Work Plan
consisting of all activities and subtasks The Work Plan shall
identify all deliverables to be produced during the Work Activities
including timetables for performance of the Work Activities and
production of the deliverables The Work Plan shall identify each
previously identified waste material to be removed from the site and
the Quality Assurance and Quality Control to be used during Work
-32shy
Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
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b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
-34shy
subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
-35shy
che efforts made by Respondents to obtain the necessary access and
the reasons for their inability to obtain such access A delay in
performance of the Removal Activities which results from the
inability to secure such site access shall constitute an excusable
delay for the purposes of paragraph 32 if the cause of such inability
is not within the control of Respondents
22 Creation of Danger Upon obtaining information concerning
the occurrence of any event during the Removal Activities that causes
or threatens a release of hazardous substances from the Site or that
threatens public health welfare or the environment Respondents
snail notify within twenty-four (24) hours the EPA Project
Coordinator or in the event of his or her unavailability shall
notify wthin the sarro -werty-f cur (24) hour period the Ererccncy
Sest-orDe rit 3egr United States Environmental Protection
Agency -etting forth bull re events that occurred and the measures taken
and 10 bo -^ken if appr - pr e to mitigate any harrr caused or
nreat-bullo-j by the event raquo-d to prevent the reoccurrence cf such an
event Respondents crall have no obligations under this Order to
jndertake reasures to rritigate any such event not related to their
performance of the Removal Activities Regardless of whether or not
such a report is made to EPA if EPA determines that activities
undertaken in connection with this Consent Order have caused or may
cause a threat to on-site personnel or to the public health or
welfare or to the environment EPA may (a) order Respondents to stop
further implementation of this Consent Order for such period of time
-12shy
as may be needed to abate any such release or threat anderr (b)
undertake any actions which EPA determines are necessary to abate
such threat
23 Availability of Data Respondents shall submit to EPA the
results of all sampling andor tests and all other data generated by
Respondents by the Contractor or on Respondents behalf in the
course of implementing this Consent Order in its Progress Reports or
other Reports as described in the Work Plan or in this Consent Order
24 Record Preservation Respondents shall preserve during
tre pendency of this Consent Order and for a period of net less than
six (6) years after ecrrpletirg the work required by this Consent
Order all records arc icc--erts in their possession cr in the
c jsres rr f their ccucrse Action Contractor which relate in any
-ay z -bullbullgt --rfcrrar -ltbull i-e vork Plan cr this Consent Crccr
rotw irct-rcirg any cc-rc-i retention policy to the contrary After
bull nis - bull bullbull= perirj Pospc- Jc-its nay request in writing perrrisjion
bull jeer_y -ry sucr bullbull-bullgtrcc r docurrcr^3 This requort shall be
accrc-rci by a eery iris Consent Order and shall be rent by
certified rail return receipt requested to the following address
Robert A DiBiccaro Acting Regional Counsel (or the current Regional Counsel) US Environmental Protection Agency JFK Federal Building Rm 2203 Boston Massachusetts 02203
Within sixty (60) days of receipt of a request by Respondents to
destroy any or all such records or documents EPA will notify
Respondents whether such request has been granted or denied If EPA
denies such request Respondents shall make available to EPA such
-13shy
records and documents or copies of any such records and documents and
all obligations of Respondents to preserve records pursuant to this
Consent Order shall cease EPAs failure to respond to Respondents
request within the time period specified herein shall be deemed an
approval of said request and all obligations of Respondents to
preserve records pursuant to this Consent Order shall cease
Notwithstanding the terms of this paragraph Respondents do not waive
their rights to assert any privileges which may be applicable to such
records and documents
25 Place and Varrer of Notice Communications between
Respondents and EPA and all documents including reports approvals
disapprovals written rctices and other correspondence to be
suomitted- pursuant - rris Ccrsent Order shall be sent by certified
raI return receipt bull queste-J or by courier to the Project
Coordinator at the ll_wirg address or such other addresses as
Respcrde-gt13 cr EPA gtro-fttr ray designate in writing
a Docurc--j three ccpies) to be submitted to EPA should
oe cct to
Ricnard Haworth EPA On-Scene Coordinator US Environmental Protection Agency New England Regional Laboratory 60 Westview Street Lexington MA 02173
and one copy to
Wayne M Robinson EPA Remedial Project Manager US Environmental Protection Agency Waste Management Division JFK Federal Building HSN Boston MA 02203
-14shy
b Documents (three copies) to be submitted to Respondents
should be sent to
(name and addresses of Respondents contractors)
26 Necessity of Formal Approval No informal advice
guidance suggestions or commerts by EPA regarding reports plans
specifications schedules or any other writing submitted by
Respondents shall be construed as relieving Respondents of their
obligation to obtain such formal approvals as may be required by this
Consent Order
27 Procedure for Sbrssicn of Deliverables to EPA All
deiiveraoles identified in Attachment A for submittal to EPA shall be
so delivered to EPA in accordance with the Schedule set forth in the
Scope -f Work Prior -0 receipt of final EPA approval any report
bullbullJDTbullbullbullbull to EPA for ipprvl shall be rarked Draft on each page
arc jr-all include n a prc~irent location in the document the
follcwir- isciarcr Thib Document is a DRAFT which has not
recebullbullbullbull-bull iral EPA -ppr --I EPA will review Reports in accordance
wtn pa-rcpns 28 ne Consent Order
28 Procedure fr Review Revision and Fiial Approval of
Reports All deliverables identified in the Scope of Worn
(Attachment A) and this Consent Order for delivery to EPA (Reports)
shall be so delivered to EPA in accordance with the schedules set
forth in the Scope of Work and this Consent Order EPA will review
the Reports to determine whether they are consistent with the
requirements of the Scope of Work and Work Schedule and this Consent
Order If EPA determines that revisions to a Report are necessary
EPA will notify Respondents of EPAs requested revisions and the
-15shy
parties will expeditiously confer to discuss such requested
revisions Respondents shall thereafter submit a draft of the
revised Report in accordance with a schedule for revision set by EPA
which is reasonable considering the nature and extent of the proposed
revisions and the time period which was initially available for
Respondent to produce an acceptable report If Respondents fail to
submit such a revised Report within the specified schedule the
provisions of paragraph 30 may be invoked by any party to this
Consent Order
29 Xodificatinn ~pound Consent Order and Scooe of Wrrk This
Consent Order may only oe -edified upon the written agreement of both
EPA by signature cf Seniorsal Administrator and the Respondents
The jpprcvec ork l^r -ay to -edified by Respondents eriy upon
written crc-orent rT ~y tre signature of the Massachusetts
Section Chief and ltbullrdc-rt3 except that if CERCLA or the NCP are
ane~Jed prur to trlt bull-bullbullbullr t f c t ion of the Respondents worlt
a c t i v i t i e s is prcvij- 3 - paragraph 39 EPA nay request a
modi f icaticr to the -bullbull lax cr develop new Work Plans but only to
the extent expressly rec-jired pursuant to said amencrents of CERCLA
or the NCP Respondents assent to such a request for modification
shall not be unreasonably withheld
30 Dispute Resolution If the Respondents object to any EPA
notice of disapproval or decision made pursuant to this Consent
Order the Respondents shall notify EPA in writing of its objections
within ten (10) days of receipt of the decision EPA and the
Respondents have seven (7) days from the receipt by EPA-of the
notification of objection to reach agreement If agreement cannot be
-16shy
reached on any issue within this seven (7) day period EPA shall
provide a written statement of its decision to the Respondents
Respondents shall commence implementation of the activities required
by the EPA decision within five (5) days of receipt of the decision
In the event that the Respondents do not implement the activities
required by the EPA dt-ision the EPA Regional Administrator may take
such civil enforcement action against Respondents as may be provided
by statutory or equitable authorities including but not limited to
the assessment of such civil penalties or damages as are authorized
oy Sections 106(b)(l) and 107 (c) (3) of CERCLA as amended
31 Delav in Perf^rmancStipulated Penalties For each day
that the Respondents fail to comply with any time deadline estashy
oiioned pursuant to TS Consent Order the Respondent shall pay the
jjrrs -ot rtn belcw _ -t_ted penalties
Per cf Fail rraquo ~- Ct-plv Penalty Per Dav
1st - 7th bull-- $ 2500 8th - 15th y lOOOGi eacr ~ay th--r- -rr 400000
Any pound-cn -enalty sn^ll lt Jj- and payable within ten ilO) cays cf the
receipt cf a written demand by EPA Payment of any such penalty
shall be made by certified crecK payable to the Hazardous Substances
Superfund and mailed to the following address with a notation of the
docket number of this Consent Order
US Environmental Protection Agency Hazardous Substance Superfund P 0 Box 371003 M Pittsburgh PA 15251
-17shy
Notice that such payment has been made shall be provided in writing
to the EPA Project Coordinator The stipulated penalties set forth
in this section do not preclude EPA from electing to pursue any other
remedies or sanctions which may be available to EPA by reason of the
Respondents violation of this Consent Order or the Respondents1
failure or refusal to comply with any of the requirements of this
Order except that EPA agrees that all civil penalties for failure to
comply with the time requirements established pursuant to this
Consent Order shall be limited to the amounts calculated under this
paragraph If Resporccrtr pay stipulated penalties for a specified
period of time for late ccrpliance and EPA subsequently recovers
additional fines cr penalties for the same period of late compliance
r court the fines ard pe- 11 es shall be reduced by the arount of
tre 5tp l-iec peral c-s r~- -degr that period of late corrpliamprce
32 Excuses fr ~lpoundv~ n Perfornaree With respect to
Sespcrcc-tc corcpli -ce wit jny interim or final time deadline set
fcrtr - tris Consent ltpoundbullbull including any iTpierrentatior scnecjles
ccr cai eo in plans ^prvcJ Lv EPA pursuant to paragraph 28 and with
respect to the penalty provisions of paragraph 31 no stipulated
penalties or other sanctions will be imposed for delay directly
caused by the following which could not have been overcome by
Respondents due care (i) any act of God (ii) any Order issued to
Respondents by EPA under the provisions of paragraph 22 provided
that such delay did not arise as the result of the performance of the
Removal Activities (iii) any delay which results from failure to
secure access to the Site if the cause of such failure is not within
the control of Respondents (iv) any delays caused by EPAs failure
-18shy
to complete in a timely manner its review of plans and reports (v)
any delay experienced by the operation of the dispute resolution
procedure set forth herein and (vi) any other cause beyond the
control of Respondents provided however that increases in the cost
of performance of the removal activities shall not excuse such
performance nor affect the applicability of the penalty provisions
andor other sanctions which are provided for under this Order Such
penalties and sanctions shall be avoided only if and only to the
extcrt that such delays rratcrially interfered with or prevented
Respondents executor of their responsibilities during the period of
sucr delay Respondents shall notify EPA within twenty-four (24)
hours ir the event -hat circumstances occur which Respondents assert
snc-lu rccr the -xcu-e provisions cf this paragraph and shall
oert fy bullraquo vr spec y -bull cause or causes of such delay and the
estrat-jj J-jratior -cr Jc-liy Failure to notify EPA shall result
r - waivo Resp- j- -t right to assert that the delay should be
egtcbullbullbull L -ccr -he bullbullbullbull-- -ris paragraph Jpon receipt cf such
rot ic^i cr EPA wll -iotc-rTiie whether the delay is appropriately
exc-icd jrcer this parucraph and shall soon notify Respondents
Respondents further agree to use their best efforts to minimize any
delay which may result Respondents acknowledge that they will have
the burden of justifying excuses for delay in performance under this
paragraph
-19shy
33 Waiver of Settlement Conference In consideration of the
conununi cat ions between EPA and Respondents prior to the issuance of
this Consent Order concerning its terms Respondents hereby agree
that there is no need for a settlement conference prior to the
effective date of the Consent Order
34 Civil Penalties for Non-Compliance Respondents are
advised that except as provided by paragraph 32 of this Order if
Respondents violate or fail or refuse to comply with this Consent
Order or any portion tf-oreof EPA reserves its rights pursuant to
Sections 106(b)(l) and 107(c)(3) of CERCLA as amended with respect
to the imposition of civil penalties and punitive damages
35 Confidentiality Clairs Respondents may assert a
confidentiality clair if appropriate covering all or part of the
nf crrat en request- J LY bull_- is Consent Order pursuant to 40 CFR
2203(L) Such an ace-er en shall be adequately substantiated when
bullhe deserticn is rrj-co eitr9r analytical data nor any information
poundccfc-j in Sectin 1 - lt- ) bull 7 ) ( F cf CERCLA as amended by SARA
snail oe claimed is c- ideniial by Respondent Information
determined to be confidential by EPA shall be afforded the protection
specified by 40 CFR Part 2 Subpart B and in Section 104(e)(7) of
CERCLA as amended by SARA If no such claim accompanies the
information when it is submitted to EPA it may be made available to
the public by EPA without further notice to Respondents
36 Liability of Respondents Response Action Contractor The
Response Action Contractor in connection with the activities set
forth in Attachment A hereto shall not be liable under -CERCLA or
under any other federal law to the United States Government for costs
-20shy
or damages which result from a release or threatened release of
hazardous substances or pollutants or contaminants provided that such
releases rr threatened release was not caused by conduct of the
Response Action Contractor which was negligent grossly negligent or
which constituted intentional misconduct Said Response Action
Contractor shall have the burden of demonstrating that such conduct
was not negligent grossly negligent or did not constitute
intentional misconduct Nothing in this paragraph shall affect the
liaoiiity of any person under any warranty under federal state or
corruTon law
37 Incernnif icat icn Respondents agree to indemnify and save
arc hole rarriess the Jrtec States Government its agencies
jep bull--bullbullbull z agens ffcerrgt employees and representatives from
jry -c ciairs r --bullbull_ f action arising from or cr account of
acts r -lesions z gtcc----z their officers employees agents
-bullco vo - bull r-jsteei i2s--_ r contractors in carrying cut the
-ct bullbullbull- L^rsuant bull bull rs -rpoundent Order
38 eccvery bull Cs ~ EPA reserves the right to bri-c an
action acairst Respcrcert pursuant to Section 107 of CERC1A for
recovery of costs incurred in oversight consistent with paragraph 17
herein administration and enforcement of this Consent Order and
any other past and future costs incurred by the United States
Government in connection with response activities conducted pursuant
to CERCLA at this Site
39 Certification of Respondents Performance of the Work
Activities Upon receipt by EPA of notice from Respondents that
they believe they have satisfied their obligations under the Work
-21shy
Plan and this Consent Order EPA shall determine if Respondents
have met all of their responsibilities under the Work Plan and
under the provisions cf this Consent Order Within twenty-one
(21) days after receipt of said notice EPA will either (a)
provide Respondents with a statement of all of their
responsibilities which EPA believes are still outstanding or (b)
certify to Respondents that their responsibilities under the Scope
or Work and under the provisions of this Consent Order have been
cotrpleteiy and successfully discharged and that the work performed
by Respondents pursuant to this Consent Order and the Scope cf
Aorlt is consistent with the NC
bull10 Covenant Sst to Sue and Contribution Protection In
ccroicerat cr of and pcr certification by EPA that Respondents have
ccTplc-toly Jird succ-r i^lly d5charged their responsibilities under
ti-e -or- Plan and j-J^r the provisions of this Consent Order as
provided -or in parr ph 33 herein EPA covenants not to s-e
Rerc rdct3 n any bdquobull v 1 cr viririst rat ive action for the performance
cf tre vcrK Plan bull v jec rcwcvcr such covenant not to sue does
not extend to any ether liabilities that may be associated with the
Site including but not limited to any other response actions that
have been or may be undertaken at the Site This covenant not to sue
becomes effective upon the issuance by EPA of the certification
provided in paragraph 39 Nothing in this paragraph shall preclude
EPA from enforcing the provisions of this Consent Order in any
judicial or administrative proceeding It is the intention and
understanding of the parties to this Consent Order that the
-22shy
protection from contribution claims as provided by Section 113(b)(2)
of CERC1A as amended applies to any claim with respect to
performance of the activities pursuant to the Work Plan
41 Credit for Expenditures made pursuant to this Order
A Upon certification that Respondents have discharged
their responsibilities pursuant to the Work Plan and under the
provisions of this Consent Order Respondents shall present EPA with
an accounting of (1) all costs incurred consistent with the NCP in
deveioprert of the Work Plan and in performance of the Work Plan and
the other activities required by this Consent Order those costs will
oe segregated into two categories costs specifically associated with
bullr-e Arcror Tank Materials and all other costs and (2) the amounts
paid by -acr Pespcrdc-rr n connection therewith EPA agrees that
bullaiJ gtbull_bullbull rall no rjt i bull--bull a penalty paid by the Respondents
3 With bull-bull_bull (20) cays of receipt of such accounting
~A w i l l approve all --sts jccr-nted for by Respondents which are
orr2-t with =uup jrapr -(I) (Approved Consent Order Costs)
per z^cr approval ~A ^are-_3 to reduc-3 the amount of response costs
wnich it will seek to recover from Respondents pursuant to CERCLA or
otherwise in connection with the Site according to the following
formula said response costs shall be reduced by the Approved
Consent Order costs incurred in performing the work activities
associated with the Anchor Tank materials and by the amount resulting
from multiplying the Approved Consent Order Costs other than those
associated with Anchor Tank Materials times the quantity one minus
the result of dividing the aggregate volume of the Respondents waste
by the total volume of waste sent to the Site The volumes for these
-23shy
calculations shall be taken from the Volumetric Sank List attached as
Appendix 3 to the Administrative Order by Consent Docket No
at the time of publication in the Federal Register
C In the event that any Respondent otherwise receives
credit for Approved Consent Order Costs through settlement or
litigation the credit amount calculated under subparagraph (b) for
all Respc-dents shall be reduced by the amount of the credit received
through these other channels Moreover this paragraph shall in no
way limit or affect EFAs right to seek joint and several liability
against Respondents in any court action for all damages arc ether
costs incurred or to be incurred by EPA at the Cannons Engineering
Corporation Site This reduction in EPAs response costs with
respect - the Site -rail affect only recovery of response costs from
-r-e rc-cp-T-i--nts arc r l iv -o way affect the right cf EPA to seek
cint and -everai l i a b i l i t y JPC recovery of all resporse costs from
potentially respcrciLlo parties other than Respondents
42 PAs Re-laquobullbullbullbullbullbull-bull -- -f Richts EPA expressly reserves all
tre right- and defevcvs tra- it may have including EPAs right to
disapprove of work prforrcd by Respondents and to request that
Respondents perform tasks in addition to those detailed in this
Consent Order In addition EPA reserves the right to undertake
removal andor remedial actions at any time and to perform any and
all portions of the Work Activities which Respondents have failed to
perform properly provided however that EPA agrees to use its best
efforts to avoid duplication of Respondents activitiesunder this
Order Except as otherwise limited by paragraphs 31 and 32 EPA
reserves any and all rights to take any enforcement action pursuant
-24shy
to CERCLA as amended by SARA andor any available legal authority
This Consent Orde- does not constitute any decision on the
preauthorization of funds under Section lll(a)(2) of CERCLA as
amended by SARA
43 Respondents Reservation of Rights The participation by
Respondents in entering into and carrying out the terms of this
Consent Order shall rct be considered an admission of liability for
any purpose Nor shall such actions or participation by Respondents
constitute a commitrort or agreement either express or ixpiied to
undertake further activities at the Site other than these necessary
to perferr the Remcvcl Activities in accordance with the Work Plan
and rris Ccnsent Order or to undertake any remedial actions at the
Site r-ctwi thstandir -ry finding conclusions or reccn-Terdat ions
-ace - crrecticn ~-- performance of the Work Plan Except as
exprezly ret fortr - trie Consent Order Respondents reserve all
rcr= -rey r-_ have- -o opprre or defend against any action or claim
o r c ~ r t j
bull ther Clbull mdash Nothirg in tris Consent Order snail
constitute or be ccrstrucd as a release or a covenant not to sue
regarding any claim cause of action or demand in law or equity
against any person firm trust joint venture partnership
corporation or other entity not a signatory to this Consent Order for
any liability it may have arising out of or relating in any way to
the generation storage treatment handling transportation
release or disposal of any hazardous substances hazardous wastes
pollutants or contaminants found at taken to or taken from the
Site EPA shall not be liable for any injuries or damages to persons
-25shy
or property resulting from actions or omissions of Respondents in
carryinc out the activities pursuant to this Consent Order nor shall
EPA be held as a party to or in any other way liable under any
contract entered into by Respondents or by the Response Action
Contractor in carrying out the activities pursuant to this Consent
Order Except as otherwise herein set forth or agreed this Consent
Order shall not estop or limit any legal or equitable claims of the
United States against Respondents their agents contractors or
assigns including but not limited to claims related to releases of
hazardous substances gtr other pollutants or contaminants
45 Other laws All actions required to be taken pursuant to
-his Consent Order snail be undertaken in accordance with the
recjirererts of all appi icabl-e state and federal laws and regulashy
ticrs rcl-cirg laws rolatira to occupational safety and health and
ctrer federal envi r rctul laws as defined in current EPA policy
Otfer agencies nclJc -he Occupational Safety and Health
-crir 12 ration lOSi- -rd bull e fish and Wildlife Service (FiWS) may
oe called jpon to rev-- rc ccndjct of work under this Consent
Order In the event ihat there is a conflict in the application of
federal or state laws cr regulations the more stringent of the
conflicting provisions shall apply
46 Notice to the State Pursuant to the requirements of
Section 121(f) and 104(b)(2) of CERCLA as amended by SARA EPA has
notified the Commonwealth of Massachusetts of the scope of the
Response Action the negotiations with the potentially responsible
parties and of the issuance of this Consent Order
-26shy
47 Notice to the Federal Natural Resource Trustee Pursuant
to Sections 122(j) of SARA EPA has notified the Federal Natural
Resource Trustee of the scope of the Response Action the negotiation
with the potentially responsible parties and of the issuance of this
Consent Order
48 Separate Documents This Consent Order may be executed in
two or more counterparts each of which shall be deemed an original
but all of which together shall constitute one and the same
instrument
49 Effective Dare This Consent Order shall be effective upon
the date cf Respondents1 receipt of notice of signature by the
Seccrai Administrate- All times for performance of activities
jrcer -5 Consent Crder shall be calculated from that date
IT S SO AJPEID AND 3IRID iV
bullcr-e P leiarc Date
-27shy
IT IS SO AGREED
Name of Respondent ACUSHNET COMPANY
By Dale M Shenk Vice President and Controller
Title
January T 8 8 Date
-28shy
IT IS SO AGREED AMERICAN C^AMID COMPANY
Name of Respondent
By A JsJ Costello
Executive Vice President Title
bulljruary 1D3S Date
-28shy
IT IS SO AGREES
AMERICAN NATIONAL CAN CORPORATION Name cf Respondent
By S1U4uJ [ampJUULL~-~AT LAW
JAMES BALLS bull_
Title
JAMASY 7Date
198B
laquo By his signature hereon Janes Seller certifies that he has authority to bind Respondent to the terms of this agreement
-28shy
IT IS SO AGREED
ATampT Technologies Inc Name of Respondent
By ATampT-Engineering Vice President
Title
Date
-28shy
0 A
IT IS SO A G R E E D
Name of Respondent
By John L Fox
General Manager Title
January 6 T968 Date
-28shy
IT IS SO AGREED
Name of R e s p o n d e n t ^-
CHAMBERLAIN MANUFACTURING CORPORATION
By
General Co Title
Jaruar- D a t e
1988
-28shy
IT IS 60 AGREED
Name of Respondent ^ t~poundr llS^eL
Byj Richard Barth
Preeident fc Chief Executive Officer Title
CIBA-GEIGY corporation January 6 1988
Date
-28shy
IT IS SO AGREED
Name of Respondent Earthline Company fsCA
By
Authorized Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent FAIRCHILD SEMICONDUCTOR CORPORATION
By C R Bostic
Its Representative Title
January 4 1986 Date
-28shy
IT IS SO AGREED
Name of Respondent Franklin Pumping Service Inc
By
J I J (President)
1788 Date
-28shy
IT IS SO AGREED
Name of Respondent General Dynamics Corporation
By
Daniel S Hapke Assistant General Counsel T i t l e
4 January 1988 Date
-28shy
IT 18 SO AGREED i
of Ropondtnt
By
-28shy
In the Matter of Cannons Engineering Corporation Administrative Order by Consent
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
Hoechst Celane^e Corporation
Heinz X HofmeistermdashVice President Title
-28shy
IT IS SO AGREED
Name of Respondent HoffaeM-La Bocht Inc
By EB Anderson Senior Viet Prttident
Title
-28shy
P3 ICIO UflWDGFT GO JMN 0 8
XT IS SO ACREEDi
of Respondent rrt
bullyi
Jlflua r v 7 shym
IT IS SO AGREED
Name of Respondent Interex^Corporation
By
Authorized Axteht Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent
By
January 13 1988 Date
Millipore CorporationWaters Associates
Senior Vice President Title
-28shy
Cannons Engineering Corporation Administrative Order by Consent Bridgewater Removal Action
IT IS SO AGREED
Name of Respondent MONSANTO COMPANY iIs
Ishy t- r S S rr- -w ~
By
ff Title
Dote
-28shy
E00 3pound
IT IS SO AGREED
Name of Respondent
By
-IVCL
pound1
Title
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
POLAROID CORPORATION
VICE PRESIDENT AND SECRETARY Title
-28shy
IT IS SO AGREED
Name of Respondent Re eyeling Industries Inc
By
Authorized Agent title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent TECH- gTCM
By
Title
Date
-28shy
ATTACHMENT A
BRIDGEWATER CANNONS ENGINEERING CORPORATION SITE CONSENT ORDER WORK PLAN
I Introduction and Purpose
The purpose of this Consent Order Work Plan is to identify
response actions to be taKen by Respondents of the Site pursuant to
the foregoing Consent Order
I1 Scooe of Work
1 The following are the removal activities required by the
Consent Order
a Renov3- cf XTas-cs The following waste materials shall
oe roTcvo^ frcn the jte poundrd properly disposed of in accordance with
ail applj^oie erv r crrort1 laws and regulations
apprcxirrateiy 400 five-gallon pails containing
waste -atoral from inside the Equipment Building
This -aterial was previously located irsice the box
trailers
approximately 400 less than five-gallon pails which
have had the contents removed into two 55-gallon
drums
approximately one drum full and one drum 34 full
which were generated from the emptying of the above
mentioned less than five-gallon containers
-29shy
approximately 350 containers of laboratory reagents
which were abandoned in the laboratory inside the
Equipment Building
a container approximately one pint in volume
containing an unknown liquid which is considered to
be shock sensitive and will be treated as such
one five-gallon pail of bulked laboratory samples
one three-gallon pail of bulked laboratory samples
approximately 1000 gallons of aqueous waste
material contained in above-ground storage
containers which include less than 10 partially
filled druTs one dumpster and one tank trailer
appr- xiTately 25000 gallons of aqueous waste
material crrtained in the underground tanks
app r bull IT -ic-ly 500 gallons of waste oil determined
to contain a CB content of less than 2 parts per
appr c bull irrately two 55 gallon drums of materials
scraped from trailer bottoms
approximately two 55 gallon drums of contaminated
sorbent material from the equipment building floor
contaminated soil from opening area not to exceed
20 cubic yards
one 55 gallon drum approximately three-quarters
full of contaminated lab water from on-site
laboratory used during initial EPA removal
activities and
-30shy
approximately seventy-five 30 gallon garbage bags
containing contaminated protective clothing and
sampling implements
b Transportation of Wastes All of the above-described
wastes will be transported in accordance with all applicaole laws and
regulations including but not limited to all Department of
Transportation (DOT) regulations Additionally all containers
shipped off site and all vehicles carrying these containers will be
properly and completely labeled and placarded in accordance with all
applicable laws and regulations
c Disposal cf Wastes The Respondents shall make all
arrangerents necessary 10 accomplish the proper disposal of all of
the ebcve-cescribed wastes This shall include making available
disprsol perscrrel frr- -e selected disposal facility as needed to
ass-re hat the pack- J-TC snipping methods used meet the disposal
f a c i l i t y specifications f~r acceptance of wastes For elt ch waste
r-aterial ~z oe rencve-j ircr tre site the Respondents shall indicate
befcrc the waste is rerrcved frcrr the site the method of disposal the
name(s) of the facilityiies) to be utilized the compliance status of
the facility(ies) to be utilized the name(s) of transporter(s) to be
utilized the method of transport for each waste and the packaging
to be utilized
d Record of Disposal The Respondents shall provide EPA
with all paperwork documenting the location of all wastes that leave
the site This shall include all temporary storage facilities that
may be utilized before the waste reaches its final destination for
disposal All wastes removed from the site will be pursuant to an
-31shy
appropriate Hazardous Waste Manifest EPAs On-Scene Coordinator
will sign each manifest relating to the Anchor Tank material so as to
indicate that EPA is the generator of the Anchor Tank material being
removed from the site For all wastes that leave the site the
Respondents will supply information to include but not be limited
to the date of arrival and departure of each waste to or from each
facility a list of all wastes in question and the signature of the
company representative who accepted the wastes in question
Additionally for any waste that is incinerated or otherwise
destroyed the Respondents shall provide certification by a company
official of the facility destroying the waste that the waste was
ndeed destroyed ard by what nethod it was destroyed
e Site Postcraticn Before final demobilization the
^espcrv-- 3 shall restore the site to an acceptable degree This
-bullill ircl-de assur-rce tl-at no trash or waste materials or equipment
associated with any rf the removal activities is left on site Any
~aterjl including soil which has not been contaminated by site
rperatiors shall be returned to its original location
2 The following activities shall also be performed by
Respondents to fulfill the objectives of the Response Action
a Work Plan The Respondents shall prepare a Work Plan
consisting of all activities and subtasks The Work Plan shall
identify all deliverables to be produced during the Work Activities
including timetables for performance of the Work Activities and
production of the deliverables The Work Plan shall identify each
previously identified waste material to be removed from the site and
the Quality Assurance and Quality Control to be used during Work
-32shy
Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
-33shy
b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
-34shy
subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
-35shy
as may be needed to abate any such release or threat anderr (b)
undertake any actions which EPA determines are necessary to abate
such threat
23 Availability of Data Respondents shall submit to EPA the
results of all sampling andor tests and all other data generated by
Respondents by the Contractor or on Respondents behalf in the
course of implementing this Consent Order in its Progress Reports or
other Reports as described in the Work Plan or in this Consent Order
24 Record Preservation Respondents shall preserve during
tre pendency of this Consent Order and for a period of net less than
six (6) years after ecrrpletirg the work required by this Consent
Order all records arc icc--erts in their possession cr in the
c jsres rr f their ccucrse Action Contractor which relate in any
-ay z -bullbullgt --rfcrrar -ltbull i-e vork Plan cr this Consent Crccr
rotw irct-rcirg any cc-rc-i retention policy to the contrary After
bull nis - bull bullbull= perirj Pospc- Jc-its nay request in writing perrrisjion
bull jeer_y -ry sucr bullbull-bullgtrcc r docurrcr^3 This requort shall be
accrc-rci by a eery iris Consent Order and shall be rent by
certified rail return receipt requested to the following address
Robert A DiBiccaro Acting Regional Counsel (or the current Regional Counsel) US Environmental Protection Agency JFK Federal Building Rm 2203 Boston Massachusetts 02203
Within sixty (60) days of receipt of a request by Respondents to
destroy any or all such records or documents EPA will notify
Respondents whether such request has been granted or denied If EPA
denies such request Respondents shall make available to EPA such
-13shy
records and documents or copies of any such records and documents and
all obligations of Respondents to preserve records pursuant to this
Consent Order shall cease EPAs failure to respond to Respondents
request within the time period specified herein shall be deemed an
approval of said request and all obligations of Respondents to
preserve records pursuant to this Consent Order shall cease
Notwithstanding the terms of this paragraph Respondents do not waive
their rights to assert any privileges which may be applicable to such
records and documents
25 Place and Varrer of Notice Communications between
Respondents and EPA and all documents including reports approvals
disapprovals written rctices and other correspondence to be
suomitted- pursuant - rris Ccrsent Order shall be sent by certified
raI return receipt bull queste-J or by courier to the Project
Coordinator at the ll_wirg address or such other addresses as
Respcrde-gt13 cr EPA gtro-fttr ray designate in writing
a Docurc--j three ccpies) to be submitted to EPA should
oe cct to
Ricnard Haworth EPA On-Scene Coordinator US Environmental Protection Agency New England Regional Laboratory 60 Westview Street Lexington MA 02173
and one copy to
Wayne M Robinson EPA Remedial Project Manager US Environmental Protection Agency Waste Management Division JFK Federal Building HSN Boston MA 02203
-14shy
b Documents (three copies) to be submitted to Respondents
should be sent to
(name and addresses of Respondents contractors)
26 Necessity of Formal Approval No informal advice
guidance suggestions or commerts by EPA regarding reports plans
specifications schedules or any other writing submitted by
Respondents shall be construed as relieving Respondents of their
obligation to obtain such formal approvals as may be required by this
Consent Order
27 Procedure for Sbrssicn of Deliverables to EPA All
deiiveraoles identified in Attachment A for submittal to EPA shall be
so delivered to EPA in accordance with the Schedule set forth in the
Scope -f Work Prior -0 receipt of final EPA approval any report
bullbullJDTbullbullbullbull to EPA for ipprvl shall be rarked Draft on each page
arc jr-all include n a prc~irent location in the document the
follcwir- isciarcr Thib Document is a DRAFT which has not
recebullbullbullbull-bull iral EPA -ppr --I EPA will review Reports in accordance
wtn pa-rcpns 28 ne Consent Order
28 Procedure fr Review Revision and Fiial Approval of
Reports All deliverables identified in the Scope of Worn
(Attachment A) and this Consent Order for delivery to EPA (Reports)
shall be so delivered to EPA in accordance with the schedules set
forth in the Scope of Work and this Consent Order EPA will review
the Reports to determine whether they are consistent with the
requirements of the Scope of Work and Work Schedule and this Consent
Order If EPA determines that revisions to a Report are necessary
EPA will notify Respondents of EPAs requested revisions and the
-15shy
parties will expeditiously confer to discuss such requested
revisions Respondents shall thereafter submit a draft of the
revised Report in accordance with a schedule for revision set by EPA
which is reasonable considering the nature and extent of the proposed
revisions and the time period which was initially available for
Respondent to produce an acceptable report If Respondents fail to
submit such a revised Report within the specified schedule the
provisions of paragraph 30 may be invoked by any party to this
Consent Order
29 Xodificatinn ~pound Consent Order and Scooe of Wrrk This
Consent Order may only oe -edified upon the written agreement of both
EPA by signature cf Seniorsal Administrator and the Respondents
The jpprcvec ork l^r -ay to -edified by Respondents eriy upon
written crc-orent rT ~y tre signature of the Massachusetts
Section Chief and ltbullrdc-rt3 except that if CERCLA or the NCP are
ane~Jed prur to trlt bull-bullbullbullr t f c t ion of the Respondents worlt
a c t i v i t i e s is prcvij- 3 - paragraph 39 EPA nay request a
modi f icaticr to the -bullbull lax cr develop new Work Plans but only to
the extent expressly rec-jired pursuant to said amencrents of CERCLA
or the NCP Respondents assent to such a request for modification
shall not be unreasonably withheld
30 Dispute Resolution If the Respondents object to any EPA
notice of disapproval or decision made pursuant to this Consent
Order the Respondents shall notify EPA in writing of its objections
within ten (10) days of receipt of the decision EPA and the
Respondents have seven (7) days from the receipt by EPA-of the
notification of objection to reach agreement If agreement cannot be
-16shy
reached on any issue within this seven (7) day period EPA shall
provide a written statement of its decision to the Respondents
Respondents shall commence implementation of the activities required
by the EPA decision within five (5) days of receipt of the decision
In the event that the Respondents do not implement the activities
required by the EPA dt-ision the EPA Regional Administrator may take
such civil enforcement action against Respondents as may be provided
by statutory or equitable authorities including but not limited to
the assessment of such civil penalties or damages as are authorized
oy Sections 106(b)(l) and 107 (c) (3) of CERCLA as amended
31 Delav in Perf^rmancStipulated Penalties For each day
that the Respondents fail to comply with any time deadline estashy
oiioned pursuant to TS Consent Order the Respondent shall pay the
jjrrs -ot rtn belcw _ -t_ted penalties
Per cf Fail rraquo ~- Ct-plv Penalty Per Dav
1st - 7th bull-- $ 2500 8th - 15th y lOOOGi eacr ~ay th--r- -rr 400000
Any pound-cn -enalty sn^ll lt Jj- and payable within ten ilO) cays cf the
receipt cf a written demand by EPA Payment of any such penalty
shall be made by certified crecK payable to the Hazardous Substances
Superfund and mailed to the following address with a notation of the
docket number of this Consent Order
US Environmental Protection Agency Hazardous Substance Superfund P 0 Box 371003 M Pittsburgh PA 15251
-17shy
Notice that such payment has been made shall be provided in writing
to the EPA Project Coordinator The stipulated penalties set forth
in this section do not preclude EPA from electing to pursue any other
remedies or sanctions which may be available to EPA by reason of the
Respondents violation of this Consent Order or the Respondents1
failure or refusal to comply with any of the requirements of this
Order except that EPA agrees that all civil penalties for failure to
comply with the time requirements established pursuant to this
Consent Order shall be limited to the amounts calculated under this
paragraph If Resporccrtr pay stipulated penalties for a specified
period of time for late ccrpliance and EPA subsequently recovers
additional fines cr penalties for the same period of late compliance
r court the fines ard pe- 11 es shall be reduced by the arount of
tre 5tp l-iec peral c-s r~- -degr that period of late corrpliamprce
32 Excuses fr ~lpoundv~ n Perfornaree With respect to
Sespcrcc-tc corcpli -ce wit jny interim or final time deadline set
fcrtr - tris Consent ltpoundbullbull including any iTpierrentatior scnecjles
ccr cai eo in plans ^prvcJ Lv EPA pursuant to paragraph 28 and with
respect to the penalty provisions of paragraph 31 no stipulated
penalties or other sanctions will be imposed for delay directly
caused by the following which could not have been overcome by
Respondents due care (i) any act of God (ii) any Order issued to
Respondents by EPA under the provisions of paragraph 22 provided
that such delay did not arise as the result of the performance of the
Removal Activities (iii) any delay which results from failure to
secure access to the Site if the cause of such failure is not within
the control of Respondents (iv) any delays caused by EPAs failure
-18shy
to complete in a timely manner its review of plans and reports (v)
any delay experienced by the operation of the dispute resolution
procedure set forth herein and (vi) any other cause beyond the
control of Respondents provided however that increases in the cost
of performance of the removal activities shall not excuse such
performance nor affect the applicability of the penalty provisions
andor other sanctions which are provided for under this Order Such
penalties and sanctions shall be avoided only if and only to the
extcrt that such delays rratcrially interfered with or prevented
Respondents executor of their responsibilities during the period of
sucr delay Respondents shall notify EPA within twenty-four (24)
hours ir the event -hat circumstances occur which Respondents assert
snc-lu rccr the -xcu-e provisions cf this paragraph and shall
oert fy bullraquo vr spec y -bull cause or causes of such delay and the
estrat-jj J-jratior -cr Jc-liy Failure to notify EPA shall result
r - waivo Resp- j- -t right to assert that the delay should be
egtcbullbullbull L -ccr -he bullbullbullbull-- -ris paragraph Jpon receipt cf such
rot ic^i cr EPA wll -iotc-rTiie whether the delay is appropriately
exc-icd jrcer this parucraph and shall soon notify Respondents
Respondents further agree to use their best efforts to minimize any
delay which may result Respondents acknowledge that they will have
the burden of justifying excuses for delay in performance under this
paragraph
-19shy
33 Waiver of Settlement Conference In consideration of the
conununi cat ions between EPA and Respondents prior to the issuance of
this Consent Order concerning its terms Respondents hereby agree
that there is no need for a settlement conference prior to the
effective date of the Consent Order
34 Civil Penalties for Non-Compliance Respondents are
advised that except as provided by paragraph 32 of this Order if
Respondents violate or fail or refuse to comply with this Consent
Order or any portion tf-oreof EPA reserves its rights pursuant to
Sections 106(b)(l) and 107(c)(3) of CERCLA as amended with respect
to the imposition of civil penalties and punitive damages
35 Confidentiality Clairs Respondents may assert a
confidentiality clair if appropriate covering all or part of the
nf crrat en request- J LY bull_- is Consent Order pursuant to 40 CFR
2203(L) Such an ace-er en shall be adequately substantiated when
bullhe deserticn is rrj-co eitr9r analytical data nor any information
poundccfc-j in Sectin 1 - lt- ) bull 7 ) ( F cf CERCLA as amended by SARA
snail oe claimed is c- ideniial by Respondent Information
determined to be confidential by EPA shall be afforded the protection
specified by 40 CFR Part 2 Subpart B and in Section 104(e)(7) of
CERCLA as amended by SARA If no such claim accompanies the
information when it is submitted to EPA it may be made available to
the public by EPA without further notice to Respondents
36 Liability of Respondents Response Action Contractor The
Response Action Contractor in connection with the activities set
forth in Attachment A hereto shall not be liable under -CERCLA or
under any other federal law to the United States Government for costs
-20shy
or damages which result from a release or threatened release of
hazardous substances or pollutants or contaminants provided that such
releases rr threatened release was not caused by conduct of the
Response Action Contractor which was negligent grossly negligent or
which constituted intentional misconduct Said Response Action
Contractor shall have the burden of demonstrating that such conduct
was not negligent grossly negligent or did not constitute
intentional misconduct Nothing in this paragraph shall affect the
liaoiiity of any person under any warranty under federal state or
corruTon law
37 Incernnif icat icn Respondents agree to indemnify and save
arc hole rarriess the Jrtec States Government its agencies
jep bull--bullbullbull z agens ffcerrgt employees and representatives from
jry -c ciairs r --bullbull_ f action arising from or cr account of
acts r -lesions z gtcc----z their officers employees agents
-bullco vo - bull r-jsteei i2s--_ r contractors in carrying cut the
-ct bullbullbull- L^rsuant bull bull rs -rpoundent Order
38 eccvery bull Cs ~ EPA reserves the right to bri-c an
action acairst Respcrcert pursuant to Section 107 of CERC1A for
recovery of costs incurred in oversight consistent with paragraph 17
herein administration and enforcement of this Consent Order and
any other past and future costs incurred by the United States
Government in connection with response activities conducted pursuant
to CERCLA at this Site
39 Certification of Respondents Performance of the Work
Activities Upon receipt by EPA of notice from Respondents that
they believe they have satisfied their obligations under the Work
-21shy
Plan and this Consent Order EPA shall determine if Respondents
have met all of their responsibilities under the Work Plan and
under the provisions cf this Consent Order Within twenty-one
(21) days after receipt of said notice EPA will either (a)
provide Respondents with a statement of all of their
responsibilities which EPA believes are still outstanding or (b)
certify to Respondents that their responsibilities under the Scope
or Work and under the provisions of this Consent Order have been
cotrpleteiy and successfully discharged and that the work performed
by Respondents pursuant to this Consent Order and the Scope cf
Aorlt is consistent with the NC
bull10 Covenant Sst to Sue and Contribution Protection In
ccroicerat cr of and pcr certification by EPA that Respondents have
ccTplc-toly Jird succ-r i^lly d5charged their responsibilities under
ti-e -or- Plan and j-J^r the provisions of this Consent Order as
provided -or in parr ph 33 herein EPA covenants not to s-e
Rerc rdct3 n any bdquobull v 1 cr viririst rat ive action for the performance
cf tre vcrK Plan bull v jec rcwcvcr such covenant not to sue does
not extend to any ether liabilities that may be associated with the
Site including but not limited to any other response actions that
have been or may be undertaken at the Site This covenant not to sue
becomes effective upon the issuance by EPA of the certification
provided in paragraph 39 Nothing in this paragraph shall preclude
EPA from enforcing the provisions of this Consent Order in any
judicial or administrative proceeding It is the intention and
understanding of the parties to this Consent Order that the
-22shy
protection from contribution claims as provided by Section 113(b)(2)
of CERC1A as amended applies to any claim with respect to
performance of the activities pursuant to the Work Plan
41 Credit for Expenditures made pursuant to this Order
A Upon certification that Respondents have discharged
their responsibilities pursuant to the Work Plan and under the
provisions of this Consent Order Respondents shall present EPA with
an accounting of (1) all costs incurred consistent with the NCP in
deveioprert of the Work Plan and in performance of the Work Plan and
the other activities required by this Consent Order those costs will
oe segregated into two categories costs specifically associated with
bullr-e Arcror Tank Materials and all other costs and (2) the amounts
paid by -acr Pespcrdc-rr n connection therewith EPA agrees that
bullaiJ gtbull_bullbull rall no rjt i bull--bull a penalty paid by the Respondents
3 With bull-bull_bull (20) cays of receipt of such accounting
~A w i l l approve all --sts jccr-nted for by Respondents which are
orr2-t with =uup jrapr -(I) (Approved Consent Order Costs)
per z^cr approval ~A ^are-_3 to reduc-3 the amount of response costs
wnich it will seek to recover from Respondents pursuant to CERCLA or
otherwise in connection with the Site according to the following
formula said response costs shall be reduced by the Approved
Consent Order costs incurred in performing the work activities
associated with the Anchor Tank materials and by the amount resulting
from multiplying the Approved Consent Order Costs other than those
associated with Anchor Tank Materials times the quantity one minus
the result of dividing the aggregate volume of the Respondents waste
by the total volume of waste sent to the Site The volumes for these
-23shy
calculations shall be taken from the Volumetric Sank List attached as
Appendix 3 to the Administrative Order by Consent Docket No
at the time of publication in the Federal Register
C In the event that any Respondent otherwise receives
credit for Approved Consent Order Costs through settlement or
litigation the credit amount calculated under subparagraph (b) for
all Respc-dents shall be reduced by the amount of the credit received
through these other channels Moreover this paragraph shall in no
way limit or affect EFAs right to seek joint and several liability
against Respondents in any court action for all damages arc ether
costs incurred or to be incurred by EPA at the Cannons Engineering
Corporation Site This reduction in EPAs response costs with
respect - the Site -rail affect only recovery of response costs from
-r-e rc-cp-T-i--nts arc r l iv -o way affect the right cf EPA to seek
cint and -everai l i a b i l i t y JPC recovery of all resporse costs from
potentially respcrciLlo parties other than Respondents
42 PAs Re-laquobullbullbullbullbullbull-bull -- -f Richts EPA expressly reserves all
tre right- and defevcvs tra- it may have including EPAs right to
disapprove of work prforrcd by Respondents and to request that
Respondents perform tasks in addition to those detailed in this
Consent Order In addition EPA reserves the right to undertake
removal andor remedial actions at any time and to perform any and
all portions of the Work Activities which Respondents have failed to
perform properly provided however that EPA agrees to use its best
efforts to avoid duplication of Respondents activitiesunder this
Order Except as otherwise limited by paragraphs 31 and 32 EPA
reserves any and all rights to take any enforcement action pursuant
-24shy
to CERCLA as amended by SARA andor any available legal authority
This Consent Orde- does not constitute any decision on the
preauthorization of funds under Section lll(a)(2) of CERCLA as
amended by SARA
43 Respondents Reservation of Rights The participation by
Respondents in entering into and carrying out the terms of this
Consent Order shall rct be considered an admission of liability for
any purpose Nor shall such actions or participation by Respondents
constitute a commitrort or agreement either express or ixpiied to
undertake further activities at the Site other than these necessary
to perferr the Remcvcl Activities in accordance with the Work Plan
and rris Ccnsent Order or to undertake any remedial actions at the
Site r-ctwi thstandir -ry finding conclusions or reccn-Terdat ions
-ace - crrecticn ~-- performance of the Work Plan Except as
exprezly ret fortr - trie Consent Order Respondents reserve all
rcr= -rey r-_ have- -o opprre or defend against any action or claim
o r c ~ r t j
bull ther Clbull mdash Nothirg in tris Consent Order snail
constitute or be ccrstrucd as a release or a covenant not to sue
regarding any claim cause of action or demand in law or equity
against any person firm trust joint venture partnership
corporation or other entity not a signatory to this Consent Order for
any liability it may have arising out of or relating in any way to
the generation storage treatment handling transportation
release or disposal of any hazardous substances hazardous wastes
pollutants or contaminants found at taken to or taken from the
Site EPA shall not be liable for any injuries or damages to persons
-25shy
or property resulting from actions or omissions of Respondents in
carryinc out the activities pursuant to this Consent Order nor shall
EPA be held as a party to or in any other way liable under any
contract entered into by Respondents or by the Response Action
Contractor in carrying out the activities pursuant to this Consent
Order Except as otherwise herein set forth or agreed this Consent
Order shall not estop or limit any legal or equitable claims of the
United States against Respondents their agents contractors or
assigns including but not limited to claims related to releases of
hazardous substances gtr other pollutants or contaminants
45 Other laws All actions required to be taken pursuant to
-his Consent Order snail be undertaken in accordance with the
recjirererts of all appi icabl-e state and federal laws and regulashy
ticrs rcl-cirg laws rolatira to occupational safety and health and
ctrer federal envi r rctul laws as defined in current EPA policy
Otfer agencies nclJc -he Occupational Safety and Health
-crir 12 ration lOSi- -rd bull e fish and Wildlife Service (FiWS) may
oe called jpon to rev-- rc ccndjct of work under this Consent
Order In the event ihat there is a conflict in the application of
federal or state laws cr regulations the more stringent of the
conflicting provisions shall apply
46 Notice to the State Pursuant to the requirements of
Section 121(f) and 104(b)(2) of CERCLA as amended by SARA EPA has
notified the Commonwealth of Massachusetts of the scope of the
Response Action the negotiations with the potentially responsible
parties and of the issuance of this Consent Order
-26shy
47 Notice to the Federal Natural Resource Trustee Pursuant
to Sections 122(j) of SARA EPA has notified the Federal Natural
Resource Trustee of the scope of the Response Action the negotiation
with the potentially responsible parties and of the issuance of this
Consent Order
48 Separate Documents This Consent Order may be executed in
two or more counterparts each of which shall be deemed an original
but all of which together shall constitute one and the same
instrument
49 Effective Dare This Consent Order shall be effective upon
the date cf Respondents1 receipt of notice of signature by the
Seccrai Administrate- All times for performance of activities
jrcer -5 Consent Crder shall be calculated from that date
IT S SO AJPEID AND 3IRID iV
bullcr-e P leiarc Date
-27shy
IT IS SO AGREED
Name of Respondent ACUSHNET COMPANY
By Dale M Shenk Vice President and Controller
Title
January T 8 8 Date
-28shy
IT IS SO AGREED AMERICAN C^AMID COMPANY
Name of Respondent
By A JsJ Costello
Executive Vice President Title
bulljruary 1D3S Date
-28shy
IT IS SO AGREES
AMERICAN NATIONAL CAN CORPORATION Name cf Respondent
By S1U4uJ [ampJUULL~-~AT LAW
JAMES BALLS bull_
Title
JAMASY 7Date
198B
laquo By his signature hereon Janes Seller certifies that he has authority to bind Respondent to the terms of this agreement
-28shy
IT IS SO AGREED
ATampT Technologies Inc Name of Respondent
By ATampT-Engineering Vice President
Title
Date
-28shy
0 A
IT IS SO A G R E E D
Name of Respondent
By John L Fox
General Manager Title
January 6 T968 Date
-28shy
IT IS SO AGREED
Name of R e s p o n d e n t ^-
CHAMBERLAIN MANUFACTURING CORPORATION
By
General Co Title
Jaruar- D a t e
1988
-28shy
IT IS 60 AGREED
Name of Respondent ^ t~poundr llS^eL
Byj Richard Barth
Preeident fc Chief Executive Officer Title
CIBA-GEIGY corporation January 6 1988
Date
-28shy
IT IS SO AGREED
Name of Respondent Earthline Company fsCA
By
Authorized Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent FAIRCHILD SEMICONDUCTOR CORPORATION
By C R Bostic
Its Representative Title
January 4 1986 Date
-28shy
IT IS SO AGREED
Name of Respondent Franklin Pumping Service Inc
By
J I J (President)
1788 Date
-28shy
IT IS SO AGREED
Name of Respondent General Dynamics Corporation
By
Daniel S Hapke Assistant General Counsel T i t l e
4 January 1988 Date
-28shy
IT 18 SO AGREED i
of Ropondtnt
By
-28shy
In the Matter of Cannons Engineering Corporation Administrative Order by Consent
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
Hoechst Celane^e Corporation
Heinz X HofmeistermdashVice President Title
-28shy
IT IS SO AGREED
Name of Respondent HoffaeM-La Bocht Inc
By EB Anderson Senior Viet Prttident
Title
-28shy
P3 ICIO UflWDGFT GO JMN 0 8
XT IS SO ACREEDi
of Respondent rrt
bullyi
Jlflua r v 7 shym
IT IS SO AGREED
Name of Respondent Interex^Corporation
By
Authorized Axteht Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent
By
January 13 1988 Date
Millipore CorporationWaters Associates
Senior Vice President Title
-28shy
Cannons Engineering Corporation Administrative Order by Consent Bridgewater Removal Action
IT IS SO AGREED
Name of Respondent MONSANTO COMPANY iIs
Ishy t- r S S rr- -w ~
By
ff Title
Dote
-28shy
E00 3pound
IT IS SO AGREED
Name of Respondent
By
-IVCL
pound1
Title
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
POLAROID CORPORATION
VICE PRESIDENT AND SECRETARY Title
-28shy
IT IS SO AGREED
Name of Respondent Re eyeling Industries Inc
By
Authorized Agent title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent TECH- gTCM
By
Title
Date
-28shy
ATTACHMENT A
BRIDGEWATER CANNONS ENGINEERING CORPORATION SITE CONSENT ORDER WORK PLAN
I Introduction and Purpose
The purpose of this Consent Order Work Plan is to identify
response actions to be taKen by Respondents of the Site pursuant to
the foregoing Consent Order
I1 Scooe of Work
1 The following are the removal activities required by the
Consent Order
a Renov3- cf XTas-cs The following waste materials shall
oe roTcvo^ frcn the jte poundrd properly disposed of in accordance with
ail applj^oie erv r crrort1 laws and regulations
apprcxirrateiy 400 five-gallon pails containing
waste -atoral from inside the Equipment Building
This -aterial was previously located irsice the box
trailers
approximately 400 less than five-gallon pails which
have had the contents removed into two 55-gallon
drums
approximately one drum full and one drum 34 full
which were generated from the emptying of the above
mentioned less than five-gallon containers
-29shy
approximately 350 containers of laboratory reagents
which were abandoned in the laboratory inside the
Equipment Building
a container approximately one pint in volume
containing an unknown liquid which is considered to
be shock sensitive and will be treated as such
one five-gallon pail of bulked laboratory samples
one three-gallon pail of bulked laboratory samples
approximately 1000 gallons of aqueous waste
material contained in above-ground storage
containers which include less than 10 partially
filled druTs one dumpster and one tank trailer
appr- xiTately 25000 gallons of aqueous waste
material crrtained in the underground tanks
app r bull IT -ic-ly 500 gallons of waste oil determined
to contain a CB content of less than 2 parts per
appr c bull irrately two 55 gallon drums of materials
scraped from trailer bottoms
approximately two 55 gallon drums of contaminated
sorbent material from the equipment building floor
contaminated soil from opening area not to exceed
20 cubic yards
one 55 gallon drum approximately three-quarters
full of contaminated lab water from on-site
laboratory used during initial EPA removal
activities and
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approximately seventy-five 30 gallon garbage bags
containing contaminated protective clothing and
sampling implements
b Transportation of Wastes All of the above-described
wastes will be transported in accordance with all applicaole laws and
regulations including but not limited to all Department of
Transportation (DOT) regulations Additionally all containers
shipped off site and all vehicles carrying these containers will be
properly and completely labeled and placarded in accordance with all
applicable laws and regulations
c Disposal cf Wastes The Respondents shall make all
arrangerents necessary 10 accomplish the proper disposal of all of
the ebcve-cescribed wastes This shall include making available
disprsol perscrrel frr- -e selected disposal facility as needed to
ass-re hat the pack- J-TC snipping methods used meet the disposal
f a c i l i t y specifications f~r acceptance of wastes For elt ch waste
r-aterial ~z oe rencve-j ircr tre site the Respondents shall indicate
befcrc the waste is rerrcved frcrr the site the method of disposal the
name(s) of the facilityiies) to be utilized the compliance status of
the facility(ies) to be utilized the name(s) of transporter(s) to be
utilized the method of transport for each waste and the packaging
to be utilized
d Record of Disposal The Respondents shall provide EPA
with all paperwork documenting the location of all wastes that leave
the site This shall include all temporary storage facilities that
may be utilized before the waste reaches its final destination for
disposal All wastes removed from the site will be pursuant to an
-31shy
appropriate Hazardous Waste Manifest EPAs On-Scene Coordinator
will sign each manifest relating to the Anchor Tank material so as to
indicate that EPA is the generator of the Anchor Tank material being
removed from the site For all wastes that leave the site the
Respondents will supply information to include but not be limited
to the date of arrival and departure of each waste to or from each
facility a list of all wastes in question and the signature of the
company representative who accepted the wastes in question
Additionally for any waste that is incinerated or otherwise
destroyed the Respondents shall provide certification by a company
official of the facility destroying the waste that the waste was
ndeed destroyed ard by what nethod it was destroyed
e Site Postcraticn Before final demobilization the
^espcrv-- 3 shall restore the site to an acceptable degree This
-bullill ircl-de assur-rce tl-at no trash or waste materials or equipment
associated with any rf the removal activities is left on site Any
~aterjl including soil which has not been contaminated by site
rperatiors shall be returned to its original location
2 The following activities shall also be performed by
Respondents to fulfill the objectives of the Response Action
a Work Plan The Respondents shall prepare a Work Plan
consisting of all activities and subtasks The Work Plan shall
identify all deliverables to be produced during the Work Activities
including timetables for performance of the Work Activities and
production of the deliverables The Work Plan shall identify each
previously identified waste material to be removed from the site and
the Quality Assurance and Quality Control to be used during Work
-32shy
Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
-33shy
b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
-34shy
subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
-35shy
records and documents or copies of any such records and documents and
all obligations of Respondents to preserve records pursuant to this
Consent Order shall cease EPAs failure to respond to Respondents
request within the time period specified herein shall be deemed an
approval of said request and all obligations of Respondents to
preserve records pursuant to this Consent Order shall cease
Notwithstanding the terms of this paragraph Respondents do not waive
their rights to assert any privileges which may be applicable to such
records and documents
25 Place and Varrer of Notice Communications between
Respondents and EPA and all documents including reports approvals
disapprovals written rctices and other correspondence to be
suomitted- pursuant - rris Ccrsent Order shall be sent by certified
raI return receipt bull queste-J or by courier to the Project
Coordinator at the ll_wirg address or such other addresses as
Respcrde-gt13 cr EPA gtro-fttr ray designate in writing
a Docurc--j three ccpies) to be submitted to EPA should
oe cct to
Ricnard Haworth EPA On-Scene Coordinator US Environmental Protection Agency New England Regional Laboratory 60 Westview Street Lexington MA 02173
and one copy to
Wayne M Robinson EPA Remedial Project Manager US Environmental Protection Agency Waste Management Division JFK Federal Building HSN Boston MA 02203
-14shy
b Documents (three copies) to be submitted to Respondents
should be sent to
(name and addresses of Respondents contractors)
26 Necessity of Formal Approval No informal advice
guidance suggestions or commerts by EPA regarding reports plans
specifications schedules or any other writing submitted by
Respondents shall be construed as relieving Respondents of their
obligation to obtain such formal approvals as may be required by this
Consent Order
27 Procedure for Sbrssicn of Deliverables to EPA All
deiiveraoles identified in Attachment A for submittal to EPA shall be
so delivered to EPA in accordance with the Schedule set forth in the
Scope -f Work Prior -0 receipt of final EPA approval any report
bullbullJDTbullbullbullbull to EPA for ipprvl shall be rarked Draft on each page
arc jr-all include n a prc~irent location in the document the
follcwir- isciarcr Thib Document is a DRAFT which has not
recebullbullbullbull-bull iral EPA -ppr --I EPA will review Reports in accordance
wtn pa-rcpns 28 ne Consent Order
28 Procedure fr Review Revision and Fiial Approval of
Reports All deliverables identified in the Scope of Worn
(Attachment A) and this Consent Order for delivery to EPA (Reports)
shall be so delivered to EPA in accordance with the schedules set
forth in the Scope of Work and this Consent Order EPA will review
the Reports to determine whether they are consistent with the
requirements of the Scope of Work and Work Schedule and this Consent
Order If EPA determines that revisions to a Report are necessary
EPA will notify Respondents of EPAs requested revisions and the
-15shy
parties will expeditiously confer to discuss such requested
revisions Respondents shall thereafter submit a draft of the
revised Report in accordance with a schedule for revision set by EPA
which is reasonable considering the nature and extent of the proposed
revisions and the time period which was initially available for
Respondent to produce an acceptable report If Respondents fail to
submit such a revised Report within the specified schedule the
provisions of paragraph 30 may be invoked by any party to this
Consent Order
29 Xodificatinn ~pound Consent Order and Scooe of Wrrk This
Consent Order may only oe -edified upon the written agreement of both
EPA by signature cf Seniorsal Administrator and the Respondents
The jpprcvec ork l^r -ay to -edified by Respondents eriy upon
written crc-orent rT ~y tre signature of the Massachusetts
Section Chief and ltbullrdc-rt3 except that if CERCLA or the NCP are
ane~Jed prur to trlt bull-bullbullbullr t f c t ion of the Respondents worlt
a c t i v i t i e s is prcvij- 3 - paragraph 39 EPA nay request a
modi f icaticr to the -bullbull lax cr develop new Work Plans but only to
the extent expressly rec-jired pursuant to said amencrents of CERCLA
or the NCP Respondents assent to such a request for modification
shall not be unreasonably withheld
30 Dispute Resolution If the Respondents object to any EPA
notice of disapproval or decision made pursuant to this Consent
Order the Respondents shall notify EPA in writing of its objections
within ten (10) days of receipt of the decision EPA and the
Respondents have seven (7) days from the receipt by EPA-of the
notification of objection to reach agreement If agreement cannot be
-16shy
reached on any issue within this seven (7) day period EPA shall
provide a written statement of its decision to the Respondents
Respondents shall commence implementation of the activities required
by the EPA decision within five (5) days of receipt of the decision
In the event that the Respondents do not implement the activities
required by the EPA dt-ision the EPA Regional Administrator may take
such civil enforcement action against Respondents as may be provided
by statutory or equitable authorities including but not limited to
the assessment of such civil penalties or damages as are authorized
oy Sections 106(b)(l) and 107 (c) (3) of CERCLA as amended
31 Delav in Perf^rmancStipulated Penalties For each day
that the Respondents fail to comply with any time deadline estashy
oiioned pursuant to TS Consent Order the Respondent shall pay the
jjrrs -ot rtn belcw _ -t_ted penalties
Per cf Fail rraquo ~- Ct-plv Penalty Per Dav
1st - 7th bull-- $ 2500 8th - 15th y lOOOGi eacr ~ay th--r- -rr 400000
Any pound-cn -enalty sn^ll lt Jj- and payable within ten ilO) cays cf the
receipt cf a written demand by EPA Payment of any such penalty
shall be made by certified crecK payable to the Hazardous Substances
Superfund and mailed to the following address with a notation of the
docket number of this Consent Order
US Environmental Protection Agency Hazardous Substance Superfund P 0 Box 371003 M Pittsburgh PA 15251
-17shy
Notice that such payment has been made shall be provided in writing
to the EPA Project Coordinator The stipulated penalties set forth
in this section do not preclude EPA from electing to pursue any other
remedies or sanctions which may be available to EPA by reason of the
Respondents violation of this Consent Order or the Respondents1
failure or refusal to comply with any of the requirements of this
Order except that EPA agrees that all civil penalties for failure to
comply with the time requirements established pursuant to this
Consent Order shall be limited to the amounts calculated under this
paragraph If Resporccrtr pay stipulated penalties for a specified
period of time for late ccrpliance and EPA subsequently recovers
additional fines cr penalties for the same period of late compliance
r court the fines ard pe- 11 es shall be reduced by the arount of
tre 5tp l-iec peral c-s r~- -degr that period of late corrpliamprce
32 Excuses fr ~lpoundv~ n Perfornaree With respect to
Sespcrcc-tc corcpli -ce wit jny interim or final time deadline set
fcrtr - tris Consent ltpoundbullbull including any iTpierrentatior scnecjles
ccr cai eo in plans ^prvcJ Lv EPA pursuant to paragraph 28 and with
respect to the penalty provisions of paragraph 31 no stipulated
penalties or other sanctions will be imposed for delay directly
caused by the following which could not have been overcome by
Respondents due care (i) any act of God (ii) any Order issued to
Respondents by EPA under the provisions of paragraph 22 provided
that such delay did not arise as the result of the performance of the
Removal Activities (iii) any delay which results from failure to
secure access to the Site if the cause of such failure is not within
the control of Respondents (iv) any delays caused by EPAs failure
-18shy
to complete in a timely manner its review of plans and reports (v)
any delay experienced by the operation of the dispute resolution
procedure set forth herein and (vi) any other cause beyond the
control of Respondents provided however that increases in the cost
of performance of the removal activities shall not excuse such
performance nor affect the applicability of the penalty provisions
andor other sanctions which are provided for under this Order Such
penalties and sanctions shall be avoided only if and only to the
extcrt that such delays rratcrially interfered with or prevented
Respondents executor of their responsibilities during the period of
sucr delay Respondents shall notify EPA within twenty-four (24)
hours ir the event -hat circumstances occur which Respondents assert
snc-lu rccr the -xcu-e provisions cf this paragraph and shall
oert fy bullraquo vr spec y -bull cause or causes of such delay and the
estrat-jj J-jratior -cr Jc-liy Failure to notify EPA shall result
r - waivo Resp- j- -t right to assert that the delay should be
egtcbullbullbull L -ccr -he bullbullbullbull-- -ris paragraph Jpon receipt cf such
rot ic^i cr EPA wll -iotc-rTiie whether the delay is appropriately
exc-icd jrcer this parucraph and shall soon notify Respondents
Respondents further agree to use their best efforts to minimize any
delay which may result Respondents acknowledge that they will have
the burden of justifying excuses for delay in performance under this
paragraph
-19shy
33 Waiver of Settlement Conference In consideration of the
conununi cat ions between EPA and Respondents prior to the issuance of
this Consent Order concerning its terms Respondents hereby agree
that there is no need for a settlement conference prior to the
effective date of the Consent Order
34 Civil Penalties for Non-Compliance Respondents are
advised that except as provided by paragraph 32 of this Order if
Respondents violate or fail or refuse to comply with this Consent
Order or any portion tf-oreof EPA reserves its rights pursuant to
Sections 106(b)(l) and 107(c)(3) of CERCLA as amended with respect
to the imposition of civil penalties and punitive damages
35 Confidentiality Clairs Respondents may assert a
confidentiality clair if appropriate covering all or part of the
nf crrat en request- J LY bull_- is Consent Order pursuant to 40 CFR
2203(L) Such an ace-er en shall be adequately substantiated when
bullhe deserticn is rrj-co eitr9r analytical data nor any information
poundccfc-j in Sectin 1 - lt- ) bull 7 ) ( F cf CERCLA as amended by SARA
snail oe claimed is c- ideniial by Respondent Information
determined to be confidential by EPA shall be afforded the protection
specified by 40 CFR Part 2 Subpart B and in Section 104(e)(7) of
CERCLA as amended by SARA If no such claim accompanies the
information when it is submitted to EPA it may be made available to
the public by EPA without further notice to Respondents
36 Liability of Respondents Response Action Contractor The
Response Action Contractor in connection with the activities set
forth in Attachment A hereto shall not be liable under -CERCLA or
under any other federal law to the United States Government for costs
-20shy
or damages which result from a release or threatened release of
hazardous substances or pollutants or contaminants provided that such
releases rr threatened release was not caused by conduct of the
Response Action Contractor which was negligent grossly negligent or
which constituted intentional misconduct Said Response Action
Contractor shall have the burden of demonstrating that such conduct
was not negligent grossly negligent or did not constitute
intentional misconduct Nothing in this paragraph shall affect the
liaoiiity of any person under any warranty under federal state or
corruTon law
37 Incernnif icat icn Respondents agree to indemnify and save
arc hole rarriess the Jrtec States Government its agencies
jep bull--bullbullbull z agens ffcerrgt employees and representatives from
jry -c ciairs r --bullbull_ f action arising from or cr account of
acts r -lesions z gtcc----z their officers employees agents
-bullco vo - bull r-jsteei i2s--_ r contractors in carrying cut the
-ct bullbullbull- L^rsuant bull bull rs -rpoundent Order
38 eccvery bull Cs ~ EPA reserves the right to bri-c an
action acairst Respcrcert pursuant to Section 107 of CERC1A for
recovery of costs incurred in oversight consistent with paragraph 17
herein administration and enforcement of this Consent Order and
any other past and future costs incurred by the United States
Government in connection with response activities conducted pursuant
to CERCLA at this Site
39 Certification of Respondents Performance of the Work
Activities Upon receipt by EPA of notice from Respondents that
they believe they have satisfied their obligations under the Work
-21shy
Plan and this Consent Order EPA shall determine if Respondents
have met all of their responsibilities under the Work Plan and
under the provisions cf this Consent Order Within twenty-one
(21) days after receipt of said notice EPA will either (a)
provide Respondents with a statement of all of their
responsibilities which EPA believes are still outstanding or (b)
certify to Respondents that their responsibilities under the Scope
or Work and under the provisions of this Consent Order have been
cotrpleteiy and successfully discharged and that the work performed
by Respondents pursuant to this Consent Order and the Scope cf
Aorlt is consistent with the NC
bull10 Covenant Sst to Sue and Contribution Protection In
ccroicerat cr of and pcr certification by EPA that Respondents have
ccTplc-toly Jird succ-r i^lly d5charged their responsibilities under
ti-e -or- Plan and j-J^r the provisions of this Consent Order as
provided -or in parr ph 33 herein EPA covenants not to s-e
Rerc rdct3 n any bdquobull v 1 cr viririst rat ive action for the performance
cf tre vcrK Plan bull v jec rcwcvcr such covenant not to sue does
not extend to any ether liabilities that may be associated with the
Site including but not limited to any other response actions that
have been or may be undertaken at the Site This covenant not to sue
becomes effective upon the issuance by EPA of the certification
provided in paragraph 39 Nothing in this paragraph shall preclude
EPA from enforcing the provisions of this Consent Order in any
judicial or administrative proceeding It is the intention and
understanding of the parties to this Consent Order that the
-22shy
protection from contribution claims as provided by Section 113(b)(2)
of CERC1A as amended applies to any claim with respect to
performance of the activities pursuant to the Work Plan
41 Credit for Expenditures made pursuant to this Order
A Upon certification that Respondents have discharged
their responsibilities pursuant to the Work Plan and under the
provisions of this Consent Order Respondents shall present EPA with
an accounting of (1) all costs incurred consistent with the NCP in
deveioprert of the Work Plan and in performance of the Work Plan and
the other activities required by this Consent Order those costs will
oe segregated into two categories costs specifically associated with
bullr-e Arcror Tank Materials and all other costs and (2) the amounts
paid by -acr Pespcrdc-rr n connection therewith EPA agrees that
bullaiJ gtbull_bullbull rall no rjt i bull--bull a penalty paid by the Respondents
3 With bull-bull_bull (20) cays of receipt of such accounting
~A w i l l approve all --sts jccr-nted for by Respondents which are
orr2-t with =uup jrapr -(I) (Approved Consent Order Costs)
per z^cr approval ~A ^are-_3 to reduc-3 the amount of response costs
wnich it will seek to recover from Respondents pursuant to CERCLA or
otherwise in connection with the Site according to the following
formula said response costs shall be reduced by the Approved
Consent Order costs incurred in performing the work activities
associated with the Anchor Tank materials and by the amount resulting
from multiplying the Approved Consent Order Costs other than those
associated with Anchor Tank Materials times the quantity one minus
the result of dividing the aggregate volume of the Respondents waste
by the total volume of waste sent to the Site The volumes for these
-23shy
calculations shall be taken from the Volumetric Sank List attached as
Appendix 3 to the Administrative Order by Consent Docket No
at the time of publication in the Federal Register
C In the event that any Respondent otherwise receives
credit for Approved Consent Order Costs through settlement or
litigation the credit amount calculated under subparagraph (b) for
all Respc-dents shall be reduced by the amount of the credit received
through these other channels Moreover this paragraph shall in no
way limit or affect EFAs right to seek joint and several liability
against Respondents in any court action for all damages arc ether
costs incurred or to be incurred by EPA at the Cannons Engineering
Corporation Site This reduction in EPAs response costs with
respect - the Site -rail affect only recovery of response costs from
-r-e rc-cp-T-i--nts arc r l iv -o way affect the right cf EPA to seek
cint and -everai l i a b i l i t y JPC recovery of all resporse costs from
potentially respcrciLlo parties other than Respondents
42 PAs Re-laquobullbullbullbullbullbull-bull -- -f Richts EPA expressly reserves all
tre right- and defevcvs tra- it may have including EPAs right to
disapprove of work prforrcd by Respondents and to request that
Respondents perform tasks in addition to those detailed in this
Consent Order In addition EPA reserves the right to undertake
removal andor remedial actions at any time and to perform any and
all portions of the Work Activities which Respondents have failed to
perform properly provided however that EPA agrees to use its best
efforts to avoid duplication of Respondents activitiesunder this
Order Except as otherwise limited by paragraphs 31 and 32 EPA
reserves any and all rights to take any enforcement action pursuant
-24shy
to CERCLA as amended by SARA andor any available legal authority
This Consent Orde- does not constitute any decision on the
preauthorization of funds under Section lll(a)(2) of CERCLA as
amended by SARA
43 Respondents Reservation of Rights The participation by
Respondents in entering into and carrying out the terms of this
Consent Order shall rct be considered an admission of liability for
any purpose Nor shall such actions or participation by Respondents
constitute a commitrort or agreement either express or ixpiied to
undertake further activities at the Site other than these necessary
to perferr the Remcvcl Activities in accordance with the Work Plan
and rris Ccnsent Order or to undertake any remedial actions at the
Site r-ctwi thstandir -ry finding conclusions or reccn-Terdat ions
-ace - crrecticn ~-- performance of the Work Plan Except as
exprezly ret fortr - trie Consent Order Respondents reserve all
rcr= -rey r-_ have- -o opprre or defend against any action or claim
o r c ~ r t j
bull ther Clbull mdash Nothirg in tris Consent Order snail
constitute or be ccrstrucd as a release or a covenant not to sue
regarding any claim cause of action or demand in law or equity
against any person firm trust joint venture partnership
corporation or other entity not a signatory to this Consent Order for
any liability it may have arising out of or relating in any way to
the generation storage treatment handling transportation
release or disposal of any hazardous substances hazardous wastes
pollutants or contaminants found at taken to or taken from the
Site EPA shall not be liable for any injuries or damages to persons
-25shy
or property resulting from actions or omissions of Respondents in
carryinc out the activities pursuant to this Consent Order nor shall
EPA be held as a party to or in any other way liable under any
contract entered into by Respondents or by the Response Action
Contractor in carrying out the activities pursuant to this Consent
Order Except as otherwise herein set forth or agreed this Consent
Order shall not estop or limit any legal or equitable claims of the
United States against Respondents their agents contractors or
assigns including but not limited to claims related to releases of
hazardous substances gtr other pollutants or contaminants
45 Other laws All actions required to be taken pursuant to
-his Consent Order snail be undertaken in accordance with the
recjirererts of all appi icabl-e state and federal laws and regulashy
ticrs rcl-cirg laws rolatira to occupational safety and health and
ctrer federal envi r rctul laws as defined in current EPA policy
Otfer agencies nclJc -he Occupational Safety and Health
-crir 12 ration lOSi- -rd bull e fish and Wildlife Service (FiWS) may
oe called jpon to rev-- rc ccndjct of work under this Consent
Order In the event ihat there is a conflict in the application of
federal or state laws cr regulations the more stringent of the
conflicting provisions shall apply
46 Notice to the State Pursuant to the requirements of
Section 121(f) and 104(b)(2) of CERCLA as amended by SARA EPA has
notified the Commonwealth of Massachusetts of the scope of the
Response Action the negotiations with the potentially responsible
parties and of the issuance of this Consent Order
-26shy
47 Notice to the Federal Natural Resource Trustee Pursuant
to Sections 122(j) of SARA EPA has notified the Federal Natural
Resource Trustee of the scope of the Response Action the negotiation
with the potentially responsible parties and of the issuance of this
Consent Order
48 Separate Documents This Consent Order may be executed in
two or more counterparts each of which shall be deemed an original
but all of which together shall constitute one and the same
instrument
49 Effective Dare This Consent Order shall be effective upon
the date cf Respondents1 receipt of notice of signature by the
Seccrai Administrate- All times for performance of activities
jrcer -5 Consent Crder shall be calculated from that date
IT S SO AJPEID AND 3IRID iV
bullcr-e P leiarc Date
-27shy
IT IS SO AGREED
Name of Respondent ACUSHNET COMPANY
By Dale M Shenk Vice President and Controller
Title
January T 8 8 Date
-28shy
IT IS SO AGREED AMERICAN C^AMID COMPANY
Name of Respondent
By A JsJ Costello
Executive Vice President Title
bulljruary 1D3S Date
-28shy
IT IS SO AGREES
AMERICAN NATIONAL CAN CORPORATION Name cf Respondent
By S1U4uJ [ampJUULL~-~AT LAW
JAMES BALLS bull_
Title
JAMASY 7Date
198B
laquo By his signature hereon Janes Seller certifies that he has authority to bind Respondent to the terms of this agreement
-28shy
IT IS SO AGREED
ATampT Technologies Inc Name of Respondent
By ATampT-Engineering Vice President
Title
Date
-28shy
0 A
IT IS SO A G R E E D
Name of Respondent
By John L Fox
General Manager Title
January 6 T968 Date
-28shy
IT IS SO AGREED
Name of R e s p o n d e n t ^-
CHAMBERLAIN MANUFACTURING CORPORATION
By
General Co Title
Jaruar- D a t e
1988
-28shy
IT IS 60 AGREED
Name of Respondent ^ t~poundr llS^eL
Byj Richard Barth
Preeident fc Chief Executive Officer Title
CIBA-GEIGY corporation January 6 1988
Date
-28shy
IT IS SO AGREED
Name of Respondent Earthline Company fsCA
By
Authorized Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent FAIRCHILD SEMICONDUCTOR CORPORATION
By C R Bostic
Its Representative Title
January 4 1986 Date
-28shy
IT IS SO AGREED
Name of Respondent Franklin Pumping Service Inc
By
J I J (President)
1788 Date
-28shy
IT IS SO AGREED
Name of Respondent General Dynamics Corporation
By
Daniel S Hapke Assistant General Counsel T i t l e
4 January 1988 Date
-28shy
IT 18 SO AGREED i
of Ropondtnt
By
-28shy
In the Matter of Cannons Engineering Corporation Administrative Order by Consent
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
Hoechst Celane^e Corporation
Heinz X HofmeistermdashVice President Title
-28shy
IT IS SO AGREED
Name of Respondent HoffaeM-La Bocht Inc
By EB Anderson Senior Viet Prttident
Title
-28shy
P3 ICIO UflWDGFT GO JMN 0 8
XT IS SO ACREEDi
of Respondent rrt
bullyi
Jlflua r v 7 shym
IT IS SO AGREED
Name of Respondent Interex^Corporation
By
Authorized Axteht Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent
By
January 13 1988 Date
Millipore CorporationWaters Associates
Senior Vice President Title
-28shy
Cannons Engineering Corporation Administrative Order by Consent Bridgewater Removal Action
IT IS SO AGREED
Name of Respondent MONSANTO COMPANY iIs
Ishy t- r S S rr- -w ~
By
ff Title
Dote
-28shy
E00 3pound
IT IS SO AGREED
Name of Respondent
By
-IVCL
pound1
Title
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
POLAROID CORPORATION
VICE PRESIDENT AND SECRETARY Title
-28shy
IT IS SO AGREED
Name of Respondent Re eyeling Industries Inc
By
Authorized Agent title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent TECH- gTCM
By
Title
Date
-28shy
ATTACHMENT A
BRIDGEWATER CANNONS ENGINEERING CORPORATION SITE CONSENT ORDER WORK PLAN
I Introduction and Purpose
The purpose of this Consent Order Work Plan is to identify
response actions to be taKen by Respondents of the Site pursuant to
the foregoing Consent Order
I1 Scooe of Work
1 The following are the removal activities required by the
Consent Order
a Renov3- cf XTas-cs The following waste materials shall
oe roTcvo^ frcn the jte poundrd properly disposed of in accordance with
ail applj^oie erv r crrort1 laws and regulations
apprcxirrateiy 400 five-gallon pails containing
waste -atoral from inside the Equipment Building
This -aterial was previously located irsice the box
trailers
approximately 400 less than five-gallon pails which
have had the contents removed into two 55-gallon
drums
approximately one drum full and one drum 34 full
which were generated from the emptying of the above
mentioned less than five-gallon containers
-29shy
approximately 350 containers of laboratory reagents
which were abandoned in the laboratory inside the
Equipment Building
a container approximately one pint in volume
containing an unknown liquid which is considered to
be shock sensitive and will be treated as such
one five-gallon pail of bulked laboratory samples
one three-gallon pail of bulked laboratory samples
approximately 1000 gallons of aqueous waste
material contained in above-ground storage
containers which include less than 10 partially
filled druTs one dumpster and one tank trailer
appr- xiTately 25000 gallons of aqueous waste
material crrtained in the underground tanks
app r bull IT -ic-ly 500 gallons of waste oil determined
to contain a CB content of less than 2 parts per
appr c bull irrately two 55 gallon drums of materials
scraped from trailer bottoms
approximately two 55 gallon drums of contaminated
sorbent material from the equipment building floor
contaminated soil from opening area not to exceed
20 cubic yards
one 55 gallon drum approximately three-quarters
full of contaminated lab water from on-site
laboratory used during initial EPA removal
activities and
-30shy
approximately seventy-five 30 gallon garbage bags
containing contaminated protective clothing and
sampling implements
b Transportation of Wastes All of the above-described
wastes will be transported in accordance with all applicaole laws and
regulations including but not limited to all Department of
Transportation (DOT) regulations Additionally all containers
shipped off site and all vehicles carrying these containers will be
properly and completely labeled and placarded in accordance with all
applicable laws and regulations
c Disposal cf Wastes The Respondents shall make all
arrangerents necessary 10 accomplish the proper disposal of all of
the ebcve-cescribed wastes This shall include making available
disprsol perscrrel frr- -e selected disposal facility as needed to
ass-re hat the pack- J-TC snipping methods used meet the disposal
f a c i l i t y specifications f~r acceptance of wastes For elt ch waste
r-aterial ~z oe rencve-j ircr tre site the Respondents shall indicate
befcrc the waste is rerrcved frcrr the site the method of disposal the
name(s) of the facilityiies) to be utilized the compliance status of
the facility(ies) to be utilized the name(s) of transporter(s) to be
utilized the method of transport for each waste and the packaging
to be utilized
d Record of Disposal The Respondents shall provide EPA
with all paperwork documenting the location of all wastes that leave
the site This shall include all temporary storage facilities that
may be utilized before the waste reaches its final destination for
disposal All wastes removed from the site will be pursuant to an
-31shy
appropriate Hazardous Waste Manifest EPAs On-Scene Coordinator
will sign each manifest relating to the Anchor Tank material so as to
indicate that EPA is the generator of the Anchor Tank material being
removed from the site For all wastes that leave the site the
Respondents will supply information to include but not be limited
to the date of arrival and departure of each waste to or from each
facility a list of all wastes in question and the signature of the
company representative who accepted the wastes in question
Additionally for any waste that is incinerated or otherwise
destroyed the Respondents shall provide certification by a company
official of the facility destroying the waste that the waste was
ndeed destroyed ard by what nethod it was destroyed
e Site Postcraticn Before final demobilization the
^espcrv-- 3 shall restore the site to an acceptable degree This
-bullill ircl-de assur-rce tl-at no trash or waste materials or equipment
associated with any rf the removal activities is left on site Any
~aterjl including soil which has not been contaminated by site
rperatiors shall be returned to its original location
2 The following activities shall also be performed by
Respondents to fulfill the objectives of the Response Action
a Work Plan The Respondents shall prepare a Work Plan
consisting of all activities and subtasks The Work Plan shall
identify all deliverables to be produced during the Work Activities
including timetables for performance of the Work Activities and
production of the deliverables The Work Plan shall identify each
previously identified waste material to be removed from the site and
the Quality Assurance and Quality Control to be used during Work
-32shy
Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
-33shy
b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
-34shy
subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
-35shy
b Documents (three copies) to be submitted to Respondents
should be sent to
(name and addresses of Respondents contractors)
26 Necessity of Formal Approval No informal advice
guidance suggestions or commerts by EPA regarding reports plans
specifications schedules or any other writing submitted by
Respondents shall be construed as relieving Respondents of their
obligation to obtain such formal approvals as may be required by this
Consent Order
27 Procedure for Sbrssicn of Deliverables to EPA All
deiiveraoles identified in Attachment A for submittal to EPA shall be
so delivered to EPA in accordance with the Schedule set forth in the
Scope -f Work Prior -0 receipt of final EPA approval any report
bullbullJDTbullbullbullbull to EPA for ipprvl shall be rarked Draft on each page
arc jr-all include n a prc~irent location in the document the
follcwir- isciarcr Thib Document is a DRAFT which has not
recebullbullbullbull-bull iral EPA -ppr --I EPA will review Reports in accordance
wtn pa-rcpns 28 ne Consent Order
28 Procedure fr Review Revision and Fiial Approval of
Reports All deliverables identified in the Scope of Worn
(Attachment A) and this Consent Order for delivery to EPA (Reports)
shall be so delivered to EPA in accordance with the schedules set
forth in the Scope of Work and this Consent Order EPA will review
the Reports to determine whether they are consistent with the
requirements of the Scope of Work and Work Schedule and this Consent
Order If EPA determines that revisions to a Report are necessary
EPA will notify Respondents of EPAs requested revisions and the
-15shy
parties will expeditiously confer to discuss such requested
revisions Respondents shall thereafter submit a draft of the
revised Report in accordance with a schedule for revision set by EPA
which is reasonable considering the nature and extent of the proposed
revisions and the time period which was initially available for
Respondent to produce an acceptable report If Respondents fail to
submit such a revised Report within the specified schedule the
provisions of paragraph 30 may be invoked by any party to this
Consent Order
29 Xodificatinn ~pound Consent Order and Scooe of Wrrk This
Consent Order may only oe -edified upon the written agreement of both
EPA by signature cf Seniorsal Administrator and the Respondents
The jpprcvec ork l^r -ay to -edified by Respondents eriy upon
written crc-orent rT ~y tre signature of the Massachusetts
Section Chief and ltbullrdc-rt3 except that if CERCLA or the NCP are
ane~Jed prur to trlt bull-bullbullbullr t f c t ion of the Respondents worlt
a c t i v i t i e s is prcvij- 3 - paragraph 39 EPA nay request a
modi f icaticr to the -bullbull lax cr develop new Work Plans but only to
the extent expressly rec-jired pursuant to said amencrents of CERCLA
or the NCP Respondents assent to such a request for modification
shall not be unreasonably withheld
30 Dispute Resolution If the Respondents object to any EPA
notice of disapproval or decision made pursuant to this Consent
Order the Respondents shall notify EPA in writing of its objections
within ten (10) days of receipt of the decision EPA and the
Respondents have seven (7) days from the receipt by EPA-of the
notification of objection to reach agreement If agreement cannot be
-16shy
reached on any issue within this seven (7) day period EPA shall
provide a written statement of its decision to the Respondents
Respondents shall commence implementation of the activities required
by the EPA decision within five (5) days of receipt of the decision
In the event that the Respondents do not implement the activities
required by the EPA dt-ision the EPA Regional Administrator may take
such civil enforcement action against Respondents as may be provided
by statutory or equitable authorities including but not limited to
the assessment of such civil penalties or damages as are authorized
oy Sections 106(b)(l) and 107 (c) (3) of CERCLA as amended
31 Delav in Perf^rmancStipulated Penalties For each day
that the Respondents fail to comply with any time deadline estashy
oiioned pursuant to TS Consent Order the Respondent shall pay the
jjrrs -ot rtn belcw _ -t_ted penalties
Per cf Fail rraquo ~- Ct-plv Penalty Per Dav
1st - 7th bull-- $ 2500 8th - 15th y lOOOGi eacr ~ay th--r- -rr 400000
Any pound-cn -enalty sn^ll lt Jj- and payable within ten ilO) cays cf the
receipt cf a written demand by EPA Payment of any such penalty
shall be made by certified crecK payable to the Hazardous Substances
Superfund and mailed to the following address with a notation of the
docket number of this Consent Order
US Environmental Protection Agency Hazardous Substance Superfund P 0 Box 371003 M Pittsburgh PA 15251
-17shy
Notice that such payment has been made shall be provided in writing
to the EPA Project Coordinator The stipulated penalties set forth
in this section do not preclude EPA from electing to pursue any other
remedies or sanctions which may be available to EPA by reason of the
Respondents violation of this Consent Order or the Respondents1
failure or refusal to comply with any of the requirements of this
Order except that EPA agrees that all civil penalties for failure to
comply with the time requirements established pursuant to this
Consent Order shall be limited to the amounts calculated under this
paragraph If Resporccrtr pay stipulated penalties for a specified
period of time for late ccrpliance and EPA subsequently recovers
additional fines cr penalties for the same period of late compliance
r court the fines ard pe- 11 es shall be reduced by the arount of
tre 5tp l-iec peral c-s r~- -degr that period of late corrpliamprce
32 Excuses fr ~lpoundv~ n Perfornaree With respect to
Sespcrcc-tc corcpli -ce wit jny interim or final time deadline set
fcrtr - tris Consent ltpoundbullbull including any iTpierrentatior scnecjles
ccr cai eo in plans ^prvcJ Lv EPA pursuant to paragraph 28 and with
respect to the penalty provisions of paragraph 31 no stipulated
penalties or other sanctions will be imposed for delay directly
caused by the following which could not have been overcome by
Respondents due care (i) any act of God (ii) any Order issued to
Respondents by EPA under the provisions of paragraph 22 provided
that such delay did not arise as the result of the performance of the
Removal Activities (iii) any delay which results from failure to
secure access to the Site if the cause of such failure is not within
the control of Respondents (iv) any delays caused by EPAs failure
-18shy
to complete in a timely manner its review of plans and reports (v)
any delay experienced by the operation of the dispute resolution
procedure set forth herein and (vi) any other cause beyond the
control of Respondents provided however that increases in the cost
of performance of the removal activities shall not excuse such
performance nor affect the applicability of the penalty provisions
andor other sanctions which are provided for under this Order Such
penalties and sanctions shall be avoided only if and only to the
extcrt that such delays rratcrially interfered with or prevented
Respondents executor of their responsibilities during the period of
sucr delay Respondents shall notify EPA within twenty-four (24)
hours ir the event -hat circumstances occur which Respondents assert
snc-lu rccr the -xcu-e provisions cf this paragraph and shall
oert fy bullraquo vr spec y -bull cause or causes of such delay and the
estrat-jj J-jratior -cr Jc-liy Failure to notify EPA shall result
r - waivo Resp- j- -t right to assert that the delay should be
egtcbullbullbull L -ccr -he bullbullbullbull-- -ris paragraph Jpon receipt cf such
rot ic^i cr EPA wll -iotc-rTiie whether the delay is appropriately
exc-icd jrcer this parucraph and shall soon notify Respondents
Respondents further agree to use their best efforts to minimize any
delay which may result Respondents acknowledge that they will have
the burden of justifying excuses for delay in performance under this
paragraph
-19shy
33 Waiver of Settlement Conference In consideration of the
conununi cat ions between EPA and Respondents prior to the issuance of
this Consent Order concerning its terms Respondents hereby agree
that there is no need for a settlement conference prior to the
effective date of the Consent Order
34 Civil Penalties for Non-Compliance Respondents are
advised that except as provided by paragraph 32 of this Order if
Respondents violate or fail or refuse to comply with this Consent
Order or any portion tf-oreof EPA reserves its rights pursuant to
Sections 106(b)(l) and 107(c)(3) of CERCLA as amended with respect
to the imposition of civil penalties and punitive damages
35 Confidentiality Clairs Respondents may assert a
confidentiality clair if appropriate covering all or part of the
nf crrat en request- J LY bull_- is Consent Order pursuant to 40 CFR
2203(L) Such an ace-er en shall be adequately substantiated when
bullhe deserticn is rrj-co eitr9r analytical data nor any information
poundccfc-j in Sectin 1 - lt- ) bull 7 ) ( F cf CERCLA as amended by SARA
snail oe claimed is c- ideniial by Respondent Information
determined to be confidential by EPA shall be afforded the protection
specified by 40 CFR Part 2 Subpart B and in Section 104(e)(7) of
CERCLA as amended by SARA If no such claim accompanies the
information when it is submitted to EPA it may be made available to
the public by EPA without further notice to Respondents
36 Liability of Respondents Response Action Contractor The
Response Action Contractor in connection with the activities set
forth in Attachment A hereto shall not be liable under -CERCLA or
under any other federal law to the United States Government for costs
-20shy
or damages which result from a release or threatened release of
hazardous substances or pollutants or contaminants provided that such
releases rr threatened release was not caused by conduct of the
Response Action Contractor which was negligent grossly negligent or
which constituted intentional misconduct Said Response Action
Contractor shall have the burden of demonstrating that such conduct
was not negligent grossly negligent or did not constitute
intentional misconduct Nothing in this paragraph shall affect the
liaoiiity of any person under any warranty under federal state or
corruTon law
37 Incernnif icat icn Respondents agree to indemnify and save
arc hole rarriess the Jrtec States Government its agencies
jep bull--bullbullbull z agens ffcerrgt employees and representatives from
jry -c ciairs r --bullbull_ f action arising from or cr account of
acts r -lesions z gtcc----z their officers employees agents
-bullco vo - bull r-jsteei i2s--_ r contractors in carrying cut the
-ct bullbullbull- L^rsuant bull bull rs -rpoundent Order
38 eccvery bull Cs ~ EPA reserves the right to bri-c an
action acairst Respcrcert pursuant to Section 107 of CERC1A for
recovery of costs incurred in oversight consistent with paragraph 17
herein administration and enforcement of this Consent Order and
any other past and future costs incurred by the United States
Government in connection with response activities conducted pursuant
to CERCLA at this Site
39 Certification of Respondents Performance of the Work
Activities Upon receipt by EPA of notice from Respondents that
they believe they have satisfied their obligations under the Work
-21shy
Plan and this Consent Order EPA shall determine if Respondents
have met all of their responsibilities under the Work Plan and
under the provisions cf this Consent Order Within twenty-one
(21) days after receipt of said notice EPA will either (a)
provide Respondents with a statement of all of their
responsibilities which EPA believes are still outstanding or (b)
certify to Respondents that their responsibilities under the Scope
or Work and under the provisions of this Consent Order have been
cotrpleteiy and successfully discharged and that the work performed
by Respondents pursuant to this Consent Order and the Scope cf
Aorlt is consistent with the NC
bull10 Covenant Sst to Sue and Contribution Protection In
ccroicerat cr of and pcr certification by EPA that Respondents have
ccTplc-toly Jird succ-r i^lly d5charged their responsibilities under
ti-e -or- Plan and j-J^r the provisions of this Consent Order as
provided -or in parr ph 33 herein EPA covenants not to s-e
Rerc rdct3 n any bdquobull v 1 cr viririst rat ive action for the performance
cf tre vcrK Plan bull v jec rcwcvcr such covenant not to sue does
not extend to any ether liabilities that may be associated with the
Site including but not limited to any other response actions that
have been or may be undertaken at the Site This covenant not to sue
becomes effective upon the issuance by EPA of the certification
provided in paragraph 39 Nothing in this paragraph shall preclude
EPA from enforcing the provisions of this Consent Order in any
judicial or administrative proceeding It is the intention and
understanding of the parties to this Consent Order that the
-22shy
protection from contribution claims as provided by Section 113(b)(2)
of CERC1A as amended applies to any claim with respect to
performance of the activities pursuant to the Work Plan
41 Credit for Expenditures made pursuant to this Order
A Upon certification that Respondents have discharged
their responsibilities pursuant to the Work Plan and under the
provisions of this Consent Order Respondents shall present EPA with
an accounting of (1) all costs incurred consistent with the NCP in
deveioprert of the Work Plan and in performance of the Work Plan and
the other activities required by this Consent Order those costs will
oe segregated into two categories costs specifically associated with
bullr-e Arcror Tank Materials and all other costs and (2) the amounts
paid by -acr Pespcrdc-rr n connection therewith EPA agrees that
bullaiJ gtbull_bullbull rall no rjt i bull--bull a penalty paid by the Respondents
3 With bull-bull_bull (20) cays of receipt of such accounting
~A w i l l approve all --sts jccr-nted for by Respondents which are
orr2-t with =uup jrapr -(I) (Approved Consent Order Costs)
per z^cr approval ~A ^are-_3 to reduc-3 the amount of response costs
wnich it will seek to recover from Respondents pursuant to CERCLA or
otherwise in connection with the Site according to the following
formula said response costs shall be reduced by the Approved
Consent Order costs incurred in performing the work activities
associated with the Anchor Tank materials and by the amount resulting
from multiplying the Approved Consent Order Costs other than those
associated with Anchor Tank Materials times the quantity one minus
the result of dividing the aggregate volume of the Respondents waste
by the total volume of waste sent to the Site The volumes for these
-23shy
calculations shall be taken from the Volumetric Sank List attached as
Appendix 3 to the Administrative Order by Consent Docket No
at the time of publication in the Federal Register
C In the event that any Respondent otherwise receives
credit for Approved Consent Order Costs through settlement or
litigation the credit amount calculated under subparagraph (b) for
all Respc-dents shall be reduced by the amount of the credit received
through these other channels Moreover this paragraph shall in no
way limit or affect EFAs right to seek joint and several liability
against Respondents in any court action for all damages arc ether
costs incurred or to be incurred by EPA at the Cannons Engineering
Corporation Site This reduction in EPAs response costs with
respect - the Site -rail affect only recovery of response costs from
-r-e rc-cp-T-i--nts arc r l iv -o way affect the right cf EPA to seek
cint and -everai l i a b i l i t y JPC recovery of all resporse costs from
potentially respcrciLlo parties other than Respondents
42 PAs Re-laquobullbullbullbullbullbull-bull -- -f Richts EPA expressly reserves all
tre right- and defevcvs tra- it may have including EPAs right to
disapprove of work prforrcd by Respondents and to request that
Respondents perform tasks in addition to those detailed in this
Consent Order In addition EPA reserves the right to undertake
removal andor remedial actions at any time and to perform any and
all portions of the Work Activities which Respondents have failed to
perform properly provided however that EPA agrees to use its best
efforts to avoid duplication of Respondents activitiesunder this
Order Except as otherwise limited by paragraphs 31 and 32 EPA
reserves any and all rights to take any enforcement action pursuant
-24shy
to CERCLA as amended by SARA andor any available legal authority
This Consent Orde- does not constitute any decision on the
preauthorization of funds under Section lll(a)(2) of CERCLA as
amended by SARA
43 Respondents Reservation of Rights The participation by
Respondents in entering into and carrying out the terms of this
Consent Order shall rct be considered an admission of liability for
any purpose Nor shall such actions or participation by Respondents
constitute a commitrort or agreement either express or ixpiied to
undertake further activities at the Site other than these necessary
to perferr the Remcvcl Activities in accordance with the Work Plan
and rris Ccnsent Order or to undertake any remedial actions at the
Site r-ctwi thstandir -ry finding conclusions or reccn-Terdat ions
-ace - crrecticn ~-- performance of the Work Plan Except as
exprezly ret fortr - trie Consent Order Respondents reserve all
rcr= -rey r-_ have- -o opprre or defend against any action or claim
o r c ~ r t j
bull ther Clbull mdash Nothirg in tris Consent Order snail
constitute or be ccrstrucd as a release or a covenant not to sue
regarding any claim cause of action or demand in law or equity
against any person firm trust joint venture partnership
corporation or other entity not a signatory to this Consent Order for
any liability it may have arising out of or relating in any way to
the generation storage treatment handling transportation
release or disposal of any hazardous substances hazardous wastes
pollutants or contaminants found at taken to or taken from the
Site EPA shall not be liable for any injuries or damages to persons
-25shy
or property resulting from actions or omissions of Respondents in
carryinc out the activities pursuant to this Consent Order nor shall
EPA be held as a party to or in any other way liable under any
contract entered into by Respondents or by the Response Action
Contractor in carrying out the activities pursuant to this Consent
Order Except as otherwise herein set forth or agreed this Consent
Order shall not estop or limit any legal or equitable claims of the
United States against Respondents their agents contractors or
assigns including but not limited to claims related to releases of
hazardous substances gtr other pollutants or contaminants
45 Other laws All actions required to be taken pursuant to
-his Consent Order snail be undertaken in accordance with the
recjirererts of all appi icabl-e state and federal laws and regulashy
ticrs rcl-cirg laws rolatira to occupational safety and health and
ctrer federal envi r rctul laws as defined in current EPA policy
Otfer agencies nclJc -he Occupational Safety and Health
-crir 12 ration lOSi- -rd bull e fish and Wildlife Service (FiWS) may
oe called jpon to rev-- rc ccndjct of work under this Consent
Order In the event ihat there is a conflict in the application of
federal or state laws cr regulations the more stringent of the
conflicting provisions shall apply
46 Notice to the State Pursuant to the requirements of
Section 121(f) and 104(b)(2) of CERCLA as amended by SARA EPA has
notified the Commonwealth of Massachusetts of the scope of the
Response Action the negotiations with the potentially responsible
parties and of the issuance of this Consent Order
-26shy
47 Notice to the Federal Natural Resource Trustee Pursuant
to Sections 122(j) of SARA EPA has notified the Federal Natural
Resource Trustee of the scope of the Response Action the negotiation
with the potentially responsible parties and of the issuance of this
Consent Order
48 Separate Documents This Consent Order may be executed in
two or more counterparts each of which shall be deemed an original
but all of which together shall constitute one and the same
instrument
49 Effective Dare This Consent Order shall be effective upon
the date cf Respondents1 receipt of notice of signature by the
Seccrai Administrate- All times for performance of activities
jrcer -5 Consent Crder shall be calculated from that date
IT S SO AJPEID AND 3IRID iV
bullcr-e P leiarc Date
-27shy
IT IS SO AGREED
Name of Respondent ACUSHNET COMPANY
By Dale M Shenk Vice President and Controller
Title
January T 8 8 Date
-28shy
IT IS SO AGREED AMERICAN C^AMID COMPANY
Name of Respondent
By A JsJ Costello
Executive Vice President Title
bulljruary 1D3S Date
-28shy
IT IS SO AGREES
AMERICAN NATIONAL CAN CORPORATION Name cf Respondent
By S1U4uJ [ampJUULL~-~AT LAW
JAMES BALLS bull_
Title
JAMASY 7Date
198B
laquo By his signature hereon Janes Seller certifies that he has authority to bind Respondent to the terms of this agreement
-28shy
IT IS SO AGREED
ATampT Technologies Inc Name of Respondent
By ATampT-Engineering Vice President
Title
Date
-28shy
0 A
IT IS SO A G R E E D
Name of Respondent
By John L Fox
General Manager Title
January 6 T968 Date
-28shy
IT IS SO AGREED
Name of R e s p o n d e n t ^-
CHAMBERLAIN MANUFACTURING CORPORATION
By
General Co Title
Jaruar- D a t e
1988
-28shy
IT IS 60 AGREED
Name of Respondent ^ t~poundr llS^eL
Byj Richard Barth
Preeident fc Chief Executive Officer Title
CIBA-GEIGY corporation January 6 1988
Date
-28shy
IT IS SO AGREED
Name of Respondent Earthline Company fsCA
By
Authorized Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent FAIRCHILD SEMICONDUCTOR CORPORATION
By C R Bostic
Its Representative Title
January 4 1986 Date
-28shy
IT IS SO AGREED
Name of Respondent Franklin Pumping Service Inc
By
J I J (President)
1788 Date
-28shy
IT IS SO AGREED
Name of Respondent General Dynamics Corporation
By
Daniel S Hapke Assistant General Counsel T i t l e
4 January 1988 Date
-28shy
IT 18 SO AGREED i
of Ropondtnt
By
-28shy
In the Matter of Cannons Engineering Corporation Administrative Order by Consent
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
Hoechst Celane^e Corporation
Heinz X HofmeistermdashVice President Title
-28shy
IT IS SO AGREED
Name of Respondent HoffaeM-La Bocht Inc
By EB Anderson Senior Viet Prttident
Title
-28shy
P3 ICIO UflWDGFT GO JMN 0 8
XT IS SO ACREEDi
of Respondent rrt
bullyi
Jlflua r v 7 shym
IT IS SO AGREED
Name of Respondent Interex^Corporation
By
Authorized Axteht Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent
By
January 13 1988 Date
Millipore CorporationWaters Associates
Senior Vice President Title
-28shy
Cannons Engineering Corporation Administrative Order by Consent Bridgewater Removal Action
IT IS SO AGREED
Name of Respondent MONSANTO COMPANY iIs
Ishy t- r S S rr- -w ~
By
ff Title
Dote
-28shy
E00 3pound
IT IS SO AGREED
Name of Respondent
By
-IVCL
pound1
Title
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
POLAROID CORPORATION
VICE PRESIDENT AND SECRETARY Title
-28shy
IT IS SO AGREED
Name of Respondent Re eyeling Industries Inc
By
Authorized Agent title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent TECH- gTCM
By
Title
Date
-28shy
ATTACHMENT A
BRIDGEWATER CANNONS ENGINEERING CORPORATION SITE CONSENT ORDER WORK PLAN
I Introduction and Purpose
The purpose of this Consent Order Work Plan is to identify
response actions to be taKen by Respondents of the Site pursuant to
the foregoing Consent Order
I1 Scooe of Work
1 The following are the removal activities required by the
Consent Order
a Renov3- cf XTas-cs The following waste materials shall
oe roTcvo^ frcn the jte poundrd properly disposed of in accordance with
ail applj^oie erv r crrort1 laws and regulations
apprcxirrateiy 400 five-gallon pails containing
waste -atoral from inside the Equipment Building
This -aterial was previously located irsice the box
trailers
approximately 400 less than five-gallon pails which
have had the contents removed into two 55-gallon
drums
approximately one drum full and one drum 34 full
which were generated from the emptying of the above
mentioned less than five-gallon containers
-29shy
approximately 350 containers of laboratory reagents
which were abandoned in the laboratory inside the
Equipment Building
a container approximately one pint in volume
containing an unknown liquid which is considered to
be shock sensitive and will be treated as such
one five-gallon pail of bulked laboratory samples
one three-gallon pail of bulked laboratory samples
approximately 1000 gallons of aqueous waste
material contained in above-ground storage
containers which include less than 10 partially
filled druTs one dumpster and one tank trailer
appr- xiTately 25000 gallons of aqueous waste
material crrtained in the underground tanks
app r bull IT -ic-ly 500 gallons of waste oil determined
to contain a CB content of less than 2 parts per
appr c bull irrately two 55 gallon drums of materials
scraped from trailer bottoms
approximately two 55 gallon drums of contaminated
sorbent material from the equipment building floor
contaminated soil from opening area not to exceed
20 cubic yards
one 55 gallon drum approximately three-quarters
full of contaminated lab water from on-site
laboratory used during initial EPA removal
activities and
-30shy
approximately seventy-five 30 gallon garbage bags
containing contaminated protective clothing and
sampling implements
b Transportation of Wastes All of the above-described
wastes will be transported in accordance with all applicaole laws and
regulations including but not limited to all Department of
Transportation (DOT) regulations Additionally all containers
shipped off site and all vehicles carrying these containers will be
properly and completely labeled and placarded in accordance with all
applicable laws and regulations
c Disposal cf Wastes The Respondents shall make all
arrangerents necessary 10 accomplish the proper disposal of all of
the ebcve-cescribed wastes This shall include making available
disprsol perscrrel frr- -e selected disposal facility as needed to
ass-re hat the pack- J-TC snipping methods used meet the disposal
f a c i l i t y specifications f~r acceptance of wastes For elt ch waste
r-aterial ~z oe rencve-j ircr tre site the Respondents shall indicate
befcrc the waste is rerrcved frcrr the site the method of disposal the
name(s) of the facilityiies) to be utilized the compliance status of
the facility(ies) to be utilized the name(s) of transporter(s) to be
utilized the method of transport for each waste and the packaging
to be utilized
d Record of Disposal The Respondents shall provide EPA
with all paperwork documenting the location of all wastes that leave
the site This shall include all temporary storage facilities that
may be utilized before the waste reaches its final destination for
disposal All wastes removed from the site will be pursuant to an
-31shy
appropriate Hazardous Waste Manifest EPAs On-Scene Coordinator
will sign each manifest relating to the Anchor Tank material so as to
indicate that EPA is the generator of the Anchor Tank material being
removed from the site For all wastes that leave the site the
Respondents will supply information to include but not be limited
to the date of arrival and departure of each waste to or from each
facility a list of all wastes in question and the signature of the
company representative who accepted the wastes in question
Additionally for any waste that is incinerated or otherwise
destroyed the Respondents shall provide certification by a company
official of the facility destroying the waste that the waste was
ndeed destroyed ard by what nethod it was destroyed
e Site Postcraticn Before final demobilization the
^espcrv-- 3 shall restore the site to an acceptable degree This
-bullill ircl-de assur-rce tl-at no trash or waste materials or equipment
associated with any rf the removal activities is left on site Any
~aterjl including soil which has not been contaminated by site
rperatiors shall be returned to its original location
2 The following activities shall also be performed by
Respondents to fulfill the objectives of the Response Action
a Work Plan The Respondents shall prepare a Work Plan
consisting of all activities and subtasks The Work Plan shall
identify all deliverables to be produced during the Work Activities
including timetables for performance of the Work Activities and
production of the deliverables The Work Plan shall identify each
previously identified waste material to be removed from the site and
the Quality Assurance and Quality Control to be used during Work
-32shy
Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
-33shy
b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
-34shy
subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
-35shy
parties will expeditiously confer to discuss such requested
revisions Respondents shall thereafter submit a draft of the
revised Report in accordance with a schedule for revision set by EPA
which is reasonable considering the nature and extent of the proposed
revisions and the time period which was initially available for
Respondent to produce an acceptable report If Respondents fail to
submit such a revised Report within the specified schedule the
provisions of paragraph 30 may be invoked by any party to this
Consent Order
29 Xodificatinn ~pound Consent Order and Scooe of Wrrk This
Consent Order may only oe -edified upon the written agreement of both
EPA by signature cf Seniorsal Administrator and the Respondents
The jpprcvec ork l^r -ay to -edified by Respondents eriy upon
written crc-orent rT ~y tre signature of the Massachusetts
Section Chief and ltbullrdc-rt3 except that if CERCLA or the NCP are
ane~Jed prur to trlt bull-bullbullbullr t f c t ion of the Respondents worlt
a c t i v i t i e s is prcvij- 3 - paragraph 39 EPA nay request a
modi f icaticr to the -bullbull lax cr develop new Work Plans but only to
the extent expressly rec-jired pursuant to said amencrents of CERCLA
or the NCP Respondents assent to such a request for modification
shall not be unreasonably withheld
30 Dispute Resolution If the Respondents object to any EPA
notice of disapproval or decision made pursuant to this Consent
Order the Respondents shall notify EPA in writing of its objections
within ten (10) days of receipt of the decision EPA and the
Respondents have seven (7) days from the receipt by EPA-of the
notification of objection to reach agreement If agreement cannot be
-16shy
reached on any issue within this seven (7) day period EPA shall
provide a written statement of its decision to the Respondents
Respondents shall commence implementation of the activities required
by the EPA decision within five (5) days of receipt of the decision
In the event that the Respondents do not implement the activities
required by the EPA dt-ision the EPA Regional Administrator may take
such civil enforcement action against Respondents as may be provided
by statutory or equitable authorities including but not limited to
the assessment of such civil penalties or damages as are authorized
oy Sections 106(b)(l) and 107 (c) (3) of CERCLA as amended
31 Delav in Perf^rmancStipulated Penalties For each day
that the Respondents fail to comply with any time deadline estashy
oiioned pursuant to TS Consent Order the Respondent shall pay the
jjrrs -ot rtn belcw _ -t_ted penalties
Per cf Fail rraquo ~- Ct-plv Penalty Per Dav
1st - 7th bull-- $ 2500 8th - 15th y lOOOGi eacr ~ay th--r- -rr 400000
Any pound-cn -enalty sn^ll lt Jj- and payable within ten ilO) cays cf the
receipt cf a written demand by EPA Payment of any such penalty
shall be made by certified crecK payable to the Hazardous Substances
Superfund and mailed to the following address with a notation of the
docket number of this Consent Order
US Environmental Protection Agency Hazardous Substance Superfund P 0 Box 371003 M Pittsburgh PA 15251
-17shy
Notice that such payment has been made shall be provided in writing
to the EPA Project Coordinator The stipulated penalties set forth
in this section do not preclude EPA from electing to pursue any other
remedies or sanctions which may be available to EPA by reason of the
Respondents violation of this Consent Order or the Respondents1
failure or refusal to comply with any of the requirements of this
Order except that EPA agrees that all civil penalties for failure to
comply with the time requirements established pursuant to this
Consent Order shall be limited to the amounts calculated under this
paragraph If Resporccrtr pay stipulated penalties for a specified
period of time for late ccrpliance and EPA subsequently recovers
additional fines cr penalties for the same period of late compliance
r court the fines ard pe- 11 es shall be reduced by the arount of
tre 5tp l-iec peral c-s r~- -degr that period of late corrpliamprce
32 Excuses fr ~lpoundv~ n Perfornaree With respect to
Sespcrcc-tc corcpli -ce wit jny interim or final time deadline set
fcrtr - tris Consent ltpoundbullbull including any iTpierrentatior scnecjles
ccr cai eo in plans ^prvcJ Lv EPA pursuant to paragraph 28 and with
respect to the penalty provisions of paragraph 31 no stipulated
penalties or other sanctions will be imposed for delay directly
caused by the following which could not have been overcome by
Respondents due care (i) any act of God (ii) any Order issued to
Respondents by EPA under the provisions of paragraph 22 provided
that such delay did not arise as the result of the performance of the
Removal Activities (iii) any delay which results from failure to
secure access to the Site if the cause of such failure is not within
the control of Respondents (iv) any delays caused by EPAs failure
-18shy
to complete in a timely manner its review of plans and reports (v)
any delay experienced by the operation of the dispute resolution
procedure set forth herein and (vi) any other cause beyond the
control of Respondents provided however that increases in the cost
of performance of the removal activities shall not excuse such
performance nor affect the applicability of the penalty provisions
andor other sanctions which are provided for under this Order Such
penalties and sanctions shall be avoided only if and only to the
extcrt that such delays rratcrially interfered with or prevented
Respondents executor of their responsibilities during the period of
sucr delay Respondents shall notify EPA within twenty-four (24)
hours ir the event -hat circumstances occur which Respondents assert
snc-lu rccr the -xcu-e provisions cf this paragraph and shall
oert fy bullraquo vr spec y -bull cause or causes of such delay and the
estrat-jj J-jratior -cr Jc-liy Failure to notify EPA shall result
r - waivo Resp- j- -t right to assert that the delay should be
egtcbullbullbull L -ccr -he bullbullbullbull-- -ris paragraph Jpon receipt cf such
rot ic^i cr EPA wll -iotc-rTiie whether the delay is appropriately
exc-icd jrcer this parucraph and shall soon notify Respondents
Respondents further agree to use their best efforts to minimize any
delay which may result Respondents acknowledge that they will have
the burden of justifying excuses for delay in performance under this
paragraph
-19shy
33 Waiver of Settlement Conference In consideration of the
conununi cat ions between EPA and Respondents prior to the issuance of
this Consent Order concerning its terms Respondents hereby agree
that there is no need for a settlement conference prior to the
effective date of the Consent Order
34 Civil Penalties for Non-Compliance Respondents are
advised that except as provided by paragraph 32 of this Order if
Respondents violate or fail or refuse to comply with this Consent
Order or any portion tf-oreof EPA reserves its rights pursuant to
Sections 106(b)(l) and 107(c)(3) of CERCLA as amended with respect
to the imposition of civil penalties and punitive damages
35 Confidentiality Clairs Respondents may assert a
confidentiality clair if appropriate covering all or part of the
nf crrat en request- J LY bull_- is Consent Order pursuant to 40 CFR
2203(L) Such an ace-er en shall be adequately substantiated when
bullhe deserticn is rrj-co eitr9r analytical data nor any information
poundccfc-j in Sectin 1 - lt- ) bull 7 ) ( F cf CERCLA as amended by SARA
snail oe claimed is c- ideniial by Respondent Information
determined to be confidential by EPA shall be afforded the protection
specified by 40 CFR Part 2 Subpart B and in Section 104(e)(7) of
CERCLA as amended by SARA If no such claim accompanies the
information when it is submitted to EPA it may be made available to
the public by EPA without further notice to Respondents
36 Liability of Respondents Response Action Contractor The
Response Action Contractor in connection with the activities set
forth in Attachment A hereto shall not be liable under -CERCLA or
under any other federal law to the United States Government for costs
-20shy
or damages which result from a release or threatened release of
hazardous substances or pollutants or contaminants provided that such
releases rr threatened release was not caused by conduct of the
Response Action Contractor which was negligent grossly negligent or
which constituted intentional misconduct Said Response Action
Contractor shall have the burden of demonstrating that such conduct
was not negligent grossly negligent or did not constitute
intentional misconduct Nothing in this paragraph shall affect the
liaoiiity of any person under any warranty under federal state or
corruTon law
37 Incernnif icat icn Respondents agree to indemnify and save
arc hole rarriess the Jrtec States Government its agencies
jep bull--bullbullbull z agens ffcerrgt employees and representatives from
jry -c ciairs r --bullbull_ f action arising from or cr account of
acts r -lesions z gtcc----z their officers employees agents
-bullco vo - bull r-jsteei i2s--_ r contractors in carrying cut the
-ct bullbullbull- L^rsuant bull bull rs -rpoundent Order
38 eccvery bull Cs ~ EPA reserves the right to bri-c an
action acairst Respcrcert pursuant to Section 107 of CERC1A for
recovery of costs incurred in oversight consistent with paragraph 17
herein administration and enforcement of this Consent Order and
any other past and future costs incurred by the United States
Government in connection with response activities conducted pursuant
to CERCLA at this Site
39 Certification of Respondents Performance of the Work
Activities Upon receipt by EPA of notice from Respondents that
they believe they have satisfied their obligations under the Work
-21shy
Plan and this Consent Order EPA shall determine if Respondents
have met all of their responsibilities under the Work Plan and
under the provisions cf this Consent Order Within twenty-one
(21) days after receipt of said notice EPA will either (a)
provide Respondents with a statement of all of their
responsibilities which EPA believes are still outstanding or (b)
certify to Respondents that their responsibilities under the Scope
or Work and under the provisions of this Consent Order have been
cotrpleteiy and successfully discharged and that the work performed
by Respondents pursuant to this Consent Order and the Scope cf
Aorlt is consistent with the NC
bull10 Covenant Sst to Sue and Contribution Protection In
ccroicerat cr of and pcr certification by EPA that Respondents have
ccTplc-toly Jird succ-r i^lly d5charged their responsibilities under
ti-e -or- Plan and j-J^r the provisions of this Consent Order as
provided -or in parr ph 33 herein EPA covenants not to s-e
Rerc rdct3 n any bdquobull v 1 cr viririst rat ive action for the performance
cf tre vcrK Plan bull v jec rcwcvcr such covenant not to sue does
not extend to any ether liabilities that may be associated with the
Site including but not limited to any other response actions that
have been or may be undertaken at the Site This covenant not to sue
becomes effective upon the issuance by EPA of the certification
provided in paragraph 39 Nothing in this paragraph shall preclude
EPA from enforcing the provisions of this Consent Order in any
judicial or administrative proceeding It is the intention and
understanding of the parties to this Consent Order that the
-22shy
protection from contribution claims as provided by Section 113(b)(2)
of CERC1A as amended applies to any claim with respect to
performance of the activities pursuant to the Work Plan
41 Credit for Expenditures made pursuant to this Order
A Upon certification that Respondents have discharged
their responsibilities pursuant to the Work Plan and under the
provisions of this Consent Order Respondents shall present EPA with
an accounting of (1) all costs incurred consistent with the NCP in
deveioprert of the Work Plan and in performance of the Work Plan and
the other activities required by this Consent Order those costs will
oe segregated into two categories costs specifically associated with
bullr-e Arcror Tank Materials and all other costs and (2) the amounts
paid by -acr Pespcrdc-rr n connection therewith EPA agrees that
bullaiJ gtbull_bullbull rall no rjt i bull--bull a penalty paid by the Respondents
3 With bull-bull_bull (20) cays of receipt of such accounting
~A w i l l approve all --sts jccr-nted for by Respondents which are
orr2-t with =uup jrapr -(I) (Approved Consent Order Costs)
per z^cr approval ~A ^are-_3 to reduc-3 the amount of response costs
wnich it will seek to recover from Respondents pursuant to CERCLA or
otherwise in connection with the Site according to the following
formula said response costs shall be reduced by the Approved
Consent Order costs incurred in performing the work activities
associated with the Anchor Tank materials and by the amount resulting
from multiplying the Approved Consent Order Costs other than those
associated with Anchor Tank Materials times the quantity one minus
the result of dividing the aggregate volume of the Respondents waste
by the total volume of waste sent to the Site The volumes for these
-23shy
calculations shall be taken from the Volumetric Sank List attached as
Appendix 3 to the Administrative Order by Consent Docket No
at the time of publication in the Federal Register
C In the event that any Respondent otherwise receives
credit for Approved Consent Order Costs through settlement or
litigation the credit amount calculated under subparagraph (b) for
all Respc-dents shall be reduced by the amount of the credit received
through these other channels Moreover this paragraph shall in no
way limit or affect EFAs right to seek joint and several liability
against Respondents in any court action for all damages arc ether
costs incurred or to be incurred by EPA at the Cannons Engineering
Corporation Site This reduction in EPAs response costs with
respect - the Site -rail affect only recovery of response costs from
-r-e rc-cp-T-i--nts arc r l iv -o way affect the right cf EPA to seek
cint and -everai l i a b i l i t y JPC recovery of all resporse costs from
potentially respcrciLlo parties other than Respondents
42 PAs Re-laquobullbullbullbullbullbull-bull -- -f Richts EPA expressly reserves all
tre right- and defevcvs tra- it may have including EPAs right to
disapprove of work prforrcd by Respondents and to request that
Respondents perform tasks in addition to those detailed in this
Consent Order In addition EPA reserves the right to undertake
removal andor remedial actions at any time and to perform any and
all portions of the Work Activities which Respondents have failed to
perform properly provided however that EPA agrees to use its best
efforts to avoid duplication of Respondents activitiesunder this
Order Except as otherwise limited by paragraphs 31 and 32 EPA
reserves any and all rights to take any enforcement action pursuant
-24shy
to CERCLA as amended by SARA andor any available legal authority
This Consent Orde- does not constitute any decision on the
preauthorization of funds under Section lll(a)(2) of CERCLA as
amended by SARA
43 Respondents Reservation of Rights The participation by
Respondents in entering into and carrying out the terms of this
Consent Order shall rct be considered an admission of liability for
any purpose Nor shall such actions or participation by Respondents
constitute a commitrort or agreement either express or ixpiied to
undertake further activities at the Site other than these necessary
to perferr the Remcvcl Activities in accordance with the Work Plan
and rris Ccnsent Order or to undertake any remedial actions at the
Site r-ctwi thstandir -ry finding conclusions or reccn-Terdat ions
-ace - crrecticn ~-- performance of the Work Plan Except as
exprezly ret fortr - trie Consent Order Respondents reserve all
rcr= -rey r-_ have- -o opprre or defend against any action or claim
o r c ~ r t j
bull ther Clbull mdash Nothirg in tris Consent Order snail
constitute or be ccrstrucd as a release or a covenant not to sue
regarding any claim cause of action or demand in law or equity
against any person firm trust joint venture partnership
corporation or other entity not a signatory to this Consent Order for
any liability it may have arising out of or relating in any way to
the generation storage treatment handling transportation
release or disposal of any hazardous substances hazardous wastes
pollutants or contaminants found at taken to or taken from the
Site EPA shall not be liable for any injuries or damages to persons
-25shy
or property resulting from actions or omissions of Respondents in
carryinc out the activities pursuant to this Consent Order nor shall
EPA be held as a party to or in any other way liable under any
contract entered into by Respondents or by the Response Action
Contractor in carrying out the activities pursuant to this Consent
Order Except as otherwise herein set forth or agreed this Consent
Order shall not estop or limit any legal or equitable claims of the
United States against Respondents their agents contractors or
assigns including but not limited to claims related to releases of
hazardous substances gtr other pollutants or contaminants
45 Other laws All actions required to be taken pursuant to
-his Consent Order snail be undertaken in accordance with the
recjirererts of all appi icabl-e state and federal laws and regulashy
ticrs rcl-cirg laws rolatira to occupational safety and health and
ctrer federal envi r rctul laws as defined in current EPA policy
Otfer agencies nclJc -he Occupational Safety and Health
-crir 12 ration lOSi- -rd bull e fish and Wildlife Service (FiWS) may
oe called jpon to rev-- rc ccndjct of work under this Consent
Order In the event ihat there is a conflict in the application of
federal or state laws cr regulations the more stringent of the
conflicting provisions shall apply
46 Notice to the State Pursuant to the requirements of
Section 121(f) and 104(b)(2) of CERCLA as amended by SARA EPA has
notified the Commonwealth of Massachusetts of the scope of the
Response Action the negotiations with the potentially responsible
parties and of the issuance of this Consent Order
-26shy
47 Notice to the Federal Natural Resource Trustee Pursuant
to Sections 122(j) of SARA EPA has notified the Federal Natural
Resource Trustee of the scope of the Response Action the negotiation
with the potentially responsible parties and of the issuance of this
Consent Order
48 Separate Documents This Consent Order may be executed in
two or more counterparts each of which shall be deemed an original
but all of which together shall constitute one and the same
instrument
49 Effective Dare This Consent Order shall be effective upon
the date cf Respondents1 receipt of notice of signature by the
Seccrai Administrate- All times for performance of activities
jrcer -5 Consent Crder shall be calculated from that date
IT S SO AJPEID AND 3IRID iV
bullcr-e P leiarc Date
-27shy
IT IS SO AGREED
Name of Respondent ACUSHNET COMPANY
By Dale M Shenk Vice President and Controller
Title
January T 8 8 Date
-28shy
IT IS SO AGREED AMERICAN C^AMID COMPANY
Name of Respondent
By A JsJ Costello
Executive Vice President Title
bulljruary 1D3S Date
-28shy
IT IS SO AGREES
AMERICAN NATIONAL CAN CORPORATION Name cf Respondent
By S1U4uJ [ampJUULL~-~AT LAW
JAMES BALLS bull_
Title
JAMASY 7Date
198B
laquo By his signature hereon Janes Seller certifies that he has authority to bind Respondent to the terms of this agreement
-28shy
IT IS SO AGREED
ATampT Technologies Inc Name of Respondent
By ATampT-Engineering Vice President
Title
Date
-28shy
0 A
IT IS SO A G R E E D
Name of Respondent
By John L Fox
General Manager Title
January 6 T968 Date
-28shy
IT IS SO AGREED
Name of R e s p o n d e n t ^-
CHAMBERLAIN MANUFACTURING CORPORATION
By
General Co Title
Jaruar- D a t e
1988
-28shy
IT IS 60 AGREED
Name of Respondent ^ t~poundr llS^eL
Byj Richard Barth
Preeident fc Chief Executive Officer Title
CIBA-GEIGY corporation January 6 1988
Date
-28shy
IT IS SO AGREED
Name of Respondent Earthline Company fsCA
By
Authorized Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent FAIRCHILD SEMICONDUCTOR CORPORATION
By C R Bostic
Its Representative Title
January 4 1986 Date
-28shy
IT IS SO AGREED
Name of Respondent Franklin Pumping Service Inc
By
J I J (President)
1788 Date
-28shy
IT IS SO AGREED
Name of Respondent General Dynamics Corporation
By
Daniel S Hapke Assistant General Counsel T i t l e
4 January 1988 Date
-28shy
IT 18 SO AGREED i
of Ropondtnt
By
-28shy
In the Matter of Cannons Engineering Corporation Administrative Order by Consent
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
Hoechst Celane^e Corporation
Heinz X HofmeistermdashVice President Title
-28shy
IT IS SO AGREED
Name of Respondent HoffaeM-La Bocht Inc
By EB Anderson Senior Viet Prttident
Title
-28shy
P3 ICIO UflWDGFT GO JMN 0 8
XT IS SO ACREEDi
of Respondent rrt
bullyi
Jlflua r v 7 shym
IT IS SO AGREED
Name of Respondent Interex^Corporation
By
Authorized Axteht Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent
By
January 13 1988 Date
Millipore CorporationWaters Associates
Senior Vice President Title
-28shy
Cannons Engineering Corporation Administrative Order by Consent Bridgewater Removal Action
IT IS SO AGREED
Name of Respondent MONSANTO COMPANY iIs
Ishy t- r S S rr- -w ~
By
ff Title
Dote
-28shy
E00 3pound
IT IS SO AGREED
Name of Respondent
By
-IVCL
pound1
Title
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
POLAROID CORPORATION
VICE PRESIDENT AND SECRETARY Title
-28shy
IT IS SO AGREED
Name of Respondent Re eyeling Industries Inc
By
Authorized Agent title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent TECH- gTCM
By
Title
Date
-28shy
ATTACHMENT A
BRIDGEWATER CANNONS ENGINEERING CORPORATION SITE CONSENT ORDER WORK PLAN
I Introduction and Purpose
The purpose of this Consent Order Work Plan is to identify
response actions to be taKen by Respondents of the Site pursuant to
the foregoing Consent Order
I1 Scooe of Work
1 The following are the removal activities required by the
Consent Order
a Renov3- cf XTas-cs The following waste materials shall
oe roTcvo^ frcn the jte poundrd properly disposed of in accordance with
ail applj^oie erv r crrort1 laws and regulations
apprcxirrateiy 400 five-gallon pails containing
waste -atoral from inside the Equipment Building
This -aterial was previously located irsice the box
trailers
approximately 400 less than five-gallon pails which
have had the contents removed into two 55-gallon
drums
approximately one drum full and one drum 34 full
which were generated from the emptying of the above
mentioned less than five-gallon containers
-29shy
approximately 350 containers of laboratory reagents
which were abandoned in the laboratory inside the
Equipment Building
a container approximately one pint in volume
containing an unknown liquid which is considered to
be shock sensitive and will be treated as such
one five-gallon pail of bulked laboratory samples
one three-gallon pail of bulked laboratory samples
approximately 1000 gallons of aqueous waste
material contained in above-ground storage
containers which include less than 10 partially
filled druTs one dumpster and one tank trailer
appr- xiTately 25000 gallons of aqueous waste
material crrtained in the underground tanks
app r bull IT -ic-ly 500 gallons of waste oil determined
to contain a CB content of less than 2 parts per
appr c bull irrately two 55 gallon drums of materials
scraped from trailer bottoms
approximately two 55 gallon drums of contaminated
sorbent material from the equipment building floor
contaminated soil from opening area not to exceed
20 cubic yards
one 55 gallon drum approximately three-quarters
full of contaminated lab water from on-site
laboratory used during initial EPA removal
activities and
-30shy
approximately seventy-five 30 gallon garbage bags
containing contaminated protective clothing and
sampling implements
b Transportation of Wastes All of the above-described
wastes will be transported in accordance with all applicaole laws and
regulations including but not limited to all Department of
Transportation (DOT) regulations Additionally all containers
shipped off site and all vehicles carrying these containers will be
properly and completely labeled and placarded in accordance with all
applicable laws and regulations
c Disposal cf Wastes The Respondents shall make all
arrangerents necessary 10 accomplish the proper disposal of all of
the ebcve-cescribed wastes This shall include making available
disprsol perscrrel frr- -e selected disposal facility as needed to
ass-re hat the pack- J-TC snipping methods used meet the disposal
f a c i l i t y specifications f~r acceptance of wastes For elt ch waste
r-aterial ~z oe rencve-j ircr tre site the Respondents shall indicate
befcrc the waste is rerrcved frcrr the site the method of disposal the
name(s) of the facilityiies) to be utilized the compliance status of
the facility(ies) to be utilized the name(s) of transporter(s) to be
utilized the method of transport for each waste and the packaging
to be utilized
d Record of Disposal The Respondents shall provide EPA
with all paperwork documenting the location of all wastes that leave
the site This shall include all temporary storage facilities that
may be utilized before the waste reaches its final destination for
disposal All wastes removed from the site will be pursuant to an
-31shy
appropriate Hazardous Waste Manifest EPAs On-Scene Coordinator
will sign each manifest relating to the Anchor Tank material so as to
indicate that EPA is the generator of the Anchor Tank material being
removed from the site For all wastes that leave the site the
Respondents will supply information to include but not be limited
to the date of arrival and departure of each waste to or from each
facility a list of all wastes in question and the signature of the
company representative who accepted the wastes in question
Additionally for any waste that is incinerated or otherwise
destroyed the Respondents shall provide certification by a company
official of the facility destroying the waste that the waste was
ndeed destroyed ard by what nethod it was destroyed
e Site Postcraticn Before final demobilization the
^espcrv-- 3 shall restore the site to an acceptable degree This
-bullill ircl-de assur-rce tl-at no trash or waste materials or equipment
associated with any rf the removal activities is left on site Any
~aterjl including soil which has not been contaminated by site
rperatiors shall be returned to its original location
2 The following activities shall also be performed by
Respondents to fulfill the objectives of the Response Action
a Work Plan The Respondents shall prepare a Work Plan
consisting of all activities and subtasks The Work Plan shall
identify all deliverables to be produced during the Work Activities
including timetables for performance of the Work Activities and
production of the deliverables The Work Plan shall identify each
previously identified waste material to be removed from the site and
the Quality Assurance and Quality Control to be used during Work
-32shy
Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
-33shy
b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
-34shy
subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
-35shy
reached on any issue within this seven (7) day period EPA shall
provide a written statement of its decision to the Respondents
Respondents shall commence implementation of the activities required
by the EPA decision within five (5) days of receipt of the decision
In the event that the Respondents do not implement the activities
required by the EPA dt-ision the EPA Regional Administrator may take
such civil enforcement action against Respondents as may be provided
by statutory or equitable authorities including but not limited to
the assessment of such civil penalties or damages as are authorized
oy Sections 106(b)(l) and 107 (c) (3) of CERCLA as amended
31 Delav in Perf^rmancStipulated Penalties For each day
that the Respondents fail to comply with any time deadline estashy
oiioned pursuant to TS Consent Order the Respondent shall pay the
jjrrs -ot rtn belcw _ -t_ted penalties
Per cf Fail rraquo ~- Ct-plv Penalty Per Dav
1st - 7th bull-- $ 2500 8th - 15th y lOOOGi eacr ~ay th--r- -rr 400000
Any pound-cn -enalty sn^ll lt Jj- and payable within ten ilO) cays cf the
receipt cf a written demand by EPA Payment of any such penalty
shall be made by certified crecK payable to the Hazardous Substances
Superfund and mailed to the following address with a notation of the
docket number of this Consent Order
US Environmental Protection Agency Hazardous Substance Superfund P 0 Box 371003 M Pittsburgh PA 15251
-17shy
Notice that such payment has been made shall be provided in writing
to the EPA Project Coordinator The stipulated penalties set forth
in this section do not preclude EPA from electing to pursue any other
remedies or sanctions which may be available to EPA by reason of the
Respondents violation of this Consent Order or the Respondents1
failure or refusal to comply with any of the requirements of this
Order except that EPA agrees that all civil penalties for failure to
comply with the time requirements established pursuant to this
Consent Order shall be limited to the amounts calculated under this
paragraph If Resporccrtr pay stipulated penalties for a specified
period of time for late ccrpliance and EPA subsequently recovers
additional fines cr penalties for the same period of late compliance
r court the fines ard pe- 11 es shall be reduced by the arount of
tre 5tp l-iec peral c-s r~- -degr that period of late corrpliamprce
32 Excuses fr ~lpoundv~ n Perfornaree With respect to
Sespcrcc-tc corcpli -ce wit jny interim or final time deadline set
fcrtr - tris Consent ltpoundbullbull including any iTpierrentatior scnecjles
ccr cai eo in plans ^prvcJ Lv EPA pursuant to paragraph 28 and with
respect to the penalty provisions of paragraph 31 no stipulated
penalties or other sanctions will be imposed for delay directly
caused by the following which could not have been overcome by
Respondents due care (i) any act of God (ii) any Order issued to
Respondents by EPA under the provisions of paragraph 22 provided
that such delay did not arise as the result of the performance of the
Removal Activities (iii) any delay which results from failure to
secure access to the Site if the cause of such failure is not within
the control of Respondents (iv) any delays caused by EPAs failure
-18shy
to complete in a timely manner its review of plans and reports (v)
any delay experienced by the operation of the dispute resolution
procedure set forth herein and (vi) any other cause beyond the
control of Respondents provided however that increases in the cost
of performance of the removal activities shall not excuse such
performance nor affect the applicability of the penalty provisions
andor other sanctions which are provided for under this Order Such
penalties and sanctions shall be avoided only if and only to the
extcrt that such delays rratcrially interfered with or prevented
Respondents executor of their responsibilities during the period of
sucr delay Respondents shall notify EPA within twenty-four (24)
hours ir the event -hat circumstances occur which Respondents assert
snc-lu rccr the -xcu-e provisions cf this paragraph and shall
oert fy bullraquo vr spec y -bull cause or causes of such delay and the
estrat-jj J-jratior -cr Jc-liy Failure to notify EPA shall result
r - waivo Resp- j- -t right to assert that the delay should be
egtcbullbullbull L -ccr -he bullbullbullbull-- -ris paragraph Jpon receipt cf such
rot ic^i cr EPA wll -iotc-rTiie whether the delay is appropriately
exc-icd jrcer this parucraph and shall soon notify Respondents
Respondents further agree to use their best efforts to minimize any
delay which may result Respondents acknowledge that they will have
the burden of justifying excuses for delay in performance under this
paragraph
-19shy
33 Waiver of Settlement Conference In consideration of the
conununi cat ions between EPA and Respondents prior to the issuance of
this Consent Order concerning its terms Respondents hereby agree
that there is no need for a settlement conference prior to the
effective date of the Consent Order
34 Civil Penalties for Non-Compliance Respondents are
advised that except as provided by paragraph 32 of this Order if
Respondents violate or fail or refuse to comply with this Consent
Order or any portion tf-oreof EPA reserves its rights pursuant to
Sections 106(b)(l) and 107(c)(3) of CERCLA as amended with respect
to the imposition of civil penalties and punitive damages
35 Confidentiality Clairs Respondents may assert a
confidentiality clair if appropriate covering all or part of the
nf crrat en request- J LY bull_- is Consent Order pursuant to 40 CFR
2203(L) Such an ace-er en shall be adequately substantiated when
bullhe deserticn is rrj-co eitr9r analytical data nor any information
poundccfc-j in Sectin 1 - lt- ) bull 7 ) ( F cf CERCLA as amended by SARA
snail oe claimed is c- ideniial by Respondent Information
determined to be confidential by EPA shall be afforded the protection
specified by 40 CFR Part 2 Subpart B and in Section 104(e)(7) of
CERCLA as amended by SARA If no such claim accompanies the
information when it is submitted to EPA it may be made available to
the public by EPA without further notice to Respondents
36 Liability of Respondents Response Action Contractor The
Response Action Contractor in connection with the activities set
forth in Attachment A hereto shall not be liable under -CERCLA or
under any other federal law to the United States Government for costs
-20shy
or damages which result from a release or threatened release of
hazardous substances or pollutants or contaminants provided that such
releases rr threatened release was not caused by conduct of the
Response Action Contractor which was negligent grossly negligent or
which constituted intentional misconduct Said Response Action
Contractor shall have the burden of demonstrating that such conduct
was not negligent grossly negligent or did not constitute
intentional misconduct Nothing in this paragraph shall affect the
liaoiiity of any person under any warranty under federal state or
corruTon law
37 Incernnif icat icn Respondents agree to indemnify and save
arc hole rarriess the Jrtec States Government its agencies
jep bull--bullbullbull z agens ffcerrgt employees and representatives from
jry -c ciairs r --bullbull_ f action arising from or cr account of
acts r -lesions z gtcc----z their officers employees agents
-bullco vo - bull r-jsteei i2s--_ r contractors in carrying cut the
-ct bullbullbull- L^rsuant bull bull rs -rpoundent Order
38 eccvery bull Cs ~ EPA reserves the right to bri-c an
action acairst Respcrcert pursuant to Section 107 of CERC1A for
recovery of costs incurred in oversight consistent with paragraph 17
herein administration and enforcement of this Consent Order and
any other past and future costs incurred by the United States
Government in connection with response activities conducted pursuant
to CERCLA at this Site
39 Certification of Respondents Performance of the Work
Activities Upon receipt by EPA of notice from Respondents that
they believe they have satisfied their obligations under the Work
-21shy
Plan and this Consent Order EPA shall determine if Respondents
have met all of their responsibilities under the Work Plan and
under the provisions cf this Consent Order Within twenty-one
(21) days after receipt of said notice EPA will either (a)
provide Respondents with a statement of all of their
responsibilities which EPA believes are still outstanding or (b)
certify to Respondents that their responsibilities under the Scope
or Work and under the provisions of this Consent Order have been
cotrpleteiy and successfully discharged and that the work performed
by Respondents pursuant to this Consent Order and the Scope cf
Aorlt is consistent with the NC
bull10 Covenant Sst to Sue and Contribution Protection In
ccroicerat cr of and pcr certification by EPA that Respondents have
ccTplc-toly Jird succ-r i^lly d5charged their responsibilities under
ti-e -or- Plan and j-J^r the provisions of this Consent Order as
provided -or in parr ph 33 herein EPA covenants not to s-e
Rerc rdct3 n any bdquobull v 1 cr viririst rat ive action for the performance
cf tre vcrK Plan bull v jec rcwcvcr such covenant not to sue does
not extend to any ether liabilities that may be associated with the
Site including but not limited to any other response actions that
have been or may be undertaken at the Site This covenant not to sue
becomes effective upon the issuance by EPA of the certification
provided in paragraph 39 Nothing in this paragraph shall preclude
EPA from enforcing the provisions of this Consent Order in any
judicial or administrative proceeding It is the intention and
understanding of the parties to this Consent Order that the
-22shy
protection from contribution claims as provided by Section 113(b)(2)
of CERC1A as amended applies to any claim with respect to
performance of the activities pursuant to the Work Plan
41 Credit for Expenditures made pursuant to this Order
A Upon certification that Respondents have discharged
their responsibilities pursuant to the Work Plan and under the
provisions of this Consent Order Respondents shall present EPA with
an accounting of (1) all costs incurred consistent with the NCP in
deveioprert of the Work Plan and in performance of the Work Plan and
the other activities required by this Consent Order those costs will
oe segregated into two categories costs specifically associated with
bullr-e Arcror Tank Materials and all other costs and (2) the amounts
paid by -acr Pespcrdc-rr n connection therewith EPA agrees that
bullaiJ gtbull_bullbull rall no rjt i bull--bull a penalty paid by the Respondents
3 With bull-bull_bull (20) cays of receipt of such accounting
~A w i l l approve all --sts jccr-nted for by Respondents which are
orr2-t with =uup jrapr -(I) (Approved Consent Order Costs)
per z^cr approval ~A ^are-_3 to reduc-3 the amount of response costs
wnich it will seek to recover from Respondents pursuant to CERCLA or
otherwise in connection with the Site according to the following
formula said response costs shall be reduced by the Approved
Consent Order costs incurred in performing the work activities
associated with the Anchor Tank materials and by the amount resulting
from multiplying the Approved Consent Order Costs other than those
associated with Anchor Tank Materials times the quantity one minus
the result of dividing the aggregate volume of the Respondents waste
by the total volume of waste sent to the Site The volumes for these
-23shy
calculations shall be taken from the Volumetric Sank List attached as
Appendix 3 to the Administrative Order by Consent Docket No
at the time of publication in the Federal Register
C In the event that any Respondent otherwise receives
credit for Approved Consent Order Costs through settlement or
litigation the credit amount calculated under subparagraph (b) for
all Respc-dents shall be reduced by the amount of the credit received
through these other channels Moreover this paragraph shall in no
way limit or affect EFAs right to seek joint and several liability
against Respondents in any court action for all damages arc ether
costs incurred or to be incurred by EPA at the Cannons Engineering
Corporation Site This reduction in EPAs response costs with
respect - the Site -rail affect only recovery of response costs from
-r-e rc-cp-T-i--nts arc r l iv -o way affect the right cf EPA to seek
cint and -everai l i a b i l i t y JPC recovery of all resporse costs from
potentially respcrciLlo parties other than Respondents
42 PAs Re-laquobullbullbullbullbullbull-bull -- -f Richts EPA expressly reserves all
tre right- and defevcvs tra- it may have including EPAs right to
disapprove of work prforrcd by Respondents and to request that
Respondents perform tasks in addition to those detailed in this
Consent Order In addition EPA reserves the right to undertake
removal andor remedial actions at any time and to perform any and
all portions of the Work Activities which Respondents have failed to
perform properly provided however that EPA agrees to use its best
efforts to avoid duplication of Respondents activitiesunder this
Order Except as otherwise limited by paragraphs 31 and 32 EPA
reserves any and all rights to take any enforcement action pursuant
-24shy
to CERCLA as amended by SARA andor any available legal authority
This Consent Orde- does not constitute any decision on the
preauthorization of funds under Section lll(a)(2) of CERCLA as
amended by SARA
43 Respondents Reservation of Rights The participation by
Respondents in entering into and carrying out the terms of this
Consent Order shall rct be considered an admission of liability for
any purpose Nor shall such actions or participation by Respondents
constitute a commitrort or agreement either express or ixpiied to
undertake further activities at the Site other than these necessary
to perferr the Remcvcl Activities in accordance with the Work Plan
and rris Ccnsent Order or to undertake any remedial actions at the
Site r-ctwi thstandir -ry finding conclusions or reccn-Terdat ions
-ace - crrecticn ~-- performance of the Work Plan Except as
exprezly ret fortr - trie Consent Order Respondents reserve all
rcr= -rey r-_ have- -o opprre or defend against any action or claim
o r c ~ r t j
bull ther Clbull mdash Nothirg in tris Consent Order snail
constitute or be ccrstrucd as a release or a covenant not to sue
regarding any claim cause of action or demand in law or equity
against any person firm trust joint venture partnership
corporation or other entity not a signatory to this Consent Order for
any liability it may have arising out of or relating in any way to
the generation storage treatment handling transportation
release or disposal of any hazardous substances hazardous wastes
pollutants or contaminants found at taken to or taken from the
Site EPA shall not be liable for any injuries or damages to persons
-25shy
or property resulting from actions or omissions of Respondents in
carryinc out the activities pursuant to this Consent Order nor shall
EPA be held as a party to or in any other way liable under any
contract entered into by Respondents or by the Response Action
Contractor in carrying out the activities pursuant to this Consent
Order Except as otherwise herein set forth or agreed this Consent
Order shall not estop or limit any legal or equitable claims of the
United States against Respondents their agents contractors or
assigns including but not limited to claims related to releases of
hazardous substances gtr other pollutants or contaminants
45 Other laws All actions required to be taken pursuant to
-his Consent Order snail be undertaken in accordance with the
recjirererts of all appi icabl-e state and federal laws and regulashy
ticrs rcl-cirg laws rolatira to occupational safety and health and
ctrer federal envi r rctul laws as defined in current EPA policy
Otfer agencies nclJc -he Occupational Safety and Health
-crir 12 ration lOSi- -rd bull e fish and Wildlife Service (FiWS) may
oe called jpon to rev-- rc ccndjct of work under this Consent
Order In the event ihat there is a conflict in the application of
federal or state laws cr regulations the more stringent of the
conflicting provisions shall apply
46 Notice to the State Pursuant to the requirements of
Section 121(f) and 104(b)(2) of CERCLA as amended by SARA EPA has
notified the Commonwealth of Massachusetts of the scope of the
Response Action the negotiations with the potentially responsible
parties and of the issuance of this Consent Order
-26shy
47 Notice to the Federal Natural Resource Trustee Pursuant
to Sections 122(j) of SARA EPA has notified the Federal Natural
Resource Trustee of the scope of the Response Action the negotiation
with the potentially responsible parties and of the issuance of this
Consent Order
48 Separate Documents This Consent Order may be executed in
two or more counterparts each of which shall be deemed an original
but all of which together shall constitute one and the same
instrument
49 Effective Dare This Consent Order shall be effective upon
the date cf Respondents1 receipt of notice of signature by the
Seccrai Administrate- All times for performance of activities
jrcer -5 Consent Crder shall be calculated from that date
IT S SO AJPEID AND 3IRID iV
bullcr-e P leiarc Date
-27shy
IT IS SO AGREED
Name of Respondent ACUSHNET COMPANY
By Dale M Shenk Vice President and Controller
Title
January T 8 8 Date
-28shy
IT IS SO AGREED AMERICAN C^AMID COMPANY
Name of Respondent
By A JsJ Costello
Executive Vice President Title
bulljruary 1D3S Date
-28shy
IT IS SO AGREES
AMERICAN NATIONAL CAN CORPORATION Name cf Respondent
By S1U4uJ [ampJUULL~-~AT LAW
JAMES BALLS bull_
Title
JAMASY 7Date
198B
laquo By his signature hereon Janes Seller certifies that he has authority to bind Respondent to the terms of this agreement
-28shy
IT IS SO AGREED
ATampT Technologies Inc Name of Respondent
By ATampT-Engineering Vice President
Title
Date
-28shy
0 A
IT IS SO A G R E E D
Name of Respondent
By John L Fox
General Manager Title
January 6 T968 Date
-28shy
IT IS SO AGREED
Name of R e s p o n d e n t ^-
CHAMBERLAIN MANUFACTURING CORPORATION
By
General Co Title
Jaruar- D a t e
1988
-28shy
IT IS 60 AGREED
Name of Respondent ^ t~poundr llS^eL
Byj Richard Barth
Preeident fc Chief Executive Officer Title
CIBA-GEIGY corporation January 6 1988
Date
-28shy
IT IS SO AGREED
Name of Respondent Earthline Company fsCA
By
Authorized Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent FAIRCHILD SEMICONDUCTOR CORPORATION
By C R Bostic
Its Representative Title
January 4 1986 Date
-28shy
IT IS SO AGREED
Name of Respondent Franklin Pumping Service Inc
By
J I J (President)
1788 Date
-28shy
IT IS SO AGREED
Name of Respondent General Dynamics Corporation
By
Daniel S Hapke Assistant General Counsel T i t l e
4 January 1988 Date
-28shy
IT 18 SO AGREED i
of Ropondtnt
By
-28shy
In the Matter of Cannons Engineering Corporation Administrative Order by Consent
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
Hoechst Celane^e Corporation
Heinz X HofmeistermdashVice President Title
-28shy
IT IS SO AGREED
Name of Respondent HoffaeM-La Bocht Inc
By EB Anderson Senior Viet Prttident
Title
-28shy
P3 ICIO UflWDGFT GO JMN 0 8
XT IS SO ACREEDi
of Respondent rrt
bullyi
Jlflua r v 7 shym
IT IS SO AGREED
Name of Respondent Interex^Corporation
By
Authorized Axteht Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent
By
January 13 1988 Date
Millipore CorporationWaters Associates
Senior Vice President Title
-28shy
Cannons Engineering Corporation Administrative Order by Consent Bridgewater Removal Action
IT IS SO AGREED
Name of Respondent MONSANTO COMPANY iIs
Ishy t- r S S rr- -w ~
By
ff Title
Dote
-28shy
E00 3pound
IT IS SO AGREED
Name of Respondent
By
-IVCL
pound1
Title
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
POLAROID CORPORATION
VICE PRESIDENT AND SECRETARY Title
-28shy
IT IS SO AGREED
Name of Respondent Re eyeling Industries Inc
By
Authorized Agent title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent TECH- gTCM
By
Title
Date
-28shy
ATTACHMENT A
BRIDGEWATER CANNONS ENGINEERING CORPORATION SITE CONSENT ORDER WORK PLAN
I Introduction and Purpose
The purpose of this Consent Order Work Plan is to identify
response actions to be taKen by Respondents of the Site pursuant to
the foregoing Consent Order
I1 Scooe of Work
1 The following are the removal activities required by the
Consent Order
a Renov3- cf XTas-cs The following waste materials shall
oe roTcvo^ frcn the jte poundrd properly disposed of in accordance with
ail applj^oie erv r crrort1 laws and regulations
apprcxirrateiy 400 five-gallon pails containing
waste -atoral from inside the Equipment Building
This -aterial was previously located irsice the box
trailers
approximately 400 less than five-gallon pails which
have had the contents removed into two 55-gallon
drums
approximately one drum full and one drum 34 full
which were generated from the emptying of the above
mentioned less than five-gallon containers
-29shy
approximately 350 containers of laboratory reagents
which were abandoned in the laboratory inside the
Equipment Building
a container approximately one pint in volume
containing an unknown liquid which is considered to
be shock sensitive and will be treated as such
one five-gallon pail of bulked laboratory samples
one three-gallon pail of bulked laboratory samples
approximately 1000 gallons of aqueous waste
material contained in above-ground storage
containers which include less than 10 partially
filled druTs one dumpster and one tank trailer
appr- xiTately 25000 gallons of aqueous waste
material crrtained in the underground tanks
app r bull IT -ic-ly 500 gallons of waste oil determined
to contain a CB content of less than 2 parts per
appr c bull irrately two 55 gallon drums of materials
scraped from trailer bottoms
approximately two 55 gallon drums of contaminated
sorbent material from the equipment building floor
contaminated soil from opening area not to exceed
20 cubic yards
one 55 gallon drum approximately three-quarters
full of contaminated lab water from on-site
laboratory used during initial EPA removal
activities and
-30shy
approximately seventy-five 30 gallon garbage bags
containing contaminated protective clothing and
sampling implements
b Transportation of Wastes All of the above-described
wastes will be transported in accordance with all applicaole laws and
regulations including but not limited to all Department of
Transportation (DOT) regulations Additionally all containers
shipped off site and all vehicles carrying these containers will be
properly and completely labeled and placarded in accordance with all
applicable laws and regulations
c Disposal cf Wastes The Respondents shall make all
arrangerents necessary 10 accomplish the proper disposal of all of
the ebcve-cescribed wastes This shall include making available
disprsol perscrrel frr- -e selected disposal facility as needed to
ass-re hat the pack- J-TC snipping methods used meet the disposal
f a c i l i t y specifications f~r acceptance of wastes For elt ch waste
r-aterial ~z oe rencve-j ircr tre site the Respondents shall indicate
befcrc the waste is rerrcved frcrr the site the method of disposal the
name(s) of the facilityiies) to be utilized the compliance status of
the facility(ies) to be utilized the name(s) of transporter(s) to be
utilized the method of transport for each waste and the packaging
to be utilized
d Record of Disposal The Respondents shall provide EPA
with all paperwork documenting the location of all wastes that leave
the site This shall include all temporary storage facilities that
may be utilized before the waste reaches its final destination for
disposal All wastes removed from the site will be pursuant to an
-31shy
appropriate Hazardous Waste Manifest EPAs On-Scene Coordinator
will sign each manifest relating to the Anchor Tank material so as to
indicate that EPA is the generator of the Anchor Tank material being
removed from the site For all wastes that leave the site the
Respondents will supply information to include but not be limited
to the date of arrival and departure of each waste to or from each
facility a list of all wastes in question and the signature of the
company representative who accepted the wastes in question
Additionally for any waste that is incinerated or otherwise
destroyed the Respondents shall provide certification by a company
official of the facility destroying the waste that the waste was
ndeed destroyed ard by what nethod it was destroyed
e Site Postcraticn Before final demobilization the
^espcrv-- 3 shall restore the site to an acceptable degree This
-bullill ircl-de assur-rce tl-at no trash or waste materials or equipment
associated with any rf the removal activities is left on site Any
~aterjl including soil which has not been contaminated by site
rperatiors shall be returned to its original location
2 The following activities shall also be performed by
Respondents to fulfill the objectives of the Response Action
a Work Plan The Respondents shall prepare a Work Plan
consisting of all activities and subtasks The Work Plan shall
identify all deliverables to be produced during the Work Activities
including timetables for performance of the Work Activities and
production of the deliverables The Work Plan shall identify each
previously identified waste material to be removed from the site and
the Quality Assurance and Quality Control to be used during Work
-32shy
Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
-33shy
b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
-34shy
subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
-35shy
Notice that such payment has been made shall be provided in writing
to the EPA Project Coordinator The stipulated penalties set forth
in this section do not preclude EPA from electing to pursue any other
remedies or sanctions which may be available to EPA by reason of the
Respondents violation of this Consent Order or the Respondents1
failure or refusal to comply with any of the requirements of this
Order except that EPA agrees that all civil penalties for failure to
comply with the time requirements established pursuant to this
Consent Order shall be limited to the amounts calculated under this
paragraph If Resporccrtr pay stipulated penalties for a specified
period of time for late ccrpliance and EPA subsequently recovers
additional fines cr penalties for the same period of late compliance
r court the fines ard pe- 11 es shall be reduced by the arount of
tre 5tp l-iec peral c-s r~- -degr that period of late corrpliamprce
32 Excuses fr ~lpoundv~ n Perfornaree With respect to
Sespcrcc-tc corcpli -ce wit jny interim or final time deadline set
fcrtr - tris Consent ltpoundbullbull including any iTpierrentatior scnecjles
ccr cai eo in plans ^prvcJ Lv EPA pursuant to paragraph 28 and with
respect to the penalty provisions of paragraph 31 no stipulated
penalties or other sanctions will be imposed for delay directly
caused by the following which could not have been overcome by
Respondents due care (i) any act of God (ii) any Order issued to
Respondents by EPA under the provisions of paragraph 22 provided
that such delay did not arise as the result of the performance of the
Removal Activities (iii) any delay which results from failure to
secure access to the Site if the cause of such failure is not within
the control of Respondents (iv) any delays caused by EPAs failure
-18shy
to complete in a timely manner its review of plans and reports (v)
any delay experienced by the operation of the dispute resolution
procedure set forth herein and (vi) any other cause beyond the
control of Respondents provided however that increases in the cost
of performance of the removal activities shall not excuse such
performance nor affect the applicability of the penalty provisions
andor other sanctions which are provided for under this Order Such
penalties and sanctions shall be avoided only if and only to the
extcrt that such delays rratcrially interfered with or prevented
Respondents executor of their responsibilities during the period of
sucr delay Respondents shall notify EPA within twenty-four (24)
hours ir the event -hat circumstances occur which Respondents assert
snc-lu rccr the -xcu-e provisions cf this paragraph and shall
oert fy bullraquo vr spec y -bull cause or causes of such delay and the
estrat-jj J-jratior -cr Jc-liy Failure to notify EPA shall result
r - waivo Resp- j- -t right to assert that the delay should be
egtcbullbullbull L -ccr -he bullbullbullbull-- -ris paragraph Jpon receipt cf such
rot ic^i cr EPA wll -iotc-rTiie whether the delay is appropriately
exc-icd jrcer this parucraph and shall soon notify Respondents
Respondents further agree to use their best efforts to minimize any
delay which may result Respondents acknowledge that they will have
the burden of justifying excuses for delay in performance under this
paragraph
-19shy
33 Waiver of Settlement Conference In consideration of the
conununi cat ions between EPA and Respondents prior to the issuance of
this Consent Order concerning its terms Respondents hereby agree
that there is no need for a settlement conference prior to the
effective date of the Consent Order
34 Civil Penalties for Non-Compliance Respondents are
advised that except as provided by paragraph 32 of this Order if
Respondents violate or fail or refuse to comply with this Consent
Order or any portion tf-oreof EPA reserves its rights pursuant to
Sections 106(b)(l) and 107(c)(3) of CERCLA as amended with respect
to the imposition of civil penalties and punitive damages
35 Confidentiality Clairs Respondents may assert a
confidentiality clair if appropriate covering all or part of the
nf crrat en request- J LY bull_- is Consent Order pursuant to 40 CFR
2203(L) Such an ace-er en shall be adequately substantiated when
bullhe deserticn is rrj-co eitr9r analytical data nor any information
poundccfc-j in Sectin 1 - lt- ) bull 7 ) ( F cf CERCLA as amended by SARA
snail oe claimed is c- ideniial by Respondent Information
determined to be confidential by EPA shall be afforded the protection
specified by 40 CFR Part 2 Subpart B and in Section 104(e)(7) of
CERCLA as amended by SARA If no such claim accompanies the
information when it is submitted to EPA it may be made available to
the public by EPA without further notice to Respondents
36 Liability of Respondents Response Action Contractor The
Response Action Contractor in connection with the activities set
forth in Attachment A hereto shall not be liable under -CERCLA or
under any other federal law to the United States Government for costs
-20shy
or damages which result from a release or threatened release of
hazardous substances or pollutants or contaminants provided that such
releases rr threatened release was not caused by conduct of the
Response Action Contractor which was negligent grossly negligent or
which constituted intentional misconduct Said Response Action
Contractor shall have the burden of demonstrating that such conduct
was not negligent grossly negligent or did not constitute
intentional misconduct Nothing in this paragraph shall affect the
liaoiiity of any person under any warranty under federal state or
corruTon law
37 Incernnif icat icn Respondents agree to indemnify and save
arc hole rarriess the Jrtec States Government its agencies
jep bull--bullbullbull z agens ffcerrgt employees and representatives from
jry -c ciairs r --bullbull_ f action arising from or cr account of
acts r -lesions z gtcc----z their officers employees agents
-bullco vo - bull r-jsteei i2s--_ r contractors in carrying cut the
-ct bullbullbull- L^rsuant bull bull rs -rpoundent Order
38 eccvery bull Cs ~ EPA reserves the right to bri-c an
action acairst Respcrcert pursuant to Section 107 of CERC1A for
recovery of costs incurred in oversight consistent with paragraph 17
herein administration and enforcement of this Consent Order and
any other past and future costs incurred by the United States
Government in connection with response activities conducted pursuant
to CERCLA at this Site
39 Certification of Respondents Performance of the Work
Activities Upon receipt by EPA of notice from Respondents that
they believe they have satisfied their obligations under the Work
-21shy
Plan and this Consent Order EPA shall determine if Respondents
have met all of their responsibilities under the Work Plan and
under the provisions cf this Consent Order Within twenty-one
(21) days after receipt of said notice EPA will either (a)
provide Respondents with a statement of all of their
responsibilities which EPA believes are still outstanding or (b)
certify to Respondents that their responsibilities under the Scope
or Work and under the provisions of this Consent Order have been
cotrpleteiy and successfully discharged and that the work performed
by Respondents pursuant to this Consent Order and the Scope cf
Aorlt is consistent with the NC
bull10 Covenant Sst to Sue and Contribution Protection In
ccroicerat cr of and pcr certification by EPA that Respondents have
ccTplc-toly Jird succ-r i^lly d5charged their responsibilities under
ti-e -or- Plan and j-J^r the provisions of this Consent Order as
provided -or in parr ph 33 herein EPA covenants not to s-e
Rerc rdct3 n any bdquobull v 1 cr viririst rat ive action for the performance
cf tre vcrK Plan bull v jec rcwcvcr such covenant not to sue does
not extend to any ether liabilities that may be associated with the
Site including but not limited to any other response actions that
have been or may be undertaken at the Site This covenant not to sue
becomes effective upon the issuance by EPA of the certification
provided in paragraph 39 Nothing in this paragraph shall preclude
EPA from enforcing the provisions of this Consent Order in any
judicial or administrative proceeding It is the intention and
understanding of the parties to this Consent Order that the
-22shy
protection from contribution claims as provided by Section 113(b)(2)
of CERC1A as amended applies to any claim with respect to
performance of the activities pursuant to the Work Plan
41 Credit for Expenditures made pursuant to this Order
A Upon certification that Respondents have discharged
their responsibilities pursuant to the Work Plan and under the
provisions of this Consent Order Respondents shall present EPA with
an accounting of (1) all costs incurred consistent with the NCP in
deveioprert of the Work Plan and in performance of the Work Plan and
the other activities required by this Consent Order those costs will
oe segregated into two categories costs specifically associated with
bullr-e Arcror Tank Materials and all other costs and (2) the amounts
paid by -acr Pespcrdc-rr n connection therewith EPA agrees that
bullaiJ gtbull_bullbull rall no rjt i bull--bull a penalty paid by the Respondents
3 With bull-bull_bull (20) cays of receipt of such accounting
~A w i l l approve all --sts jccr-nted for by Respondents which are
orr2-t with =uup jrapr -(I) (Approved Consent Order Costs)
per z^cr approval ~A ^are-_3 to reduc-3 the amount of response costs
wnich it will seek to recover from Respondents pursuant to CERCLA or
otherwise in connection with the Site according to the following
formula said response costs shall be reduced by the Approved
Consent Order costs incurred in performing the work activities
associated with the Anchor Tank materials and by the amount resulting
from multiplying the Approved Consent Order Costs other than those
associated with Anchor Tank Materials times the quantity one minus
the result of dividing the aggregate volume of the Respondents waste
by the total volume of waste sent to the Site The volumes for these
-23shy
calculations shall be taken from the Volumetric Sank List attached as
Appendix 3 to the Administrative Order by Consent Docket No
at the time of publication in the Federal Register
C In the event that any Respondent otherwise receives
credit for Approved Consent Order Costs through settlement or
litigation the credit amount calculated under subparagraph (b) for
all Respc-dents shall be reduced by the amount of the credit received
through these other channels Moreover this paragraph shall in no
way limit or affect EFAs right to seek joint and several liability
against Respondents in any court action for all damages arc ether
costs incurred or to be incurred by EPA at the Cannons Engineering
Corporation Site This reduction in EPAs response costs with
respect - the Site -rail affect only recovery of response costs from
-r-e rc-cp-T-i--nts arc r l iv -o way affect the right cf EPA to seek
cint and -everai l i a b i l i t y JPC recovery of all resporse costs from
potentially respcrciLlo parties other than Respondents
42 PAs Re-laquobullbullbullbullbullbull-bull -- -f Richts EPA expressly reserves all
tre right- and defevcvs tra- it may have including EPAs right to
disapprove of work prforrcd by Respondents and to request that
Respondents perform tasks in addition to those detailed in this
Consent Order In addition EPA reserves the right to undertake
removal andor remedial actions at any time and to perform any and
all portions of the Work Activities which Respondents have failed to
perform properly provided however that EPA agrees to use its best
efforts to avoid duplication of Respondents activitiesunder this
Order Except as otherwise limited by paragraphs 31 and 32 EPA
reserves any and all rights to take any enforcement action pursuant
-24shy
to CERCLA as amended by SARA andor any available legal authority
This Consent Orde- does not constitute any decision on the
preauthorization of funds under Section lll(a)(2) of CERCLA as
amended by SARA
43 Respondents Reservation of Rights The participation by
Respondents in entering into and carrying out the terms of this
Consent Order shall rct be considered an admission of liability for
any purpose Nor shall such actions or participation by Respondents
constitute a commitrort or agreement either express or ixpiied to
undertake further activities at the Site other than these necessary
to perferr the Remcvcl Activities in accordance with the Work Plan
and rris Ccnsent Order or to undertake any remedial actions at the
Site r-ctwi thstandir -ry finding conclusions or reccn-Terdat ions
-ace - crrecticn ~-- performance of the Work Plan Except as
exprezly ret fortr - trie Consent Order Respondents reserve all
rcr= -rey r-_ have- -o opprre or defend against any action or claim
o r c ~ r t j
bull ther Clbull mdash Nothirg in tris Consent Order snail
constitute or be ccrstrucd as a release or a covenant not to sue
regarding any claim cause of action or demand in law or equity
against any person firm trust joint venture partnership
corporation or other entity not a signatory to this Consent Order for
any liability it may have arising out of or relating in any way to
the generation storage treatment handling transportation
release or disposal of any hazardous substances hazardous wastes
pollutants or contaminants found at taken to or taken from the
Site EPA shall not be liable for any injuries or damages to persons
-25shy
or property resulting from actions or omissions of Respondents in
carryinc out the activities pursuant to this Consent Order nor shall
EPA be held as a party to or in any other way liable under any
contract entered into by Respondents or by the Response Action
Contractor in carrying out the activities pursuant to this Consent
Order Except as otherwise herein set forth or agreed this Consent
Order shall not estop or limit any legal or equitable claims of the
United States against Respondents their agents contractors or
assigns including but not limited to claims related to releases of
hazardous substances gtr other pollutants or contaminants
45 Other laws All actions required to be taken pursuant to
-his Consent Order snail be undertaken in accordance with the
recjirererts of all appi icabl-e state and federal laws and regulashy
ticrs rcl-cirg laws rolatira to occupational safety and health and
ctrer federal envi r rctul laws as defined in current EPA policy
Otfer agencies nclJc -he Occupational Safety and Health
-crir 12 ration lOSi- -rd bull e fish and Wildlife Service (FiWS) may
oe called jpon to rev-- rc ccndjct of work under this Consent
Order In the event ihat there is a conflict in the application of
federal or state laws cr regulations the more stringent of the
conflicting provisions shall apply
46 Notice to the State Pursuant to the requirements of
Section 121(f) and 104(b)(2) of CERCLA as amended by SARA EPA has
notified the Commonwealth of Massachusetts of the scope of the
Response Action the negotiations with the potentially responsible
parties and of the issuance of this Consent Order
-26shy
47 Notice to the Federal Natural Resource Trustee Pursuant
to Sections 122(j) of SARA EPA has notified the Federal Natural
Resource Trustee of the scope of the Response Action the negotiation
with the potentially responsible parties and of the issuance of this
Consent Order
48 Separate Documents This Consent Order may be executed in
two or more counterparts each of which shall be deemed an original
but all of which together shall constitute one and the same
instrument
49 Effective Dare This Consent Order shall be effective upon
the date cf Respondents1 receipt of notice of signature by the
Seccrai Administrate- All times for performance of activities
jrcer -5 Consent Crder shall be calculated from that date
IT S SO AJPEID AND 3IRID iV
bullcr-e P leiarc Date
-27shy
IT IS SO AGREED
Name of Respondent ACUSHNET COMPANY
By Dale M Shenk Vice President and Controller
Title
January T 8 8 Date
-28shy
IT IS SO AGREED AMERICAN C^AMID COMPANY
Name of Respondent
By A JsJ Costello
Executive Vice President Title
bulljruary 1D3S Date
-28shy
IT IS SO AGREES
AMERICAN NATIONAL CAN CORPORATION Name cf Respondent
By S1U4uJ [ampJUULL~-~AT LAW
JAMES BALLS bull_
Title
JAMASY 7Date
198B
laquo By his signature hereon Janes Seller certifies that he has authority to bind Respondent to the terms of this agreement
-28shy
IT IS SO AGREED
ATampT Technologies Inc Name of Respondent
By ATampT-Engineering Vice President
Title
Date
-28shy
0 A
IT IS SO A G R E E D
Name of Respondent
By John L Fox
General Manager Title
January 6 T968 Date
-28shy
IT IS SO AGREED
Name of R e s p o n d e n t ^-
CHAMBERLAIN MANUFACTURING CORPORATION
By
General Co Title
Jaruar- D a t e
1988
-28shy
IT IS 60 AGREED
Name of Respondent ^ t~poundr llS^eL
Byj Richard Barth
Preeident fc Chief Executive Officer Title
CIBA-GEIGY corporation January 6 1988
Date
-28shy
IT IS SO AGREED
Name of Respondent Earthline Company fsCA
By
Authorized Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent FAIRCHILD SEMICONDUCTOR CORPORATION
By C R Bostic
Its Representative Title
January 4 1986 Date
-28shy
IT IS SO AGREED
Name of Respondent Franklin Pumping Service Inc
By
J I J (President)
1788 Date
-28shy
IT IS SO AGREED
Name of Respondent General Dynamics Corporation
By
Daniel S Hapke Assistant General Counsel T i t l e
4 January 1988 Date
-28shy
IT 18 SO AGREED i
of Ropondtnt
By
-28shy
In the Matter of Cannons Engineering Corporation Administrative Order by Consent
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
Hoechst Celane^e Corporation
Heinz X HofmeistermdashVice President Title
-28shy
IT IS SO AGREED
Name of Respondent HoffaeM-La Bocht Inc
By EB Anderson Senior Viet Prttident
Title
-28shy
P3 ICIO UflWDGFT GO JMN 0 8
XT IS SO ACREEDi
of Respondent rrt
bullyi
Jlflua r v 7 shym
IT IS SO AGREED
Name of Respondent Interex^Corporation
By
Authorized Axteht Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent
By
January 13 1988 Date
Millipore CorporationWaters Associates
Senior Vice President Title
-28shy
Cannons Engineering Corporation Administrative Order by Consent Bridgewater Removal Action
IT IS SO AGREED
Name of Respondent MONSANTO COMPANY iIs
Ishy t- r S S rr- -w ~
By
ff Title
Dote
-28shy
E00 3pound
IT IS SO AGREED
Name of Respondent
By
-IVCL
pound1
Title
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
POLAROID CORPORATION
VICE PRESIDENT AND SECRETARY Title
-28shy
IT IS SO AGREED
Name of Respondent Re eyeling Industries Inc
By
Authorized Agent title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent TECH- gTCM
By
Title
Date
-28shy
ATTACHMENT A
BRIDGEWATER CANNONS ENGINEERING CORPORATION SITE CONSENT ORDER WORK PLAN
I Introduction and Purpose
The purpose of this Consent Order Work Plan is to identify
response actions to be taKen by Respondents of the Site pursuant to
the foregoing Consent Order
I1 Scooe of Work
1 The following are the removal activities required by the
Consent Order
a Renov3- cf XTas-cs The following waste materials shall
oe roTcvo^ frcn the jte poundrd properly disposed of in accordance with
ail applj^oie erv r crrort1 laws and regulations
apprcxirrateiy 400 five-gallon pails containing
waste -atoral from inside the Equipment Building
This -aterial was previously located irsice the box
trailers
approximately 400 less than five-gallon pails which
have had the contents removed into two 55-gallon
drums
approximately one drum full and one drum 34 full
which were generated from the emptying of the above
mentioned less than five-gallon containers
-29shy
approximately 350 containers of laboratory reagents
which were abandoned in the laboratory inside the
Equipment Building
a container approximately one pint in volume
containing an unknown liquid which is considered to
be shock sensitive and will be treated as such
one five-gallon pail of bulked laboratory samples
one three-gallon pail of bulked laboratory samples
approximately 1000 gallons of aqueous waste
material contained in above-ground storage
containers which include less than 10 partially
filled druTs one dumpster and one tank trailer
appr- xiTately 25000 gallons of aqueous waste
material crrtained in the underground tanks
app r bull IT -ic-ly 500 gallons of waste oil determined
to contain a CB content of less than 2 parts per
appr c bull irrately two 55 gallon drums of materials
scraped from trailer bottoms
approximately two 55 gallon drums of contaminated
sorbent material from the equipment building floor
contaminated soil from opening area not to exceed
20 cubic yards
one 55 gallon drum approximately three-quarters
full of contaminated lab water from on-site
laboratory used during initial EPA removal
activities and
-30shy
approximately seventy-five 30 gallon garbage bags
containing contaminated protective clothing and
sampling implements
b Transportation of Wastes All of the above-described
wastes will be transported in accordance with all applicaole laws and
regulations including but not limited to all Department of
Transportation (DOT) regulations Additionally all containers
shipped off site and all vehicles carrying these containers will be
properly and completely labeled and placarded in accordance with all
applicable laws and regulations
c Disposal cf Wastes The Respondents shall make all
arrangerents necessary 10 accomplish the proper disposal of all of
the ebcve-cescribed wastes This shall include making available
disprsol perscrrel frr- -e selected disposal facility as needed to
ass-re hat the pack- J-TC snipping methods used meet the disposal
f a c i l i t y specifications f~r acceptance of wastes For elt ch waste
r-aterial ~z oe rencve-j ircr tre site the Respondents shall indicate
befcrc the waste is rerrcved frcrr the site the method of disposal the
name(s) of the facilityiies) to be utilized the compliance status of
the facility(ies) to be utilized the name(s) of transporter(s) to be
utilized the method of transport for each waste and the packaging
to be utilized
d Record of Disposal The Respondents shall provide EPA
with all paperwork documenting the location of all wastes that leave
the site This shall include all temporary storage facilities that
may be utilized before the waste reaches its final destination for
disposal All wastes removed from the site will be pursuant to an
-31shy
appropriate Hazardous Waste Manifest EPAs On-Scene Coordinator
will sign each manifest relating to the Anchor Tank material so as to
indicate that EPA is the generator of the Anchor Tank material being
removed from the site For all wastes that leave the site the
Respondents will supply information to include but not be limited
to the date of arrival and departure of each waste to or from each
facility a list of all wastes in question and the signature of the
company representative who accepted the wastes in question
Additionally for any waste that is incinerated or otherwise
destroyed the Respondents shall provide certification by a company
official of the facility destroying the waste that the waste was
ndeed destroyed ard by what nethod it was destroyed
e Site Postcraticn Before final demobilization the
^espcrv-- 3 shall restore the site to an acceptable degree This
-bullill ircl-de assur-rce tl-at no trash or waste materials or equipment
associated with any rf the removal activities is left on site Any
~aterjl including soil which has not been contaminated by site
rperatiors shall be returned to its original location
2 The following activities shall also be performed by
Respondents to fulfill the objectives of the Response Action
a Work Plan The Respondents shall prepare a Work Plan
consisting of all activities and subtasks The Work Plan shall
identify all deliverables to be produced during the Work Activities
including timetables for performance of the Work Activities and
production of the deliverables The Work Plan shall identify each
previously identified waste material to be removed from the site and
the Quality Assurance and Quality Control to be used during Work
-32shy
Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
-33shy
b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
-34shy
subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
-35shy
to complete in a timely manner its review of plans and reports (v)
any delay experienced by the operation of the dispute resolution
procedure set forth herein and (vi) any other cause beyond the
control of Respondents provided however that increases in the cost
of performance of the removal activities shall not excuse such
performance nor affect the applicability of the penalty provisions
andor other sanctions which are provided for under this Order Such
penalties and sanctions shall be avoided only if and only to the
extcrt that such delays rratcrially interfered with or prevented
Respondents executor of their responsibilities during the period of
sucr delay Respondents shall notify EPA within twenty-four (24)
hours ir the event -hat circumstances occur which Respondents assert
snc-lu rccr the -xcu-e provisions cf this paragraph and shall
oert fy bullraquo vr spec y -bull cause or causes of such delay and the
estrat-jj J-jratior -cr Jc-liy Failure to notify EPA shall result
r - waivo Resp- j- -t right to assert that the delay should be
egtcbullbullbull L -ccr -he bullbullbullbull-- -ris paragraph Jpon receipt cf such
rot ic^i cr EPA wll -iotc-rTiie whether the delay is appropriately
exc-icd jrcer this parucraph and shall soon notify Respondents
Respondents further agree to use their best efforts to minimize any
delay which may result Respondents acknowledge that they will have
the burden of justifying excuses for delay in performance under this
paragraph
-19shy
33 Waiver of Settlement Conference In consideration of the
conununi cat ions between EPA and Respondents prior to the issuance of
this Consent Order concerning its terms Respondents hereby agree
that there is no need for a settlement conference prior to the
effective date of the Consent Order
34 Civil Penalties for Non-Compliance Respondents are
advised that except as provided by paragraph 32 of this Order if
Respondents violate or fail or refuse to comply with this Consent
Order or any portion tf-oreof EPA reserves its rights pursuant to
Sections 106(b)(l) and 107(c)(3) of CERCLA as amended with respect
to the imposition of civil penalties and punitive damages
35 Confidentiality Clairs Respondents may assert a
confidentiality clair if appropriate covering all or part of the
nf crrat en request- J LY bull_- is Consent Order pursuant to 40 CFR
2203(L) Such an ace-er en shall be adequately substantiated when
bullhe deserticn is rrj-co eitr9r analytical data nor any information
poundccfc-j in Sectin 1 - lt- ) bull 7 ) ( F cf CERCLA as amended by SARA
snail oe claimed is c- ideniial by Respondent Information
determined to be confidential by EPA shall be afforded the protection
specified by 40 CFR Part 2 Subpart B and in Section 104(e)(7) of
CERCLA as amended by SARA If no such claim accompanies the
information when it is submitted to EPA it may be made available to
the public by EPA without further notice to Respondents
36 Liability of Respondents Response Action Contractor The
Response Action Contractor in connection with the activities set
forth in Attachment A hereto shall not be liable under -CERCLA or
under any other federal law to the United States Government for costs
-20shy
or damages which result from a release or threatened release of
hazardous substances or pollutants or contaminants provided that such
releases rr threatened release was not caused by conduct of the
Response Action Contractor which was negligent grossly negligent or
which constituted intentional misconduct Said Response Action
Contractor shall have the burden of demonstrating that such conduct
was not negligent grossly negligent or did not constitute
intentional misconduct Nothing in this paragraph shall affect the
liaoiiity of any person under any warranty under federal state or
corruTon law
37 Incernnif icat icn Respondents agree to indemnify and save
arc hole rarriess the Jrtec States Government its agencies
jep bull--bullbullbull z agens ffcerrgt employees and representatives from
jry -c ciairs r --bullbull_ f action arising from or cr account of
acts r -lesions z gtcc----z their officers employees agents
-bullco vo - bull r-jsteei i2s--_ r contractors in carrying cut the
-ct bullbullbull- L^rsuant bull bull rs -rpoundent Order
38 eccvery bull Cs ~ EPA reserves the right to bri-c an
action acairst Respcrcert pursuant to Section 107 of CERC1A for
recovery of costs incurred in oversight consistent with paragraph 17
herein administration and enforcement of this Consent Order and
any other past and future costs incurred by the United States
Government in connection with response activities conducted pursuant
to CERCLA at this Site
39 Certification of Respondents Performance of the Work
Activities Upon receipt by EPA of notice from Respondents that
they believe they have satisfied their obligations under the Work
-21shy
Plan and this Consent Order EPA shall determine if Respondents
have met all of their responsibilities under the Work Plan and
under the provisions cf this Consent Order Within twenty-one
(21) days after receipt of said notice EPA will either (a)
provide Respondents with a statement of all of their
responsibilities which EPA believes are still outstanding or (b)
certify to Respondents that their responsibilities under the Scope
or Work and under the provisions of this Consent Order have been
cotrpleteiy and successfully discharged and that the work performed
by Respondents pursuant to this Consent Order and the Scope cf
Aorlt is consistent with the NC
bull10 Covenant Sst to Sue and Contribution Protection In
ccroicerat cr of and pcr certification by EPA that Respondents have
ccTplc-toly Jird succ-r i^lly d5charged their responsibilities under
ti-e -or- Plan and j-J^r the provisions of this Consent Order as
provided -or in parr ph 33 herein EPA covenants not to s-e
Rerc rdct3 n any bdquobull v 1 cr viririst rat ive action for the performance
cf tre vcrK Plan bull v jec rcwcvcr such covenant not to sue does
not extend to any ether liabilities that may be associated with the
Site including but not limited to any other response actions that
have been or may be undertaken at the Site This covenant not to sue
becomes effective upon the issuance by EPA of the certification
provided in paragraph 39 Nothing in this paragraph shall preclude
EPA from enforcing the provisions of this Consent Order in any
judicial or administrative proceeding It is the intention and
understanding of the parties to this Consent Order that the
-22shy
protection from contribution claims as provided by Section 113(b)(2)
of CERC1A as amended applies to any claim with respect to
performance of the activities pursuant to the Work Plan
41 Credit for Expenditures made pursuant to this Order
A Upon certification that Respondents have discharged
their responsibilities pursuant to the Work Plan and under the
provisions of this Consent Order Respondents shall present EPA with
an accounting of (1) all costs incurred consistent with the NCP in
deveioprert of the Work Plan and in performance of the Work Plan and
the other activities required by this Consent Order those costs will
oe segregated into two categories costs specifically associated with
bullr-e Arcror Tank Materials and all other costs and (2) the amounts
paid by -acr Pespcrdc-rr n connection therewith EPA agrees that
bullaiJ gtbull_bullbull rall no rjt i bull--bull a penalty paid by the Respondents
3 With bull-bull_bull (20) cays of receipt of such accounting
~A w i l l approve all --sts jccr-nted for by Respondents which are
orr2-t with =uup jrapr -(I) (Approved Consent Order Costs)
per z^cr approval ~A ^are-_3 to reduc-3 the amount of response costs
wnich it will seek to recover from Respondents pursuant to CERCLA or
otherwise in connection with the Site according to the following
formula said response costs shall be reduced by the Approved
Consent Order costs incurred in performing the work activities
associated with the Anchor Tank materials and by the amount resulting
from multiplying the Approved Consent Order Costs other than those
associated with Anchor Tank Materials times the quantity one minus
the result of dividing the aggregate volume of the Respondents waste
by the total volume of waste sent to the Site The volumes for these
-23shy
calculations shall be taken from the Volumetric Sank List attached as
Appendix 3 to the Administrative Order by Consent Docket No
at the time of publication in the Federal Register
C In the event that any Respondent otherwise receives
credit for Approved Consent Order Costs through settlement or
litigation the credit amount calculated under subparagraph (b) for
all Respc-dents shall be reduced by the amount of the credit received
through these other channels Moreover this paragraph shall in no
way limit or affect EFAs right to seek joint and several liability
against Respondents in any court action for all damages arc ether
costs incurred or to be incurred by EPA at the Cannons Engineering
Corporation Site This reduction in EPAs response costs with
respect - the Site -rail affect only recovery of response costs from
-r-e rc-cp-T-i--nts arc r l iv -o way affect the right cf EPA to seek
cint and -everai l i a b i l i t y JPC recovery of all resporse costs from
potentially respcrciLlo parties other than Respondents
42 PAs Re-laquobullbullbullbullbullbull-bull -- -f Richts EPA expressly reserves all
tre right- and defevcvs tra- it may have including EPAs right to
disapprove of work prforrcd by Respondents and to request that
Respondents perform tasks in addition to those detailed in this
Consent Order In addition EPA reserves the right to undertake
removal andor remedial actions at any time and to perform any and
all portions of the Work Activities which Respondents have failed to
perform properly provided however that EPA agrees to use its best
efforts to avoid duplication of Respondents activitiesunder this
Order Except as otherwise limited by paragraphs 31 and 32 EPA
reserves any and all rights to take any enforcement action pursuant
-24shy
to CERCLA as amended by SARA andor any available legal authority
This Consent Orde- does not constitute any decision on the
preauthorization of funds under Section lll(a)(2) of CERCLA as
amended by SARA
43 Respondents Reservation of Rights The participation by
Respondents in entering into and carrying out the terms of this
Consent Order shall rct be considered an admission of liability for
any purpose Nor shall such actions or participation by Respondents
constitute a commitrort or agreement either express or ixpiied to
undertake further activities at the Site other than these necessary
to perferr the Remcvcl Activities in accordance with the Work Plan
and rris Ccnsent Order or to undertake any remedial actions at the
Site r-ctwi thstandir -ry finding conclusions or reccn-Terdat ions
-ace - crrecticn ~-- performance of the Work Plan Except as
exprezly ret fortr - trie Consent Order Respondents reserve all
rcr= -rey r-_ have- -o opprre or defend against any action or claim
o r c ~ r t j
bull ther Clbull mdash Nothirg in tris Consent Order snail
constitute or be ccrstrucd as a release or a covenant not to sue
regarding any claim cause of action or demand in law or equity
against any person firm trust joint venture partnership
corporation or other entity not a signatory to this Consent Order for
any liability it may have arising out of or relating in any way to
the generation storage treatment handling transportation
release or disposal of any hazardous substances hazardous wastes
pollutants or contaminants found at taken to or taken from the
Site EPA shall not be liable for any injuries or damages to persons
-25shy
or property resulting from actions or omissions of Respondents in
carryinc out the activities pursuant to this Consent Order nor shall
EPA be held as a party to or in any other way liable under any
contract entered into by Respondents or by the Response Action
Contractor in carrying out the activities pursuant to this Consent
Order Except as otherwise herein set forth or agreed this Consent
Order shall not estop or limit any legal or equitable claims of the
United States against Respondents their agents contractors or
assigns including but not limited to claims related to releases of
hazardous substances gtr other pollutants or contaminants
45 Other laws All actions required to be taken pursuant to
-his Consent Order snail be undertaken in accordance with the
recjirererts of all appi icabl-e state and federal laws and regulashy
ticrs rcl-cirg laws rolatira to occupational safety and health and
ctrer federal envi r rctul laws as defined in current EPA policy
Otfer agencies nclJc -he Occupational Safety and Health
-crir 12 ration lOSi- -rd bull e fish and Wildlife Service (FiWS) may
oe called jpon to rev-- rc ccndjct of work under this Consent
Order In the event ihat there is a conflict in the application of
federal or state laws cr regulations the more stringent of the
conflicting provisions shall apply
46 Notice to the State Pursuant to the requirements of
Section 121(f) and 104(b)(2) of CERCLA as amended by SARA EPA has
notified the Commonwealth of Massachusetts of the scope of the
Response Action the negotiations with the potentially responsible
parties and of the issuance of this Consent Order
-26shy
47 Notice to the Federal Natural Resource Trustee Pursuant
to Sections 122(j) of SARA EPA has notified the Federal Natural
Resource Trustee of the scope of the Response Action the negotiation
with the potentially responsible parties and of the issuance of this
Consent Order
48 Separate Documents This Consent Order may be executed in
two or more counterparts each of which shall be deemed an original
but all of which together shall constitute one and the same
instrument
49 Effective Dare This Consent Order shall be effective upon
the date cf Respondents1 receipt of notice of signature by the
Seccrai Administrate- All times for performance of activities
jrcer -5 Consent Crder shall be calculated from that date
IT S SO AJPEID AND 3IRID iV
bullcr-e P leiarc Date
-27shy
IT IS SO AGREED
Name of Respondent ACUSHNET COMPANY
By Dale M Shenk Vice President and Controller
Title
January T 8 8 Date
-28shy
IT IS SO AGREED AMERICAN C^AMID COMPANY
Name of Respondent
By A JsJ Costello
Executive Vice President Title
bulljruary 1D3S Date
-28shy
IT IS SO AGREES
AMERICAN NATIONAL CAN CORPORATION Name cf Respondent
By S1U4uJ [ampJUULL~-~AT LAW
JAMES BALLS bull_
Title
JAMASY 7Date
198B
laquo By his signature hereon Janes Seller certifies that he has authority to bind Respondent to the terms of this agreement
-28shy
IT IS SO AGREED
ATampT Technologies Inc Name of Respondent
By ATampT-Engineering Vice President
Title
Date
-28shy
0 A
IT IS SO A G R E E D
Name of Respondent
By John L Fox
General Manager Title
January 6 T968 Date
-28shy
IT IS SO AGREED
Name of R e s p o n d e n t ^-
CHAMBERLAIN MANUFACTURING CORPORATION
By
General Co Title
Jaruar- D a t e
1988
-28shy
IT IS 60 AGREED
Name of Respondent ^ t~poundr llS^eL
Byj Richard Barth
Preeident fc Chief Executive Officer Title
CIBA-GEIGY corporation January 6 1988
Date
-28shy
IT IS SO AGREED
Name of Respondent Earthline Company fsCA
By
Authorized Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent FAIRCHILD SEMICONDUCTOR CORPORATION
By C R Bostic
Its Representative Title
January 4 1986 Date
-28shy
IT IS SO AGREED
Name of Respondent Franklin Pumping Service Inc
By
J I J (President)
1788 Date
-28shy
IT IS SO AGREED
Name of Respondent General Dynamics Corporation
By
Daniel S Hapke Assistant General Counsel T i t l e
4 January 1988 Date
-28shy
IT 18 SO AGREED i
of Ropondtnt
By
-28shy
In the Matter of Cannons Engineering Corporation Administrative Order by Consent
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
Hoechst Celane^e Corporation
Heinz X HofmeistermdashVice President Title
-28shy
IT IS SO AGREED
Name of Respondent HoffaeM-La Bocht Inc
By EB Anderson Senior Viet Prttident
Title
-28shy
P3 ICIO UflWDGFT GO JMN 0 8
XT IS SO ACREEDi
of Respondent rrt
bullyi
Jlflua r v 7 shym
IT IS SO AGREED
Name of Respondent Interex^Corporation
By
Authorized Axteht Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent
By
January 13 1988 Date
Millipore CorporationWaters Associates
Senior Vice President Title
-28shy
Cannons Engineering Corporation Administrative Order by Consent Bridgewater Removal Action
IT IS SO AGREED
Name of Respondent MONSANTO COMPANY iIs
Ishy t- r S S rr- -w ~
By
ff Title
Dote
-28shy
E00 3pound
IT IS SO AGREED
Name of Respondent
By
-IVCL
pound1
Title
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
POLAROID CORPORATION
VICE PRESIDENT AND SECRETARY Title
-28shy
IT IS SO AGREED
Name of Respondent Re eyeling Industries Inc
By
Authorized Agent title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent TECH- gTCM
By
Title
Date
-28shy
ATTACHMENT A
BRIDGEWATER CANNONS ENGINEERING CORPORATION SITE CONSENT ORDER WORK PLAN
I Introduction and Purpose
The purpose of this Consent Order Work Plan is to identify
response actions to be taKen by Respondents of the Site pursuant to
the foregoing Consent Order
I1 Scooe of Work
1 The following are the removal activities required by the
Consent Order
a Renov3- cf XTas-cs The following waste materials shall
oe roTcvo^ frcn the jte poundrd properly disposed of in accordance with
ail applj^oie erv r crrort1 laws and regulations
apprcxirrateiy 400 five-gallon pails containing
waste -atoral from inside the Equipment Building
This -aterial was previously located irsice the box
trailers
approximately 400 less than five-gallon pails which
have had the contents removed into two 55-gallon
drums
approximately one drum full and one drum 34 full
which were generated from the emptying of the above
mentioned less than five-gallon containers
-29shy
approximately 350 containers of laboratory reagents
which were abandoned in the laboratory inside the
Equipment Building
a container approximately one pint in volume
containing an unknown liquid which is considered to
be shock sensitive and will be treated as such
one five-gallon pail of bulked laboratory samples
one three-gallon pail of bulked laboratory samples
approximately 1000 gallons of aqueous waste
material contained in above-ground storage
containers which include less than 10 partially
filled druTs one dumpster and one tank trailer
appr- xiTately 25000 gallons of aqueous waste
material crrtained in the underground tanks
app r bull IT -ic-ly 500 gallons of waste oil determined
to contain a CB content of less than 2 parts per
appr c bull irrately two 55 gallon drums of materials
scraped from trailer bottoms
approximately two 55 gallon drums of contaminated
sorbent material from the equipment building floor
contaminated soil from opening area not to exceed
20 cubic yards
one 55 gallon drum approximately three-quarters
full of contaminated lab water from on-site
laboratory used during initial EPA removal
activities and
-30shy
approximately seventy-five 30 gallon garbage bags
containing contaminated protective clothing and
sampling implements
b Transportation of Wastes All of the above-described
wastes will be transported in accordance with all applicaole laws and
regulations including but not limited to all Department of
Transportation (DOT) regulations Additionally all containers
shipped off site and all vehicles carrying these containers will be
properly and completely labeled and placarded in accordance with all
applicable laws and regulations
c Disposal cf Wastes The Respondents shall make all
arrangerents necessary 10 accomplish the proper disposal of all of
the ebcve-cescribed wastes This shall include making available
disprsol perscrrel frr- -e selected disposal facility as needed to
ass-re hat the pack- J-TC snipping methods used meet the disposal
f a c i l i t y specifications f~r acceptance of wastes For elt ch waste
r-aterial ~z oe rencve-j ircr tre site the Respondents shall indicate
befcrc the waste is rerrcved frcrr the site the method of disposal the
name(s) of the facilityiies) to be utilized the compliance status of
the facility(ies) to be utilized the name(s) of transporter(s) to be
utilized the method of transport for each waste and the packaging
to be utilized
d Record of Disposal The Respondents shall provide EPA
with all paperwork documenting the location of all wastes that leave
the site This shall include all temporary storage facilities that
may be utilized before the waste reaches its final destination for
disposal All wastes removed from the site will be pursuant to an
-31shy
appropriate Hazardous Waste Manifest EPAs On-Scene Coordinator
will sign each manifest relating to the Anchor Tank material so as to
indicate that EPA is the generator of the Anchor Tank material being
removed from the site For all wastes that leave the site the
Respondents will supply information to include but not be limited
to the date of arrival and departure of each waste to or from each
facility a list of all wastes in question and the signature of the
company representative who accepted the wastes in question
Additionally for any waste that is incinerated or otherwise
destroyed the Respondents shall provide certification by a company
official of the facility destroying the waste that the waste was
ndeed destroyed ard by what nethod it was destroyed
e Site Postcraticn Before final demobilization the
^espcrv-- 3 shall restore the site to an acceptable degree This
-bullill ircl-de assur-rce tl-at no trash or waste materials or equipment
associated with any rf the removal activities is left on site Any
~aterjl including soil which has not been contaminated by site
rperatiors shall be returned to its original location
2 The following activities shall also be performed by
Respondents to fulfill the objectives of the Response Action
a Work Plan The Respondents shall prepare a Work Plan
consisting of all activities and subtasks The Work Plan shall
identify all deliverables to be produced during the Work Activities
including timetables for performance of the Work Activities and
production of the deliverables The Work Plan shall identify each
previously identified waste material to be removed from the site and
the Quality Assurance and Quality Control to be used during Work
-32shy
Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
-33shy
b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
-34shy
subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
-35shy
33 Waiver of Settlement Conference In consideration of the
conununi cat ions between EPA and Respondents prior to the issuance of
this Consent Order concerning its terms Respondents hereby agree
that there is no need for a settlement conference prior to the
effective date of the Consent Order
34 Civil Penalties for Non-Compliance Respondents are
advised that except as provided by paragraph 32 of this Order if
Respondents violate or fail or refuse to comply with this Consent
Order or any portion tf-oreof EPA reserves its rights pursuant to
Sections 106(b)(l) and 107(c)(3) of CERCLA as amended with respect
to the imposition of civil penalties and punitive damages
35 Confidentiality Clairs Respondents may assert a
confidentiality clair if appropriate covering all or part of the
nf crrat en request- J LY bull_- is Consent Order pursuant to 40 CFR
2203(L) Such an ace-er en shall be adequately substantiated when
bullhe deserticn is rrj-co eitr9r analytical data nor any information
poundccfc-j in Sectin 1 - lt- ) bull 7 ) ( F cf CERCLA as amended by SARA
snail oe claimed is c- ideniial by Respondent Information
determined to be confidential by EPA shall be afforded the protection
specified by 40 CFR Part 2 Subpart B and in Section 104(e)(7) of
CERCLA as amended by SARA If no such claim accompanies the
information when it is submitted to EPA it may be made available to
the public by EPA without further notice to Respondents
36 Liability of Respondents Response Action Contractor The
Response Action Contractor in connection with the activities set
forth in Attachment A hereto shall not be liable under -CERCLA or
under any other federal law to the United States Government for costs
-20shy
or damages which result from a release or threatened release of
hazardous substances or pollutants or contaminants provided that such
releases rr threatened release was not caused by conduct of the
Response Action Contractor which was negligent grossly negligent or
which constituted intentional misconduct Said Response Action
Contractor shall have the burden of demonstrating that such conduct
was not negligent grossly negligent or did not constitute
intentional misconduct Nothing in this paragraph shall affect the
liaoiiity of any person under any warranty under federal state or
corruTon law
37 Incernnif icat icn Respondents agree to indemnify and save
arc hole rarriess the Jrtec States Government its agencies
jep bull--bullbullbull z agens ffcerrgt employees and representatives from
jry -c ciairs r --bullbull_ f action arising from or cr account of
acts r -lesions z gtcc----z their officers employees agents
-bullco vo - bull r-jsteei i2s--_ r contractors in carrying cut the
-ct bullbullbull- L^rsuant bull bull rs -rpoundent Order
38 eccvery bull Cs ~ EPA reserves the right to bri-c an
action acairst Respcrcert pursuant to Section 107 of CERC1A for
recovery of costs incurred in oversight consistent with paragraph 17
herein administration and enforcement of this Consent Order and
any other past and future costs incurred by the United States
Government in connection with response activities conducted pursuant
to CERCLA at this Site
39 Certification of Respondents Performance of the Work
Activities Upon receipt by EPA of notice from Respondents that
they believe they have satisfied their obligations under the Work
-21shy
Plan and this Consent Order EPA shall determine if Respondents
have met all of their responsibilities under the Work Plan and
under the provisions cf this Consent Order Within twenty-one
(21) days after receipt of said notice EPA will either (a)
provide Respondents with a statement of all of their
responsibilities which EPA believes are still outstanding or (b)
certify to Respondents that their responsibilities under the Scope
or Work and under the provisions of this Consent Order have been
cotrpleteiy and successfully discharged and that the work performed
by Respondents pursuant to this Consent Order and the Scope cf
Aorlt is consistent with the NC
bull10 Covenant Sst to Sue and Contribution Protection In
ccroicerat cr of and pcr certification by EPA that Respondents have
ccTplc-toly Jird succ-r i^lly d5charged their responsibilities under
ti-e -or- Plan and j-J^r the provisions of this Consent Order as
provided -or in parr ph 33 herein EPA covenants not to s-e
Rerc rdct3 n any bdquobull v 1 cr viririst rat ive action for the performance
cf tre vcrK Plan bull v jec rcwcvcr such covenant not to sue does
not extend to any ether liabilities that may be associated with the
Site including but not limited to any other response actions that
have been or may be undertaken at the Site This covenant not to sue
becomes effective upon the issuance by EPA of the certification
provided in paragraph 39 Nothing in this paragraph shall preclude
EPA from enforcing the provisions of this Consent Order in any
judicial or administrative proceeding It is the intention and
understanding of the parties to this Consent Order that the
-22shy
protection from contribution claims as provided by Section 113(b)(2)
of CERC1A as amended applies to any claim with respect to
performance of the activities pursuant to the Work Plan
41 Credit for Expenditures made pursuant to this Order
A Upon certification that Respondents have discharged
their responsibilities pursuant to the Work Plan and under the
provisions of this Consent Order Respondents shall present EPA with
an accounting of (1) all costs incurred consistent with the NCP in
deveioprert of the Work Plan and in performance of the Work Plan and
the other activities required by this Consent Order those costs will
oe segregated into two categories costs specifically associated with
bullr-e Arcror Tank Materials and all other costs and (2) the amounts
paid by -acr Pespcrdc-rr n connection therewith EPA agrees that
bullaiJ gtbull_bullbull rall no rjt i bull--bull a penalty paid by the Respondents
3 With bull-bull_bull (20) cays of receipt of such accounting
~A w i l l approve all --sts jccr-nted for by Respondents which are
orr2-t with =uup jrapr -(I) (Approved Consent Order Costs)
per z^cr approval ~A ^are-_3 to reduc-3 the amount of response costs
wnich it will seek to recover from Respondents pursuant to CERCLA or
otherwise in connection with the Site according to the following
formula said response costs shall be reduced by the Approved
Consent Order costs incurred in performing the work activities
associated with the Anchor Tank materials and by the amount resulting
from multiplying the Approved Consent Order Costs other than those
associated with Anchor Tank Materials times the quantity one minus
the result of dividing the aggregate volume of the Respondents waste
by the total volume of waste sent to the Site The volumes for these
-23shy
calculations shall be taken from the Volumetric Sank List attached as
Appendix 3 to the Administrative Order by Consent Docket No
at the time of publication in the Federal Register
C In the event that any Respondent otherwise receives
credit for Approved Consent Order Costs through settlement or
litigation the credit amount calculated under subparagraph (b) for
all Respc-dents shall be reduced by the amount of the credit received
through these other channels Moreover this paragraph shall in no
way limit or affect EFAs right to seek joint and several liability
against Respondents in any court action for all damages arc ether
costs incurred or to be incurred by EPA at the Cannons Engineering
Corporation Site This reduction in EPAs response costs with
respect - the Site -rail affect only recovery of response costs from
-r-e rc-cp-T-i--nts arc r l iv -o way affect the right cf EPA to seek
cint and -everai l i a b i l i t y JPC recovery of all resporse costs from
potentially respcrciLlo parties other than Respondents
42 PAs Re-laquobullbullbullbullbullbull-bull -- -f Richts EPA expressly reserves all
tre right- and defevcvs tra- it may have including EPAs right to
disapprove of work prforrcd by Respondents and to request that
Respondents perform tasks in addition to those detailed in this
Consent Order In addition EPA reserves the right to undertake
removal andor remedial actions at any time and to perform any and
all portions of the Work Activities which Respondents have failed to
perform properly provided however that EPA agrees to use its best
efforts to avoid duplication of Respondents activitiesunder this
Order Except as otherwise limited by paragraphs 31 and 32 EPA
reserves any and all rights to take any enforcement action pursuant
-24shy
to CERCLA as amended by SARA andor any available legal authority
This Consent Orde- does not constitute any decision on the
preauthorization of funds under Section lll(a)(2) of CERCLA as
amended by SARA
43 Respondents Reservation of Rights The participation by
Respondents in entering into and carrying out the terms of this
Consent Order shall rct be considered an admission of liability for
any purpose Nor shall such actions or participation by Respondents
constitute a commitrort or agreement either express or ixpiied to
undertake further activities at the Site other than these necessary
to perferr the Remcvcl Activities in accordance with the Work Plan
and rris Ccnsent Order or to undertake any remedial actions at the
Site r-ctwi thstandir -ry finding conclusions or reccn-Terdat ions
-ace - crrecticn ~-- performance of the Work Plan Except as
exprezly ret fortr - trie Consent Order Respondents reserve all
rcr= -rey r-_ have- -o opprre or defend against any action or claim
o r c ~ r t j
bull ther Clbull mdash Nothirg in tris Consent Order snail
constitute or be ccrstrucd as a release or a covenant not to sue
regarding any claim cause of action or demand in law or equity
against any person firm trust joint venture partnership
corporation or other entity not a signatory to this Consent Order for
any liability it may have arising out of or relating in any way to
the generation storage treatment handling transportation
release or disposal of any hazardous substances hazardous wastes
pollutants or contaminants found at taken to or taken from the
Site EPA shall not be liable for any injuries or damages to persons
-25shy
or property resulting from actions or omissions of Respondents in
carryinc out the activities pursuant to this Consent Order nor shall
EPA be held as a party to or in any other way liable under any
contract entered into by Respondents or by the Response Action
Contractor in carrying out the activities pursuant to this Consent
Order Except as otherwise herein set forth or agreed this Consent
Order shall not estop or limit any legal or equitable claims of the
United States against Respondents their agents contractors or
assigns including but not limited to claims related to releases of
hazardous substances gtr other pollutants or contaminants
45 Other laws All actions required to be taken pursuant to
-his Consent Order snail be undertaken in accordance with the
recjirererts of all appi icabl-e state and federal laws and regulashy
ticrs rcl-cirg laws rolatira to occupational safety and health and
ctrer federal envi r rctul laws as defined in current EPA policy
Otfer agencies nclJc -he Occupational Safety and Health
-crir 12 ration lOSi- -rd bull e fish and Wildlife Service (FiWS) may
oe called jpon to rev-- rc ccndjct of work under this Consent
Order In the event ihat there is a conflict in the application of
federal or state laws cr regulations the more stringent of the
conflicting provisions shall apply
46 Notice to the State Pursuant to the requirements of
Section 121(f) and 104(b)(2) of CERCLA as amended by SARA EPA has
notified the Commonwealth of Massachusetts of the scope of the
Response Action the negotiations with the potentially responsible
parties and of the issuance of this Consent Order
-26shy
47 Notice to the Federal Natural Resource Trustee Pursuant
to Sections 122(j) of SARA EPA has notified the Federal Natural
Resource Trustee of the scope of the Response Action the negotiation
with the potentially responsible parties and of the issuance of this
Consent Order
48 Separate Documents This Consent Order may be executed in
two or more counterparts each of which shall be deemed an original
but all of which together shall constitute one and the same
instrument
49 Effective Dare This Consent Order shall be effective upon
the date cf Respondents1 receipt of notice of signature by the
Seccrai Administrate- All times for performance of activities
jrcer -5 Consent Crder shall be calculated from that date
IT S SO AJPEID AND 3IRID iV
bullcr-e P leiarc Date
-27shy
IT IS SO AGREED
Name of Respondent ACUSHNET COMPANY
By Dale M Shenk Vice President and Controller
Title
January T 8 8 Date
-28shy
IT IS SO AGREED AMERICAN C^AMID COMPANY
Name of Respondent
By A JsJ Costello
Executive Vice President Title
bulljruary 1D3S Date
-28shy
IT IS SO AGREES
AMERICAN NATIONAL CAN CORPORATION Name cf Respondent
By S1U4uJ [ampJUULL~-~AT LAW
JAMES BALLS bull_
Title
JAMASY 7Date
198B
laquo By his signature hereon Janes Seller certifies that he has authority to bind Respondent to the terms of this agreement
-28shy
IT IS SO AGREED
ATampT Technologies Inc Name of Respondent
By ATampT-Engineering Vice President
Title
Date
-28shy
0 A
IT IS SO A G R E E D
Name of Respondent
By John L Fox
General Manager Title
January 6 T968 Date
-28shy
IT IS SO AGREED
Name of R e s p o n d e n t ^-
CHAMBERLAIN MANUFACTURING CORPORATION
By
General Co Title
Jaruar- D a t e
1988
-28shy
IT IS 60 AGREED
Name of Respondent ^ t~poundr llS^eL
Byj Richard Barth
Preeident fc Chief Executive Officer Title
CIBA-GEIGY corporation January 6 1988
Date
-28shy
IT IS SO AGREED
Name of Respondent Earthline Company fsCA
By
Authorized Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent FAIRCHILD SEMICONDUCTOR CORPORATION
By C R Bostic
Its Representative Title
January 4 1986 Date
-28shy
IT IS SO AGREED
Name of Respondent Franklin Pumping Service Inc
By
J I J (President)
1788 Date
-28shy
IT IS SO AGREED
Name of Respondent General Dynamics Corporation
By
Daniel S Hapke Assistant General Counsel T i t l e
4 January 1988 Date
-28shy
IT 18 SO AGREED i
of Ropondtnt
By
-28shy
In the Matter of Cannons Engineering Corporation Administrative Order by Consent
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
Hoechst Celane^e Corporation
Heinz X HofmeistermdashVice President Title
-28shy
IT IS SO AGREED
Name of Respondent HoffaeM-La Bocht Inc
By EB Anderson Senior Viet Prttident
Title
-28shy
P3 ICIO UflWDGFT GO JMN 0 8
XT IS SO ACREEDi
of Respondent rrt
bullyi
Jlflua r v 7 shym
IT IS SO AGREED
Name of Respondent Interex^Corporation
By
Authorized Axteht Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent
By
January 13 1988 Date
Millipore CorporationWaters Associates
Senior Vice President Title
-28shy
Cannons Engineering Corporation Administrative Order by Consent Bridgewater Removal Action
IT IS SO AGREED
Name of Respondent MONSANTO COMPANY iIs
Ishy t- r S S rr- -w ~
By
ff Title
Dote
-28shy
E00 3pound
IT IS SO AGREED
Name of Respondent
By
-IVCL
pound1
Title
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
POLAROID CORPORATION
VICE PRESIDENT AND SECRETARY Title
-28shy
IT IS SO AGREED
Name of Respondent Re eyeling Industries Inc
By
Authorized Agent title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent TECH- gTCM
By
Title
Date
-28shy
ATTACHMENT A
BRIDGEWATER CANNONS ENGINEERING CORPORATION SITE CONSENT ORDER WORK PLAN
I Introduction and Purpose
The purpose of this Consent Order Work Plan is to identify
response actions to be taKen by Respondents of the Site pursuant to
the foregoing Consent Order
I1 Scooe of Work
1 The following are the removal activities required by the
Consent Order
a Renov3- cf XTas-cs The following waste materials shall
oe roTcvo^ frcn the jte poundrd properly disposed of in accordance with
ail applj^oie erv r crrort1 laws and regulations
apprcxirrateiy 400 five-gallon pails containing
waste -atoral from inside the Equipment Building
This -aterial was previously located irsice the box
trailers
approximately 400 less than five-gallon pails which
have had the contents removed into two 55-gallon
drums
approximately one drum full and one drum 34 full
which were generated from the emptying of the above
mentioned less than five-gallon containers
-29shy
approximately 350 containers of laboratory reagents
which were abandoned in the laboratory inside the
Equipment Building
a container approximately one pint in volume
containing an unknown liquid which is considered to
be shock sensitive and will be treated as such
one five-gallon pail of bulked laboratory samples
one three-gallon pail of bulked laboratory samples
approximately 1000 gallons of aqueous waste
material contained in above-ground storage
containers which include less than 10 partially
filled druTs one dumpster and one tank trailer
appr- xiTately 25000 gallons of aqueous waste
material crrtained in the underground tanks
app r bull IT -ic-ly 500 gallons of waste oil determined
to contain a CB content of less than 2 parts per
appr c bull irrately two 55 gallon drums of materials
scraped from trailer bottoms
approximately two 55 gallon drums of contaminated
sorbent material from the equipment building floor
contaminated soil from opening area not to exceed
20 cubic yards
one 55 gallon drum approximately three-quarters
full of contaminated lab water from on-site
laboratory used during initial EPA removal
activities and
-30shy
approximately seventy-five 30 gallon garbage bags
containing contaminated protective clothing and
sampling implements
b Transportation of Wastes All of the above-described
wastes will be transported in accordance with all applicaole laws and
regulations including but not limited to all Department of
Transportation (DOT) regulations Additionally all containers
shipped off site and all vehicles carrying these containers will be
properly and completely labeled and placarded in accordance with all
applicable laws and regulations
c Disposal cf Wastes The Respondents shall make all
arrangerents necessary 10 accomplish the proper disposal of all of
the ebcve-cescribed wastes This shall include making available
disprsol perscrrel frr- -e selected disposal facility as needed to
ass-re hat the pack- J-TC snipping methods used meet the disposal
f a c i l i t y specifications f~r acceptance of wastes For elt ch waste
r-aterial ~z oe rencve-j ircr tre site the Respondents shall indicate
befcrc the waste is rerrcved frcrr the site the method of disposal the
name(s) of the facilityiies) to be utilized the compliance status of
the facility(ies) to be utilized the name(s) of transporter(s) to be
utilized the method of transport for each waste and the packaging
to be utilized
d Record of Disposal The Respondents shall provide EPA
with all paperwork documenting the location of all wastes that leave
the site This shall include all temporary storage facilities that
may be utilized before the waste reaches its final destination for
disposal All wastes removed from the site will be pursuant to an
-31shy
appropriate Hazardous Waste Manifest EPAs On-Scene Coordinator
will sign each manifest relating to the Anchor Tank material so as to
indicate that EPA is the generator of the Anchor Tank material being
removed from the site For all wastes that leave the site the
Respondents will supply information to include but not be limited
to the date of arrival and departure of each waste to or from each
facility a list of all wastes in question and the signature of the
company representative who accepted the wastes in question
Additionally for any waste that is incinerated or otherwise
destroyed the Respondents shall provide certification by a company
official of the facility destroying the waste that the waste was
ndeed destroyed ard by what nethod it was destroyed
e Site Postcraticn Before final demobilization the
^espcrv-- 3 shall restore the site to an acceptable degree This
-bullill ircl-de assur-rce tl-at no trash or waste materials or equipment
associated with any rf the removal activities is left on site Any
~aterjl including soil which has not been contaminated by site
rperatiors shall be returned to its original location
2 The following activities shall also be performed by
Respondents to fulfill the objectives of the Response Action
a Work Plan The Respondents shall prepare a Work Plan
consisting of all activities and subtasks The Work Plan shall
identify all deliverables to be produced during the Work Activities
including timetables for performance of the Work Activities and
production of the deliverables The Work Plan shall identify each
previously identified waste material to be removed from the site and
the Quality Assurance and Quality Control to be used during Work
-32shy
Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
-33shy
b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
-34shy
subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
-35shy
or damages which result from a release or threatened release of
hazardous substances or pollutants or contaminants provided that such
releases rr threatened release was not caused by conduct of the
Response Action Contractor which was negligent grossly negligent or
which constituted intentional misconduct Said Response Action
Contractor shall have the burden of demonstrating that such conduct
was not negligent grossly negligent or did not constitute
intentional misconduct Nothing in this paragraph shall affect the
liaoiiity of any person under any warranty under federal state or
corruTon law
37 Incernnif icat icn Respondents agree to indemnify and save
arc hole rarriess the Jrtec States Government its agencies
jep bull--bullbullbull z agens ffcerrgt employees and representatives from
jry -c ciairs r --bullbull_ f action arising from or cr account of
acts r -lesions z gtcc----z their officers employees agents
-bullco vo - bull r-jsteei i2s--_ r contractors in carrying cut the
-ct bullbullbull- L^rsuant bull bull rs -rpoundent Order
38 eccvery bull Cs ~ EPA reserves the right to bri-c an
action acairst Respcrcert pursuant to Section 107 of CERC1A for
recovery of costs incurred in oversight consistent with paragraph 17
herein administration and enforcement of this Consent Order and
any other past and future costs incurred by the United States
Government in connection with response activities conducted pursuant
to CERCLA at this Site
39 Certification of Respondents Performance of the Work
Activities Upon receipt by EPA of notice from Respondents that
they believe they have satisfied their obligations under the Work
-21shy
Plan and this Consent Order EPA shall determine if Respondents
have met all of their responsibilities under the Work Plan and
under the provisions cf this Consent Order Within twenty-one
(21) days after receipt of said notice EPA will either (a)
provide Respondents with a statement of all of their
responsibilities which EPA believes are still outstanding or (b)
certify to Respondents that their responsibilities under the Scope
or Work and under the provisions of this Consent Order have been
cotrpleteiy and successfully discharged and that the work performed
by Respondents pursuant to this Consent Order and the Scope cf
Aorlt is consistent with the NC
bull10 Covenant Sst to Sue and Contribution Protection In
ccroicerat cr of and pcr certification by EPA that Respondents have
ccTplc-toly Jird succ-r i^lly d5charged their responsibilities under
ti-e -or- Plan and j-J^r the provisions of this Consent Order as
provided -or in parr ph 33 herein EPA covenants not to s-e
Rerc rdct3 n any bdquobull v 1 cr viririst rat ive action for the performance
cf tre vcrK Plan bull v jec rcwcvcr such covenant not to sue does
not extend to any ether liabilities that may be associated with the
Site including but not limited to any other response actions that
have been or may be undertaken at the Site This covenant not to sue
becomes effective upon the issuance by EPA of the certification
provided in paragraph 39 Nothing in this paragraph shall preclude
EPA from enforcing the provisions of this Consent Order in any
judicial or administrative proceeding It is the intention and
understanding of the parties to this Consent Order that the
-22shy
protection from contribution claims as provided by Section 113(b)(2)
of CERC1A as amended applies to any claim with respect to
performance of the activities pursuant to the Work Plan
41 Credit for Expenditures made pursuant to this Order
A Upon certification that Respondents have discharged
their responsibilities pursuant to the Work Plan and under the
provisions of this Consent Order Respondents shall present EPA with
an accounting of (1) all costs incurred consistent with the NCP in
deveioprert of the Work Plan and in performance of the Work Plan and
the other activities required by this Consent Order those costs will
oe segregated into two categories costs specifically associated with
bullr-e Arcror Tank Materials and all other costs and (2) the amounts
paid by -acr Pespcrdc-rr n connection therewith EPA agrees that
bullaiJ gtbull_bullbull rall no rjt i bull--bull a penalty paid by the Respondents
3 With bull-bull_bull (20) cays of receipt of such accounting
~A w i l l approve all --sts jccr-nted for by Respondents which are
orr2-t with =uup jrapr -(I) (Approved Consent Order Costs)
per z^cr approval ~A ^are-_3 to reduc-3 the amount of response costs
wnich it will seek to recover from Respondents pursuant to CERCLA or
otherwise in connection with the Site according to the following
formula said response costs shall be reduced by the Approved
Consent Order costs incurred in performing the work activities
associated with the Anchor Tank materials and by the amount resulting
from multiplying the Approved Consent Order Costs other than those
associated with Anchor Tank Materials times the quantity one minus
the result of dividing the aggregate volume of the Respondents waste
by the total volume of waste sent to the Site The volumes for these
-23shy
calculations shall be taken from the Volumetric Sank List attached as
Appendix 3 to the Administrative Order by Consent Docket No
at the time of publication in the Federal Register
C In the event that any Respondent otherwise receives
credit for Approved Consent Order Costs through settlement or
litigation the credit amount calculated under subparagraph (b) for
all Respc-dents shall be reduced by the amount of the credit received
through these other channels Moreover this paragraph shall in no
way limit or affect EFAs right to seek joint and several liability
against Respondents in any court action for all damages arc ether
costs incurred or to be incurred by EPA at the Cannons Engineering
Corporation Site This reduction in EPAs response costs with
respect - the Site -rail affect only recovery of response costs from
-r-e rc-cp-T-i--nts arc r l iv -o way affect the right cf EPA to seek
cint and -everai l i a b i l i t y JPC recovery of all resporse costs from
potentially respcrciLlo parties other than Respondents
42 PAs Re-laquobullbullbullbullbullbull-bull -- -f Richts EPA expressly reserves all
tre right- and defevcvs tra- it may have including EPAs right to
disapprove of work prforrcd by Respondents and to request that
Respondents perform tasks in addition to those detailed in this
Consent Order In addition EPA reserves the right to undertake
removal andor remedial actions at any time and to perform any and
all portions of the Work Activities which Respondents have failed to
perform properly provided however that EPA agrees to use its best
efforts to avoid duplication of Respondents activitiesunder this
Order Except as otherwise limited by paragraphs 31 and 32 EPA
reserves any and all rights to take any enforcement action pursuant
-24shy
to CERCLA as amended by SARA andor any available legal authority
This Consent Orde- does not constitute any decision on the
preauthorization of funds under Section lll(a)(2) of CERCLA as
amended by SARA
43 Respondents Reservation of Rights The participation by
Respondents in entering into and carrying out the terms of this
Consent Order shall rct be considered an admission of liability for
any purpose Nor shall such actions or participation by Respondents
constitute a commitrort or agreement either express or ixpiied to
undertake further activities at the Site other than these necessary
to perferr the Remcvcl Activities in accordance with the Work Plan
and rris Ccnsent Order or to undertake any remedial actions at the
Site r-ctwi thstandir -ry finding conclusions or reccn-Terdat ions
-ace - crrecticn ~-- performance of the Work Plan Except as
exprezly ret fortr - trie Consent Order Respondents reserve all
rcr= -rey r-_ have- -o opprre or defend against any action or claim
o r c ~ r t j
bull ther Clbull mdash Nothirg in tris Consent Order snail
constitute or be ccrstrucd as a release or a covenant not to sue
regarding any claim cause of action or demand in law or equity
against any person firm trust joint venture partnership
corporation or other entity not a signatory to this Consent Order for
any liability it may have arising out of or relating in any way to
the generation storage treatment handling transportation
release or disposal of any hazardous substances hazardous wastes
pollutants or contaminants found at taken to or taken from the
Site EPA shall not be liable for any injuries or damages to persons
-25shy
or property resulting from actions or omissions of Respondents in
carryinc out the activities pursuant to this Consent Order nor shall
EPA be held as a party to or in any other way liable under any
contract entered into by Respondents or by the Response Action
Contractor in carrying out the activities pursuant to this Consent
Order Except as otherwise herein set forth or agreed this Consent
Order shall not estop or limit any legal or equitable claims of the
United States against Respondents their agents contractors or
assigns including but not limited to claims related to releases of
hazardous substances gtr other pollutants or contaminants
45 Other laws All actions required to be taken pursuant to
-his Consent Order snail be undertaken in accordance with the
recjirererts of all appi icabl-e state and federal laws and regulashy
ticrs rcl-cirg laws rolatira to occupational safety and health and
ctrer federal envi r rctul laws as defined in current EPA policy
Otfer agencies nclJc -he Occupational Safety and Health
-crir 12 ration lOSi- -rd bull e fish and Wildlife Service (FiWS) may
oe called jpon to rev-- rc ccndjct of work under this Consent
Order In the event ihat there is a conflict in the application of
federal or state laws cr regulations the more stringent of the
conflicting provisions shall apply
46 Notice to the State Pursuant to the requirements of
Section 121(f) and 104(b)(2) of CERCLA as amended by SARA EPA has
notified the Commonwealth of Massachusetts of the scope of the
Response Action the negotiations with the potentially responsible
parties and of the issuance of this Consent Order
-26shy
47 Notice to the Federal Natural Resource Trustee Pursuant
to Sections 122(j) of SARA EPA has notified the Federal Natural
Resource Trustee of the scope of the Response Action the negotiation
with the potentially responsible parties and of the issuance of this
Consent Order
48 Separate Documents This Consent Order may be executed in
two or more counterparts each of which shall be deemed an original
but all of which together shall constitute one and the same
instrument
49 Effective Dare This Consent Order shall be effective upon
the date cf Respondents1 receipt of notice of signature by the
Seccrai Administrate- All times for performance of activities
jrcer -5 Consent Crder shall be calculated from that date
IT S SO AJPEID AND 3IRID iV
bullcr-e P leiarc Date
-27shy
IT IS SO AGREED
Name of Respondent ACUSHNET COMPANY
By Dale M Shenk Vice President and Controller
Title
January T 8 8 Date
-28shy
IT IS SO AGREED AMERICAN C^AMID COMPANY
Name of Respondent
By A JsJ Costello
Executive Vice President Title
bulljruary 1D3S Date
-28shy
IT IS SO AGREES
AMERICAN NATIONAL CAN CORPORATION Name cf Respondent
By S1U4uJ [ampJUULL~-~AT LAW
JAMES BALLS bull_
Title
JAMASY 7Date
198B
laquo By his signature hereon Janes Seller certifies that he has authority to bind Respondent to the terms of this agreement
-28shy
IT IS SO AGREED
ATampT Technologies Inc Name of Respondent
By ATampT-Engineering Vice President
Title
Date
-28shy
0 A
IT IS SO A G R E E D
Name of Respondent
By John L Fox
General Manager Title
January 6 T968 Date
-28shy
IT IS SO AGREED
Name of R e s p o n d e n t ^-
CHAMBERLAIN MANUFACTURING CORPORATION
By
General Co Title
Jaruar- D a t e
1988
-28shy
IT IS 60 AGREED
Name of Respondent ^ t~poundr llS^eL
Byj Richard Barth
Preeident fc Chief Executive Officer Title
CIBA-GEIGY corporation January 6 1988
Date
-28shy
IT IS SO AGREED
Name of Respondent Earthline Company fsCA
By
Authorized Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent FAIRCHILD SEMICONDUCTOR CORPORATION
By C R Bostic
Its Representative Title
January 4 1986 Date
-28shy
IT IS SO AGREED
Name of Respondent Franklin Pumping Service Inc
By
J I J (President)
1788 Date
-28shy
IT IS SO AGREED
Name of Respondent General Dynamics Corporation
By
Daniel S Hapke Assistant General Counsel T i t l e
4 January 1988 Date
-28shy
IT 18 SO AGREED i
of Ropondtnt
By
-28shy
In the Matter of Cannons Engineering Corporation Administrative Order by Consent
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
Hoechst Celane^e Corporation
Heinz X HofmeistermdashVice President Title
-28shy
IT IS SO AGREED
Name of Respondent HoffaeM-La Bocht Inc
By EB Anderson Senior Viet Prttident
Title
-28shy
P3 ICIO UflWDGFT GO JMN 0 8
XT IS SO ACREEDi
of Respondent rrt
bullyi
Jlflua r v 7 shym
IT IS SO AGREED
Name of Respondent Interex^Corporation
By
Authorized Axteht Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent
By
January 13 1988 Date
Millipore CorporationWaters Associates
Senior Vice President Title
-28shy
Cannons Engineering Corporation Administrative Order by Consent Bridgewater Removal Action
IT IS SO AGREED
Name of Respondent MONSANTO COMPANY iIs
Ishy t- r S S rr- -w ~
By
ff Title
Dote
-28shy
E00 3pound
IT IS SO AGREED
Name of Respondent
By
-IVCL
pound1
Title
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
POLAROID CORPORATION
VICE PRESIDENT AND SECRETARY Title
-28shy
IT IS SO AGREED
Name of Respondent Re eyeling Industries Inc
By
Authorized Agent title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent TECH- gTCM
By
Title
Date
-28shy
ATTACHMENT A
BRIDGEWATER CANNONS ENGINEERING CORPORATION SITE CONSENT ORDER WORK PLAN
I Introduction and Purpose
The purpose of this Consent Order Work Plan is to identify
response actions to be taKen by Respondents of the Site pursuant to
the foregoing Consent Order
I1 Scooe of Work
1 The following are the removal activities required by the
Consent Order
a Renov3- cf XTas-cs The following waste materials shall
oe roTcvo^ frcn the jte poundrd properly disposed of in accordance with
ail applj^oie erv r crrort1 laws and regulations
apprcxirrateiy 400 five-gallon pails containing
waste -atoral from inside the Equipment Building
This -aterial was previously located irsice the box
trailers
approximately 400 less than five-gallon pails which
have had the contents removed into two 55-gallon
drums
approximately one drum full and one drum 34 full
which were generated from the emptying of the above
mentioned less than five-gallon containers
-29shy
approximately 350 containers of laboratory reagents
which were abandoned in the laboratory inside the
Equipment Building
a container approximately one pint in volume
containing an unknown liquid which is considered to
be shock sensitive and will be treated as such
one five-gallon pail of bulked laboratory samples
one three-gallon pail of bulked laboratory samples
approximately 1000 gallons of aqueous waste
material contained in above-ground storage
containers which include less than 10 partially
filled druTs one dumpster and one tank trailer
appr- xiTately 25000 gallons of aqueous waste
material crrtained in the underground tanks
app r bull IT -ic-ly 500 gallons of waste oil determined
to contain a CB content of less than 2 parts per
appr c bull irrately two 55 gallon drums of materials
scraped from trailer bottoms
approximately two 55 gallon drums of contaminated
sorbent material from the equipment building floor
contaminated soil from opening area not to exceed
20 cubic yards
one 55 gallon drum approximately three-quarters
full of contaminated lab water from on-site
laboratory used during initial EPA removal
activities and
-30shy
approximately seventy-five 30 gallon garbage bags
containing contaminated protective clothing and
sampling implements
b Transportation of Wastes All of the above-described
wastes will be transported in accordance with all applicaole laws and
regulations including but not limited to all Department of
Transportation (DOT) regulations Additionally all containers
shipped off site and all vehicles carrying these containers will be
properly and completely labeled and placarded in accordance with all
applicable laws and regulations
c Disposal cf Wastes The Respondents shall make all
arrangerents necessary 10 accomplish the proper disposal of all of
the ebcve-cescribed wastes This shall include making available
disprsol perscrrel frr- -e selected disposal facility as needed to
ass-re hat the pack- J-TC snipping methods used meet the disposal
f a c i l i t y specifications f~r acceptance of wastes For elt ch waste
r-aterial ~z oe rencve-j ircr tre site the Respondents shall indicate
befcrc the waste is rerrcved frcrr the site the method of disposal the
name(s) of the facilityiies) to be utilized the compliance status of
the facility(ies) to be utilized the name(s) of transporter(s) to be
utilized the method of transport for each waste and the packaging
to be utilized
d Record of Disposal The Respondents shall provide EPA
with all paperwork documenting the location of all wastes that leave
the site This shall include all temporary storage facilities that
may be utilized before the waste reaches its final destination for
disposal All wastes removed from the site will be pursuant to an
-31shy
appropriate Hazardous Waste Manifest EPAs On-Scene Coordinator
will sign each manifest relating to the Anchor Tank material so as to
indicate that EPA is the generator of the Anchor Tank material being
removed from the site For all wastes that leave the site the
Respondents will supply information to include but not be limited
to the date of arrival and departure of each waste to or from each
facility a list of all wastes in question and the signature of the
company representative who accepted the wastes in question
Additionally for any waste that is incinerated or otherwise
destroyed the Respondents shall provide certification by a company
official of the facility destroying the waste that the waste was
ndeed destroyed ard by what nethod it was destroyed
e Site Postcraticn Before final demobilization the
^espcrv-- 3 shall restore the site to an acceptable degree This
-bullill ircl-de assur-rce tl-at no trash or waste materials or equipment
associated with any rf the removal activities is left on site Any
~aterjl including soil which has not been contaminated by site
rperatiors shall be returned to its original location
2 The following activities shall also be performed by
Respondents to fulfill the objectives of the Response Action
a Work Plan The Respondents shall prepare a Work Plan
consisting of all activities and subtasks The Work Plan shall
identify all deliverables to be produced during the Work Activities
including timetables for performance of the Work Activities and
production of the deliverables The Work Plan shall identify each
previously identified waste material to be removed from the site and
the Quality Assurance and Quality Control to be used during Work
-32shy
Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
-33shy
b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
-34shy
subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
-35shy
Plan and this Consent Order EPA shall determine if Respondents
have met all of their responsibilities under the Work Plan and
under the provisions cf this Consent Order Within twenty-one
(21) days after receipt of said notice EPA will either (a)
provide Respondents with a statement of all of their
responsibilities which EPA believes are still outstanding or (b)
certify to Respondents that their responsibilities under the Scope
or Work and under the provisions of this Consent Order have been
cotrpleteiy and successfully discharged and that the work performed
by Respondents pursuant to this Consent Order and the Scope cf
Aorlt is consistent with the NC
bull10 Covenant Sst to Sue and Contribution Protection In
ccroicerat cr of and pcr certification by EPA that Respondents have
ccTplc-toly Jird succ-r i^lly d5charged their responsibilities under
ti-e -or- Plan and j-J^r the provisions of this Consent Order as
provided -or in parr ph 33 herein EPA covenants not to s-e
Rerc rdct3 n any bdquobull v 1 cr viririst rat ive action for the performance
cf tre vcrK Plan bull v jec rcwcvcr such covenant not to sue does
not extend to any ether liabilities that may be associated with the
Site including but not limited to any other response actions that
have been or may be undertaken at the Site This covenant not to sue
becomes effective upon the issuance by EPA of the certification
provided in paragraph 39 Nothing in this paragraph shall preclude
EPA from enforcing the provisions of this Consent Order in any
judicial or administrative proceeding It is the intention and
understanding of the parties to this Consent Order that the
-22shy
protection from contribution claims as provided by Section 113(b)(2)
of CERC1A as amended applies to any claim with respect to
performance of the activities pursuant to the Work Plan
41 Credit for Expenditures made pursuant to this Order
A Upon certification that Respondents have discharged
their responsibilities pursuant to the Work Plan and under the
provisions of this Consent Order Respondents shall present EPA with
an accounting of (1) all costs incurred consistent with the NCP in
deveioprert of the Work Plan and in performance of the Work Plan and
the other activities required by this Consent Order those costs will
oe segregated into two categories costs specifically associated with
bullr-e Arcror Tank Materials and all other costs and (2) the amounts
paid by -acr Pespcrdc-rr n connection therewith EPA agrees that
bullaiJ gtbull_bullbull rall no rjt i bull--bull a penalty paid by the Respondents
3 With bull-bull_bull (20) cays of receipt of such accounting
~A w i l l approve all --sts jccr-nted for by Respondents which are
orr2-t with =uup jrapr -(I) (Approved Consent Order Costs)
per z^cr approval ~A ^are-_3 to reduc-3 the amount of response costs
wnich it will seek to recover from Respondents pursuant to CERCLA or
otherwise in connection with the Site according to the following
formula said response costs shall be reduced by the Approved
Consent Order costs incurred in performing the work activities
associated with the Anchor Tank materials and by the amount resulting
from multiplying the Approved Consent Order Costs other than those
associated with Anchor Tank Materials times the quantity one minus
the result of dividing the aggregate volume of the Respondents waste
by the total volume of waste sent to the Site The volumes for these
-23shy
calculations shall be taken from the Volumetric Sank List attached as
Appendix 3 to the Administrative Order by Consent Docket No
at the time of publication in the Federal Register
C In the event that any Respondent otherwise receives
credit for Approved Consent Order Costs through settlement or
litigation the credit amount calculated under subparagraph (b) for
all Respc-dents shall be reduced by the amount of the credit received
through these other channels Moreover this paragraph shall in no
way limit or affect EFAs right to seek joint and several liability
against Respondents in any court action for all damages arc ether
costs incurred or to be incurred by EPA at the Cannons Engineering
Corporation Site This reduction in EPAs response costs with
respect - the Site -rail affect only recovery of response costs from
-r-e rc-cp-T-i--nts arc r l iv -o way affect the right cf EPA to seek
cint and -everai l i a b i l i t y JPC recovery of all resporse costs from
potentially respcrciLlo parties other than Respondents
42 PAs Re-laquobullbullbullbullbullbull-bull -- -f Richts EPA expressly reserves all
tre right- and defevcvs tra- it may have including EPAs right to
disapprove of work prforrcd by Respondents and to request that
Respondents perform tasks in addition to those detailed in this
Consent Order In addition EPA reserves the right to undertake
removal andor remedial actions at any time and to perform any and
all portions of the Work Activities which Respondents have failed to
perform properly provided however that EPA agrees to use its best
efforts to avoid duplication of Respondents activitiesunder this
Order Except as otherwise limited by paragraphs 31 and 32 EPA
reserves any and all rights to take any enforcement action pursuant
-24shy
to CERCLA as amended by SARA andor any available legal authority
This Consent Orde- does not constitute any decision on the
preauthorization of funds under Section lll(a)(2) of CERCLA as
amended by SARA
43 Respondents Reservation of Rights The participation by
Respondents in entering into and carrying out the terms of this
Consent Order shall rct be considered an admission of liability for
any purpose Nor shall such actions or participation by Respondents
constitute a commitrort or agreement either express or ixpiied to
undertake further activities at the Site other than these necessary
to perferr the Remcvcl Activities in accordance with the Work Plan
and rris Ccnsent Order or to undertake any remedial actions at the
Site r-ctwi thstandir -ry finding conclusions or reccn-Terdat ions
-ace - crrecticn ~-- performance of the Work Plan Except as
exprezly ret fortr - trie Consent Order Respondents reserve all
rcr= -rey r-_ have- -o opprre or defend against any action or claim
o r c ~ r t j
bull ther Clbull mdash Nothirg in tris Consent Order snail
constitute or be ccrstrucd as a release or a covenant not to sue
regarding any claim cause of action or demand in law or equity
against any person firm trust joint venture partnership
corporation or other entity not a signatory to this Consent Order for
any liability it may have arising out of or relating in any way to
the generation storage treatment handling transportation
release or disposal of any hazardous substances hazardous wastes
pollutants or contaminants found at taken to or taken from the
Site EPA shall not be liable for any injuries or damages to persons
-25shy
or property resulting from actions or omissions of Respondents in
carryinc out the activities pursuant to this Consent Order nor shall
EPA be held as a party to or in any other way liable under any
contract entered into by Respondents or by the Response Action
Contractor in carrying out the activities pursuant to this Consent
Order Except as otherwise herein set forth or agreed this Consent
Order shall not estop or limit any legal or equitable claims of the
United States against Respondents their agents contractors or
assigns including but not limited to claims related to releases of
hazardous substances gtr other pollutants or contaminants
45 Other laws All actions required to be taken pursuant to
-his Consent Order snail be undertaken in accordance with the
recjirererts of all appi icabl-e state and federal laws and regulashy
ticrs rcl-cirg laws rolatira to occupational safety and health and
ctrer federal envi r rctul laws as defined in current EPA policy
Otfer agencies nclJc -he Occupational Safety and Health
-crir 12 ration lOSi- -rd bull e fish and Wildlife Service (FiWS) may
oe called jpon to rev-- rc ccndjct of work under this Consent
Order In the event ihat there is a conflict in the application of
federal or state laws cr regulations the more stringent of the
conflicting provisions shall apply
46 Notice to the State Pursuant to the requirements of
Section 121(f) and 104(b)(2) of CERCLA as amended by SARA EPA has
notified the Commonwealth of Massachusetts of the scope of the
Response Action the negotiations with the potentially responsible
parties and of the issuance of this Consent Order
-26shy
47 Notice to the Federal Natural Resource Trustee Pursuant
to Sections 122(j) of SARA EPA has notified the Federal Natural
Resource Trustee of the scope of the Response Action the negotiation
with the potentially responsible parties and of the issuance of this
Consent Order
48 Separate Documents This Consent Order may be executed in
two or more counterparts each of which shall be deemed an original
but all of which together shall constitute one and the same
instrument
49 Effective Dare This Consent Order shall be effective upon
the date cf Respondents1 receipt of notice of signature by the
Seccrai Administrate- All times for performance of activities
jrcer -5 Consent Crder shall be calculated from that date
IT S SO AJPEID AND 3IRID iV
bullcr-e P leiarc Date
-27shy
IT IS SO AGREED
Name of Respondent ACUSHNET COMPANY
By Dale M Shenk Vice President and Controller
Title
January T 8 8 Date
-28shy
IT IS SO AGREED AMERICAN C^AMID COMPANY
Name of Respondent
By A JsJ Costello
Executive Vice President Title
bulljruary 1D3S Date
-28shy
IT IS SO AGREES
AMERICAN NATIONAL CAN CORPORATION Name cf Respondent
By S1U4uJ [ampJUULL~-~AT LAW
JAMES BALLS bull_
Title
JAMASY 7Date
198B
laquo By his signature hereon Janes Seller certifies that he has authority to bind Respondent to the terms of this agreement
-28shy
IT IS SO AGREED
ATampT Technologies Inc Name of Respondent
By ATampT-Engineering Vice President
Title
Date
-28shy
0 A
IT IS SO A G R E E D
Name of Respondent
By John L Fox
General Manager Title
January 6 T968 Date
-28shy
IT IS SO AGREED
Name of R e s p o n d e n t ^-
CHAMBERLAIN MANUFACTURING CORPORATION
By
General Co Title
Jaruar- D a t e
1988
-28shy
IT IS 60 AGREED
Name of Respondent ^ t~poundr llS^eL
Byj Richard Barth
Preeident fc Chief Executive Officer Title
CIBA-GEIGY corporation January 6 1988
Date
-28shy
IT IS SO AGREED
Name of Respondent Earthline Company fsCA
By
Authorized Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent FAIRCHILD SEMICONDUCTOR CORPORATION
By C R Bostic
Its Representative Title
January 4 1986 Date
-28shy
IT IS SO AGREED
Name of Respondent Franklin Pumping Service Inc
By
J I J (President)
1788 Date
-28shy
IT IS SO AGREED
Name of Respondent General Dynamics Corporation
By
Daniel S Hapke Assistant General Counsel T i t l e
4 January 1988 Date
-28shy
IT 18 SO AGREED i
of Ropondtnt
By
-28shy
In the Matter of Cannons Engineering Corporation Administrative Order by Consent
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
Hoechst Celane^e Corporation
Heinz X HofmeistermdashVice President Title
-28shy
IT IS SO AGREED
Name of Respondent HoffaeM-La Bocht Inc
By EB Anderson Senior Viet Prttident
Title
-28shy
P3 ICIO UflWDGFT GO JMN 0 8
XT IS SO ACREEDi
of Respondent rrt
bullyi
Jlflua r v 7 shym
IT IS SO AGREED
Name of Respondent Interex^Corporation
By
Authorized Axteht Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent
By
January 13 1988 Date
Millipore CorporationWaters Associates
Senior Vice President Title
-28shy
Cannons Engineering Corporation Administrative Order by Consent Bridgewater Removal Action
IT IS SO AGREED
Name of Respondent MONSANTO COMPANY iIs
Ishy t- r S S rr- -w ~
By
ff Title
Dote
-28shy
E00 3pound
IT IS SO AGREED
Name of Respondent
By
-IVCL
pound1
Title
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
POLAROID CORPORATION
VICE PRESIDENT AND SECRETARY Title
-28shy
IT IS SO AGREED
Name of Respondent Re eyeling Industries Inc
By
Authorized Agent title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent TECH- gTCM
By
Title
Date
-28shy
ATTACHMENT A
BRIDGEWATER CANNONS ENGINEERING CORPORATION SITE CONSENT ORDER WORK PLAN
I Introduction and Purpose
The purpose of this Consent Order Work Plan is to identify
response actions to be taKen by Respondents of the Site pursuant to
the foregoing Consent Order
I1 Scooe of Work
1 The following are the removal activities required by the
Consent Order
a Renov3- cf XTas-cs The following waste materials shall
oe roTcvo^ frcn the jte poundrd properly disposed of in accordance with
ail applj^oie erv r crrort1 laws and regulations
apprcxirrateiy 400 five-gallon pails containing
waste -atoral from inside the Equipment Building
This -aterial was previously located irsice the box
trailers
approximately 400 less than five-gallon pails which
have had the contents removed into two 55-gallon
drums
approximately one drum full and one drum 34 full
which were generated from the emptying of the above
mentioned less than five-gallon containers
-29shy
approximately 350 containers of laboratory reagents
which were abandoned in the laboratory inside the
Equipment Building
a container approximately one pint in volume
containing an unknown liquid which is considered to
be shock sensitive and will be treated as such
one five-gallon pail of bulked laboratory samples
one three-gallon pail of bulked laboratory samples
approximately 1000 gallons of aqueous waste
material contained in above-ground storage
containers which include less than 10 partially
filled druTs one dumpster and one tank trailer
appr- xiTately 25000 gallons of aqueous waste
material crrtained in the underground tanks
app r bull IT -ic-ly 500 gallons of waste oil determined
to contain a CB content of less than 2 parts per
appr c bull irrately two 55 gallon drums of materials
scraped from trailer bottoms
approximately two 55 gallon drums of contaminated
sorbent material from the equipment building floor
contaminated soil from opening area not to exceed
20 cubic yards
one 55 gallon drum approximately three-quarters
full of contaminated lab water from on-site
laboratory used during initial EPA removal
activities and
-30shy
approximately seventy-five 30 gallon garbage bags
containing contaminated protective clothing and
sampling implements
b Transportation of Wastes All of the above-described
wastes will be transported in accordance with all applicaole laws and
regulations including but not limited to all Department of
Transportation (DOT) regulations Additionally all containers
shipped off site and all vehicles carrying these containers will be
properly and completely labeled and placarded in accordance with all
applicable laws and regulations
c Disposal cf Wastes The Respondents shall make all
arrangerents necessary 10 accomplish the proper disposal of all of
the ebcve-cescribed wastes This shall include making available
disprsol perscrrel frr- -e selected disposal facility as needed to
ass-re hat the pack- J-TC snipping methods used meet the disposal
f a c i l i t y specifications f~r acceptance of wastes For elt ch waste
r-aterial ~z oe rencve-j ircr tre site the Respondents shall indicate
befcrc the waste is rerrcved frcrr the site the method of disposal the
name(s) of the facilityiies) to be utilized the compliance status of
the facility(ies) to be utilized the name(s) of transporter(s) to be
utilized the method of transport for each waste and the packaging
to be utilized
d Record of Disposal The Respondents shall provide EPA
with all paperwork documenting the location of all wastes that leave
the site This shall include all temporary storage facilities that
may be utilized before the waste reaches its final destination for
disposal All wastes removed from the site will be pursuant to an
-31shy
appropriate Hazardous Waste Manifest EPAs On-Scene Coordinator
will sign each manifest relating to the Anchor Tank material so as to
indicate that EPA is the generator of the Anchor Tank material being
removed from the site For all wastes that leave the site the
Respondents will supply information to include but not be limited
to the date of arrival and departure of each waste to or from each
facility a list of all wastes in question and the signature of the
company representative who accepted the wastes in question
Additionally for any waste that is incinerated or otherwise
destroyed the Respondents shall provide certification by a company
official of the facility destroying the waste that the waste was
ndeed destroyed ard by what nethod it was destroyed
e Site Postcraticn Before final demobilization the
^espcrv-- 3 shall restore the site to an acceptable degree This
-bullill ircl-de assur-rce tl-at no trash or waste materials or equipment
associated with any rf the removal activities is left on site Any
~aterjl including soil which has not been contaminated by site
rperatiors shall be returned to its original location
2 The following activities shall also be performed by
Respondents to fulfill the objectives of the Response Action
a Work Plan The Respondents shall prepare a Work Plan
consisting of all activities and subtasks The Work Plan shall
identify all deliverables to be produced during the Work Activities
including timetables for performance of the Work Activities and
production of the deliverables The Work Plan shall identify each
previously identified waste material to be removed from the site and
the Quality Assurance and Quality Control to be used during Work
-32shy
Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
-33shy
b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
-34shy
subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
-35shy
protection from contribution claims as provided by Section 113(b)(2)
of CERC1A as amended applies to any claim with respect to
performance of the activities pursuant to the Work Plan
41 Credit for Expenditures made pursuant to this Order
A Upon certification that Respondents have discharged
their responsibilities pursuant to the Work Plan and under the
provisions of this Consent Order Respondents shall present EPA with
an accounting of (1) all costs incurred consistent with the NCP in
deveioprert of the Work Plan and in performance of the Work Plan and
the other activities required by this Consent Order those costs will
oe segregated into two categories costs specifically associated with
bullr-e Arcror Tank Materials and all other costs and (2) the amounts
paid by -acr Pespcrdc-rr n connection therewith EPA agrees that
bullaiJ gtbull_bullbull rall no rjt i bull--bull a penalty paid by the Respondents
3 With bull-bull_bull (20) cays of receipt of such accounting
~A w i l l approve all --sts jccr-nted for by Respondents which are
orr2-t with =uup jrapr -(I) (Approved Consent Order Costs)
per z^cr approval ~A ^are-_3 to reduc-3 the amount of response costs
wnich it will seek to recover from Respondents pursuant to CERCLA or
otherwise in connection with the Site according to the following
formula said response costs shall be reduced by the Approved
Consent Order costs incurred in performing the work activities
associated with the Anchor Tank materials and by the amount resulting
from multiplying the Approved Consent Order Costs other than those
associated with Anchor Tank Materials times the quantity one minus
the result of dividing the aggregate volume of the Respondents waste
by the total volume of waste sent to the Site The volumes for these
-23shy
calculations shall be taken from the Volumetric Sank List attached as
Appendix 3 to the Administrative Order by Consent Docket No
at the time of publication in the Federal Register
C In the event that any Respondent otherwise receives
credit for Approved Consent Order Costs through settlement or
litigation the credit amount calculated under subparagraph (b) for
all Respc-dents shall be reduced by the amount of the credit received
through these other channels Moreover this paragraph shall in no
way limit or affect EFAs right to seek joint and several liability
against Respondents in any court action for all damages arc ether
costs incurred or to be incurred by EPA at the Cannons Engineering
Corporation Site This reduction in EPAs response costs with
respect - the Site -rail affect only recovery of response costs from
-r-e rc-cp-T-i--nts arc r l iv -o way affect the right cf EPA to seek
cint and -everai l i a b i l i t y JPC recovery of all resporse costs from
potentially respcrciLlo parties other than Respondents
42 PAs Re-laquobullbullbullbullbullbull-bull -- -f Richts EPA expressly reserves all
tre right- and defevcvs tra- it may have including EPAs right to
disapprove of work prforrcd by Respondents and to request that
Respondents perform tasks in addition to those detailed in this
Consent Order In addition EPA reserves the right to undertake
removal andor remedial actions at any time and to perform any and
all portions of the Work Activities which Respondents have failed to
perform properly provided however that EPA agrees to use its best
efforts to avoid duplication of Respondents activitiesunder this
Order Except as otherwise limited by paragraphs 31 and 32 EPA
reserves any and all rights to take any enforcement action pursuant
-24shy
to CERCLA as amended by SARA andor any available legal authority
This Consent Orde- does not constitute any decision on the
preauthorization of funds under Section lll(a)(2) of CERCLA as
amended by SARA
43 Respondents Reservation of Rights The participation by
Respondents in entering into and carrying out the terms of this
Consent Order shall rct be considered an admission of liability for
any purpose Nor shall such actions or participation by Respondents
constitute a commitrort or agreement either express or ixpiied to
undertake further activities at the Site other than these necessary
to perferr the Remcvcl Activities in accordance with the Work Plan
and rris Ccnsent Order or to undertake any remedial actions at the
Site r-ctwi thstandir -ry finding conclusions or reccn-Terdat ions
-ace - crrecticn ~-- performance of the Work Plan Except as
exprezly ret fortr - trie Consent Order Respondents reserve all
rcr= -rey r-_ have- -o opprre or defend against any action or claim
o r c ~ r t j
bull ther Clbull mdash Nothirg in tris Consent Order snail
constitute or be ccrstrucd as a release or a covenant not to sue
regarding any claim cause of action or demand in law or equity
against any person firm trust joint venture partnership
corporation or other entity not a signatory to this Consent Order for
any liability it may have arising out of or relating in any way to
the generation storage treatment handling transportation
release or disposal of any hazardous substances hazardous wastes
pollutants or contaminants found at taken to or taken from the
Site EPA shall not be liable for any injuries or damages to persons
-25shy
or property resulting from actions or omissions of Respondents in
carryinc out the activities pursuant to this Consent Order nor shall
EPA be held as a party to or in any other way liable under any
contract entered into by Respondents or by the Response Action
Contractor in carrying out the activities pursuant to this Consent
Order Except as otherwise herein set forth or agreed this Consent
Order shall not estop or limit any legal or equitable claims of the
United States against Respondents their agents contractors or
assigns including but not limited to claims related to releases of
hazardous substances gtr other pollutants or contaminants
45 Other laws All actions required to be taken pursuant to
-his Consent Order snail be undertaken in accordance with the
recjirererts of all appi icabl-e state and federal laws and regulashy
ticrs rcl-cirg laws rolatira to occupational safety and health and
ctrer federal envi r rctul laws as defined in current EPA policy
Otfer agencies nclJc -he Occupational Safety and Health
-crir 12 ration lOSi- -rd bull e fish and Wildlife Service (FiWS) may
oe called jpon to rev-- rc ccndjct of work under this Consent
Order In the event ihat there is a conflict in the application of
federal or state laws cr regulations the more stringent of the
conflicting provisions shall apply
46 Notice to the State Pursuant to the requirements of
Section 121(f) and 104(b)(2) of CERCLA as amended by SARA EPA has
notified the Commonwealth of Massachusetts of the scope of the
Response Action the negotiations with the potentially responsible
parties and of the issuance of this Consent Order
-26shy
47 Notice to the Federal Natural Resource Trustee Pursuant
to Sections 122(j) of SARA EPA has notified the Federal Natural
Resource Trustee of the scope of the Response Action the negotiation
with the potentially responsible parties and of the issuance of this
Consent Order
48 Separate Documents This Consent Order may be executed in
two or more counterparts each of which shall be deemed an original
but all of which together shall constitute one and the same
instrument
49 Effective Dare This Consent Order shall be effective upon
the date cf Respondents1 receipt of notice of signature by the
Seccrai Administrate- All times for performance of activities
jrcer -5 Consent Crder shall be calculated from that date
IT S SO AJPEID AND 3IRID iV
bullcr-e P leiarc Date
-27shy
IT IS SO AGREED
Name of Respondent ACUSHNET COMPANY
By Dale M Shenk Vice President and Controller
Title
January T 8 8 Date
-28shy
IT IS SO AGREED AMERICAN C^AMID COMPANY
Name of Respondent
By A JsJ Costello
Executive Vice President Title
bulljruary 1D3S Date
-28shy
IT IS SO AGREES
AMERICAN NATIONAL CAN CORPORATION Name cf Respondent
By S1U4uJ [ampJUULL~-~AT LAW
JAMES BALLS bull_
Title
JAMASY 7Date
198B
laquo By his signature hereon Janes Seller certifies that he has authority to bind Respondent to the terms of this agreement
-28shy
IT IS SO AGREED
ATampT Technologies Inc Name of Respondent
By ATampT-Engineering Vice President
Title
Date
-28shy
0 A
IT IS SO A G R E E D
Name of Respondent
By John L Fox
General Manager Title
January 6 T968 Date
-28shy
IT IS SO AGREED
Name of R e s p o n d e n t ^-
CHAMBERLAIN MANUFACTURING CORPORATION
By
General Co Title
Jaruar- D a t e
1988
-28shy
IT IS 60 AGREED
Name of Respondent ^ t~poundr llS^eL
Byj Richard Barth
Preeident fc Chief Executive Officer Title
CIBA-GEIGY corporation January 6 1988
Date
-28shy
IT IS SO AGREED
Name of Respondent Earthline Company fsCA
By
Authorized Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent FAIRCHILD SEMICONDUCTOR CORPORATION
By C R Bostic
Its Representative Title
January 4 1986 Date
-28shy
IT IS SO AGREED
Name of Respondent Franklin Pumping Service Inc
By
J I J (President)
1788 Date
-28shy
IT IS SO AGREED
Name of Respondent General Dynamics Corporation
By
Daniel S Hapke Assistant General Counsel T i t l e
4 January 1988 Date
-28shy
IT 18 SO AGREED i
of Ropondtnt
By
-28shy
In the Matter of Cannons Engineering Corporation Administrative Order by Consent
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
Hoechst Celane^e Corporation
Heinz X HofmeistermdashVice President Title
-28shy
IT IS SO AGREED
Name of Respondent HoffaeM-La Bocht Inc
By EB Anderson Senior Viet Prttident
Title
-28shy
P3 ICIO UflWDGFT GO JMN 0 8
XT IS SO ACREEDi
of Respondent rrt
bullyi
Jlflua r v 7 shym
IT IS SO AGREED
Name of Respondent Interex^Corporation
By
Authorized Axteht Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent
By
January 13 1988 Date
Millipore CorporationWaters Associates
Senior Vice President Title
-28shy
Cannons Engineering Corporation Administrative Order by Consent Bridgewater Removal Action
IT IS SO AGREED
Name of Respondent MONSANTO COMPANY iIs
Ishy t- r S S rr- -w ~
By
ff Title
Dote
-28shy
E00 3pound
IT IS SO AGREED
Name of Respondent
By
-IVCL
pound1
Title
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
POLAROID CORPORATION
VICE PRESIDENT AND SECRETARY Title
-28shy
IT IS SO AGREED
Name of Respondent Re eyeling Industries Inc
By
Authorized Agent title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent TECH- gTCM
By
Title
Date
-28shy
ATTACHMENT A
BRIDGEWATER CANNONS ENGINEERING CORPORATION SITE CONSENT ORDER WORK PLAN
I Introduction and Purpose
The purpose of this Consent Order Work Plan is to identify
response actions to be taKen by Respondents of the Site pursuant to
the foregoing Consent Order
I1 Scooe of Work
1 The following are the removal activities required by the
Consent Order
a Renov3- cf XTas-cs The following waste materials shall
oe roTcvo^ frcn the jte poundrd properly disposed of in accordance with
ail applj^oie erv r crrort1 laws and regulations
apprcxirrateiy 400 five-gallon pails containing
waste -atoral from inside the Equipment Building
This -aterial was previously located irsice the box
trailers
approximately 400 less than five-gallon pails which
have had the contents removed into two 55-gallon
drums
approximately one drum full and one drum 34 full
which were generated from the emptying of the above
mentioned less than five-gallon containers
-29shy
approximately 350 containers of laboratory reagents
which were abandoned in the laboratory inside the
Equipment Building
a container approximately one pint in volume
containing an unknown liquid which is considered to
be shock sensitive and will be treated as such
one five-gallon pail of bulked laboratory samples
one three-gallon pail of bulked laboratory samples
approximately 1000 gallons of aqueous waste
material contained in above-ground storage
containers which include less than 10 partially
filled druTs one dumpster and one tank trailer
appr- xiTately 25000 gallons of aqueous waste
material crrtained in the underground tanks
app r bull IT -ic-ly 500 gallons of waste oil determined
to contain a CB content of less than 2 parts per
appr c bull irrately two 55 gallon drums of materials
scraped from trailer bottoms
approximately two 55 gallon drums of contaminated
sorbent material from the equipment building floor
contaminated soil from opening area not to exceed
20 cubic yards
one 55 gallon drum approximately three-quarters
full of contaminated lab water from on-site
laboratory used during initial EPA removal
activities and
-30shy
approximately seventy-five 30 gallon garbage bags
containing contaminated protective clothing and
sampling implements
b Transportation of Wastes All of the above-described
wastes will be transported in accordance with all applicaole laws and
regulations including but not limited to all Department of
Transportation (DOT) regulations Additionally all containers
shipped off site and all vehicles carrying these containers will be
properly and completely labeled and placarded in accordance with all
applicable laws and regulations
c Disposal cf Wastes The Respondents shall make all
arrangerents necessary 10 accomplish the proper disposal of all of
the ebcve-cescribed wastes This shall include making available
disprsol perscrrel frr- -e selected disposal facility as needed to
ass-re hat the pack- J-TC snipping methods used meet the disposal
f a c i l i t y specifications f~r acceptance of wastes For elt ch waste
r-aterial ~z oe rencve-j ircr tre site the Respondents shall indicate
befcrc the waste is rerrcved frcrr the site the method of disposal the
name(s) of the facilityiies) to be utilized the compliance status of
the facility(ies) to be utilized the name(s) of transporter(s) to be
utilized the method of transport for each waste and the packaging
to be utilized
d Record of Disposal The Respondents shall provide EPA
with all paperwork documenting the location of all wastes that leave
the site This shall include all temporary storage facilities that
may be utilized before the waste reaches its final destination for
disposal All wastes removed from the site will be pursuant to an
-31shy
appropriate Hazardous Waste Manifest EPAs On-Scene Coordinator
will sign each manifest relating to the Anchor Tank material so as to
indicate that EPA is the generator of the Anchor Tank material being
removed from the site For all wastes that leave the site the
Respondents will supply information to include but not be limited
to the date of arrival and departure of each waste to or from each
facility a list of all wastes in question and the signature of the
company representative who accepted the wastes in question
Additionally for any waste that is incinerated or otherwise
destroyed the Respondents shall provide certification by a company
official of the facility destroying the waste that the waste was
ndeed destroyed ard by what nethod it was destroyed
e Site Postcraticn Before final demobilization the
^espcrv-- 3 shall restore the site to an acceptable degree This
-bullill ircl-de assur-rce tl-at no trash or waste materials or equipment
associated with any rf the removal activities is left on site Any
~aterjl including soil which has not been contaminated by site
rperatiors shall be returned to its original location
2 The following activities shall also be performed by
Respondents to fulfill the objectives of the Response Action
a Work Plan The Respondents shall prepare a Work Plan
consisting of all activities and subtasks The Work Plan shall
identify all deliverables to be produced during the Work Activities
including timetables for performance of the Work Activities and
production of the deliverables The Work Plan shall identify each
previously identified waste material to be removed from the site and
the Quality Assurance and Quality Control to be used during Work
-32shy
Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
-33shy
b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
-34shy
subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
-35shy
calculations shall be taken from the Volumetric Sank List attached as
Appendix 3 to the Administrative Order by Consent Docket No
at the time of publication in the Federal Register
C In the event that any Respondent otherwise receives
credit for Approved Consent Order Costs through settlement or
litigation the credit amount calculated under subparagraph (b) for
all Respc-dents shall be reduced by the amount of the credit received
through these other channels Moreover this paragraph shall in no
way limit or affect EFAs right to seek joint and several liability
against Respondents in any court action for all damages arc ether
costs incurred or to be incurred by EPA at the Cannons Engineering
Corporation Site This reduction in EPAs response costs with
respect - the Site -rail affect only recovery of response costs from
-r-e rc-cp-T-i--nts arc r l iv -o way affect the right cf EPA to seek
cint and -everai l i a b i l i t y JPC recovery of all resporse costs from
potentially respcrciLlo parties other than Respondents
42 PAs Re-laquobullbullbullbullbullbull-bull -- -f Richts EPA expressly reserves all
tre right- and defevcvs tra- it may have including EPAs right to
disapprove of work prforrcd by Respondents and to request that
Respondents perform tasks in addition to those detailed in this
Consent Order In addition EPA reserves the right to undertake
removal andor remedial actions at any time and to perform any and
all portions of the Work Activities which Respondents have failed to
perform properly provided however that EPA agrees to use its best
efforts to avoid duplication of Respondents activitiesunder this
Order Except as otherwise limited by paragraphs 31 and 32 EPA
reserves any and all rights to take any enforcement action pursuant
-24shy
to CERCLA as amended by SARA andor any available legal authority
This Consent Orde- does not constitute any decision on the
preauthorization of funds under Section lll(a)(2) of CERCLA as
amended by SARA
43 Respondents Reservation of Rights The participation by
Respondents in entering into and carrying out the terms of this
Consent Order shall rct be considered an admission of liability for
any purpose Nor shall such actions or participation by Respondents
constitute a commitrort or agreement either express or ixpiied to
undertake further activities at the Site other than these necessary
to perferr the Remcvcl Activities in accordance with the Work Plan
and rris Ccnsent Order or to undertake any remedial actions at the
Site r-ctwi thstandir -ry finding conclusions or reccn-Terdat ions
-ace - crrecticn ~-- performance of the Work Plan Except as
exprezly ret fortr - trie Consent Order Respondents reserve all
rcr= -rey r-_ have- -o opprre or defend against any action or claim
o r c ~ r t j
bull ther Clbull mdash Nothirg in tris Consent Order snail
constitute or be ccrstrucd as a release or a covenant not to sue
regarding any claim cause of action or demand in law or equity
against any person firm trust joint venture partnership
corporation or other entity not a signatory to this Consent Order for
any liability it may have arising out of or relating in any way to
the generation storage treatment handling transportation
release or disposal of any hazardous substances hazardous wastes
pollutants or contaminants found at taken to or taken from the
Site EPA shall not be liable for any injuries or damages to persons
-25shy
or property resulting from actions or omissions of Respondents in
carryinc out the activities pursuant to this Consent Order nor shall
EPA be held as a party to or in any other way liable under any
contract entered into by Respondents or by the Response Action
Contractor in carrying out the activities pursuant to this Consent
Order Except as otherwise herein set forth or agreed this Consent
Order shall not estop or limit any legal or equitable claims of the
United States against Respondents their agents contractors or
assigns including but not limited to claims related to releases of
hazardous substances gtr other pollutants or contaminants
45 Other laws All actions required to be taken pursuant to
-his Consent Order snail be undertaken in accordance with the
recjirererts of all appi icabl-e state and federal laws and regulashy
ticrs rcl-cirg laws rolatira to occupational safety and health and
ctrer federal envi r rctul laws as defined in current EPA policy
Otfer agencies nclJc -he Occupational Safety and Health
-crir 12 ration lOSi- -rd bull e fish and Wildlife Service (FiWS) may
oe called jpon to rev-- rc ccndjct of work under this Consent
Order In the event ihat there is a conflict in the application of
federal or state laws cr regulations the more stringent of the
conflicting provisions shall apply
46 Notice to the State Pursuant to the requirements of
Section 121(f) and 104(b)(2) of CERCLA as amended by SARA EPA has
notified the Commonwealth of Massachusetts of the scope of the
Response Action the negotiations with the potentially responsible
parties and of the issuance of this Consent Order
-26shy
47 Notice to the Federal Natural Resource Trustee Pursuant
to Sections 122(j) of SARA EPA has notified the Federal Natural
Resource Trustee of the scope of the Response Action the negotiation
with the potentially responsible parties and of the issuance of this
Consent Order
48 Separate Documents This Consent Order may be executed in
two or more counterparts each of which shall be deemed an original
but all of which together shall constitute one and the same
instrument
49 Effective Dare This Consent Order shall be effective upon
the date cf Respondents1 receipt of notice of signature by the
Seccrai Administrate- All times for performance of activities
jrcer -5 Consent Crder shall be calculated from that date
IT S SO AJPEID AND 3IRID iV
bullcr-e P leiarc Date
-27shy
IT IS SO AGREED
Name of Respondent ACUSHNET COMPANY
By Dale M Shenk Vice President and Controller
Title
January T 8 8 Date
-28shy
IT IS SO AGREED AMERICAN C^AMID COMPANY
Name of Respondent
By A JsJ Costello
Executive Vice President Title
bulljruary 1D3S Date
-28shy
IT IS SO AGREES
AMERICAN NATIONAL CAN CORPORATION Name cf Respondent
By S1U4uJ [ampJUULL~-~AT LAW
JAMES BALLS bull_
Title
JAMASY 7Date
198B
laquo By his signature hereon Janes Seller certifies that he has authority to bind Respondent to the terms of this agreement
-28shy
IT IS SO AGREED
ATampT Technologies Inc Name of Respondent
By ATampT-Engineering Vice President
Title
Date
-28shy
0 A
IT IS SO A G R E E D
Name of Respondent
By John L Fox
General Manager Title
January 6 T968 Date
-28shy
IT IS SO AGREED
Name of R e s p o n d e n t ^-
CHAMBERLAIN MANUFACTURING CORPORATION
By
General Co Title
Jaruar- D a t e
1988
-28shy
IT IS 60 AGREED
Name of Respondent ^ t~poundr llS^eL
Byj Richard Barth
Preeident fc Chief Executive Officer Title
CIBA-GEIGY corporation January 6 1988
Date
-28shy
IT IS SO AGREED
Name of Respondent Earthline Company fsCA
By
Authorized Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent FAIRCHILD SEMICONDUCTOR CORPORATION
By C R Bostic
Its Representative Title
January 4 1986 Date
-28shy
IT IS SO AGREED
Name of Respondent Franklin Pumping Service Inc
By
J I J (President)
1788 Date
-28shy
IT IS SO AGREED
Name of Respondent General Dynamics Corporation
By
Daniel S Hapke Assistant General Counsel T i t l e
4 January 1988 Date
-28shy
IT 18 SO AGREED i
of Ropondtnt
By
-28shy
In the Matter of Cannons Engineering Corporation Administrative Order by Consent
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
Hoechst Celane^e Corporation
Heinz X HofmeistermdashVice President Title
-28shy
IT IS SO AGREED
Name of Respondent HoffaeM-La Bocht Inc
By EB Anderson Senior Viet Prttident
Title
-28shy
P3 ICIO UflWDGFT GO JMN 0 8
XT IS SO ACREEDi
of Respondent rrt
bullyi
Jlflua r v 7 shym
IT IS SO AGREED
Name of Respondent Interex^Corporation
By
Authorized Axteht Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent
By
January 13 1988 Date
Millipore CorporationWaters Associates
Senior Vice President Title
-28shy
Cannons Engineering Corporation Administrative Order by Consent Bridgewater Removal Action
IT IS SO AGREED
Name of Respondent MONSANTO COMPANY iIs
Ishy t- r S S rr- -w ~
By
ff Title
Dote
-28shy
E00 3pound
IT IS SO AGREED
Name of Respondent
By
-IVCL
pound1
Title
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
POLAROID CORPORATION
VICE PRESIDENT AND SECRETARY Title
-28shy
IT IS SO AGREED
Name of Respondent Re eyeling Industries Inc
By
Authorized Agent title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent TECH- gTCM
By
Title
Date
-28shy
ATTACHMENT A
BRIDGEWATER CANNONS ENGINEERING CORPORATION SITE CONSENT ORDER WORK PLAN
I Introduction and Purpose
The purpose of this Consent Order Work Plan is to identify
response actions to be taKen by Respondents of the Site pursuant to
the foregoing Consent Order
I1 Scooe of Work
1 The following are the removal activities required by the
Consent Order
a Renov3- cf XTas-cs The following waste materials shall
oe roTcvo^ frcn the jte poundrd properly disposed of in accordance with
ail applj^oie erv r crrort1 laws and regulations
apprcxirrateiy 400 five-gallon pails containing
waste -atoral from inside the Equipment Building
This -aterial was previously located irsice the box
trailers
approximately 400 less than five-gallon pails which
have had the contents removed into two 55-gallon
drums
approximately one drum full and one drum 34 full
which were generated from the emptying of the above
mentioned less than five-gallon containers
-29shy
approximately 350 containers of laboratory reagents
which were abandoned in the laboratory inside the
Equipment Building
a container approximately one pint in volume
containing an unknown liquid which is considered to
be shock sensitive and will be treated as such
one five-gallon pail of bulked laboratory samples
one three-gallon pail of bulked laboratory samples
approximately 1000 gallons of aqueous waste
material contained in above-ground storage
containers which include less than 10 partially
filled druTs one dumpster and one tank trailer
appr- xiTately 25000 gallons of aqueous waste
material crrtained in the underground tanks
app r bull IT -ic-ly 500 gallons of waste oil determined
to contain a CB content of less than 2 parts per
appr c bull irrately two 55 gallon drums of materials
scraped from trailer bottoms
approximately two 55 gallon drums of contaminated
sorbent material from the equipment building floor
contaminated soil from opening area not to exceed
20 cubic yards
one 55 gallon drum approximately three-quarters
full of contaminated lab water from on-site
laboratory used during initial EPA removal
activities and
-30shy
approximately seventy-five 30 gallon garbage bags
containing contaminated protective clothing and
sampling implements
b Transportation of Wastes All of the above-described
wastes will be transported in accordance with all applicaole laws and
regulations including but not limited to all Department of
Transportation (DOT) regulations Additionally all containers
shipped off site and all vehicles carrying these containers will be
properly and completely labeled and placarded in accordance with all
applicable laws and regulations
c Disposal cf Wastes The Respondents shall make all
arrangerents necessary 10 accomplish the proper disposal of all of
the ebcve-cescribed wastes This shall include making available
disprsol perscrrel frr- -e selected disposal facility as needed to
ass-re hat the pack- J-TC snipping methods used meet the disposal
f a c i l i t y specifications f~r acceptance of wastes For elt ch waste
r-aterial ~z oe rencve-j ircr tre site the Respondents shall indicate
befcrc the waste is rerrcved frcrr the site the method of disposal the
name(s) of the facilityiies) to be utilized the compliance status of
the facility(ies) to be utilized the name(s) of transporter(s) to be
utilized the method of transport for each waste and the packaging
to be utilized
d Record of Disposal The Respondents shall provide EPA
with all paperwork documenting the location of all wastes that leave
the site This shall include all temporary storage facilities that
may be utilized before the waste reaches its final destination for
disposal All wastes removed from the site will be pursuant to an
-31shy
appropriate Hazardous Waste Manifest EPAs On-Scene Coordinator
will sign each manifest relating to the Anchor Tank material so as to
indicate that EPA is the generator of the Anchor Tank material being
removed from the site For all wastes that leave the site the
Respondents will supply information to include but not be limited
to the date of arrival and departure of each waste to or from each
facility a list of all wastes in question and the signature of the
company representative who accepted the wastes in question
Additionally for any waste that is incinerated or otherwise
destroyed the Respondents shall provide certification by a company
official of the facility destroying the waste that the waste was
ndeed destroyed ard by what nethod it was destroyed
e Site Postcraticn Before final demobilization the
^espcrv-- 3 shall restore the site to an acceptable degree This
-bullill ircl-de assur-rce tl-at no trash or waste materials or equipment
associated with any rf the removal activities is left on site Any
~aterjl including soil which has not been contaminated by site
rperatiors shall be returned to its original location
2 The following activities shall also be performed by
Respondents to fulfill the objectives of the Response Action
a Work Plan The Respondents shall prepare a Work Plan
consisting of all activities and subtasks The Work Plan shall
identify all deliverables to be produced during the Work Activities
including timetables for performance of the Work Activities and
production of the deliverables The Work Plan shall identify each
previously identified waste material to be removed from the site and
the Quality Assurance and Quality Control to be used during Work
-32shy
Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
-33shy
b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
-34shy
subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
-35shy
to CERCLA as amended by SARA andor any available legal authority
This Consent Orde- does not constitute any decision on the
preauthorization of funds under Section lll(a)(2) of CERCLA as
amended by SARA
43 Respondents Reservation of Rights The participation by
Respondents in entering into and carrying out the terms of this
Consent Order shall rct be considered an admission of liability for
any purpose Nor shall such actions or participation by Respondents
constitute a commitrort or agreement either express or ixpiied to
undertake further activities at the Site other than these necessary
to perferr the Remcvcl Activities in accordance with the Work Plan
and rris Ccnsent Order or to undertake any remedial actions at the
Site r-ctwi thstandir -ry finding conclusions or reccn-Terdat ions
-ace - crrecticn ~-- performance of the Work Plan Except as
exprezly ret fortr - trie Consent Order Respondents reserve all
rcr= -rey r-_ have- -o opprre or defend against any action or claim
o r c ~ r t j
bull ther Clbull mdash Nothirg in tris Consent Order snail
constitute or be ccrstrucd as a release or a covenant not to sue
regarding any claim cause of action or demand in law or equity
against any person firm trust joint venture partnership
corporation or other entity not a signatory to this Consent Order for
any liability it may have arising out of or relating in any way to
the generation storage treatment handling transportation
release or disposal of any hazardous substances hazardous wastes
pollutants or contaminants found at taken to or taken from the
Site EPA shall not be liable for any injuries or damages to persons
-25shy
or property resulting from actions or omissions of Respondents in
carryinc out the activities pursuant to this Consent Order nor shall
EPA be held as a party to or in any other way liable under any
contract entered into by Respondents or by the Response Action
Contractor in carrying out the activities pursuant to this Consent
Order Except as otherwise herein set forth or agreed this Consent
Order shall not estop or limit any legal or equitable claims of the
United States against Respondents their agents contractors or
assigns including but not limited to claims related to releases of
hazardous substances gtr other pollutants or contaminants
45 Other laws All actions required to be taken pursuant to
-his Consent Order snail be undertaken in accordance with the
recjirererts of all appi icabl-e state and federal laws and regulashy
ticrs rcl-cirg laws rolatira to occupational safety and health and
ctrer federal envi r rctul laws as defined in current EPA policy
Otfer agencies nclJc -he Occupational Safety and Health
-crir 12 ration lOSi- -rd bull e fish and Wildlife Service (FiWS) may
oe called jpon to rev-- rc ccndjct of work under this Consent
Order In the event ihat there is a conflict in the application of
federal or state laws cr regulations the more stringent of the
conflicting provisions shall apply
46 Notice to the State Pursuant to the requirements of
Section 121(f) and 104(b)(2) of CERCLA as amended by SARA EPA has
notified the Commonwealth of Massachusetts of the scope of the
Response Action the negotiations with the potentially responsible
parties and of the issuance of this Consent Order
-26shy
47 Notice to the Federal Natural Resource Trustee Pursuant
to Sections 122(j) of SARA EPA has notified the Federal Natural
Resource Trustee of the scope of the Response Action the negotiation
with the potentially responsible parties and of the issuance of this
Consent Order
48 Separate Documents This Consent Order may be executed in
two or more counterparts each of which shall be deemed an original
but all of which together shall constitute one and the same
instrument
49 Effective Dare This Consent Order shall be effective upon
the date cf Respondents1 receipt of notice of signature by the
Seccrai Administrate- All times for performance of activities
jrcer -5 Consent Crder shall be calculated from that date
IT S SO AJPEID AND 3IRID iV
bullcr-e P leiarc Date
-27shy
IT IS SO AGREED
Name of Respondent ACUSHNET COMPANY
By Dale M Shenk Vice President and Controller
Title
January T 8 8 Date
-28shy
IT IS SO AGREED AMERICAN C^AMID COMPANY
Name of Respondent
By A JsJ Costello
Executive Vice President Title
bulljruary 1D3S Date
-28shy
IT IS SO AGREES
AMERICAN NATIONAL CAN CORPORATION Name cf Respondent
By S1U4uJ [ampJUULL~-~AT LAW
JAMES BALLS bull_
Title
JAMASY 7Date
198B
laquo By his signature hereon Janes Seller certifies that he has authority to bind Respondent to the terms of this agreement
-28shy
IT IS SO AGREED
ATampT Technologies Inc Name of Respondent
By ATampT-Engineering Vice President
Title
Date
-28shy
0 A
IT IS SO A G R E E D
Name of Respondent
By John L Fox
General Manager Title
January 6 T968 Date
-28shy
IT IS SO AGREED
Name of R e s p o n d e n t ^-
CHAMBERLAIN MANUFACTURING CORPORATION
By
General Co Title
Jaruar- D a t e
1988
-28shy
IT IS 60 AGREED
Name of Respondent ^ t~poundr llS^eL
Byj Richard Barth
Preeident fc Chief Executive Officer Title
CIBA-GEIGY corporation January 6 1988
Date
-28shy
IT IS SO AGREED
Name of Respondent Earthline Company fsCA
By
Authorized Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent FAIRCHILD SEMICONDUCTOR CORPORATION
By C R Bostic
Its Representative Title
January 4 1986 Date
-28shy
IT IS SO AGREED
Name of Respondent Franklin Pumping Service Inc
By
J I J (President)
1788 Date
-28shy
IT IS SO AGREED
Name of Respondent General Dynamics Corporation
By
Daniel S Hapke Assistant General Counsel T i t l e
4 January 1988 Date
-28shy
IT 18 SO AGREED i
of Ropondtnt
By
-28shy
In the Matter of Cannons Engineering Corporation Administrative Order by Consent
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
Hoechst Celane^e Corporation
Heinz X HofmeistermdashVice President Title
-28shy
IT IS SO AGREED
Name of Respondent HoffaeM-La Bocht Inc
By EB Anderson Senior Viet Prttident
Title
-28shy
P3 ICIO UflWDGFT GO JMN 0 8
XT IS SO ACREEDi
of Respondent rrt
bullyi
Jlflua r v 7 shym
IT IS SO AGREED
Name of Respondent Interex^Corporation
By
Authorized Axteht Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent
By
January 13 1988 Date
Millipore CorporationWaters Associates
Senior Vice President Title
-28shy
Cannons Engineering Corporation Administrative Order by Consent Bridgewater Removal Action
IT IS SO AGREED
Name of Respondent MONSANTO COMPANY iIs
Ishy t- r S S rr- -w ~
By
ff Title
Dote
-28shy
E00 3pound
IT IS SO AGREED
Name of Respondent
By
-IVCL
pound1
Title
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
POLAROID CORPORATION
VICE PRESIDENT AND SECRETARY Title
-28shy
IT IS SO AGREED
Name of Respondent Re eyeling Industries Inc
By
Authorized Agent title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent TECH- gTCM
By
Title
Date
-28shy
ATTACHMENT A
BRIDGEWATER CANNONS ENGINEERING CORPORATION SITE CONSENT ORDER WORK PLAN
I Introduction and Purpose
The purpose of this Consent Order Work Plan is to identify
response actions to be taKen by Respondents of the Site pursuant to
the foregoing Consent Order
I1 Scooe of Work
1 The following are the removal activities required by the
Consent Order
a Renov3- cf XTas-cs The following waste materials shall
oe roTcvo^ frcn the jte poundrd properly disposed of in accordance with
ail applj^oie erv r crrort1 laws and regulations
apprcxirrateiy 400 five-gallon pails containing
waste -atoral from inside the Equipment Building
This -aterial was previously located irsice the box
trailers
approximately 400 less than five-gallon pails which
have had the contents removed into two 55-gallon
drums
approximately one drum full and one drum 34 full
which were generated from the emptying of the above
mentioned less than five-gallon containers
-29shy
approximately 350 containers of laboratory reagents
which were abandoned in the laboratory inside the
Equipment Building
a container approximately one pint in volume
containing an unknown liquid which is considered to
be shock sensitive and will be treated as such
one five-gallon pail of bulked laboratory samples
one three-gallon pail of bulked laboratory samples
approximately 1000 gallons of aqueous waste
material contained in above-ground storage
containers which include less than 10 partially
filled druTs one dumpster and one tank trailer
appr- xiTately 25000 gallons of aqueous waste
material crrtained in the underground tanks
app r bull IT -ic-ly 500 gallons of waste oil determined
to contain a CB content of less than 2 parts per
appr c bull irrately two 55 gallon drums of materials
scraped from trailer bottoms
approximately two 55 gallon drums of contaminated
sorbent material from the equipment building floor
contaminated soil from opening area not to exceed
20 cubic yards
one 55 gallon drum approximately three-quarters
full of contaminated lab water from on-site
laboratory used during initial EPA removal
activities and
-30shy
approximately seventy-five 30 gallon garbage bags
containing contaminated protective clothing and
sampling implements
b Transportation of Wastes All of the above-described
wastes will be transported in accordance with all applicaole laws and
regulations including but not limited to all Department of
Transportation (DOT) regulations Additionally all containers
shipped off site and all vehicles carrying these containers will be
properly and completely labeled and placarded in accordance with all
applicable laws and regulations
c Disposal cf Wastes The Respondents shall make all
arrangerents necessary 10 accomplish the proper disposal of all of
the ebcve-cescribed wastes This shall include making available
disprsol perscrrel frr- -e selected disposal facility as needed to
ass-re hat the pack- J-TC snipping methods used meet the disposal
f a c i l i t y specifications f~r acceptance of wastes For elt ch waste
r-aterial ~z oe rencve-j ircr tre site the Respondents shall indicate
befcrc the waste is rerrcved frcrr the site the method of disposal the
name(s) of the facilityiies) to be utilized the compliance status of
the facility(ies) to be utilized the name(s) of transporter(s) to be
utilized the method of transport for each waste and the packaging
to be utilized
d Record of Disposal The Respondents shall provide EPA
with all paperwork documenting the location of all wastes that leave
the site This shall include all temporary storage facilities that
may be utilized before the waste reaches its final destination for
disposal All wastes removed from the site will be pursuant to an
-31shy
appropriate Hazardous Waste Manifest EPAs On-Scene Coordinator
will sign each manifest relating to the Anchor Tank material so as to
indicate that EPA is the generator of the Anchor Tank material being
removed from the site For all wastes that leave the site the
Respondents will supply information to include but not be limited
to the date of arrival and departure of each waste to or from each
facility a list of all wastes in question and the signature of the
company representative who accepted the wastes in question
Additionally for any waste that is incinerated or otherwise
destroyed the Respondents shall provide certification by a company
official of the facility destroying the waste that the waste was
ndeed destroyed ard by what nethod it was destroyed
e Site Postcraticn Before final demobilization the
^espcrv-- 3 shall restore the site to an acceptable degree This
-bullill ircl-de assur-rce tl-at no trash or waste materials or equipment
associated with any rf the removal activities is left on site Any
~aterjl including soil which has not been contaminated by site
rperatiors shall be returned to its original location
2 The following activities shall also be performed by
Respondents to fulfill the objectives of the Response Action
a Work Plan The Respondents shall prepare a Work Plan
consisting of all activities and subtasks The Work Plan shall
identify all deliverables to be produced during the Work Activities
including timetables for performance of the Work Activities and
production of the deliverables The Work Plan shall identify each
previously identified waste material to be removed from the site and
the Quality Assurance and Quality Control to be used during Work
-32shy
Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
-33shy
b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
-34shy
subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
-35shy
or property resulting from actions or omissions of Respondents in
carryinc out the activities pursuant to this Consent Order nor shall
EPA be held as a party to or in any other way liable under any
contract entered into by Respondents or by the Response Action
Contractor in carrying out the activities pursuant to this Consent
Order Except as otherwise herein set forth or agreed this Consent
Order shall not estop or limit any legal or equitable claims of the
United States against Respondents their agents contractors or
assigns including but not limited to claims related to releases of
hazardous substances gtr other pollutants or contaminants
45 Other laws All actions required to be taken pursuant to
-his Consent Order snail be undertaken in accordance with the
recjirererts of all appi icabl-e state and federal laws and regulashy
ticrs rcl-cirg laws rolatira to occupational safety and health and
ctrer federal envi r rctul laws as defined in current EPA policy
Otfer agencies nclJc -he Occupational Safety and Health
-crir 12 ration lOSi- -rd bull e fish and Wildlife Service (FiWS) may
oe called jpon to rev-- rc ccndjct of work under this Consent
Order In the event ihat there is a conflict in the application of
federal or state laws cr regulations the more stringent of the
conflicting provisions shall apply
46 Notice to the State Pursuant to the requirements of
Section 121(f) and 104(b)(2) of CERCLA as amended by SARA EPA has
notified the Commonwealth of Massachusetts of the scope of the
Response Action the negotiations with the potentially responsible
parties and of the issuance of this Consent Order
-26shy
47 Notice to the Federal Natural Resource Trustee Pursuant
to Sections 122(j) of SARA EPA has notified the Federal Natural
Resource Trustee of the scope of the Response Action the negotiation
with the potentially responsible parties and of the issuance of this
Consent Order
48 Separate Documents This Consent Order may be executed in
two or more counterparts each of which shall be deemed an original
but all of which together shall constitute one and the same
instrument
49 Effective Dare This Consent Order shall be effective upon
the date cf Respondents1 receipt of notice of signature by the
Seccrai Administrate- All times for performance of activities
jrcer -5 Consent Crder shall be calculated from that date
IT S SO AJPEID AND 3IRID iV
bullcr-e P leiarc Date
-27shy
IT IS SO AGREED
Name of Respondent ACUSHNET COMPANY
By Dale M Shenk Vice President and Controller
Title
January T 8 8 Date
-28shy
IT IS SO AGREED AMERICAN C^AMID COMPANY
Name of Respondent
By A JsJ Costello
Executive Vice President Title
bulljruary 1D3S Date
-28shy
IT IS SO AGREES
AMERICAN NATIONAL CAN CORPORATION Name cf Respondent
By S1U4uJ [ampJUULL~-~AT LAW
JAMES BALLS bull_
Title
JAMASY 7Date
198B
laquo By his signature hereon Janes Seller certifies that he has authority to bind Respondent to the terms of this agreement
-28shy
IT IS SO AGREED
ATampT Technologies Inc Name of Respondent
By ATampT-Engineering Vice President
Title
Date
-28shy
0 A
IT IS SO A G R E E D
Name of Respondent
By John L Fox
General Manager Title
January 6 T968 Date
-28shy
IT IS SO AGREED
Name of R e s p o n d e n t ^-
CHAMBERLAIN MANUFACTURING CORPORATION
By
General Co Title
Jaruar- D a t e
1988
-28shy
IT IS 60 AGREED
Name of Respondent ^ t~poundr llS^eL
Byj Richard Barth
Preeident fc Chief Executive Officer Title
CIBA-GEIGY corporation January 6 1988
Date
-28shy
IT IS SO AGREED
Name of Respondent Earthline Company fsCA
By
Authorized Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent FAIRCHILD SEMICONDUCTOR CORPORATION
By C R Bostic
Its Representative Title
January 4 1986 Date
-28shy
IT IS SO AGREED
Name of Respondent Franklin Pumping Service Inc
By
J I J (President)
1788 Date
-28shy
IT IS SO AGREED
Name of Respondent General Dynamics Corporation
By
Daniel S Hapke Assistant General Counsel T i t l e
4 January 1988 Date
-28shy
IT 18 SO AGREED i
of Ropondtnt
By
-28shy
In the Matter of Cannons Engineering Corporation Administrative Order by Consent
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
Hoechst Celane^e Corporation
Heinz X HofmeistermdashVice President Title
-28shy
IT IS SO AGREED
Name of Respondent HoffaeM-La Bocht Inc
By EB Anderson Senior Viet Prttident
Title
-28shy
P3 ICIO UflWDGFT GO JMN 0 8
XT IS SO ACREEDi
of Respondent rrt
bullyi
Jlflua r v 7 shym
IT IS SO AGREED
Name of Respondent Interex^Corporation
By
Authorized Axteht Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent
By
January 13 1988 Date
Millipore CorporationWaters Associates
Senior Vice President Title
-28shy
Cannons Engineering Corporation Administrative Order by Consent Bridgewater Removal Action
IT IS SO AGREED
Name of Respondent MONSANTO COMPANY iIs
Ishy t- r S S rr- -w ~
By
ff Title
Dote
-28shy
E00 3pound
IT IS SO AGREED
Name of Respondent
By
-IVCL
pound1
Title
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
POLAROID CORPORATION
VICE PRESIDENT AND SECRETARY Title
-28shy
IT IS SO AGREED
Name of Respondent Re eyeling Industries Inc
By
Authorized Agent title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent TECH- gTCM
By
Title
Date
-28shy
ATTACHMENT A
BRIDGEWATER CANNONS ENGINEERING CORPORATION SITE CONSENT ORDER WORK PLAN
I Introduction and Purpose
The purpose of this Consent Order Work Plan is to identify
response actions to be taKen by Respondents of the Site pursuant to
the foregoing Consent Order
I1 Scooe of Work
1 The following are the removal activities required by the
Consent Order
a Renov3- cf XTas-cs The following waste materials shall
oe roTcvo^ frcn the jte poundrd properly disposed of in accordance with
ail applj^oie erv r crrort1 laws and regulations
apprcxirrateiy 400 five-gallon pails containing
waste -atoral from inside the Equipment Building
This -aterial was previously located irsice the box
trailers
approximately 400 less than five-gallon pails which
have had the contents removed into two 55-gallon
drums
approximately one drum full and one drum 34 full
which were generated from the emptying of the above
mentioned less than five-gallon containers
-29shy
approximately 350 containers of laboratory reagents
which were abandoned in the laboratory inside the
Equipment Building
a container approximately one pint in volume
containing an unknown liquid which is considered to
be shock sensitive and will be treated as such
one five-gallon pail of bulked laboratory samples
one three-gallon pail of bulked laboratory samples
approximately 1000 gallons of aqueous waste
material contained in above-ground storage
containers which include less than 10 partially
filled druTs one dumpster and one tank trailer
appr- xiTately 25000 gallons of aqueous waste
material crrtained in the underground tanks
app r bull IT -ic-ly 500 gallons of waste oil determined
to contain a CB content of less than 2 parts per
appr c bull irrately two 55 gallon drums of materials
scraped from trailer bottoms
approximately two 55 gallon drums of contaminated
sorbent material from the equipment building floor
contaminated soil from opening area not to exceed
20 cubic yards
one 55 gallon drum approximately three-quarters
full of contaminated lab water from on-site
laboratory used during initial EPA removal
activities and
-30shy
approximately seventy-five 30 gallon garbage bags
containing contaminated protective clothing and
sampling implements
b Transportation of Wastes All of the above-described
wastes will be transported in accordance with all applicaole laws and
regulations including but not limited to all Department of
Transportation (DOT) regulations Additionally all containers
shipped off site and all vehicles carrying these containers will be
properly and completely labeled and placarded in accordance with all
applicable laws and regulations
c Disposal cf Wastes The Respondents shall make all
arrangerents necessary 10 accomplish the proper disposal of all of
the ebcve-cescribed wastes This shall include making available
disprsol perscrrel frr- -e selected disposal facility as needed to
ass-re hat the pack- J-TC snipping methods used meet the disposal
f a c i l i t y specifications f~r acceptance of wastes For elt ch waste
r-aterial ~z oe rencve-j ircr tre site the Respondents shall indicate
befcrc the waste is rerrcved frcrr the site the method of disposal the
name(s) of the facilityiies) to be utilized the compliance status of
the facility(ies) to be utilized the name(s) of transporter(s) to be
utilized the method of transport for each waste and the packaging
to be utilized
d Record of Disposal The Respondents shall provide EPA
with all paperwork documenting the location of all wastes that leave
the site This shall include all temporary storage facilities that
may be utilized before the waste reaches its final destination for
disposal All wastes removed from the site will be pursuant to an
-31shy
appropriate Hazardous Waste Manifest EPAs On-Scene Coordinator
will sign each manifest relating to the Anchor Tank material so as to
indicate that EPA is the generator of the Anchor Tank material being
removed from the site For all wastes that leave the site the
Respondents will supply information to include but not be limited
to the date of arrival and departure of each waste to or from each
facility a list of all wastes in question and the signature of the
company representative who accepted the wastes in question
Additionally for any waste that is incinerated or otherwise
destroyed the Respondents shall provide certification by a company
official of the facility destroying the waste that the waste was
ndeed destroyed ard by what nethod it was destroyed
e Site Postcraticn Before final demobilization the
^espcrv-- 3 shall restore the site to an acceptable degree This
-bullill ircl-de assur-rce tl-at no trash or waste materials or equipment
associated with any rf the removal activities is left on site Any
~aterjl including soil which has not been contaminated by site
rperatiors shall be returned to its original location
2 The following activities shall also be performed by
Respondents to fulfill the objectives of the Response Action
a Work Plan The Respondents shall prepare a Work Plan
consisting of all activities and subtasks The Work Plan shall
identify all deliverables to be produced during the Work Activities
including timetables for performance of the Work Activities and
production of the deliverables The Work Plan shall identify each
previously identified waste material to be removed from the site and
the Quality Assurance and Quality Control to be used during Work
-32shy
Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
-33shy
b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
-34shy
subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
-35shy
47 Notice to the Federal Natural Resource Trustee Pursuant
to Sections 122(j) of SARA EPA has notified the Federal Natural
Resource Trustee of the scope of the Response Action the negotiation
with the potentially responsible parties and of the issuance of this
Consent Order
48 Separate Documents This Consent Order may be executed in
two or more counterparts each of which shall be deemed an original
but all of which together shall constitute one and the same
instrument
49 Effective Dare This Consent Order shall be effective upon
the date cf Respondents1 receipt of notice of signature by the
Seccrai Administrate- All times for performance of activities
jrcer -5 Consent Crder shall be calculated from that date
IT S SO AJPEID AND 3IRID iV
bullcr-e P leiarc Date
-27shy
IT IS SO AGREED
Name of Respondent ACUSHNET COMPANY
By Dale M Shenk Vice President and Controller
Title
January T 8 8 Date
-28shy
IT IS SO AGREED AMERICAN C^AMID COMPANY
Name of Respondent
By A JsJ Costello
Executive Vice President Title
bulljruary 1D3S Date
-28shy
IT IS SO AGREES
AMERICAN NATIONAL CAN CORPORATION Name cf Respondent
By S1U4uJ [ampJUULL~-~AT LAW
JAMES BALLS bull_
Title
JAMASY 7Date
198B
laquo By his signature hereon Janes Seller certifies that he has authority to bind Respondent to the terms of this agreement
-28shy
IT IS SO AGREED
ATampT Technologies Inc Name of Respondent
By ATampT-Engineering Vice President
Title
Date
-28shy
0 A
IT IS SO A G R E E D
Name of Respondent
By John L Fox
General Manager Title
January 6 T968 Date
-28shy
IT IS SO AGREED
Name of R e s p o n d e n t ^-
CHAMBERLAIN MANUFACTURING CORPORATION
By
General Co Title
Jaruar- D a t e
1988
-28shy
IT IS 60 AGREED
Name of Respondent ^ t~poundr llS^eL
Byj Richard Barth
Preeident fc Chief Executive Officer Title
CIBA-GEIGY corporation January 6 1988
Date
-28shy
IT IS SO AGREED
Name of Respondent Earthline Company fsCA
By
Authorized Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent FAIRCHILD SEMICONDUCTOR CORPORATION
By C R Bostic
Its Representative Title
January 4 1986 Date
-28shy
IT IS SO AGREED
Name of Respondent Franklin Pumping Service Inc
By
J I J (President)
1788 Date
-28shy
IT IS SO AGREED
Name of Respondent General Dynamics Corporation
By
Daniel S Hapke Assistant General Counsel T i t l e
4 January 1988 Date
-28shy
IT 18 SO AGREED i
of Ropondtnt
By
-28shy
In the Matter of Cannons Engineering Corporation Administrative Order by Consent
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
Hoechst Celane^e Corporation
Heinz X HofmeistermdashVice President Title
-28shy
IT IS SO AGREED
Name of Respondent HoffaeM-La Bocht Inc
By EB Anderson Senior Viet Prttident
Title
-28shy
P3 ICIO UflWDGFT GO JMN 0 8
XT IS SO ACREEDi
of Respondent rrt
bullyi
Jlflua r v 7 shym
IT IS SO AGREED
Name of Respondent Interex^Corporation
By
Authorized Axteht Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent
By
January 13 1988 Date
Millipore CorporationWaters Associates
Senior Vice President Title
-28shy
Cannons Engineering Corporation Administrative Order by Consent Bridgewater Removal Action
IT IS SO AGREED
Name of Respondent MONSANTO COMPANY iIs
Ishy t- r S S rr- -w ~
By
ff Title
Dote
-28shy
E00 3pound
IT IS SO AGREED
Name of Respondent
By
-IVCL
pound1
Title
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
POLAROID CORPORATION
VICE PRESIDENT AND SECRETARY Title
-28shy
IT IS SO AGREED
Name of Respondent Re eyeling Industries Inc
By
Authorized Agent title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent TECH- gTCM
By
Title
Date
-28shy
ATTACHMENT A
BRIDGEWATER CANNONS ENGINEERING CORPORATION SITE CONSENT ORDER WORK PLAN
I Introduction and Purpose
The purpose of this Consent Order Work Plan is to identify
response actions to be taKen by Respondents of the Site pursuant to
the foregoing Consent Order
I1 Scooe of Work
1 The following are the removal activities required by the
Consent Order
a Renov3- cf XTas-cs The following waste materials shall
oe roTcvo^ frcn the jte poundrd properly disposed of in accordance with
ail applj^oie erv r crrort1 laws and regulations
apprcxirrateiy 400 five-gallon pails containing
waste -atoral from inside the Equipment Building
This -aterial was previously located irsice the box
trailers
approximately 400 less than five-gallon pails which
have had the contents removed into two 55-gallon
drums
approximately one drum full and one drum 34 full
which were generated from the emptying of the above
mentioned less than five-gallon containers
-29shy
approximately 350 containers of laboratory reagents
which were abandoned in the laboratory inside the
Equipment Building
a container approximately one pint in volume
containing an unknown liquid which is considered to
be shock sensitive and will be treated as such
one five-gallon pail of bulked laboratory samples
one three-gallon pail of bulked laboratory samples
approximately 1000 gallons of aqueous waste
material contained in above-ground storage
containers which include less than 10 partially
filled druTs one dumpster and one tank trailer
appr- xiTately 25000 gallons of aqueous waste
material crrtained in the underground tanks
app r bull IT -ic-ly 500 gallons of waste oil determined
to contain a CB content of less than 2 parts per
appr c bull irrately two 55 gallon drums of materials
scraped from trailer bottoms
approximately two 55 gallon drums of contaminated
sorbent material from the equipment building floor
contaminated soil from opening area not to exceed
20 cubic yards
one 55 gallon drum approximately three-quarters
full of contaminated lab water from on-site
laboratory used during initial EPA removal
activities and
-30shy
approximately seventy-five 30 gallon garbage bags
containing contaminated protective clothing and
sampling implements
b Transportation of Wastes All of the above-described
wastes will be transported in accordance with all applicaole laws and
regulations including but not limited to all Department of
Transportation (DOT) regulations Additionally all containers
shipped off site and all vehicles carrying these containers will be
properly and completely labeled and placarded in accordance with all
applicable laws and regulations
c Disposal cf Wastes The Respondents shall make all
arrangerents necessary 10 accomplish the proper disposal of all of
the ebcve-cescribed wastes This shall include making available
disprsol perscrrel frr- -e selected disposal facility as needed to
ass-re hat the pack- J-TC snipping methods used meet the disposal
f a c i l i t y specifications f~r acceptance of wastes For elt ch waste
r-aterial ~z oe rencve-j ircr tre site the Respondents shall indicate
befcrc the waste is rerrcved frcrr the site the method of disposal the
name(s) of the facilityiies) to be utilized the compliance status of
the facility(ies) to be utilized the name(s) of transporter(s) to be
utilized the method of transport for each waste and the packaging
to be utilized
d Record of Disposal The Respondents shall provide EPA
with all paperwork documenting the location of all wastes that leave
the site This shall include all temporary storage facilities that
may be utilized before the waste reaches its final destination for
disposal All wastes removed from the site will be pursuant to an
-31shy
appropriate Hazardous Waste Manifest EPAs On-Scene Coordinator
will sign each manifest relating to the Anchor Tank material so as to
indicate that EPA is the generator of the Anchor Tank material being
removed from the site For all wastes that leave the site the
Respondents will supply information to include but not be limited
to the date of arrival and departure of each waste to or from each
facility a list of all wastes in question and the signature of the
company representative who accepted the wastes in question
Additionally for any waste that is incinerated or otherwise
destroyed the Respondents shall provide certification by a company
official of the facility destroying the waste that the waste was
ndeed destroyed ard by what nethod it was destroyed
e Site Postcraticn Before final demobilization the
^espcrv-- 3 shall restore the site to an acceptable degree This
-bullill ircl-de assur-rce tl-at no trash or waste materials or equipment
associated with any rf the removal activities is left on site Any
~aterjl including soil which has not been contaminated by site
rperatiors shall be returned to its original location
2 The following activities shall also be performed by
Respondents to fulfill the objectives of the Response Action
a Work Plan The Respondents shall prepare a Work Plan
consisting of all activities and subtasks The Work Plan shall
identify all deliverables to be produced during the Work Activities
including timetables for performance of the Work Activities and
production of the deliverables The Work Plan shall identify each
previously identified waste material to be removed from the site and
the Quality Assurance and Quality Control to be used during Work
-32shy
Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
-33shy
b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
-34shy
subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
-35shy
IT IS SO AGREED
Name of Respondent ACUSHNET COMPANY
By Dale M Shenk Vice President and Controller
Title
January T 8 8 Date
-28shy
IT IS SO AGREED AMERICAN C^AMID COMPANY
Name of Respondent
By A JsJ Costello
Executive Vice President Title
bulljruary 1D3S Date
-28shy
IT IS SO AGREES
AMERICAN NATIONAL CAN CORPORATION Name cf Respondent
By S1U4uJ [ampJUULL~-~AT LAW
JAMES BALLS bull_
Title
JAMASY 7Date
198B
laquo By his signature hereon Janes Seller certifies that he has authority to bind Respondent to the terms of this agreement
-28shy
IT IS SO AGREED
ATampT Technologies Inc Name of Respondent
By ATampT-Engineering Vice President
Title
Date
-28shy
0 A
IT IS SO A G R E E D
Name of Respondent
By John L Fox
General Manager Title
January 6 T968 Date
-28shy
IT IS SO AGREED
Name of R e s p o n d e n t ^-
CHAMBERLAIN MANUFACTURING CORPORATION
By
General Co Title
Jaruar- D a t e
1988
-28shy
IT IS 60 AGREED
Name of Respondent ^ t~poundr llS^eL
Byj Richard Barth
Preeident fc Chief Executive Officer Title
CIBA-GEIGY corporation January 6 1988
Date
-28shy
IT IS SO AGREED
Name of Respondent Earthline Company fsCA
By
Authorized Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent FAIRCHILD SEMICONDUCTOR CORPORATION
By C R Bostic
Its Representative Title
January 4 1986 Date
-28shy
IT IS SO AGREED
Name of Respondent Franklin Pumping Service Inc
By
J I J (President)
1788 Date
-28shy
IT IS SO AGREED
Name of Respondent General Dynamics Corporation
By
Daniel S Hapke Assistant General Counsel T i t l e
4 January 1988 Date
-28shy
IT 18 SO AGREED i
of Ropondtnt
By
-28shy
In the Matter of Cannons Engineering Corporation Administrative Order by Consent
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
Hoechst Celane^e Corporation
Heinz X HofmeistermdashVice President Title
-28shy
IT IS SO AGREED
Name of Respondent HoffaeM-La Bocht Inc
By EB Anderson Senior Viet Prttident
Title
-28shy
P3 ICIO UflWDGFT GO JMN 0 8
XT IS SO ACREEDi
of Respondent rrt
bullyi
Jlflua r v 7 shym
IT IS SO AGREED
Name of Respondent Interex^Corporation
By
Authorized Axteht Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent
By
January 13 1988 Date
Millipore CorporationWaters Associates
Senior Vice President Title
-28shy
Cannons Engineering Corporation Administrative Order by Consent Bridgewater Removal Action
IT IS SO AGREED
Name of Respondent MONSANTO COMPANY iIs
Ishy t- r S S rr- -w ~
By
ff Title
Dote
-28shy
E00 3pound
IT IS SO AGREED
Name of Respondent
By
-IVCL
pound1
Title
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
POLAROID CORPORATION
VICE PRESIDENT AND SECRETARY Title
-28shy
IT IS SO AGREED
Name of Respondent Re eyeling Industries Inc
By
Authorized Agent title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent TECH- gTCM
By
Title
Date
-28shy
ATTACHMENT A
BRIDGEWATER CANNONS ENGINEERING CORPORATION SITE CONSENT ORDER WORK PLAN
I Introduction and Purpose
The purpose of this Consent Order Work Plan is to identify
response actions to be taKen by Respondents of the Site pursuant to
the foregoing Consent Order
I1 Scooe of Work
1 The following are the removal activities required by the
Consent Order
a Renov3- cf XTas-cs The following waste materials shall
oe roTcvo^ frcn the jte poundrd properly disposed of in accordance with
ail applj^oie erv r crrort1 laws and regulations
apprcxirrateiy 400 five-gallon pails containing
waste -atoral from inside the Equipment Building
This -aterial was previously located irsice the box
trailers
approximately 400 less than five-gallon pails which
have had the contents removed into two 55-gallon
drums
approximately one drum full and one drum 34 full
which were generated from the emptying of the above
mentioned less than five-gallon containers
-29shy
approximately 350 containers of laboratory reagents
which were abandoned in the laboratory inside the
Equipment Building
a container approximately one pint in volume
containing an unknown liquid which is considered to
be shock sensitive and will be treated as such
one five-gallon pail of bulked laboratory samples
one three-gallon pail of bulked laboratory samples
approximately 1000 gallons of aqueous waste
material contained in above-ground storage
containers which include less than 10 partially
filled druTs one dumpster and one tank trailer
appr- xiTately 25000 gallons of aqueous waste
material crrtained in the underground tanks
app r bull IT -ic-ly 500 gallons of waste oil determined
to contain a CB content of less than 2 parts per
appr c bull irrately two 55 gallon drums of materials
scraped from trailer bottoms
approximately two 55 gallon drums of contaminated
sorbent material from the equipment building floor
contaminated soil from opening area not to exceed
20 cubic yards
one 55 gallon drum approximately three-quarters
full of contaminated lab water from on-site
laboratory used during initial EPA removal
activities and
-30shy
approximately seventy-five 30 gallon garbage bags
containing contaminated protective clothing and
sampling implements
b Transportation of Wastes All of the above-described
wastes will be transported in accordance with all applicaole laws and
regulations including but not limited to all Department of
Transportation (DOT) regulations Additionally all containers
shipped off site and all vehicles carrying these containers will be
properly and completely labeled and placarded in accordance with all
applicable laws and regulations
c Disposal cf Wastes The Respondents shall make all
arrangerents necessary 10 accomplish the proper disposal of all of
the ebcve-cescribed wastes This shall include making available
disprsol perscrrel frr- -e selected disposal facility as needed to
ass-re hat the pack- J-TC snipping methods used meet the disposal
f a c i l i t y specifications f~r acceptance of wastes For elt ch waste
r-aterial ~z oe rencve-j ircr tre site the Respondents shall indicate
befcrc the waste is rerrcved frcrr the site the method of disposal the
name(s) of the facilityiies) to be utilized the compliance status of
the facility(ies) to be utilized the name(s) of transporter(s) to be
utilized the method of transport for each waste and the packaging
to be utilized
d Record of Disposal The Respondents shall provide EPA
with all paperwork documenting the location of all wastes that leave
the site This shall include all temporary storage facilities that
may be utilized before the waste reaches its final destination for
disposal All wastes removed from the site will be pursuant to an
-31shy
appropriate Hazardous Waste Manifest EPAs On-Scene Coordinator
will sign each manifest relating to the Anchor Tank material so as to
indicate that EPA is the generator of the Anchor Tank material being
removed from the site For all wastes that leave the site the
Respondents will supply information to include but not be limited
to the date of arrival and departure of each waste to or from each
facility a list of all wastes in question and the signature of the
company representative who accepted the wastes in question
Additionally for any waste that is incinerated or otherwise
destroyed the Respondents shall provide certification by a company
official of the facility destroying the waste that the waste was
ndeed destroyed ard by what nethod it was destroyed
e Site Postcraticn Before final demobilization the
^espcrv-- 3 shall restore the site to an acceptable degree This
-bullill ircl-de assur-rce tl-at no trash or waste materials or equipment
associated with any rf the removal activities is left on site Any
~aterjl including soil which has not been contaminated by site
rperatiors shall be returned to its original location
2 The following activities shall also be performed by
Respondents to fulfill the objectives of the Response Action
a Work Plan The Respondents shall prepare a Work Plan
consisting of all activities and subtasks The Work Plan shall
identify all deliverables to be produced during the Work Activities
including timetables for performance of the Work Activities and
production of the deliverables The Work Plan shall identify each
previously identified waste material to be removed from the site and
the Quality Assurance and Quality Control to be used during Work
-32shy
Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
-33shy
b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
-34shy
subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
-35shy
IT IS SO AGREED AMERICAN C^AMID COMPANY
Name of Respondent
By A JsJ Costello
Executive Vice President Title
bulljruary 1D3S Date
-28shy
IT IS SO AGREES
AMERICAN NATIONAL CAN CORPORATION Name cf Respondent
By S1U4uJ [ampJUULL~-~AT LAW
JAMES BALLS bull_
Title
JAMASY 7Date
198B
laquo By his signature hereon Janes Seller certifies that he has authority to bind Respondent to the terms of this agreement
-28shy
IT IS SO AGREED
ATampT Technologies Inc Name of Respondent
By ATampT-Engineering Vice President
Title
Date
-28shy
0 A
IT IS SO A G R E E D
Name of Respondent
By John L Fox
General Manager Title
January 6 T968 Date
-28shy
IT IS SO AGREED
Name of R e s p o n d e n t ^-
CHAMBERLAIN MANUFACTURING CORPORATION
By
General Co Title
Jaruar- D a t e
1988
-28shy
IT IS 60 AGREED
Name of Respondent ^ t~poundr llS^eL
Byj Richard Barth
Preeident fc Chief Executive Officer Title
CIBA-GEIGY corporation January 6 1988
Date
-28shy
IT IS SO AGREED
Name of Respondent Earthline Company fsCA
By
Authorized Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent FAIRCHILD SEMICONDUCTOR CORPORATION
By C R Bostic
Its Representative Title
January 4 1986 Date
-28shy
IT IS SO AGREED
Name of Respondent Franklin Pumping Service Inc
By
J I J (President)
1788 Date
-28shy
IT IS SO AGREED
Name of Respondent General Dynamics Corporation
By
Daniel S Hapke Assistant General Counsel T i t l e
4 January 1988 Date
-28shy
IT 18 SO AGREED i
of Ropondtnt
By
-28shy
In the Matter of Cannons Engineering Corporation Administrative Order by Consent
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
Hoechst Celane^e Corporation
Heinz X HofmeistermdashVice President Title
-28shy
IT IS SO AGREED
Name of Respondent HoffaeM-La Bocht Inc
By EB Anderson Senior Viet Prttident
Title
-28shy
P3 ICIO UflWDGFT GO JMN 0 8
XT IS SO ACREEDi
of Respondent rrt
bullyi
Jlflua r v 7 shym
IT IS SO AGREED
Name of Respondent Interex^Corporation
By
Authorized Axteht Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent
By
January 13 1988 Date
Millipore CorporationWaters Associates
Senior Vice President Title
-28shy
Cannons Engineering Corporation Administrative Order by Consent Bridgewater Removal Action
IT IS SO AGREED
Name of Respondent MONSANTO COMPANY iIs
Ishy t- r S S rr- -w ~
By
ff Title
Dote
-28shy
E00 3pound
IT IS SO AGREED
Name of Respondent
By
-IVCL
pound1
Title
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
POLAROID CORPORATION
VICE PRESIDENT AND SECRETARY Title
-28shy
IT IS SO AGREED
Name of Respondent Re eyeling Industries Inc
By
Authorized Agent title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent TECH- gTCM
By
Title
Date
-28shy
ATTACHMENT A
BRIDGEWATER CANNONS ENGINEERING CORPORATION SITE CONSENT ORDER WORK PLAN
I Introduction and Purpose
The purpose of this Consent Order Work Plan is to identify
response actions to be taKen by Respondents of the Site pursuant to
the foregoing Consent Order
I1 Scooe of Work
1 The following are the removal activities required by the
Consent Order
a Renov3- cf XTas-cs The following waste materials shall
oe roTcvo^ frcn the jte poundrd properly disposed of in accordance with
ail applj^oie erv r crrort1 laws and regulations
apprcxirrateiy 400 five-gallon pails containing
waste -atoral from inside the Equipment Building
This -aterial was previously located irsice the box
trailers
approximately 400 less than five-gallon pails which
have had the contents removed into two 55-gallon
drums
approximately one drum full and one drum 34 full
which were generated from the emptying of the above
mentioned less than five-gallon containers
-29shy
approximately 350 containers of laboratory reagents
which were abandoned in the laboratory inside the
Equipment Building
a container approximately one pint in volume
containing an unknown liquid which is considered to
be shock sensitive and will be treated as such
one five-gallon pail of bulked laboratory samples
one three-gallon pail of bulked laboratory samples
approximately 1000 gallons of aqueous waste
material contained in above-ground storage
containers which include less than 10 partially
filled druTs one dumpster and one tank trailer
appr- xiTately 25000 gallons of aqueous waste
material crrtained in the underground tanks
app r bull IT -ic-ly 500 gallons of waste oil determined
to contain a CB content of less than 2 parts per
appr c bull irrately two 55 gallon drums of materials
scraped from trailer bottoms
approximately two 55 gallon drums of contaminated
sorbent material from the equipment building floor
contaminated soil from opening area not to exceed
20 cubic yards
one 55 gallon drum approximately three-quarters
full of contaminated lab water from on-site
laboratory used during initial EPA removal
activities and
-30shy
approximately seventy-five 30 gallon garbage bags
containing contaminated protective clothing and
sampling implements
b Transportation of Wastes All of the above-described
wastes will be transported in accordance with all applicaole laws and
regulations including but not limited to all Department of
Transportation (DOT) regulations Additionally all containers
shipped off site and all vehicles carrying these containers will be
properly and completely labeled and placarded in accordance with all
applicable laws and regulations
c Disposal cf Wastes The Respondents shall make all
arrangerents necessary 10 accomplish the proper disposal of all of
the ebcve-cescribed wastes This shall include making available
disprsol perscrrel frr- -e selected disposal facility as needed to
ass-re hat the pack- J-TC snipping methods used meet the disposal
f a c i l i t y specifications f~r acceptance of wastes For elt ch waste
r-aterial ~z oe rencve-j ircr tre site the Respondents shall indicate
befcrc the waste is rerrcved frcrr the site the method of disposal the
name(s) of the facilityiies) to be utilized the compliance status of
the facility(ies) to be utilized the name(s) of transporter(s) to be
utilized the method of transport for each waste and the packaging
to be utilized
d Record of Disposal The Respondents shall provide EPA
with all paperwork documenting the location of all wastes that leave
the site This shall include all temporary storage facilities that
may be utilized before the waste reaches its final destination for
disposal All wastes removed from the site will be pursuant to an
-31shy
appropriate Hazardous Waste Manifest EPAs On-Scene Coordinator
will sign each manifest relating to the Anchor Tank material so as to
indicate that EPA is the generator of the Anchor Tank material being
removed from the site For all wastes that leave the site the
Respondents will supply information to include but not be limited
to the date of arrival and departure of each waste to or from each
facility a list of all wastes in question and the signature of the
company representative who accepted the wastes in question
Additionally for any waste that is incinerated or otherwise
destroyed the Respondents shall provide certification by a company
official of the facility destroying the waste that the waste was
ndeed destroyed ard by what nethod it was destroyed
e Site Postcraticn Before final demobilization the
^espcrv-- 3 shall restore the site to an acceptable degree This
-bullill ircl-de assur-rce tl-at no trash or waste materials or equipment
associated with any rf the removal activities is left on site Any
~aterjl including soil which has not been contaminated by site
rperatiors shall be returned to its original location
2 The following activities shall also be performed by
Respondents to fulfill the objectives of the Response Action
a Work Plan The Respondents shall prepare a Work Plan
consisting of all activities and subtasks The Work Plan shall
identify all deliverables to be produced during the Work Activities
including timetables for performance of the Work Activities and
production of the deliverables The Work Plan shall identify each
previously identified waste material to be removed from the site and
the Quality Assurance and Quality Control to be used during Work
-32shy
Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
-33shy
b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
-34shy
subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
-35shy
IT IS SO AGREES
AMERICAN NATIONAL CAN CORPORATION Name cf Respondent
By S1U4uJ [ampJUULL~-~AT LAW
JAMES BALLS bull_
Title
JAMASY 7Date
198B
laquo By his signature hereon Janes Seller certifies that he has authority to bind Respondent to the terms of this agreement
-28shy
IT IS SO AGREED
ATampT Technologies Inc Name of Respondent
By ATampT-Engineering Vice President
Title
Date
-28shy
0 A
IT IS SO A G R E E D
Name of Respondent
By John L Fox
General Manager Title
January 6 T968 Date
-28shy
IT IS SO AGREED
Name of R e s p o n d e n t ^-
CHAMBERLAIN MANUFACTURING CORPORATION
By
General Co Title
Jaruar- D a t e
1988
-28shy
IT IS 60 AGREED
Name of Respondent ^ t~poundr llS^eL
Byj Richard Barth
Preeident fc Chief Executive Officer Title
CIBA-GEIGY corporation January 6 1988
Date
-28shy
IT IS SO AGREED
Name of Respondent Earthline Company fsCA
By
Authorized Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent FAIRCHILD SEMICONDUCTOR CORPORATION
By C R Bostic
Its Representative Title
January 4 1986 Date
-28shy
IT IS SO AGREED
Name of Respondent Franklin Pumping Service Inc
By
J I J (President)
1788 Date
-28shy
IT IS SO AGREED
Name of Respondent General Dynamics Corporation
By
Daniel S Hapke Assistant General Counsel T i t l e
4 January 1988 Date
-28shy
IT 18 SO AGREED i
of Ropondtnt
By
-28shy
In the Matter of Cannons Engineering Corporation Administrative Order by Consent
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
Hoechst Celane^e Corporation
Heinz X HofmeistermdashVice President Title
-28shy
IT IS SO AGREED
Name of Respondent HoffaeM-La Bocht Inc
By EB Anderson Senior Viet Prttident
Title
-28shy
P3 ICIO UflWDGFT GO JMN 0 8
XT IS SO ACREEDi
of Respondent rrt
bullyi
Jlflua r v 7 shym
IT IS SO AGREED
Name of Respondent Interex^Corporation
By
Authorized Axteht Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent
By
January 13 1988 Date
Millipore CorporationWaters Associates
Senior Vice President Title
-28shy
Cannons Engineering Corporation Administrative Order by Consent Bridgewater Removal Action
IT IS SO AGREED
Name of Respondent MONSANTO COMPANY iIs
Ishy t- r S S rr- -w ~
By
ff Title
Dote
-28shy
E00 3pound
IT IS SO AGREED
Name of Respondent
By
-IVCL
pound1
Title
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
POLAROID CORPORATION
VICE PRESIDENT AND SECRETARY Title
-28shy
IT IS SO AGREED
Name of Respondent Re eyeling Industries Inc
By
Authorized Agent title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent TECH- gTCM
By
Title
Date
-28shy
ATTACHMENT A
BRIDGEWATER CANNONS ENGINEERING CORPORATION SITE CONSENT ORDER WORK PLAN
I Introduction and Purpose
The purpose of this Consent Order Work Plan is to identify
response actions to be taKen by Respondents of the Site pursuant to
the foregoing Consent Order
I1 Scooe of Work
1 The following are the removal activities required by the
Consent Order
a Renov3- cf XTas-cs The following waste materials shall
oe roTcvo^ frcn the jte poundrd properly disposed of in accordance with
ail applj^oie erv r crrort1 laws and regulations
apprcxirrateiy 400 five-gallon pails containing
waste -atoral from inside the Equipment Building
This -aterial was previously located irsice the box
trailers
approximately 400 less than five-gallon pails which
have had the contents removed into two 55-gallon
drums
approximately one drum full and one drum 34 full
which were generated from the emptying of the above
mentioned less than five-gallon containers
-29shy
approximately 350 containers of laboratory reagents
which were abandoned in the laboratory inside the
Equipment Building
a container approximately one pint in volume
containing an unknown liquid which is considered to
be shock sensitive and will be treated as such
one five-gallon pail of bulked laboratory samples
one three-gallon pail of bulked laboratory samples
approximately 1000 gallons of aqueous waste
material contained in above-ground storage
containers which include less than 10 partially
filled druTs one dumpster and one tank trailer
appr- xiTately 25000 gallons of aqueous waste
material crrtained in the underground tanks
app r bull IT -ic-ly 500 gallons of waste oil determined
to contain a CB content of less than 2 parts per
appr c bull irrately two 55 gallon drums of materials
scraped from trailer bottoms
approximately two 55 gallon drums of contaminated
sorbent material from the equipment building floor
contaminated soil from opening area not to exceed
20 cubic yards
one 55 gallon drum approximately three-quarters
full of contaminated lab water from on-site
laboratory used during initial EPA removal
activities and
-30shy
approximately seventy-five 30 gallon garbage bags
containing contaminated protective clothing and
sampling implements
b Transportation of Wastes All of the above-described
wastes will be transported in accordance with all applicaole laws and
regulations including but not limited to all Department of
Transportation (DOT) regulations Additionally all containers
shipped off site and all vehicles carrying these containers will be
properly and completely labeled and placarded in accordance with all
applicable laws and regulations
c Disposal cf Wastes The Respondents shall make all
arrangerents necessary 10 accomplish the proper disposal of all of
the ebcve-cescribed wastes This shall include making available
disprsol perscrrel frr- -e selected disposal facility as needed to
ass-re hat the pack- J-TC snipping methods used meet the disposal
f a c i l i t y specifications f~r acceptance of wastes For elt ch waste
r-aterial ~z oe rencve-j ircr tre site the Respondents shall indicate
befcrc the waste is rerrcved frcrr the site the method of disposal the
name(s) of the facilityiies) to be utilized the compliance status of
the facility(ies) to be utilized the name(s) of transporter(s) to be
utilized the method of transport for each waste and the packaging
to be utilized
d Record of Disposal The Respondents shall provide EPA
with all paperwork documenting the location of all wastes that leave
the site This shall include all temporary storage facilities that
may be utilized before the waste reaches its final destination for
disposal All wastes removed from the site will be pursuant to an
-31shy
appropriate Hazardous Waste Manifest EPAs On-Scene Coordinator
will sign each manifest relating to the Anchor Tank material so as to
indicate that EPA is the generator of the Anchor Tank material being
removed from the site For all wastes that leave the site the
Respondents will supply information to include but not be limited
to the date of arrival and departure of each waste to or from each
facility a list of all wastes in question and the signature of the
company representative who accepted the wastes in question
Additionally for any waste that is incinerated or otherwise
destroyed the Respondents shall provide certification by a company
official of the facility destroying the waste that the waste was
ndeed destroyed ard by what nethod it was destroyed
e Site Postcraticn Before final demobilization the
^espcrv-- 3 shall restore the site to an acceptable degree This
-bullill ircl-de assur-rce tl-at no trash or waste materials or equipment
associated with any rf the removal activities is left on site Any
~aterjl including soil which has not been contaminated by site
rperatiors shall be returned to its original location
2 The following activities shall also be performed by
Respondents to fulfill the objectives of the Response Action
a Work Plan The Respondents shall prepare a Work Plan
consisting of all activities and subtasks The Work Plan shall
identify all deliverables to be produced during the Work Activities
including timetables for performance of the Work Activities and
production of the deliverables The Work Plan shall identify each
previously identified waste material to be removed from the site and
the Quality Assurance and Quality Control to be used during Work
-32shy
Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
-33shy
b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
-34shy
subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
-35shy
IT IS SO AGREED
ATampT Technologies Inc Name of Respondent
By ATampT-Engineering Vice President
Title
Date
-28shy
0 A
IT IS SO A G R E E D
Name of Respondent
By John L Fox
General Manager Title
January 6 T968 Date
-28shy
IT IS SO AGREED
Name of R e s p o n d e n t ^-
CHAMBERLAIN MANUFACTURING CORPORATION
By
General Co Title
Jaruar- D a t e
1988
-28shy
IT IS 60 AGREED
Name of Respondent ^ t~poundr llS^eL
Byj Richard Barth
Preeident fc Chief Executive Officer Title
CIBA-GEIGY corporation January 6 1988
Date
-28shy
IT IS SO AGREED
Name of Respondent Earthline Company fsCA
By
Authorized Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent FAIRCHILD SEMICONDUCTOR CORPORATION
By C R Bostic
Its Representative Title
January 4 1986 Date
-28shy
IT IS SO AGREED
Name of Respondent Franklin Pumping Service Inc
By
J I J (President)
1788 Date
-28shy
IT IS SO AGREED
Name of Respondent General Dynamics Corporation
By
Daniel S Hapke Assistant General Counsel T i t l e
4 January 1988 Date
-28shy
IT 18 SO AGREED i
of Ropondtnt
By
-28shy
In the Matter of Cannons Engineering Corporation Administrative Order by Consent
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
Hoechst Celane^e Corporation
Heinz X HofmeistermdashVice President Title
-28shy
IT IS SO AGREED
Name of Respondent HoffaeM-La Bocht Inc
By EB Anderson Senior Viet Prttident
Title
-28shy
P3 ICIO UflWDGFT GO JMN 0 8
XT IS SO ACREEDi
of Respondent rrt
bullyi
Jlflua r v 7 shym
IT IS SO AGREED
Name of Respondent Interex^Corporation
By
Authorized Axteht Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent
By
January 13 1988 Date
Millipore CorporationWaters Associates
Senior Vice President Title
-28shy
Cannons Engineering Corporation Administrative Order by Consent Bridgewater Removal Action
IT IS SO AGREED
Name of Respondent MONSANTO COMPANY iIs
Ishy t- r S S rr- -w ~
By
ff Title
Dote
-28shy
E00 3pound
IT IS SO AGREED
Name of Respondent
By
-IVCL
pound1
Title
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
POLAROID CORPORATION
VICE PRESIDENT AND SECRETARY Title
-28shy
IT IS SO AGREED
Name of Respondent Re eyeling Industries Inc
By
Authorized Agent title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent TECH- gTCM
By
Title
Date
-28shy
ATTACHMENT A
BRIDGEWATER CANNONS ENGINEERING CORPORATION SITE CONSENT ORDER WORK PLAN
I Introduction and Purpose
The purpose of this Consent Order Work Plan is to identify
response actions to be taKen by Respondents of the Site pursuant to
the foregoing Consent Order
I1 Scooe of Work
1 The following are the removal activities required by the
Consent Order
a Renov3- cf XTas-cs The following waste materials shall
oe roTcvo^ frcn the jte poundrd properly disposed of in accordance with
ail applj^oie erv r crrort1 laws and regulations
apprcxirrateiy 400 five-gallon pails containing
waste -atoral from inside the Equipment Building
This -aterial was previously located irsice the box
trailers
approximately 400 less than five-gallon pails which
have had the contents removed into two 55-gallon
drums
approximately one drum full and one drum 34 full
which were generated from the emptying of the above
mentioned less than five-gallon containers
-29shy
approximately 350 containers of laboratory reagents
which were abandoned in the laboratory inside the
Equipment Building
a container approximately one pint in volume
containing an unknown liquid which is considered to
be shock sensitive and will be treated as such
one five-gallon pail of bulked laboratory samples
one three-gallon pail of bulked laboratory samples
approximately 1000 gallons of aqueous waste
material contained in above-ground storage
containers which include less than 10 partially
filled druTs one dumpster and one tank trailer
appr- xiTately 25000 gallons of aqueous waste
material crrtained in the underground tanks
app r bull IT -ic-ly 500 gallons of waste oil determined
to contain a CB content of less than 2 parts per
appr c bull irrately two 55 gallon drums of materials
scraped from trailer bottoms
approximately two 55 gallon drums of contaminated
sorbent material from the equipment building floor
contaminated soil from opening area not to exceed
20 cubic yards
one 55 gallon drum approximately three-quarters
full of contaminated lab water from on-site
laboratory used during initial EPA removal
activities and
-30shy
approximately seventy-five 30 gallon garbage bags
containing contaminated protective clothing and
sampling implements
b Transportation of Wastes All of the above-described
wastes will be transported in accordance with all applicaole laws and
regulations including but not limited to all Department of
Transportation (DOT) regulations Additionally all containers
shipped off site and all vehicles carrying these containers will be
properly and completely labeled and placarded in accordance with all
applicable laws and regulations
c Disposal cf Wastes The Respondents shall make all
arrangerents necessary 10 accomplish the proper disposal of all of
the ebcve-cescribed wastes This shall include making available
disprsol perscrrel frr- -e selected disposal facility as needed to
ass-re hat the pack- J-TC snipping methods used meet the disposal
f a c i l i t y specifications f~r acceptance of wastes For elt ch waste
r-aterial ~z oe rencve-j ircr tre site the Respondents shall indicate
befcrc the waste is rerrcved frcrr the site the method of disposal the
name(s) of the facilityiies) to be utilized the compliance status of
the facility(ies) to be utilized the name(s) of transporter(s) to be
utilized the method of transport for each waste and the packaging
to be utilized
d Record of Disposal The Respondents shall provide EPA
with all paperwork documenting the location of all wastes that leave
the site This shall include all temporary storage facilities that
may be utilized before the waste reaches its final destination for
disposal All wastes removed from the site will be pursuant to an
-31shy
appropriate Hazardous Waste Manifest EPAs On-Scene Coordinator
will sign each manifest relating to the Anchor Tank material so as to
indicate that EPA is the generator of the Anchor Tank material being
removed from the site For all wastes that leave the site the
Respondents will supply information to include but not be limited
to the date of arrival and departure of each waste to or from each
facility a list of all wastes in question and the signature of the
company representative who accepted the wastes in question
Additionally for any waste that is incinerated or otherwise
destroyed the Respondents shall provide certification by a company
official of the facility destroying the waste that the waste was
ndeed destroyed ard by what nethod it was destroyed
e Site Postcraticn Before final demobilization the
^espcrv-- 3 shall restore the site to an acceptable degree This
-bullill ircl-de assur-rce tl-at no trash or waste materials or equipment
associated with any rf the removal activities is left on site Any
~aterjl including soil which has not been contaminated by site
rperatiors shall be returned to its original location
2 The following activities shall also be performed by
Respondents to fulfill the objectives of the Response Action
a Work Plan The Respondents shall prepare a Work Plan
consisting of all activities and subtasks The Work Plan shall
identify all deliverables to be produced during the Work Activities
including timetables for performance of the Work Activities and
production of the deliverables The Work Plan shall identify each
previously identified waste material to be removed from the site and
the Quality Assurance and Quality Control to be used during Work
-32shy
Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
-33shy
b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
-34shy
subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
-35shy
0 A
IT IS SO A G R E E D
Name of Respondent
By John L Fox
General Manager Title
January 6 T968 Date
-28shy
IT IS SO AGREED
Name of R e s p o n d e n t ^-
CHAMBERLAIN MANUFACTURING CORPORATION
By
General Co Title
Jaruar- D a t e
1988
-28shy
IT IS 60 AGREED
Name of Respondent ^ t~poundr llS^eL
Byj Richard Barth
Preeident fc Chief Executive Officer Title
CIBA-GEIGY corporation January 6 1988
Date
-28shy
IT IS SO AGREED
Name of Respondent Earthline Company fsCA
By
Authorized Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent FAIRCHILD SEMICONDUCTOR CORPORATION
By C R Bostic
Its Representative Title
January 4 1986 Date
-28shy
IT IS SO AGREED
Name of Respondent Franklin Pumping Service Inc
By
J I J (President)
1788 Date
-28shy
IT IS SO AGREED
Name of Respondent General Dynamics Corporation
By
Daniel S Hapke Assistant General Counsel T i t l e
4 January 1988 Date
-28shy
IT 18 SO AGREED i
of Ropondtnt
By
-28shy
In the Matter of Cannons Engineering Corporation Administrative Order by Consent
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
Hoechst Celane^e Corporation
Heinz X HofmeistermdashVice President Title
-28shy
IT IS SO AGREED
Name of Respondent HoffaeM-La Bocht Inc
By EB Anderson Senior Viet Prttident
Title
-28shy
P3 ICIO UflWDGFT GO JMN 0 8
XT IS SO ACREEDi
of Respondent rrt
bullyi
Jlflua r v 7 shym
IT IS SO AGREED
Name of Respondent Interex^Corporation
By
Authorized Axteht Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent
By
January 13 1988 Date
Millipore CorporationWaters Associates
Senior Vice President Title
-28shy
Cannons Engineering Corporation Administrative Order by Consent Bridgewater Removal Action
IT IS SO AGREED
Name of Respondent MONSANTO COMPANY iIs
Ishy t- r S S rr- -w ~
By
ff Title
Dote
-28shy
E00 3pound
IT IS SO AGREED
Name of Respondent
By
-IVCL
pound1
Title
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
POLAROID CORPORATION
VICE PRESIDENT AND SECRETARY Title
-28shy
IT IS SO AGREED
Name of Respondent Re eyeling Industries Inc
By
Authorized Agent title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent TECH- gTCM
By
Title
Date
-28shy
ATTACHMENT A
BRIDGEWATER CANNONS ENGINEERING CORPORATION SITE CONSENT ORDER WORK PLAN
I Introduction and Purpose
The purpose of this Consent Order Work Plan is to identify
response actions to be taKen by Respondents of the Site pursuant to
the foregoing Consent Order
I1 Scooe of Work
1 The following are the removal activities required by the
Consent Order
a Renov3- cf XTas-cs The following waste materials shall
oe roTcvo^ frcn the jte poundrd properly disposed of in accordance with
ail applj^oie erv r crrort1 laws and regulations
apprcxirrateiy 400 five-gallon pails containing
waste -atoral from inside the Equipment Building
This -aterial was previously located irsice the box
trailers
approximately 400 less than five-gallon pails which
have had the contents removed into two 55-gallon
drums
approximately one drum full and one drum 34 full
which were generated from the emptying of the above
mentioned less than five-gallon containers
-29shy
approximately 350 containers of laboratory reagents
which were abandoned in the laboratory inside the
Equipment Building
a container approximately one pint in volume
containing an unknown liquid which is considered to
be shock sensitive and will be treated as such
one five-gallon pail of bulked laboratory samples
one three-gallon pail of bulked laboratory samples
approximately 1000 gallons of aqueous waste
material contained in above-ground storage
containers which include less than 10 partially
filled druTs one dumpster and one tank trailer
appr- xiTately 25000 gallons of aqueous waste
material crrtained in the underground tanks
app r bull IT -ic-ly 500 gallons of waste oil determined
to contain a CB content of less than 2 parts per
appr c bull irrately two 55 gallon drums of materials
scraped from trailer bottoms
approximately two 55 gallon drums of contaminated
sorbent material from the equipment building floor
contaminated soil from opening area not to exceed
20 cubic yards
one 55 gallon drum approximately three-quarters
full of contaminated lab water from on-site
laboratory used during initial EPA removal
activities and
-30shy
approximately seventy-five 30 gallon garbage bags
containing contaminated protective clothing and
sampling implements
b Transportation of Wastes All of the above-described
wastes will be transported in accordance with all applicaole laws and
regulations including but not limited to all Department of
Transportation (DOT) regulations Additionally all containers
shipped off site and all vehicles carrying these containers will be
properly and completely labeled and placarded in accordance with all
applicable laws and regulations
c Disposal cf Wastes The Respondents shall make all
arrangerents necessary 10 accomplish the proper disposal of all of
the ebcve-cescribed wastes This shall include making available
disprsol perscrrel frr- -e selected disposal facility as needed to
ass-re hat the pack- J-TC snipping methods used meet the disposal
f a c i l i t y specifications f~r acceptance of wastes For elt ch waste
r-aterial ~z oe rencve-j ircr tre site the Respondents shall indicate
befcrc the waste is rerrcved frcrr the site the method of disposal the
name(s) of the facilityiies) to be utilized the compliance status of
the facility(ies) to be utilized the name(s) of transporter(s) to be
utilized the method of transport for each waste and the packaging
to be utilized
d Record of Disposal The Respondents shall provide EPA
with all paperwork documenting the location of all wastes that leave
the site This shall include all temporary storage facilities that
may be utilized before the waste reaches its final destination for
disposal All wastes removed from the site will be pursuant to an
-31shy
appropriate Hazardous Waste Manifest EPAs On-Scene Coordinator
will sign each manifest relating to the Anchor Tank material so as to
indicate that EPA is the generator of the Anchor Tank material being
removed from the site For all wastes that leave the site the
Respondents will supply information to include but not be limited
to the date of arrival and departure of each waste to or from each
facility a list of all wastes in question and the signature of the
company representative who accepted the wastes in question
Additionally for any waste that is incinerated or otherwise
destroyed the Respondents shall provide certification by a company
official of the facility destroying the waste that the waste was
ndeed destroyed ard by what nethod it was destroyed
e Site Postcraticn Before final demobilization the
^espcrv-- 3 shall restore the site to an acceptable degree This
-bullill ircl-de assur-rce tl-at no trash or waste materials or equipment
associated with any rf the removal activities is left on site Any
~aterjl including soil which has not been contaminated by site
rperatiors shall be returned to its original location
2 The following activities shall also be performed by
Respondents to fulfill the objectives of the Response Action
a Work Plan The Respondents shall prepare a Work Plan
consisting of all activities and subtasks The Work Plan shall
identify all deliverables to be produced during the Work Activities
including timetables for performance of the Work Activities and
production of the deliverables The Work Plan shall identify each
previously identified waste material to be removed from the site and
the Quality Assurance and Quality Control to be used during Work
-32shy
Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
-33shy
b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
-34shy
subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
-35shy
IT IS SO AGREED
Name of R e s p o n d e n t ^-
CHAMBERLAIN MANUFACTURING CORPORATION
By
General Co Title
Jaruar- D a t e
1988
-28shy
IT IS 60 AGREED
Name of Respondent ^ t~poundr llS^eL
Byj Richard Barth
Preeident fc Chief Executive Officer Title
CIBA-GEIGY corporation January 6 1988
Date
-28shy
IT IS SO AGREED
Name of Respondent Earthline Company fsCA
By
Authorized Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent FAIRCHILD SEMICONDUCTOR CORPORATION
By C R Bostic
Its Representative Title
January 4 1986 Date
-28shy
IT IS SO AGREED
Name of Respondent Franklin Pumping Service Inc
By
J I J (President)
1788 Date
-28shy
IT IS SO AGREED
Name of Respondent General Dynamics Corporation
By
Daniel S Hapke Assistant General Counsel T i t l e
4 January 1988 Date
-28shy
IT 18 SO AGREED i
of Ropondtnt
By
-28shy
In the Matter of Cannons Engineering Corporation Administrative Order by Consent
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
Hoechst Celane^e Corporation
Heinz X HofmeistermdashVice President Title
-28shy
IT IS SO AGREED
Name of Respondent HoffaeM-La Bocht Inc
By EB Anderson Senior Viet Prttident
Title
-28shy
P3 ICIO UflWDGFT GO JMN 0 8
XT IS SO ACREEDi
of Respondent rrt
bullyi
Jlflua r v 7 shym
IT IS SO AGREED
Name of Respondent Interex^Corporation
By
Authorized Axteht Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent
By
January 13 1988 Date
Millipore CorporationWaters Associates
Senior Vice President Title
-28shy
Cannons Engineering Corporation Administrative Order by Consent Bridgewater Removal Action
IT IS SO AGREED
Name of Respondent MONSANTO COMPANY iIs
Ishy t- r S S rr- -w ~
By
ff Title
Dote
-28shy
E00 3pound
IT IS SO AGREED
Name of Respondent
By
-IVCL
pound1
Title
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
POLAROID CORPORATION
VICE PRESIDENT AND SECRETARY Title
-28shy
IT IS SO AGREED
Name of Respondent Re eyeling Industries Inc
By
Authorized Agent title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent TECH- gTCM
By
Title
Date
-28shy
ATTACHMENT A
BRIDGEWATER CANNONS ENGINEERING CORPORATION SITE CONSENT ORDER WORK PLAN
I Introduction and Purpose
The purpose of this Consent Order Work Plan is to identify
response actions to be taKen by Respondents of the Site pursuant to
the foregoing Consent Order
I1 Scooe of Work
1 The following are the removal activities required by the
Consent Order
a Renov3- cf XTas-cs The following waste materials shall
oe roTcvo^ frcn the jte poundrd properly disposed of in accordance with
ail applj^oie erv r crrort1 laws and regulations
apprcxirrateiy 400 five-gallon pails containing
waste -atoral from inside the Equipment Building
This -aterial was previously located irsice the box
trailers
approximately 400 less than five-gallon pails which
have had the contents removed into two 55-gallon
drums
approximately one drum full and one drum 34 full
which were generated from the emptying of the above
mentioned less than five-gallon containers
-29shy
approximately 350 containers of laboratory reagents
which were abandoned in the laboratory inside the
Equipment Building
a container approximately one pint in volume
containing an unknown liquid which is considered to
be shock sensitive and will be treated as such
one five-gallon pail of bulked laboratory samples
one three-gallon pail of bulked laboratory samples
approximately 1000 gallons of aqueous waste
material contained in above-ground storage
containers which include less than 10 partially
filled druTs one dumpster and one tank trailer
appr- xiTately 25000 gallons of aqueous waste
material crrtained in the underground tanks
app r bull IT -ic-ly 500 gallons of waste oil determined
to contain a CB content of less than 2 parts per
appr c bull irrately two 55 gallon drums of materials
scraped from trailer bottoms
approximately two 55 gallon drums of contaminated
sorbent material from the equipment building floor
contaminated soil from opening area not to exceed
20 cubic yards
one 55 gallon drum approximately three-quarters
full of contaminated lab water from on-site
laboratory used during initial EPA removal
activities and
-30shy
approximately seventy-five 30 gallon garbage bags
containing contaminated protective clothing and
sampling implements
b Transportation of Wastes All of the above-described
wastes will be transported in accordance with all applicaole laws and
regulations including but not limited to all Department of
Transportation (DOT) regulations Additionally all containers
shipped off site and all vehicles carrying these containers will be
properly and completely labeled and placarded in accordance with all
applicable laws and regulations
c Disposal cf Wastes The Respondents shall make all
arrangerents necessary 10 accomplish the proper disposal of all of
the ebcve-cescribed wastes This shall include making available
disprsol perscrrel frr- -e selected disposal facility as needed to
ass-re hat the pack- J-TC snipping methods used meet the disposal
f a c i l i t y specifications f~r acceptance of wastes For elt ch waste
r-aterial ~z oe rencve-j ircr tre site the Respondents shall indicate
befcrc the waste is rerrcved frcrr the site the method of disposal the
name(s) of the facilityiies) to be utilized the compliance status of
the facility(ies) to be utilized the name(s) of transporter(s) to be
utilized the method of transport for each waste and the packaging
to be utilized
d Record of Disposal The Respondents shall provide EPA
with all paperwork documenting the location of all wastes that leave
the site This shall include all temporary storage facilities that
may be utilized before the waste reaches its final destination for
disposal All wastes removed from the site will be pursuant to an
-31shy
appropriate Hazardous Waste Manifest EPAs On-Scene Coordinator
will sign each manifest relating to the Anchor Tank material so as to
indicate that EPA is the generator of the Anchor Tank material being
removed from the site For all wastes that leave the site the
Respondents will supply information to include but not be limited
to the date of arrival and departure of each waste to or from each
facility a list of all wastes in question and the signature of the
company representative who accepted the wastes in question
Additionally for any waste that is incinerated or otherwise
destroyed the Respondents shall provide certification by a company
official of the facility destroying the waste that the waste was
ndeed destroyed ard by what nethod it was destroyed
e Site Postcraticn Before final demobilization the
^espcrv-- 3 shall restore the site to an acceptable degree This
-bullill ircl-de assur-rce tl-at no trash or waste materials or equipment
associated with any rf the removal activities is left on site Any
~aterjl including soil which has not been contaminated by site
rperatiors shall be returned to its original location
2 The following activities shall also be performed by
Respondents to fulfill the objectives of the Response Action
a Work Plan The Respondents shall prepare a Work Plan
consisting of all activities and subtasks The Work Plan shall
identify all deliverables to be produced during the Work Activities
including timetables for performance of the Work Activities and
production of the deliverables The Work Plan shall identify each
previously identified waste material to be removed from the site and
the Quality Assurance and Quality Control to be used during Work
-32shy
Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
-33shy
b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
-34shy
subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
-35shy
IT IS 60 AGREED
Name of Respondent ^ t~poundr llS^eL
Byj Richard Barth
Preeident fc Chief Executive Officer Title
CIBA-GEIGY corporation January 6 1988
Date
-28shy
IT IS SO AGREED
Name of Respondent Earthline Company fsCA
By
Authorized Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent FAIRCHILD SEMICONDUCTOR CORPORATION
By C R Bostic
Its Representative Title
January 4 1986 Date
-28shy
IT IS SO AGREED
Name of Respondent Franklin Pumping Service Inc
By
J I J (President)
1788 Date
-28shy
IT IS SO AGREED
Name of Respondent General Dynamics Corporation
By
Daniel S Hapke Assistant General Counsel T i t l e
4 January 1988 Date
-28shy
IT 18 SO AGREED i
of Ropondtnt
By
-28shy
In the Matter of Cannons Engineering Corporation Administrative Order by Consent
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
Hoechst Celane^e Corporation
Heinz X HofmeistermdashVice President Title
-28shy
IT IS SO AGREED
Name of Respondent HoffaeM-La Bocht Inc
By EB Anderson Senior Viet Prttident
Title
-28shy
P3 ICIO UflWDGFT GO JMN 0 8
XT IS SO ACREEDi
of Respondent rrt
bullyi
Jlflua r v 7 shym
IT IS SO AGREED
Name of Respondent Interex^Corporation
By
Authorized Axteht Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent
By
January 13 1988 Date
Millipore CorporationWaters Associates
Senior Vice President Title
-28shy
Cannons Engineering Corporation Administrative Order by Consent Bridgewater Removal Action
IT IS SO AGREED
Name of Respondent MONSANTO COMPANY iIs
Ishy t- r S S rr- -w ~
By
ff Title
Dote
-28shy
E00 3pound
IT IS SO AGREED
Name of Respondent
By
-IVCL
pound1
Title
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
POLAROID CORPORATION
VICE PRESIDENT AND SECRETARY Title
-28shy
IT IS SO AGREED
Name of Respondent Re eyeling Industries Inc
By
Authorized Agent title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent TECH- gTCM
By
Title
Date
-28shy
ATTACHMENT A
BRIDGEWATER CANNONS ENGINEERING CORPORATION SITE CONSENT ORDER WORK PLAN
I Introduction and Purpose
The purpose of this Consent Order Work Plan is to identify
response actions to be taKen by Respondents of the Site pursuant to
the foregoing Consent Order
I1 Scooe of Work
1 The following are the removal activities required by the
Consent Order
a Renov3- cf XTas-cs The following waste materials shall
oe roTcvo^ frcn the jte poundrd properly disposed of in accordance with
ail applj^oie erv r crrort1 laws and regulations
apprcxirrateiy 400 five-gallon pails containing
waste -atoral from inside the Equipment Building
This -aterial was previously located irsice the box
trailers
approximately 400 less than five-gallon pails which
have had the contents removed into two 55-gallon
drums
approximately one drum full and one drum 34 full
which were generated from the emptying of the above
mentioned less than five-gallon containers
-29shy
approximately 350 containers of laboratory reagents
which were abandoned in the laboratory inside the
Equipment Building
a container approximately one pint in volume
containing an unknown liquid which is considered to
be shock sensitive and will be treated as such
one five-gallon pail of bulked laboratory samples
one three-gallon pail of bulked laboratory samples
approximately 1000 gallons of aqueous waste
material contained in above-ground storage
containers which include less than 10 partially
filled druTs one dumpster and one tank trailer
appr- xiTately 25000 gallons of aqueous waste
material crrtained in the underground tanks
app r bull IT -ic-ly 500 gallons of waste oil determined
to contain a CB content of less than 2 parts per
appr c bull irrately two 55 gallon drums of materials
scraped from trailer bottoms
approximately two 55 gallon drums of contaminated
sorbent material from the equipment building floor
contaminated soil from opening area not to exceed
20 cubic yards
one 55 gallon drum approximately three-quarters
full of contaminated lab water from on-site
laboratory used during initial EPA removal
activities and
-30shy
approximately seventy-five 30 gallon garbage bags
containing contaminated protective clothing and
sampling implements
b Transportation of Wastes All of the above-described
wastes will be transported in accordance with all applicaole laws and
regulations including but not limited to all Department of
Transportation (DOT) regulations Additionally all containers
shipped off site and all vehicles carrying these containers will be
properly and completely labeled and placarded in accordance with all
applicable laws and regulations
c Disposal cf Wastes The Respondents shall make all
arrangerents necessary 10 accomplish the proper disposal of all of
the ebcve-cescribed wastes This shall include making available
disprsol perscrrel frr- -e selected disposal facility as needed to
ass-re hat the pack- J-TC snipping methods used meet the disposal
f a c i l i t y specifications f~r acceptance of wastes For elt ch waste
r-aterial ~z oe rencve-j ircr tre site the Respondents shall indicate
befcrc the waste is rerrcved frcrr the site the method of disposal the
name(s) of the facilityiies) to be utilized the compliance status of
the facility(ies) to be utilized the name(s) of transporter(s) to be
utilized the method of transport for each waste and the packaging
to be utilized
d Record of Disposal The Respondents shall provide EPA
with all paperwork documenting the location of all wastes that leave
the site This shall include all temporary storage facilities that
may be utilized before the waste reaches its final destination for
disposal All wastes removed from the site will be pursuant to an
-31shy
appropriate Hazardous Waste Manifest EPAs On-Scene Coordinator
will sign each manifest relating to the Anchor Tank material so as to
indicate that EPA is the generator of the Anchor Tank material being
removed from the site For all wastes that leave the site the
Respondents will supply information to include but not be limited
to the date of arrival and departure of each waste to or from each
facility a list of all wastes in question and the signature of the
company representative who accepted the wastes in question
Additionally for any waste that is incinerated or otherwise
destroyed the Respondents shall provide certification by a company
official of the facility destroying the waste that the waste was
ndeed destroyed ard by what nethod it was destroyed
e Site Postcraticn Before final demobilization the
^espcrv-- 3 shall restore the site to an acceptable degree This
-bullill ircl-de assur-rce tl-at no trash or waste materials or equipment
associated with any rf the removal activities is left on site Any
~aterjl including soil which has not been contaminated by site
rperatiors shall be returned to its original location
2 The following activities shall also be performed by
Respondents to fulfill the objectives of the Response Action
a Work Plan The Respondents shall prepare a Work Plan
consisting of all activities and subtasks The Work Plan shall
identify all deliverables to be produced during the Work Activities
including timetables for performance of the Work Activities and
production of the deliverables The Work Plan shall identify each
previously identified waste material to be removed from the site and
the Quality Assurance and Quality Control to be used during Work
-32shy
Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
-33shy
b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
-34shy
subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
-35shy
IT IS SO AGREED
Name of Respondent Earthline Company fsCA
By
Authorized Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent FAIRCHILD SEMICONDUCTOR CORPORATION
By C R Bostic
Its Representative Title
January 4 1986 Date
-28shy
IT IS SO AGREED
Name of Respondent Franklin Pumping Service Inc
By
J I J (President)
1788 Date
-28shy
IT IS SO AGREED
Name of Respondent General Dynamics Corporation
By
Daniel S Hapke Assistant General Counsel T i t l e
4 January 1988 Date
-28shy
IT 18 SO AGREED i
of Ropondtnt
By
-28shy
In the Matter of Cannons Engineering Corporation Administrative Order by Consent
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
Hoechst Celane^e Corporation
Heinz X HofmeistermdashVice President Title
-28shy
IT IS SO AGREED
Name of Respondent HoffaeM-La Bocht Inc
By EB Anderson Senior Viet Prttident
Title
-28shy
P3 ICIO UflWDGFT GO JMN 0 8
XT IS SO ACREEDi
of Respondent rrt
bullyi
Jlflua r v 7 shym
IT IS SO AGREED
Name of Respondent Interex^Corporation
By
Authorized Axteht Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent
By
January 13 1988 Date
Millipore CorporationWaters Associates
Senior Vice President Title
-28shy
Cannons Engineering Corporation Administrative Order by Consent Bridgewater Removal Action
IT IS SO AGREED
Name of Respondent MONSANTO COMPANY iIs
Ishy t- r S S rr- -w ~
By
ff Title
Dote
-28shy
E00 3pound
IT IS SO AGREED
Name of Respondent
By
-IVCL
pound1
Title
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
POLAROID CORPORATION
VICE PRESIDENT AND SECRETARY Title
-28shy
IT IS SO AGREED
Name of Respondent Re eyeling Industries Inc
By
Authorized Agent title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent TECH- gTCM
By
Title
Date
-28shy
ATTACHMENT A
BRIDGEWATER CANNONS ENGINEERING CORPORATION SITE CONSENT ORDER WORK PLAN
I Introduction and Purpose
The purpose of this Consent Order Work Plan is to identify
response actions to be taKen by Respondents of the Site pursuant to
the foregoing Consent Order
I1 Scooe of Work
1 The following are the removal activities required by the
Consent Order
a Renov3- cf XTas-cs The following waste materials shall
oe roTcvo^ frcn the jte poundrd properly disposed of in accordance with
ail applj^oie erv r crrort1 laws and regulations
apprcxirrateiy 400 five-gallon pails containing
waste -atoral from inside the Equipment Building
This -aterial was previously located irsice the box
trailers
approximately 400 less than five-gallon pails which
have had the contents removed into two 55-gallon
drums
approximately one drum full and one drum 34 full
which were generated from the emptying of the above
mentioned less than five-gallon containers
-29shy
approximately 350 containers of laboratory reagents
which were abandoned in the laboratory inside the
Equipment Building
a container approximately one pint in volume
containing an unknown liquid which is considered to
be shock sensitive and will be treated as such
one five-gallon pail of bulked laboratory samples
one three-gallon pail of bulked laboratory samples
approximately 1000 gallons of aqueous waste
material contained in above-ground storage
containers which include less than 10 partially
filled druTs one dumpster and one tank trailer
appr- xiTately 25000 gallons of aqueous waste
material crrtained in the underground tanks
app r bull IT -ic-ly 500 gallons of waste oil determined
to contain a CB content of less than 2 parts per
appr c bull irrately two 55 gallon drums of materials
scraped from trailer bottoms
approximately two 55 gallon drums of contaminated
sorbent material from the equipment building floor
contaminated soil from opening area not to exceed
20 cubic yards
one 55 gallon drum approximately three-quarters
full of contaminated lab water from on-site
laboratory used during initial EPA removal
activities and
-30shy
approximately seventy-five 30 gallon garbage bags
containing contaminated protective clothing and
sampling implements
b Transportation of Wastes All of the above-described
wastes will be transported in accordance with all applicaole laws and
regulations including but not limited to all Department of
Transportation (DOT) regulations Additionally all containers
shipped off site and all vehicles carrying these containers will be
properly and completely labeled and placarded in accordance with all
applicable laws and regulations
c Disposal cf Wastes The Respondents shall make all
arrangerents necessary 10 accomplish the proper disposal of all of
the ebcve-cescribed wastes This shall include making available
disprsol perscrrel frr- -e selected disposal facility as needed to
ass-re hat the pack- J-TC snipping methods used meet the disposal
f a c i l i t y specifications f~r acceptance of wastes For elt ch waste
r-aterial ~z oe rencve-j ircr tre site the Respondents shall indicate
befcrc the waste is rerrcved frcrr the site the method of disposal the
name(s) of the facilityiies) to be utilized the compliance status of
the facility(ies) to be utilized the name(s) of transporter(s) to be
utilized the method of transport for each waste and the packaging
to be utilized
d Record of Disposal The Respondents shall provide EPA
with all paperwork documenting the location of all wastes that leave
the site This shall include all temporary storage facilities that
may be utilized before the waste reaches its final destination for
disposal All wastes removed from the site will be pursuant to an
-31shy
appropriate Hazardous Waste Manifest EPAs On-Scene Coordinator
will sign each manifest relating to the Anchor Tank material so as to
indicate that EPA is the generator of the Anchor Tank material being
removed from the site For all wastes that leave the site the
Respondents will supply information to include but not be limited
to the date of arrival and departure of each waste to or from each
facility a list of all wastes in question and the signature of the
company representative who accepted the wastes in question
Additionally for any waste that is incinerated or otherwise
destroyed the Respondents shall provide certification by a company
official of the facility destroying the waste that the waste was
ndeed destroyed ard by what nethod it was destroyed
e Site Postcraticn Before final demobilization the
^espcrv-- 3 shall restore the site to an acceptable degree This
-bullill ircl-de assur-rce tl-at no trash or waste materials or equipment
associated with any rf the removal activities is left on site Any
~aterjl including soil which has not been contaminated by site
rperatiors shall be returned to its original location
2 The following activities shall also be performed by
Respondents to fulfill the objectives of the Response Action
a Work Plan The Respondents shall prepare a Work Plan
consisting of all activities and subtasks The Work Plan shall
identify all deliverables to be produced during the Work Activities
including timetables for performance of the Work Activities and
production of the deliverables The Work Plan shall identify each
previously identified waste material to be removed from the site and
the Quality Assurance and Quality Control to be used during Work
-32shy
Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
-33shy
b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
-34shy
subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
-35shy
IT IS SO AGREED
Name of Respondent FAIRCHILD SEMICONDUCTOR CORPORATION
By C R Bostic
Its Representative Title
January 4 1986 Date
-28shy
IT IS SO AGREED
Name of Respondent Franklin Pumping Service Inc
By
J I J (President)
1788 Date
-28shy
IT IS SO AGREED
Name of Respondent General Dynamics Corporation
By
Daniel S Hapke Assistant General Counsel T i t l e
4 January 1988 Date
-28shy
IT 18 SO AGREED i
of Ropondtnt
By
-28shy
In the Matter of Cannons Engineering Corporation Administrative Order by Consent
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
Hoechst Celane^e Corporation
Heinz X HofmeistermdashVice President Title
-28shy
IT IS SO AGREED
Name of Respondent HoffaeM-La Bocht Inc
By EB Anderson Senior Viet Prttident
Title
-28shy
P3 ICIO UflWDGFT GO JMN 0 8
XT IS SO ACREEDi
of Respondent rrt
bullyi
Jlflua r v 7 shym
IT IS SO AGREED
Name of Respondent Interex^Corporation
By
Authorized Axteht Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent
By
January 13 1988 Date
Millipore CorporationWaters Associates
Senior Vice President Title
-28shy
Cannons Engineering Corporation Administrative Order by Consent Bridgewater Removal Action
IT IS SO AGREED
Name of Respondent MONSANTO COMPANY iIs
Ishy t- r S S rr- -w ~
By
ff Title
Dote
-28shy
E00 3pound
IT IS SO AGREED
Name of Respondent
By
-IVCL
pound1
Title
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
POLAROID CORPORATION
VICE PRESIDENT AND SECRETARY Title
-28shy
IT IS SO AGREED
Name of Respondent Re eyeling Industries Inc
By
Authorized Agent title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent TECH- gTCM
By
Title
Date
-28shy
ATTACHMENT A
BRIDGEWATER CANNONS ENGINEERING CORPORATION SITE CONSENT ORDER WORK PLAN
I Introduction and Purpose
The purpose of this Consent Order Work Plan is to identify
response actions to be taKen by Respondents of the Site pursuant to
the foregoing Consent Order
I1 Scooe of Work
1 The following are the removal activities required by the
Consent Order
a Renov3- cf XTas-cs The following waste materials shall
oe roTcvo^ frcn the jte poundrd properly disposed of in accordance with
ail applj^oie erv r crrort1 laws and regulations
apprcxirrateiy 400 five-gallon pails containing
waste -atoral from inside the Equipment Building
This -aterial was previously located irsice the box
trailers
approximately 400 less than five-gallon pails which
have had the contents removed into two 55-gallon
drums
approximately one drum full and one drum 34 full
which were generated from the emptying of the above
mentioned less than five-gallon containers
-29shy
approximately 350 containers of laboratory reagents
which were abandoned in the laboratory inside the
Equipment Building
a container approximately one pint in volume
containing an unknown liquid which is considered to
be shock sensitive and will be treated as such
one five-gallon pail of bulked laboratory samples
one three-gallon pail of bulked laboratory samples
approximately 1000 gallons of aqueous waste
material contained in above-ground storage
containers which include less than 10 partially
filled druTs one dumpster and one tank trailer
appr- xiTately 25000 gallons of aqueous waste
material crrtained in the underground tanks
app r bull IT -ic-ly 500 gallons of waste oil determined
to contain a CB content of less than 2 parts per
appr c bull irrately two 55 gallon drums of materials
scraped from trailer bottoms
approximately two 55 gallon drums of contaminated
sorbent material from the equipment building floor
contaminated soil from opening area not to exceed
20 cubic yards
one 55 gallon drum approximately three-quarters
full of contaminated lab water from on-site
laboratory used during initial EPA removal
activities and
-30shy
approximately seventy-five 30 gallon garbage bags
containing contaminated protective clothing and
sampling implements
b Transportation of Wastes All of the above-described
wastes will be transported in accordance with all applicaole laws and
regulations including but not limited to all Department of
Transportation (DOT) regulations Additionally all containers
shipped off site and all vehicles carrying these containers will be
properly and completely labeled and placarded in accordance with all
applicable laws and regulations
c Disposal cf Wastes The Respondents shall make all
arrangerents necessary 10 accomplish the proper disposal of all of
the ebcve-cescribed wastes This shall include making available
disprsol perscrrel frr- -e selected disposal facility as needed to
ass-re hat the pack- J-TC snipping methods used meet the disposal
f a c i l i t y specifications f~r acceptance of wastes For elt ch waste
r-aterial ~z oe rencve-j ircr tre site the Respondents shall indicate
befcrc the waste is rerrcved frcrr the site the method of disposal the
name(s) of the facilityiies) to be utilized the compliance status of
the facility(ies) to be utilized the name(s) of transporter(s) to be
utilized the method of transport for each waste and the packaging
to be utilized
d Record of Disposal The Respondents shall provide EPA
with all paperwork documenting the location of all wastes that leave
the site This shall include all temporary storage facilities that
may be utilized before the waste reaches its final destination for
disposal All wastes removed from the site will be pursuant to an
-31shy
appropriate Hazardous Waste Manifest EPAs On-Scene Coordinator
will sign each manifest relating to the Anchor Tank material so as to
indicate that EPA is the generator of the Anchor Tank material being
removed from the site For all wastes that leave the site the
Respondents will supply information to include but not be limited
to the date of arrival and departure of each waste to or from each
facility a list of all wastes in question and the signature of the
company representative who accepted the wastes in question
Additionally for any waste that is incinerated or otherwise
destroyed the Respondents shall provide certification by a company
official of the facility destroying the waste that the waste was
ndeed destroyed ard by what nethod it was destroyed
e Site Postcraticn Before final demobilization the
^espcrv-- 3 shall restore the site to an acceptable degree This
-bullill ircl-de assur-rce tl-at no trash or waste materials or equipment
associated with any rf the removal activities is left on site Any
~aterjl including soil which has not been contaminated by site
rperatiors shall be returned to its original location
2 The following activities shall also be performed by
Respondents to fulfill the objectives of the Response Action
a Work Plan The Respondents shall prepare a Work Plan
consisting of all activities and subtasks The Work Plan shall
identify all deliverables to be produced during the Work Activities
including timetables for performance of the Work Activities and
production of the deliverables The Work Plan shall identify each
previously identified waste material to be removed from the site and
the Quality Assurance and Quality Control to be used during Work
-32shy
Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
-33shy
b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
-34shy
subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
-35shy
IT IS SO AGREED
Name of Respondent Franklin Pumping Service Inc
By
J I J (President)
1788 Date
-28shy
IT IS SO AGREED
Name of Respondent General Dynamics Corporation
By
Daniel S Hapke Assistant General Counsel T i t l e
4 January 1988 Date
-28shy
IT 18 SO AGREED i
of Ropondtnt
By
-28shy
In the Matter of Cannons Engineering Corporation Administrative Order by Consent
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
Hoechst Celane^e Corporation
Heinz X HofmeistermdashVice President Title
-28shy
IT IS SO AGREED
Name of Respondent HoffaeM-La Bocht Inc
By EB Anderson Senior Viet Prttident
Title
-28shy
P3 ICIO UflWDGFT GO JMN 0 8
XT IS SO ACREEDi
of Respondent rrt
bullyi
Jlflua r v 7 shym
IT IS SO AGREED
Name of Respondent Interex^Corporation
By
Authorized Axteht Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent
By
January 13 1988 Date
Millipore CorporationWaters Associates
Senior Vice President Title
-28shy
Cannons Engineering Corporation Administrative Order by Consent Bridgewater Removal Action
IT IS SO AGREED
Name of Respondent MONSANTO COMPANY iIs
Ishy t- r S S rr- -w ~
By
ff Title
Dote
-28shy
E00 3pound
IT IS SO AGREED
Name of Respondent
By
-IVCL
pound1
Title
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
POLAROID CORPORATION
VICE PRESIDENT AND SECRETARY Title
-28shy
IT IS SO AGREED
Name of Respondent Re eyeling Industries Inc
By
Authorized Agent title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent TECH- gTCM
By
Title
Date
-28shy
ATTACHMENT A
BRIDGEWATER CANNONS ENGINEERING CORPORATION SITE CONSENT ORDER WORK PLAN
I Introduction and Purpose
The purpose of this Consent Order Work Plan is to identify
response actions to be taKen by Respondents of the Site pursuant to
the foregoing Consent Order
I1 Scooe of Work
1 The following are the removal activities required by the
Consent Order
a Renov3- cf XTas-cs The following waste materials shall
oe roTcvo^ frcn the jte poundrd properly disposed of in accordance with
ail applj^oie erv r crrort1 laws and regulations
apprcxirrateiy 400 five-gallon pails containing
waste -atoral from inside the Equipment Building
This -aterial was previously located irsice the box
trailers
approximately 400 less than five-gallon pails which
have had the contents removed into two 55-gallon
drums
approximately one drum full and one drum 34 full
which were generated from the emptying of the above
mentioned less than five-gallon containers
-29shy
approximately 350 containers of laboratory reagents
which were abandoned in the laboratory inside the
Equipment Building
a container approximately one pint in volume
containing an unknown liquid which is considered to
be shock sensitive and will be treated as such
one five-gallon pail of bulked laboratory samples
one three-gallon pail of bulked laboratory samples
approximately 1000 gallons of aqueous waste
material contained in above-ground storage
containers which include less than 10 partially
filled druTs one dumpster and one tank trailer
appr- xiTately 25000 gallons of aqueous waste
material crrtained in the underground tanks
app r bull IT -ic-ly 500 gallons of waste oil determined
to contain a CB content of less than 2 parts per
appr c bull irrately two 55 gallon drums of materials
scraped from trailer bottoms
approximately two 55 gallon drums of contaminated
sorbent material from the equipment building floor
contaminated soil from opening area not to exceed
20 cubic yards
one 55 gallon drum approximately three-quarters
full of contaminated lab water from on-site
laboratory used during initial EPA removal
activities and
-30shy
approximately seventy-five 30 gallon garbage bags
containing contaminated protective clothing and
sampling implements
b Transportation of Wastes All of the above-described
wastes will be transported in accordance with all applicaole laws and
regulations including but not limited to all Department of
Transportation (DOT) regulations Additionally all containers
shipped off site and all vehicles carrying these containers will be
properly and completely labeled and placarded in accordance with all
applicable laws and regulations
c Disposal cf Wastes The Respondents shall make all
arrangerents necessary 10 accomplish the proper disposal of all of
the ebcve-cescribed wastes This shall include making available
disprsol perscrrel frr- -e selected disposal facility as needed to
ass-re hat the pack- J-TC snipping methods used meet the disposal
f a c i l i t y specifications f~r acceptance of wastes For elt ch waste
r-aterial ~z oe rencve-j ircr tre site the Respondents shall indicate
befcrc the waste is rerrcved frcrr the site the method of disposal the
name(s) of the facilityiies) to be utilized the compliance status of
the facility(ies) to be utilized the name(s) of transporter(s) to be
utilized the method of transport for each waste and the packaging
to be utilized
d Record of Disposal The Respondents shall provide EPA
with all paperwork documenting the location of all wastes that leave
the site This shall include all temporary storage facilities that
may be utilized before the waste reaches its final destination for
disposal All wastes removed from the site will be pursuant to an
-31shy
appropriate Hazardous Waste Manifest EPAs On-Scene Coordinator
will sign each manifest relating to the Anchor Tank material so as to
indicate that EPA is the generator of the Anchor Tank material being
removed from the site For all wastes that leave the site the
Respondents will supply information to include but not be limited
to the date of arrival and departure of each waste to or from each
facility a list of all wastes in question and the signature of the
company representative who accepted the wastes in question
Additionally for any waste that is incinerated or otherwise
destroyed the Respondents shall provide certification by a company
official of the facility destroying the waste that the waste was
ndeed destroyed ard by what nethod it was destroyed
e Site Postcraticn Before final demobilization the
^espcrv-- 3 shall restore the site to an acceptable degree This
-bullill ircl-de assur-rce tl-at no trash or waste materials or equipment
associated with any rf the removal activities is left on site Any
~aterjl including soil which has not been contaminated by site
rperatiors shall be returned to its original location
2 The following activities shall also be performed by
Respondents to fulfill the objectives of the Response Action
a Work Plan The Respondents shall prepare a Work Plan
consisting of all activities and subtasks The Work Plan shall
identify all deliverables to be produced during the Work Activities
including timetables for performance of the Work Activities and
production of the deliverables The Work Plan shall identify each
previously identified waste material to be removed from the site and
the Quality Assurance and Quality Control to be used during Work
-32shy
Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
-33shy
b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
-34shy
subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
-35shy
IT IS SO AGREED
Name of Respondent General Dynamics Corporation
By
Daniel S Hapke Assistant General Counsel T i t l e
4 January 1988 Date
-28shy
IT 18 SO AGREED i
of Ropondtnt
By
-28shy
In the Matter of Cannons Engineering Corporation Administrative Order by Consent
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
Hoechst Celane^e Corporation
Heinz X HofmeistermdashVice President Title
-28shy
IT IS SO AGREED
Name of Respondent HoffaeM-La Bocht Inc
By EB Anderson Senior Viet Prttident
Title
-28shy
P3 ICIO UflWDGFT GO JMN 0 8
XT IS SO ACREEDi
of Respondent rrt
bullyi
Jlflua r v 7 shym
IT IS SO AGREED
Name of Respondent Interex^Corporation
By
Authorized Axteht Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent
By
January 13 1988 Date
Millipore CorporationWaters Associates
Senior Vice President Title
-28shy
Cannons Engineering Corporation Administrative Order by Consent Bridgewater Removal Action
IT IS SO AGREED
Name of Respondent MONSANTO COMPANY iIs
Ishy t- r S S rr- -w ~
By
ff Title
Dote
-28shy
E00 3pound
IT IS SO AGREED
Name of Respondent
By
-IVCL
pound1
Title
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
POLAROID CORPORATION
VICE PRESIDENT AND SECRETARY Title
-28shy
IT IS SO AGREED
Name of Respondent Re eyeling Industries Inc
By
Authorized Agent title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent TECH- gTCM
By
Title
Date
-28shy
ATTACHMENT A
BRIDGEWATER CANNONS ENGINEERING CORPORATION SITE CONSENT ORDER WORK PLAN
I Introduction and Purpose
The purpose of this Consent Order Work Plan is to identify
response actions to be taKen by Respondents of the Site pursuant to
the foregoing Consent Order
I1 Scooe of Work
1 The following are the removal activities required by the
Consent Order
a Renov3- cf XTas-cs The following waste materials shall
oe roTcvo^ frcn the jte poundrd properly disposed of in accordance with
ail applj^oie erv r crrort1 laws and regulations
apprcxirrateiy 400 five-gallon pails containing
waste -atoral from inside the Equipment Building
This -aterial was previously located irsice the box
trailers
approximately 400 less than five-gallon pails which
have had the contents removed into two 55-gallon
drums
approximately one drum full and one drum 34 full
which were generated from the emptying of the above
mentioned less than five-gallon containers
-29shy
approximately 350 containers of laboratory reagents
which were abandoned in the laboratory inside the
Equipment Building
a container approximately one pint in volume
containing an unknown liquid which is considered to
be shock sensitive and will be treated as such
one five-gallon pail of bulked laboratory samples
one three-gallon pail of bulked laboratory samples
approximately 1000 gallons of aqueous waste
material contained in above-ground storage
containers which include less than 10 partially
filled druTs one dumpster and one tank trailer
appr- xiTately 25000 gallons of aqueous waste
material crrtained in the underground tanks
app r bull IT -ic-ly 500 gallons of waste oil determined
to contain a CB content of less than 2 parts per
appr c bull irrately two 55 gallon drums of materials
scraped from trailer bottoms
approximately two 55 gallon drums of contaminated
sorbent material from the equipment building floor
contaminated soil from opening area not to exceed
20 cubic yards
one 55 gallon drum approximately three-quarters
full of contaminated lab water from on-site
laboratory used during initial EPA removal
activities and
-30shy
approximately seventy-five 30 gallon garbage bags
containing contaminated protective clothing and
sampling implements
b Transportation of Wastes All of the above-described
wastes will be transported in accordance with all applicaole laws and
regulations including but not limited to all Department of
Transportation (DOT) regulations Additionally all containers
shipped off site and all vehicles carrying these containers will be
properly and completely labeled and placarded in accordance with all
applicable laws and regulations
c Disposal cf Wastes The Respondents shall make all
arrangerents necessary 10 accomplish the proper disposal of all of
the ebcve-cescribed wastes This shall include making available
disprsol perscrrel frr- -e selected disposal facility as needed to
ass-re hat the pack- J-TC snipping methods used meet the disposal
f a c i l i t y specifications f~r acceptance of wastes For elt ch waste
r-aterial ~z oe rencve-j ircr tre site the Respondents shall indicate
befcrc the waste is rerrcved frcrr the site the method of disposal the
name(s) of the facilityiies) to be utilized the compliance status of
the facility(ies) to be utilized the name(s) of transporter(s) to be
utilized the method of transport for each waste and the packaging
to be utilized
d Record of Disposal The Respondents shall provide EPA
with all paperwork documenting the location of all wastes that leave
the site This shall include all temporary storage facilities that
may be utilized before the waste reaches its final destination for
disposal All wastes removed from the site will be pursuant to an
-31shy
appropriate Hazardous Waste Manifest EPAs On-Scene Coordinator
will sign each manifest relating to the Anchor Tank material so as to
indicate that EPA is the generator of the Anchor Tank material being
removed from the site For all wastes that leave the site the
Respondents will supply information to include but not be limited
to the date of arrival and departure of each waste to or from each
facility a list of all wastes in question and the signature of the
company representative who accepted the wastes in question
Additionally for any waste that is incinerated or otherwise
destroyed the Respondents shall provide certification by a company
official of the facility destroying the waste that the waste was
ndeed destroyed ard by what nethod it was destroyed
e Site Postcraticn Before final demobilization the
^espcrv-- 3 shall restore the site to an acceptable degree This
-bullill ircl-de assur-rce tl-at no trash or waste materials or equipment
associated with any rf the removal activities is left on site Any
~aterjl including soil which has not been contaminated by site
rperatiors shall be returned to its original location
2 The following activities shall also be performed by
Respondents to fulfill the objectives of the Response Action
a Work Plan The Respondents shall prepare a Work Plan
consisting of all activities and subtasks The Work Plan shall
identify all deliverables to be produced during the Work Activities
including timetables for performance of the Work Activities and
production of the deliverables The Work Plan shall identify each
previously identified waste material to be removed from the site and
the Quality Assurance and Quality Control to be used during Work
-32shy
Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
-33shy
b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
-34shy
subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
-35shy
IT 18 SO AGREED i
of Ropondtnt
By
-28shy
In the Matter of Cannons Engineering Corporation Administrative Order by Consent
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
Hoechst Celane^e Corporation
Heinz X HofmeistermdashVice President Title
-28shy
IT IS SO AGREED
Name of Respondent HoffaeM-La Bocht Inc
By EB Anderson Senior Viet Prttident
Title
-28shy
P3 ICIO UflWDGFT GO JMN 0 8
XT IS SO ACREEDi
of Respondent rrt
bullyi
Jlflua r v 7 shym
IT IS SO AGREED
Name of Respondent Interex^Corporation
By
Authorized Axteht Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent
By
January 13 1988 Date
Millipore CorporationWaters Associates
Senior Vice President Title
-28shy
Cannons Engineering Corporation Administrative Order by Consent Bridgewater Removal Action
IT IS SO AGREED
Name of Respondent MONSANTO COMPANY iIs
Ishy t- r S S rr- -w ~
By
ff Title
Dote
-28shy
E00 3pound
IT IS SO AGREED
Name of Respondent
By
-IVCL
pound1
Title
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
POLAROID CORPORATION
VICE PRESIDENT AND SECRETARY Title
-28shy
IT IS SO AGREED
Name of Respondent Re eyeling Industries Inc
By
Authorized Agent title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent TECH- gTCM
By
Title
Date
-28shy
ATTACHMENT A
BRIDGEWATER CANNONS ENGINEERING CORPORATION SITE CONSENT ORDER WORK PLAN
I Introduction and Purpose
The purpose of this Consent Order Work Plan is to identify
response actions to be taKen by Respondents of the Site pursuant to
the foregoing Consent Order
I1 Scooe of Work
1 The following are the removal activities required by the
Consent Order
a Renov3- cf XTas-cs The following waste materials shall
oe roTcvo^ frcn the jte poundrd properly disposed of in accordance with
ail applj^oie erv r crrort1 laws and regulations
apprcxirrateiy 400 five-gallon pails containing
waste -atoral from inside the Equipment Building
This -aterial was previously located irsice the box
trailers
approximately 400 less than five-gallon pails which
have had the contents removed into two 55-gallon
drums
approximately one drum full and one drum 34 full
which were generated from the emptying of the above
mentioned less than five-gallon containers
-29shy
approximately 350 containers of laboratory reagents
which were abandoned in the laboratory inside the
Equipment Building
a container approximately one pint in volume
containing an unknown liquid which is considered to
be shock sensitive and will be treated as such
one five-gallon pail of bulked laboratory samples
one three-gallon pail of bulked laboratory samples
approximately 1000 gallons of aqueous waste
material contained in above-ground storage
containers which include less than 10 partially
filled druTs one dumpster and one tank trailer
appr- xiTately 25000 gallons of aqueous waste
material crrtained in the underground tanks
app r bull IT -ic-ly 500 gallons of waste oil determined
to contain a CB content of less than 2 parts per
appr c bull irrately two 55 gallon drums of materials
scraped from trailer bottoms
approximately two 55 gallon drums of contaminated
sorbent material from the equipment building floor
contaminated soil from opening area not to exceed
20 cubic yards
one 55 gallon drum approximately three-quarters
full of contaminated lab water from on-site
laboratory used during initial EPA removal
activities and
-30shy
approximately seventy-five 30 gallon garbage bags
containing contaminated protective clothing and
sampling implements
b Transportation of Wastes All of the above-described
wastes will be transported in accordance with all applicaole laws and
regulations including but not limited to all Department of
Transportation (DOT) regulations Additionally all containers
shipped off site and all vehicles carrying these containers will be
properly and completely labeled and placarded in accordance with all
applicable laws and regulations
c Disposal cf Wastes The Respondents shall make all
arrangerents necessary 10 accomplish the proper disposal of all of
the ebcve-cescribed wastes This shall include making available
disprsol perscrrel frr- -e selected disposal facility as needed to
ass-re hat the pack- J-TC snipping methods used meet the disposal
f a c i l i t y specifications f~r acceptance of wastes For elt ch waste
r-aterial ~z oe rencve-j ircr tre site the Respondents shall indicate
befcrc the waste is rerrcved frcrr the site the method of disposal the
name(s) of the facilityiies) to be utilized the compliance status of
the facility(ies) to be utilized the name(s) of transporter(s) to be
utilized the method of transport for each waste and the packaging
to be utilized
d Record of Disposal The Respondents shall provide EPA
with all paperwork documenting the location of all wastes that leave
the site This shall include all temporary storage facilities that
may be utilized before the waste reaches its final destination for
disposal All wastes removed from the site will be pursuant to an
-31shy
appropriate Hazardous Waste Manifest EPAs On-Scene Coordinator
will sign each manifest relating to the Anchor Tank material so as to
indicate that EPA is the generator of the Anchor Tank material being
removed from the site For all wastes that leave the site the
Respondents will supply information to include but not be limited
to the date of arrival and departure of each waste to or from each
facility a list of all wastes in question and the signature of the
company representative who accepted the wastes in question
Additionally for any waste that is incinerated or otherwise
destroyed the Respondents shall provide certification by a company
official of the facility destroying the waste that the waste was
ndeed destroyed ard by what nethod it was destroyed
e Site Postcraticn Before final demobilization the
^espcrv-- 3 shall restore the site to an acceptable degree This
-bullill ircl-de assur-rce tl-at no trash or waste materials or equipment
associated with any rf the removal activities is left on site Any
~aterjl including soil which has not been contaminated by site
rperatiors shall be returned to its original location
2 The following activities shall also be performed by
Respondents to fulfill the objectives of the Response Action
a Work Plan The Respondents shall prepare a Work Plan
consisting of all activities and subtasks The Work Plan shall
identify all deliverables to be produced during the Work Activities
including timetables for performance of the Work Activities and
production of the deliverables The Work Plan shall identify each
previously identified waste material to be removed from the site and
the Quality Assurance and Quality Control to be used during Work
-32shy
Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
-33shy
b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
-34shy
subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
-35shy
In the Matter of Cannons Engineering Corporation Administrative Order by Consent
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
Hoechst Celane^e Corporation
Heinz X HofmeistermdashVice President Title
-28shy
IT IS SO AGREED
Name of Respondent HoffaeM-La Bocht Inc
By EB Anderson Senior Viet Prttident
Title
-28shy
P3 ICIO UflWDGFT GO JMN 0 8
XT IS SO ACREEDi
of Respondent rrt
bullyi
Jlflua r v 7 shym
IT IS SO AGREED
Name of Respondent Interex^Corporation
By
Authorized Axteht Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent
By
January 13 1988 Date
Millipore CorporationWaters Associates
Senior Vice President Title
-28shy
Cannons Engineering Corporation Administrative Order by Consent Bridgewater Removal Action
IT IS SO AGREED
Name of Respondent MONSANTO COMPANY iIs
Ishy t- r S S rr- -w ~
By
ff Title
Dote
-28shy
E00 3pound
IT IS SO AGREED
Name of Respondent
By
-IVCL
pound1
Title
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
POLAROID CORPORATION
VICE PRESIDENT AND SECRETARY Title
-28shy
IT IS SO AGREED
Name of Respondent Re eyeling Industries Inc
By
Authorized Agent title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent TECH- gTCM
By
Title
Date
-28shy
ATTACHMENT A
BRIDGEWATER CANNONS ENGINEERING CORPORATION SITE CONSENT ORDER WORK PLAN
I Introduction and Purpose
The purpose of this Consent Order Work Plan is to identify
response actions to be taKen by Respondents of the Site pursuant to
the foregoing Consent Order
I1 Scooe of Work
1 The following are the removal activities required by the
Consent Order
a Renov3- cf XTas-cs The following waste materials shall
oe roTcvo^ frcn the jte poundrd properly disposed of in accordance with
ail applj^oie erv r crrort1 laws and regulations
apprcxirrateiy 400 five-gallon pails containing
waste -atoral from inside the Equipment Building
This -aterial was previously located irsice the box
trailers
approximately 400 less than five-gallon pails which
have had the contents removed into two 55-gallon
drums
approximately one drum full and one drum 34 full
which were generated from the emptying of the above
mentioned less than five-gallon containers
-29shy
approximately 350 containers of laboratory reagents
which were abandoned in the laboratory inside the
Equipment Building
a container approximately one pint in volume
containing an unknown liquid which is considered to
be shock sensitive and will be treated as such
one five-gallon pail of bulked laboratory samples
one three-gallon pail of bulked laboratory samples
approximately 1000 gallons of aqueous waste
material contained in above-ground storage
containers which include less than 10 partially
filled druTs one dumpster and one tank trailer
appr- xiTately 25000 gallons of aqueous waste
material crrtained in the underground tanks
app r bull IT -ic-ly 500 gallons of waste oil determined
to contain a CB content of less than 2 parts per
appr c bull irrately two 55 gallon drums of materials
scraped from trailer bottoms
approximately two 55 gallon drums of contaminated
sorbent material from the equipment building floor
contaminated soil from opening area not to exceed
20 cubic yards
one 55 gallon drum approximately three-quarters
full of contaminated lab water from on-site
laboratory used during initial EPA removal
activities and
-30shy
approximately seventy-five 30 gallon garbage bags
containing contaminated protective clothing and
sampling implements
b Transportation of Wastes All of the above-described
wastes will be transported in accordance with all applicaole laws and
regulations including but not limited to all Department of
Transportation (DOT) regulations Additionally all containers
shipped off site and all vehicles carrying these containers will be
properly and completely labeled and placarded in accordance with all
applicable laws and regulations
c Disposal cf Wastes The Respondents shall make all
arrangerents necessary 10 accomplish the proper disposal of all of
the ebcve-cescribed wastes This shall include making available
disprsol perscrrel frr- -e selected disposal facility as needed to
ass-re hat the pack- J-TC snipping methods used meet the disposal
f a c i l i t y specifications f~r acceptance of wastes For elt ch waste
r-aterial ~z oe rencve-j ircr tre site the Respondents shall indicate
befcrc the waste is rerrcved frcrr the site the method of disposal the
name(s) of the facilityiies) to be utilized the compliance status of
the facility(ies) to be utilized the name(s) of transporter(s) to be
utilized the method of transport for each waste and the packaging
to be utilized
d Record of Disposal The Respondents shall provide EPA
with all paperwork documenting the location of all wastes that leave
the site This shall include all temporary storage facilities that
may be utilized before the waste reaches its final destination for
disposal All wastes removed from the site will be pursuant to an
-31shy
appropriate Hazardous Waste Manifest EPAs On-Scene Coordinator
will sign each manifest relating to the Anchor Tank material so as to
indicate that EPA is the generator of the Anchor Tank material being
removed from the site For all wastes that leave the site the
Respondents will supply information to include but not be limited
to the date of arrival and departure of each waste to or from each
facility a list of all wastes in question and the signature of the
company representative who accepted the wastes in question
Additionally for any waste that is incinerated or otherwise
destroyed the Respondents shall provide certification by a company
official of the facility destroying the waste that the waste was
ndeed destroyed ard by what nethod it was destroyed
e Site Postcraticn Before final demobilization the
^espcrv-- 3 shall restore the site to an acceptable degree This
-bullill ircl-de assur-rce tl-at no trash or waste materials or equipment
associated with any rf the removal activities is left on site Any
~aterjl including soil which has not been contaminated by site
rperatiors shall be returned to its original location
2 The following activities shall also be performed by
Respondents to fulfill the objectives of the Response Action
a Work Plan The Respondents shall prepare a Work Plan
consisting of all activities and subtasks The Work Plan shall
identify all deliverables to be produced during the Work Activities
including timetables for performance of the Work Activities and
production of the deliverables The Work Plan shall identify each
previously identified waste material to be removed from the site and
the Quality Assurance and Quality Control to be used during Work
-32shy
Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
-33shy
b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
-34shy
subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
-35shy
IT IS SO AGREED
Name of Respondent HoffaeM-La Bocht Inc
By EB Anderson Senior Viet Prttident
Title
-28shy
P3 ICIO UflWDGFT GO JMN 0 8
XT IS SO ACREEDi
of Respondent rrt
bullyi
Jlflua r v 7 shym
IT IS SO AGREED
Name of Respondent Interex^Corporation
By
Authorized Axteht Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent
By
January 13 1988 Date
Millipore CorporationWaters Associates
Senior Vice President Title
-28shy
Cannons Engineering Corporation Administrative Order by Consent Bridgewater Removal Action
IT IS SO AGREED
Name of Respondent MONSANTO COMPANY iIs
Ishy t- r S S rr- -w ~
By
ff Title
Dote
-28shy
E00 3pound
IT IS SO AGREED
Name of Respondent
By
-IVCL
pound1
Title
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
POLAROID CORPORATION
VICE PRESIDENT AND SECRETARY Title
-28shy
IT IS SO AGREED
Name of Respondent Re eyeling Industries Inc
By
Authorized Agent title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent TECH- gTCM
By
Title
Date
-28shy
ATTACHMENT A
BRIDGEWATER CANNONS ENGINEERING CORPORATION SITE CONSENT ORDER WORK PLAN
I Introduction and Purpose
The purpose of this Consent Order Work Plan is to identify
response actions to be taKen by Respondents of the Site pursuant to
the foregoing Consent Order
I1 Scooe of Work
1 The following are the removal activities required by the
Consent Order
a Renov3- cf XTas-cs The following waste materials shall
oe roTcvo^ frcn the jte poundrd properly disposed of in accordance with
ail applj^oie erv r crrort1 laws and regulations
apprcxirrateiy 400 five-gallon pails containing
waste -atoral from inside the Equipment Building
This -aterial was previously located irsice the box
trailers
approximately 400 less than five-gallon pails which
have had the contents removed into two 55-gallon
drums
approximately one drum full and one drum 34 full
which were generated from the emptying of the above
mentioned less than five-gallon containers
-29shy
approximately 350 containers of laboratory reagents
which were abandoned in the laboratory inside the
Equipment Building
a container approximately one pint in volume
containing an unknown liquid which is considered to
be shock sensitive and will be treated as such
one five-gallon pail of bulked laboratory samples
one three-gallon pail of bulked laboratory samples
approximately 1000 gallons of aqueous waste
material contained in above-ground storage
containers which include less than 10 partially
filled druTs one dumpster and one tank trailer
appr- xiTately 25000 gallons of aqueous waste
material crrtained in the underground tanks
app r bull IT -ic-ly 500 gallons of waste oil determined
to contain a CB content of less than 2 parts per
appr c bull irrately two 55 gallon drums of materials
scraped from trailer bottoms
approximately two 55 gallon drums of contaminated
sorbent material from the equipment building floor
contaminated soil from opening area not to exceed
20 cubic yards
one 55 gallon drum approximately three-quarters
full of contaminated lab water from on-site
laboratory used during initial EPA removal
activities and
-30shy
approximately seventy-five 30 gallon garbage bags
containing contaminated protective clothing and
sampling implements
b Transportation of Wastes All of the above-described
wastes will be transported in accordance with all applicaole laws and
regulations including but not limited to all Department of
Transportation (DOT) regulations Additionally all containers
shipped off site and all vehicles carrying these containers will be
properly and completely labeled and placarded in accordance with all
applicable laws and regulations
c Disposal cf Wastes The Respondents shall make all
arrangerents necessary 10 accomplish the proper disposal of all of
the ebcve-cescribed wastes This shall include making available
disprsol perscrrel frr- -e selected disposal facility as needed to
ass-re hat the pack- J-TC snipping methods used meet the disposal
f a c i l i t y specifications f~r acceptance of wastes For elt ch waste
r-aterial ~z oe rencve-j ircr tre site the Respondents shall indicate
befcrc the waste is rerrcved frcrr the site the method of disposal the
name(s) of the facilityiies) to be utilized the compliance status of
the facility(ies) to be utilized the name(s) of transporter(s) to be
utilized the method of transport for each waste and the packaging
to be utilized
d Record of Disposal The Respondents shall provide EPA
with all paperwork documenting the location of all wastes that leave
the site This shall include all temporary storage facilities that
may be utilized before the waste reaches its final destination for
disposal All wastes removed from the site will be pursuant to an
-31shy
appropriate Hazardous Waste Manifest EPAs On-Scene Coordinator
will sign each manifest relating to the Anchor Tank material so as to
indicate that EPA is the generator of the Anchor Tank material being
removed from the site For all wastes that leave the site the
Respondents will supply information to include but not be limited
to the date of arrival and departure of each waste to or from each
facility a list of all wastes in question and the signature of the
company representative who accepted the wastes in question
Additionally for any waste that is incinerated or otherwise
destroyed the Respondents shall provide certification by a company
official of the facility destroying the waste that the waste was
ndeed destroyed ard by what nethod it was destroyed
e Site Postcraticn Before final demobilization the
^espcrv-- 3 shall restore the site to an acceptable degree This
-bullill ircl-de assur-rce tl-at no trash or waste materials or equipment
associated with any rf the removal activities is left on site Any
~aterjl including soil which has not been contaminated by site
rperatiors shall be returned to its original location
2 The following activities shall also be performed by
Respondents to fulfill the objectives of the Response Action
a Work Plan The Respondents shall prepare a Work Plan
consisting of all activities and subtasks The Work Plan shall
identify all deliverables to be produced during the Work Activities
including timetables for performance of the Work Activities and
production of the deliverables The Work Plan shall identify each
previously identified waste material to be removed from the site and
the Quality Assurance and Quality Control to be used during Work
-32shy
Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
-33shy
b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
-34shy
subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
-35shy
P3 ICIO UflWDGFT GO JMN 0 8
XT IS SO ACREEDi
of Respondent rrt
bullyi
Jlflua r v 7 shym
IT IS SO AGREED
Name of Respondent Interex^Corporation
By
Authorized Axteht Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent
By
January 13 1988 Date
Millipore CorporationWaters Associates
Senior Vice President Title
-28shy
Cannons Engineering Corporation Administrative Order by Consent Bridgewater Removal Action
IT IS SO AGREED
Name of Respondent MONSANTO COMPANY iIs
Ishy t- r S S rr- -w ~
By
ff Title
Dote
-28shy
E00 3pound
IT IS SO AGREED
Name of Respondent
By
-IVCL
pound1
Title
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
POLAROID CORPORATION
VICE PRESIDENT AND SECRETARY Title
-28shy
IT IS SO AGREED
Name of Respondent Re eyeling Industries Inc
By
Authorized Agent title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent TECH- gTCM
By
Title
Date
-28shy
ATTACHMENT A
BRIDGEWATER CANNONS ENGINEERING CORPORATION SITE CONSENT ORDER WORK PLAN
I Introduction and Purpose
The purpose of this Consent Order Work Plan is to identify
response actions to be taKen by Respondents of the Site pursuant to
the foregoing Consent Order
I1 Scooe of Work
1 The following are the removal activities required by the
Consent Order
a Renov3- cf XTas-cs The following waste materials shall
oe roTcvo^ frcn the jte poundrd properly disposed of in accordance with
ail applj^oie erv r crrort1 laws and regulations
apprcxirrateiy 400 five-gallon pails containing
waste -atoral from inside the Equipment Building
This -aterial was previously located irsice the box
trailers
approximately 400 less than five-gallon pails which
have had the contents removed into two 55-gallon
drums
approximately one drum full and one drum 34 full
which were generated from the emptying of the above
mentioned less than five-gallon containers
-29shy
approximately 350 containers of laboratory reagents
which were abandoned in the laboratory inside the
Equipment Building
a container approximately one pint in volume
containing an unknown liquid which is considered to
be shock sensitive and will be treated as such
one five-gallon pail of bulked laboratory samples
one three-gallon pail of bulked laboratory samples
approximately 1000 gallons of aqueous waste
material contained in above-ground storage
containers which include less than 10 partially
filled druTs one dumpster and one tank trailer
appr- xiTately 25000 gallons of aqueous waste
material crrtained in the underground tanks
app r bull IT -ic-ly 500 gallons of waste oil determined
to contain a CB content of less than 2 parts per
appr c bull irrately two 55 gallon drums of materials
scraped from trailer bottoms
approximately two 55 gallon drums of contaminated
sorbent material from the equipment building floor
contaminated soil from opening area not to exceed
20 cubic yards
one 55 gallon drum approximately three-quarters
full of contaminated lab water from on-site
laboratory used during initial EPA removal
activities and
-30shy
approximately seventy-five 30 gallon garbage bags
containing contaminated protective clothing and
sampling implements
b Transportation of Wastes All of the above-described
wastes will be transported in accordance with all applicaole laws and
regulations including but not limited to all Department of
Transportation (DOT) regulations Additionally all containers
shipped off site and all vehicles carrying these containers will be
properly and completely labeled and placarded in accordance with all
applicable laws and regulations
c Disposal cf Wastes The Respondents shall make all
arrangerents necessary 10 accomplish the proper disposal of all of
the ebcve-cescribed wastes This shall include making available
disprsol perscrrel frr- -e selected disposal facility as needed to
ass-re hat the pack- J-TC snipping methods used meet the disposal
f a c i l i t y specifications f~r acceptance of wastes For elt ch waste
r-aterial ~z oe rencve-j ircr tre site the Respondents shall indicate
befcrc the waste is rerrcved frcrr the site the method of disposal the
name(s) of the facilityiies) to be utilized the compliance status of
the facility(ies) to be utilized the name(s) of transporter(s) to be
utilized the method of transport for each waste and the packaging
to be utilized
d Record of Disposal The Respondents shall provide EPA
with all paperwork documenting the location of all wastes that leave
the site This shall include all temporary storage facilities that
may be utilized before the waste reaches its final destination for
disposal All wastes removed from the site will be pursuant to an
-31shy
appropriate Hazardous Waste Manifest EPAs On-Scene Coordinator
will sign each manifest relating to the Anchor Tank material so as to
indicate that EPA is the generator of the Anchor Tank material being
removed from the site For all wastes that leave the site the
Respondents will supply information to include but not be limited
to the date of arrival and departure of each waste to or from each
facility a list of all wastes in question and the signature of the
company representative who accepted the wastes in question
Additionally for any waste that is incinerated or otherwise
destroyed the Respondents shall provide certification by a company
official of the facility destroying the waste that the waste was
ndeed destroyed ard by what nethod it was destroyed
e Site Postcraticn Before final demobilization the
^espcrv-- 3 shall restore the site to an acceptable degree This
-bullill ircl-de assur-rce tl-at no trash or waste materials or equipment
associated with any rf the removal activities is left on site Any
~aterjl including soil which has not been contaminated by site
rperatiors shall be returned to its original location
2 The following activities shall also be performed by
Respondents to fulfill the objectives of the Response Action
a Work Plan The Respondents shall prepare a Work Plan
consisting of all activities and subtasks The Work Plan shall
identify all deliverables to be produced during the Work Activities
including timetables for performance of the Work Activities and
production of the deliverables The Work Plan shall identify each
previously identified waste material to be removed from the site and
the Quality Assurance and Quality Control to be used during Work
-32shy
Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
-33shy
b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
-34shy
subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
-35shy
IT IS SO AGREED
Name of Respondent Interex^Corporation
By
Authorized Axteht Title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent
By
January 13 1988 Date
Millipore CorporationWaters Associates
Senior Vice President Title
-28shy
Cannons Engineering Corporation Administrative Order by Consent Bridgewater Removal Action
IT IS SO AGREED
Name of Respondent MONSANTO COMPANY iIs
Ishy t- r S S rr- -w ~
By
ff Title
Dote
-28shy
E00 3pound
IT IS SO AGREED
Name of Respondent
By
-IVCL
pound1
Title
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
POLAROID CORPORATION
VICE PRESIDENT AND SECRETARY Title
-28shy
IT IS SO AGREED
Name of Respondent Re eyeling Industries Inc
By
Authorized Agent title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent TECH- gTCM
By
Title
Date
-28shy
ATTACHMENT A
BRIDGEWATER CANNONS ENGINEERING CORPORATION SITE CONSENT ORDER WORK PLAN
I Introduction and Purpose
The purpose of this Consent Order Work Plan is to identify
response actions to be taKen by Respondents of the Site pursuant to
the foregoing Consent Order
I1 Scooe of Work
1 The following are the removal activities required by the
Consent Order
a Renov3- cf XTas-cs The following waste materials shall
oe roTcvo^ frcn the jte poundrd properly disposed of in accordance with
ail applj^oie erv r crrort1 laws and regulations
apprcxirrateiy 400 five-gallon pails containing
waste -atoral from inside the Equipment Building
This -aterial was previously located irsice the box
trailers
approximately 400 less than five-gallon pails which
have had the contents removed into two 55-gallon
drums
approximately one drum full and one drum 34 full
which were generated from the emptying of the above
mentioned less than five-gallon containers
-29shy
approximately 350 containers of laboratory reagents
which were abandoned in the laboratory inside the
Equipment Building
a container approximately one pint in volume
containing an unknown liquid which is considered to
be shock sensitive and will be treated as such
one five-gallon pail of bulked laboratory samples
one three-gallon pail of bulked laboratory samples
approximately 1000 gallons of aqueous waste
material contained in above-ground storage
containers which include less than 10 partially
filled druTs one dumpster and one tank trailer
appr- xiTately 25000 gallons of aqueous waste
material crrtained in the underground tanks
app r bull IT -ic-ly 500 gallons of waste oil determined
to contain a CB content of less than 2 parts per
appr c bull irrately two 55 gallon drums of materials
scraped from trailer bottoms
approximately two 55 gallon drums of contaminated
sorbent material from the equipment building floor
contaminated soil from opening area not to exceed
20 cubic yards
one 55 gallon drum approximately three-quarters
full of contaminated lab water from on-site
laboratory used during initial EPA removal
activities and
-30shy
approximately seventy-five 30 gallon garbage bags
containing contaminated protective clothing and
sampling implements
b Transportation of Wastes All of the above-described
wastes will be transported in accordance with all applicaole laws and
regulations including but not limited to all Department of
Transportation (DOT) regulations Additionally all containers
shipped off site and all vehicles carrying these containers will be
properly and completely labeled and placarded in accordance with all
applicable laws and regulations
c Disposal cf Wastes The Respondents shall make all
arrangerents necessary 10 accomplish the proper disposal of all of
the ebcve-cescribed wastes This shall include making available
disprsol perscrrel frr- -e selected disposal facility as needed to
ass-re hat the pack- J-TC snipping methods used meet the disposal
f a c i l i t y specifications f~r acceptance of wastes For elt ch waste
r-aterial ~z oe rencve-j ircr tre site the Respondents shall indicate
befcrc the waste is rerrcved frcrr the site the method of disposal the
name(s) of the facilityiies) to be utilized the compliance status of
the facility(ies) to be utilized the name(s) of transporter(s) to be
utilized the method of transport for each waste and the packaging
to be utilized
d Record of Disposal The Respondents shall provide EPA
with all paperwork documenting the location of all wastes that leave
the site This shall include all temporary storage facilities that
may be utilized before the waste reaches its final destination for
disposal All wastes removed from the site will be pursuant to an
-31shy
appropriate Hazardous Waste Manifest EPAs On-Scene Coordinator
will sign each manifest relating to the Anchor Tank material so as to
indicate that EPA is the generator of the Anchor Tank material being
removed from the site For all wastes that leave the site the
Respondents will supply information to include but not be limited
to the date of arrival and departure of each waste to or from each
facility a list of all wastes in question and the signature of the
company representative who accepted the wastes in question
Additionally for any waste that is incinerated or otherwise
destroyed the Respondents shall provide certification by a company
official of the facility destroying the waste that the waste was
ndeed destroyed ard by what nethod it was destroyed
e Site Postcraticn Before final demobilization the
^espcrv-- 3 shall restore the site to an acceptable degree This
-bullill ircl-de assur-rce tl-at no trash or waste materials or equipment
associated with any rf the removal activities is left on site Any
~aterjl including soil which has not been contaminated by site
rperatiors shall be returned to its original location
2 The following activities shall also be performed by
Respondents to fulfill the objectives of the Response Action
a Work Plan The Respondents shall prepare a Work Plan
consisting of all activities and subtasks The Work Plan shall
identify all deliverables to be produced during the Work Activities
including timetables for performance of the Work Activities and
production of the deliverables The Work Plan shall identify each
previously identified waste material to be removed from the site and
the Quality Assurance and Quality Control to be used during Work
-32shy
Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
-33shy
b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
-34shy
subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
-35shy
IT IS SO AGREED
Name of Respondent
By
January 13 1988 Date
Millipore CorporationWaters Associates
Senior Vice President Title
-28shy
Cannons Engineering Corporation Administrative Order by Consent Bridgewater Removal Action
IT IS SO AGREED
Name of Respondent MONSANTO COMPANY iIs
Ishy t- r S S rr- -w ~
By
ff Title
Dote
-28shy
E00 3pound
IT IS SO AGREED
Name of Respondent
By
-IVCL
pound1
Title
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
POLAROID CORPORATION
VICE PRESIDENT AND SECRETARY Title
-28shy
IT IS SO AGREED
Name of Respondent Re eyeling Industries Inc
By
Authorized Agent title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent TECH- gTCM
By
Title
Date
-28shy
ATTACHMENT A
BRIDGEWATER CANNONS ENGINEERING CORPORATION SITE CONSENT ORDER WORK PLAN
I Introduction and Purpose
The purpose of this Consent Order Work Plan is to identify
response actions to be taKen by Respondents of the Site pursuant to
the foregoing Consent Order
I1 Scooe of Work
1 The following are the removal activities required by the
Consent Order
a Renov3- cf XTas-cs The following waste materials shall
oe roTcvo^ frcn the jte poundrd properly disposed of in accordance with
ail applj^oie erv r crrort1 laws and regulations
apprcxirrateiy 400 five-gallon pails containing
waste -atoral from inside the Equipment Building
This -aterial was previously located irsice the box
trailers
approximately 400 less than five-gallon pails which
have had the contents removed into two 55-gallon
drums
approximately one drum full and one drum 34 full
which were generated from the emptying of the above
mentioned less than five-gallon containers
-29shy
approximately 350 containers of laboratory reagents
which were abandoned in the laboratory inside the
Equipment Building
a container approximately one pint in volume
containing an unknown liquid which is considered to
be shock sensitive and will be treated as such
one five-gallon pail of bulked laboratory samples
one three-gallon pail of bulked laboratory samples
approximately 1000 gallons of aqueous waste
material contained in above-ground storage
containers which include less than 10 partially
filled druTs one dumpster and one tank trailer
appr- xiTately 25000 gallons of aqueous waste
material crrtained in the underground tanks
app r bull IT -ic-ly 500 gallons of waste oil determined
to contain a CB content of less than 2 parts per
appr c bull irrately two 55 gallon drums of materials
scraped from trailer bottoms
approximately two 55 gallon drums of contaminated
sorbent material from the equipment building floor
contaminated soil from opening area not to exceed
20 cubic yards
one 55 gallon drum approximately three-quarters
full of contaminated lab water from on-site
laboratory used during initial EPA removal
activities and
-30shy
approximately seventy-five 30 gallon garbage bags
containing contaminated protective clothing and
sampling implements
b Transportation of Wastes All of the above-described
wastes will be transported in accordance with all applicaole laws and
regulations including but not limited to all Department of
Transportation (DOT) regulations Additionally all containers
shipped off site and all vehicles carrying these containers will be
properly and completely labeled and placarded in accordance with all
applicable laws and regulations
c Disposal cf Wastes The Respondents shall make all
arrangerents necessary 10 accomplish the proper disposal of all of
the ebcve-cescribed wastes This shall include making available
disprsol perscrrel frr- -e selected disposal facility as needed to
ass-re hat the pack- J-TC snipping methods used meet the disposal
f a c i l i t y specifications f~r acceptance of wastes For elt ch waste
r-aterial ~z oe rencve-j ircr tre site the Respondents shall indicate
befcrc the waste is rerrcved frcrr the site the method of disposal the
name(s) of the facilityiies) to be utilized the compliance status of
the facility(ies) to be utilized the name(s) of transporter(s) to be
utilized the method of transport for each waste and the packaging
to be utilized
d Record of Disposal The Respondents shall provide EPA
with all paperwork documenting the location of all wastes that leave
the site This shall include all temporary storage facilities that
may be utilized before the waste reaches its final destination for
disposal All wastes removed from the site will be pursuant to an
-31shy
appropriate Hazardous Waste Manifest EPAs On-Scene Coordinator
will sign each manifest relating to the Anchor Tank material so as to
indicate that EPA is the generator of the Anchor Tank material being
removed from the site For all wastes that leave the site the
Respondents will supply information to include but not be limited
to the date of arrival and departure of each waste to or from each
facility a list of all wastes in question and the signature of the
company representative who accepted the wastes in question
Additionally for any waste that is incinerated or otherwise
destroyed the Respondents shall provide certification by a company
official of the facility destroying the waste that the waste was
ndeed destroyed ard by what nethod it was destroyed
e Site Postcraticn Before final demobilization the
^espcrv-- 3 shall restore the site to an acceptable degree This
-bullill ircl-de assur-rce tl-at no trash or waste materials or equipment
associated with any rf the removal activities is left on site Any
~aterjl including soil which has not been contaminated by site
rperatiors shall be returned to its original location
2 The following activities shall also be performed by
Respondents to fulfill the objectives of the Response Action
a Work Plan The Respondents shall prepare a Work Plan
consisting of all activities and subtasks The Work Plan shall
identify all deliverables to be produced during the Work Activities
including timetables for performance of the Work Activities and
production of the deliverables The Work Plan shall identify each
previously identified waste material to be removed from the site and
the Quality Assurance and Quality Control to be used during Work
-32shy
Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
-33shy
b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
-34shy
subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
-35shy
Cannons Engineering Corporation Administrative Order by Consent Bridgewater Removal Action
IT IS SO AGREED
Name of Respondent MONSANTO COMPANY iIs
Ishy t- r S S rr- -w ~
By
ff Title
Dote
-28shy
E00 3pound
IT IS SO AGREED
Name of Respondent
By
-IVCL
pound1
Title
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
POLAROID CORPORATION
VICE PRESIDENT AND SECRETARY Title
-28shy
IT IS SO AGREED
Name of Respondent Re eyeling Industries Inc
By
Authorized Agent title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent TECH- gTCM
By
Title
Date
-28shy
ATTACHMENT A
BRIDGEWATER CANNONS ENGINEERING CORPORATION SITE CONSENT ORDER WORK PLAN
I Introduction and Purpose
The purpose of this Consent Order Work Plan is to identify
response actions to be taKen by Respondents of the Site pursuant to
the foregoing Consent Order
I1 Scooe of Work
1 The following are the removal activities required by the
Consent Order
a Renov3- cf XTas-cs The following waste materials shall
oe roTcvo^ frcn the jte poundrd properly disposed of in accordance with
ail applj^oie erv r crrort1 laws and regulations
apprcxirrateiy 400 five-gallon pails containing
waste -atoral from inside the Equipment Building
This -aterial was previously located irsice the box
trailers
approximately 400 less than five-gallon pails which
have had the contents removed into two 55-gallon
drums
approximately one drum full and one drum 34 full
which were generated from the emptying of the above
mentioned less than five-gallon containers
-29shy
approximately 350 containers of laboratory reagents
which were abandoned in the laboratory inside the
Equipment Building
a container approximately one pint in volume
containing an unknown liquid which is considered to
be shock sensitive and will be treated as such
one five-gallon pail of bulked laboratory samples
one three-gallon pail of bulked laboratory samples
approximately 1000 gallons of aqueous waste
material contained in above-ground storage
containers which include less than 10 partially
filled druTs one dumpster and one tank trailer
appr- xiTately 25000 gallons of aqueous waste
material crrtained in the underground tanks
app r bull IT -ic-ly 500 gallons of waste oil determined
to contain a CB content of less than 2 parts per
appr c bull irrately two 55 gallon drums of materials
scraped from trailer bottoms
approximately two 55 gallon drums of contaminated
sorbent material from the equipment building floor
contaminated soil from opening area not to exceed
20 cubic yards
one 55 gallon drum approximately three-quarters
full of contaminated lab water from on-site
laboratory used during initial EPA removal
activities and
-30shy
approximately seventy-five 30 gallon garbage bags
containing contaminated protective clothing and
sampling implements
b Transportation of Wastes All of the above-described
wastes will be transported in accordance with all applicaole laws and
regulations including but not limited to all Department of
Transportation (DOT) regulations Additionally all containers
shipped off site and all vehicles carrying these containers will be
properly and completely labeled and placarded in accordance with all
applicable laws and regulations
c Disposal cf Wastes The Respondents shall make all
arrangerents necessary 10 accomplish the proper disposal of all of
the ebcve-cescribed wastes This shall include making available
disprsol perscrrel frr- -e selected disposal facility as needed to
ass-re hat the pack- J-TC snipping methods used meet the disposal
f a c i l i t y specifications f~r acceptance of wastes For elt ch waste
r-aterial ~z oe rencve-j ircr tre site the Respondents shall indicate
befcrc the waste is rerrcved frcrr the site the method of disposal the
name(s) of the facilityiies) to be utilized the compliance status of
the facility(ies) to be utilized the name(s) of transporter(s) to be
utilized the method of transport for each waste and the packaging
to be utilized
d Record of Disposal The Respondents shall provide EPA
with all paperwork documenting the location of all wastes that leave
the site This shall include all temporary storage facilities that
may be utilized before the waste reaches its final destination for
disposal All wastes removed from the site will be pursuant to an
-31shy
appropriate Hazardous Waste Manifest EPAs On-Scene Coordinator
will sign each manifest relating to the Anchor Tank material so as to
indicate that EPA is the generator of the Anchor Tank material being
removed from the site For all wastes that leave the site the
Respondents will supply information to include but not be limited
to the date of arrival and departure of each waste to or from each
facility a list of all wastes in question and the signature of the
company representative who accepted the wastes in question
Additionally for any waste that is incinerated or otherwise
destroyed the Respondents shall provide certification by a company
official of the facility destroying the waste that the waste was
ndeed destroyed ard by what nethod it was destroyed
e Site Postcraticn Before final demobilization the
^espcrv-- 3 shall restore the site to an acceptable degree This
-bullill ircl-de assur-rce tl-at no trash or waste materials or equipment
associated with any rf the removal activities is left on site Any
~aterjl including soil which has not been contaminated by site
rperatiors shall be returned to its original location
2 The following activities shall also be performed by
Respondents to fulfill the objectives of the Response Action
a Work Plan The Respondents shall prepare a Work Plan
consisting of all activities and subtasks The Work Plan shall
identify all deliverables to be produced during the Work Activities
including timetables for performance of the Work Activities and
production of the deliverables The Work Plan shall identify each
previously identified waste material to be removed from the site and
the Quality Assurance and Quality Control to be used during Work
-32shy
Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
-33shy
b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
-34shy
subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
-35shy
E00 3pound
IT IS SO AGREED
Name of Respondent
By
-IVCL
pound1
Title
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
POLAROID CORPORATION
VICE PRESIDENT AND SECRETARY Title
-28shy
IT IS SO AGREED
Name of Respondent Re eyeling Industries Inc
By
Authorized Agent title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent TECH- gTCM
By
Title
Date
-28shy
ATTACHMENT A
BRIDGEWATER CANNONS ENGINEERING CORPORATION SITE CONSENT ORDER WORK PLAN
I Introduction and Purpose
The purpose of this Consent Order Work Plan is to identify
response actions to be taKen by Respondents of the Site pursuant to
the foregoing Consent Order
I1 Scooe of Work
1 The following are the removal activities required by the
Consent Order
a Renov3- cf XTas-cs The following waste materials shall
oe roTcvo^ frcn the jte poundrd properly disposed of in accordance with
ail applj^oie erv r crrort1 laws and regulations
apprcxirrateiy 400 five-gallon pails containing
waste -atoral from inside the Equipment Building
This -aterial was previously located irsice the box
trailers
approximately 400 less than five-gallon pails which
have had the contents removed into two 55-gallon
drums
approximately one drum full and one drum 34 full
which were generated from the emptying of the above
mentioned less than five-gallon containers
-29shy
approximately 350 containers of laboratory reagents
which were abandoned in the laboratory inside the
Equipment Building
a container approximately one pint in volume
containing an unknown liquid which is considered to
be shock sensitive and will be treated as such
one five-gallon pail of bulked laboratory samples
one three-gallon pail of bulked laboratory samples
approximately 1000 gallons of aqueous waste
material contained in above-ground storage
containers which include less than 10 partially
filled druTs one dumpster and one tank trailer
appr- xiTately 25000 gallons of aqueous waste
material crrtained in the underground tanks
app r bull IT -ic-ly 500 gallons of waste oil determined
to contain a CB content of less than 2 parts per
appr c bull irrately two 55 gallon drums of materials
scraped from trailer bottoms
approximately two 55 gallon drums of contaminated
sorbent material from the equipment building floor
contaminated soil from opening area not to exceed
20 cubic yards
one 55 gallon drum approximately three-quarters
full of contaminated lab water from on-site
laboratory used during initial EPA removal
activities and
-30shy
approximately seventy-five 30 gallon garbage bags
containing contaminated protective clothing and
sampling implements
b Transportation of Wastes All of the above-described
wastes will be transported in accordance with all applicaole laws and
regulations including but not limited to all Department of
Transportation (DOT) regulations Additionally all containers
shipped off site and all vehicles carrying these containers will be
properly and completely labeled and placarded in accordance with all
applicable laws and regulations
c Disposal cf Wastes The Respondents shall make all
arrangerents necessary 10 accomplish the proper disposal of all of
the ebcve-cescribed wastes This shall include making available
disprsol perscrrel frr- -e selected disposal facility as needed to
ass-re hat the pack- J-TC snipping methods used meet the disposal
f a c i l i t y specifications f~r acceptance of wastes For elt ch waste
r-aterial ~z oe rencve-j ircr tre site the Respondents shall indicate
befcrc the waste is rerrcved frcrr the site the method of disposal the
name(s) of the facilityiies) to be utilized the compliance status of
the facility(ies) to be utilized the name(s) of transporter(s) to be
utilized the method of transport for each waste and the packaging
to be utilized
d Record of Disposal The Respondents shall provide EPA
with all paperwork documenting the location of all wastes that leave
the site This shall include all temporary storage facilities that
may be utilized before the waste reaches its final destination for
disposal All wastes removed from the site will be pursuant to an
-31shy
appropriate Hazardous Waste Manifest EPAs On-Scene Coordinator
will sign each manifest relating to the Anchor Tank material so as to
indicate that EPA is the generator of the Anchor Tank material being
removed from the site For all wastes that leave the site the
Respondents will supply information to include but not be limited
to the date of arrival and departure of each waste to or from each
facility a list of all wastes in question and the signature of the
company representative who accepted the wastes in question
Additionally for any waste that is incinerated or otherwise
destroyed the Respondents shall provide certification by a company
official of the facility destroying the waste that the waste was
ndeed destroyed ard by what nethod it was destroyed
e Site Postcraticn Before final demobilization the
^espcrv-- 3 shall restore the site to an acceptable degree This
-bullill ircl-de assur-rce tl-at no trash or waste materials or equipment
associated with any rf the removal activities is left on site Any
~aterjl including soil which has not been contaminated by site
rperatiors shall be returned to its original location
2 The following activities shall also be performed by
Respondents to fulfill the objectives of the Response Action
a Work Plan The Respondents shall prepare a Work Plan
consisting of all activities and subtasks The Work Plan shall
identify all deliverables to be produced during the Work Activities
including timetables for performance of the Work Activities and
production of the deliverables The Work Plan shall identify each
previously identified waste material to be removed from the site and
the Quality Assurance and Quality Control to be used during Work
-32shy
Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
-33shy
b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
-34shy
subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
-35shy
IT IS SO AGREED
Name of Respondent
By
January 7 1988 Date
POLAROID CORPORATION
VICE PRESIDENT AND SECRETARY Title
-28shy
IT IS SO AGREED
Name of Respondent Re eyeling Industries Inc
By
Authorized Agent title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent TECH- gTCM
By
Title
Date
-28shy
ATTACHMENT A
BRIDGEWATER CANNONS ENGINEERING CORPORATION SITE CONSENT ORDER WORK PLAN
I Introduction and Purpose
The purpose of this Consent Order Work Plan is to identify
response actions to be taKen by Respondents of the Site pursuant to
the foregoing Consent Order
I1 Scooe of Work
1 The following are the removal activities required by the
Consent Order
a Renov3- cf XTas-cs The following waste materials shall
oe roTcvo^ frcn the jte poundrd properly disposed of in accordance with
ail applj^oie erv r crrort1 laws and regulations
apprcxirrateiy 400 five-gallon pails containing
waste -atoral from inside the Equipment Building
This -aterial was previously located irsice the box
trailers
approximately 400 less than five-gallon pails which
have had the contents removed into two 55-gallon
drums
approximately one drum full and one drum 34 full
which were generated from the emptying of the above
mentioned less than five-gallon containers
-29shy
approximately 350 containers of laboratory reagents
which were abandoned in the laboratory inside the
Equipment Building
a container approximately one pint in volume
containing an unknown liquid which is considered to
be shock sensitive and will be treated as such
one five-gallon pail of bulked laboratory samples
one three-gallon pail of bulked laboratory samples
approximately 1000 gallons of aqueous waste
material contained in above-ground storage
containers which include less than 10 partially
filled druTs one dumpster and one tank trailer
appr- xiTately 25000 gallons of aqueous waste
material crrtained in the underground tanks
app r bull IT -ic-ly 500 gallons of waste oil determined
to contain a CB content of less than 2 parts per
appr c bull irrately two 55 gallon drums of materials
scraped from trailer bottoms
approximately two 55 gallon drums of contaminated
sorbent material from the equipment building floor
contaminated soil from opening area not to exceed
20 cubic yards
one 55 gallon drum approximately three-quarters
full of contaminated lab water from on-site
laboratory used during initial EPA removal
activities and
-30shy
approximately seventy-five 30 gallon garbage bags
containing contaminated protective clothing and
sampling implements
b Transportation of Wastes All of the above-described
wastes will be transported in accordance with all applicaole laws and
regulations including but not limited to all Department of
Transportation (DOT) regulations Additionally all containers
shipped off site and all vehicles carrying these containers will be
properly and completely labeled and placarded in accordance with all
applicable laws and regulations
c Disposal cf Wastes The Respondents shall make all
arrangerents necessary 10 accomplish the proper disposal of all of
the ebcve-cescribed wastes This shall include making available
disprsol perscrrel frr- -e selected disposal facility as needed to
ass-re hat the pack- J-TC snipping methods used meet the disposal
f a c i l i t y specifications f~r acceptance of wastes For elt ch waste
r-aterial ~z oe rencve-j ircr tre site the Respondents shall indicate
befcrc the waste is rerrcved frcrr the site the method of disposal the
name(s) of the facilityiies) to be utilized the compliance status of
the facility(ies) to be utilized the name(s) of transporter(s) to be
utilized the method of transport for each waste and the packaging
to be utilized
d Record of Disposal The Respondents shall provide EPA
with all paperwork documenting the location of all wastes that leave
the site This shall include all temporary storage facilities that
may be utilized before the waste reaches its final destination for
disposal All wastes removed from the site will be pursuant to an
-31shy
appropriate Hazardous Waste Manifest EPAs On-Scene Coordinator
will sign each manifest relating to the Anchor Tank material so as to
indicate that EPA is the generator of the Anchor Tank material being
removed from the site For all wastes that leave the site the
Respondents will supply information to include but not be limited
to the date of arrival and departure of each waste to or from each
facility a list of all wastes in question and the signature of the
company representative who accepted the wastes in question
Additionally for any waste that is incinerated or otherwise
destroyed the Respondents shall provide certification by a company
official of the facility destroying the waste that the waste was
ndeed destroyed ard by what nethod it was destroyed
e Site Postcraticn Before final demobilization the
^espcrv-- 3 shall restore the site to an acceptable degree This
-bullill ircl-de assur-rce tl-at no trash or waste materials or equipment
associated with any rf the removal activities is left on site Any
~aterjl including soil which has not been contaminated by site
rperatiors shall be returned to its original location
2 The following activities shall also be performed by
Respondents to fulfill the objectives of the Response Action
a Work Plan The Respondents shall prepare a Work Plan
consisting of all activities and subtasks The Work Plan shall
identify all deliverables to be produced during the Work Activities
including timetables for performance of the Work Activities and
production of the deliverables The Work Plan shall identify each
previously identified waste material to be removed from the site and
the Quality Assurance and Quality Control to be used during Work
-32shy
Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
-33shy
b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
-34shy
subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
-35shy
IT IS SO AGREED
Name of Respondent Re eyeling Industries Inc
By
Authorized Agent title
January 8 1988 Date
-28shy
IT IS SO AGREED
Name of Respondent TECH- gTCM
By
Title
Date
-28shy
ATTACHMENT A
BRIDGEWATER CANNONS ENGINEERING CORPORATION SITE CONSENT ORDER WORK PLAN
I Introduction and Purpose
The purpose of this Consent Order Work Plan is to identify
response actions to be taKen by Respondents of the Site pursuant to
the foregoing Consent Order
I1 Scooe of Work
1 The following are the removal activities required by the
Consent Order
a Renov3- cf XTas-cs The following waste materials shall
oe roTcvo^ frcn the jte poundrd properly disposed of in accordance with
ail applj^oie erv r crrort1 laws and regulations
apprcxirrateiy 400 five-gallon pails containing
waste -atoral from inside the Equipment Building
This -aterial was previously located irsice the box
trailers
approximately 400 less than five-gallon pails which
have had the contents removed into two 55-gallon
drums
approximately one drum full and one drum 34 full
which were generated from the emptying of the above
mentioned less than five-gallon containers
-29shy
approximately 350 containers of laboratory reagents
which were abandoned in the laboratory inside the
Equipment Building
a container approximately one pint in volume
containing an unknown liquid which is considered to
be shock sensitive and will be treated as such
one five-gallon pail of bulked laboratory samples
one three-gallon pail of bulked laboratory samples
approximately 1000 gallons of aqueous waste
material contained in above-ground storage
containers which include less than 10 partially
filled druTs one dumpster and one tank trailer
appr- xiTately 25000 gallons of aqueous waste
material crrtained in the underground tanks
app r bull IT -ic-ly 500 gallons of waste oil determined
to contain a CB content of less than 2 parts per
appr c bull irrately two 55 gallon drums of materials
scraped from trailer bottoms
approximately two 55 gallon drums of contaminated
sorbent material from the equipment building floor
contaminated soil from opening area not to exceed
20 cubic yards
one 55 gallon drum approximately three-quarters
full of contaminated lab water from on-site
laboratory used during initial EPA removal
activities and
-30shy
approximately seventy-five 30 gallon garbage bags
containing contaminated protective clothing and
sampling implements
b Transportation of Wastes All of the above-described
wastes will be transported in accordance with all applicaole laws and
regulations including but not limited to all Department of
Transportation (DOT) regulations Additionally all containers
shipped off site and all vehicles carrying these containers will be
properly and completely labeled and placarded in accordance with all
applicable laws and regulations
c Disposal cf Wastes The Respondents shall make all
arrangerents necessary 10 accomplish the proper disposal of all of
the ebcve-cescribed wastes This shall include making available
disprsol perscrrel frr- -e selected disposal facility as needed to
ass-re hat the pack- J-TC snipping methods used meet the disposal
f a c i l i t y specifications f~r acceptance of wastes For elt ch waste
r-aterial ~z oe rencve-j ircr tre site the Respondents shall indicate
befcrc the waste is rerrcved frcrr the site the method of disposal the
name(s) of the facilityiies) to be utilized the compliance status of
the facility(ies) to be utilized the name(s) of transporter(s) to be
utilized the method of transport for each waste and the packaging
to be utilized
d Record of Disposal The Respondents shall provide EPA
with all paperwork documenting the location of all wastes that leave
the site This shall include all temporary storage facilities that
may be utilized before the waste reaches its final destination for
disposal All wastes removed from the site will be pursuant to an
-31shy
appropriate Hazardous Waste Manifest EPAs On-Scene Coordinator
will sign each manifest relating to the Anchor Tank material so as to
indicate that EPA is the generator of the Anchor Tank material being
removed from the site For all wastes that leave the site the
Respondents will supply information to include but not be limited
to the date of arrival and departure of each waste to or from each
facility a list of all wastes in question and the signature of the
company representative who accepted the wastes in question
Additionally for any waste that is incinerated or otherwise
destroyed the Respondents shall provide certification by a company
official of the facility destroying the waste that the waste was
ndeed destroyed ard by what nethod it was destroyed
e Site Postcraticn Before final demobilization the
^espcrv-- 3 shall restore the site to an acceptable degree This
-bullill ircl-de assur-rce tl-at no trash or waste materials or equipment
associated with any rf the removal activities is left on site Any
~aterjl including soil which has not been contaminated by site
rperatiors shall be returned to its original location
2 The following activities shall also be performed by
Respondents to fulfill the objectives of the Response Action
a Work Plan The Respondents shall prepare a Work Plan
consisting of all activities and subtasks The Work Plan shall
identify all deliverables to be produced during the Work Activities
including timetables for performance of the Work Activities and
production of the deliverables The Work Plan shall identify each
previously identified waste material to be removed from the site and
the Quality Assurance and Quality Control to be used during Work
-32shy
Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
-33shy
b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
-34shy
subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
-35shy
IT IS SO AGREED
Name of Respondent TECH- gTCM
By
Title
Date
-28shy
ATTACHMENT A
BRIDGEWATER CANNONS ENGINEERING CORPORATION SITE CONSENT ORDER WORK PLAN
I Introduction and Purpose
The purpose of this Consent Order Work Plan is to identify
response actions to be taKen by Respondents of the Site pursuant to
the foregoing Consent Order
I1 Scooe of Work
1 The following are the removal activities required by the
Consent Order
a Renov3- cf XTas-cs The following waste materials shall
oe roTcvo^ frcn the jte poundrd properly disposed of in accordance with
ail applj^oie erv r crrort1 laws and regulations
apprcxirrateiy 400 five-gallon pails containing
waste -atoral from inside the Equipment Building
This -aterial was previously located irsice the box
trailers
approximately 400 less than five-gallon pails which
have had the contents removed into two 55-gallon
drums
approximately one drum full and one drum 34 full
which were generated from the emptying of the above
mentioned less than five-gallon containers
-29shy
approximately 350 containers of laboratory reagents
which were abandoned in the laboratory inside the
Equipment Building
a container approximately one pint in volume
containing an unknown liquid which is considered to
be shock sensitive and will be treated as such
one five-gallon pail of bulked laboratory samples
one three-gallon pail of bulked laboratory samples
approximately 1000 gallons of aqueous waste
material contained in above-ground storage
containers which include less than 10 partially
filled druTs one dumpster and one tank trailer
appr- xiTately 25000 gallons of aqueous waste
material crrtained in the underground tanks
app r bull IT -ic-ly 500 gallons of waste oil determined
to contain a CB content of less than 2 parts per
appr c bull irrately two 55 gallon drums of materials
scraped from trailer bottoms
approximately two 55 gallon drums of contaminated
sorbent material from the equipment building floor
contaminated soil from opening area not to exceed
20 cubic yards
one 55 gallon drum approximately three-quarters
full of contaminated lab water from on-site
laboratory used during initial EPA removal
activities and
-30shy
approximately seventy-five 30 gallon garbage bags
containing contaminated protective clothing and
sampling implements
b Transportation of Wastes All of the above-described
wastes will be transported in accordance with all applicaole laws and
regulations including but not limited to all Department of
Transportation (DOT) regulations Additionally all containers
shipped off site and all vehicles carrying these containers will be
properly and completely labeled and placarded in accordance with all
applicable laws and regulations
c Disposal cf Wastes The Respondents shall make all
arrangerents necessary 10 accomplish the proper disposal of all of
the ebcve-cescribed wastes This shall include making available
disprsol perscrrel frr- -e selected disposal facility as needed to
ass-re hat the pack- J-TC snipping methods used meet the disposal
f a c i l i t y specifications f~r acceptance of wastes For elt ch waste
r-aterial ~z oe rencve-j ircr tre site the Respondents shall indicate
befcrc the waste is rerrcved frcrr the site the method of disposal the
name(s) of the facilityiies) to be utilized the compliance status of
the facility(ies) to be utilized the name(s) of transporter(s) to be
utilized the method of transport for each waste and the packaging
to be utilized
d Record of Disposal The Respondents shall provide EPA
with all paperwork documenting the location of all wastes that leave
the site This shall include all temporary storage facilities that
may be utilized before the waste reaches its final destination for
disposal All wastes removed from the site will be pursuant to an
-31shy
appropriate Hazardous Waste Manifest EPAs On-Scene Coordinator
will sign each manifest relating to the Anchor Tank material so as to
indicate that EPA is the generator of the Anchor Tank material being
removed from the site For all wastes that leave the site the
Respondents will supply information to include but not be limited
to the date of arrival and departure of each waste to or from each
facility a list of all wastes in question and the signature of the
company representative who accepted the wastes in question
Additionally for any waste that is incinerated or otherwise
destroyed the Respondents shall provide certification by a company
official of the facility destroying the waste that the waste was
ndeed destroyed ard by what nethod it was destroyed
e Site Postcraticn Before final demobilization the
^espcrv-- 3 shall restore the site to an acceptable degree This
-bullill ircl-de assur-rce tl-at no trash or waste materials or equipment
associated with any rf the removal activities is left on site Any
~aterjl including soil which has not been contaminated by site
rperatiors shall be returned to its original location
2 The following activities shall also be performed by
Respondents to fulfill the objectives of the Response Action
a Work Plan The Respondents shall prepare a Work Plan
consisting of all activities and subtasks The Work Plan shall
identify all deliverables to be produced during the Work Activities
including timetables for performance of the Work Activities and
production of the deliverables The Work Plan shall identify each
previously identified waste material to be removed from the site and
the Quality Assurance and Quality Control to be used during Work
-32shy
Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
-33shy
b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
-34shy
subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
-35shy
ATTACHMENT A
BRIDGEWATER CANNONS ENGINEERING CORPORATION SITE CONSENT ORDER WORK PLAN
I Introduction and Purpose
The purpose of this Consent Order Work Plan is to identify
response actions to be taKen by Respondents of the Site pursuant to
the foregoing Consent Order
I1 Scooe of Work
1 The following are the removal activities required by the
Consent Order
a Renov3- cf XTas-cs The following waste materials shall
oe roTcvo^ frcn the jte poundrd properly disposed of in accordance with
ail applj^oie erv r crrort1 laws and regulations
apprcxirrateiy 400 five-gallon pails containing
waste -atoral from inside the Equipment Building
This -aterial was previously located irsice the box
trailers
approximately 400 less than five-gallon pails which
have had the contents removed into two 55-gallon
drums
approximately one drum full and one drum 34 full
which were generated from the emptying of the above
mentioned less than five-gallon containers
-29shy
approximately 350 containers of laboratory reagents
which were abandoned in the laboratory inside the
Equipment Building
a container approximately one pint in volume
containing an unknown liquid which is considered to
be shock sensitive and will be treated as such
one five-gallon pail of bulked laboratory samples
one three-gallon pail of bulked laboratory samples
approximately 1000 gallons of aqueous waste
material contained in above-ground storage
containers which include less than 10 partially
filled druTs one dumpster and one tank trailer
appr- xiTately 25000 gallons of aqueous waste
material crrtained in the underground tanks
app r bull IT -ic-ly 500 gallons of waste oil determined
to contain a CB content of less than 2 parts per
appr c bull irrately two 55 gallon drums of materials
scraped from trailer bottoms
approximately two 55 gallon drums of contaminated
sorbent material from the equipment building floor
contaminated soil from opening area not to exceed
20 cubic yards
one 55 gallon drum approximately three-quarters
full of contaminated lab water from on-site
laboratory used during initial EPA removal
activities and
-30shy
approximately seventy-five 30 gallon garbage bags
containing contaminated protective clothing and
sampling implements
b Transportation of Wastes All of the above-described
wastes will be transported in accordance with all applicaole laws and
regulations including but not limited to all Department of
Transportation (DOT) regulations Additionally all containers
shipped off site and all vehicles carrying these containers will be
properly and completely labeled and placarded in accordance with all
applicable laws and regulations
c Disposal cf Wastes The Respondents shall make all
arrangerents necessary 10 accomplish the proper disposal of all of
the ebcve-cescribed wastes This shall include making available
disprsol perscrrel frr- -e selected disposal facility as needed to
ass-re hat the pack- J-TC snipping methods used meet the disposal
f a c i l i t y specifications f~r acceptance of wastes For elt ch waste
r-aterial ~z oe rencve-j ircr tre site the Respondents shall indicate
befcrc the waste is rerrcved frcrr the site the method of disposal the
name(s) of the facilityiies) to be utilized the compliance status of
the facility(ies) to be utilized the name(s) of transporter(s) to be
utilized the method of transport for each waste and the packaging
to be utilized
d Record of Disposal The Respondents shall provide EPA
with all paperwork documenting the location of all wastes that leave
the site This shall include all temporary storage facilities that
may be utilized before the waste reaches its final destination for
disposal All wastes removed from the site will be pursuant to an
-31shy
appropriate Hazardous Waste Manifest EPAs On-Scene Coordinator
will sign each manifest relating to the Anchor Tank material so as to
indicate that EPA is the generator of the Anchor Tank material being
removed from the site For all wastes that leave the site the
Respondents will supply information to include but not be limited
to the date of arrival and departure of each waste to or from each
facility a list of all wastes in question and the signature of the
company representative who accepted the wastes in question
Additionally for any waste that is incinerated or otherwise
destroyed the Respondents shall provide certification by a company
official of the facility destroying the waste that the waste was
ndeed destroyed ard by what nethod it was destroyed
e Site Postcraticn Before final demobilization the
^espcrv-- 3 shall restore the site to an acceptable degree This
-bullill ircl-de assur-rce tl-at no trash or waste materials or equipment
associated with any rf the removal activities is left on site Any
~aterjl including soil which has not been contaminated by site
rperatiors shall be returned to its original location
2 The following activities shall also be performed by
Respondents to fulfill the objectives of the Response Action
a Work Plan The Respondents shall prepare a Work Plan
consisting of all activities and subtasks The Work Plan shall
identify all deliverables to be produced during the Work Activities
including timetables for performance of the Work Activities and
production of the deliverables The Work Plan shall identify each
previously identified waste material to be removed from the site and
the Quality Assurance and Quality Control to be used during Work
-32shy
Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
-33shy
b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
-34shy
subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
-35shy
approximately 350 containers of laboratory reagents
which were abandoned in the laboratory inside the
Equipment Building
a container approximately one pint in volume
containing an unknown liquid which is considered to
be shock sensitive and will be treated as such
one five-gallon pail of bulked laboratory samples
one three-gallon pail of bulked laboratory samples
approximately 1000 gallons of aqueous waste
material contained in above-ground storage
containers which include less than 10 partially
filled druTs one dumpster and one tank trailer
appr- xiTately 25000 gallons of aqueous waste
material crrtained in the underground tanks
app r bull IT -ic-ly 500 gallons of waste oil determined
to contain a CB content of less than 2 parts per
appr c bull irrately two 55 gallon drums of materials
scraped from trailer bottoms
approximately two 55 gallon drums of contaminated
sorbent material from the equipment building floor
contaminated soil from opening area not to exceed
20 cubic yards
one 55 gallon drum approximately three-quarters
full of contaminated lab water from on-site
laboratory used during initial EPA removal
activities and
-30shy
approximately seventy-five 30 gallon garbage bags
containing contaminated protective clothing and
sampling implements
b Transportation of Wastes All of the above-described
wastes will be transported in accordance with all applicaole laws and
regulations including but not limited to all Department of
Transportation (DOT) regulations Additionally all containers
shipped off site and all vehicles carrying these containers will be
properly and completely labeled and placarded in accordance with all
applicable laws and regulations
c Disposal cf Wastes The Respondents shall make all
arrangerents necessary 10 accomplish the proper disposal of all of
the ebcve-cescribed wastes This shall include making available
disprsol perscrrel frr- -e selected disposal facility as needed to
ass-re hat the pack- J-TC snipping methods used meet the disposal
f a c i l i t y specifications f~r acceptance of wastes For elt ch waste
r-aterial ~z oe rencve-j ircr tre site the Respondents shall indicate
befcrc the waste is rerrcved frcrr the site the method of disposal the
name(s) of the facilityiies) to be utilized the compliance status of
the facility(ies) to be utilized the name(s) of transporter(s) to be
utilized the method of transport for each waste and the packaging
to be utilized
d Record of Disposal The Respondents shall provide EPA
with all paperwork documenting the location of all wastes that leave
the site This shall include all temporary storage facilities that
may be utilized before the waste reaches its final destination for
disposal All wastes removed from the site will be pursuant to an
-31shy
appropriate Hazardous Waste Manifest EPAs On-Scene Coordinator
will sign each manifest relating to the Anchor Tank material so as to
indicate that EPA is the generator of the Anchor Tank material being
removed from the site For all wastes that leave the site the
Respondents will supply information to include but not be limited
to the date of arrival and departure of each waste to or from each
facility a list of all wastes in question and the signature of the
company representative who accepted the wastes in question
Additionally for any waste that is incinerated or otherwise
destroyed the Respondents shall provide certification by a company
official of the facility destroying the waste that the waste was
ndeed destroyed ard by what nethod it was destroyed
e Site Postcraticn Before final demobilization the
^espcrv-- 3 shall restore the site to an acceptable degree This
-bullill ircl-de assur-rce tl-at no trash or waste materials or equipment
associated with any rf the removal activities is left on site Any
~aterjl including soil which has not been contaminated by site
rperatiors shall be returned to its original location
2 The following activities shall also be performed by
Respondents to fulfill the objectives of the Response Action
a Work Plan The Respondents shall prepare a Work Plan
consisting of all activities and subtasks The Work Plan shall
identify all deliverables to be produced during the Work Activities
including timetables for performance of the Work Activities and
production of the deliverables The Work Plan shall identify each
previously identified waste material to be removed from the site and
the Quality Assurance and Quality Control to be used during Work
-32shy
Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
-33shy
b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
-34shy
subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
-35shy
approximately seventy-five 30 gallon garbage bags
containing contaminated protective clothing and
sampling implements
b Transportation of Wastes All of the above-described
wastes will be transported in accordance with all applicaole laws and
regulations including but not limited to all Department of
Transportation (DOT) regulations Additionally all containers
shipped off site and all vehicles carrying these containers will be
properly and completely labeled and placarded in accordance with all
applicable laws and regulations
c Disposal cf Wastes The Respondents shall make all
arrangerents necessary 10 accomplish the proper disposal of all of
the ebcve-cescribed wastes This shall include making available
disprsol perscrrel frr- -e selected disposal facility as needed to
ass-re hat the pack- J-TC snipping methods used meet the disposal
f a c i l i t y specifications f~r acceptance of wastes For elt ch waste
r-aterial ~z oe rencve-j ircr tre site the Respondents shall indicate
befcrc the waste is rerrcved frcrr the site the method of disposal the
name(s) of the facilityiies) to be utilized the compliance status of
the facility(ies) to be utilized the name(s) of transporter(s) to be
utilized the method of transport for each waste and the packaging
to be utilized
d Record of Disposal The Respondents shall provide EPA
with all paperwork documenting the location of all wastes that leave
the site This shall include all temporary storage facilities that
may be utilized before the waste reaches its final destination for
disposal All wastes removed from the site will be pursuant to an
-31shy
appropriate Hazardous Waste Manifest EPAs On-Scene Coordinator
will sign each manifest relating to the Anchor Tank material so as to
indicate that EPA is the generator of the Anchor Tank material being
removed from the site For all wastes that leave the site the
Respondents will supply information to include but not be limited
to the date of arrival and departure of each waste to or from each
facility a list of all wastes in question and the signature of the
company representative who accepted the wastes in question
Additionally for any waste that is incinerated or otherwise
destroyed the Respondents shall provide certification by a company
official of the facility destroying the waste that the waste was
ndeed destroyed ard by what nethod it was destroyed
e Site Postcraticn Before final demobilization the
^espcrv-- 3 shall restore the site to an acceptable degree This
-bullill ircl-de assur-rce tl-at no trash or waste materials or equipment
associated with any rf the removal activities is left on site Any
~aterjl including soil which has not been contaminated by site
rperatiors shall be returned to its original location
2 The following activities shall also be performed by
Respondents to fulfill the objectives of the Response Action
a Work Plan The Respondents shall prepare a Work Plan
consisting of all activities and subtasks The Work Plan shall
identify all deliverables to be produced during the Work Activities
including timetables for performance of the Work Activities and
production of the deliverables The Work Plan shall identify each
previously identified waste material to be removed from the site and
the Quality Assurance and Quality Control to be used during Work
-32shy
Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
-33shy
b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
-34shy
subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
-35shy
appropriate Hazardous Waste Manifest EPAs On-Scene Coordinator
will sign each manifest relating to the Anchor Tank material so as to
indicate that EPA is the generator of the Anchor Tank material being
removed from the site For all wastes that leave the site the
Respondents will supply information to include but not be limited
to the date of arrival and departure of each waste to or from each
facility a list of all wastes in question and the signature of the
company representative who accepted the wastes in question
Additionally for any waste that is incinerated or otherwise
destroyed the Respondents shall provide certification by a company
official of the facility destroying the waste that the waste was
ndeed destroyed ard by what nethod it was destroyed
e Site Postcraticn Before final demobilization the
^espcrv-- 3 shall restore the site to an acceptable degree This
-bullill ircl-de assur-rce tl-at no trash or waste materials or equipment
associated with any rf the removal activities is left on site Any
~aterjl including soil which has not been contaminated by site
rperatiors shall be returned to its original location
2 The following activities shall also be performed by
Respondents to fulfill the objectives of the Response Action
a Work Plan The Respondents shall prepare a Work Plan
consisting of all activities and subtasks The Work Plan shall
identify all deliverables to be produced during the Work Activities
including timetables for performance of the Work Activities and
production of the deliverables The Work Plan shall identify each
previously identified waste material to be removed from the site and
the Quality Assurance and Quality Control to be used during Work
-32shy
Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
-33shy
b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
-34shy
subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
-35shy
Activities The detailed scope of work shall identify for all waste
materials removed from the site the method of disposal of each waste
material The identification shall include at a minimum the exact
method of disposal the name(s) of facility(ies) to be utilized the
facilitys(ies) compliance status name(s) of transporter(s) to be
utilized method of transport and packaging to be utilized The
Work Plan shall specify the health and safety procedures to be
followed At a minirruT the health and safety plan shall include a
brief introduction identify by name and assign responsibilities to
both the person in charge ard a Site Safety Officer contain
emergency phone numbers and directions to the nearest hospital list
known contarrinants Known present on the site state general safety
rules deii-eate work rcres describe in detail protective clothing
-3 oe u t i l i z e d ard cr-era fcr use of such clothing establish
deccr tar rjt cn prcced-res for personnel and equipment address the
effects and treatrcn zf cclc exposure describe standard operating
or r rod u r bullbull fcr lasnc peciied in the Work Plan and contain an
erc ency plan
Respondents shall identify the specific tasks necessary to
perform each activity identified in the Work Plan The Work Plan
must be in conformance with EPA Quality Assurance and Quality Control
procedures as set forth in Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans QAMS -0058- EPA Office
of Research and Development December 1980 These procedures are
subject to review and approval by EPA Quality Assurance -personnel
EPA will review the Work Plan consistent with the provisions of
paragraph 28 of the Consent Order
-33shy
b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
-34shy
subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
-35shy
b Ancillary Site Activities Respondents shall take such
measures as may be necessary to ensure that while carrying out the
activities of the Work Plan there is no release of hazardous
substances or pollutants or contaminants into the environment
Respondents shall specify in the Work Plan what measures are
necessary to insure there is no release or contamination from their
removal activities
c Disposal of Waste Respondents shall dispose of all
sitlt3-reiated wastes generated during the course of these Vcrk
Activities as well as those waste containers currently on-site which
were generated as a consequence of past response activities All
such disposal shall be in accordance with paragraph Id of this Work
Plan
c Respondents snail assume responsibility for site
security w i t h i n 48 hc^rs of the later of either the execution of the
Consent Order by all parties or the obtaining of site access pursuant
to par ^rop- 21 cf the Consent Order Site security shall be on a 24
hour per cay seven cay per ween basis Respondents agree to
maintain site security until the completion of all field work
pursuant to this Consent Order Work Plan Respondents shall notify
EPA upon completion of all field work that Respondents intend to
terminate site security Within twenty-four (24) hours of receipt of
said notice EPA shall inform Respondents of any field work remaining
or alternatively of EPAs intent to take over site security
3 Work Schedule Respondents shall submit a proposed Work Plan
within 14 days of engagement of a contractor as required by
paragraph 19 of the Consent Order The draft Work Plan will be
-34shy
subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
-35shy
subject to technical and quality assurance review by EPA A final
Work Plan shall be submitted within 10 days of receipt of any EPA
revisions issued under the terms of paragraph 28 of the Consent
Order Respondents shall commence implementation of the final Work
Plan within 7 days of receiving EPA approval and Respondents shall
complete all field work tasks specified in the Work Plan within
thirty (30) days Within forty-five (45) days of completing all
field work tasks Respondents shall complete all laboratory analyses
and submit all reports required by the Work Plan EPA reserves the
option to modify the implementation schedule for any reason
whatsoever
4 Respondents shall submit to EPA all information generated as
a consequence of these activities including laboratory QAQC
nf or-at cr sufficient fcr a Level I EPA analytical data validation
all analytical data both raw and tabulated all Scopes of Work and
scrK Plans and a final report summarizing activities materials and
retrccs coservat icrs firdircs and summary All deliverables are
subject to review i accordance with paragraph 28 of the Consent
Order EPA retains final discretion to decide the acceptability of
any work activity andor work product submitted by the Respondents
subject to the dispute resolution procedures of paragraph 30 of the
Consent Order
-35shy