UNITED STATES ENVIRONMEMTAL PROTECTION AGENCY …3.1 Respondents Richard Barefoot and Vera Barefoot are individuals residing in the Commonwealth of Pennsylvania. 3.2 From approximately

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UNITED STATES ENVIRONMEMTAL PROTECTION AGENCY REGION III

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IN THE MATTER OF:

Barefoot Landfill

Richard Barefoot, Vera Barefoot, Barefoot Sanitary Services, GTE Products Corporation, and SKF USA, Inc.,

RESPONDENTS

Proceeding Under Section 106 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. §9606)

SDIVIS DocID 2106392

Docket No. I I I -91-32-DC

FIRST AMENDMENT TO THE ADMINISTRATIVE ORDER FOR REMOVAL

RESPONSE ACTIVITIES DATED APRIL 5. 1991

Having determined the necessity for implementation of response activities at the Barefoot Landfill Site in Hollidaysburg, Blair County, Pennsylvania, the United States Environmental Protection Agency ("EPA") issued an Administrative Order ("Order") corresponding to EPA Docket No. III-91-32-DC to the above-captioned parties on April 5, 1991. Pursuant to Section 106(a) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. §9606(a)) ("CERCLA"), EPA hereby amends Section II ("Statement of Purpose") and Section VIII ("Work To Be Performed") of the Order to read:

2.1 In issuing this Order, the objective of EPA is to protect the public health and welfare and the environment by ensuring that a proper removal response action, as defined in Section 101(23) of CERCLA, 42 U.S.C. §9601(23), is conducted to identify, abate, mitigate and/or eliminate the release of hazardous substances at the Site

8.3 i. A plan to remove and properly dispose of materials contaminated with hazardous substances located at the Site; or

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ii. A plan to design a Cap which will prevent direct contact with Site contaminants, minimize erosion of the cap and which will prevent infiltration of precipitation into and through hazardous substances at the Site. The cap shall be designed in accordance with the performance standard set forth in 40 CF.R. § 264.310 (a), as follows:

a. Provide long-term minimization of liquids through the contaminated areas;

b. Function with minimum maintenance;

c. Promote drainage and minimize erosion or abrasion of the cover; and

d. Have a permeability less than or equal to the permeability of subsoils present;

iii. If a Cap Design is proposed as described in subparagraph 8.3(e)(ii), above, submit a plan to implement construction of the Cap, for approval by EPA.

iv. Implement the EPA-approved cap, as described in subparagraph 8.3(e)(ii), above.

Petrer H. Kostmayt Regional Administ^ajtor Region III U.S. Environmentlal /Protection Agency

DATE :J H \ / ^ IH '^"i

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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION III

IN THE MATTER OF:

Barefoot Landfill

Richard Barefoot, Vera Barefoot, Barefoot Sanitary Services, GTE Products Corporation, and SKF USA, Inc.,

RESPONDENTS

Proceeding Under Section 106 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. §9606)

Docket No. III-91-32-DC

1. W c ^ c - ' ^^^ -^

- = . ^ - ^ ADMINISTRATIVE ORDER AKo

FOR REMOVAL RESPONSE ACTIVITIES %.r fPA

Having determined the necessity for implementation of response activities at or relating to the Barefoot Landfill Site in Hollidaysburg, Blair County, Pennsylvania, the United States Environmental Protection Agency ("EPA"), hereby Orders as follows:

I. JURISDICTION

1.1 This Order is issued pursuant to the authority vested in the President of the United States by Section 106 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986 ("CERCLA"), 42 U.S.C. §9606, delegated to the EPA by Executive Order No. 12,580, 52 Fed. Reg. 2923 (1987), and further delegated to the Regional Administrators of EPA. This Order pertains to property located on Catfish Ridge off of Pennsylvania Route 36, south of Hollidaysburg, Blair County, Pennsylvania. The property will hereinafter be referred to as the "Barefoot Landfill Site", or "the Site", and is further described in paragraph 3.5 below.

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1.2 The Respondents shall undertake all actions required by the terms and conditions of this Order. The actions taken pursuant to this Order shall be consistent with the National Oil and Hazardous Substances Pollution Contingency Plan, 40 CF.R. Part 300, as amended, ("NCP"), and CERCLA.

1.3 This Order is issued to the above captioned Respondents ("Respondents").

II. STATEMENT OF PURPOSE

2.1 In issuing this Order, the objective of EPA is to protect the public health and welfare and the environment by ensuring that a proper removal response action, as defined in Section 101(23) of CERCLA, 42 U.S.C. §9601(23), is conducted to identify, abate, mitigate and/or eliminate the release of hazardous substances at the Site, as hereinafter described, and to properly dispose of and/or treat hazardous substances located there, through performance of work specified in this Order.

III. FINDINGS OF FACT

3.1 Respondents Richard Barefoot and Vera Barefoot are individuals residing in the Commonwealth of Pennsylvania.

3.2 From approximately 1954 until approximately 1981, Barefoot Sanitary Services was a partnership ("Barefoot Sanitary Services")• George and Richard Barefoot were the partners during that time. Richard Barefoot, d/b/a. Barefoot Sanitary Services is a sole proprietorship having its principal place of business in Duncansville, Pennsylvania and is continuing the same business as that of the partnership.

3.3 Respondent GTE Products Corporation ("GTE Products") is a corporation organized and existing under the laws of the State of Delaware. GTE Products is the corporate successor to GTE-Sylvania, Inc ("GTE-Sylvania").

3.4 Respondent SKF USA, Inc. ("SKF USA") is a corporation organized and existing under the laws of the State of Delaware. SKF USA is the corporate successor to SKF Industries, Inc ("SKF"). C-

3.5 The Site is located on approximately 44 acres of land atop Catfish Ridge in Blair County, Pennsylvania. The Site, inactive since 1971, was used as an unpermitted disposal facility for industrial and metal finishing wastes and for untreated domestic wastes. It is forested and surrounded by small residential developments and farms. Wastes were reportedly disposed of onto

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soil, into unlined lagoons, and into sinkholes that lead into underground caverns.

3.6 Respondent Barefoot Sanitary Services disposed of wastes generated by GTE-Sylvania and SKF at the Site.

3.7 Richard Barefoot and Vera Barefoot have owned the property on which the Barefoot Landfill Site is located since 1960.

3.8 Barefoot Sanitary Services disposed of used "synasol" generated by GTE-Sylvania at the Site. "Synasol" contains methyl isobutyl ketone and ethyl acetate. In addition, during the time

I that GTE-Sylvania's wastes were disposed of at the Site, GTE-I Sylvania's Altoona, Pennsylvania facility generated waste

solvents, including but not limited to trichloroethene ("TCE"). Solvents, including TCE, are present at the Site.

3.9 Barefoot Sanitary Services disposed of a tramp oil solution generated by SKF at the Site. The tramp oil solution contained, among other things, chromium, lead and cadmium. Barefoot Sanitary disposed of a sludge generated by SKF at the Site. The sludge contained, among other things, chromium, lead and cadmium. Heavy metals including chromium, lead and cadmium are present at the Site.

3.10 On August 8 and 9, 1990, EPA Region III On-Scene Coordinator (OSC) Marjorie Easton along with members of EPA Region Ill's Technical Assistance Team (TAT) performed an assessment of the Site. Two lagoons were observed onsite. Each contained oily sludge covered with a black, spongy crust which was approximately one foot thick. During this visit, the lagoons emitted a strong odor. The surface of each lagoon is level with the surrounding ground.

3.11 In August and October 1990, EPA conducted sampling at the Site. Analyses revealed elevated levels of lead, mercury and chromium in soils throughout the Site. The oily sludge in the lagoons contained cyanides and volatile organic compounds ("VOCs"), such as toluene, 1,2-dichloroethane, and TCE. Toluene, and 1,2-dichloroethane, TCE and benzene,1,1'-(2,2-dichloroethylidene)bis(4-chloro-DDD) (also known as 4,4'-DDD) were found at other locations on the Site. There may be other hazardous substances at the Site that may be discovered upon further investigation.

3.12 Several wells in the vicinity of the Site were sampled in August and October of 1990. 1,1-Dichloroethane and trichloroethene were found by EPA in the well of the B. Andrews residence. 1,1-Dichloroethane was found by EPA in the well of the W. Johnie residence. TCE was found by EPA in the well of the C Heidler residence. Lead was found in the well of the F. Herron residence.

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3.13 Access to the wells, lagoons and surface soil contamination at the Site is unrestricted. Airborne contaminated soil particles in unvegetated areas of the Site may pose a direct contact, inhalation, and ingestion threat to people entering or passing nearby the Site. The lagoons pose physical hazards as well as posing an inhalation hazard due to gases emitted from them. Should the lagoon crusts be broken, exposure to sludges beneath the crusts could pose a significant direct contact threat. Spent shotgun shells were observed on the Site, indicating that people enter the Site to hunt.

3.14 In a preliminary health evaluation dated December 13, 1990, the Agency for Toxic Substances and Disease Registry ("ATSDR") concluded that the levels of lead and cyanide detected onsite pose a substantial threat to young children and frequent trespassers.

3.15 ATSDR concluded in its evaluation that lead levels found in well-water in the vicinity of the Site should be viewed with concern, even though they do not appear sufficient to pose an immediate threat to health. The presence of dichloroethanes and TCE in well-water may also pose a long-term health threat, according to ATSDR.

3.16 Elevated levels of cadmium, chromium, cyanides, dichloroethane, lead, toluene, and TCE are present onsite, either in the soils and/or in the lagoons and sinkholes. Information about the nature of the bedrock and the substances present indicates that migration of groundwater and surface-water runoff contaminated with these substances is probable. Runoff from local precipitation may cause the contaminants present onsite to migrate into local creeks and surface impoundments.

3.17 Cadmium is a human poison by inhalation and possibly by other routes.

3.18 Chromium is a human poison by ingestion with gastrointestinal effects.

3.19 Cyanides are very poisonous to humans. They increase the rate of respiration, which can lead to respiratory arrest and death. They also can cause cardiac irregularities.

3.2 0 Dichloroethane is moderately toxic to humans by ingestion and is a suspected carcinogen.

3.21 1,1-Dichloroethane is a poison to humans by inhalation, ingestion, and intravenous routes. It is also moderately toxic by the subcutaneous route.

3.22 1,2-Dichloroethane is mildly toxic to humans by the subcutaneous route.

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3.2 3 Lead is a poison to humans by ingestion and is moderately toxic by the intraperitoneal route. It is a suspected human carcinogen of the lungs and kidneys. Human systemic effects by ingestion and inhalation are: loss of appetite, anemia, malaise, insomnia, headache, irritability, muscle and joint pains, tremors, flaccid paralysis without anesthesia, hallucinations and distorted perceptions, muscle weakness, gastritis and liver changes. The major systems affected are the nervous system, blood system, and kidneys. Lead is known to cause reduced learning behavior and retardation in children at low doses.

3.24 Mercury is poisonous to humans by inhalation and is corrosive to skin, eyes and mucous membranes. Human systemic effects by inhalation include wakefulness, muscle weakness, anorexia, headache, tinnitus, hypermotility, diarrhea, liver changes, dermatitis, and fever.

3.25 Toluene is a poison to humans by the intraperitoneal route. It is moderately toxic by intravenous, subcutaneous, and possibly other routes. It is also mildly toxic by inhalation.

3.2 6 Trichloroethene ("TCE") is mildly toxic to humans by ingestion and intraperitoneal routes. Human systemic effects by ingestion and inhalation are: eye effects, somnolence, hallucinations or distorted perceptions, gastrointestinal changes, and jaundice. Also it is a severe skin irritant.

3.27 4,4'-DDD is a poison to humans by ingestion and is moderately toxic by skin contact.

3.28 Cadmium, chromium, cyanides, dichloroethane, 1,1-dichloroethane, 1,2-dichloroethane, methyl isobutyl ketone, ethyl acetate, lead, toluene, trichloroethene, and 4,4'-DDD are hazardous substances within the meaning of Section 101(14) of CERCLA, 42 U.S.C. §9601 (14), because they are listed at 40 CF.R. §302.4.

3.29 On March 16, 1971, Barefoot Sanitary Services entered into a Supplemental Decree with the Commonwealth of Pennsylvania under which Barefoot Sanitary Services agreed to remove wastes from the surface' of the landfill and to dispose of those wastes. On October 26, 1972, Barefoot Sanitary Services was found by the Commonwealth of Pennsylvania to be out of compliance with that Supplemental Decree. Barefoot Sanitary Services never returned to compliance with the Supplemental Decree after this date.

3.3 0 On February 13, 1991, EPA sent letters by certified mail to Richard and Vera Barefoot and to Barefoot Sanitary Services which notified those parties of their potential liability for the Site pursuant to Section 107(a) of CERCLA, 42 U.S.C. §9607(a), notified each of them of planned EPA emergency response actions and offered each of them the opportunity to undertake the

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necessary emergency response actions instead of EPA. The letters encouraged each of those Respondents to this Order to contact EPA within five days of receipt of the letter to indicate Respondent's willingness to participate in future negotiations regarding the Site. Those Respondents have informed EPA that they will not participate in negotiations with respect to the Site.

3.31 On February 13, 1991, EPA sent letters by certified mail to a number of potentially responsible parties, including GTE Products Corporation and SKF USA, Inc. These letters notified those parties of their potential liability regarding the Site pursuant to Section 107(a) of CERCLA, 42 U.S.C. §9607(a), notified each of them of planned EPA emergency response actions at the Site and offered each of them the opportunity to undertake the necessary emergency response actions instead of EPA. The letters encouraged each recipient of the letter to contact EPA within five days of receipt of the letter to indicate its willingness to participate in future negotiations regarding the Site. Both Respondents informed EPA that they would not enter into an Administrative Order by Consent with respect to the Site.

IV. CONCLUSIONS OF LAW

4.1 The Barefoot Landfill Site is a facility as defined by Section 101(9) of CERCLA, 42 U.S.C. §9601(9).

4.2 The Respondents are persons as defined by Section 101(21) of CERCLA, 42 U.S.C. §9601(21).

4.3 Hazardous substances, as defined in Section 101(14) of CERCLA, 42 U.S.C. §9601(14), have been disposed of at the Barefoot Landfill Site and are currently present there.

4.4 The presence of hazardous substances at the Site and the past, present, and/or potential migration of hazardous substances from the Site constitutes an actual and/or threatened "release" as defined in Section 101(22) of CERCLA, 42 U.S.C §9601(22).

4.5 Respondents Richard Barefoot and Vera Barefoot are current owners of the Site. These Respondents are therefore liable under Section 107(a)(1) of CERCLA, 42 U.S.C. §9607(a)(l).

4.6 Respondents Richard Barefoot and Barefoot Sanitary Services were the operators of the Site. Richard Barefoot and Barefoot Sanitary Services are therefore liable under Section 107(a)(1) of CERCLA, 42 U.S.C. §9607(a)(l).

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4.7 Respondent Barefoot Sanitary Services accepted hazardous substances for transport to the Site for disposal and selected the Site for disposal. This Respondent is therefore liable under section 107(a)(4) of CERCLA, 42 U.S.C. §9607(a)(4).

4.8 GTE-Sylvania and SKF, arranged by contract, agreement or otherwise for the disposal and/or for transportation for disposal at the Site of hazardous substances owned or possessed by these persons. Respondents GTE-Products Corporation and SKF USA, Inc. are therefore liable under Section 107(a)(3) of CERCLA, 42 U.S.C § 9607(a)(3).

4.9 The Respondents are liable under Section 107(a) of CERCLA, 42. U.S.C §9607(a). The Respondents are jointly and severally liable for carrying out the provisions of this Order.

V. DETERMINATIONS

Based on the Findings of Fact and Conclusions of Law set forth above, and the Administrative Record supporting the issuance of this Order, EPA has determined that:

5.1 The actual and/or threatened release of hazardous substances from the Site may present an imminent and substantial endangerment to the public health or welfare or the environment.

5.2 The actions required by this Order are necessary to protect the public health and welfare and the environment within the meaning of Section 106(a) of CERCLA, 42 U.S.C. §9606(a).

5.3 Because there is a threat or potential threat to public health or welfare or the environment, a removal action is appropriate to abate, minimize, stabilize, mitigate or eliminate the release or threat of release of hazardous substances at or from the Site.

VI. PARTIES BOUND

6.1 This Order shall apply to and be binding upon Respondents, their agents, successors, and assigns and upon all persons, contractors and consultants acting under or for the Respondents, or persons acting in concert with Respondents who have actual knowledge of this Order or any combination thereof. No change in ownership or corporate or partnership status will in any way alter the status of the Respondents or their responsibilities under this Order.

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6.2 No change in ownership of any property covered by this Order shall in any way alter, diminish, or otherwise affect Respondents' obligations and responsibilities under this Order. 6.3 In the event of any change in ownership or control of the Site, any Respondent(s) who are owners and/or operators of the Site shall notify the EPA in writing at least thirty (30) days in advance of such change and shall provide a copy of this Order to the transferee-in-interest of the Site, prior to any agreement for transfer.

6.4 The Respondents shall provide a copy of this Order to all contractors, subcontractors, laboratories and consultants retained to conduct or monitor any portion of the work performed pursuant to this Order, and shall condition all such contracts on compliance with the terms and conditions of this Order.

6.5 Respondents are jointly and severally liable for compliance with the provisions of this Order. All references to "Respondents" herein shall mean all Respondents, both collectively and individually. The failure by one or more of the Respondents to comply with all or any part of this Order shall not in any way excuse or justify noncompliance by any other Respondent. Further, the compliance by one or more Respondents with all or part of this Order shall not in any way excuse or justify non-compliance by any other Respondent.

VII. NOTICE TO THE STATE

7.1 Notice of issuance of this Order has been given to the Commonwealth of Pennsylvania, pursuant to Section 106(a) of CERCLA, 42 U.S.C. §9606(a).

VIII. WORK TO BE PERFORMED

8.1 Pursuant to Section 106(a) of CERCLA, 42 U.S.C §9606(a). Respondents are ordered to commence and complete performance of the following immediate response measures ("the Work" or "Work") within the time periods specified.

8.2 Within five (5) business days of the effective date of this Order, Respondents shall retain a qualified contractor to conduct the required Work identified in this Order and notify EPA in writing of the identity and qualifications of the contractor. Prior to the initiation of Work, Respondents shall further notify EPA in writing regarding the identity and qualifications of the supervisory person or persons who will be primarily responsible for carrying out the terms of this Order. All supervisory personnel, contractors, subcontractors and/or other persons

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performing cleanup activities at the Site shall meet the applicable Occupational Safety and Health Administration ("OSHA") requirements as defined in 29 CF.R. §1910.120. The supervisory personnel, contractors, and subcontractors, including any replacements, are subject to acceptance by EPA. EPA may disapprove the use of any supervisory personnel, contractor and/or subcontractor. In the event of a disapproval by EPA, Respondents shall notify EPA within five (5) days of receipt of EPA disapproval of the supervisory personnel, contractor or subcontractor who will replace the one(s) disapproved by EPA.

8.3 Within fourteen (14) days of the effective date of this Order, Respondents shall submit a Work Plan ("WP") to the EPA for the Work to be implemented and shall include a schedule of operations for expeditious performance of the Work. The WP shall be consistent with the NCP and shall be subject to approval by EPA according to the provisions of paragraphs 8.4. and 8.8 below. The following are the minimum specific Work items, that are to be detailed in the WP:

a. A Site Health and Safety Plan ("Safety Plan") to protect the health of workers, other personnel and the public from the hazardous substances and work-related health and safety hazards during performance of the work specified herein;

b. A plan to prevent access to the Site by the general public;

c. A plan to identify the extent of contamination in the soil and groundwater and surface water;

d. A plan to identify and segregate hazardous substances and materials contaminated with hazardous substances at the Site including contaminated soils;

e. A plan to remove and properly dispose of materials contaminated with hazardous substances located at the Site;

f. A plan to sample wells for contaminants on a quarterly basis in an area at least as extensive as that identified pursuant to the extent of contamination study of groundwater;

g. Obtain a Hazardous Waste Generator Identification Number; and

h. An expeditious schedule for implementation of the WP.

8.4 EPA will review the WP and notify the Respondents of EPA's approval or disapproval of the WP. In the event of disapproval, EPA will specify the deficiencies in writing. The Respondents shall respond to and correct the deficiencies identified by EPA and resubmit the WP to EPA within five (5) business days of receipt of EPA disapproval. Approval, disapproval and/or modification by EPA of the subsequent WP submission shall be according to the provisions of Paragraph 8.8 below. Approval of the WP shall not limit EPA's authority under the terms of this

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Order to require Respondents to conduct activities consistent with this Order to accomplish the Work outlined in paragraph 8.3 of this Order.

8.5 Within five (5) business days of receipt from EPA of written approval of the WP, the Respondents shall begin implementation of the Work in accordance with the WP and the schedule therein, and shall further conduct and complete the Work required in the WP in accordance with the apprpved WP and schedule therein.

8.6 Beginning seven (7) calendar days subsequent to the date of receipt of EPA approval of the WP and continuing until EPA advises Respondents that the Work is complete, the Respondents shall provide EPA with a progress report for each preceding 14 day period. The progress reports shall include, at a minimum: 1) a description of the Work completed and the actions that have been taken toward achieving compliance with this Order; 2) a description of all data anticipated and activities scheduled for the next 14 days; 3) a description of any problems encountered or anticipated; 4) any actions taken to prevent or mitigate such problems; 5) a schedule for when such actions will be completed; 6) copies of all analytical data received during the reporting period; and 7) all proposed modifications to the Work, WP, and schedule during the reporting period.

8.7 Documents, including work plans, reports, sampling results and other correspondence to be submitted pursuant to this Order shall be sent certified or express mail to the EPA Project Officer, designated pursuant to Paragraph 9.2.

8.8 All WPs, reports, plans, specifications, schedules and attachments required by this Order are subject to EPA approval and shall be incorporated into this Order upon approval by EPA. In the event that EPA disapproves any required submission, EPA will specify the deficiencies in writing. Within five (5) business days of receipt of EPA disapproval. Respondents shall amend and submit to EPA a revised submission that responds to and corrects the specified deficiencies. In the event of subsequent disapproval of the revised submission, EPA may submit its own modifications to the Respondents, in which case the Respondents are hereby required to implement such modifications. Alternatively, EPA may perform the response action and seek reimbursement of its costs from Respondents and/or take any other action authorized by law. Any non-compliance with such EPA-approved WPs, reports, plans, specifications, schedules, and attachments, submission of deficient revisions following EPA disapproval, or non-compliance with EPA required modifications in the case of subsequent disapprovals as specified in this paragraph shall be considered a failure to comply with a requirement of this Order. Determination(s) of non-compliance will be made by EPA. In the event that EPA disapproves the

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revised submission(s) and EPA subsequently performs the response action, EPA retains the right to seek reimbursement of its costs, including treble damages pursuant to Section 107(c) of CERCLA.

8.9 Respondents shall provide to EPA upon request any and all information resulting from and/or pertaining to Work performed by Respondents pursuant to this Order including, but not limited to, analytical data (including raw data), Site safety data, Site monitoring data, operational logs, copies of all hazardous waste manifests (including copies of all hazardous waste manifests signed upon receipt of the hazardous wastes by a licensed treatment, storage or disposal facility), identities of treatment, storage and/or disposal facilities used, identities of transporters used, and identities of any contractors and subcontractors used. Nothing herein shall be interpreted as limiting the inspection and information-gathering authority of EPA under Federal law.

8.10 Within ten (10) calendar days of the completion of all of the Work required in the approved WP, Respondents shall submit a written report to EPA detailing the Work completed, and notifying EPA of such completion. EPA may inspect the Work for adequacy of Respondents' performance of such Work. EPA will notify Respondents, in writing, of any Work deficiencies and the corrective Work actions required to correct these deficiencies at the Site. Such required corrective Work actions shall be consistent with the NCP and all applicable Federal laws or regulations. Respondents shall take the necessary corrective Work actions to address any Work deficiencies identified by EPA.

8.11 Respondents shall not remove any waste materials from the Site, except in conformance with the terms of this Order and all applicable Federal, State or local laws or regulations, as required by the NCP.

8.12 Respondents shall not commence any response actions or Work covered by this Order, except in conformance with the terms of this Order. No Respondent shall interfere in any way with the -performance of response actions in accordance with this Order by any other Respondent(s).

IX. DESIGNATED PROJECT COORDINATORS

9.1 Within five (5) days of the effective date of this Order, Respondents shall designate a Project Coordinator. Respondents' Project Coordinator shall be responsible for overseeing the Work required by this Order. The Respondents shall notify EPA of their designated Project Coordinator no later than five (5) days after the effective date of this Order. To the maximum extent possible, communications between the Respondents and EPA,, and all

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documents, including WP, reports, approvals, and other correspondence, concerning the activities performed pursuant to the terms and conditions of this Order, shall be directed to the Project Coordinators by certified or overnight mail. 9.2 The Project Coordinator for EPA is:

Glen S. Lapsley On-Scene Coordinator U.S. Environmental Protection Agency Enforcement and Title III Section (3HW33) 841 Chestnut Building Philadelphia, PA 19107 (215) 597-6684

9.3 The Respondents shall have the right to change their Project Coordinator. Such a change shall be accomplished by notifying EPA in writing at least three (3) days prior to the change.

9.4 EPA shall have the ability to change its Project Coordinator at any time, without prior notice to Respondents. EPA's intent is to notify Respondents as soon as practicable following any such change of its Project Coordinator.

9.5 The absence^ of the EPA Project Coordinator from the Site shall not be cause for the stoppage or delay of Work except when such stoppage or delay is specifically required by EPA.

X. DUALITY ASSURANCE

10.1 The Respondents shall use quality assurance, quality control, and chain of custody procedures in accordance with the "EPA NEIC Policies and Procedures Manual" dated May 1978, revised November 1984, EPA Document 330/9-78-001-R and "Interim Guidelines and Specifications for Preparing Quality Assurance Project Plans," December 1980, QAMS-005/80, while conducting all sample collection and analysis activities required by this Order. The Respondents shall consult with EPA in planning for, and prior to, all sampling and analysis required by the approved WP. The Respondents shall use a laboratory(s) which has a documented Quality Assurance Program that complies with EPA guidance document QAMS-005/80.

10.2 Respondents shall provide EPA with all information and documents in their custody, possession, or control concerning Respondents' compliance with Quality Assurance and Quality Control upon EPA's written request.

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XI. SITE ACCESS

11.1 As of the effective date of this Order, Respondents Richard and Vera Barefoot shall provide access to EPA and all Respondents, including any subsequently identified by EPA, and their employees, agents, consultants, contractors, and other authorized and/or designated representatives for the purposes of conducting and/or overseeing any Work required by or relating to this Order. Such access shall permit EPA and all Respondents, including any subsequently identified by EPA, and their employees, agents, consultants, contractors, and other designated representatives to conduct all activities described in paragraph 11.3 of this Order.

11.2 To the extent that property wherein Work must be undertaken pursuant to the terms and conditions of the Order is presently owned or controlled by parties other than Respondents to this Order, the Respondents shall use their best efforts to obtain Site access arrangements from the present owners within five (5) days of the effective date of this Order. Such agreements shall provide reasonable access for EPA, and the Respondents and their representatives, including access for those activities outlined in 11.3 below. Acceptable access arrangements must involve access agreements fulfilling the requirements of paragraphs 11.1 and 11.3 of this Order. In the event that the property owner refuses to provide such access or access agreements are not obtained within the time designated above, whichever occurs sooner, the Respondents shall notify EPA, in writing, within five (5) days of all efforts to obtain access and the circumstances of the failure to obtain access. The Respondents shall also notify EPA of all efforts to obtain such agreements. EPA may then take steps to provide such access.

11.3 EPA and/or its authorized representatives shall have the authority to enter and freely move about the location where the response action and/or Work is being performed at all reasonable times for the purpose of, inter alia: inspecting Work, inspecting records, operating logs, and contracts related to the Site; reviewing the progress of any Additional Respondents and Respondents to this Order in carrying out the terms of this Order; conducting such tests as EPA deems necessary; using a camera, sound recording or other documentary type equipment; and verifying the data submitted to EPA by any Additional Respondents and Respondents to this Order. The Respondents shall permit such persons to inspect and copy all records, files, photographs, documents, and other writings, including all sampling and monitoring data, in any way pertaining to Work undertaken pursuant to this Order.

11.4 Notwithstanding any provision of this Order, EPA retains all of its access and information-gathering authorities and

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rights under CERCLA, and any other applicable statute or regulation.

XII. RESERVATION OF RIGHTS

12.1 EPA reserves all rights, claims, interests, and defenses it has under CERCLA or any other law or in equity.

12.2 Nothing herein shall be construed to prevent EPA from seeking legal or equitable relief to enforce the terms of this Order, to seek injunctive relief, and/or to seek the imposition of statutory penalties.

12.3 This Order concerns certain removal response activities (the Work described in Section VIII above) relating to the Site. The Work required by this Order may not fully address all contamination at the Site. Subsequent response activities which may be deemed necessary by EPA are not addressed by this Order.

12.4 EPA reserves its right to disapprove of Work performed by the Respondents and/or other persons pursuant to this Order, to require Respondents and/or other persons to correct and/or to re-perform any and all Work disapproved by EPA, and to require the Respondents and/or other persons to perform response actions in addition to those required by this Order.

12.5 EPA reserves the right to take enforcement actions, including actions for monetary penalties, for any violation of law, regulation, or of this Order. Failure to comply with this Order subjects Respondents to the assessment of civil penalties of up to $25,000 per day and/or punitive damages in an amount up to three times the amount of any costs incurred by the United States as a result of such failure pursuant to Sections 106(b) and 107(c) of CERCLA, 42 U.S.C. §§9606(b) and 9607(c). EPA may also undertake such other actions as it may deem necessary or appropriate for any purpose including, but not limited to, actions pursuant to Sections 104 and/or 106 of CERCLA, 42 U.S.C. §§9604 and/or 9606.

12.6 EPA reserves the right to undertake removal and/or remedial actions, including all actions required by this Order, at any time such actions are appropriate under CERCLA and the NCP and to seek reimbursement from Respondents and/or other persons for any costs incurred.

12.7 EPA reserves the right to bring an action against the Respondents and/or other persons pursuant to Section 107 CERCLA, 42 U.S.C. §9607, for recovery of all response and oversight costs incurred by the United States in connection with this Order and not reimbursed by Respondents and/or other persons, as well as

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ORIGINAL (Red)


any other costs incurred by the United States in connection with response actions relating to the Site.

12.8 Nothing in this Order shall limit the authority of the On-Scene Coordinator as outlined in the NCP and CERCLA.

12.9 All references to "Respondents" shall mean Respondents to this Order as well as each Respondent individually. Nothing herein shall restrict EPA's enforcement discretion to determine which Respondents it may pursue for violation(s) of this Order.

XIII. OTHER CLAIMS

13.1 Nothing in this Order shall constitute or be construed as a release from any claim, cause of action or demand in law or equity against any person, firm, partnership, or corporation not bound by this 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 or any hazardous substances, hazardous wastes, pollutants, or contaminants found at, taken to, or. taken from the Site.

13.2 This Order does not constitute any decision on preauthorization of funds under Section 111(a)(2) of CERCLA, 42 U.S.C. §9611(a)(2).

13.3 Neither EPA nor the United-States, by issuance of this Order, assumes any liability for any acts or omissions by Respondents, or Respondents' employees, agents, contractors, or consultants engaged to carry out any action or activity pursuant to this Order, nor shall EPA or the United States be held as a party to any contract entered into by Respondents or by Respondents' employees, agents, contractors, or consultants engaged to carry out the requirements of this Order.

13.4 Nothing herein shall constitute or be construed as a satisfaction or release from liability of Respondents or any other person.

XIV. OTHER APPLICABLE LAWS

14.1 All Work required to be taken pursuant to this Order shall be undertaken in accordance with the requirements of all applicable local. State, and Federal laws and regulations, as required by the NCP.

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(Red)


XV. EFFECTIVE DATE AND SUBSEOUENT MODIFICATION

15.1 The effective date of this Order shall be two (2) days after the date on which it is signed by the Regional Administrator of EPA Region III.

15.2 Any WPs, reports, plans, specifications, schedules, or other submissions required by this Order are, upon approval by EPA, incorporated into this Order. Any non-compliance with such EPA-approved reports, plans, specifications, schedules, or other submissions shall be considered non-compliance with the requirements of this Order. Determinations of non-compliance will be made by EPA.

15.3 No informal advice, guidance, suggestions or comments by EPA regarding WPs, reports, plans, specifications, schedules, or other submissions by the Respondents or the requirements of this Order will be construed as relieving the Respondents of their obligation to obtain formal approval when required by this Order, and to comply with the requirements of this Order unless formally modified.

15.4 This Order may be modified or amended by the EPA Region III Regional Administrator. Such modifications or amendments shall be effective on the date they are signed by the Regional Administrator or such other date as set by the Regional Administrator. Minor modifications to the Work, WP and or schedule may be approved by the EPA Project Coordinator.

XVI. LIABILITY OF THE UNITED STATES GOVERNMENT

16.1 Neither the United States Government nor any agency thereof shall be liable for any injuries or damages to persons or property resulting from acts or omissions of Respondents, or of their employees, agents, servants, receivers, successors, or assigns, or of any persons, including, but not limited to firms, corporations, subsidiaries, contractors, or consultants, in carrying out activities, including but not limited to Work pursuant to this Order, nor shall the United States Government or any agency thereof be held as a party to any contract entered into by Respondents in carrying out activities, including but not limited to Work, pursuant to this Order.

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XVIII. CERTIFICATION OF COMPLIANCE

17.1 Any notice, report, certification, data presentation, or other document submitted by Respondents under or pursuant to this Order, which discusses, describes, demonstrates, or supports any finding or makes any representation concerning Respondents' compliance or non-compliance with any requirement(s) of this Order shall be certified by a responsible official of the Respondents. The term "responsible official" for a corporation means a responsible corporate officer: (a) a president, secretary, treasurer or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $35 million (in 1987 dollars when the consumer price index was 345.3), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. The responsible official for a partnership or sole proprietorship means a general partner or the proprietor, respectively.

17.2 The certification of the Respondents required by paragraph 17.1 of this Order shall be in the following form:

Except as provided below, I certify that the information contained in or accompanying this (type of submission) is true, accurate, and complete. As to (the/those) portion(s) of this (type of submission for which I cannot personally verify (its/their) accuracy, I certify under the penalty of law that this (type of submission) and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

Signature: Name(print): Title:

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(Ked)


XVIII. CALCULATION OF TIME

18.1 Any reference to "days" in this Order shall mean calendar days, unless otherwise specifically provided herein. Any reference to "business days" shall mean every day of the week except Saturdays, Sundays and federal holidays.

XVIII. FAILURE TO PERFORM/PERFORMANCE EVENTS

19.1 In the event of an inability or anticipated inability on the part of Respondents to perform any of the actions or Work required by this Order in the time and manner required herein, the Respondents' Project Coordinator shall notify EPA orally within twenty-four (24) hours of such event (or, if the event occurs on a Friday or Saturday, no later than the following Monday) and in writing as soon as possible, but in no event more than three (3) days after such event. Such notice shall set forth the reason(s) for, and the expected duration of, the inability to perform; the actions taken and to be taken by Respondents to avoid and mitigate the impact of such inability to perform; and the proposed schedule for completing such actions. Such notification shall not relieve Respondents of any obligation of this Order. Respondents shall take all reasonable actions to prevent and minimize any delay.

19.2 Respondents shall immediately notify EPA's Project Coordinator and the National Response Center in the event of any action or occurrence during the pendency of this Order which causes or threatens to cause an additional release of hazardous substances, pollutants, or contaminants on, at, or from the Site, or which may create a danger to public health or welfare or the environment.

19.3 Failure by Respondents to carry out any requirement of this Order in accordance with the terms and conditions specified herein may result in the unilateral performance of the required actions by EPA pursuant to applicable authorities, an action to recover treble damages pursuant to CERCLA, and/or the initiation of an enforcement action against Respondents to require Respondents to perform such actions, in addition to any other relief that may be available to EPA pursuant to applicable law.

19.4 Nothing in this paragraph or any other provision of this Order shall be construed so as to limit any powers EPA may have under CERCLA, the NCP, or any other law or regulation.

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XX. NOTICE OF INTENT TO COMPLY

2 0.1 Each Respondent shall notify EPA's Project Coordinator within two (2) days after the effective date of this Order of that Respondent's intention to comply with the terms of this Order. Failure of any Respondent to provide notification to EPA's Project Coordinator of intent to comply within this time period shall be deemed a violation of this Order by that Respondent.

XXI. OPPORTUNITY TO CONFER WITH EPA

21.1 Not later than three (3) business days from the effective date of this Order, Respondents may confer with EPA to discuss this Order. Such conference is not an adversarial hearing or part of a proceeding to challenge this Order, and no official stenographic record of such conference shall be kept.

XXII. ADMINISTRATIVE RECORD

22.1 The Administrative Record upon which this Order is issued is available for review by Respondents' representatives at their request. Requests to review the Administrative Record shall be submitted to the EPA Project Coordinator designated pursuant to Section IX of this Order.

XXIII. TERMINATION AND SATISFACTION

23.1 The Respondents' obligations to EPA under this Order shall terminate and be deemed satisfied upon the Respondents' receipt of written notice from EPA that the Respondents have demonstrated, to the satisfaction of EPA, that all the terms of this Order have been satisfactorily completed.

IT IS SO ORDERED.

^ tu K.' C.A^^^ DATE: ^ / ^ / 9 / BY: Edwin B. Erickson Regional Administrator Region III U.S. Environmental Protection Agency

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