000001 - alaska dec · 000001 amendment no. 2 to poppy lane compliance order by consent (no....
TRANSCRIPT
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AMENDMENT NO. 2 TO POPPY LANE COMPLIANCE ORDER BY CONSENT
(NO. 92-86-23-01-151-01)
The Alaska Department of Environmental Conservation,
Marathon Oil Company and Union Oil Company of California agree to
modify sections VII, IX, X, and XI (a) of the February 24, 199.2
Poppy Lane Compliance Order (No. 92-86-23-01-151-01), as amended
on March 2, 1993, as follows:
VII. GROUND WATER ASSESSMENT AND R-IATION PLANS ; PERMIT
APPLICATIONS.
a. Within six (6) months after ADEC's written
confirmation of completion of the excavation of contaminated
soils, respondents shall submit to the DEC Kenai Area Office
Contaminated Sites project manager, a proposed groundwater
remediation and assessment plan for complete assessment and
cleanup of both contaminated groundwater at the site and
contaminated groundwater in adjacent areas.
permit applications and permit amendments will be submitted with
the remediation plan. Plan modifications shall be handled in
All appropriate
accordance with Part VIII. The plan, at a minimum, shall include
a complete, technically detailed description of proposed methods
for:
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b.
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the remediation of contaminated groundwater
through the creation of artifical wetlands in the
gravel pit area;
assuring quality assurance/quality control for
groundwater sampling and laboratory analysis; and
short term and long term ground water monitoring
of the site. *
The plan shall also identify: existing groundwater
monitoring wells, by location; surface water sampling locations;
and shall include proposed ground and surface water testing and
reporting requirements. Once installed, monitoring wells may not
be removed or otherwise rendered inoperable absent the written
consent of the DEC authorized officer.
IX. -ION OF REWEDIATION.
Respondents shall diligently pursue the approved
plan(s) until cleanup levels are attained. If during the course
of groundwater cleanup, Respondents determine that groundwater
cleanup levels cannot be attained, Respondents shall submit to
the Department a report outlining the reasons why. The report
shall, at a minimum, address the following areas of concern:
1) An engineering report that assesses why the cleanup
levels cannot be achieved.
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2) A risk assessment that addresses the residual levels of
contaminants, and establishes risk based alternative
cleanup levels. The risk assessment must conform to
the requirements as described in Section XI or the most
current departmental Risk Assessment guidance.
3 ) A detailed long term groundwater monitoring plan.
4) Land use restrictions required for future use at the
affected property(s) due to the residual contamination
levels.
The Department shall have 90 days to review the submitted
report and either approve, deny or request modifications and
further information. If the respondents disagree with the
department's action(s), they shall have the right to request
dispute resolution as outlined in Section X.(a) CLEANUP PROGRESS,
below.
x. CLEANlT P PROGRESS.
a. Cleanup operations shall be monitored by DEC to
assure that operations are progressing in a correct and proper
fashion. Any perceived deficiencies shall be immediately brought
to the attention of respondents. If agreement cannot be reached
resolving the alleged deficiencies, then the matter shall be
submitted to a hearing officer. The hearing officer may be an c
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employee of the State, but may not be employed within DEC or the
Department of Law. The decision of the hearing officer shall be
final; the decision may be appealed to the Superior Court under
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Appellate Rule 602. Any fees or costs associated with retention
of the hearing officer shall be borne by the State. i \ b. Reports will be submitted which delineate
activities performed during times of soil and groundwater
remediation.
will not be required.
state when cleanup activities will start again.
shall prepare and submit to DEC the following reports:
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During suspension of cleanup activities reports
The last report for a field season must
Respondents
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1. written cleanup progress reports describing the 1
status of groundwater cleanup activities conducted pursuant to an
approved remediation plan at least every ninety (90) days, until
the completion of the groundwater remediation;
2. written cleanup progress reports describing the
status of soil cleanup activities conducted pursuant to an
approved remediation plan at least every thirty (30) days. The
report format will be developed by the DEC and the respondents.
Reports, at a minimum, must contain the following:
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A. a description of cleanup work performed during the
reporting period;
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B. an estimate of the percentage of soil cleanup
completed and/or the results of the groundwater remediation
program ;
3 . the projected and/or scheduled construction work
for the next reporting period; and
4 . all available laboratory/monitoring data collected
during the reporting period.
XI. CLEANUP LEVELS.
a. The cleanup of any contaminated soil or water will
be deemed complete at the following levels:
1. for water, at a purity level such that the water
I meets or exceeds the applicable primary drinking water standards
for benzene, ethylbenzene, toluene, xylene, nitrate, barium,
cadmium, chromium and lead set out in 18 AAC 80 or in applicable
federal regulatory requirements for Maximum Contaminant Levels
for drinking water. For substances other than TPH which are not
listed above and which are subsequently discovered, cleanup to
appropriate MCL’s or background levels will be required unless an
alternate cleanup level is established pursuant to Part XI,
b. For other substances for which no enforceable
standards currently exist, and the parties cannot come to
agreement regarding appropriate levels, the matter shall be +
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submitted to the hearing officer under Part X above;
2. for soils contaminated with hydrocarbons at a
level such that the following compounds are found in no greater
concentrations than indicated when the.soil is tested under EPA
method 8020:
A. benzene, one-tenth (0.1) mg/kg;
B. total benzene, toluene, ethyl benzene and’xylenes,
ten (10) mg/kg;
3 . for soils contaminated with hydrocarbons at a
level such that the diesel range petroleum hydrocarbons, when the
soil is tested using SW-846 test method 8100 modified, are in no
greater concentration than one hundred (100) mg/kg or can be
statistically shown, by a statistical method approved in writing
by the ADEC, to have an average concentration of less than one
hundred (100) mg/kg with a confidence interval of ninety-five
percent (95%) ;
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4. for soils contaminated with pollutants other than
hydrocarbons, either removal or cleanup to background levels.
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
E
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Ron Klein s* 23 Acting Contaminated Sites Program Manager
Marathon Oil Company
Union Oil Company of California
000008 Alaska Region Domestic Pfgduaion
Marathon Oil Company
P.O. Box 1961 68 Anchorage, AK 99519-61 68 Telephone 907/561-5311
May21, 1996
RECEIVED Ron Klein, Acillig Program Manager Alaska Dept. Of Environmental Conservation Division of Spill Prevention and Response Contaminated Sites Remediation Program 555 Cordova Street, 2nd Floor Anchorage, AK 9950 1
MAY 2 2 1996
DEPT. OF ENVIRONMENTAL CONSERVATION
Dear Mr. Klein:
RE: Spill 86-23-01-151-01: Poppy Lane Compliance Order Changes
Enclosed is the original Compliance Order by Consent (COBC) Amendment which has been sign by Marathon and Unocal. As we understand from Don Seagren, the reference to removal of TPH requirements in your letter applies to all groups of hydrocarbons, such as DRO, RRO, and GRO. If this understanding is not correct, please contact us. We anticipate receiving a copy of the COBC with your signature.
The Department’s assistance with these changes has been greatly appreciated. The wetland pilot plot has been constructed, and planting is underway. We look forward to working closely with Don Seagren to restore the gravel pit area. Please contact Stephanie Olson at 564-6372 with any questions.
Sincerely,
TerryL&vacevich Operations Superintendent
cc: Don Seagren, ADEC - Soldotna S. S. Olson M. J. Allen John Beitia, Unocal- Anchorage Todd McGovem, Unocal- Anchorage File Poppy Lane
,
A subsidiary of USX Corporation Environmentally aware for the long run.
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FEB 2 3 1995 DEPT. OF ENVIRONMENTAL CONSERVATION
SCRO
The State of Alaska, Department of Environmental 'onservation (hereinafter "DEC") , and Aman Environmental, Inc., Aman Znvironmental Construction, Inc. and Dan A. Vossler (hereinafter :ollectively referred to as I1Aman1') agree to enter into this settlement agreement.
In March 1994, the State of Alaska, Department of Invironmental Conservation filed a lawsuit against Aman alleging statutory and regulatory violations of Alaska law arising out of the lamage to the treatment cell liner. Alaska Superior Court No. 3AN- 34-2269 CI ("lawsuit").
1. The provisions of this Agreement shall apply to and >e binding on the parties and their successors and assigns.
2. Aman will complete the reconstruction of the Poppy Jane Treatment cell in accordance with the terms of the workplan :onditionally approved by DEC on August 26, 1994.
d Party Confirmation S u
3 . Aman agrees that an independent third-party mvironmental consultant will take all confirmation samples to letermine whether all cleanup levels have been met. This provision ipplies to testing to determine whether soils being treated within :he treatment cell meet cleanup levels as well as testing associated tith closure of the treatment cell site itself.
4 . Upon future closure of the treatment cell, Aman ;hall investigate and remediate any contamination at the treatment ,
:ell site pursuant to the terms of a DEC-approved workplan. The ;cope and extent of this investigation and remediation will be mrsuant to applicable state and federal statutes and regulations.
lelease
5 . DEC agrees that all claims asserted by D,EC in the ibove named civil action shall be dismissed in their entirety, with zejudice, with each party to bear its own costs and attorneys fees. IEC further agrees that it shall, through counsel, execute the ippropriate Stipulation for Dismissal with Prejudice.
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6. For and in consideration of payment of $133,765 by Aman to DEC, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree to unequivocally release and discharge each other, and their respective successors-in-interest, parents, affiliates, assigns, adjusters, insurers, re-insurers, indemnitors, directors, officers, employees, agents, consultants, heirs and predecessors from all actions, causes of action, suits, controversies, claims, and demands of every kind and nature, whether mature or to be mature in the future, whether civil, administrative or criminal (except as limitedbelow), arising in any way out of the matters set forth in the above-named lawsuit, excepting those obligations of Aman expressly described in this Agreement. DEC understands and acknowledges that the settlement reflected herein is the compromise of a disputed claim and that the payment made is not to be construed as admission of liability on the part of Aman, by whom liability is expressly denied. In view of the Alaska Supreme Court case of U t t v. Watkins , 579 P.2d 1065 (Alaska 19781, with which the parties are familiar, it is specifically set forth that it is the intention of Aman and DEC to discharge absolutely all claims and liabilities asserted, or that could have been asserted (whether mature or to be mature in the future, whether civil, administrative or criminal, except as limitedbelow), arising in any way out of the matters set forth in the above-named lawsuit. rhe release of criminal liabilities, however, only applies to the 3ctober 1992 damage to the liner, the subsequent releases, the Eailure to report those releases, and any attempts at covering up the release including destruction of documents. Any contamination not resulting from the October 1992 damage to the liner is not included in the criminal release. The release of criminal Liabilities does not include the future obligation to report any :ontamination identified in the future, regardless of whether the 'ontamination originated from the 1992 liner damage or some other source. DEC acknowledges and assumes all risk, chance, or hazard :hat the damages suffered may be different, or may'become more sxtensive than is now known, anticipated, or expected. Except as xovided in this Agreement, the Parties, by virtue of this release, :ovenant and agree that they will not individually or in concert rith others, or by virtue of other judicial proceedings of any kind thatsoever, make or cause to be made, acquiesce in or assist in the )ringing of any further claims or actions of any kind against each >ther for damages or loss arising out of the matters hereinabove iescribed; m d . bwever , that the State may cooperate as Irovided in public records statutes and other legal requirements ipplicable to the State in providing information and documents to :hird-parties concerning these matters.
;E"LEMENT AGREEMENT AND RELEASE OF CLAIMS
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on of
7. DEC expressly reserves its right to initiate further administrative or legal proceedings for any violation of this Agreement in the event its terms are not fully complied with by Aman. In addition, the State reserves the right to require cleanup of pollution which resulted from any activities associated with any of Amans' operations.
8 . Any party may seek damages or other legal recourse if there is a breach of this agreement. In the event of a material breach of this agreement the nonbreaching party may terminate this agreement and seek any legal or equitable remedy provided by law.
In Witness Whereof, the parties have signed this Settlement Agreement on advice of counsel on the dates set forth below.
/. I / . P5 Date :
SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS
Assistant Attorney General
STATE OF ALASKA BRUCE M. BOTELHO ATTORNEY GENERAL By : 'j . ~ . b ~ - . ? - - - - - .-
/,/Ronald J. !%tcl'ife " Assistant Attorney General I
AMANENVIJ(O"TAL, W .
By : -2&2Lz&- Its: m .
AMAN ENVIRONMENTAL CONSTRUCTION. INC.
By : Its: pes.
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, John M. Miller, Esq. E I D E & MILLER, P.C. 425 G Street, Suite 930 Anchorage, Alaska 99501 (907) 279-0930
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R E C E I V ~ Q JAN 2 4 1995
EIDE & MI*
00c?01,2
and Dan A. Vossler
IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
THIRD JUDICIAL D I S T R I m AT ANCHORAGE
STATE OF ALASKA, D E P A R W OF ENIIRONMEXW% CONSERVATION,
Plaintiff,
RECEIVED
FEB 2 3 1995
DEPT. OF ENVIRONMENTAL CONSERVATION vs . ) \
AMAN ENVIRONMENTAL, INC., a i SCRO California corporation; AMAN ) ENVIRO”T& CONSTRUCTION, INC . , ) a California corporation; and DANA. VOSSLEX,
I
Defendants. )Case No. 3AN-94-2269 C I
It is stipulated by and between the parties,
through their counsel, that plaintiff, State of Alaska,
Department of Environmental conservation, dismisses with
prejudice the me-entitled case as to all defendants (Aman
Environmntal Inc., Aman Environmental Construction Inc., @
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Stiprlatim for Dismissal W i t h Prejudice past 1
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and Dan A. Vossler), each party to bear its own costs and
fees.
DATED: / -//--qq EIDE & MILLER Attorneys for Defendants
DATED :
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BRUCE M. BOTELHO, Attorney General Attornevs for State of _&ska
w Assistant Attorney General
ORDER
IT IS SO ORDERED that the above-entitled case is
dismissed with prejudice, each side to bear its own costs
and fees.
DATE : / 2 . / 9 5 Superior Court Judge
Stipulation for Dismissal With Prejudice ease 2
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FEB 2 3 1995 DEPT. OF ENVIRONMENTAL CONSERVATION
SCRO
OF C T n W
The State of Alaska, Department of Environmental Zonservation (hereinafter IIDEC" ) , and Aman Environmental, Inc. , Aman Environmental Construction, Inc. and Dan A. Vossler (hereinafter collectively referred to as "AmanVt) agree to enter into this settlement agreement.
In March 1994, the State of Alaska, Department of Environmental Conservation filed a lawsuit against Aman alleging statutory and regulatory violations of Alaska law arising out of the damage to the treatment cell liner. Alaska Superior Court No. 3AN- 94-2269 CI ("lawsuit").
B O U
1. The provisions of this Agreement shall apply to and be binding on the parties and their successors and assigns.
2 . Aman will complete the reconstruction of the Poppy Lane Treatment cell in accordance with the terms of the workplan conditionally approved by DEC on August 26, 1994.
3 . Aman agrees that an independent third-party environmental consultant will take all confirmation samples to determine whether all cleanup levels have been met. This provision applies to testing to determine whether soils being treated within the treatment cell meet cleanup levels as well as testing associated with closure of the treatment cell site itself.
of the Treatment Cell Site
4 . Upon future closure of the treatment cell, Aman shall investigate and remediate any contamination at the treatment cell site pursuant to the terms of a DEC-approved workplan. The scope and extent of this investigation and remediation will be pursuant to applicable state and federal statutes and regulations.
Release
5 . DEC agrees that all claims asserted by DFC in the above named civil action shall be dismissed in their entirety, with prejudice, with each party to bear its o m costs and attorneys fees- DEC further agrees that it shall, through counsel, execute the appropriate Stipulation for Dismissal with Prejudice.
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6. For and in consideration of payment of $133,765 by ?man to DEC, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree to unequivocally release and discharge each other, and their respective successors-in-interest, parents, affiliates, assigns, adjusters, insurers, re-insurers, indemnitors, directors, officers, employees, agents, consultants, heirs and predecessors from all actions, causes of action, suits, controversies, claims, and demands of every kind and nature, whether mature or to be mature in the future, whether civil, administrative or criminal (except as limitedbelow) , arising in any way out of the matters set forth in the above-named lawsuit, excepting those obligations of Aman expressly described in this Agreement. DEC understands and acknowledges that the settlement reflected herein is the compromise of a disputed claim and that the payment made is not to be construed as admission of liability on the part of Aman, by whom liability is expressly denied. In view of the Alaska Supreme Court case of W v. Watkins , 579 P.2d 1065 (Alaska 1978), with which the parties are familiar, it is specifically set forth that it is the intention of Aman and DEC to discharge absolutely all claims and liabilities asserted, or that could have been asserted (whether mature or to be mature in the future, whether civil, administrative or criminal, except as limited below) , arising in any way out of the matters set forth in the above-named lawsuit. The release of criminal liabilities, however, only applies to the 3ctober 1992 damage to the liner, the subsequent releases, the failure to report those releases, and any attempts at covering up the release including destruction of documents. Any contamination not resulting from the October 1992 damage to the liner is not included in the criminal release. The release of criminal liabilities does not include the future obligation to report any eontamination identified in the future, regardless of whether the eontamination originated from the 1992 liner damage or some other source. DEC acknowledges and a,ssumes all risk, chance, or hazard that the damages suffered may be different, or may become more extensive than is now known, anticipated, or expected. Except as provided in this Agreement, the Parties, by virtue of this release, zovenant and agree that they will not individually or in concert Mith others, or by virtue of other judicial proceedings of any kind Mhatsoever, make or cause to be made, acquiesce in or assist in the bringing of any further claims or actions of any kind against each Dther for damages or loss arising out of the matters hereinabove iescribed; provided. however , that the State may cooperate as provided in public records statutes and other legal requirements spplicable to the State in providing information and documents to third-parties concerning these matters.
SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS PAGE i
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7. DEC expressly reserves its right to initiate further administrative or legal proceedings for any violation of this Agreement in the event its terms are not fully complied with by Aman. In addition, the State reserves the right to require cleanup of pollution which resulted from any activities associated with any of Amans' operations.
Non-Performance (Breaa
8. Any party may seek damages or other legal recourse if there is a breach of this agreement. In the event of a material breach of this agreement the nonbreaching party may terminate this agreement and seek any legal or equitable remedy provided by law.
In Witness Whereof, the parties have signed this Settlement Agreement on advice of counsel on the dates set forth below.
BRUC
late : /-A3 -75
Assistant Attorney General
STATE OF ALASKA BRUCE M. BOTELHO ATTORNEY GENERAL
" Assistant Attorney General i
AMAN ENVIBONMENTAL, mC.
AMAN ENVIRONMENTAL CONSTRUCTION, INC . A
By : Its: /Pes.
c:\wpdocs\bct\aman\amanS.aot
;ETTLEMENT AGREEMENT AND RELEASE OF CLAIMS PAGE 3
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R E c E I v f ~ 000017 John M. Miller, Esq . EIDE & MILLER, P.C. 425 G Street, Suite 930 Anchorage, Alaska 99501 (907) 279-0930
Attomevs for Defendants --. .
JAN 2 4 1995
EIDE & MILLER
: '.
IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
THIRD JUDICIAL DISTRICT AT ANCHORAGE
STATE OF ALASKA, DEPARTMENT 1 RECEIVED OF ENVIRONMENTAL CONSERVATION, 1
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) AMAN ENVIRONMENTAL, INC., a ) California corporation; AMAN ) ENVIR0"TAL CONSTRUCI'ION, INC. , ) a California corporation; and ) DANA. VOSSLER, )
)
Plaintiff, 1 FEB 2 3 1995
vs . ) DEPT. OF ENVIRONMEDJTAL CONSERVATION SCRO
Defendants . )Case No. 3AN-94-2269 CI
ION FOR D I S M W PREJUDICE
It is stipulated by and between the parties,
through their counsel, that plaintiff, State of Alaska,
Department of Environmental Conservation, dismisses with
prejudice the ahve-entitled case as to all defendants (Aman
Environmental Inc., Aman Enviromntal Construction Inc.,
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Stipulation for Dismissal With Prejudice Page 1
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and Dan A. Vossler), each party to bear its own costs and
fees .
DATED: / - / l - ? L J EIDE & MILLER Attorneys for Defendants
A ..
DATED: I/[ BRUCE M. BOTELHO, Attorney General
Assistant Attorney General
ORDER
IT IS SO ORDERED that the above-entitled case is
dismissed with prejudice, each side to bear its own costs
and fees.
Stipulation for Dismissal With Prejudice pa@ 2
Superior C o u r t Judge
DEPT. OF ENVIRONMENTAL CONSERVATION i SOUTHCENTRAL REGIONAL OFFICE Telephone: (907) 563-6529 3601 C Street, Suite 1334 Fax: (907) 273-4331 Anchorage, AK 99503
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February 23, 1993 -
Bradley G. Penn Marathon Oil Company PO Box 1901 68 Anchorage, AK 9951 9
BEf;Ai’gTdmn OF Subject: Poppy Lane Compliance Order, COBC #: 92-86-23-01 - + & ~ ~ N ~ & E ~ & C;@$?;EQgtAn?
SC’ Dear Mr. Penn:
The Department proposes to modify section XIII, paragraph b of the February 24, 1992 Poppy Lane Compliance Order by Consent to provide for quarterly billing. We believe that quarterly billing will be more cost effective for all parties.
The revision can be made by amending the third sentence in Xlll b. as follows:
DEC’s authorized officer shall submit an itemized billing to respondents on OR BEFORE the V THIRTIETH (30TH) day of the month FOLLOWING THE @UARTERS ENDING DECEMBER 31, MARCH 31, JUNE 30, AND SEPTEMBER 30 during which the oversight work was performed or incidental costs incurred.
Please have the authorized representatives sign below if agreeable and return to Ron Klein at the above address. Please contact Ron Klein at 563-6529, if you have any questions.
Sincerely,
/2&& vend Brandt-Erichsen
Regional Administrator
Approved:
Approved:
Dated: 312 /9 3
cc: Breck Tostevin, AGO Les Buchholz, KDO Ron Klein, SCRO
Marathon Oil ConJbany
w & p w un6cal oil Corporation
RSK:el lSCROIRKWL.QRT
l., .'; * . s i : r . -. I - ' , . I '
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STATE OF ALASKA
DEPARTMENT OF ENVIRONMENTAL CONS
STATE OF ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION,
Complainant,
vs . j RECEIVED 1 Department of LCVJ 1
MARATHON OIL COMPANY and UNION OIL COMPANY OF CALIFORNIA,
1 Respondents. ) OfEiCe of the Attorney G d
Anchorage Branch Anchcrage, Alaska
Compliance Order No. 92- 56-23-01-151-01
COMPLIANCE ORDER BY CONSENT AND AGREEMENT SETTLING LIABILITY
The State of Alaska einafter ItStatel1), through its
Departments of Environmental rvation (hereinafter "DECtt) and
Law, and Marathon Oil Co ny and Union oil Company of California,
(hereinafter tlresponde
and therefore agree as follows:
I. OWNERS.
Respondents he so-called Poppy Lane gravel pit,
having purchased it in January, 1965. Respondent Union Oil
company of California managed the property from January, 1965,
until approximately September, 1987.
11. SITE.
The Poppy Lane gravel pit is located approximately five
(5) miles south - southeast of Kenai, Alaska. The site contains
eighty ( 8 0 ) acres, the northern portion of which was exdavated by
respondent Union Oil Company of California as a gravel pit. The
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legal description of the site is the West one-half of the
Southwest one-quarter of Section 27, Township 5 North, Range 11
West, Seward Meridian (hereinafter "the site"). In 1987, the
respondents erected a fence around the North, East and West sides
of the pit.
111. USE OF THE PROPERTY.
a. The site was purchased by respondents in January
1965. It is believed that a portion of the site had been used fo r
gravel extraction prior to the date of purchase and that a portion
of the site had been used as a trash dump prior to the date of
purchase. After purchase by respondents, the site was
periodically used as a source of gravel for projects in the Kenai
Gas Field and was used by Union Oil Company of California as a
discharge area for refuse and other wastes from the Kenai Gas
Field at least as early as 1967. The State alleges that this
industrial refuse and other waste constitute ttpollutionp8 as
defined at AS 46.03.900(19). The site was also utilized by Union
Oil Company of California and apparently certain members of the
public without respondents' consent, as a general llhousehold
trash" dump, and such trash also, the State alleges, constitutes
pollution under AS 46.03.900(19).
b. The discharges described in this Part entered into
or upon the waters, including groundwaters, and surface and
subsurface lands of the State of Alaska.
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IV. ALLEGED VIOLATIONS.
a. The State alleges that respondents did not obtain
required permits or other authorizations from DEC, or any other
state of Alaska governmental agency or local agency of government
for the discharges described in Part 111. Respondents allege that
permits were obtained with the concurrence of State agencies for
some activities, that authorizations were granted by the DEC for
some activities and that no permits or authorizations were
required for some activities.
b. The State alleges that the discharges without a
permit or other authorization constitute violations of AS
46.03.100 (need for waste disposal permit), AS 46.03.296
(unlawful to dispose of hazardous wastes), AS 46.03.302 (need for
hazardous waste permit), AS 46.03.305 (required hazardous wastes
reports and manifests), AS 46.03.308 (requirements for
transportation of hazardous wastes), AS 46.03.710 (pollution
prohibited), AS 46.03.740 (oil pollution prohibited), AS 46.03.745
(hazardous substance release prohibited), AS 46.03.755 (oil
discharge reporting requirement), AS 46.03.760 (violation of DEC
regulations prohibited), AS 46.03.800 (water nuisances
prohibited), AS 46.03.810 (air and land nuisances prohibited), AS
46.03.822 (strict liability for discharge of hazardous substances)
AS 46.04 . 020 (immediate removal of oil discharges required) , AS
46.06.080 (littering prohibited), AS 46.09.010 (hazardous
substance release reporting), AS 46.09.020 (contaipment and
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cleanup of hazardous substance release), and associated DEC
regulations. Respondents deny the State's allegations.
V. PRIOR ORDERS.
a. On December 13, 1985, respondent Union Oil Company of
California and DEC entered into a *'Compliance Order By Consent And
Agreement Settling Liability Of EnvironmentalViolationsit. To the
extent any obligations remain unfulfilled by Union Oil Company of
California under that "Compliance Order By Consent And Agreement
Settling Liability Of Environmental Violations,*t said obligations
are superseded by the terms of this Compliance Order By Consent
(hereinafter termed "COBCtt) between DEC and the respondents.
b. To date, respondents have completed a soil and
groundwater assessment. Included in that work is a report
prepared by respondent Marathon Oil Company entitled Groundwater 1 Assessment Plan - PODDV Lane Gravel Pit (May 1988); a report
prepared by respondent Marathon Oil Company entitled Groundwater
Assessment ReDort - PODDY Lane Gravel Pit (April 1989); and a
report prepared by respondent Marathon Oil Company and Union Oil
Company of California entitled PODDY Lane Gravel Pit Phase I1
Soils ReDort Site Investiuation and Assessment (March 22, 1988)
and other reports submitted after 1989.
VI. SOIL ASSESSMENT AND REMEDIATION PLANS; PERMIT
APPLICATIONS.
a. Respondents have submitted to DEC a proposed soil
remediation plan. Respondents shall submit in a timely mpnner all
permits required to execute approved remediation plans at the site t
4
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B f
* i rrl
000024
and contaminated adjacent areas. DEC will have until 30 days
after the effective date of this COBC to respond to respondent’s
modified work plan. Plan modifications shall otherwise be handled
in accordance with Part VIII. The plan as a minimum shall include
a complete, technically detailed description of proposed methods
for:
1. the on site treatment of contaminated soils, or if
on site treatment is not possible, then the removal/excavation of
contaminated soils;
2.
3 .
4 . the sampling of soils, including in situ and post
the transportation of contaminated soils;
the storage and segregation of excavated soils;
treatment soil sampling;
5.
6.
the treatment of contaminated soils;
assuring quality assurance/quality control far SO11
sampling and laboratory analysis; and
7. the return of treated soils, which satisfy cleanup
levels, to the site (if desired).
b. Plans for additional site assessment will be submitted if
contaminants not addressed in the COBC are discovered or if
additional areas of contamination are discovered. Site assessment
plans will be submitted in accordance with Part VIII.
VII. GROUNDWATER ASSESSMENT AND REMEDIATION PLANS: PERMIT
APPLICATIONS.
a. Within three (3) months after ADEC;s concfirmation
of completion of the excavation of contaminated soils, respondents
5
. . ... 4. - . . . . . :. _-
000025 P i .a
shall submit to the DEC authorized officer a proposed groundwater
remediation and assessment plan for complete assessment and
cleanup of both contaminated groundwater at the site and
contaminated groundwater in adjacent areas. All appropriate
permit applications and permit amendments will be submitted with
the remediation plan. Plan modifications shall be handled in
accordance with Part VIII. The plan, as a minimum, shall include
a complete, technically detailed description of proposed methods
for:
1.
2.
3. sampling of contaminated groundwater after
the recovery of contaminated groundwater;
the treatment of contaminated groundwater;
treatment;
4. assuring quality assurance/quality control for i
groundwater sampling and laboratory analysis;
5.
6 .
the discharge of the treated groundwater; and
short term and long term ground water monitoring of
the site.
b. The plan shall also identify existing groundwater
monitoring wells, by location, and shall include proposed testing
and reporting requirements for the wells. Once installed, monitoring wells may not be removed or otherwise rendered
inoperable absent the written consent of the DEC authorized
officer .
6
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u 000026 . . . *.I
VIII. DEC PLAN APPROVAL; PERMIT APPROVAL.
a. The procedures herein -- described for approval, modification, and rejection of a remediation or assessment plan -- shall apply to all subsequently proposed or modified plans.
1. By written notice within sixty (60) days of DEC's
receipt of a plan, DEC shall issue a written decision approving,
approving with modifications, or rejecting the plan. Prior to the
written decision DEC may, but is not required to, call for public
comment on the plan and/or hold public hearings on the plan.
Within a reasonable time thereafter in light of the content of the
DEC decision, but in no event more than 60 days thereafter,
respondents shall modify the plan to address DEC's concerns and
submit it for approval as modified. Any modified plan shall also
be the subject of written DEC decision. The determination as to
whether or not a modified plan, as resubmitted, conforms with
DEC's comments will be made solely by DEC; provided, however, that
respondents may seek judicial review under Appellate Rule 601 et
seu. of the DEC decision if DEC seeks to impose conditions beyond
its legal authority. Upon receipt of DEC's written final approval
of a remediation plan, respondents shall begin implementation of
the plan as soon as reasonably practicable but in no event later
than date set out in DEC's decision unless the decision is stayed
by a court order.
2. Once a plan is approved, respondents'
implementation of it will be controlled by the provision2 thereof.
7
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Y > d
000027
3. Once a plan is approved, the terms of the plan
shall constitute a part of this Compliance Order By Consent and
shall be enforceable as a part thereof.
b. Permit applications shall be treated under DEC
permit regulations. DEC shall promptly process all permits
necessary to implement an approved remediation plan.
c. DEC reserves the right to require additional site
assessment.
IX. COMPLETION OF REMEDIATION.
Respondents shall diligently pursue the approved plan(s)
until cleanup levels are attained or in the case of approved
groundwater remediation plan(s) until the Department determines
that groundwater cleanup levels cannot be reasonably obtained with
the best available technology (BAT). If during the course of 3 groundwater cleanup, Respondents determine that groundwater
cleanup levels cannot be attained with BAT, Respondents may submit
to the Department a report outlining the reasons why the BAT
cannot achieve the cleanup levels. The report shall, at a
minimum, address the following areas of concern:
1) An engineering report that assesses why the BAT cannot
achieve the cleanup levels.
2) A risk assessment that addresses the residual levels of
contaminants. The risk assessment must conform to the
requirements as described in Section XI.
3) Whether or not long term monitoring is require$ for the
site and if required, a detailed monitoring plan. !
8
. .. . . . . . . . . . . . . . . .. .-.
4 ) Land use restrictions required for future use at the
affected property(s) due to the residual contamination levels.
The Department shall have 90 days to review the submitted
report and either approve, deny or request modifications and
further information. If the respondents disagree with the
department’s action(s), they shall have the right to request
dispute resolution as outlined in Section X.(a) CLEANUP PROGRESS,
below.
X. CLEANUP PROGRESS.
a. Cleanup operations shall be monitored by DEC to
assure that operations are progressing in a correct and proper
fashion. Any perceived deficiencies shall be immediately brought
to the attention of respondents. If agreement cannot be reached
resolving the alleged deficiencies, then the matter shall be
submitted to a hearing officer. The hearing officer may be an
employee of the State, but may not be employed within DEC or the
Department of Law. The decision of the hearing officer shall be
final; the decision may be appealed to the Superior Court under
Appellate Rule 6 0 2 . Any fees or costs associated with retention
of the hearing officer shall be borne by the State.
b. Reports will be submitted which delineate activities
performed during times of soil and groundwater remediation.
During suspension of cleanup activities reports will not be
required. The last report for a field season must state when
cleanup activities will start again. Respondents shaJl prepare
and submit to DEC the following reports:
9
. . . . . .. . . . . . . .....
. rB w 000029
1. written cleanup progress reports describing the 9 status of groundwater cleanup activities conducted pursuant to an
approved remediation plan at least every ninety (90) days;
2. written cleanup progress reports describing the
status of s o i l cleanup activities conducted pursuant to an
approved remediation plan at least every thirty (30) days. The
report format will be developed by the DEC and the respondents.
Reports, at a minimum, must contain the fOllOWing:
A. a description of cleanup work performed during the
reporting period;
B. an estimate of the percentage of soil cleanup
completed and/or the results of the groundwater remediation
program;
3 . the projected and/or scheduled construction work
for the next reporting period; and
4 . all available laboratory/monitoring data collected
during the reporting period. -
XI. CLEANUP LEVELS.
a. The cleanup of any contaminated soil or water will
be deemed complete at the following levels:
1. for water, at a purity level such that the water
meets or exceeds the applicable primary drinking water standards
for benzene, ethylbenzene, toluene, xylene, nitrate, barium,
cadmium, chromium and lead set out in 18 AAC 80 or in applicable
federal regulatory requirements for Maximum Contaminant Lyels for
drinking water, as may be amended, and no detectable TPH as
10
- __ , - ~ . .. .. I . . . . . . . -. . . . . .~
000030 %
:rl
determined by EPA method 418.1. For substances not listed above,
which are subsequently discovered, cleanup to appropriate MCL's or
background levels will be required unless an alternate cleanup
level is established pursuant to Part XI, b. For other substances
for which no enforceable standards currently exist, and the
parties cannot come to agreement regarding appropriate levels, the
matter shall be submitted to the hearing officer under Part X
above;
2. for soils contaminated with hydrocarbons at a level
such that the following compounds are found in no greater
concentrations than indicated when the soil is tested under EPA
method 8020:
A. benzene, one-tenth (0.1) mg/kg;
B. total benzene, toluene, ethyl benzene and xylenes,
ten (10) mg/kg;
3 . for soils contaminated with hydrocarbons at a level
such that the diesel range petroleum hydrocarbons, when the soil
is tested using SW-846 test method 8100 modified, are in no
greater concentration than one hundred (100) mg/kg or can be
statistically shown, by a statistical method approved in writing
by the ADEC, to have an average concentration of less than one
hundred (100) mg/kg with a confidence interval of ninety-five
percent (95%) ;
4 . for soils contaminated with pollutants other than
hydrocarbons, either removal or cleanup to background levels.
11
, @ . rJ 000031
b. If respondents wish modification of water or soil
contamination concentrations to ,levels which exceed levels
specified in this Part the respondents may prepare additional risk
assessments which set forth the respondents justification for the
proposed elevated clean-up levels. The risk assessment shall
include an exposure assessment, toxicity assessment and risk
characterization. The risk assessment elements are described as
follows:
1. Exposure Assessment - The Exposure Assessment shall identify routes by which receptors may be exposed to contaminants
and shall estimate contaminant levels to which receptors may be
exposed. The Exposure Assessment should:
A. Identify contaminant concentrations found at the
site;
B. Identify background contaminant concentrations
found at the site and in the aquifer;
C. Identify potential exposure routes;
D. Identify potential receptors for each exposure
route; and
E. Estimate or calculate expected contaminant
concentrations to which actual or potential receptors may be
exposed.
2 . Toxicity Assessment - The Toxicity Assessment shall determine human health and environmental criteria based on
information from scientific literature for contaminanp at the
12
, : I , " w
i z 000032
site.
routes identified in the Exposure Assessment which may include:
The criteria shall be developed for applicable exposure
A. Potable water and soil exposure routes for
ingestion, dermal contact, and inhalation of vapors and mists;
B. Non-potable domestic water exposure route for dermal
contact, inhalation of vapors or mists, ingestion of food crops
irrigated with such water, lawn watering, ingestion by pets and
livestock, and other related exposures;
3 . Risk Characterization - The Risk Characterization shall utilize the results of the Exposure Assessment and the
Toxicity Assessment to characterize cumulative risks to the
affected population and the environment for contaminants found at
the site. Based on contamination levels presently found at the
site, a risk characterization shall be performed which considers:
A. Risks to human health and safety from the
contamination;
B. Effects on the -public welfare from exposure to the
contamination; and
C. Environmental risks in areas which are, or will be,
ultimately affected by the contamination.
c. Any risk assessment prepared pursuant to this Part
shall be submitted to DEC at least sixty ( 6 0 ) days prior to the
commencement of soils or groundwater cleanup. DEC shall approve,
approve with modifications, or reject the risk assessment.
Respondents agree to reimburse DEC for all reasonaple costs
incurred if DEC chooses to contract for risk assessment review
13
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. . . . .. . . . .
. . . . . .. . . . . . .
, ..... .
000033
services. Respondents shall contact DEC within thirty (30)
working days from the date of receipt of a preliminary written
decision by DEC either rejecting or modifyingthe risk assessment.
If the DEC and the respondents cannot reach agreement on the
disputed rejection or modification of the risk assessment within
thirty (30) additional working days, DEC shall provide a final
written statement of its decision to the respondents. DEC's final
written decision shall constitute a final agency action for
purposes of judicial review pursuant to Alaska Rule of Appellate
Procedure 602(a)(2). DEC's final decision shall remain in effect
pending resolution of the appeal unless a stay is granted by the
court on appeal. Nothing in this Part precludes DEC from invoking
the provisions of AS 46.03.820.
d. Cleanup of metal contaminants to levels lower than
background will not be required. If the respondents desire to
establish the existing background metal levels, it is the
responsibility of the respondents to perform the sampling and data
analysis necessary to establish a background metals level. DEC
must approve both the method used to establish metals background
levels and the actual background metals level values. If pursued,
establishment of background metal levels will be considered part
of a proposed modified remediation plan subject to the plan
approval process delineated in Part VIII.
XII. TERMINATION AND SATISFACTION.
Respondents shall submit to DEC upon completion of all
terms of this Compliance Order By Consent a written notice which
14
000034 i
i
states that in respondents' opinion, all tasks required hereunder
have been completed. DEC shall either accept or reject
respondents' notice of completion by issuing a written decision to
that effect within 90 days. If DEC rejects respondents' notice of
completion, DEC shall include in its decisional document of
rejection a statement which identifies the task DEC considers
incomplete. The provisions of this Compliance Order By Consent
shall be deemed satisfied upon respondents' receipt of written
decision from DEC that respondents have completed the task(s)
required by this COBC to DEC's satisfaction.
XIII. COSTS and DAMAGES STIPULATED PENALTIES.
a. Costs and Damaues to the State Caused bv the
Pollution. Respondents shall pay to the State, not later than
March 1, 1992, the sum of $ 2 7 5 , 0 0 0 . 0 0 (two hundred seventy-five
thousand dollars and no cents) in complete liquidation of their
financial obligation, if any, to the State under AS 4 6 . The sum
shall be paid by check made payable to the State of Alaska, DEC
Oil and Hazardous Substance Mitigation Account.
b. Future Costs. In order to reimburse DEC for the
costs it will incur in oversight of respondents' compliance with
this Compliance Order By Consent, respondents shall pay to the
State the sum of $35.00 per hour for each hour reasonably spent by
the DEC authorized officer, or designee(s) thereof, in oversight
' of this compliance Order By Consent and shall pay in addition for
all DEC' s incidental costs , including risk assessment rev,iew costs if incurred pursuant to Part XI c. The DEC authorized officer may
15
. . . . . .. . . - . . . . . . . . . ~.
000035
appoint employees of DEC to perform actions reasonably necessary
for the oversight, which employees will be billed at the rate of
$35.00 per hour. DEC‘s authorized officer shall submit an
itemized billing to respondents on the fifteenth (15th) day of the
month during which the oversight work was performed or incidental
costs incurred. Respondents shall have thirty (30) days
thereafter to pay the billing. All billings shall be paid by
check made payable to the State of Alaska, DEC Oil and Hazardous
Substance Mitigation Account. For the purposes of this Subpart,
I’incidental costsv1 include reasonable travel and accommodation
expenses, long-distance telephone charges, photocopying charges,
laboratory sampling and analysis charges, the costs of monitoring
w e l l s , contract services, and other like expenses.
c. ResDondents’ Costs. All costs respondents incur in
carrying out the provisions of this Compliance Order By Consent
and cleaning up the site and any contaminated adjacent areas shall
be borne solely by the respondents. However, nothing in this Part
XI11 precludes respondents from seeking reimbursement for such
costs from each other or from other parties (excluding the State).
XIV. FORCE MAJEURE.
a. If any event occurs which delays or may cause a
delay and effectively preclude compliance with a term of this
Compliance Order By Consent, respondents shall promptly notify DEC
orally and shall, within seven (7) days of oral notification,
notify DEC in writing of the anticipated length and cauqe of the
delay, the measures taken and to be taken by respondents to
16
F t.
w . rJ 000036
prevent or minimize delay, and the timetable by which respondents
intend to implement the measures.
b. If DEC finds that respondents have complied with
the notice requirements of the preceding subpart and respondents
have proved that any delay or anticipated delay has been or will
be caused by unforeseen engineering or design problems, labor
strife, adverse weather conditions, natural disasters, or other
circumstances beyond the reasonable control of respondents, DEC
shall extend the t i m e for performance hereunder for a period no
longer than the delay resulting from such circumstances. The
increased or unexpected costs of performance or change of economic
conditions may not be considered as reasons for delay. Delay in
an interim requirement shall extend the deadlines for the
attainment of subsequent requirements if attainment of the
subsequent requirements is dependent on completion of the interim
requirements. Respondents' submission of a request for an
extension of time will not toll any time unless the DEC authorized
officer provides a written extension of time as provided by this
Part. No extension of time of any provision of the Compliance
Order By Consent shall be valid unless approved in writing by the
DEC authorized officer.
XV. JURISDICTION AND VENUE.
If DEC or the respondents elect to enforce any provision
of this Compliance Order By Consent in court, jurisdiction and
venue will be proper if the action is brought in the ,Superior
17
- . .
court for the State of Alaska, Third Judicial District, either in
Anchorage or in Kenai, Alaska.
XVI. ACCESS TO SITE: ACCESS TO RECORDS.
a. Respondents shall allow DECunrestricted reasonable
access to the site for oversight of activities taken pursuant to
this Compliance Order By Consent. DEC shall have the right to
conduct tests, take samples, take photographs, make sound
recordings, and conduct other activities it considers necessary to
monitor compliance.
b. Respondents shall make available to DEC for
inspection and copying upon DEC's request, all documents, records,
photographs, data and other writings related to any activities
taken pursuant to this Compliance Order By Consent, except
Privileged documents including but not limited to attorney/client
communications, and attorney work product documents which would be
protected from disclosure in litigation.
XVII. RECORDS PRESERVATION.
Respondents shall preserve during the pendency of this
Compliance Order By Consent and for a minimum of six (6) years
after termination pursuant to Part X I 1 above, all non-privileged
documents in Respondents' possession which relate in any way to
this Compliance Order By Consent or the activities undertaken
pursuant to it.
XVIII- SAMPLES-
At the request of DEC, Respondents shall all?w DEC to
obtain split or duplicate samples of any samples collected by
18
. , . . .. .
u 000038
respondents in connection with efforts undertaken pursuant to this
Compliance Order By Consent.
XIX. OTHER OBLIGATIONS.
This Compliance Order By Consent does not relieve
respondents from the duty to comply with the requirements
contained in any federal or state permit or in applicable state
and federal pollution control statutes or regulations, but
compliance with this Compliance Order By Consent shall, with
respect to the Poppy Lane gravel pit, be deemed to remedy fully
any alleged violations of the statutes set out in Part IV, b of
this Compliance Order By Consent, and any other Alaska statutes
and all regulations and orders implemented thereunder or related
thereto.
XX. RESERVATION OF RIGHTS.
DEC expressly reserves the right to initiate
administrative or judicial proceedings related to any alleged
violation not covered by this Compliance Order By Consent, except
as provided in Part XXI below. In addition, DEC reserves the
right to initiate administrative or judicial proceedings relating
to alleged violations described in this Compliance Order By
Consent if respondents breach this Compliance Order By consent, or
if, in DEC's opinion, subsequently discovered events or conditions
constitute an immediate threat to public health, public safety, or
to the environment, or if actions of the respondents precluded DEC
from discovering the event or condition prior to enteFing into
this Compliance Order By Consent. DEC and respondents reserve the
19
. .. . . .. . . -. __. __._. ~ . -. . .-. .-. - - .. -. ~. . .. .
. . .
e . ,J
right to initiate further administrative or judicial proceedings
t o enforce any term of this Compliance Order By Consent if the
parties do not comply with the provisions set forth herein.
XXI. COVENANT NOT TO SUE.
Provided respondents comply with the terms of this
Compliance Order By Consent to the satisfaction of DEC, and
subject to the conditions in Part XX above, DEC shall not
institute any action against respondents, whether civil, criminal,
administrative, penalty, or costs recovery, for the alleged
violations described in Part IV that concern pollution of the site
or any contaminated adjacent areas.
XXII. DEC ORDER.
This Compliance Order By Consent constitutes an order of
DEC for the purposes of AS 46.03.760, AS 46.03.765, AS 46.03.790, j A s 46.03.850, and for all other authorized purposes.
XXIII. PROPERTY TRANSFER.
If respondents transfer, sell, or lease the site to
another party after the date hereof and prior to termination under
Part XI1 above, respondents shall incorporate a copy of this
Compliance Order By Consent into the documents of transfer or
lease, and shall provide in those documents that the new owner(s)
or lessee(s) shall take or lease subject to the provisions of this
Compliance Order By Consent. Notwithstanding the foregoing, the
transfer or lease of any interest in the site by any of the
respondents shall not release any of them from liability under
2 0
this Compliance Order By Consent absent the written approval of
the release by the DEC authorized officer.
XXIV. PARTIES BOUND/EXTENT OF LIABILITY.
This Compliance Order By Consent shall apply and be
binding upon DEC and the State and upon respondents, their agents,
successors, and assigns and upon all persons, contractors, and
consultants acting on behalf of DEC or respondents.
XXV. MODIFICATIONS.
No modification of this Compliance Order By Consent is
valid unless it has been approved in writing by the DEC authorized
officer and respondents.
XXVI. INDEMNIFICATION AND HOLD HARMLESB.
Respondents shall defend, at their sole expense, and
hold harmless the State and its representatives, agents and
employees and shall indemnify the State against all liability,
losses, and damages including any awards of costs and attorneys'
fees, by reasons of claims for injury to or death of persons and
loss or damage to property arising out of or in any manner
connected with corrective actions taken in conjunction with this
Compliance Order By Consent, whether such claims are rightfully or
wrongfully brought or filed; provided, however, that respondents
shall have no obligation to defend or to indemnify or to hold
harmless the State, its representatives, agents or employees from
any claims arising out of or in any manner connected with the
incidents which gave rise to this Compliance Order By Consent or
any corrective actions taken pursuant to it or otherwise for that
21
. . _ _ . ....--.- _._ . . . . _-
000042
portion of the damages or injury for which the State is
comparatively at fault if the State's independent negligence
causes such damage or injury. The term "independent negligenceov
is negligence other than in the State's negotiation,
determination, or specification of respondents' responsibilities
under this Compliance Order By Consent, or the State's assessment,
approval, acceptance, denial, or rejection of respondents'
performance under this Compliance Order By Consent. For the
purposes of this Part, tmliability, losses, and damages" and
"claims for injury to or death of persons and loss or damage to
property" include such of the foregoing as may arise to present or
future owners of the site or of any contaminated adjacent areas or
to other members of the public resulting from incidents which gave
rise to this Compliance Order By Consent, or from any corrective
actions taken pursuant to this Compliance Order By Consent or
otherwise.
XXVII. EFFECTIVE DATE.
The effective date of this Compliance Order By Consent
is the date signed by the DEC authorized officer after it has been
signed by a l l respondents.
XXVIII. PRIOR DRAFTS.
Prior drafts of this Compliance Order By Consent may not
be used in any litigation involving the interpretation of this
document.
XXIX. SEVERABILITY.
22
000042 * . .,i
Should any part of this Compliance Order By Consent be
declared by a court of law to be invalid and unenforceable, the
other terms shall remain in full force and effect.
XXX. AGENTS FOR SERVICE/APPROVALS.
a. The DEC authorized officer is the Southcentral
Regional Administrator, or such person as he may from time-to-time
designate in writing. When a DEC approval is needed under this
COBC, it must come from the DEC authorized officer. All notices,
reports, etc., shall be directed by respondents’ to DEC’s
authorized officer.
b. Within thirty (30) days of execution of this Order,
respondents shall designate in writing a person to serve as agent
for all of them for the purposes of receipt from DEC of written
decisions, billings, and other notices. This designee may be
changed from time to time as respondents may elect but only by
written notice to DEC’s authorized officer.
XXXI. DEFINITIONS.
a. The following definitions shall apply in this
Compliance Order By Consent:
1. ttContaminated adjacent areal’ includes all publicly
and privately owned land and waters polluted by pollution
migrating off the site. It includes, but may not be limited to,
groundwater underneath the Hardy property to the northwest of the
site.
2. tlPollutioni* is as defined in AS 46.03.90*0(19).
23
.&q i?/A%skS4 - , hereby certify that I am the %D-&=*brJ mmm& , of MARATHON OIL COMPANY, and that have the authority to enter into agreements on behalf of RATHON OIL COMPANY, and to otherwise legally bind MARATHON OIL MPANY. I hereby acknowledge that I have read the provisions of is Compliance Order By Consent, that I understand its ovisions, and that I have freely and voluntarily entered into is compliance Order By Consent with the State of Alaska on half of MARATHON OIL COMPANY.
k 4 - a - MARATHON OIL COMPANY
TED :
SWORN AND SUBSCRIBED TO before me thisg,i,iday of / 4 5 a
Norary Public for Alaska, /
W Y My‘commissionexpires:
* * * * * 7 / i Ab , hereby certify that I am the r&l#”P &p &/,/&f , of UNION OIL COMPANY OF
A that I have the authority to enter into agreements on behalf UNION OIL COMPANY OF CALIFORNIA, and otherwise legally bind
ION OIL COMPANY OF CALIFORNIA. I hereby acknowledge that I have ad the provisions of this Compliance Order By Consent, that I Aerstand its provisions and that I have freely and voluntarily tered into this Compliance Order By Consent with the State of aska on behalf of UNION OIL COMPANY OF CALIFORNIA.
L~FORNIA, PBA U N U ~ L
SWORN AND SUBSCRIBED TO before me thisat& day of - , 1991.
%-ary 8 % for Alaska MY commission expires: 3-13-45
c
ALASKA DEPARTMENT OF
2 4
I , . - . .
ENVIRONMENTAL CONSERVATION
By : -Svend Brancit-Erichsen Southcentral Regional Office Regional Administrator
25