administrative order by consent (aoc) for removal … · 2020. 12. 22. · administrative order by...

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bullbullramprES ENVIRONMENTAL PROTECTION AGENCYREGION I

ANDMAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION

In The Matter Of

SACO MUNICIPAL LANDFILL SUPERFUND SITESaco Maine

ROBUS LEATHER CORPORATION FKA GEORGENEWMAN COMPANY SUCCESSOR BY MERGER TOBIDDEFORD INDUSTRIES INC CL HAUTHAWAYamp SONS CORP CHAMPION INTERNATIONALCORPORATION CITY OF SACO BEMIS COMPANYINC GABRIEL ELECTRONICS INCORPORATEDLITTON INDUSTRIES INC LYN-FLEXINDUSTRIES AN UNINCORPORATED DIVISION OFDER-TEX CORPORATION MILLIPORE CORPORATIONNIKE INC ZENECA INC AND SACO DEFENSEINC

US EPA REGION ICERCLA Docket NoCERCLA-I-97-1009

Respondents ))

Proceedings Under Sections 104(a) 106(a) )and 122(a) of the Comprehensive Environmental)Response Compensation and Liability Act )as amended (CERCLA) 42 USC sectsect 9604(a) )9606(a) and 9622 (a) and the Maine )Uncontrolled Hazardous Substance Sites law )38 MRSA sect 1361 et seq )

))

ADMINISTRATIVE ORDER BY CONSENT

FOR REMOVAL ACTION

o

Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page i

TABLE OF CONTENTS

I JURISDICTION 1

II PARTIES BOUND 2

III DEFINITIONS 4

IV EPAS AND MAINE PEPS FINDINGS OF FACT 11

V EPAS AND MAINE PEPS DETERMINATIONS 22

VI ORDpoundR 25

VII REMOVAL WORK TO BE PERFORMED COMPLETION OF WORK 25

VIII COORDINATION AND COOPERATION WITH OTHER RESPONSE ACTIONS 28

IX ENGAGEMENT OF THE CITYS CONSULTANT AND CONTRACTOR AND PROJECT COORDINATOR 29

X DESIGNATION OF GOVERNMENT COORDINATORS 32

XI PLACE AND MANNER OF NOTICE 33

XII OBSERVATION OF THE CITYS ACTIVITIES 34

XIII NECESSITY OF FORMAL APPROVAL 35

XIV DELIVERABLES SUBMITTED TO EPA AND THE MAINE PEP 36

XV MONTHLY PROGRESS REPORTS AND MEETINGS 42

XVI QUALITY ASSURANCEQUALITY CONTROL HEALTH AND SAFETY COMPLIANCE 43

XVII SPLIT SAMPLING 44

XVIII RECORD PRESERVATION 45

Administrative Order By Concent for Removal Action Saco Municipal Landfill Superfund Site Page ii

XIX CONFIDENTIALITY CLAIMS 47

XX SITE ACCESS 48

XXI ENDANGERMENT AND EMERGENCY RESPONSE 50

XXII ADDITIONAL RESPONSE ACTIONS 52

XXIII OFF-SITE POLICY 53

XXIV OTHER APPLICABLE LAWS 55

XXV COMMUNITY RELATIONS 56

XXVI FINANCIAL ASSURANCE INSURANCE 56

XXVII REIMBURSEMENT OF EPA EXTRAORDINARY RESPONSE COSTS 58

XXVIII FORCE MAJEURE 62

XXIX DISPUTE RESOLUTION 65

XXX STIPULATED PENALTIES 67

XXXI PAYMENT BY NON-PERFORMING PARTIES 72

XXXII CIVIL PENALTIES FOR NONCOMPLIANCEENFORCEMENT 73

XXXIII COVENANT NOT TO SUE DENIAL OF LIABILITY 73

XXXIV CONTRIBUTION PROTECTION 78

XXXV EPAS AND THE STATES RESERVATION OF RIGHTS 78

XXXVI RESPONDENTS COVENANT NOT TO SUE 82

XXXVII RESPONDENTS RESERVATION OF RIGHTS 83

XXXVIII OTHER CLAIMS 85

XXXIX INDEMNIFICATION 86

Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page iii

XXXX WAIVER OF SETTLEMENT CONFERENCE 87

XXXXI MODIFICATION OF ORDER 87

XXXXII SEPARATE DOCUMENTS 88

XXXXIII EFFECTIVE DATE 88

XXXXIV TERMINATION 88

Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site

I JURISDICTION

1 This Administrative Order by Consent for Removal Action is

entered into voluntarily by and between the United States

Environmental Protection Agency (EPA) the State of Maine and

all of the Respondents listed in the caption above (hereinafter

the Respondents) This Order concerns the performance of the

Removal Action in connection with the Superfund Site known as the

Saco Municipal Landfill Site (the Site) in Saco York County

Maine This Order is issued pursuant to the authority vested in

the President of the United States by Sections 104(a) 106(a) and

122(a) of the Comprehensive Environmental Response Compensation

and Liability Act as amended (CERCLA) 42 USC sectsect 9604(a)

9606(a) and 9622(a) These authorities were delegated to the

Administrator of EPA on January 23 1987 by Executive Order

12580 52 Fed Reg 2926 (January 29 1987) and further

delegated to the EPA Region I Regional Administrator on

September 13 1987 by EPA delegation Nos 14-14-A and 14-14-C

and further delegated to the Director of the Office of Site

Remediation and Restoration Director This Administrative Order

by Consent is also issued pursuant to the authority vested in the

Commissioner of the Maine DEP by the Maine Uncontrolled Hazardous

Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sita Page 2

Substance Sites Law 38 MRSA sect 1365(1) amp (2) (1989 amp Suf j

1997) The Respondents agree not to contest the authority or

jurisdiction of the EPA Regional Administrator the State of

Maine or their delegatees to issue this Order in any subsequent

proceeding to enforce the terms of this Order

2 EPA notified the Federal Natural Resource Trustees of

this action on September 23 1996 pursuant to Section 122(j) of

CERCLA 42 USC sect 9622(j)

II PARTIES BOUND

3 This Order shall apply to and be binding upon EPA the

State of Maine and the Respondents their successors and

assigns and upon all persons contractors and consultants whom

the Respondents have authorized to act on their behalf to perform

Work pursuant to this Order No change or changes in the

ownership or corporate or legal status of any of the Respondents

including but not limited to any transfer of assets or real or

personal property shall in any way alter the Respondents

responsibilities under this Order Each Respondent shall provide

a copy of this Order to any subsequent owners or successors (or

purchasers of all or substantially all assets) before ownership

rights are transferred The signatories to this Order certify

Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 3

that they are authorized to execute and legally bind the parties

they represent

4 Any Respondent that owns any portion of the Site shall

at least 30 days prior to the conveyance of any interest in real

property at the Site give written notice that the property is

subject to this Order to the transferee and written notice to EPA

and the State of the proposed conveyance including the name and

address of the transferee

5 The City of Saco (hereafter the City) shall provide a

copy of this Order to all contractors subcontractors

laboratories and consultants retained to conduct any portion of

the Work performed pursuant to this Order within fourteen (14)

days after the effective date of this Order or after the date of

such retention whichever is later Notwithstanding the terms of

any contract the City is responsible for compliance with all

requirements of this Order (except for Paragraph 96 and

obligations arising therefrom) and for ensuring that all persons

contractors sub-contractors agents and consultants whom the

City has authorized to act on its behalf comply with this Order

In the event of conflict between this Administrative Order by

Consent and any document attached to incorporated into or


enforceable hereunder the provisions of this Administrative

Order by Consent shall control Any reference herein to the

Work shall mean all activities conducted pursuant to this Order

including but not limited to the Removal Action and all

response actions to be undertaken pursuant to the Action

Memorandum for a Non-Time-Critical Removal Action at the Site

except those activities required by Section XVIII (Record

Preservation) and Paragraph 96 (Payment by Non-Performing

Respondents)

III DEFINITIONS

6 Unless otherwise expressly provided herein terms used

in this Order which are defined in CERCLA or in regulations

promulgated under CERCLA shall have the meaning assigned to them

in CERCLA or in such regulations Whenever terms listed below

are used in this Order or in the appendices attached hereto and

incorporated hereunder the following definitions shall apply

a Action Memorandum shall mean the EPA Action

Memorandum relating to the Saco Municipal Landfill Site

signed on September 23 1996 by the Director of the Office

of Site Remediation and Restoration (OSRR) EPA Region I

as amended and all attachments thereto


b Cost Recovery Administrative Agreement shall mea the

Cost Recovery Administrative Agreement Docket No CERCLA shy

1-97-1010 entered by the Respondents and EPA

c Day shall mean a calendar day unless expressly stated

to be a working day or unless the reference is to a period

of ten (10) days or less in which case intervening weekend

days and legal federal holidays shall not be counted in

determining dates In all other instances of computing any

period of time under this Order where the last day would

fall on a Saturday Sunday or Federal holiday the period

shall run until the close of business of the next working

day Working day shall mean a day other than a Saturday

Sunday or federal holiday

d Deliverable shall mean any contract deliverable

plan report notice specification schedule or other item

or document required to be submitted by the City pursuant to

the Order or Statement of Work

e EPA Approval or EPA Review and Approval shall mean

the procedures specified in Section XIVA of this Order

Administrative Order By Consent for Removal Action Saco Municipal Landfill Super-fund Site Page 6

f Extraordinary Response Costs shall mean any costo EPA

or the Maine DEP incur pursuant to Paragraphs 52d 65 69

102 and 104

g Landfill shall mean the Saco Municipal Landfill

which is owned by the City and comprised of four waste

disposal areas (identified as Areas 1 2 3 and 4 in

Appendix A) situated on the 90 acre Landfill Parcel located

on Foss Road in Saco York County Maine owned by the City

h Landfill Parcel shall mean the 90 acre parcel of land

owned by the City on Foss Road in Saco York County Maine

upon which the Landfill is situated

i National Contingency Plan or NCP shall mean the

National Oil and Hazardous Substances Pollution Contingency

Plan promulgated pursuant to Section 105 of CERCLA 42

USC sect 9605 codified at 40 CFR Part 300 and any

amendments thereto

j NTCRA shall mean the Non-Time-Critical Removal Action

undertaken pursuant to this Order

k Order shall mean this Administrative Order by

Consent the Statement of Work (SOW) and any other

appendices or attachments thereto including any future


modifications as provided by the terms of this

Administrative Order by Consent as may be added hereafter

including (upon EPA Approval or the Citys Certification)

any Deliverables required by this Order such Deliverables

shall be incorporated into and enforceable under this Order

upon EPA Approval or the Citys Certification

1 Oversight Costs shall mean all costs including but

not limited to direct and indirect costs not inconsistent

with the NCP that EPA the Department of Justice or the

State of Maine incur after the effective date of this Order

in overseeing this Order and the Cost Recovery

Administrative Agreement including costs incurred for

negotiating amendments to these instruments- costs incurred

for reviewing or developing plans reports and other items

in connection with this Order costs incurred for overseeing

actions undertaken by the City at the Site pursuant to this

Order including but not limited to payroll costs

contractor costs travel costs and laboratory costs- any

payments tc the State through a cooperative agreement lt~osts

incurred by EPA under or in connection with a contract or

arrangement between EPA and a qualified person to assist EPA


in overseeing and reviewing the conduct of activities

required under this Order costs of contractors hired by EPA

and other federal agencies to assist in the evaluation of

Respondents Work under this Order costs related to

community relationsinvolvement and any Interest accruing

from the date payment for such costs is due Extraordinary

Response Costs shall be excluded from the definition of

Oversight Costs

m Paragraph shall mean a portion of this Order

identified by an Arabic numeral or an upper case letter

n Parties shall mean EPA the State of Maine and the

Respondents

o Past Response Costs shall mean all costs including

but not limited to direct and indirect costs that EPA the

US Department of Justice or the State of Maine incurred

at the Site or in connection with the Site through the

effective date of this Order plus accrued Interest on all

such costs through such date

p Post-Removal Site Control shall mean those activities

necessary to maintain the effectiveness and integrity of the

NTCRA


q Prior MEDEP Orders and Consent Decrees shall meai The

1970 Consent Agreement and Order issued by the MEDEP to the

City the 1981 Administrative Consent Agreement and

Enforcement Order issued by MEDEP to the City the 1984

Consent Decree entered by the MEDEP and the City the 1986

First Amendment to the 1984 Consent Decree the 1987 Consent

Decree between the MEDEP and the City and all other

administrative orders and consent decrees related to the

Site issued by the MEDEP to the City prior to the effective

date of this Order

r Removal Action shall mean all activities that the

Respondents are required to perform under this Order

including but not limited to all response actions to be

undertaken pursuant to the Action Memorandum for a Non-Time

Critical Removal Action at the Site dated September 23

1996 except those activities required by Section XVIII

(Record Preservation) and Paragraph 96 (Payment by Non-

Performing Respondents)

s Response Costs shall mean all costs including but

not limited to direct and indirect costs plus Interest on


all such costs that EPA the US Department of Justice or

the State of Maine incur in connection this Order

t Performing Respondent shall mean the City of Saco

Maine

u Performing Respondents Certification shall mean the

procedures specified in Section XIVB of this Order

v Non-Performing Respondents shall mean those parties

identified in Paragraph 12

w RIFS Order shall mean the Administrative Order by

Consent for Remedial InvestigationFeasibility Study EPA

Region I CERCLA Docket No I-CERCLA-95-1069

x RIFS Response Costs shall mean those costs

including but not limited to direct and indirect costs that

EPA the US Department of Justice or the State of Maine

incurred or will incur in connection with the RIFS Order

plus accrued Interest on all such costs

y RFC shall mean the Citys Project Coordinator

z RPM shall mean EPAs Remedial Project Manager

aa Section shall mean a portion of this Order identified

by a Roman numeral


bb Site shall mean the Saco Municipal Landfill Supe fund

Site encompassing the Landfill the Landfill Parcel and

all other areas where hazardous substances migrating from

the Landfill have come to be located and all areas in

proximity to the hazardous substances necessary for

implementation of the response action

cc State shall mean the State of Maine including MEDEP

dd Statement of Work or SOW shall mean the statement

of work for the design and implementation of the Removal

Action as set forth in Appendix B to this Order any

modifications made in accordance with this Order and any

attachments to the SOW

ee MEDEP or Maine DEP shall mean the State of Maine

Department of Environmental Protection and any predecessor

or successor departments or agencies of the State

IV EPAS AND MAINE PEPS FINDINGS OF FACT

Site Description and History

7 The Site is in a rural residential area Wooded areas

surround the Site in all directions with the exception of an

open sand and gravel quarry to the southeast private residences

are located to the north and east The closest residence is


approximately 1000 feet northeast of the entrance to the

landfill In 1975 a waterline extension for the Biddeford and

Saco Water Company was installed along Buxton Road which is to

the east of the Site north to the Louden Road that services

many of the private residences in the area

8 The City of Saco operated the Landfill from 1963 until

approximately 1988 Solid wastes commercial wastes and

industrial wastes were disposed of at the Landfill In 1987 the

City of Saco began operating and continues to operate a

transfer station and compost area near the northern perimeter of

the Landfill Parcel and to the west of Foss Road The transfer

station receives and temporarily stores demolition debris wood

waste and white goods prior to off-site disposal The Landfill

is comprised of four distinct waste deposition areas (Areas 1 2

3 and 4) A brook known as Sandy Brook flows northwest to

southeast through the Landfill Parcel with Landfill Areas 1 and

2 to the east and Areas 3 and 4 to the west of Sandy Brook

9 Following reports of ground water and surface water

contamination from leachate from the Landfill the Maine DEP

began investigating the Site in 1974 A 1974 report by a

consultant for the City of Saco identified leachate originating


from Area 1 at the Landfill as a source of contamination and a

1975-1976 report recommended capping Area 1 to prevent continued

leachate generation Further studies by other consultants as

well as by the Maine DEP and EPA identified volatile organic

compounds metals and semi-volatile compounds including but not

limited to acetone bis (2-ethylhexyl) phthalate chromium 11shy

dichloroethane iron lead manganese methyl ethyl ketone and

toluene in the leachate ground water andor surface water at

the Site at the time of the additional studies

10a In February 1976 the Maine DEP issued a Consent

Agreement and Order (Consent Order) to the City of Saco to

abate leachate migration from the Landfill Pursuant to the

Consent Order the City of Saco regraded Area 1 and covered it

with a clay cap in the fall of 1976 In September 1981 the

Maine DEP issued-an Administrative Consent Agreement and

Enforcement Order to the City of Saco requiring submittal of a

closure plan for the entire Landfill The City of Saco submitted

a closure plan to the Maine DEP in March and November 1984

Following Maine DEP approval of the submitted plan the Maine DEP

and the City of Saco entered into a Consent Decree effective

December 31 1984 under which the City of Saco agreed to perform

Administrative Order By Conaent for Removal Action Saco Municipal Landfill Super-fund Site Page 14

the closure plan for the Landfill Pursuant to the approved

closure plan the City of Saco installed a leachate recirculation

system in Area 2 and covered this area of the Landfill with a

clay cap In addition in a separate action from 1985 to 1991

the City of Saco allowed the temporary storage of solid waste

from Nike Inc in Area 3 which was later sent off-site for

incineration Area 4 of the Landfill has been graded and is

covered with a thin layer of soil

b A number of monitoring efforts at the Site have

been undertaken by the City of Saco and others In 1980 34

private wells located near the Site were sampled In 1984 the

City of Saco contracted with Dubois amp King which installed 24

additional monitoring wells conducted sampling of groundwater

surface water off-site residential wells and ponds and

initiated quarterly sampling In 1987-1988 the City of Saco

contracted with Balsam Environmental Consultants to conduct

sampling of groundwater surface water and leachate in

preparation for Landfill closure activities In 1989 Balsam

evaluated the existing monitoring well network and submitted a

Remedial Investigation Plan


c From September 1992-April 1994 Halliburton NUS

Corporation provided technical assistance to EPA conducted a

Limited Field Investigation under EPA oversight and prepared a

Final Site Summary Report regarding the Site In 1993-1994 the

US Geological Survey under an Interagency Agreement with the

EPA conducted a detailed geologichydrogeologic review of the

Site and installed monitoring wells performed numerous

geophysical analyses and monitored and sampled surface water

B Performing Respondent

11 The City of Saco is a municipality which currently owns

the Landfill Parcel and the Landfill and owned the landfill

Parcel and the Landfill during the time of disposal of hazardous

substances at the Landfill The City also operated the Landfill

during the time of disposal of hazardous substances at the

Landfill either directly or through a contractor The City of

Saco typically provided trash removal services for residential

and non-industrial commercial entities Industrial entities

handled their own waste hauling to the Landfill

C Non-Performing Respondents

12 The following parties are Non-Performing Respondents

Robus Leather Corporation fka George Newman amp Company


successor by merger to Biddeford Industries Inc a corporation

under the law of the State of Ohio CL Hauthaway amp Sons Corp

a corporation under the law of the Commonwealth of Massachusettsshy

Gabriel Electronics Incorporated a corporation under the law of

the State of Maine Litton Industries Inc a corporation under

the law c_ the State of Delaware- Lyn-Flex Industries an

unincorporated division of Der-Tex Corporation a corporation

under the law of the Commonwealth of Massachusetts Millipore

Corporation a corporation under the law of the Commonwealth of

Massachusetts Nike Inc a corporation under the law of the

State of Oregon ZENECA Inc a corporation under the law of the

State of Delaware Saco Defense Inc a corporation under the law

of the State of Delaware Bemis Company Inc a corporation

under the law of the State of Missouri and Champion

International Corporation a corporation under the law of the

State of New York EPA and Maine DEP allege that each Non-

Performing Respondent arranged by contract agreement or

otherwise for the disposal or treatment of hazardous substances

at the Landfill andor accepted or

had a corporate relationship with a person that accepted

hazardous substances for transport to the Landfill


C Environmental Status of Site

13 Beginning in the mid-1970s individuals residing near

the Site reported water quality concerns regarding their drinking

water wells To address these concerns the municipal water

supply was extended along Buxton Road (Route 112) in 1975

14 Based upon the hazardous substance releases detected

during EPA MEDEP and City of Saco investigations at the Site

and other information available to EPA regarding disposal of

hazardous substances by industrial generators at the Landfill

and pursuant to Section 105(a)(8)(B) of CERCLA 42 USC

sect 9605(a)(8)(B) the Site was proposed for inclusion on the

National Priorities List (NPL) published by the Administrator

of EPA in the Federal Register on June 24 1988 (NPL Update 7

53 Fed Reg 23988-98) The Site was listed for final inclusion

on the NPL on February 21 1990 (NPL Final Rule Update 7 55

Fed Reg 6154)

15 EPA MEDEP and the City of Saco have entered into the

Administrative Order by Consent for Remedial Investigation

Feasibility Study US EPA Region I CERCLA Docket No I-CERCLAshy

95-1069 (RIFS Order) in order to fully investigate the release

or threat of release of hazardous substances at the Site The


RIFS Order became effective on October 2 1995 The Remedial

Investigation and Feasibility (RIFS) Study is still in

progress

16 The RIFS and earlier investigations have revealed that

the landfill waste material is the source of hazardous substances

migrating to the underlying soils groundwater sediments and

surface water Hazardous substances were detected in groundwater

monitoring wells adjacent to and downgradient of the Site

indicating that hazardous substances have migrated from the Site

into the overburden groundwater which discharges to Sandy Brook

Groundwater data indicates that hazardous substances including

but not limited to arsenic manganese vinyl chloride benzene

and bis(2-ethylhexyl)phthalate are present at concentrations

above the maximum contaminant levels established under the

federal Safe Drinking Water Act and the Maine Maximum Exposure

Guidelines In addition hazardous substances from the Site have

accumulated in the sediments of leachate seeps adjacent to Sandy

Brook The level of arsenic in one leachate seep adjacent to

Sandy Brook is over 200 times the National Oceanic and

Atmospheric Effects Range-Low concentrations for sediments (NOAA

ER-L)


17 On June 6 1996 EPA issued an Engineering

EvaluationCost Analysis (EECA) Approval Memorandum for the

Site In this memorandum EPA concludes that a CERCLA Non-Time-

Critical Removal Action is necessary and appropriate to control

the source of hazardous substance releases at the Site and

authorizes the undertaking of an EECA study to evaluate various

response options On July 26 1996 EPA approved the EECA

Report prepared by the City of Saco pursuant to the RIFS Order

18 On September 23 1996 the Director of OSRR EPA Region

I signed an Action Memorandum for a Non-Time-Critical Removal

Action at the Site In order to control and contain the release

of hazardous substances from Areas 3 and 4 of the Saco Municipal

Landfill Site the Action Memorandum calls for excavation of

groundwater seep sediments with arsenic concentrations above 19

mgkg the construction of a multi-layer landfill cap

institutional controls long-term monitoring and Post-Removal

Site Control (operation and maintenance) of the cap and

monitoring wells

D Endangerment and Response

19 The primary route by which human populations could be

exposed to hazardous substances migrating from the Site is

Administrative Order By Concent for Removal Action Saeo Municipal Landfill Superfund Site Page 20

ingestion of groundwater in the vicinity of Areas 3 and 4 At

present no residents living near the Site are known to be

consuming impacted groundwater However the potential exists

for new residences to be located (with associated drinking water

wells) near the Site

20 Due to ongoing weather conditions water infiltrates

the landfill waste material and underlying soils causing the

leaching of hazardous substances to the groundwater and the

migration of such substances through the groundwater An

exposure pathway potentially exists therefore through the

ingestion of water from a drinking water well installed in the

groundwater impacted by the hazardous substances

21 A risk evaluation performed for the EECA Approval Memo

concludes that there is an unacceptable cancer and non-cancer

risk from exposure to substances in the groundwater including

those hazardous substances listed in Paragraph 9 above The

cumulative excess cancer risk resulting from ingestion of

groundwater by a future user is estimated as 1 x 10~2 for the

reasonable maximum exposed individual and 91 x 104 for the

average exposed individual These levels exceed the highest

acceptable level of risk (1 x 10) established by EPA under the

Administrative Order By Convent for Removal Action Saoo Municipal Landfill Superfund Site Page 21

National Contingency Plan The hazard index which is an

expression of the potential noncarcinogenic effects (eg liver

damage) of the hazardous substances is estimated as 64 for the

reasonable maximum exposed individual and 22 for the average

exposed individual A hazard index significantly greater than

one is considered to pose an unacceptable risk

22 The EECA Approval Memo risk evaluation also identified

an unacceptable risk from human exposure to the maximum

concentrations of arsenic in the groundwater seeps and an

unacceptable non-cancer risk from human exposure to chromium in

the soils adjacent to Area 3

23 An ecological risk was also identified by the EECA

Approval Memo risk evaluation Iron concentrations in Sandy

Brook were up to 18 times the ambient water quality criteria and

arsenic concentrations in Sandy Brook sediments and the

groundwater seep sediments were 138 times the NOAA ER-L

24 The Removal Action specified in the Action Memorandum

signed by the Director of OSRR EPA Region I on September 23

1996 and as detailed in the Order and SOW is designed to

control the actual or threatened release of hazardous substances

into the groundwater air surface water and sediments and


thereby prevent minimize andor mitigate the imminent and

substantial endangerment to the public health or welfare or the

environment posed by the actual or potential releases of

hazardous substances from the Landfill

V EPAS AND MAINE PEPS DETERMINATIONS

Based on the Findings of Fact set forth above and the

administrative record supporting the Removal Action EPA and the

Maine DEP have determined that

25 The Saco Municipal Landfill Superfund Site is a

facility as defined by Section 101(9) of CERCLA 42 USC

sect 9601(9) and an uncontrolled hazardous substance site within

the meaning of the Maine Uncontrolled Sites Law 38 MRSA

sect 1362(3) (1989 amp Supp 1997)

26 The hazardous substances found at the Site as

identified in the Findings of Fact above include hazardous

substance(s) as defined by Section 101(14) of CERCLA 42 USC

sect 9601(14) and the Maine Uncontrolled Sites Law 38 MRSA

sect 1362(1) (1989 amp Supp 1997)

27 Each Respondent is a person as defined by Section

101(21) of CERCLA 42 USC sect 9601(21)

Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sit Page 23

28 Each Respondent is a liable party within the meaning of

Section 107(a) of CERCLA 42 USC sect 9607(a) and a responsible

party within the meaning of the Maine Uncontrolled Hazardous

Substances Sites Law 38 MRSA sect 1362(2) (1989 amp Supp 1997)

29 The conditions described in the Findings of Fact above

constitute an actual or threatened release of a hazardous

substance from the facility into the environment as defined by

Section 101(8) and (22) of CERCLA 42 USC sect 9601(8) and (22)

30 The conditions present at the Site may constitute a

threat to public health welfare andor the environment based

upon the factors set forth in Section 300415(b)(2) of the

National Contingency Plan 40 CFR sect 300415(b)(2)

31 The actual or threatened release of hazardous

substances from the Site may present an imminent and substantial

endangerment to the public health welfare or the environment

within the meaning of Section 106(a) of CERCLA 42 USC

sect 9606(a) and may constitute threats or hazards posed or

potentially posed by an uncontrolled site within the meaning of

the Maine Uncontrolled Sites Law 38 MRSA sect 1364 (1989 amp

Supp 1997)


32 In order to protect the public health and welfare and

the environment and prevent the further release or threat of

release of hazardous substances in at or from the Site a

Removal Action is necessary and appropriate The Removal Action

will consist of implementation of this Order and SOW The SOW is

designed to prevent minimize andor mitigate damage to the

public health or welfare or the environment which may otherwise

result from the release or threat of release of hazardous

substances and was developed in accordance with the criteria set

forth at Section 300415 of the NCP 40 CFR sect 300415 The

Removal Action is not inconsistent with the NCP and CERCLA

33 Despite the Non-Performing Respondents agreement to

make payments to be used for performance of the Work and the

Performing Respondents agreement to perform Work under this

Order Respondents do not admit any of the factual or legal

determinations made by EPA and Maine DEP Respondents agreement

to this Order shall not be construed to be an acknowledgment that

the release or threatened release constitutes an imminent and


environment Except as otherwise provided in the Federal Rules

of Evidence and other than in proceedings to enforce i) this


Order ii) any agreement between and amonc e Performing

Respondent and Non-Performing Respondents regarding the Site or

iii) a judgment relating to this Order or any such agreement

Respondents participation in this settlement shall not be

considered an admission of liability for any purpose and the

fact of such participation shall not be admissible in any

judicial or administrative proceeding

VI ORDER

34 Based upon EPAs and MEDEPs jurisdiction the Findings

of Fact and Determinations set forth above and the


Maine DEP hereby order and the Parties hereby agree that the

Respondents as required herein shall comply with the provisions

of this Order and SOW and perform all actions required by the

terms and conditions of this Order and SOW

VII REMOVAL WORK TO BE PERFORMED COMPLETION OF WORK

35 Upon the effective date of this Order the City shall

perform the Work detailed in the SOW to perform the Removal

Action and meet the performance standards specified in the Action

Memorandum and the SOW The Parties agree that the SOW is

consistent with the Action Memorandum Notwithstanding any

Administrative Order By Convent for Removal Action Saco Municipal Landfill Superfund Site Page 26

determination that EPA may make under Paragraph 70 cpound this Order

that additional response actions are necessary to attain the

performance standards specified in the Action Memorandum

compliance with the Work requirements specified in the SOW shall

constitute compliance with the Citys obligation to perform the

Work required by this Paragraph (Paragraph 35) If the SOW must

be modified to ensure that the City meets the performance

standards specified in the Action Memorandum and the SOW the

City must thereafter complete the Work required by the SOW as

modified As specified in the SOW the Removal Action will

generally consist of (i) excavation of all sediments in the

groundwater seep adjacent to Sandy Brook having an arsenic

concentration above 19 mgkg (ii) the design and construction of

a multi-layer low hydraulic conductivity cap over the landfill

(iii) long-term monitoring of the groundwater surface water and

sediments (iv) Post-Removal Site Control and (v) institutional

controls including deed restrictions andor other controls to

prohibit the future use of the Site in any manner that would

compromise the integrity of the cap and its related systems

36 The City shall conduct as necessary Post-Removal Site

Control at the Site in accordance with the SOW All activities

Administrative Order By Connent for Removal Action Saco Municipal Landfill Superfund Site Page 27

performed by the City shall be conducted in accordance with

CERCLA the NCP applicable guidance documents specified by EPA

in the SOW and the provisions of this Order including any

standards specifications and time schedules contained in the

SOW (as such may be amended) and its attachments

37 Pursuant to the schedule in Attachment A to the SOW

the City shall submit for EPA Approval the Final Demonstration of

Compliance and Completion of Removal Action Report (the Final

Completion of Removal Action Report) The Final Completion of

Removal Action Report shall conform to the requirements specified

in the SOW The Final Completion of Removal Action Report shall

also include the following certification signed by the Citys

Project Coordinator or a responsible City official

On behalf of the City for whom I have the authority to make this certification I certify that to the best of my knowledge after appropriate inquiries of relevant persons involved in the preparation of the Report the information submitted is true accurate and complete I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment for knowing violations

38 If EPA after reasonable opportunity for review and

comment by the State determines that the construction portion of

the Removal Action has been fully performed in accordance with

Administrative Order By Convent for Removal Action Saco Municipal Landfill Superpoundund Site Page 28

this Order (with the exception of continuing obligations required

by this Order including without limitation Post-Removal Site

Control long-term monitoring and record preservation) and that

the performance standards specified in the Action Memorandum and

the SOW have been achieved EPA will provide written notice to

the City If EPA after reasonable opportunity for review and

comment by the State determines that all activities have not

been completed in accordance with the provisions of this Order

it will so notify the City and provide a list of the tasks

remaining and a schedule for their completion Subject to the

Citys right to invoke Dispute Resolution the City shall perform

all remaining tasks and shall submit an amended Final Completion

of Removal Action Report in accordance with the EPA notice

VIII COORDINATION AND COOPERATION WITH OTHER RESPONSE ACTIONS

39 The Parties recognize that (i) the City of Saco is

currently performing an RIFS at the Site (ii) EPA intends

after reasonable opportunity for review and comment by the Maine

DEP to select a final remedial action for the Site following

completion of the RIFS and (iii) the design andor construction

Administrative Order By Consent for Removal Action Saeo Municipal Landfill Superfund Site Page 29

of a future remedial action may be performed concurrently with

the Citys performance of portions of the Removal Action

40 The City shall coordinate and cooperate fully with EPA

the State and any other person conducting future response

actions at the Site under EPA or State supervision The City

shall not interfere with or hinder the performance of future

response actions nor take any actions inconsistent with the

performance of any future response actions Further the City

shall provide such assistance and information as EPA deems

necessary to ensure the smooth transfer of the operation and

maintenance of the landfill systems to EPA and any other person

conducting future response actions at the Site under EPA or State

supervision if such becomes necessary

IX ENSftlt3EMTiTJT 9F THE CITYS CONSULTANT AND CONTRACTOR AND PROJECT COORDINATOR

41 The City has selected a qualified Consultant (the

Consultant) Woodard and Curran Inc to perform engineering

consulting work including cap design required under this Order

Additional technical activities including cap construction will

be performed by a contractor yet to be selected The Consultant

and contractor shall employ key personnel dedicated to the


Removal Action that shall have a minimum of five (5) years of

direct experience in performing response actions at hazardous

waste sites Subcontractors retained by the Consultant or

contractor shall contribute no more than fifty percent (50) of

the total work to be conducted under the agreement between the

City and the Consultant All work performed by said Consultant

and contractor pursuant to this Order shall be unde^ the general

direction and supervision of a qualified individual with

expertise in hazardous waste site cleanup The contractor shall

employ such professional staff and shall contract with

appropriate subcontractors sufficient to perform the Removal

Action prior to engagement by the City

42 The City shall provide written notice to EPA and the

Maine DEP within ten (10) days after engaging a contractor The

notice shall include a copy of the Citys contract with the

contractor a statement of qualifications identification of

project personnel and language dedicating the specific

professional staff for specific hours devoted to the project

The City shall notify EPA and the Maine DEP regarding the

identity and qualifications of all subcontractors as soon as each

subcontractor is engaged or at least fourteen (14) days prior to


the subcontractors commencement of Site Work whichever occurs

first Notice by the Citys contractor or subcontractor shall be

deemed notice by the City EPA after reasonable opportunity for

review and comment by the Maine DEP shall have the right

subject to the Citys right to invoke Dispute Resolution to

disapprove based on professional qualifications conflicts of

interest andor deficiencies in previous similar work the

Consultant and any contractor or subcontractor or other person

engaged directly or indirectly by the City to conduct the Work

under this Order The City shall not be deemed in violation of

this Order because the Work has been performed by a contractor or

subcontractor or other person engaged directly or indirectly by

the City to conduct the Work under this Order which is

subsequently disapproved by EPA

43 Within fourteen (14) days after the effective date of

this Order the City shall designate a Project Coordinator who

shall be responsible for the administration of all actions called

for by this Order and shall submit the Coordinators name

address and telephone number to EPA and the ^aine DEP Any

subsequent change in the Citys Project Coordinator shall be

accomplished to the extent possible by notifying EPA and the


Maine DEP in writing at least fourteen (14) days prior to the

change The Citys Project Coordinator shall be subject to

disapproval by EPA and shall have the technical expertise

sufficient to adequately oversee all aspects of the work required

under this Order

X DESIGNATION OF GOVERfffMHSITT COORDINATORS

44 EPA will designate a Remedial Project Manager (WRPM)

for administration of its responsibilities for oversight of the

day-to-day activities conducted under the Order and for receipt

of all written matter including deliverables required by the

Order The Maine DEP may designate a Maine DEP Project Manager

for the administration of its responsibilities for oversight of

the day-to-day activities conducted under the Order and for

receipt of all written matter including deliverables submitted

to the Maine DEP as required by this Order In addition EPA

will designate a Geographic Section Chief (GSC) who shall have

ultimate responsibility for the approvaldisapproval findings and

comments on Deliverables pursuant to Section XIV of this Order

EPA will submit the name address and telephone number of the

RPM and GSC to the City and the Maine DEP within fourteen (14)

days after the effective date of this Order EPA shall notify

Administrative Order By Consent for Removal Action Saco Municipal Landfill Suparfund Site Page 33

the City and the Maine DEP in writing of any subsequent changes

in the RPM or GSC

45 The RPM shall have the authority vested in the On-Scene

Coordinator and the Remedial Project Manager by the National

Contingency Plan as amended 40 CFR Part 300 This includes

the authority to halt conduct or direct any tasks required by

this Order andor any response action or portions thereof when

conditions may present an imminent and substantial endangerment

to public health or welfare or the environment The absence of

the EPA RPM from the Site shall not be cause for the City to halt

actions at the Site unless specifically directed by the RPM

XI PLACE AND MANNER OF NOTICE

46 Communications between the City and EPA andor the

Maine DEP and all documents including reports approvals

disapprovals written notice and other correspondence concerning

the activities performed pursuant to the terms and conditions of

this Order shall be directed through the Citys Project

Coordinator the EPA RPM and the Maine DEP Project Manager For

each Deliverable provided to EPA one (I) camera ready (unbound)

original shall be submitted along with such additional copies as

are required by the RPM Additionally two (2) copies shall be


submitted to the Maine DEP Project Manager along with such

additional copies as the Maine DEP Project Manager may request

All such documents submitted pursuant to this Order shall be sent

by certified mail return receipt requested or by overnight

delivery service or by courier to the EPA RPM and the Maine DEP

Project Manager at the following addresses or to such other

addresses as EPA or the State hereafter may designate in writing

Mary Jane ODonnell Chief MEVTCT Superfund Section US Environmental Protection Agency Office of Site Remediation and Restoration - HBT JFK Federal Building Boston MA 02203

Wilkes Harper Maine DEP Bureau of Remediation and Waste Management 17 State House Station Augusta ME 04333-0017

XII OBSERVATION OF THE CITYS ACTIVITIES

47 The City shall allow the EPA RPM EPA and State

employees (including but not limited to the Maine DEPs Project

Manager) agents consultants contractors and authorized

representatives to observe the Citys Work at the Site in

implementing the Removal Action activities pursuant to this

Order All activities under this Order shall comply with the


provisions for respmdash pe action worker safety and health in

29 CFR sect 1910120 EPA and Maine DEP will provide reasonable

notice to the City prior to such observation to the extent

practicable The City shall permit such persons (i) to inspect

and copy all non-privileged records documents files or other

writings that relate in any way to the work at the Site and that

would be available to EPA pursuant to its authority under Section

104(e)(2) of CERCLA (ii) to record all field activities by means

of photographic or other recording equipment (iii) to enter and

to freely move about all property on or about the Site during

field activities and at all other reasonable times (iv) to

conduct such tests as EPA may deem necessary (the results of

which shall be available to the Respondents and (v) to verify

the data submitted to EPA by the City The City shall not assert

privileges with respect to technical data regarding the Site

collected pursuant to any requirement of the RIFS Administrative

Order by Consent this Order or any other EPA or Maine DEP

request

XIII NECESSITY OF FORMAL APPROVAL

48 No informal advice guidance suggestions or comments

whether written or oral by EPA or the Maine DEP regarding


Deliverables or regarding any orv er written or oral information

submitted by the City to EPA (including any information the City

provides to EPA before during or after meetings) shall be

construed as relieving the City of its obligations to obtain such

formal reviews as may be required by this Order and SOW

XIV DELIVERABLES SUBMITTED TO EPA AND THE MAINE PEP

49 For Deliverables which require EPA Approval as

specified in this Order or the SOW the City shall comply with

the procedures set forth in subsection XIVA below For

Deliverables which require Performing Respondents Certification

as specified in the SOW the City shall comply with the

procedures set forth in subsection XIVB below

50 All Deliverables submitted to EPA and the Maine DEP

shall be delivered to EPA and the Maine DEP in accordance with

the schedule set forth in the SOW or otherwise established under

this Order or as modified in accordance with Section XXXXI All

Deliverables which have not received an Approval or Approval with

Conditions pursuant to subsection XIVA below or which require

the Citys Certification pursuant to subsection XIVB below

shall include the following disclaimer in a prominent location in

the document Disclaimer This document has been prepared by

Administrative Order By Concent for Removal Action Saco Municipal Landfill Superfund Site Page 37

the City pursuant to a government administrative order and has

not received final acceptance from the US Environmental

Protection Agency The opinions findings and conclusions

expressed are those of the authors and not those of the US

Environmental Protection Agency or Maine Department of

Environmental Protection In addition any such Deliverable

which requires EPA Approval pursuant to subsection XIVA below

and which has not received final approval from EPA shall be

marked DRAFT on each page

51 Any Deliverable required by this Order or SOW shall be

incorporated in and become an enforceable part of this Order

upon EPA Approval pursuant to subsection XIVA or upon the

Performing Respondents Certification pursuant to subsection

XIVB whichever applies Delay or noncompliance with such

Deliverables shall be considered delay or noncompliance with

requirements of this Order and the provisions of Section XXX

(Stipulated Penalties) shall apply

A Deliverables Requiring EPA Approval

52 EPA will review each Deliverable which requires EPA

Approval as specified in this Order or Attachment A of the SOW to

determine after reasonable opportunity for review and comment by


the Maine DEP whether it is consistent wi^b the requirement-^ of

the SOW and the Order and may respond to the City with one or

more of the following findings

a Approval -- means that the City shall proceed with the

next scheduled activity consistent this Order

(including the approved Deliverable)

b Approval with Conditions -- means that the City shall

proceed with the next scheduled activity subject to

certain required modifications or conditions set forth

in the EPA comments In its response EPA will specify

a schedule for resubmitting the Deliverable with the

required modifications or conditions as set forth in

the EPA comments and EPA will specify in writing the

required modifications or conditions If the City

fails to resubmit the Deliverable within the specified

time EPA may order the City to cease work on the

activity or any portion of it until such time as the

modification is made or the condition is met

c Disapproval with Modification Required -- means that

the City shall not proceed until it modifies the

Deliverable to correct the deficiencies delineated in


EPAs corr(ccergtsl and resubmits the Deliverable for

further EPA review Modifications may be required in

any originally-submitted Deliverable any portions of a

Deliverable or any Deliverable or portion of a

Deliverable resubmitted to EPA EPA will specify a

schedule for resubmitting any Deliverable requiring

modifications

d Disapproval with EPA Modification mdash means that EPA has

determined that it will modify the submission to cure

any deficiencies in the Deliverable andor undertake

the Work or any portion of it itself EPA will include

a brief explanation for its determination within the

Notice of Disapproval with EPA modification The City

agrees to reimburse EPA for the costs of such

modification or such Work undertaken by EPA as

Extraordinary Response Costs pursuant to and subject to

Paragraph 82 of this Order However EPA shall not

modify a submission without first providing the City at

least one notice of deficiency and an opportunity to

cure within seven (7) days of receipt of such notice

except where to do so would cause serious disruption to


the Work or where previous submission(s) have been

disapproved due to material defects and the

deficiencies in the submission under consideration

indicate a bad faith lack of effort to submit an

acceptable Deliverable

53 Any disapproval of a Deliverable will give rise to

stipulated penalties as set out in this Order- stipulated

penalties shall accrue from the time the disapproved Deliverable

was originally due Stipulated penalties shall not be payable

however for Deliverables Disapproved with Modification Required

unless disapproval of a first resubmission is due to a material

defect In the case of Deliverables Disapproved with EPA

Modification pursuant to Paragraph 52d stipulated penalties

shall not continue to accrue after 30 days after the Deliverable

is disapproved except if the City disputes the disapproval in

which case stipulated penalties shall run in accordance with

Section XXX of this Order In the event of a disagreement over

EPAs determination concerning a Deliverable the parties shall

resolve the disagreement in accordance with the Dispute

Resolution Section (Section XXIX) of this Order A determination

of Approval or Approval with Conditions shall not be construed to


mean that EPA concurs with all conclusions methods or

statements in the Deliverables

B Deliverables Requiring Performing Respondents Certification

54 Each Deliverable requiring the Performing Respondents

Certification as specified in Attachment A of the SOW shall be

certified by the City as provided below Upon submittal to EPA

and the Maine DEP the City shall proceed with the next scheduled

activity consistent with each such Deliverable without further

notification or approval by EPA Each such Deliverable shall

include the following certification signed by the Citys Project

Coordinator

On behalf of the City for whom I have the authority to make this certification I certify to the best of my knowledge and professional judgment after appropriate inquiries of relevant persons involved in the preparation of this Deliverable that the guidance documents specified in the SOW which apply to this Deliverable were reviewed in preparation of this Deliverable I further certify that to the best of my knowledge and professional judgment this Deliverable is in accordance with the SOW and the guidance documents specified therein which apply to this Deliverable I am aware that the City may be subject to stipulated penalties for submitting a Deliverable that is not in conformance with the SOW and the guidance documents specified therein which apply to this Deliverable

55 EPA at its discretion may provide comments to the

City concerning any Deliverable requiring the Performing

Administrative Order By Consent for Removal Action Saeo Municipal Landfill Suparfund Site Page 42

Respondents Certification and after reasonable opportunity for

review and comment by the State may disapprove the Deliverable

and notify the City of deficiencies in writing Upon receipt of

a notice of disapproval with deficiencies the City shall suspend

performance of all action required by the Deliverable and shall

correct the deficiencies and resubmit the Deliverable within

thirty (30) days or such other time period specified by EPA in

the notice of disapproval Notwithstanding a notice of

disapproval the City shall proceed to take any action required

by any non-deficient portion of the Deliverable If EPA

disapproves the Deliverable as resubmitted the City shall be in

violation of the Order and the provisions of Section XXX


XV MONTHLY PROGRESS REPORTS AND MEETINGS

56 The City shall provide monthly written progress reports

(Progress Reports) to EPA and the Maine DEP as specified in

the SOW Meetings between the RPM the Maine DEP the RPC and

the Consultant may be held at least once per month at the EPA

office in Boston unless EPA designates another location or

determines that a monthly meeting is not required for a

particular month The City id the Consultant and contractor


engaged to perform the Work under this Order shall also meet with

and make formal presentations to EPA at the completion of major

components of the Removal Action as specified by the EPA RPM

After completion of all construction activities the City may

upon EPA approval reduce the frequency of submission of the

monthly Progress Reports

57 The City shall submit in its monthly progress reports a

summary of results of sampling andor tests and other data

generated by the City by its Consultant and contractor or on

the Citys behalf in the course of implementation of the Order

The City shall furnish the full results and any underlying

documentation to EPA upon request

XVI QUALITY ASSURANCEQUALITY CONTROL

HEALTH AND SAFETY COMPLIANCE

58 While conducting sample collection sample analysis

and construction activities required by this Order the City

shall use quality assurance quality control and chain of

custody procedures in accordance with EPAs Interim Guidelines

and Specifications for Preparing Quality Assurance Project Plan

(December 1980 QAMS-00580) Data Quality Objective Guidance

(EPA540G87003 and 004) subsequent amendments to such


guidelines the Quality Assurance Project Plan (QAPP) approved

under the RIFS Order and additional quality assurance

procedures for construction activities required in the SOW

59 The City shall prepare a Health and Safety Plan as

required and described in the SOW The Health and Safety Plan

shall be consistent with and implement standards promulgated by

the Secretary of Labor pursuant to CERCLA and Section 6 of the

Occupational Safety and Health Act of 1970

XVII SPLIT SAMPLING

60 At the request of EPA or the Maine DEP the City shall

provide split or duplicate samples to EPA and the Maine DEP or

their authorized representatives of any samples collected by the

City pursuant to the implementation of this Order Similarly

the City shall allow such split or duplicate samples to be taken

by EPA the Maine DEP andor their authorized representatives

The City shall notify EPA and the Maine DEP not less than thirty

(30) days or such lesser time as approved by the EPA RPM in

advance of any sample collection activity Not less than twenty-

one (21) days in advance of sample collection or such lesser

time as approved by the RPM the City shall notify EPA and the

Maine DEP of the sampling date sampling media and the number of

Administrative Order By Convent for Removal Action Saco Hunicipal Landfill Superfund Site Page 45

samples from each media EPA and the Maine DEP shall conduct any

sampling activities in a reasonable manner Upon request EPA

and the Maine DEP shall allow the City to take split or duplicate

samples of any samples they collect as part of their oversight of

the Citys implementation of the Work

XVIII RECORD PRESERVATION

61 During the pendency of this Order and for a period of

not less than six (6) years after EPA approval of the Final

Completion of Removal Action Report the Respondents shall

preserve all records and documents in their possession which

relate in any way to the performance of activities required under

this Order notwithstanding any document retention policy to the

contrary provided that this Paragraph shall not apply to copies

of documents that are generated by the City EPA or the State of

Maine related to this Order that are in the custody of any Non-

Performing Respondent This Paragraph does not alter the

document retention requirements of the RIFS Order and the Cost

Recovery Administrative Agreement The City shall instruct its

consultants contractors and agents to preserve all records and

documents in their possession which relate to the performance of

the activities required under this Order At the conclusion of


this document retention period the Respondents shall notify JlPA

and the Maine DEP at least ninety (90) days prior to the

destruction of any such records or documents The Respondents

shall send such notice accompanied by a copy of this Order to

Office of Regional Counsel US Environmental Protection Agency JFK Federal Building Boston MA 02203 Attention Saco Municipal Landfill Superfund Site Re Administrative Order by Consent for Removal Action

and Wilkes Harper Maine DEP Bureau of Remediation and Waste Management 17 State House Station Augusta ME 04333-0017

Upon request by EPA the Respondents shall deliver to EPA any or

all such non-privileged records and documents or copies of any

such non-privileged records and documents The Settling Parties

may assert that certain documents records and other information

are privileged under the attorney-client privilege or any other

privilege recognized by federal law If the Settling Parties

assert such a privilege they shall provide the EPA with the

following (l) the title of the document record or

information (2) the date of the document record or


information (3) the name and title of the author of the

document record or information (4) the name and title of each

addressee and recipient (5) a description of the subject of the

document record or information and (6) the privilege asserted

by Settling Parties However no documents reports or other

information created or generated to meet the requirements of the

Order shall be withheld on the grounds that they are privileged

If EPA does not elect to take delivery of any records or

documents or copies thereof upon request by the Maine DEP the

Respondents shall deliver the requested records and documents or

copies thereof to the Maine DEP If neither EPA nor the Maine

DEP elect to take delivery of any records documents or copies

within 90 days of notice to EPA and the Maine DEP the

Respondents may destroy such records or documents as noticed

XIX CONFIDENTIALITY CLAIMS

62 The City may assert a confidentiality claim if

appropriate covering all or part of the information requested by

this Order pursuant to 40 CFR sect 2203(b) Such an assertion

shall be adequately substantiated when it is made Neither

analytical data nor any information specified in Section

104(e)(7)(F) of CERCLA shall be claimed as confidential by the

Administrative Order By Consent for Removal Action Sm -o Municipal Landfill Suprfund Site Page 48

City Information in EPAs custody which is determined to be

confidential by EPA shall be afforded the protection specified by

40 CFR Part 2 Subpart B and Section 104(e)(7) of CERCLA

Information in MEDEPs custody which is determined to be


40 CFR Part 2 Subpart B to the extent provided by applicable

Maine law If no such claim accompanies the information when it

is submitted to EPA and the Maine DEP it may be made available

to the public by EPA and the Maine DEP without further notice to

the City

XX SITE ACCESS

63 The City shall grant access to the Site to EPA and the

Maine DEP and their officers employees agents contractors

consultants and other authorized representatives for purposes of

implementing and monitoring work to be performed urder this

Order during field activities and at all other reasonable times

64 To the extent access to use or ownership of or

easements over property other than the Site is required for the

proper and complete implementation of this Order the City shall

use i_3 best efforts to obtain site access agreements or other

interests in such property within ninety (90) days after the


Orders effective date or within forty-five (45) days of when

EPA and the Maine DEP determine that such access or other

interests become necessary if EPA and Maine DEP first determine

that such access or other interests are necessary after the

effective date of this Order For purposes of this Paragraph

best efforts include but are not limited to providing

reasonable consideration in exchange for access to or other

interests in property

65 Such written access agreements or other interests

obtained pursuant to the preceding Paragraph shall at a minimum

allow the Citys authorized representatives and EPA and the


consultants and other authorized representatives to enter freely

and move about the property during field activities and at all

other reasonable times in order to implement and oversee the

implementation of the Work under this Order consistent with the

other provisions of this Order In the event that the City fails

to obtain any necessary access agreements or other interests

within the time period specified above the City shall notify EPA

and the Maine DEP in writing within five (5) days thereafter

Such notification shall include a description of the efforts made


by the City to obtain the necessary access and other interests

and the reason for its lack of success The City shall reimburse

EPA for the costs of any action necessary to obtain access as

Extraordinary Response Costs pursuant to and subject to the terms

of Paragraph 82

XXI ENDANGERMENT AND EMERGENCY RESPONSE

66 Upon the occurrence of any event or change of

conditions during implementation of this Order that causes or

threatens any release of hazardous substances pollutants or

contaminants from the Site that endangers the public health

welfare or the environment the City shall immediately take all

appropriate action to prevent abate or minimize such release or

endangerment The City shall also orally notify the EPA and

Maine DEP RPMs within twenty-four (24) hours or in the event of

the EPA RPMs unavailability shall notify within the same period

the Regional Duty Officer of the Emergency Planning and Response

Branch EPA Region I telephone (617) 223-7265 The City shall

act in accordance with all applicable provisions of the Health

and Safety Plan prepared pursuant to the Statement of Work

67 The City shall submit a written report to EPA and the

Maine DEP within seven (7) days after each such event setting


forth (i) the events that have occurred (ii) the measures caken

and to be taken to mitigate any harm caused or threatened by the

event and (iii) the measures taken and to be taken to prevent

the recurrence of such an event

68 Regardless of whether or not such a report is made to

EPA if EPA determines after reasonable opportunity for review

and comment by the Maine DEP to the extent time permits that

activities in compliance or noncompliance with this Order have

caused or may cause a release of a hazardous substance pollutant

or contaminant that endangers the public health or welfare or the

environment EPA may (i) order the City to stop further

implementation of this Order for such period of time as may be

needed to abate such release or threat (ii) instruct the City to

undertake any action which EPA determines is necessary to abate

such a release or threat andor (iii) undertake any action not

inconsistent with the NCP which EPA determines is necessary to

abate such a release or threat

69 In the event that EPA takes action at the Site to remedy

such a release threat of release or endangerment the City

shall reimburse EPA for the costs of such action not inconsistent

with the NCP as Extraordinary Response Costs pursuant to and


subject to the terms of Paragraph 82 In the event of a

disagreement between the City and EPA andor the Maine DEP under

this Paragraph the parties shall resolve such dispute in

accordance with the Dispute Resolution provisions in Section

XXIX

XXII ADDITIONAL RESPONSE ACTIONS

70 EPA after reasonable opportunity for review and

comment by the Maine DEP may determine that additional response

actions are necessary to carry out the Removal Action or to meet


the SOW Within 30 days of the Citys receipt of notice from EPA

that additional response actions are necessary (or such longer

time as may be specified by EPA) the City shall submit for EPA

approval after reasonable opportunity for review and comment by

the Maine DEP a work plan for the additional response actions

The plan shall conform to this Order the SOW CERCLA the NCP

and guidance documents identified by EPA Upon EPA approval of

the work plan pursuant to Section XIV (Deliverables Submitted to

EPA) the City shall implement the work plan for additional

response actions in accordance with the schedule contained


therein All applicable provisions of this Order shall apply to

the performance of additional response actions

71 The City may independently propose that additional

response actions are necessary to carry out the Removal Action or

to meet the performance standards specified in the Action

Memorandum and the SOW In the event EPA after reasonable

opportunity for review and comment by the Maine DEP accepts the

Citys proposal the procedures in the preceding Paragraph shall

govern

72 The City may invoke the procedures set forth in Section

XXIX (Dispute Resolution) to dispute EPAs determination that

additional response actions are necessary to carry out the

Removal Action or to meet the performance standards specified in

the SOW

XXIII OFF-SITE POLICY

73 All hazardous substances pollutants or contaminants

removed off-site pursuant to this Order for treatment storage

or disposal shall be treated stored or disposed of at a

facility in compliance with Section 121(d)(3) of CERCLA as

determined by EPA in accordance with 40 CFR sect 300440 The

removal treatment storage and disposal of all hazardous


substances pollutants or contaminants she- be in accordancj

with the Maine hazardous waste transportation law to the extent

applicable and all other applicable Maine law

74 The City shall prior to any off-site shipment of

hazardous substances pollutants or contaminants from the Site

pursuant to this Order to an out-of-state waste management

facility provide written notification of such shipment to the

appropriate state environmental official in the receiving

facilitys state and to the EPA RPM and the Maine DEP This

notification requirement shall not apply to any off-site

shipments when the total volume of all such shipments will not

exceed 10 cubic yards or where the Maine Hazardous Waste

Management Regulations do not require notification

75 The City shall include in the written notification the

following information (1) the name and location of the facility

to which the hazardous substances pollutants or contaminants

are to be shipped (2) the type and quantity of the hazardous

substances pollutants or contaminants to be shipped (3) the

expected schedule for the shipment and (4) the method of

transportation The City shall notify the state in which the

planned receiving facility is locat d of major changes in the


shipment plan such as a decision to ship the hazardous

substances pollutants or contaminants to another facility within

the same state or to a facility in another state

XXIV OTHER APPLICABLE LAWS

76 Except as otherwise provided pursuant to the next

Paragraph and Section 121(e) of CERCLA all activities undertaken

by the City pursuant to this Order shall be performed in

accordance with the requirements of all applicable federal and

state laws and regulations

77 Solely with regard to on-site activities and in

accordance with 40 CFR sect 300415(i) such activities

undertaken on the Site by the City pursuant to this Order shall

attain applicable or relevant and appropriate requirements

(ARARs) under federal and state environmental laws to the

extent practicable considering the exigencies of the situation

as determined by EPA EPA has determined that the ARARs

specified in the Action Memorandum are practicable to attain for

construction of the landfill cap and sediment removal


XXV COMMUNITY RELATIONS

78 EPA shall be responsible for preparing a Community

Relations Plan and conducting a community relations program The

City and the Consultant engaged to conduct the Removal Action

under this Order shall consistent with the Community Relations

Plan (i) attend and participate in public meetings regarding

the Site to the extent specified by the RPM (ii) prepare fact

sheets concerning the Site and activities conducted under this

Order for submission to the RPM and (iii) provide timely and

appropriate responses to inquiries from the public at the request

of the RPM

XXVI FINANCIAL ASSURANCE INSURANCE

79 Within thirty (30) days after the effective date of

this Order and annually thereafter until EPA approval of the

Final Completion of Removal Action Report the City shall

demonstrate in writing to EPA that it meets one (1) of the

financial assurance mechanisms specified in 40 CFR sect 264143

for the estimated $60 million cost of work to be performed by

the City under this Order If the City can show that the

estimated cost to complete the remaining Work has diminished

below the total estimated cost of the Work the City may on any


anniversary date of the effective date of this Order or at any

other time agreed to by the Parties reduce the amount of the

financial assurance provided under this Section to the estimated

cost of the remaining Work to be performed The City shall

submit a proposal for such reduction to EPA and the Maine DEP in

accordance with the requirements of this Section and may reduce

the amount of the assurance upon approval by EPA after reasonable

opportunity for review and comment by the Maine DEP In the

event of a dispute the City may reduce the amount of the

assurance in accordance with the final administrative decision

resolving the dispute under the Dispute Resolution Section

80 At least seven (7) days prior to commencing any on-site

work under this Order the City shall secure through itself or

its consultant and shall maintain for the duration of this

Order comprehensive general liability and automobile insurance

with limits of two (2) million dollars combined single limit

The United States and the Maine DEP shall each be named as an

additional insured for all such insurance policies except

automobile insurance policies Within the same time period the

City shall provide EPA and the Maine DEP with certificates of

such insurance and a copy of each insurance policy If the City


demonstrates to EPA that any Consultant contractor or

subcontractor maintains insurance equivalent to that described

above or insurance covering the same risks but in a lesser amount

and with EPA and the Maine DEP named as insureds then the City

need provide only that portion of the insurance described above

which is not maintained by the Consultant contractor or

subcontractor

81 For the duration of this Order the City shall satisfy

or shall ensure that its Consultant contractors and

subcontractors satisfy all applicable laws and regulations

regarding workers compensation insurance for all persons

performing the Work on behalf of the City in furtherance of this

Order

XXVII REIMBURSEMENT OF EPA EXTRAORDINARY RESPONSE COSTS

82 The City shall reimburse the Hazardous Substances

Superfund for all Extraordinary Response Costs not inconsistent

with the NCP including interest incurred after the effective

date of this Order by the United States in connection with the

Removal Action or the implementation of this Order pursuant to

Paragraphs 52d 65 69 102 and 104 including without

limitation Extraordinary Response Costs incurred by EPA under or


in connection with a contract or arrangement between EPA and a

qualified person to assist EPA in conducting activities required

under this Order pursuant to Paragraphs 52d 65 69 102 and

104 Reimbursable Extraordinary Response Costs shall include all

direct costs related to Paragraphs 52d 65 69 102 and 104 and

all indirect costs related to Paragraphs 52d 65 69 102 and

104 calculated in accordance with EPA policy or EPA regulations

in effect at the time that the costs are incurred including

without limitation time and travel costs of EPA personnel

contractor costs costs under a cooperative agreement costs

related to resolving disputes which arise under this Order

related to Work performed by EPA pursuant to Paragraphs 52d 65

69 102 and 104 enforcing obligations arising from EPAs

performance of Work pursuant to Paragraphs 52d 65 69 102 and

104 of this Order the costs of doing andor redoing any of the

Citys obligations under this Order with respect to Paragraphs

52d 65 69 and 102 of this Order EPA contractor and

cooperative agreement costs related to access and community

relations with respect to Paragraphs 52d 65 69 102 and 104

of this Order and any interest that accrues from the date on

which payment becomes due pursuant to the next Paragraph


83 On an annual basis EPA will submit to the City an

accounting of costs related to this Order that EPA has incurred

and a bill for Extraordinary Response Costs incurred by EPA with

respect to Paragraphs 52d 65 69 102 and 104 of this Order if

EPA has incurred any such costs This bill will consist of a

line-item summary of costs incurred during the preceding year

the summary will include a breakdown of costs by category

including without limitation payroll travel indirect costs and

contracts and a brief narrative of work related to such costs

(generally one to two paragraphs in length) The City shall

within thirty (30) days after receipt of each such bill remit a

certified check payable to the Hazardous Substances Superfund for

the amount of such bill The City shall include the name of the

Site the Site identification number (01-B9) and the docket

number for this Order on the check and mail the check with a

cover letter to

US Environmental Protection Agency Region I

Attn Superfund Accounting PO Box 360197 M

Pittsburgh PA 15251

A copy of the transmittal letter and the check shall be provided

simultaneously to the EPA Remedial Project Manager


84 If the City disputes a bill or any portion of a bio1

submitted by EPA the City may initiate dispute resolution

pursuant to the procedures of Section XXIX provided however

that the City notify EPA in writing within thirty (30) days after

receipt of the disputed bill and that the City pay all undisputed

portions of the bill in accordance with the provisions of this

Reimbursement Section Unless a determination is made under

dispute resolution that the City is not obligated to pay the

disputed portion of the bill the time for payment of the

disputed portion shall remain the original payment due date

interest shall accrue on any unpaid portion of the bill from the

original payment due date and EPA may seek stipulated penalties

or otherwise act to enforce the Citys compliance with this

Section and the Order If the City fails to raise a dispute

within thirty (30) days of its receipt of the bill the City

remains obligated for payment of the entire amount of the bill on

the original payment due date interest shall accrue on any

unpaid portion of the bill from the original payment due date

and EPA may seek stipulated penalties or otherwise act to enforce

the Citys compliance with this Section and the Order


XXVIII FORCE MAJEPRE

85 With respect to the Citys compliance with any deadline

for performance of activities under this Order any interim or

final time deadline or any Deliverables schedule set forth in

this Order or SOW no stipulated penalties or other sanctions

will be imposed for delay directly caused by the following events

which could not have been overcome by the Citys due diligence

(i) an act of God or (ii) the public review and comment process

as described in or required by Sections XXII (Additional Response

Actions) or Section XXV (Community Relations) of this Order so

long as the City timely submits all deliverables and meets other

requirements related to those Sections or (iii) any other event

arising from causes beyond the control of the ity including its

consultants contractors and agents However increases in the

cost of performance of the Removal Action shall not excuse

compliance or affect the applicability of the penalty provisions

or other sanctions which are provided for under this Order

Deadlines for performance of activities under this Order

including interim or final time deadlines and Deliverables

schedules set forth in this Order or SOW may be extended only to

the extent that delays caused by conditions specified in (i)


(ii) and (iii) above materially interfered with or prevented the

Citys execution of its responsibilities during the period of

such delay and no penalties or sanctions will become due for

activities which meet any deadline so extended The City further

agrees to use its most diligent efforts to minimize any delay

which may result The City acknowledges that it will have the

burden of justifying the rationale for delay in performance under

this Section

86 The City shall orally notify the EPA RPM and the Maine

DEP within forty-eight (48) hours of when the City first knew

that the event might cause a delay and shall identify with

specificity the cause of such delay and the estimated duration of

such delay Within seven (7) days after the City first becomes

aware that such event might cause a delay the City shall supply

to EPA and the Maine DEP in writing an explanation of the

cause(s) of any actual or expected delay or noncompliance the

anticipated duration of any delay the measures taken and to be

taken by the City to prevent or minimize the delay or correct the

noncompliance and the timetable for implementation of such

measures Failure to notify EPA and the Maine DEP shall result

in a waiver of the Citys right to assert that the delay should


be excused under the terms of this Section for the period of time

of such failure to notify and for any additional delay caused by

such failure The City shall be deemed to know of any

circumstance of which the City any entity controlled by the

City or the Citys contractors or subcontractors knew or should

have known In the event of a disagreement under this Section

the parties shall resolve such disagreement in accordance with

the Dispute Resolution Section of this Order Section XXIX


comment by the Maine DEP determines that a delay in performance

of a requirement under this Order is or was attributable to an

event specified in (i) through (iii) of Paragraph 85 above the

time period for performance of that requirement shall be extended

by EPA to the extent necessary Such an extension shall not

alter the Citys obligation to perform or complete other tasks

required by the Order which are not directly affected by the

force majeure event If EPA after a reasonable opportunity for

review and comment by the Maine DEP does not agree that the

delay or anticipated delay has been or will be caused by such

an event EPA will notify the City in writing of its decision

If EPA after a reasonable opportunity for review and comments by


the Maine DEP agrees that the delay is attributable to such an

event EPA will notify the City in writing of the length of the

extension if any for performance of the obligations affected by

the event

XXIX DISPUTE RESOLUTION

88 If the City objects to any EPA notice of disapproval or

decision made pursuant to this Order including any decision

which has resulted in the assessn it of stipulated penalties any

scheduling matter or in the event of circumstances that arise

that are subject to the Citys right to invoke Dispute Resolution

elsewhere in this Order or in the Cost Recovery Administrative

Agreement the City shall notify EPA and the Maine DEP in writing

of its objections within five (5) days of receipt of the notice

decision or other circumstance EPA in consultation with the

Maine DEP and the City shall communicate on the disputed matter

and shall have fourteen (14) days from the receipt by EPA and the

Maine DEP of the notification of objection to reach agreement

If agreement cannot be reached on any issue within this fourteen

(14) day period the City shall have five (5) additional days to

submit its position in writing to the EPA Director of OSRR The

Director of OSRR after reasonable opportunity for review and


comment by the Maine DEP shall provide a written determination

to the City within five (5) days of receipt of that

determination unless EPA agrees to a later time the City shall

initiate implementation of the activities required by the EPA in

accordance with the schedule provided by EPA which schedule

shall be subject to Dispute Resolution unless it has already

been or could have been subject to Dispute Resolution Except

as specifically provided herein dispute resolution among the

parties shall not be cause for the delay of the Work In

addition stipulated penalties as set out below if applicable

will continue to accrue during the dispute resolution period

except as provided in Paragraphs 94 and 95 No EPA decision made

pursuant to this Paragraph shall constitute a final Agency action

giving rise to judicial review

89 In the event that the City does not implement the

activities required by the EPA determination pursuant to

Paragraph 88 EPA or the Maine DEP may take such enforcement

actions against the City as may be provided by statutory or

equitable authorities including but not limited to the

assessment of such civil penalties or damages as are authorized

by Sections 122 and 109 of CERCLA and Maine law

Administrative Order By Conaent for Removal Action Saco Municipal Landfill Superpoundund Site Page 67

XXX STIPULATED

90 The Respondents shall be liable to EPA and MEDEP for

stipulated penalties in the amounts set forth in this Section for

failure to comply with the requirements of this Order andor the

SOW unless compliance is excused by EPA under Section XXVIII

(Force Majeure) Compliance by the City shall include but not

be limited to the timely and adequate submission of Deliverables

and performance of activities under this Order in accordance with

all applicable requirements of law this Order the SOW and any

Deliverables which have received EPA Approval or the Performing

Respondents Certification pursuant to this Order Compliance

by the Non- Per forming Respondents shall mean timely compliance

with Paragraph 96 of this Order

91 The following stipulated penalties shall be payable per

violation per day to EPA and MEDEP jointly in accordance with

Paragraph 94 for any noncompliance except those identified in

Paragraphs 92 or 93

Penalty Pet Violation Period of Noncompliance Per Day _

$ 750 1st through 14th day $ 1500 15th through 30th day $ 3000 31st day and beyond



violation per day to EPA and the MEDEP jointly in accordance with

Paragraph 94 for the submission or resubmission of an untimely or

substantially defective 100 NTCRA Design or an untimely or

substantially defective Final Completion of Removal Action Report

pursuant to the SOW

Penalty Per Violation Period of Toncompliance Per Day

$ 1500 1st through 14th days $ 3000 15th day through 30th day $ 5000 31st day and beyond

93 In the event that the City fails to submit timely or

adequate progress reports or meeting letter reports pursuant to

the SOW the City shall be liable to EPA and MEDEP jointly in

accordance with Paragraph 94 for stipulated penalties of $500

(five hundred dollars) per violation per day

94 Penalties shall begin to accrue on the day after

performance is due or the day a violation occurs and shall

continue to accrue through the final day of the correction of the

noncompliance or completion of the activity except that

stipulated penalties shall not accrue (1) with respect to any

Disapproval with Modification Required or Disapproval with EPA


Modification under Section XIV of this Order during the period

if any beginning on the 31st day after EPAs receipt of such

submission until the date that EPA notifies the City of any

deficiency (2) with respect to a decision by the Director of the

Office of Site Remediation and Restoration under Section XXIX of

this Order during the period if any beginning on the 21st day

after the date the Citys reply to EPAs Statement of Position is

due until the date the Director issues a final decision regarding

such dispute and (3) beyond thirty days after the Director of

the Office of Site Remediation and Restoration issues a final

decision regarding a dispute about a Deliverable Disapproved with

EPA Modification pursuant to Paragraph 52d Any penalty

otherwise accruing under Paragraphs 91 92 or 93 shall be due and

payable within thirty (30) days of the receipt of a written

demand by EPA or the Maine DEP except as provided in aragraph

95 In assessing stipulated penalties for delay caused by a

negative referendum vote on future funding necessary for timely

compliance with this Order EPA and Maine DEP shall weigh all

considerations including the length of the delay caused by the

vote and efforts by City officials to inform the voters about

the need for funding- provided however that a negative


referendum vote on funding necessary for timely compliance with

this Order shall not affect the Citys obligations to comply with

this Order or any schedule contained herein Stipulated

penalties shall be divided between EPA and the Maine DEP in the

following manner 75 for EPA and 25 for the Maine DEP

Payment of EPAs portion of such penalty shall be made by

certified check payable to the Hazardous Substances Superfund

and mailed to the following address with a notation of the docket

number of this Order

Region I US Environmental Protection Agency


Pittsburgh PA 15251

A copy of the certified check to EPA shall be sent to the

Remedial Project Manager within five (5) days of payment

Payment of the Maine DEPs portion of such penalty shall be made

by certified check payable to the Maine Uncontrolled Sites Fund

and mailed to the following address

Director Division of Sites Investigation amp Remediation Maine DEP

State House Station 17 Augusta ME 04333


A copy of the certified check to the Maine DEP shall be sent to

the Maine DEP Project Manager within five (5) days of payment

The stipulated penalties set forth in this Section do not

preclude EPA or the Maine DEP from electing to pursue any other

remedies or sanctions which may be available to EPA or the Maine

DEP by reason of the Respondents failure or refusal to comply

with any requirement of this Order Such remedies and sanctions

include without limitation injunctive relief the assessment of

such civil penalties or damages as are authorized by Sections 122

and 109 of CERCLA or state law or the performance of a

federally-funded response action or state-funded response action

and a corresponding suit for reimbursement of costs incurred by

the United States or the State of Maine Notwithstanding any

other provision of this Section EPA may in its unreviewable

discretion waive any portion of stipulated penalties that have

accrued pursuant to this Order

95 If the City invokes dispute resolution regarding any

decision which has resulted in the assessment of stipulated

penalties stipulated penalties shall continue to accrue during

the dispute resolution process except as otherwise provided in

this Order Within thirty (30) days after receipt of the EPA


determination rendered pursuant to Paragraph 88 in which EPA

prevails in whole or in part the City shall pay pursuant to

Paragraph 94 the stipulated penalties arising from those matters

on which the City does not prevail At that time the City shall

also pay interest on any stipulated penalties which had accrued

up to the day the City invoked Dispute Resolution If the City

prevails on the disputed matter then no stipulated penalties are

due

XXXI PAYMENT BY NON-PERFORMING PARTIES

96 By May 30 1997 each Non-Performing Respondent shall

pay its individual share of the total sum of $97050000 into a

qualifying settlement fund for the City to use to undertake

response activities related to the Site Payment shall be made

by certified check payable to KeyBank National Assoc (Attn

Leon J Bien) Escrow Agent and mailed with a transmittal letter

to the following address

KeyBank National Association Escrow Agent One Canal Plaza Portland Maine 04101

Attn Mr Leon J Bien


Non-Performing Respondents shall provide notice of such payment

to EPA by mailing a copy of the transmittal letter and check to

the EPA RPM at the address set forth in Section XI of this Order

XXXII CIVIL PENALTIES FOR NONCOMPLIANCEENFORCEMENT

97 The City is advised that violations of this Order or

any portion thereof may subject it to civil penalties of up to

$25000 per violation and $25000 for each day in which such

violation continues as provided in Sections 106(b)(1) 109 and

122 of CERCLA 42 USC sectsect 9606(b)(l) 9609 and 9622 The City

may also be subject to damages in an amount up to three times the

amount of any cost incurred by the United States as provided in

Section 107(c)(3) of CERCLA 42 USC sect 9607(c)(3) Violations

of this Order also may subject the City to civil penalties

injunctive actions and cost reimbursement under Maine law

including without limitation 38 MRSA Sections 347-A 348

349 1365 1366 and 1367 (1989 and Supp 1997)

XXXIII COVENANT NOT TO SUE DENIAL OF LIABILITY

98A In consideration of the actions that will be

performed and the payments that will be made by the Respondents

under the terms of this Order and except as specifically

provided in Section XXXV of this Order EPA covenants not to sue


or to take administrative action against the Respondents pursuant

to Sections 106 and 107(a) of CERCLA or Section 7003 of RCRA for

the Work this Order including performance of the Removal

Action and for recovery of all Extraordinary Response Costs

associated with this Order incurred by EPA and paid by the City

With respect to the City these covenants not to sue shall i)

take effect for Work completed prior to EPAs approval of the

Completion of Removal Action Report upon notification by EPA that

the City has completed all construction activities required under

this Order and the City has submitted and EPA has approved the

Completion of Removal Action Report and ii) take effect for Work

completed after EPAs approval of the Completion of Removal

Action Report upon notification by EPA that the City has

completed all actions required under this Order (including all

Post-Removal Site Control and reimbursement of Extraordinary

Response Costs) These covenants not to sue shall take effect

with respect to the Non-Performing Respondents upon notification

by the Non-Performing Respondents that they have complied with

Paragraph 96 of this Order These covenants not to sue are

conditioned upon the satisfactory performance by the Respondents

of their respective obligations under this Order These


covenants not to sue extend only to the Respondents and do not

extend to any other person Under this Order Respondents are

not released from liability if any for any actions taken beyond

the terms of this Order regarding other removal actions remedial

investigationfeasibility studies related to any other operable

unit remedial designremedial action related to any other

operable unit operation and maintenance of any other remedial

action or activities arising pursuant to Section 121(c) of

CERCLA 42 USC sect 9621(c)

B In consideration of the actions that will be performed

and the payments that will be made by the Respondents under the

terms of this Order and except as specifically provided in

Section XXXV of this Order the State of Maine covenants not to

sue or to take administrative action against the Respondents

pursuant to Section 107(a) Of CERCLA 38 MRSA Sections 1304

and 1365 (1989 and Supp 1997) and other applicable state law

including common law for the Work this Order including

performance of the Removal Action the RIFS Order and the

activities thereunder and for recovery of all response costs

associated with this Order fully addressed by an EPA cooperative

agreement and any grants or payments made by the State to the


City to reimburse the City for landfill capping costs and

including all activities required to be performed and costs

related thereto under Prior MEDEP Orders and Consent Decrees to

the extent that they are inconsistent with this Order and any

such Prior MEDEP Orders and Consent Decrees are hereby superseded

to the extent that they are inconsistent with this Order With

respect to the City these covenants not to sue shall i) take

effect for Work completed prior to EPAs approval of the






















operable unit or operation and maintenance of any other remedial

action

99 The execution of this Order and Respondents

participation herein is not an admission by the Respondents of

liability with respect to any issue dealt with in this Order nor

is it an admission by the Respondents of any Finding of Fact

Conclusion of Law or Determination contained in this Order

Furthermore the participation of Respondents in this Order shall

not be considered an admission of liability and is not admissible

in evidence against the Respondents in any judicial or

administrative proceeding other than (a) a proceeding by the

United States including EPA or the State of Maine including

the Maine DEP to enforce this Order or a judgment relating to

it or (b) a proceeding to enforce any agreement between the


Performing Respondent and Non-Performing Respondents regarding

the Site or to enforce a judgment related to such agreement

XXXIV CONTRIBUTION PROTECTION

100 With regard to claims for contribution against the

Respondents the Parties hereto agree that the Respondents are

entitled to such protection from contribution actions or claims

as is provided by Section 113(f)(2) of CERCLA 42 USC

sect 9613 (f) (2) and 38 MRSA sect 348(4) for all matters

addressed by this Order The matters addressed are Past

Response Costs RIFS Response Costs Response Costs Oversight

Costs Extraordinary Response Costs all costs incurred by the

State of Maine related to Prior MEDEP Orders and Consent Decrees

for which reimbursement may be sought payments pursuant to

Paragraph 96 and Work The Parties agree that the Respondents

are entitled to such protection upon the effective date of this

Order Nothing in this Order precludes the United States the

Maine DEP or Respondents from asserting any claims causes of

action or demands against any persons not parties to this Order

for indemnification contribution or cost recovery

XXXV EPAS AND THE STATES RESERVATION OF RIGHTS

101 A The covenants not to sue set forth in Section


XXXIII do not pertain to any matters other r n these expressly

specified in that Section EPA reserves and this Order is

without prejudice to all rights against each Respondent with

respect to all other matters including but not limited to the

following

a claims based on a failure by any Respondent to meet any

requirement specified for that Respondent under this Ordershy

b liability arising from the past present or future

disposal release or threat of release of hazardous

substances pollutants or contaminants outside of the Site

c liability arising from future disposal at the Site other

than as provided in the Action Memorandum or this Order or

otherwise ordered by EPA

d liability for damages for injury to destruction of or

loss of natural resourcesshy

e liability for response costs that have been or may be

incurred by the National Oceanic and Atmospheric

Administration and the Department of the Interiorshy

f criminal liability

g liability for violations of federal or state law which

occur during or after implementation of the Removal Actionshy

Administrative Order By Conaent for Removal Action Saco Municipal Landfill Superfund Site Page 80

h liability for response costs incurred at the Site which

are not addressed by Section XXVII of this Order

(Reimbursement of EPA Extraordinary Response Costs) or by

the Cost Recovery Administrative Agreement (Docket No

CERCLA 1-97-1010) and

i liability for response actions at the Site that are not

required to be performed by the City pursuant to this Order

B The covenants not to sue set forth in Section XXXIII do not

pertain to any matters other than those expressly specified in

that Section The State of Maine reserves and this Order is

without prejudice to all rights against the Respondents with


following


requirement specified for that Respondent under this Order



substances pollutants or contaminants outside of the Siteshy

c liability for damages for injury to destruction of or

loss of natural resources

d criminal liabilityshy


e liability for violations of federal or state law wh^ch

occur during or after implementation of the Removal Action

g liability for Oversight Costs incurred by the State at

the Site to the extent that they are not fully addressed by

future cooperative agreements between EPA and MEDEP and

h liability for response actions at the Site that are not


102 EPA retains the right to undertake any obligations of

the City under this Order provided that EPA has determined that

one of the following conditions has been met the City has ceased

implementation of any portion of the Work is seriously or

repeatedly deficient or late in their performance of the Work

has failed to comply with this Order or is implementing the Work

in a manner which may cause an endangerment to human health or

the environment If EPA undertakes any obligations under this

Order pursuant to this Paragraph including implementation of

institutional controls the City must reimburse EPA for all costs

incurred as a result of the takeover that are consistent with the

NCP as Extraordinary Response Costs The City may invoke the

procedures set forth in Section XXIX (Dispute Resolution) to

dispute EPAs determination that takeover of the obligations of

Administrative Order By Consent for Removal Action Slaquoco Municipal Landfill Superfund Site Page 82

the City under this Order is warranted or that the costs incurred

were consistent with the NCP

103 Notwithstanding any other provision of this Order

except as set forth in Section XXXIII (Covenant not to Sue) EPA

and the State of Maine shall retain all of their response

information gathering entry inspection and enforcement

authorities and rights under CERCLA and under any other

applicable law regulation or permit

104 The City shall reimburse EPA for costs incurred by the

United States to enforce this Order or the Cost Recovery

Administrative Agreement as Extraordinary Response Costs in

accordance with the reimbursement procedures provided by Section

XXVII (Reimbursement of Extraordinary Response Costs)

XXXVI RESPONDENTS COVENANT NOT TO SUE

105 Covenant Not to Sue Subject to the reservations in

Paragraphs 106 and 107 Respondents hereby covenant not to sue

and agree not to assert any claims or causes of action against

the United States or the State including any department agency

or instrumentality of the United States or State with respect to

this Order including but not limited to

a any direct or indirect claim for reimbursement from


the Hazardous Substance Superfund (established pursuant to the

Internal Revenue Code 26 USC sect 9507) through CERCLA Sections

106(b)(2) 107 111 112 113 or any other provision of law

b any claims under CERCLA Sections 107 or 113 related

to this Order

c any claims for payment under sections 106(b) 111

and 112 of CERCLA the Constitution of the United States the

Tucker Act 28 USC sect 1491 or at common law against the State

EPA or the Hazardous Substance Superfund arising out of any

action performed under this Order any related access matters

and related institutional controls or

d any claims arising out of response activities in

connection with this Order including claims based on EPAs and

the States selection of response actions oversight of response

activities or approval of plans for such activities

XXXVII RESPONDENTS RESERVATION OF RIGHTS

106 The Respondents reserve and this Order is without

prejudice to claims against the United States subject to the

provisions of Chapter 171 of Title 28 of the United States Code

for money damages for injury or loss of property or personal

injury or death caused by the negligent or wrongful act or


omission of any employee of the United States while acting within

the scope of his office or employment under circumstances where

the United States if a private person would be liable to the

claimant in accordance with the law of the place where the act or

omission occurred However any such claim shall not include a

claim for any damages caused in whole or in part by the act or

omission of any person including any contractor who is not a

federal employee as that term is defined in 28 USC sect 2671 nor

shall any such claim include a claim based on EPAs selection of

response actions or the oversight or approval of the

Respondents plans or activities The foregoing applies only to

claims which are brought pursuant to any stat- -e other than

CERCLA and for which the waiver of sovereign immunity is found in

a statute other than CERCLA

107 Except as set forth in this Order the Respondents

expressly reserve all rights and defenses that each or any of

them may have in law or in equity for any claims or causes of

action it may have against any party including the United States

and the State and their respective agencies departments and

instrumentalities Any claims not expressly waived by the

Respondents shall be deemed reserved Notwithstanding any


obligations in this Order requiring the Respondents to make any

records documents or any other materials available to EPA

nothing herein shall be construed to be a waiver of any rights

Respondents may have to assert the attorney-client privilege or

the attorney work product doctrine as to those materials except

where such materials contain information specified in section

104(e)(6)(F) of CERCLA 42 USC sect 9604(e)(6)(F)

XXXVIII OTHER CLAIMS

108 Except as expressly provided in Section XXXIII

(Covenant Not to Sue) nothing in this Order constitutes a

satisfaction of or a release from any claim or cause of action

against the Respondents or any person not a party to this Order

for any liability such person may have under CERCLA other

statutes or the common law including but not limited to any

claims of the EPA for costs damages and interest under sections

106(a) and 107(a) of CERCLA This Order does not constitute a

preauthorization of funds under section 111(a)(2) of CERCLA No

action or decision by EPA pursuant to this Order shall give rise

to any right to judicial review except as set forth in section


113(h) of CERCLA

XXXIX INDEMNIFICATION

109 The United States and the State do not assume any

liability by entering into this Order or without limitation by

virtue of any designation of the City as EPAs authorized

representative under section 104(e) of CERCLA 42 USC

sect 9604(e) The City agrees to indemnify and save and hold

harmless the United States Government the State of Maine and

their agencies departments agents officers employees and

representatives from any and all claims or causes of action

arising from or on account of negligent acts or omissions of the

City its officers employees agents servants receivers

successors trustees assignees or contractors in carrying out

the activities pursuant to this Order including but not limited

to any claims arising from any designation of the City as EPAs

authorized representative under section 104 (e) of CERCLA 42

USC sect 9604(e) Neither the United States nor the State shall

be held out as a party to or in any other way be held liable

under any contract entered into by the City or by the Consultant

or any contractor in carrying out the activities pursuant to this

Order Neither the City nor any such Consultant or contractor

Administrative Ordr By Consent for Removal Action Saco Municipal Landfill Suprfund Sit Fag 87

shall be considered an agent of the United States or the State

Notwithstanding any of the above this agreement to indemnify and

hold harmless does not include claims or causes of action arising

from or on account of acts or omissions of the United States and

its agencies departments agents officers employees and

representatives

XXXX WAIVER OF SETTLEMENT CONFERENCE

110 In consideration of the communications among the

Respondents and EPA regarding the terms of this Order prior to

its issuance the Respondents hereby agree that there is no need

for a settlement conference prior to the effective date of this

Order

XXXXI MODIFICATION OF ORDER

111 This Order with the exception of the Statement of Work

(Appendix B) or attachments or Deliverables thereunder may only

be modified upon the written agreement of EPA by signature of the

Director of the Office of Site Remediation and Restoration the

Maine DEPs Director of the Bureau of Remediation and Waste

Management and an authorized officer of each of the Respondents

The Statement of Work any attachments thereto or any accepted

Deliverables may be modified upon signature of the EPA Geographic


Section Chie subject to the Citys right to invoke Dispute

Resolution

XXXXII SEPARATE DOCUMENTS

112 This Order may be executed in two or more counterparts

each of which shall be deemed an original but all of which

together shall constitute one and the same instrument

XXXXIII EFFECTIVE DATE

113 This Order shall be effective five (5) days after the

City receives notice that the Director of the Office of Site

Remediation and Restoration has signed the Order All times for

performance of activities under this Order shall be

calculated from the effective date

XXXXIV TERMINATION

114 Prior to but no later than 180 days after the

effective date of this Order the City or EPA may terminate this

Order if the Cost Recovery Administrative Agreement is not

effective within ninety (90) days of the effective date of this

Order Notwithstanding this Paragraph the City shall complete

at least ninety-five percent (95) of the final design of the

Removal Action


IT IS SO AGREED AND ORDERED BY

Al bull Linda M Murphy D i r c to r Dat Office of Site Remediation and Restoration EPA Region I

Administrative Order By Consent for Removal Action Saco Municipal landfill Superfund Site Page 90

The undersigned representatives of the Respondents certify that they are fully authorized to enter into the terms and conditions of this Order and bind the parties they represent to this document

ROBUS LEATHER CORPORATION FKA GEORGE NEWMAN amp COMPANY SUCCESSOR BY LAW TO BIDDEFORD INDUSTRIES INC

By Thomas Robinson President and Ghiof FinancialmdashOffaooy f Robus Leather Corporation 1100 W Hutchinson Lane Madison IN 47250 Tel (812) 273-4183

TO 833388888888881 P0309 MPY 27 97 16=01 FR HflLE RND DORR LuF DC

Administrative Ordar By Consent for Removal Saco Municipal Landfill Suparfund Site Pag 91

CL HAUTHAWAY amp SONS CORPORATION

By Leppoldo ampJohnson Date CL Hautna ay amp Sons Corp 638 Summer Street Lynn MA 01905-2092

fa

Administrative Order By Consent for Removal Action Saoo Municipal Landfill Superfund Site Page 92

GABRIEL ELECTRONICS INC

By

Frank E Gemme Date President Gabriel Electronics Incorporated Libby Road PO Box 70 Scarborough ME 04070 Tel (207) 883-5161


LITTON INDUSTRIES INC

By Camp^tf-Jtae^^c^S

Carol WiesnerVice President and Controller Litton Industries Inc 21240 Burbank Boulevard Woodland Hills California 91367 Tel (818) 598-5246

May 27 1997

Date

Adni-tniBtrativc Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page 94

LYN-FLEX INDUSTRIES AN UNINCORPORATED DIVISION OF DER-TEX CORPORATION

By gt 1997

Jerome Linder Date President Der-Tex Corporation 360 Merritnack Street Lawrence Massachusetts 01843 Tel (508) 686-0154


MILLIPORE CORPORATION

By At Jef frpoundy Ttyidin EsqVice President and General Counsel Millipore Corporation 80 Ashby Road Bedford MA 01730 Tel (617) 533-2044

May 21 1997 Date


NIKE INC

Coburn Date eheral Counsel Nike Inc 1 Bowerman Drive Beavertotm OR 97005-6453 Tel 503shy


ZENECA INC

61097

Glenn M Engelmann Date Vice President General Counsel and Secretary Zeneca Inc Successor to Polyvinyl Chemicals Inc

Addrespoundeneca Inc Successor to Polyvinyl Chemicals Inc

1800 Concord Pike PO Box 15438

Wilmlngotn PR

Tel(302) 886-3244


SACO DEFENSE INC

By j i e s R V i e g Date Vice Chairman Saco Defense Inc 291 North Street Saco Maine 04072 Tel (270) 283-3611


CHAMPION INTERNATIONAL CORPORATION

pound By x^gt^^w^ (- (^W^ lt May 27 1997

Stephen B Brown Date ampAVice President and General Counsel

Champion International Corporation One Champion Plaza Stamford Connecticut 06921 Tel (203) 358-6476


BEMIS COMPANY INC

By -^^lt^^^ 52297 Richard Pry^r Date Corporate Risk Manager Bemis Company Inc 222 South 9th Street Suite 2300 Minneapolis Minnesota 55402-4099 Tel (612) 376-3085

Administrative Order By Consent for Removal Action Saco Municipal Landfill Suporfund Site Page 101

CITY OF SACO MAINE

A Larry Mtcl(ell Dgfte City Administrator City of Saco 300 Main Street Saco Maine 04072 Tel (207) 282-4191


STATE OF MAINE

By

Mark Hyland Director Date Division of Site Remediation Maine DEP State House Station 17 August Maine 04333 Tel (207) 287-7673

By Dennis Harnish Esq Date Assistant Attorney General Department of Attorney General State House Station 6 Augusta Maine 04333 Tel (207) 626-8800

APPENDIX B

Non-Time Critical Removal Action Statement of Work

Saco Municipal Landfill Superfund Site

I INTRODUCTION AND PURPOSE

This non-time-critical removal action (NTCRA) Statement of Work (SOW) defines the response activities and deliverables that the Performing Respondent shall performsubmit in order to implement the Work required under the Administrative Order on Consent for Removal Action (EPA Region I Docket No 1-97-1009) (the Order) at the Saco Municipal Landfill Site in Saco Maine (the Site) The activities described in this SOW are based upon the United States Environmental Protection Agency (EPA) Action Memorandum for the Site signed by the EPA Region I Director of the Office of Site Remediation and Restoration on September 23 1996

II DEFINITIONS

The following definitions shall apply to this SOW

A All definitions provided in Section III of the Order are incorporated herein by reference

B Design shall mean an identification of the technology to be used for the Removal Action and its performance and operational specifications in accordance with all applicable federal state and local laws including but not limited to

1 all computations used to size units determine the appropriateness of technologies and the projected effectiveness of the NTCRA

2 scale drawings of all system layouts identified above and including but not limited to excavation cross-sections and well cross-sections

3 quantitative analyses demonstrating the anticipated effectiveness of the NTCRA Design to achieve the Performance Standards

4 technical specifications which detail the following

a size and type of each major component and

b required performance criteria of each major component

5 specifications on the extent of ambient air monitoring including equipment monitor locations and data handling procedures and

6 specifications of Institutional Controls to be supplied with the construction plans and specifications

EPA Approval or EPA Review and Approval shall mean the procedures specified in Section XIVA of the Order

Institutional Controls shall mean deed restrictions access land easements and other requirements and controls developed to limit human or animal exposure to hazardous substances pollutants or contaminants andor to ensure the integrity and effectiveness of the Removal Action

Performing Respondents Certification shall mean the procedures specified in Section XIVB of the Order

III SELECTED NON-TIME-CRITICAL REMOVAL ACTION

Section VAI of the Action Memorandum specifies the NonshyTime-Critical Removal Action for the Site Based upon the Action Memorandum listed below are the components of the NTCRA which shall be performed by the Performing Respondent

bull Grading of the landfill including the consolidation of the solid waste material from adjacent to Area 1 Area 3 and Area 4

bull Identifying the solid waste boundary for Areas 3 and 4

bull Excavating contaminated sediments from a groundwater seep area and consolidating them with the waste material in landfill Area 4

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bull Designing and constructing a multi-layer low hydraulic conductivity cap with surface drainage controls

bull Maintaining the cap

bull Long-term monitoring of surface water sediments and groundwater

bull Post-removal site control (PRSC) of the cap The PRSC shall ensure the long-term continued effectiveness of each component of the NTCRA and

bull Implementing Institutional Controls including implementation of deed restrictions andor other controls to prohibit the future use of the Site in any manner that would compromise the integrity of the cap and its associated systems

IV PERFORMANCE STANDARDS

The Performing Respondent shall design construct operate monitor and maintain the NTCRA in compliance with this Order the SOW and the Performance Standards identified in the Action Memo

The Performance Standards for the NTCRA at the Site include

SEDIMENT EXCAVATION AND CONSOLIDATION Sediments with arsenic concentrations above 19 mgkg will be excavated from the groundwater leachate seeps adjacent to Sandy Brook The area within which the seeps are found is defined by sediment locations SD-21 and SD-25 Sediments within Sandy Brook will not be excavated as part of this removal action

CONSOLIDATION OF SOLID WASTE The solid waste outside the Area 1 Area 3 and Area 4 caps shall be consolidated under the Area 34 cap The area to be excavated and material to be consolidated was identified during the RIFS test pit program

LANDFILL CAP The landfill cap shall be designed constructed operated and maintained to meet the performance requirements of the Resource Conservation and Recovery Act (RCRA) Subtitle C regulations specified in 40 CFR sectsect 26419 264310 as applicable and 264111 and the

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currently promulgated final MEDEP regulations referenced in Attachment X of the Action Memo

The cap shall also be designed to meet the requirements of the following EPA and State technical guidance documenxo Final Covers on Hazardous Waste Landfills and Surface Impoundments (EPA530-SW-89-047 July 1989) Construction Quality Management for Remedial Action and Remedial Design Waste Containment Systems (EPA540R-92073 October 1992) Quality Assurance and Quality Control for Waste Containment Facilities (EPA600R-93182 September 1993) MEDEP Final Cover System Guidance Document for Municipal Solid Waste Landfill (November 1995) Stormwater Management for Maine Best Management Practices (November 1995 MEDEP) and Maine Erosion and Sediment Control Handbook for Construction Best Management Practices (March 1991 Cumberland County Soil and Water Conservation District and Maine DEP)

The multi-layer cap will achieve the following minimum requirements

All layers of the cover system shall be designed to achieve the performance objectives of this section over the longshyterm Each layer shall also be designed to meet a static stability factor of safety criteria of 13 seismic stability factor of safety criteria of 10 and a construction-stage stability factor of safety criteria of 12

mdash The base layer will be comprised of unclassified fill material transmissive to gas The performance objectives for the base layer are to contour the landfill to achieve a maximum slope of 31 provide a subgrade base suitable for construction of the cover system and minimize subsidence

Waste from uncapped areas near Area 1 Area 3 and Area 4 and excavated sediments from the groundwater seep areas near Sandy Brook will be placed under the base layer Vegetation cleared from the Site will be distributed evenly to prevent degradation and minimize subsidence

The slopes will be terraced to minimize erosion of the multi-layer cap so that no more than 2 tons per acre per year of soil loss occurs

mdash The gas collection layer will be comprised of 6-12 inches of porous material with a hydraulic conductivity of at least

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1 x 103 cmsec The objective of this layer is to allow for the transmission of gas to the vent pipe which will then take gas out of the landfill and to provide a firm foundation and contact surface for the low hydraulic conductivity layer A second objective is to allow fo the transmission of potential leachate seeps down the sideslopes so that it may infiltrate back into the landfill Approximately one gas vent per acre will be installed at least three to five feet into the waste

-- The bottom low hydraulic conductivity layer acts as a safeguard to the geomembrane and is generally made of 24 inches of clay or a geo-synthetic clay liner (GCL) The performance objective of this layer is to minimize potential leakage through the low hydraulic conductivity geomembrane into the landfill The low hydraulic conductivity layer will be designed to achieve a maximum hydraulic conductivity of 1 x 10~7 cmsec unless the factor of safety criteria of 13 for static 10 for seismic and 12 for construction stage stability cannot be achieved If the stability criteria cannot be met with a GCL or 1 x 107 cmsec material then a more permeable material may be used to achieve a stable cover system The bottom low hydraulic conductivity layer shall have a maximum hydraulic conductivity of at least 1 x 105 cmsec if the 1 x 10~7

cmsec material cannot meet the stability criteria If a GCL is used as the bottom low hydraulic conductivity layer then 12 inches of a fine grained material containing a minimum of 35 fines with no stones larger than one inch shall be used as bedding above the gas vent layer Potential mechanisms that may compromise the integrity of the cover system such as subsidence desiccation cracking and freeze-thaw cycling will be accounted for in the design

The uppermost surface of the bottom low hydraulic conductivity layer shall be buried at least 30 inches below the surface of the cap

-- The top low hydraulic conductivity layer will be a geosynthetic barrier The performance objective of this barrier is to prevent water from infiltrating into the landfill and to accommodate settlement and subsidence while maintaining stability This synthetic barrier will be a type of flexible geomembrane 40-60 mil thick

-- The drainage layer will be composed of either a minimum of 12 inches of sand or equivalent material with a minimum

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hydraulic conductivity of 1 x 102 cmsec or a synthetic material with a transmissivity of at least 3 x 10~5 m2sec The sand should be no coarser than 38 inch The performance objective is to allow water to drain off the synthetic barrier prevent the ponding of water over tgt a synthetic barrier and minimize seepage forces within the cap system If a geosynthetic drainage layer is used then a 12 inch layer of coarse material will be placed over the geosynthetic layer

mdash The top layer of the cap will be the vegetative cover This layer in combination with the drainage layer shall provide a minimum of 30 inches of fill material to provide frost protection A minimum of 18 inches of material (including at least 6 inches of top soil) shall be placed above the drainage layer to provide adequate water-holding capacity to attenuate rainfall infiltration to the drainage layer to sustain vegetation through dry periods and to provide sufficient thickness to allow for expected long-term erosion losses Deep rooted plants that could damage the drainage and barrier layers will not be allowed to grow on the cover A filter fabric may be placed between the top layer and the drainage layer to minimize fill material from clogging the drainage layer

mdash Surface water drainage controls will be constructed to minimize erosion during construction and to reduce erosion of the cap after construction to no more than 2 tons per acre per year As determined by the final NTCRA Design drainage channels will be installed in certain areas on the top and perimeter of the landfill cap to channel runoff away from the landfill Surface water drainage channels will be designed to manage the rainfall volume of a 25-year 24-hour storm event with freeboard and shall also be capable of handling a 100-year 24-hour storm event without overflow

SURFACE WATERS The point of compliance for any point source surface water releases resulting from this action consistent with the NCP shall be the point or points where the release enters the surface water body (Sandy Brook or Big Ledge Brook) Any point source discharge to a surface water body shall comply with the NPDES program under section 402 of the federal Clean Water Act and the Maine water quality standards and storm water discharge requirements The document Stormwater Management for Maine Best Management Practices (November 1995 MEDEP) shall be used as guidance for stormwater and the document Maine Erosion and Sediment Control Hanbook for Construction Best Management

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Practices (March 1991 Cumberland County Soil and Water Conservation District and Maine DEP) shall be used as guidance for erosion control

AIR The point of compliance for air consistent with che NCP shall be the point(s) of the maximum exposed individual considering reasonably expected use of the Site and surrounding area The maximum exposed individuals could include (I) adjacent residents (2) operation and maintenance personnel and (3) individuals working at the facility The passive gas venting system shall not allow for an unacceptable risk of exposure to the maximum exposed individuals by controlling and treating landfill gas if necessary The passive gas venting system shall be designed and constructed to comply with Attachment X of the Action Memo

LONG-TERM MONITORING A long-term monitoring program will be implemented to evaluate the performance of the NTCRA Surface water groundwater and sedimentsas appropriate shall be sampled as part of this program Long-term monitoring is expected to occur for at least thirty years

POST-REMOVAL SITE CONTROL Post-removal site control shall assure the long-term effectiveness of the cap and related systems for at least thirty years

INSTITUTIONAL CONTROLS Institutional Controls shall ensure the long-term integrity of the landfill cap and prevent future use of the groundwater impacted by the Site Deed restrictions andor other controls shall prohibit any activity at the Site which would interfere with or compromise the landfill cap or its related systems Such controls will also provide for EPA and MEDEP approval prior to the commencement of any future activities at the Site which may impact the landfill cap or its related systems

V NTCRA DESIGN

The Performing Respondent shall develop a final design for the selected NTCRA as described in the Action Memorandum and this SOW that meets the performance standards specified in Section IV of this SOW This section describes the Performing Respondents responsibilities for submitting deliverables and conducting project meetings during design

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A DELIVERABLE5

The Performing Respondent shall submit the following deliverables to EPA and the MEDEP during the design of the selected NTCRA pursuant to the schedule in Attachment A Any modification of the schedule in Attachment A shall be subject to EPA approval after a reasonable opportunity for review and comment by MEDEP Each submitted deliverable shall require EPA Approval after a reasonable opportunity for review and comment by MEDEP or Performing Respondents Certification whichever applies pursuant to the schedule in Attachment A and the procedures in Section XIV of the Order

1 DESIGN PROGRESS REPORTS

On the 15th calendar day of each month and until EPA approval of the 100 NTCRA Design the Performing Respondent shall submit Design Progress Reports to EPA and the MEDEP Design Progress Reports may be combined with the monthly progress reports required under the Administrative Order by Consent for Remedial InvestigationFeasibility Study (EPA Region I CERCLA Docket No I-CERCLA-95-1069) and shall be submitted with the Performing Respondents Certification The reports shall summarize all activities that have been conducted in the month preceding the Progress Report and those planned for the next two months The Progress Reports shall also identify problems encountered andor changes to the schedule and shall summarize the results of sampling and tests and other data received by the Performing Respondent

2 CONCEPTUAL DESIGN LETTER REPORT

In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit a Conceptual Design Letter Report to EPA and the MEDEP The Conceptual Design Letter Report shall be submitted by the Performing Respondents Certification and may include at a minimum

a an outline of the NTCRA Design

b a work plan for any pre-design studies

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c preliminary drawings of the 31 and 3-5 slope sections of the cap surface water controls and retention ponds in plan view and cross-section and

d The design basis for the composition and thickness of each layer of the cap presented in letter format including a determination of the appropriate gas control technology and supporting information and an estimate of settlement

3 100 DESIGN FOR SEDIMENT CONSOLIDATION

In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit the 100 Design for the sediment consolidation to EPA for Review and Approval after reasonable opportunity for review and comment by the MEDEP

4 100 NTCRA DESIGN

In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit the 100 NTCRA Design for EPA Review and Approval after reasonable opportunity for review and comment by the MEDEP Design plans for individual components of the NTCRA may be submitted separately from the cap design However the design submittal for the cap shall address 100 of the total design for each component of the NTCRA including but not limited to

a the Final Design Report including the design basis for each component and the associated plans and specifications in reproducible format

b Construction Quality Assurance Plan including sample construction quality assurance and quality control checklists draft construction -quality control and quality assurance tables and a list of testing requirements based upon EPA and MEDEP comments

c the results of any pre-design studies

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d final drawings of the 31 and 3-5 slope sections of the cap in plan view and cross section including surface drainage controls and retention ponds anchor trenches and the passive gas venting system

e a description of the design basis for each layer andor component of the NTCRA including settlement evaluation stability calculations and the HELP model assessment to evaluate infiltration through the cover system The stability assessment shall include an assessment of the stability of the cover system waste material and surrounding slopes Each key section of the stability analysis should include a discussion of the (1) performance criteria for each failure mode (2) soil conditions including loading and seepage conditions and (3) determination of factor of safety and indicate the slope failure mode The methods to perform the above analysis shall be presented

f a discussion of how all applicable or relevant and appropriate requirements (ARARs) identified in the Attachment X of the Action Memo will be addressed This discussion should

(1) specify the statute (2) specify the citation of the ARAR (3) identify if the ARAR is state or

federal (4) summarize the requirements of the ARAR (5) specify in detail the activities that

shall be conducted to comply with the ARAR and

(6) specify in detail the activities that shall be conducted to demonstrate compliance with the ARAR When sampling and analysis is conducted to demonstrate compliance the following shall be specified sampling locations sampling frequency sampling methods analytical methods quality assurance and quality control activities and statistical analysis andor modeling andor other data interpretation techniques

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g drawings on reproducible mylar

h the final NTCRA Technical Specifications which shall include at a minimum the items identified in Attachment D

i a Field Sampling Plan as specified in Attachment B and a Quality Assurance Project Plan as specified in Attachment C Although these documents will be submitted as part of the 100 design these documents must be submitted as separate freestanding deliverables to enable a separate concurrent review of these document by the Agencies along with the 100 design review

j With respect to the landfill cap the design shall include the construction quality assurance procedures required to demonstrate that the NTCRA was properly implemented This component shall include for example (I) checklists for establishing that the required tests and inspections were performed (2) standard operating procedures for all field and laboratory tests (3) the quality assurance and quality control plan for all field and laboratory tests (4) a process for obtaining EPA and MEDEP involvement in major and minor field changes and (5) erosion and sediment control plans The quality assurance component shall be based upon the following guidance documents Construction Quality Assurance for Hazardous Waste Land Disposal Facilities (EPA 530-SWshy86-031 October 1986 and Technical Guidance Document Quality Assurance and Quality Control for Waste Containment Facilities (EPA540R-93182 September 1993)

k A discussion of how any surface water point source discharge shall be evaluated

1 A discussion of how the ambient air shall be evaluated after the construction of the cap is complete to demonstrate that the landfill gas does not pose an unacceptable risk (an excess cancer risk greater than the 104 to 106 risk range or a non-carcinogenic hazard

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index greater than 1) to the maximum exposed individuals (as identified in Section IV of this SOW)

5 WINTER STABILIZATION PLAN

By October 30th of each field season prior to the approval of the Post-Removal Site Control Plan the Performing Respondent shall submit a Winter Stabilization Plan to EPA and MEDEP This plan shall describe the practices and procedures that will be used by the Performing Respondent to prevent erosion of the landfill and excessive sediment discharge to the surface water and wetlands until EPA approval of the Post-Removal Site Control Plan

6 INSTITUTIONAL CONTROL PLAN

The Performing Respondent shall submit a schedule and a workplan letter report for the implementation of the Institutional Controls required by the NTCRA within 60 days of the effective date of the Order As part of the Institutional Controls a deed restriction shall be placed on the Site property to prevent any use of the property that would interfere with or reduce the effectiveness of the NTCRA or any future response actions The deed restriction shall also prevent future use of the groundwater under the Site These institutional controls shall be implemented in a manner consistent with Attachment X of the Action Memo

B DESIGN PROJECT MEETINGS

The Performing Respondent and its Contractor shall periodically meet with EPA and the MEDEP during the design phase to discuss the status of the design present the results of any investigations and discuss any issues associated with the development of the design

At least one week prior to each such periodic meeting the Performing Respondent shall submit to EPA and the MEDEP as necessary (i) an agenda for the meeting (ii) a summary of the issues that will be discussed and (iii) any supporting information including any specific information required for the meeting as detailed below The following is a list of meetings to be held as necessary during the design phase

1 DESIGN KICK-OFF MEETING

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In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall schedule a design kickshyoff meeting The purpose of this meeting is to allow the EPA MEDEP and the Performing Respondents design teams to meet

2 CONCEPTUAL DESIGN MEETING

In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall hold a Conceptual Design Meeting During the Conceptual Design Meeting the Performing Respondent shall give a presentation of the Work Plan for Pre-Design Studies if needed and the conceptual design of the selected NTCRA based on any completed pre-design investigations and the Conceptual Design Letter Report

3 100 DESIGN MEETING FOR SEDIMENT CONSOLIDATION

In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall hold a 100 Sediment Consolidation Design Meeting At this meeting the Performing Respondent shall present the 100 design for these components of the NTCRA

4 100 NTCRA DESIGN MEETING

In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall hold two 100 NTCRA design meetings At the first meeting the Performing Respondent shall provide an overview of the design During the second meeting the Performing Respondent shall present any issues that have arisen from comments received on the 100 NTCRA design and options for resolving the issues

EPA may determine that any of such meetings are not necessary However EPA andor the Performing Respondent may also schedule additional meetings as necessary to discuss any issues that arise during design

VI NTCRA IMPLEMENTATION

The Performing Respondent shall implement the final design for the selected NTCRA as described in the Action Memorandum and this SOW that meets the performance standards specified in Section IV

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of this SOW This section describes the Performing Respondents responsibilities for conducting the NTCRA submitting deliverables and conducting project meetings during implementation of the NTCRA

A DELIVERABLES

The Performing Respondent shall submit the following deliverables to EPA and the MEDEP during implementation of the NTCRA pursuant to the schedule in Attachment A Any modification of the schedule in Attachment A is subject to EPA approval after a reasonable opportunity for review and comment by MEDEP Each submitted deliverable shall require EPA Approval or the Performing Respondents Certification whichever applies pursuant to the schedule in Attachment A and the procedures in Section XIV of the Administrative Order by Consent

1 NTCRA IMPLEMENTATION SCHEDULE

In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit a NTCRA Implementation Schedule for EPA Review and Approval after reasonable opportunity for review and comment by the MEDEP The NTCRA Implementation Schedule shall identify the major milestones for completion of the NTCRA including the commencement and completion of construction and the schedule for demonstrating compliance bull ith Section V(A) (4) (f) of the SOW The NTCRA Implementation Schedule shall also identify the key construction dates including the initiation and completion date of each component of the multi-layer cap The NTCRA Implementation Schedule shall also identify the projected dates of the Progress Meetings conducted during the NTCRA implementation including those required pursuant to Section VIB of this SOW

2 CONSTRUCTION DOCUMENT SUBMITTAL

In accordance with the schedule set forth in Attachment A to this SOW the Performing Respondent shall submit a copy of executed construction contract documents to EPA and MEDEP

3 HEALTH AND SAFETY PLAN

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In accordance with che Schedule set forth in Attachment A to this SOW the Performing Respondent shall submit a General Health and Safety Plan to EPA and MEDEP A site-specific Health and Safety Plan addressing NTCRA construction activities shall be submitted by the Performing Respondent prior to on-site construction activities The general and site-specific Health and Safety Plans shall each be submitted with Performing Respondents Certification

4 NTCRA IMPLEMENTATION PROGRESS REPORTS

On the 15th calendar day of each month during implementation of the NTCRA and until EPA approval of the Completion of Removal Action Report the Performing Respondent shall submit Progress Reports to EPA and the MEDEP The Progress Reports shall be submitted with Performing Respondents Certification The reports shall summarize all activities that have been conducted in the month preceding the Progress Report and those planned for the next two months The Progress Reports shall also

a identify the percent of NTCRA construction completed

b identify any problems encountered andor changes to the schedule

c summarize the results of all sampling and tests and all other data received by the Performing Respondent

d include photographs of the site activities Photographs shall be labeled with the date brief description of the activity weather conditions and directionorientation of the photograph and

e include the results of any monitoring conducted

After completion of all construction activities the Performing Respondent may upon EPA approval reduce the frequency of submission of the Progress Reports The Progress Reports may be combined with the monthly progress reports required under the Administrative Order by Consent

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for Remedial Investigation Feasibility Study (EPA Region I CERCLA Docket No I-CERCLA-95-1069)

5 POST-REMOVAL SITE CONTROL PLAN

In accordance with the schedule set forth in Attachment A to this SOW the Performing Respondent shall submit a Post-Removal Site Control Plan (PRSC Plan) for EPA Review and Approval after reasonable opportunity for review and comment by the MEDEP The PRSC Plan shall ensure the long-term continued effectiveness of each component of the NTCRA The PRSC Plan shall address at a minimum the following

a periodic evaluation of the stability of the cover system

b a description of normal operations and maintenance

c a description of potential operational problems with contingency plans

d an operational safety plan

e a description of equipment

f record keeping and reporting requirements

g periodic assessment of the passive landfill gas venting system

h periodic assessment of erosion controls and periodic settlement monitoring

i periodic assessmentand runoff

of surface water controls

j evaluation of Sandy Brook removal area

k periodic evaluation of vegetative growth and the identification of any erosion and

1 the impact of the cap on wetlands

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6 COMPLETION OF REMOVAL ACTION REPORTS

In accordance with the schedule set forth in Attachment A to this SOW the Performing Respondent shall submit the Completion of Removal Action and Demonstratioi of Compliance Report (jointly the Completion of Removal Action Report) for EPA Review and Approval after reasonable opportunity for review and comment by the MEDEP The Completion of Removal Action Report shall be submitted in two phases including first an Interim Completion of Removal Action Report and second a Final Completion of Removal Action Report

a The Interim Completion of Removal Action Report shall include at a minimum

(1) a synopsis of the work defined in the SOW and the 100 NTCRA Design and a synopsis of all work actually performed

(2) an explanation of any modifications to work in the SOW and the 100 NTCRA Design and why such modifications were necessary to implement the NTCRA

(3) drawings and specifications for all components of the NTCRA and

(4) a final inspection checklist

b The Final Completion of Removal Action Report shall include the categories of information specified in section 300165 of the NCP (OSC Reports) In addition the Final Completion of Removal Action Report shall follow EPA guidance for a Remedial Action Report OSWER Directive 93550-39FS June 1992 and shall include at a minimum

(1) all the data and information necessary to demonstrate compliance according to the approved NTCRA Design

(2) a certification that the NTCRA is operational and functional as designed that no further modifications are necessary to meet the performance standards and that no unacceptable air

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or surface water releases (from the cap only) are occurring or are expected to occur

(3) a detailed explanation as to how t^e Performing Respondent addressed each of the ARARs specifically identified as such in Attachment X of the Action Memo

(4) the final record (as built) plans and specification for the NTCRA and

(5) the conclusions of the data evaluation

B PROJECT MEETINGS

The Performing Respondent and their contractors shall periodically meet with EPA and the MEDEP during implementation of the NTCRA to discuss the status of the project present the results of any investigations and discuss any issues that arise At least one week prior to each such meeting the Performing Respondent shall submit to EPA and the MEDEP as necessary an agenda for the meeting a summary of the issues that will be discussed and any supporting information The following is a list of mandatory meetings that shall be conducted by the Performing Respondent

1 CONSTRUCTION MEETINGS

Unless otherwise agreed by EPA and MEDEP during the construction period the Performing Respondent and its construction contractor(s) shall meet MONTHLY with EPA and MEDEP regarding the progress and details of construction

2 SUBSTANTIAL COMPLETION INSPECTION MEETING

In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall schedule and conduct a Substantial Completion Inspection Meeting at the Site The Substantial Completion Inspection Meeting shall include EPA MEDEP and the Performing Respondents Project Coordinator and technical consultant

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3 FINAL INSPECTION MEETING

In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall schedule and conduct a Final Inspection Meeting at the Site This Final Inspection Meeting shall include participants from all parties involved in the NTCRA including but not limited to the Performing Respondent and its contractors EPA and the State

EPA may determine that any such meetings are not necessary EPA andor MEDEP andor the Performing Respondent may also schedule additional meetings as necessary to discuss any issues that arise during implementation of the NTCRA

VII POST-REMOVAL SITE CONTROL

The Performing Respondent shall initiate Post-Removal Site Control (PRSC) upon completion of construction of the NTCRA In accordance with the NTCRA schedule (Attachment A) the Performing Respondent shall submit a PRSC plan for EPA approval after a reasonable opportunity for review and comment by MEDEP PRSC shall continue for at least thirty years

Progress Reports shall be submitted throughout the period of PRSC PRSC Progress Reports shall contain a list of all PRSC activities that were performed in the time period since the previous PRSC Progress Report and those PRSC activities that will be performed in the time period until the next PRSC Progress Report In addition PRSC Progress Reports shall include a summary of the results of any PRSC tests or evaluations completed since the last report

PRSC reports shall be submitted quarterly for the first two years following approval of the PRSC plan by EPA after a reasonable opportunity for review and comment by MEDEP For the next 8 years PRSC reports shall be submitted semishyannually in June and November of each year Thereafter PRSC reports shall be submitted annually in November The PRSC reports shall include a discussion of the condition of the NTCRA components and shall identify any corrective measures that have been or need to be installed In particular the condition of the landfill vegetative cover and surface water controldrainage systems shall be discussed

- 19 shy

VIII LONG-TERM MONITORING

In accordance with the schedule set forth in Attachment A to the SOW the Perform g Respondent shall submit a Long-Term Monitoring Plan for EPA Review and Approval after reasonable opportunity for review and comment by MEDEP The objective of the Long-Term Monitoring Plan shall be to evaluate the long-term changes in groundwater surface water and sediment concentrations to assess the effectiveness of the NTCRA The Long-Term Monitoring Plan may also include measures to assess the compliance of the landfill passive gas venting control system and the surface water and sediment control systems The data collected as part of the RIFS Order may be consolidated as a substitute for this data

The Performing Respondent shall initiate the long-term monitoring upon EPA approval of the Long-Term Monitoring Report and continue to perform long-term monitoring of the Site for at least thirty years after EPA approval of the Completion of Removal Action Report Any modifications to these requirements should be made in a manner consistent with Paragraph 111 of the Order

- 20 shy

ATTACHMENT A NTCRA SCHEDULE

DeliverableMeeting Due Date

Kick-off meeting between EPA MEDEP and Design Contractor

Design Progress Reports

Submit Conceptual Design Letter Report to EPA and MEDEP

Final Design Meeting for Sediment Consolidation

Submit draft 100 Sediment Consolidation Design

Conceptual Design Meeting

Monthly Project Mtg

Institutional Control Plan

Submit 100 NTCRA Design

100 NTCRA Design Meeting

Health and Safety Plan for Construction Activities

Second 100 Design Meeting

NTCRA Implementation Schedule

Revised 100 Design Construction Document Submittal

NTCRA Implementation Progress Reports

Construction Meetings

Post-Removal Site Control Plan

Held on December 18 1996

15th calendar day of each month until EPA approval of 100 NTCRA Design

Submitted December 15 1996



Held January 9 1997

To be set by EPA

within 60 days of the effective date of the NTCRA Order

February 28 1997

March 21 1997

No later than May 16 1997


No later than June 13 1997


15th calendar day of each month after EPA approval of 100 NTCRA Design until approval of the Completion of Removal Action Report

Once per month during NTCRA construction activities

July 15 1997

Attachment A - 1

Submit Long-Term Monitoring Plan to EPA and MEDEP

Substantial Completion InspectionMeeting

Winter Stabilization Plan

Interim Completion of Removal Action Report

Final Completion of Removal Action Report

Final Inspection

Post-Removal Site Control Progress Reports

No later than December 1 1997

No later than December ]5 1997

By 30th of October of each year until EPA approval of the Post-Removal Site Control Plan

30 days prior to Substantial Completion Inspection Meeting

Within 120 days of the Substantial Completion Inspection


Quarterly for the 1st two years after approval of PRSC Plan(to be submitted in March June September and December of each year) for the next eight years semishyannually in June and November of each year Thereafter annually in November

Attachment A - 2

ATTACHMENT B

FIELD SAMPLING PLAN COMPONENT OF THE NTCRA 100 DESIGN

The overall objectives of the Field Sampling Plan (FSP) are as follows

1 to document specific objectives procedures and rationales for fieldwork and sample analytical work

2 to ensure that sampling and analysis activities are necessary and sufficient and

3 to provide a common point of reference for all parties to ensure the comparability and compatibility of all objectives and the sampling and analysis activities

The following critical elements of the FSP shall be described for each sample medium as necessary (eg ground water surface water soil sediment air and biota) and for each sampling event

1 sampling objectives (iedemonstration of attainment five year review etc)

2 data quality objectives including data uses and the rationale for the selection of analytical levels and detection limits (see Data Quality Objectives Development Guidance for Uncontrolled Hazardous Waste Site Remedial Response Activities OSWER Directive 935507 March 1987) Also Guidance for Data Useability in Risk Assessment EPA540G-90-008 October 1990

3 site background update including an evaluation of the validity sufficiency and sensitivity of existing data

4 sampling locations and rationale

5 sampling procedures and rationale and references

6 numbers of samples and justification

7 numbers of field blanks trip blanks and duplicates

Attachment B - 1

8 sample media (eg ground water surface war soil sediment air and buildings facilities and structures including surfaces structural materials and residue)

9 sample equipment containers minimum sample quantities sample preservation techniques maximum holding times

10 instrumentation and procedures for the calibration and use of portable air soil- or water-monitoring equipment to be used in the field

11 chemical and physical parameters in the analysis of each sample

12 chain-of-custody procedures must be clearly stated (see EPA NEIC Policies and Procedures Manual EPA 3309-78shy001-R May 1978 revised May 1986

13 procedures to eliminate cross-contamination of samples (such as dedicated equipment)

14 sample types including collection methods and if field and laboratory analyses will be conducted

15 laboratory analytical procedures equipment and detection limits

16 equipment decontamination procedures

The FSP must establish the framework for all anticipated field activities (eg sampling objectives evaluation of existing data standard operating procedures) and contain specific information on each round of field sampling and analysis work (eg sampling locations and rationale sample numbers and rationale analyses of samples) During the NTCRA the FSP shall be revised as necessary to cover each round of field or laboratory activities Revisions or a statement regarding the need for revisions shall be included in each deliverable describing all new field work

The FSP shall include provisions requiring notification of EPA and the MEDEP at a minimum four weeks before field sampling events The Performing Respondent shall provide EPA and MEDEP at least one week notice for non-analytical engineering analysis samples The FSP shall also allow split replicate or duplicate samples to be taken by EPA

Attachment B - 2

(or their contractor personnel) MEDEP and by other parties authorized by EPA At the request of EPA or MEDEP the Performing Respondent shall provide these samples in appropriately pre-cleaned containers to the government representatives Identical procedures shall be used t_raquo collect the Performing Respondents samples and the parallel samples unless otherwise specified by EPA or MEDEP The following guidance documents shall be followed in developing the FSP including

1 Guidance for Conducting Remedial Investigations and Feasibility Studies Under CERCLA (OSWER Directive 93553-01 EPA540G-89004 October 1988)

2 Data Quality Objectives for Remedial Response Activities Development Process EPA540G-87003 (OSWER Directive 93550-7B March 1987)

3 Data Quality Objectives for Remedial Response Activities example scenario RIFS Activities at a site with contaminated Soil and Ground Water (OSWER Directive 93550-7B EPA540G-87002 March 1987)

4 Test Methods for Evaluating Solid Waste PhysicalChemical Method (EPA Pub SW-846 Third Edition)

5 Analytical methods as specified in CFR 40 CFR Parts 136 14123 14124 and 14125 and Agency manuals documenting these methods

6 Statement of Works for Inorganic and Organic Analyses EPA Contract Laboratory Program

7 Guidance for Data Useability in Risk Assessment EPA540G-90-008 October 1990 and

8 Ecological Assessment of Hazardous Waste Sites A Field and Laboratory Reference EPA6003-89013 March 1989

Attachment B - 3

ATTACHMENT C

QUALITY ASSURANCE PLAN FOR THE NTCRA 100 DESIGN

The Quality Assurance Project Plan (QAPjP) shall document in writing site-specific objectives policies organizations functional activities and shall specify quality assurancequality control (QAQC) activities designed to achieve the data quality objectives (DQOs) of the NTCRA The QAPjP developed for this project shall document QAQC policies procedure routines and specifications All project activities throughout the NTCRA shall comply with the QAPjP All QAPjP and sampling and analysis objectives and procedures shall be consistent with Interim Guidelines and Specifications for Preparing Quality Assurance Project Plans (EPA 1983 - EPA QAMS- 00580 1980) All analytical methods shall be consistent with applicable EPA analytical protocols and methods

The 16 basic elements of the QAPjP plan are

1 title page with provision for approval signatures of principal investigators

2 table of contents

3 project description

4 project organization and responsibility

5 quality assurance objectives for measurement data in terms of precision accuracy completeness representativeness and comparability

6 sampling procedures

7 sample custody

8 calibration procedures and frequency

9 analytical procedures which must be EPA approved or equivalent methods

10 data reduction validation and reporting

11 internal quality control checks and frequency

Attachment C - 1

12 performance and system audits and frequency

13 preventive maintenance procedures and schedules

14 specific routine procedures to be used to assess the precision accuracy and completeness of data and to assess specific measurement parameters involved

15 corrective action and

16 quality assurance reports to management

As indicated in EPAQAMS-00580 the above list of essential elements must be considered in the QAPjP for the NTCRA If a particular element is deemed not relevant to the project the reasons for such determination must be provided

Information in a plan other than the QAPjP may be cross-referenced clearly in the QAPjP provided that all objectives procedures and rationales in the documents are consistent and the reference material fulfills the requirements of EPAQAMS-00580 Examples of how this cross-reference might be accomplished can be found in the Data Quality Objectives for Remedial Response Activities Development Process EPA5406-87OQ3 (OSWER Directive 93550-7B) March 1987 and the Data Quality Objectives for Remedial Response Activities Example Scenario EPA540Gshy87004 (OSWER Directive 93550-7B) March 1987 EPA-approved analytical methods or alternative methods approved by EPA shall be used and their corresponding EPA-approved guidelines shall be applied when they are available and applicable

The QAQC for any laboratory used during the NTCRA shall be included in the QAPjP When this work is performed by a contractor to the Performing Respondent each laboratory performing chemical analyses shall meet the following requirements

1 be approved by the State Laboratory Evaluation Program if available

2 have successful performance in one of EPAs National Proficiency Sample Programs (ie Water Supply or Water Pollution Studies or the States proficiency sampling program)

Attachment C - 2

3 be familiar with the requirements of 48 CFR Part 1546 contract requirements for quality assurance and

4 have a QAPjP for the laboratory including all relevant analysis This plan shall be referenced as part of the contractors QAPjP

The Performing Respondent shall certify that all validation of data was performed by an independent person according to Region Is Laboratory Data Validation Functional Guidelines for Evaluating Organic and Inorganic Analyses (amended as necessary to account for the differences between the approved analytical methods for the project and the Contract Laboratory Procedures (CLP) These approved methods shall be contained in the QAPjP The independent person shall not be the laboratory conducting the analyses and should be a person familiar with EPA Region I data validating procedures The independent person performing the validation shall insure that the data packages are complete and all discrepancies have been resolved if possible and the appropriate data qualifiers have been applied The Performing Respondent shall keep the complete data package and make it available to EPA and the MEDEP on request The complete data package must include the following

o Narrative stating method used and explanation of any problems

o Tabulated summary forms for samples standards and QC

o Raw data for samples standards and QC o Sample preparation logs and notebook pages o Sample analysis logs andor notebook pages o Chain of custody sample tags o An example calculation for every method per

matrix

Attachment C - 3

ATTACHMENT D

GENERAL REQUIREMENTS FOR THE TECHNICAL SPECIFICATIONS COMPONENT OF THE NTCRA DESIGN

The general requirements section of the technical specification shall describe how the Performing Respondent will manage the project to complete the NTCRA as required under the SOW and the Order As part of the technical specifications the Performing Respondent shall require the following tasks

1 provide for the security of government and private property on the Site

2 estrict unauthorized entry to the Site which might result in exposure of persons to potentially hazardous conditions

3 establish the location of a field office for on-site activities

4 provide contingency and notification plans for potentially dangerous activities associated with the NTCRA

5 monitor airborne contaminants released by Site activities which may affect the local populations

6 communicate to EPA MEDEP and the public the organization and management of the NTCRA including key personnel and their responsibilities

7 provide a list of Performing Respondents contractors and subcontractors and description of their activities and roles

8 provide for the proper disposal of materials used and wastes generated during the NTCRA (eg drill cutting extracted ground water protective clothing disposable equipment) These provisions shall be consistent with the off-site disposal requirements of CERCLA sect 121(d)(3) RCRA and applicable state laws The Performing Respondent or their authorized representative or another party acceptable to EPA and MEDEP shall be identified as the generator of wastes for the purpose of regulatory or policy compliance

Attachment D - 1

9 provide a description of the project staff and communication strategy

10 provide the mechanism for identifying and notifying EPA and MEDEP of non-conformance with the design and ixeld change requests and

11 provide traffic controls and community notification strategy

Attachment D - 2

barcode 5302

barcodetext SDMS Doc ID 5302

Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Site Page i

TABLE OF CONTENTS

I JURISDICTION 1

II PARTIES BOUND 2

III DEFINITIONS 4

IV EPAS AND MAINE PEPS FINDINGS OF FACT 11

V EPAS AND MAINE PEPS DETERMINATIONS 22

VI ORDpoundR 25

VII REMOVAL WORK TO BE PERFORMED COMPLETION OF WORK 25

VIII COORDINATION AND COOPERATION WITH OTHER RESPONSE ACTIONS 28

IX ENGAGEMENT OF THE CITYS CONSULTANT AND CONTRACTOR AND PROJECT COORDINATOR 29

X DESIGNATION OF GOVERNMENT COORDINATORS 32

XI PLACE AND MANNER OF NOTICE 33

XII OBSERVATION OF THE CITYS ACTIVITIES 34

XIII NECESSITY OF FORMAL APPROVAL 35

XIV DELIVERABLES SUBMITTED TO EPA AND THE MAINE PEP 36

XV MONTHLY PROGRESS REPORTS AND MEETINGS 42

XVI QUALITY ASSURANCEQUALITY CONTROL HEALTH AND SAFETY COMPLIANCE 43

XVII SPLIT SAMPLING 44

XVIII RECORD PRESERVATION 45



XX SITE ACCESS 48



























I JURISDICTION





















Administrative Order By Consent for Removal Action Saco Municipal Landfill Superfund Sita









II PARTIES BOUND















they represent





























Respondents)

III DEFINITIONS



































102 and 104













amendments thereto




































Oversight Costs




Respondents









NTCRA











date of this Order















Maine
















by a Roman numeral




















































































































































Fed Reg 6154)









progress


















ER-L)



















monitoring wells





























































sect 1362(3) (1989 amp Supp 1997)





sect 1362(1) (1989 amp Supp 1997)























Supp 1997)































VI ORDER
















































































































































under this Order



















in the RPM or GSC























































request













































































modifications
















































Coordinator

























































XVII SPLIT SAMPLING



















































































the City

XX SITE ACCESS






































of Paragraph 82












































XXIX

























govern





the SOW




























































of the RPM








































subcontractor






Order















































cover letter to



Pittsburgh PA 15251






















































this Section








































the event









































XXX STIPULATED
















Paragraphs 92 or 93









pursuant to the SOW
















































Pittsburgh PA 15251






































due










Attn Mr Leon J Bien

















349 1365 1366 and 1367 (1989 and Supp 1997)

















































































action








































following






























following


























































to this Order




























































113(h) of CERCLA



























representatives






Order












Resolution











XXXXIV TERMINATION







Removal Action












fa



By






May 27 1997

Date



By gt 1997





May 21 1997 Date


NIKE INC



ZENECA INC

61097




Wilmlngotn PR

Tel(302) 886-3244


SACO DEFENSE INC








BEMIS COMPANY INC



CITY OF SACO MAINE



STATE OF MAINE

By



APPENDIX B





II DEFINITIONS




















- 2 shy












- 3 shy









- 4 shy







- 5 shy





- 6 shy






V NTCRA DESIGN


- 7 shy

A DELIVERABLE5








- 8 shy





4 100 NTCRA DESIGN





- 9 shy








- 10 shy







- 11 shy










- 12 shy











- 13 shy


A DELIVERABLES







- 14 shy










- 15 shy

















- 16 shy











- 17 shy





B PROJECT MEETINGS






- 18 shy








- 19 shy




- 20 shy









Monthly Project Mtg
















Held January 9 1997

To be set by EPA


February 28 1997

March 21 1997







July 15 1997

Attachment A - 1






Final Inspection









Attachment A - 2

ATTACHMENT B














Attachment B - 1












Attachment B - 2










Attachment B - 3

ATTACHMENT C





2 table of contents





7 sample custody





Attachment C - 1











Attachment C - 2







matrix

Attachment C - 3

ATTACHMENT D











Attachment D - 1




Attachment D - 2

barcode 5302




XX SITE ACCESS 48



























I JURISDICTION






























II PARTIES BOUND















they represent





























Respondents)

III DEFINITIONS



































102 and 104













amendments thereto




































Oversight Costs




Respondents









NTCRA











date of this Order















Maine
















by a Roman numeral




















































































































































Fed Reg 6154)









progress


















ER-L)



















monitoring wells





























































sect 1362(3) (1989 amp Supp 1997)





sect 1362(1) (1989 amp Supp 1997)























Supp 1997)































VI ORDER
















































































































































under this Order



















in the RPM or GSC























































request













































































modifications
















































Coordinator

























































XVII SPLIT SAMPLING



















































































the City

XX SITE ACCESS






































of Paragraph 82












































XXIX

























govern





the SOW




























































of the RPM








































subcontractor






Order















































cover letter to



Pittsburgh PA 15251






















































this Section








































the event









































XXX STIPULATED
















Paragraphs 92 or 93









pursuant to the SOW
















































Pittsburgh PA 15251






































due










Attn Mr Leon J Bien

















349 1365 1366 and 1367 (1989 and Supp 1997)

















































































action








































following






























following


























































to this Order




























































113(h) of CERCLA



























representatives






Order












Resolution











XXXXIV TERMINATION







Removal Action












fa



By






May 27 1997

Date



By gt 1997





May 21 1997 Date


NIKE INC



ZENECA INC

61097




Wilmlngotn PR

Tel(302) 886-3244


SACO DEFENSE INC








BEMIS COMPANY INC



CITY OF SACO MAINE



STATE OF MAINE

By



APPENDIX B





II DEFINITIONS




















- 2 shy












- 3 shy









- 4 shy







- 5 shy





- 6 shy






V NTCRA DESIGN


- 7 shy

A DELIVERABLE5








- 8 shy





4 100 NTCRA DESIGN





- 9 shy








- 10 shy







- 11 shy










- 12 shy











- 13 shy


A DELIVERABLES







- 14 shy










- 15 shy

















- 16 shy











- 17 shy





B PROJECT MEETINGS






- 18 shy








- 19 shy




- 20 shy









Monthly Project Mtg
















Held January 9 1997

To be set by EPA


February 28 1997

March 21 1997







July 15 1997

Attachment A - 1






Final Inspection









Attachment A - 2

ATTACHMENT B














Attachment B - 1












Attachment B - 2










Attachment B - 3

ATTACHMENT C





2 table of contents





7 sample custody





Attachment C - 1











Attachment C - 2







matrix

Attachment C - 3

ATTACHMENT D











Attachment D - 1




Attachment D - 2

barcode 5302









I JURISDICTION






























II PARTIES BOUND















they represent





























Respondents)

III DEFINITIONS



































102 and 104













amendments thereto




































Oversight Costs




Respondents









NTCRA











date of this Order















Maine
















by a Roman numeral




















































































































































Fed Reg 6154)









progress


















ER-L)



















monitoring wells





























































sect 1362(3) (1989 amp Supp 1997)





sect 1362(1) (1989 amp Supp 1997)























Supp 1997)































VI ORDER
















































































































































under this Order



















in the RPM or GSC























































request













































































modifications
















































Coordinator

























































XVII SPLIT SAMPLING



















































































the City

XX SITE ACCESS






































of Paragraph 82












































XXIX

























govern





the SOW




























































of the RPM








































subcontractor






Order















































cover letter to



Pittsburgh PA 15251






















































this Section








































the event









































XXX STIPULATED
















Paragraphs 92 or 93









pursuant to the SOW
















































Pittsburgh PA 15251






































due










Attn Mr Leon J Bien

















349 1365 1366 and 1367 (1989 and Supp 1997)

















































































action








































following






























following


























































to this Order




























































113(h) of CERCLA



























representatives






Order












Resolution











XXXXIV TERMINATION







Removal Action












fa



By






May 27 1997

Date



By gt 1997





May 21 1997 Date


NIKE INC



ZENECA INC

61097




Wilmlngotn PR

Tel(302) 886-3244


SACO DEFENSE INC








BEMIS COMPANY INC



CITY OF SACO MAINE



STATE OF MAINE

By



APPENDIX B





II DEFINITIONS




















- 2 shy












- 3 shy









- 4 shy







- 5 shy





- 6 shy






V NTCRA DESIGN


- 7 shy

A DELIVERABLE5








- 8 shy





4 100 NTCRA DESIGN





- 9 shy








- 10 shy







- 11 shy










- 12 shy











- 13 shy


A DELIVERABLES







- 14 shy










- 15 shy

















- 16 shy











- 17 shy





B PROJECT MEETINGS






- 18 shy








- 19 shy




- 20 shy









Monthly Project Mtg
















Held January 9 1997

To be set by EPA


February 28 1997

March 21 1997







July 15 1997

Attachment A - 1






Final Inspection









Attachment A - 2

ATTACHMENT B














Attachment B - 1












Attachment B - 2










Attachment B - 3

ATTACHMENT C





2 table of contents





7 sample custody





Attachment C - 1











Attachment C - 2







matrix

Attachment C - 3

ATTACHMENT D











Attachment D - 1




Attachment D - 2

barcode 5302











II PARTIES BOUND















they represent





























Respondents)

III DEFINITIONS
































Administrative Order By Consent for Removal Action Saco Municipal Landfill Super-fund Site



102 and 104













amendments thereto




































Oversight Costs




Respondents









NTCRA











date of this Order















Maine
















by a Roman numeral




















































































































































Fed Reg 6154)









progress


















ER-L)



















monitoring wells





























































sect 1362(3) (1989 amp Supp 1997)





sect 1362(1) (1989 amp Supp 1997)























Supp 1997)































VI ORDER
















































































































































under this Order



















in the RPM or GSC























































request













































































modifications
















































Coordinator

























































XVII SPLIT SAMPLING



















































































the City

XX SITE ACCESS






































of Paragraph 82












































XXIX

























govern





the SOW




























































of the RPM








































subcontractor






Order















































cover letter to



Pittsburgh PA 15251






















































this Section








































the event









































XXX STIPULATED
















Paragraphs 92 or 93









pursuant to the SOW
















































Pittsburgh PA 15251






































due










Attn Mr Leon J Bien

















349 1365 1366 and 1367 (1989 and Supp 1997)

















































































action








































following






























following


























































to this Order




























































113(h) of CERCLA



























representatives






Order












Resolution











XXXXIV TERMINATION







Removal Action












fa



By






May 27 1997

Date



By gt 1997





May 21 1997 Date


NIKE INC



ZENECA INC

61097




Wilmlngotn PR

Tel(302) 886-3244


SACO DEFENSE INC








BEMIS COMPANY INC



CITY OF SACO MAINE



STATE OF MAINE

By



APPENDIX B





II DEFINITIONS




















- 2 shy












- 3 shy









- 4 shy







- 5 shy





- 6 shy






V NTCRA DESIGN


- 7 shy

A DELIVERABLE5








- 8 shy





4 100 NTCRA DESIGN





- 9 shy








- 10 shy







- 11 shy










- 12 shy











- 13 shy


A DELIVERABLES







- 14 shy










- 15 shy

















- 16 shy











- 17 shy





B PROJECT MEETINGS






- 18 shy








- 19 shy




- 20 shy









Monthly Project Mtg
















Held January 9 1997

To be set by EPA


February 28 1997

March 21 1997







July 15 1997

Attachment A - 1






Final Inspection









Attachment A - 2

ATTACHMENT B














Attachment B - 1












Attachment B - 2










Attachment B - 3

ATTACHMENT C





2 table of contents





7 sample custody





Attachment C - 1











Attachment C - 2







matrix

Attachment C - 3

ATTACHMENT D











Attachment D - 1




Attachment D - 2

barcode 5302




they represent





























Respondents)

III DEFINITIONS



































102 and 104













amendments thereto




































Oversight Costs




Respondents









NTCRA











date of this Order















Maine
















by a Roman numeral




















































































































































Fed Reg 6154)









progress


















ER-L)



















monitoring wells





























































sect 1362(3) (1989 amp Supp 1997)





sect 1362(1) (1989 amp Supp 1997)























Supp 1997)































VI ORDER
















































































































































under this Order



















in the RPM or GSC























































request













































































modifications
















































Coordinator

























































XVII SPLIT SAMPLING



















































































the City

XX SITE ACCESS






































of Paragraph 82












































XXIX

























govern





the SOW




























































of the RPM








































subcontractor






Order















































cover letter to



Pittsburgh PA 15251






















































this Section








































the event









































XXX STIPULATED
















Paragraphs 92 or 93









pursuant to the SOW
















































Pittsburgh PA 15251






































due










Attn Mr Leon J Bien

















349 1365 1366 and 1367 (1989 and Supp 1997)

















































































action








































following






























following


























































to this Order




























































113(h) of CERCLA



























representatives






Order












Resolution











XXXXIV TERMINATION







Removal Action












fa



By






May 27 1997

Date



By gt 1997





May 21 1997 Date


NIKE INC



ZENECA INC

61097




Wilmlngotn PR

Tel(302) 886-3244


SACO DEFENSE INC








BEMIS COMPANY INC



CITY OF SACO MAINE



STATE OF MAINE

By



APPENDIX B





II DEFINITIONS




















- 2 shy












- 3 shy









- 4 shy







- 5 shy





- 6 shy






V NTCRA DESIGN


- 7 shy

A DELIVERABLE5








- 8 shy





4 100 NTCRA DESIGN





- 9 shy








- 10 shy







- 11 shy










- 12 shy











- 13 shy


A DELIVERABLES







- 14 shy










- 15 shy

















- 16 shy











- 17 shy





B PROJECT MEETINGS






- 18 shy








- 19 shy




- 20 shy









Monthly Project Mtg
















Held January 9 1997

To be set by EPA


February 28 1997

March 21 1997







July 15 1997

Attachment A - 1






Final Inspection









Attachment A - 2

ATTACHMENT B














Attachment B - 1












Attachment B - 2










Attachment B - 3

ATTACHMENT C





2 table of contents





7 sample custody





Attachment C - 1











Attachment C - 2







matrix

Attachment C - 3

ATTACHMENT D











Attachment D - 1




Attachment D - 2

barcode 5302











Respondents)

III DEFINITIONS



































102 and 104













amendments thereto




































Oversight Costs




Respondents









NTCRA











date of this Order















Maine
















by a Roman numeral




















































































































































Fed Reg 6154)









progress


















ER-L)



















monitoring wells





























































sect 1362(3) (1989 amp Supp 1997)





sect 1362(1) (1989 amp Supp 1997)























Supp 1997)































VI ORDER
















































































































































under this Order



















in the RPM or GSC























































request













































































modifications
















































Coordinator

























































XVII SPLIT SAMPLING



















































































the City

XX SITE ACCESS






































of Paragraph 82












































XXIX

























govern





the SOW




























































of the RPM








































subcontractor






Order















































cover letter to



Pittsburgh PA 15251






















































this Section








































the event









































XXX STIPULATED
















Paragraphs 92 or 93









pursuant to the SOW
















































Pittsburgh PA 15251






































due










Attn Mr Leon J Bien

















349 1365 1366 and 1367 (1989 and Supp 1997)

















































































action








































following






























following


























































to this Order




























































113(h) of CERCLA



























representatives






Order












Resolution











XXXXIV TERMINATION







Removal Action












fa



By






May 27 1997

Date



By gt 1997





May 21 1997 Date


NIKE INC



ZENECA INC

61097




Wilmlngotn PR

Tel(302) 886-3244


SACO DEFENSE INC








BEMIS COMPANY INC



CITY OF SACO MAINE



STATE OF MAINE

By



APPENDIX B





II DEFINITIONS




















- 2 shy












- 3 shy









- 4 shy







- 5 shy





- 6 shy






V NTCRA DESIGN


- 7 shy

A DELIVERABLE5








- 8 shy





4 100 NTCRA DESIGN





- 9 shy








- 10 shy







- 11 shy










- 12 shy











- 13 shy


A DELIVERABLES







- 14 shy










- 15 shy

















- 16 shy











- 17 shy





B PROJECT MEETINGS






- 18 shy








- 19 shy




- 20 shy









Monthly Project Mtg
















Held January 9 1997

To be set by EPA


February 28 1997

March 21 1997







July 15 1997

Attachment A - 1






Final Inspection









Attachment A - 2

ATTACHMENT B














Attachment B - 1












Attachment B - 2










Attachment B - 3

ATTACHMENT C





2 table of contents





7 sample custody





Attachment C - 1











Attachment C - 2







matrix

Attachment C - 3

ATTACHMENT D











Attachment D - 1




Attachment D - 2

barcode 5302

























102 and 104













amendments thereto




































Oversight Costs




Respondents









NTCRA











date of this Order















Maine
















by a Roman numeral




















































































































































Fed Reg 6154)









progress


















ER-L)



















monitoring wells





























































sect 1362(3) (1989 amp Supp 1997)





sect 1362(1) (1989 amp Supp 1997)























Supp 1997)































VI ORDER
















































































































































under this Order



















in the RPM or GSC























































request













































































modifications
















































Coordinator

























































XVII SPLIT SAMPLING



















































































the City

XX SITE ACCESS






































of Paragraph 82












































XXIX

























govern





the SOW




























































of the RPM








































subcontractor






Order















































cover letter to



Pittsburgh PA 15251






















































this Section








































the event









































XXX STIPULATED
















Paragraphs 92 or 93









pursuant to the SOW
















































Pittsburgh PA 15251






































due










Attn Mr Leon J Bien

















349 1365 1366 and 1367 (1989 and Supp 1997)

















































































action








































following






























following


























































to this Order




























































113(h) of CERCLA



























representatives






Order












Resolution











XXXXIV TERMINATION







Removal Action












fa



By






May 27 1997

Date



By gt 1997





May 21 1997 Date


NIKE INC



ZENECA INC

61097




Wilmlngotn PR

Tel(302) 886-3244


SACO DEFENSE INC








BEMIS COMPANY INC



CITY OF SACO MAINE



STATE OF MAINE

By



APPENDIX B





II DEFINITIONS




















- 2 shy












- 3 shy









- 4 shy







- 5 shy





- 6 shy






V NTCRA DESIGN


- 7 shy

A DELIVERABLE5








- 8 shy





4 100 NTCRA DESIGN





- 9 shy








- 10 shy







- 11 shy










- 12 shy











- 13 shy


A DELIVERABLES







- 14 shy










- 15 shy

















- 16 shy











- 17 shy





B PROJECT MEETINGS






- 18 shy








- 19 shy




- 20 shy









Monthly Project Mtg
















Held January 9 1997

To be set by EPA


February 28 1997

March 21 1997







July 15 1997

Attachment A - 1






Final Inspection









Attachment A - 2

ATTACHMENT B














Attachment B - 1












Attachment B - 2










Attachment B - 3

ATTACHMENT C





2 table of contents





7 sample custody





Attachment C - 1











Attachment C - 2







matrix

Attachment C - 3

ATTACHMENT D











Attachment D - 1




Attachment D - 2

barcode 5302
































Oversight Costs




Respondents









NTCRA











date of this Order















Maine
















by a Roman numeral




















































































































































Fed Reg 6154)









progress


















ER-L)



















monitoring wells





























































sect 1362(3) (1989 amp Supp 1997)





sect 1362(1) (1989 amp Supp 1997)























Supp 1997)































VI ORDER
















































































































































under this Order



















in the RPM or GSC























































request













































































modifications
















































Coordinator

























































XVII SPLIT SAMPLING



















































































the City

XX SITE ACCESS






































of Paragraph 82












































XXIX

























govern





the SOW




























































of the RPM








































subcontractor






Order















































cover letter to



Pittsburgh PA 15251






















































this Section








































the event









































XXX STIPULATED
















Paragraphs 92 or 93









pursuant to the SOW
















































Pittsburgh PA 15251






































due










Attn Mr Leon J Bien

















349 1365 1366 and 1367 (1989 and Supp 1997)

















































































action








































following






























following


























































to this Order




























































113(h) of CERCLA



























representatives






Order












Resolution











XXXXIV TERMINATION







Removal Action












fa



By






May 27 1997

Date



By gt 1997





May 21 1997 Date


NIKE INC



ZENECA INC

61097




Wilmlngotn PR

Tel(302) 886-3244


SACO DEFENSE INC








BEMIS COMPANY INC



CITY OF SACO MAINE



STATE OF MAINE

By



APPENDIX B





II DEFINITIONS




















- 2 shy












- 3 shy









- 4 shy







- 5 shy





- 6 shy






V NTCRA DESIGN


- 7 shy

A DELIVERABLE5








- 8 shy





4 100 NTCRA DESIGN





- 9 shy








- 10 shy







- 11 shy










- 12 shy











- 13 shy


A DELIVERABLES







- 14 shy










- 15 shy

















- 16 shy











- 17 shy





B PROJECT MEETINGS






- 18 shy








- 19 shy




- 20 shy









Monthly Project Mtg
















Held January 9 1997

To be set by EPA


February 28 1997

March 21 1997







July 15 1997

Attachment A - 1






Final Inspection









Attachment A - 2

ATTACHMENT B














Attachment B - 1












Attachment B - 2










Attachment B - 3

ATTACHMENT C





2 table of contents





7 sample custody





Attachment C - 1











Attachment C - 2







matrix

Attachment C - 3

ATTACHMENT D











Attachment D - 1




Attachment D - 2

barcode 5302


administrative order by consent (aoc) for removal … · 2020. 12. 22. · administrative order by...

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