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o00000-BEFORE THEI L\ ., - -- 'IIIOHIO ENVIRONMENTAL PROTECTION AGENCY' -' In the Matter of:AT&T GLOBAL INFORMATIONSOLUTIONS COMPANY1770 S PATTERSON BLVDDAYTON OH 45479CARGILL INCORPORATED3201 NEEDMORE ROADDAYTON OH 45413DIRECTOR'SFINAL FINDINGS & ORDERSDAYTON WALTHER CORPORATIONC/o KBLSEY-HAYESGROUP OF COMPANIES11878 HUBBARD DRIVELIVONIA, MI 48150DURIRON COMPANY, ING.PO BOX 8820DAYTON OH 45404GENERAL MOTORS CORPNEW CENTER ONE BLDG3031 WEST GRAND BLVDPO BOX 33122DETROIT MI 48232PEERLESS TRANSPORTATION COMPANY1440 MIAMI CHAPEL ROADDAYTON OH 45402STANDARD REGISTER COMPANY600 ALBANY STREETDAYTON OH 45401-1167:::::::I certify'this to be a Hue and accurate copy of th«.offwialdocument as fled in the recoitlsonhe uOWoEnvironmental Protection Agency. 3 1 1995:RespondentsPREAMBLEIt is hereby agreed to by and among the Parties as follows:I."JURISDICTION.-,-: V --
oos1. These Director's Final Findings and Orders are issuedpursuant to the authority vested in the Director of the Ohio EPAunder Sections 3734.13, 3734.20, 6111.03, and 3745.01 of the OhioRevised Code and Section 104 of the Comprehensive EnvironmentalResponse, Compensation, and Liability Act of 1980 (CERCLA), asamended, 42 U.S.C. 9604. Respondents consent to and agree not tocontest Ohio EPA's jurisdiction to issue and enforce these Ordersin this matter.II.,v/PARTIES BOUND2.These Orders shall apply to and be binding uponRespondents and .their respective successors and assigns.3. No change in ownership or corporate status of Respondentsincluding, but not limited to, any transfer of assets or real orpersonal property shall in any way alter Respondents' obligationsunder these Orders.4. Respondents shall provide a copy of these Orders to allcontractors, subcontractors, laboratories and consultants retainedto perform any portion of the Work performed pursuant to theseOrders.Respondents shall ensure, that all contractors,subcontractors, laboratories .and consultants retained to performWork pursuant to these Orders comply with the provisions of theseOrders.5. The signatories to these Orders certify that they arefully authorized to execute and legally bind the Party theyrepresent.III.DEFINITIONS6. Unless otherwise expressly provided herein, terms used inthese Orders or in any appendices shall have the same meaning asused in Chapters 3734 and 6111 of the Ohio Revised Code. Wheneverthe terms listed below are used in these Orders or in. anyappendices, attached hereto and incorporated herein, the followingdefinitions shall apply:a."Day" shall mean a calendar day unless expresslystated to be a business day. "Business day" shall mean a day otherthan a Saturday, Sunday, or State Holiday. In computing any periodof time under these Orders, where the last day would fall on a.Saturday, Sunday, or State Holiday, the period shall run until theclose of the next business day.b. "CERCLA" shall mean the Comprehensive EnvironmentalResponse, Compensation, and Liability Act of 1980 as amended by theSuperfund Amendments and Reauthorization Act of 1986, 42 U.S.C.9601 et. sea.r-:-.- ?.!* 1m-A'4 .I . S?fttW8 to be a Uue an * accurate copy of theoHiaal document as filed in the records ol the OntoEnvironmental Protection Agency. .JAN 3 i 1995Date/«*-*'"" '
rvOc. "Hazardous substances" shall mean those substanceslisted under Section 101(14) of CERCLA, and shall specificallyinclude "hazardous wastes" as defined under Section 3734.01(J) ofthe Ohio Revised Code.d."NCP" shall mean the National Oil and HazardousSubstances Pollution Contingency Plan, codified at 40 C.F.R. Part300 (1990), as amended. e."Ohio EPA" shall mean the Ohio EnvironmentalProtection Agency and its designated representatives.f. "Paragraph" shall mean a portion of these Ordersidentified by an arabic numeral or an upper or lower case letter.g. "Remedial Action" ("RA") shall mean those actions asdefined under section 300.5 of the NCP and as described undersection 300.435 of the NCP.h. "Remedial Design" ("RD") shall mean those activitiesas defined under section 300.5. of the NCP and as described undersection 300.435 of the NCP.i. ."Parties" shall mean Respondents and the Ohio EPA.j."Remedial Investigation and Feasibility Study"("RI/FS") shall mean those activities to be undertaken to determinethe nature and extent of the contamination at the Site caused bythe disposal, discharge, or release of Waste Materials and thoseactivities to be undertaken to develop and evaluate remedialalternatives for the cleanup of the Site.k. "Remedial Investigation and Feasibility Study WorkPlan" ("RI/FS Work Plan") shall mean the document submitted byRespondents pursuant to Paragraph 12 of these Orders.1."Response Costs" shall mean all costs. notinconsistent with the NCP including, but not limited to, payrollcosts, contractor costs, travel costs, oversight costs, legal andenforcement-related costs, laboratory costs, and the costs ofreviewing or developing plans, reports, and other items pursuantto these orders, verifying the Work, or otherwise implementing orenforcing these Orders.m."Section" shall mean a portion of these Ordersidentified by a roman numeral.n."Site" shall mean the North Sanitary LandfillSuperfund site, encompassing approximately 102 acres, located at200 Valleycrest Drive in Dayton, Montgomery County, Ohio, anddepicted more particularly on the attached ,m p as Appendix A, wherethe treatment, storage, and/or disposal vb!:' ha znardous substances,VI certlty this to be a Uue and accurate copy of th«official document as filed in the records of the OhioEnvironmental Protection Agency*
oo.and/or the discharge into waters of the state of industrial wasteand/or other waste has .occurred, including any other area wheresuch hazardous substances, industrial wastes, and/or other wastesmay have migrated.V*o. "Statement of Work" ("SOW") means the statement ofwork for the implementation of the Remedial Investigation andFeasibility Study at the Site, as set forth in Appendix B-'to theseOrders. The SOW is not specific to this Site, and shall be usedas an outline in developing Site-specific work plans.p. "Waste Material* shall mean (1) any "hazardous waste"under Section 3734.01(J) of the Ohio Revised Code; (2) any "solidwaste" under Section 3734.01(E) of the Ohio Revised Code; (3) any"industrial waste" under Section 6111.01 (C) of the Ohio RevisedCode; (4) any "other waste" under Section 6111,01 (D) of the OhioRevised Code; and (5) any "hazardous substance" under Section101(14) of CERCLA.' '"' V-. .q. "Work" shall mean all Remedial Investigation andFeasibility Study (RI/FS) activities Respondents are required toperform underv these Orders.IV.FINDINGS OF FACT. DETERMINATIONS. AND CONCLUSIONS OF IAW7. All findings of fact, determinations, and conclusions oflaw necessary for the issuance of these Orders have been made andare outlined below. While Respondents waive their right to appealthe issuance, terms, conditions, and service of these Orders, theRespondents, by entering into these Orders, do not admit theFindings of Fact, Determinations, and Conclusions of Law set forthbelow. The Director of the Ohio EPA has determined the following,:a.The North Sanitary Landfill, aka ValleycrestLandfill, is located at 200 Valleycrest Drive in Dayton, MontgomeryCounty, Ohio and occupies approximately 102 acres.Fromapproximately 1966 to 1975, commercial, industrial, institutional,and other wastes were disposed of at the North Sanitary. Landfill,including disposal in unlined gravel pits.-b. In addition, reports indicate that spent foundrysand, flyash, baghouse dust, drums of chemicals, spent solvents,waste paints and thinners, flammable solids, brake dust/ wasteoils, waste chemicals, lampblack, sludge, degreasing agents, andlubricating fluids may have been disposed of at the North SanitaryLandfill.c. The entities identified in the subparagraphs below,herein referred to as the Owners and/or Operators, have directlyor indirectly allowed and/or directed the placement and disposalof hazardous substances, industrial aerti.nand/or other wastes atthe Site.3-""' "' I certify this to be a true and accurate xfif* *icU document as filed in the records ot the Oh.oEnvironmental Protection Agency. JAN 3 J ggjBy; /fjOAcrlJi » * Date4: ;V " , ,v,-.-:.-j-
o o1.) The Keystone Gravel Company, a corporationincorporated under the laws of the State of Ohio, with itsprincipal place of business located in Dayton, Ohio, purchased theproperty which compromises the main portion of the Site in 1921 andstill holds title to the property. From approximately 1921 to1970, the Keystone Gravel Company operated a sand and gravelexcavation operation, which resulted in the creation of largedepressions across the majority of the company's property. Atvarious times during its ownership of the property, the KeystoneGravel Company allowed certain individuals and companies to conductlandfill pperations on its property through lease agreementsentered into with those individuals and companies.2.) The. United Warehouse Company, a corporationincorporated under the laws of the State of Ohio, owned Parcelnumber 74626, as referenced in the State of Ohio, Montgomery CountyAuditor's Plat Book, Book 147, Page 4. This parcel, which containsapproximately 2.97 acres, abuts the land owned by the KeystoneGravel Company and is part of the Site. The United WarehouseCompany leased a .portion of this parcel to the Industrial WasteDisposal Company for the purpose of conducting landfill operations.United Warehouse Company sold the parcel to Mr. Samuel Whitaker onFebruary 14, 1975.' - . ,,-* - ' 3.) Samuel Whitaker purchased Parcel number 74626through a land contract from the United Warehouse Company onFebruary 14, 1975. Mr. Whitaker operated a small chrome platingbusiness on a portion of Parcel number 74626.4.) Mr. Whitaker entered into a land contract forthe sale of Parcel number 74626 to Mr. Richard Young in October of1991. Mr. Young currently operates a used auto and parts storagebusiness on the property.5.)On December 31, 1965, the Keystone GravelCompany entered into a written lease with Mr. Lewis Blaylock. tooperate a landfill on the Site. The term of the lease was for aperiod of five (5) years. In .June of 1966, Mr. Blaylock-assignedhis lease with the Keystone Gravel Company to the North SanitaryLandfill Company, a corporation incorporated under the laws of theState of Ohio.6.) The North Sanitary Landfill Company enteredinto a lease with the Keystone Gravel Company for the operation ofa landfill on the Site. The term of the lease ran from July* 1,1967 to June 30, 1972.However, the North Sanitary LandfillCompany continued to operate the landfill until at least 1974through extensions to the lease with the Keystone Gravel Company.7.)The Industrial Waste Diajaosju-- Company, a:orporation incorporated under the laws of ke Stater of Ohio,cfif*j\ * /&f rsftA QOD t ilKBi to ba a wue anyBy:. .w. QKUJ* *i *j r* *"l * C« *.« : c. * \i , ' . . -
oentered into a written lease with the United Warehouse Company, tooperate a landfill on Parcel number 74626. The term of the leaseran from 1973 to a date as of yet unknown.In addition tooperating a landfill on Parcel number 74626, through itsrelationship with the North Sanitary Landfill Company, theIndustrial Waste Disposal Company operated a landfill on the Sitefrom a date as of yet unknown until at least 1975. v'''8 . ) The Keystone Gravel Company entered into anagreement with the Peerless Transportation Company, a corporationincorporated under the laws of the State of Ohio, with itsprincipal place of business located in Dayton, Ohio, for theoperation of a landfill on a portion of the Site from approximately1978 until 1989.9.)The B. G. Danis Company is a corporationincorporated under the laws of the State of Ohio, .with itsprincipal place of business located in Dayton, Ohio. Through itsrelationship with the Industrial Waste Disposal Company and theNorth Sanitary Landfill Company and as a result of its activitiesat the Site, the B.G. Danis Company operated the landfi.ll on Site -from approximately 1966 until 1975.»10 .) Due to delinquency in payment of taxes on realproperty owed to Montgomery County, notice of foreclosure regardingthe property on which the North Sanitary Landfill is located waspublished in the Montgomery County Daily Court Reporter on June l,1994. Subsequently, on September 19, 1994 a voluntary dismissalwithout prejudice was filed in this matter with the Common PleasCourt, Montgomery County, Ohio, Civil Division, Case No. 94-1789,and foreclosure did not proceed.d. The entities identified in the subparagraphs below,hereinafter referred to as the Transporters, accepted hazardoussubstances, industrial waste and/or other wastes for transport toa disposal facility and chose to and did transport such wastes tothe Site.1.) Waste Management of Ohio, Inc. is a corporationincorporated under the laws of the State of Ohio, with itsprincipal place of business located in Dayton, Ohio.2.)The Peerless Transportation Company is acorporation incorporated under the laws of the State of Ohio, withits principal place of business located in Dayton, Ohio.3.)The City of Dayton is a municipality in theState of Ohio.4 . ) Montgomery County is a county in the State ofOhio.Protection Agency.'JAN 3 M995Date-j
Oe. The entities identified in the subparagraphs below,herein referred to as the Generators, generated or produced by amanufacturing, industrial, or other process utilized and/or ownedby such Generators, hazardous substances, industrial wastes, and/orother wastes.The Generators arranged either directly orindirectly for disposal and/or placed or caused to be placedhazardous substances, industrial waste and/or other wastes at theSite. Hazardous substances, industrial wastes, and/or other wastesfrom each of the Generators was transported to the Site."1.)Advance Foundry Company is a corporationincorporated under the laws of the State of Ohio, with itsprincipal place of business located in Dayton, Ohio.2.) Amcast Industrial Corporation is a corporationincorporated under the laws of the State of Ohio, with itsprincipal place of business located in Dayton, Ohio.3.)American Lubricants is a corporationincorporated under the laws of the State of Ohio, with itsprincipal place of business located in Dayton, Ohio. , 4.) AT&T Global Information "Solutions Company isa corporation incorporated under the laws of the State of Maryland,with offices located in Dayton, Ohio.5.) Cargill, Inc. is a corporation incorporatedunder the laws of the State of Delaware, licensed to do businessin the State of Ohio.'6.) Children's Medical Center is a corporationincorporated under the laws of the State of Ohio, with itsprincipal place of business located in Dayton, Ohio.7.) DAP, Inc. is a corporation incorporated underthe laws of the State of Ohio, with its principal place of businesslocated in Tipp City, Ohio.8.)Dayton Forging & Heat Treating Co. is acorporation incorporated under the laws of the State of Ohio, withits principal place of business located in Dayton, Ohio.9.)Dayton Industrial Drum is a corporationincorporated under the laws of the State of Ohio, with itsprincipal place of business located in Dayton, Ohio.10.)Dayton Power and Light is a corporationincorporated under the laws of the State of Ohio, with itsprincipal place of business located in Dayton, Ohio.11.) Dayton Walther Corporation is a corporationincorporated under the laws of the State Mofc 50&io, with itsI certify this to be a true and accurate copy of th« 7official document as filed in the records of the OhioEnvironmental Protection Agency."n/il 3DateitOOC' ]"5 'i-*? '"'** : \ "
ooprincipal place of business located in Dayton, Ohio.12.)Duriron Company, inc. is a corporationincorporated under the laws of the State of New York, licensed todo business in the State of Ohio.13.)Earl Scheib of Ohio is a corporationincorporated under the laws of the State of Ohio, .with itsprincipal place of business located in Dayton, Ohio.14 . ) Enterprise Roofing & Sheet Metal Co is acorporation incorporated under the laws of the State of Ohio, withits principal place of business located in Dayton, Ohio.15 . )Gayston Corporation 'is a corporationincorporated under the laws of the State of Ohio, with itsprincipal place of business located in Dayton, Ohio.16.) General Motors Corporation, is a corporationincorporated under the laws of the State of Delaware, with itsprincipal place of business located in Detroit, Michigan.Itoperates plants in Ohio.17.)High Tech Castings is a corporationincorporated under the laws of the State of Ohio, with itsprincipal place of business located in Dayton, Ohio.18.) Hyland Machine Company, Inc. is a corporationincorporated under the laws of the State of Ohio, with itsprincipal place of business located in Dayton, Ohio.19.)James River Corporation is a corporationincorporated under the laws of the State of Nevada, licensed to dobusiness in the State of Ohio.20 .)Mazer Corporation is a corporationincorporated under the laws of the State of Ohio, with. itsprincipal place of. business located in Dayton, Ohio.21.) . Mullins Rubber Products is a corporationincorporated under the laws of the State of Ohio, with itsprincipal place of business located in Dayton, Ohio.22.)Pantorium Cleaners, Inc. is a corporationincorporated under the laws of the State of Ohio, with itsprincipal place of business located in Dayton, Ohio.23 .)SchriberSheetMetalisa corporationincorporated under the laws of the State of Ohio, with itsprincipal place of business located in Dayton, Ohio.24.)Sherwin-Williams Company,. i . la- corporationf\ '. t *""I certify this to be a true and accurate copy of thaofficial document as filed in the records of the OhioEnvironmental Protection Agency.8. * «V\ ' .c \ --'-'.-.7v.V" "(
oincorporated under the laws of the State of Ohio.u25.)Standard Register Company is a corporationincorporated under the laws of the State of Ohio, with itsprincipal place of business located in Dayton, Ohio.26.)Stolle Corporation is a corporationincorporated under the laws of the State of Ohio, with itsprincipal place of business located in Dayton, Ohio.27.)Trotwood Corporation is a corporationincorporated under the laws of the State of Ohio, with itsprincipal place of business located in Trotwood, Ohio.28.)United Parcel Service is a corporationincorporated under the laws of the State of Ohio.29.)VanDyne Crotty, Inc. is a corporationincorporated under the laws of the State of Ohio, with itsprincipal place of business Iqcated in Dayton, Ohio.30.) Williams Brothers Roofing is a corporationincorporated* under the laws of the State of Ohio, with itsprincipal place of business located in Dayton, Ohio.f. The Site overlays a sand and gravel aquifer whichhas been designated as a sole-source aquifer by U.S. EPA. Thisaquifer provides drinking water for, over 450,000 people within theCity of Dayton and neighboring communities. Waste Materials mayhave come in direct contact with the groundwater comprising thesole -source aquifer.g. Preliminary site assessments conducted between 19901993 by U.S. EPA and Ohio EPA included soil sampling and theinstallation of 21 groundwater monitoring wells in the aquiferbelow the Site. Groundwater samples were collected from U.S. EPA'smonitoring wells and from residential wells that surround, theSite's perimeter. Results from the groundwater samples .indicatedthe presence of a variety of contaminants.1 . ) The following subparagraphs identify a list ofcontaminants of concern that were discovered in the groundwatersamples collected from the aquifer below the Site.Trichloroethylene has been detected in concentrations of 6/xg/1, hereinafter referred to as micrograms of contaminantper liter of sample. The maximum contaminant level (MCL) forthis chemical in a public water supply is 5Total Xylene has been detected in concentrations of 580The MCL for this compound in a public water-supply is 10,000'I certify this to be a true and accurate copy of thaofficial document as filed in the records of the OhioEnvironmental Protection Agency, 'j jy « « .By: fodUxj. (JA i JDate
oo1,2 Dichloroethane has been detected in concentrations up to430 /ig/1. The MCL for this compound in a public water supplyis 5V. ,.„Ethyl Benzene has been detected in concentrations up to 200/xg/1. The MCL for this compound in a public water supply is700 jig/1.1,1 Dichloroethane has been detected in concentrations up to66 /ig/1. No MCL for this compound as of yet exists.Benzene has been detected in concentrations up to 56 /ig/1 .The MCL for this compound in a public water supply is 5Chloroform has been detected in concentrations' up to 5/i g/1.The MCL for this compound in a public water supply is 100Chlorethane has been detected in concentrations "up to 100/ig/1. No MCL for this compound as of yet exists.*-.Vinyl Chloride has been detected in concentrations up to 50/ig/1. The MCL for this compound in a public water Supply is2 /ig/1.1,1,1 Trichloroethane has been detected in concentrations upto 7 /igA. The MCL for this compound in a public water supplyis 200 /ig/1.\jChlorobenzene has been detected in concentrations up to 42/ig/1. No MCL for this compound as of yet exists.Cyanide has been detected in concentrations up to 130 /ig/1.The MCL for this compound in a public water supply is 200Iron has been detected in concentrations up to 9860/zg/l. Thesecondary maximum contaminant level for this compound in apublic water supply is 300 /xg/1.2 . ) The following subparagraphs identify a list ofcontaminants that were discovered in the soil samples collectedfrom the surface and subsurface of the site.Fluoranthene has been detected in concentrations of 8300/ig/kg, hereinafter referred to as micrograms of contaminantper kilogram of sample.Trichloroethene has been detected in concentrations of 83001 certify this to be a true and accurate copy of theofficial document as filed in the records of the OhioEnvironmental Protection Agency.By: T L (J6 JDate"" ? 1995 Q-\r; \-' "'.-. c"»' *
Aroclor 1254 has been detected in concentrations of 1300Aroclor 1248 has been detected in concentrations of 980 /zg/kg.Methylene Chloride has been.detected in concentrations of 1000Acetone has been detected in concentrations of 930 /xg/kg.Total 1,2 Dichloroethene has been detected in concentrationsof 370 fig/kg.Ethyl Benzene has been detected in concentrations of 340Total Xylene has been detected in concentrations of 330 /zg/kg.Lead has been detected in concentrations of 760,000 /zg/kg.Barium has been detected in concentrations of 82,000 /zg/kg.Chromium has been detected in concentrations of 68,000 /zg/kg.Mercury has been detected in concentrations of 700 /zg/kg.Selenium has been detected in concentrations of 27,300 pig/kg.fIron has been detected in concentrations of 4,980,000 /zg/kg.h.The Site is bordered on three (3) sides byresidential homes and by industrial facilities on the remainingside.Trespassing and activities including open-dumping, thedischarge of firearms, and the burning of stolen vehicles andvegetation have been recorded as occurring on the Site. As aresult of vandalism and natural erosion, Waste Materials are beingexposed to the surface.i. On January 3, 1994, the Montgomery County CombinedHealth District (MCCHD) ordered the Keystone Gravel Company toerect a six-foot high chain-link fence with three strands of barbedwire strung across the top around the perimeter of the KeystoneGravel Company's property. The MCCHD also ordered the KeystoneGravel Company to remove all solid wastes that have been opendumped on the property. The Keystone Gravel Company has notcompletely complied with the MCCHD's order.j. U.S. EPA placed the North Sanitary Landfill, Inc.(the Site as defined in Section III, Paragraph 6.n.), on theNational Priorities List by publication in the Federal Register inMay of 1994. . -r 7.'-. certify this to be a true and accurate copy of ttwofficial document as filed in the records of the OhioEnvironmental Protection Agency, 'jtu * .By: yyVlA/ct. CdLo-frWDate11, «,\' \w '"J ji ». -.-: '»' 3-'
oo .k.In September of 1992, U.S. EPA entered into acooperative agreement with the Ohio EPA pursuant to Section 104 ofCERCLA, 42 U.S.C. 9604.Under the terms of the cooperativeagreement, the Ohio EPA is authorizedenforcement actions at the Site.totake Jstate-lead1. Respondents are "persons" as defined under Section3734.01(G) of the Ohio Revised Code.m. Because of their quantity, concentration, or physicalor chemical .characteristics, the Director has determined thattrichloroethylene, xylene, 1,2 dichloroethane, ethylbenzene,chloroethane,1,1 dichloroethane, vinylchloride, 1,1,1trichloroethane, chlorobenzene, cyanide, and other .contaminantsfound at the Site are "hazardous wastes" as defined under Section3734.01(J) of the Ohio Revised Code.n. The Site is a hazardous waste facility, or solidwaste facility, or other location where Waste Materials includinghazardous wastes were treated, stored, or disposed. o. t - Conditions at the Site constitute a substantialthreat to public health or safety or are causing or contributingor threatening to cause or contribute to air or water pollution orsoil contamination.p. Respondents are "persons* as defined under Section6111.01(1) of the Ohio Revised Code.- . ,vJq.Trichloroethylene, xylene, 1,2 dichloroethane,ethylbenzene, chloroe thane, 1,1 dichloroethane, vinyl chloride,1,1,1trichloroethane, chlorobenzene, cyanide, and othercontaminants found at the Site are "industrial wastes" or "otherwastes" as defined under Section 6111.01 of the Ohio Revised Code.r. The ground and surface waters contaminated at theSite are "waters of the state" as defined under Section 6ill.01(H)of the Ohio Revised Code."'"s. The Work required by these Orders will contribute tothe prohibition or abatement of the discharge of industrial wastesand other wastes into the waters of the state.t.In issuing these Orders, the Director has givenconsideration to, and based his determination on, evidence relatingto the technical feasibility and economical reasonableness ofcomplying with these Orders and to evidence relating to conditionscalculated to result from compliance with these Orders, and theirrelation to benefits to the people of the state to be derived fromsuch compliance.V.GENERAL PROVISIONS12I certify this to be a true and accurate copy of theofficial document as filed in the records of the OhioEnvironmental Protection Agency. J AK 3Da, e'l93'O'-"" " ' % ,.,.,. -. r/-; C"» 3 " '. - - - ' - v"x;\.v ''
o8.Obiectives of the partiesThe objectives of the Parties in entering into these Ordersare to protect public health, safety, and welfare and theenvironment from the disposal, discharge, or release of WasteMaterial at the Site through the development of a RemedialInvestigation and Feasibility Study by Respondents.9.Commitment of RespondentsWithout admission of fact, violation, or liability,Respondents shall perform the Work in accordance with these Orders,including but not limited to, the SOW, relevant guidance documents,and all standards, specifications, and schedules set forth in ordeveloped pursuant to these Orders consistent with the objectivesset forth in Paragraph 8. Respondents shall also reimburse OhioEPA for Response Costs as provided in these Orders.10.Compliance With Lawa. .All activities undertaken by Respondents pursuant tothese Orders shall be. performed in accordance with the requirementsof all applicable federal and state laws and regulations.b. Respondents shall perform the activities requiredpursuant to these Orders in a manner which is consistent with theNCP. The Ohio EPA believes that activities conducted pursuant tothese Orders, if approved by the Ohio EPA, are consistent with theNCP.c. Where any portion of the Work requires a permit orapproval, Respondents shall timely submit applications and take allother actions necessary to obtain such permits or approval. TheseOrders are not, and shall not be construed to be, a permit issuedpursuant to any statute or regulation.VI.11.Supervising ContractorAll Work performed pursuant to these Orders shall be under thedirection and supervision of a supervising contractor withexpertise in hazardous waste site investigation and remediation.Prior to the initiation of the Work, Respondents shall notify OhioEPA in writing of the name of the supervising contractor and anysubcontractor to be used in carrying out the terms of these Orders.12.Remedial Investigation and Feasibility Studya. Within forty-five (45) days after the effective dateof these Orders, Respondents shall submit to Ohio; EPA' a work planI certify this to bo a true and accurate copy of theofficial document as filed in the records of the OhioEnvironmental Protection Agency. ,.„JAM 3 \ fggcDate11 ' "o\ .; .%\ x- \i '-*. - V-'"' J,.-v v" .?,-"
o' . 6for implementation of the Remedial Investigation and FeasibilityStudy for the Site ("Remedial Investigation and Feasibility StudyWork Plan or RI/FS Work Plan") . The RI/FS Work Plan shall providefor the determination of the nature and extent of the contaminationof the Site caused by the disposal, discharge, and/or release ofWaste Material, and for the development and evaluation of remedialalternatives for the cleanup of the Site.b. The RI/FS Work Plan shall be developed in confonnancewith the SOW and the guidance documents listed in Appendix C tothese Orders, attached hereto and incorporated herein. If Ohio EPAdetermines that any additional or revised guidance documents affectthe Work to be performed in implementing the Remedial Investigationand Feasibility Study, Ohio EPA will notify Respondents, and theil/FS Work Plan and other affected documents shall be modifiedaccordingly. . Tasks required under the approved RI/FS Work Plan,which have already been implemented, shall not be subject to
rv O V c. "Hazardous substances" shall mean those substances listed under Section 101(14) of CERCLA, and shall specifically include "hazardous wastes" as defined under Section 3734.01(J) of the Ohio Revised Code. d. "NCP" shall mean the National Oil and Hazardous Substances Pollution Contin
