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;.::i :.c G/;'tzant.V-lc));r(::. . .:.: - -- :lOthe::::'.--·--UNITED STATES ENVIRONMENTAL PROTECTION AGENCYREGION IIN THE MATTER OF:Barkhamsted - New Hartford Landfillsuperfund siteBarkhamsted, Connecticut)))))))Barden Corporation (for Winsted Precision Ball)Capitol Products Companycarter-Wallace, Inc. (including Lambert KayDivision)Cooper Industries (for Crouse Hi.nds/Dano andUnion Pin)DuraliteFred J. Potter CompanyHowmet CorporationHudson Wire CorporationHurley Manufacturing CompanyNew England Miniature Ball CompanyNorth West Connecticut Manufacturing CompanyPitney Bowes (for Wheeler Group)Reynolds and Reynolds (for Baltimore BusinessForms)mix (by Alco Standard Corporation) USA INC.Son-Chief Electrics, Inc.Sterling Engineering CorporationSterling Name Tape CompanyTorrington Register Publishing Company (successorto Winsted Citizen Corporation and WinstedPublishing Co.), d/b/a Winsted EveningCitizen and the Register CitizenTRW Inc.,Winsted Centerless Company, Inc.Winsted Memorial HospitalRegional Refuse Disposal District No. l (RRDD #1))))))))))))))))))))))))))))))U.S. EPADocket No.I-91-1128))))Proceedings relating to a settlement)agreement under Section 122(d) (3) for action)under Section 104(b) of the ComprehensiveEnvironmental Response, Compensation and)) iability Act, as amended, 42 c.s.c.)§§ 9604 (b) I 9622 (d) (3) Settling Parties,,ADMINISTRATIVE ORDER BY CONSENTFOR REMEDIAL INVESTIGATION/FEASIBILITY STUDY*2247*SDMS Doc ID 2247
TABLE OF CONTENTSJURISDICTION.1DENIAL OF LIABILITY. . . . . . . . . . . 2BARTIES BOUND . . .3.STATEMENT OF PURPOSE4EPA'S FINDINGS OF FACT4EEA'S DETERMINATIONS7CONSENT ORDER . 9Implementation10Engagement of the Settling Parties' Contractor;Designation of the Settling Parties' Project Coordinator12Designation of Government Coordinators14Place and Manner of Notice15Observation of the Settling Parties' RI/FS Activities . .16Necessity of Formal Approval17Submissions Requiring EPA Approval17Monthly Progress Reports20Availability of RI/FS Data21Quality Ass rance/Quality Control; Health and SafetyCompliance . .21Split Sampling22Record Preservation23Confidentiality Claims24Site Access 24Endangerment and Emergency Response .26Proposals for Response Activities . 27Use of Resource Conservation and Recovery Act Facilities29i
ARARS.Other Laws . .Public Review of RI/FS Report29 3030Community Relations . 31Financial Assurance; Insurance31Reimbursement of EPA Response and Oversight Costs 32Excuses for Delays in Performanceand Force Majeure35Dispute Resolution37Stipulated Penalties for Delays in Performance38Civil Penalties for Noncompliance . . . 41Certification of the Settling Parties'Performance of the Work Activities42Covenant Not to Sue .43EPA's and the State's Reservation of Rights 43Settling Parties' Reservation of Rights.Enforcement Actions Against Non-Settling Parties 45 46Contribution Protection. . . . . .Indemnif ica,tion. .Other Claims. 464647Waiver of Settlement Conference48Notice to the State and Federal Natural Resource Trustee48Modification of Order .49Separate Documents49Effective Date; Computation of Time .49ii
JURISDICTION1.This Administrative Order by Consent (Order) is enteredinto voluntarily by and among the United States EnvironmentalProtection Agency (EPA), the State of Connecticut (State) and allof the Settling Parties listed in the caption above (hereinafter"the Settling Parties").The Order concerns the preparation of,performance of, and reimbursement of oversight costs for theRemedial Investigation and Feasibility Study (RI/FS) for theSuperfund Site known as the Barkhamsted-New Hartford Landfill(the Site) located in the towns of Barkhamsted and New Hartford,Connecticut.This Order is issued pursuant to the authorityvested in the President of the United States by Sections 104 and122(d) (3) of the Comprehensive Environmental Response,Compensation, and Liability Act, as amended (CERCLA), 42 U.S.C.§§9604, 9622(d) (3), which authorize the President to issue anOrder setting forth the obligations of the Settling Parties withrespect to ,a settlement agreement for action under Section 104(b)of CERCLA.This authority was delegated to the Administrator ofEPA on January 23, 1987, by Executive Order 12580, 52 Fed. Reg.2926 (January 29, 1987), and further delegated to the RegionalAdministrator, September 13, 1987, by EPA delegation No. 14-14-C.The Settling Parties agree not to contest the authority orjurisdiction of the Regional Administrator to issue this Order inany subsequent proceeding to enforce the terms of this Order.1
This Order constitutes an enforceable agreement between the Stateof Connecticut and each Settling Party under Connecticut law.Denial of Liability2.By entering into this Order, or by taking any action inaccordance with it, the Settling Parties agree to be bound by allof the terms hereunder; provided, however, that the SettlingParties do not admit any of the factual allegations, findings orlegal determinations contained in this Order, including theStatement of Work.Nor do the Settling Parties admit liabilityfor any purposes or admit any issues of law or fact or assume anyresponsibility for the alleged release or threat of release ofany hazardous substances, pollutants or contaminants into theenvironment.3.The participation of any Settling Party in this Ordershall not be admissible in, or used against any Settling Party inany judicial or administrative proceeding, or used against theSettling Parties as a collateral estoppel, except for an actionby EPA to nforcethe terms of this Order, or involving anyactions to which EPA is a party and EPA alleges an injury basedon the acts or omissions of the Settling Parties in connectionwith the Order.However, the terms of this Consent Order and theparticipation of the Settling Parties shall be admissible in anyaction brought by any Settling Parties to enforce any contractualobligations imposed by any agreement among the Settling Parties.2
PARTIES BOUND4.This Order shall apply to and be binding upon EPA, theState of Connecticut, and the Settling Parties, their successors,and assigns.No change or changes in the ownership or corporatestatus of any of the Settling Parties shall in any way alter theSettling Parties' responsibilities under this Order.EachSettling Party shall provide a copy of this Order to anysubsequent owners or successors before ownership rights aretransferred.The Settling Parties shall be jointly and severallyliable for the performance of the activities specified in thisOrder and for penalties arising from this Order.The signatoriesto this Order certify that they are authorized to execute andlegally bind the parties they represent.5.The Settling Parties shall provide a copy of this Orderto all agents, contractors, subcontractors, laboratories, andconsultants retained to conduct any portion of the work performedpursuant to this Order within fourteen (14) days after theeffective date of this Order or after the date of such retention.Notwithstanding the terms of any contract, the Settling Partiesare responsible for compliance with this Order and for ensuringthat their contractors and agents comply with this Order.Anyreference herein to the Order shall mean this Order, any appendixthereto including any future modifications as provided by theterms of this Order as may be added hereafter, including anyreports, plans, specifications, schedules, and appendicesrequired by this Order which, upon approval of EPA, shall be3
incorporated into and enforceable under this Order.STATEMENT OF PURPOSE6.In entering into the Order, the mutual objectives ofEPA, the State of Connecticut and the Settling Parties are: (i)to determine the nature and extent of contamination and anythreat to the public health, welfare, or the environment causedby the release or threatened release of hazardous substances,pollutants, or contaminants from the Site by conducting aremedial investigation; and (ii) to determine and evaluatealternatives for remedial action (if any) to prevent, mitigate orotherwise respond to or remedy any release or threatened releaseof hazardous substances, pollutants, or contaminants from theSite by conducting a feasibility study.7.The activities conducted under this Order are subject toapproval by EPA as provided herein and shall provide allappropriate necessary information for the RemedialInvestigation/Feasibility Study and for a Record of Decision thatis consistent with CERCLA§§104, 121, and 122, and the NationalContingency Plan (NCP), 40 CFR Part 300.EPA 1 S FINDINGS OF FACTa.The Barkhamsted-New Hartford Landfill is adjacent to andsouthwest of Route 44 in a rural/residential area in the towns ofBarkhamsted and New Hartford, Litchfield County, Connecticut.9.The Barkhamsted-New Hartford Landfill began operations4
in 1974.Between 1974 and 1988, the landfill accepted fordisposal municipal waste and industrial/commercial waste,including oily metal grinding sludges and liquid chemical waste.Since 1988 the landfill has accepted bulky and non-processablesolid waste for disposal.a recycling facility.The landfill operations have includedAs part of the recycling operations,barrels, some containing liquid waste, have been crushed forpurposes of steel reclamation.EPA has reason to believe thatwaste products were accepted at the Site, including hazardoussubstances.10.In 1980, the Connecticut Department of EnvironmentalProtection (CT DEP) conducted an inspection of the Site and notedthe disposal of metal grindings, degreasing sludge,nitrocellulose, paint filters, paint scrapings, and lacquer dust.In 1983, the CT DEP identified barrels containing hazardous wasteat the Site.In 1990, the State of Connecticut issued an Orderrequiring the owner and operator of the landfill to investigatethe waste materials on Site and the potential impact of thelandfill's ,activities and waste on human health and theenvironment both on-Site and off-Site.11.In 1981, EPA conducted a Preliminary Assessment for theSite based on the 1980 CT DEP inspection, and recommended that asite inspection take place.1987.EPA conducted a site inspection inEPA's Site inspection reported that groundwater sampling,performed prior to the site inspection, contained xylene (92ppb), toluene (870 ppb), 1,1-dichloroethane (86 ppb), 4-methyl-2 5
pentanone (1700 ppb), and vinyl chloride (170 ppb).In addition,the site inspection reported that industrial oily metal grindingsludges disposed of at the Site contained cadmium, chromium,copper, lead, nickel, zinc, and manganese.12. Leachate from the landfill has been observed discharginginto an unnamed brook which borders the landfill to the west andnorth.This leachate threatens to contaminate the unnamed brook,numerous wetlands and the west branch of the Farmington River.13. Pursuant to Section 105(8) (b) of CERCLA, 42 U.S.C.§9605(8) (b), the Site was proposed for inclusion on the NationalPriorities List (NPL) on June 21, 1988, (53 FR 23988).The Sitewas listed on the NPL on October 4, 1989 (NPL final rule update#6, 54 FR 41015).14.Regional Refuse Disposal District One (RRDD#l)currently operates the Site, and operated at the time whenhazardous substances were disposed of at the Site.In addition,RRDD#l is the owner of the Site, and was the owner at the timewhen hazardous substances were disposed of at the Site.15.Alco Standard Corporation (Selmix); AMSECO Corporation(Eaton Corporation); BNB Manufacturing Co., Inc.; BaltimoreBusiness Fonns, Inc.; Capitol Products Co., Inc.; Crouse HindsCorp.; Devrex Cutter Grinding, Inc.; Dino Corporation; Fred J.Potter, Co.; The Hitchcock Chair Co.; Homer D. Bronson Company;Howmet Corporation; Hudson Wire Company; Hurley ManufacturingCompany; JPS Manufacturing Company, Inc.; carter-Wallace, Inc.(including Lambert Kay Division); MRC Bearings (SKF USA Inc.);6
Manifold Systems Inc.; New England Miniature Ball Co.; OvationInstruments; T.S. Skilton and Sons, Inc.; Son-Chief Electric,Inc.; Sterling Engineering Corporation; Sterling Name TapeCompany; TRW Inc.; Union Pin Company (Cooper Industries); WaringProducts; The Wheeler Group Inc.; Winsted Centerless Company,Inc.; Winsted Memorial Hospital; Winsted Precision Ball Company(Barden Corporation); and the Torrington Register PublishingCorporation (successor to Winsted Citizen Corporation and WinstedPublishing Co.), d/b/a Winsted Evening Citizen and the RegisterCitizen arranged for the disposal of hazardous substances at theSite, or are successors-in-interest to persons that arranged forthe disposal of hazardous substances at the Site.16. Automated Material Handling, Inc., Tom Corvo, Ltd., JohnFiore, Lanson Septic Tank Company, and Sanitary Services, Inc.accepted hazardous substances for transport to the Site, andselected the Site for disposal of hazardous substances.SanitaryServices is also a successor-in-interest to Albreada Refuse Co.,which accepted hazardous substances for transport to the Site andselectedt eSite for disposal of hazardous substances.EPA's DETERMINATIONS17.On the basis of the Findings of Fact, EPA hasdetermined that:A.Each Settling Party is a "person" as that term isdefined in Section 101(21) of CERCLA, 429601(21).7u.s.c.§
B.Each Settling Party is a liable party within themeaning of Section 107(a) of CERCLA, 42u.s.c.§9607(a), and a "potentially responsible party" withinthe meaning of Section 122(d) (3) of CERCLA, 42u.s.c.§9622 (d) (3).c.The Site is a "facility" as that term is defined inSection 101(9) of CERCLA, 42D.u.s.c.9601(9).§Each substance listed in Paragraph 11 above is a"hazardous substance" as that term is defined inSection 101(14) of CERCLA, 42 U.S.C.E.§9601(14).The past, present or potential future migration ofhazardous substances at or from the Site constitutes a"release" or substantial threat of a release into the"environment" within the meaning of Sections 101(8),(22) and 104(a) of CERCLA, 42 U.S.C.§§9601(8), (22)and 9604(a).F.It is necessary, in order to protect the public healthand welfare and the environment, to conduct an RI/FS toqetermine the full nature and extent of contaminationthat exists at or near the Site and to determine whatremedial actions are necessary to be carried out underSections 104 and 122 of CERCLA or secured throughenforcement action under Section 106 of CERCLA.G.The Rl:/FS will be done properly and promptly by theSettling Parties, in accordance with Sections 104(a) (1)and 122(a) of CERCLA, provided that the Settling8
Parties perform all actions in accordance with theterms of this Order and Attachment A (the Statement ofWork) and any modifications thereto.H.The actions taken by the Settling Parties in performingthe RI/FS under this Order are necessary as well asconsistent with the NCP to the extent that the NCP isconsistent with CERCLA, provided that the SettlingParties perform such actions in accordance with theterms of this Order and the Statement of Work and anymodifications thereto.I.The Settling Parties are qualified to conduct theRI/FS, in accordance with Section 104(a) (1) of CERCLA,if the Settling Parties engage a qualified contractorpursuant to Paragraph 21, (Engagement of SettlingParties' Contractor) of this Order.J.EPA will arrange for the oversight and review of theRI/FS by qualified EPA personnel and qualifiedcontractors, in accordance with Section 104(a) (1) of ERCLA.CONSElfr ORDEltBASED ON THE FOREGOING FACTS AND DETERMINATIONS, EPA, THE STATEOF CONNECTICUT AND THE SETTLING PARTIES HEREBY AGREE, AND EPAHEREBY ORDERS THAT: 9
Implementation18.Subject to EPA's rights to implement its own RI/FSpursuant to Paragraphs 29, Submissions Requiring EPA Approval and71, EPA's and the State's Reservation of Rights, the SettlingParties shall perform the RI/FS in accordance with Attachment A(the Statement of Work or "SOW"), and with any modifications madeor required by EPA to bring documents and/or deliverablesprepared by the Settling Parties under this Order intoconformance with the requirements of CERCLA, thesow,modifications to the SOW, and any Work Plans prepared under thisOrder or the SOW, which are incorporated by reference into thisOrder.Upon the effective date of this Order, Settling Partiesshall commence implementation of this Order and of work requiredby the SOW and shall conclude implementation of such inaccordance with the terms and schedules set forth in this Order,thesow, and any approved Work Plans.The activities conductedpursuant to this Order are subject to approval by EPA, afteropportunity for review and comment by the State.Such activitiesshall be performed in a manner consistent with the NCP to theextent that the NCP is consistent with CERCLA.Such activitiesshall also be consistent with EPA Interim Guidance on SuperfundSelection of Remedy, OSWER Directive No. 9355.0-19; Guidance forConducting Remedial Investigation and Feasibility Studies underCERCLA, OSWER Directive Number 9355.3-01; and guidance documentsreferenced in the SOW.19.If any inconsistencies between any of the above 10
referenced laws, regulations or guidance exist, CERCLA shallgovern.If any of the above-referenced laws, regulations orguidance are amended prior to the signing of a Record of Decisionfor final remedial action at the Site, EPA may modify or requiremodification to the SOW and to any approved Work Plan or otherdeliverable accordingly.To the extent permitted underParagraphs 60 and 61 (Dispute Resolution), the Settling Partiesmay use the Dispute Resolution Section to resolve disputesarising under this Paragraph.EPA may also require the SettlingParties to develop a new Work Plan or other deliverableaccordingly, and the Settling Parties shall conduct allactivities required by the new or modified Work Plan or otherdeliverable.20.EPA may determine that additional tasks, includingremedial investigatory work and/or engineering evaluations otherthan those specified in the SOW, are part of the RI/FS.To theextent permitted under Paragraphs 60 and 61 (Dispute Resolution),the Settling Parties may use the Dispute Resolution Section toresolve disputes arising under this Paragraph.The SettlingParties shall implement any additional tasks which EPA determinesare necessary as part of performing the activities required underthis Order, provided that such tasks are necessary to achieve theobjectives of this Order.The additional tasks shall becompleted in accordance with the standards, specifications, andschedule determined or approved?YEPA, after EPA, in writing,has notified the Settling Parties of the need to perform the11
additional work, and has provided the Settling Parties with aschedule and an explanation of the additional work.However, thedecision to require additional work, and not the explanationshall be the basis for invoking the Dispute Resolution Section ofthis Order.Engagement of the Settling Parties' Contractor;Designation of the Settling Parties' Project Coordinator21.Within forty-five (45) days after the effective date ofthis Order, the Settling Parties shall engage a qualifiedcontractor to perform the technical activities required underthis Order.The contractor shall employ key personnel dedicatedto the RI/FS that shall have a minimum of five (5) years ofdirect experience in performing investigations and studies athazardous waste sites.Subcontractors retained by the contractorshall contribute no more than twenty-five percent (25%) of thetotal work to be conducted under the agreement between theSettling Parties and the contractor, not including the costs oflaboratory pnalysis, well drilling, geophysical techniques, andwork contracted for by RRDD #1 in response to State ofConnecticut Order #666.All work performed by said contractorpursuant to this Order shall be under the general direction andsupervision of a qualified individual with expertise in hazardouswaste Site investigation and cleanup.The contractor shallemploy such professional staff sufficient to perform the RI/FSprior to engagement by the Settling Parties.12
22.The Settling Parties shall provide written notice toEPA, and the State of Connecticut within seven (7) days afterengaging a contractor.The notice shall include a copy of theSettling Parties' contract with the contractor, a statement ofqualifications, identification of project personnel, and languagededicating the specific professional staff for specific hoursdevoted to the project.The Settling Parties shall notify EPAand the State of Connecticut regarding the identity andqualifications of all subcontractors as soon as eachsubcontractor is engaged or at least fourteen (14) days prior tothe subcontractor's commencement of Site work, whichever occursfirst.EPA, after opportunity for review and comment by theState, shall have the right to disapprove, based on.professionalqualifications, conflicts of interest, and/or deficiencies inprevious similar work, any contractor or subcontractor or otherperson engaged directly or indirectly by the Settling Parties toconduct work activities under this Order.Any disapproval shall be in writing and state the basis fordisapprova .Upon such notification, the Settling Parties shallwithin twenty one (21) days engage another contractor orsubcontractor, as appropriate, and shall provide EPA with astatement of qualifications as described above.Stipulatedpenalties shall be assessed the Settling Parties for failing toengage another contractor or subcontractor.The stipulatedpenalties shall begin to accrue on the twenty second (22) dayafter the Settling Parties receive written notification of the13
disapproval.If EPA does not advise the Settling Parties of itsdisapproval within thirty (30) days after receipt of their noticeand statement of qualifications or any other cause that mightgive rise to a disapproval, and if EPA thereafter disapproves acontractor or a subcontractor, the time period for performance ofwork by such contractor or subcontractors shall be suspended fora period of thirty (30) days following receipt of the notice ofdisapproval.23.Within fourteen (14) days after the effective date ofthis Order, the Settling Parties shall designate a ProjectCoordinator who shall be responsible for the administration ofall actions called for by this Order and shall submit in writingthe respective Coordinator's name, address, and telephone numberto EPA and the State of Connecticut.Any subsequent change inthe Settling Parties' Project Coordinator shall be accomplishedby notifying EPA in writing at least fourteen (14) days prior tothe change.Designation of Government Coordinators24.EPA will designate a Remedial Project Manager (RPM) foradministration of its responsibilities, for oversight of the day to-day activities conducted under the Order, and for receipt ofall written matter required by the Order.The State willdesignate a Project Manager for the administration of itsresponsibilities, for oversight of the day-to-day activitiesconducted under the Order, and for receipt of all written matter14
submitted to the State as required by this Order. In addition,EPA will designate a Geographic Section Chief (GSC) who shallhave ultimate responsibility for the approval/disapprovalfindings and comments on major project deliverables pursuant toParagraph 7 of this Order.EPA and the State of Connecticut willsubmit in writing the name, address, and telephone number of EPA,and the State's respective Project Managers, and the GSC to theSettling Parties within fourteen (14) days after the effectivedate of this Order.EPA and the State shall notify the SettlingParties in writing of any subsequent changes in their respectiveRPM, State Project Manager or GSC.25.The RPM shall have the authority vested in the On-SceneCoordinator and the Remedial Project Manager by the NationalContingency Plan, as amended, 40 C.F.R. Part 300.This includesthe authority to halt, conduct, or direct any tasks required bythis Order and/or any response action, or portions thereof whenconditions present an imminent and substantial endangerment topublic health or welfare or the environment.'The absence of theEPA RPM and/or the State Project Manager from the Site shall notbe cause for the Settling Parties to halt actions at the Site.Place and Manner of Notice26.Communications between the Settling Parties, EPA and/orthe State of Connecticut, and all documents including reports,approvals, disapprovals, written notice, and other correspondenceconcerning the activities performed pursuant to the terms and15
conditions of this Order, shall be directed through the SettlingParties' Project Coordinator EPA's RPM and the State ProjectManager.For each deliverable document provided to EPA, fifteen(15) copies and one (1) camera ready original shall be submitted,unless EPA directs otherwise.Additionally, three (3) copiesshall be submitted to the State Project Manager.All suchdocuments submitted pursuant to this Order shall be sent bycertified mail, return receipt requested, or by courier, to theEPA RPM and the State Project Manager at the following addressesor to such other addresses as EPA or the State of Connecticuthereafter may designate in writing:Lucy ConleyU.S. Environmental Protection AgencyWaste Management DivisionJFK Federal Building, HEC-CAN6Boston, MA 02203Paul JamesonState of ConnecticutDepartment of Environmental ProtectionSite Remediation and Closure DivisionWaste Management Bureau165 Capitol Ave.Hartford, CT 06106Observation of the Settling Parties' RI/FS Activities27.The Settling Parties shall allow EPA's RPM and theState's Project Manager, and EPA and the State's employees,agents, consultants, contractors, and authorized representativesto observe the Settling Parties' work at the Site in implementingthe activities pursuant to this Order.The Settling Partiesshall permit such persons: (i) to inspect and copy all records,16
documents, files or other writings which relate in any way to theSite or which would be available to EPA pursuant to its authorityunder Section 104(e) (2) of CERCLA; (ii) to record all RI/FS fieldactivities by means of photographic or other recording equipment;(iii) to enter and to freely move about all property on or aboutthe Site; (iv) to conduct such tests as EPA, after opportunityfor review and comment by the State may deem necessary; and (v)to verify the data submitted to EPA and the State by the SettlingParties.Necessity of Formal Approval28.No informal advice, guidance, suggestions or commentsby EPA or the State of Connecticut regarding reports, plans,specifications, schedules, or any other writing submitted by theSettling Parties shall be construed as relieving the SettlingParties of their obligations to obtain such formal reviews as maybe required by this Order, unless such advice, guidance,suggestions or comments are in writing.Submissions Requiring EPA Approval29.All plans, deliverables. and reports identified in theStatement of Work or the EPA-approved Work Plan for submittal toEPA and the State of Connecticut shall be so delivered to EPA andthe State in accordance with the schedule set forth in theStatement of Work or otherwise established under this Order.Prior to receipt of EPA approval, any report submitted to EPA and17
the State shall be marked "Draft" on each page and shall include,in a prominent location in the document, the followingdisclaimer:"Disclaimer: This document is a DRAFT documentprepared by the Settling Parties pursuant to a governmentadministrative order which has not received final acceptance fromthe U.S. Environmental Protection Agency or the State.Theopinions, findings, and conclusions expressed are those of theauthors and not those of the U.S. Environmental Protection Agencyor the State."30.EPA, after opportunity for review and comment by theState, will review the deliverables required by this Order todetermine whether they are consistent with the requirements ofthe SOW and the Order, and will respond to the Settling Partieswith one of four findings:A.Approval - means that the Settling Parties shallproceed with the next scheduled RI/FS activityconsistent with the deliverable.B.Approval with Conditions - means that the SettlingParties shall proceed with the next scheduled RI/FSactivity, subject to certain required modifications orconditions set forth in the EPA comments.EPA willspecify a schedule for resubmitting the deliverablewith the required modifications or conditions as setforth in the EPA comments.If the Settling Partiesfail to resubmit the deliverable within the specifiedtime, EPA may order the Settling Parties to cease work18
on the RI/FS activity until such time as themodification is made or the condition is met.c.Disapproval with Modification Required -- means thatthe Settling Parties shall not proceed until theymodify the deliverable to correct the deficiencies.delineated in EPA's comments, and resubmit thedeliverable for further EPA review.Modifications maybe required in any originally-submitted deliverable,any portions of a deliverable, or any deliverable orportion of deliverable resubmitted to EPA.EPA willspecify a schedule for resubmitting deliverablesrequiring modifications.D.Disapproval with EPA modification -- means that EPA hasdetermined that it will modify the submission to cureany deficiencies and/or undertake the RI/FS or anyportion of the RI/FS itself. EPA will provide noticeprio to undertaking such modification itself.Suchnotice shall include the reasons for the determination,and an explanation why the Settling Parties are notpermitted to cure.However, the decision to undertakesuch a modification shall be the basis for invokingdispute resolution, and not the explanation.A finding of Approvalc Approval with Conditions shall not beconstrued to mean that EPA concurs with all conclusions, methods,or statements in the deliverables.31.Any
Inc.; Winsted Memorial Hospital; Winsted Precision Ball Company (Barden Corporation); and the Torrington Register Publishing Corporation (successor to Winsted Citizen Corporation and Winsted Publishing Co.), d/b/a Winsted Evening Citizen and the Register Citizen arr
