institutional controls and access restrictions plan2002 comment letter, as well as those comments...

REPORT

bull j

Institutional Controls and Access Restrictions Plan

General Electric Company Fletchers Paint Works and Storage

Facility Superfund Site Operable Unit 1 Milford New Hampshire

April2002

i bullDawn M Neville PE General Electric Company Project Manager Corporate Environmental Programs

320 Great Oaks Boulevard Suite 323 Albany NY 12203-5965 Phone 518-862-2711 Dial Comm 8232-2711 Fax 518-862-2702 Dial Comm 8232-2702 E-mail DawnNevillecorporategecom

Transmitted via Email and Federal Express

April 16 2002

Cheryl Sprague Thomas Andrews Remedial Project Manager Project Manager Office of Site Remediation and Restoration New Hampshire Department of US Environmental Protection Agency Environmental Services One Congress Street Suite 1100 (HBO) 6 Hazen Drive Boston MA 02114~2023 Concord NH 03301

Re Fletchers Paint Works and Storage Facility Superfund Site Operable Unit 1 Milford New Hampshire CERCLA Docket No 01-2001-0063 Institutional ControlsAccess Restrictions (ICAR) Piau

Dear Ms Sprague and Mr Andrews

Pursuant to Section XN Paragraph 110 of the Unilateral Administrative Order (UAO) issued by the US Environmental Protection Agency (EPA) to the General Electric Company (GE) for the Fletchers Paint Works and Storage Facility Superfund Site - Operable Unit 1 enclosed are three copies of the Institutional ControlsAccess Restrictions (ICIAR) Plan1

In preparing this ICIAR Plan GE has reviewed and addressed comments issued by the EPA in its March 26 2002 comment letter as well as those comments issued by the Town of Milford in its February 28 2002 comment letter A summary of those comments and how they were addressed is provided below (Please note that although the EPA comments were not numbered numbers have been assigned to those comments in the order they appeared for the purposes of this letter)

EPA Comment 1 - The work plan indicates that any future upgrades or detail to the plan shall be incorporated into the Remedial Action Work Plan The text should indicate that any future details shall be incorporated into an ICIAR plan submitted as part ofthe Remedial Action Work Plan

GE Response GE has revised the text of the IC AR Plan to reflect that further IC AR details will be incorporated into an IC AR Plan submitted as part of the forthcoming Remedial Action Work Plan

EPA Comment 2 amp Town of Milford Comment 4 (EPA comment only follows)- There is language throughout the workplan which references agreements in access to not interfere with on-going work The Towns February 28 2002 comment letter (attached) clearly states the Towns desire to alter this language EPA agrees that alternative language shall be provided which more clearly reflects the agreements made

1 In submitting these plans GE does not waive or modify in any way the reservation of rights contained in its August 27 2001 letter to

EPA regarding the performance of remedial actions at the Site

54912099 Final Letterdoc

Cheryl Sprague Thomas Andrews

April 16 2002 Page 2 of4

regarding this issue rather that the not inteifering with the on-going work language This language when applied to temporary actions seems to cover a broad spectrum and appears to indicate an inflexibility on the behalf ofGE to be able to incorporate Towncommunityproperty owner concerns while the work in on-going without jeopardizing the overall cleanup activities The longer term use ofinstitutional controls in the form of the deed restrictions etc will require very specific language regarding non-interference with the peiformance ofthe work for the protection ofhuman health and the integrity and permanence ofthe cleanup action

GE Response - The language in the draft IC AR was intended to reflect the non-interference provisions of Section VA3 of EPAs July 16 2001 Statement of Work However GE acknowledges that the Town of Milford has no desire to interfere with ongoing work and has revised the text of the ICAR accordingly

EPA Comment 3 - Page 1-3 Paragraph 3 The sentence starting with In addition shall be changed to reflect that EPA has the option ofmodifying the suiface soil cleanup levels set in the ROD for a specific PAH and for arsenic Specifically the ESD included language which would reflect the potential for background concentrations of arsenic to be higher than the 09 mglkg cleanup level set in the ROD and the practical quantitation limit for benzo(a)pyrene to be higher that the ROD level of02 mglkg

GE Response The sentence was included solely as general background information GE has removed the sentence and simply referred to the ESD

EPA Comment 4 Page 1-3 Paragraph 3 The third and fourth sentences shall be re-written to clearly state that the EPA remedy is protective of human health and the environment complies with all applicable or relevantFederal and State requirements and will provide for long-term and permanent remedy for the Site Institutional Controls will be utilized for those areas that as part of the remedy allow for contamination to remain in place which will not allow for future unrestricted use to the site (The current write up seems to indicate that GE can modifY cleanup levels with the result being that materials could be left in place which would not allow for the current unrestricted use ofthe surface soils)middot

middot GE Response- GE has modified the text accordingly

EPA Comment 5 Page 2-3 Section 231 ICIAR during Pre-Design Mill Street- A snow fence should be clearly considered a minimum access restriction Given the location ofthe site and the traffic patterns GE

middotshall provide a hierarchy ofwhat activities andor time frame considerations shall warrant the use ofthe jersey barriers and fencing to provide not just an indication ofa potential hazard at the site but a physical barrier as well Jersey barriers were left on site for future work following the completion ofthe building demolition action

GE Response GE has revised the ICAR plan to provide a hierarchy of the additional types of barriers that may be used at the Site as warranted

EPA Comment 6- Page 2-4 Section 232 ICAR during RA Activities Elm Street Details need to be provided related to access and relocation potential ofthe pedestrian sidewalk in the event that contamination is found above cleanup levels under the sidewalk

GE Response - GE has incorporated additional text regarding the rerouting of pedestrian traffic along Elm Street

EPA Comment 7 -Page 2-4 Section 232 ICAR during RA Activities Mill Street Details need to be provided that would indicate a much broader information release to the public in the event ofany temporary road closure re-routing oftraffic etc

GE Resnonse GE has incorporated additional text regarding broader infOrmation releases to the public for proposed road closures

EPA Comment 8 and Town ofMilford Comment 8 (EPA comment onlyfollows)-FJGURE 2 The proposed fence location in Figure 2 includes fencing ofthe site at the property or land boundaries to the north east and south ofthe Elm Street location However the proposed fence location along the western portion of the Elm Street area crosses beyond and closes the upper entrance to the Keyes Drive and includes a portion of fence running northerly further west ofKeyes Drive until it once again crosses the Keyes Drive just beyond the northerly limits ofthe Elm Street site area The Town ofMilfords comments indicate that the fence location west ofthe Keyes Drive is not on land owned by the Town The Town has also commented correctly that there has long been an understanding that the Keyes Drive would not be closed for public use for the duration ofthe cleanup EPA is also not aware ifGE has an access agreement with the landowners in question allowingfor fencing on the property west ofKeyes Drive

The Agency suggests that further discussion is warranted on this issue and offers one potential solution that the fence be placed immediately adjacent the eastern side ofthe Keyes Drive and continue along the Keyes drive down to the tennis court fencing across to the rivers edge and back along the river to the point at the back ofthe Elm Street area commonly referred to as the former bone yard The fencing ofthese areas would allowfor easy access from the Elm Street site area to the land the Town has formerly indicated would be a potential location for the parking ofsite related trailers equipment etc Traffic and personnel gates would have to be incorporated to allow access as necessary

Temporary access restrictions similar to those non-permanent restrictions proposed for the Mill Street area could be handled for those times during the cleanup when the surface soils outside of the fence and under or abutting the Keyes Drive are addressed The data available to date indicate that those particular areas have relatively shallow contamination and could be address fairly quickly and at a time of minimal use ofKeyes Drive thereby minimizing the impact on the use ofthe Keyes Field

GE Response - GE has revised the limits of the fencing on Figure 2 of the IC AR Plan

Town of Milford Comment 5 Regarding the access agreement referred to in the document the plan should indicate the specific required access throughout the document rather than generic references to access to make it clear throughout the plan what access is required and what the Town has agreed to

GE Response- While GE agrees with the towns comment the addition of specific details regarding exactly what access is needed and what access has been granted would make this document too cumbersome In addition the inclusion of such details would not account for the dynamic nature of the investigation activities

I II Cheryl Sprague

Thomas Andrews April 16 2002

which may require future access to areas for which investigation activities may become necessary Lastly as of the date of this letter GE has not yet gained access to all areas for which investigation activities have been proposed Therefore GE has added text to the IC AR Plan to refer to the various access agreements which have or will be provided to EPA under separate cover

Town of Milford Comment 6 - Section 233 Institutional Controls Following Completion of the Soil Remediation Groundwater Management Zone Page 2-7 refers to the City using best efforts to secure governmental controls We assume that is a typographical error and the document intends to refer to the Town ofMilford

GE Response- GE has made the requested change

Town of Milford Comment 7 Section 33 Institutional Controls Following Completion of the Soil Remediation Page 3-3 refers to best efforts being undertaken for deed notifications and recordation in the Registry ofDeeds to restrict the groundwater in each ofthe properties with the groundwater management zone (GMZ) The Town understands that such efforts would have to be undertaken by GE and that the relevant GMZ boundary should be coincident with property boundaries in that zone where groundwater use must be limited

GE Response - GE has revised the text regarding best efforts for deed notifications and has added additional text from Rule Env-Wm 140314 (d) of the NH Code of Administrative Rules citing the appropriate methods of determining the horizontal boundaries of the GMZ

Sincerely

D~ 1(1~CRA---Dawn M Neville PE GE Project Manager

cc Lee Mayhew Town ofMilford Jane Gardner GE Randall McAlister GE Gary Sheffer GE Leonard Shen GE Bonnie Harrington GE Dawn Neville GE Bob Risch GE David Buente Sidley Brown Austin amp Wood Sam Boxerman Sidley Brown Austin amp Wood James Bieke Shea amp Gardner Sherry Young Rath Young amp Pignatelli Bob Goldman BBL Lowell McBurney BBL Corey Averill BBL

54912099 Final Letter

REPORT ~1

April 2002

BBL BJAS~NP---BOUCK ~_IJ~_LIIf engineers amp solentlsls

Table of Contents

Section 1 Introduction1-1

11 Objective 1 ~1

12 Site History and Description 1-2 13 Format of Document 1-3

Section 2 Anticipated Institutional Controls and Access Restrictions for the Site 2-1

21 Overview 2-1 22 General Description of Institutional Controls and Access Restrictions 2-1

221 Institutional Controls 2-1 222 Engineering ControlsAccess Restrictions 2-2

23 Anticipated Institutional Controls and Access Restrictions 2-2 231 Institutional ControlsAccess Restrictions During Pre-Design and

Design Phases 2-3 232 Institutional ControlsAccess Restrictions During Remedial Action Activities 2-5 233 Institutional Controls Following Completion of the Soil Remediation 2-7

Section 3 Schedule u l-1

31 Institutional ControlsAccess Restrictions During Pre-Design and Design Phases 3-1 32 Institutional ControlsAccess Restrictions During Remedial Action Activities 3-1 33 Institutional Controls Following Completion of the Soil Remediation 3-2gt0

Figures 1 Site Location Map 2 Elm Street Area 3 Mill Street Area

Attachments A Consent Decree in United States ofAmerica v Town of Milford New Hampshire Civil Action No 98-430-B

(D NH July 10 1998) and Appendix B thereto (Environmental Protection Easement and Declaration of Restrictive Covenants)

41602 engineers amp scientists 1 54912099 Final Verslondoc

1 Introduction

11 Objective

This Institutional Controls and Access Restrictions Plan (ICIAR Plan) is submitted by the General Electric

Company (GE) for the Fletchers Paint Works and Storage Facility Superfund Site Operable Unit 1 (Site or OUshy

1) in Milford New Hampshire This ICAR Plan has been prepared in accordance with the requirements of a

Unilateral Administrative Order (UAO) issued by the US Environmental Protection Agency (EPA) to GE for

the Site on July 16 2001 effective August 15 2001 (as modified by EPA on August 15 2001) and an attached

Statement of Work (SOW) dated July 2001 The UAO directs GE to conduct pre-design remedial design and

remedial action activities (collectively referred to herein as RDRA activities) necessary to design and

implement EPAs selected remedy for the Site as described in EPAs (1) Record of Decision (ROD) for OU-1

dated September 30 1998 (2) Explanation of Significant Differences (ESD) dated March 14 2001 and (3) the

July 2001 SOW

The UAO and the SOW contain a number of requirements relating to institutional controls and access

restrictions Specifically EPA has directed that institutional controls and access restrictions be implemented as

follows

bull At the Elm Street Area Institutional controls in the form of deed restrictions are to be implemented to

prevent unauthorized access into the subsurface and to restrict future use of the Elm Street Area UAO ~

55g SOWsect illA2g at 6

bull At the Groundwater Management Zone (GMZ) Once the GMZ is established institutional controls are to

be implemented to restrict the use of the groundwater within the GMZ while concentrations are in excess of

drinking water standards UAO ~ 56a SOWsect IIIA3a at 6

bull At the Elm Street and Mill Street Areas Site preparation work will include establishing Site security The

chain link fence and jersey barriers at Elm Street may be used to the extent practicable to secure processing

and staging areas Additional fencing may be required to restrict public access to the staging areas

treatment facilities soils and open excavation SOWsect IIIB2 at 7

BLASLAND BOUCK amp LEE INC 41602 engineers amp scientists 1-1 54912099 Final Versiondoc

with an annual production volume ranging between 25000 to 35000 gallons Also Fletchers Paint operated as

a middle man obtaining and selling for profit industrial chemicals and other materials

According to EPA the areas that comprise OU-1middot were identified based on a number ofconsiderations including

geographic location prior regulatory definition and status scope and timing of response actions current and

reasonably foreseeable land use and nature and extent of the affected media These areas include the Elm Street

and Mill Street Areas (now owned by the Town ofMilford) and private property in the vicinity of those parcels

The Souhegan River and Keyes Field are not subject to the RDIRA activities required by the UAO although

EPA has indicated that Keyes Field may be needed to stage equipment and soils

For RDIRA activities at OU-1 Performance Standards andor cleanup objectives were established by EPA in the

ROD subject further to the requirements of the ESD and are included by EPA in the UAO and SOW EPA has

determined that the EPA remedy is protective of human health and the environment complies with all

applicable or relevant Federal and State requirements and will provide for a long term and permanent remedy

for the Site Institutional controls will be utilized for those areas that as part of the remedy do not allow

unrestricted use of portions ofthe Site

13 Format of Document

The remainder of this document is presented in two sections Section 2 contains a general description of

institutional controls and access restrictions and identifies the institutional controls and access restrictions that

will or may be used at the Site during and after the RDIRA activities Section 3 provides a schedule for

implementing these controls at the Site

41602 engineers amp scientists 54912099 Final Vcrsiondoc

2 Anticipated Institutional Controls and Access Restrictions for the Site

21 Overview

During a response action it is often necessary to establish and implement short-term measures that prevent

access or limit non-response action activities at a site For example engineering controls may be used to restrict

access (eg fencing signs etc) After a response action is completed permanent or long-term institutional

controls andor access restrictioflS may be required For example the area or affected parcels may require a

permanent deed restriction

The objective of the institutional controls and access restrictions will be (a) to prevent exposure by the public

to potentially contaminated Site-related materials during the RDRA activities (b) to prevent exposure to any

such materials that may as part of the remedy remain in place after response actions are completed and (c) to

prevent actions that could interfere with the integrity of the remedy after it is completed

Section 22 provides a general description of institutional controls and access restrictions Section 23 then

describes the anticipated institutional controls and access restrictions for this Site during pre-design and design

activities during remedial action activities and following completion of the remedial actions for soil

22 General Description of Institutional Controls and Access Restrictions

221 Institutional Controls

Institutional controls are administrative andor legal controls that minimize the potential for human exposure to

any on-site contamination andor protect the integrity of a remedy by limiting land or resource use According to

EPA guidance institutional controls can fall into four categories summarized below

1 Governmental Controls Governmental controls most often implemented and enforced by the local andor

state government include zoning restrictions ordinances statutes building permits and other provisions

that restrict land use at a site

BLASLAND BOUCK amp LEE INC 416102 engineers amp scientists 2-1 54912099 Final Vcrsiortdoc

231 Institutional ControlsAccess Restrictions During Pre-Design and Design Phases

During the pre-design investigations and remedial design work at the Site the pnmary institutional

controlsaccess restrictions to be implemented will consist of fencing and signage as necessary to restrict public

access to potentially contaminated materials at the Site as well as the appropriate access agreements in

accordance with the Section VA3 of the SOW which require GE to establish and maintain the necessary

institutional controls and access restrictions which will ensure non-interference with the performance of the

Work Since GE will have several access agreements with several separate property owners in order to conduct

the pre-design investigation activities proposed for the Site all subsequent references to such access agreements

are necessarily general in nature Specific details regarding access are found within each access agreement

which has or will be provided to EPA

Elm Street Area

bull Fence and signs At the Elm Street Area GE will utilize the existing chain-link fencing and the existing

warning signs to restrict public access to the area During Site preparation activities GE will make any

necessary and reasonable repairs to these fences and signs fu addition before starting

samplinginvestigation activities within Elm Street or Keyes Drive GE will utilize traffic warning and

diversion signagestructures (eg orange cones sawhorses with flashing beacons men working signage

etc) consistent with those employed by Town ofMilford Department of Public Works employees or other

utility workers GE intends to work closely with the Town of Milford and the Milford Police Department

regarding scheduling and controls for any required work activities within these roadways GE will also

attempt to schedule these activities when roadway use is lower to reduce the impact to the Town ofMilford

GE will work closely with EPA and Town of Milford representatives to identify alternate traffic routes

establish appropriate signage install physical barriers and provide adequate notice to the public regarding

any planned street closures and rerouting of traffic

bull Access agreement GE is currently engaged in discussions with representatives from the Town of Milford

regarding access agreements for the Town-owned areas during the pre-design and design phases including

the Elm Street Area adjacent portions of Elm Street the adjacent cemetery Keyes Drive and a portion of

Keyes Park GE anticipates that the Town will grant GE access to these areas lri the unlikely event that

access negotiations are unsuccessful GE may seek EPAs assistance in obtaining access from the Town

BLASLAND BOUCK amp lEE INC------------------shy4i 602 engineers amp scientists 2-3 549l2099 Final Version doc

bull Access agreements GE has obtained access agreements for the pre-design investigations from most of the

owners of private properties to which access may be needed to perform such investigations and it is

currently engaged in efforts to obtain such access agreements from the remaining private property owners

including the Boston amp Maine Railroad and Hampshire Paper Aside from the access agreements it does

not appear at this time that any further restrictions to public access will be necessary at these properties to

allow the performance of the pre-design or design activities However if it should become apparent that

such restrictions are necessary they will likewise be sought from the property owners

232 Institutional ControlsAccess Restrictions During Remedial Action Activities

During the performance of remedial action activities the primary institutional controlsaccess restrictions to be

implemented will consist of more extensive fencing and signage as well as again appropriate access

agreements These items are described below

Elm Street Area - f

bull Fence and other barriers Prior to the commencement of remedial actions the chain-link fence at this area

will be inspected and repairs will be made as necessary to ensure the fence is adequate to secure the Site

Depending upon the extent of the excavation required it may be appropriate to expand the fence andor

install other types of barriers For example if excavation is required up to the sidewalk plywood may be

placed on the fence and a cover placed over the walkway Details regarding any upgrades to physical

barriers will be developed during design and will be incorporated into an IC AR Plan submitted as part of

the forthcoming Remedial Action Work Plan Should it be necessary to close the sidewalk adjacent to the

Elm Street Area GE will do so in a manner consistent with that employed by EPA during the building

demolition activities at the Elm Street Area Specifically after consulting with Town of Milford

representatives regarding the exact locations and schedule a physical barrier (eg sawhorse with flashing

beacon jersey barrier etc) and appropriate signage will be located east and west of the Site and temporary

crosswalks will be demarcated if permanent crosswalks are unavailable Pedestrian traffic will be diverted

until the sidewalks are restored to use GE will work closely with EPA and Town of Milford representatives

to provide adequate notice to the public regarding any planned sidewalk closures and rerouting of pedestrian

traffic

BLASLAND BOUCK amp LEE INC 4 6102 engineers amp scientists 5492099 Final Versiondoc

that subsequent access negotiations are unsuccessful GE may seek EPAs assistance to obtain access from

middot those properties as needed

bull Access restrictions Ihsnot knownatthis point whether specific access restrictions will be required at

properties other than the Elm Street and Mill Street Areas during the conduct of remedial actions That will

depend upon the results of the pre-design investigations and the design of the remedial action Details will

be developed during design and will be incorporated into an ICAR Plan submitted as part of the

forthcoming Remedial Action Work Plan

233 Institutional Controls Following Completion of the Soil Remediation

Following completion of the remedial actions for soils the Town plans to use the Elm Street Area as a paved

parking lot and to realign Mill Street so that it covers most of the current Mill Street Area with the remainder of

that area constituting the shoulder of the road As required by the UAO and SOW certain long-term

institutional controls will be necessary at portions of the Site These long-term institutional controls are

discussed below

Elm Street Area (Soil)

bull Deed restrictions After completion of the soil remediation required by EPA and the associated Site

restoration institutional controls in the form of deed restrictions are required to be implemented to prevent

unauthorized access into the subsurface and to restrict future use of the Elm Street Area In the 1998

Consent Decree executed by the United States and the Town of Milford the Town agreed to impose such

deed restrictions on its property at the Site at EPAs request Specifically the Town agreed to impose a

deed restriction in the form of an Environmental Protection Easement and Declaration of Restrictive

Covenants (Easement) a copy of which was attached to the Consent Decree (A copy of that Consent

Decree and the attached Easement is attached to this ICAR Plan as Attachment A) The Easement (which

will run with the land) would prohibit among other things any disturbance of the surface or subsurface of

the property by any filling drilling excavation removal of materials or other change in topography except

in the designated utility corridor at the Elm Street Area and except for the Tmvns proposed development of

the surface of the land in that area for use as a recreation area (ie parking lot) Accordingly the proposed

41602 engineers amp scientists 2-7 54912099 Final Versioltdoc

bull i

bull Possible governmental controls It should also be noted that the Towns Consent Decree provides further

that if EPA determines that land or water use restrictions in the form of local laws regulations ordinances

or other governmentateomolsarenecessarytoensure the protectiveness of the ROD remedy the Town of

Milford is required to use its best efforts to secure such governmental controls Hence in addition to the

establishment of the notices described above EPA may decide to request the Town pursuant to its Consent _ Decree to enact an ordinance prohibiting the use of groundwater within the GMZ until such time as

drinking water standards are met

41602 engineers amp scientists 54912099 Final VersioRdoc

3 Schedule

31 lnstitutiorUtiConfrolsAccessRestrictions During Pre-Design and Design Phases

For the institutional controlsaccess restrictions that will be implemented during the pre-design investigations as

described in Section 231 GE proposes the following schedule

bull The fence and signs at the Elm Street Area are already in place Any necessary repairs to them will be made

during Site preparation activities for the pre-design investigations

bull The temporary fencing and signs for certain pre-design activities at the Mill Street Area that will involve

open excavations heavy operating equipment etc (as described in Section 231) will be put in place during

the pre-design investigations but before the activities in question occur or the equipment in question is left

unattended

bull Most access agreements for the pre-design investigations are already in place Agreements with the Town

the Railroad and Hampshire Paper are currently being negotiated The status of GEs access efforts has

been reported to EPA separately It is anticipated that any remaining agreements will be reached shortly

subject to the cooperation of those parties If those negotiations are not successful GE will turn to EPA for

assistance in obtaining access

bull These institutional controlsaccess restrictions will be reevaluated during the development of the Remedial

Design Work Plan If any upgrades or modifications are necessary for the remedial design phase such

upgrades or modifications will be proposed in the Remedial Design Work Plan along with a schedule for

implementation

For the institutional controlsaccess restrictions that will be implemented during remedial action activities as

BLASLAND BOUCK amp LEE INC 4f 6102 engineers amp scientists 3-1 54912099 Final Versimdoc

bull For the properties within the GMZ GE will undertake best efforts to ensure that the notifications are made

and appropriate notices recorded in the Hillsborough County Registry of Deeds to restrict groundwater use

at each of the properties within the GMZ (in accordance with NH Rev Stat sect485-C and NH Admin Code

Env-Wm 1403)ccBuehmiddotnotifioatiegtns will be made before a Final Remedial Construction Report on the soil

remediation is submitted to EPA The boundaries of the GMZ will be developed in accordance with Rule

Env-Wm 140314 (d) of the NH Code of Administrative Rules which states that the boundaries of the

groundwater management zone shall be denoted by clearly identifiable physical features unless the

boundaries coincide with existing property lines As indicated in the January 2002 Surface Water and

Groundwater Monitoring Plan GE proposes to delineate the horizontal boundaries of the GMZ using

bull l clearly identifiable physical features such as monitoring wells and the Souhegan River

4i 6i02 engineers amp scientists 5492099 Final Version doc

Figuresiltl

I bull j

BBL 13_LASIANDJl_OU(Jlt~l~INC engineers amp scientists

REFERENCE Base Map Source USGS 75 Minute Quads Series Milford New Hampshire Photorevised 1985

GENERAL ELECTRIC COMPANY 1000 0 1000 MILFORD NEW HAMPSHIRE

FLETCHERS PAINT WORKS AND STORAGE Approximate Scale 1 = 1000 FACILITY SUPERFUND SITE bull OU-1

SITE LOCATION MAP

FIGUREBBL1201 SYR-054-DJH LBR AREA LOCATION IIIJISINC) BOUCK ~ LEE INC 1000200210002n03cdr bullnqtneert a tofenthtt

i bull l

------- APPROXIMATE PROPERTlt LINE

-x--x~- EXISTING FENCE (TO BE REMOVED)

-x--x- PROPOSED FENCE (TO BE ERECTED)

X 10002X04DWG L ON-bull OFFbullREF P PAGESETPLT-Dl 41602 SYR-54-0MW SOL RLP N1000200l10002B010WG

1 lHE BASE MAF WAS SCANNED FROM A PHOTOCOPY DRAWING ENTITLED ELM STREET PROPERTlt - PLAN VIEW PREPARED BY GEOSYNTEC DATED APRIL 1999 AND FROM SURVEY INFORMA110N PROVIDED BY GENERAL ELECTRIC COMPANY

2 ALL FEATURES AND LOCATIONS ARE APPROXIMATE

o ltl(t oobull H 4- ===-=d -

GENERAL ELECTRIC COMPANY MILfORD NEW HAMPSHIRE

FLETCHERS PAINT WORKS AND STORAGE FACILITY SUPERFUND SITE - OU-1

ELM STREET AREA

FIGUREBBLBIASIAND BOUCK amplEE INC engineer amp IICfenifs

bull 1

X 10002XMIYWG t ON-bull OffREf p PAGESETIIT-01 141602 SYR-_LJP DJP RlJ H1000200710002902DWG

------- APPROXIMATE PROPERTY LINE

1 niE BASE MAP WAS SCANNED FROM A PHOiOCOfgtY ORAWING ENTITtED- bullELM S1RpoundET PROPERTY PLAN 111pound11 PruiAAEO BY GEOSYNTEC DATED APRil 1199 ANI) FROM SURvpoundyen INFOOMATION PROVIDED BY GENERAL ElECmtC COMPANY

2 ALL FEATURES AND LOOATICNS ARE APPROXIMATE

lt40 150

GENERAL ELECTRIC COMPANY MILFORD NEW HAMPSHIRE

MILL STREET AREAr

FlGUREBBLBIASIAND BOUCK amplEE INC engineers ~ rcientlsl$

J 1 J ]

J ~l d

] Attachment A

] Consent Decree in United States of America v Town of Milford

New Hampshire

BBL BLAsectIANQ B()IJ9_K amp LtEJt-1pound engineers amp scientists

UNITED STATES OF AMERlCA Plaintiff v TilE TOWN OF MILFORD NEW HAMPSHIRJ Defendant

CIVIL ACTION NO 98-430-B

UNITED STATES DISTRlCT COURT DISTRlCT OF NEW HAMPSHIRE

1998 EPA Consent LEXIS 123

July 10 1998

COUNSEL [1] LOIS J SCHIFFER Assistant Attorney General Environment and Natural Resources Division US Department of Justice Washington DC 20530 FRANCIS X LYONS (06199617 IL) Trial Attorney Environmental Enforcement Section Environment and Natural Resources Division US Department ofJustice PO Box 7611 Ben Franklin Station Washington DC 20044 (202) 514-4183 PAUL M GAGNON United States Attorney District of New Hampshire GRETCHEN L WITT Chief Civil Assistant Office of the US Attorney District ofNew Hampshire JOHN P DEVILLARS Regional Administrator Region I US Environmental Protection Agency John F Kennedy Federal Building Boston Massachusetts 02203 LLOYD SELBST Enforcement Counsel US Environmental Protection Agency JF Kennedy Federal Building-RCV Boston Massachusetts 02203

OPINION

CONSENT DECREE

TABLE OF CONTENTS I BACKGROUND 3 II JURISDICTION 6 III PARTIES BOUND 7 IV DEFINITIONS 7 V REIMBURSEMENT OF RESPONSE COSTS 11 VI PERFORMANCE OF SERVICES 15 VII FAILURE TO COMPLY WITH CONSENT DECREE 19 VIII NOTICE ACCESS AND INSTITUTIONAL CONTROLS 21 IX COVENANTS NOT TO SUE BY PLAINTIFFS 27 X COVENANTS BY SETTLING DEFENDANT 30 XI EFFECT OF SETTLEMENT CONTRIBUTION PROTECTION 31 XII ACCESS TO INFORMATION XIII RETENTION OF RECORDS XIV NOTICES AND SUBMISSIONS XV APPENDICES XVI RETENTION OF JURISDICTION XVII LODGING AND OPPORTUNITY FOR XVIII SIGNATORIESSERVICE XIX FINAL JUDGMENT

[2] L BACKGROUND

33 35 36 37 38

PUBLIC COMMENT 38 38 39

A The United States ofAmerica (United States) on behalfof the Administrator of the United States Environmentalmiddot Protection Agency (EPA) filed a complaint in this matter in the United States District Court for the District ofNew Hampshire against the Town ofMilford New Hampshire (Settling Defendant) pursuant to Section 107 of the Comprehensive Environmental Response Compensation and Liability Act of 1980 42 USC sect 9607 as amended (CERCLA)

bull 1

implementation of this Consent Decree wiH expedite the cleanup of the Site and that the Decree is fair reasonable consistent with the purposes ofCERCLA and is in the public interest

NOW TIIEREFORE with the consent of the Parties to this Decree it is hereby ORDERED ADJUDGED AND DECREED

II JURISDICIION

1 This Court has jurisdiction over the subject matter of this Consent Decree pursuant to 28 USC sectsect 1331 and 1345 and Sections 107 and 113(b) ofCERCLA 42 USC sectsect 9607 and 9613(b) This Court also has personal jurisdiction over the Parties to this Decree The complaint states claims upon which ifproven relief could be granted Solely for the limited purpose ofentering into this Consent Decree Settling Defendant waives all objections and defenses that it may have to jurisdiction [7] of the Court or to venue in this District and shall not challenge the entry of this Consent Decree or this Courts jurisdiction to enter and enforce this Consent Decree

IlL PARTIES BOUND

2 This Consent Decree is binding upon the United States on behalfofEPA and Settling Defendant its officials successors and assigns Any change in the legal status including but not limited to any transfer of assets or real or personal property shall in no way alter the status or responsibilities ofSettling Defendant under this Consent Decree except as provided for in Paragraphs 5 6 7 9C 16 and 19 of this Consent Decree Settling Defendant agrees to provide its successors and assigns written notice of this Consent Decree and to provide to the United States and the State in accordance with Section XN (Notices and Submissions) of this Decree notice of such transfer to successors or

middotassigns

IV DEFINITIONS

3 Unless otherwise expressly provided herein terms used in this Consent Decree which are defmed in CERCLA or in regulations promulgated under CERCLA shall have the meaning assigned to them in CERCLA orin such regulations Whenever terms listed below are [8] used in this Consent Decree or in any appendix attached hereto the following definitions shall apply

A CERCLA shall mean the Comprehensive Environmental Response Compensation and Liability Act of 1980 as amended 42 USC sectsect 9601 et seq

B Certification of Completion shall mean EPAs certification pursuant to Section 122(f)(3) ofCERCLA 42 USC sect 9622(i)(3) that the Remedial Action has been completed at the Site in accordance with the requirements of CERCLA the National Contingency Plan (NCP) and the future ROD at the Site

C Consent Decree or Decree shall mean this Decree and all appendices attached hereto In the event of a conflict between this Consent Decree and any appendix the Consent Decree shall control

D Day shall mean a calendar day In computing any period of time under this Consent Decree where the last day would fall on a Saturday Sunday or Federal or State Holiday the period shall run until the close ofbusiness of the next working day

E EPA shall mean the United States Environmental Protection Agency and any successor departments or agencies

F First Operable Unit shall mean those portions of the Site other than the Keyes [9] Municipal Well Field and other than portions of the Souhegan River located in close proximity to the Elm Street parcel of the Site

G Future Response Costs shall mean all costs including but not limited to direct and indirect costs that EPA or the United States Department of Justice or any other person will incur or pay in connection with response actions at the Site after the date of entry of this Decree

A Court Registry Account

On the date oflodging of this Consent Decree Settling Defendant shall deposit its frrst cash payment of $3107000 (the Fund) into the registry of this Court which shall bear interest in accordance vvith this Courts applicable [13] investment procedures Until the Court orders entry ofthis Consent Decree the Fund together with accrued interest shall not be released unless otherwise agreed by the United States and Settling Defendant

B Payment of Fund to the United States

Upon entry of this Consent Decree the Fund and all accrued interest shall be transferred by FedWire Electronic Funds Transfer (EFT) to the US Department ofJustice account in accordance with current EFT procedures referencing the USAO File number the EPA Region and Site Spill ID Number OlD I and DOJ Case Number 90-ll-3-684A The disbursement of funds from the Fund shall be made in accordance with the instructions provided to the Clerk ofCourt by the Financial Management Unit of the US Attorneys Office in the District ofNew Hampshire such instructions shall be provided upon the filing of a motion to enter the Consent Decree Any payments received by the Department of Justice after 400pm Eastern Time shall be credited on the next business day If for any reason this Court determines that it will not approve this Consent Decree the parties shall not be bound hereunder and the Fund and all accrued interest shall be [14] returned to Settling Defendant according to instructions to be provided by Settling Defendant

C Notice of Disbursement

At the time of the disbursement of funds from the Fund the Clerk of Court shall send written notice ofpayment and a copy of any transmittal documentation to EPA and DOJ at the addresses set forth in Section XIV (Notices and Submissions) and simultaneously to Chief Search and Cost Recovery Office USEPA (HBS) JFK Federal Building Boston Massachusetts 02203

D Application For Return OfFee Assessment

This Consent Decree shall be deemed an application for return of any registry fee deducted by the Clerk of Court pursuant to Local Rule 67 2( c) Upon entry ofthis Consent Decree any such registry fee shall be included in the disbursement to the United States provided for by this Section

5 If after the date oflodging of this Consent Decree Settling Defendant acquires ownership of any real property located within the Site including the real property described in Exhibit 1 to Appendix A of this Consent Decree and if Settling Defendant subsequently transfers such real property or any portion thereof to an unrelated third party purchaser [15] Settling Defendant shall make additional payments as follows If Settling Defendant realizes any Net Resale Gains upon such transfer ofproperty Settling Defendant shall in addition to making the payments specified in Paragraph 4 of this Consent Decree pay to the United States 50 of the Net Resale Gains Settling Defendant receives from the sale of such real property Such payment shall be made within 30 days of the date Settling Defendant transfers such property shall include Interest from the date ofsuch transfer and shall be made in accordance with the procedures in this Section V (Reimbursement ofResponse Costs) of this Consent Decree For purposes of this Section the following definitions shall apply

A Net Resale Gains shall mean the gross purchase price paid to Settling Defendant by the unrelated third party purchaser of any portion of the real property described in Exhibit 1 to Appendix A to this Consent Decree less Sales Costs and less the value of any real estate property tax lien which Settling Defendant has filed against such property as of the date of entry of this Consent Decree

B Sales Costs shall mean the total ofthe following out-of-pocket costs [16) by Settling Defendant to sell the property described in Exhibit 1 to Appendix A to this Consent Decree attorneys fees consultants fees brokerage commissions transfer taxes recording costs and other customary closing costs

6 Upon each such payment by Settling Defendant to the United States in accordance with Paragraph 5 of this Consent Decree Settling Defendant shall certify to the United States the amount ofNet Resale Gains and Sales Costs Notwithstanding the foregoing no such certification shall preclude the United States from making a claim against Settling Defendant for unpaid Net Resale Gains

supporting that position and any supporting documentation relied upon by the Settling Defendant Such Statement of Position shall be served upon those parties listed in Section XIV (Notices and Submissions) ofthis Consent Decree

C Within 20 days after receipt of Settling Defendants Statement of Position EPA will serve on Settling Defendant its Statement ofPosition including but not limited to any factual data analysis or opinion supporting that position and all supporting documentation relied upon by EPA

D An administrative record of the dispute shall be maintained by EPA and shall contain all statements ofposition including supporting documentation submitted pursuant to this [21J Paragraph Where appropriate EPA may allow submission of supplemental statements ofposition

E The Director of the Office ofSite Remediation and Restoration EPA Region I shall issue a decision resolving the dispute based on the administrative record This decision shall be binding upon the Settling Defendant subject to Settling Defendants option to appeal this decision to the Regional Administrator ofEPA Region I within 10 days of receipt of this decision In the event Settling Defendant appeals this decision to the Regional Administrator the Regional Administrator shall issue a final decision resolving the dispute based on the administrative record This decision shall be binding upon the Settling Defendant

F The invocation of the dispute resolution procedures described herein shall not extend postpone or affect in any way any obligation of Settling Defendant under this Consent Decree not directly in dispute unless EPA agrees otherwise Stipulated penalties with respect to the disputed matter shall continue to accrue but payment shall be stayed pending resolution of the dispute In the event Settling Defendant prevails under these dispute resolution procedures [22] stipulated penalties will not be assessed with respect to only that part ofany dispute upon which Settling Defendant prevailed

VII F AlLURE TO COMPLY WTI1I CONSENT DECREE

11 Interest on Late Payments In the event that the payment due to the United States required by Section V is not made when due Interest shall continue to accrue on the overdue amount through the date ofpayment

12 Stipulated Penalties

A If any amounts due to the United States under this Consent Decree are not paid by the required dates Settling Defendant shall pay as a stipulated penalty to the United States in addition to the Interest required by Paragraph 7 $1000 per day that any such payment is late

B For each day ofeach violation of Section VI (Performance of Services) or Section VIII (Access and Institutional Controls) Settling Defendant shall pay as a stipulated penalty $1000 Each such violation shall be considered a separate violation ofthis Order

C For each day of each violation of Section XII (Access to Information) or Section XIII (Retention ofRecords) Settling Defendant shall pay as a stipulated penalty $800 Each such violation shall be considered a separate [23) violation of this Order

D Stipulated penalties under this Consent Decree shall begin to accrue as of the date ofSettling Defendants failure to comply with its obligations under this Consent Decree Stipulated penalties are due and payable within 30 days of Settling Defendants receipt from EPA ofa demand for payment of stipulated penalties Stipulated penalties are in addition to and not in lieu of all other payments and Interest due under this Decree All payments to the United States under this Paragraph shall be paid by certified check made payable to EPA Hazardous Substance Superfund shall be mailed to EPA Region I Attn Superfund Accounting PO Box 360197M Pittsburgh PA 15251 and shall reference the EPA Region and Site Spill ID Number 0 lD1 and DOJ Case Number 90-11-3-684A

E Penalties shall accrue as provided above regardless of whether the United States has notified Settling Defendant of the violation or made a demand for payment and shall be paid within 10 days of a demand therefore All penalties shall begin to accrue on the day after complete performance is due or the day a violation occurs and shall continue to accrue

A corrnnencing on the date oflodging of this Consent Decree provide the United States and its representatives including EPA and its contractors with access at all reasonable times to the Site or such other propertY for the [28] purpose of conducting any activity related to this Consent Decree or the remedy selected or to be selected in the ROD including but not limited to the following activities

i Monitoring the work

ii Verifying any data or information submitted to the United States

iii Conducting investigations relating to contamination at or near the Site

iv Obtaining samples

v Assessing the need for planning or implementing additional response actions at or near the Site

vi Implementing the work pursuant to the ROD for the Site

vii Inspecting and copying records operating logs contracts or other documents maintained or generated by Settling Defendant or its agents consistent with Section XII (Access to Information)

viii Assessing compliance with this Consent Decree or any other Consent Decree related to the Site and

ix Determining whether the Site or other property is being used in a manner that is prohibited or restricted or that may need to be prohibited or restricted by or pursuant to this Consent Decree or the remedy selected in the ROD middot middot

B commencing on the date of lodging of this Consent Decree refrain from using the S~te or such other property in any manner that [29] would interfere with or adversely affect the integrity or protectiveness ofthe remedial measures to be implemented pursuant to this Consent Decree or the remedy selected in the ROD and

C upon request by EPA execute and record in the Recorders Office ofHillsborough County State ofNew Hampshire an easement running with the land that (i) grants a right of access for the purpose ofconducting any activity related to this Consent Decree or the remedy selected in the ROD including but not limited to those activities listed in Paragraph 17 of this Consent Decree and (ii) grants any landwater use restrictions or other restrictions that EPA determines are necessary to implement ensure non-interference with or ensure the protectiveness of the remedial measures to be performed pursuant to this Consent Decree and the remedy selected in the ROD and the rights to enforce such restrictions The Settling Defendant shall grant the access rights and the rights to enforce the landwater

middotc use restrictions to one or more of the following persons as determined by EPA (i) the United States on belialfofEPA and its representatives (ii) the State ofNew Hampshire and its representatives [30] andor (iii) other appropriate grantees The Settling Defendant shall within 45 days of EPAs request submit to EPA for review and approval with respect to such property

i a draft easement in substantially the form attached hereto as Appendix B that is enforceable under the laws of the State ofNew Hampshire free and clear of all prior liens and encumbrances (except as approved by EPA) and acceptable under the Attorney Generals Title Regulations promulgated pursuant to 40 USC sect 255 and

ii a current title commitment or report prepared in accordance with the US Department of Justice Standards for the Preparation of Title Evidence in Land Acquisitions by the United States (1970) (the Standards)

Within 15 days of EPAs approval and acceptance of the easement the Settling Defendant shall update the title search and if it is determined that nothing has occurred since the effective date of the commitment or report to affect the title adversely record the easement with the Recorders Office ofHillsborough County Within 30 days of recording the easement the Settling Defendant shall provide EPA with final title evidence acceptable under the Standards and a certified [31] copy of the original recorded easement showing the clerks recording stamps

[35] that infonnation and those conditions set forth in the Record ofDecision the administrative record supporting the Record of Decision and the post-ROD administrative record for the Record ofDecision prior to Certification of Completion of the Remedial Action

25 General Reservations ofRights The covenants not to sue set forth above do not pertain to any matters other than those expressly specified in Paragraph 21 ofthis Decree The United States including its departments agencies and instrumentalities reserves and this Consent Decree is without prejudice to all rights against Settling Defendant with respect to all other matters including but not limited to the following

A claims based on a failure by Settling Defendant to meet a requirement of this Consent Decree

B liability arising from the past present or future disposal rei ease or threat of release ofWaste Materials at locations other than the Site

C liability for damages for injury to destruction of or loss of natural resources including the reasonable costs of assessing such injury destruction or loss

D criminal liability

E liability if any for any violations of federal or state law

F liability (36] for the disposal release or threat of release of any Waste Materials at the Site after the date of lodging ofthe Consent Decree and

G liability for performance of response actions or for reimbursement of response costs related to any portion of the Site not located within the First Operable Unit of the Site

X COVENANTS BY SEITLING DEFENDANT

26 Settling Defendant hereby covenants not to sue and agrees not to assert any claims or causes ofaction against the United States including any agency department or instrumentality of the United States with respect to the First Operable Unit or this Consent Decree including but not limited to any direct or indirect claim for reimbursement from the Hazardous Substance Superfund (established pursuant to the Internal Revenue Code 26 USC sect 9507) under CERCLA Sections 106(b)(2) 107 111 112 or 113 or any other provision oflaw any claim pursuant to CERCLA Sections 107 and 113 any claim under the Equal Access to Justice Act 28 USC sect 2412 as amended by PL 104-121 (March 29 1996) any claims under the United States Constitution or the Tucker Act 28 US C sect 1491 or at common law or arising out of or relating [37] to access to or imposition oflnstitutional Controls or other restrictions on the use or enjoyment of the Site or any property owned or controlled by the Settling Defendant in proximity to the Site or response activities at the Site or any claim arising out of the release or the threat ofrelease ofWaste Material at the Site Nothing in this Consent Decree shall be deemed to constitute preauthorization of a claim within the meaning of Section 111 ofCERCLA 42 US Csect 9611 or 40 CFR sect 300700(d)

XI EFFECT OF SETTLEMENT CONTRIBUTION PROTECTION

27 Nothing in this Consent Decree shall be construed to create any rights in or grant any cause of action to any person not a party to this Consent Decree Each of the Parties expressly reserves any and all rights (including but not limited to any right to contribution) defenses claims demands and causes of action which each party may have with respect to any matter transaction or occurrence relating in any way to the Site against any person not a Party hereto

28 The Parties hereto agree and by entering this Consent Decree this Court fmds that as of the effective date of this Consent Decree Settling Defendant [38] is entitled to such protection from contribution actions or claims as is provided by CERCLA Section 113(f)(2) 42 USC sect 9613(f)(2) for matters addressed in this Consent Decree The matters addressed in this Consent Decree are Past Response Costs and Future Response Costs related to the First Operable Unit at the Site

34 At the conclusion of this document retention period Settling Defendant shall notify the United States at least 90 days prior to the destruction of any such records or documents and upon request by the United States Settling Defendant shall deliver any such records or documents to the United States Settling Defendant may assert that certain documents records and other information are privileged under the attorney-client privilege or any other privilege recognized by federal law in the manner provided in Paragraph 32 above provided however any document record or other information for which Settling Defendant has asserted a privilege claim shall be retained until any challenge to the asserted claim is fmally resolved

35 To the best of Settling Defendants information and belief [43] after thorough inquiry Settling Defendant hereby certifies that it has not altered mutilated discarded destroyed or otherwise disposed of any records documents or other information relating to its potential liability regarding the Site since notification ofpotential liability by the United States or the filing of suit against it regarding the Site and that it has fully complied with any and all EPA requests for information pursuant to Sections 104(e) and 122(e) ofCERCLA and Section 3007 ofRCRA

XIV NOTICES AND SUBMISSIONS

36 Unless otherwise provided herein whenever under the terms of this Consent Decree notice is required to be given or a document is required to be sent by one party to another it shall be directed to the individuals at the addresses specified below unless those individuals or their successors give notice of a change to the other Parties in writing Written notice as specified herein shall constitute complete satisfaction of any written notice requirement ofthe Consent Decree with respect to the United States EPA and Settling Defendant respectively

As to the United States

Chief Environmental Enforcement Section

Environment and [44] Natural Resources Division

US Department ofJustice

P 0 Box 7611

Ben Franklin Station

Washington DC 20044

Re DOJ 90-ll-3-684A

and to EPA as specified below

As to EPA

Harley F Laing

Director

Office of Site Remediation and Restoration

US Environmental Protection Agency

JFK Federal Building (HBO)

Boston liA 02203-2211

Re Fletcher Paint Works and Storage Facility Superfund Site

40 If for any reason this Court should decline to approve this Consent Decree in the form presented this agreement is voidable at the sole discretion ofany party and the terms of the agreement may not be used as evidence in any litigation between the Parties

XVIII SIGNATORIESSERVICE

41 This Decree may be executed in two (2) or more counterparts each of which shall be deemed an original but all ofwhich together shall constitute one and the same instrument middot

42 Each undersigned representative ofSettling Defendant and the Assistant Attorney General for the Environment and Natural Resources Division of the United States Department [46] ofJustice certifies that he or she is fully authorized to enter into the terms and conditions of this Consent Decree and to execute and legally bind such party to this document

43 Settling Defendant shall identify on the attached signature page the name and address of an agent who is authorized to accept service of process by mail on behalfof that party with respect to all matters arising under or relating to this Consent Decree Settling Defendant hereby agrees to accept service in that manner and to waive the formal service requirements set forth in Rule 4 of the Federal Rules of Civil Procedure and any applicable local rules of this Court including but not limited to service of a summons

XIX FINAL JUDGMENT

44 Upon approval and entry ofthis Consent Decree by the Court this Consent Decree shall constitute a final judgment between the United States and Settling Defendant The Court finds that there is no just reason for delay and therefore enters this judgment as a final judgment under Fed R Civ P 54 and 58

THE UNDERSIGNED PARTIES enter into this Consent Decree relating to the Fletcher Paint Works and Storage Facility Superfund Site

FOR THE UNITED STATES [47] OF AMERICA

Date 7698

LOIS J SCHIFFER

Assistant Attorney General

Environment and Natural Resources Division

US Department of Justice

Washington DC 20530

FRANCIS X LYONS (06199617 IL)

Trial Attorney

Environmental Enforcement Section

PO Box 7611

Town Hall

One Union Square

Milford NH 03055-4240

Agent Authorized to Accept Service on BehalfofAbove-signed Party [48]

Lee F Mayhew

Town Administrator

Town Hall

One Union Square

ATTACHMEN1

APPENDIX A

In the Matter of Fletcher Paint Works and Storage Facility Superfund Site Milford New Hampshire EPA Region I Site Spill ID Number NHD001079649

DIAGRA1 OF THE SITE

Fletchers Paint Site Milford NH

[SEE MATERIAL IN ORIGINAL]

APPENDIXB

In the Matter of Fletcher Paint Works and Storage Facility Superfund Site Milford New Hampshire EPA Region I Site Spill ID Number NHDOOI 079649

FORM OF EASEMENT

ENVIRONMENTAL PROTECTION EASEMENT AND DECLARATION OF RESTRICTIVE COVENANTS

l This Environmental Protection Easement and Declaration ofRestrictive Covenants is made this_ day of__ 19 _by and between the Town ofMilford New Hampshire (Grantor) having an address of One Union Square Milford New Hampshire and the UNITED STATES OF AMERICA having an address of co United States Environmental Protection Agency Region I JFK Building HBO Boston Massachusetts 02203-2211 and the STATE OF NEW HAMPSHIRE having an address ofco_ (Grantees)

WITNESSETH

2 WHEREAS Grantor is the owner of a parcel of land located in the county ofHillsborough State [49] ofNew Hampshire more particularly described on Exhibit A attached hereto and made a part hereof (the Property) and

3 WHEREAS the Property is part of the Fletcher Paint Works and Storage Facility Superfund Site (Site) which the US Environmental Protection Agency (EPA) pursuant to Section 105 of the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) 42 US C sect 9605 placed on the National Priorities List set forth at 40 CFR Part 300 Appendix B by publication in the Federal Register on March 30 1989 and

b) VerifYing any data or information submitted to EPA

c) Verifying that no action is being taken on the Property in violation of the terms ofthis instrument or ofany federal or state environmental laws or regulations

d) Monitoring response actions on the Site and conducting investigations relating to contamination on or near the Site including without limitation sampling of air water sediments soils and specifically without limitation obtaining split or duplicate samples

e) Conducting periodic reviews of the remedial action including but not limited to reviews required by applicable statutes andor regulations and

f) Implementing additional or new response actions ifEPA in its sole discretion determines i) that such actions are necessary to protect the environment because either the original remedial action has proven to be ineffective or because new technology has been developed which will accomplish the purposes of the remedial action in a significantly more efficient or cost effective manner and ii) that the additional or new response actions [54) will not impose any significantly greater burden on the property or unduly interfere with the then existing uses of the property

12 Reserved rights of Grantor Grantor hereby reserves ooto itself its successors and assigns all rights and privileges in and to the use of the Property which are not incompatible with the restrictions rights and easements granted herein The use of the Property for recreation purposes as described in detail on Exhibit C attached has been found by EPA to be compatible with the remedial action and is specifically permitted however the permitted use does not include any right to add to expand or replace the existing improvements and facilities on the Property if such activity would disturb the subsurface soil on the Property

13 Nothing in this document shall limit or otherwise affect EPAs rights of entry and access provided by law or regulation

14 No Public Access and Use No right of access or use by the general public to any portion ofthe Property is conveyed by this instrument

15 Notice requirement Grantor agrees to include in any instrument conveying any interest in any portion of the Property including butnot limited [55] to deeds leases and mortgages a notice which is in substantially the following form

NOTICE THE INTEREST CONVEYED HEREBY IS SUBJECT TO THE EFFECT OF AN ENVIRONMENTAL PROTECTION EASEMENT AND DECLARATION OF RESTRICTIVE COVENANTS DATED_ 19___ RECORDED IN THE PUBLIC LAND RECORDS ON __ 19 _ IN BOOK~ PAGE __ IN FAVOR OF AND ENFORCEABLE BY THE UNITED STATES OF AMERICA AND THE STATE OF NEW HAMPSIDRE

Within thirty (30) days of the date any such instrument of conveyance is executed Grantor must provide Grantees with a certified true copy of said instrument and if it has been recorded in the public land records its recording reference

16 Administrative jurisdiction The federal agency having administrative jurisdiction over the interests acquired by the United States by this instrument is the EPA The Regional Administrator ofEPA Region I shall exercise the discretion and authority granted to the United States herein If the United States assigns its interest(s) created by this instrument ooless it provides otherwise in any such assignment document the discretion and authority referred to in this paragraph shall also be assigned

17 Enforcement The Grantees [56] shall be entitled to enforce the terms of this instrument by resort to specific performance or legal process All reasonable costs and expenses of the Grantees including but not limited to attorneys fees incurred in any such enforcement action shall be borne by the Grantor or its successors in interest to the Property All remedies available hereunder shall be in addition to any and all other remedies at law or in equity including CERCLA Enforcement ofthe terms of this instrument shall be at the discretion of the Grantees and any forbearance

bull 4

Grantor and their personal representatives heirs and successors The term Grantees wherever used herein and any pronouns used in place thereof shall include the United States ofAmerica the State ofNew Hampshire and other appropriate grantees The rights of the Grantee and Grantor under this instrument are freely assignable subject to the notice provisions hereof

h) Termination ofRights and Obligations A partys rights and obligations under this instrument terminate upon transfer of the partys interest in the Easement or Property except that liability for acts or omissions occurring prior to transfer [60] shall survive transfer middot

i) Captions The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation

j) Counterparts The parties may execute this instrument in two or more counterparts which shall in the aggregate be signed by both parties each counterpart shall be deemed an original instrument as against any party who has signed it In the event ofany disparity between the counterparts produced the recorded counterpart shall be controlling

TO HAVE AND TO HOLD unto the United States and the State of New Hampshire forever

IN WITNESS WHEREOF Grantor bas caused this Agreement to be signed in its name

Executed this_ day of___ 19 __

STATE OF _j ss

COUNTYOF ss

On this _ day of_ 19_ before me the undersigned a Notary Public in and for the State of_ duly commissioned and sworn personally appeared_ known to be the __ of_ the corporation that executed the foregoing instrun1ent and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and [61] purposes therein mentioned and on oath stated that they are authorized to execute said instrument

Witness my band and official seal hereto affixed the day and year written above

Notary Public in and for the State of_

My Commission Expires ~middot

This easement is accepted this _ day of_ 19_

UNITED STATES OF AMERJCA

US ENVIRONMENTAL PROTECTION AGENCY

Attachments Exhibit A -legal description of the Property

Exhibit B - identification of proposed uses and construction plans for the Property

Exhibit C - identification of existing uses of the Property

Exhibit D - list of permitted title encumbrances

barcode 519464

barcodetext SDMS Doc ID 519464

i bullDawn M Neville PE General Electric Company Project Manager Corporate Environmental Programs

320 Great Oaks Boulevard Suite 323 Albany NY 12203-5965 Phone 518-862-2711 Dial Comm 8232-2711 Fax 518-862-2702 Dial Comm 8232-2702 E-mail DawnNevillecorporategecom

Transmitted via Email and Federal Express

April 16 2002

Cheryl Sprague Thomas Andrews Remedial Project Manager Project Manager Office of Site Remediation and Restoration New Hampshire Department of US Environmental Protection Agency Environmental Services One Congress Street Suite 1100 (HBO) 6 Hazen Drive Boston MA 02114~2023 Concord NH 03301

Re Fletchers Paint Works and Storage Facility Superfund Site Operable Unit 1 Milford New Hampshire CERCLA Docket No 01-2001-0063 Institutional ControlsAccess Restrictions (ICAR) Piau

Dear Ms Sprague and Mr Andrews

Pursuant to Section XN Paragraph 110 of the Unilateral Administrative Order (UAO) issued by the US Environmental Protection Agency (EPA) to the General Electric Company (GE) for the Fletchers Paint Works and Storage Facility Superfund Site - Operable Unit 1 enclosed are three copies of the Institutional ControlsAccess Restrictions (ICIAR) Plan1

In preparing this ICIAR Plan GE has reviewed and addressed comments issued by the EPA in its March 26 2002 comment letter as well as those comments issued by the Town of Milford in its February 28 2002 comment letter A summary of those comments and how they were addressed is provided below (Please note that although the EPA comments were not numbered numbers have been assigned to those comments in the order they appeared for the purposes of this letter)

EPA Comment 1 - The work plan indicates that any future upgrades or detail to the plan shall be incorporated into the Remedial Action Work Plan The text should indicate that any future details shall be incorporated into an ICIAR plan submitted as part ofthe Remedial Action Work Plan

GE Response GE has revised the text of the IC AR Plan to reflect that further IC AR details will be incorporated into an IC AR Plan submitted as part of the forthcoming Remedial Action Work Plan

EPA Comment 2 amp Town of Milford Comment 4 (EPA comment only follows)- There is language throughout the workplan which references agreements in access to not interfere with on-going work The Towns February 28 2002 comment letter (attached) clearly states the Towns desire to alter this language EPA agrees that alternative language shall be provided which more clearly reflects the agreements made

1 In submitting these plans GE does not waive or modify in any way the reservation of rights contained in its August 27 2001 letter to

EPA regarding the performance of remedial actions at the Site

I II Cheryl Sprague

Sincerely

REPORT ~1

April 2002

Table of Contents

11 Objective 1 ~1

1 Introduction

11 Objective

July 2001 SOW

follows

21 Overview

Elm Street Area

Elm Street Area - f

traffic

discussed below

bull i

3 Schedule

unattended

implementation

Figuresiltl

I bull j

SITE LOCATION MAP

i bull l

ELM STREET AREA

bull 1

lt40 150

MILL STREET AREAr

J 1 J ]

J ~l d

] Attachment A

New Hampshire

July 10 1998

OPINION

CONSENT DECREE

[2] L BACKGROUND

33 35 36 37 38

bull 1

II JURISDICIION

IlL PARTIES BOUND

middotassigns

IV DEFINITIONS

P 0 Box 7611

Washington DC 20044

Re DOJ 90-ll-3-684A

As to EPA

Harley F Laing

Director

XIX FINAL JUDGMENT

Date 7698

LOIS J SCHIFFER

Washington DC 20530

Trial Attorney

PO Box 7611

Town Hall

One Union Square

Lee F Mayhew

Town Administrator

Town Hall

One Union Square

ATTACHMEN1

APPENDIX A

DIAGRA1 OF THE SITE

APPENDIXB

FORM OF EASEMENT

WITNESSETH

bull 4

STATE OF _j ss

COUNTYOF ss

barcode 519464

I II Cheryl Sprague

Sincerely

REPORT ~1

April 2002

Table of Contents

11 Objective 1 ~1

1 Introduction

11 Objective

July 2001 SOW

follows

21 Overview

Elm Street Area

Elm Street Area - f

traffic

discussed below

bull i

3 Schedule

unattended

implementation

Figuresiltl

I bull j

SITE LOCATION MAP

i bull l

ELM STREET AREA

bull 1

lt40 150

MILL STREET AREAr

J 1 J ]

J ~l d

] Attachment A

New Hampshire

July 10 1998

OPINION

CONSENT DECREE

[2] L BACKGROUND

33 35 36 37 38

bull 1

II JURISDICIION

IlL PARTIES BOUND

middotassigns

IV DEFINITIONS

P 0 Box 7611

Washington DC 20044

Re DOJ 90-ll-3-684A

As to EPA

Harley F Laing

Director

XIX FINAL JUDGMENT

Date 7698

LOIS J SCHIFFER

Washington DC 20530

Trial Attorney

PO Box 7611

Town Hall

One Union Square

Lee F Mayhew

Town Administrator

Town Hall

One Union Square

ATTACHMEN1

APPENDIX A

DIAGRA1 OF THE SITE

APPENDIXB

FORM OF EASEMENT

WITNESSETH

bull 4

STATE OF _j ss

COUNTYOF ss

barcode 519464

I II Cheryl Sprague

Sincerely

REPORT ~1

April 2002

Table of Contents

11 Objective 1 ~1

1 Introduction

11 Objective

July 2001 SOW

follows

21 Overview

Elm Street Area

Elm Street Area - f

traffic

discussed below

bull i

3 Schedule

unattended

implementation

Figuresiltl

I bull j

SITE LOCATION MAP

i bull l

ELM STREET AREA

bull 1

lt40 150

MILL STREET AREAr

J 1 J ]

J ~l d

] Attachment A

New Hampshire

July 10 1998

OPINION

CONSENT DECREE

[2] L BACKGROUND

33 35 36 37 38

bull 1

II JURISDICIION

IlL PARTIES BOUND

middotassigns

IV DEFINITIONS

P 0 Box 7611

Washington DC 20044

Re DOJ 90-ll-3-684A

As to EPA

Harley F Laing

Director

XIX FINAL JUDGMENT

Date 7698

LOIS J SCHIFFER

Washington DC 20530

Trial Attorney

PO Box 7611

Town Hall

One Union Square

Lee F Mayhew

Town Administrator

Town Hall

One Union Square

ATTACHMEN1

APPENDIX A

DIAGRA1 OF THE SITE

APPENDIXB

FORM OF EASEMENT

WITNESSETH

bull 4

STATE OF _j ss

COUNTYOF ss

barcode 519464

I II Cheryl Sprague

Sincerely

REPORT ~1

April 2002

Table of Contents

11 Objective 1 ~1

1 Introduction

11 Objective

July 2001 SOW

follows

21 Overview

Elm Street Area

Elm Street Area - f

traffic

discussed below

bull i

3 Schedule

unattended

implementation

Figuresiltl

I bull j

SITE LOCATION MAP

i bull l

ELM STREET AREA

bull 1

lt40 150

MILL STREET AREAr

J 1 J ]

J ~l d

] Attachment A

New Hampshire

July 10 1998

OPINION

CONSENT DECREE

[2] L BACKGROUND

33 35 36 37 38

bull 1

II JURISDICIION

IlL PARTIES BOUND

middotassigns

IV DEFINITIONS

P 0 Box 7611

Washington DC 20044

Re DOJ 90-ll-3-684A

As to EPA

Harley F Laing

Director

XIX FINAL JUDGMENT

Date 7698

LOIS J SCHIFFER

Washington DC 20530

Trial Attorney

PO Box 7611

Town Hall

One Union Square

Lee F Mayhew

Town Administrator

Town Hall

One Union Square

ATTACHMEN1

APPENDIX A

DIAGRA1 OF THE SITE

APPENDIXB

FORM OF EASEMENT

WITNESSETH

bull 4

STATE OF _j ss

COUNTYOF ss

barcode 519464

REPORT ~1

April 2002

Table of Contents

11 Objective 1 ~1

1 Introduction

11 Objective

July 2001 SOW

follows

21 Overview

Elm Street Area

Elm Street Area - f

traffic

discussed below

bull i

3 Schedule

unattended

implementation

Figuresiltl

I bull j

SITE LOCATION MAP

i bull l

ELM STREET AREA

bull 1

lt40 150

MILL STREET AREAr

J 1 J ]

J ~l d

] Attachment A

New Hampshire

July 10 1998

OPINION

CONSENT DECREE

[2] L BACKGROUND

33 35 36 37 38

bull 1

II JURISDICIION

IlL PARTIES BOUND

middotassigns

IV DEFINITIONS

P 0 Box 7611

Washington DC 20044

Re DOJ 90-ll-3-684A

As to EPA

Harley F Laing

Director

XIX FINAL JUDGMENT

Date 7698

LOIS J SCHIFFER

Washington DC 20530

Trial Attorney

PO Box 7611

Town Hall

One Union Square

Lee F Mayhew

Town Administrator

Town Hall

One Union Square

ATTACHMEN1

APPENDIX A

DIAGRA1 OF THE SITE

APPENDIXB

FORM OF EASEMENT

WITNESSETH

bull 4

STATE OF _j ss

COUNTYOF ss

barcode 519464

Table of Contents

11 Objective 1 ~1

1 Introduction

11 Objective

July 2001 SOW

follows

21 Overview

Elm Street Area

Elm Street Area - f

traffic

discussed below

bull i

3 Schedule

unattended

implementation

Figuresiltl

I bull j

SITE LOCATION MAP

i bull l

ELM STREET AREA

bull 1

lt40 150

MILL STREET AREAr

J 1 J ]

J ~l d

] Attachment A

New Hampshire

July 10 1998

OPINION

CONSENT DECREE

[2] L BACKGROUND

33 35 36 37 38

bull 1

II JURISDICIION

IlL PARTIES BOUND

middotassigns

IV DEFINITIONS

P 0 Box 7611

Washington DC 20044

Re DOJ 90-ll-3-684A

As to EPA

Harley F Laing

Director

XIX FINAL JUDGMENT

Date 7698

LOIS J SCHIFFER

Washington DC 20530

Trial Attorney

PO Box 7611

Town Hall

One Union Square

Lee F Mayhew

Town Administrator

Town Hall

One Union Square

ATTACHMEN1

APPENDIX A

DIAGRA1 OF THE SITE

APPENDIXB

FORM OF EASEMENT

WITNESSETH

bull 4

STATE OF _j ss

COUNTYOF ss

barcode 519464

1 Introduction

11 Objective

July 2001 SOW

follows

21 Overview

Elm Street Area

Elm Street Area - f

traffic

discussed below

bull i

3 Schedule

unattended

implementation

Figuresiltl

I bull j

SITE LOCATION MAP

i bull l

ELM STREET AREA

bull 1

lt40 150

MILL STREET AREAr

J 1 J ]

J ~l d

] Attachment A

New Hampshire

July 10 1998

OPINION

CONSENT DECREE

[2] L BACKGROUND

33 35 36 37 38

bull 1

II JURISDICIION

IlL PARTIES BOUND

middotassigns

IV DEFINITIONS

P 0 Box 7611

Washington DC 20044

Re DOJ 90-ll-3-684A

As to EPA

Harley F Laing

Director

XIX FINAL JUDGMENT

Date 7698

LOIS J SCHIFFER

Washington DC 20530

Trial Attorney

PO Box 7611

Town Hall

One Union Square

Lee F Mayhew

Town Administrator

Town Hall

One Union Square

ATTACHMEN1

APPENDIX A

DIAGRA1 OF THE SITE

APPENDIXB

FORM OF EASEMENT

WITNESSETH

bull 4

STATE OF _j ss

COUNTYOF ss

barcode 519464

21 Overview

Elm Street Area

Elm Street Area - f

traffic

discussed below

bull i

3 Schedule

unattended

implementation

Figuresiltl

I bull j

SITE LOCATION MAP

i bull l

ELM STREET AREA

bull 1

lt40 150

MILL STREET AREAr

J 1 J ]

J ~l d

] Attachment A

New Hampshire

July 10 1998

OPINION

CONSENT DECREE

[2] L BACKGROUND

33 35 36 37 38

bull 1

II JURISDICIION

IlL PARTIES BOUND

middotassigns

IV DEFINITIONS

P 0 Box 7611

Washington DC 20044

Re DOJ 90-ll-3-684A

As to EPA

Harley F Laing

Director

XIX FINAL JUDGMENT

Date 7698

LOIS J SCHIFFER

Washington DC 20530

Trial Attorney

PO Box 7611

Town Hall

One Union Square

Lee F Mayhew

Town Administrator

Town Hall

One Union Square

ATTACHMEN1

APPENDIX A

DIAGRA1 OF THE SITE

APPENDIXB

FORM OF EASEMENT

WITNESSETH

bull 4

STATE OF _j ss

COUNTYOF ss

barcode 519464

21 Overview

Elm Street Area

Elm Street Area - f

traffic

discussed below

bull i

3 Schedule

unattended

implementation

Figuresiltl

I bull j

SITE LOCATION MAP

i bull l

ELM STREET AREA

bull 1

lt40 150

MILL STREET AREAr

J 1 J ]

J ~l d

] Attachment A

New Hampshire

July 10 1998

OPINION

CONSENT DECREE

[2] L BACKGROUND

33 35 36 37 38

bull 1

II JURISDICIION

IlL PARTIES BOUND

middotassigns

IV DEFINITIONS

P 0 Box 7611

Washington DC 20044

Re DOJ 90-ll-3-684A

As to EPA

Harley F Laing

Director

XIX FINAL JUDGMENT

Date 7698

LOIS J SCHIFFER

Washington DC 20530

Trial Attorney

PO Box 7611

Town Hall

One Union Square

Lee F Mayhew

Town Administrator

Town Hall

One Union Square

ATTACHMEN1

APPENDIX A

DIAGRA1 OF THE SITE

APPENDIXB

FORM OF EASEMENT

WITNESSETH

bull 4

STATE OF _j ss

COUNTYOF ss

barcode 519464

Elm Street Area

Elm Street Area - f

traffic

discussed below

bull i

3 Schedule

unattended

implementation

Figuresiltl

I bull j

SITE LOCATION MAP

i bull l

ELM STREET AREA

bull 1

lt40 150

MILL STREET AREAr

J 1 J ]

J ~l d

] Attachment A

New Hampshire

July 10 1998

OPINION

CONSENT DECREE

[2] L BACKGROUND

33 35 36 37 38

bull 1

II JURISDICIION

IlL PARTIES BOUND

middotassigns

IV DEFINITIONS

P 0 Box 7611

Washington DC 20044

Re DOJ 90-ll-3-684A

As to EPA

Harley F Laing

Director

XIX FINAL JUDGMENT

Date 7698

LOIS J SCHIFFER

Washington DC 20530

Trial Attorney

PO Box 7611

Town Hall

One Union Square

Lee F Mayhew

Town Administrator

Town Hall

One Union Square

ATTACHMEN1

APPENDIX A

DIAGRA1 OF THE SITE

APPENDIXB

FORM OF EASEMENT

WITNESSETH

bull 4

STATE OF _j ss

COUNTYOF ss

barcode 519464

Elm Street Area - f

traffic

discussed below

bull i

3 Schedule

unattended

implementation

Figuresiltl

I bull j

SITE LOCATION MAP

i bull l

ELM STREET AREA

bull 1

lt40 150

MILL STREET AREAr

J 1 J ]

J ~l d

] Attachment A

New Hampshire

July 10 1998

OPINION

CONSENT DECREE

[2] L BACKGROUND

33 35 36 37 38

bull 1

II JURISDICIION

IlL PARTIES BOUND

middotassigns

IV DEFINITIONS

P 0 Box 7611

Washington DC 20044

Re DOJ 90-ll-3-684A

As to EPA

Harley F Laing

Director

XIX FINAL JUDGMENT

Date 7698

LOIS J SCHIFFER

Washington DC 20530

Trial Attorney

PO Box 7611

Town Hall

One Union Square

Lee F Mayhew

Town Administrator

Town Hall

One Union Square

ATTACHMEN1

APPENDIX A

DIAGRA1 OF THE SITE

APPENDIXB

FORM OF EASEMENT

WITNESSETH

bull 4

STATE OF _j ss

COUNTYOF ss

barcode 519464

discussed below

bull i

3 Schedule

unattended

implementation

Figuresiltl

I bull j

SITE LOCATION MAP

i bull l

ELM STREET AREA

bull 1

lt40 150

MILL STREET AREAr

J 1 J ]

J ~l d

] Attachment A

New Hampshire

July 10 1998

OPINION

CONSENT DECREE

[2] L BACKGROUND

33 35 36 37 38

bull 1

II JURISDICIION

IlL PARTIES BOUND

middotassigns

IV DEFINITIONS

P 0 Box 7611

Washington DC 20044

Re DOJ 90-ll-3-684A

As to EPA

Harley F Laing

Director

XIX FINAL JUDGMENT

Date 7698

LOIS J SCHIFFER

Washington DC 20530

Trial Attorney

PO Box 7611

Town Hall

One Union Square

Lee F Mayhew

Town Administrator

Town Hall

One Union Square

ATTACHMEN1

APPENDIX A

DIAGRA1 OF THE SITE

APPENDIXB

FORM OF EASEMENT

WITNESSETH

bull 4

STATE OF _j ss

COUNTYOF ss

barcode 519464

bull i

3 Schedule

unattended

implementation

Figuresiltl

I bull j

SITE LOCATION MAP

i bull l

ELM STREET AREA

bull 1

lt40 150

MILL STREET AREAr

J 1 J ]

J ~l d

] Attachment A

New Hampshire

July 10 1998

OPINION

CONSENT DECREE

[2] L BACKGROUND

33 35 36 37 38

bull 1

II JURISDICIION

IlL PARTIES BOUND

middotassigns

IV DEFINITIONS

P 0 Box 7611

Washington DC 20044

Re DOJ 90-ll-3-684A

As to EPA

Harley F Laing

Director

XIX FINAL JUDGMENT

Date 7698

LOIS J SCHIFFER

Washington DC 20530

Trial Attorney

PO Box 7611

Town Hall

One Union Square

Lee F Mayhew

Town Administrator

Town Hall

One Union Square

ATTACHMEN1

APPENDIX A

DIAGRA1 OF THE SITE

APPENDIXB

FORM OF EASEMENT

WITNESSETH

bull 4

STATE OF _j ss

COUNTYOF ss

barcode 519464

3 Schedule

unattended

implementation

Figuresiltl

I bull j

SITE LOCATION MAP

i bull l

ELM STREET AREA

bull 1

lt40 150

MILL STREET AREAr

J 1 J ]

J ~l d

] Attachment A

New Hampshire

July 10 1998

OPINION

CONSENT DECREE

[2] L BACKGROUND

33 35 36 37 38

bull 1

II JURISDICIION

IlL PARTIES BOUND

middotassigns

IV DEFINITIONS

P 0 Box 7611

Washington DC 20044

Re DOJ 90-ll-3-684A

As to EPA

Harley F Laing

Director

XIX FINAL JUDGMENT

Date 7698

LOIS J SCHIFFER

Washington DC 20530

Trial Attorney

PO Box 7611

Town Hall

One Union Square

Lee F Mayhew

Town Administrator

Town Hall

One Union Square

ATTACHMEN1

APPENDIX A

DIAGRA1 OF THE SITE

APPENDIXB

FORM OF EASEMENT

WITNESSETH

bull 4

STATE OF _j ss

COUNTYOF ss

barcode 519464

Figuresiltl

I bull j

SITE LOCATION MAP

i bull l

ELM STREET AREA

bull 1

lt40 150

MILL STREET AREAr

J 1 J ]

J ~l d

] Attachment A

New Hampshire

July 10 1998

OPINION

CONSENT DECREE

[2] L BACKGROUND

33 35 36 37 38

bull 1

II JURISDICIION

IlL PARTIES BOUND

middotassigns

IV DEFINITIONS

P 0 Box 7611

Washington DC 20044

Re DOJ 90-ll-3-684A

As to EPA

Harley F Laing

Director

XIX FINAL JUDGMENT

Date 7698

LOIS J SCHIFFER

Washington DC 20530

Trial Attorney

PO Box 7611

Town Hall

One Union Square

Lee F Mayhew

Town Administrator

Town Hall

One Union Square

ATTACHMEN1

APPENDIX A

DIAGRA1 OF THE SITE

APPENDIXB

FORM OF EASEMENT

WITNESSETH

bull 4

STATE OF _j ss

COUNTYOF ss

barcode 519464

Figuresiltl

I bull j

SITE LOCATION MAP

i bull l

ELM STREET AREA

bull 1

lt40 150

MILL STREET AREAr

J 1 J ]

J ~l d

] Attachment A

New Hampshire

July 10 1998

OPINION

CONSENT DECREE

[2] L BACKGROUND

33 35 36 37 38

bull 1

II JURISDICIION

IlL PARTIES BOUND

middotassigns

IV DEFINITIONS

P 0 Box 7611

Washington DC 20044

Re DOJ 90-ll-3-684A

As to EPA

Harley F Laing

Director

XIX FINAL JUDGMENT

Date 7698

LOIS J SCHIFFER

Washington DC 20530

Trial Attorney

PO Box 7611

Town Hall

One Union Square

Lee F Mayhew

Town Administrator

Town Hall

One Union Square

ATTACHMEN1

APPENDIX A

DIAGRA1 OF THE SITE

APPENDIXB

FORM OF EASEMENT

WITNESSETH

bull 4

STATE OF _j ss

COUNTYOF ss

barcode 519464

SITE LOCATION MAP

i bull l

ELM STREET AREA

bull 1

lt40 150

MILL STREET AREAr

J 1 J ]

J ~l d

] Attachment A

New Hampshire

July 10 1998

OPINION

CONSENT DECREE

[2] L BACKGROUND

33 35 36 37 38

bull 1

II JURISDICIION

IlL PARTIES BOUND

middotassigns

IV DEFINITIONS

P 0 Box 7611

Washington DC 20044

Re DOJ 90-ll-3-684A

As to EPA

Harley F Laing

Director

XIX FINAL JUDGMENT

Date 7698

LOIS J SCHIFFER

Washington DC 20530

Trial Attorney

PO Box 7611

Town Hall

One Union Square

Lee F Mayhew

Town Administrator

Town Hall

One Union Square

ATTACHMEN1

APPENDIX A

DIAGRA1 OF THE SITE

APPENDIXB

FORM OF EASEMENT

WITNESSETH

bull 4

STATE OF _j ss

COUNTYOF ss

barcode 519464

i bull l

ELM STREET AREA

bull 1

lt40 150

MILL STREET AREAr

J 1 J ]

J ~l d

] Attachment A

New Hampshire

July 10 1998

OPINION

CONSENT DECREE

[2] L BACKGROUND

33 35 36 37 38

bull 1

II JURISDICIION

IlL PARTIES BOUND

middotassigns

IV DEFINITIONS

P 0 Box 7611

Washington DC 20044

Re DOJ 90-ll-3-684A

As to EPA

Harley F Laing

Director

XIX FINAL JUDGMENT

Date 7698

LOIS J SCHIFFER

Washington DC 20530

Trial Attorney

PO Box 7611

Town Hall

One Union Square

Lee F Mayhew

Town Administrator

Town Hall

One Union Square

ATTACHMEN1

APPENDIX A

DIAGRA1 OF THE SITE

APPENDIXB

FORM OF EASEMENT

WITNESSETH

bull 4

STATE OF _j ss

COUNTYOF ss

barcode 519464

bull 1

lt40 150

MILL STREET AREAr

J 1 J ]

J ~l d

] Attachment A

New Hampshire

July 10 1998

OPINION

CONSENT DECREE

[2] L BACKGROUND

33 35 36 37 38

bull 1

II JURISDICIION

IlL PARTIES BOUND

middotassigns

IV DEFINITIONS

P 0 Box 7611

Washington DC 20044

Re DOJ 90-ll-3-684A

As to EPA

Harley F Laing

Director

XIX FINAL JUDGMENT

Date 7698

LOIS J SCHIFFER

Washington DC 20530

Trial Attorney

PO Box 7611

Town Hall

One Union Square

Lee F Mayhew

Town Administrator

Town Hall

One Union Square

ATTACHMEN1

APPENDIX A

DIAGRA1 OF THE SITE

APPENDIXB

FORM OF EASEMENT

WITNESSETH

bull 4

STATE OF _j ss

COUNTYOF ss

barcode 519464

J 1 J ]

J ~l d

] Attachment A

New Hampshire

July 10 1998

OPINION

CONSENT DECREE

[2] L BACKGROUND

33 35 36 37 38

bull 1

II JURISDICIION

IlL PARTIES BOUND

middotassigns

IV DEFINITIONS

P 0 Box 7611

Washington DC 20044

Re DOJ 90-ll-3-684A

As to EPA

Harley F Laing

Director

XIX FINAL JUDGMENT

Date 7698

LOIS J SCHIFFER

Washington DC 20530

Trial Attorney

PO Box 7611

Town Hall

One Union Square

Lee F Mayhew

Town Administrator

Town Hall

One Union Square

ATTACHMEN1

APPENDIX A

DIAGRA1 OF THE SITE

APPENDIXB

FORM OF EASEMENT

WITNESSETH

bull 4

STATE OF _j ss

COUNTYOF ss

barcode 519464

July 10 1998

OPINION

CONSENT DECREE

[2] L BACKGROUND

33 35 36 37 38

bull 1

II JURISDICIION

IlL PARTIES BOUND

middotassigns

IV DEFINITIONS

P 0 Box 7611

Washington DC 20044

Re DOJ 90-ll-3-684A

As to EPA

Harley F Laing

Director

XIX FINAL JUDGMENT

Date 7698

LOIS J SCHIFFER

Washington DC 20530

Trial Attorney

PO Box 7611

Town Hall

One Union Square

Lee F Mayhew

Town Administrator

Town Hall

One Union Square

ATTACHMEN1

APPENDIX A

DIAGRA1 OF THE SITE

APPENDIXB

FORM OF EASEMENT

WITNESSETH

bull 4

STATE OF _j ss

COUNTYOF ss

barcode 519464

bull 1

II JURISDICIION

IlL PARTIES BOUND

middotassigns

IV DEFINITIONS

P 0 Box 7611

Washington DC 20044

Re DOJ 90-ll-3-684A

As to EPA

Harley F Laing

Director

XIX FINAL JUDGMENT

Date 7698

LOIS J SCHIFFER

Washington DC 20530

Trial Attorney

PO Box 7611

Town Hall

One Union Square

Lee F Mayhew

Town Administrator

Town Hall

One Union Square

ATTACHMEN1

APPENDIX A

DIAGRA1 OF THE SITE

APPENDIXB

FORM OF EASEMENT

WITNESSETH

bull 4

STATE OF _j ss

COUNTYOF ss

barcode 519464

P 0 Box 7611

Washington DC 20044

Re DOJ 90-ll-3-684A

As to EPA

Harley F Laing

Director

XIX FINAL JUDGMENT

Date 7698

LOIS J SCHIFFER

Washington DC 20530

Trial Attorney

PO Box 7611

Town Hall

One Union Square

Lee F Mayhew

Town Administrator

Town Hall

One Union Square

ATTACHMEN1

APPENDIX A

DIAGRA1 OF THE SITE

APPENDIXB

FORM OF EASEMENT

WITNESSETH

bull 4

STATE OF _j ss

COUNTYOF ss

barcode 519464

P 0 Box 7611

Washington DC 20044

Re DOJ 90-ll-3-684A

As to EPA

Harley F Laing

Director

XIX FINAL JUDGMENT

Date 7698

LOIS J SCHIFFER

Washington DC 20530

Trial Attorney

PO Box 7611

Town Hall

One Union Square

Lee F Mayhew

Town Administrator

Town Hall

One Union Square

ATTACHMEN1

APPENDIX A

DIAGRA1 OF THE SITE

APPENDIXB

FORM OF EASEMENT

WITNESSETH

bull 4

STATE OF _j ss

COUNTYOF ss

barcode 519464

P 0 Box 7611

Washington DC 20044

Re DOJ 90-ll-3-684A

As to EPA

Harley F Laing

Director

XIX FINAL JUDGMENT

Date 7698

LOIS J SCHIFFER

Washington DC 20530

Trial Attorney

PO Box 7611

Town Hall

One Union Square

Lee F Mayhew

Town Administrator

Town Hall

One Union Square

ATTACHMEN1

APPENDIX A

DIAGRA1 OF THE SITE

APPENDIXB

FORM OF EASEMENT

WITNESSETH

bull 4

STATE OF _j ss

COUNTYOF ss

barcode 519464

P 0 Box 7611

Washington DC 20044

Re DOJ 90-ll-3-684A

As to EPA

Harley F Laing

Director

XIX FINAL JUDGMENT

Date 7698

LOIS J SCHIFFER

Washington DC 20530

Trial Attorney

PO Box 7611

Town Hall

One Union Square

Lee F Mayhew

Town Administrator

Town Hall

One Union Square

ATTACHMEN1

APPENDIX A

DIAGRA1 OF THE SITE

APPENDIXB

FORM OF EASEMENT

WITNESSETH

bull 4

STATE OF _j ss

COUNTYOF ss

barcode 519464

P 0 Box 7611

Washington DC 20044

Re DOJ 90-ll-3-684A

As to EPA

Harley F Laing

Director

XIX FINAL JUDGMENT

Date 7698

LOIS J SCHIFFER

Washington DC 20530

Trial Attorney

PO Box 7611

Town Hall

One Union Square

Lee F Mayhew

Town Administrator

Town Hall

One Union Square

ATTACHMEN1

APPENDIX A

DIAGRA1 OF THE SITE

APPENDIXB

FORM OF EASEMENT

WITNESSETH

bull 4

STATE OF _j ss

COUNTYOF ss

barcode 519464

XIX FINAL JUDGMENT

Date 7698

LOIS J SCHIFFER

Washington DC 20530

Trial Attorney

PO Box 7611

Town Hall

One Union Square

Lee F Mayhew

Town Administrator

Town Hall

One Union Square

ATTACHMEN1

APPENDIX A

DIAGRA1 OF THE SITE

APPENDIXB

FORM OF EASEMENT

WITNESSETH

bull 4

STATE OF _j ss

COUNTYOF ss

barcode 519464

Town Hall

One Union Square

Lee F Mayhew

Town Administrator

Town Hall

One Union Square

ATTACHMEN1

APPENDIX A

DIAGRA1 OF THE SITE

APPENDIXB

FORM OF EASEMENT

WITNESSETH

bull 4

STATE OF _j ss

COUNTYOF ss

barcode 519464

bull 4

STATE OF _j ss

COUNTYOF ss

barcode 519464

bull 4

STATE OF _j ss

COUNTYOF ss

barcode 519464

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