UNITED STATES ENVIRONMENTAL PROTECTION AGENCYREGION III

THE MATTER 07

DORNEY ROAD LANDFILL SITE,OPERABLE UNIT NO. 2, UPPERMACUNGIB TOWNSHIP, PENNSYLVANIA'

CALORIC CORPORATIONEAST PENN MANUFACTURINGCOMPANY, INC.

EZIDB CORPORATIONGENERAL ELECTRIC COMPANY -STROH BREWERY COMPANYR. EMORY MABRY - : r^ .;. iMACK TRUCKS, INC.ATLAS MINERALS & CHEMICALS, INC.THE GLIDDEN COMPANYEM HOLDINGS,: INC., successor in• interest to8CX CORPORATIONGARDEN STATB TANNING COMPANY .-.-A

Respondentsl•:-- '•'- -~^ • ••-•:."-...Docket No. III-92-27-DC

Proceeding Under Section 106(a)of the Comprehensive EnvironmentalResponse, Compensation, andLiability Act of 1980, as amendedr42 U.S.C. S 9606(a)

ADMINISTRATIVg ORDER

FOR RBKEDIAL DESIQlf AND REMEDIAL

OPERABLB UNIT NO. 2

AR000095

ORIGINAL TABLB 07 CONTENTSIRrt)

I. JtraiflDicrioM . .,. .................. iII. PAHTIBg BOUKP ..................... 2

III. glHPINQa OF FACT ................... 4A. Dornev Road Site Location. Hiatorv. and Paee ... 4B. Respondents' Responsibility for Conditions at the,

Ilfee. ....................... 71. Caloric Corporation ............. 32. Bast Penn Manufacturing Company. Ino. .... 33. B^ide Corporation .............. 34 • General Hleqtrio Company ........... 95. strop Bravery Company « • » • • • • « • • • . 106. R. ffntorv Habrv . . . . . . . ....... . . . 107. Maofc Truefca. Ino. . . ' '._ . . . ........ n8. Atlas Minerals ft Chtaicala. Ing. ....... 119 . The qiiddan Company . » . . ........... 1210. HM Holdings. Ino. successor in interest to

SCM Corporation ../ ~.~. .......... 1211. Garden state Tanning Company ,. . . . . . . . 13

C. Response Aotiona and Investigations 'Performed at thesite . . . ... . . .... .;-,.. ....., ._.,,. ... . 13

D. The Release^ of Hagardous 8Ml?8t'anoeai' at' tlie- "Site(0021 and the Resultant gqdangfraen .,__.. - .... 19

B. The Record of Decision ... . . . . '. ...... 26IV. CONCLU8ION8 OF LAW AND DETERMINATIONS . ........ 27

V. 8COPB Of THB RESPONSB ORPgRHP . ............ 23

VI. DHTINITIONa . . . . ... . . . .... . . . . . . . . 29

VII. WORK TO BB PgRTORMgP . . . . . . . ... ... . . . . 32A. Requirement to comply i»ita ROD and ARARe ...... 32B. Assurance of Abil:,ty to Complete Worfc ....... 32C. Contractor Oualif: eationa* Performance . ...... 34D. Respondent* Shall Perfora th» Worlc ae follow t ... 37

1. THe Remedial Design Work Plaa ........ 372. Remedial. Design ...... . . ....... 393» Remedial Action Work Plaa .......... 404» Remedial Aotioa. ............... 419. Off-Site saipmeats .............. 43«. .operation and Maintenance .......... 447. Progress Reports ............... 44

VIII. PLANS AND REPORTS' REQUIRING HPA APPROVAL^ ....... 46

IZ. DESIGNATED PROJECT COORDINATORS ............. 43

X. 7A1LUHH TO ATTAIN PBRgORMANCB 8TAKDARO8 ........ 50

XI. 3PA PBaiODIG REVIEW . ................. 50

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XIX. ENDANQBRMgffl AND EMERGENCY RESPONSE . ......... 51

XIII. SITB ACCBflfl . . . . . . ... . -'••—••—--—----••-----• s,•—™- . . . ' . t--.j«-: ' * '

XIV. SAMPLING AKD PATA/DOCUMENT AVAILABILITY ........ 54

XV. QUALITY ASSPRAMQg ................... 55* . - ' •

XVI. RECORD PRESERVATION .................. g^

XVII. DELAY IN PERFORMANCE .................. 62

XIII. ENFORCEMENT AND RESERVATIONS OF RIGHTS '. . . i . . . . 63

XIX. COMMUNITY RELATIONS . . . ... . . ... . . . . . . . 65

XX. GENERAL PROVISIONS . . . . ......... . . . . . 65

XXI. EFFECTIVE DATE AND OPPORTUNITY TO CONFER '...... . 66

mi. KOTIQg OF INTENT TO COMPLY' '. . 1'".". : I . ." I . . . . 67

XXIII.CERTIFICATrON ;OF COMPCBTIOH ?AN6Xf ERMlNA»t6M . . .•". . . 68

XXIV. ADMINISTRATIVB RECOtD > •.•":'. . "' i" ."»; ..... 70

XXV. THH UMITBD STATES NOT LIABLB' '.''. . . .".'".''""." ..... 71

XXVI. MODIFICATIONS . . . ;Tf' . 7 '^ . TT~.! ."'. .... 71

AR000097

UNITED STATES BNVIRONMSNTA& PROTECTION AGENCYREGI01T

IN THB MATTER OF

DORNBY ROAD LANDFILL SITS,OPERABLB UNIT NO'. 2, UPPERMACUHGIB TOWNSHIP, PENNSYLVANIA

CALORIC CORPORATIONEAST PBNH MANUFACTURINGCOMPANY, INC.

EXIDB CORPORATIONGENERAL ELECTRIC COMPANYSTROH BREWERY COMPANYR. EMORY MABRYMACK TRUCKS, INC.ATLAS MINERALS 6 CHEMICALS, INC.THB OLIDDBN COMPANY ......_..-.-.:HM HOLDINGS, INC. , successor in interest toSCH CORPORATIONGARDEN STATB TANNING COMPANY

Respondents.Docket NO. III-92-27-DC

Proceeding Under Section.106(a)of the Comprehensive EnvironmentalResponse, Compensation, and..Liability Act of 1930, as amended,42 U.S.C. S 9606(a)

' --*. Cox .»_ -.ii,-* .

ADMINISTRATrVB ORDER

FOR REMEDIAL DB3IGII AND REMEDIAL ACTIOM

OPBRABLB UH1T HO. 2

I. JTTRigDICPIOM

A. This Administrative order ["the Order*] is issued to theabova Respon ants by the Environmental Protection Agency ("EPA")under the au< .iority vested in the President of the United Statesby Section 106(a) of the Comprehensive- Environmental Response,

AR000098

V- f

(# '!/DomeyRoadLandfiaSte(OU2) ••»{*'•• ^EPA Docket No. HI-92.27J)C_______- - • -" - ._______ g

Compensation, and Liability Act of 1980, as amended, ["CERCIA"],42 U.S.C. § 9606(a). This authority was delegated to theAdministrator of EPA on January 23, 1987, by Executive Order12560 (52 Fed. Reg. 2923, January 29, 1987), and was further

delegated to EPA Regional Administrators on September 13, 1987,by EPA Delegation No. 14-14-B.

B. Prior notice of issuance of this Order has been given tothe Commonwealth of Pennsylvania pursuant to Section 106(a) ofCERCIA, 42 U.S.C. $ 9606(a). ..:...

• • • • • • - • II. - PARTIES BOUND ~ »••.•?.

:A; This Order is-issued to Caloric Corporation, East PennManufacturing Company, Inc., Exide Corporation, General Electriccompany, Stroh Brewery company-, R. Emory-Mabry, Hack-Trucks,Inc., Atlas Minerals & Chemicals, Inc., The Glidden Company, KMHoldings, Inc., successor in..interest-ta-SCM-Corporation, andGarden State Tanning Company (collectively "Respondents").

B. This Order shall apply to and be binding upon7the

Respondents and their successors and* assigns.-C. Respondents are jointly and severally responsible for

implementing, all of the requirements of this Order. The failureby one or more of the Respondents to comply with all or any part

• .

of this Order shall not in any way excuse or justifynoncompliance by any other Respondent.

- - - • ^ - - .

D. Neither a change in ownership of any property covered bythis Order, nor a change in the ownership or corporate orpartnership status of any Respondent, shall in any way alter,

' . - - i - •

. , - . AR000099

ORIGINAL

Canty Roed Landfia Sit* (OU2)EPA Docket No.

diminish, or otherwise affect Respondents' obligations andresponsibilities under this Order.

E. In the' event of any change in ownership or control ofany of the property covered by this order that is owned orcontrolled by any Respondent, that Respondent shall notify EPA,in writing, at least thirty (30) days in advance of the effectivedata of such change, of the name, address, and telephone numberof the transferee-in-interest of such property. In addition,that Respondent shall provide EPA with .copies of allagreement(s) , including but not limited to indemnificationagreements, executed in connection with the transfer or changewithin five (5) days of. the effective/ .date of such agreement (s),and shall provide a copy of this Order to all transf erees-in-interest prior to execution of any agreement .for transfer.

P. In the event of any change in majority ownership orcontrol of any Respondent, that Respondent shall notify EPA, inwriting, no later than thirty (30) days* after such, change, of thenature and effective date of such change* such Respondent shallprovide a copy of this Order to the prospective owner (s) orsuccessor (•> of the Respondent before any change of ownership orcontrol becomes- irrevocable.

*

6. Respondents shall provide a copy of this Order to allcontractors, subcontractors, laboratories, consultants, and other

. . "

persons retained to conduct or monitor any portion of the WorJcperformed pursuant to this Order prior to execution of any

' . . - • ' • -agreements or. contracts with such persons. Respondents shall

AROOOIOO

Domey Road Landfill $fa (QU2) f*s&EPA Docket No. IIHa*7J*_________•. WZ __________£

x — J . " ' . " • ' . " " ~ ~ " " " " ""—" " " • . " - "condition all contracts and agreements with such persons oncompliance with the terms of this Order. Notwithstanding theterms of such contracts or agreements, Respondents remain

» . . •• - . ' - • -responsible for complying with the terms of this Order and forensuring that their contractors, subcontractors, laboratories,consultants, and other persons retained to conduct or monitor anyportion of the Work required by this Order comply with the terms

of this Order. : . "_" .III. FINDINGS OF FACT

The following facts are a .synopsis jof information containedin the Administrative Record suppqrting issuance of this Order.That Administrative Record .JLsi .ijicorp.qra,ted Jay; reference as if

i fully set forth herein: _...,r .,,_, VA. Dorney Road Site Location^ History* and Uses

1. The Dorney Road Landfill Site,: also known asOswald's Landfill Site, is located along the southwest boundaryof Upper Hacungie Township ,ln Lehigh County, Pennsylvania,.approximately eight Jailea southwest of Alle;ntown. A portion ofthe Site extends into Longswamp Township, Berks County. A Recordof Decision ("ROD") for the Dorney Road Landfill Site (OU2),

issued by* EPA in September 1991 and appended to this Order as"Exhibit 1", describes the Site.

2. The Site consists of an abandoned iron mine pit• . ' • ' ' ' - , • ; .

that was landfilled, a surrounding soil berm, and adjacent land.Beginning in 1962, the majority of the Site was owned by R. Emory

. and Alma C. Mabry and operated by R. Emory Mabry as an open dump.

. A R O O O I O I

Domey Road LandfiO Sito (QU2)SPA Docket No. IIL92-27-OC

Waste was primarily disposed in the abandoned iron mine pit area.A portion of the Site was owned by Adam and Sallie Hertz from

^ ' " ' . i ' '

1933 to 1966, after which time Sallie Hertz owned the propertyuntil June 1933. This area was also landfilled by Mr. Mabry.From 1966 to 1973, an unpermitted landfill was operated on theSite by Harold B. Oswald, though the land continued to be ownedby the Habrys and Mr 3. Hertz. •

3. In a- letter dated January 6, 1970, the .Pennsylvania State Health Center notified: Hr; Oswald that theoperations at the 'site constituted a public health threat andrequired him to compact the fill and apply cover to the Site. Afollow-up letter dated March 9, 1970, indicated that Mr. Oswaldhad not complied with this directive. : - —

4. In June 1970, a representative from thePennsylvania Department of Environmental Resources (PADER)visited the Site and noted, among other things, the approximatelocation of an on-site area used for the disposal of sludge froma General Electrio plant located in Allentown, Pennsylvania.According to FADES file reports, approximately six cubic yards ofthe sludge* were being disposed each day.

5; -Mr. Oswald submitted a permit application to PADERfor operation of the landfill in August 1970. PADER did not.issue a. permit to Mr. Oswald, but. landfill operations continued.

6. A letter dated November 13, 1972 from thePennsylvania State Health Center to Mr. Oswald noted theexistence of battery casings on the Site. Notes taken by a state

AROOOI02

Domey Road Landflil S/te jfOL/2;EPA Docket No.

soil scientist during a Site visit on October 26, 1973 indicatedthat "several barrels of petroleum products* were.disposed of ina trench on the'Site.

•

7. A State memorandum dated September 14, 1976 listedthe following four wastes that had been disposed of at thelandfill:

a. Approximately one-half of a pickup truck ofsludge from the General Electric Plant; '•'-"-'-'"' -•

b. -Approximately twenty-five cubic yards ofsludge from Reichard-CarIston, Inc. of Bethlehem, Pennsylvania;

c. Batteries from DekarBatter? of""East Pehn";and - - -

d. Approximately 400 pounds per year of asbestoswaste from Atlas Mineral. ~~ •--

8. Waste disposal at the Site continued untilDecember 30, 1978. Proper landfill closure procedures were neverimplemented at the Site.-;" \ :"~.--,--^v0-"'1"''-. "• ' :i

9. On September 28, 1979, Mr."Edward-Reeser appliedfor a landfill permit to renew disposal operations at the Site,but that permit was not Issued. Waste continues to be visible insome places.and the grading is irregular.

10. The majority of the Site continues to be owned byR. Emory Mabry. In June 1985, the Hertz portion of the Site was

* . ' • . -

acquired through inheritance by Dorothy and Russell Kulp, thepresent owners of the property. The Kulp property is currentlybeing purchased by Robert and Kelinda Tercha under a long-term

AROOOI03

ORDINAL

Dcmey Road Landfill Sfo (QU2)ePA Pocket NO. IIM2.27M

sales agreement.

B. Respondents' Responsibility fog Conditions at the aite1. Calorio Corporation.

a. Calorio Corporation, a Pennsylvaniacorporation, has operated since 1965, and continues to operate afacility in Topton, Pennsylvania which manufactures kitchenranges and associated accessories. '

b. In its manufacturing process? Caloric usestwo paint systems: "black dip", which-has toluene-and xylene asbase solvents, and "pblyure1*,:which has,'among other substances,.xylene, 'methyl ethyl ketone, and toluene as its base solvent.Prior to- its use of "polyure** Caloric used "alkyd* paints whichCaloric believes it may have "thihned*"with: methyl7 ethylr ketoneand other solvents. .:. :-i.~r..;

: c. Other caloric metal finishing operations atthe Topton facility included nickel/chrome or zinc plating,ceramic porcelainizing, and alkaline- cleansing. ~ Those'operationsgenerated nickel", chromium-/ zinc, sulfuric acid'; hydrochloricacid, and caustic soda among their wastes.

d. From approximately 1965 through 1973, caloricregularly transported (i.e. weekly) its own waste, from theTopton plant to the; Site- for disposal. The waste from the Toptonplant consisted of paint residue, appliance parts, 50-gallondrums containing scrap paint, residual material and general plant

debris. .

AROOOIQl*

Domey Road Landfill Sto (OU2)EPA Docket No. M-92-27-DC

2. East Penn Manufacturing Company. Ino.

a. East Penn Manufacturing Company (East Penn),a Pennsylvania Corporation, has a facility in Lyons Station,

' . •

Pennsylvania that manufactures lead acid storage batteries,battery cables, and automobile parts.

b. From approximately 1976 through 1978,.EastPenn arranged to dispose at the Site, at a minimum, 753 truckloads of lead acid storage, battery casings that were generated byits Lyons Station plant.. East Penn then transported these leadcontaminated wastes to the Site. ?-:<' ...-> . : --.- r,:-..-,-

- 3. -.-Bride Corporation -.-.-..-.* —-i-.urj .>-.u

--. .-. -.; •. •.-a »:... Exide \ Corpojratipn .L. , a .Delaware corporation, isthe successor in J.nterest,. through change rpf-name, of ElectricStorage and Battery, Inc. (ESB), ESBr. owned,.and operated anAtlas Hinerals .and,.Chemicals division (AH. & C)>. with.a facilityin Hertz town, Pennsylvania until substantially, all assets of AH &C were sold in,rl92Z*\c a ^ - ;* ...i- ~\cti-c... .-

b. From 1968 until at least 1978, AH 6 C's

Hertztown facility manufactured synthetic resins and specialtyasphalt from which were formulated corrosion resistant mortars,tank linings, protective coatings, adhesives and sealants. ESB

*

controlled AM £ C at the time of disposal of hazardous substancesat the Site. ' ' . .-. .--'•,..: . .--;' - .-.•>••'• . .-.•-.•

c. The wastes generated by the AM 6 Cmanufacturing operations included ketones, alcohols, aromatichydrocarbons,, organic monomers and polymers, inorganic acids,

AROOOI05

organic peroxides, organic and inorganic pigments and fillers,par a formaldehyde, and soluble silicates... AH & C also generatedapproximately 490 Ibs/year of asbestos waste.

• • -. •d. From approximately 195? through 1976, AM & c

transported and/or arranged with transporters to transport itswastes, including- the hazardous substances, asbestos andpolynuclear aromatic hydrocarbons from its Hertztown facility tothe Site for disposal*

4. general Bleotrie Company

a. The General Electric Company, a Mew York

Corporation, owned a plant in Allentown, Pennsylvania, thatclosed in 1933. That facility manufactured electric housewares,fans, motors, and generators.

b. Wastes from that facility Included crushed• - • • • * .

appliances and sludge from the waste water treatment plant thatcontained copper, chromium, zinc, nickel, c.admium> aluminum,mercury, lead, cyanide, phenol, arsenic, antimony, barium andsilver.

c. From approximately 1960 through 1973, GeneralElectric arranged to dispose- the hazardous substances- describedin subsection (b) above with McAuliffe Hauling Company and

•- ' .

Bldridge Sanitation, who then transported such wastes fromGeneral Blectrio's Allentown plant to the Site. on some-occasions, General, Electric transported its own wastes, describedabove, to the site for disposal.

AROOOI06

Domey Road Landfill Sto (OU2) " ••EPA Docket No. IH42.27AC -1- ,„

S« Btroh Brevery Company

a. The Stroh Brewery Company, an Arizonacorporation, is 'the successor in interest to the F & K SchaeferBrewing Company (Schaefer). Schaefer owned and operated a maltbeverage facility in Fogelsville, Pennsylvania from Fall 1971through Spring 1980. - - - - - • .._,,....

b. At the Fogelsville facility, Schaefergenerated, during times pertinent to this Order, spent filter aidfrom its production process.- This spent filter aid containedhazardous substances,' including phenois, "arsenic, barium,cadmium, selenium, 'organic haifde? copper "and 'z inc."

: . ' ' • • ~~ci /From 'appfoxlSaateiy 19 Tl "through ~19~7 8,Schaefer contracted" with 'Reeser's Hauling "Service 'to "arrange forthe disposal of the spent filter "aid. Reesef s Hauling Servicetransported such waste from Schaefer ''s 'Fogelsville plant to thesite. .' . ;.".' "••'.' •••-'•';." ••".-.'• '•-; • - - —i "- " •

a." "'From 19$9 until 19 7*ll. "Emory Habry leasedproperty from Waiter Folk' that now constitutes a major portion ofthe Site.

b. In 1962, R. Emory Habry and Alma C. Habryacquired that property.

c. From August 4, 1959 to December 31, 1966, R.• ' • ;

Emory Habry operated the Site. .d. His wife deceased, R. Emory Habry is now the

sole owner of the Habry property. (Dorothy and Russell Kulp own

AROOOI07

DomeyRoadLaodffasit9(OU2)&A Docket NO. I1192.27AC

the remaining portion of the Site.) .7. Hack Trucks* Ino.

a; Hack Trucks, Inc., a Pennsylvania corporation ,,owns and operates the Hack Hacungie Assembly Plant in Hacungie,Pennsylvania, that manufactures and assembles trucks.

b. The paint waste that Hack Trucks generated atits Hacungie plant, during times pertinent to this Order,contained, among other things, barium, arsenic, cadmium-,chromium, lead, mercury, selenium. anoY silver. .

c. From about March. I97i.-until. at least October1973, Mack Trucks,- Inc» arranged to dispose,- approximately onebarrel of paint waste per week: from the. Hacungie Assembly Plantto the Dorney Road facility for disposal." r . -

8. Atlas Minerals i_ Chemicals, ing. . .a. In December 1977, Atlas Minerals & Chemicals,

Inc. ("AM 6 C"), a Delaware corporation, purchased certain assetsfrom Electric Storage and Battery (now known- as Exide--Corporation) which assets included the facility in Hertz town,Pennsylvania*

b. The wastes generated by AM & C manufacturingoperation* included ketones, alcohols, aromatic hydrocarbons,organic monomers and polymers, inorganic acids, organicperoxides, organic and inorganic pigments and fillers,paraformaldehyde and soluble silicates. •

c. From approximately January 1973 until the' . . - • ' " •

landfill operations ceased at the Site, AM 6 C transported and/ or

AR000108

•'.T. ,

Domey Road Landfill Sto (QU2) ,Oodtef A/o. III-B2-27DC T* ••"*•'-....---. ™

arranged with transporters to transport its hazardous substancesfrom the Hertztown facility to the Site for disposal.

9. The Glidden Company' • •

a. The Glidden Company, a Delaware corporation,at the time of disposal a division of SCH Corporation, currentlya subsidiary of ICI America Holdings, Inc., operated a facilityin Reading, Pennsylvania, that manufactured paint.

b. During the 1960's and 1970' s, the paintmanufactured by Glidden at its Reading facility generated a wastestream which included, among other things, toluene, xylene,acetone, .lead and chromium. _ _ _ _ _ _ _ _ ..%

c. From at least 1966 to .1967, Gliddentransported and/or arranged for transporters to dispose of paintwastes at the Site.

10 . HH Holdings. Inc., successor in interest to SCHCorporation

a. KM Holdings, Inc., a Delaware corporation anda successor in interest to SCM Corporation, by and throughGlidden Coatings and Resins Division, operated a facility inReading/ Pennsylvania that manufactured paint.

b. During the 1960's and 1970's, the paint• . ' - - ' • - .

manufactured by Glidden at its Reading facility generated a wastestream which included, among other things, toluene, xylene,

acetone, lead and chromium. • .c. From at least 1966 to 1967, Glidden

transported and/ or arranged for transporters to dispose of liquid

„ . AROOOI09

tfed)

Domey Road.LandOU Sfo (OU2)Docket No.

industrial wastes at the Site.11 . Garden State Tannin<y Company

a. Garden State Tanning Company, a Delaware,- • " •

corporation, formerly a Division of Kiddie, inc. which is asubsidiary of Hanson Group (USA) Limited, owned and operated amanufacturing facility in Fleetwood, Pennsylvania. •

b. The wastes generated by the Garden StateTanning Company manufacturing operations included dye wastes,

which contained, among other things arsenic,- barium, cadmium,chromium, lead, • mercury,' nickel," silver and:- zinc -

c. From at least1 196 & to 1974>. Garden stateTanning Company arranged for transporters to disposer of hazardoussubstances from the Fleetwood facility at the Site.

C. Response Actions and Investigations- Performed at theSite ' '.' . " ' •.--•--.- • • . -", -.-..-. .

1. On Hay 21, 1930, approximately two years after thelandfill ceased operations, EPA sampled. ground water and leachateat the Site. Organic contaminants "detected, in the samplesincluded petroleum hydrocarbons and halogenated hydrocarbons.Inorganic contaminants detected included arsenic, cadmium,chromium and lead.. EPA issued a preliminary assessment of the

Site on July 1, 1930.2, On December 3, 1932, PADER representatives

- ' " *collected surface water and ground water samples at the Site.High levels of lead were detected in the surface water and' . ' • . . . - . : ' . - ; . • .... . . - . • - . . • . . • .phenols were detected in the ground water. On January 5, 1933,

A R O O O I I O

Domey Road Landfia Sit9(QU2)EPA Docket NO. //A32.37.0C

PADER sampled water from three residential wells in the area. Noadverse impacts to the ground water, at these locations, wereidentified. On January 13, 1983, PADER sampled surface soils

• •

from the landfill area. Elevated levels of lead were detected inthe soil samples from the landfill. .

3. On September21, 1984, pursuant to Section 105 ofCERCLA, 42 U.S.C.-S-9605, EPA placed the Dorney Road Landfill

Site on the National Priorities List-("NPL"), set forth at40 C.F.R. Part 300, Appendixes. (49 Fed. Reg.. 37070). •:.

4...In.a letter dated.January 10f-1986, PADERnotified EPA: of - the, need-i for-immediate-action at-the Site» Therewas concern about, contamination running ,1 off -.the Site-ontoneighboring fields., .After subsequent studies of on-site and off-site contamination migration patterns, the EPA On-SceneCoordinator ("OSC") decided,to take immediate action•to-controlerosion at the Site.- The removal action took place from June 11through 20,.1986... The-Site.was partially-regraded and..on-siteponds were constructed, to allow • for .controlled. discharge. ofsurface runoff via spillways. , > , - „ . , , ,-_..• ....,:

5. To study and undertake response activities inphases, EPA divided the Site into Operable Units. The Operable

. • ' . ' ' - .

Units for the Site are Operable Unit 1 (OU1), which deals withlandfill waste and soil, and Operable Unit 2 (OU2), which deals

with ground water.6. The Site was a State-lead NPL Site that was funded

through a Multi-Site cooperative Agreement. From about December

A R O O O I I I

OomeyRoadLandROSit9(OU2)FPA Docket NO. ffl.SM7.Qg

1937 to about June 1983, PADER undertook a Remedial Investigationand Feasibility study ("RI/FS") for the Site (OUl), pursuant toCERCIA and the National Contingency Plan ("NCP") as amended,

»

40 C.P.R. Part 300.

7. The decision by EPA on the remedial action to beimplemented at the Site (OUl) is embodied in a final ROD,executed on- September 29, 1983. This selected remedial actionincluded regrading, construction of a Pennsylvania-Type Multi-Lay er cap, runon/runoff controls/ elimination 'of ; on-site pondedwaters, ground water monitoring, perimeter fencing, and deed

- • - ~ ' ' • . 1 ." " r- - a *» % * w^ • -— -v* » ->- »» •"-»...— „.. notice. .-, .._.»....... .., . i _, , ...

3. In September 1989, Special1 Notice Letters were .issued to begin negotiations for implementation of the ROD forOUl. Negotiations' were unsuccessful*,' resulting in issuance of aCERCIA 5106 Unilateral Administrative Order (UAO) on September23, 1990. On January 25, 1991, a second? UAO was issued inreference to OUl. This UAd ordered an additional Respondent toconduct the remedy described in the ROD. f or1 OUIv ; ' ^

9. On September 13, 1991, an Explanation ofSignificant; Differences (ESD) was issued by EPA, addressingmitigation of pn-site wetlands as part of the ROD remedy for OUl.

10» From about November 1939 to July 1991, PADERconducted the RI/F3 for OU2. This work was also funded through aMulti-Site Cooperative Agreement.

11. The decision by EPA on the remedial action to be• ' . " • • ' v . . • '

implemented at the Site (OU2) is embodied in a final ROD,

AROOOI 12

ft,.Domey Road LandOU Sfa (OU2)EPA Docket No. ffWg.g7.OC

executed on September 30, 1991. This selected remedial actionincluded providing wellhead treatment units to residences wheresite-related contaminants exceed action levels described in the

•

ROD, and ground water monitoring.12. This Order addresses OU2. As described in the ROD

for OU2, 12 monitoring wells were installed as part of the RI for

OU2 to supplement the existing wells installed for- OU1-. Arearesidential wells were also sampled and analyzed. Ground watersamples were collected in Hay 1988 >• May 1990 and' June 1990.Additional residential well sampling was conducted in June 1991.Sampling results have been grouped according tov their relativelocation in regard to- thenSite •' ' } ~': •' - ' •-••- -.--

a. -Northern Area- '=-*- *• • • •--*'• -" '

Organic contamination- in- ground- water north of theSite is limited to low levels of volatile organic compounds

(VOCs) in several wells along the landfill perimeter. Thelargest- number- and* highest concentrations- of VOCs Were detectedin samples collected from- HW-8. The contamination detected inHW-8 can be attributed to its location on the border of -thelandfill. Trenches were reportedly excavated along the landfillboundary tending north and west from HW-8. Waste had beenpreviously placed in the trench and backfilled.

Ground water quality to the north of the Site has. * , '

been impacted to a greater extent by inorganic, contamination.Numerous inorganic constituents were detected above background inboth filtered and unfiltered samples from this area. Of the

AROOOI 13

.Domoy Road LandOa SBo (OU2)&A Docket NO. UUn.27M ____________-'-'"' . •' ' ty

Chemicals of Concern (COC) identified in the RZ/FS, onlymanganese and mercury were found in concentrations abovebackground. In'the majority of northern area wells, the bulk of

•

the inorganic contamination was comprised of constituents thatare not COC. These include barium, cobalt, nickel, potassium andsodium. The presence of these inorganic indicators confirm thefinding based on the manganese and VOC data that landfill-relatedcontamination has migrated into the northern monitoring wells.

At this time,- inorganicv Site-delated- ?-contamination has not reached the residential well north of the

site (HW-03). ------ - ; ~b. eastern area

Analysis of samples from-monitoring wells MW-23,MW-llD, HW-01 and HW-05 showed the. presence of 1,2-dichloroethene. Analysis of monitoring wells HW-23, HW-2DR, andMW-3S show that of the COC, chromium and mercury were detectedabove background. Samples from wells MW-2S> MW-2O and HW-3S alsocontained elevated concentrations of several inorganics includingbarium, potassium and sodium. Both the 1983 and 1390 samplingresults indicate that a plume of volatile organic contaminationis migrating eastward from the Site. Detection of 1,2-

• ~ • . •

dichloroethene in monitoring wells MW-23 (99 Mg/1), MW-llD (13pg/1), HW-01 (13 Mg/D and HW-05 (4 g/1) indicates that theplume-has migrated a significant distance eastward, at least asfar as residential well HW-05. Well HW-05 is located a distanceof approximately 5,000 feet east of the eastern, perimeter of the

V:l.'- AROOOI

Oomey Road Landfill Site (OU2)PPA Docket No. in.Q2.274K

landfill.c. Southern area

Ground water in the southern area is contaminated' ' ' " • - •

with several volatile COCs, including vinyl chloride, 1,2-dichloroethene and tetrachloroethene. The highest concentrationsof VOCs were detected in ground water sampled from the SouthWell, which is situated on the landfill border. The magnitude ofcontamination was significantly lower in well cluster HW-5S/5D,which is located 50 feet west of the South Well (also on thelandfill border) . This discrepancy in contaminant concentrationsis a characteristic of "fractured rock "aquifers "and "in this caseillustrates the lack of interconnection between"" the fracturezones intercepted by these nearly adjacent wells. Theconcentration and number of contaminants migrating to the southdecreases significantly with' horizontal distance from thelandfill. Contaminants appear to be moving downward in theaquifer as demonstrated by 'the 'detect ion "of 'VOCs" in HW-6D, butnot MW-6S. " ' '""* / " "

Inorganics data from 'the southern wells indicate onlyminimal impacts due to migration of inorganic contamination fromthe landfill. The high concentrations of inorganic constituentsdetected in unfiltered samples can be attributed to suspendedsediment in the samples, as indicated by the significantly lowerconcentrations in the filtered samples.

A R O O O t I S

DomeyRoadLandlttSlt9(OU2)ePtFXKMNo.nt42.37JV*

D. Tfte Release of Hazardous Substances at the flite

and the Resultant Bndanqenaenjj

1. The following substances, reported in the RI/FSReport for OU2, were found on and in the vicinity of the site orin the ground water, and are "hazardous substances" within themeaning of Section 101(14) of CERCLA, 42 U.S.C. S 9601(14),because they are listed at 40 C.F.R. S 302.4. Carcinogens areclassified by the EPA according to the following weight-of -evidence categories: a Group A Human Carcinogen means there issufficient evidence from epidemiological studies to support acausal association between exposure and cancer; a Group BlProbable Human Carcinogen means there is limited evidence ofcarcinogenicity of humans from epidemiological studies; a GroupB2 Probable Human Carcinogen means there is limited evidence ofcarcinogenicity in animals; and a Group. C Possible HumanCarcinogen means there is limited evidence of carcinogenicity inanimals with inadequate or lack of evidence in humans.

-•' -..--•: -~c _-::v ..:_•--? . V - • - • - . - ...a. Bensene. Benzene is a Group 'A carcinogen,

causing leukemia in individuals exposed to airborne benzene. Italso adversely affects the formation of hemoglobin in humans andhas been shown, to be toxic ta fetuses and lethal to embryos inexperimental animals. Exposure to high concentrations of benzenein the air causes central nervous system depression andcardiovascular effects, and dermal exposure may cause dermatitis.

b. Cadmium. Cadmium is a Group 31 carcinogen.Occupational exposure to cadmium dust is associated with cancer

AROOOH6

Domey Road Landfill Ste (OU2) ; <f*<<jlEPA Docket NO. I I M 2 . 2 7 J > C _ _ _ _ _ _ _ _ . "" . ' ' '...J.. / ' _ *»

of the prostate and the lung, cadmium is a known animalteratogen and. reproductive toxin. Ingestion of the metal andsoluble compounds causes increased salivation, choking, vomiting,

•

abdominal pain, anemia, renal dysfunction, diarrhea and tenesmus.Inhalation of dust and fumes causes cough, headache, vomiting,

chest pain, extreme restlessness and irritability, pneumonitis,and possibly bronchopneumonia. .

c. Carbon Tetrachloride. Carbon tetrachlorideis a Group B2 carcinogen. It-is,associated with liver tumors inexperimental animals. Carbon tetrachloride also ..causes both~ .- . --.•_»--^.— ,,..•» — i. - . . - - „ . ;* *, >» l « i .

liver and kidney damage .in animals and humans - Exposure tocarbon tetrachloride vapors-in animals led to damage of the opticnerve and degeneration of-the.jnyelin sheath of .the-sciatic nerve.

d. Chloromethane. Chloromethane.is a Group c__ . . - - . - - • _ • - -. — ... - u . , v -— •—- -: '- .. f ". *^

carcinogen. Chloromethane has caused tumors of the kidney andliver in mice exposed by inhalation. _ Exposure to highconcentrations adversely affects the central- ervous ..system,kidney, and liver in humans* :Chlqromethane_i.s;a :teratogen_inmice, causing heart defects in fetuses. Chloromethane has causedcarcinogenic responses in mice exposed by inhalation.

e. Chromium. Chromium is a Group A carcinogen.An increased incidence of lung cancer has been seen in workersoccupationally exposed to hexavalent chromium- Oral ingestionmay lead to severe irritation of the gastrointestinal tract,circulatory shock and renal damage. Other forms of chromium suchas the trivalent form is associated with contact dermatitis in

A R O Q O I 1 7

• Domey Road Landau Stt9(QU2)gP4 Docket NO. ttt.92.27.DG

sensitive individuals.f. 1,1-Dichloroethane. Dichloroethane (1,1) is

a Group C carcinogen. Oral ingestion of 1,1-dichloroethane is. ' " - • • " •

associated with cancer of the epithelial cells lining the heartand vessels of the circulatory system in rats. Inhalationexposure to high doses causes central nervous system depressionin humans and may cause liver damage. In animals, high dosescause liver and kidney damage and retard fetal development.

g. 1,2-DioBloroethane. Dichloroethane (1,2) isa Group B2 carcinogen. When administered orally to animals, itproduces cancer or the stomach, circulatory system, mammaryglands and lungs in experimental animalsV * Human exposure byinhalation to 1,2-dichloroethane has been shown to causeheadache, dizziness, nausea, vomiting, abdominal pain, irritationof the mucous membranes, and liver and kidney dysfunction.Dermatitis may be produced by skin, contact.

h. 1,2-Diohloroethene. Dichloroethene (1,2)acts principally as a narcotic, causing, central nervous systemdepression » Short 'term exposure has been found to cause nausea,vomiting, weakness, tremor, and cramps in humans. Repeatedexposure- i* associated with liver damage in rats. Dichloroethene(1,2) is an irritant producing dermatitis and irritation ofmucous membranes.

i. 1,2-Dichloropropane. Dichloropropane (1,2)is a Group B2 carcinogen. Oral administration in experimental

• • ' - ' ' • ' . : • - -' . -' -. '..' ' - '

animals is associated with cancer of the liver. High.

. AROOOI IB

•f.t

DomeyRoadLandfiaSH»(OU2) &*'?EPA Docket NO. HI42.27AC ________________ """ • ' ---•••.•.•--.- 99

concentrations of 1,2-dichloropropane cause central nervoussystem depression and narcosis in humans and adversely affect theliver; kidneys, 'adrenals, and heart. Other human symptomsinclude headache, vertigo, lacrimation, and irritation of themucous membranes. Dichloropropane (1,2) is a mild skin and eyeirritant.

j. Lead. Lead is a Group B2 carcinogen.Exposure of a pregnant woman to lead results in the transfer oflead to the fetus and may cause' pre-term birth, reduced birthweight, and decreased IQ in the infant. ~ Lead* exposure also maycause measurable cognitive retardation, lower IQ scores, and

-.' ... : ' '-. -• „_i . :,r;i.. js -- .-.reduced growth in young children. Adults exposed to high levelsof lead can suffer anemia and severe damage to the brain, central

nervous system, and kidneys. Low level lead exposure may

increase blood pressure in middle-aged men. In addition, lead- — . -....„' . -„• .1. •••-..- ~may induce abortion and cause damage to the male reproductive

system.

icV Manganese. Hanganese'dust* and'fumes are mildirritants to. the eyes and mucous membranes of the respiratorytracts. Long term exposure is associated with apathy, anorexia,headaches, weakness of the legs, and painful joints. Hanganese

•

psychosis follows with certain definitive features:unaccountable laughter, euphoria, impulsive acts,absentmindedness, mental confusion, aggressiveness, andhallucinations, with symptoms usually disappearing with the onsetof neurological disturbances. Speech disturbances are common.

AROOOI19

.Domey Road LandfittSfo(QU2)

Tremors are frequent, particularly of the tongue, arms, and legs.There may be excessive salivation and excessive sweating. Atthis point the disease is indistinguishable from classical• • . .Parkinson's disease.

1. Mercury. Hercury is readily absorbed by therespiratory tract, intact skin and gastrointestinal tract. •Soluble salts of mercury have violent corrosive effects on skin,and mucous membranes. Mercury . may also cause severe nausea,vomiting, abdominal pain, kidney damagev central nervous systemdamage and death. -Embryo toxicity- and t era togenicity have beenreported for a - variety - of . experimental animals . In humans,prenatal exposure to methyl mercury has-been- associated withbrain damage.

m. Tetracbloroethene. Tetrachloroethene is aGroup B2 carcinogen. Tetrachloroethene produces liver cancer inexperimental animals via the oral and inhalation route. Exposurevia inhalation may cause leukemia, liver, kidney, and centralnervous system damage* High concentration may produce eye andnose irritation and dermatitis. Signs and symptoms of .overexposur* may alsa include malaise, dizziness, headache,Increased perspiration, fatigue, staggering gait and slowing ofmental ability.

n. l,l,i-Trichloroet&ane. Trichloroethane•

(1,1,1) has been shown to produce liver damage in experimentalanimals. Inhalation exposure to high concentrations of -.1,1-trlchloroethane depressed the central nervous system; affected

HROOOI20

Domoy Road Landfill Site (OU2)EPA Docket No. UUt2.97JV*

cardiovascular function; and damaged the lungs, liver, andkidneys in animals and humans. Trichloroethane (1,1,1) has alsobeen associated/ with skin and mucous membranes irritation in• .humans.

o. Trichloroethene (TCB). Trichloroethylene isa Group B2 carcinogen. Oral exposure to trichloroethylene is

associated with cancer of the liver. Inhalation exposure mayproduce lung cancer. Short term exposure to trichloroethylenedepresses*the central nervous system-producing headache,dizziness, vertigo, tremors, nausea and vomiting, irregular heartbeat, sleepiness? fatiguey-blurred-vistbif-and Intoxicationsimilar to that of alcohol. - TCE may cause irritation of theeyes, nose', and threat. ' ~ ""-' ---•••.-' • --- - •-.

p. Vinyl Chloride, vinyl chloride is a Group Acarcinogen which causes cancer of the liver and lung. Excesscancer of"the lymphatic and nervous system' has also beenreported. Long term exposure;to vinyl chloride by humans isassociated with multiple systemic disorders such as liver damage.Short term exposure to high concentrations can cause narcosis,respiratory tract irritation, bronchitis and memory disturbances.vinyl chloride is a skin irritant and nay cause frostbite uponevaporation.

2. This Site is of potential public health concern dueto the risk to human health resulting from possible exposure tohazardous substances at concentrations that may result in adversehealth effects. Human exposure to contaminants from the Site can

AROOOI2I

Road Landfitt Sit* (OU2)EPA Docket NO. IIM2.27J1C __

result from ingestion and inhalation of contaminated groundwater. The aquifer beneath the Site is a current source of-drinking water. *. Ground water contamination has migrated off -site

•

and into at least one residential well to the east/ southeast.This contamination will continue to migrate and possiblycontaminate other residential or livestock, wells. When last

sampled in June 1991, only VOCs were detected in the residentialwell. However, the inorganic hazardous substances in groundwater may migrate into this and other residential or. livestockwells. • • ' - ' •'. . •• • . : . : : , , , . - , '

• __ 3. Local contaminant migration from, the waste area isprimarily downward until the. water table is_ intercepted. Thenthe controlling factors for flow within the water, table dictate

the horizontal and vertical distribution of hazardous substancesmigrating from- the Site area. ., , .

4. Hazardous substances emanating* from the southernhalf of the Site are transported in. the. ground, water in thesouth/ southeast direction. After, the hazardous substances exitalong the southern portion of the Site, a major- fracture systemwithin this area diverts flow towards the east/southeast.Hazardous substances in the northern half of the Site aretransported in a northern, eastern, and southern direction inresponse to horizontal gradients. It appears that thecontaminant plume is then diverted toward the east /southeast inresponse to the primary fracture orientation as> indicated in thesouthern portion or the Site.

AR000122

to*Domey Road Landfin Site (QU2) ...EPA Docket NO. II142.27J)C _________________ " ''

B. The Record of Decision

1. Pursuant to Section 117 of CERCLA, 42 U.S.C.S 9617, EPA published notice of the completion of the FS for OUl

- . _ *

and of the Proposed Plan for remedial action on August 15, 1988,and provided opportunity for public comment on -the proposedremedial action for OUl.

2. The decision by EPA on the remedial action to beimplemented at the Site (OUl) is embodied -in a -ROD, executed onSeptember 29, 1988. The Commonwealth of 'Pennsylvania gave itsconcurrence to that ROD.- ...-.-••_.-.. .--.--ii

_ _ _ _ . _ . . - ..-?.*'_"**. -^ •-*? *f. •-• ~: *.. __ _ •_ r - - *"

3. Pursuant to Section 117 of CERCLA, 42 U.S.C.S 9617, EPA published notice of the- completion of the FS for OU2

— . . . - . — - • - *

and of the Proposed Plan for remedial action on August 1991, andprovided opportunity for public comment on the proposed remedialaction for OU2.

4. The decision by EPA on the remedial action to beimplemented at the Site f or OU2 is embodied in the final ROD.The ROD is attached to this Order as "Exhibit-1" and isincorporated herein by reference. The ROD is supported by anAdministrative Record prepared in accordance with S 113 (k) ofCERCLA, 42 U.S.C. S 9613 (k) , that contains the documents andinformation which support the remedial response selectiondecision.

5. The selected remedy set forth in the ROD includes,

but is not limited tota. Installation and maintenance of wellhead

AROOOI23

DonuyRoadLandaaSito(OU2)EPA Docket NO. HL92.27AC_____________.___________________ 27 y >

treatment units to residences if levels o£ Site-relatedcontaminants exceed action levels described in the ROD, and

b. Ground water monitoring.• 6. This remedial action for OU2 will protect human

health and the environment by preventing ingestion of groundwater contaminants above HCLs and risk based levels. It willalso monitor the ground water to confirm natural attenuation ofthese contaminants.

xv. coNCLuaioNa oy.'LAw AND DBTBRMINATIONSA. The Dorney Road Landfill Site A including OU2, is a

"facility as defined in Section 101(9) of CERCLA,42 U.S.C. $9601(9).

- • . B. "Hazardous substances", as that term is defined inSection 101(14) o« CERCLA, 42 U.S.C. S 9601(14), have beendeposited, stored, placed, or otherwise located on and remain atthe.Site (OU2)_._'.._,.__ .._.,„_____________

C. The hazardous substances at the Site (OU2) are being• ' • • • • - • • -^VivTV^JHv^*-- .

released or threatened to be released as "release1* is defined in: '--r-11*- - c»ii*;f_;;.. <-_r-.;"•-• *;Ui':.,4i -.-.vO-*

Section 101(22) r 42 U.S.C. $ 9601(22), from the'site (OU2) into.• -% • „ " - ; * c.*~»-j*-

the environment, and may present an imminent and substantialendangerment to the public health or welfare or the environment.

•

D. Each Respondent is a "person11 within the meaning ofSection 101(21) of CERCLA, 42 U.S.C. S 9601(21).

' m ' . - -

' E. Respondent R. Emory Habry is a person who owns, and whoowned and operated, a portion of the Site at the time ofdisposal, as the terms "owner* and "operator" are defined at

AROOOI21*

0p//?/

Domey Road Landm Site (OU2)EPA Docket NO. nt.92.27JV*________________]_f_________________ gfl

Section 101(20) of CERCLA, 42 U.S.C. S 9601(20), and is

therefore, liable pursuant to Section 107(a)(1) and (2) ofCERCLA, 42 U.S.C. SS 9607(a)(l) and (2).

F. Respondents Caloric Corporation, East PennManufacturing Company, Inc., Exide Corporation, General ElectricCompany, Stroh Brewery Company, Hack Trucks, Inc., Atlas Mineralsand Chemicals Inc., The Glidden Company, KM Holdings, Inc.,successor in interest to SCH Corporation, and Garden StateTanning Company are persons "who by contract, agreement orotherwise arranged for disposal or treatment, or arranged with atransporter for transport for disposal or treatment of hazardoussubstances" at the Site and, therefore, are liable pursuant toSection 107(a)(3) of CERCLA, 42 U.S.C. S 9607(a)(3).

G. The contamination at the Site and resultant endangermentto the public health and welfare as a result of thiscontamination., constitute an. indivisible. Jiarm.

H. EPA has determined that in order to protect the publichealth and welfare and the environment, the ROD for OU2 must beimplemented to provide wellhead treatment units to affectedresidences and to monitor the ground water contamination presentwithin the Site (OU2) to reduce or prevent current and futureexposure to such ground water contamination.

V. SCOPE OT THE RESPONSE ORDERED

Based on the foregoing and the Administrative Record,Respondents are hereby Ordered, jointly and severally, to complywith the provisions of this Order, including but not limited to,

AROOOI25

•: M.

DomoyRoadLandaaSit9(OU2)EPA Docket N*Itl42.27J1C_________- • . .' ' .:___________ 2g

all attachments to this Order, all documents incorporated byreference into this Order, and all schedules and deadlines inthis Order, attached to this Order, or incorporated by reference

• ' ' ' " •

into this Order.Vt.

Unless otherwise expressly provided herein, terms used inthis Order ° that "are defined in CERCLA or in regulationspromulgated under CERCIA" shall have the meaning assigned to themin the statute o&~'t£ i f'&tt&a ~&€ ttticfcs£. Whenever termslisted below are~uS¥d in* fchi dr%er or in the documents attachedto this Ordia blr in i y ^ Order, thefollowing definitTonsTshair apply r

A. "Data Q"uility~ODjec1tive¥* ("DQOs") are qualitative and' - * • , - " . » •

quantitative statei_ents~ which specify the quality of the datarequired to support EPA decisions during remedial response •actions. DQOs are determined based on the end uses of the datato be collected.

B. "Day* shall mean a calendar day unless expressly statedto be a working day. "Working day* shall mean a day other than aSaturday, Sunday, or Federal holiday. In computing any period oftime under this Order, where the last day would fall on a

• . . . . , ' - .Saturday, Sunday, or Federal holiday, the period shall run untilthe end of the next working day.

C. "National Contingency Plan* or "HCP* shall mean theNational Oil and Hazardous Substances Pollution contingency Plan,codified at 40 C.P.R. Part 30O, including any amendments thereto.

,. AROOOI26

Domey Road LandOtt Sfa (O02)EPA Docket No. IIW2-27J1C

D. "Operable Unit No. i" or "OUl" means the Site OperableUnit associated with the Site that addresses the Landfill wasteand soil as described more fully in the ROD for Operable Unit No..1, dated September 29, 1988.

E. "Operable Unit No. 2 " or HOU2" means the Site Operable

Unit associated with the Site that addresses the ground water asdescribed more fully in the ROD for Operable Unit No. 2, datedSeptember 30, 1991. -

F. "Operation and Maintenance" or "O&M" shall mean all

activities that (1) are required under. the Operation andMaintenance Plan, developed by Respondents pursuant to. this Orderand the ROD, and (2) approved by EPA r .^ . . .

G. "Performance Standards" shall mean those . cleanupstandards, standards of control, and other substantiverequirements, criteria or limitations, identified in the Recordof Decision, that the Remedial Action and- Work required by thisOrder must attain and maintain. "Performance Standards" shall

include the applicable or relevant and .appropriate requirementsstated in the ROD.

H. "Record of Decision* or "ROD" shall mean, unlessotherwise stated, the EPA Record of Decision relating to the Site(OU2), signed on September 30, 1991, by the RegionalAdministrator, EPA Region III, and all attachments thereto. ThatROD is attached hereto as Exhibit 1. .

I. "Remedial Action" or "RA" shall mean those activities,except for Operation and Maintenance, to be undertaken by

AROOOI27

Domey Road Landfill S/rt (OU2)EPA Docket NO. llt.92.27JX! ___________;_____________________ 31

Respondents to implement the final plans, and specifications thatare submitted by Respondents-pursuant to the Remedial Design WorkPlan and subsequently approved by EPA, including any additional

" . ' • - • '

activities required under Sections VII, VIII, XIV, XV and XIX of. . . ' < .

this Order.J. "Remedial Design1* or "RD" shall mean those activities to

be undertaken by Respondents to develop the final plans andspecifications for the Remedial Action pursuant to the RemedialDesign Work Plan.

K. "Site* or the- "Dorney Road Landfill Superfund Site",

shall mean the facility, as defined--in" Sect ion- lOSfg") of- CERCLA,42 U.S.C. S 9601(9)/encompassing approximately 27*-acres, locatedalong the southwest boundary1 of Upper Macungier Township, LehighCounty, Pennsylvania; as further described in the Record ofDecision that was issued by EPA in September* 1991". (See attachedExhibit 1). - . - . : : . . : - . - . . .,......:. •••.,;..,.,.-*.-..;.. ..

L. "State" or-"Commonwealth" shall mean> ther Commonwealth ofPennsylvania.- -v,-.•>-.«.-.... : —--r, . : ;.

M. "Work* shall mean all activities Respondents arerequired tCv perform under this Order to implement! the ROD for theSite (OU2}* including Remedial Design, Remedial Action, Operation

* . - . ' ' • •

and Maintenance for- the Site (OU2), tasks to be performed inaccordance with any Work Plan required by this Order, and anyother activities required to be undertaken pursuant: to thisOrder. : : - • ' - ' • • . . ' • • . . • • ' . • . ' . • • ;

AROOOI28

Domey Road Landfill Sfo (OU2)EPA Docket NO. ttl.92.27JV*

VTI. WORK TO BE PERFORMED

A. Requirement to comply with ROD and RRARs

1. „ Respondents shall implement the September 1991•

ROD in accordance with that document, CERCLA, the NCP and therequirements and schedules specified in this Order. All actionsand activities carried out by Respondents pursuant to this Ordershall be performed in accordance with all applicable Federal,

State, and Local laws and with applicable or relevant andappropriate requirements (ARARs) and guidance documents.Respondents shall obtain all permits and authorizations necessaryfor off -site Work and shall timely submit and completeapplications and requests for any such permits or authorizations.

2. This Order is not, and shall not be construed to,

be, a permit issued pursuant to any Federal or State statute orregulation.

B. Assurance of Ability to Complete Work

1. Respondents shall jointly and/or severallydemonstrate their ability to complete the Work: required by this

Order and to pay all claims that arise from the performance ofthe work required by this Order by obtaining, and presenting toEPA for approval within thirty (30) days of EPA '8 acceptance of

the Respondents' contractor (s), the following sa. One of the following sufficient to

demonstrate ability to complete the Work:(i) a performance bond;(ii) a letter of credit;

AROOOI29

(Red)DomeyRoadLandttasi»(OU2)EPA Docket NO. tn.92.37JV*

(iii) a guarantee by a third party; or(iv) yearly internal financial information;

sufficient, to demonstrate to EPA's satisfaction that Respondentsjointly and/or severally have enough assets to complete the Workrequired by this Order; and

2. Copies of insurance policies issued to Respondentsor their- contractors or, in the alternative, one of the above-described financial assurances sufficient to cover the following:

a. Workmen's Compensation~and Employer'sLiability Insurance in accordance with the laws of theCommonwealth of'Pennsylvania;

~ b/ Comprehensive General Liability Insurance,including: .

(If Contractual Liabiii r $i million eachcontract;

" """ (ii) Bodily injury Liability - $1 millioneach person; $1 million each accident;(iii) Property Damage - $1 million eachaccident; .

c. Bodily Injury Liability - $500,000 eachperson; $r million each accident; and

d. Umbrella Policy in the amount of $3 millionwhich shall provide coverage in excess of the underlying coveragedescribed above. ' ' '

3. For each year that any Respondent seeks to satisfythe requirements of section VII.3 of this Section by submitting

AROOOI30

"li'«Domey Road Landaa Sto (OU2)EPA Docket NO. III42.27JV* _______________-_._____________3,

internal financial information, such Respondents shall submitsworn statements containing such information on the anniversaryof the effective date of this Order until EPA determines in

• - - . ' - ' •

accordance with Section XXIII of this Order that all Workrequired pursuant to this Order has been fully performed and allperformance standards have been met. The failure of anyRespondent to demonstrate it's ability to complete the Work

required by this Order, in any given year, shall not alter thatRespondent's joint and several liability to comply with all other

terms of this Order.

C. Contraeter Qualificationsy Performance

1. All aspects of the Work to be performed byRespondents pursuant to this Order shall be under the directionand supervision of qualified personnel, the selection of which

shall be subject to acceptance or disapproval by EPA.2. Remedial Design Profesaional(s)

a. Within thirty (30) days after EPA accepts theRespondents' Project Coordinator, Respondents shall notify EPA inwriting of the identity and qualifications of the contractor(s)and subcontractor(s) to be used in carrying out the Work requiredby this Order. If. at any time thereafter the Respondents proposeto change any such contractor(s), the Respondents shall givewritten notification to EPA and shall obtain acceptance from EPAbefore the new contractor(s) performs, directs or supervises any

Work under this Order.b. EPA will notify the Respondents in writing of

AROOOI3!

Oomey Road Landaa Sit* (OU2) •EPA Docket NO. tlt.92.27JV*________________________________ 3S

its acceptance or disapproval of the proposed contractor(3),including subcontractor(s). If EPA disapproves of the selectionof the Respondents' proposed contractor(s), the Respondents shall

' • '- • - -- ' ' •

submit to EPA the names and qualifications of at least three (3)contractors that would be acceptable to the Respondents within atleast fourteen (14) days of receipt of EPA's disapproval of thecontractor(s) previously proposed. Except as provided below, EPAwill provide written notice of the name of the contractor(s) thatEPA accepts. Respondents may select any "accepted contractor (s)from that list and* shall notify EPA of the names of thecontractor (s) selected within fourteerf -(10- rdays"ot EPA'sdesignation of accepted contractors. Within fourteen (14) daysof receipt of EPA acceptance- off the Respondents*" contractor (3) ,the Respondents shall enter into an agreement with suchcontractor (s) selected by the Respondents' to perform the Work forwhich such contractor ) was accepted by EPA. -In-the event EPAdoes not accept any of the contractors proposed in theRespondents' list, the Respondents shall be in violation of thisorder. EPA may in such event direct the Respondents to submit to....EPA the names* and qualifications of at least three (3) additionalcontractors- that would be acceptable to the Respondents withinfourteen (14) days.of receipt of EPA's disapproval of thecontractors proposed by .the Respondents.

3. Remedial Action constructor(•)a. Within thirty (30) days after EPA approves' . • . , _ . '

the Remedial Action Work Plan submitted by the Respondents

AROOOI32

Domey Road Landfill Sto (OU2) •< 'EPA Docket NO. llt42.27Jjq___________----- . . . „

pursuant to Section VII.D. of this Order, the Respondents shallnotify EFA in writing of the name, title and qualifications of

any contractor(s), including subcontractor(s), proposed to be

used in carrying out Work required by such approved Remedial

Action Work Plan. If at any time thereafter the Respondents

propose to change any such contractor(s), the Respondents shall

give written notification to EPA and shall obtain acceptance fromEFA before the new contractor (s) performs,- directs or supervisesany Work under this Order.

b. EPA will notify the Respondents in writing ofits acceptance or disapproval of the* proposed'contractor (s),including subcontractor ). If EPA disapproves of the selection

of the Respondents' proposed contractor(s), the Respondents shall

submit to EPA the names and qualifications of at least three (3)contractors that would be acceptable to the Respondents withinfourteen (14) days of receipt of EPA disapproval of thecontractor(s) previously proposed. Except as provided below, EFAwill provide written notice of the name of the contractor (s) thatEPA accepts. The Respondents may select'any acceptedcontractor (s) from that list and shall notify EPA of the name ofthe contractor (s) selected within fourteen (14) days of EPA'sdesignation of accepted contractors. Within fourteen (14) daysof receipt of EPA acceptance of the Respondents' contr actor (s),the Respondents shall enter into an agreement with suchcontractor(s) selected by the Respondents to perform the Work forwhich such contractor (s) was approved by EPA. In the event that

AROOOI33

EPA Docket NO. tn.92.27JX__________:_________________________ 37

EPA does not accept any of the contractors proposed in theRespondents'3 list, the Respondent shall be in violation of thisOrder. EPA may in such event direct the Respondents to submit .toEPA the names and qualifications of at least three (3) additionalcontractor(s) that would be acceptable to the Respondents withinfourteen (14) days of receipt of EPA's disapproval of thecontractors proposed by the Respondents.

4. EPA retains the right to disapprove at any timethe contractor(3), including subcontractor(s); supervisorypersonnel; or other persons retained to conduct any of the Workrequired by this Order. In such event, the Respondents shallpropose replacements in accordance with the requirements of this

' - • - . • • ' • • - . . . • ' • "Section.

5. Neither the United States nor EPA shall be heldout to be a party to any contract between or among-Respondentsand any contractors, including subcontractors, or other personsretained to conduct Work required by this Order.

D. Respondents shall Perform the Work as Follows*

1. The Remedial Design Work Plan-a. Within forty-five (45) days of receiving

notice of EPA's acceptance of the Remedial DesignProfessional ), Respondents shall submit, a Work Plan for theRemedial Design at the Site (Remedial Design Work Plan or RO WorkPlan) to EPA for review and approval. The RD Work Plan shallinclude a step-by-step plan for completing the Remedial Designfor the remedy described in the ROD- and for attaining and

ARQOQiat*

Domey Road LandOB Sto (OU2)EPA Docket NO. llf.92.27JV*

maintaining all requirements, including Performance Standards,identified in the ROD. The RD Work Plan must describe in detailthe tasks that -the Respondents will complete and the deliverables

the Respondents will submit during the Remedial Design phase, andcontain a schedule for completing the tasks and submitting the

deliverables in the RD Work Plan. The major tasks anddeliverables described in the RD Work Plan shall include, but not

be limited to, the following: (1) a Pre-final Design; (2) a

Final design; (3) a Design Sampling and Analysis Plan; (4)

Contingency Plan; (5) a plan for gathering additional data orinformation, or performing additional feasibility studies; and(6) any .other appropriate components". ------

x_- b. The RD Work Plan shall be consistent with,and shall provide for, implementing the ROD, including but notlimited to the Performance Standards in Section 9 of the ROD, and

shall comport with EPA's "Superfund Remedial Design and Remedial

Action Guidance", OSWER Directive 9355.Or4A, and any amendments

to such Guidance. It shall also comport with EPA's "Guidance onEPA Oversight of Remedial Designs and Remedial Actions Performedby Potentially Responsible Parties", OSWER Directive 9355.5-01,and any amendments to such Guidance. Upon approval by EFA, theRD Work Plan is incorporated into this Order.

c. Upon approval of the RD Work Plan by EPA,• ' •

Respondents shall implement the RD Work Plan according to theschedule in the approved RD Work Plan. Unless otherwise directed

- by EPA in writing. Respondents shall not commence Work at the

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EPA Docket NO. llt.92.27JV*

site prior to EPA's written approval of the RD Work Plan.d. Within forty-five (43) days after receiving

notice of EPA's acceptance of the Remedial DesignProfessional (s), Respondents shall submit to EPA a Health andSafety Plan for field design activities which conforms to theapplicable Occupational Safety and Health Administration and EPArequirements including, but not limited to, 29 C.F.R.S 1910.120 and 54 Fed. Reg. 9294 (March 6, 1939>.

2. Remedial Designa. Within sixty (60) days after EPA approves the

RD Work Plan, Respondents shall submit a Pre-f inal Design to EPAfor review and approval. The Pre-f inal Design shall include, ata minimum: (1) design criteria; (2) results of treatabilitystudies; (3) results of additional field sampling? (4) projectdelivery strategy; (5) pre-final plans, drawings and sketches;(S) required specifications; and (7) a preliminary constructionschedule.

b. Within thirty (30) days after EPA, approvesthe Pre-Pinal Design, Respondents shall submit a Final Design toEPA foe review and approval. The Final Design shall include, ata minimum* (1) final plans and specifications; (2) an Operationand Maintenance Plan; (3) the Sampling and Analysis Plan,including the Field Sampling Plan (direc- .i at measuring progress.towards meeting performance standards); and (4> a Cc :ingencyPlan.

c. Upon EPA approval, the Final Design is

.AR000136

Domey Road Landfill Sfa(OU2) ,-.?_„ 'EPA Docket NO. HI.92.27JJC_________________**-*•.•• • ^'' ^

incorporated into this Order as a requirement of this Order.3. Remedial Action work Plan

a. Not later than thirty (30) days after EPA* •

approves all deliverables required as part of the Final Design,

Respondents shall submit a Remedial Action Work Plan (RA WorkPlan) to EPA for review and approval. The RA Work Plan shall bedeveloped in accordance with the ROD, any amendments to the ROD,

any ESDs issued by EPA pursuant to Section 117 of CERCLA, 42

U.S.C. S 9617, and shall be consistent with the Final Design asapproved by EFA. The RA Work Plan shall include methodologies,plans and schedules for completion of at ,least: .(.1) selection of

the Remedial Action constructor; (2) implementation of theRemedial Design; (3) development and submission of the groundwater monitoring plan; (5) identification of, and satisfactorycompliance with, applicable permitting requirements; (6)implementation of the Operation and Maintenance Plan; (7)implementation of the Contingency Plan; and (8) development andsubmission of the Performance Standards assessment plan. The RAWork Plan shall also include a schedule for implementing allRemedial Action tasks identified in the Final Design and shallidentify the initial formulation of Respondent's Remedial ActionProject Team.

b. Upon approval by EPA, the RA Work Plan shallbe incorporated into this Order as a requirement of this Order.

c. Not later than thirty (30) days after EPAapproves all deliverables required as part of the Final Design,

AROOOI37

EPA Docket NO. ltf.92.27JX* __________________________;________j_

Respondents shall submit the Health and Safety Plan for fieldconstruction activities. The Health and Safety Plan shallconform to applicable Occupational Safety and Health

• ' • • " • " _ . •

Administration and EPA requirements, including, but not limitedto, the regulations at 29 C.P.R. S 1910.120 and 34 Fed. Reg. 9294(March 6, 1939). .

4. Remedial Actiona. Upon written approval of the RA-Work Plan by

EPA, Respondents shall implement the RA Work Plan according tothe schedules in the RA Work Plan. Unless otherwise directed byEPA in writing, Respondents shall not commence remedial action atthe site prior ta approval of the RA Work Plan.

b. If Respondents seek to retain a RemedialAction Constructor to assist in the performance of the RemedialAction, then Respondents shall submit a copy of the solicitationdocuments, including, but not limited, to the Request ForProposals, ta EPA not later than five (3) days after publishingthe solicitation documents*

o. Hot later than twenty-one (21) days afterEPA's acceptance, of a contractor in accordance with SectionVII.e.3. of? this Order, Respondents shall submit a Construction:Quality Assurance and Control Plan to EPA for review andapproval. The Construction Quality Assurance and Control Planshall identify key personnel, their experience, their ,qualifications, and their responsibilities for construction

• • - • • - -activities, and shall include a detailed schedule for completing

AROOOI38

•"•fOomey Road Landfill Site (OU2)EPA Docket NO. Uf.92.27JV* _

all construction activities. Upon approval by EFA, the

Construction Quality Assurance and Control Plan shall beincorporated into this Order.' •

d. Within 14 days after EPA approves the

Construction Quality Assurance and Control Plan, Respondentsshall begin on-site implementation of the Remedial Action. Uponapproval by EPA of the Construction Quality Assurance and Control

Plan, Respondents shall implement and comply with the schedulesand terms of all deliverables relating to the Remedial Action

including the RA.Work Plan and .the Construction Quality Assuranceand Control Plan. . . .r.

e. The Work performed by. Respondents pursuant tothis Order shall, at a minimum, achieve .the Performance Standards

specified in Section 9 of the Record of Decision and in the EPAapproved Work Flans. .

f . Notwithstanding any action by EPA,Respondents remain fully responsible for achieving thePerformance Standards in the ROD and EPA approved Work. Plans.Nothing in this Order, or in EPA's approval of the RemedialDesign or Remedial Action Work Plans, or approval of any othersubmission, shall be deemed to constitute a warranty orrepresentation of any kind by EFA that full performance of theRemedial Design or Remedial Action will achieve the Performance

Standards set forth in Section 9 of the ROD and in the EFAapproved Work Plans. Respondents' compliance with such approveddocuments does not foreclose EPA from seeking additional work to

AROOOI39

ORIGINAL

EPA Docket NO. tn.92.27JX*_____________________________ ^

achieve the applicable performance standards-3. off-aite Shipments. a. Respondents shall, at least twenty-one (21).

days prior to any off-Site shipment of hazardous substances fromthe Site to a waste management facility, provide writtennotification to the appropriate state environmentalofficial inthe receiving state and to EPA's Remedial Project Manager ("RPM")of such shipment of hazardous substances. However, thenotification of shipments shall not apply to any off-Siteshipments when the total volume of all. shipments from the Site tothe waste management facility-will not exceed ten (10) cubicyards. " . , .. .--'•'''-

b. The notification shall be in writing, and• • ' . '

shall include the following information, where availablet(i) the name and location of the facility towhich the hazardous substances.are to beshipped;. . .(ii) the type and quantity of the hazardoussubstances to be shipped/ .(iii) the expected schedule for the shipmentof the hazardous substances; and

. (iv) the method of transportation.Respondents shall -atify. the receiving state of major changes in

• • - • • " . *

the shipment plan, such as a decision to ship e hazardoussubstances to another" facility within the same state, or to afacility in another state.

AROOOUO

./ *'*•Domey Road Landfill Sito (0<J2) -<vEPA Docket No. IH-92-27JVJ____________^j«-_____________44

c. The identity of the receiving facility andstate will be determined by Respondents following the award ofthe contract for the Remedial Action. Respondents shall provide

• •

all relevant information, including information under the

categories noted in Section VII.D.5.b. above, on the off-siteshipments as soon as practicable after the award of the contract

and at least fourteen (14) days before the hazardous substances

are planned to be shipped.d. All materials removed from the Site shall be

disposed of or treated at a facility in.accordance with Section121(d)(3) of CERCLA, 42 U.S.C. S9«l(d>(3>, the EPA "Revised

Off-Site Policy", and all .other applicable.or relevant andappropriate Federal, State and local regulations. :

6. Operation and Maintenance >..... ,Respondents shall perform the activities during

O&M listed in the ROD.and in accordance, with the RD and RA WorkPlans and the EPArapproved OtM Plan to be submitted.pursuant tothis Order. Notification requirements-for, off-site shipment ofwastes, described above, shall also be met during O&M.

7. Progress Reportsa. In addition to the other deliverables set

forth in this Order, Respondents shall provide monthly progressreports to EFA with respect to actions and activities undertakenpursuant to this Order. The progress reports shall be submittedon or before the fifth day of each month following the effectivedate of this Order. Respondent's obligation to submit progress

AROOOUI

Oomey Road LandOU Sto(OU2)EPA Docket NO. tn 2.27JX*

reports continues until EPA gives Respondents written notice thatRespondents have demonstrated, to EPA's satisfaction, that allwork required pursuant to this Order has been- fully performed and

•

all performance- standards have .been met. At a minimum theseprogress reports shall:

(i) Describe the actions that have beentaken to comply with this Order during theprior month; .(ii) Include all results of sampling andtests and all other data received by

Respondents and not previously submitted toEPA; ' -

• • ' . : • . ' ' . ' ' • •(iii) Describe all work planned for the nextmonth with schedules relating such work tothe overall project schedule for RD/RAcompletion;(iv) Describe, all problems encountered andany anticipated problems, any actual oranticipated delays, and solutions developedand implemented to address any actual oranticipated problems or delays; and(v) Include any additional componentslisted in the ROD.

* • ' " • . 'b. Failure to submit written reports in

accordance with the requirements of Section VII. 0.7. shall• - • - ' • • . • ' • ' . ' .

constitute a violation of this Order.

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Oomey Road Landfill Site (OU2)EPA Docket NO. llt.92.27JX:

VXZX. PIAHB AND REPORTS REQUIRING FPA APPROVAL

A. 1. All deliverables, reports or other items requiredby the Order shall be submitted to EPA for approval.

2. To the maximum extent possible communications

between the Respondents and EPA and all documents, including

reports, approvals, and other correspondence, concerning the

activities performed pursuant to this Order, will be directed tothe Project Coordinators by overnight mail or equivalentdelivery. - -- • - :.--.--- .;

B. Unless otherwise specified by the EPA RPM either

verbally or in writing,--three copies of all,documents, including

reports, approvals,-and other correspondence-submitted to EPApursuant to this Order-r shall be directed to the EPA RPMidentified pursuant to Section IX of this Order, in accordancewith the requirements of that Section. Three copies of all suchdocuments shall simultaneously be submitted to the Commonwealthof Pennsylvania at ther following- address t--•:.-.

Darius Szewczak •• • - - -Bethlehem District OfficeDepartment of Environmental Resources4530 Bath PikeBethlehem, Pennsylvania 18017-9010(215) 861-2070

C. After review of any deliverable, plan, report or otheritem that is required to be submitted for review and approvalpursuant to this Order, EPA may: (1) approve the submission;(2) approve the submission with required modifications; (3)disapprove the submission and direct Respondents to re-submit the

AROOOU3

DomeyRoadLandaaSl»(OU2)EPA Docket NO. lft.92.27JX* ______• _______________________47

document after incorporating EPA's comments; or (4) disapprovethe submission and assume responsibility for performing all or

* .

any part of the response action. As used in this Order, theterms "approval by EPA," "EPA approval," or a similar term meanthe action described in items (1) or (2) of this paragraph.

D. In the event of approval by EPA, Respondents shallproceed to take any action required by the plan, report, or otheritem, as approved or modified by EPA.

E. Upon receipt of a notice of disapproval or a requirementfor a modification, Respondents shall, within twenty-one (21)days or such other time as specified by EPA in its notice ofdisapproval or requirement for modification, correct the

• - • . ' - . . . ' - . .deficiencies and resubmit the plan, report, or other item forapproval. Notwithstanding the notice of disapproval, or approvalwith modifications. Respondents shall proceed, at the directionof EPA, to take any action required by any non-deficient portionof .the submission.

F. If any submission is disapproved by EPA, Respondentsshall be deemed to be in violation of this Order and EPA mayassume responsibility for performing all or any part of theresponse action. Such EPA performance shall not releaseRespondents from complying with all other requirements of thisOrder. .. * . - - .

G. EPA's decisions regarding the sufficiency oracceptability of all documents, and of any activities performedpursuant to this Order, shall control.

. AROOQUU

Oomey Road LandOtt Site (OU2)EPA Docket No. HU>2.27JXi _ . .± 1 _'..,.........,...... ' **

H. Notwithstanding any action by EPA, Respondents remainfully responsible for achievement of the performance standards inthe ROD and to be delineated in the Remedial Design. Nothing inthis Order, or in EPA's approval of the RD Work Plan or Remedial

Design, or approval of any other submission, shall be deemed toconstitute a warranty or representation of any kind by EPA thatfull performance of the Remedial Design or the Remedial Action

will achieve the performance standards set forth in the ROD andto be set forth in the Remedial Design., Respondents' compliance

with such approval documents does not .foreclose EPA from seekingadditional work to achieve the applicable performance standards.

IZ. DESIGNATED PROJECT COORDINATORS

A. The EPA's Project Coordinator sha l be the EPA Remedial

Project Manager ("RPM11). Unless otherwise directed by the EPA

RPM, all communications, whether written or oral,, from

Respondents to EPA shall be directed to EPA's-RPM. EPA's RPM is:

Frances L. Costan i _. t - - - _ - -. • • .U.S.Environmental Protection AgencyRegion III , ,..v,-,r ^ . -. ,.841 Chestnut Building** (3HW22)Philadelphia, PA, 193,07 ,,_(215) 597-3923

B. EPA has the non-reviewable right to change its RPM. If

EFA changes its RPM, EPA will inform Respondents in writing ofthe name, address and telephone number of the new RPM.

C. EPA's RPM shall have the authority lawfully vested in anRPM by the NCP. In addition, EPA's RPM shall have authority,consistent with the NCP, to halt any work required by this Order,

AROOOU5

Dorney Road LandM Sits (QU2) *EPA Docket NO. ltt.92.27JX* _________________;_____________4g

and to take any necessary response action when the RPM determinesthat conditions at the Site (OU2) may present an imminent andsubstantial endangerment to public health or welfare or the

. •

environment.

D. Within ten (10) days after the effective date of thisOrder, Respondents shall designate a Project Coordinator andshall submit the name and qualifications of the Project-Coordinator, including any support entities and staff, to EPA forreview and acceptance. Respondents' Project Coordinator shall beresponsible for overseeing the Respondents' implementation of

this Order. If Respondents wish to change their ProjectCoordinator, Respondents shall provide written notice to EPA,five (3) days prior to changing the Project Coordinator, of thename and qualifications of the new Project Coordinator.

E. Respondents' selection of a Project Coordinator shall besubject to EPA acceptance. If EPA does not accept the selectionof the Project Coordinator, Respondents shall submit to EPA alist of proposed Project Coordinators, including primary supportentities and staff, that would be acceptable to them, withinthirty (30) day* after receipt of EPA's notice not to accept theProject Coordinator previously selected. EPA will then provide

•

written notice to Respondents, and the Respondents may thenselect any accepted Project Coordinator from EPA's list and shallnotify EPA of the name of the Project Coordinator selected withintwenty-one (21) days of EPA's designation of accepted ProjectCoordinators..

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-V '""•c"lDorney Road Landfill Site (OU2)EPA Docket NO. HM2.27JJC ' ....:.-... _..... sfl

F. Each Project Coordinator will be responsible foroverseeing the implementation of this Order.

G. No informal advice or guidance from the EPA RPM shall•

relieve Respondents of any obligations under this Order.X. FAILURE TO ATTAIN PERFORMANCE STANDARDS

A. In the event that EPA determines that additionalresponse activities are necessary to meet applicable performance

standards, EPA may notify Respondents that additional responseactions are necessary. ~ ..-.-...--> .. _.r: - _ . . - . _ • : •

B. Unless otherwise ''stated-by"°EBfc? within thirty (30) daysof receipt of notice froffl CEPA thert additional response activitiesare necessary to meet any "applicable'performance standards in theROD and to be delineated in "the £t»;: Respondents shall submit forapproval by EPA a Work Plan ;-("WP"jr for the'additional responseactivities. The WP shall conform to the applicable requirementsof this Order. Upon EPA's "approval of the WP for additionalresponse activities/ thd WP-shall'becomeJanvenforceable part of

this Order and'Respondents shall implement that WP in accordance

with the provisions and schedule "doritained therein.XI. CTA PERIODIC REVIEW

Under Section 121(c) of CERCLA, 42 U.S.C. S 9621(e), and anyapplicable regulations, EPA must review the Remedial Action("RA") at least every five (5) years after initiation of the RA,if hazardous substances remain on the Site, to assure that thework performed pursuant to this Order adequately protects humanhealth and the environment. Until such time as EPA certifies

AROOOU7

Dorney Road LahdOn Sfo (OU2)EPA Docket NO. tn.92.27JX*

completion of the Work, Respondents shall conduct the requisitestudies, investigations, or other response actions as determinednecessary by EPA- in order to permit EPA to conduct the reviews

• - *

under Section 121 (c) of CERCLA, 42 U.S.C. § 9621(c). As a resultof any reviews performed under this Section, Respondents may berequired to perform additional work or to modify work previouslyperformed.

XXZ. BNPANqgRMgNT* AND EMERGENCY RggPONflS

A. In the event of any action, occurrence or situationduring the performance of the Work that causes or threatens tocause a. release of a hazardous substance or that may present animmediate threat to public health or welfare or the environment,Respondents shall immediately take all appropriate action toprevent, abate, or minimize such release or endangerment, andshall immediately notify EPA's RPM. If this person is notavailable, Respondents shall notify Region Ill's Eastern ResponseSection by telephoning (213) 597-9393. Respondents shall takesuch action in consultation with EPA's RPM and in accordance withall applicable provisions of this Order, Including but notlimited to the Health and Safety Plan and the Contingency Plandeveloped pursuant to this Order.

3. Nothing in the preceding paragraph shall be deemed tolimit any authority of the United States to take, direct, ororder all appropriate action to protect human health and theenvironment or to prevent, abate, or minimize an actual orthreatened release of hazardous substances on, at, or from the

AROOOU8

Dorney Road Landfill SKa (OU2)EPA Docket NO. III.92.27JX: _

Site. '

XXZX. SITE ACCESS

A. As of the effective date of this Order, each Respondent•

leasing, owning, or otherwise controlling property at the Site

shall provide access to EPA, the Commonwealth of Pennsylvania

their authorized representatives, and the Respondents and their

respective employees, agents, consultants, contractors, for thepurposes of conducting any activity required by or related -tothis Order. Such access shall permit EPA and its employees,agents, consultants,- contractors,- and other authorized

representatives- to conduct all activities described in Section

XIII. C. The actions undertaken by this' Order' are necessary tomitigate a real- and substantial threat to -the "environment and are

necessary to protect the public health and safety. The Taurdenimposed on the property is the minimum necessary to respond to

the release and/or threat of release of hazardous substances onthe Site and the threat to the public health and safety posed bythe Site as a result of the real and/or threatened contamination

thereon.

B. To the extent that Work required by this Order must beperformed on property not presently owned or controlled byRespondents, the Respondents shall use best efforts to obtainaccess agreements from the present owners of such property withinthirty (30) days of the effective date of this Order. At aminimum, best efforts shall include, but shall not be limited to,a certified letter from Respondents to the present owners of such

AROOOU9

• * - . - . . •Domey Road LandOa Sit* (OU2)EPA Docket NO. ltt.92.27JX*____________________________________ 53

property requesting access agreements fulfilling the requirementsof Section XIII.A. and C. In the event that the property ownersrefuse to provide such access or access agreements are notobtained within thirty (30) days of the' effective date of thisOrder, whichever occurs sooner, the Respondents shall immediatelynotify EPA, in writing, of all efforts to obtain access and'the.circumstances of their failures to secure access agreements. EPAmay, in its discretion, thereafter assist Respondents inobtaining access.

C. EPA and its employees, agents, consultants, contractors, .and other designated representatives shall have the authority toenter and freely move about all property subject to this order atall reasonable times for the purposes of, inter alia, inspectingrecords, operating logs, and contracts related to the Site;reviewing the progress of the Respondents in carrying out theterms of this Order; conducting such tests and taking suchsamples as EPA deems .necessary; using a camera, sound recording,or other documentary type equipment; and verifying the datasubmitted to EPA by the Respondents. In addition, EPA and itsemployee*, agents, consultants, contractors, and other authorizedrepresentatives shall have authority to enter, at all reasonabletimes, all areas in which records related to the performance ofthe Work required by this Order are retained. The Respondents

*

shall permit such persons to inspect and copy all records, files,photographs, documents, and other writings, including all ,sampling and monitoring data, in any way pertaining to work

AROOOI50

0*...w«fl,

Dome/ /toad la/xfflfl Site (OU2) ; • •EPA Docket No. IH.92.27JXJ________________|__________________5,

undertaken pursuant to this Order. Nothing herein shall beinterpreted as limiting the inspection or information gatheringauthorities of .EPA under Federal law.

• •

D. Notwithstanding any provision of this Order, EPA retainsall access authorities and rights under. CERCLA and any otherapplicable .statute and. regulation. .. . ...

-XXV. SAMPLIKO AND DATA/DOCUMENT AVAILABILITY

A. Respondents shall notify. EPA J.n writing; not lesa thanfourteen (14) days, in advance of- any. sample, collection activityto be undertaken pursuant to..this-Order*»- -:-'-->-5 nc . ..

B.. l, . Subject: to ihe, provisions, contained in SectionXIV.B.2 of this. Order, EPA and its authorized, representativesshall have full access to all information; maintained or created

by, or on behalf of, Respondents in. connection-with activitiesconducted pursuant to this Order includingr but not limited to,contractual documents, sampling data„. and..field notes. All suchinformation requested by EFA and maintained- by Respondents and/orRespondents' contractors, agents, or. assigns (and .whereappropriate, information required by Section XIV.B 2 of this,Order), shall be made available to EPA or its. authorizedrepresentatives within thirty (30) days of receipt of any such

request.

2. Respondents' obligation to disclose informationrequested by EPA pursuant to Section XIV.B.I of this Order issubject to the applicable privileges recognized by Federal courtsunder Federal law, provided that no sample results or analytical

A R O O O I 5 I

Dorney Road Landfill Sft9 fOlc;EPA Docket NO. llt.92-27.DC _

data shall be claimed as privileged. Where a claim of privilegeis invoked as to information, Respondents shall identify suchinformation and state the basis of any privilege claimed, in the

•

event Respondents withhold a document as privileged. Respondentsshall provide EPA with the date, title, author, andaddressee/recipient of the document; a description of thecontents of the document; and the identity and basis of eachprivilege asserted.

C. Upon reasonable notice, Respondents and/or theircontractors or subcontractors shall make themselves available for

such meetings, conferences, and/or inspections with EPA, or itsrepresentatives, as may be necessary for EPA to oversee theperformance of Work required by this Order.

D. At the request of EPA, Respondents shall provide EPA orits authorized representatives with split or '.uplicate samples ofany material sampled in connection with the implementation ofthis Order and/ or shall permit EPA or its authorizedrepresentatives to take such split or duplicate samples of anysamples taken. .

S. The? Respondents may assert a claim of businessconfidentiality covering part or all of the information or

*

documentation requested by or provided under this Order in themanner described in 40 C.F.R. S 2.203(b). Such an assertionshall be substantiated in accordance with 40 C.F.R. § 2.204 (e) (4)at the time the assertion is made. Information subject to such aclaim will be. handled in accordance with the procedures set forth

AROOOI52

Domey Road Landfin Site (QU2) . '**-,EPA Docket No. OT4tt.27.OC_________________________;_________________53

in 40 C.F.R. Part 2, Subpart B. If no claim of business

confidentiality accompanies the information or documentation whenit is submitted or made available to EPA, it may be madeavailable to the public by EPA without further notice to

Respondents. Respondents shall not assert confidentiality claimswith respect to any data related to Site conditions, sampling,analytical or monitoring data.

F. Respondents shall maintain for the period during which

this Order is in effect, an index of documents that Respondents

claim as confidential business information. The index shall

contain, for each document, the date, author, addressee and

subject of the document. Upon written request from EPA,Respondents shall submit a copy of the index to EPA.

6. Respondents shall cooperate with EPA to ensure that alldata generated as part of Work to be performed under this Orderis maintained in a computerized system that is compatible withEPA's Personal Computer Data Management System. The means of

storing and manipulating data generated as part of Work to beperformed under this Order shall be described, in a DataManagement Plan, as a component of the Sampling and AnalysisPlan. Upon request from EPA, Respondents' computerized data

bases pertaining to the work shall be provided to EPA.XV. OOXLITY ASSURANCE

A; Respondents shall use the quality assurance and quality

control (QA/QC) procedures, including chain of custodyprocedures, described in the "EPA NEIC Policies and Procedures

AR000153

Domey Road Landaa Slt9 (OU2)EPA Docket NO. lll.92.27JX*_____________________________________ 57

Manual,* May 1979, revised May 1936, EPA Document Number 330/9-73-001-R; EPA's "Guidelines and Specifications for PreparingQuality Assurance Program Documentation,1* June 1, 1937;

- " *

"Preparing Perfect Project Plans1*, October 1939, (EPA/600/9-39/037); EPA's "Data Quality Objectives for Remedial ResponseActivities,1* March 1937, (EPA/340/G37/003 and 004); and anyamendments to these documents, while conducting all samplecollection and analysis activities required herein by this Order.

B. In order to provide quality assurance and maintainquality control regarding all samples collected pursuant to thisOrder, Respondents shall at a minimum r . . -

• 1. Use only laboratories that have a documentedQuality Assurance Program that complies with EPA guidancedocument QAMS-005/30.

2. Ensure that the laboratory (ias) the Respondentsuse for analysis performs the analyses according to a method ormethods deemed satisfactory to EPA and submits all protocols tobe used for analyses to EPA at least twenty-one (21) days beforebeginning analysis.

3. Ensure that EPA personnel and EPA's authorizedrepresentatives are allowed reasonable access to the

• " . • "

laboratory (ies), records and personnel utilized by theRespondents for analysis of samples collected pursuant to thisOrder.

4. Prepare a Sampling and Analysis Plan for thesample collection and analyses to be conducted pursuant to this

AROOOI5I*

Dorney Road Landfill Site (OU2) (nea'EPA Docket No. Hf.92.27JX>______________________j__________________J8

Order. Respondents shall submit the Sampling and Analysis Planto the EPA RPM for review and approval prior to initiating anyfield investigation. The purpose of the plan is to present, in.

detail, the policy, organization, functional activities, qualityassurance and quality control protocols necessary to achieve dataquality objectives to be.set forth in the.RD and RA Work Plans

and the sampling protocols and procedures to be used, and thetypes, locations and freguency.of samples, to be:taken as a partof the RD/RA.. .The guidances, referenced in. Section XV.A. above,shall be used as guidance in-, the preparation of the Sampling andAnalysis Plan? additional guidance- may be provided, by EPA as .

•

requested. --.-,--. .-5 •.-•.- - - . , ...i. .-.-.:.• ---^.-^:.i

5.. _Submit, as part of the Sampling,and Analysis Plan,

a Quality Assurance.-. Proj.ect Plan ("QAPJP") for-, the. samplecollection, transportation analysis, and. reporting to be .conducted during the ..Design Phase,- Respondents also shall submit

subsequent QAEjPs, as?appropriate for the, RA and.OtH, phases,pursuant to this Order* i These subsequent QAPjPs will.besubmitted to the EPA RPM for, review and approval prior toinitiating any field investigations to. be. described in therespective QAPjP and in accordance with the schedule to beincluded in the RD and RA Work Plans. The purpose of the QAPjPis to present, in detail, the data quality objectives, sample

collection procedures, and data analysis processes and theprocedures to ensure that data quality objectives are met.

6. Ensure, except where otherwise specified in the RD

4ROOOI55

DomeyRoadLandaaSK9(OU2) .EPA Docket NO. IIU2.27JX! ________,________________________,

and RA Work Plans and subsequent EPA-approved plans to be

prepared as part of this Order, that laboratory(ies) analyzingsamples required by this Order shall use the methods described

_ • •

by, and submit deliverables delineated in, the current "Statementof Work of the EPA Contract Lab Program" ("CLP"). Allconstituents and physical parameters to be analyzed for which CLPmethods will not be used will be described in detail in theappropriate QAPjP and approved by the EPA RPM prior to conductingof the sampling and analysis to be described in the respectiveQAPjP.

7. Ensure that any laboratory(ies) analyzing samplespursuant to this Order demonstrate its capability to performanalyses throughout RD/RA in compliance with CLP requirementsthrough the periodic analysis of Performance Evaluation ("PE")samples. Analysis of PS samples may be waived by EPA if the

laboratory has satisfactorily analyzed PS samples submitted byEPA or PADER within the past six months» Documentation of suchPE sample analyses are to be submitted to the-EPA RPM forverification in accordance with the schedule to be included inthe wor)c Plan.

3. Conduct, in accordance with the QAPjP, anappropriate number of audits of the laboratory (ies) that willanalyze samples from the Site at a frequency to be specified inthe QAPjp during the time the laboratory (ies) is conductinganalyses. The audits will be conducted to verify analytical

• • • • . : ' .capability. Audit reports must be submitted to the EPA RPM

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Domey Road Landfill Site (QU2)EPA Docket NO. IIM2.27JX* _______________^i_________________60

within fifteen (15) days of .completion of each audit.

Respondents must report deficiencies, including all those whichadversely impact data quality, reliability or accuracy, and take

•

corrective action within two (2) days of the time the Respondentsknew or should have known of the deficiency. Laboratories whichare CLP Laboratories need not be audited if the CLP procedures

are employed by Respondents.

9. Conduct, in accordance with the QAPjP, anappropriate number of field audits during- RD/RA to verify that

sampling is being performed in accordance with the Sampling and

Analysis Plan. Respondents shall submit a report of the fieldaudit to the EPA RPM within fifteen (15) days of completion of

the audit. Respondents must report serious deficiencies inimplementation of the Sampling "and Analysis -plan and proposecorrective action within twenty-four (24) hours of the time theRespondents 'or any contractor or subcontractor discovers any

deficiency. Respondents1 shall take'immediate action to correctany deficiency. " - - -.-.._-•-

10. Provide data validation of analyses performed bythe laboratory(ies) in accordance with the "Functional Guidelinesfor Data Review11 for data derived by CLP methods, or if anothermethod is used, the data validation shall be performed inaccordance with the QA/QC data validation criteria set forth inthat method. For methods lacking QA/QC data validationprotocols, Respondents must establish validation criteria such asthose in Section 8 of the EPA Series Methods in 40 C.F.R. S 136.

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Domoy Road Landfill Sfo (OU2)EPA Docket NO. m.92.27JX*

The appropriate quality assurance data validation summary reportsshall be submitted, along with sample data and summary sheets, tothe EPA RPM in accordance with reporting requirements to bedescribed in the RD and RA Work Plans, Remedial Design, and O&MPlan.

11. Unless otherwise directed by the EPA RPM,Respondents shall notify EPA not less than fourteen (14) days inadvance of any sample collection activity. At the request ofEPA, Respondents shall allow split or duplicate samples to betaken by EPA or its authorized representatives, of any samplescollected by Respondents with regard to the Site or pursuant tothe implementation of this Order. In addition, EPA shall have

^the right to take any additional samples that EPA deems .necessary.

12. Notwithstanding any provision of this Order, theUnited States retains all of its information gathering,inspection and enforcement authorities and rights under CERCLA,Resource Conversation and Recovery Act- ("RCRA") as amended, 42U.S.C. SS 6901-6939b, and any other applicable statutes orregulations.

XVX. RECORD PRHflBRVATION

A. Respondents shall preserve, during the pendency of thisOrder and for a minimum of six (6) years after its termination,all records and documents in their possession that relate in anyway to implementation of this Order, despite any documentretention policy to the contrary.

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Domey Road Landfill Sfo (OU2) t?:EPA Docket No. Hf.92.27JV* _________________________________________g,

B. Respondents shall use their best efforts to obtain

copies of all documents relating in any way to the Site and whichare in the possession of their employees, agents, accountants,

•

contractors, or attorneys. After expiration of the six (6) yeardocument retention period, Respondents shall notify EPA at leastthirty (30) days prior to the destruction of any documentsrelating to this Order. Upon request by EPA and subject to

Sections XXV.B. and XXV.E. of this Order, Respondents shall make

available to EPA such records or copies of any such records.C. Respondents shall ensure that any agreement between

Respondents and any agent, contractor, consultant, or otherperson retained to perform or oversee Work pursuant to this Ordershall explicitly require said agent, contractor, consultant, orother person to maintain and preserve, during the pendency ofthis Order and for a minimum of six (6) years after terminationof this Order, all data, records, and documents within theirrespective possession or control which relate in any way to thisOrder or to hazardous substances management and disposal at theSite.

D. Respondents shall not destroy any records relating tothis Order until notified by EFA, in accordance with thisSection, that EPA has waived its right to obtain such recordsfrom Respondents.

XVII. DELAY IN PERFORMANCE

A. Any delay in performance of this Order that, in EPA'sjudgment, is not properly justified by Respondents under the

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Domey Road Landfill Sfo (CU2)EPA Docket NO. tn.92.27JX_______________________;______________ 53 V_>

terms of this Section shall be considered a violation of thisOrder. Any delay in performance of this Order shall not affectRespondents^ obligations to perform fully all obligations under

" •

the terms and conditions of this Order.B. Respondents shall notify EPA of any delay or

anticipated delay in performing any requirement of this Order.Such notification shall be made orally to EPA's RPM within forty-eight (43) hours after Respondents first knew or should have •known that a delay might occur. Respondents shall adopt allreasonable measures to avoid or minimize any such delay, within

five (5) business days after notifying EPA by telephone,Respondents shall provide written notification that fullydescribes the nature of the delay, the measures taken and those ^planned to minimize the delay, and a schedule for implementingthe measures that will be taken to mitigate the effect of thedelay. Increased costs or expenses associated withimplementation of the activities called for in this Order are notjustification for any delay in performance.

X7XXX. HKTORCgHgMT AND RgflgRVATIONfl OF RIGHTS

A. EPA reserves all rights, claims, interests, and defensesit has under CERCLA or any other lav or in equity.

B. Nothing herein shall be construed to prevent EPA fromseeking legal or equitable relief to enforce the terms of thisOrder, to seek injunctive relief, or to seek, the imposition ofstatutory penalties.

C.. This Order concerns the second of two operable units

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Dorney Road Landfill Site (OU2)EPA Docket NO. III42.27JX*_

planned to address contamination.at the Site. EPA reserves allrights, including the right, to institute legal action against theRespondents, in.connection with the performance of any responseactions not addressed by this Order.

D. EPA reserves the right to disapprove of Work performedby Respondents pursuant to this Order, to require thatRespondentscorrectand/or re-perform any and all Workdisapproved by EPA, and to require that Respondents performresponse actions.-in addition to those required by this Order.

, -. E. EPA reserves the. right to take enforcement actions,including actions for monetary penalties, for any violation oflaw, regulation, or of this Order. Failure to comply with thisOrder subjects Respondents to the assessment of civil penalties

of up to $25,000 per day and/or punitive damages in an amount upto three times the amount, of any costs incurred by the UnitedStates as a result of such failure pursuant to Sections 106(b)and 107 (c) of CERCLA, 42 U.S.C. SS 9606(b) and 9607(c). EPA may

also-undertake otheractions,- as- it: maydeem necessary or•: -.«>...-.•.".-.„..•.,:-.;'-..-?''v -;- •;„:;. •.".-. - -•:*•-<•,•" ;--.-•- - ..- .•=-/.—• •* -..:•-••*.":• i; ;•• - -X-:- -.- •.•-,-•.•**»-•-,;::••-..•••••.-•• .-•••• •- • •- . -.-•.•^•-..•.-•;-,_,„,•;--•*.-..•-appropriate for any purpose: including, but- not-limited to,actions pursuant to Sections 104 and/or 106 of CERCLA, 42 U.S.C.

• * - , . " . - ' " » . - - " ' - " " " ^ •• * ' • " •" - "~ '

SS 9604 and/or 9606. -. _ , .F. EPA reserves the right to undertake removal and/or

remedial actions,, including all actions required by this Order,at any time such actions are appropriate .under CERCLA and theNCP, and to seek reimbursement from Respondents for any costs

incurred. .

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ORIGINALDomey Road Landfia ita (0112)EPA Docket NO. in.92.27JX!

6. EPA reserves the right to bring an action againstRespondents pursuant to Section 107 of CERCLA, 42 U.S.C. § 9607,for recovery of all response costs incurred by the united Statesin connection with this Order and not reimbursed by Respondents,as well as any other costs incurred by the United States inconnection with response actions conducted pursuant to CERCLA atthe Site. This reservation shall include but not be limited topast costs, direct costs, indirect costs, the costs of oversight,the costs of analyzing the cost documentation to supportoversight cost demand, as well as accrued interest as provided inSection 107 (a) of CERCLA, 42 U.S.C. S 9607 (a) t

XIX. COMMUNITY RBLATIONfl

As requested by EPA, Respondents shall, participate in thepreparation of all appropriate information disseminated to thepublic and in public meetings which may be held or sponsored byEPA to explain activities at or concerning the Site (OU2) .

J- PROVISIONS'

A. Nothing in this order shall constitute or be construedas a release from any claim, cause of action, or demand in lav or

*equity against any person, firm, partnership, or corporation notbound by this Order for any liability it may have arising out ofor relating in any way to the generation, storage, treatment,handling, transportation, release, or disposal of any hazardous

. . . . ' • • . . . .

substances, hazardous wastes, pollutants, or contaminants found

at, taken to, or taken from the Site.B. This Order does not constitute any decision on pre-

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Oomey Road LandOtt Sfa (OU2)EPA Docket NO. 1042.27JV*.

authorization of funds under Section ill(a)(2) of CERCLA,42 U.S.C. S 9611(a)(2). ?••"- "'••

C. Neither EPA nor the United states, by issuance of this*Order; assumes any liability for any acts or omissions byRespondents, or Respondents' employees, agents, contractors, orconsultants engaged to carry out any action or activity pursuantto this Order, nor shall EPA"or the United States be held as aparty to any contract entered into by Respondents' Respondents'employees, agents, contractors, or* consultants engaged to carryout the requirements of this Orderv" ' T ' - " : , -^ ".

D. Nothing herein shall constitute or be construed as arelease from liability of Respondents or any other person."•"'.' XXX. EypgCMVH PATH AND OPPORTUNITY TO CONTER

A.. Not later than twenty-five (25) days from.the date ofissuance of this Order, Respondents may'confer with EPA todiscuss'the scope and applicability of this Order, the findings .upon^whic^tiiia Order- is basedi the appj jTa•}br"'"a,cti.vjL ii£-directly relevant; to issuance of is Ord ; such la conferenceis not, and shall not be deemed to be,- an adversarial hearing orpart of a proceeding to challenge this OrderY and no officialstenographic record of such'proceeding shall be kept. Any

request for a conference within the prescribed time frame shall

be'made tot ' '"' •"•-'• '•--. ' .'-•/•• " ' '"''•• ' '" "• " ;'"Pamela J. LazosAssistant Regional CounselU.S. Environmental Protection Agency

7 AROOOI63

Dorney Road LandaaSK9(OU2)EPA Docket NO. IIL92.27JX*_________ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ; *7

341 Chestnut Building (3RC22)Philadelphia, Pennsylvania 19107(215) 597-3504

3. This Order is deemed "issued" on the date it is signedby the Regional Administrator of EPA Region III. This Order

shall become effective thirty (30) days following the date onwhich it is issued.

XXIX. NOTICB py INTHIPP TO COMPLY

A. Respondents shall provide, not later than five (5) daysafter the effective date of this Order, written-notice to EPA'sRPM stating whether they will comply with the terms of this

Order. If Respondents do"not unequivocally-and unqualifiedlycommit to perform the RD and RA as "provided by this Order, theyshall be deemed to have violated this Order and to have failed orrefused to comply with this Order. Respondents shall describe,

using facts that exist on or prior to the effective date of thisOrder, any "sufficient cause" defenses asserted by Respondentsunder Sections 106(b) and 107(o) (3) of CERCLA, 42 U.S.C.

SS 9606(b) and 9607(0) (3). The absence of a response by EPA to

the notice required by this Section shall not be deemed to beacceptance of Respondents' assertions nor as a position taken by

the Agency with regard to those assertions.3. Failure by any Respondent to provide such notice shall

be a violation of this Order and deemed to be a decision by suchRespondent not to comply with the terms of this Order. Saidfailure to comply may trigger an agency decision to file ajudicial action or to initiate a Superfund response action at the

AR00016U

Dorney Road LandfittSlt9(OU2)EPA Docket No IIUX.27JX?

Site. '. 'Y. ; ; • ; • ; : • . . - • . " - . . -'-.- .'.-. -• -."'""...,-."• -- >,. .,.- . .- .; .- • -

XXIII. CERTIFICATION OP COMPLETION AND TERMINATION

A. within ninety (90) days after Respondents conclude that. • " . ' ' . ' * • ... - - • . t . • • ^ v

the RA has been fully performed and the remedial. objectivesproposed in the ROD- have been, attained,, they shall so notify EPA.Respondents shall conduct. a pre-certif ication . inspection to-be

attended by the EPA- RPHr- a Registered; Professional. Engineer andRespondents' Project Coordinator,, ta be followed by a writtenreport, submitted- by- the Respondents --"to EPA, within thirty (30)days of .the pre-certif ication inspection. This report shallcertify, that, the RA has been completed in full satisfaction of

' . . ' ' - ' - • • " . " ' " " ^ ' . " * • 'the requirements of this Order. If , after completion of the pro-certification inspection and receipt and review of the written

' . • - -''•'• " -,*'" ;"" •-''"•• -'"; - - "' '•-''.•report, EPA determines that the RA or any portion thereof has notbeen completed in accordance with this Order, EPA shall notifyRespondents in. writ ing of the activities- that: must be- undertaken

. ...i !- "i' "• * '--• T ~ : ' ' - * *" "^ - "* - -• " , -* - " -' *• ?"* *"_!".•:" .. ' ' ' ' " * • ' • > -

to.", comp.l(Bt 'toe Rl! aj!id; shall; jet or itAe noJfci :^ ""- ; ' r • • • - • - • " • • " • • - - 3 - " ' ' • • " ' - • " """~

, . . . .. .; - perf ormjalt activities described-in the notice ,ln accordance withthe- specifications and schedules established? therein - . If EFAconcludes, following the initial or any subsequent notificationof completion by Respondents that the RA has been-fully performedin accordance with this Order, EPA shall so certify in writing toRespondents., This certification shall constitute.the

certification of completion of the RA for purposes of this Order.This certification, however, shall not limit EPA's right to

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Domey Road LandOa Sfte (QU2)EPA Docket NO. IIL92.27JX*______________________________ 59-

perform periodic reviews pursuant to Section 121(c) of CERCLA, 42U.S.C. S 9621(c).

3. Within 'ninety (90) days after Respondents conclude thatall phases of the Work have been fully performed, that allremedial objectives proposed in the ROD and/or revised by EPA inthe Periodic Review discussed in Section XI of this Order and

performance standards set forth in the ROD and to be set forth inthe Remedial Design have been attained, and that O&M activitieshave been completed, Respondents shall so notify EPA's RPM bysubmitting a written report by a Registered Professional Engineercertifying that the Work has been completed in full satisfactionof the requirements of this Order. EPA will require suchadditional activities as may be necessary to complete the Work orEPA will issue written certification that the Work has beencompleted, as appropriate, in accordance with the procedures setforth in Section XXIII.A. for certification of completion of theRA. EPA's notification shall not limit EPA's right to performperiodic reviews or to take or require any action that in thejudgment of EPA is appropriate at the Site in accordance withsections 104 and/or 106 of CERCLA, 42 U.S.C. SS 9604 and/or 9606.

c. The written report provided to EPA pursuant to SectionXXIII.B. of this Order shall be accompanied by a sworncertification from the President, Vice President, Secretary, orTreasurer of each Respondent, which certification- shall be in thefollowing form*

"Except as provided below, I certify that the

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Dorney Road Landfill Site (OU2) . '.- ("** iEPA Docket NO. ttf.92.27JX* _______ • '. - /V T'. y. v;.s/ :• 7O

information contained in or accompanying this [type ofsubmission] is true, accurate, and complete.

As to [the/those) portion(s) of this [type ofsubmission! for which I cannot personally verify [its/their]

• accuracy, I certify under the penalty of law that this [typeof submission} and all attachments were prepared under mydirection or supervision in accordance with a systemdesigned to assure that qualified personnel properly gatherand evaluate the information 'submitted. Based on my.inquiry

.~£ of the person or persons who manage the system, or thosepersons directly responsible for gathering the information,the information submitted is, to the best of my knowledgeand belief, true, accurate, and completes I am aware thatthere are significant penalties for: submitting false *information, including the possibility of_fine and-.;imprisonment: forknowing violationsvx ,-; -.:*: -;> :; ••-••-

Signature!

Namet? "____Title:

D. If EPA determines that all activities have been fullyperformed in accordance with this Order, EPA will so notify theRespondents. In the event EPA determines that activities have

... •- ? ' not ;been\ fully perfbrmedfin accordance with the requirements'J_:; S ;

achieve compliance with this Order, together with a schedule for

completing such actions. ..- '.".' "' XXIV. ADMINIflTRATIVg RECORD " ,

The Administrative Record compiled in support of. this Order

may be reviewed at the EPA Region III off ices by contacting theEPA'RPM." '.---• ' . """ ";~'''":-.~S::l::.::-.,'•-;u • : •

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' Dorney Road Landoa Site (OU2)EPA Docket NO. Ilt.92.27JX*

XX7. THB ONITBD STATES NO*_____

The United States, by issuance of this Order, assumes noliability for any injuries or damages to persons or propertyresulting from acts or omissions by Respondents, or theirdirectors, officers, employees, agents, representatives,successors, assigns, contractors, or consultants in carrying outany action or activity pursuant to this Order. Neither EPA northe United States may be deemed to be a party to any contractentered into by Respondents or their directors, officers,employees, agents, successors, assigns, contractors, or

consultants in carrying out any action or activity pursuant tothis Order.

XX7X. MODIFICATIONS

A. Except as otherwise provided in Section XXVI.3. of thisOrder, the provisions of this Order may be modified at any time,in writing, solely by the EPA Region III Regional Administrator.

3. Modification to any document submitted to, and approved

or accepted by EPA pursuant to this Order may be made in writingby EPA. The effective date of such modifications shall be thedate on which the Respondents receive notice of suchmodification.IT IS SO

EDWIN B. ERICXSON DATSRegional AdministratorU.S.Environmental Protection Agency ,_/Region III

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