statement of work for the remedial design and …

STATEMENT OF WORK

FOR THE REMEDIAL DESIGN AND REMEDIAL ACTION

NORTH SANITARY LANDFILL (VALLEYCREST) SUPERFUND SITE

Dayton, Montgomery County, State of Ohio

EPA Region 5

Case: 3:18-cv-00054-TMR Doc #: 2-3 Filed: 02/27/18 Page: 1 of 48 PAGEID #: 281

Table of Contents

1. INTRODUCTION ......................................................................................................................1

2. COMMUNITY INVOLVEMENT .. ..........................................................................................6

3. REMEDIAL DESIGN .. .............................................................................................................6

4. REMEDIAL ACTION .. ...........................................................................................................11

5. REPORTING ...........................................................................................................................16

6. DELIVERABLES ....................................................................................................................17

7. SCHEDULES ..........................................................................................................................24

8. STATE PARTICIPATION ......................................................................................................27

9. REFERENCES .. .....................................................................................................................27

EXHIBITS

1. Potential Exceedances of Toxicity Characteristic Standards for RCRA Hazardous Waste

2. Disposal Area 3 Waste Material Descriptions

3. Areas and Volumes of Waste, NAPL, and Leachate & Off-Property Buried Waste Area

4. Waste Boundary Delineation Area

5. Proposed Cap Area & Existing Borrow Area

6. Proposed Landfill Gas Collection System Concept

7. Proposed Leachate-Extraction System Concept

8. Total PCBs Exceeding 50 Parts Per Million


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1. INTRODUCTION

1.1 Purpose of the SOW. This Statement of Work (SOW) sets forth the procedures and requirements for implementing the Work.

1.2 Structure of the SOW. Section 2 (Community Involvement) sets forth EPA’s

and Settling Work Parties’ responsibilities for community involvement. Section 3 (Remedial Design) sets forth the process for developing the Remedial Design (“RD”), which includes the submissions of specified primary deliverables. Section 4 (Remedial Action) sets forth requirements regarding the completion of the Remedial Action (or “RA”), including primary deliverables related to completion of the RA. Section 5 (Reporting) sets forth Settling Work Parties’ reporting obligations. Section 6 (Deliverables) describes the content of the supporting deliverables and the general requirements regarding Settling Work Parties’ submission of the deliverables, as well as EPA’s review of, approval of, comment on, and/or modification of the deliverables. Section 7 (Schedules) sets forth the schedule for submitting the primary deliverables and sets forth the schedule of milestones regarding the completion of the RA. Section 8 (State Participation) addresses State participation, and Section 9 (References) provides a list of references, including web addresses.

The terms used in this SOW that are defined in CERCLA, in regulations promulgated under CERCLA, or in the Consent Decree (“CD”), have the meanings assigned to them in CERCLA, in such regulations, or in the CD, except that the term “Paragraph” means a paragraph of the SOW, unless otherwise stated.

1.3 Scope of the Remedy. Settling Work Parties shall complete the actions described

in Section 12.2 of the Record of Decision (“ROD”) for the Valleycrest/North Sanitary Landfill Superfund Site (“Site”) in Dayton in accordance with this SOW and in all plans approved or modified by EPA in accordance with this SOW and the Consent Decree, and shall achieve the performance standards set forth in Section 8.1 (Remedial Action Objectives) and 8.2 (Groundwater) of the ROD. Tasks included within the Scope of the Remedy include the following:

a. Task 1: Excavation, Treatment, and Disposal of Contaminated Soils and Other

Materials:

In advance of the final capping activities described in Paragraph 1.3b (Task 2) below, Settling Work Parties shall undertake the following actions to address contaminated soils and other materials at the Site.

(1) Actions to Address TCE-contaminated Soil and other Materials

Settling Work Parties shall design and implement remedial actions to address trichloroethylene (“TCE”) contamination in soils and other materials at the Site. Specifically, with respect to five locations in former disposal area 1 (sample locations FLUT-70, -99, -102, -106, and HSAVAS-22) shown on the drawing at


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Exhibit 1, Settling Work Parties shall design and implement either of the following actions with respect to each sample location:

A. Settling Work Parties shall conduct confirmatory sampling at the sample location to identify soils and other materials, if any, above the water table where the TCE concentrations equal or exceed the toxicity characteristics of RCRA hazardous waste as determined through the Toxicity Characteristic Leaching Procedure (“TCLP”), which is set forth at 40 C.F.R. Part 261.24. Based upon the results of the sampling, Settling Work Parties shall conduct in situ treatment of soil and other materials above the water table at the sample location until TCE concentrations are less than the toxicity characteristic standard, as confirmed through verification sampling at the sample location.

B. Alternatively, Settling Work Parties shall conduct in situ treatment of all soils and other materials above the water table at the sample location until all such soils and other materials have a TCE concentration that is less than the toxicity characteristic standard, as confirmed through verification sampling.

For the purposes of this Paragraph 1.3a(1), the phrase “at the sample location” shall mean a 50-foot-by-50-foot sampling grid established at each of the five locations shown on Exhibit 1. In addition, in the event that the Settling Work Parties should discover any locations during the pre-design investigation where TCE concentrations may exceed the toxicity characteristics for RCRA hazardous waste based upon application of the 20-times rule (EPA Publication 530-R-94-005A), the Settling Work Parties shall design and implement either of the above actions with respect to each such location.

(2) Actions to Address Lead and Chromium

Settling Work Parties shall design and implement remedial actions to address lead and chromium contamination in soils and other materials in former disposal area 3, as shown in Exhibit 2. Such actions shall include sampling in former disposal area 3 to delineate the soils and other materials above the water table where the lead or chromium concentrations equal or exceed the toxicity characteristics of RCRA hazardous waste as determined through the TCLP for these metals. All soils and other materials determined to be RCRA hazardous waste shall be excavated and disposed of at a RCRA Subtitle C facility.

In the event that Settling Work Parties believe that such off-site disposal is not cost effective, or if they believe that off-site disposal cannot be implemented, they may submit a plan to EPA for review and approval proposing to replace off-site disposal with an alternative method to address RCRA hazardous waste, which shall include installation of a RCRA Subtitle C landfill cap at former disposal area 3.


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b. Task 2: Consolidation and Capping of Site

Settling Work Parties shall design and implement remedial actions to consolidate and encapsulate hazardous waste that will be left on Site. Such remedial actions shall include the following: (1) Consolidation Settling Work Parties shall relocate soils and materials from former disposal area 4, together with soils and materials from the off-property buried waste area (“OPBWA”) shown on Exhibit 3, and consolidate all such soils and materials with those at former disposal areas 1, 2, 3, and 5, which are shown on Exhibit 4. Settling Work Parties shall conduct sampling of all such soils and materials before consolidation to ensure that they are free of hazardous wastes regulated under RCRA or TSCA. In the event hazardous wastes regulated under RCRA or TSCA are discovered in the soils and other materials removed from either disposal area 4 or the OPBWA, Settling Work Parties shall dispose of all such wastes off-site at an appropriately-licensed disposal facility.

(2) Capping at former disposal areas 1, 2, and 5

Settling Work Parties shall cover disposal areas 1, 2, and 5, as shown on Exhibit 4, with a solid waste composite cap system designed in accordance with the requirements set forth at Ohio Administrative Code (“OAC”) 3745-27-08 and OAC 3745-27-11, except that Settling Work Parties are not required to design a cap system with a grade of at least 5.0 percent.

(3) Capping at former disposal area 3

Settling Work Parties shall cover former disposal area 3 using a solid waste composite cap as specified in Paragraph 1.3b(2) with respect to the cap for former disposal areas 1, 2, and 5. However, such a cap system will not be adequate for former disposal area 3 in the event that, pursuant to Pararagraph 1.3a(2) above, RCRA hazardous waste is left in place within the confines of former disposal area 3. In such an event, Settling Work Parties shall install a RCRA Subtitle C landfill cap over former disposal area 3 in accordance with requirements of the plan approved pursuant to Paragraph 1.3a(2).

(4) Actions to Address Stormwater

Settling Work Parties shall design and implement remedial actions to address stormwater at the Site. Such actions shall include the installation and maintenance of a system for channeling stormwater runoff to the existing borrow area (shown at Exhibit 5) where the stormwater will be retained and allowed to infiltrate into the groundwater system.


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c. Task 3: Actions to Address NAPL, Landfill Gas, and Leachate Contamination, as well as Stormwater

(1) Actions to Address NAPL

Settling Work Parties shall design and implement remedial actions to address non-aqueous phased liquid (“NAPL”) at the Site. Specifically, such remedial actions shall include the recovery of NAPL from the southeastern part of former disposal area 1 (at leachate well NSL-55L) and from the eastern part of former disposal area 5 (at leachate well NSL-54L) using pumping or other appropriate methods. See Exhibit 3. All NAPL recovered shall be disposed off-site.

(2) Actions to Collect, Flare and Monitor Landfill Gas

Settling Work Parties shall design and implement remedial actions to collect, flare, and monitor landfill gas (LFG) at the Site. Specifically, Settling Work Parties shall replace the existing perimeter LFG system in its entirety and install, operate, and maintain a new LFG collection system that is designed in accordance with the proposed concept shown on Exhibit 6. Such a system shall include LFG extraction wells installed within waste in former disposal areas 1, 2, 3 and 5 and shall prevent the migration of LFG with methane concentrations above the lower explosive limit (“LEL”) beyond the property boundary, as shown on Figure 4.4 of the ROD.

(3) Actions to Collect and Dispose of Leachate

Settling Work Parties shall design and implement remedial actions to collect and dispose of leachate at the Site. Such remedial actions shall include the following:

A. Settling Work Parties shall design, install, operate, and maintain a leachate extraction system. The extraction wells shall be screened across the entire saturated thickness of waste and shall prevent leachate and shallow groundwater with concentrations of contaminants greater than the maximum contaminant levels (MCLs) from migrating beyond the point of compliance (“POC”), as shown on Exhibit 7. The exact number and locations of extraction wells and the appropriate pumping rates shall be determined during the Remedial Design and shall take into account any new information about leachate and leachate-contaminated groundwater discovered during the pre-design investigation. Further, in the event that the Settling Work Parties discover during the pre-design investigation that contaminants in deep groundwater exceed the MCLs, the Remedial Design submitted by the Settling Work Parties for review and approval, as provided in Section 3 (Remedial Design) below, shall include a proposed plan to address deep groundwater contamination.


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For the purpose of this Paragraph 1.3c(3), the term “contaminants” shall refer to those contaminants listed in Table 4 of the ROD. With respect to each such contaminant, Settling Work Parties shall apply the off-site groundwater criteria listed in Table 4.

B. After construction of the leachate extraction system and achievement of the performance standards set forth in Paragraph 8.1.6 (Groundwater) of the ROD have been achieved, Settling Work Parties shall design and implement a study to assess the cumulative risks posed by the mixture of contaminants migrating beyond the POC in accordance with Section 8.2 of the ROD. As specified in the ROD, the mixture of contaminants migrating beyond the POC shall not pose a cumulative carcinogenic risk equal to or greater than 10-5 or a hazard index of 1.

C. Settling Work Parties shall design and implement a system for discharging all liquids collected by the leachate extraction system through the City of Dayton sanitary sewer systems for the purpose of treating such liquids at the City’s publicly owned treatment works (“POTW”). Settling Work Parties shall comply with the City of Dayton Code of Ordinances Chapter 52 (Sewer Construction and Use; Wastewater Discharges) with respect to all such discharges, including all requirements (if any) to construct, operate and maintain a pretreatment system at the Site. In the event that the Settling Work Parties cannot dispose of such liquids through the City of Dayton sanitary sewer system, Settling Work Parties shall design and implement an alternative method for treatment and disposal, which may include the construction, operation, and maintenance of an on-site pretreatment system and discharge to an on-site infiltration impoundment or gallery, or, alternatively, the transportation of all extracted liquids to an off-property commercial facility for treatment and disposal.

d. Task 4: Institutional Controls, Groundwater Monitoring, and Post-Construction O&M

(1) Access and Proprietary Controls

Settling Work Parties shall prepare and implement plans and other measures to comply with its obligations under Section VIII (Property Requirements) of the Consent Decree.

(2) Operation and Maintenance

Settling Work Parties shall develop and implement operation and maintenance (“O&M”) manuals for all remedial measures implemented at the Site. Specifically, Settling Work Parties shall develop and implement O&M manuals for the (i) landfill cap systems, (ii) the LFG system, (iii) the leachate collection,


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treatment, and disposal systems, (iv) the stormwater collection, retention, and infiltration system, and (v) NAPL collection and removal.

(3) Groundwater Monitoring

Settling Work Parties shall design and implement a plan for groundwater monitoring at and near the Site. Specifically, Settling Work Parties shall install, monitor, and maintain wells for the purpose of determining whether contaminated groundwater has migrated beyond the POC.

2. COMMUNITY INVOLVEMENT RESPONSIBILITIES

2.1 EPA has the lead responsibility for developing and implementing community involvement activities at the Site. Previously during the RI/FS and removal phase, EPA developed a Community Involvement Plan (CIP) for the Site. Pursuant to 40 C.F.R. § 300.435(c), EPA shall review the existing CIP and determine whether it should be revised to describe further public involvement activities during the Work that are not already addressed or provided for in the existing 2014 version of the CIP.

2.2 If requested by EPA, Settling Work Parties shall support EPA’s community involvement activities. This may include providing online access to initial submissions and updates of plans, reports or other deliverables to, (i) Technical Assistance Grant recipients and their advisors, and (ii) other entities in order to provide them with a reasonable opportunity for review and comment. EPA may describe in its CIP Settling Work Parties’ responsibilities for community involvement activities. All community involvement activities conducted by Settling Work Parties at EPA’s request are subject to EPA’s oversight.

2.3 If requested by EPA, Settling Work Parties shall, within 15 days, designate and notify EPA of Settling Work Parties’ Community Involvement (CI) Coordinator. Settling Work Parties may hire a contractor for this purpose. Settling Work Parties’ notice must include the name, title, and qualifications of the CI Coordinator. Settling Work Parties’ CI Coordinator is responsible for providing support regarding EPA’s CI activities, including coordinating with EPA’s CI Coordinator regarding responses to the public’s inquiries about the Site.

3. REMEDIAL DESIGN

3.1 Pre-Design Investigation. The Settling Work Parties shall conduct a pre-design investigation (“PDI”) for the purpose of updating existing data to support design and implementation of the ROD.

a. PDI Work Plan. The Settling Work Parties shall prepare and submit a PDI Work Plan (PDIWP) to EPA for approval. The PDIWP must include the following:

(1) An evaluation and summary of existing data and a description of data gaps;

(2) An investigation plan that complies with Paragraph 3.1b below;


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(3) A description of QA/QC procedures;

(4) A schedule for completion of data acquisition, and

(5) A schedule for submission of PDI Evaluation Report.

b. Investigation Plan: The investigation plan shall require the Settling Work Parties to collect all of the data described in this Paragraph 3.1b. Separate and apart from the sampling locations specified in the subparagraphs below, the plan may provide for the collection of waste, soil, and groundwater data from other areas where no current data exists or where data may not accurately reflect current conditions at the Site.

(1) Leachate/Groundwater Sampling. Settling Work Parties must collect at least two rounds of groundwater and leachate data from on-site and off-site well locations sampled during the Remedial Investigation, including wells in the local northeast aquifer, the upper aquifer, and the main aquifer. Settling Work Parties may propose to omit certain wells where the Settling Work Parties believe that the sampling of such would be duplicative, unnecessary or impractical, and EPA agrees to consider such proposals in reviewing and approving the PDIWP. Each round of sampling must be used to assess seasonal variability in concentrations and mass. Analytical parameters for the data shall be consistent with those used during the RI and shall include:

• US EPA’s Target Compound List (TCL) volatile organic compounds (VOCs);

• TCL semi-volatile compounds (SVOCs);

• TCL pesticides, herbicides;

• Target Analyte List (TAL) inorganics, and

• Parameters needed to evaluate natural attenuation.

In addition, with respect to samples collected from wells within the perimeter of the POC, the Settling Work Parties shall apply the analytical parameters relevant to sewer discharge limits, as provided in Chapter 52 of the City of Dayton Code of Ordinances and Table 4.1 of the FS. In the event that the Settling Work Parties believe that the pollutants collected from certain wells will not be representative of the pollutants that shall be collected and discharged to the City of Dayton publicly owned treatment works (“POTW”), the Settling Work Parties may propose to omit such wells from testing for analytical parameters relevant to the City of Dayton sewer discharge limits, and EPA agrees to consider such proposals in reviewing and approving the PDIWP.

(2) Soil Sampling. Settling Work Parties must collect soil data from Areas 1, 2, 3, 4 and the OPBWA, as follows:


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• Area 1 and 2. Soil shall be sampled for TCLP TCE at the sample location for each of the five specific locations and depths where TCE may exceed the TCLP standard, as shown on Exhibit 1. In addition, soil shall be sampled for PCBs at the sample location for each of the four specific locations and depths above the water table where PCBs exceeded 50 ppm, as shown in Exhibit 8 (FLUT-70, -72, -110, and -116).

• Area 3. Soil must be sampled for TCLP lead and chromium at locations identified in the FS Addendum where lead and chromium may exceed the TCLP standard.

• Area 4 and OPBWA. Soil shall be sampled to determine if it contains RCRA hazardous waste. This shall include both lateral and vertical sampling sufficient for statistical characterization for off-site disposal analysis.

For the purposes of this Paragraph 3.1b(2), the phrase “at the sample location” shall mean a 50-foot-by-50-foot sampling grid established at each of the five locations shown on Exhibit 1, as well as mean a 50-foot-by-50-foot sampling grid established at each of the four locations shown on Exhibit 8.

(3) Landfill Gas Sampling. In preparing the PDIWP, the Settling Work Parties shall include, among other things, an evaluation and summary of existing data and data gaps with respect to the design and construction of the final LFG system in accordance with the proposed concept shown on Exhibit 6. To the extent such data gaps exist, the Settling Work Parties shall collect additional LFG data to fill such gaps, including an assessment of vapor intrusion in adjacent properties in accordance with EPA Region 5 guidance (EPA 2015).

(4) NAPL Sampling. In preparing the PDIWP, the Settling Work Parties shall include, among other things, an evaluation and summary of existing data and data gaps to support the final design for the collection and disposal of NAPL pursuant to Section 12.2 of the ROD. To the extent that such data gaps exist, Settling Work Parties must fill such gaps by (i) collecting NAPL data from NSL-54L and NSL-55L, which are shown on Exhibit 3, and (ii) characterizing chemicals in the NAPL.

(5) Stormwater Data. Settling Work Parties must conduct an assessment of stormwater and runoff to support the final stormwater management configuration and design, pursuant to Section 12.2 of the ROD.

c. PDI Evaluation Report: Upon completion of all work required by the EPA-approved PDIWP, the Settling Work Parties shall submit to EPA a PDI Evaluation Report, which shall include the following:

(1) Summary of site investigations performed;


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(2) Summary of investigation results, including an assessment of seasonal variability of contaminants in groundwater and leachate;

(3) Summary of validated data (i.e., tables and graphics);

(4) Data validation reports and laboratory data reports;

(5) Narrative interpretation of data and results, including all historical and current data;

(6) Modeling to assist in the overall evaluation of historical and current groundwater and leachate data in predicting cleanup timeframes;

(7) Copies of field notes and log books;

(8) Photographs documenting the work conducted;

(9) An updated conceptual site model including all site data; and

(10) Conclusions and recommendations for the RD, including design parameters and criteria. EPA may require the Settling Work Parties to supplement the PDI evaluation report and/or perform additional pre-design studies in accordance with Paragraph 13 (Modification of SOW or Related Deliverables) of the Consent Decree.

3.2 Supplemental Investigation: Settling Work Parties may implement voluntary, supplemental work relating to Site conditions and/or issues relating to remedial design not specifically covered herein. Such supplemental work shall be structured so as to not interfere with or delay completion of the Settling Work Parties’ primary obligations and deadlines as specified in the Consent Decree and the SOW. EPA agrees to review and comment promptly on such works generated by the Settling Work Parties and to consider any substantive recommendations made by Settling Work Parties related to the ROD, including any refinements based on information reflective of changed conditions at the Site. Reviews by EPA of plans or other submissions otherwise required by the Consent Decree and the SOW, however, shall take priority over review of supplemental work generated pursuant to this Paragraph 3.2. Based upon the results of the Supplemental Investigation, Settling Work Parties may make a good faith request to alter or extend the schedules in Section 7 of this SOW, and EPA agrees to consider such a good faith request.

3.3 RD Work Plan: Settling Work Parties shall submit an RD Work Plan (RDWP) for EPA approval. The RDWP must include:

a. Plans for implementing all RD activities identified in this SOW, in the RDWP, or required by EPA to be conducted in order to develop the RD;

b. A description of the overall management strategy for performing the RD, including a proposal for phasing of design and construction, if applicable;


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c. A description of the responsibility and authority of all organizations and key personnel involved with the development of the RD;

d. Descriptions of any areas requiring clarification and/or anticipated problems (e.g., data gaps);

e. A description of PDI data, as outlined in the PDI Evaluation Report;

f. A description of any proposed treatability studies, if necessary;

g. A description of applicable permitting requirements, and other regulatory requirements;

h. A description of plans for obtaining access in connection with the Work, such as property acquisition, property leases, and/or easements required for implementation of the remedy; and

i. All supporting deliverables required to accompany the RDWP, as specified in the RD Schedule as set forth in Paragraph 7.2 (RD Schedule).

3.4 Settling Work Parties shall meet regularly with EPA to discuss design issues as

necessary, as directed or determined by EPA. 3.5 Preliminary (30%) RD: Settling Work Parties shall submit a Preliminary (30%) RD for

EPA’s comment. The Preliminary RD must include:

a. A design criteria report, as described in the Remedial Design/Remedial Action Handbook, EPA540/R-95/059 (June 1995);

b. Preliminary drawings and specifications;

c. A description of Settling Work Parties’ proposed RA contracting strategy;

d. Descriptions of permit requirements;

e. Preliminary O&M Manual;

f. A description of how the RA will be implemented in a manner that minimizes environmental impacts in accordance with EPA's Principles for Greener Cleanups (Aug. 2009);

g. Preliminary RA Schedule;

h. A description of monitoring and control measures to protect human health and the environment, such as air monitoring and dust suppression, during the RA; and

i. All supporting deliverables required to accompany the Preliminary RD as specified in the RD Schedule.

3.6 Pre-Final (95%) RD: Settling Work Parties shall submit the Pre-final (95%) RD for EPA’s comment. The Pre-final Design must be a continuation and expansion of the


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previous design submittal and must address EPA’s comments regarding the Preliminary RD. The Pre-final RD will serve as the approved Final (100%) RD if EPA approves the Pre-final RD without comments. The Pre-final RD must include:

a. A complete set of construction drawings and specifications that are: (i) certified by a Professional Engineer registered in the State; (ii) suitable for bid advertisement and procurement; and (iii) follow the Construction Specifications Institute’s Master Format 2012;

b. A survey and engineering drawings showing existing Site features, such as elements, property borders, easements and Site conditions;

c. Pre-Final (95%) versions of the same elements and deliverables as are required for the Preliminary RD;

d. A specification for photographic documentation of the RA;

e. Description of Settling Work Parties’ method for selecting the construction contractor(s); and

f. Supporting deliverables as specified in the RD Schedule.

3.7 Final (100%) RD. Settling Work Parties shall submit the Final (100%) RD for EPA approval. The Final RD must address EPA’s comments on the Pre-final RD and must include final versions of all Pre-final deliverables.

4. REMEDIAL ACTION

4.1 Draft RA Work Plan. Settling Work Parties shall submit a Draft RA Work Plan (RAWP) for EPA review that includes:

a. The identity of, contact information for, and description of the roles of the members of Settling Work Parties’ RA project team, including the Project Coordinator and Supervising Contractor;

b. A proposed RA Construction Schedule;

c. Description of plans for satisfying permitting requirements, including obtaining permits for off-Site disposal activity and for satisfying substantive requirements of permits for on-Site activity;

d. Summary of spill control plan or other plans to eliminate or reduce incidence of emissions during construction, and to minimize the impacts of such potential releases to adjacent environments (e.g., wetlands, surface waters, groundwater); and

e. Supporting deliverables as specified in the RD Schedule.

4.2 Final RA Work Plan. Settling Work Parties shall submit the Final (100%) RAWP for EPA approval. The Final RAWP must address EPA’s comments on the Draft RAWP and must include final versions of all deliverables.


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4.3 Meetings, Inspections and Reports

a. Preconstruction Meeting: Settling Work Parties shall hold a pre-construction meeting with EPA and others as directed or approved by EPA and described in the Remedial Design/Remedial Action Handbook, EPA 540/R-95/059 (June 1995). Settling Work Parties shall prepare minutes of the meeting and shall distribute the minutes to all Parties. The following elements must be addressed at the meeting: methods for documenting and reporting data; methods for distributing and storing documents and reports; methods for assuring health and safety of on-site personnel and area residents; and methods for assuring construction quality.

b. Periodic Meetings: During the construction portion of the RA (RA Construction), Settling Work Parties shall meet regularly with EPA, and others as directed or determined by EPA, to discuss construction issues. Settling Work Parties shall distribute an agenda and list of attendees to all Parties prior to each meeting. Settling Work Parties shall prepare minutes of the meetings and shall distribute the minutes to all Parties.

4.4 Inspections

a. EPA shall conduct periodic inspections of, or have an on-Site presence during, the Work. At EPA’s request, the Supervising Contractor or other designee shall accompany EPA during inspections.

b. Settling Work Parties shall provide on-Site office space for EPA personnel to perform their oversight duties. The minimum office requirements are a private office with at least 150 square feet of floor space, an office desk with chair, a four-drawer file cabinet, and a telephone with a private line, access to facsimile, reproduction, and sanitation facilities.

c. Settling Work Parties shall provide protective equipment needed for EPA personnel and any oversight officials to perform their oversight duties.

d. Upon notification by EPA of any deficiencies in the RA Construction, Settling Work Parties shall take all necessary steps to correct the deficiencies and/or bring the RA Construction into compliance with the approved Final RD, any approved design changes, and/or the approved RAWP. If applicable, Settling Work Parties shall comply with any schedule provided by EPA in its notice of deficiency.

4.5 Emergency Response and Reporting.

a. If any event occurs during performance of the Work that causes or threatens to cause a release of waste material on, at, or from the Site and that either constitutes an emergency situation or that may present an immediate threat to public health or welfare or the environment, Settling Work Parties shall (1) immediately take all appropriate action to prevent, abate, or minimize such release or threat of release; (2) immediately notify the authorized EPA officer (as specified in Paragraph 4.5c) orally; and (3) take such actions in consultation with the authorized EPA officer


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and in accordance with all applicable provisions of the Health and Safety Plan, the Emergency Response Plan, and any other deliverable approved by EPA under the SOW.

b. Release Reporting: Upon the concurrence of any event during performance of the Work that Settling Work Parties are required to report pursuant to Section 103 of CERCLA, 42 U.S.C. § 9603, or Section 304 of the Emergency Planning and Community Right-to-know Act (EPCRA), 42 U.S.C. § 11004, Settling Work Parties shall, immediately notify the authorized EPA officer orally.

c. The “authorized EPA officer” for purposes of immediate oral notifications and consultations under Paragraph 4.5a and Paragraph 4.5b is the lead EPA Project Coordinator, or the EPA Alternate Project Coordinator (if the EPA Project Coordinator is unavailable), Region 5.

d. For any event covered by Paragraph 4.5a and Paragraph 4.5b, Settling Work Parties shall: (1) within 14 days after the onset of such event, submit a report to EPA describing the actions or events that occurred and the measures taken, and to be taken, in response thereto: and (2) within 30 days after the conclusion of such event, submit a report to EPA describing all actions taken in response to such event.

e. The reporting requirements under Paragraph 4.5 are in addition to the reporting required by CERCLA § 103 or EPCRA § 304.

4.6 Off-Site Shipments

a. Settling Work Parties may ship hazardous substances, pollutants and contaminants from the Site to an off-Site facility only if they comply with Section 121(d) (3) of CERCLA, 42 U.S.C. § 9621(d) (3), and 40 C.F.R. § 300.440. Settling Work Parties will be deemed to be in compliance with CERCLA Section 121(d) (3) and 40 C.F.R. § 300.440 regarding a shipment if Settling Work Parties obtain a prior determination from EPA that the proposed receiving facility for such shipment is acceptable under the criteria of 40 C.F.R. § 300.440(b). Settling Work Parties may ship Investigation Derived Waste (IDW) from the Site to an off-Site facility only if Settling Work Parties comply with EPA’s Guide to Management of Investigation Derived Waste, OSWER 9345.3-03FS (Jan. 1992).

b. Settling Work Parties may ship Waste Material from the Site to an out-of-state waste management facility only if, prior to any shipment, they provide notice to the appropriate state environmental official in the receiving facility’s state and to the EPA Project Coordinator. This notice requirement will not apply to any off-Site shipments when the total quantity of all such shipments does not exceed ten cubic yards. The notice must include the following information, if available: (1) the name and location of the receiving facility; (2) the type and quantity of Waste Material to be shipped; (3) the schedule for the shipment; and (4) the method of transportation. Settling Work Parties also shall notify the state


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environmental official referenced above and the EPA Project Coordinator of any major changes in the shipment plan, such as a decision to ship the Waste Material to a different out-of-state facility. Settling Work Parties shall provide the notice after the award of the contract for Remedial Action construction and before the Waste Material is shipped.

4.7 RA Construction Completion

a. For purposes of this Paragraph 4.7, “RA Construction” comprises construction all systems required by the ROD and the performance of all activities necessary for those systems to function properly as designed.

b. Inspection of Constructed Remedy: Settling Work Parties shall schedule an inspection to review the construction and operation of the systems and to review whether such systems are functioning properly and as designed. Settling Work Parties and EPA and/or their representatives must attend the inspection. A re-inspection must be conducted if requested by EPA.

c. Shakedown Period: There shall be a shakedown period of up to one year for EPA to review whether the RA is functioning properly and is performing as designed. Settling Work Parties shall provide such information as EPA requests for such review.

d. RA Construction Report: Following the shakedown period, Settling Work Parties shall submit an “RA Construction Report” requesting EPA’s determination that RA construction has been completed. The RA Construction Report must: (1) include statements by a registered professional engineer and by Settling Work Parties’ Project Coordinator that the Settling Work Parties have completed construction of the systems required by the ROD and that such systems are functioning properly and as designed; (2) include a demonstration, and supporting documentation (with a summary of the documentation), that construction of the systems is complete and that all systems are functioning properly and as designed; (3) include as-built drawings signed and stamped by a professional engineer; (4) be prepared in accordance with Chapter 2 (Remedial Action Completion) of EPA’s Close Out Procedures for NPL Sites guidance (May 2011); and (5) be certified in accordance with Paragraph 6.5 (Certification).

e. If EPA concludes that the RA Construction is not complete, or the RA is not performing as designed, EPA shall so notify Settling Work Parties. EPA’s notice must include a description of, and schedule for, the activities that Settling Work Parties must perform in order to complete the RA Construction. EPA’s notice must include specifications and a schedule for such activities or must require Settling Work Parties to submit specifications and a schedule for EPA approval. Settling Work Parties shall perform all activities described in the notice or in the EPA-approved specifications and schedule.


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f. If EPA concludes, based on the initial or any subsequent RA Construction Report, that RA Construction is complete and the RA is operating as intended, EPA shall so notify the Settling Work Parties.

4.8 Certification of RA Completion

a. The RA is “Complete” for the purposes of the Consent Decree when it has been fully performed and the Performance Standards set forth in Section 8.1 (Remedial Action Objectives) and 8.2 (Groundwater) of the ROD have been achieved.

b. RA Completion Report: In the event that the Settling Work Parties believe that all Performance Standards have been achieved, the Settling Work Parties shall submit a report requesting EPA’s Certification of RA Completion. The report must: (1) include certifications by a registered professional engineer and by Settling Work Parties’ Project Coordinator that the RA is complete; (2) be prepared in accordance with EPA’s Close Out Procedures for NPL Sites guidance (May 2011); (3) contain monitoring data to demonstrate that Performance Standards have been achieved; and (4) be certified in accordance with Paragraph 6.5.

b. If EPA concludes that the RA is not Complete, EPA shall so notify Settling Work Parties. EPA’s notice must include a description of the activities that Settling Work Parties must perform in order to complete the RA. EPA’s notice may include specifications and a schedule for such activities or require Settling Work Parties to submit specifications and a schedule for EPA approval. Settling Work Parties shall perform all activities described in the notice or in the EPA-approved specifications and schedule.

c. If EPA concludes, based on the initial or any subsequent report requesting Certification of RA Completion, that the RA is Complete, EPA shall so certify to Settling Work Parties. This certification will constitute the Certification of RA Completion for purposes of the CD, including Section XVI of the CD (Covenants by Plaintiff). Certification of RA Completion will not affect Settling Work Parties’ remaining obligations under the CD.

4.9 Certification of Work Completion

a. Work Completion Inspection: Settling Work Parties shall schedule an inspection for the purpose of obtaining EPA’s Certification of Work Completion. Settling Work Parties, EPA and their representatives must attend the inspection.

b. Work Completion Report: Following the work completion inspection, Settling Work Parties shall submit a report to EPA requesting EPA’s Certification of Work Completion. The report must: (a) include certifications by a registered professional engineer and by Settling Work Parties’ Project Coordinator that the Work, including all O&M activities, is complete; and (b) be certified in accordance with Paragraph 6.5. If the RA Completion Report submitted under Paragraph 4.8b includes all elements required under this Paragraph 4.9b, then the


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RA Completion Report suffices to satisfy all requirements under this Paragraph 4.9b.

c. If EPA concludes that the Work is not complete, EPA shall so notify Settling Work Parties. EPA’s notice must include a description of the activities that Settling Work Parties must perform in order to complete the Work. EPA’s notice must include specifications and a schedule for such activities or must require Settling Work Parties to submit specifications and a schedule for EPA approval. Settling Work Parties shall perform all activities described in the notice or in the EPA-approved specifications and schedule.

d. If EPA concludes, based on the initial or any subsequent report requesting Certification of Work Completion, that the Work is complete, EPA shall so certify in writing to Settling Work Parties. Issuance of the Certification of Work Completion does not affect the following continuing obligations: (1) activities under the Periodic Review Support Plan; (2) obligations under Sections VIII (Property Requirements), XX (Retention of Records), and XIX (Access to Information) of the CD; (3) Institutional Controls obligations as provided in the ICIAP; and (4) Reimbursement of EPA’s Future Response Costs under Section X (Payment for Response Costs) of the CD.

5. REPORTING

5.1 Progress Reports. Commencing with the month following the Effective Date of the CD and until EPA approves the RA Completion, Settling Work Parties shall submit progress reports to EPA on a monthly basis, or as otherwise agreed to by EPA. The reports must cover all activities that took place during the prior reporting period, including:

a. The actions that have been taken toward achieving compliance with the CD;

b. A summary of all results of sampling, tests, and all other data received or generated by Settling Work Parties;

c. A description of all deliverables that Settling Work Parties submitted to EPA;

d. A description of all activities relating to RA construction that are scheduled for the next six weeks;

e. An updated RA Construction schedule, together with information regarding percentage of completion, delays encountered or anticipated that may affect the future schedule for implementation of the Work, and a description of efforts made to mitigate those delays or anticipated delays;

f. A description of any modifications to the work plans or other schedules that Settling Work Parties have proposed or that have been approved by EPA; and

g. A description of all activities undertaken in support of the Community Involvement Plan (CIP) during the reporting period and those to be undertaken in the next six weeks.


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5.2 Notice of Progress Report Schedule Changes. If the schedule for any activity described in the Monthly Reports, including activities required to be described under Paragraph 5.1d, changes, Settling Work Parties shall notify EPA of such change at least 7 days before performance of the activity.

6. DELIVERABLES

6.1 Applicability. Settling Work Parties shall submit deliverables for EPA approval or for EPA comment as specified in the SOW. If neither is specified, the deliverable does not require EPA’s approval or comment. Paragraphs 6.2 (In Writing) through 6.4 (Technical Specifications) apply to all deliverables. Paragraph 6.5 (Certification) applies to any deliverable that is required to be certified. Paragraph 6.6 (Approval of Deliverables) applies to any deliverable that is required to be submitted for EPA approval.

6.2 In Writing. As provided in Paragraph 99 of the Consent Decree, all deliverables under

this SOW must be in writing unless otherwise specified. 6.3 Deadlines. All deliverables must be submitted by the deadlines in the RD schedule or RA

Schedule, as applicable. All deliverables must be delivered to EPA in the form provided in the RD Schedule or RA Schedule, as applicable. Settling Work Parties shall submit all deliverables in paper or electronic form, as determined by EPA. If any deliverable includes maps, drawings, or other exhibits that are larger than 8.5” by 11,” Settling Work Parties shall provide EPA with paper copies of such exhibits.

6.4 Technical Specifications

a. Sampling and monitoring data should be submitted in standard regional Electronic Data Deliverables (EDD) format, as specified by EPA. Other delivery methods may be allowed if electronic direct submission presents a significant burden or as technology changes.

b. Spatial data, including spatially-referenced data and geospatial data, should be submitted: (1) in the ESRI File Geodatabase format; and (2) as unprojected geographic coordinates in decimal degree format using North American Datum 1983 (NAD83) or World Geodetic System 1984 (WGS84) as the datum. If applicable, submissions should include the collection method(s). Projected coordinates may optionally be included but must be documented. Spatial data should be accompanied by meta data, and such meta data should be compliant with the Federal Geographic Data Committee (FGDC) Content Standard for Digital Geospatial Meta data and its EPA profile, the EPA Geospatial Meta data Technical Specification. An add-on meta editor for ESRI software, the EPA Meta data Editor (EME), complies with these FGDC and EPA meta data requirements and is available at https://edg.epa.gov/EME/.


https://edg.epa.gov/EME/

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c. Each file must include an attribute name for each site unit or sub-unit submitted. Consult http://www.epa.gov/geospatial/policies.html for any further available guidance on attribute identification and naming.

d. Spatial data submitted by the Settling Work Parties does not, and is not intended to, define the boundaries of the Site.

6.5 Certification. All deliverables that require compliance with this Paragraph 6.5 must be signed by the Settling Work Parties Project Coordinator, or other responsible official of Settling Work Parties, and must contain the following statement:

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

6.6 Approval of Deliverables

a. Initial Submissions:

1. After review of any deliverable that is required to be submitted for EPA approval under the CD or the SOW, EPA shall: (i) approve, in whole or in part, the submission; (ii) approve the submission upon specified conditions; (iii) disapprove, in whole or in part, the submission; or (iv) any combination of the foregoing.

2. EPA also may modify the initial submission to cure deficiencies in the submission if: (i) EPA determines that disapproving the submission and awaiting a resubmission would cause substantial disruption to the Work; or (ii) previous submission(s) have been disapproved due to material defects and the deficiencies in the initial submission under consideration indicate a bad faith lack of effort to submit an acceptable plan, report, or deliverable.

b. Resubmissions: Upon receipt of a notice of disapproval under Paragraph 6.6a (Initial Submissions) or if required by a notice of approval upon specified conditions under Paragraph 6.6a, Settling Work Parties shall, within 30 days or such longer time as specified by EPA in such notice, correct the deficiencies and resubmit the deliverable for approval. After review of the resubmitted deliverable, EPA may: (a) approve, in whole or in part, the resubmission; (b) approve the resubmission upon specified conditions; (c) modify the resubmission; (d) disapprove, in whole or in part, the resubmission, requiring Settling Work Parties to correct the deficiencies; or (e) any combination of the foregoing.


http://www.epa.gov/geospatial/policies.html

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c. Implementation: Upon approval, approval upon conditions, or modification by EPA under Paragraph 6.6a (Initial Submissions) or Paragraph 6.6b (Resubmissions), of any plan, report, or other deliverable, or any portion thereof: (1) such plan, report, or other deliverable, or portion thereof, will be incorporated into and enforceable under the CD; and (2) Settling Work Parties shall take any action required by such plan, report, or other deliverable, or portion thereof. The implementation of any non-deficient portion of a plan, report, or other deliverable submitted or resubmitted under Paragraph 6.6a will not relieve Settling Work Parties of any liability for stipulated penalties under Section XV (Stipulated Penalties) of the CD.

6.7 Supporting Deliverables. Settling Work Parties shall submit each of the following supporting deliverables for EPA approval. The deliverables must be submitted, for the first time, by the deadlines in the RD Schedule or the RA Schedule, or any other EPA-approved schedule, as applicable. Settling Work Parties shall develop the deliverables in accordance with all applicable regulations, guidance and policies (see Paragraph 9.1 (References)). Settling Work Parties shall update each of these supporting deliverables as necessary or appropriate during the course of the Work, and/or as requested by EPA.

a. Construction Quality Assurance/Quality Control Plan (CQA/QCP): The purpose

of the Construction Quality Assurance Plan (CQAP) is to describe planned and systemic activities that provide confidence that the RA construction will satisfy all plans, specifications, and related requirements, including quality objectives. The purpose of the Construction Quality Control Plan (CQCP) is to describe the activities to verify that RA construction has satisfied all plans, specifications, and related requirements, including quality objectives. The CQA/QCP must:

(1) Identify, and describe the responsibilities of, the organizations and personnel implementing the CQA/QCP;

(2) Describe the performance standards (PS) required to be met to achieve completion of the RA;

(3) Describe the activities to be performed: (i) to provide confidence that PS will be met; and (ii) to determine whether PS have been met;

(4) Describe verification activities, such as inspections, sampling, testing, monitoring, and production controls, under the CQA/QCP;

(5) Describe industry standards and technical specifications used in implementing the CQA/QCP;

(6) Describe procedures for tracking construction deficiencies from identification through corrective action;

(7) Describe procedures for documenting all CQA/QCP activities; and

(8) Describe procedures for retention of documents and for final storage of documents.


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b. Emergency Response Plan: The Emergency Response Plan (ERP) must describe procedures to be used in the event of an accident or emergency at the Site (for example, power outages, water impoundment failure, treatment plant failure, slope failure, etc.). The ERP must include:

(1) Name of the person or entity responsible for responding in the event of an emergency incident;

(2) Plan and date(s) for meeting(s) with the local community, including local, State, and Federal agencies involved in the cleanup, as well as emergency squads and hospitals;

(3) Spill prevention, control and countermeasures (SPCC) plan, if applicable, consistent with regulations under 40 CFR Part 112, describing measures to prevent, and contingency plans for, spills and discharges;

(4) Notification activities in accordance with Paragraph 4.5b (Release Reporting) in the event of a release of hazardous substances requiring reporting under Section 103 of CERCLA, 42 U.S.C. §9603, or Section 304 of the Emergency Planning and Community Right to Know Act (EPCRA), 42 U.S.C. § 11004; and

(5) A description of all necessary actions to ensure compliance with Paragraph 11 (Emergency and Releases) of the Consent Decree in the event of an occurrence during the performance of the Work that causes or threatens a release of waste material from the Site that constitutes an emergency or may present an imminent threat to public health, welfare, or the environment.

c. Field Sampling Plan: The Field Sampling Plan (FSP) supplements the QAPP and addresses all sample collection activities. The FSP must be written so that a field sampling team unfamiliar with the project would be able to gather the samples and field information required. Settling Work Parties shall develop the FSP in accordance with Guidance for Conducting Remedial Investigations and Feasibility Studies, EPA/540/G 89/004 (Oct. 1988).

d. Health and Safety Plan: The Health and Safety Plan (HASP) describes all

activities to be performed to protect on-site personnel and area residents from physical, chemical and all other hazards posed by the Work. Settling Work Parties shall develop the HASP in accordance with EPA’s Emergency Responder Health and Safety and OSHA requirements under 29 C.F.R. §§ 1910 and 1926. The HASP should cover RD activities and should be, as appropriate, updated to cover activities during the RA and updated to cover activities after RA completion. EPA does not approve the HASP, but will review it to ensure that all necessary elements are included, and that the plan provides for the protection of human health and the environment.


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e. Institutional Controls Implementation and Assurance Plan: The Institutional Controls Implementation and Assurance Plan (ICIAP) describes plans to implement, maintain and enforce the Institutional Controls (ICs) at the Site. Settling Work Parties shall develop the ICIAP in accordance with Institutional Controls: A Guide to Planning, Implementing, Maintaining, and Enforcing Institutional Controls at Contaminated Sites, OSWER 9355.0-89, EPA/540/R-09/001 (Dec. 2012), and Institutional Controls: A Guide to Preparing Institutional Controls Implementation and Assurance Plans at Contaminated Sites, OSWER 9200.0-77, EPA/540/R-09/02 (Dec. 2012). The ICIAP must include the following additional requirements:

(1) Locations of recorded real property interests (e.g., easements, liens) and resource interests in the property that may affect ICs (e.g., surface, mineral, and water rights) including accurate mapping and geographic information system (GIS) coordinates of such interests;

(2) Legal descriptions and survey maps must be prepared according to current American Land Title Association (ALTA) Survey guidelines and certified by a licensed surveyor;

(3) All GIS coordinates must be formatted into an Environmental Systems Research Institute, Inc. (ESRI) polygon shape file and the Universal Transverse Mercator (UTM) zone must be identified. The shape file must be projected into the UTM, North American Datum (NAD) 83 projection system. Each shape file must include an attribute name for each polygon submitted (e.g., “site boundary,” “residential use prohibited,” “landfill cap,” and “groundwater use prohibited”);

(4) List of those activities prohibited under Paragraph 25 (Land, Water, or Other Use Restrictions) of the Consent Decree that could (1) interfere with the RA or (2) result in exposure to contaminants in surface and subsurface soils and groundwater; and

(5) List of those activities or measures required under Paragraph 25 (Land, Water, or Other Use Restrictions) of the Consent Decree to ensure that any new structure on the Site will be constructed in a manner that (1) protects and maintains the RA and (2) minimizes the risk of inhalation of contaminants.

f. O&M Manual: The O&M Manual serves as a guide to the purpose and function of the equipment and systems that make up the remedy and describes the requirements for inspecting, operating, and maintaining the RA. Settling Work Parties shall develop the O&M Manual in accordance with Operation and Maintenance in the Superfund Program, OSWER 9200.1 37FS, EPA/540/F-01/004 (May 2001). The O&M Manual must include the following additional provisions:

(1) Description of PS required to be met to implement the ROD;


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(2) Description of activities to be performed: (i) to provide confidence that PS will be met; and (ii) to determine whether PS have been met;

(3) O&M Reporting. Description of records and reports that will be generated during O&M, such as daily operating logs, laboratory records, records of operating costs, reports concerning emergencies, personnel and maintenance records, monitoring reports, and monthly and annual reports to EPA and State Agencies;

(4) Description of corrective action in case of system failure, including (i) alternative procedures to prevent the release or threatened release of Waste Material which may endanger public health and the environment or may cause a failure to achieve PS; (ii) analysis of vulnerability and additional resource requirements should a failure occur; (iii) notification and reporting requirements should O&M systems fail or be in danger of imminent failure; and (iv) community notification requirements; and

(5) Description of corrective action to be implemented in the event that PS are not achieved; and a schedule for implementing these correction actions.

g. Performance Standards Verification Plan: The Performance Standards Verification Plan (PSVP) describes activities to verify that all Performance Standards are satisfied and includes a schedule for performing these activities. The PSVP must include the following elements:

(1) A description of each of the Performance Standards required by the ROD;

(2) A description of plans to provide confidence that each Performance Standard will be met; and

(3) A description of activities to be performed to determine whether Performance Standards have been met.

h. Periodic Review Support Plan: The Periodic Review Support Plan addresses the studies and investigations that Settling Work Parties shall conduct to support EPA’s reviews of whether the Remedial Action is protective of human health and the environment in accordance with Section 121(c) of CERCLA, 42 U.S.C. § 9621(c). Settling Work Parties shall develop the plan in accordance with Comprehensive Five-year Review Guidance, OSWER 9355.7-03B-P (June 2001), and any other relevant five-year review guidance.

i. Quality Assurance Project Plan: The Quality Assurance Project Plan (QAPP) addresses sample analysis and data handling regarding the Work. The QAPP must include a detailed explanation of Settling Work Parties’ quality assurance, quality control, and chain of custody procedures for all treatability, design, compliance, and monitoring samples. Settling Work Parties shall develop the QAPP in accordance with EPA Requirements for Quality Assurance Project Plans, QA/R-5, EPA/240/B-01/003 (March 2001, reissued May 2006), Guidance for Quality Assurance Project Plans, QA/G-5, EPA/240/R 02/009 (Dec. 2002),


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and Uniform Federal Policy for Quality Assurance Project Plans, Parts 1-3, EPA/505/B-04/900A though 900C (March 2005). The QAPP also must include procedures:

(1) To ensure that EPA and the Ohio Environmental Protection Agency (“OEPA”) and their authorized representatives have reasonable access to laboratories used by Settling Work Parties in implementing the Consent Decree (“Settling Work Parties’ Labs”);

(2) To ensure that Settling Work Parties’ Labs analyze all samples submitted by EPA pursuant to the QAPP for quality assurance monitoring;

(3) To ensure that Settling Work Parties’ Labs perform all analyses using EPA-accepted methods (i.e., the methods documented in USEPA Contract Laboratory Program Statement of Work for Inorganic Analysis, ILM05.4 (Dec. 2006), USEPA Contract Laboratory Program Statement of Work for Organic Analysis, SOM01.2 (amended April 2007), and USEPA Contract Laboratory Program Statement of Work for Inorganic Superfund Methods (Multi-Media, Multi-Concentration), ISM01.2 (January 2010)) or other methods acceptable to EPA;

(4) To ensure that Settling Work Parties’ Labs participate in an EPA-accepted QA/QC program or other QA/QC program acceptable to EPA;

(5) For Settling Work Parties to provide EPA and OEPA with notice at least 28 days prior to any sample collection activity;

(6) For Settling Work Parties to provide split samples and/or duplicate samples to EPA and OEPA upon request;

(7) For EPA and OEPA to take any additional samples that they deem necessary;

(8) For EPA and OEPA to provide to Settling Work Parties, upon request, split samples and/or duplicate samples in connection with EPA’s and OEPA’s oversight sampling; and

(9) For Settling Work Parties to submit to EPA and OEPA all sampling and tests results and other data in connection with the implementation of the Consent Decree.

j. Site Wide Monitoring Plan: The purpose of the Site Wide Monitoring Plan (SWMP) is to supplement existing RI data regarding the extent of contamination in affected media at the Site; to obtain information, through short- and long-term monitoring, about the movement of and changes in contamination throughout the Site, during and after implementation of the RA; to obtain information regarding contaminant levels to determine whether performance standards are achieved; and to obtain information to determine whether to perform additional actions, including further Site monitoring. This may be included in the site O&M Manual,


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outlined in subparagraph f above and will include all of the information listed below. The SWMP must include:

(1) Description of the environmental media to be monitored;

(2) Description of the data collection parameters, including existing and proposed monitoring devices and locations, schedule and frequency of monitoring, and analytical parameters to be monitored and analytical methods employed;

(3) Description of how performance data will be analyzed, interpreted, and reported, and/or other Site-related requirements;

(4) Description of verification sampling procedures;

(5) Description of deliverables that will be generated in connection with monitoring, including sampling schedules, laboratory records, monitoring reports, and monthly and annual reports to EPA and State Agencies; and

(6) Description of proposed additional monitoring and data collection actions (such as increases in monitoring frequency, and/or installation of additional monitoring devices in the affected areas) in the event that results from monitoring devices indicate changed conditions (such as higher than expected concentrations of the contaminants of concern, or groundwater plume movement).

k. Transportation and Off-Site Disposal Plan. The Transportation and Off-Site Disposal Plan (TODP) describes plans to ensure compliance with Paragraph 4.6 (Off-Site Shipments). The TODP must include:

(1) Proposed routes for off-Site shipment of Waste Material;

(2) Identification of communities affected by shipment of Waste Material, and

(3) Description of plans to minimize impacts on affected communities.

7. SCHEDULES

7.1 Applicability and Revisions. All deliverables and tasks required under this SOW must

be submitted or completed by the deadlines, or within the time durations listed in the RD and RA schedules set forth below. Settling Work Parties may propose revised RD schedules or RA schedules for EPA approval. Upon EPA’s approval, the revised RD and/or RA schedules supersede the RD and RA schedules set forth below, and any previously approved RD and/or RA schedules.


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7.2 RD Schedule

Description of Deliverable Task Ref. Deadline

1 PDIWP 3.1.a 45 days after Effective Date of Consent Decree

2 PDI Evaluation Report

3.1.c As identified in the approved PDIWP

3 RDWP (together with HASP, ERP, FSP, QAPP, SWMP)

3.3 45 days after EPA approval of PDI Evaluation Report

4 Preliminary (30%) RD (together with CQA/QCP, ICIAP, O&M Manual, PSVP, TODP)

3.5 60 days after EPA approval of RDWP

5 Pre-Final (95%) RD 3.6 90 days after receipt of EPA comments on Preliminary RD

6 Final RD 3.7 60 days after receipt of EPA’s comments on Pre-Final RD


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7.3 RA Schedule

Description of

Deliverable Task Ref. Deadline

1 Draft RAWP 4.1 Submitted simultaneously with Pre-Final (95%) RD

2 Final RAWP 4.2 30 days after EPA comments on Draft RAWP

3 Award RA Contract 60 days after receipt of authorization to proceed with RA

4 Pre-Construction Meeting

4.3.a 30 days after award of RA contract

5 Start of Construction 15 days after Pre-Construction Meeting

6 Completion of Construction

4.7.a As approved by EPA in RA construction schedule in Final RAWP

7 Pre-Final Construction Inspection

4.7.b 30 days after completion of construction

8 Pre-Final RA Construction Report

4.7.d 30 days after completion of pre-final construction inspection

9 Final Construction Inspection

30 days after completion of work identified in pre-final RA Construction Report

10 Final RA Construction Report

4.7.d 30 days after determination that the requirements of Paragraph 4.7c have been achieved.

11 Final RA Completion Inspection

30 days after determination by Settling Work Parties that Performance Standards have been achieved.

12 RA Completion Report

4.8.b 30 days after Final RA Completion Inspection.

13 Final Work Completion Inspection

30 days after determination by Settling Work Parties that Performance Standards have been achieved.

14 Work Completion Report

4.9.b 60 days after completion of Final Work Completion Inspection.

15 Periodic Review Support

6.7.h 6 months after request from EPA to support ongoing remedy-review process


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8. STATE PARTICIPATION

8.1 Copies. Settling Work Parties shall, at any time they send a deliverable to EPA, send a

copy of such documents to OEPA. EPA shall, at any time it sends a notice, authorization, approval, disapproval or certification to Settling Work Parties, send a copy of such document to OEPA.

8.2 Review and Comment. OEPA will have a reasonable opportunity for review and

comment prior to:

a. Any EPA approval or disapproval under Paragraph 6.6 (Approval of Deliverables) of any deliverables that are required to be submitted for EPA approval; and

b. Any approval or disapproval of the Construction Phase under Paragraph 4.7 (RA Construction Completion), any disapproval of, or certification of completion of the RA under Paragraph 4.8 (Certification of RA Completion), and any disapproval of, or certification of completion of the Work under Paragraph 4.9 (Certification of Work Completion).

9. REFERENCES

9.1 The following regulations and guidance documents, among others, apply to the Work. A more complete list may be found on the following EPA Web pages:

Laws, Policy, and Guidance http://www.epa.gov/superfund/policy/index.htm Test Methods Collections http://www.epa.gov/fem/methcollectns.htm

9.2 For any regulation or guidance referenced in the CD or SOW, the reference will be read to include any subsequent modification, amendment or replacement of such regulation or guidance. Such modifications, amendments or replacements apply to the Work only after Settling Work Parties receive notification from EPA of the modification, amendment or replacement.

9.3 References:

a. A Compendium of Superfund Field Operations Methods, OSWER 9355.0-14, EPA/540/P-87/001a (August 1987).

b. CERCLA Compliance with Other Laws Manual, Part I: Interim Final, OSWER 9234.1-01, EPA/540/G-89/006 (August 1988).

c. Guidance for Conducting Remedial Investigations and Feasibility Studies, OSWER 9355.3-01, EPA/540/G-89/004 (October 1988).


http://www.epa.gov/superfund/policy/index.htm

http://www.epa.gov/fem/methcollectns.htm

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d. CERCLA Compliance with Other Laws Manual, Part II, OSWER 9234.1-02, EPA/540/G-89/009 (August 1989)

e. Guidance on EPA Oversight of Remedial Designs and Remedial Actions Performed by Potentially Responsible Parties, OSWER 9355.5-01, EPA/540/G-90/001 (April 1990).

f. Guidance on Expediting Remedial Design and Remedial Actions, OSWER 9355.5-02, EPA/540/G-90/006 (August 1990).

g. Guide to Management of Investigation-Derived Wastes, OSWER 9345.3-03FS (January 1992).

h. Permits and Permit Equivalency Processes for CERCLA On-Site Response Actions, OSWER 9355.7-03 (February 1992).

i. Guidance for Conducting Treatability Studies under CERCLA, OSWER 9380.3-10, EPA/540/R-92/071A (November 1992).

j. National Oil and Hazardous Substances Pollution Contingency Plan; Final Rule, 40 C.F.R. Part 300 (October 1994).

k. Guidance for Scoping the Remedial Design, OSWER 9355.0-43, EPA/540/R-95/025 (March 1995)

l. Remedial Design/Remedial Action Handbook, OSWER 9355.0-04B, EPA/540/R-95/059 (June 1995).

m. EPA Guidance for Data Quality Assessment, Practical Methods for Data Analysis, QA/G-9, EPA/600/R-96/084 (July 2000).

n. Operation and Maintenance in the Superfund Program, OSWER 9200.1-37FS, EPA/540/F-01/004 (May 2001).

o. Comprehensive Five-year Review Guidance, OSWER 9355.7-03B-P, 540-R-01-007 (June 2001).

p. Guidance for Quality Assurance Project Plans, QA/G-5, EPA/240/R-02/009 (December 2002).

q. Quality Systems for Environmental Data and Technology Programs -- Requirements with Guidance for Use, ANSI/ASQ E4-2004 (2004).

r. Uniform Federal Policy for Quality Assurance Project Plans, Parts 1-3, EPA/505/B-04/900A though 900C (March 2005).

s. Superfund Community Involvement Handbook, EPA/540/K-05/003 (April 2005).

t. EPA Guidance on Systematic Planning Using the Data Quality Objectives Process, QA/G-4, EPA/240/B-06/001 (February 2006).


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u. EPA Requirements for Quality Assurance Project Plans, QA/R-5, EPA/240/B-01/003 (March 2001, reissued May 2006).

v. EPA Requirements for Quality Management Plans, QA/R-2, EPA/240/B-01/002 (March 2001, reissued May 2006).

w. USEPA Contract Laboratory Program Statement of Work for Inorganic Analysis, ILM05.4 (Dec. 2006).

x. USEPA Contract Laboratory Program Statement of Work for Organic Analysis, SOM01.2 (amended April 2007).

y. Summary of Key Existing EPA CERCLA Policies for Groundwater Restoration, OSWER 9283.1-33 (June 2009).

z. Principles for Greener Cleanups (August 2009), HTTP://www.epa.gov/oswer/greenercleanups/.

aa. USEPA Contract Laboratory Program Statement of Work for Inorganic Superfund Methods (Multi-Media, Multi-Concentration), ISM01.2 (January 2010).

bb. Close Out Procedures for National Priorities List Sites, OSWER 9320.2-22 (May 2011).

cc. Groundwater Road Map Recommended Process for Restoring Contaminated Groundwater at Superfund Sites, OSWER 9283.1-34 (July 2011).

dd. Construction Specifications Institute's Master Format 2012, available from the Construction Specifications Institute, www.csinet.org/masterformat.

ee. Recommended Evaluation of Institutional Controls: Supplement to the “Comprehensive Five-Year Review Guidance,” OSWER 9355.7-18 (September 2011).

ff. Updated Superfund Response and Settlement Approach for Sites Using the Superfund Alternative Approach (SAA Guidance), OSWER 9200.2-125 (September 2012)

gg. Institutional Controls: A Guide to Planning, Implementing, Maintaining, and Enforcing Institutional Controls at Contaminated Sites, OSWER 9355.0-89, EPA/540/R-09/001 (December 2012).

hh. Institutional Controls: A Guide to Preparing Institutional Controls Implementation and Assurance Plans at Contaminated Sites, OSWER 9200.0-77, EPA/540/R-09/02 (December 2012).

ii. A Guide to Preparing Superfund Proposed Plans, Records of Decision, and Other Remedy Selection Decision Documents, OSWER 9200.1-23P, EPA/540/R-98/031 (July 1999).


30

jj. EPA’s Emergency Responder Health and Safety Manual, OSWER Directive 9285.3-12 (July 2005 and updates). http://www.epaosc.org/_HealthSafetyManual/manual-index.htm


http://www.epaosc.org/_HealthSafetyManual/manual-index.htm

http://www.epaosc.org/_HealthSafetyManual/emergency-responder-manual-directive-final.pdf

http://www.epaosc.org/_HealthSafetyManual/emergency-responder-manual-directive-final.pdf

http://www.epaosc.org/_HealthSafetyManual/manual-index.htm

Exhibit 1

Potential Exceedances of Toxicity Characteristic Standards for RCRA Hazardous Waste


Exhibit 2

Disposal Area 3 Waste Material Descriptions


Exhibit 3

Areas and Volumes of Waste, NAPL, and Leachate

&

Off-Property Buried Waste Area


Exhibit 4

Waste Boundary Delineation Area


Exhibit 5

Proposed Cap Area & Existing Borrow Area


Exhibit 6

Proposed Landfill Gas Collection System Concept


Exhibit 7

Proposed Leachate-Extraction System Concept


Exhibit 8

Sample Locations where Total PCBs Exceeded 50 Parts Per Million


,ValiBycrest Landfill , Dayton, Ohio

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