UNITED STATES ENVIRONMENTAL PROTECTION AGENCYREGION I

In the Matter of:

SOLVENTS RECOVERY SERVICE OPNEW ENGLAND, INC. SUPERFUND SITE

Southington, Connecticut

Proceedings Under Sections 104(a) &(b) ; 106(a); and 122(a) & (d)(3)of the Comprehensive EnvironmentalResponse, Compensation, and LiabilityAct, as amended 42 U.S.C. 9604(a)& (b) ; 9606(a); and 9622(a) & (d)(3)

U.S. EPA Region ICERCLA Docket No.1-94-1045

ADMINISTRATIVE ORDERON CONSENT FORREMOVAL ACTION

TABLE OF CONTENTS ADMINISTRATIVE ORDER ON CONSENT FOR REMOVAL ACTION

I. JURISDICTION AND GENERAL PROVISIONS 4

II. PURPOSE 5

III. PARTIES BOUND 6

IV. DEFINITIONS 7

V. EPA '3 FINDINGS OF FACT 10

VI. EPA'3 CONCLUSIONS OF LAW AND DETERMINATIONS 17

VII. ORDER 19

VIII. DESIGNATION OF SUPERVISING CONTRACTOR AND PROJECT COORDINATOR 19

IX. DESIGNATION OF EPA COORDINATOR 21

X. REMOVAL WORK TO BE PERFORMED; COMPLETION OF WORK . . . . 21

XI. COORDINATION AND COOPERATION WITH OTHER RESPONSE ACTIONS 24

XII. ADDITIONAL RESPONSE ACTIONS 26

XIII. PROGRESS REPORTS 27

XIV. DELIVERABLES SUBMITTED TO EPA 28

XV. INCORPORATION AND ENFORCEABILITY OF DOCUMENTS 32

XVI. SITE ACCESS 32

XVII. QUALITY ASSURANCE/SAMPLING 34

XVIII. ACCESS TO INFORMATION; RECORD PRESERVATION; CONFIDENTIALITY CLAIMS 35

XIX. CREATION OF DANGER; EMERGENCY RESPONSE 37

XX. OFF-SITE POLICY 39

XXI. FINANCIAL ASSURANCE; INSURANCE 40

XXII. TRUST FUND 41

XXIII. FORCE MAJEURE 47

XXIV. DISPUTE RESOLUTION 49

XXV. STIPULATED PENALTIES 50

XXVI. INDEMNIFICATION 54

XXVII. WAIVER OF SETTLEMENT CONFERENCE 56

XXVIII. COVENANT NOT TO SUE 56

XXIX. EPA'8 RESERVATION OF RIGHTS 57

XXX. CONTRIBUTION PROTECTION 59

XXXI. OTHER CLAIMS 59

XXXII. AMENDMENTS 60

XXXIII. OTHER APPLICABLE LAWS 60

XXXIV. COMMUNITY RELATIONS 61

XXXV. STUDIES REQUESTED TO BE PERFORMED BY RESPONDENTS ... 61

XXXVI. PLACE AND MANNER OF NOTICE 62

XXXVII. EFFECTIVE DATE 63

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION I

In the Matter of:

SOLVENTS RECOVERY SERVICE OP U.S. EPA Region I NEW ENGLAND, INC. SUPERFUND SITE CERCLA Docket No.

1-94-1045

Southington, Connecticut

Proceedings Under Sections 104(a) & (b); 106(a); and 122(a) & (d)(3) ADMINISTRATIVE ORDER of the Comprehensive Environmental ON CONSENT FOR Response, Compensation, and Liability REMOVAL ACTION Act, as amended 42 U.S.C. 9604(a) & (b); 9606(a); and 9622(a) & (d)(3)

I. JURISDICTION AND GENERAL PROVISIONS

1. This Administrative Order On Consent For Removal Action

("Order") is entered into voluntarily by the United States

Environmental Protection Agency ("EPA"), the Department of the

Navy ("Navy") and the Respondents listed on Appendix A

("Respondents"). This Order concerns the performance of a

removal action, including the performance of certain studies and

investigations, by the Respondents in connection with the

Solvents Recovery Service of New England, Inc. Superfund Site in

Southington, Connecticut. This Order is issued pursuant to the

authorities vested in the President of the United States by

Sections 104(a) & (b); 106(a); and 122(a) & (d)(3) of the

Comprehensive Environmental Response, Compensation, and Liability

Act, as amended ("CERCLA"), 42 U.S.C. 9604(a) & (b); 9606(a);

and 9622(a) & (d)(3). These authorities were delegated to the

ADMINISTRATIVE ORDER ON CONSENT FOR REMOVAL ACTION SRSNE SUPERFUHD SITE

Administrator csf EPA on January 23, 1987 by Executive Order

12580, 52 Fed. Reg. 2926 (January 29, 1987), and further

delegated to the Regional Administrator, EPA Region I by EPA

Delegation Nos. 14-14-A and 14-14-C.

2. EPA notified the State of Connecticut of this action on

October 20, 1993 pursuant to Sections 104(b)(2) and 106(a) of

CERCLA, 42 U.S.C. 9604(b)(2) and 9606(a). EPA notified the

Federal Natural Resource Trustees of this action on October 20,

1993 pursuant to Section 122(j) of CERCLA, 42 U.S.C. 9622(j).

3. In consenting to this Order, Respondents and the Navy

reserve all rights and claims with respect to parties not

signatories to this Order or with respect to all matters not

directly addressed in this Order. Additionally, Respondents and

the Navy reserve all defenses not expressly waived by this Order.

In consenting to this Order, the Respondents and the Navy do not

admit any liability, nor do the Respondents or the Navy admit the

truth of any factual allegation in this Order or in connection

with the Site or this matter. The Respondents and the Navy agree

to comply with and be bound by the terms of this Order. The

Respondents and the Navy further agree that they will not contest

the basis or validity of the Action Memorandum (defined below),

or this Order or its terms.

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ADMINISTRATIVE ORDER ON CONSENT FOR REMOVAL ACTION SRSNE SUPERFUND SITE

II. PURPOSE

4. In entering into this Order, the mutual objectives of

EPA, the Navy and the Respondents are to perform removal

activities (the "Removal Action") at the Solvents Recovery

Service of New England, Inc. Superfund Site in Southington,

Connecticut, as set forth in the Action Memorandum signed by the

Acting Regional Administrator on April 1, 1993, and the Statement

of Work appended to this Order as Appendix B. In addition, this

Order seeks to resolve the contribution counterclaims or claims

in recoupment that have been or could have been asserted against

the United States by the Respondents, as provided in Paragraph

89.

III. PARTIES BOUND

5. This Order shall apply to and be binding upon EPA, the

Navy, and upon the Respondents and Respondents' heirs,

successors, and assigns. Any change in ownership or corporate

status of a Respondent including, but not limited to, any

transfer of assets or real or personal property shall in no way

alter such Respondent's responsibilities under this Order.

Respondents are jointly and severally responsible for carrying

out all activities required of them by this Order. The failure

of one or more Respondent or the Navy to comply with all or any

part of this Order shall not in any way excuse or justify

noncompliance by any other Respondent, including but not limited

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ADMINISTRATIVE ORDER ON CONSENT FOR REMOVAL ACTION SRSNE SUPERFUND SITE

to the failure to perforn all obligations of any defaulting

Respondent or the Navy.

6. The Respondents shall provide a copy of this Order to

each contractor hired to perform any work required by this Order

and to each person representing any of the Respondents with

respect to the Site or the work required by this Order. The

Respondents or their contractors shall provide written notice of

the Order to all subcontractors hired to perform any portion of

the work required by this Order. The Respondents shall

nonetheless be responsible for ensuring that their contractors

and subcontractors perforn the work contemplated herein in

accordance with this Order.

IV. DEFINITIONS

7. Unless otherwise expressly provided herein, terms used

in this Order which are defined in CERCLA or in regulations

promulgated under CERCLA shall have the meaning assigned to them

in CERCLA or in such regulations. Whenever terms listed below

are used in this Order or in the appendices attached hereto and

incorporated hereunder, the following definitions shall apply:

a. "Action Memorandum" shall mean the EPA Action Memorandum

relating to the Solvents Recovery Service of New England,

Inc. Superfund Site signed on April 1, 1993, by the Acting

Regional Administrator, EPA Region I, and all attachments

thereto.

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ADMINISTRATIVE ORDER ON CONSENT FOR REMOVAL ACTION 8RSNE SUPERFUND SITE

b. "CERCLA" shall mean the Comprehensive Environmental

Response, Compensation, and Liability Act of 1980, as

amended, 42 U.S.C. 9601 et seq.

c. "CT DEP" shall mean the State of Connecticut Department

of Environmental Protection and any successor departments or

agencies of the State.

d. "Day" shall mean a calendar day unless expressly stated

to be a working day. "Working day" shall mean a day other

than a Saturday, Sunday, or Federal holiday. In computing

any period of time under this Order, where the last day

would fall on a Saturday, Sunday, or Federal holiday, the

period shall run until the close of business of the next

working day.

e. "EPA" shall mean the United States Environmental

Protection Agency and any successor departments or agencies

of the United States.

f. "Navy" shall mean the United States Department of the

Navy.

g. "National Contingency Plan" or "NCP" shall mean the

National Oil and Hazardous Substances Pollution Contingency

Plan promulgated pursuant to Section 105 of CERCLA, 42

U.S.C. 9605, codified at 40 C.F.R. Part 300, including,

but not limited to, any amendments thereto.

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ADMINISTRATIVE ORDER ON CONSENT FOR REMOVAL ACTION SRSNE SDPERTUND SITE

h. "Order" shall mean this Administrative Order On Consent

For Removal Actio