TABLE 17

ANALYTICAL DATA METHODOLOGIES

Level1

II

III

IV

V

OTHER

Description (1)

Level 1 Is the lowest quality data butprovides the fastest results. Fieldscreening or analysis provides Level 1data. It can be used for health andsafety monitoring and preliminaryscreening of samples to identify thoserequiring confirmation sampling (LevelIV). The generated data can Indicate thepresence or absence' of certain con-stituents and Is generally qualitativerather than quantitative. It Is the leastcostly of the analytical options.Level II data are generated by field laboratoryanalysis using more sophisticated portableanalytical Instruments or a mobile laboratoryonsite. This provides fast results andbetter-quality data than In Level 1. Theanalyses can be used to direct a removalaction In an area, re-evaluate samplinglocations, or direct Installation of amonitoring well network.

Level III data may be obtained by acommercial laboratory with or withoutCLP procedures. (The laboratory mayor may not participate in the CLP.)The analyses do not usually use thevalidation or documentation proceduresrequired of CLP Level IV analysis. Theanalyzed parameter? are relevant to thedesign of the remi y"' action.

Level IV data are used for risk assess-ment, engineering design, and cost-recovery documentation. All analysesare performed In a CLP analytical labo-ratory and follow CLP procedures.Level IV Is characterized by rigorousQC protocols, documentation, andvalidation.

Level V data are those obtained bynonstandard analytical procedures.Method development or modificationmay be required for specific constituentsor detection limits.Other. This category Includes dataobtained from analyses of the physicalproperties of soil, such as Atterberglimits and coll moisture.

Associated Rl Activity- Health and safety monitoring- Phase 1A&1B field work- pH, specific conductivity,temperature & dissolvedoxygen measurements

- Ambient air screeningusing total organicvapor analyzer

- Not Applicable

- Indicator parametersInorganic Lists A and B

- Groundwater, surface water,soil, stream sediments, andleachate analysis of CLPTCL and TAL parametersand VOCs by 524.2

- SAS method not beingperformed

- Geotechnical testing- Hydrogeological tests, I.e.,pump tests, packer testing,slug tests.

(i) EPA DQO Guidance Documents.

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APPENDIX A

Administrative Order on Consentfor Remedial Investigation/Feasibility Study

Docket No. III-90-32-DC

Berks Landfill SiteTownship of Spring

Berks County, Pennsylvania

C

68300813

UNITED STATES ENVIRONHENTAL PROTECTION AGENCYREGION III

IN TEE HATTER OF:

Berks Landfill SiteTownship of SpringBerks County, Pennsylvania

Sonoco Fibre Drum, Inc.Carpenter Technology CorporationThe Glidden Company

Respondents,Proceeding Under Sections 104and 122 of the ComprehensiveEnvironmental Response,Compensation and Liability ActOf 1980 (42 U.S.C. §§ 9604 and9622), as amended by theSuperfund Amendments andReauthorization Act of 1986,Pub. L. No. 99-499,100 Stat. 1613 (1986)

___ADMINISTRATIVE ORDER ON CONSENT

FOR REMEDIAL INVESTIGATION/FEASIBILITY STUDY

Docket No. III-90-32-DC

AR3008lt>

consent order for Rl/73 2 Docket No.: Ill-90-32-DCfor tn« B«rk« Landfill Sit*

INDEX

PAGS

I. JURISDICTION................................... 4

II. STATEMENT OF PURPOSE.....................x..... 5

III. EPA'3 FINDINGS OF FACT......................... 6

IV. SPA'S CONCLUSIONS OF LAW....................... 12

V. EP.VS DETERMINATIONS........................... 13

VI. PARTIES BOUND.................................. 13

VII. NOTICE TO THE COMMONWEALTH..................... 13

VIII. WORK TO BE PERFORMED........................... 15

IX. PUBLIC COMMENT................................. 24

X. DESIGNATED PROJECT MANAGERS.................... 24

XI. SITS ACCESS.................................... 25

XII. QUALITY ASSURANCE.............................. 27

XIII. SAMPLING AND DATA/DOCUMENT AVAILABILITY........ 30

XIV. RECORD PRESERVATION.................. ..... 32

XV. DELAY IN PERFORMANCE AND STIPULATED PEi 33.. 34

XVI. FORCE MAJEURB AND NOTIFICATION OF DELAY. ....36

XVII. DISPUTE RESOLUTION............................. 38

XVIII. RESERVATION 0? RIGHTS..... ...................... 39

XIX. REIMBURSEMENT OF COSTS......................... 41

XX. OTHER CLAIMS................................... 43

XXI. OTHER APPLICABLE LAWS.......................... 44

XXII. INDEMNIFICATION OF THE UNITED STATESGOVERNMENT..................................... 43

XXIII. LIABILITY OF THE UNITED STATES GOVERNMENT...... 45

flR3008!5

consent order for RI/FS 3 pocket No.: III-90-32-DCfor the Berks Landfill flit*

PAGE

XXIV. MISCELLANEOUS.................................. 45

XXV. SUBSEQUENT MODIFICATION........................ 46•

XXVI. NO ADMISSIONS.................................. 47

XXVII. CONTRIBUTION PROTECTION........................ 48

XXVIII. COVENANT NOT TO SUE............................ 48

XXIX. EFFECTIVE DATE................................. 48

XXX. TERMINATION AND SATISFACTION OF ORDER.......... 49

AR3008I6

consent order for RI/FS 4 Docket NO.I III-90-32-DCfor tne Barks Landfill SiteIN THE MATTER OF:

Berks Landfill Site :Township of Spring :Berks County, Pennsylvania :

ADMINISTRATIVE ORDER ON CONSENTFOR REMEDIAL INVESTIGATION/FEASIBILITY STUDY

The parties to this Administrative Order on Consent("Consent Order" or "Order"), Sonoco Fibre Drum, Inc., CarpenterTechnology Corporation, and The Glidden Company, ("Respondents")and the U.S. Environmental Protection Agency ("EPA"), have agreedto the entry of this Consent Order, and the Respondents agree toundertake all actions required by the terms and conditions ofthis Consent Order. The Consent Order concerns the preparationof, performance of, and reimbursement for all costs incurred byEPA in connection with a remedial investigation and feasibilitystudy ("RI/FS") for the Berks Landfill Site located in theTownship of Spring, Berks County, Pennsylvania ("Site"). It istherefore ordered that:

I. JURISDICTION

A. This Consent Order is issued pursuant to the authorityvested in tha President of the United States bySections 104 and 122 of tha ComprehensiveEnvironmental Response, Compensation and Liability Actof 1930, 42 U.S.C. SS 9604 and 122, as amended("CERCLA"), and delegated to tha Administrator of theEPA on January 23, 1937 by Executive Order 12530, 52Fed. Reg. 2926, and further delegated to the RegionalAdministrators of EPA by EPA Delegation Nos. 14-14-Aand 14-14-C, the latter of which was signed onSeptember 13, 1937.

B. The Respondents consent to and will not contest EPAjurisdiction regarding this Consent Order in any actionto enforce this Consent Order or its terms. TheRespondents do not admit any of the factual .or legalfindings, conclusions, or determinations made by EPA inthis Consent Order.

flR3008!7

Consent order for RI/FS 5 Docket No.: xix~90~32-Dcfor the Berks Landfill Site

II. STATEMENT OP PURPOSE

A. In entering into this Consent Order, the mutualobjective of EPA and Respondents is to completesatisfactorily an RI/FS for the Berks Landfill Site("Site") as hereinafter defined. The RI shallcharacterize the geology, hydrogeology, and allecological zones of the Site, and determine the natureand extent of the contamination, if any, at or from theSite. EPA shall prepare, for inclusion with the RI andFS Reports, a determination of the nature and extent ofthe threat, if any, to the public health or welfare orthe environment caused by the release, if any, orthreatened release of any hazardous substances,pollutants or contaminants at or from the Site ("RiskAssessment"). The Feasibility Study shall determineand evaluate (based on treatability testing, whereappropriate) remedial action alternatives to prevent,mitigate or otherwise respond to or remedy the releaseor threatened release of hazardous substances,pollutants, or contaminants at or from the Siteconsistent with the risk assessment performed by EPA(including any adverse impacts to human health or theenvironment that may result from the activitiesassociated with remediation). The alternativesevaluated must include, but shall not be limited to,the range of alternatives described in the National Oiland Hazardous Substances Pollution Contingency Plan("NCP") at 40 C.F.R. Part 300 and remedial actions thatutilize permanent solutions and alternative treatmenttechnologies or resource recovery technologies to themaximum extent practicable. In evaluating thealternatives, the Respondents shall address the factorsrequired to be taken into account by Section 121 ofCERCLA.

B. The activities conducted pursuant to this Consent Orderare subject to approval by EPA and shall be consistentwith the NCP, 40 C.F.R. Part 300, and shall beconducted in compliance with all applicable EPAguidances, policies and procedures as provided pursuantto Section VIII.A. of this Consent Order. Respondentsshall not be responsible for preparing a RiskAssessment as set forth in EPA's RI/FS guidance.

C. The activities conducted by the parties to this ConsentOrder shall provide all necessary information for theRI/FS, and for a Record of Decision ("ROD") forselection of a remedial action that is consistent withCERCLA and the NCP,

AR3Q08I8

Consent Order for RI/FS 6 Docket No.t III-90-32-DCfor tha Berks Landfill Site

III. BPA'3 FINDINGS OF FACT

EPA has made the following Finaings of Fact, whichRespondents do not admit:

A. The Berks Landfill Site (the "Site") is located in theTownship of Spring, Berks County, Pennsylvania and isapproximately seven miles southwest of the city ofReading, Pennsylvania. For purposes of this ConsentOrder, the Site encompasses certain portions of parcelsA-E as described on the attached map (See Attachment A)("parcels"), as well as all areas to which hazardoussubstances released at the Site have, or may have,migrated and all areas in close proximity thereto thatare necessary for the implementation of the workrequired by this Consent Order. The Site includes, butis not limited to, the former landfill property (the"landfill" or "Berks Landfill") currently owned byBerks Landfill Corporation and certain areas currentlyowned by Sebastian Lombardo. The newer and largerportion of the landfill is adjacent to an unnamedtributary of the Cacoosing Creek which flows in awesterly direction into the Tulpehocken Creek whichflows into the Schuykill River. Wheatfield Roadborders the northern portion of the landfill.

B. The Berks Landfill was operated as a landfill fromapproximately 1950 through August of 1936. Thelandfill received municipal refuse, demolition debris,and industrial waste, some of which included hazardoussubstances, during its operation.

C. The Site was proposed for inclusion on the CERCLANational Priorities List ("NPL") on June 24, 1933 (52Fed. Reg. 23983). The Site was placed on the final NPLon October 2, 1939 (54 Fed. Reg. 41020).

D. Sebastian Lombardo purchased the Site in 1950. Mr.Lombardo owned Parcel A of the Site from 1950 to 1973and Parcel B of the Site from 1950 to 1984. Mr.Lombardo operated certain portions of the Site from1950 to 1934.

E. Berks Landfill Corporation is a PennsylvaniaCorporation established by Mr. Lombardo andincorporated on July 29, 1963. Berks LandfillCorporation operated the Landfill from 1963 to 1984 andowned Parcel A of the Site from 1973 to the present andParcel B from 1934 to the present.

AR3Q08I9

Consent order for RI/FS 7 Docket No.: III-90-32-DCfor the Berks Landfill Site

F. Robert C. DeMeno purchased all of the stock of theBerks Landfill Corporation in 1984 and began operatingcertain portions of parcels A and B as a landfill. Mr.DeMeno is the current president of Berks LandfillCorporation and Berks Sanitary Landfill, Incorporated.

G. Berks Sanitary Landfill, Inc. is a PennsylvaniaCorporation, incorporated on February 2, 1984. BerksSanitary Landfill, Inc. was operator of the Landfillfrom 1984 until the Landfill closed in 1986.

K. Respondent Carpenter Technology is a Delawarecorporation, incorporated on October 23, 1968 and wascertified to do business in Pennsylvania on October 28,1968.

I. Respondent Sonoco Fibre Drum, Inc. is a Delawarecorporation originally incorporated under the name ofContinental Fibre Drum on December 29, 1981 and was

. authorized to do business in the state of Pennsylvaniaon March 22, 1982. In 1985, Continental Fibre Drum wassold to Sonoco Products Company as an operating unit,and its name was changed to Sonoco Fibre Drum.

J. Respondent The Glidden Company is a Delawarecorporation incorporated on September 6, 1985. It wascertified to do business in Pennsylvania on September22, 1986.

K. All Respondents listed in paragraphs H through J ofthis Section are corporations which have generated,transported, or disposed of hazardous substances at theSite.

L. Based on information available to EPA at this time, itappears that parties, who are not signatories to thisConsent Order, may have arranged for disposal orarranged for transportation for disposal of hazardoussubstances at the Site.

M. An application for a permit for "Solid Waste Disposalor for Processing Facilities" from the PennsylvaniaDepartment of Environmental Resources ("PADER") wassubmitted for the Berks Landfill on January 16, 1970.As part of the approval process, seven groundwatermonitoring wells were constructed from March 26, 1974to June 6, 1974. These wells range in depth from 7.7feet to 38.2 feet.

AR300820

consent Order for RZ/FS 3 Docket NO.I III-90-32-DCfor the Berks Landfill Site

N. PADER issued a "Permit for Solid Waste Disposal and/orProcessing Facility" on May 27, 1975 to the BerksLandfill Corporation (Permit No. 100347). This permitrequired the expansion of the leachate collectionsystem, a detailed groundwater study, installation ofmonitoring wells to monitor deep groundwater flow, andquarterly and annual chemical analyses for eachmonitoring point. A "Water Quality Management Permit"(No. 0673203) was issued to Berks Landfill Corporationon May 27, 1975 approving an industrial waste treatmentfacility and discharge of treated industrial waste tothe westerly flowing unnamed tributary of the CacoosingCreek.

O. Berks Landfill Corporation conducted a groundwaterstudy which was submitted to PADER on December 15,1975. This study was conducted to determine if theleachate collection system would intercept all leachategenerated in the Landfill. Several monitoring wellswere installed during this study.

P. On June 29, 1979, a PADER Module 1 permit applicationfJ.Q.. a request for approval from the state to treat,store, or dispose of a hazardous or residual waste as aresult of the Resource, Conservation and Recovery Actof 1976) for disposal of hazardous waste at theLandfill was approved by the PADER as Permit No.100347. On September 23, 1979, this permit wassuspended due to violations of the terms and conditionsof the permit including an inadequate leachatecollection system and inadequate data collection forthe required quarterly monitoring. As a result of thissuspension, all disposal of hazardous or residual wastewas stopped pending Berks Landfill Corporation'scompliance with the permit. In addition, the BerksLandfill was not in compliance with the water qualitymanagement permit No. 0673203 and discharging practicesto the unnamed tributary of the Cacoosing Creek werehalted.

Q. On September 24, 1979, EPA conducted a preliminaryassessment of the Landfill. Results indicated that,among other things, the Landfill did not have a properleachate collection system, an effective leachatetreatment system or a soundly constructed storage areafor wastes being disposed of at tha Landfill. EPA alsonoted that provisions had not been developed for thecollection of rainwater and runoff at the Landfill.According to the Module 1 application, waste was to be

. placed in a previously constructed, temporary storagearea to await prdcessing. The storage area was to be

AR30082I

i-l?

, consent Order for RI/FS 9 Docket No.« XXX-90-32-DC^ for the Berks Landfill Site

comprised of an impermeable berm and pad constructed ofearth and polyethylene bottom and side liners. Theseliners were to isolate the sludge from the environmentduring storage prior to stabilization. In addition,provisions were to be made for covering ti\e sludge toprevent ingress of water during inclement weather. Thestabilization process was to produce a permanentlystabilized, monolithic mass of chemically fixed sludge.

R. On January 9, 1984, Solid Waste Permit No. 100347 wasamended to require the installation of two additionalmonitoring wells and a revised sampling program whichwould include all monitoring points. On January 6,1984, Mr. Robert C. DeMeno, pursuant to an Agreement ofSale dated October 19, 1983, purchased all the sharesof Berks Landfill Corporation, as well as certainadditional real property, specifically an additional31.5 acres (Parcel B) from Ben S. Lombardo and Wilma L.Lombardo. Mr. Robert C. DeMeno established the BerksSanitary Landfill, Inc. and on March 13, 1984, appliedto have Solid Waste Permit No. 100347 reissued to BerksSanitary Landfill, Inc.

S. As part of the application for reissuance of thepermit, E.M.S. Resource Group, Inc. conducted a limitedhydrogeological investigation of the Landfill andreported the results to the PADER in July 1985. Twelvemonitoring points were located in the landfill area.Several monitoring points and private wells weresampled and analyzed for chemical constituents.Results showed that on-site monitoring points contained1 part per billion (ppb) benzene, 3-18 ppb chloro-ethane, 20-50 ppb chloromethane, 2 ppb tetrachloro-oethene, 38-65 ppb trans-1,2 dichloroethene, 1-38 ppbvinyl chloride, 5 ppb chloroform, 5-50 ppbtrichloroethene, 6 ppb bromomethane, 25 ppbdichlorofluoromethane, 10 ppb 1,1-dichloroethane, 21ppb ethylbenzene, 210 ppb methylene chloride and 56 ppbtoluene. Volatile organic compounds were not detectedabove the detection level of 1 ppb in the private wellssampled. The report indicated that additionalmonitoring points would be necessary to define theextent of contamination.

T. On September 25, 1985, contractors for EPA conducted aninspection of the Landfill and took a total of 21aqueous and 7 solid samples. Results are reported in aSite Inspection report dated September 22, 1986. Vinylchloride (up to 32 ppb), trichloroethene (up to 75

benzene (up*to 35 ppb), manganese (up to 23,500

AR300822

consent Order for .-"/F8 10 Docket No.: XXI-90-32-DCfor the Berks Lau -ill site

ppb) and lead (91 ppb) were detected in the leachatelagoons, monitoring wells, and/or one private well.

U. On August 6, 1936, the PADER executed a Consent Orderand Agreement ("CO&A") with Berks Sanitary Landfill,Inc.' and Berks Landfill Corporation requiring them todevelop and submit a closure plan for the Landfillincluding a design for a new perimeter leachatecollection system for the eastern portion of theLandfill and a provision for additional filling tobring the Landfill into conformance with PADERregulations regarding slopes, benching and surfacewater management, and a schedule for closure no laterthan October 1, 1936. The COSA also required aninvestigation to determine the extent of groundwatercontamination and to abate groundwater contamination,to reconstruct and line the surface impoundments at theLandfill, to continue with quarterly monitoring ofgroundwater and to submit to the PADER a stormwatarmanagement and erosion and sedimentation control planand a plan for long term disposal of leachate.

V. In a letter dated September 18, 1986 to Mr. RobertDeMeno, the U.S. Army Corps of Engineers, Department ofthe Army determined that Federally regulated wetlandsexist at the Berks Landfill property and that fillmaterial has been placed in these wetlands. Thewetland areas were identified in a letter datedDecember 17, 1936 to the Corps of Engineers,Philadelphia District from Peffer GeotechnicalCorporation.

W. As a result of the CO&A among PADER, Berks LandfillCorporation and Berks Sanitary Landfill, Inc., PefferGeotechnical Corporation submitted the "Berks LandfillGroundwater Study and Remedial Investigation" report inFebruary, 1937. Peffer conducted sampling of the on-site monitoring wells, on-site and off-site springs andmine-related discharges and off-site private wells.The report contains a site history including aerialphotographs and a discussion of the hydrogeology andgeology of the Site area. The report defines twoseparate groundwater contamination plumes at theLandfill: one located in the eastern part of theLandfill and one in the western part of-the Landfill.Certain past waste disposal practices in :=rcel c ofthe '-'.te were identified in this report. m privateresidential well sample results indicate i^/els of upto 1.2 ppb trichlorethylene. Monitoring paints on-site contained: vinyl chloride (up to 542 ppb),trichloroethylene*(up to 316 ppb), methylene chloride

4R300823

consent Order for RX/F6 11 Docket No.s XXX-90-32-DCfor the Berks Landfill Site

(up to 689 ppb), trans 1,2-dichloroethylene (9 ppb to379 ppb), acetone (up to 2030 ppb), benzene (up to 38ppb), 4-methyl 2 pentanone (up to 2130 ppb), toluene(up to 374 ppb), 2-hexanone (up to 215 ppb), xylenes(up to 151 ppb), ethylbenzene (up to 104 ppb), 2-butanone (up to 3360 ppb), chlorobenzene (up to 40ppb), tetrachloroethylene (up to 10 ppb), 1,1,1trichloroethane (up to 83 ppb) and 1,1 dichloroethane,1,2 dichloroethane, chloroethane and1,2,dichloropropane.

X. In July 1987, the EPA Emergency Response Section On-Scene Coordinator ("OSC") and the Technical AssistanceTeam ("TAT"), performed a removal site assessment ofthe Landfill. On July 27, 1987, the TAT sampled thelined lagoons at the north of the Landfill whichcontain leachate from the Landfill's leachatecollection system and seepage from the southern side ofthe Landfill. The seepage originates from theLandfill which has been exposed and eroded. Theseepage sampled contained toluene at 400 ppb,trichloroethane at 100 ppb, 2-butanone at 240 ppb,ethylbenzene at 130 ppb and vinyl chloride at 62 ppb.The leachate in the onsite lagoons contained vinylchloride at 5 ppb to 12 ppb, 2-butanone at 14 ppb to140 ppb, toluene at 62 ppb, total xylenes up to 48 ppb,ethylbenzene up to 12 ppb, di-n-octyl phthalate up to65 ppb, 2-hexane up to 12 ppb and lead at 128 ppb.

Y. The leachate is currently being collected through aseries of underdrains and perimeter drains and conveyedto three (3) lined surface impoundments, from where itis subsequently discharged to the sanitary sewer fortreatment at the Sinking Spring wastewater treatmentplant. Monitoring of this system is being conducted byPADER. Sampling of the leachate performed on February19, 1991 indicated 2.7 ppb 1,1-dichloroethane, 14 ppbcis-i,l-dichloroethene, 44 ppb toluene, 2.3 ppbtetrachloroethene, 58 ppb m/p-xylene, 19 ppb o-xylene,4.1 ppb 1,4-dichlorobenzene, 6.7 ppb 4-methy1-2pentanone, and 3.8 benzene.

Z. PADER campled seven private wells along Wheatfield Roadon July 16, 1990. Results indicated that one privatewell contained 0.505 ppb vinyl chloride, 0.496 ppbchloroethane, 0.373 ppb 1,1 dichloroethene, 4.39 ppb1,1 dichloroethane, 3.89 ppb cis-1,2 dichloroethene,0.480 ppb 1,2-dichloroethane and 0.321 ppbtrichloroethene.

AR300821*

consent order for RI/FS 12 Docket No.: III-90-32-DCfor the Berks Landfill Site

AA. On August 3, 1990, the EPA issued a Unilateral Order toBerks Sanitary Landfill, Inc., Berks LandfillCorporation, Robert DeMeno, Sebastian Lombardo, SonocoFibre Drum, Inc., Carpenter Technology Corporation,General Battery Corporation, Reading Eagle Company,Waste Management of Pennsylvania, Clements. WasteServices, Inc., and The Glidden Company to perform aremoval action at the Site. This action includesdevelopment of a Site Health and Safety Plan, theconstruction of an fence surrounding the easternportion of the Landfill, a plan to cap the heavilyeroded area on the south side of the Site, and a planfor the installation and operation and maintenance of apumping and treatment system for the on-site lagoonsuntil the final remedy is implemented. As of theeffective date of this Consent Order, Respondents tothis Consent Order, along with General BatteryCorporation, Berks Sanitary Landfill, Inc., BerksLandfill Corporation, and Robert DeMeno, have beenundertaking the actions required by the above -referenced Unilateral Order.

AB. All substances referenced in Paragraphs S, T, w, X, Y,and Z of this Section are hazardous substances asdefined in Section 101(14) of CERCLA, 42 U.S.C.§9601(14).

AC. Toxicological properties of the substances listed inparagraphs S, T, W, X, Y, and Z of this Section aredescribed in the "Handbook of Toxic and HazardousChemicals and Carcinogens" (2nd Edition, by MarshallSittig, Noyes Publications, Park Ridge, NJ. USA, 1935)and "Chemical, Physical and Biological Properties ofCompounds Present at Hazardous Waste Sites, FinalReport", prepared for EPA by Clement Associates, Inc.,September 27, 1985, relevant excerpts of which areincluded in the Administrative Record for this ConsentOrder.

XV. BPA»S CONCLU9ION9 OF LAW

EPA has made the following Conclusions of Law, whichRespondents do not admit:A. The Berks Landfill Site is a "facility" as defined by

Section 101(9) Of CERCLA, 42 U.S.C. 9601(9).

B. The Respondents are "persons" as defined by Section101(21) Of CERCLA, 42 U.S.C. S 9601(21).

AR30Q825

> •• ;consent Order for RI/FS 13 Docket No.: XXX-90-32-DCfor the Berks Landfill Site

C. "Hazardous substances", as defined in Section 101(14)of CERCLA, 42 U.S.C. 9601(14), have been disposed of atthe Berks Landfill site and are present there.

D. The presence of hazardous substances at the Site andthe past, present and/or potential migration ofhazardous substances at or from the Site constitutes anactual and/or threatened "release" as defined inSection 101(22) Of CERCLA, 42 U.S.C. § 9601(22).

V. EPA'S DETERMINATIONS

Based on the Findings of Fact and Conclusions of Lawset forth above, EPA has made the followingdeterminations which the Respondents do not admit:

A. The actions required by this Consent Order arenecessary to protect the public health and welfare andthe environment.

B. EPA has determined that Respondents are qualified toconduct,the RI/FS within the meaning of Section 104(a)

v, of CERCLA and will carry out the work properly andpromptly if the Respondents comply with Section VIII ofthis Consent Order.

C. EPA's approval of actions taken pursuant to thisConsent Order shall constitute a determination by EPAthat such activities are consistent with the NCP,provided such activities are conducted in compliancewith the requirements of this Consent Order and are inconformity with all approvals made by EPA pursuant tothis Consent Order, including all modifications.

VI, PARTIES BOUND

A. ' This Consent Order shall apply to and be binding uponEPA, its agents, successors, and assigns andRespondents, their agents, successors and assigns. Nochange in ownership or corporate or partnership statusof the Respondents or the Site will in any way alterthe status of the Respondents or their responsibilitiesunder this Consent Order.

B. In the event of any change in ownership or control ofRespondents, Respondents shall notify EPA, in writing,no later than ten (10) business days after such change,of the nature and jdate of such change. Each Respondentshall provide a copy of this Consent Order to each

AR300826

consent order for RX/FS 14 Dooket No.i III-90-32-DCfor the Berks Landfill Site

successor, regardless of the structure of the corporateacquisition, before the proposed change becomesirrevocable.

C. In the event that Respondents learn of any change orproposed change in ownership or control of the Site,Respondents shall notify EPA verbally, within two (2)days after Respondents become aware of the change orproposed change, of the name, address and telephonenumber of the transferee in interest, the proposed dateof the transfer, and the nature of the proposedtransfer or change. Written notification c the changeor proposed change shall b; made no later t n ten (10)days after the Respondents become aware of <e changeor proposed change. Respondents shall provide a copyof this Consent Order to the transferee in interestwithin seven (7) days of the date on which Respondentslearn of any such change or proposed change.

D. The Respondents shall provide a copy of this ConsentOrder to all contractors, sub-contractors,laboratories, consultants, and supervisory personnelretained to conduct or monitor any portion of the workperformed pursuant to this Consent Order within one (1) ,week of the effective date of this Consent Order or ontheir date of retention, whichever is later, and shallcondition all such contracts on compliance with theterms of this Consent Order. Notwithstanding the termsof any contract, each Resp•:. '.ant is responsible forcomplying with this Consen srder and for ensuring thatall contractors, subcontra; cs, laboratories,consultants, supervisory p« -annel and agents performall work in a manner consistent with the terms of thisConsent Order.

E. Respondents are jointly and severally responsible forcarrying out all actions required by this ConsentOrder.

F. In the event that EPA determines that there are non-signatory parties that are potentially responsibleparties under Section 107(a) of CERCLA, 42 U.S.C.§9607(a), for the work required by this Consent Order,EPA agrees that, subject to its enforcement discretion,which shall not be subject to judicial review, it mayconsider including such par--.as within this ConsentOrder or a separate Order, i requiring suchadditional potentially reap uible parties toparticipate with Respondent.- in the work required by _this Consent Order.

'

AR300827

Consent order for RI/FS 15 Docket No.: III-90-32-DCfor the Berks Landfill Site

VXX. NOTICE TO THE COMMONWEALTH

By providing a copy of this Consent Order to theCommonwealth of Pennsylvania, EFA is notifying theCommonwealth of Pennsylvania that this Consent "Order isbeing issued.

VXXX. WORK TO BE PERFORMED

A. Respondents shall perform a Remedial Investigation/Feasibility Study (RI/FS) at the Site, in accordancewith the requirements of CERCLA, the NCP, this ConsentOrder (including any EFA-approved documents submittedas a requirement of this Consent Order) and relevantEPA guidance documents. Respondents may request at anytime whether a specific guidance constitutes relevantand current EPA guidance under this Section VIII, "WorkTo Be Performed".

B. All response work performed pursuant to this ConsentOrder shall be under the direct supervision ofqualified personnel.

1. Within fourteen (14) calendar days after theeffective date of this Consent Order, Respondentsshall notify the EPA in writing of the identityand qualifications of the primary contractor(s) ,and/or supervisory personnel to be used incarrying out the work to be performed pursuant tothis Consent Order. Respondents have a continuingobligation to notify EPA of selection ofcontractors, subcontractors or supervisorypersonnel, and to provide EPA with the identityand qualifications of contractors, subcontractorsand supervisory personnel, and any addition orchange, hired to do work pursuant to this ConsentOrder, within 10 days of such addition or change.

2. EPA may, in its discretion, disapprove of the useof any contractor, subcontractor and/orsupervisory personnel EPA considers to beunqualified or otherwise unable to perform thework, or to continue to perform any part of thework required by this Consent Order. EPA shallnotify the Respondents of any such disapproval. Inthe event of a disapproval, Respondents shallnotify EPA within twenty-one (21) days of receiptof such disapproval of the identity and

. qualifications of the person, contractor,

&R300828

consent order for RX/FS 16 Docket No.: III-90-32-DCfor the Berks Landfill Site

subcontractor or supervisory personnel that willreplace the one that was disapproved.

3. In the event EPA subsequently disapproves of any. replacement contractor, subcontractor orsupervisory personnel, EPA reserves the right toconduct a complete RI/FS, in accordance withparagraph (C), below, and to seek reimbursementfrom Respondents and/or other parties for suchwork.

4. EPA will provide Respondents with a notice ofacceptance with respect to the prime contractorand/or supervisory personnel of which Respondentsnotify EPA of pursuant to paragraph (3)(1), above.This shall not interfere with EPA's right tosubsequently disapprove of any such contractor.

C. Work shall be performed in accordance with the terms,conditions and schedule of an RI/FS Work Plan(hereinafter "Work Plan") to be submitted byRespondents within sixty (60) days after Respondentsreceive a notice of contractor acceptance from EPA.The Work Plan, and any work conducted pursuant thereto,shall be consistent with the NCP, and with all relevantEPA guidance and regulations. The Work Plan shallinclude, but not be limited to:

1. a comprehensive summary of known site conditions;2. a discussion of data gaps;3. methodology and logistics for obtaining

information in order to meet the objectives of theRI/FSi

4. data quality objectives;5. format (i.e., computer disc or equivalent) for

presentation and transmittal of RI data toassist EPA's preparation of the RiskAssessment;

6. a sampling and analysis plan (including a FieldSampling Plan and a Quality Assurance ProjectPlan);

7. health and safety plan;

AR300829

Consent order for RI/FS 17 Docket No.t XXX-90-32-DCfor the Berks Landfill Site

8. a plan for identifying and characterizing allecological zones and potential receptors, andthe laboratory testing methods (e.g.,bioassays) to be used to evaluate impacts tobiological systems; .

9. strategy for identifying the need for andcarrying out of treatability studies, theelements of which are described in paragraph(H) (3) below;

10. a preliminary listing and discussion of applicableand relevant and appropriate requirements("ARARs"), a plan for refinement of ARARsthroughout the RI/FS process, including proposedclean-up levels; and

11. a schedule for expeditious completion of the RIand FS Work and Reports, including projectedstart-up and delivery dates for milestone fieldwork, treatability studies, (if EPA deemsapplicable), written reports (including a draftand final RI and FS Reports), and for meetingswith EPA to present progress information about theSite.

Upon request of Respondents, EPA will confer with theRespondents for the purpose of "pre-scoping" the WorkPlan and for the discussion of relevant EPA guidancedocuments and policies regarding the conduct of anRI/FS and to discuss the data which needs to becollected by the Respondents in order to allow EPA tocomplete a Risk Assessment for the Site. Any delays inthe holding of such a meeting shall not excuse anydelay in Respondents' obligation to comply with theproject schedule.

D. EPA shall notify Respondents in writing of EPA'sapproval or disapproval of the Work Plan. Failure ofRespondents to provide an RI/FS schedule that reflectsan expeditious project length will be a reason fordisapproval of the Work Plan. In the event that EPAnotifies Respondents of EPA's disapproval of the WorkPlan, such notice shall identify the deficiencies andprovide the rationale supporting such disapproval.

E. In the event of Work Plan disapproval Respondentsshall, within thirty (30) days of receipt of the EPAnotice, revise the Work Plan to respond to and/or

. correct the deficiencies in the Work Plan and resubmit

&R300830

consent order for RX/FS 13 Docket No.: III-90-32-DCfor the Berks Landfill Site

the revised Work Plan to EPA. Within this thirty (30)day period, Respondents shall have an opportunity toconfer or meet with EPA regarding the Work Plandeficiencies.

F. EPA shall notify Respondents in writing of EPA'sapproval or disapproval of the revised Work Plan andthe reasons for such disapproval. Disapproval of therevised Work Plan may trigger the consequences setforth in paragraph (N), below.

G. Upon approval by EPA, the Work Plan shall beincorporated into this Consent Order and the terms andschedules in the Work Plan shall become requirementsof this Consent Order.

H. Respondents shall implement the EPA-approved Work Planaccording to its approved terms, conditions andschedules, and shall prepare and submit the RI and FSReports for EPA's review as specified in the Work Planand its accompanying schedule. The Work shall includethe following elements:

1. An BI Report which includes, but is notnecessarily limited to, (a) a site history(including past operations and releases), (b) asummary of previous investigations and cleanupactions, (c) a site description (includingphysical setting, climate, surface water hydrologyand quality, geology, soils, hydrogeology andecology), (d) all chemical concentration datacollected during the RI (including data collectionmethods, maps of sample locations, summary datatables, and a copy of chemical data in a computer-readable format), and (e) a summary of potentiallyexposed populations (including locations, currentland uses, alternative future land and uses,activity patterns, and subpopulations of potentialconcern).

2. An F3 Report which utilizes the Risk Assessmentprepared by EPA and which develops an appropriaterange of waste management options that areevaluated through the development and screening ofalternatives. The report shall contain acomparative analysis of remedial alternativesagainst the nine criteria evaluation as describedin EPA's RI/FS guidance.

AR30083I

consent Order for RI/FS 19 Docket No.: III-90-32-DCfor the Berks Landfill Site

3. Tre&tability Studies: Respondents shall'conducttreatability studies, except where Respondents candemonstrate to EPA's satisfaction that they arenot needed. Major components of the treatabilitystudies include determination of the need for andscope of studies, the design of the studies, andthe completion of the studies. If EPA determinesthat treatability testing is required, Respondentsshall provide EPA with the following deliverables:(a) an Identification of Candidate TechnologiesMemorandumP which shall identify candidateremedial technologies;

(b) a Treatability Testing Statement of Work?

(c) a Treatabilitv Testing Work Plan, which shallinclude an expeditious schedule, sampling andanalysis plan and a health and safety plan; and(d) a Treatability Study Evaluation Report, inaccordance with the Treatability Testing Statementof Work and Work Plan.

If EPA disapproves of or requires revisions to theIdentification of Candidate Technology(ies) Memorandum,the Statement of Work, the Treatability Testing WorkPlan and/or the Treatability Study Evaluation Reportin whole or in part. Respondents shall amend and submitto EPA a revised Memorandum, Statement of Work, WorkPlan or Report which is responsive to EPA's comments.The revised Memorandum, Statement of Work, Work Plan orReports are due to EPA within thirty (30) days ofreceiving EPA's comments on such deliverables.

I. Beginning thirty (30) days subsequent to the date onwhich the Work Plan identified in (C) above isapproved by EPA, the Respondents shall provide EPA witha progress report for each preceding calendar month bythe tenth (I0th) day of the following month. At aminimum, these progress reports shall include:1) a description of the actions that have been taken

toward achieving compliance with this consentOrder and the tasks set forth in the approved WorkPlan;

2) all results of sampling, tests, analytical data(whether or not it has undergone QualityAssurance/Quality Control ("QA/QC") review and

ftR3Q0832

Consent Orler for RX/FS 20 Docket No.: XXX-90-32-DCfor the Berks Landfill Site

interpretations) and all other informationreceived by the Respondents pursuant to thisConsent Order;

3) a description of all data anticipated andactivities scheduled for the next 30-day period;and

4) a description of any problems encountered, anyactions taken or to be taken to remedy or mitigatesuch problems, and a schedule of when such actionswill be taken.

J. The Respondents shall meet and/or consult with EPAtechnical representatives within 7 days after receivingapproval of the Work Plan to facilitate execution ofthe Work Plan. EPA may, in its discretion, waive themeeting and/or consultation if it determines that thetechnical issues were resolved during the pre-scopingor the scoping meetings.

K. Not less than 30 days prior to submittal of the draftRI report to EPA, Respondents and their contractor(s)shall make a presentation to EPA at which Respondentsshall discuss the RI Report, including its findings,and the format in which the Respondents will provideEPA with data it needs to prepare the Risk Assessmentat the same time the final RI Report is submitted. TheRespondents shall present to EPA a summary of theavailable documentation supporting the data at themeeting (except for data supplied by EPA or itscontractors). If, following the presentation byRespondents and their contractor(s), or subsequentthereto, EPA requests, in writing, any additionalinformation or documentation regarding any aspect ofthe presentation or the work performed under the WorkPlan, Respondents shall provide such information to EPAwithin thirty (30) days of receipt of the writtenrequest subject to paragraph XIII (B) ("Sampling andData/Document Availability"), below.EPA shall provide a copy of its Risk Assessment to theRespondents for their review and comment. Comments onthe Risk Assessment, if any, are due to EPA withinthirty (30) days of the Respondents' receipt of thereport from EPA. EPA shall consider and respond tocomments submitted by Respondents within such thirty(30) day period and shall issue a final RiskAssessment. EPA's decision whether to make anymodifications to the Risk Assessment based on anycomments submitted*by Respondents shall be in its

SR300833

Consent Order for RX/F8 21 Docket No.s XXI-90-32-DCfor the Berks Landfill Site

discretion. Any such response by EPA is not subject toDispute Resolution (Section XVII).

Not more than thirty (30) days after receiving EPA'sfinal Risk Assessment, Respondents and theircontractors shall make a presentation to EPA at whichRespondents shall discuss the matters which will beaddressed in the draft FS Report, includingalternatives to be evaluated and proposed cleanuplevels. Respondents shall be prepared at such meetingto present a summary of the data supporting theirfindings. If Respondents do not submit comments onEPA's original Risk Assessment, Respondents shall makethe presentation within forty-five (45) days ofRespondents' receipt of EPA's original Risk Assessmentfrom EPA.

L. EPA shall review the draft RI and FS Reportssubmitted to it by Respondents. EPA shall notifyRespondents in writing of its approval ordisapproval of these reports or of any partthereof. In the event of any disapproval, EPA shallspecify the deficiencies in writing and provide therationale supporting such disapproval. Within thirty(30) days after receipt of notification of such draftreport disapproval, the Respondents shall amend andsubmit to EPA a final report that responds to and/orremedies the specified deficiencies. If EPAdisapproves of the final report or if the finalreport does not fully reflect EPA's directions forchange, EPA shall either: (1) allow Respondents anadditional opportunity to submit an acceptable finalreport; or (2) complete all or part of such finalRI or FS in lieu of Respondents, in which case EPAreserves the right to seek reimbursement for thecosts thereof under CERCLA §107(a) and/or any otherappropriate relief. EPA shall advise Respondentsof its decision to proceed under (1) or (2), above.EPA's decision shall be based on its sole discretionand shall not be subject to review.

M. EPA and Respondents recognize that, while undertakingan RI/FS, certain information and/or knowledge aboutthe Site or technology or investigative methods mayarise from public meetings, data collection, etc., thatmay require modification to the Work Plan or to thefield work. Minor modifications to the requirements ofthe Work Plan, that is, those that do not materiallyaffect the nature, scope or timing of the Work to be

,. done, may thus be made by the Project Managers (asdefined in Section X below). Such minor modifications

flR3QQ831*

consent Order for RI/FS 22 Docket No.: III-90-32-DCfor the Berks Landfill Site

must be made in conformance with Paragraph XXV(B)("Subsequent Modifications"), below.

N. In t;he event EPA disapproves of a proposed contractor,subcontractor, supervisory personnel, the Work Plan,the revised Work Plan or the RI or FS Reports or therevised RI or FS Reports, under paragraphs (B), (D),(F) or (M), above, EPA reserves the right to conduct acomplete RI/FS, or any portion thereof, in accordancewith the requirements of CERCLA and the NCP, and toseek reimbursement of its costs pursuant to CERCLA§1< ?, 42 U.S.C. §9607, and/or to seek any otherap opriate relief. If EPA exercises its right topet,arm any portion of the RI/FS, Respondents will bereleased from any further obligation under this ConsentOrder to prepare such portion of the RI/FS.Respondents shall not be released, however, from anyobligations under this Consent Order to implement anyportion of the RI/FS which EPA does not exercise itsright to perform. Respondents shall not by releasedfrom any other obligations under this Consent Order,nor shall they be released from any liability incurredunder Section 107(c)(3) of CERCLA, 42 U.S.C.§9607(c)(3).

O. EPA reserves its right to disapprove of work performedby tha Respondents and reserves its right to requestthat -ispondents perform response actions in additionto those required by, or as modified in the approvedWork Plan, if it determines that such actions arenecessary and that Respondents are qualified and cancarry out such actions properly and promptly. In theevent that Respondents decline to perform suchadditional and/or modified actions, EPA reserves theright to undertake such action(s) and to seekreimbursement of its costs and/or to seek any otherappropriate relief. Respondents' decision not toundertake such additional work shall not be deemed aviolation of this Consent Order and shall not subjectRespondents to stipulated penalties hereunder.

P. In addition, SPA reserves the right to undertakeremoval and/or remedial actions at any time that suchactions are appropriate under the NCP and to seekreimbursement for any costs incurred or seek any otherappropriate relief.

Q. A responsible corporate official or a duly authorizedrepresentative of Respondents shall sign the final RIand FS Reports, aftd shall sign a certification tocertify that the information contained in the RI and FS

AR300835

Consent Order for RI/FS 23 Docket No.s III-90-32-DCfor the Berks Landfill Site

Reports is true, accurate and complete to the best ofhis knowledge, information and belief.1) A responsible corporate official means: (a) A

president, secretary, treasurer or vice-presidentof the corporation in charge of a principalbusiness function, or any other person whoperforms similar policy or decision-makingfunctions for the corporation, or (b) the managerof one or more manufacturing, production, oroperating facilities employing more than 250persons or having gross annual sales orexpenditures exceeding $35 million (in 1987dollars when the consumer Price Index was 345.3),if authority to sign documents has been assignedor delegated to the manager in accordance withcorporate procedures.

2) A person is a "duly authorized representative"only if:(a) The authorization is made in writing by aperson described in paragraph (I), above;(b) The authorization specifies either anindividual or a position having responsibility foroverall operation of the regulated facility oractivity. (A duly authorized representative maythus be either a named individual or anyindividual occupying a named position); and(c) The written authorization is submitted to theProject Manager designated by EPA pursuant toSection X ("Designated Project Managers") of thisConsent Order.

R. A certification of a responsible corporate official or. a duly authorized representative of Respondentsrequired by Paragraph Q of this Section VIII, above,shall be in the following form:

I certify that, the information contained in oraccompanying this [type of submission] is true,accurate, and complete.As to [the/those] identified portion(s) of this[type of submission] for which X cannot personaalyverify [its/their] accuracy, X certify underpenalty of law that this [type of submission] andall attachments were prepared in accordance with

~ .procedures designed to assure that qualified

AR300836

ent order for RI/FS 24 Docket No.: XXX-90-32-DCfor cae Berks Landfill Site

personnel properly gather and evaluate theinformation submitted. Based on my inquiry of theperson(s) directly responsbile for gathering theinformation, or the immediate supervisor of suchperson(s), the information submitted is, to thebest of my knowledge and belief, true; accurate,and complete. I am aware that there aresignificant penalties for submitting falseinformation, penalties for submitting falseinformation, including the possibility of finesand imprisonment for knowing violation.

Signature:Printed Name:Title:

IX. PUBLIC COMMENT

Upon approval by EPA of the final FS Report, EPA will makethe administrative record for the proposed remedial action,including the RI and FS Reports and the Risk Assessment,available to the public for review and comment for, at aminimum, a thirty day period, pursuant to 40 C.F.R.§300.430. Following the public review and comment period,EPA will notify the Respondents which remedial actionalternative (s) is selected for the Site.

X. PB8IQNATBD PROJECT MANAQBRfl

A. Within seven (7) days of the effective date of thisConsent Order, EPA and the Respondents shall eachdesignate a Project Manager. EPA's Project Managershall have the authorities specified in 40 C.F.R.SS300.120 and 300.430. Each Project Manager shall beresponsible for overseeing the implementation of thisConsent Order. To the maximum extent possible,communications between the Respondents and EPA, and alldocuments, including reports, approvals, and othercorrespondence concerning the activities performedpursuant to the terms and conditions of this ConsentOrder, shall be directed to the Project Managers bycontrolled or certified mail, return re<- ipt requested,or an express service which provides a r ceipt ofdelivery with copies to such other persona as EPA, theState and Respondents may respectively designate.

AR300837

consent Order for RI/FS 25 Docket No.t IXX-90-32-DCfor the Berks Landfill Site

B. EPA and the Respondents shall each have the right tochange their respective Project Manager(s). Suchchange shall be accomplished by notifying the otherparty in writing at least 5 days prior to the change.

*

C. The EPA-designated Project Manager shall have theauthority to, inter alia, halt, codify, conduct, ordirect any tasks required by this Consent Order and/orundertake any response actions or portions thereof whenconditions present or may present a threat to publichealth or welfare or the environment as set forth in 40C.F.R. § 300.415.

D. The absence of the EPA Project Manager from the areaunder study pursuant to this Consent Order shall not inand of itself be cause for the stoppage or delay ofwork.

E. On or before the effective date of this Consent Order,EPA will arrange for a qualified person to assist it inoverseeing and reviewing the conduct of the RI/FS asrequired by Section 104(a) of CERCLA, 42 U.S.C.§9604(a)("oversight representatives").•

XX. SITE ACCESS

A. To the extent that property included in the area understudy pursuant to this Consent Order is presently ownedor controlled by parties other than Respondents, theRespondents shall use best efforts to obtain Siteaccess agreements from the present owners and/orlessees, as appropriate, as soon as possible but nolater than twenty (20) days of receipt of approval ofthe Work Plan. Such agreements shall providereasonable access as detailed in paragraph (C) below,for performance of RI/FS activities for EPA, itsauthorized representatives, oversight representatives,representatives of the Commonwealth and the Respondentsand its authorized representatives. In the event thatany property owner or lessee, as appropriate, refusesto provide such access or access agreements are notobtained within the time designated above theRespondents shall so notify EPA, in writing, within ten(10) calendar days of such refusal or failure to obtainaccess regarding all efforts undertaken to obtainaccess and the failure to obtain such agreements. EPA.solely in its discretion, may then take steps toprovide such access. If EPA does not take steps toprovide such access*or is unable to obtain such access,the Respondents to this Consent Order shall modify the

AR300838

consent Order for RX/73 _j Docket No.i xxx-90-32-Dcfor the Berks Landfill Site

Work Plan, if necessary, to reflect such lack of accessin accordance with Section XXV ("SubsequentModification"). Respondents shall submit the modifiedWork Plan reflecting the necessary changes to EPA forapproval.

3. Best efforts as used in this section shall include, ata minimum, but shall not be limited to, a certifiedletter from Respondents to the present owners of suchproperty requesting access agreements to permitRespondents and EPA and its authorized representativesto access such property.

C. EPA and its authorized representatives, including itsoversight representatives and the Commonwealth, shallhave the authority to enter and freely move about allproperty subject to this Consent Order to whichRespondents have access at all reasonable times for thepurpose of, inter alia: inspecting records, operatinglogs, and contracts related to the Site; reviewing theprogress of the Respondents in carrying out the termsof this Consent Order; conducting such tests as EPAdeems necessary; using a camera, sound recording orother documentary type equipment; and verifying thedata submitted to EPA by the Respondents.

D. EPA and/or its authorized representatives shall have,for the purposes specified in Paragraph C of thiss stion, above, the authority to enter, at allr .sonable times, all areas at which records related tot \ performance of the RI/FS are retained. TheRespondents shall permit such persons to inspect andcopy all records, files, photographs, documents, andother writings, including all sampling and monitoringdata, in any way pertaining to work undertaken pursuantto this Consent Order. Confidentiality claims for anymaterial so copied may be asserted in accordance withSection XIII ("Sampling and Document/DataAvailability") of this Consent Order. Respondentsshall not assert as privileged analytical, samplingand/or monitoring data. In the event that EPA wishesto inspect or copy any document(s) pursuant to thisSection, and Respondents withhold such document(s)pursuant to a privilege recognized under the FederalRules of Civil Procedure or Evidence, Respondentsshallidentify the dc -ument, tha privilege claimed and thebasis therefor ...a writing. Nothing herein shall beinterpreted as Limiting the inspection and informationgathering authority of EPA under Federal law.

AR3Q0839

Consent Order for RI/FS 27 Docket No.: III-90-32-DC_ for the Berks Landfill Site

E. In the event that EPA takes over the work pursuant toSections VIII (L), (N) or (0), above, and/or XII (D),below, Respondents agree to allow EPA and itsauthorized representatives whatever access to the SiteRespondents' have obtained pursuant -to this ConsentOrder or otherwise, for the purpose of conducting anyor all of the RI/FS, including, but not limited to,carrying out the activities specified in (C), above.

F. If a Respondent acquires title to or control over anyportion of the Site to which it does not presently holdtitle or control, EPA shall have access rights to suchproperty as specified in this Section.

G. Nothing herein shall be interpreted as limiting theRespondents' rights to assert any privileges availableunder the Federal Rules of Civil Procedure or Evidence,including, but not limited to, attorney-client andattorney work product privileges.

XXX. QUALITY ASSURANCB

A. While conducting sampling and analysis under the WorkPlan, the Respondents shall implement qualityassurance, quality control and chain of custodyprocedures in accordance with "Guidance for ConductingRemedial Investigations and Feasibility Studies underCERCLA", OSWER Directive 9355.3-01 (1988) and technicaldirection received from EPA at the meeting(s) describedin section VIII(K) ("Work to be Performed"), above,including but not limited to quality assurance, qualitycontrol and chain of custody procedures in accordancewith the guidance provided in "EPA NEIC Policies andProcedures Manual," dated May 1978, revised November1984, EPA 330/978-001-R; "Interim Guidelines andSpecifications for Preparing Quality Assurance ProjectPlans," December 1980QAMS-005/80; "A Compendium ofSuperfund Field Operations Methods," December 1987,OSWER Directive 9355-0-14; and "Data Quality Objectivesfor Remedial Response Activities," March 1987, OSWERDirective 9355.0-7B, while conducting all samplecollection and analysis activities required by thisConsent Order.

B. The Respondents shall consult with EPA in planning for,and prior to, all sampling and analysis required by theapproved Work Plan. Further, as set forth in SectionVIII ("Work to be Performed") of this Consent Order,

. Respondents shall not commence sampling until EPA

AR3008(fO

consent order for HI/73 23 Docket No.: XIX-90-32-DCfor the Berks Landfill Site

approves of the Work Plan except to the extent suchsampling is necessary for the preparation of the WorkPlan. Respondents shall consult with EPA in planningfor, and prior to, all sampling and analysis necessaryfor.the preparation of the Work Plan.

•

C. In order to provide quality assurance and maintainquality control regarding all samples collectedpursuant to this Consent Order, the Respondents shallat a minimum:

1.. Use a laboratory(ies) which has a documentedQuality Assurance Program that complies with EPAguidance document QAMS-005/30;

2. Ensure that EPA personnel and EPA authorizedrepresentatives are allowed access during normalbusiness hours to the laboratory(ies), records andpersonnel utilized by the Respondents for analysisof samples collected pursuant to this ConsentOrder.

3. Prepare a Quality Assurance Project Plan ("QAPjP")for the sample collection and analysis to beconducted pursuant to this Consent Order. TheQAPjP is to be submitted to the EPA ProjectManager for review and approval prior toinitiating any field investigations. The QAPjPand Field Sampling Plan ("FSP") must be submittedto EPA as part of the RI/FS Work Plan required inSection VIII(C)(5) ("Work to be Performed"),above. The purpose of the plan is to present, indetail, the data quality objectives, samplecollection procedures, and data analysis processesand the procedures to ensure that the objectivesare met. The guidances referenced in paragraph(A), above, shall be used as guidance in thepreparation of the QAPjP; additional guidance maybe provided by EPA as requested.

4. Ensure that the laboratory(ies) analyzing samplesrequired by this Consent Order use the methods andsubmit deliverables delineated in the current"Statement of Work of the EPA Contract LabProgram." (Current copies are available from theEnvironmental Services Division ("ESD") QASection, Annapolis, Maryland at (301) 266-9130.)If any parameter to be analyzed for is not one ofthe parameters for which CLP methods areavailable, or with respect to non-CLP samples asprovided in item (9), below, the laboratory

AR3008M

-. •,. ..consent Order for RI/FS 29 Docket No.: XXX-90-32-DCfor the Berks Landfill Site

shall use methods which are EFA-approved (andwhich are to be described in the QAPjP).

5. Except with respect to non-CLP samples as providedin item (9), below, ensure that thelaboratory(ies) analyzing samples pursuant to thisConsent Order agrees to demonstrate its capabilityto perform analysis in compliance with ContractLab Program requirements through the analysis ofPerformance Evaluation ("PE") samples prior toconducting any analysis. Analysis of PE samplesmay be waived if the laboratory has satisfactorilyanalyzed PE samples submitted by EPA or theappropriate state agency within the past six (6)months. Documentation of such PE sample analysismust be submitted to the EPA Project Manager forverification.

6. Conduct an audit of .the laboratory(ies) that willanalyze samples from the Site at some point duringthe time the laboratory(ies) is conductinganalyses (to be specified in the QAPjP). Theaudit will be conducted to verify analyticalcapability. Auditors shall conduct lab auditsaccording to procedures available from the ESD QASection. Audit reports must be submitted to theEFA Project Manager within fifteen (15) days ofcompletion of the audit. The Respondents mustreport serious deficiencies, including all thosewhich adversely impact data quality, reliabilityor accuracy, and take corrective actions tocorrect such deficiencies within two (2) businessdays of the time the Respondents learn of thedeficiency. Laboratories which are SuperfundContract Labs ("CLP" Labs) need not be audited.

7. Conduct at least one appropriate field audit (tobe described in the QAPjP) during initial samplingactivities to verify that field samplers arecorrectly following sampling procedures describedin the quality assurance and/or sampling plans. Areport of the field audit must be sent to the EPAProject Manager within fifteen (15) days ofcompletion of the audit. Respondents must reportdeficiencies and take corrective actions tocorrect such deficiencies within two (2) businessdays of the time the Respondents learn of thedeficiency.

AR3008<*2

consent Order for RI/FS 30 Docket No.: III-90-32-DCfor the Berks Landfill site

3. Provide data validation of analyses done by thelaboratory(ies) (to be described in the QAPjP).This data validation shall determine datausability and shall be performed in accordancewith the Functional Guidelines, for Data Review(available from ESD QA Section) for data derivedby CLP methods, or if another method is used, thedata validation shall be performed in accordancewith the QA/QC data validation criteria set forthin that method. For methods lacking QA/QC datavalidation protocols the Respondents mustestablish validation criteria such as those inSection 8 of Appendix A of the EPA Series Methodsin 40 C.F.R. Part 136. The appropriata qualityassurance data validation summary reports shall besubmitted along with sample data and summarysheets, to the EPA Project Manager at the timesample results are provided to EPA.

9. Respondents shall be permitted to use non-CLPmethods and procedures only as provided in DataQuality Objectives for Remedial ResponseActivities, OSWER Directive 9355.0-73.

D. In the event that the Respondents fail to use the QA/QCpractices and procedures as outlined herein, EPAreserves the right to conduct a complete RI/FS or anyportion thereof pursuant to its authority under CERCLAand the NCP and to seek reimbursement from anyRespondents for the costs thereof and/or to seek anyother appropriate relief, in accordance with SectionVIII ("Work to be Performed"), paragraph (N).

XXXX. SAMPLING AND DATA/DOCUMENT AVAILABILITY

A. The Respondents shall make available to EPA theresults of all sampling and/or tests or other datagenerated by the Respondents, or on the Respondents'behalf, with respect to the implementation of thisConsent Order, and shall submit all such results nolater than the date that the next monthly progressreport is due.

B. At the request of EPA, the Respondents shall allowsplit or duplicate samples to be taken by EPA and/orits authorized representatives, of any samplescollected by the Respondents pursuant to the approvedWork Plan. The Respondents shall notify EPA not lessthan thirty (30) days in advance of any such samplecollection activity. EPA shall provide, upon written

AR30G8l*3

consent Order for RI/FS 31 Docket No.: III-90-32-DCfor the Berks Landfill Site '>'L''

request by Respondents, all validated sampling data andQA/QC information generated by EPA's sampling toRespondents.

C. EPA will determine the contents of the administrativerecord file for the selection of the remedial action.Respondents must submit to EPA all non-privilegeddocuments developed during the course of the RI/FS uponwhich selection of the response action may be based.Respondents shall, on or before the date of submissionof the final FS Report, submit to EPA all documents orinformation which Respondents wish EPA to consider inthe selection of a remedy, and which Respondentsbelieve should be included in the administrative recordfor the Site remedy which EPA will develop under CERCLASection 117.

D. In the event that Respondents assert a privilege withregard to any document which EPA wishes to inspect orcopy pursuant to this Consent Order, Respondents shallidentify the document, the privilege claimed and thebasis therefore in writing. For the purposes of thisConsent Order, privileged documents are those documentsexempt from discovery in litigation under the FederalRules of Civil Procedure and Evidence. Respondentsshall not assert as privileged analytical, samplingand/or monitoring data.

E. At the request of EPA, Respondents shall provide anyof the raw data and/or field notes under its custodyor control relating to samples taken at the Site,within thirty days of receipt of such request.

F. All data, factual information and documents submittedby the Respondents pursuant to this Consent Order shallbe subject to public inspection unless at the time ofsubmission Respondents assert a confidential businessinformation or trade secret claim pursuant to appli-cable Federal law. Respondents may assert such a claimcovering information or documentation requested by orprovided under this consent Order in the mannerdescribed in 40 C.F.R. { 2.203(b). Such an assertionshall be adequately substantiated in accordance with 40C.F.R. S 2.204(e)(4) at the time the assertion is cade.Physical, sampling, monitoring and analytical datashall not be claimed as confidential by theRespondents. Further, information to be includedin the administrative record shall not be claimedas confidential. Information subject to such aclaim of confidentiality will be handled in

consent Order for RX/FS 32 Docket No.: III-90-32-DCfor tae Berks Landfill Site

accordance with the procedures set forth in40 C.F.R. Part 2, Subpart B. If no such claim ofbusiness confidentiality accompanies the informationor documentation when it is submitted or madeavailable to EPA, it may be made available to thepublic by EPA without further notice to theRespondents.

G. Nothing in this Consent Order shall be interpreted aslimiting or affecting the Respondents' right topreserve the confidentiality of attorney work productor attorney-client communications.

H. Nothing in this Consent Order shall limit EPA'sinformation gathering authority unrar Federal la .

XXV. RECORD PRESERVATION

A. . The Respondents agree to preserve, during the pendencyof this Consent Order and for a minimum of six (6)years after its termination, each record and document("record") in its possession or in the possession ofany of its divisions, officers, directors, employees,agents, contractors, consultants, successors andassigns that relate in any way to implementation ofthis Consent Order, or to hazardous substancemanagement and/or disposal at the Site, including rawdata, despite any document retention policy to thecontrary. Respondents will use b#mt efforts to obtaincopies of all records that relate .n any way to theSite and which are in the possession of its employees,agents, accountants, contractors, or attorneys. Afterthis six-year period, the Respondents shall notify EPAin writing prior to the destruction of any record thatrelates to this Consent Order. Such writtennotification of Respondents' intention to destroy anyrecord shall: (a) describe each such record, (b)indicate the nature of any privilege, as defined inSection XIII ("Sampling and Data/DocumentAvailability"), Respondents wish to assert for eachsuch record and the basis for such assertion, and (c)indicate the location of each such record.

B. Respondents shall provide EPA with a reasonableopportunity to inspect, copy and/or take possession of("access") any non-privileged record Respondentsintends to destroy, within sixty (60) days afterreceipt of Respondents' written notification of intentto destroy, EPA shall notify Respondents of its intentto access any record identified by such notification

AR3008i>5

consent order for RI/FS 33 Docket No.: III-90-32-DCfor the Berks Landfill Site ,' ' ;

("Access Notice"). Respondent may destroy any recordwhich is identified in Respondents' notice of intent todestroy, but which is not included in an EFA AccessNotice. Upon receipt of such Access Notice by EPA,Respondents shall: (a) notify EPA, in writing, withinten (10) days of receipt of such access notice fromEPA, of its intention to grant or deny EPA .access toany such record, and (b) preserve the record for areasonable period of time, under no circumstances lessthan ninety (90) days from the date EPA receives noticeof such intent to grant or deny access. If Respondentsnotify EPA that any one of them intends to deny EFAaccess to such record, and EPA fails to take judicialor administrative action to obtain access to suchrecord during such ninety (90) day period. Respondentsmay destroy the record. If EPA initiates judicial oradministrative action to obtain access to such recordwithin such ninety (90) day period, Respondents shallnot destroy such record until thirty (30) days afterissuance of a final, non-appealable decision or order,issued by an administrative body or court of competentjurisdiction, denying EPA access to such record.

C. Within 7 days of the effective date of this ConsentOrder Respondents shall designate a Primary Custodian("Primary Custodian") for all non-privileged recordswhich relate in any way to this Consent Order and shallnotify EPA of the identity of such Primary Custodian.Within seven (7) days of the effective date of thisConsent Order each Respondent shall designate, andnotify EPA of, a Secondary Custodian ("SecondaryCustodian") for all records in their respectivepossession which Respondents in good faith believe aresubject to a privilege, under the Federal Rules ofCivil Procedure or Evidence, and which relate in anyway to this Consent Order. Respondents may change anysuch Primary or Secondary Custodian of records uponwritten notification to EPA of such change.

D. Each agreement between Respondents and an agent,contractor or consultant relating to performance ofwork under this Consent Order shall require, inwriting, that such agent, contractor or consultantmaintain and preserve during the pendency of thisConsent Order, and for a minimum of six (6) years after

• its termination, all data, records and documents withinits possession which relate in any way to this ConsentOrder or to hazardous substance management and disposalat the Site.

AR3008l(6

consent Order for 1/FS 34 Docket No.: III-90-32-DCfor the Berks Landfill Site

E. Respondents shall not destroy any records relating tothis Consent Order, except in accordance with thisSection. Nothing in this Section XIV shall beconstrued to authorize Respondents to alter or destroyany document where such alteration' or destruction isprohibited by law or judicial or administrative order.Nothing in this Section XIV shall in any way limitwhatever authorities EPA may have under RCRA, CERCLA orany other law to obtain information from Respondents orany other person.

XV. DELAY IN PERFORMANCE AND STIPULATED PENALTIES

A. Except with respect to any extensions agreed to byRespondents and EPA in accordance with Section XVI("Force Majeure"), and Section XXV, ("SubsequentModification"), of this Consent Order, and except fordelays or noncompliance otherwise excused by theprovisions of this Consent Order, for each day or anyportion thereof that the Respondents fail to submit areport or document or otherwise fail to comply with the

. requirements of this Consent Order at the time and inthe manner set forth herein, or in the approved WorkPlan, including all documents made a part hereof,Respondents shall be liable for and Respondents shallpay, upon demand by EPA, the sums set forth below asstipulated penalties to EPA. Payment shall be due andowing within thirty (30) days from receipt of EPA1;demand letter. Interest at the rate of the curren.annualized treasury bill rate shall begin to accrue onthe unpaid balance at the end of the thirty-day period,in conformance with 4 C.F.R. §102.13.

B. Checks in payment of stipulated penalties shall be madepayable to the Hazardous Substance Superfund and shallbe addressed to:

EPA, Region IIIATTENTION: Superfund AccountingP.O. BOX 360515MPittsburgh, PA 15251

All payments shall reference the name of the BerksLandfill site, the Respondents' names and addresses,and the EPA docket number of this Consent Order.Copies of the transmittal letter and check shall besent simultaneously to the EPA Project Manager and tothe: Regional Hearing Cleric (3RCOO)

U. S. Environmental Protection Agency341 Chestnut BuildingPhiladelphia, PA 19107

AR30081*?

consent order for RI/FS 35 Docket No.: XXX-90-32-DC^ for the Berks Landfill Site

C. Stipulated penalties shall accrue in the amount of$1000 per day for the first seven (7) days, $3000 perday for the next fourteen (14) days, and $5000 per dayfor each day thereafter of noncompl-iance with thisConsent Order.

D. The stipulated penalties set forth in this Section donot preclude EPA from pursuing other penalties orsanctions available to EPA for failure to comply withthe requirements of this Consent Order.

E. All penalties and interest shall begin to accrue on thedate that performance is due or a violation occurs, andshall continue to accrue through the final day ofcorrection of the noncompliance, or through the dayRespondent receives written notification of EPA'sintention to exercise its right to conduct the completeRI/FS or any portion of the RI/FS, pursuant to SectionVIII ("Work To Be Performed"), above. Interest on anyunpaid stipulated penalty balance shall continue toaccrue after Respondents' receipt of such notificationuntil the unpaid stipulated penalty balance is paid.

F. Nothing herein shall prevent the simultaneous accrualof separate stipulated penalties for separateviolations of this Consent Order.

G. If the Respondents in good faith object to theimposition of stipulated penalties, they may invoke thedispute resolution procedures under Section XVII,below. However, the Respondents shall not dispute thesums set forth above as stipulated penalty amounts. Tothe extent Respondents do not prevail upon resolutionof the dispute. Respondents shall pay the penaltiesowed within thirty (30) days of receipt of theresolution of the dispute. These penalties shallinclude all penalties which accrued prior to and duringthe period of dispute. To the extent that Respondentsprevail in the dispute, no stipulated penalties orinterest will be owed for that violation.

H. Neither the filing of a petition to resolve a disputenor the payment of penalties shall alter in any wayRespondents' obligation to comply with the requirementsof this Consent order.

X. Respondents are jointly and severally liable for thepayment of stipulated penalties.

AR3008«*8

consent order for RX/FS 36 Docket No.: III-90-32-DCfor the Berks Landfill Site

J. If Respondents pay stipulated penalties for a specificevent of non-compliance with this Consent Order and EPAsubseqently recovers statutory penalties for the sameevent in Court, the statutory penalties shall bereduced by the amount of stipulated penalties paid.

»K. EPA reserves the right, in its sole discretion, which

shall not be subject to review, to waive the assessmentof all or any portion of any stipulated penalties.

XVI. FOBCB KAJBURB AND NOTIFICATION OF DELAY

A. Respondents shall perform the requirements of thisConsent Order within the time limits and manner setforth herein, unless the performance is prevented ordelayed by events which constitute a force naiauraevent. Respondents shall have the burden of provingsuch a force aaiaura event. A force raalaura event isdefined as any event arising from causes not reasonablyforeseeable and beyond the control of Respondents,which cannot be overcome by Respondents best efforts toavoid the delay, and which delays or preventsperformance by a date or manner required by thisConsent Order. Force palaura events do not includeincreased costs of performance; changed economiccircumstances; or failure to obtain or delay inobtaining any Federal, State or local permits unlessEPA determines that such failure or delay occurreddespite the Respondents' submission of a completeapplication(s), and any supplemental informationrequested by the Federal, State or local entity chargedwith issuing such permit, within & time frame thatwould permit the work to proceed in a mannercontemplated by the schedule in this Consent Order.Respondents shall have the burden of providing EPA withany information necessary to make the above-describeddetermination.

B. The Respondents shall notify EPA of any delay oranticipated delay in achieving compliance with anyrequirement of this Consent Order. Such notificationshall be made orally as soon as possible but no laterthan two (2) business days after any Respondents or anyof their agents or contractors becomes aware of suchdelay, or through the exercise of due diligence shouldhave become aware of such delay, and in writing nolater than seven (7) days after any Respondents or anyof their agents or contractors becomes aware, orthrough the exercise of due diligence should havebecome aware, of such a delay or anticipated delay.

AR3008l*9

Consent Order for RI/FS 37 Docket No.: III-90-32-DCfor the Berks Landfill Site

The written notification shall describe fully thenature of the delay, the reasons the delay is beyondthe control of Respondents (if applicable), the actionsthat will be taken to mitigate, prevent and/or minimizefurther delay, the anticipated length of the delay andthe timetable according to which the actions tomitigate, prevent and/or minimize the delay will betaken. The Respondents shall adopt all reasonablemeasures to avoid and minimize any such delay. Failureto comply with the notice provisions of this Sectionshall constitute a waiver of Respondents' right toassert a force majeure claim with respect to suchevent.

C. Any such delay that EPA determines to be a result of aforce maieure event shall not be deemed to be aviolation of Respondents' obligation(s) under thisConsent Order, and shall not make the Respondentsliable for the stipulated penalties contained inSection XV, "Delay in Performance and StipulatedPenalties", above. To the extent EPA determines that adelay in the timely completion of a requirement of thisConsent Order is caused by a force naieure event, Suchscheduled completion shall be extended for the timenecessary to complete the work on an expedited basis,up to the period of the delay directly resulting fromthe force roajeure event.

D. In the event that EPA and the Respondents cannot agreethat any delay in achieving compliance with therequirements of this Consent Order has been or will becaused by a force manure event, the dispute shall beresolved in accordance with the provisions of the"Dispute Resolution Section", Section XVII of thisConsent Order. The Respondents shall have the burdenof proving that the delay was caused by a £&x££ manureevent, the necessity of the proposed length of thedelay, and that the Respondents took all reasonablemeasures to avoid and minimize delay.

E. Modifications to this Consent Order resulting from anevent which EPA agrees constitutes a force ma-tcureevent shall be made in accordance with Paragraph XXV(A), infra, "Subsequent Modification."

F. To the extent EPA determines that a delay in the timelycompletion of a requirement of this Consent Order iscaused by a force aaHeure event, such determinationmay, but shall not automatically, justify delay intimely achievement of subsequent increments not

. othervised addressed in paragraph C of this Section.

AR300850

Consent order for RI/FS 33 Docket No.: XXX-90-32-DCfor the Berks Landfill Site

Any such determination shall be made by EPA at EPA'sdiscretion, which shall be unreviawable and not subjectto the dispute resolution procedures set forth inSection XVII of this Consent Order.

XVIX. DI8PUTB RESOLUTION

A. Except as otherwise expressly provided in this ConsentOrder, the resolution of any dispute concerning thisConsent Order between the Respondents and EPA shall bec iucted in accordance wit; his Section.

B. I che Respondents object tc .ny EPA notification oraciion under this Consent Or:; ir, the Respondents shallnotify EPA in writing of the~r objection(s) withinfourteen (14) days of receipt of such notification oraction, or within such other time period as may bespecified in this Consent Order. Said notice shall setforth the specific points of the dispute, the positionRespondents are maintaining should be adopted asconsistent with the requirements of this Consent Orderand the NCP, the basis for Respondents' position, andany matters which it considers necessary for EPA'sdetermination. Receipt by EPA of such notificationshall constitute "initiation of Dispute Resolutionprocedures" for the purposes of this Consent Order.

C. EPA and the Respondents shall have an additional 'fourteen (14) days from the initiation of DisputeResolution procedures to reach agreement. If EPAdetermines that a decision is particularly complex andthat more time is necessary for resolution, EPA can, inits discretion, provide fourteen (14) additional daysfor dispute resolution. If agreement cannot be reachedon any issue within this fourteen (14) or twenty-eight(28) day period ("the resolution period"), EPA shallprovide a written statement of its decision to theRespondents. Receipt of such Statement of decision byRespondents shall constitute "resolution" of thedispute as that term is used in this Consent order.All documents and materials submitted or exchangedduring the dispute resolution process shall beconsidered by EPA for inclusion in the administrativerecord.

D. Following resolution of the d:sputa, Respondents shallperform the work that was the subject of the dispute inaccordance with EPA's decision.

AR30085I

^consent order for RI/FS 39 Docket No.: III-90-32-DCfor the Berks Landfill Site

E. Notwithstanding any other provisions of this ConsentOrder, no action or decision by EPA pursuant to thisConsent Order shall constitute final agency actiongiving rise to any right to judicial review prior toEFA's initiation of judicial action to compelcompliance with this Consent Order.

F. The existence of a dispute, as defined in this Section,and EPA's consideration of matters placed into dispute,shall not excuse, toll or suspend any complianceobligation or deadline required pursuant to thisConsent Order during the pendency of the disputeresolution process.

G. The existence of a dispute under this Section shall notexpand the time frame for completing particular tasksunder this Order or the Work Plan. Thus, in the eventthe Respondents prevail in the dispute, the task mustbe completed in the remaining amount of timeoriginally specified in the Order or Work Plan unlessthe time frame is formally modified through the disputeresolution process.

H. While a matter is under dispute, stipulated penaltieswill continue to accrue, if applicable, in accordancewith Section XV ("Delay In Performance And Stipulatedpenalties") .

XVIII. RESERVATION Of RIGHTS

A. Except as expressly provided in this Consent Order, (I)each party reserves all rights and defenses it mayhave, and (2) nothing herein shall prevent EPA fromseeking legal or equitable relief to enforce the termsof this Consent Order, including but not limited to theright to seek injunctive relief, and imposition ofstatutory penalties, fines and/or punitive damages.Nothing in this Consent Order shall affect EPA'sremoval authority or EPA's response or enforcementauthorities including, but not limited to, EPA's rightto seek injunctive relief, stipulated penalties,statutory penalties, and/or punitive damages.Respondents reserve all rights they may have, which arenot otherwise waived in this Consent Order, to opposeand defend against such claims and actions and toassert any and all claims they may have against EPAand/or any person or governmental agency.

AR300852

consent Order for RX/FS 40 Dooket No.: XXX-90-32-DCfor the Berks Landfill Site

B. Compliance by Respondents with the terms of thisConsent Order shall not relieve Respondents of theirobligation to comply with applicable local, State orFederal laws and regulations.

C. As provided by this Consent Order, EPA expresslyreserves its right to disapprove of actions taken bythe Respondents pursuant to this Consent Order and workperformed by the Respondents, and reserves its right torequest that the Respondents perform response actionsin addition to those required by the approved Work Planincluding approved modifications thereto, if itdetermines that such actions are necessary. In theevent that Respondents choose to perform suchadditional tasks, the approved Work Plan shall bereviewed and revised accordingly and the schedule forcompletion of the work set forth in the Work Plan shallbe modified to the extent necessary to accommodate thaperformance of additional tasks. In the event that thaRespondents decline to perform such additional actions,EPA reserves the right to undertake such actions. Inaddition, EPA reserves the right to undertake removaland/or remedial actions at any time that such actionsare appropriate under the NCP, to seek reimbursementfor any costs incurred and/or to seek any otherappropriate relief, including requiring Respondents toperform such actions. Further, EPA reserves the rightto bring an action against Respondents under section107 of CERCLA for recovery of all response costs,including oversight costs, incurred by tha UnitedStates at the Site not reimbursed by the Respondents.The Respondents reserve all rights they may have tooppose and defend against such claims and actions andto assert any and all claims and actions and to assertany and all claims they may have against EPA and/or anyperson or governmental agency, which are not otherwisewaived herein. Respondents' decision not to undertakeadditional work shall not be deemed a violation of thisConsent Order and shall not subject Respondents tostipulated penalties hereunder.

D. If EPA requests, Respondents shall incorporate andintegrate information supplied by EPA into the final RIand FS Reports.

. •

E. Following termination of this Consent Order, pursuant toSection XXX, l~ *low, Respondents shall have resolvedtheir liabili to EPA for the performance of the RI/FSfor the Site it is the subject of this Consent Order.except for the s aspects of the RI/FS that survive thetermination of thitf Consent Order pursuant to Section

AR300853

T•/f

consent order for RI/FS 41 Docket No.: XXX-90-32-DCfor the Berks Landfill Site

XXX, below. The Respondents are not released fromliability, if any, for any actions beyond the terms ofthis Consent Order regarding removals, other operableunits, remedial design/remedial action (RD/RA) of thisoperable unit, or activities arising pursuant toSection 121(C) Of CERCLA.

XXX. REIMBURSEMENT OF COSTS

A. Following each annual anniversary date of this ConsentOrder, EFA shall submit to the Respondents a bill andaccounting of response costs, including oversightcosts, paid by the U.S. Government with respect to thisConsent Order. Oversight costs shall includeadministrative, enforcement, inspection andinvestigative costs pursuant to Sections 104, 106 and107 Of CERCLA, 42 U.S.C. §{ 9604, 9606 and 9607,including all costs paid by EFA, its agents orcontractors in connection with EPA's oversight of thework done by the Respondents under the terms of thisConsent Order including, but not limited to, time andtravel costs of EPA personnel and associated indirectcosts, contractor costs, costs of compiling costdocumentation, compliance monitoring, including thecollection and analysis of split samples, inspection ofRI/FS activities, site visits, interpretation ofConsent Order provisions, discussions regardingdisputes that may arise as a result of this ConsentOrder, and review and approval or disapproval ofreports.

B. Upon written request, which request must be made withinfifteen (15) days after receipt of the bill andaccounting identified in Paragraph A of this Section,above, Respondents shall have the right to inspectcertain cost documentation supporting such accounting.These supporting documents shall consist of copies ofEPA employee timesheets; EPA employee travelauthorization and reimbursement forms; copies ofapplicable indirect cost program guidance documents;copies of work authorization and completion documentsfor contractual tasks; copies of contractor invoicessubmitted to EPA for payment and treasury schedules;and copies of EPA computer printouts summarizing costdata supporting the response costs paid by the U.S.Government with respect to this Consent Order, exceptto the extent that release of such documents isprohibited by federal law or regulation (hereinafter"Supporting Cost Documentation"). EPA shall provideRespondents with written notification that such

AR300851*

consent order for RX/F8 42 Docket No.: 111-90-32-Dfor the Berks Landfill Site

Supporting Cost Documentation is available. EPA'swritten notification shall be sent by certified mail,return receipt requested.

C. In the event that Respondents do not request to inspectEPA's Supporting Cost Documentation pursuant toParagraph B of this Section, above, the amount billedshall be due and payable by Respondents no later thanforty-five (45) calendar days after receipt of the billand accounting identified in Paragraph A above, exceptin the event that Respondents object to any of thebilled costs in accordance with Paragraph E of thisSection. In the event that Respondents recnast toinspect such Supporting Cost Documentation, the amountbilled shall be due and payable no 1,ter than thirty(30) days from the date on which BPA notifiesRespondents that such documentation is available,except in the event that Respondents object to any ofthe billed costs in accordance with Paragraph E of thisSection. In the event that Respondents object to anyof the billed costs, all costs subject to suchobjection shall be due and payable in accordance withParagraph F of this Section. All payments shall bemade in the manner and to the address specified inParagraph D of this Section.

D. All payments required by this Section shall be made bycheck payable to the Hazardous Substances Superfund.Interest shall begin to accrue on any unpaid balancefrom the date on which payment is due, or bsent adispute, would -ave been due, under Paragr i C of thisSection, above. Such interest shall be calculatedbased upon the current annualized treasury bill rate.Checks should specifically reference the "BerksLandfill Site" and be addressed to:

EPA, Region IIIATTENTION: Superfund AccountingP.O. BOX 360515MPittsburgh, PA 15251

A copy of the transmittal letter and check shall besent to the EPA Project Manager, as designated pursuantto Section X, "Designated Project Managers", above, andto the EPA Region III Regional Hearing Clerk at theaddress specified in Paragraph XV (B), above.

E. In the event that Respondents object to any of thebilled costs, such objection shall be based on a goodfaith assertion that: 1) EPA's calculation of the

AR300855

consent Order for RI/FS 43 Docket No.: II1-90-32-DCfor the Berks Landfill Site '

billed costs contains a mathematical error, 2) EPA hasnot provided certain Supporting Cost Documentationwhich Respondents have the right to inspect pursuant toParagraph B of this Section, and which relates to suchbilled costs, or 3) some or all of -the billed costswere incurred in a manner inconsistent with the NCP.Respondents shall notify EPA in writing of'suchobjection by invoking Dispute Resolution procedures setforth in Section XVII, no later than thirty (30) daysfrom the date on which EPA notifies Respondents thatSupporting Cost Documentation is available.

F. Within thirty (30) days of Respondents' receipt ofEPA's written statement resolving any disputeconcerning billed costs, Respondents shall remit acheck for any outstanding costs, including interest.Interest shall begin to accrue on the date specified inParagraph D of this Section. Such interest shall becalculated based upon the current annualized treasurybill rate. EFA may, in its review or discretion, whichshall not be subject to dispute resolution, waive partor all of the interest accrued during the disputeresolution period.

G . EPA reserves the right to bring an action against theRespondents pursuant to Section 107 of CERCLA, 42U.S.C. § 9607, for recovery of all response andoversight costs incurred by the United States relatedto this Consent Order and not reimbursed by theRespondents, as well as any other costs incurred by theUnited States in connection with response actionsconducted pursuant to CERCLA at the Site. Respondentsspecifically reserve their right to fully defend suchan action, except as otherwise expressly providedherein.

H . Respondents are jointly and severally liable for thereimbursement of oversight costs.

XX. OTHER CLAIMS

A. Nothing in this Consent Order shall constitute or beconstrued as a release from any claim, cause of action,or demand in law or equity against any person, firm,

' partnership or corporation not bound by this ConsentOrder for any liability it may have arising out of orrelating in any way to the generation, storage,treatment, handling, transportation, release, ordisposal of any hazardous substances, hazardous wastes,

AR300856

consent order for RX/FS 44 Docket No.: III-90-32-DCfor the Berks Landfill Site

pollutants or contaminants found at, taken to,or takenfrom the Site.

3. This Consent Order does not constitute any decision onpreauthorization of funds under Section 111(a)(2) ofCERCLA, 42 U.S.C. § 9611(a)(2).

C. By consenting to the issuance of this Consent Order thaRespondents waive any claim to reimbursement they mayhave under Section 106(b)of CERCLA, but only withraspect to those costs incurred pursuant to thisConsent Order.

XXX. OTHER APPLICABLE LAWS

A. All actions required to be takan pursuant to thisConsent Order shall be undertaken in accordance withthe requirements of all applicable local. State andFederal laws and regulations.

B. Respondents shall, prior to any off-site shipment ofhazardous substances from the Site to an out-of-statewaste management facility, provide written notificationto the appropriate state environmental official in thereceiving state and to EPA's Designated ProjectCoordinator of such shipment of hazardous substances.However, the notification of shipments shall not applyto any such off-site shipments when the total volume ofsuch shipments will not exceed 10 cubic yards.1. The notification shall be in writing, and shall

include the following information, whereavailable: (1) the name and location of thefacility to which the hazardous substances are tobe shipped; (2) the type and quantity of thehazardous substances to be shipped; (3) theexpected schedule for the shipment of thehazardous substances; and (4) the method oftransportation. Respondents shall notify thereceiving state of major changes in the shipmentplan, such as a decision to ship the hazardoussubstances to another facility within the samestate, or to a facility in another state.

•

2. The identity of the receiving facility and statewill be determined by Respondents following theaward of the contract for the remedialinvestigation and feasibility study. Respondentsshall provide all relevant information, includinginformation under the categories noted in

AR300857

consent Order for RX/FS 45 Docket No.: III-90-32-DC^ for tbe Berks Landfill Site

paragraph (1) above, on the off-site shipments, assoon as practical after the award of the contractand before the hazardous substances are actuallyshipped.

XXII. INDEMNIFICATION OF TEE UNITED STATES GOVERNMENT

Respondents agree to indemnify and save and holdharmless the United States Government, its agencies,departments, agents, and employees, from any and allclaims or causes of action arising from or on accountof acts or omissions of Respondents or their agents,independent contractors, receivers, trustees andassigns in carrying out activities required by thisConsent Order. This indemnification shall not beconstrued in any way as affecting or limiting therights or obligations of Respondents or the UnitedStates under their various contracts.

XXXXX. LIABILITY OF THE UNITED STATES GOVERNMENT

Neither the United States Government nor any agencythereof shall be liable for any injuries or damages topersons or property resulting from acts or omissions ofRespondents, or of their employees, agents, servants,receivers, successors, or assignees, or of any persons,including, but not limited to firms, corporations,subsidiaries, contractors, or consultants, in carryingout activities pursuant to this Consent Order, norshall the United States Government or any agencythereof be held as a party to any contract entered intoby Respondents in carrying out activities pursuant tothis Consent Order.

XXXV. MISCELLANEOUS

A. Except as otherwise provided in this Consent Order, theterm "days" shall mean calendar days. If a due datefor any task or deliverable falls on a Federal holidayor weekend, the due date for that task or deliverableshall be the next working day.

B. In the event of conditions posing an immediate threatto human health or welfare or the environment,Respondents shall notify EPA and the State immediately.In the event of unanticipated or changed circumstancesat the Site, Respondents shall notify the EPA ProjectCoordinator by telephone as soon as practicable, but

AR300858

consent order for RX/FS 46 Docket No.: III-90-32-DCfor the Berks Landfill Site

under no circumstances latar than 72 hours afterdiscovery of the unanticipated or changedcircumstances. In addition to the circumstances formodification specified in the NCP, in the event thatEPA determines that the immediate .threat or theunanticipated or changed circumstances warrant changesin the Work Plan, EPA shall modify or amend the WorkPlan in writing accordingly. Respondents shall performthe Work Plan as modified or amended.

XXV. SUBSEQUENT MODIFICATION

A. This Consent Order may be amended by mutual agreementof EPA and the Respondents. Such amendments shall bein writing and shall have as their effective date, thedate on which such amendments are signed by EPA.

•

B. Minor modifications to the requirements of the WorkPlan, specifically those which do not materially orsignificantly affect the nature, scope or timing of thework to be performed, may be made by mutual agreementof the Project Managers. Any such modifications mustbe in writing and signed by both Project Managers. Theeffective date of the modification shall be the date onwhich the letter from EPA's Project Manager is signed.

C. Respondents agree that any request for modification ofthis Consent Order, whether by amendment or minormodification, shall be accT-npanied by a statemerv ofhow ich modification shal affect the Work Plarschauile.

D. Following EPA approval of a modification to a scr.idule,Respondents agree, within seven (7) days of receipt ofthe modification, to supply to EPA a revised Work Planschedule and accompanying charts which shall reflectthe approved modifications to such schedule.

E. Any reports, plans, specifications, schedules, or othersubmissions required by this Consent Order and anymodifications thereto are, upon approval by EPA,incorporated into this Consent order. Any non-compliance with such EPA-approved or modified reports,plans, specifications, schedules, or other submissionsshall be considered non-compliance with therequirements of this Consent Order and will subject theRespondents to the requirements of Section XV, "Delayin Performance/and Stipulated Penalties", above.

AR300859

consent order for RI/FS 47 Doclcet No.: III-90-32-DCfor the Berks Landfill Site M '

F. No informal advice, guidance, suggestions or commentsby EPA, other than a formal approval as specified inParagraphs (A) and (B), above, regarding reports,plans, specifications, schedules and any other writingsubmitted by the Respondents or regarding any otherrequirement of this Consent Order Will be construed asrelieving the Respondents of its obligation to obtainformal approval when required by this Consent Order,and to comply with requirements of this Order, unlessformally modified.

XXVX. NO ADMISSIONS

A. By entering into this Consent Order, or by taking anyaction in accordance with it, the Respondents do notadmit any of the findings of fact, conclusions of law,determinations or any of the allegations contained inthis Consent Order, nor do Respondents admit liabilityfor any purpose or admit any issues of law or fact or

• any responsibility for the alleged release or threat ofrelease of any hazardous substance into theenvironment. The participation of any Respondent in

. this Consent Order shall not be admissable againstRespondents in any judicial or administrativeproceeding, except for an action by the EFA to enforcethe terms of this Consent Order, or actions to whichthe EPA is a party which allege injury based, in wholeor in part, on acts or omissions of Respondents inconnection with performance under this Consent Order.However, the terms of this Consent Order andparticipation of Respondents shall be admissible in anyaction brought by Respondents to enforce anycontractual obligations imposed by any agreement amongthe Respondents.

B. It is the intent of the parties hereto that neither theterms of this Consent Order, including any allegation,finding, conclusion or determination set forth herein,nor any act of performance hereunder, shall be usedagainst Respondents as a collateral estoppel in anyadministrative or judicial proceeding with EPA otherthan a proceeding to enforce this Consent Order.

c. By signing and consenting to this Consent Order, or bytaking any actions pursuant to this Consent Order,Respondents do not concede that the RX/FS or any otherinvestigation at the Site is necessary to protect thepublic health or welfare or the environment, or for anyother reason; that the methodologies or protocolsprescribed by applicable EPA guidance or described or

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consent Order for RI/FS 43 Docket No.: III-90-32-DCfor the Berks Landfill Site

noted herein or otherwise required by the EPA forperformance of work pursuant to this Consent Order arethe only ones appropriate for the proper conduct ofthis RI/FS; or that a release or threatened release ofa hazardous waste or substance at or from the Site, orany disposal of a hazardous waste or substance at theSite, may present an imminent and substantialendangennent to the public health or welfare or theenvironment. Respondents have agreed to this ConsentOrder to provide assistance to the EPA and to avoidunnecessary conflict or litigation.

XXVXX. CONTRIBUTION PROTECTION

Pursuant to Section 113(f)(2) of CERCLA, 42 U.S.C.§ 9613(f)(2), Respondents are persons who have resolvedtheir liability to the United States in this AdministrativeOrder for the work performed pursuant to this Consent Order.Each of the Respondents agrees that if suit or a claim forcontribution is brought against it for matters covered bythis Consent Order, it will timely notify the United Statesof the institution of such suit or claim. Respondentsacknowledge that the United States has no obligation todefand them in any suit or claim for contribution. Nothingin this Consent Order shall be construed as limitingwhatever rights Respondents may have to seek contributionfrom any and all persons.

XXVIII. COVENANT NOT TO SOT

Upon termination of this Consent Order, EPA covenantsnot to sue Respondents for the performance of the RI/FSperformed by the Respondents in accordance with the terms ofthis Consent Order. This covenant not to sue shall not beconstrued to limit EPA's right to sue or take anyadministrative action against a potentially responsibleparty not a signatory to this Consent Order.

XXXX. BJTgCTIVa PATH

The effective date of this Consent Order shall be fivebusiness days following the date on which EPA mails a fullyexecuted true and correct copy to Respondents via overnightdelivery.

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consent order for RI/FS 49 Docket No.: III-90-32-DCfor the Berks Landfill Site •

XXX. TERMINATION AND SATISFACTION OP ORDER

A. When Respondents believe that all of the requirementsof this Consent Order have been completed, Respondentsshall give written notice to EFA ("Respondents'termination petition").

B. The Respondents' obligations to EPA under this ConsentOrder shall terminate and be deemed satisfied upon theRespondents' receipt of written notice from EPA,following receipt of Respondents'. termination petition,that the Respondents have demonstrated and certified,to the satisfaction of EPA, that all the terms of thisConsent Order have been completed. This notice shallnot, however, terminate Respondents' obligation tocomply with Sections XIV (Record Preservation), XVIII(Reservation of Rights), XIX (Reimbursement of Costs),and XXI (Other Applicable Laws).

IT IS SO AGREED AND ORDERED:

^ JUN261991______________ _________________EDWIN B. ERICKSONREGIONAL ADMINISTRATORU.S. EPA,REGION III

certifies that he isThe undersigned hereby eegtify that fchey age authorized toexecute this Consent Order on behalf of * and to bind

* to the terms and conditions herein.CARPENTER TECHNOLOGY CORPORATION

(.<•Date: Mav 30. 1991RESPONDENT: CARPENTER TECHNOLOGY CORP.NAME: John A. SchulerTITLE: Treasurer

Datet ___________ BY:RESPONDENT:NAME:TITLE:

Date: ____________ BY:RESPONDENT:NAME:TITLE:

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consent Order for RI/FS 49 Docket No.: XXX-90-32-DCfor the Btrks Landfill Site

ZXX. TERMINATION AND SATISFACTION OP ORDER

A. When Respondents believa that all of the requirementsof this Consent Order have baan completed, Respondentsshall give writtan notice to EPA <"Respondents'termination petition").

B. The Respondents' obligations to EPA under this ConsentOrder shall terminate and be deemed satisfied upon theRespondents' receipt of written notice from EPA,following receipt of Respondents' termination petition,that the Respondents have demonstrated and certified,to the satisfaction of EPA, that all the terms of thisConsent Order have been completed. This notice shallnot, however, terminate Respondents' obligation tocomply with Sections XIV (Record Preservation), XVIII(Reservation of Rights), XIX (Reimbursement of Costs),and XXI (Other Applicable Laws).

IT IS SO AGREED AND ORDERED: —

DATE! JUN261991 BY! QEDWIN B. ERXCKSONREGIONAL ADMINISTRATORU.S. EPA,REGION III

The undersigned hereby certify that they are authorized toexecute this Consent "rder on behalf of sen and to bind

it to the terr id conditions herein.

Date: Mav 31. 1Q91 _ BY:______________RESPONDENT: SOHOCO FIBRE DRUM, INC.NAME: C. J. HupferTITLE: Treasurer

Date: ___________ BY:RESPONDENT:NAME:TITLE:

Date: ____________ BY:RESPONDENT:NAME:TITLE:

AR300863

Consent order for RX/F0 49 Docket No.: XXX-to-32-DCfor the Berks Landfill Site

XXX. TERMINATION AND SATISFACTION OF ORDER

A. When Respondents believe that all of the requirementsof this Consent Order have been completed, Respondentsshall give written notice to EPA ("Respondents'termination petition").

*

B. The Respondents' obligations to EPA under this ConsentOrder shall terminate and be deemed satisfied upon theRespondents' receipt of written notice from EPA,following receipt of Respondents' termination petition,that the Respondents have demonstrated and certified,to the satisfaction of EPA, that all the terms of thisConsent Order have been completed. This notice shallnot, however, terminate Respondents' obligation tocomply with Sections XIV (Record Preservation), XVIII(Reservation of Rights), XIX (Reimbursement of Costs),and XXX (Other Applicable Laws).

XT IS SO AGREED AND ORDERED:

„„, JON 26 1991 ______B. ERICXSON

REGIONAL ADMINISTRATORU.S. EPA,REGION XXX

The undersigned hereby certify that they .are authorized toexecute this Consent Order on behalf of ___ and to bind_____ to the terms and conditions herein.

Date: May 31, 1991 BY:PONDEKT: The Glidden Company: Stanley A. LockitskiLE: Vice-President & General Counsel

Date I ____________ BY:RESPONDENT:NAME:TITLE:

Date: ____________ BY:RESPONDENT:NAME:TITLEt

AR3Q086U

consent Order for RX/FS 49 Docket No.: III-90-32-DCfor tae Berks Landfill Site

XXX. TERMINATION AND SATISFACTION OF ORDER

A. When Respondents believe that all of the requirementsof this Consent Order have been completed. Respondentsshall give written notice to EPA ("Respondents'termination petition").

B. The Respondents' obligations to EPA under this ConsentOrder shall terminate and be deemed satisfied upon theRespondents' receipt of written notice from EPA,following receipt of Respondents' termination petition,that the Respondents have demonstrated and certified,to the satisfaction of EPA, that all the terms of thisConsent Order have been completed. This notice shallnot, however, terminate Respondents' obligation tocomply with Sections XIV (Record Preservation), XVIII(Reservation of Rights), XIX (Reimbursement of Costs),and XXI (Other Applicable Laws).

IT IS SO AGREED AND ORDERED:

JUN261991 5DATE: BY: C*-

EDWIN B. ERICKSONREGIONAL ADMINISTRATORU.S. EPA,REGION III

The undersigned hereby certify that they are authorized toexecute this Consent Order on behalf of ____ and to bind____ to the terms and conditions herein.

Date: ____________ BY:RESPONDENT:NAME:TITLE:

Date: ___________ BY:RESPONDENT:NAME:TITLE:

Date: ____________ BY:RESPONDENT:NAME:TITLE:

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