ADMINISTRATIVE RECORD

FIL E PLAN

UNITE D STATE S ENVIRONMENTA L PROTECTIO N REGION VII I

IN THE MATTER - OF : *•

CALIFORNI A GULCH SUPERFUN D SITE , ASARCO INCORPORATED , . .-.-.,• .. ...

RESPONDENT ; •- >.- • - • . .- • : :

PROCEEDIN G UNDE R SECTIO N 106(a ) OF THE COMPREHENSIV E

ENVIRONMENTA L RESPONSE , COMPENSATION , AN D LIABILIT Y ACT , AS AMENDED , 42 U.S.C . § 9606(a )

PECTION AGENJ

?j>ri.isf • . " ——— » H.iii iiimiiiiFiJam, 9\

E PA Docket No. . . 'CERCLA-VIII-91 - J <

ADMINISTRATIV E ORDER FO R CERTAIN REMEDIAL INVESTIGATION STUDIE S

TABL E OF CONTENTS

I. ' INTRODUCTION ....................................... 4

I I . JURISDICTIO N .....................................

III . PARTIE S BOUND ....................................... 4

I V . DEFINITIONS ........................................ 

V. GENERA L PROVISIONS ................................. 5

V I. FINDING S OF FACT ................................... 6

VII . CONCLUSIONS OF LAW AND DETERMINATIONS .............. 7

VIII . NOTIC E T O STAT E .................................... 8

I.. PERFORMANC E OF WORK ................................ 8

.. MODIFICATION OF WORK PLANS .....................
X I . QUALIT Y ASSURANCE , SAMPLING , DAT A ANALYSIS , AN D AVAILABILIT Y ..............................

XII .

XIII .

XIV .

X V. . -

XVI .

XVII. -

XVIII ,

XIX .

X X .

XXI .

XXII .

XXIII .

XXIV .

XXV .

XXVI .

XXVII .

XXVIII .

XXIX .

XXX .

XXXI . Appendix A.

Exhibit 1.

..................................... 9

ACCES S ............................................. 11

PUBLI C COMMENT , ADMINISTRATIV E RECORD............. . 1 2

REPORTIN G REQUIREMENT S ............................. 13

SUBMISSIONS REQUIRIN G AGENCY APPROVAL .............. 

REMEDIAL PROJECT MANAGER.'.". ....... . . 1 .^ ............ /: ' 1 4

- ASSURANC E OF ABILITY TO COMPLETE WORK .............. 15

'CERTIFICATION. OF COMPLETION,^ TERMINATION .........

EMERGENCY RESPONS E ................................. 16

INSURANCE AND INDEMNIFICATION .................

DELAY IN PERFORMANC E ............................... 18

UNITE D STATE S NOT LIABL E ........................... 19

ENFORCEMEN T AND RESERVATIONS ....................... 19

ACCES S TO INFORMATION .............................. 2

RETENTION OF RECORDS ............................... 21

EFFECTIV E DATE ..................................... 21

COMMUNIT Y RELATIONS .........'...................... . 21

MODIFICATION ....................................

OPPORTUNITY TO CONFER .............................. 22

NOTIC E OF INTENT TO COMPLY ......................... 22

ORDER .............................................. 23

Changes to Exhibits 2, 4, 5, and 6.

Demographics Work Plan .

Exhibit 2. Final Samplin g Plan for Samplin g an d Analysi s of Lead Occurrence Withi n and Immediatel y Adjacen t to Residences.
Exhibit 3.

Exhibit 4.

Exhibit 5.

Exhibit 6.

Soi l Investigatio n Work Plan . Min e Waste Pil e Remedial Investigatio n Work Plan .

Tailin g Disposal Area Remedial Investigatio n Work Plan .

Surfac e Water , Bed Material an d Aquatic Ecosystem Data Collectio n Program Work Plan .
I . INTRODUCTIO N

1. Thi s Administrative Order directs Respondent to perfor m

certain studies toward the eventual completio n of a Remedial Investigation/Feasibilit y Stud y ("RI/FS" ) i n connection with the California Gulch Superfun d Sit e near Leadville , Lake County , Colorado.

I I . JURISDICTIO N

.,.. 2._ .Thi s .Order is issued under the authority vested in the President of the United States'b y section i06(ai ) of the ' -•• - • • Comprehensive Environmental Response, Compensation , and Liabilit y

,

:Act , 42.U.S.C, . § 9606(a) , as amended by the Superfun d Amendment s

a n d Reauthorization Ac t o'f'1'986 , Pub". L . No'. 99-499, 10 0 Stat . ''•'- 

-1613 (19863 (CERCLA.) , .Thi s authority was delegated to the Administrator o f EP A o n Januar y 23 , 1987, b y Executive Order ''- 12,580, 52 Fed . Reg. 2,926 (1987) , an d further delegated to Regional Administrators on September 13, 1987, by EPA Delegatio n N o. 14-14-C. Thi s authorit y has been further delegated to the Director of the Hazardous Wast e Managemen t Division .

III . PARTIES BOUND

3. Thi s Order shal l appl y to and be bindin g upon Respondent , its agents , successors, and assigns . Responden t is

responsible, for carrying out all actions required of it by thi s Order. No change in the ownership or corporate or other legal

status of Responden t or of the facilit y or site shal l alter Respondent' s responsibilitie s under thi s Order.

4. During the period in which thi s Order is in effect , Responden t shal l provide a copy of thi s Order to any subsequent

owners or successors before propert y rights , stock, or asset s are

transferred. Responden t shal l provide a copy of thi s Order to

a ll contractors , subcontractors, -laboratories , and consultant s

retained to conduct any work performed under thi s Order, withi n

14 days afte r the effectiv e date of thi s Order or at least 7 days

before retainin g their services, whichever is later. Responden t

shal l conditio n any such contracts upon satisfactor y compliance

with thi s Order. Notwithstandin g the terms of any contract, Respondent is responsible for compliance with thi s Order and for

ensuring that its employees , contractors, consultants ,

subcontractors, agents, and attorneys compl y with thi s Order.

I V . DEFINITION S

Unles s otherwise expressl y provided herein, terms used

in this Order which are defined in CERCLA or in regulation s

promulgated under CERCLA shall have the meaning assigned to them
in CERCLA or such regulations . For purposes of thi s Order, the

followin g terms shall have the meanings set forth below:

5. "Contractor" means any person , includin g the

contractors , subcontractors, or agents , retained or hired by Responden t to undertake any work under thi s Order.

6. "Day" means calendar day, unless otherwise specified.

7. "Deliverable" means any written product , including, but

n ot limited to, technical reports , data reports , technical

memoranda, and other documents describing the work performed or

to be performed, required to be submitted under the terms of this Order or the accompanying workplans .

8. "NCP" means the National Oil and Hazardous ' Substances <>•

Pollution-Contingenc y .Plan .promulgated..under Sectio n 105 of CERCLA , 42 U.S.C . § 9605, codified at 40 clF.R l 'Part 300, ' •

including, but not limited to, any amendments thereto.

9. "Order" means thi s Order, attachment s to thi s Order,

a nd all document s which are incorporated into this Order

accordin g to the procedures set forth herein.

1 0. "Site" means the California Gulch Superfun d Site ,

includin g the areal extent of contamination and all suitable

areas in very close proximit y to the contamination necessary for

implementatio n of the response action.

1 1. "Work" means all tasks required by this Order,

includin g all activities related to the performanc e of such

activities.

1 2. "Work plan " means one of the work plan s affixe d hereto

as Exhibit s 1 through 6, includin g changes as outlined in Appendix A. "Work plan " also includes any samplin g and analysi s

pla n prepared under this Order, and any other plan s or

modification s to any such work or samplin g and analysi s pla n

approved by EPA pursuant to this Order.

1 3. All other terms not otherwise defined herein, shal l

have their ordinary meaning unless defined in CERCLA or the NCP,

in which case the CERCLA or NCP definitio n shal l control.

V. GENERAL PROVISION S

1 4. EPA' s objective i n issuing this Order i s to require the

performance of certain RI studies in accordance with CERCLA and

t he NCP to assess site conditions.

1 5. The activities conducted under this Order are subj.ect

to approval by EPA and must be sufficien t to provide all
necessary informatio n for the RI work to be performed under this Order, and for a record of .decision that is consistent with CERCLA and the NCP. The activities conducted under this Order

shal l be conducted in compliance with CERCLA , the NCP, and all

applicabl e EPA guidance, policies , and procedures.

V I . FINDING S OF FACT

1 6. The Sit e is listed on the National Priorities Lis t and

is located near Leadville , Colorado.

17.. ASARCO Incorporated ("ASARCO") i s a New Jerse y

corporation with its corporate headquarters in the Stat e of New York. Responden t owns or operates or has owned or operated

portion s of„th e Site .

. 18... .The Site_discharge s or. has the potential to discharge

various metals , includin g arsenic, cadmium, copper,- lead and'zinc -

as follows :

Soi l resources of residential , commercial , industrial ,

a nd undeveloped lands withi n the Sit e have been and

continue to be subjec t to impact by minin g and related

activities. Smelter slag, tailings piles , an d waste

rock pile s containing high level s of metal s are foun d

throughout the Site . Metal s migration can occur fro m

these sources to nearby surfac e and vadose soil s by

wind dispersion , precipitatio n and surfac e water

runoff , an d reworking of these surfac e sources.

Mi'1 1 "•tailings'''ar e 'th e rock debris remaining afte r millin g and separation has removed the metal as

concentrates from the ore. Tailing s are generall y

fine-grained, silt-sized particles . Man y pile s an d

ponds (where water is decanted fro m the tailings) , are

located on the Site . Thes e tailings pile s and ponds

are a potential source of metal s contamination as shown

in previous studies.

Mine waste rock consists of mine development rock and

low grade ore taken from below ground and deposited

near adit or shaf t openings . Many of the mine waste

rock pile s contain high concentrations of arsenic,

cadmium, copper, lead, nickel , and zinc, which may be

leached from the mining waste durin g times of rain or

snowfall . There are hundreds of waste rock pile s on

t he Site .

Surfac e water acts as the primary transport mechanism

f or both soluble metal s an d metal-lade n sediments. The Sit e is drained by several gulches tributar y to the Arkansas River, including: Evans, California , Iowa,
a nd Empire gulches. Thes e gulches flo w mostl y in

response to precipitatio n events and snowmelt. The

intermittent flo w of surface water over, through, and

around mining waste rock and tailings piles , into the

gulches , and ultimatel y into the Arkansas River is a

potential source of metal s contamination.

Groundwater acts as a transport mechanism for soluble

metals . Groundwater is foun d in both bedrock and

alluvial systems at California Gulch, and recharge is

principall y from infiltratio n of precipitatio n an d

surfac e water .drainage. Groundwater in upper California Gulch, occurs primaril y in the bedrock

formation s includin g granite, limestone, porphyry , and

sandstones. ,Grpundwater in the bedrock system east and

southeast o f Leadvill e discharges directl y 'to *

• --California. Gulch surfac e water,, into the mine workings

a nd the Yak Tunnel , or into downgradien t grouhdwater

systems. I n lower Californi a Gulch, groundwater flow s

through high terrace gravels , lake bed sediments , or

bedrock units. Much of the groundwater in the area

eventuall y reaches California Gulch an d Arkansas River

surfac e water or associated alluvial groundwater

systems.

Stream sediments may be affecte d by migration ,

alteration , absorption , and precipitatio n of

contaminant s fro m sources upstream.

A ir is affecte d by fugitive dust generated by wind

erosion, earth movement durin g construction , off-roa d

vehicles , and vehicular traffi c on dirt and gravel

roads. Significan t pathway s exist for ingestion ,

inhalation , and contamination of. indoor environments

with hazardous elements foun d in mining, processing,

and smeltin g wastes at the Site .

Flora and faun a may be threatened by metals

contamination of the environment. System studies

confir m the presence of metal s in soils , sediments , and

surfac e water. Thes e metal s affec t vegetation ,

livestock, wildlife , an d macroinvertebrates.

1 9. Arsenic , cadmium, copper, lead, and zinc are "hazardous

substances" pursuant to section 101(14 ) of CERCLA , 42 U.S.C . §

9601.

VII . CONCLUSIONS OF LAW AND DETERMINATIONS

2 0. The site is a "facility " as defined in section 101(9 )

of CERCLA , 42 U.S.C . § 9601(9) .
2 1. Various metal s foun d at the Sit e are "hazardous

substances" as defined i n section 101(14 ) of CERCLA , 42 U.S.C . § 9601(14) , or constitute "any pollutan t or contaminant" that may

present an imminent and substantial danger to public health or

welfare under section 104(a)(l ) of CERCLA, 42 U.S.C . § 9604(a) .

2 2. The past , present , or potential futur e migration of

hazardous substances described in section VI of thi s Order

constitutes an actual and/or threatened "release" as defined in

section 101(22 ) of CERCLA , 42 U.S.C . § 9601(22) .

-23. Responden t i s a person as defined in section 101(21 ) of

CERCLA , 42 U.S.C . § 9601(21) .

- -- v- 24.. /Responden t is a responsible party, under sections J.04,

107, an d 122 of CERCLA , 42 U.S.C . §§9604 , 9607, an d 122. '

25. The actions required by this Order are necessary to

protect the public health or welfar e or the environment and are

consistent with CERCLA an d the NCP.

VIII . NOTIC E T O STAT E

2 6. By providin g a-cop y of thi s Order to the Stat e of Colorado, EPA.ha s notified the state that thi s Order i s being

issued and that EPA is the lead agency for coordinating,

overseeing, and enforcin g the response action required by this Order. EPA wil l provide for state involvement with development

of the RI studies i n accordance with section 121(f) of CERCLA , 42 U.S.C . § 9621( f ) .

27. Any document, notice, material , or deliverable, which Responden t is required under this Order to submit to EPA , shal l

also be submitted by Responden t to the State .

28. The Stat e and its authorized representatives shal l be

provided the same rights of access to areas to which thi s Order

applie s as i s provided for EPA i n Sectio n XII.

I X. PERFORMANCE OF WORK

2 9. All Work performed under this Order shal l be under the

directio n and supervision of qualified personnel . Withi n 30 days

of the effectiv e date of this Order, and before the Work begins, Respondent shal l notif y EPA in writing of the names, titles , and

qualification s of the personnel , includin g contractors ,

subcontractors, consultants , and laboratories , to be used in

carrying out such Work. The qualification s of the person s

undertaking the Work for Respondent shall be subject to EPA' s

review for verificatio n that such persons meet minimum technical

background and experience requirements. If EPA disapprove s in

writing of an y person(s) 1 technical qualifications , Responden t

8
shal l notif y EPA of the identit y and qualification s of the

replacement(s ) within 7 days of the written notice. If EPA subsequently disapproves of the replacements) , EPA reserves the

right to terminate thi s Order, conduct the Work, and seek

reimbursement for costs an d penalties fro m Respondent . Durin g

t he course of the Work, Responden t shal l notif y EPA in writin g 7 days in advance of any changes or addition s in the personnel used

to carry out such Work, providing'thei r names, titles , and

qualifications . EPA shal l have the same right to approve changes

and addition s to personnel as it has hereunder regarding the

initial notification .

30. Responden t shal l conduct activities and submit

deliverable s as provided by thi s Order and the attached exhibits ,

which" are 'incorporate d by reference. *; All-.Work performed -is .to be,

conducted in accordance with the schedules , standards ,

specifications , and other requirements of this Order,- and the

attached work plans , as initiall y approved or modified by EPA ,

and as may be amended or modified by EPA fro m time to time.

3 1. Responden t shall , prior to an y off-sit e shipmen t of

hazardous substances fro m the site, provide written notificatio n

to the appropriat e state environmental "officia l in the receivin g

state an d to EPA' s Designated Remedial Projec t Manager (RPM) o f

such shipment of hazardous substances.

( a) The notification'referre d to above shal l be in writing,

a nd shal l include the followin g information : ( 1.) the name and

locatio n of the facilit y to which the hazardous substances are to

be shipped ; (2) the type an d quantity of the hazardous substances

to be shipped; (3) the expected schedule for the shipment of the

hazardous substances; an d (4) the method of transportation . Respondent shal l notif y the receiving state of major changes in

the shipment plan , such as a decision to ship the hazardous

substances to another facilit y within the same state, or to a facilit y in another state.

( b) The identit y of the receiving facilit y wil l be

determined by Responden t followin g the award of the contract or

contracts for the Work. Responden t shall provide all relevant

information , includin g informatio n under the categories noted in

paragraph (a) above, on the off-sit e shipments , as soon as

practical after the award of the contract and before the

hazardous substances are actuall y shipped.

32. All activities undertaken by Responden t shal l be in

compliance with all Federal , Stat e and local laws and

regulations , includin g permit requirements, unless an exemption

i s provided by section 121(e ) of CERCLA, 42 U.S.C . § 9621(e) . Respondent shal l identif y and obtain all permits , licenses, and

approval s required for performanc e of Work in sufficien t time to

perfor m Work as scheduled.
33. The Exhibits identif y deliverables to be produced under

t he terms of this Order along with due dates for those

deliverables . Tasks referred to are those set forth in this Order and the Exhibits.

X. MODIFICATION OF WORK PLANS

3 4. If at any time during performanc e of the Work as

required herein, Respondent identifie s a need for additional

data, a memorandum documenting the need for additional data shal l

be submitted to the designated RPM within 7 days of such

identification . EPA in its discretion wil l determine whether the

additional data wil l be collected by Respondent and whether it

.will--be -incorporated, into reports and deliverables .

35. In the event of conditions posin g an immediate threat

to human health or welfar e or the environment, Respondent shall

notif y the RPM and the state immediately . In the event of

unanticipated.or changed circumstances at the site, Respondent

shal l notif y the RPM by telephon e within 24 hours of discovery of

t he unanticipated or changed circumstances. In additio n to the

authorities in the NCP, in the event that EPA determines that the

immediate threat or the unanticipated or changed circumstances

warrant changes in any work plan , EPA shal l modif y or amend such

work pla n in writing accordingly . Respondent shal l perfor m the '

work pla n as modified or amended.

36. EPA may determine that in additio n to tasks defined in

any initiall y approved work plan , other work may be necessary to

accomplish the objectives of the Work. EPA may require that Responden t perfor m 'thes e response actions i n additio n to those

required by any initiall y approved work plan , includin g any

approved modifications , if it determines that such actions are

necessary to adequatel y complete the Work. Responden t shal l

confirm its willingnes s to perfor m the additional work in writin g

to EPA within 7 days of receipt of the EPA request. Respondent

shal l implement the additional tasks which EPA determines are

necessary. The additional work shall be completed according to

the standards , specifications , and schedule set forth or approved

by EPA in a written modificatio n to any work pla n or written

supplement s thereto. EPA reserves the right to conduct the Work

itsel f at any point , to seek reimbursement from Respondent ,

and/or to seek any other appropriat e relief .

X I . QUALIT Y ASSURANCE , SAMPLING , DATA ANALYSIS , AN D AVAILABILIT Y

3 7. Responden t shall assure that work performed, sample s

taken, and analyses conducted conform to the requirements of the

work plan s and guidance identified therein.

10
3 8. In the event that the Responden t fail s to use the QA/Q C

practices and procedures as outlined in the work plan s approved

hereunder, EPA reserves the right to conduct all Work identified

herein, includin g a complete RI/FS or an y portio n thereof

pursuant to its authorit y under CERCLA , to seek reimbursement

from Respondent , and/or to seek an y other appropriat e relief .

3 9. All result s of sampling, tests , modeling, or other data

(includin g raw chemical analytical data ) generated by Respondent ,

or o n Respondent' s behalf , durin g implementatio n of thi s Order,

shal l be submitted to EPA in an electronic fil e format using the . E PA contract laboratory program (CLP) format A (as described in

Exhibit H of the EPA CLP Statemen t of Work for Inorganic Analysis , Multi-media, Multi-concentrate ) or a n ASCII fil e

- format ,• along with the-monthl y progress report as-described in >,.

 :

- Sectio n XIV of this Order. EPA will make available to the Responden t validated data generated by EPA unles s it is exempt

fro m disclosure by any federal s or state law or regulation .

4 0. Responden t wil l notif y EPA in writin g at least 15 days

prior to conductin g significan t fiel d events as described in any

work plan , or samplin g an d analysi s plan . At EPA' s verbal or,

writte n request, or at the request of EPA' s oversight assistant , Responden t shal l allo w spli t or duplicate samples to be taken by

E PA (and/o r it s authorized representatives ) of an y samples

collected by the Responden t in implementin g thi s Order.

4 1. If Responden t object s to data relatin g to the RI Work

identified herein, Responden t shal l submit to EPA a report that

identifie s an d explain s it s objections , describes the acceptable ,

uses of the data, if any, and identifie s any limitation s to the

use of the data. The report must be submitted to EPA within 15

days of the monthl y progres s report containing the data.

XII . ACCES S

42. EPA and its authorized representatives may enter and

freel y move about all propert y at the site and off-sit e areas

where Work, if any, is being performed, for the purposes of

inspectin g conditions , activities , the result s of activities ,

records, operatin g logs , and contracts related to the site or Responden t and its contractor(s ) pursuant to this Order;

reviewing the progress of Respondent in carrying out the terms of

thi s Order; conductin g test s as EPA or its authorized

representatives deem necessary; using a camera, sound recording

device, or other recording equipment; and verifyin g the data

submitted to EPA by Respondent . Responden t shal l allo w these

persons to inspect and copy all records, files , photographs ,

documents , samplin g and monitoring data, and other writings

related to work undertaken in carrying out this Order. Nothin g

herein shall be interpreted as limitin g or affectin g any EPA

11
representative' s right of entry or inspectio n authorit y under

federal law.

4 3. If for proper performanc e of the Work, i t i s necessary

to enter propert y owned in whole or in part by parties other than

those bound by this Order, Respondent wil l obtain, or use its

best effort s to obtain, site access agreements fro m the owner 30

days prior to the time such access is needed. Such agreements

shal l provide access for EPA , its contractors and oversight

officials , the Stat e of Colorado and its contractors, and the Responden t or its authorized representatives . Such agreements

shal l specif y that Responden t i s not EPA' s representative with

respect to liabilit y associated with site activities. Copie s of

such agreements shal l be provided to EPA prior to Respondent' s

-initiation oilfield activities. ....... ^ _,-.• •

44. If access agreements are not obtained within the time

referenced above, Respondent shal l promptl y notif y EPA of it s

failur e to obtain access. EPA may obtain access for the Respondent , perfor m those tasks or activities with EPA

contractors, or terminate the Order in the event that Respondent

cannot obtain access agreements. In the event that EPA perform s

those tasks or activities with EPA contractors and does not

terminate the Order, Respondent shal l perfor m all other

activities not requiring access to that site, and shal l reimburse

E PA for all costs incurred in performin g such activities. Respondent additionall y shall integrate the result s of any such

tasks undertaken by EPA into its reports and deliverables . Respondent shal l reimburse EPA for all costs and attorney fee s

incurred by the United State s in obtaining access for the Respondent.

XIII . PUBLI C COMMENT , ADMINISTRATIV E RECORD

4 5. EPA retains the responsibilit y for the release to the

publi c of any report s based upon the Work.

4 6. EPA may provide Responden t with copies of any report

based upon the Work an d the final RI/FS report.

4 7. EPA-wil l determine the contents of the administrative

record fil e for selectio n of the remedial action. Respondent

must submit to EPA documents developed durin g the course of the Work upon which selectio n of the response action may be based. Responden t shal l provide copies of plans , task memoranda

includin g documentation of field modifications , recommendations

f or further action, quality assurance memoranda and audits , raw

data, field notes, laboratory analytical reports , and other

reports . Respondent must additionall y submit any previous

studies conducted under state, local , or other federal

authorities relatin g to selection of the response action, and all

communications between Respondent and state, local , or other

12
federal authorities concerning selection of the response action. At EPA' s discretion , Responden t ma y establish a community

informatio n repository at or near the site, to house one copy of

t he administrative record.

XIV . REPORTING REQUIREMENT S

48. Respondent shal l make presentation s at and participate

in meetings at the request of EPA durin g the initiation , conduct ,

a nd completio n of the Work. In additio n to discussio n of the

technical aspect s of the Work, topics wil l include anticipated

problems or new issues. Meetings wil l be scheduled at EPA' s

discretion.

49." In-addition-to-th e deliverables set .forth in this .. Order, Responden t shal l provide to EPA monthl y progres s report s

by the 1Oth day of each month durin g which thi s Order is in

effect . At a minimum, with respect to the precedin g month, these

progres s report s shall : (1 ) describe the actions which have been

taken to compl y with this Order during that month; (2) include

a ll result s of samplin g and test s and all other data collected or

received b y Respondent; (3) describe work planned for the next

t wo months with schedules relatin g such work to the overall

projec t schedule for completio n or Work; an d (4 ) describe al l

problems encountered and any anticipated problems , any actual or

anticipated delays , and solution s developed and implemented to

address any actual or anticipated problems or delays .

X V . SUBMISSION S REQUIRIN G AGENC Y APPROVAL

50. EPA reserves the right to comment on, modify , and

direct changes for all deliverables . When EPA comments on or

direct s changes to deliverables , the followin g procedures shal l

apply :

a. Respondent must full y correct all deficiencie s and

incorporate and integrate all informatio n and comments,,

as directed b y EPA , within seven (7) days of receipt of

E PA comments, unless otherwise specified in any

schedule in the work plan s approved hereunder.

b. Respondent may request, and EPA shall grant, a meeting

to discus s any comments or instruction s fro m EPA , prior

to resubmitting the deliverable. If EPA, in

consultatio n with the state of Colorado, agrees that

its comments or instructions are incorrect or should be

modified, Respondent may resubmit the deliverables in

accordance with EPA' s decision.

c. At the time any revised deliverable is submitted, Respondent shall submit a cover letter describing how

• each substantive EPA comment was addressed, and a

13
descriptio n of any additional substantive changes or

addition s in the resubmittal alon g with a justificatio n

f or those changes or additions . The cover letter shal l

also include a certificatio n that no substantive

changes other than those identified in the cover letter

were made. Failure to address EPA comments or

directions as described in thi s paragraph, or failur e

to identif y additional substantive changes or addition s

is a violatio n of this Order.

d. If Respondent disagrees with the substantive changes

required by EPA , Responden t may include a disclaimer in

t he cover letter identifyin g the portion(s ) of such

documents with which the Respondent disagrees and the

• - reasons for the .disagreement. Whenever and to whomever

t he document is disseminated, EPA wil l include*such

cover letter with the deliverable . Such cover letter

shal l be included in the Administrative Record for the Sit e as provided under Sectio n XIII.

5 1. If Responden t fail s to compl y with the precedin g

paragraph, or if EPA determines that additional changes or

addition s were included in a resubmittal without sufficien t

justification , EPA retains the right to seek statutory penalties ,

perfor m its own studies , or complete or modif y the deliverabl e or

a ny portio n thereof and seek reimbursement fro m Responden t for

its costs. To the extent that EPA conducts or takes over some of

t he Work, Respondent shal l incorporate and integrate informatio n

supplied by EPA into any report on such Work.

52. In the event that EPA takes over some of the tasks , Respondent shall incorporate and integrate informatio n supplied

by EPA into any reports prepared by it.

5 3. Neither failur e of EPA to expressl y approve or

disapprove of Respondent' s submissions within the specified time

periods , nor the absence of comments, shall be construed as

approval by EPA . Whether or not EPA gives express approval for Respondent' s deliverables , Responden t i s responsible for

preparin g deliverables acceptable to EPA.

XVI . REMEDIAL PROJECT MANAGER

5 4. All communications, whether written or oral , fro m Respondent to EPA shal l be directed to on e of EPA' s RPMs . Respondent shall submit to EPA three copies of all'documents ,

includin g plans , reports , and other correspondence, which are

developed pursuant to this Order, and shal l hand deliver or send

these documents return receipt requested.

14
EPA' s RPM concerning Exhibits 1-5 is:

K e n Wangerud, 8HWM E PA Remedial Projec t Manager Hazardous Waste Management Division

E PA Region VII I

9 99 18th Street , Suite 500 Denver, CO 80202-2405

EPA' s RPM concerning Exhibit 6 is:

Denise Link, 8HWM E PA Remedial Projec t Manager Hazardous Waste Management Division

E PA Region VIII .

9 99 18th Street , Suit e 500 Denver, CO 80202-2405

5 5. EPA has the unreviewable right to change its RPMs . If

E PA changes either of its RPMs , EPA will .inform Respondent in

writin g of the name, address , and telephon e number of the new RPM.

5 6. EPA' s RPMs shal l have the authority lawfull y vested i n RPMs an d On-Scene Coordinators (OSCs ) by the NCP , 40 C.F.R . Part

300. EPA' s RPMs shal l have authority , consistent with the NCP ,

to halt any work required by this Order, and to take any

necessary response action.

5 7. Withi n te n (10 ) days after the effectiv e date of thi s Order, Respondent shal l designate a Projec t Coordinator and shal l

submit the name, address, and telephon e number of the Projec t Coordinator to EPA for review an d approval . Respondent' s Projec t Coordinator shall be responsible for overseeing Respondent' s

implementatio n of this Order. If Responden t wishes to change its Projec t Coordinator, Respondent shall provide written notice to

EPA, five (5) days prior to changing the Project Coordinator, of

the name and qualification s of the new Project Coordinator. Respondent' s selection of a Projec t Coordinator shal l be subject

to EPA approval .

XVII . ASSURANC E OF ABILIT Y TO COMPLETE WORK

58. Respondent shal l establish and maintain a financial

instrument, trust account, or other financial mechanism such as

one of those set forth at 40 C.F.R . Part 264.143, acceptable to

EPA , funded sufficientl y to perform the work and any other

obligations required under this Order, includin g a margin for

cost overruns. Withi n 15 days of the effectiv e date of this Order, Respondent shall either fun d the financial instrument or

trust account or demonstrate to the satisfactio n of -EPA that its->

15
financial resources are .sufficien t to perfor m the work required

under this Order projected for the period beginning with the

effectiv e date of the Order through the end of the current

calendar year quarter. On or before the 15th calendar day of

each calendar year quarter thereafter, Respondent shall either

fun d the financial instrument or trust account or demonstrate to ' the satisfactio n of EPA that its financial resources are

sufficien t to perfor m the work and other activities required

under this Order projected for the succeeding calendar year

quarter. Withi n 5 days of the fundin g of any account or other

.mechanism or the demonstratio n of abilit y to perfor m Work, Respondent shal l report such to the RPM.

59. If at any time the net worth of the financial

instrument or trust account is insufficien t or the other

demonstration of financial abilit y is inadequate to assure

performanc e of the Work and other obligation s under the Order for

t he upcomin g quarter, Responden t shal l provide written notice to

E PA within 7 days after the net worth of the financial

instrument, trust account or other demonstratio n of financial . abilit y becomes insufficien t or inadequate. The written notice

shal l describe why the financial instrument, trust account or

other demonstration of financial abilit y is insufficien t and

shal l explai n what actions have been or will be taken to fun d the

financial instrument or trust account adequately or to

demonstrate to the satisfactio n of EPA that it has the financial

resources to continue the Work through the time period required.

E PA reserves the right to terminate this Order if fundin g becomes

or wil l become inadequate.

XVIII . CERTIFICATION OF COMPLETION , TERMINATION

6 0. Thi s Order shall terminate when Respondent demonstrates

in writin g and certifie s to the satisfactio n of EPA that all

activities required under this Order, includin g any additional

work, are complete.

61. The certificatio n shall be signed by a responsible

officia l representing Respondent. The representative shall make

t he followin g attestation : "I certif y that the informatio n

contained in or accompanying this certificatio n is true,

accurate, and complete." For purposes of this Order, a responsible officia l is a corporate officia l who is in charge of

a principal business function .

XIX . EMERGENCY RESPONSE

62. In the event of any action or occurrence during the

performance of the Work which causes or threatens a release of

waste material that constitutes an emergency situation or may

present an immediate threat to public health .or^welfare or,the , .^.

;

 ,.,

16 '.
environment, Respondent shall , subject to the followin g

paragraph, immediately take all appropriate action to prevent ,

abate, or minimize such release or threat of release, and shal l

immediately notif y the RPM. If this person is not available, the Respondent shall notif y the EPA Emergency Response Branch, Region VIII. Respondent shal l take such actions in consultatio n with

the RPM and in accordance with all applicabl e provisions of the Health and Safet y Plans , the Contingency Plans , or any other

applicabl e plan s or documents developed pursuant to this Order. In the event that Responden t fail s to take appropriat e response

action as required by this Section , and EPA takes such action

instead, Respondent shall reimburse EPA all costs of the response

action not inconsistent with the NCP.

63. Nothin g in the precedin g paragraph or in this Order

shal l be deemed to limit any authority of the United State s to

take, direct , or order all appropriat e action or to seek an order

in a Court of competent jurisdictio n to protect human health and

the environment or to prevent , abate, or minimize an actual or

threatened release of waste material on, at, or fro m the Site .

X X . INSURANC E AN D INDEMNIFICATION

6 4. (a) Prior to commencement of any work under this Order, Respondent shal l secure, and shal l maintain in forc e for

t he duration of this Order, and for two years afte r the

completio n of all activities required by this Order, Comprehensive General Liabilit y (CGL ) an d automobile insurance,

with limit s of $2,000,000.00 dollars , combined single limit ,

naming as insured the United States . The CGL insurance shal l

include Contractual Liabilit y Insurance in the amount of

$2,000,000.00 per occurrence, and Umbrella Liabilit y insurance in

the amount of $2,000,000.00 per occurrence. Respondent may, in

lieu of CGL insurance, provide to EPA a copy of its certificat e

of sel f insurance.

s ( b ) Respondent shall also secure, and maintain in

forc e Professional Errors and Omissions insurance in the amount

of $1,000,000.00 per occurrence for the duration of this Order

a nd for two years after the completio n of all activities required

by this Order . *

( c) For the duration of this Order, Responden t shal l

satisfy , or shall ensure that their contractors or subcontractors

satisfy , all applicabl e laws and regulation s regarding the

provision of employer' s liabilit y insurance an d workmen' s

compensation insurance for all persons performin g work on behal f

of Respondent f in furtherance of this Order.

( d) If Respondent demonstrates by evidence . . .....

satisfactor y to EPA that any contractor or subcontractor

maintains insurance equivalent to that described above, or

17
insurance covering the same risks but in a lesser amount, then

with respect to that contractor or subcontractor, Responden t need

provide only that portion of the insurance described above which

is not-maintained by the contractor or subcontractor.

( e) At least 7 days prior to commencement of any work

under this Order, and annuall y thereafter on the anniversary of

t he effectiv e date of this Order, Respondent shal l provide to EPA certificate s of such insurance and a copy of each insurance

policy . Respondent shall certif y to EPA that the required

insurance has been obtained by that contractor.

65. EPA shal l not be liable for any injur y or damages to

persons or propert y resultin g from acts or omissions of the Respondent or its Contractors in implementin g the requirements of

this Order or any EPA-approved work pla n or plannin g documents.

EPA shall not be considered a part y to any contract entered into

by Respondent for purposes of implementin g this Order.

6 6. Respondent shal l indemnif y and hold the United State s Government, its agencies, departments , agents , and employees

harmless from any and all claims or causes of action arising from

or on account of acts or omissions of Respondent , its employees ,

agents, servants, receivers, successors, or assigns, or any

persons including, but not limited to, firms , corporations ,

subsidiaries, and contractors, in carrying out activities under

this Order.

XXI . DELAY IN PERFORMANCE

6 7. An y dela y i n performanc e of this Order that , i n EPA' s

judgment , is not properl y justified by Respondent under the terms

of this paragraph shall be considered a violation of this Order. A ny delay in performance of this Order shal l not affec t Respondent' s obligation s to full y perform al l obligation s under

the terms and condition s of this Order.

6 8. Respondent shal l notif y EPA of any dela y or anticipated

delay in performin g any requirement of this. Order. Such

notificatio n shal l be made by telephon e to the RPM within fort y

eight (48 ) hours after Respondent firs t knew or should have known

that a dela y might occur. Respondent shal l adopt all reasonable

measures to avoid or minimize any such delay. Withi n five (5)

business days afte r notifyin g EPA by telephone , Respondent shal l

provide written notificatio n full y describing the nature of the

delay , any justificatio n for delay , any reason why Respondent

should not be held strictly accountable for failin g to comply

with any relevant requirements of this Order, the measures

planned and taken to minimize the delay , and a schedule for

implementin g the measures that will be taken to mitigate the

effect s of

 : t he delay. Increased, costs or expenses associated .;.£,,:

18 . •
with implementatio n of the activities called for in this Order is

not a justificatio n for any delay in performance.

XXII . UNITED STATES NOT LIABLE

6 9. The United States , by issuance of this Order, assumes

no liabilit y for any injurie s or damages to persons or propert y

resultin g from acts or omissions by Respondent , or their

directors , officers , employees , agents , representatives ,

successors, assigns , contractors, or consultants in carrying out

any action or activity pursuant to this Order. Neither EPA nor

the United State s may be deemed to be a part y to any contract

entered into by Respondent or its directors, officers , employees ,

agents, successors, assigns, contractors, or consultant s in

carrying out Any action or activity pursuant to this Order.

XXIII . ENFORCEMENT AN D RESERVATION S

70. EPA reserves the right to bring an action against Respondent under section 107 of CERCLA , 42 U.S.C. i 9607, for

recovery of any response costs incurred by the United State s

related to this Order. Thi s reservation shall include but not be

limited to past costs, direct costs, indirect costs, the costs of

oversight, the costs of compilin g the cost documentation to

support oversight cost demand, accrued interest as provided in

section 107(a ) of CERCLA , 42 U.S.C. i 9607(a) , an d an y an d al l

other costs not inconsistent with the NCP .

71. Notwithstandin g any other provision of this Order, at

any time during the response action, EPA may perfor m its own

studies , complete the response action (or any portio n of the

response action ) as'provide d in CERCLA and the NCP , and may seek

reimbursement from Respondent for its costs, or seek any other

appropriat e relief .

7 2. Nothin g in this Order shall preclude EPA from taking

a ny additional enforcemen t actions, includin g modificatio n of

this Order or issuance of additional Orders, and/or additional

remedial or removal actions as EPA may deem necessary, or from

requiring Respondent in the future to perform additional

activities pursuant to CERCLA , 42 U.S.C . § 9606(a) , et seq., or

a ny other applicabl e law. Respondent shal l be liable under

CERCLA section 107(a) , 42 U.S.C . § 9607(a) , for the costs of an y

such additional actions.

7 3. Notwithstandin g any provision of thi s Order, the United States hereby retains all of its informatio n gathering,

inspection and enforcement authorities and rights under CERCLA, RCRA and any other applicable statutes or regulations .

-74. .Respondent shall be subject to civil penalties under., xv } .

section 106(b ) of CERCLA, 42 U.S.C . § 9606(b) , of not moire than:?;-

19
$25,000 for each day in which Respondent willfull y violates , or

fail s or refuse s to comply with this Order without sufficien t

cause. In addition , failur e to properl y provide response action

under this Order, or any part hereof , without sufficien t cause,

m ay result in liabilit y under section 107(c)(3 ) of CERCLA , 42 U.S.C . § 9607(c)(3) , for punitive damages in an amount at least

equal to, and not more than three times the amount of any costs

incurred by the Fun d as a result of such failure to take proper

action.

75. Nothin g in this Order shall constitute or be construed

as a release fro m any claim, cause of action or demand in law or

equity against any person for any liabilit y it may have arising

out of or relatin g in any way to the Site .

7 6. If a court issues an order that invalidate s any

provision of this Order or find s that Respondent has sufficien t

cause not to compl y with one or more provisions of this Order, Responden t shal l remain bound to compl y with all provisions of

this Order not invalidated by the court' s order.

77. In the event of any inconsistency between the terms and

conditions of this Order or those contained in any work pla n

approved hereunder, schedules , attachments, exhibits, or other

documents incorporated herein, the terms and condition s of this Order shal l take precedence.

XXIV . ACCES S T O INFORMATION

78. Respondent shall provide to EPA upon request, copies of

all documents and informatio n within their possession or control

or that of their contractors or agents relatin g to activities at

the Site or to the implementation of this Order, including, but

n ot limited to, sampling, analysis , chain-of-custody records,

manifests , trucking logs , receipts , reports , sample traffi c

routing, correspondence, or other documents or informatio n

related to the Work. Respondent shall also make available to

EPA, for purposes of investigation, informatio n gathering, or

testimony, their employees , agents, or representatives with

knowledge of relevant fact s concerning the performance of the Work. . ......'- .

7 9. Responden t may assert business confidentialit y claims

covering part or all of the documents or informatio n submitted to

E PA under this Order to the extent permitted by section 104(e)(7 )

of CERCLA , 42 U.S.C . § 9604(e)(7) . Such claims shal l be asserted

in the manner described by 40 C.F.R . § 2.203(b ) and substantiated

at the time the claim is made. Documents or informatio n

determined to be confidential by EPA wil l be afforde d the

protection specified in 40 C.F.R . Part 2, Subpart B. If no claim

of confidentialit y accompanies documents or informatio n when they,:

are submitted to EPA, or if EPA has notified Respondent that^the:?

20
documents or informatio n are not confidential under the standards

of section 104(e)(7 ) of CERCLA, 42 U.S.C . § 9604(e)(7) , the

public may be given access to such documents or informatio n

without further notice to Respondent .

8 0. No claim of confidentialit y shal l be made with respect

to any data, including, but not limited to, all sampling,

analytical , monitoring, hydrogeologic, scientific , chemical, or

engineering data and material s or informatio n submitted pursuant

to thi s Order, or any other documents or informatio n evidencin g

conditions at or around the Site .

XXV. RETENTION OF RECORDS

8 1. All records and documents in Respondent' s possession

that relate in any way to the site shall be preserved while this Order is in effec t and for a minimum of 10 years afte r

commencement of construction of any remedial action. Respondent

shal l acquire and retain copies of all documents that relate to

the site and are in the possessio n of its employees , agents ,

accountants , contractors, or attorneys. Afte r this 10-year

period, Respondent shal l notif y EPA at least 90 days before the

documents are scheduled to be destroyed. If EPA requests that

the documents be saved, Responden t shall , at no cost to EPA, give

E PA the documents or copies of the documents.

XXVI . EFFECTIV E DATE

82. The effectiv e date of this Order shal l be the date it

is signed by EPA.

XXVII . COMMUNIT Y RELATION S

83. EPA may prepare a community relations pla n describing

the activities it will undertake to disseminate informatio n

regarding the Work to the public. Respondent shal l cooperate

with EPA (and the State ) in providing informatio n regardin g the Work to the public. As requested by EPA, Responden t shal l

participat e in the preparatio n of such informatio n for

disseminatio n to the public and in public meetings which may be

held or sponsored by EPA to explai n activities at or relatin g to :

the Site . . . :

XXVIII . MODIFICATIO N

84. Thi s Order may be amended by EPA. Amendment s shal l be

in writing and shall be effectiv e when signed by EPA.

8 5. No informal advice, guidance, suggestions, assurances,

or comments by EPA or its authorized representatives shall modif y

the terms and conditions of this Order or relieve Respondent .of ;

i:: ;:

'it s 'obligatio n under this Order. An y deliverables , plansr^-;%-i*S^

. . - 21 . ;

;

-;;^'?:

^^
technical memoranda, report s (other than progres s reports) ,

specifications , schedules, and attachments required by this Order

are, upon approval by EPA, incorporated into this Order.

XXIX . OPPORTUNIT Y T O CONFER

8 6. Respondent may, within five (5) days after the date

this Order is signed, request a conference with the EPA Region VIII staf f attorney responsible for this matter to discuss this

•Order. -

8 7. The purpose and scope of the conference shal l be•

limited to issues involving the implementation of the response

actions required by this Order and the extent to which Respondent

intend to compl y with this Order. Thi s conference is not an

evidentiary hearing, and does not constitute a proceeding to

challenge thi s Order. It does not give Respondent a right to .

seek review of this Order, or to seek resolution of potential

liability , and no officia l stenographic record of the conference

will be made. At any conference held pursuant to Respondent' s

request, Respondent may appear in person or by an attorney or

other representative.

88. Requests for a conference must be by telephon e followed

by written, confirmatio n mailed that day to:

Andrew J. Lensink, 8RC Assistan t Regional Counsel Offic e of Regional Counsel

E PA Region VIII

9 99 18th Street , Suite 500 Denver, CO 80202-2405

(303) 294-7574 •

XXX. NOTIC E OF INTENT TO COMPLY

8 9. Respondent shall provide, not later than five (5) days

after the effective date of this'Order , written notice to the RPM

statin g whether it will comply with the terms of this Order. If Respondent does not unequivocally commit to perfor m the Work as • provided by this Order, it shall be deemed to have violated this Order and to have failed or refused to comply with this Order. Respondent' s written notice shall describe, using fact s that

exist on or prior to the effective date of this Order, any

"sufficien t cause" defense s asserted by Responden t under sections

106(b ) an d 107(c)(3 ) of CERCLA , 42 U.S.C . § § 9606(b ) an d

9707(c)(3) . The absence of a response by EPA to the notice

required by this paragraph shall not be deemed .to be acceptance

of assertions by Respondent .

22
XXXI . ORDER

90. Based on the foregoing, Respondent is hereby ordered to

comply with the provision s of this Order, includin g but not

limited to all attachments to this Order, all documents

incorporated by reference into this Order, and all schedules and

deadline s in this Order, attached to this Order, or incorporated

by reference into thi s Order.

IT I S S O ORDERED:

ENVIRONMENTA L PROTECTIO N AGENCY , REGION VII I

B Y: /£ "S*^- X x X ~*ir**^A DATE: Robert L. Duprey , Dir&dtor/V Hazardous Wast e Manag^meni^/Division

23
APPENDI X A - WORKPLAN CHANGES >

T he changes outlined below are hereby made in the referenced work

plans , and with these changes, the referenced work plan s are

hereby approved.

A. Changes to Work Pla n for Samplin g an d Analysis , of Lead Occurrence in and Immediatel y Adjacen t to Residential Areas , Jul y 1991 , Exhibit 2.

1 ) The titl e is changed to read FINAL SAMPLING PLAN FOR SAMPLING AND ANALYSI S OF LEAD OCCURRENCE WITHIN AND

IMMEDIATEL Y ADJACEN T T O RESIDENCES .

2) Sectio n 2.0, Page 2-1, Para. 3: Before "An effor t wil l

be made..." place the language: A minimum of 100 homes

will be sampled according to the protocols set forth in

this work plan. These 100 homes will be

representatively distributed according to the age of

each home and its geographic location within the Populated Remedial Investigatio n Stud y Area. A minimum

of 50% of these homes will have children age 6 months

to 72 months in residence. The sentence beginnin g "An

effor t will be made..." is changed to read: Additionally , an effor t will be made... .

3) Sectio n 4.1.1, Page 4-1: Create a new Sectio n 4.1.1

and renumber subsequent sections. The new section is

entitled Initial Visi t and reads: Before samplin g

occurs, an initial visit will be conducted. The

purpose of this visit will be to explain the objectives

of EPA's remedial investigation and to request

permission to release to EPA the results of sampling.

4) . Sectio n 4.1.3.1, Page 4-7, Para. 2: Item No. 1 is . changed to read: A floo r area directly inside the main .

entrance to the residence. . - :_.

5) Section 4.1.3.1, Page 4-8, Para. 2: Item No. 1 is vchanged to read: If possible, an additional dust

sample will be obtained from: 1) beneath carpets and

2) attic areas.

6) Sectio n .4.1.3.1, Page 4-8, Para. 2: The firs t sentence ; _

is changed to read: Colocated samples will be ?~

collected from 20% of the houses and will be evaluated

for speciation in accordance with the Metal s Speciation Work Plan for this 'study . •-.-:•.'•^-^-.^''•"f--- -V -V;.:

r,:--

;

r"
7) Sectio n 4.1.3.1, Page 4-8, Para. 4: Whe n dust samples

are collected, a tri-directional sweep pattern should

be used where the second sweep is in a direction 90

degrees to the first , and the1 third direction is 45

degrees from the firs t sweep. All references to this

« technique throughout the work pla n shal l be corrected

(e.g. , p. 4-16, p. B-3. p. B-17) .

8) Sectio n 4.1.5, Page 4-19, Para. 1: The followin g

action levels shall be stated for the analytical

methods - All samples with lead detected at 20 ppm or

less shall be re-analyzed by graphite furnace atomic

absorption.

9) Sectio n 4.1.6, Page 4-20, Sentence 1: The sentence i s

changed to read: Introduction , preliminary residential

walk-through, and request to release results of

samplin g to EPA.

1 0) Sectio n 6.0, Page 6-1: The second and third sentences

are changed to read: For the minimum 100 homes sampled

(the y must be representatively distributed, no less

than 50% of them with children age 6 to 72 months in

residence) the environmental sampling forms contained

in Appendix A (for m numbers 05-08) will be completed

and submitted to EPA along with the results of the

samplin g parameters prescribed in the work plan. For

all other homes sampled, if permission has been

received to release samplin g results to EPA, the forms

set forth in Appendix A will be completed and submitted

to EPA along with the results of the sampling

parameters prescribed in the work plan.

1 1 ) Appendix B,Sectio n 9A , Page B-6: Thi s procedure shal l

be modified to include the ful l acid digestion of the

sample filte r instead of the filte r wash and discard

step.

1 2) Appendix B, Sectio n 9A, Page B-8: Thi s procedure shall ,

be modified to include: All samples with lead detected

at 20 ppm or less shall be re-analyzed by graphite

furnace atomic absorption.

1 3 ) Appendix B,Sectio n 9A , Page B-20: Al l analytical

calibration procedures within this work pla n shal l be

•modified to include a minimum of 5 calibration points, ,

n ot 3,as stated i n paragraph 7 of page B-20. . : -

1 4) Appendix B, Section 9B, Page B-24, Tabl e 5-3: The .

- frequency of Calibration Verificatio n and Instrument Blan ; k samples shall be 1 per 10 samples instead :,'of"*J.M^l
p er 20. In addition , the frequencies of Decon Blank

samples . Duplicate samples , Replicat e Analysi s samples ,

a nd Interlaborator y Spli t samples wil l be analyzed

every 1 per 20 samples or 1 per day which ever is more

frequent.

1 5) The work pla n shal l be amended to require the use of Custod y Seal s on all sample containers prior to

transportatio n off-site .

1 6) Appendi x D, Sectio n 5, Page D-3, Tabl e 1: The Limi t of Detection for the A.A.S . analysi s shal l be changed to 1

p p m (mg/kg) .

1 7 ) Appendix D , Sectio n 9B , Page D-11 , Tabl e 5-3: The

frequenc y of Calibratio n Verificatio n and Instrumen t Blank samples shall be 1 per 10 samples instead of 1

p er 20. In addition , the frequencies of Decon Blank

samples , Duplicate samples , Replicate Analysi s samples ,

a nd Interlaborator y Spli t samples wil l be analyzed

every 1 per 20 samples or 1 per day whichever is more

frequent.

B. Changes to Min e Wast e Remedial Investigatio n Work Plan , Jul y

1991 , Exhibit 4.

T he Mine Waste Pile Remedial Investigatio n Work Pla n i s

changed as follows :

Withi n 30 days of the date of thi s Order, a flo w diagram

depictin g the mine waste pil e samplin g and evaluation

process and its relation to other RI procedures, along with

an accompanying narrative descriptio n of that same process ,

shal l be provided to EPA.

C. Changes to Tailin g Disposal Area Remedial Investigatio n Work Plan , Jul y 1991 , Exhibit 5.

1) Physical an d chemical informatio n characterizing Resurrection 1 and Resurrection 2 Tailings (Res 1 and I Res 2) must be provided to EPA. Unles s such

informatio n is presentl y available, a remedial :

investigatio n must be undertaken at Res 1 and Res 2

consisting of the collection of subsurface tailin g

samples , collectio n of groundwater samples , analytical

testing, and geotechnical laboratory testing. Specifically , these activities wil l consist of:

a. Drillin g of three test holes, two at Res 1 and one

at Res 2, to foundatio n material with samplin g

. .. :

:

. fro m the top 2 feet , at about 5-foot intervals,',; . :.y
and at changes in material identified durin g

drilling.

i. Two test holes wil l be drilled through the

buried tailin g at Res 1-—with one location at

what is determined to be the thickest section

of the tailin g and another drilled at what is

determined to be an upgradien t location in

t he tailing.

ii. One hole wil l be drilled at Res 2. Thi s hole

penetrate what is judged to be the thickest

section of buried tailing.

T he location s of the test holes will be

established in the fiel d based on the site

reconnaissance and review of historical data. Disturbed and relativel y "undisturbed" samples in

t he test holes wil l be collected using shelb y

tubes, a n Osterburg sampler, spli t spoons (SPT) or

a California drive sampler. Water level s wil l be

measured in the Res 1 test holes during drillin g

a nd 24 hours afte r drillin g completio n to allo w

f or stabilizatio n of water levels .

Installatio n of monitor wells . Each of the holes

wil l be completed as monitor well s in the tailings

if water is encountered. The well s wil l be

screened near the base of the tailings . The well s

wil l be developed and sampled and the sample s wil l

be analyzed for the parameters listed in Tabl e 2-

5. . . . '• .. . .. . . . - • . .

Chemical Analyses . Al l tailin g an d foundatio n

samples fro m the Res 2 hole and the deeper hole at R es 1 wil l be analyzed for the parameters listed

in Tabl e 2-2. The remaining hole at Res 1 wil l besampled at the followin g depths and submitted for

chemical analysis:

i. Withi n 5 fee t above groundwater in the

tailin g if the groundwater is at a depth .

greater than 10 feet .

i i. Withi n 5 fee t below groundwater

iii. Withi n 5 fee t above the foundatio n material

if the vertical distance between groundwater .-i,

and the foundatio n material is greater than

. 1 0 feet . . .:.'.. . - : . ,..'-: •
i v. Withi n the foundatio n material below the

tailing. .

;

d. Geotechnical Analyses . Sample s from the test

holes wil l be tested for physical parameters. The

 ;

testin g may include: *•

i. Moisture content; ASTM D2216

i i . Wet an d densities; ASTM D2216

iii. Particle size distribution ; ASTM D421 and D422

iv.• Atterberg limit s (liquid limit an d plasticit y

index) ; ASTM D4318

The specifi c geotechnical testin g program wil l be

established based on the type s of material s

encountered, samples recovered, and engineering

judgment . Other properties for design will be

estimated fro m index propertie s or collected

durin g remedial design , i f needed.

An amendment to the approved workplan addressin g the

above requirements shal l be submitted to EPA no later

. than September 15, 1991.

2 ) Investigation s of Hecla tailings .

T he investigation s of Hecla tailings specified i n Sectio n 2.3.5, page 2-20, are approved. However, these

investigations should not begin until September 16,

1991. In the event that "an administrative order on

consent or unilateral administrative order with an

approved work pla n for study of these tailings is

issued to Hecla Minin g Company by September 15, 1991,

this section of the work pla n shal l be null and void.

D .. Changes to Surfac e Water, Bed Material and Aquatic Ecosystem Data Collectio n Program Work Plan , Jun e 1991, Exhibit 6.

1) Page 2-1 , Objectives: Remove the phrase, "Eliminate .i:;:;:':;..:: :;,

samplin g at stations where contaminants of concern are

not detected."

2) Sectio n 4.2, Page 4-3: Correct the range for zinc

concentrations to read 630 - 9150 mg/1. -

2

) Tabl e 6-1 ; Change EPA GFAA method for lead to 239.2;

 :

. .: Change method number for pH to 150.1; .''--.',•

VWftfo i gST :
Change method number for bicarbonate and

carbonate to SM403 ; Change method number for cyanide to 335.3.

4) Figure 6-1: Modif y sample location numbering system to

correspond to the USGS numbering system for

surfac e water samplin g locations on the Arkansas River and its tributaries .

5) Table 6-2: Add detection limit s for parameters to be

analyzed in bed material samples . See Attachment I , USEPA Contract Laboratory Program, Statement of Work For Inorganic Analysis , Multi-Media, Multi-Concentration , ILM01.0 , July , 1988. However, the CRDL i s

dependen t on the dry weight of the sample. T he method to determine sediment detection

limit s is as follows :

(Aqueous CRDL s (ug/L ) X 0.200D/1 gram

(dry)* .

* Dry weight = weight X % solids

Antimon y must be analyzed using the Furnace AA analysis , method 204.2.

6) SOP 2A, Page 6: Remove paragraph 1, since depthintegrated samplin g is not appropriate in the Arkansas River Basin.

7) SOP 2A, Page 12, Paragraph 2: Sample s for alkalinity ,

chloride, fluoride , and cyanide must be

determined as total s (i.e. , unfiltered) . Add

that samples will be checked for the presence -

of chlorine and sulfide , which may interfere

with the cyanide analysis.

8) SOP 2A, Page 13 and 14, Rinsate Sample s and Field Blanks: Modif y last sentence to state that

one rinsate sample wil l be collected for

every twenty (20 ) water:samples or once a . day, whichever is more frequent . ' /""

9) SOP 4A, Page 7, Water Flea Toxicit y Testing: - - Modif y text to state that samples from California Gulch may require dilutio n to 0.25

. . percent, since toxicity below 1 percent has

been observed in previous studies.

1 0) SOP 4A, Page 7, Fathead Minnow Toxicit y Testing ; .::;;

. -Modif y third sentence to state that the ; fathead minnow tests shall be conducted for ^ ^ :4 '

; ;

.:-w^
forty-eight (48 ) hours at 20°C(+/-2°C) . Modif y next sentence to state that the

minnows wil l be fed 0.1 milliliter brine

shrimp prior to selection and at 24 hours.

11 ) SOP 4A, Page 8, Benthic Macroinvertebrates: - A dd the following: "At stations where the flow s are .

too high for a standard D-frame kick-net

sampler, a kick screen sampler will be used. A technician will be required to hold the

sampler in place while a second technician

agitates the streambed surrounded by the

sampler. Sample s will be put into white pans

for pre-sorting and will be rinsed through a number 30 mesh screen prior to

1

 preservation. Sample s will be preserved with 95% ethanol

a nd placed in non-breakable (i.e. , plastic )

containers. Streamflo w measurements will be

conducted concurrently with sample

collection."

A dd the stipulatio n that when a benthic sample cannot

be identified to the Genus level for the

chironomidae Family , the sample will be given

to EPA for identification .

1 2) SOP 4A, Page 9, Fish: Add the sentence, "Fish age will

also be confirmed by using a standard fish

scale analysis."

1 3) SOP 4A, Page 10, Fish : Smal l fis h must be collected to

obtain a minimum weight of 300 - 500 grams.. Add copper, chromium and arsenic to the list .

of parameters in the last paragraph. • ; .: -

:

1 4) SOP 4A, Page 12, Tabl e 4-1: Tabl e 4-1 must be modified

as follows : .

A dd an additional samplin g station to sample

t he contaminant plume at station AR-3 for all .-.

 :

 • >;;;

parameters. The stations should be labeled ,. , ,:S

as AR-3E and AR-3W-to indicate east and west .::--. •

bank. , '..'.,: • , • - ...:/.,:•".•; :.... , ..:.._;'...- . •;;.::•;'.'_:;,-;;; , A dd a surfac e water samplin g station downstream of AR-3. Immediatel y above the confluenc e of Hal f Moon Creek should be the approximate

" • location. : • ; '-'^ :•".• • • " . ;'• • • ••-. . - . . .,-•!

A dd Statio n EM-2, EM-3, and EM-4 to be sampled for fish

(total of 15 fish samplin g stations) . , . :

;
A dd an additional station on California Gulch upsti=

of the Yak Tunne l discharge to the list of Benthic samplin g stations.

A dd stations IG-1, HC-1, LF-1, an d EF-1 to the toxir

testin g list (total of 19 toxicit y testin g

stations) .

1 5) A storm event surfac e water samplin g program must rimplemented during the summer of 1991. Attachment 2 is a minimum requirements

program that must be incorporated into the

samplin g program. Add language regardin g the

storm event samplin g program indicating that

EPA will be notified every time that a storm

event sample is collected.

8
ATTACHMENT 2

MINIMUM REQUIREMENT S FOR A STORM EVENT

SAMPLING PROGRAM FOR SURFAC E WATER AT THE

CALIFORNI A GULC H SIT E

Purpose

T he storm event samplin g program is designed to determine

t he chemical loadin g of metals to the Arkansas River from California .Gulch during a rainfal l storm event. The data will

serve as a preliminar y determination of the effect s of a storm

event on the aquatic biota in the surfac e water. The result s

wil l also be used to determine whether a detailed storm event

monitoring program wil l be designed for Californi a Gulch Sit e in

t he future .

F or purposes of thi s monitoring program, a storm event is

defined as a rain event that results in at a minimum of 0.1

inches of rainfal l to a surface .

Data Quality Objectives

T he data qualit y objective of the storm event surface water

data collection is to collect data of sufficien t quality to

determine the changes in water column chemistry and possible

impacts to aquatic biota in the Arkansas River from California Gulch during storm events. The data will be used to determine

the chemical loadin g of metal s during a storm event to the Arkansas River. Other potential uses of the data include:

o 'environmenta l baseline risk assessment;- -,-

;

 ,

o surface water modelin g of contaminant transport from California Gulch;

o and, screening and evaluation of remedial measures.

Parameters

flo w copper

pH ""'"" " iron

conductivity . . . lead

total suspended sediment magnesium

arsenic . manganese

_cadmium silver

calcium „ • zinc .-••-•

Toxicit y
Sampl e Locations

CG6: California Gulch above the confluence with the Arkansas River;

AR2: Arkansas River upstream of California Gulch;

AR3E : East Bank of the Arkansas River downstream of California Gulch;

AR3A : Arkansas River downstream of ARSE .

Frequenc y •

Sample s must be collected during rainfal l storm events that

occur between Augus t 1, 1991 and September 30, 1991. The

samplin g interval during the storm event should be designed to

capture samples in the range of every 15 minutes to one hal f

hour. .

Instrumentatio n

Sample s must be collected using precipitation-activated

samplers or by personnel located near the site directed to

collect samples when a storm event that result s in 0.1 in. or

more of precipitatio n occurs.