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UNITED STATES

ENVIRONMENTAL PROTECTION AGENCSC :.".;' J O ".«., .

REGION 6 p^,. " - •'"

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IN THE MATTER OF: § 1ST

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§ UNILATERAL ADMINISTRATIVE

MANY DIVERSIFIED INTERESTS § ORDER FOR REMOVAL RESPONSE

SUPERFUND SITE § ACTIVITIES

§

HOUSTON, HARRIS COUNTY, TEXAS §

§

RESPONDENT § U.S. EPA REGION 6

ASHLAND CHEMICALS. ETAL. § CERCLA DOCKET NO. 6-15-99

§

Proceeding Under Section 106(a) of the §

Comprehensive Environmental Response, §

Compensation, and Liability Act, §

as amended, 42 U.S.C. § 9606(a) §

I. JURISDICTION AND GENERAL PROVISIONS

1 ."This Order is issued pursuant to the authority vested in the President of the

United States by Section 106(a) of the Comprehensive Environmental Response, Compensation,

and Liability Act (CERCLA), 42 U.S.C. § 9606(a), and delegated to the Administrator of the

United States Environmental Protection Agency (EPA) by Executive Order No. 12580, January

23,1987, 52 Federal Register 2923, and further delegated to the Regional Administrators by

EPA Delegation Nos. 14-14-Aand 14-14-B.

2. This Order pertains to the Many Diversified Interests Superfund Site ("Site"),

located at 3617 Baer Street in Houston, Harris County, Texas, approximately 2 to 3 miles east of

downtown. This Order requires Respondents listed in Attachment A to this Order to conduct the

removal action described herein to abate an imminent and substantial endangerment to the public

health, welfare or the environment that may be presented by the actual or threatened release of__

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hazardous substances at or from the Site.

3. EPA has notified the Texas Natural Resource Conservation Commission

("TNRCC") of this action pursuant to Section 106(a) ofCERCLA, 42 U.S.C. § 9606(a).

II. PARTIES BOUND

4. This Order applies to and is binding upon Respondents and Respondents'

heirs, directors, officers, employees, agents, receivers, trustees, successors and assigns. Any

change in ownership or corporate status of any Respondent including, but not limited to, any

transfer of assets or real or personal property shall in no way alter Respondent's responsibilities

under this Order.

5. Respondents shall ensure that their contractors, subcontractors, and

representatives receive a copy of this Order and comply with this Order. Respondents shall be

responsible for any noncompliance with this Order.

III. DEFINITIONS

6. Unless otherwise expressly provided herein, terms used in this Order that are

defined in CERCLA or in regulations promulgated under CERCLA shall have the meaning

assigned to them in the statute or its implementing regulations. Whenever terms listed below are

used in this Order or in the documents attached to this Order or incorporated by reference into

this Order or in schedules and deadlines established and approved pursuant to this Order, the

following definitions shall apply:

7. "Action Memorandum" shall mean the action memorandum prepared and

executed September 25,1998, by EPA documenting Site conditions and selecting the response

action for the Site.

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8. "ARARs" shall mean all applicable local, state, and Federal laws and

regulations, and all "applicable" or "relevant and appropriate" requirements as those terms are

defined at 40 CFR § 300.5 and 42 U.S.C. § 9621(d).

9. "CERCLA" shall mean the Comprehensive Environmental Response,

Compensation, and Liability Act of 1980, as amended, 42 U.S.C. §§ 9601 et seq.

10. "Day" shall mean calendar day unless expressly stated to be a business day.

"Business day" shall mean a day other than a Saturday, Sunday, or Federal holiday. In

computing any period of time under this Order, where the last day would fall on a Saturday,

Sunday, or Federal holiday, the period shall run until the end of the next business day.

11. "EPA" shall mean the United States Environmental Protection Agency.

12. "TNRCC" shall mean the Texas Natural Resource Conservation Commission.

13. "National Contingency Plan" or "NCP" shall mean the National Oil and

Hazardous Substances Pollution Contingency Plan promulgated pursuant to Section 105 of

CERCLA, 42 U.S.C. § 9605, and codified at 40 CFR Part 300, including any amendments

thereto.

14. "Order" shall mean this document and all attachments hereto and any further

submittal(s) required pursuant to this Order. Such further submittal(s) shall be incorporated into

and become a part of this Order upon final written approval by EPA of such submittal(s).

15. "Paragraph" shall mean a portion of this Order identified by an Arabic

numeral.

16. "Performance Standards" shall mean those cleanup standards, standards of

control, and other substantive requirements, criteria, or limitations, identified in and/or required

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by this Order and its attachments, including the Work Plan.

17. "Disposal Plan" or "DP" shall mean the document setting forth

implementation of the removal action at the Site, including the removal and proper disposal of all

hazardous substances, pollutants, contaminants, contaminated materials, and contaminated soil.

18. "Removal Action" shall mean those activities to be undertaken by

Respondents pursuant to this Order and the attached Statement of Work.

19. "Section" shall mean a portion of this Order identified by a roman numeral

and including one or more paragraphs.

20. "Site" shall mean the Many Diversified Interest Site, as described in

Paragraph 2 of this Order and as further described in the Action Memorandum.

21. "State" shall mean the State of Texas.

22. "Submittal" includes all written information Respondents are required to

produce pursuanfto the terms of this Order, including but not limited to correspondence, tasks,

plans, reports, deliverables, specifications, and schedules.

23. "United States" shall mean the United States of America.

24. "Work" shall mean all activities Respondents are required to perform under or

pursuant to this Order and any attachments hereto or any documents incorporated herein.

IV. FINDINGS OF FACT

25. The Many Diversified Interests Superfund Site consists of approximately 36

acres in a mixed industrial/residential land use area located 2 to 3 miles east of downtown

Houston, Harris County, Texas at 3617 Baer Street.

26. The Site is bound by a metal chain link fence on the west, north, and east and

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by a low brick wall in part along the southern property boundary.

27. The Site was initially a steel casting operation owned and operated in 1926 by

a company named Texas Electric Steel Casting Company (TESCO). The primary operations

included manufacturing of specialty molds and casting specialty steel parts.

28. Process operations at the TESCO facility included casting many different

types of steel, such as high-carbon, chrome moly, high nickel, and different grades of stainless

steel. Scrap steel from an on-site scrap metal yard and iron were melted in the carbon furnaces,

tested, and corrected to the proper percentage of nickel, chromium and molybdenum, then poured

into the molds until the steel emerged from the riser.

29. On May 4,1983, the EPA conducted an inspection of the TESCO facility. On

September 23,1983, the EPA Region 6 filed a Complaint and Notice of Opportunity for Hearing

against TESCO for allegedly failing to mark its PCB capacitors with the proper label, improperly

disposing of PCBs, and failure to develop and maintain records on its PCBs or to prepare annual

documents on its PCBs.

30. During the mid-1980s, a part of the site was leased to Can-Am Resources

Group (Can-Am) for the purpose of operating a spent catalyst recycling operation. Can-Am

reportedly stored 2,000 to 4,000 drums of spent catalyst material from refineries and chemical

plants on the leased portion of the site. By 1988, the spent catalyst operations ceased and the

stored drums of spent catalyst were abandoned at the site.

31. On February 15,1990, Texas Water Commission (TWC) conducted a

preliminary investigation of the TESCO site as a result of observing numerous drums at the Site.

On June 26,1990, a formal site inspection was conducted by TWC in which it was noted that

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approximately 4,000 drums were located on-site with most in deteriorated condition; slag, ash,

and other debris from the steel remelting and remolding operations are buried on-site; a pond is

located on the facility; and runoffinto the street was occurring at the north drum area.

32 On July 2,1990, Mr. James Blackburn, Jr submitted a report to TWC on

behalf of TESCO describing the inventory of catalyst drums located at the facility. According to

TESCO's consultant, Dr Jack Matson, the site contained 4,236 drums with approximately 75%

of the drums corroded to varying degrees.

33 The EPA later determined through hazardous waste manifests that

Respondents sent drums of spent catalyst to Can-Am at the MDI site for use in Can-Am's spent

catalyst recycling operation.

34 In May and December 1998, EPA took photos at the Site of drums bearing

Respondent's names and labels confirming that Respondents' drums were still present at the Site

35" These drums were shown to contain heavy metals such as lead, molybdenum,

and nickel, all of which are hazardous substances as defined in Section 101(14) ofCERCLA.

36. In February 1991, TESCO ceased operations at the site as well. MDI

foreclosed on the site in March 1991, and the site reopened as San Jacinto Foundry (SJF), a

subsidiary of MDI SJF operated the facility until about June 1992, when operations ceased and

the site became inactive.

37 On May 20, 1992, MDI filed for Chapter 7 bankruptcy in the United States

Bankruptcy Court for the Southern District of Texas, Houston Division. The estate is currently in

receivership with a court appointed trustee, Mr Robby R. Waldron. From about March 1995

through the middle of January 1996, salvage operations were conducted at the MDI Site by the

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trustee as approved by court order. These operations included the dismantling of steel buildings

and scrapping, transporting and sale of all surface assets.

V. CONCLUSIONS OF LAW AND DETERMINATIONS

Based on the Findings of Fact set forth above, and the Administrative Record supporting this

i .

removal action, EPA has determined that:

;'

38. The Many Diversified Interests Site is a "facility" as defined by section 101(9)

ofCERCLA, 42 U.S.C. § 9601(9)

39 The contaminants found at the Site include hazardous substance(s) as defined

by section 101(14) ofCERCLA, 42 U S.C § 9601(14), and further defined at 40 CFR § 302.4

40. Each Respondent is a "person" as defined by section 101(21) ofCERCLA, 42

U.S.C. § 9601(21).

41 Each Respondent is a liable party as defined at Section 107(a) ofCERCLA,

42U.SC §9607(a)

i *

42. The conditions described in the Findings of Fact above constitute an actual or

threatened release of hazardous substances from the facility as defined by Sections 101(22) of

CERCLA,42USC §9601(22)

43 The conditions present at the Site constitute an imminent and substantial

endangerment to public health, welfare, or the environment within the meaning of Section 106(a)

ofCERCLA, 42 U S C §9606(a).

44. The removal action required by this Order is necessary to protect the public

health, welfare, or the environment, and are not inconsistent with the NCP and CERCLA.

VI. ORDER

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45 Based upon the foregoing Findings of Fact, Conclusions of Law,

Determinations, and the Administrative Record for this Site, EPA hereby orders that Respondent

comply with the following provisions, including but not limited to all attachments to this Order, all

i • i

documents incorporated by reference into this Order, and all schedules and deadlines in this

Order, attached to this Order, or incorporated by reference into this Order, and perform the

following actions*

A. Notice of Intent to Comply

46. Respondents shall notify EPA in writing within 7 days after the effective date

of this Order of Respondents' irrevocable intent to comply with this Order. Failure of any

Respondent to provide such notification within this time period shall be a violation of this Order

by such Respondent.

B Designation of Contractor. Project Coordinator, and On-Scene Coordinator

47 Respondents shall perform the removal action themselves or retain (a)

contractors) to perform the removal action Respondents shall notify EPA of their qualifications

or the name(s) and qualifications) of such contractors) within seven (7) business days of the

effective date of this Order. Respondents shall also notify EPA of the name(s) and qualifications)

of any other contractors) or subcontractors) retained to perform the removal action under this

Order at least five (5) days prior to commencement of such removal action. EPA retains the right

to disapprove of any, or all, of the contractors and/or subcontractors retained by the Respondent,

or of Respondents' choice of themselves to do the removal action.

48 If EPA disapproves of a selected contractor. Respondents shall retain a

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different contractor or notify EPA that they will perform the removal action themselves within

five (5) business days following EPA's disapproval and shall notify EPA of that contractor's name

or Respondents' name and qualifications within five (5) business days of EPA's disapproval

49. Within seven (7) calendar days after notification to EPA of their intent to

comply with this Order, the Respondents shall designate a Project Coordinator who shall be

responsible for administration of all the Respondents' actions required by the Order. Respondents

shall submit the designated Project Coordinator's name, address, telephone number, and

qualifications to EPA To the greatest extent possible, the Project Coordinator shall be present

on-site or readily available during site work EPA retains the right to disapprove of any Project

Coordinator named by the Respondents. If EPA disapproves of a selected Project Coordinator,

Respondents shall retain a different Project Coordinator and shall notify EPA of that person's

name and qualifications within five (5) business days following EPA's disapproval.

59" Receipt by Respondents' Project Coordinator of any notice or communication

from EPA relating to this Order shall constitute receipt by Respondents

51 The EPA has designated Warren Zehner of the U. S EPA Region 6 Office,

Response and Prevention Branch, as its On-Scene Coordinator (OSC). Respondents shall direct

all submissions required by this Order to the OSC at:

Warren Zehner (6SF-R1)

Response and Prevention Branch

Superfund Division

U S. EPA, Region 6

1445 Ross Avenue

Dallas, Texas 75202-2733

Phone#- (214) 665-2275

C Work to Be Performed

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52. Respondents shall perform, at a minimum, a removal action in accordance

with the Statement of Work as set forth in Attachment B to this Order.

C 1 Work Plan and Implementation

53. Within seven (7) days after notification to EPA of their intent to comply with

this Order, Respondents shall develop a Work Plan to conduct a Removal Action which conforms

with this Order and with the Statement of Work attached hereto as Attachment B.

54. EPA may approve, disapprove, require revisions to, or modify the draft Work

Plan. If EPA requires revisions. Respondents shall submit a revised draft Work Plan within five

(5) days of receipt ofEPA's notification of the required revisions. Respondents shall implement

the Work Plan as finally approved in writing by EPA in accordance with the schedule approved by

EPA Once approved, or approved with modifications, the Work Plan, the schedule, and any

subsequent modifications shall be fully enforceable under this Order

55" Respondents shall notify EPA at least 72 hours prior to performing any on-site

work pursuant to the EPA approved Work Plan. Respondents shall not commence or undertake

any removal actions at the Site without prior EPA approval

C.2 Health and Safety Plan

56. Within seven (7) days after notification to EPA of their intent to comply with

this Order, the Respondents shall submit for EPA review and comment a plan that ensures the

protection of the public health and safety during performance of on-site work under this Order

This plan shall be prepared in accordance with EPA's Standard Operating Safety Guide,

(November 1984, updated July 1988). In addition, the plan shall comply with all current

applicable Occupational Safety and Health Administration (OSHA) regulations. Hazardous Waste

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Operations and Emergency Response, found at 29 CFR Part 1910.

C.3 Disposal Plan

57. Respondents shall submit a written Disposal Plan to the OSC for approval

describing the planned off-site disposal of excavated materials, samples, and any investigation

derived wastes The plan should include the activity limits imposed by each disposal facility for

acceptance of the waste. Respondents shall arrange for transportation of hazardous substances,

pollutants, contaminants, contaminated materials, and contaminated soil by appropriately licensed

and permitted carrier, in accordance with applicable Department of Transportation regulations,

and any applicable and relevant local, state, or federal regulations.

58. Respondents shall demonstrate the ability, qualifications, and experience of the

carrier to properly and promptly transport as required.

59. Respondents shall notify the OSC at least 48 hours prior to the transportation

of any waste off-she.

60 To the extent practicable, the response actions described in the DP must

contribute to the efficient performance of any long term remedial action with respect to the

release or threatened release, as required by Section 104(a)(2) ofCERCLA, 42 U S C. §

9604(a)(2)

61. Respondents shall initiate and implement the removal action in accordance

with the approved DP and to the satisfaction and direction of the OSC. This shall include, but not

be limited to, the removal and proper disposal of all hazardous substances, pollutants,

contaminants, contaminated materials, and contaminated soil.

62. Any violation of the approved DP shall be a violation of this Order and subject

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to penalties of up to $27,500 per day for non-compliance pursuant to CERCLA Section 106(b),

42 U S C. § 9606(b). Unless otherwise directed by EPA, Respondents shall not perform any

work at the Site prior to EPA's written approval of the DP.

63 During the implementation of the DP, it may become necessary, due to

conditions at the Site, for the OSC to make modifications to the DP. The Respondents shall

comply and perform all such modifications as directed in writing by the OSC.

64. All work required pursuant to this Order shall be completed no later than

ninety (90) calendar days from the effective date of this Order. This time limit may be modified

(lengthened or shortened) based upon subsequent surveys and Site conditions

65 Respondents shall cooperate with EPA in providing information regarding the

work to the public. As requested by EPA, Respondents shall participate in the preparation of

such information for distribution to the public and in public meetings which may be held or

sponsored by EPA to explain activities at or relating to the Site

C.4 Quality Assurance and Sampling

66 All sampling and analyses performed pursuant to this Order shall conform to

EPA direction, approval, and guidance regarding sampling, quality assurance/quality control

(QA/QC), data validation, and chain of custody procedures Respondents shall ensure that the

laboratory used to perform the analyses participates in a QA/QC program that complies with the

appropriate EPA guidance

67 Respondents shall follow the following documents as appropriate as guidance

for QA/QC and sampling. "Quality Assurance/Quality Control Guidance for Removal Activities:

Sampling QA/QC Plan and Data Validation Procedures," OSWER Directive Number 9360 4-01;

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"Environmental Response Team Standard Operating Procedures," OSWER Directive Numbers

9360.4-02 through 9360.4-08; and the Representative Sampling Guidance for soil, air, ecology,

waste, and water as this information becomes finalized and available

68. Upon request by EPA, Respondents shall have such a laboratory analyze

samples submitted by EPA for quality-assurance monitoring Respondents shall provide to EPA

the quality assurance/quality control procedures followed by all sampling teams and laboratories

performing data collection and/or analysis

69. Upon request by EPA, Respondents shall allow EPA or their authorized

representatives to take split and/or duplicate samples of any samples collected by Respondents

while performing actions under this Order. Respondents shall notify EPA not less than seven (7)

days in advance of any sample collection activity. EPA shall have the right to take any additional

samples that it deems necessary.

C5 Post-Removal Site Control

70. In accordance with the Work Plan schedule, or as otherwise directed by EPA,

Respondents shall submit a proposal for post-removal site control within thirty (30) days of the

completion of the Removal Action that is consistent with Section 300.415(k) of the NCP and

OSWER Directive 9360 2-02 Upon EPA approval. Respondents shall implement such controls

and shall provide EPA with documentation of all post-removal site control arrangements.

C.6 Reporting

71 Respondents shall submit a written progress report to EPA concerning actions

undertaken pursuant to this Order every seventh (7th) day, and shall submit a written progress

report to EPA summarizing those actions at a minimum every thirty (30) calendar days after the

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date of receipt ofEPA's approval of the Work Plan until termination of this Order, unless

otherwise directed by the OSC in writing These reports shall describe all significant developments

during the preceding period, including the actions performed and any problems encountered,

analytical data received during the reporting period, and the developments anticipated during the

next reporting period, including a schedule of work to be performed, anticipated problems, and

planned resolutions of past or anticipated problems.

72 Any Respondents that owns any portion of the Site shall, at least 30 days prior

to the conveyance of any interest in real property at the site, give written notice that the property

is subject to this Order to the transferee and written notice to EPA and the State of the proposed

conveyance including the name and address of the transferee The party conveying such an

interest shall require that the transferee comply with Section VI, Paragraph D of this Order -

Access to Property and Information.

3.7 Final-Report

73. Within thirty (30) days after completion of all removal actions required under

this Order, the Respondents shall submit for EPA review and approval a final report summarizing

the actions taken to comply with this Order. The final report shall conform, at a minimum, with

the requirements set forth in Section 300.165 oftheNCP entitled "OSC Reports")

74 The final report shall include a good faith estimate of total costs or statement

of actual costs incurred in complying with the Order, a listing of quantities and types of materials

removed, a discussion of removal and disposal options considered for those materials, a listing of

the ultimate destinations of those materials, a presentation of the analytical results of all sampling

and analyses performed, and accompanying appendices containing all relevant documentation

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generated during the removal action (e.g.. manifests, invoices, bills, contracts, and permits).

75. The final report shall also include the following certification signed by a

person who supervised or directed the preparation of that report:

Under penalty of law, I certify that to the best of my knowledge, after appropriate

inquiries of all relevant persons involved in the preparation of the report, the information

submitted is true, accurate, and complete. I am aware that there are significant penalties

for submitting false information, including the possibility of fine and imprisonment for

knowing violations

D Access to Property and Information

76. Respondents shall provide and/or obtain access to the Site and off-site areas to

which access is necessary to implement this order, and provide access to all records and

documentation related to the conditions at the Site and the action conducted pursuant to this

Order. Such access shall be provided to EPA employees, contractors, agents, consultants,

designees, representatives, and State of Texas representatives

77. These individuals shall be permitted to move freely at the Site and appropriate

off-site areas in order to conduct actions which EPA determines to be necessary

78 Respondents shall submit to EPA, upon request, the results of all sampling or

tests and all other data generated by Respondents or their contractors, or on the Respondents

behalf during implementation of this Order. Where action under this Order is to be performed in

areas owned by or in possession of someone other than Respondents, Respondents shall use their

best efforts to obtain all necessary access agreements within seven (7) days after notification to

EPA of their intent to comply with this Order, or as otherwise specified in writing by the OSC.

Respondents shall immediately notify EPA if after using their best efforts they are unable to obtain

such agreements Respondents shall describe in writing their efforts to obtain access. EPA may

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then assist Respondents in gaining access, to the extent necessary to effectuate the removal

actions described herein, using such means as EPA deems appropriate.

79 EPA reserves the right to seek reimbursement from Respondents for all costs

and attorney's fees incurred by the United States in obtaining access for Respondents

E Record Retention. Documentation. Availability of Information

80. Respondents shall preserve all documents and information relating to work

performed under this Order, or relating to the hazardous substances found on or released from the

Site, for ten years following completion of the removal actions required by this Order. At the end

of this ten year period and 30 days before any document or information is destroyed. Respondents

shall notify EPA that such documents and information are available to EPA for inspection, and

upon request, shall provide the originals or copies of such documents and information to EPA. In

addition. Respondents shall provide documents and information retained under this Section at any

time before expiration of the ten year period at the written request of EPA.

81. Respondents may assert a business confidentiality claim pursuant to 40 CFR §

2 203(b) with respect to part or all of any information submitted to EPA pursuant to this Order,

provided such claim is allowed by Section 104(e)(7) ofCERCLA, 42 U S C. § 9604(e)(7).

Analytical and other data specified in Section 104(e)(7)(F) ofCERCLA, 42 U.S.C § 9604(e)(7),

shall not be claimed as confidential by the Respondents. EPA shall only disclose information

covered by a business confidentiality claim to the extent permitted by, and by means of the

procedures set forth at, 40 CFR Part 2, Subpart B. If no such claim accompanies the information

when it is received by EPA, EPA may make it available to the public without further notice to

Respondents

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F. Off-Site Shipments

82. All hazardous substances, pollutants or contaminants removed off-site

pursuant to this Order for treatment, storage, or disposal shall be treated, stored, or disposed of at

a facility in compliance, as determined by EPA, pursuant to CERCLA Section 121(d)(3), 42

U SC section 9621(d)(3), and the following rule: "Amendment to the National Oil and

Hazardous Substances Pollution Contingency Plan, Procedures for Planning and Implementing

Off-Site Response Action: Final Rule." 58 FR 49200 (September 22, 1993), and codified at 40

CFR § 300.440 Regional Offices will provide information on the acceptability of a facility under

CERCLA Section 121(d)(3), 42 U.S.C. § 9621(d)(3), and the above-referenced rule.

G. Compliance With Other Laws

83 Respondents shall perform all actions required pursuant to this Order in

accordance with aH applicable local, state, and federal laws and regulations except as provided in

CERCLA section 121(e) and 40 CFR § 300 415(i) In accordance with 40 CFR § 300 415(i), all

on-site actions required pursuant to this Order shall, to the extent practicable, as determined by

EPA, considering the exigencies of the situation, attain applicable or relevant and appropriate

requirements (ARARs) under federal environmental, state environmental, or facility siting laws.

(See "The Superfund Removal Procedures for Consideration of ARARs During Removal

Actions," OSWER Directive No 9360 3-02, August 1991).

H. Emergency Response and Notification of Releases

84 If any incident, or change in site conditions, during the actions conducted

pursuant to this Order causes or threatens to cause an additional release of hazardous substances

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from the Site or an endangerment to the public health, welfare, or the environment, the

Respondents shall immediately take all appropriate action. The Respondents shall take these

actions in accordance with all applicable provisions of this Order, including, but not limited to the

Health and Safety Plan, in order to prevent, abate or minimize such release or endangerment

caused or threatened by the release. Respondents shall also immediately notify the OSC or, in the

event of his unavailability, shall notify the Regional Duty Officer at (214) 665-2222 of the incident

or site conditions

85. If Respondents fails to take action, then EPA may respond to the release or

endangerment and reserve the right to pursue cost recovery. In addition, in the event of any

release of a hazardous substance. Respondents shall immediately notify EPA's OSC at 214-665-

2275 and the National Response Center at telephone number (800) 424-8802 Respondents shall

submit a written report to EPA within seven (7) days after each release, setting forth the events

that occurred and-the measures taken or to be taken to mitigate any release or endangerment

caused or threatened by the release and to prevent the reoccurrence of such a release. This

reporting requirement is in addition to, not in lieu of, reporting under CERCLA Section 103(a),

42 U S C § 9603(a), and Section 304 of the Emergency Planning and Community Right-ToKnow Act of 1986,42 U S C. § 11004.

Vn. AUTHORITY OF THE EPA ON-SCENE COORDINATOR

86. The OSC shall be responsible for overseeing the proper and complete

implementation of this Order The OSC shall have the authority vested in an OSC by the NCP, 40

CFR § 300 120, including the authority to halt, conduct, or direct any action required by this

Order, or to direct any other removal action undertaken by EPA or Respondents at the Site.

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Absence of the OSC from the Site shall not be cause for stoppage of work unless specifically

directed by the OSC.

87 EPA and Respondents shall have the right to change their designated OSC or

Project Coordinator EPA shall notify the Respondents, and Respondents shall notify EPA within

five (5) days, before such a change is made Notification may initially be made orally, but shall be

followed promptly by written notice.

Vffl ENFORCEMENT; PENALTIES FOR NONCOMPLLANCE

88 Violation of any provision of this Order may subject Respondents to civil

penalties of up to twenty-seven thousand five-hundred dollars ($27,500) per violation per day, as

provided in section 106(b)(l) ofCERCLA, 42 U.S.C. § 9606(b)(l) Respondents may also be

subject to punitive damages in an amount up to three times the amount of any cost incurred by the

United States as a result of such violation, as provided in Section 107(c)(3) ofCERCLA, 42

U S C. § 9607(c)(3). Should Respondents violate this Order or any portion hereof, EPA may

carry out the required actions unilaterally, pursuant to Section 104 ofCERCLA, 42 U.S.C. §

9604, and/or may seek judicial enforcement of this Order pursuant to Section 106 ofCERCLA,

42US.C §9606

IX. RESERVATION OF RIGHTS

89 Except as specifically provided in this Order, nothing herein shall limit the

power and authority of EPA or the United States to take, direct, or order all actions necessary to

protect public health, welfare, or the environment or to prevent, abate, or minimize an actual or

threatened release of hazardous substances, pollutants or contaminants, or hazardous or solid

waste on, at, or from the Site Further, nothing herein shall prevent EPA from seeking legal or

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equitable relief to enforce the terms of this Order, from taking other legal or equitable action as it

deems appropriate and necessary, or from requiring the Respondents in the future to perform

additional activities pursuant to CERCLA or any other applicable law. EPA reserves the right to

bring an action against Respondents under Section 107 of CERCLA, 42 U.S C. § 9607, for

recovery of any response costs incurred by the United States related to this Order or the Site and

not reimbursed by Respondents.

X OTHER CLAIMS

90. By issuance of this Order, the United States and EPA assume no liability for

injuries or damages to persons or property resulting from any acts or omissions of Respondents.

The United States or EPA shall not be deemed a party to any contract entered into by the

Respondents or their directors, officers, employees, agents, successors, representatives, assigns,

contractors, or consultants in carrying out actions pursuant to this Order.

91" This Order does not constitute a pre-authorization of funds under Section

11 l(a)(2) of CERCLA, 42 U.S C. § 961 l(a)(2). Nothing in this Order shall constitute a

satisfaction of or release from any claim or cause of action against the Respondents or any person

not a party to this Order, for any liability such person may have under CERCLA, other statutes,

or the common law, including but not limited to any claims of the United States for costs,

damages and interest under section 106(a) and 107(a) of CERCLA, 42 U.S.C § 9606(a) and

9607(a)

XI MODIFICATIONS

92. Modifications to any plan or schedule or the attached Statement of Work may

be made in writing by the OSC or at the OSC's oral direction If the OSC makes an oral

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modification, it will be memorialized in writing within five (5) days; provided that, the effective

date of the modification shall be the date of the OSC's oral direction. The rest of the Order, or

any other portion of the Order may only be modified in writing by signature of the delegated

signatory or designee ofEPA Region 6. If Respondents seeks permission to deviate from any

approved plan or schedule (or Statement of Work), Respondents' Project Coordinator shall

submit a written request to EPA for approval outlining the proposed modification and its basis.

93. No informal advice, guidance, suggestion, or comment by EPA regarding

reports, plans, specifications, schedules, or any other writing submitted by the Respondents shall

relieve the Respondents of their obligation to obtain such formal approval as may be required by

this Order, and to comply with all requirements of this Order unless it is formally modified.

Xn. NOTICE OF COMPLETION

94. When EPA determines, after EPA's review of the Final Report, that all

removal actions have been fully performed in accordance with this Order, with the exception of

any continuing obligations required by this Order, EPA will provide notice to the Respondents If

EPA determines that any removal actions have not been completed in accordance with this Order,

EPA will notify the Respondents, provide a list of the deficiencies, and require that Respondents

modify the Work Plan to correct such deficiencies The Respondents shall implement the

modified and approved Work Plan and shall submit a modified Final Report in accordance with

the EPA notice Failure by Respondents to implement the approved modified Work Plan shall be

a violation of this Order.

Xm ACCESS TO ADMINISTRATIVE RECORD

95. The Administrative Record supporting these removal actions is available for

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review at EPA Region 6, 1445 Ross Ave, Dallas, Texas 75202.

XIV. OPPORTUNITY TO CONFER

96 Within seven (7) days after issuance of this Order, Respondents may request a

conference with EPA Any such conference shall be held within fourteen (14) days after the

effective date unless extended by agreement of the parties. At any conference held pursuant to

the request. Respondents may appear in person or be represented by an attorney or other

representative If a conference is held. Respondents may present any information, arguments or

comments regarding this Order Regardless of whether a conference is held. Respondents may

submit any information, arguments or comments in writing to EPA within five (5) days following

the conference or within seven (7) days following issuance of the Order if no conference is

requested This conference is not an evidentiary hearing, does not constitute a proceeding to

challenge this Order, and does not give Respondents a right to seek review of this Order.

Requests for a conference, or any written submittal under this paragraph, shall be directed to

Keith Smith (6RC-S), Assistant Regional Counsel, EPA Office of Regional Counsel, 1445 Ross

Ave, Dallas, Texas 75202, (214) 665-2157 (ph), and e-mail. smith.keith@epa gov.

XV INSURANCE

97. At least seven (7) days prior to commencing any on-site work under this

Order, the Respondents shall secure, and shall maintain for the duration of this Order,

comprehensive general liability insurance and automobile insurance with limits of one million

dollars, combined single limit Within the same time period, the Respondents shall provide EPA

with certificates of such insurance and a copy of each insurance policy. If the Respondents

demonstrate by evidence satisfactory to EPA that any contractor or subcontractor maintains

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insurance equivalent to that described above, or insurance covering the same risks but in a lesser

amount, then the Respondents need provide only that portion of the insurance described above

which is not maintained by such contractor or subcontractor

XVI SEVERABILTTY

98. If a Court issues an order that invalidates any provision of this Order or finds

that Respondents have sufficient cause not to comply with one or more provisions of this Order,

Respondents shall remain bound to comply with all provisions of this Order not invalidated or

determined to be subject to a sufficient cause defense by the Court's order.

XVn. EFFECTIVE DATE

99. This Order shall be effective upon the signature of the Division Director.

IT IS SO ORDERED

BY/A^/^fe ^DATE:

 MAY \ s 1999

Myron 0 Knudson.P.E /

Director

Superfund Division

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ATTACHMENT A

MANY DIVERSIFIED INTEREST SITE

Houston, Harris County, Texas

UNILATERAL ADMINISTRATIVE ORDER RECIPIENTS

Mr. Stephen W. Leermakers

Senior Litigation Counsel

Ashland Chemical Inc.

P.O. Box 2219

Columbus, Ohio 43216

Ashland Chemical Inc

Registered Agent

CT Corporation System

350 N St. Paul Street

Dallas, TX 75201

Mr. Daniel L. Hemker

Senior Superfund Specialist

Chevron Research and Technologies Co.

100 Chevron Way, Rm. 61-1611

Post Office Box 1627

Richmond, California 94802-0627

Chevron U.S.A. Inc.

Registered Agent

Prentice-Hall Corp. System, Inc.

800 Brazos

Austin, TX 78701

Ms. Sandra Nichols

Environmental Manager

EurecatU.S.,Inc.

13100BayparkRoad

Pasadena, TX 77507

Mr. Kyle Harris

Environmental & Safety Department

Operations Integrity & Environmental

Response Services

Exxon Corporation

P.O. Box 2180

Houston, TX 77252-2180

014660
Mr. John F. Tully

Registered Agent

Exxon Corporation

800 Bell St

Houston, TX 77002

Mr. Thomas A. Loftus, ffl

Attorney at Law

Legal Department

Koch Industries, Inc.

4111 East 37th Street, North

Wichita, Kansas 67220

Koch Refining Company

Registered Agent

CT Corporation System

350 N St. Paul Street

Dallas, TX 75201

Mr. R. Scott McCay

Senior Attorney

Legal Department

Texaco Inc.

P.O Box 4596

Houston, TX 77210-4596

Texaco Inc.

Registered Agent

Prentice Hall Corp System, Inc.

800 Brazos

Austin, TX 78701

Mr David Horstman, Registered Agent

Delta Resins & Refractories

17350 Ryand Road

Detroit, Michigan 48212

Mr Nicholas J. Nedeau

Senior Counsel

Universal Oil Products Company

25 East Algonquin Road

Des Plaines, EL 60017

014661
Universal Oil Products Company

CT Corporation System

350 N St. Paul Street

Dallas, TX 75201

Mr. Kent H. Smith, President

Joe H. Smith Co., Inc.

Post Office Box 837

Cypress, Texas 77410-0837

Mr. Denis W Oliver, President

Ireland Alloys, Inc.

11300 FM 529

Houston, Texas 77041

Ireland Alloys, Inc

11300 Spencer Road

Houston, Texas 77241

Mr. Jeffrey S. Lang

Rhodia Incorporated

CN7500

Cranbury,NJ 08512-7500

C T Corporation,~Registered Agent

Rhodia Incorporated

350 N. St. Paul Street

Dallas, Texas 75201

014662