### CONSENT DECREE MODEL
This model was createdusing several WordPerfect 5.1 features: Comment Boxes, Automated Generation ofTable ofContents. Footer Code,containing automatic date ofprint, and Line Numbering. 1. Comment Boxes are used to give the reader assistance and/or options on the screen as they work through the document but they do not print and do not appear inView (Shift F7-6). Ifyour commentboxes are not appearing to you, you need to change your Setup (Shift-F1), 2, 6, 2. Make sure your comments display is set to Yes. 2. Options are contained inbrackets []. To search for each occurrence of bracketed text; press F2-Search. Type [ andpress F2 again. Replace the bracketed text with the appropriate information. Press F2 twice to find the next occurrence ofbracketed text. 3. The abbreviation [PLP] is used throughout the document to represent where to put the name ofthe owner/operator. To search for each occurrence of [PLP] , press F2-Search.Type PLP (withoutbrackets) and press F2 again. Replace the [PLP] with the name of the owner/operator. Press F2 twice to find the next occurrence. 4. After editing document, the page numbering for the Table ofContents can automaticallybe createdby following these instructions: 1. Press [Alt-'5] 2. Choose 6-Generate 3. Choose 5-Generate Tables, Indexes, Cross References
... 4. Press Yfor Yes. Table ofContents Page Numbering is automatically generated. 5. Once document is complete, youmaychoose to delete the commentboxes. Commentsboxes canbe searched for and deletedby using the Replace feature ofWordPerfect. Press A1t-F2. At the w/Confirm? prompt, you can choose Yes ifyouwant WordPerfect to at each commentbox before deleting it or choose No ifyou want them all deletedwithout stopping. At the Srch: prompt,' press Ctr1-F5, 1. This will place the [Comment] code at the search string. Press F2. At the Replace with: prompt, simply press F2 again; in essence, you are replacing Comment boxes with "nothing," a technique also known as search and destroy. Please contact Sue Smith (Text Processing Center) at 407-6591 ifyouhave any questions regarding the WordPerfect techniques used for this model.-------- -**-~-----------**

CD-O/O/93



### NOTE: SITEMANAGERS MUST CONTACT"THEIRASSIGNEDASSISTANTATTORNEYGENERAL BEFORE DISCUSSING CONTENTS OFACONSENT DECREEWITH POTENTIALLY LIABLE PERSON. THIS MODELVAS DEVELOPED FORUSEVITHRCRATREATMENT, STORAGE, AND DISPOSALFACILITIES. INTHE SUPERIOR COURT OFTHE STATE OFWASHINGTON FOR COUNTY 

# c

v. 

### STATE OFWASHINGTON DEPARTMENT OF ECOLOGY, ) ) ) ) ) ) 

### ---------------) No.

_ 

### CONSENT DECREE

TABLE OFCONTENTS I. INTRODUCTION
. 3 

### II. JURISDICTION
. 4 

### III. PARTIES BOUND 5



### IV. DEFINITIONS 

## · 5



### V. STATEMENTOF FACTS
. 9 

# 0 VI. WORKTO BE PERFORMED 12 

### VII. DESIGNATED PROJECT COORDINATORS 14 

### VIII. PERFORMANCE 

## . . 15" 

### IX. ACCESS 

## · 15

X. 

### SAMPLING, DATAREPORTING, ANDAVAILABILITY 16 

### XI. PROGRESS REPORTS 

## . 16 

### XII. STIPULATED PENALTIES 17 

### XIII. RETENTION OFRECORDS 

## . 18



### XIV. TRANSFEROF INTEREST INPROPERTY 18



### XV. RESOLUTIONOFDISPUTES
. 19 

### XVI. AMENDMENT OFCONSENTDECREE 20

I 

### XVII. EXTENSIONOF SCHEDULE 21 

### XVIII. ENDANGERMENT
. 22 

### XIX. OTHERACTIONS 24



### XX. INDEMNIFICATION 25 

### XXI. COMPLIANCEWITHAPPLICABLELAWS 25 

### XXII. REMEDIALAND INVESTIGATIVE COSTS 25 

### XXIII. IMPLEMENTATIONOFREMEDIALACTION 26



### XXIV. FIVEYEARREVIEll
. 27



### XXV. PUBLIC PARTICIPATION
. 27 

### XXVI. DURATIONOFDECREE 29 

### XXVII. CLAIMS AGAINSTTHE STATE " 

## . 29 

### XXVIII. EFFECTIVE DATE
. 

# · . 29 

### XXIX. PUBLIC NOTICEANDWITHDRAWALOFCONSENT 29

XXX. 

### FINANCIALASSURANCE 

# . 30

### C~
CONSENT DECREE - 1 Date Printed: January 10, 1994Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E:

CONSENT

### DECREE

- 2 

### EXHIBITS Facility Diagram Cleanup Action Plan Scope ofWorkand Schedule Public Participation Plan Facility Description and Sample Data Submittal Requirements

Date Printed: January 10, 1994(4) (3) (2)

this Decree. Ananswer has notbeen filed, and there has notbeen a trial on 

# c

o

o I. INTRODUCTION In entering into this Consent Decree (Decree), the mutual 

### A.

D. Byentering into this Decree, the parties do not intend to C. In signing this Decree, [PLP] agrees to its entry and agrees to be [PLP] is to provide for remedial action at a facility

[Brief**desc~iption** ofmajor components ofwork to be performed.]

B. The Complaint in this action is being filed simultaneouslywith (1) [Implementation ofthe Ecology issued Cleanup Action Plan in

Ecologyhas determined that these actions are necessary to protect

to matters alleged in the complaint. The parties retain the right to seek the issues raisedby Ecology's complaint. In addition, the parties agree that

resolving these matters. interest and that entry ofthis Decree is the most appropriate means of

boundby its terms.
discharge non-settling parties from any liability they mayhave with respect settlement ofthese matters without litigation is reasonable and in the public public health and the environment.

any.issue offact or law in this case. However, the parties wish to resolve accordance with its terms and conditions.] This Decree requires the [PLP] to undertake the following remedial action(s): objective of the Washington State Department ofEcology (Ecology), and

where there has been a release or threatened release ofhazardous substances. ) 1 2 3 4 5 6
7 8 9 10 11 12 13 14 15 16 17 18
i 19
I
,

" 20 21 22 23 24 25 26 

### 27

CONSENT DECREE - 3 Date Printed: January 10, 1994'.

.

### -

t' ' .{;: ,.

: 

### under this Decree.

Decree. action nor an admission of any facts; provided
..however. that the [PLP] shall

f- .t :::,,: to;,
- 

### IT**~S** 

### HEREBY ORDERED. ADJUDGED, AND

/--. 

### f; II. JURISDICTION

....."

.**~~** 

### This Courthas jurisdiction over**tli~** 

### subjectmatter and over the .;.::....., ;;,':

D.',:. C

.. ·.: A •.' 

### E.':. This Decree shall not be construed.:as proofof liability or**~~~** .



### F '. The Court is 

### fully advised ofthe**~easons** 

### for entry ofthis

person if. after public notice andhearing.**Ec~logy** 

### finds the proposed**~<**;. 

### Ecologyhas given notice to**[PLP].~as** 

### set forth inRCW 1 '. 

### 70.l05D.D20(8), ofEcology's determination

### tha~"the [PLP] is a potentially

. s: 

### DECREED AS FOLLOWS: not challenge the jurisdiction of Ecology in**a~!** 

### proceeding to enforce this reimbursement, in

### ~hole or in part. from any liable persons for sums expended :"' .



### responsibility for any releases ofhazardous**s~bstances** 

### or cost for remedial :: 

### -.-

Decree. 'and good cause having been shown:

settlementwould lead to a more expeditious**cl~~nup** 

### ofhazardous substances. :

,**~.** 

### RCW 70.105D.040(4)(b) requires that such a**sett~ement** 

### be entered as a consent 

# : r decree issuedby a court ofcompetent

### jurisdic~ion. • '.c, 

### Ecologyhas determined that a

### relea~e or threatened release of "f

..' 

### hazardous substances has occurred at the

# facil~~ which is the subject ofthis parties**~ursuant** 

### to Chapter 70.l05D RCW. the**M~~l** 

### Toxics Control Act (MTCA).**l~,** 'if:. t'
.»**B.~** 

### Authority is conferredupon the**Wa~hington** 

### State Attorney General

### tby RCW 70.l05D.040(4)(a) to agree to a

### settlem{~t with any potentially liable

.. 

### liable**p~rson** 

### for the facility and that there**~as** 

### been a release or threatened 

## ,- t releasepfhazardous substances at the facilitY'; Decree. ,.:'. 

# e 1 2 

### 3 4 5 6 7 8 9 10 11 

### 12 13 

# e 14 15 16 17 18 19 20 21 22 23 24 25 26 

# _27

CONSENTDECREE

- 4 f.:. fe" 

### tPate Printed: January 10. 1994**.~;.:**1 2 E. The actions to be taken pursuant to this Decree are necessary to protect public health, welfare, and the environment. 

# o

3 

### F. [PLP] has agreed to undertake the actions specified in this Decree 4 and consents to the entry of this Decree under the MTCA. 5 6 7 8 III. PARTIES BOUND This Decree shall apply to andbe binding upon the signatories to,this Decree (parties), their successors and assigns. The undersigned 9 representative ofeach partyhereby certifies that he or she is fully 10 authorized to enter into this Decree and to execute and legallybind such 11 party to comply with the Decree. [PLP] agrees to undertake all actions 12 requiredby the terms and conditions ofthis Decree and not to contest s,Fate 13 jurisdictionregarding this Decree. Nochange in ownership or corporate,:

15 shall provide a copy ofthis Decree to all agents, contractors and 14 status shall alter the.responsibi1ity ofthe [PLP] under this Decree. [PLP] 

# o

16 subcontractors retained to performwork requiredby this Decree and shall 17 ensure that all workundertakenby such contractors and subcontractors will be 18 in compliance with this Decree. 19 20 IV. DEFINITIONS 21 Except as specifiedherein, all definitions inWAC 173-340-200 apply to 22 the terms in this Decree. 23 

### A. .Area ofConcern (AOC) means any area ofthe facility where a 24 release ofhazardous substances (including**da~gerous** waste and dangerous 25 constituents) has occurred, is occurring, is suspected to have occurred,. or 26 ·threatens to**occur~** 

# c

CONSENT DECREE

- 5 Date Printed: January

## Ht. 1994

# e 1 2 3 4 5- 6 7 8 9 10 11 12 13 

# e 14 15 16 17 18 19 20 21 22 23 24 25 26 

# e B.Cleanup Action Plan (CAP) means the document preparedby Ecology under VAC 173-340-360 which selects facility specific corrective measures and specifies cleanup standards, points ofcompliance and other requirements for the corrective measures. C. Cleanup Standards means the standards promulgatedunder RCV 70.105D.030(2)(d) and include (1) hazardous substance concentrations -(cleanup levels) that protecthuman health and the environment, (2) the location at the facility where those cleanup levels must be attained (points ofcompliance), J and (3) additional regulatory requirements that apply to a cleanup because of the type ofaction and/or the location of the facility. D. Consent Decree or Decree means this Decree executedpursuant to VAC 173-340-520. The term includes the text of this Decree, all Attachments to this Decree, and all Ecology-approved submittals requiredpursuant to this Decree. Decree Attachments and Ecology-approved submittals are incorporated into this Decree by this reference and are enforceable parts ofthis Decree as ., iffully set forth herein. E. Corrective Actionmeans any activities including investigations, studies, characterizations and corrective measures, including actions taken pursuant to Chapter 70.105D RCW and Chapter 173-340WAC, undertaken inwhole
or inpart to fulfill the requirements ofWAC 173-303-646. F. Corrective Measure means any measure or action to control, prevent, ormitigate releases and/or potential releases ofhazardous substances (including dangerous waste and dangerous constituents) reviewed and approvedby Ecology for the facility and set forth in a facility specific Cleanup Action Plan (CAP) prepared in compliance with the requirements of Chapter 173-340 WAC, includingWAC 173-340-360. Corrective measures may

CONSENT DECREE - 6 Date Printed: January 10, 19941 2 include interim actions as defined by Chapter 173·340 WAC. Interim actions will not necessarily be set forth in a facility

### 's~ecific CAP. "." 

# ';,0

3 G. Dangerous Constituent means any constituent identified inWAC 173- 4 303-9905 or 40 CFR Part 264 Appendix IX, any constituent which caused a waste 5 to be listed or designated as dangerous under the provisions ofChapter 173- 6 303 WAC, and any constituent defined as a hazardous substance at RCW 7 70.l05D.020(5). 8 H. Dangerous Waste means any solidwaste:designated inWAC 173·303- 'r 9 070 through 173-303-100 as dangerous or**extreme1y~hazardous** or mixedwaste. 10 Dangerous wastes are consideredhazardous substances under RCW 70.105D.020(5). 11 1. Dangerous Waste Constituentmeans any:constituent listed inWAC 12 13 14 15 173·303-9905 and any other constituent thathas**:c~used** a waste to be a dangerous waste under Chapter 173-303 WAC. Dangerous waste constituents are consideredhazardous substances under RCW 70.l05D.020(5).

"" " J. Dangerous Waste Management FacilitY>n>WKF") means the [name of 16 DWHF] DWMF and all property contiguous to this DWKF also controlledby [name 17 ofowner/operator]. 18 

### K. Facility means the [name] dangerous'waste management facility 19 (DWMF) controlledby [name ofowner/operator] located at [location], all 20 property contiguous to this facility also controlledby [name of

" :f. 21 " owner/operator], and all property, regardless of. c9ntrol, affected or 22 potentially affectedby releases ofhazardous**s~bstances,** including dangerous 23 wastes and dangerous constituents, at and from**t.h~se** areas. -.". 24 

### L. Feasibility Study (FS) means the investigation and evaluation of 25 potential corrective measures performed in**acco~~nce** with the Feasibility

, • 't 1" 26 Study (FS) requirements ofWAC 173-340-350**~nd** the RI/FS Scope ofWork

" 27 attached to [this Decree, or the previous Decree or Order] which includes the 

### '1\ »,
CONSENT DECREE

- 7 Date Printed: January 10, 19941 

# e 2 requirements for a RCRA Corrective Measures Study, and undertaken in whole or in part to fulfill the corrective action requirements ofWAC 173-303-646. 3 4 5 M,.



### N. Parties: Refers to the Washington State Department of Ecology and

Permit or Permitting Requirement unless otherwise specified,means 6 the requirements ofChapter 173-303 WAC for applying for, obtaining, 7 maintaining, modifying, and terminating dangerous waste management facility 8 permits. 9' O. RCRA Facility Assessment (RFA) means the [EPAor Ecology] 10 conducted investigation ofreleases andpotential release at the facility and 11 the information contained in the report entitled [name ofRFA Report and Date 12 here], ("RFAReport"). The RFAReport is incorporated into this Decree by 13

16 17 this reference as iffully set forth herein. P. Release means the definition ofrelease at RCW 70.l05D.020(10), which includes any intentional or unintentional spilling, leaking, pouring, emitting, emptying, discharging, injecting, pumping, escaping, leaching, dumping, or disposing ofhazardous substances including dangerous waste and 18 dangerous constituents into the environment. It also includes the abandonment 19 or discarding ofbarrels, containers, and other receptacles containing 20 hazardous substances including dangerous waste and dangerous constituents. 21 

### Q. Remedial Investigation (Rr) means a facility wide investigation 22 and characterizationperformed in accordance with the requirements ofChapter 23 173-340WAC and the RI/FS Scope ofWorkattached to [this Decree, or the 24 previous Decree or Order] which includes the requirements for a RCRA facility 25 investigation, undertaken inwhole or inpart to fulfill the corrective action 26 requirements ofWAC 173-303-646.

CONSENT DECREE

- 8 Date Printed: January 10, 1994
.1 2 R. Solid Waste Management Unit (S¥MU) means any discernible location at the dangerous waste management facility where solid wastes have been placed 

# c
3 at any time, irrespective ofwhether the locationwas intended for the 4 management of solid or dangerous waste. Such locations include any area at 5 the dangerous waste management facility at which solidwastes, including 6 spills, have been routinely and systematically released, and include regulated 7 units as defined by Chapter 173-303 WAC. 8 9 V. STATEMENT OFFACTS 10 Ecology makes the following finding offacts without any express or 11 implied admissions by [PLP} . 

### .12

13 14 

### 15 16 17 18 19 20 

### 21 22 23 [State all necessary facts inparagraphs below. These'facts shouldbe sufficient to show that there has been a release or threatened release ofa hazardous substance at a facility, which presents a threat to public health or the environment, thereby requiring remedial**~ction.** The facility should be clearly identified. The status ofthe [PLP} as an owner, operator, etc., shouldbe stated as well. Because this facility is ahazardous waste management facility, and the remedial action requiredby this Decree is "corrective action," it is important to describe the facility's hazardous waste management activities. The following types offactual information shouldbe included along with any other facts deemednecessary.] 

# o

24 

### A. [PLP} is andhas been the [owner} [operator} [owner and operator} 25 of the dangerous waste management facility since on or about [date}.
26 [Ifthe facility became regulatedbecause ofmore recent regulation changes 27 by EPA or in State Dangerous Waste Regulations, change·the date in the 28 following paragraph and explainwhen the facility became regulated as a 29 TSD ] 30 I!==================================!I 31 

### B. [PLP] [owned] [operated] [owned and operated] the dangerous waste 32 management facility as a dangerous waste management facility on or after 33 November 19, 1980, the date which subjects facilities to RCRA permitting 

# o

CONSENT DECREE - 9 Date Printed: January 10, 1994units here.] D. Pursuant to the [date] notification, [PLP] was issued

units here.] management activities. In the notification, [PLP] identified itselfas

__________by EPA [orEcology].

[If there is no Part Aapplication, then tell the story ofhow the facility became subject to RCRApermitting requirements, including corrective
. action. For example, ifthe facility became subject to corrective action through operation ofan illegal dangerous waste treatment unit, then chronicle the discovery ofthe unit, the proofit was used to treat dangerous waste, etc. 

### AnOrder canbe issuedunder Chapter 70.105 RCW which requires the facility to submit a PartAapplication to make the( facility clearly subject to permitting requirements, including corrective action.]
. [Ifother contributing parties (e.g., past owner/operators) exist and we have factual information regarding their contribution to conditions at the facility, we can list that informationhere, even if the other contributing parties are not named as parties to the**Decree~** This informationmay assist the [PLP] in obtaining contribution from such other parties.
C. On. [date], [PLP] notified Ecology [or EPA] of its**dang~rous** waste 

### ,

E. On [date], [PLP] submitted to Ecology [or EPA] Part Aof the RCRA permit application. In the PartAApplication, [PLP] identified itselfas identificationnumber

managing the.following dangerous wastes at the [name of the dangerous waste managing the following dangerous wastes at the [name ofdangerous waste management facility]: [Fill in the wastes, the capacity, and the management requirements, including interim status requirements pursuant to Section 3005**manage~ent** facility]. [Fill in the wastes, the capacity, and the management ofRCRA and implementing regulations thereunder, and including authorized state regulations promulgated in Chapter 173-303 WAC. 

# e 1 2 3
4 5 6 7 8 9 10 11 12 13 14 15 

# e16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 _3

CONSENT DECREE - 10 Date Printed: January**~O,** 19941 2 3 4 5 6 7 (If the facility is no longer operating under interim status because it clean closed regulated units or because interim status was terminated pursuant to loss of interim status (LOIS) provisions, the facility is still potentially subject to corrective action. Include the story of the facility's interim status history here if they are no longer operating under interim status.] 

# o

8 [If the facility revised or updated its Part A, include.Information on the 9 revisions and updates here. If the facility has undergone many Part A 10 revisions/updates, you maywant to write**some~hing** like, "Thefacility 11 owner/operatorhas amendedPartAofthe dangerous wastepermit application 

### 12 _<

__ times, andgenerally describe the changes. Currently, thefacility 13 manages (fill in current capacity, wastes, and managementunit) under 14 Interim status."] 15 16 

### F. On [date], EPA [or Ecology]**perfo~ed** a RCRA FacilityAssessment 17 (RFA) at the dangerous waste management facility. The purpose ofanRFA is to 18 identify those areas at the dangerous waste management facility where releases 19 of'hazardous substances, as defLned in Section IV ofthis Decree, mayhave occurred ormaybe**occurri~g.** 20 

### 21 G. Pursuant to the RFAReport and other information, Ecologyhas 

# o

22 identified the following SolidWaste ManagementUnits (SWMUs) andAreas of 23 Concern (AOC) at the dangerous waste management facility: [list SWMUs and

## Aoe 24 here] 25
26 '[ImportantI Ifyouuse other information, such as inspection reports, 27 letters, etc., to document SWMUs orAOC not listed in the RFA report, you 28 must have that information in the administrative record. You mayalso want 29 to summarize that informationhere in the findings offact.] 30 31 [In the following paragraphs summarize information on releases or potential 32 releases from the SWMUs andAOC identified inparagraph G; this should 33 include a summary of information (ifthere is any) on pertinent facility34 conducted and/or agency-conducted investigatory work.] 35 36 

# o

CONSENT DECREE - 11 Date Printed: January 10, 1994

# e 1 2 3 4 5 6 7 8 

### 9 10 11 

### 12 13 

### 14 15 16 

# e17 18 19 20
21 22 23 24 25 26 27 28 29 30 _31 [To the extent that releases or potential releases ofcertain constituents have been identified, it's helpful to include some information on the mobility and toxicity of the constituents and possible or documented routes ofexposure (e.g., nearby, downgradient, drinking water wells).] [If the facility owner/operatorhas completed any previous cleanup or interimmeasures, include descriptions of such work and its effectiveness (ifknown) here.]
.
H. Releases and/or potential releases ofhazardous substances including, but not limited to [list DW and dangerous constituents] from SWMUs andAOC at the dangerous waste management facility are documented in the RFA Report andby**[summariz~** other documentationhere, e.g., "andby sampling conductedby the Department ofEcology on Hay 15, 1990 and August 14, 1990"]. I. Hazardous substances mayhave been andmaycontinue to be released from the dangerous wastemanagement facility into the environment including surface water drainage areas; groundwaterbeneath andbeyond the dangerous waste management facility; air; human work areas; and floral and faunal habitats.

[Ifreleases are known, use appropriate language, e.g., "Hazardous substances have been and continue to be released at and from the facility into surface drainage areas, human work areas, and floral and faunal
. habitats."]

VI . WORKTO BE PERFORMED This Decree contains a program designed to protectpublic health, welfare and the environment from the known release, or threatened release, of hazardous substances at, on, or from the facility.

CONSENT DECREE 12 Date Printed: January 10, 19941 2 3 4 5 6 7 8 9 10 11 [Describe work/investigation/remedial action to be performed. Be as specific as possible to clarify the requirements. This will make it easier to demonstrate noncompliance if the requirements are not fulfilled. You may incorporate exhibits here, e.g., scope ofwork, schedule, etc. Aclear schedule for the work to be performedmust be included. Ifthis Decree is requiring action to implement a Cleanup Action Plan, the exhibits should include the Cleanup Action Plan and any other document which sets forth the work to be conducted to accompLish the required remedial action at the Site during the duration of the Decree
.

## .l A. 

# c

12 B. [PLP] agrees not to perform any remedial actions outside the scope 13 of this decree unless the parties agree to, and amend the scope ofwork to 14 cover these actions. All work conductedunder this decree shall be done in 15 accordance with Chapter 173-340WAC andWAC 173-303-646 unless otherwise 16 providedherein. 17 C. Once approved, or modified and approvedby Ecology, submittals are 18 incorporatedby reference and enforceable parts of this Decree as iffully set 19 forth herein. 

# o D. [PLP] shallnotify Ecology's project coordinator inwriting of any 21 newly-identified SWMU(s), newly-discovered releases from known SWMU(s), and· 20

22 newly-discovered areas ofconcern at the dangerous waste management facility 23 no later than



## ----- days
24 [Writer should fill in number ofdays, e.g., fifteen (15), but not longer 25 than ninety (90) days as provided inWAC 173-340-300(2).] 26 27 after discovery, and shall investigate and report on these areas as directed 28 by Ecology's project coordinator. Ifrequired, the investigation (assessment) 29 and reporting shall be done in accordance with the attachedRI/FS Scope of 30 Work. 31 

# o

CONSENT DECREE

- 13 Date Printed: January 10, 1994

# e 1 2 3 4 5 6 7 8 9 10 11 12 13 

# e14 15 16 17 18 19 20 21 22 23 24 25 26

# ~7 VII. pESIGNATED PROJECT COORPINATORS The project coordinator for Ecology is: Name: Address: Telephone: 

### FAX.: The project coordinator for [PLP] is: Name: Address: Telephone: 

### FAX: Each project coordinator shall be responsible for overseeing the implementation of this Decree. The Ecologyproject coordinatorwill be Ecology's designated representative for the facility. To the maximum extent possible, communications between Ecology and the [PLP] and all documents, including reports, approvals, and other correspondence concerning the activities performedpursuant to the terms and conditions ofthis Decree, shall be directed through the project coordinators. The project coordinators maydesignate, inwriting, working level staffcontacts for all or portions of the implementation ofthe remedial work requiredby this Decree. The project coordinators mayagree to minormodifications to the work to be performed without formal amendments to this Decree. Minormodifications will be

.documented inwritingby Ecology. Anyparty maychange its respective project coordinator. Written notification shall be given to the otherparties at least ten (10) days prior to the change ifpossible.



### ;CONSENTDECREE

- 14 Date Printed:**J~nuary** 10, 1994All work performedbY'the [name of owner/operator] pursuant to, this 1 2 

### . " 

# . " VIII. PERFORMANCE 

# o

3 4 " Decree shall be under the**d~rection** and supervision, as necessary, ofa professional engineer orhyprogeologist, or equivalent, with experience and 5 expertise in hazardous waste facility investigation and cleanup. All 6 't**'~** constructionwork shall be under the supervision of a professional engineer. 7 [PLP] shall notify EcologyIn writing as to the identity of such engineer(s) 8 or hydrogeologist(s), or others and ofany contractors and subcontractors to 9 be used in carrying out**the'~terms** ofthis Decree, in advance oftheir**.~~** 10 involvement at the**facility,~**

" 11 

### 12 13 \ 14 15 IX. ACCESS Ecology or any**Ecolo~** authorized representatives shall have the .!) authority to enter and**free~y** move about all property at the facility at all

.. "**"~'t** . reasonable times for the**p~tposes** of, among other things: inspecting records, r-. 

# o

16 operation logs,and

### contrac~s related to the workbeingperformedpursuant to 17 this Decree; reviewing [PUJ's progress in carrying out the terms ofthis 18 Decree; conducting such**te~ts** or collecting such samples as Ecologymay deem

-, 19 necessary; using a camera,**~ound** recording, or other documentary type .;9. 20 equipment to recordwork

## do~e pursuant to this Decree; andverifying the data ;-;..

" 21 submitted to Ecology by thet(PLP]. All parties with access to the facility 22 pursuant to this paragraph

### ~hall comply with an approvedhealth and safety

.**.~** 

### 23
24 25 26 27 plan.

,'} [If access to other**owners~** properties is required to carry out the f," requirements ofthis Decree, include a requirement that the owner/operator must attempt to obtain**su~.~** access in a timely fashion.]
1," -I' -: ..... 

# o

CONSENT DECREE - 15 Date Printed: January 10, 1994

# e 1 2 3 

### 4 5 6 7 8 9 10 11 

### 12 13 

# e14 15 16 17 18 19 20 21


### 22 23 24 25 26 

# e27 

### X. SAMPLING, DATA REPORTING, 'AND AVAILABILITY With respect to the implementation ofthis Decree, [PLP] shall make the results of-all sampling, laboratory reports, and/or test results generatedby it, or on its behalfavailable to Ecology and**~hall** 

### submit these results in accordance with SectionXI of this Decree. In:accordance with WAC 173-340-840(5), environmental sampling data shall be submitted according to Exhibit E: SITEDESCRIPTIONAND SAMPLE DATA SUBMITTALREQUIREMENTS. These submittals shall be provided to Ecology in accordance with SectionXI ofthis Decree. If!equestedby Ecology, [PLP] shall aliow split or duplicate samples to be taken**~y** 

### Ecology and/or its authorized representatives ofany samples**collected~by** 

### [PLP] pursuant to the implementation ofthis Decree. [PLP] shall notify**E~ology** 

### seven (7) days in advance,of**a~y** 

### sample collection orwork ,". 

### activity**~t** 

### the facility. ,Ecology shall, uporirequest, allow split or .,-**duplicate::~samples** 

### to be takenby [PLP] or its-,authorized representatives of any samples collectedby Ecology pursuant to the implementation ofthis Decree

" 

### provided'it does not interfere with the Departmerit's sampling. Without**limitatio~** 

### on Ecology's rights under Section IX, Ecology shall endeavor to notify**[~LP]** 

### prior to any sample collection activity,

XI. PROGRESS REPORTS [NOTE:**~The** 

### writer maychoose to change theJrequency ofprogress reports depending on site specific conditions,**coop~iation** 

### of-[PLP] , etc.]


### ,.
".**[P~]** 

### shall submit to Ecologywritten**m~nthly** 

### progress reports which describe**:~he** 

### actions taken during the previous-month to implement the**requirem~nts** 

### ofthis Decree. The progress report shall include the following:

CONSENT DECREE - 16 :;',Date Printed: January 10, 19941 2 month;A. Alist of on-site activities that have taken place during the 

# o

3 

### B. Detailed description of any deviations from required tasks not 4 otherwise documented in project plans or amendment requests; 5 C. Description of all deviations from the schedule (Exhibit []) 6 during the current month and any planned deviations in the upcoming month; 7 

### D. For any deviations in schedule, a plan for recovering lost time 8 and maintaining compliance with the schedule; 9 

### E. All raw data (including laboratory analysis) receivedby the [PLP] 10 during the past month and an identification of the-source of the sample; and 11 

### F. Alist ofdeliverables for the upcoming month ifdifferent from 12 -the schedule. 13 All progress reports shall be submittedby the tenth day of the month, in 14 which they are due after the effective date of this Decree. Unless otherwise 

# o 15 specified, progress reports and any other documents submittedpursuant to this 16 Decree shall be sentby certifiedmail, return receipt requested, to Ecology's 17 project coordinator. 18
19 [The following optional sectionprovides for stipulated penalties.] 20 21 XII. STIPULATED PENALTIES 22 

### A. For each day [PLP] fails to comply with any time schedules 23 containedwithin SectionVI of this Consent Decree or any other time schedules 24 approved or modified inwritingby Ecology, [PLP] stipulates and agrees that 25 Ecology may, at its discretion, assess a civil penalty under RGW 70.105.080. 26 The penalties to be assessed are [negotiable up to $1,000 maximum] for the 27 first day and [negotiable up to**$~O,OOO** maximum] for each additional day of 

# o

CONSENT DECREE - 17 Date Printed: January 10, 1994

# e 1 2 3 4 5 6 7 8 9 10 11 12 13 _14 15 16 17 18 19 20 21 22 23 24 25 26 e27 noncompliance. Should a penalty be assessed under this Part, the penalty shall accrue from the date on which the workwas to have been performed, or the submittal was to have been made, and shall cease to accrue on the date when [PLP] performs the required work or**deliv~rs** the required submittal to Ecology. If imposed, all penalties will be payable within thirty (3)) days of assessment to the Department ofEcology, Cashiering Section, PO Box47600, Olympia, WA 98504-7600.

.B. [PLP] shall not be liable for payment under this Part if [PLP] has submitted to Ecology a timely request for an extension ofschedule under SectionXVII of this Consent Decree, and ifEcologyhas not denied the request.

XIII. RETENTION OF RECORDS [PLP] shall preserve, during the pendency of this Decree and for ten (10) years from the date of issuance by Ecology ofwrittennotification that all requirements ofthe Decreehave been satisfactorily completed, as provided. in'SectionXXVI, all records, reports, documents, andunderlying data in its possession relevant to the implementation ofthis Decree and shall insert in contracts with project contractors and subcontractors a similar record retention requirement. Uponrequest ofEcology, [PLP] shall make all nonarchived records available to Ecology and allow access for review. All archivedrecords shall be made available to Ecology within a reasonable period oftime.

XIV. TRANSFEROF INTEREST IN PROPERTY Prior to any voluntary or involuntary conveyance or relinquishment of title, easement, leasehold, or other interest in any portion ofthe facility,

CONSENT DECREE - 18 Date Printed: January 10, 19941 

### 2 3 4 5 6 7 8 9 10 11 

### 12 

### 13 14 15 

### 16 17 18 19 

### 20 21 22 23 24 

### 25 26 

### 27 [PLP] shall prpvide for continued operation and maintenance ofany containment system, treatment system, arid monitoring system installed or implemented pursuant to this Decree. Prior to transfer ofany legal or equitable interest in all or any portion of the property, and during the effective period of this Decree, [PLP] shall serve a copy of this Decree upon any prospective purchaser, lessee, transferee, assignee, or other successor in interest ofthe property; and, at least thirty (30) days prior to any transfer, [PLP] shall notify Ecology of said contemplated transfer.

XV. RESOLUTION OF DISPUTES A. In the event a dispute arises as to an approval, disapproval, proposed modification or other decision or actionby Ecology's project coordinator, the parties shall utilize the dispute resolution procedure set forth below. (1) Upon receipt of the Ecology project coordinator's decision, the [PLP] has fourteen (14) days withinwhich to notify Ecology's project coordinator ofits objection to the decision. (2) The parties' project coordinators shall then confer in an effort to resolve the dispute. If the project coordinators cannot resolve the dispute within-fourteen (14) days ofEcology's receipt of the written objection, Ecology's project coordinator shall issue a written decision. -(3) [PLP] maythen request Ecology management review ofthe decision. This request shall be submitted inwriting to the ProgramManagerwithin seven (7) days ofreceipt ofEcology's project coordinator's decision. (4) Ecology's ProgramManager shall conduct a review ofthe dispute and shall issue a written decision regarding the dispute within thirty (30) 

# G



# o



# o

CONSENT DECREE - 19 Date Printed: January 10, 1994-;,'

standard ofreview. [PLP] has the right to submit the pispute to the Court for resolution. The

resolution process whenever it isused. Where either party utilizes the inbad£aith or for purposes ofdelay, the other o.f 

### "**'~:t:** . --;'t:**;.~.:** XVI. AMENDMENT OFCQNSENTDECREE

[PLP] shall submit any request for an amendment to Ecology for approval. Implementation ofthese dispute resolutionprocedures shall not provide B. If Ecology's final wriJ:ten decision is unacceptable to CPU] I

the request for amendment is received. Ifthe amendment to the Decree is ..... ,-VI This Decree maybe amended**6~ly** by a written stipulation among the

" parties to this Decree that is encezedby the Court orby order ofthe Court. abasis for delay ofany**activitie~s** required in this Decree, unless Ecology**~.** party mayseek sanctions.

Ecology shall indicate its**approva~** or disapproval in a timely manner after amend shall not be unreasonablyw{thheldby any party to the Decree. agrees inwriting to a schedule extension or the Court so orders. C. The parties agree to utilize the dispute resolutionprocess only ;' j "- in good faith and agree to**expedit~,** to the extent possible, the dispute 4,' the action or decision ofEcologypn the basis ofwhether such action or decisionwas arbitrary and capriciOus and render a decisionbased on such event [PLP] presents an issue to the Court for review, the Court shall review

dispute resolutionprocess parties agree that one judge**shoul~** retainjurisdiction over this case and

Such amendment shall become**effec~lve** upon entryby the Court. Agreement to '. ' days of the [PU]'s request for reyiew. The Program Manager's decis'ion shall

,'"

shall, as necessary, resolve any**d~spute** arising under this Decree. In the be Ecology's final decision on**the~:disputed** matter. !" 1 

# e 2 3 4 5 6 7 8 9 10 11 12 13 

# e 14 15 16 17 18 19 20 21 22 23 24 25 26 

# e27

::, .:'. CONSENT DECREE - 20 

### '. < Date Printed: January 10, 19942 Reasons for the disapproval shall be stated in writing. If**E~ology** does not 1**~.** substantial, Ecology will provide public notice and opportun\ty for comment. 

# c

3 agree to any proposed amendment, the disagreement may be**addi~ssed** 

### 4 through the dispute resolution procedures described in

### Secti~~ XV of this 5 Decree.**~"** 6 " 

### f

...· 7 8 9 XVII. EXTENSION OFSCHEDULE A. An extension of schedule shall be**grante~** only
an extension is submitted in a timely fashion, at least 30

## ~i when ":1

# da~k a request for prior to 

### :i;' 10 expiration ofthe deadline for which the extension is

### reques~~d, unless 11 otherwise approvedby Ecology, and good cause exists for**gra~Fing** the 

# o shall to',.

### rh~; request 

### :l:J**~'** All extensions shall be requested inwriting.

"
".. ':". An extension shall be granted only for suchperiod of

### ~~me as Ecology

### ~' 4ft A**requeste:~extension** shall determines is reasonable under the circumstances. extension. specify the reason(s) the extension is needed. 13 14 

### 12

15 16 not be effective until approvedby Ecology or the Court.**Eco~ogy** shall act**.~~** . 

### 17 18 19 upon any written request for extension in a timely fashion. necessary to formally amend this Decree pursuant to Section schedule extension is granted. shall notbe when a



### B.

(1)

approving, ormodifying documents submittedby [PLP); or Good cause includes, but is not limitedto, the following.


# o The burden shall be on the [PLP) to demonstrate

### t~ the**~.'** t,' satisfaction ofEcology that the request for such extension

### ~is been submitted ;t, ir· in a timely fashion and that good cause exists for granting the extension. 

# i:

<,j' r[, Circumstances beyond the reasonable control and

### d~spite the due**,~,** j!;/ diligence of [PLP) including delays causedby unrelated**thir~parties** or Ecology, such as (but not limited to)**de~ays** by Ecology in**re:~iewing,** ,t:' 

## It**~:'** '':'}. 21 20

24

27 

### 23



### 26 25 22

CONSENT DECREE - 21**~~""** Date Printed: t'January' 10, 1994 ') ">::.

# e 1 I I 2· 3 4 5 6 7 8 9 10 11 12 13 

# e14 15 16 17 18 19 20 21 22 23 24 25 26 

# _27 (2) Acts ofGod, including fire, flood, blizzard, extreme temperatures, storm, or other unavoidable casualty; or (3) Endangerment as described in SectionXVIII. However, neither increased costs ofperformance of the terms ofthe Decree nor changed economic circumstances. shall be considered'circumstances beyond the reasonable control of [PLP]. C. Ecology mayextend the schedule for a periodnot to exceedninety (90) days, except where an extension is needed as a result of: (1) Delays in the issuance ofa necessary permit whichwas applied for in a timely manner; or (2) Other circumstances deemed exceptional or extraordinaryby Ecology; or (3) Endangerment as described in SectionXVIII. In any of the three sLruatLons described above, Ecologymayextend the schedule for a period Ecology determines is reasonable under the circumstances. Extensions ofmore than

## 90 days maynot be grantedunless the public is given an opportunity to comment on the proposed extension. Ecology shall give [PLP] writtennotification in a timely fashion of any extensions grantedpursuant to this Decree.

XVIII. ENDANGERMENT In the event Ecology determines that activities implementing or in compliance with this Decree, or any other circumstances or activities, are creating orhave the potential to create a threat to the health orwelfare of the people on the facility or in the surrounding area or to the environment, Ecologymayorder (PLP] to stop further implementation ofthis Decree for such period oftime as needed to abate the threat ormaypetition the Court for an

CONSENT DECREE - 22 Date Printed: January**~O,** 19941 2 3 4 order as appropriate. During any stoppage ofworkunder this section, the obligations of [PLPJ with respect to the work under this Decree which is '.'. ;. ordered to be stopped shall be**suspend~d** and the time periods for performance

" of that work, as well as the time pe r Lod for any other work dependent upon the 

# ·0

5 work which is stopped, shall be extended, pursuant to SectionXVII of this 6 Decree, for such period of time as**Ec~logy** determines is reasonable under the 7 circumstances. 8 In'the event [PLPJ determines**th~t** activities undertaken in furtherance :<: 9 ofthis Decree or any other circumstaqces or activities are creating a threat 10 to the people on the facility or in**th~** surrounding area or to the 11 environment, [PLP] may stop implementation of this Decree for suchperiod of 

### r. 12 time necessary for Ecology to**evaluat~** the situation and determine whether ,:'(. 13 [PLP] shouldproceedwith

### implementat~on of the Decree orwhether the work**~;.** 14 15 stoppage shouldbe continueduntil the:threat is abated. [PLP] shall notify :.t Ecology's project coordinator as

### soon.~s possible, but no later than twenty

# o

.v 16 four (24) hours after such stoppage o(work, and thereafter provide Ecology 17 with documentation ofthe basis for the work stoppage. IfEcology disagrees ;';' 18 with the [PLP]'s determination, it**may~** order [PLP] to resume implementation of 19 this Decree. IfEcology concurs**with~the** work stoppage, the [PLP]'s 20 obligations shall be suspended and**th~:time** period for performance ofthat 1:" 21 work, as well as the time period for any otherwork dependent upon the work 1 22 whichwas stopped,· shall be extended,**~pursuant** to SectionXVII ofthis Decree, 23 for such periodoftime as Ecology**de~ermines** is reasonable under the 24 circumstances. Any disagreements pursuant to the clause shall be resolved :i': 25 through the dispute resolution proceduFes in SectionXV. 

### 26 

# o

CONSENT DECREE - 23 Date Printed: January 10, 1994including a cost recovery action, against potentially liable persons not party pursuarit to available statutory authority under the following circumstances: ) (1) Where [PLP] fails, after notice, to comply with any requirement of 

# Ie 1 2 3 

### 4 5 6 

### 7 8 9 10 11 

### 12 13



### e 14 15 16 17 18 19 20 21
22 23 24 25 26 e27 XIX. OTHERACTIONS Ecology reserves its rights to institute remedial action(s) at the facility and subsequently pursue cost recovery, and Ecology reserves its rights to issue orders and/or penalties or take any other enforcement action

this Decree; (2) In the event or upon the discovery of a release or threatened release not addressedby this Decree; (3) UponEcology's determination that actionbeyond the terms ofthis Decree is necessary to abate an emergency situationwhich threatens public health orwelfare or the environment; or (4) Upon the occurrence or discovery ofa situationbeyond the scope of this Decree for which Ecology has authority to perform any remedial action
or to issue an.order and/or penalty, or to take any other enforcement action to address the situation. This Decree is limited in scope to the geographic facility described in ExhibitAand to those contaminants which Ecology knows to be at the facility when this Decree is entered. Ecology reserves all rights regarding the injury to, destruction of, or loss ofnatural resources resulting from the release or threatened release of hazardous substances from 

## II [Type in Site Name here.] Ecology reserves the right to take any enforcement actionwhatsoever,

to this Decree. 

# II

CONSENT DECREE - 24 Date Printed: January 10, 

### 19942 [PLP] agrees to indemnify and save and hold the State ofWashington, its 1 XX. INDEMNIFICATION 

# o
3 employees, and agents harmless from any and all claims or causes ofaction for 4 death or injuries to persons or for loss or damage to property arising from or 5 on account of acts or omissions of [PLP] , its officers, employees, agents, or 6 contractors in entering into and implementing this Decree. However, the [PLP] 7 shall not indemnify the State ofWashington nor save norhold its employees 8 and agents harmless from any claims or causes ofaction arising out ofthe 9 negligent acts or omissions ofthe State ofWashington, or the employees or 10 agents ofthe State, in implementing the activities pursuant to this Decree. 11

15 including requirements to obtainnecessary permits. done in accordance with all applicable federal, state, and local requirements, 12 13 14



### 16 A. XXI. COMPLIANCEWITH APPLICABLE LAWS All actions carried out by [PLP] pursuant to this Decree shall be

Because the facility which is the subject ofthis Consent Decree 

# o

17 is a hazardous waste treatment, storage, or disposal facility, manyofthe 18 requirements ofChapter 70.105 RCY and Chapter 173-303 WAC are legally 19 applicable to the facility. The remedial action required under this Consent 20 Decree must comply with these requirements as the remedial action is also 21 considered corrective actionunder RCRA. The Departmentmaydetermine that 22 other provisions ofChapter 70.105 RCY and Chapter 173-303 constitute 23 applicable requirements at the facility in the future. 24 25 

### 26 27 XXII. REMEDIALAND INVESTIGATIVE COSTS The [PLP] agrees to pay costs**incur~ed** by Ecology pursuant to this Decree. These costs shall include workperformedby Ecology or Ecology's 

# o

CONSENT DECREE - 25 Date Printed: January 10, 1994

# _ 1 2 1 4 5 6 7 8 9 10 11 12 13 

# _14

15 16 17 18 19 20 21 22 23 24 25 26 

# e contractors for or on the facility under Chapter 70.1050 RCW both prior to and subsequent to the issuance of this Decree for investigations, remedial actions, and Decree preparation, negotiations, oversight and administration. Ecology costs shall include costs ofdirect activities and support costs of direct.activities as defined inWAC 173-340-550(2). The [PLP) agrees to pay the required amount within thirty (30) days ofreceiving from Ecology an itemized statement ofcosts that includes a summary ofcosts incurred, an identification of involved staff, and the amount of time spentby involved staffmembers on the project. Ageneral statement ofworkperformedwill be providedupon request. Itemized statements will be prepared quarterly. Failure to pay Ecology's costs within thirty (30) days ofreceipt ofthe itemized statement will result in interest charges at the rate of twelve (12) percent per annum.

XXIII. IMPLEMENTATION OFREMEDIALACTION IfEcology determines that [PLP) has failed without good cause to implement the remedial action, Ecologymay, after notice to [PLP) , perform any
or all portions ofthe remedial action that remain incomplete. IfEcology performs all orportions ofthe remedial actionbecause ofthe [PLP)'s failure to complywith its obligations under this Decree, [PLP) shall reimburse Ecology for the costs ofdoing suchwork in accordance with SectionXXII, provided that [PLP) is not obligatedunder this section to reimburse Ecology for costs incurred for work inconsistentwith orbeyond the scope ofthis Decree.

CONSENT DECREE - 26 Date Printed: January 10, 19941 2 3 4 5 6 THE FOLLOVING SECTIONMAY NOT BE APPLICABLE AT SOME SITES. 'It is applicable at sites with continuing remedial action, or where conditional cleanup levels or a conditional point of compliance is selected as provided in VAC 173-340-420.
XXIV. FIVE YEAR REVIEW 

# o

7 As remedial action, including groundwater monitoring, continues at the 8 facility, the parties agree to review the progress of remediaf action at the 9 facility, and to review the data accumulated as a result of**f~ci1ity** 10 monitoring as often as is necessary and appropriate under the:circumstances. 11 At least every five years, the parties shall meet to discuss the status of the 12 ,facility and the need, ifany, of further remedial action at the facility. 13 Ecology reserves the right to require further remedial**action~~t** the facility 14 15 

### 16 17 

### 18

" 19 the facility. However, [PLP] shall cooperate with Ecology and, ifagreed to 20 by Ecology, shall: 21 

### A. Prepare drafts ofpublic notices and fact sheets**~t** important 22 stages ofthe remedial action, such as the submission of**wor~p1ans,** Remedial 23 Investigation/Feasibility Study reports and engineering design reports. 24 Ecology will finalize (including editing ifnecessary) and**d~stribute** such**~i** • 25 fact sheets andprepare and distribute public notices ofEco1o'gy's 26 presentations andmeetings; 

# o

CONSENT DECREE - 27 Date Printed: ::.January 10, 1994

# _ 1 2 3 4 5 6 7 8 9 10
11 12 13 14 15 _16 17 18 19 20 21
22 23 24 25 26 B. Notify Ecology's project coordinator prior to the preparation of all press releases and fact sheets, andbefore major meetings with the interested public and local governments. Likewise, Ecology shall notify [PLP] prior to the issuance ofall press releases and fact sheets, andbefore major meetings with the interested public and local governments; C. Participate in public presentations on the progress of the remedial action at the facility. Participationmaybe through attendance at public meetings to assist in answering questions, or as a presenter; and D. In cooperationwith Ecology, arrange and/or continue information repositories to be located at: 1. Type inname and address ofa location accessible to the public near the site, such as a library, **and** 2. Type inname and address ofappropriate EcologyRegional Office. At a minimum, copies ofall public notices, fact sheets, andpress releases; all quality assured groundwater, surface water, soil sediment, and air monitoring data; remedial actions plans, supplemental remedial planning documents, and all other similar documents relating to performance ofthe remedial action requiredby this Decree shall be promptly placed in these repositories. [Ifyou wish to have one or more additional copies submitted to the site ) coordinator ofany documents for,working files, AAG review, etc., specify those here.]



### CONSENTDECREE - 28 'Date Printed: January 10, 19941 2 3 

### 4 5 6 7 8 9 10 11 12 13 

### 14 15 16 17 

### 18 19 20 

### 21 22 23 24 25 

### 26 XXVI. DURATION OF DECREE This Decree shall remain in effect and the remedial program described in the Decree shall be maintained and continueduntil the [PLP] has received written notification from Ecology that the requirements of this Decree have been satisfactorily completed._

XXVII. CLAIMS AGAINST THE STATE [PLP] hereby agrees that it will not seek to recover any costs incurred in implementing the remedial action requiredby this Decree from the State of Washington or any of its agencies; and further, that the [PLP] will make no claim against the State Toxics Control Account or any Local Toxics Control Account for any costs incurred in implementing this Decree. Except as provided above, however, [PLP] expressly reserves its right to seek to recover any costs incurred in implementing this Decree from any otherpotentially liable person.

XXVIII. EFFECTIVE DATE This Decree is effective upon the date it is enteredby the Court.

XXIX. PUBLIC NOTICE ANDWITHDRAWALOF CONSENT This Decree has been the subject of**publ~c** notice and comment under RCY 70.l05D.040(4)(a). As a result of this process, Ecologyhas found that this Decree will lead to a more expeditious cleanup ofhazardous substances at the facility. Ifthe-Court withholds orwithdraws its consent to this Decree, it shall be null and void at the option of any party and the accompanying Complaint 

# o

o

o

CONSENT DECREE

- 29 Date Printed: January 10, 1994

# e 1 2 3 4 5 6 7 8 9 10 11 12 13

### ~14 "15 16 17 18 19 20 21 22 23 24 shall be dismissed without costs and without prejudice. In such an event, no party shall be boundby the requirements of this Decree.

XXX. FINANCIALASSURANCE [PLP] shall establish and maintain financial assurance through the establishment and funding ofa trust fund or by a financial test in the amount necessary to implement the Cleanup Action Plan (CAP) as provided inWAC 173- 340-440(6). [PLP] shall provide Ecology's Project Coordinator documentation ofthis financial assurance within sixty (60) days ofEcology's issuance of the" final CAP. [PLP] shall adjust the financial assurance coverage for changes in cost estimates and/or for inflationwithin thirty (30) days after "each anniversary of the date the preceding costs were first prepared and shall provide Ecology's project coordinator documentation ofthe updated financial
assurance. [PLP] shall notify Ecology's Project Coordinatorby certifiedmail of the commencement ofa voluntary or involuntarybankruptcy proceeding under Title II, United States Code, naming the [PLP] within ten (10) days after commencement ofthe proceeding. In the event ofbankruptcy of the trustee, or
a suspension or revocation ofthe authority ofthe trustee institution to act
as a trustee, the [PLP] must establish financial assurance (trust fund) with another authorized trustee institutionwithin sixty (60) days after such an event.

CONSENT DECREE

- 30 Date Printed: January 10, 1994Date
day of ---.,.


# o o

[PLP]

County Superior Court 199 Attorney for

__**~~~** __ 

### [ 1 Date Assistant Attorney General

JUDGE

,.< DATED this



### --- Date For [PLP] THOMAS EATON Date ProgramManager Hazardous Waste and Toxics Reduction Program 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 

### 17 18 19 20 21 22 23 24 25 26 27 28

",..

,"j

# o



# _. CONSENT DECREE ;.\31 ! Date Printed: January 10,. 1994



# -

### ENFORCEMENT ORDER MODEL
This model was created using several WordPerfect 5.1 features: CommentBoxes, Automated Generation ofTable ofContents, Footer Code containing automatic date ofprint, and Line Numbering. 1. Comment Boxes are used to give the reader assistance and/or options on the screen as they work through the document but they do not print and do not appear in View (Shift F7-6). Ifyour comment boxes are not appearing to you, you need to change your Setup (Shift-Fl), 2, 6, 2. Make sure your comments display is set to Yes. 2. The abbreviation [PLP] is used throughout the document to represent where to put the name of the owner/operator. To search for each occurrence of [PLP] , press F2-Search. Type PLP (without brackets) and press F2 again. Replace the [PLP] with the name of the owner/operator. Press F2 twice to find the next occurrence. 3. Other options are also contained inbrackets []. To search for each occurrence ofbracketed text, press F2-Search. Type [ and press F2 again. Replace the bracketed text with the appropriate information. Press F2 twice to find the next occurrence ofbracketed text. 4. After editing document, the page numbering for the Table ofContents can automaticallybe createdby following these instructions: 1. Press [Alt-F5] 2. Choose 6-Generate 3. Choose 5-Generate Tables, Indexes, Cross References
... 4. Press Yfor Yes. Table ofContents Page Numbering is automatically generated. 5. Once document is complete, you maychoose to delete the comment boxes. Commentsboxes canbe searched for and deletedby using the Replace feature ofWordPerfect. Press Alt-F2. At the w/Confirm? prompt, you can choose Yes ifyou want WordPerfect to stop at each comment box before deleting it or choose No ifyou want them all deletedwithout stopping. At the Srch: prompt, press Ctrl-F5, 1. This will place the [Comment] code at the search string. Press F2. At the Replace with: prompt, simply press F2 again; in essence, you are replacing Comment boxes with "nothing," a technique also known as search and destroy. Please contact Sue Smith (Text Processing Center) at 407-6591 ifyouhave any questions regarding the WordPerfect techniques used for this model.EO-0/0/93 

### STATE OFWASHINGTON DEPARTMENT OF ECOLOGY 

# c In the Matter ofRemedial Actionby:

[Address] ) ) ) ) ) ) 

### ENFORCEMENT ORDER No. DE

_
Replace [PLP(s)] with name(s) ofowner/operator; Orders will be jointly issued to both parties ifowner and operator ofRCRA facility are different. TO: [PLP(s)]
TABLE OF CONTENTS I. II. III.

IV.



### V. VI. VII. VIII. 

### IX. JURISDICTION DEFINITIONS OBJECTIVES
. FINDINGS OF FACT ECOLOGY DETERMINATIONS WORKTO BE PERFORMED TERMS AND CONDITIONS OFORDER SATISFACTION OFTHISORDER ENFORCEMENT
. 2 2 6 7 

### 10 11 13 

### 19 19 

# o

Writer should list the attachments usedbelow. ATTACHMENTS [Number 1: [Number 2: [Number 3: [Number4: [Number 5: Facility Diagram] RI/FS Scope ofWorkand Schedule] Public Participation Plan] Facility Description and Sample Data Submittal Requirements] Guidelines and Specifications for Preparing QualityAssurance Project Plans, Kay 1991, Department ofEcoiogy]



# o ENFORCEMENT ORDER - 1 Date Printed: January 10, 1994

# _ 1 2 3 4 5 6 7 8 9 10 11 12 13 

# _14

15 16 17 18 19 "20 21 22 23 24 25 26 

# e27 I. JURISDICTION This Enforcement Order ("Order") is issued pursuant to the authority of RCW 70.1050.050(1).



### II. DEFINITIONS Unless otherwise specified, the definitions set forth in Chapter 70.1050 RCW and Chapter 173-340 WAC shall control the meanings of the terms used in this Order. Additional definitions are as follows: 1. Area ofConcern (AOC) means any area of the dangerous waste management facility where a release ofhazardous substances (including dangerous waste and dangerous constituents) has occurred, is occurring, is suspected to have occurred, or threatens· to occur. 2. Cleanup Action Plan (CAP) means the document issuedby Ecology under WAC 173-340-360 which selects facility specific corrective
measures and specifies cleanup standards (cleanup levels, points ofcompliance and other requirements for the corrective measures). 3. Cleanup Standards means the standards promulgatedunder RCW 70.l05D.030(2)(d) and include (1) hazardous substance concentrations (cleanup levels) that protecthuman health and the environment, (2) the location at the facility where those cleanup levels mustbe attained (points ofcompliance), and (3) additional regulatory requirements that apply to a cleanup because of the type ofaction and/or the location ofthe facility. 4. Corrective Actionmeans any activities including investigations, studies, characterizations and corrective measures, including
ENFORCEMENT ORDER

- ·2 Date Printed: January 10, 19941 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16. 17 

### 18 19 20 21 22 23 24 25 26 27 5.

6.

7.

8. actions taken pursuant to Chapter 70.1050 RCY and Chapter 173-340 YAC, undertaken in whole or in part to fulfill the requirements of YAC 173-303-646. Corrective Measure means any measure or action to control,**pr~vent,** or mitigate releases and/or potential releases of hazardous substances (including dangerous waste and dangerous constituents) reviewed and approvedby Ecology for the facility and set forth in a facility specific Cleanup Action Plan (CAP) prepared in compliance with the requirements ofChapter 173-340 YAC, including YAC 173-340-360. Corrective measures may include interim actions as definedby Chapter 173-340 YAC. Interim actions will not necessarily be set forth in a facility specific 

### CAP. Dangerous Constituent means any constituent identified in YAC 173- 303-9905 or 40 CFR Part 264 Appendix IX, any constituent which caused a waste to be listed or designated as dangerous under the provisions ofChapter 173-303 YAC, and any constituent defined as
a hazardous substance at RCY 70.1050.020(5). Dangerous Yaste means any solid waste designated inYAC 173-303- 070 through 173-303-100 as dangerous or extremely hazardous or mixed waste. Dangerous wastes are consideredhazardous substances under RCY 70.1050.020(5). Dangerous Yaste Constituentmeans any constituent listed inWAC 173-303-9905 and any other constituent that has caused a waste to be a dangerous waste under Chapter 173-303 WAC. Dangerous waste constituents are consideredhazardous substances under RCY 70.1050.020(5). 

# c

o

c
ENFORCEMENT ORDER - 3 Date Printed: January 10, 19941 2 3 4 5 6 7 8 9 10 11 

### 12 13 

# e14 15 16 17 

### 18 19 20 

### 21 22 23 24 

### 25 9.

10.



### 11.

12.

13. Dangerous Waste Management Facility (DWMF) means the [name of DWMF] dangerous management facility and all property contiguous to this DWMF also controlledby [PLP]. Enforcement Order or Order means this Order issuedunder WAC 173- 340-540. The term includes the text ofthis Order, all Attachments to this Order, and all Ecology-approved submittals required pursuant to this Order. Order Attachments and Ecologyapproved submittals are incorporated into this Orderby this reference and are enforceable parts ofthis Order as iffully set forth herein. Facility means the [name] Dangerous Waste Management Facility (DWMF) controlledby [PLP] located at [location], all property contiguous to this DWMF also controiledby [PLP], and all property, regardless ofcontrol, affected or potentially affected by releases ofhazardous substances, including dangerous wastes and dangerous constituents, at and from these areas. Feasibility Study (FS) means the investigation and evaluation of potential corrective measures performed in accordance with the Feasibility Study (FS) requirements ofWAC 173-340-350 and the RI/FS Scope ofWorkattached to this Order, which includes the requirements for a RCRA CorrectiveMeasures Study, and undertaken inwhole or in part to fulfill the corrective action requirements ofWAC 173-303-646. Permit or Permitting Requirement, unless otherwise specified,
means the requirements ofChapter 173-303 WAC for applying for,

ENFORCEMENT ORDER

- 4 Date Printed: January 10, 19941 

### 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 

### 18 19 20 21 

### 22 23 24 25 26 14.

15.

16.

17. obtaining, maintaining, modifying, and terminating dangerous waste management facility permits. RCRA Facility Assessment (RFA) means the [EPAor Ecology] conducted investigation ofreleases and potential release at the dangerous waste management facility and the information contained in the report entitled [name ofRFA Report and Date here], ("RFA Report"). The RFA Report is incorporated into this Orderby this reference as iffully set forth herein. Release means the definition of release at RCW 70.105D.020(10), which includes any intentional or unintentional spilling, leaking, pouring, emitting, emptying, discharging, injecting, pumping, escaping, leaching, dumping, or disposing ofhazardous substances, including dangerous waste and dangerous constituents into the environment. It also includes the abandonment or discarding of barrels, containers, and other receptacles containing·hazardous substances, including dangerous waste and dangerous constituents. Remedial Investigation (RI) means a facility wide investigation and characterizationperformed in accordance with the requirements ofChapter 173-340 WAC and the RI/FS Scope ofWorkattached to this Order, which includes the requirements for a RCRA facility investigation, undertaken inwhole or in part to fulfill the corrective action requirements ofWAC 173-303-646. SolidWaste ManagementUnit (SWMU) means any discernible location at the dangerous waste management facility where solidwastes have beenplaced at any time, irrespective ofwhether the locationwas intended for the management of solid or dangerous waste. Such 

# c

o



# o
ENFORCEMENT ORDER - 5 Date Printed: January 10, 19941


# _ 2 3 4 5 6 7 8 9 10 11 12 13 _14 15 16 17 18 19 20 21 22 '23 24 25 locations include any area at the dangerous waste management facility at which solid wastes, including spills, have been routinely and systematically released and include regulated units
as defined by Chapter 173-303 WAC.

III. OBJECTIVES The remedial action objectives for this facility are: 1. [PLP] shall conduct [a remedial investigation and/or feasibility study] to be approvedby Ecology and in accordance with the requirements of Chapter 173-340WAC. The purpose of the [RI/FS] shall, in part, be to concurrently satisfy the corrective action requirements, [a RCRA facility investigation and/or RCRA Corrective Measures Study], ofWAC 173-303-646. 2. After completion and approval ofthe remedial investigation and feasibility study, [PLP] may'be required to draft the Cleanup Action Plan (CAP). The planwill satisfy the requirements ofChapter 173-340-400. The purpose ofthe CAP shall, in part, be to concurrently satisfy the corrective action requirements ofWAC 173-303-646. 3. After public review and comment, the Cleanup Action Planwill be finalized and [PLP] will be required to design, construct, operate, and monitor the selected remedial actions via a consent decree, agreed order, enforcement order, or a permit.

IV. FINDINGS OF FACT Ecologymakes the following Findings ofFact. 

### ..'

ENFORCEMENT ORDER

- 6 Date Printed: January 10, 19941 2 3 4 5 6 7 8 9 10 11 State all necessary facts in numbered paragraphs. These facts shouldbe sufficient to show that there has been a release or threatened release of a hazardous substance at a facility, which presents a threat to public health or the environment, thereby requiring remedial action. The facility should be clearly identified. The status of the PLPas an owner, operator, etc., shouldbe stated as well. Because this facility is a dangerous waste management facility, and the remedial action requiredby this Order is "corrective action," it is important to describe the facility's dangerous waste management activities. The following types offactual information shouldbe included along with any other facts deemed necessary.] 

# o

12 1. [PLP] is andhas been the [owner] [operator] [owner and operator] 13 of the dangerous waste management facility since on or about [date]. 14
15 [If the facility became regulatedbecause ofmore recent regulation changes 

### 16 by EPA or in State Dangerous Waste Regulations, change the date in the 

### 17 following paragraph and explainwhen the facility became regulated as a 18 TSD.] 19 I!:::=======:::::i:::::=========================:::::!l 20 

### 2. [PLP] [owned] [operated] [owned and operated] the [name of 

# o 21 dangerous waste management facility] as a dangerous waste management facility 22 on or after November 19, 1980, the date which subjects facilities to RCRA \ 23 permitting requirements, including interim status requirements pursuant to 24 Section 3005 ofRCRA and implementing regulations thereunder, and including 25 authorized state regulations promulgated in Chapter 173-303 WAC. 26 3. On [date], [PLP] notified Ecology [or EPA] of its dangerous waste 27 management activities. In the notification, [PLP] identified itselfas 28 managing the following dangerous wastes at the [name of dangerous waste 29 management facility]: [Fill in the wastes, the capacity, and the management 30 units here.] 31 4. Pursuant to the [date] notification, [PLP] was issued 32 identificationnumber

ENFORCEMENT ORDER - 7 __________by EPA [or Ecology].

Date Printed: January 10, 1994 

# o1 5. On [date]. [PLP] submitted to Ecology [or EPA] Part Aof the RCRA 2 permit application. In the PartAApplication. [PLP] identified itselfas 3 managing the following dangerous wastes at the[name of dangerous vaste 4 management facility]. [Fill in the wastes, the capacity, and the management 5 units here.] 6
7 [Ift4ere is no Part Aapplication, then tell the story ofhow the facility 8 became subject to RCRA permitting requirements, including corrective 9 action. For example, ifthe facility became subject to corrective action 10 through operation ofan illegal dangerous waste treatment unit, then 11 chronicle the discovery of the unit. the proof it was used to treat 12 dangerous waste, etc. AnOrder canbe issuedunder Chapter 70.105 RCW 13 which requires the facility to submit a Part Aapplication to make the 14 facility clearly subject to permitting requirements, including corrective 15 action.] 

### 16 17 18 _19 W20 21 22 23 [Ifthe facility is no longer operating under interim status because it clean closed regulatedunits orbecause interim status was terminated pursuant to loss ofinterim status (LOIS) provisions, the facility is still potentially subject to corrective action. Include the story of the facility's interim status history here ifthey are no longer operating under interim status.] t·

24 [Ifthe facility revised or updated its PartA, include information on the 25 revisions and updates here. Ifthe facility has undergone many Part A 

### 26 revisions/updates, you maywant to write something like, "The dangerous 27 waste managementfacility owner/operatorhas amended PartA ofthe 28 dangerous waste permit application times, and generally describe the 29 changes. Currently, the dangerous waste managementfacility manages (fill 30 in current capacity, wastes, andmanagement unit) under interim status."] 31 32 6. On [date]. EPA [or Ecology] performed a RCRA FacilityAssessment 33 (RFA) at the dangerous waste management facility. The purpose ofan RFA is to 34 identify those areas at the dangerous waste management facility where releases 35 ofhazardous substances, as defined in Section II ofthis Order, mayhave 36 occurred ormaybe occurring.

ENFORCEMENT ORDER - 8 Date Printed: January 10, 19941 2 7. Pursuant to the RFAReport and other information, Ecology has identified the following Soliq Waste Management Units (SWMUs) and Areas of 

# G

3 Concern (AOC) at the dangerous waste management facility: [list SWMUs and AOC 4 here]
5 [Importantl Ifyou use other information, such as inspection reports, 6 letters, etc., to document SWMUs or AOC not listed in the RFA report, you 7 must have that information in the administrative record. You may also want 8 to summarize that information here in the findings of fact.] 9 10 [In the following paragraphs summarize information on releases or potential 11 releases from the SWMUs and AOC identified in paragraph 8; this should 12 include a summary of information (if there is any) on pertinent facility13 conducted and/or agency-conducted investigatory work.] 14 15 [To the extent that releases or potential releases ofcertain constituents 16 have been identified, it's helpful to include some information on the 17 mobility and toxicity of the constituents and possible or documented routes 18 of exposure (e.g., nearby, downgradient, drinking water wells).] 19 20 21 22 23 [If the facility owner/operator has completed any previous cleanup or interim measures, include descriptions of such work and its effectiveness (ifknown) here.] 

# o

24 8. Releases and/or potential releases ofhazardous substances 25 including, but not limited to [list DW and dangerous constituents] from SWMUs 26 and AOC at the dangerous waste management facility are documented in the RFA 27 Report andby [summarize other documentation here. e.g., "and by sampling 28 conducted by the Department ofEcology on Hay 15, 1990 and August 14, 1990"]. 29 9. Hazardous substances may have been and may continue to be released 30 from the dangerous waste management facility into the environment including 31 surface water drainage areas; groundwater beneath andbeyond the dangerous 32 waste management facili,ty; air; human work areas; and floral and faunal 33 habitats. 

# o
ENFORCEMENT ORDER - 9 Date Printed: January 10, 1994"" 3. Certainwaste and constituents found at the facility are dangerous**~,** 

# _ \ 

### 1 2 3 4 5 6 

### 7 8 

### 9 10 11 

### 12 13 14 15 16 17 

# -18

19 20 21 22 23 24 25 26 27 28 29 

# e [Ifreleases are known, use appropriate language. e.g., "Hazardous substances have been and continue to be released at and from the dangerous waste management facility into surface drainage areas, human work areas, and floral and faunal habitats."] V. ECOLOGY DETERMINATIONS [The determinations should reflect corrective actionjurisdiction and applicable definitions.

### 1
1. [PLP] is a personwithin the meaning ofROW 70.1050.020(7). 2. [PLP] is the [owner] [operator] [owner and operator] ofa dangerous waste management facility that has operated. is operating. or should have been operating under interim status subject to Section 3005(e) ofRCRA and regulations promulgated thereunder. including authorized state regulations in Chapter 173-303 WAC.

wastes and/or dangerous constituents as definedby ROW 70.1050.010(5) and Chapter 173-303 WAC. 4. These dangerous wastes and dangerous constituents are considered hazardous substances within the meaning ofROW 70.1050.020. 5. Based on the Findings ofFact and the administrative record. Ecologyhas determined that releases and/or potential releases ofhazardous substances at and/or from the facility present a threat [orpotential threat, ifno documented releases] to human health and the environment. [6. TWO OPTIONS] 6. Byletter dated [date]. Ecology notified [PLP] of its status as a "potentially liable person" under ROW 70.1050.040 after notice and opportunity for comment. [OR] .;

ENFORCEMENT ORDER

- 10 Date Printed: January 10. 19941 2 6. By a letter of [date], [PLP] voluntarily waived its rights to notice. and comment and accepted Ecology's determination that [PLP] is a 

# o
3 "potentially liable person" under RCW 70.1050.040. 4 

### 7. Pursuant to RCW 70.1050.030(1) and RCW 70.1050.050, the Department 5 mayrequire potentially liable persons to investigate or conduct other 6 remedial actions with respect to the release or threatened release of 7 hazardous substances, whenever itbelieves such action to be in the public 8 interest. 9 8. The actions, including investigations, requiredby this Order are 10 in the public interest. 11

15 Based on the foregoing Facts and Determinations, it is hereby ordered 12 13 14 

# II 9. [Ifan emergency order, so state.]
VI . WORKTO BE PERFORMED 

## II 

# o

16 that [PLP] take the following remedial actions and that these actions be 17 conducted in accordance with Chapter 173-340WAC and applicable provisions of 18 Chapter 173-303 WAC, unless otherwise specifically provided for herein. 19
20 

### [1. Describe work/investigation/remedial action to be performed. 21 Be as specific as possible so it is clearwhat is being required and ifthe 22 requirements are not fulfilled, non-compliance canbe readily demonstrated. 23 Mayincorporate attachments here, e.g., scope ofwork, schedule, etc.] 24 25 [2. Set forth schedule for performance and/or deliverab1es, 26 including Ecology approval ofall workplans.] 27 28 

### 29 30 

### [3. Include provisions for progress reports, sampling reporting, QA/QC, etc.]. 

# o
ENFORCEMENT ORDER - 11 Date Printed: January 10, 1994

### forth herein.

Work.

1. Public Notices: VII
. TERMS AND CONDITIONS OFORDER days 4. In accordance with WAC 173-340-840(5), environmental sampling data

5. Once approved or modified and approvedby Ecology, submittals are

ROW 70.l050.030(2)(a) requires that, at a minimum, this Orderbe [Writer should fill in number ofdays, e.g., fifteen (15), but not longer thanninety (90) days as provided inWAC 173-340-300(2).]

[These submittals shall be provided to Ecology as requiredunder the schedule established inprovision 2, above.] 6. [PLP] shall notify Ecology's project coordinator inwriting ofany incorporatedby reference and enforceable parts ofthis Order as if fully set

after discovery, and shall investigate and report on these areas as directed ) 

### by Ecology's project coordinator. Ifrequired, the investigation (assessment) no later than



## -----

providing suchpublic notice and reserves the right to modify orwithdraw any newly-discovered areas ofconcern at the dangerous waste management facility newly-identified SWMU(s), newly-discovered releases from known SWMU(s), and

and reporting shall be done in accordance with the attachedRI/FS Scope of

provisions ofthis Order shouldpublic comment disclose facts or subject to concurrentpublic notice. Ecology shall be responsible for DATA SUBMITTALREQUIREMENTS. shall be submitted according to Attachment [ ]: SITE DESCRIPTION AND SAMPLE 

# e 1 2 3 4 5 6 7 8 9 10
11 

### 12 13 

### 14 _15 16 17 18 19 20 21 22 23 24 25 26 27 

# e
ENFORCEMENT ORDER - 12 Date Printed: January 10, 19941 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 considerations which indicate to Ecology that the Order is inadequate or improper in any respect. 2. Remedial and Investigative Costs: [PLP] shall pay to Ecology costs incurred by Ecology pursuant to this Order. These costs shall include work performedby Ecology or Ecology's contractors for investigations, remedial actions, and Order preparation, oversight and administration. Ecology costs shall include costs ofdirect activities and support costs of direct activities as defined inWAC 173-340-550(2). [PLP] shall pay the required amount withinninety (90) days ofreceiving from Ecology an itemized statement ofcosts that includes a summary ofcosts incurred, an identification of involved staff, and the amount of time spentby involved staffmembers on the project. Ageneral description ofworkperformedwill be providedupon request. Itemized statements shall be prepared quarterly. Failure to pay Ecology's costs withinninety (90) days ofreceipt ofthe itemized statement ofcosts will result in interest charges> 3. Financial Assurance. [PLP] shall establish andmaintain financial
assurance by either a trust fund or a financial test in the amount necessary to implement the Cleanup Action Plan (CAP) as provided inWAC 173-340-440(6). [PLP] shall provide Ecology's Project Coordinator documentation ofthis financial assurance within sixty (60) days ofEcology's**issuan~e** ofthe final CAP. [PLP] shall adjust the financial assurance coverage for changes in cost estimates and/or for inflationwithin thirty (30) days after each anniversary ofthe date the preceding costs were first prepared and shall provide Ecology's project coordinator documentation of the updated financial
assurance. 

# o



# o

o
ENFORCEMENT ORDER

- 13 Date Printed: January 10," 1994event.

Address: Name:



### FAX:

days of the effective date of this Order.

terms and conditions ofthis Order, shall be directed through the project Telephone:

implementation ofthis Order. To the maximum extent possible, communications The project coordinator for [PLP] is required to be designated and 4. Designated Project Coordinators. The project coordinator for

[Writer should fill in number ofdays, e.g., fifteen (15).] [PLP] shall notify Ecology's Project Coordinatorby certifiedmail of

The project coordinator(s) shall be responsible for overseeing the

between Ecology and [PLP] , and all documents, including reports, approvals, and other correspondence concerning the activities performed pursuant to the who signed

### ReRA Part AApplication] as [PLP]'s project coordinator. Coordinatorwithin



## -----

Ifa project coordinator is not designated, Ecology will treat [name ofperson hisfher name, address, and telephone number is to be provided to Ecology's Ecology is: another authorized trustee institutionwithin sixty (60) days after such an as a trustee, the [PLP] must establish financial assurance (trust fund) with the commencement of a voluntary or involuntary bankruptcy proceeding under

a suspension or revocation of the authority of the trustee institution to act commencement of the proceeding. In the event ofbankruptcy of the trustee, or Title 11, United States Code, naming the [PLP] , within ten (10) days after 

# e 1 2 3 4 5 6 7 8 9 10 11 12 13 _14 15 16 17 18
19 20 21 22 23 24 25 26 

# e27

ENFORCEMENT ORDER

- 14 Date Printed: January 10, 19941 2 coordinator(s). Should Ecology or [PLP] change project coordinator(s), written notification shall be provided to Ecology or [PLP] at least ten (10) 

# o
3 days prior to the change ifpossible. 4 5. Performance: All workperformedby [PLP] pursuant to this Order 5 shall be under the direction and supervision, as necessary, ofa professional 6 engineer or hydrogeologist, or similar expert, with appropriate training, 7 experience and expertise inhazardous waste facility investigation and 8 cleanup. [PLP] shall notify Ecology as to the identity of such engineer(s) or 9 hydrogeologist(s), and ofany contractors and subcontractors to be used in 10 carrying out the terms of this Order, in advance of their involvement at the 11 facility. [PLP] shall provide a copy ofthis Order to all agents, contractors 12 and subcontractors retained to performwork requiredby this Order and shall 13 ensure that all workundertakenby such agents, contractors and subcontractors

15 Except where necessary to abate an emergency situation, [PLP] shall not 14 will be in compliance with this Order. 

# o

16 perform any remedial actions at [Facility Name] outside that requiredby this 17 Order unless Ecology concurs, inwriting, with such additional remedial 18 .actions. 19
20 [The following provision is to be usedwhen ordering cleanup actions.] 21 22 WAC l73-340-400(7)(b)(i) requires that "construction" performed on the 23 facility must be under the supervisionofa professional engineer registered 24 inWashington. 25 6. Access: Ecology or any Ecology authorized representative shall 26 have the authority to enter and freely move about the facility at all 27 reasonable times for the purposes of, amongother things, inspecting records, 

# c
ENFORCEMENT ORDER

- 15 Date Printed: January 10, 1994

# e 1 2 3 4 5 6 7 8 9 10 11 12 13 

# e14 15 16 17 18 19 20 21
22 23 24 25 26 27 

# .8 operation logs, and contracts related 'to the workbeing performed pursuant to this Order; reviewing the progress in carrying out the terms of this Order; conducting such tests or collecting samples as Ecology or the project coordinator may deemnecessary; using a camera, sound recording, or other documentary type equipment to record work done pursuant to this Order; and verifying the data submitted to Ecology by [PLP]. Ecology shall provide reasonable notice prior to entering the facility unless an emergency prevents notice. Ecology shall allow split or replicate samples to be taken by [PLP] during an inspectionunless doing so interferes with Ecology's sampling. [PLP] shall allow split or replicate samples to be takenby Ecology and shall provide seven (7) days notice before any sampling activity.

[Ifaccess to other owners' properties is required to carry out the requirements ofthis Order, include a requirement that the PLPmust attempt to obtain such access in a timely fashion.]
7. Public Participation: [PLP] shall prepare and/or update a public participationplan for the facility. Ecology will review and approve the plan and will maintain the responsibility for public participation at the facility. [PLP] shall help coordinate and implementpublic participation for the facility. [Ifthe writer wishes to be more specific inpublic participation requirements, see the model Consent Decree for suggested language.]
8. Retention ofRecords: [PLP] shall preserve in a readily retrievable fashion, during the pendency ofthis Order and for ten (10) years from the date of issuance by Ecology ofwrittennotification that all requirements of this Orderhave been satisfactorily completed, all records,

ENFORCEMENT ORDER - 16 Date Printed: January 10, 19942 reports, documents, and underlying data in its possession relevant to this Order. Should any portion of the workperformedhereunder be undertaken 

# o
3 through contractors or agents of [PLP) , a record retention requirement meeting 4 the terms of this paragraph shall be included in any contracts with such 5 contractors and/or agents. 6 9. Dispute Resolution: [PLP) may request Ecology to resolve disputes 7 which may arise during the implementation of this Order. Such request shall 8 be inwriting and directed to the signatory, orhisjher successor(s), to this 9 Order. Ecology resolution ofthe dispute shall be binding and final. [PLP] 10 is not relieved ofany requirement of this Order during the pendency ofthe 11 dispute and remains responsible for timely compliance with the terms ofthe 12 Order unless otherwise providedby Ecology inwriting.
13 14 15 [Ifthe writer wishes to utilize a more formal dispute resolutionprocess, see the model Consent Decree for suggested language.] 

# o 16 10. Reservation ofRights: Ecology reserves all rights to issue 17 additional orders to take any action authorizedby law in the event or upon I 

### 18 the discovery ofa release or threatened release.ofhazardous substances not 19 addressedby this Order, upon discovery ofany factors not known at the time 20 of issuance ofthis Order, in order to abate an emergency, or under any other 

### 21 circumstances deemed appropriate by Ecology. 

### 22 Ecology also reserves all rights regarding the injury to, destruction 23 of, or loss ofnatural resources resulting from the releases or threatened 24 releases ofhazardous substances from 

### [Facility Name]. 25 In the event Ecology determines that conditions at the facility are 26 creating orhave the potential to create a threat to the health orwelfare of 27 the people on the facility or in the surrounding area or to the environment, 

# o
ENFORCEMENT ORDER - 17 Date Printed: January 10, 19941 

# e"2 Ecology mayorder [PLP] to stop further implementation of this Order for such period of time as needed to abate the threat. 3 

### 11. Transference ofProperty: Prior to any voluntary or involuntary 4 conveyance or relinquishment of title, easement, leasehold, or other interest 5 in any portion ofthe facility, [PLP] shall provide for continued 6 implementation of all requirements of this Order and implementation ofany 7 remedial actions found to be necessary as a result of this Order. 8 Prior to transfer ofany legal or equitable interest 9 [PLP] mayhave in the facility or any portions thereof, [PLP] shall serve a 10 copy of this Orderupon any prospective purchaser, lessee, transferee, 11 assignee, or other successor in'such interest. At least thirty (30) days 12 prior to finalization ofany transfer, [PLP] shall notify Ecology of the 13 contemplated transfer. 12. Compliance with Other Applicable Laws: All actions carried outby [PLP] pursuant to this Order shall be done in accordance with all applicable 

### ."

16 federal, state, and local requirements. Somerequirements herein are based on 17 the applicable requirements ofChapter 70.105 ROW and Chapter 173-303 WAC. 18 19 VIII. SATISFACTION OF THIS ORDER 20 The provisions ofthis Order shall be deemed satisfiedupon [PLP]'s 21 receipt ofwritten notification from Ecology that [PLP] has completed the 22 corrective actions requiredby this Order, as amendedby any modifications, 23 and that all otherprovisions of this Orderhave been compliedwith. 24 

### 25

ENFORCEMENT ORDER - 18 Date Printed: January 10, 19941 

### 2 3 4 5 6 7 8 9 10 11 12 

### 13 14 15 16 17 

### 18 19 20 21 

### 22 23 24 25 26 IX. ENFORCEMENT 1. Pursuant to RCW 70.1050.050, this Order maybe enforced as follows: A. The Attorney General maybring an action to enforce this Order in
a state or federal court. B. The Attorney General may seek to recover, by filing an action if necessary, the amounts spentby Ecology for investigative and remedial actions and orders related to the facility. C. In the event [PLP] refuses, without sufficient cause, to comply with any term of this Order, [PLP] will be liable for: (1) up to three times the amount ofany costs incurredby the state ofWashington as

## aresult of its refusal to comply; and (2) civil penalties ofup to $25,000 per day for each day it refuses to comply. D. This Order is not appealable to the Washington Pollution Control Hearings Board. This Order maybe reviewed only as providedunder 

### RCW 70.1050.060.

Effective date of this Order:



# -------------
STATE OFWASHINGTON DEPARTMENT OF ECOLOGY

By

_ 

# o

o



# o
ENFORCEMENT ORDER·- 19 Date Printed: January 10, 1994

### AGREED ORDER MODEL
This model was created using several WordPerfect 5.1 features: CommentBoxes, Automated Generation ofTable of Contents, Footer Code containing automatic date ofprint, and Line Numbering. 1. Comment Boxes are used to give the reader assistance and/or options on the screen as they work through the document but they do not print and do not appear in View (Shift F7-6). Ifyour comment boxes are not appearing to you, you need to change your Setup (Shift-F1), 2, 6, 2. Make sure your comments display is set to Yes. 2. The abbreviation [PLP] is used throughout the document to represent where to put the name of the owner/operator. To search for each. occurrence of [PLP] , press F2-Search. Type PLP (withoutbrackets) and press F2 again. Replace the [PLP] with the name of the owner/operator. Press F2 twice to find the next occurrence. 3. Other options are also contained inbrackets []. To search for each occurrence ofbracketed text, press F2-Search. Type [ and press F2 again. Replace the bracketed text with the appropriate information. Press F2 twice to find the next occurrence ofbracketed text. 4. After editing document, the page numbering for the Table ofContents can automatically be createdby following these instructions: 1. Press [Alt-F5] 2. Choose 6-Generate 3. Choose 5-Generate Tables, Indexes, Cross References
... 4. Press Yfor Yes. Table ofContents Page Numbering is automatically generated. 5. Once document is complete, you maychoose to delete the comment boxes. Commentsboxes canbe searched for and deletedby using the Replace feature ofWordPerfect. Press A1t-F2. At the w/Confirm? prompt, you· can choose Yes ifyou wantWordPerfect to stop at each comment box before deleting it or choose No ifyouwant them all deletedwithout stopping. At the Srch: prompt, press Ctrl-F5, 1. This will place the [Comment] code at the search string. Press F2. At the Replace with: prompt, simply press F2 again; in essence, you are replacing Comment boxes with "nothing," a technique also known as search and destroy. Please contact Sue Smith (Text Processing Center) at 407-6591 ifyouhave any questions**r~garding** the WordPerfect techniques used for this model.AO-O/O/93 

### STATE OFWASHINGTON DEPARTMENT OF ECOLOGY 

# o In the Matter ofRemedial Actionby:

[Address] ) ) ) ) ) ) 

### AGREED ORDER No. DE

_
Replace [PLP(s)] with name(s) ofowner/operator; Orders will be jointly issued to bothparties ifowner and operator ofRCRA facility are different. TO: [PLP(s)]

TABLE OF CONTENTS 

### I. II. III.

IV.

V. 

### VI. VII. VIII. IX.



### X. JURISDICTION DEFINITIONS OBJECTIVES
. FINDINGS OF FACT ECOLOGYDETERMINATIONS WORKTO BE PERFORMED TERMS AND CONDITIONS OFORDER STIPULATED PENALTIES
. . . SATISFACTION OFTHISORDER ENFORCEMENT
. . . . 2 2 6 6 

### 10 11 

### 13 19 20 20 

# o

Writer should list the attachments usedbelow. ATTACHMENTS [Number 1: [Number

### 2: [Number 3: [Number 4: [Number 5: Facility Diagram] RI/FS Scope ofWorkand Schedule] Public Participation Plan] Facility Description and Sample Data Submittal Requirements] Guidelines and Specifications for Preparing QualityAssurance Project Plans, May 1991, Department ofEcology]


# o

1_- AGREED ORDER - 1 Date Printed: January 10, 1994

# _ 1 2 3 4 5 6 7 8 9 10 11 12 13 

# _14

15 16 17 18 19 20 21 22 23 24 25 26 

# e27 I. JURISDICTION This Agreed Order ("Order") is issued pursuant to the authority ofRCW 70.l05D.050(l).

I I . DEFINITIONS Unless otherwise specified, the definitions set forth in Chapter 70.l05D RCW and Chapter 173-340WAC shall control the meanings ofthe terms used in ( this Order. Additional definitions are as follows: 1. Agreed Order or Order means this Order issuedunder WAC 173-340- 530. The term includes the text of this Order, all Attachments to this Order, and all**Ecology~approved** submittals required pursuant to this Order. OrderAttachments and Ecology-approved submittals
are incorporated into this Orderby this reference and are enforceable parts of this Order as iffully set forth herein. 2. Area ofConcern (AOC) means any area ofthe dangerous waste management facility where a release ofhazardous substances (including dangerous waste and dangerous constituents) has occurred, is occurring, is suspected to have occurred, or threatens to occur. 3. Cleanup Action Plan (CAP) means the document issuedby Ecology underWAC 173-340-360 which selects facility specific corrective
measures and specifies cleanup standards (cleanup levels, points ofcompliance and other requirements for the corrective measures). 4. Cleanup Standards means the standards promulgatedunder RCW 70.l0SD.030(2)(d) and include (1) hazardous substance concentrations (cleanup levels) that protecthumanhealth and the
AGREED ORDER

- 2 Date Printed: January 10, 19941 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 

### 18 19 20 21 22 23 24 25 26 5.

6.

7.

8. environment, (2) the location at the facility where those cleanup levels must be attained (points ofcompliance), and (3) additional regulatory requirements that apply to a cleanup because of the type ofaction and/or the location of the facility. Corrective Action means any activities including investigations, studies, characterizations and corrective measures, including actions taken pursuant to Chapter 70.l05D 

### ROWand Chapter 173-340 WAC, undertaken inwhole or inpart to fulfill the requirements of WAC 173-303-646. Corrective Measure means any measure or action to control, prevent, or mitigate releases and/or potential releases of hazardous substances (including dangerous waste and dangerous constituents) reviewed and approvedby Ecology for the facility and set forth in a facility specific Cleanup Action Plan (CAP) prepared in compliance with the requirements ofChapter 173-340 WAC, includingWAC 173-340-360. Corrective measures mayinclude interim actions as definedby Chapter 173-340 WAC. Interim actions will not necessarilybe set forth in a facility specific CAP. Dangerous Constituentmeans any constituent identified inWAC 173- 303-9905 or 40 CFR Part 264 Appendix IX, any constituentwhich caused a waste to be listed or designated as dangerous under the provisions ofChapter 173-303 WAC, and any constituent defined as
a hazardous substance at

### RCW 70.l05D.020(5). Dangerous Waste means any solidwaste designated inWAC 173-303- 070 through 173-303-100 as dangerous or extremelyhazardous or 

# o

o

o AGREED ORDER

- 3 '\ Date Printed: January 10, 19941 mixed waste. Dangerous wastes are considered hazardous substances 

### 2 3 4 5 6 7 8 9 10 11 12 13 

# e 14 15 16 17 

### 18 19 20 21 

### 22 23 24 25 9.

10.



### 11.

12.

13. under RCW 70.1050.020(5). Dangerous Waste Constituent means any constituent listed inWAC 173-303-9905 and any other constituent thathas caused a waste to be,a dangerous waste under Chapter 173-303 WAC. Dangerous waste constituents are considered hazardous substances under RCW 70.105D.020(5). Dangerous Waste Management Facility (DWMF) means the [name of DWMF] DWMF and all property contiguous to this DWMF also controlledby [PLP]. Facility means the [name] Dangerous Waste Management Facility (DWMF) controlledby [PLP] located at [location], all property contiguous to this DWMF also controlledby [PLP] , and all property, regardless ofcontrol, affected orpotentially affected by releases ofhazardous substances, including dangerous wastes and dangerous constituents, at and from these areas. Feasibility Study (FS) means the investigation and evaluation of potential corrective measures performed in accordance with the Feasibility Study (FS) requirements ofWAC 173-340-350 and the RI/FS Scope ofWorkattached to this Order, which includes the requirements for a RCRA Corrective Measures Study, and undertaken inwhole or inpart to fulfill the corrective action requirements ofWAC 173-303-646. Permit or Permitting Reguirement, unless otherwise specified,
means the requirements ofChapter 173-303 WAC for applying for,

AGREED ORDER - 4 Date Printed: January 10, 19941 

### 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 

### 18 19 20 21 

### 22 23 24 25 26 14.

15.

16.

17. obtaining, maintaining, modifying, and terminating dangerous waste management facility permits. RCRA Facility Assessment (RFA) means the [EPAor Ecology] \ conducted investigation ofreleases and potential release at the dangerous waste management facility and the information contained in the report entitled [name ofRFA Report and Date here], ("RFA Report"). The RFA Report is incorporated into this Order by this reference as iffully set forth herein. Release means the definition ofrelease at ROW 70.105D.020(10), which includes any intentional or unintentional spilling, leaking, pouring, emitting, emptying, discharging, injecting, pumping, escaping, leaching, dumping, or disposing ofhazardous substances, including dangerous waste and dangerous constituents into the environment. It also includes the abandonment or discarding of barrels, containers, and other receptacles containinghazardous substances, including dangerous waste and dangerous constituents. Remedial Investigation (RI) means a facility wide investigation and characterizationperformed in accordance with the requirements ofChapter 173-340WAC and the RI/FS Scope ofWorkattached to this Order, which includes the requirements for a RCRA facility investigation, undertaken inwhole or inpart to fulfill the corrective action requirements ofWAC 173-303-646. SolidWaste ManagementUnit (SWMU) means any discernible location at the dangerous waste management facility where solidwastes have beenplaced at any time, irrespective ofwhether the locationwas intended for the management of solid or dangerous waste. Such 

# c

o

o
AGREED ORDER - 5 Date Printed: January 10, 1994

# e 1 2 3 4 5 6 7 8 9 10 11 12 13 

# e 14 15 16 17 18 19 20 21 22 23 24 25 26 

# e locations include any area at the dangerous waste management facility at which solid wastes, including spills, have been routinely and systematically released and include regulated units
as definedby Chapter 173-303 WAC.

III. OBJECTIVES The remedial action objectives for this facility are: 1. [PLP] shall conduct [a remedial investigation and/or feasibility study] to be approvedby Ecology and in accordance with the requirements of Chapter 173-340 WAC. The purpose of the [RI/FS] shall, in part, be to concurrently satisfy the corrective action requirements, [a RCRA fac!lity investigation and/or RCRA corrective measures study], ofWAC 173-303-646. 2. After completion and approval ofthe remedial investigation and feasibility study, [PLP] maybe required to draft the Cleanup Action Plan (CAP) to satisfy the requirements ofChapter 173-340-400 to concurrently satisfy the corrective action requirements ofWAC 173-303-646. The purpose of the CAP shall, in part, be to concurrently satisfy the corrective action requirements ofWAC 173-303-646. 3. After public review and comment, the Cleanup Action Planwill be finalized and [PLP] will be required to design, construct, operate, and monitor the selected cleanup or corrective actions via a consent decree, agreed order, enforcement order, or a permit.

IV. FINDINGS OF FACT Ecology makes**~he** following Findings ofFact.

AGREED ORDER - 6 Date Printed: January 10, 19941 2 3 4 5 ·6

7 8 9 10 11 [State all necessary facts in numbered paragraphs. These facts shouldbe sufficient to show that there has been a release or threatened release ofa hazardous substance at a facility, which presents a threat to public health or the environment, thereby requiring remedial action. The facility should be clearly identified. The status of the PLPas an owner, operator, etc., should be stated as well. Because this facility is a dangerous waste management facility, and the remedial action requiredby this Order is "corrective action," it is important to describe the facility's dangerous waste management activities. The following types offactual information should be included along with**~ny** other facts deemed necessary.

### 1 

# c

12 1. [PLP) is andhas been the [owner) [operator) [owner and operator) 13 of the dangerous waste management facility since on or about [date). 

### 14 [If the facility became regulatedbecause ofmore recent regulation changes 15 by EPA or in State Dangerous Waste Regulations, change the date in the 16 following paragraph and explainwhen the facility became regulated as a 17 TSD.] 18 I!:==============================::::!I

21 on or·after November 19, 1980, the date which subjects facilities to RCRA dangerous waste management facility) as a dangerous waste management facility 19 20 

### 2. [PLP) [owned) [operated) [owned and operated) the [name of 

# o

22 permitting requirements, including interim status requirements pursuant to 23 Section 3005 ofRCRA and implementing regulations thereunder, and including 24 authorized state regulations promulgated in Chapter 173-303 WAC. 25 

### 26 27 28 

### 3. On [date], [PLP] notified Ecology [or EPA) of its dangerous waste 29 management activities. In the notification, [PLP) identified itselfas 30 managing the following dangerous wastes at the [name ofdangerous waste 31 management facility): [Fill in the wastes, the capacity, and the management 32 units here.] 

# o
AGREED ORDER

- 7 Date Printed: January 10, 1994identificationnumber 

# _1

2 3 4.



### 5. Pursuant to the [date] notification, [PLP] was issued

__________by EPA [or Ecology]. On [date], [PLP] submitted to Ecology [or EPA] PartAofthe RCRA 4 permit application. In the Part AApplication, [PLP] identified itselfas 5 managing the following dangerous wastes at the[name of dangerous waste 6 management facility]. [Fill in the wastes, the capacity, and the management 7 units here.] 8
9 10 11 12 13 14 15 16 17 

# "_18 19 20 21 22 23 24 

### 25 26 27 

### 28 29 30 

### 31 32 33 [Ifthere is no PartAapplication, then tell the story ofhowthe facility became subject to RCRApermitting requirements, including corrective action. For example, ifthe facility became subject to corrective action through operation ofan illegal dangerous waste treatment unit, then chronicle the discovery of the unit, the proof it was used to treat dangerous waste,**e~c.** 

### AnOrder canbe issuedunder Chapter 70.105 RCW which requires the facility to submit a PartAapplication to make the facility clearly subject to permitting requirements, including corrective action.] [Ifthe facility is no longer operating under interim status because it clean closed regulatedunits orbecause interim status was terminated pursuant to loss of interim status (LOIS) provisions, the facility is still potentially subject to corrective action. Include the story ofthe facility's interim status history here ifthey are no longer operating under interim status.] [Ifthe facility revised or updated its PartA, include information on the revisions and updates here. If the facility has undergone many PartA revisions/updates, youmaywant to write something like, "The dangerous waste managementfacility owner/operatorhas amendedPartA ofthe dangerous wastepermitapplication times, andgenerally describe the changes. Currently, the dangerous waste managementfacility manages (fill in current**capacity~** wastes, andmanagementunit) under interim**status.~]**
34 

### 6. On [date], EPA [orEcology] performed a RCRA FacilityAssessment 35 (RFA) at the dangerous waste management facility. The purpose of anRFA is to 36 identify those areas at the dangerous waste management facility where releases

AGREED ORDER - 8 Date Printed: January 10, 19941 2 ofhazardous substances, as defined in Section II of this Order, mayhave occurred or maybe occurring. 

# o

3 7. Pursuant to the RFA Report and other information, Ecology has 4 identified the following SolidWaste ManagementUnits (SWMUs) andAreas of 5 Concern (AGC) at the dangerous waste management facility: [list SWMUs and AGe 6 here] 7
8 [ImportantI Ifyou use other information, such as inspection reports, 9 letters, etc., to document SWMUs orAoe not listed in the RFA report, you 10 must have that information in the administrative record. You mayalso want 11 to summarize that informationhere in the findings offact.] 12 13 [In the following paragraphs summarize information on releases or potential 14 releases from the SWMUs andAoe identified in paragraph 8; this should 15 include a summary ofinformation (ifthere is any) on pertinent faci1ity16 conducted and/or agency-conducted investigatory work.] 

### 17 18 19 20 21 22 [To the extent that releases or potential releases ofcertain constituents have been identified, it's helpful to include some information on the mobility and toxicity ofthe constituents andpossible or documentedroutes ofexposure (e.g., nearby, downgradient, drinking water wells).] 

# o

23 [If the facility owner/operatorhas completed any previous cleanup or 24 interimmeasures, include descriptions ofsuch work and its effectiveness 25 (ifknown) here.] 26 

### 27 8. Releases and/or potential releases ofhazardous substances 

### 28 including, but not limited to [list 

### DW and dangerous constituents] from SWMUs 29 andAGe at the dangerous waste management facility are documented in the RFA 30 Report andby [summarize other documentationhere, e.g., "andby sampling 31 conductedby the Department ofEcology onHay 

### 15, 1990 and August 

### 14, 1990"]. 32 9. Hazardous substances mayhave been andmaycontinue to be released 33 from the dangerous waste management facility into the environment including 

# o
AGREED ORDER - 9 Date Printed: January 10, 1994

# e 1 2 3 4
5 6 7 8 9 10 11 12 13 14 15 16 17 18 -19 20 21 22 23 24 25 26 27 28 29 30 

# e3l surface water drainage areas; groundwaterbeneath and beyond the dangerous waste management facility; air; human work areas; and floral and faunal habitats.

[Ifreleases are known, use appropriate language, e.g., "Hazardous substances have been and continue to be released at and from the dangerous waste management facility into surface drainage areas, humanwork'areas, and floral and faunal habitats."]

V. ECOLOGY DETERMINATIONS [The determinations should reflect corrective actionjurisdiction and applicable definitions.]
1. [PLP] is a personwithin the meaning of,RCW70.1050.020(7). 

### 2. [PLP] is the [owner] [operator] [owner and operator] ofa dangerous waste management facility thathas operated, is operating, or should have been operating under'interim status subject to Section 3005(e) ofRCRA and regulations promulgated thereunder, including authorized state regulations in Chapter 173-303 WAC. 3. Certainwaste and constituents found at the facility are dangerous wastes and/or dangerous constituents as definedby RCW 70.1050.010(5) and Chapter 173-303 WAC, and shown in Section II ofthis Order. 4. These dangerous wastes and dangerous constituents are considered hazardous substances within the meaning ofRCW 70.1050.020. 5. Based on the Findings ofFact and the administrative record,**Ecolo~y** has determined that releases andpotential releases of'hazardous substances at and/or from the facility present a threat [orpotential threat, ifno documented releases] to humanhealth and the environment.

AGREED ORDER
- 10 Date Printed: January 10, 19941 2 [6. 6. TIlO OPTIONS] Byletter dated [date], Ecology notified [PLP] of its status as a 

# o
3 "potentially liable person" under ROW 70.1050.040 after notice and opportunity 4 for comment. [OR] 5 6. By a letter of [date], [PLP] voluntarily waived its rights to 6 notice and comment and accepted Ecology's determinationthat [PLP] is a 7 "potentially liable person" under ROW 70.1050.040. 8 

### 7. Pursuant to ROW 70.1050.030(1) and ROW 70.1050.050, the Department 9 mayrequire potentially liable persons to investigate or conduct other 10 remedial actions with respect to the release or threatened release of 11 hazardous substances, whenever itbelieves such action to be in the public 12 interest.

in the public interest. 13 14 15 

### 16 17 

### 18 

# II 8.

9. The actions, including investigations, requiredby this Order are

[Ifan emergency order, so state.]

.VI . WORK TO BE PERFORMED 

# II 

# o

19 Based on the foregoing Facts and Determinations, it is hereby ordered 20 that [PLP] take the following remedial actions and that these actions be 21 conducted in accordance with Chapter 173-340WAC and applicable provisions of 22 Chapter 173-303 WAC, unless otherwise specifically provided for herein. 23
24 25 26 27 

### 28 [1. Describe work/investigation/remedial action to be performed. Be as specific as possible so'it is clearwhat is being required and ifthe requirements are not fulfilled, non-compliance canbe readily demonstrated. Mayincorporate attachments here, e.g., scope ofwork, schedule, etc.] 

# o
AGREED ORDER - 11 Date Printed: January 10, 1994forth herein. DATA SUBMITTALREQUIREMENTS.

and reporting shall be done in accordance with the attachedRI/FS Scope of 4. In accordance with WAC 173-340-840(5), environmental sampling data

days 5. Once approved or modified and approvedby Ecology, submittals are

[Writer should fill in number ofdays, e.g., fifteen (15), but not longer thanninety (90) days as provided inWAC 173-340-300(2).] [3. Include provisions for progress reports, sampling reporting, QA/QC, etc.].

6. [PLP] shall notify Ecology's project coordinator inwriting ofany [These submittals shall be provided to Ecology as required under the schedule established in provision 2, above.] [2. Set forth schedule for performance and/or deliverables, including Ecology approval of all work plans.]

Work. incorporatedby reference and enforceable parts ofthis Order as iffully set

after discovery, and shall investigate and report on these areas as directed newly-discovered areas ofconcern at the dangerous waste management facility

by Ecology's project coordinator. Ifrequired, the investigation (assessment) newly-identified SWMU(s), newly-discovered releases from known SWMU(s), and

no later than



## ----- shall be submitted.according to Attachment [ ]: SITE DESCRIPTION AND SAMPLE 

# e 1 2 3 4 5 6 7 8 9
10 11 12 13 14 15 

# e16 17 18 19
20 21 22 23 24 25 26 27 28

AGREED ORDER - 12 Date Printed: January 10, 19941 2 3 1. VII. TERMS AND CONDITIONS OFORDER Public Notices: [TwoOptions] [OPTION 1] ROW70.l05D.030(2)(a) requires that, at a minimum, this 

# c

4 Orderbe subject to concurrent public notice. Ecology shall be responsible 5 for providing such public notice and reserves the right to modify or withdraw 6 any provisions ofthis Order shouldpublic comment disclose facts or 7 considerations which·indicate to Ecology that the Order is inadequate or 8 improper in any respect. 9 [OPTION 2] WAC 173-340-600(10)(c) requires a 30 day public comment 10 periodbefore this agreed order on a·state RI/FS becomes effective. Ecology 11 shall be responsible for providing suchpublic notice and reserves the right 12 to modify orwithdraw any provisions ofthis Order shouldpublic comment 13 disclose facts or considerations which indicate to Ecology that the Order is inadequate or improper in any respect. 14 15 

### 2. Remedial and Investigative Costs: [PLP] agrees to pay costs 

# o

16 incurredby Ecology pursuant to this Order. These costs shall include work 17 performedby Ecology or Ecology's contractors for investigations, remedial 18 actions, and Order preparation, negotiations, oversight and administration. 19 Ecology costs shall include costs ofdirect activities and support costs of 20 direct activities as defined inWAC 173-340-550(2). [PLP] agrees to pay the 21 required amount within thirty (30) days ofreceiving from Ecology an itemized 22 statement ofcosts that includes a summary ofcosts incurred, an 23 identification ofinvolved staff, and the amount oftime spentby involved 24 staffmembers on the project. Ageneral description ofworkperformedwill be 25 providedupon request. Itemized statements will be prepared quarterly. 

# o
AGREED ORDER - 13 Date Printed: January 10, 1994

# e 1 2 

### 3 4 5 6 7 8 9 10 11 

### 12 13 

### 14 

# e 15 16 17 18 19 20 21 22 23 24 25 Failure to pay Ecology's costs within thirty 

### (30) days ofreceipt of the itemized statement ofcosts will result in interest charges. [Writer must include the following financial assurance requirements ifthis Agreed Order requires implementation ofthe cleanup action plan. such as for a routine cleanup action.

### 1
3. Financial Assurance. [PLP] shall establish and maintain financial
assurance by either a trust fund or-a financial test in the amount necessary to implement the Cleanup Action Plan (CAP) as provided inWAC 

### 173-340-440(6). [PLP] shall provide Ecology's Project Coordinator documentation ofthis financial assurance within sixty 

### (60) days ofEcology's issuance ofthe final CAP. [PLP) shall adjust the financial assurance coverage for changes in cost estimates and/or for inflationwithin thirty 

### (30) days after each anniversary ofthe date the preceding costs were first prepared and shall provide Ecology's project coordinator documentation ofthe updated financial
assurance. [PLP] shall notify Ecology's Project Coordinatorby certifiedmail of the commencement ofa voluntary or involuntarybankruptcy proceeding under Title 

### 11, United States Code, naming the [PLP], within ten 

### (10) days after commencement ofthe proceeding. In the event ofbankruptcy ofthe trustee, or
a suspension or revocation ofthe authority ofthe trustee institution to act
as a trustee. the [PLP] must establish financial assurance (trust**fu~d)** with another authorized trustee institutionwithin sixty 

### (60) days after such an event.

AGREED ORDER

- 

### 14 Date Printed: January 

### 10, 19941 

### 2 3 4 5 6 7 8 9 10 11 12 13 14 15 

### 16 17 18 19 20 21 

### 22 23 24 

### 25 26 4. Designated Project Coordinators: The project coordinator for Ecology is: Name: Address: Telephone: 

### FAX:

The project coordinator for 

### [PLPJ is: Name: Address: Telephone: 

### FAX: The project coordinator(s) shall be responsible for overseeing the implementation of this Order. To the maximum extent possible, communications between Ecology and 

### [PLPJ, and all documents, including reports, approvals'l and other correspondence concerning the activities performedpursuant to the terms and conditions ofthis Order, shall be directed through the project coordinator(s). Should Ecology or 

### [PLPJ change project coordinator(s), writtennotification shall be provided to Ecology or 

### [PLPJ at least ten (10) calendar days prior to the change ifpossible. 5. Performance: All workperformedby 

### [PLPJ pursuant to this Order shall be under the direction and supervision, as necessary, ofa professional engineer orhydrogeologist, or similar expert, with appropriate training, experience and expertise inhazardous waste facility investigation and cleanup. 

### (PLP] shall notify Ecology as to the identity ofsuch engineer(s) or 

# o

o



# o
AGREED ORDER - 15 Date Printed: January 10, 1994

# e 1 2 3 4 5 6 7 8 9 10
11 12 13 14 -15 16 17 18 19 20 21 22 23 24· 25 26 

# e27 hydrogeo10gist(s), and of any contractors and subcontractors to be used in carrying out the terms of this Order, in advance of their involvement at the facility. [PLP] shall provide a copy of this Order to all agents, contractors and subcontractors retained to performwork requiredby this Order and shall
ensure that all work undertaken by such agents, contractors and subcontractors will be in compliance with this Order. Exceptwhere necessary to abate an emergency situation, [PLP] shall not perform any remedial actions at [FacilityName] outside that requiredby this Order unless Ecology concurs, inwriting, with such additional remedial actions. [The following provision is to be usedwhen ordering cleanup actions.] WAC l73-340-400(7)(b)(i) requires that "construction" performed on the facility mustbe under the supervision ofa professional engineer registered inWashington. 6. Access: Ecology or any Ecology authorized representative shall have the authority to enter and freely move about the facility at all reasonable times for the purposes of, among other things, inspecting records, operation logs, and contracts related to the workbeing performedpursuant to this Order; reviewing the progress in carrying out the terms ofthis Order; conducting such tests or collecting samples as Ecology or the project coordinator maydeemnecessary; using a camera, sound recording, or other documentary type equipment to recordwork done pursuant to this Order; and verifying the data submitted to Ecologyby [PLP]. Bysigning this Agreed Order, [PLP] agrees that this Order constitutes reasonable notice ofaccess, and agrees to allow access to the facility at all**r~asonable** times for purposes ofoverseeing workperformedunder this Order. Ecology shall allow

AGREED ORDER • 16 Date Printed: January 10, 19941 2 3 4
5 6 7 8 9 split or replicate·samples to be taken by [PLP] during an inspection unless doing so interferes with Ecology's sampiing. [PLP] shall allow split or replicate samples to be taken by Ecology and shall provide seven (7) days notice before any sampling activity. [Ifaccess to other owners' properties is required to carry out the requirements of this Order, include a requirement that the PLPmust attempt to obtain such access in a timely fashion.] 

### 7. Public Participation: 

### [PLP] shall prepare and/orupdate a public 

# c

10 participationplan for the facility. Ecology will review and approve the plan 

### 11 .and will maintain the responsibility for public participation at the facility. 12 [PLP] shall help coordinate and.implement public participation for the 13 facility. 

### 14 15 

### 16 17 [Ifthe writer wishes to be more specific in public participation requirements, see the model Consent Decree for suggested language.] 

### 8. Retention ofRecords: 

### [PLP] shall preserve in a readily 

# o
18 retrievable fashion, during the pendency ofthis Order and for ten (10) years 19 from the date of issuance by Ecology ofwrittennotification that all
. 20 requirements ofthis Order have been satisfactorily completed, reports, 21 documents, andunderlying data in its possession relevant to this Order. 22 Should any portion ofthe workperformedhereunderbe undertaken through 

### 23 contractors or agents of 

### [PLP] , then 

### [PLP] agrees to include in their contract 24 with such contractors or agents a record retention requirementmeeting the 

### 25 terms ofthis paragraph. 

### 26 9. Dispute Resolution:
. 

### [PLP] mayrequest Ecology to resolve disputes 

### 27 which mayarise during the implementation of this Order. Such request shall 28 be inwriting and directed to the signatory, or his/her successor(s), to this 29 Order. Ecology resolution ofthe dispute shall be binding and final. 

### [PLP] 

# o
AGREED ORDER

- 17 Date Printed: January 10, 1994

# e 1 2 3
4 5 6 7 8 9 10 11 12 13 14 

# e 15 16 17 18 19 20 21 22 23 24 25 26 

# e 27 is not relieved of any requirement of this Order during the pendency of the dispute and remains responsible for timely compliance with the terms of the Order unless otherwise providedby Ecology inwriting. [If the writerwishes to utilize a more formal dispute resolution process, see the model Consent Decree for suggested language.]
10. Reservation ofRights/No Settlement: This Agreed Order is not a settlementunder Chapter 70.1050 RCW. Ecology's signature on this Order in no way constitutes a covenant not to sue or a compromise ofany Ecology rights or authority. Ecology will not, however, bring an action against [PLP] to
recover remedial action costs paid to and receivedby Ecology under this Agreed Order. In addition, Ecology will not take additional enforcement actions against [PLP] to require those remedial actions requiredby this Agreed Order, provided [PLP] complies with this Agreed Order. Ecology reserves the right, however, to require additional remedial actions at the facility should it deem such actions necessary. Ecology also reserves all rights regarding the injury to, destruction of, or loss ofnatural resources resulting from the releases or threatened releases ofhazardous substances from [Facility Name]. In the event Ecology determines that conditions at the facility are creating orhave the potential to create a threat to the health orwelfare of the people on the facility or in the surrounding area or to the environment, Ecologymayorder [PLP] to stop further implementation ofthis Order for such period oftime as needed to abate the threat. 11. Transference ofProperty: Prior to any voluntary or involuntary conveyance or relinquishment oftitle, easement, leasehold, or other interest in any portion ofthe facility, [PLP] shall provide for continued

AGREED ORDER - 18 Date Printed:' January 10, 19941 2 implementation ofall requirements of this Order and implementation of any remedial actions found to be necessary as a result of this Order. 

# o
3 Prior to transfer of any legal or equitable interest 

### [PLP] mayhave in 4 the facility or any portions thereof, 

### [PLP] shall serve a copy ofthis Order 5 upon any prospective purchaser, lessee, transferee, assignee, or other 6 successor in such interest. At least thirty (30) days prior to finalization 7 of any transfer, 

### [PLP] shall notify Ecology ofthe contemplated transfer. 8 12. Compliance with Other Applicable Laws: All actions carried outby 9 

### [PLP] pursuant to this Order shall be done in accordance with all applicable 10 federal, state, and local requirements. Somerequirements herein are based on 11 the applicable requirements ofChapter 70.105 RCW and Chapter 173-303 WAC. 12 [The following optional sectionprovides for stipulatedpenalties.] 13 14 15 16 1. VIII. STIPULATEP PENALTIES For each day 

### [PLP] fails to comply with any time schedules 

# o

17 containedwithin Section IV ofthis AgreedOrder, or any other time· schedules 18 approved ormodified inwriting by Ecology, 

### [PLP] stipulates and agrees that 19 Ecology may, at its discretion, assess a civil penalty under RCW.70.105.080. 20 The penalties to be assessed are [negotiable to $10,000 maximum] for the first 21 day and [negotiable to $10,000 maxtmum] for each additional day of 22 noncompliance. Should a penaltybe assessed under this Part, the penalty 23 shall accrue from the date onwhich the workwas to have beenperformed, or 24 the submittal was to have beenmade, and shall cease to accrue on the date 25 when 

### [PLP] performs the requiredwork or delivers the required submittal to 26**E~ology.** Ifimposed, all penalties will be payable within thirty (30) days of 

# c
AGREED ORDER - 19 .Date Printed: January 10, 1994

# • 1 2 3 4 5 6 7 8 9 10 11 12 13 

# e 14 15 16 17 ·18

19 20 21 22 23 24 25 assessment to the Department of Ecology, Cashiering Section, PO Box47600, Olympia, WA 98504·7600. 2. [PLP] shall not be liable for payment under this Section if [PLP] has submitted to Ecology a timely request for an extension of schedules under Section IV of this Agreed Order, and ifEcology has not denied the request.

IX. SATISFACTION OF THIS ORDER The provisions ofthis Order shall be deemed satisfiedupon [PLP]'s receipt ofwritten notification from Ecology that [PLP] has completed the corrective actions requiredby this Order, as amendedby any modifications, and that all other provisions ofthis Agreed Orderhave been compliedwith.

X. ENFORCEMENT 1. Pursuant to RCW 70.1050.050, this Order maype enforced as follows: A. The Attorney General maybring an action to enforce this Order in
a state or federal court. B. The Attorney General may seek to recover, by filing an action if necessary, the amounts spentby Ecology for investigative and remedial actions and orders related to the facility. C. In the event [PLP] refuses, without sufficient cause, to comply with any term ofthis Order, [PLP] will be liable for: (1) up to three times the amount ofany costs incurredby the state ofWashington as a result of its refusal to comply; and

AGREED ORDER - 20 Date Printed: January 10, 1994Effective date of this Order:

___ (2) civil penalties ofup to $25,000 per day for each day it refuses to comply. D. This Order is not appealable to the Washington Pollution Control Hearings Board. This Order maybe reviewed only as providedunder RCW 70.l05D.060. 1 2 3 4 5 6 7 8 9 10 11 12 

### 13 [PLP]

By

_

AGREED ORDER

- 21 STATE OFWASHINGTON DEPARTMENT OF ECOLOGY

By

_

Date Printed: January 10, 1994 

# o

o