CONSENT DECREE MODEL

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CD-O/O/93

NOTE: SITE MANAGERS MUST CONTACT "THEIR ASSIGNED ASSISTANT ATTORNEY GENERAL

BEFORE DISCUSSING CONTENTS OF A CONSENT DECREE WITH POTENTIALLY LIABLE

PERSON. THIS MODEL VAS DEVELOPED FOR USE VITH RCRA TREATMENT, STORAGE, AND

DISPOSAL FACILITIES.

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

FOR COUNTY

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v.

STATE OF WASHINGTON

DEPARTMENT OF ECOLOGY,

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No. _

CONSENT DECREE

TABLE OF CONTENTS

I. INTRODUCTION . 3

II. JURISDICTION . 4

III. PARTIES BOUND 5

IV. DEFINITIONS · 5

V. STATEMENT OF FACTS . 9

VII.

VI. WORK

DESIGNATED

TO BE

PROJECT

PERFORMED

COORDINATORS

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VIII. PERFORMANCE . . 15"

IX. ACCESS · 15

X. SAMPLING, DATA REPORTING, AND AVAILABILITY 16

XI. PROGRESS REPORTS . 16

XII. STIPULATED PENALTIES 17

XIII. RETENTION OF RECORDS . 18

XIV. TRANSFER OF INTEREST IN PROPERTY 18

XV. RESOLUTION OF DISPUTES . 19

XVI. AMENDMENT OF CONSENT DECREE 20

I XVII. EXTENSION OF SCHEDULE 21

XVIII. ENDANGERMENT . 22

XIX. OTHER ACTIONS 24

XX. INDEMNIFICATION 25

XXI. COMPLIANCE WITH APPLICABLE LAWS 25

XXII. REMEDIAL AND INVESTIGATIVE COSTS 25

XXIII. IMPLEMENTATION OF REMEDIAL ACTION 26

XXIV. FIVE YEAR REVI Ell . 27

XXV. PUBLIC PARTICIPATION . 27

XXVI. DURATION OF DECREE 29

XXVII. CLAIMS AGAINST THE STATE " . 29

XXVIII. EFFECTIVE DATE . · . 29

XXIX. PUBLIC NOTICE AND WITHDRAWAL OF CONSENT 29

XXX. FINANCIAL ASSURANCE . 30

C~

CONSENT DECREE - 1 Date Printed: January 10, 1994
Exhibit A:

Exhibit B:

Exhibit C:

Exhibit D:

Exhibit E:

CONSENT DECREE - 2

EXHIBITS

Facility Diagram

Cleanup Action Plan

Scope of Work and Schedule

Public Participation Plan

Facility Description and Sample Data Submittal

Requirements

Date Printed: January 10, 1994
(4)

(3)

(2)

this Decree. An answer has not been filed, and there has not been a trial on

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I. INTRODUCTION

A. In entering into this Consent Decree (Decree), the mutual

D. By entering 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 of major components of work to be performed.]

B. The Complaint in this action is being filed simultaneously with

(1) [Implementation of the Ecology issued Cleanup Action Plan in

Ecology has determined that these actions are necessary to protect

to matters alleged in the complaint. The parties retain the right to seek

the issues raised by Ecology's complaint. In addition, the parties agree that

resolving these matters.

interest and that entry of this Decree is the most appropriate means of

bound by its terms.

discharge non-settling parties from any liability they may have with respect

settlement of these matters without litigation is reasonable and in the public

public health and the environment.

any.issue of fact 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 of Ecology (Ecology), and

where there has been a release or threatened release of hazardous substances. )

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CONSENT DECREE - 3 Date Printed: January 10, 1994
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under this Decree.

Decree.

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

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to;, -

IT ~S HEREBY ORDERED. ADJUDGED, AND

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II. JURISDICTION..... "

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This Court has jurisdiction over tli~ .;.::....., subject matter and over the

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D.',:.

C..·.:

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E. ':. This Decree shall not be construed .:as proof of liability or ~~~ .

F '. The Court is fully advised of the ~easons for entry of this

person if. after public notice and hearing. Ec~logy finds the proposed

~<;.

Ecology has given notice to [PLP].~as set forth in RCW 1

'.

70.l05D.D20(8), of Ecology'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 of hazardous s~bstances or cost for remedial

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Decree. 'and good cause having been shown:

settlement would lead to a more expeditious cl~~nup of hazardous substances.

: , ~.

RCW 70.105D.040(4)(b) requires that such a sett~ement be entered as a consent

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decree issued by a court of competent jurisdic~ion. • '.c,

Ecology has determined that a relea~e or threatened release of "f..'

hazardous substances has occurred at the facil~~ which is the subject of this

parties ~ursuant to Chapter 70.l05D RCW. the M~~l Toxics Control Act (MTCA). l~,

'if:. t' .»

B.~ Authority is conferred upon the Wa~hington State Attorney General

tby RCW 70.l05D.040(4)(a) to agree to a settlem{~t with any potentially liable

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liable p~rson for the facility and that there ~as been a release or threatened

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release pf hazardous substances at the facilitY';

Decree. ,.:'.

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CONSENT DECREE - 4

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tPate Printed: January 10. 1994 .~;.:
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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.

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III. PARTIES BOUND

This Decree shall apply to and be binding upon the signatories to ,this

Decree (parties), their successors and assigns. The undersigned

9 representative of each party hereby certifies that he or she is fully

10 authorized to enter into this Decree and to execute and legally bind such

11 party to comply with the Decree. [PLP] agrees to undertake all actions

12 required by the terms and conditions of this Decree and not to contest s,Fate

13 jurisdiction regarding this Decree. No change in ownership or corporate,:

15 shall provide a copy of this Decree to all agents, contractors and

14 status shall alter the.responsibi1ity of the [PLP] under this Decree. [PLP] o

16 subcontractors retained to perform work required by this Decree and shall

17 ensure that all work undertaken by such contractors and subcontractors will be

18 in compliance with this Decree.

19

20 IV. DEFINITIONS

21 Except as specified herein, all definitions in WAC 173-340-200 apply to

22 the terms in this Decree.

23 A. .Area of Concern (AOC) means any area of the facility where a

24 release of hazardous substances (including da~gerous waste and dangerous

25 constituents) has occurred, is occurring, is suspected to have occurred,. or

26 ·threatens to occur~

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CONSENT DECREE - 5 Date Printed: January Ht. 1994
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B.Cleanup Action Plan (CAP) means the document prepared by Ecology

under VAC 173-340-360 which selects facility specific corrective measures and

specifies cleanup standards, points of compliance and other requirements for

the corrective measures.

C. Cleanup Standards means the standards promulgated under RCV

70.105D.030(2)(d) and include (1) hazardous substance concentrations -(cleanup

levels) that protect human health and the environment, (2) the location at the

facility where those cleanup levels must be attained (points of compliance), J

and (3) additional regulatory requirements that apply to a cleanup because of

the type of action and/or the location of the facility.

D. Consent Decree or Decree means this Decree executed pursuant to

VAC 173-340-520. The term includes the text of this Decree, all Attachments

to this Decree, and all Ecology-approved submittals required pursuant to this

Decree. Decree Attachments and Ecology-approved submittals are incorporated

into this Decree by this reference and are enforceable parts of this Decree as .,

if fully set forth herein.

E. Corrective Action means any activities including investigations,

studies, characterizations and corrective measures, including actions taken

pursuant to Chapter 70.105D RCW and Chapter 173-340 WAC, undertaken in whole

or in part to fulfill the requirements of WAC 173-303-646.

F. 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

approved by 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, including WAC 173-340-360. Corrective measures may

CONSENT DECREE - 6 Date Printed: January 10, 1994
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include interim actions as defined by Chapter 173·340 WAC. Interim actions

will not necessarily be set forth in a facility 's~ecific CAP.

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3 G. Dangerous Constituent means any constituent identified in WAC 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 of Chapter 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 solid waste:designated in WAC 173·303- 'r

9 070 through 173-303-100 as dangerous or extreme1y~hazardous or mixed waste.

10 Dangerous wastes are considered hazardous substances under RCW 70.105D.020(5).

11 1. Dangerous Waste Constituent means any:constituent listed in WAC

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173·303-9905 and any other constituent that has :c~used a waste to be a

dangerous waste under Chapter 173-303 WAC. Dangerous waste constituents are

considered hazardous 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 controlled by [name

17 of owner/operator].

18 K. Facility means the [name] dangerous 'waste management facility

19 (DWMF) controlled by [name of owner/operator] located at [location], all

20 property contiguous to this facility also controlled by [name of "

:f.

21 "owner/operator], and all property, regardless of. c9ntrol, affected or

22 potentially affected by releases of hazardous 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

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26 Study (FS) requirements of WAC 173-340-350 ~nd the RI/FS Scope of Work "

27 attached to [this Decree, or the previous Decree or Order] which includes the '1\

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CONSENT DECREE - 7 Date Printed: January 10, 1994
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requirements for a RCRA Corrective Measures Study, and undertaken in whole or

in part to fulfill the corrective action requirements of WAC 173-303-646.

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Parties: Refers to the Washington State Department of Ecology and

Permit or Permitting Requirement unless otherwise specified,means

6 the requirements of Chapter 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 [EPA or Ecology]

10 conducted investigation of releases and potential release at the facility and

11 the information contained in the report entitled [name of RFA Report and Date

12 here], ("RFA Report"). The RFA Report is incorporated into this Decree by

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this reference as if fully set forth herein.

P. Release means the definition of release 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 of hazardous substances including dangerous waste and

18 dangerous constituents into the environment. It also includes the abandonment

19 or discarding of barrels, 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 characterization performed in accordance with the requirements of Chapter

23 173-340 WAC and the RI/FS Scope of Work attached to [this Decree, or the

24 previous Decree or Order] which includes the requirements for a RCRA facility

25 investigation, undertaken in whole or in part to fulfill the corrective action

26 requirements of WAC 173-303-646.

CONSENT DECREE - 8 Date Printed: January 10, 1994 .
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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 of whether the location was intended for the

4 management of solid or dangerous waste. Such locations include any area at

5 the dangerous waste management facility at which solid wastes, including

6 spills, have been routinely and systematically released, and include regulated

7 units as defined by Chapter 173-303 WAC.

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9 V. STATEMENT OF FACTS

10 Ecology makes the following finding of facts without any express or

11 implied admissions by [PLP} .

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[State all necessary facts in paragraphs below. These'facts should be

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 ~ction. The facility should

be clearly identified. The status of the [PLP} as an owner, operator,

etc., should be stated as well. Because this facility is a hazardous waste

management facility, and the remedial action required by this Decree is

"corrective action," it is important to describe the facility's hazardous

waste management activities. The following types of factual information

should be included along with any other facts deemed necessary.]

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24 A. [PLP} is and has been the [owner} [operator} [owner and operator}

25 of the dangerous waste management facility since on or about [date}.

26 [If the facility became regulated because of more recent regulation changes

27 by EPA or in State Dangerous Waste Regulations, change·the date in the

28 following paragraph and explain when 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, 1994
units here.]

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

units here.]

management activities. In the notification, [PLP] identified itself as

__________ by EPA [or Ecology].

[If there is no Part A application, then tell the story of how the facility

became subject to RCRA permitting requirements, including corrective .

action. For example, if the facility became subject to corrective action

through operation of an illegal dangerous waste treatment unit, then

chronicle the discovery of the unit, the proof it was used to treat

dangerous waste, etc. An Order can be issued under Chapter 70.105 RCW

which requires the facility to submit a Part A application to make the (

facility clearly subject to permitting requirements, including corrective

action.] .

[If other 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 information here, even if the other contributing

parties are not named as parties to the Decree~ This information may

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 A of the RCRA

permit application. In the Part A Application, [PLP] identified itself as

identification number

managing the. following dangerous wastes at the [name of the dangerous waste

managing the following dangerous wastes at the [name of dangerous 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

of RCRA and implementing regulations thereunder, and including authorized

state regulations promulgated in Chapter 173-303 WAC.

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CONSENT DECREE - 10 Date Printed: January ~O, 1994
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(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.]

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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 may want to write some~hing like, "The facility

11 owner/operator has amended Part A of the dangerous waste permit application

12 _<__ times, and generally describe the changes. Currently, the facility

13 manages (fill in current capacity, wastes, and management unit) under

14 Interim status."]

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16 F. On [date], EPA [or Ecology] perfo~ed a RCRA Facility Assessment

17 (RFA) at the dangerous waste management facility. The purpose of an RFA is to

18 identify those areas at the dangerous waste management facility where releases

19 of' hazardous substances, as defLned in Section IV of this Decree, may have

20 occurred or may be occurri~g.

21 G. Pursuant to the RFA Report and other information, Ecology has

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22 identified the following Solid Waste Management Units (SWMUs) and Areas of

23 Concern (AOC) at the dangerous waste management facility: [list SWMUs and Aoe

24 here]

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26 '[Important I If you use other information, such as inspection reports,

27 letters, etc., to document SWMUs or AOC not listed in the RFA report, you

28 must have that information in the administrative record. You may also want

29 to summarize that information here in the findings of fact.]

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31 [In the following paragraphs summarize information on releases or potential

32 releases from the SWMUs and AOC identified in paragraph G; this should

33 include a summary of information (if there is any) on pertinent facility34 conducted and/or agency-conducted investigatory work.]

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[To the extent that releases or potential releases of certain constituents

have been identified, it's helpful to include some information on the

mobility and toxicity of the constituents and possible or documented routes

of exposure (e.g., nearby, downgradient, drinking water wells).]

[If the facility owner/operator has completed any previous cleanup or

interim measures, include descriptions of such work and its effectiveness

(if known) here.] .

H. Releases and/or potential releases of hazardous substances

including, but not limited to [list DW and dangerous constituents] from SWMUs

and AOC at the dangerous waste management facility are documented in the RFA

Report and by [summariz~ other documentation here, e.g., "and by sampling

conducted by the Department of Ecology on Hay 15, 1990 and August 14, 1990"].

I. Hazardous substances may have been and may continue to be released

from the dangerous waste management facility into the environment including

surface water drainage areas; groundwater beneath and beyond the dangerous

waste management facility; air; human work areas; and floral and faunal

habitats.

[If releases 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 . WORK TO BE PERFORMED

This Decree contains a program designed to protect public 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, 1994
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[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 of work, schedule, etc. A clear

schedule for the work to be performed must be included. If this 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.

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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 of work to

14 cover these actions. All work conducted under this decree shall be done in

15 accordance with Chapter 173-340 WAC and WAC 173-303-646 unless otherwise

16 provided herein.

17 C. Once approved, or modified and approved by Ecology, submittals are

18 incorporated by reference and enforceable parts of this Decree as if fully set

19 forth herein. o

D. [PLP] shall notify Ecology's project coordinator in writing of any

21 newly-identified SWMU(s) , newly-discovered releases from known SWMU(s) , and·

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22 newly-discovered areas of concern at the dangerous waste management facility

23 no later than ----- days

24 [Writer should fill in number of days, e.g., fifteen (15), but not longer

25 than ninety (90) days as provided in WAC 173-340-300(2).]

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

28 by Ecology's project coordinator. If required, the investigation (assessment)

29 and reporting shall be done in accordance with the attached RI/FS Scope of

30 Work.

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CONSENT DECREE - 13 Date Printed: January 10, 1994
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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 Ecology project coordinator will 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 performed pursuant to the terms and conditions of this Decree,

shall be directed through the project coordinators. The project coordinators

may designate, in writing, working level staff contacts for all or portions of

the implementation of the remedial work required by this Decree. The project

coordinators may agree to minor modifications to the work to be performed

without formal amendments to this Decree. Minor modifications will be

. documented in writing by Ecology.

Any party may change its respective project coordinator. Written

notification shall be given to the other parties at least ten (10) days prior

to the change if possible.

; CONSENT DECREE - 14 Date Printed: J~nuary 10, 1994
All work performed bY'the [name of owner/operator] pursuant to, this

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" Decree shall be under the d~rection and supervision, as necessary, of a

professional engineer or hyprogeologist, or equivalent, with experience and

5 expertise in hazardous waste facility investigation and cleanup. All

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construction work shall be under the supervision of a professional engineer.

7 [PLP] shall notify Ecology In writing as to the identity of such engineer(s)

8 or hydrogeologist(s), or others and of any contractors and subcontractors to

9 be used in carrying out the'~terms of this Decree, in advance of their .~~

10 involvement at the facility,~

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IX. ACCESS

Ecology or any Ecolo~ authorized representatives shall have the

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authority to enter and free~y move about all property at the facility at all .. "

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reasonable times for the p~tposes of, among other things: inspecting records, r-.

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16 operation logs,and contrac~s related to the work being performed pursuant to

17 this Decree; reviewing [PUJ's progress in carrying out the terms of this

18 Decree; conducting such te~ts or collecting such samples as Ecology may deem -,

19 necessary; using a camera, ~ound recording, or other documentary type .;9.

20 equipment to record work do~e pursuant to this Decree; and verifying 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 approved health and safety . .~

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plan.

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[If access to other owners~ properties is required to carry out the

f," requirements of this Decree, include a requirement that the owner/operator

must attempt to obtain su~.~ access in a timely fashion.]

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X. SAMPLING, DATA REPORTING, 'AND AVAILABILITY

With respect to the implementation of this Decree, [PLP] shall make the

results of- all sampling, laboratory reports, and/or test results generated by

it, or on its behalf available to Ecology and ~hall submit these results in

accordance with Section XI of this Decree.

In :accordance with WAC 173-340-840(5), environmental sampling data shall

be submitted according to Exhibit E: SITE DESCRIPTION AND SAMPLE DATA

SUBMITTAL REQUIREMENTS. These submittals shall be provided to Ecology in

accordance with Section XI of this Decree.

If !equested by Ecology, [PLP] shall aliow split or duplicate samples to

be taken ~y Ecology and/or its authorized representatives of any samples

collected~by [PLP] pursuant to the implementation of this Decree. [PLP] shall

notify E~ology seven (7) days in advance,of a~y sample collection or work

,".

activity ~t the facility. ,Ecology shall, upori request, allow split or .,-

duplicate::~samples to be taken by [PLP] or its-,authorized representatives of

any samples collected by Ecology pursuant to the implementation of this 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 may choose to change the Jrequency of progress reports

depending on site specific conditions, coop~iation of -[PLP] , etc.] ,.

".

[P~] shall submit to Ecology written m~nthly progress reports which

describe :~he actions taken during the previous-month to implement the

requirem~nts of this Decree. The progress report shall include the following:

CONSENT DECREE - 16 :;', Date Printed: January 10, 1994
1

2 month;

A. A list 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) received by the [PLP]

10 during the past month and an identification of the-source of the sample; and

11 F. A list of deliverables for the upcoming month if different from

12 -the schedule.

13 All progress reports shall be submitted by 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 submitted pursuant to this

16 Decree shall be sent by certified mail, return receipt requested, to Ecology's

17 project coordinator.

18

19 [The following optional section provides for stipulated penalties.]

20

21 XII. STIPULATED PENALTIES

22 A. For each day [PLP] fails to comply with any time schedules

23 contained within Section VI of this Consent Decree or any other time schedules

24 approved or modified in writing by 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
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noncompliance. Should a penalty be assessed under this Part, the penalty

shall accrue from the date on which the work was 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 of Ecology, Cashiering Section, PO Box 47600,

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 of schedule under

Section XVII of this Consent Decree, and if Ecology has 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 of written notification that

all requirements of the Decree have been satisfactorily completed, as provided.

in' Section XXVI, all records, reports, documents, and underlying data in its

possession relevant to the implementation of this Decree and shall insert in

contracts with project contractors and subcontractors a similar record

retention requirement. Upon request of Ecology, [PLP] shall make all nonarchived records available to Ecology and allow access for review. All

archived records shall be made available to Ecology within a reasonable period

of time.

XIV. TRANSFER OF INTEREST IN PROPERTY

Prior to any voluntary or involuntary conveyance or relinquishment of

title, easement, leasehold, or other interest in any portion of the facility,

CONSENT DECREE - 18 Date Printed: January 10, 1994
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[PLP] shall prpvide for continued operation and maintenance of any containment

system, treatment system, arid monitoring system installed or implemented

pursuant to this Decree.

Prior to transfer of any 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 of the 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 action by 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 within which to notify Ecology's project

coordinator of its 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 of Ecology's receipt of the written

objection, Ecology's project coordinator shall issue a written decision.

-(3) [PLP] may then request Ecology management review of the decision.

This request shall be submitted in writing to the Program Manager within seven

(7) days of receipt of Ecology's project coordinator's decision.

(4) Ecology's Program Manager shall conduct a review of the dispute

and shall issue a written decision regarding the dispute within thirty (30)

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

standard of review.

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

resolution process whenever it is used. Where either party utilizes the

in bad £aith or for purposes of delay, the other o. f

'~:t: " .

--;'t:

;.~.:

XVI. AMENDMENT OF CQNSENT DECREE

[PLP] shall submit any request for an amendment to Ecology for approval.

Implementation of these dispute resolution procedures shall not provide

B. If Ecology's final wriJ:ten decision is unacceptable to CPU] I

the request for amendment is received. If the amendment to the Decree is

.....

,-VI

This Decree may be amended 6~ly by a written stipulation among the

"

parties to this Decree that is encezed by the Court or by order of the Court.

a basis for delay of any activitie~s required in this Decree, unless Ecology ~.

party may seek sanctions.

Ecology shall indicate its approva~ or disapproval in a timely manner after

amend shall not be unreasonably w{thheld by any party to the Decree.

agrees in writing to a schedule extension or the Court so orders.

C. The parties agree to utilize the dispute resolution process only ;' j "-

in good faith and agree to expedit~, to the extent possible, the dispute

4,'

the action or decision of Ecology pn the basis of whether such action or

decision was arbitrary and capriciOus and render a decision based on such

event [PLP] presents an issue to the Court for review, the Court shall review

dispute resolution process

parties agree that one judge shoul~ retain jurisdiction over this case and

Such amendment shall become effec~lve upon entry by 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. !"

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CONSENT DECREE - 20 '.< Date Printed: January 10, 1994
2 Reasons for the disapproval shall be stated in writing. If E~ology does not

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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. ~"

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XVII. EXTENSION OF SCHEDULE

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 of the deadline for which the extension is reques~~d, unless

11 otherwise approved by Ecology, and good cause exists for gra~Fing the

o

shall

to',.

rh~; request

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All extensions shall be requested in writing.

"" .. ':".

An extension shall be granted only for such period of ~~me as Ecology

~'4f t

determines is reasonable under the circumstances. A requeste:~extension shall

extension.

13 specify the reason(s) the extension is needed.

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16 not be effective until approved by Ecology or the Court. Eco~ogy shall act .~~ .

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upon any written request for extension in a timely fashion.

necessary to formally amend this Decree pursuant to Section

schedule extension is granted.

shall not be

when a

B.

(1)

approving, or modifying documents submitted by [PLP); or

Good cause includes, but is not limited to, the following.

o

The burden shall be on the [PLP) to demonstrate t~ the ~.'

t,'

satisfaction of Ecology that the request for such extension ~is been submitted

;t,

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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 caused by unrelated thir~parties or

Ecology, such as (but not limited to) de~ays by Ecology in re:~iewing,

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CONSENT DECREE - 21

~~""

Date Printed: t'January' 10, 1994

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(2) Acts of God, including fire, flood, blizzard, extreme

temperatures, storm, or other unavoidable casualty; or

(3) Endangerment as described in Section XVIII.

However, neither increased costs of performance of the terms of the

Decree nor changed economic circumstances. shall be considered 'circumstances

beyond the reasonable control of [PLP].

C. Ecology may extend the schedule for a period not to exceed ninety

(90) days, except where an extension is needed as a result of:

(1) Delays in the issuance of a necessary permit which was applied for

in a timely manner; or

(2) Other circumstances deemed exceptional or extraordinary by

Ecology; or

(3) Endangerment as described in Section XVIII.

In any of the three s LruatLons described above, Ecology may extend the

schedule for a period Ecology determines is reasonable under the

circumstances. Extensions of more than 90 days may not be granted unless the

public is given an opportunity to comment on the proposed extension. Ecology

shall give [PLP] written notification in a timely fashion of any extensions

granted pursuant 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 or have the potential to create a threat to the health or welfare of

the people on the facility or in the surrounding area or to the environment,

Ecology may order (PLP] to stop further implementation of this Decree for such

period of time as needed to abate the threat or may petition the Court for an

CONSENT DECREE - 22 Date Printed: January ~O, 1994
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order as appropriate. During any stoppage of work under 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 Section XVII 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 of this 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 such period of

r.

12 time necessary for Ecology to evaluat~ the situation and determine whether

,:'(.

13 [PLP] should proceed with implementat~on of the Decree or whether the work ~;.

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stoppage should be continued until the: threat is abated. [PLP] shall notify

:.t

Ecology's project coordinator as soon.~s possible, but no later than twentyo .v

16 four (24) hours after such stoppage o(work, and thereafter provide Ecology

17 with documentation of the basis for the work stoppage. If Ecology disagrees

;';'

18 with the [PLP]'s determination, it may~ order [PLP] to resume implementation of

19 this Decree. If Ecology concurs with~the work stoppage, the [PLP]'s

20 obligations shall be suspended and th~:time period for performance of that

1:"

21 work, as well as the time period for any other work dependent upon the work

1

22 which was stopped,· shall be extended, ~pursuant to Section XVII of this Decree,

23 for such period of time as Ecology de~ermines is reasonable under the

24 circumstances. Any disagreements pursuant to the clause shall be resolved

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25 through the dispute resolution proceduFes in Section XV.

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CONSENT DECREE - 23 Date Printed: January 10, 1994
including 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

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XIX. OTHER ACTIONS

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 addressed by this Decree;

(3) Upon Ecology's determination that action beyond the terms of this

Decree is necessary to abate an emergency situation which threatens public

health or welfare or the environment; or

(4) Upon the occurrence or discovery of a situation beyond 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 Exhibit A and 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 of natural 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 action whatsoever,

to this Decree.

II

CONSENT DECREE - 24 Date Printed: January 10, 1994
2 [PLP] agrees to indemnify and save and hold the State of Washington, its

1 XX. INDEMNIFICATION o

3 employees, and agents harmless from any and all claims or causes of action 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 of Washington nor save nor hold its employees

8 and agents harmless from any claims or causes of action arising out of the

9 negligent acts or omissions of the State of Washington, or the employees or

10 agents of the State, in implementing the activities pursuant to this Decree.

11

15 including requirements to obtain necessary permits.

done in accordance with all applicable federal, state, and local requirements,

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16

A.

XXI. COMPLIANCE WITH APPLICABLE LAWS

All actions carried out by [PLP] pursuant to this Decree shall be

Because the facility which is the subject of this Consent Decree

o

17 is a hazardous waste treatment, storage, or disposal facility, many of the

18 requirements of Chapter 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 action under RCRA. The Department may determine that

22 other provisions of Chapter 70.105 RCY and Chapter 173-303 constitute

23 applicable requirements at the facility in the future.

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XXII. REMEDIAL AND INVESTIGATIVE COSTS

The [PLP] agrees to pay costs incur~ed by Ecology pursuant to this

Decree. These costs shall include work performed by Ecology or Ecology's o

CONSENT DECREE - 25 Date Printed: January 10, 1994
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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 of direct activities and support costs of

direct .activities as defined in WAC 173-340-550(2). The [PLP) agrees to pay

the required amount within thirty (30) days of receiving from Ecology an

itemized statement of costs that includes a summary of costs incurred, an

identification of involved staff, and the amount of time spent by involved

staff members on the project. A general statement of work performed will be

provided upon request. Itemized statements will be prepared quarterly.

Failure to pay Ecology's costs within thirty (30) days of receipt of the

itemized statement will result in interest charges at the rate of twelve (12)

percent per annum.

XXIII. IMPLEMENTATION OF REMEDIAL ACTION

If Ecology determines that [PLP) has failed without good cause to

implement the remedial action, Ecology may, after notice to [PLP) , perform any

or all portions of the remedial action that remain incomplete. If Ecology

performs all or portions of the remedial action because of the [PLP)'s failure

to comply with its obligations under this Decree, [PLP) shall reimburse

Ecology for the costs of doing such work in accordance with Section XXII,

provided that [PLP) is not obligated under this section to reimburse Ecology

for costs incurred for work inconsistent with or beyond the scope of this

Decree.

CONSENT DECREE - 26 Date Printed: January 10, 1994
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THE FOLLOVING SECTION MAY 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 ground water 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, if any, of further remedial action at the facility.

13 Ecology reserves the right to require further remedial action~~t the facility

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" 19 the facility. However, [PLP] shall cooperate with Ecology and, if agreed to

20 by Ecology, shall:

21 A. Prepare drafts of public notices and fact sheets ~t important

22 stages of the 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 if necessary) and d~stribute such

~i •

25 fact sheets and prepare and distribute public notices of Eco1o'gy's

26 presentations and meetings;

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CONSENT DECREE - 27 Date Printed: ::.January 10, 1994
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B. Notify Ecology's project coordinator prior to the preparation of

all press releases and fact sheets, and before major meetings with the

interested public and local governments. Likewise, Ecology shall notify

[PLP] prior to the issuance of all press releases and fact sheets, and before

major meetings with the interested public and local governments;

C. Participate in public presentations on the progress of the

remedial action at the facility. Participation may be through attendance at

public meetings to assist in answering questions, or as a presenter; and

D. In cooperation with Ecology, arrange and/or continue information

repositories to be located at:

1. Type in name and address of a location accessible to the public near

the site, such as a library,

**and**

2. Type in name and address of appropriate Ecology Regional Office.

At a minimum, copies of all public notices, fact sheets, and press

releases; all quality assured ground water, surface water, soil sediment, and

air monitoring data; remedial actions plans, supplemental remedial planning

documents, and all other similar documents relating to performance of the

remedial action required by this Decree shall be promptly placed in these

repositories.

[If you wish to have one or more additional copies submitted to the site )

coordinator of any documents for, working files, AAG review, etc., specify

those here.]

CONSENT DECREE - 28 'Date Printed: January 10, 1994
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XXVI. DURATION OF DECREE

This Decree shall remain in effect and the remedial program described in

the Decree shall be maintained and continued until 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 required by 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 other potentially

liable person.

XXVIII. EFFECTIVE DATE

This Decree is effective upon the date it is entered by the Court.

XXIX. PUBLIC NOTICE AND WITHDRAWAL OF 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, Ecology has found that this

Decree will lead to a more expeditious cleanup of hazardous substances at the

facility.

If the-Court withholds or withdraws its consent to this Decree, it shall

be null and void at the option of any party and the accompanying Complaint

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CONSENT DECREE - 29 Date Printed: January 10, 1994
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shall be dismissed without costs and without prejudice. In such an event, no

party shall be bound by the requirements of this Decree.

XXX. FINANCIAL ASSURANCE

[PLP] shall establish and maintain financial assurance through the

establishment and funding of a trust fund or by a financial test in the amount

necessary to implement the Cleanup Action Plan (CAP) as provided in WAC 173-

340-440(6). [PLP] shall provide Ecology's Project Coordinator documentation

of this financial assurance within sixty (60) days of Ecology's issuance of

the" final CAP. [PLP] shall adjust the financial assurance coverage for

changes in cost estimates and/or for inflation within thirty (30) days after

"each anniversary of the date the preceding costs were first prepared and shall

provide Ecology's project coordinator documentation of the updated financial

assurance.

[PLP] shall notify Ecology's Project Coordinator by certified mail of

the commencement of a voluntary or involuntary bankruptcy proceeding under

Title II, United States Code, naming the [PLP] within ten (10) days after

commencement of the proceeding. In the event of bankruptcy of the trustee, or

a suspension or revocation of the authority of the trustee institution to act

as a trustee, the [PLP] must establish financial assurance (trust fund) with

another authorized trustee institution within sixty (60) days after such an

event.

CONSENT DECREE - 30 Date Printed: January 10, 1994
Date

day of ---.,.

o

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[PLP]

County Superior Court

199

Attorney for __~~~ __

[ 1 Date

Assistant Attorney General

JUDGE

,.

<

DATED this ---

Date

For [PLP]

THOMAS EATON Date

Program Manager

Hazardous Waste and

Toxics Reduction Program

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CONSENT DECREE ;.\ 31

!

Date Printed: January 10,. 1994

-
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EO-0/0/93 STATE OF WASHINGTON

DEPARTMENT OF ECOLOGY c

In the Matter of Remedial Action by:

[Address]

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ENFORCEMENT ORDER

No. DE _

Replace [PLP(s)] with name(s) of owner/operator; Orders will be jointly

issued to both parties if owner and operator of RCRA 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

WORK TO BE PERFORMED

TERMS AND CONDITIONS OF ORDER

SATISFACTION OF THIS ORDER

ENFORCEMENT .

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Writer should list the attachments used below.

ATTACHMENTS

[Number 1:

[Number 2:

[Number 3:

[Number 4:

[Number 5:

Facility Diagram]

RI/FS Scope of Work and Schedule]

Public Participation Plan]

Facility Description and Sample Data Submittal Requirements]

Guidelines and Specifications for Preparing Quality Assurance

Project Plans, Kay 1991, Department of Ecoiogy]

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ENFORCEMENT ORDER - 1 Date Printed: January 10, 1994
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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 of Concern (AOC) means any area of the dangerous waste

management facility where a release of hazardous 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 issued by Ecology

under WAC 173-340-360 which selects facility specific corrective

measures and specifies cleanup standards (cleanup levels, points

of compliance and other requirements for the corrective measures).

3. Cleanup Standards means the standards promulgated under RCW

70.l05D.030(2)(d) and include (1) hazardous substance

concentrations (cleanup levels) that protect human health and the

environment, (2) the location at the facility where those cleanup

levels must be attained (points of compliance), and (3) additional

regulatory requirements that apply to a cleanup because of the

type of action and/or the location of the facility.

4. Corrective Action means any activities including investigations,

studies, characterizations and corrective measures, including

ENFORCEMENT ORDER - ·2 Date Printed: January 10, 1994
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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 approved by 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

YAC, including YAC 173-340-360. Corrective measures may include

interim actions as defined by 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 of Chapter 173-303 YAC, and any constituent defined as

a hazardous substance at RCY 70.1050.020(5).

Dangerous Yaste means any solid waste designated in YAC 173-303-

070 through 173-303-100 as dangerous or extremely hazardous or

mixed waste. Dangerous wastes are considered hazardous substances

under RCY 70.1050.020(5).

Dangerous Yaste Constituent means any constituent listed in WAC

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 considered hazardous substances under RCY

70.1050.020(5).

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ENFORCEMENT ORDER - 3 Date Printed: January 10, 1994
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Dangerous Waste Management Facility (DWMF) means the [name of

DWMF] dangerous management facility and all property contiguous to

this DWMF also controlled by [PLP].

Enforcement Order or Order means this Order issued under WAC 173-

340-540. The term includes the text of this 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 Order by this

reference and are enforceable parts of this Order as if fully set

forth herein.

Facility means the [name] Dangerous Waste Management Facility

(DWMF) controlled by [PLP] located at [location], all property

contiguous to this DWMF also controiled by [PLP], and all

property, regardless of control, affected or potentially affected

by releases of hazardous 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 of WAC 173-340-350 and the

RI/FS Scope of Work attached to this Order, which includes the

requirements for a RCRA Corrective Measures Study, and undertaken

in whole or in part to fulfill the corrective action requirements

of WAC 173-303-646.

Permit or Permitting Requirement, unless otherwise specified,

means the requirements of Chapter 173-303 WAC for applying for,

ENFORCEMENT ORDER - 4 Date Printed: January 10, 1994
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obtaining, maintaining, modifying, and terminating dangerous waste

management facility permits.

RCRA Facility Assessment (RFA) means the [EPA or Ecology]

conducted investigation of releases and potential release at the

dangerous waste management facility and the information contained

in the report entitled [name of RFA Report and Date here], ("RFA

Report"). The RFA Report is incorporated into this Order by this

reference as if fully 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 of hazardous 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 characterization performed in accordance with the requirements

of Chapter 173-340 WAC and the RI/FS Scope of Work attached to

this Order, which includes the requirements for a RCRA facility

investigation, undertaken in whole or in part to fulfill the

corrective action requirements of WAC 173-303-646.

Solid Waste Management Unit (SWMU) means any discernible location

at the dangerous waste management facility where solid wastes have

been placed at any time, irrespective of whether the location was

intended for the management of solid or dangerous waste. Such

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ENFORCEMENT ORDER - 5 Date Printed: January 10, 1994
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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 approved by 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 facility

investigation and/or RCRA Corrective Measures Study], of WAC 173-303-646.

2. After completion and approval of the remedial investigation and

feasibility study, [PLP] may'be required to draft the Cleanup Action Plan

(CAP). The plan will satisfy the requirements of Chapter 173-340-400. The

purpose of the CAP shall, in part, be to concurrently satisfy the corrective

action requirements of WAC 173-303-646.

3. After public review and comment, the Cleanup Action Plan will 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

Ecology makes the following Findings of Fact.

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ENFORCEMENT ORDER - 6 Date Printed: January 10, 1994
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State all necessary facts in numbered paragraphs. These facts should be

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 PLP as an owner, operator, etc.,

should be stated as well. Because this facility is a dangerous waste

management facility, and the remedial action required by this Order is

"corrective action," it is important to describe the facility's dangerous

waste management activities. The following types of factual information

should be included along with any other facts deemed necessary.]

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12 1. [PLP] is and has been the [owner] [operator] [owner and operator]

13 of the dangerous waste management facility since on or about [date].

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15 [If the facility became regulated because of more recent regulation changes

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

17 following paragraph and explain when the facility became regulated as a

18 TSD.]

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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 of RCRA 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 itself as

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 identification number

ENFORCEMENT ORDER - 7

__________ by EPA [or Ecology].

Date Printed: January 10, 1994

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1 5. On [date]. [PLP] submitted to Ecology [or EPA] Part A of the RCRA

2 permit application. In the Part A Application. [PLP] identified itself as

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.]

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7 [If t4ere is no Part A application, then tell the story of how the facility

8 became subject to RCRA permitting requirements, including corrective

9 action. For example, if the facility became subject to corrective action

10 through operation of an illegal dangerous waste treatment unit, then

11 chronicle the discovery of the unit. the proof it was used to treat

12 dangerous waste, etc. An Order can be issued under Chapter 70.105 RCW

13 which requires the facility to submit a Part A application to make the

14 facility clearly subject to permitting requirements, including corrective

15 action. ]

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[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.]

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24 [If the facility revised or updated its Part A, include information on the

25 revisions and updates here. If the facility has undergone many Part A

26 revisions/updates, you may want to write something like, "The dangerous

27 waste management facility owner/operator has amended Part A of the

28 dangerous waste permit application times, and generally describe the

29 changes. Currently, the dangerous waste management facility manages (fill

30 in current capacity, wastes, and management unit) under interim status."]

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32 6. On [date]. EPA [or Ecology] performed a RCRA Facility Assessment

33 (RFA) at the dangerous waste management facility. The purpose of an RFA is to

34 identify those areas at the dangerous waste management facility where releases

35 of hazardous substances, as defined in Section II of this Order, may have

36 occurred or may be occurring.

ENFORCEMENT ORDER - 8 Date Printed: January 10, 1994
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7. Pursuant to the RFA Report 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 If you 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.]

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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.]

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15 [To the extent that releases or potential releases of certain 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).]

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[If the facility owner/operator has completed any previous cleanup or

interim measures, include descriptions of such work and its effectiveness

(if known) here.]

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24 8. Releases and/or potential releases of hazardous 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 and by [summarize other documentation here. e.g., "and by sampling

28 conducted by the Department of Ecology 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 and beyond the dangerous

32 waste management facili,ty; air; human work areas; and floral and faunal

33 habitats.

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ENFORCEMENT ORDER - 9 Date Printed: January 10, 1994
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3. Certain waste and constituents found at the facility are dangerous ~,

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[If releases 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 action jurisdiction and

applicable definitions. 1

1. [PLP] is a person within the meaning of ROW 70.1050.020(7).

2. [PLP] is the [owner] [operator] [owner and operator] of a

dangerous waste management facility that has operated. is operating. or should

have been operating under interim status subject to Section 3005(e) of RCRA

and regulations promulgated thereunder. including authorized state regulations

in Chapter 173-303 WAC.

wastes and/or dangerous constituents as defined by ROW 70.1050.010(5) and

Chapter 173-303 WAC.

4. These dangerous wastes and dangerous constituents are considered

hazardous substances within the meaning of ROW 70.1050.020.

5. Based on the Findings of Fact and the administrative record.

Ecology has determined that releases and/or potential releases of hazardous

substances at and/or from the facility present a threat [or potential threat,

if no documented releases] to human health and the environment.

[6. TWO OPTIONS]

6. By letter 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]

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ENFORCEMENT ORDER - 10 Date Printed: January 10. 1994
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6. By a letter of [date], [PLP] voluntarily waived its rights to

notice. and comment and accepted Ecology's determination that [PLP] is a

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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 may require potentially liable persons to investigate or conduct other

6 remedial actions with respect to the release or threatened release of

7 hazardous substances, whenever it believes such action to be in the public

8 interest.

9 8. The actions, including investigations, required by this Order are

10 in the public interest.

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

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II 9. [If an emergency order, so state.]

VI . WORK TO BE PERFORMED

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16 that [PLP] take the following remedial actions and that these actions be

17 conducted in accordance with Chapter 173-340 WAC and applicable provisions of

18 Chapter 173-303 WAC, unless otherwise specifically provided for herein.

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20 [1. Describe work/investigation/remedial action to be performed.

21 Be as specific as possible so it is clear what is being required and if the

22 requirements are not fulfilled, non-compliance can be readily demonstrated.

23 May incorporate attachments here, e.g., scope of work, schedule, etc.]

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25 [2. Set forth schedule for performance and/or deliverab1es,

26 including Ecology approval of all work plans.]

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[3. Include provisions for progress reports, sampling reporting,

QA/QC, etc.].

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ENFORCEMENT ORDER - 11 Date Printed: January 10, 1994
forth herein.

Work.

1. Public Notices:

VII . TERMS AND CONDITIONS OF ORDER

days

4. In accordance with WAC 173-340-840(5), environmental sampling data

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

ROW 70.l050.030(2)(a) requires that, at a minimum, this Order be

[Writer should fill in number of days, e.g., fifteen (15), but not longer

than ninety (90) days as provided in WAC 173-340-300(2).]

[These submittals shall be provided to Ecology as required under the

schedule established in provision 2, above.]

6. [PLP] shall notify Ecology's project coordinator in writing of any

incorporated by reference and enforceable parts of this Order as if fully set

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

)

by Ecology's project coordinator. If required, the investigation (assessment)

no later than -----

providing such public notice and reserves the right to modify or withdraw any

newly-discovered areas of concern 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 attached RI/FS Scope of

provisions of this Order should public comment disclose facts or

subject to concurrent public notice. Ecology shall be responsible for

DATA SUBMITTAL REQUIREMENTS.

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

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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 performed by Ecology or Ecology's contractors for investigations,

remedial actions, and Order preparation, oversight and administration.

Ecology costs shall include costs of direct activities and support costs of

direct activities as defined in WAC 173-340-550(2). [PLP] shall pay the

required amount within ninety (90) days of receiving from Ecology an itemized

statement of costs that includes a summary of costs incurred, an

identification of involved staff, and the amount of time spent by involved

staff members on the project. A general description of work performed will be

provided upon request. Itemized statements shall be prepared quarterly.

Failure to pay Ecology's costs within ninety (90) days of receipt of the

itemized statement of costs will result in interest charges>

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 in WAC 173-340-440(6).

[PLP] shall provide Ecology's Project Coordinator documentation of this

financial assurance within sixty (60) days of Ecology's issuan~e of the final

CAP. [PLP] shall adjust the financial assurance coverage for changes in cost

estimates and/or for inflation within thirty (30) days after each anniversary

of the date the preceding costs were first prepared and shall provide

Ecology's project coordinator documentation of the updated financial

assurance.

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

Address:

Name:

FAX:

days of the effective date of this Order.

terms and conditions of this Order, shall be directed through the project

Telephone:

implementation of this 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 of days, e.g., fifteen (15).]

[PLP] shall notify Ecology's Project Coordinator by certified mail 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 A Application] as [PLP]'s project coordinator.

Coordinator within -----

If a project coordinator is not designated, Ecology will treat [name of person

hisfher name, address, and telephone number is to be provided to Ecology's

Ecology is:

another authorized trustee institution within 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 of bankruptcy of the trustee, or

Title 11, United States Code, naming the [PLP] , within ten (10) days after

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ENFORCEMENT ORDER - 14 Date Printed: January 10, 1994
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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 if possible.

4 5. Performance: All work performed by [PLP] pursuant to this Order

5 shall be under the direction and supervision, as necessary, of a professional

6 engineer or hydrogeologist, or similar expert, with appropriate training,

7 experience and expertise in hazardous waste facility investigation and

8 cleanup. [PLP] shall notify Ecology as to the identity of such engineer(s) or

9 hydrogeologist(s), and of any 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 of this Order to all agents, contractors

12 and subcontractors retained to perform work required by this Order and shall

13 ensure that all work undertaken by 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 required by this

17 Order unless Ecology concurs, in writing, with such additional remedial

18 .actions.

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20 [The following provision is to be used when ordering cleanup actions.]

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22 WAC l73-340-400(7)(b)(i) requires that "construction" performed on the

23 facility must be under the supervision of a professional engineer registered

24 in Washington.

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, among other things, inspecting records,

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ENFORCEMENT ORDER - 15 Date Printed: January 10, 1994
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operation logs, and contracts related 'to the work being 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 deem necessary; 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 inspection unless doing so interferes with Ecology's sampling.

[PLP] shall allow split or replicate samples to be taken by Ecology and shall

provide seven (7) days notice before any sampling activity.

[If access to other owners' properties is required to carry out the

requirements of this Order, include a requirement that the PLP must attempt

to obtain such access in a timely fashion.]

7. Public Participation: [PLP] shall prepare and/or update a public

participation plan 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 implement public participation for the

facility.

[If the writer wishes to be more specific in public participation

requirements, see the model Consent Decree for suggested language.]

8. Retention of Records: [PLP] shall preserve in a readily

retrievable fashion, during the pendency of this Order and for ten (10) years

from the date of issuance by Ecology of written notification that all

requirements of this Order have been satisfactorily completed, all records,

ENFORCEMENT ORDER - 16 Date Printed: January 10, 1994
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reports, documents, and underlying data in its possession relevant to this

Order. Should any portion of the work performed hereunder 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 in writing and directed to the signatory, or hisjher successor(s), to this

9 Order. Ecology resolution of the dispute shall be binding and final. [PLP]

10 is not relieved of any requirement of this Order during the pendency of the

11 dispute and remains responsible for timely compliance with the terms of the

12 Order unless otherwise provided by Ecology in writing.

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[If the writer wishes to utilize a more formal dispute resolution process,

see the model Consent Decree for suggested language.] o

16 10. Reservation of Rights: Ecology reserves all rights to issue

17 additional orders to take any action authorized by law in the event or upon I

18 the discovery of a release or threatened release.of hazardous substances not

19 addressed by this Order, upon discovery of any factors not known at the time

20 of issuance of this 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 of natural resources resulting from the releases or threatened

24 releases of hazardous substances from [Facility Name].

25 In the event Ecology determines that conditions at the facility are

26 creating or have the potential to create a threat to the health or welfare of

27 the people on the facility or in the surrounding area or to the environment,

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ENFORCEMENT ORDER - 17 Date Printed: January 10, 1994
1

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Ecology may order [PLP] to stop further implementation of this Order for such

period of time as needed to abate the threat.

3 11. Transference of Property: Prior to any voluntary or involuntary

4 conveyance or relinquishment of title, easement, leasehold, or other interest

5 in any portion of the facility, [PLP] shall provide for continued

6 implementation of all requirements of this Order and implementation of any

7 remedial actions found to be necessary as a result of this Order.

8 Prior to transfer of any legal or equitable interest

9 [PLP] may have in the facility or any portions thereof, [PLP] shall serve a

10 copy of this Order upon any prospective purchaser, lessee, transferee,

11 assignee, or other successor in'such interest. At least thirty (30) days

12 prior to finalization of any transfer, [PLP] shall notify Ecology of the

13 contemplated transfer.

12. Compliance with Other Applicable Laws: All actions carried out by

[PLP] pursuant to this Order shall be done in accordance with all applicable

."

16 federal, state, and local requirements. Some requirements herein are based on

17 the applicable requirements of Chapter 70.105 ROW and Chapter 173-303 WAC.

18

19 VIII. SATISFACTION OF THIS ORDER

20 The provisions of this Order shall be deemed satisfied upon [PLP]'s

21 receipt of written notification from Ecology that [PLP] has completed the

22 corrective actions required by this Order, as amended by any modifications,

23 and that all other provisions of this Order have been complied with.

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ENFORCEMENT ORDER - 18 Date Printed: January 10, 1994
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IX. ENFORCEMENT

1. Pursuant to RCW 70.1050.050, this Order may be enforced as

follows:

A. The Attorney General may bring 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 spent by 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 of any costs incurred by the

state of Washington as a result of its refusal to comply;

and

(2) civil penalties of up 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 may be reviewed only as provided under

RCW 70.1050.060.

Effective date of this Order:-------------

STATE OF WASHINGTON

DEPARTMENT OF ECOLOGY

By _

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ENFORCEMENT ORDER· - 19 Date Printed: January 10, 1994
AGREED ORDER MODEL

This model was created using several WordPerfect 5.1 features: Comment Boxes,

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Yes.

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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.

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occurrence of bracketed 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 of bracketed text.

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Please contact Sue Smith (Text Processing Center) at 407-6591 if you have any

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AO-O/O/93 STATE OF WASHINGTON

DEPARTMENT OF ECOLOGY o

In the Matter of Remedial Action by:

[Address]

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AGREED ORDER

No. DE _

Replace [PLP(s)] with name(s) of owner/operator; Orders will be jointly

issued to both parties if owner and operator of RCRA 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

ECOLOGY DETERMINATIONS

WORK TO BE PERFORMED

TERMS AND CONDITIONS OF ORDER

STIPULATED PENALTIES . . .

SATISFACTION OF THIS ORDER

ENFORCEMENT . . . .

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Writer should list the attachments used below.

ATTACHMENTS

[Number 1:

[Number 2:

[Number 3:

[Number 4:

[Number 5:

Facility Diagram]

RI/FS Scope of Work and Schedule]

Public Participation Plan]

Facility Description and Sample Data Submittal Requirements]

Guidelines and Specifications for Preparing Quality Assurance

Project Plans, May 1991, Department of Ecology]

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AGREED ORDER - 1 Date Printed: January 10, 1994
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I. JURISDICTION

This Agreed Order ("Order") is issued pursuant to the authority of RCW

70.l05D.050(l).

I I . DEFINITIONS

Unless otherwise specified, the definitions set forth in Chapter 70.l05D

RCW and Chapter 173-340 WAC shall control the meanings of the terms used in (

this Order.

Additional definitions are as follows:

1. Agreed Order or Order means this Order issued under 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. Order Attachments and Ecology-approved submittals

are incorporated into this Order by this reference and are

enforceable parts of this Order as if fully set forth herein.

2. Area of Concern (AOC) means any area of the dangerous waste

management facility where a release of hazardous 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 issued by Ecology

under WAC 173-340-360 which selects facility specific corrective

measures and specifies cleanup standards (cleanup levels, points

of compliance and other requirements for the corrective measures).

4. Cleanup Standards means the standards promulgated under RCW

70.l0SD.030(2)(d) and include (1) hazardous substance

concentrations (cleanup levels) that protect human health and the

AGREED ORDER - 2 Date Printed: January 10, 1994
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environment, (2) the location at the facility where those cleanup

levels must be attained (points of compliance), and (3) additional

regulatory requirements that apply to a cleanup because of the

type of action 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 ROW and Chapter 173-340

WAC, undertaken in whole or in part 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 approved by 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, including WAC 173-340-360. Corrective measures may include

interim actions as defined by Chapter 173-340 WAC. Interim

actions will not necessarily be set forth in a facility specific

CAP.

Dangerous Constituent means any constituent identified in WAC 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 of Chapter 173-303 WAC, and any constituent defined as

a hazardous substance at RCW 70.l05D.020(5).

Dangerous Waste means any solid waste designated in WAC 173-303-

070 through 173-303-100 as dangerous or extremely hazardous or

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AGREED ORDER - 3 '\ Date Printed: January 10, 1994
1 mixed waste. Dangerous wastes are considered hazardous substances

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under RCW 70.1050.020(5).

Dangerous Waste Constituent means any constituent listed in WAC

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 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

controlled by [PLP].

Facility means the [name] Dangerous Waste Management Facility

(DWMF) controlled by [PLP] located at [location], all property

contiguous to this DWMF also controlled by [PLP] , and all

property, regardless of control, affected or potentially affected

by releases of hazardous 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 of WAC 173-340-350 and the

RI/FS Scope of Work attached to this Order, which includes the

requirements for a RCRA Corrective Measures Study, and undertaken

in whole or in part to fulfill the corrective action requirements

of WAC 173-303-646.

Permit or Permitting Reguirement, unless otherwise specified,

means the requirements of Chapter 173-303 WAC for applying for,

AGREED ORDER - 4 Date Printed: January 10, 1994
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obtaining, maintaining, modifying, and terminating dangerous waste

management facility permits.

RCRA Facility Assessment (RFA) means the [EPA or Ecology]

\

conducted investigation of releases and potential release at the

dangerous waste management facility and the information contained

in the report entitled [name of RFA Report and Date here], ("RFA

Report"). The RFA Report is incorporated into this Order by this

reference as if fully set forth herein.

Release means the definition of release 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 of hazardous 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 characterization performed in accordance with the requirements

of Chapter 173-340 WAC and the RI/FS Scope of Work attached to

this Order, which includes the requirements for a RCRA facility

investigation, undertaken in whole or in part to fulfill the

corrective action requirements of WAC 173-303-646.

Solid Waste Management Unit (SWMU) means any discernible location

at the dangerous waste management facility where solid wastes have

been placed at any time, irrespective of whether the location was

intended for the management of solid or dangerous waste. Such

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AGREED ORDER - 5 Date Printed: January 10, 1994
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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 approved by 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], of WAC 173-303-646.

2. After completion and approval of the remedial investigation and

feasibility study, [PLP] may be required to draft the Cleanup Action Plan

(CAP) to satisfy the requirements of Chapter 173-340-400 to concurrently

satisfy the corrective action requirements of WAC 173-303-646. The purpose of

the CAP shall, in part, be to concurrently satisfy the corrective action

requirements of WAC 173-303-646.

3. After public review and comment, the Cleanup Action Plan will 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 of Fact.

AGREED ORDER - 6 Date Printed: January 10, 1994
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[State all necessary facts in numbered paragraphs. These facts should be

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 PLP as an owner, operator, etc.,

should be stated as well. Because this facility is a dangerous waste

management facility, and the remedial action required by this Order is

"corrective action," it is important to describe the facility's dangerous

waste management activities. The following types of factual information

should be included along with ~ny other facts deemed necessary. 1

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12 1. [PLP) is and has been the [owner) [operator) [owner and operator)

13 of the dangerous waste management facility since on or about [date).

14 [If the facility became regulated because of more recent regulation changes

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

16 following paragraph and explain when 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

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

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22 permitting requirements, including interim status requirements pursuant to

23 Section 3005 of RCRA and implementing regulations thereunder, and including

24 authorized state regulations promulgated in Chapter 173-303 WAC.

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28 3. On [date], [PLP] notified Ecology [or EPA) of its dangerous waste

29 management activities. In the notification, [PLP) identified itself as

30 managing the following dangerous wastes at the [name of dangerous waste

31 management facility): [Fill in the wastes, the capacity, and the management

32 units here.]

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AGREED ORDER - 7 Date Printed: January 10, 1994
identification number

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4.

5.

Pursuant to the [date] notification, [PLP] was issued

__________ by EPA [or Ecology].

On [date], [PLP] submitted to Ecology [or EPA] Part A of the RCRA

4 permit application. In the Part A Application, [PLP] identified itself as

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.]

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[If there is no Part A application, then tell the story of how the facility

became subject to RCRA permitting requirements, including corrective

action. For example, if the facility became subject to corrective action

through operation of an illegal dangerous waste treatment unit, then

chronicle the discovery of the unit, the proof it was used to treat

dangerous waste, e~c. An Order can be issued under Chapter 70.105 RCW

which requires the facility to submit a Part A application to make the

facility clearly subject to permitting requirements, including corrective

action. ]

[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.]

[If the facility revised or updated its Part A, include information on the

revisions and updates here. If the facility has undergone many Part A

revisions/updates, you may want to write something like, "The dangerous

waste management facility owner/operator has amended Part A of the

dangerous waste permit application times, and generally describe the

changes. Currently, the dangerous waste management facility manages (fill

in current capacity~ wastes, and management unit) under interim status.~]

34 6. On [date], EPA [or Ecology] performed a RCRA Facility Assessment

35 (RFA) at the dangerous waste management facility. The purpose of an RFA is to

36 identify those areas at the dangerous waste management facility where releases

AGREED ORDER - 8 Date Printed: January 10, 1994
1

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of hazardous substances, as defined in Section II of this Order, may have

occurred or may be occurring. o

3 7. Pursuant to the RFA Report and other information, Ecology has

4 identified the following Solid Waste Management Units (SWMUs) and Areas of

5 Concern (AGC) at the dangerous waste management facility: [list SWMUs and AGe

6 here]

7

8 [Important I If you use other information, such as inspection reports,

9 letters, etc., to document SWMUs or Aoe not listed in the RFA report, you

10 must have that information in the administrative record. You may also want

11 to summarize that information here in the findings of fact.]

12

13 [In the following paragraphs summarize information on releases or potential

14 releases from the SWMUs and Aoe identified in paragraph 8; this should

15 include a summary of information (if there is any) on pertinent faci1ity16 conducted and/or agency-conducted investigatory work.]

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[To the extent that releases or potential releases of certain constituents

have been identified, it's helpful to include some information on the

mobility and toxicity of the constituents and possible or documented routes

of exposure (e.g., nearby, downgradient, drinking water wells).]

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23 [If the facility owner/operator has completed any previous cleanup or

24 interim measures, include descriptions of such work and its effectiveness

25 (if known) here.]

26

27 8. Releases and/or potential releases of hazardous substances

28 including, but not limited to [list DW and dangerous constituents] from SWMUs

29 and AGe at the dangerous waste management facility are documented in the RFA

30 Report and by [summarize other documentation here, e.g., "and by sampling

31 conducted by the Department of Ecology on Hay 15, 1990 and August 14, 1990"].

32 9. Hazardous substances may have been and may continue to be released

33 from the dangerous waste management facility into the environment including

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AGREED ORDER - 9 Date Printed: January 10, 1994
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surface water drainage areas; groundwater beneath and beyond the dangerous

waste management facility; air; human work areas; and floral and faunal

habitats.

[If releases 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 action jurisdiction and

applicable definitions.]

1. [PLP] is a person within the meaning of,RCW 70.1050.020(7).

2. [PLP] is the [owner] [operator] [owner and operator] of a

dangerous waste management facility that has operated, is operating, or should

have been operating under 'interim status subject to Section 3005(e) of RCRA

and regulations promulgated thereunder, including authorized state regulations

in Chapter 173-303 WAC.

3. Certain waste and constituents found at the facility are dangerous

wastes and/or dangerous constituents as defined by RCW 70.1050.010(5) and

Chapter 173-303 WAC, and shown in Section II of this Order.

4. These dangerous wastes and dangerous constituents are considered

hazardous substances within the meaning of RCW 70.1050.020.

5. Based on the Findings of Fact and the administrative record,

Ecolo~y has determined that releases and potential releases of 'hazardous

substances at and/or from the facility present a threat [or potential threat,

if no documented releases] to human health and the environment.

AGREED ORDER - 10 Date Printed: January 10, 1994
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[6.

6.

TIlO OPTIONS]

By letter dated [date], Ecology notified [PLP] of its status as a

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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 determination that [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 may require potentially liable persons to investigate or conduct other

10 remedial actions with respect to the release or threatened release of

11 hazardous substances, whenever it believes such action to be in the public

12 interest.

in the public interest.

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9.

The actions, including investigations, required by this Order are

[If an emergency order, so state.]

.VI . WORK TO BE PERFORMED

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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 173-340 WAC and applicable provisions of

22 Chapter 173-303 WAC, unless otherwise specifically provided for herein.

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[1. Describe work/investigation/remedial action to be performed.

Be as specific as possible so' it is clear what is being required and if the

requirements are not fulfilled, non-compliance can be readily demonstrated.

May incorporate attachments here, e.g., scope of work, schedule, etc.]

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AGREED ORDER - 11 Date Printed: January 10, 1994
forth herein.

DATA SUBMITTAL REQUIREMENTS.

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

4. In accordance with WAC 173-340-840(5), environmental sampling data

days

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

[Writer should fill in number of days, e.g., fifteen (15), but not longer

than ninety (90) days as provided in WAC 173-340-300(2).]

[3. Include provisions for progress reports, sampling reporting,

QA/QC, etc.].

6. [PLP] shall notify Ecology's project coordinator in writing of any

[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.

incorporated by reference and enforceable parts of this Order as if fully set

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

newly-discovered areas of concern at the dangerous waste management facility

by Ecology's project coordinator. If required, 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

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AGREED ORDER - 12 Date Printed: January 10, 1994
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VII. TERMS AND CONDITIONS OF ORDER

Public Notices: [Two Options]

[OPTION 1] ROW 70.l05D.030(2)(a) requires that, at a minimum, this

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4 Order be 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 of this Order should public 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 period before this agreed order on a· state RI/FS becomes effective. Ecology

11 shall be responsible for providing such public notice and reserves the right

12 to modify or withdraw any provisions of this Order should public comment

13 disclose facts or considerations which indicate to Ecology that the Order is

14 inadequate or improper in any respect.

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

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16 incurred by Ecology pursuant to this Order. These costs shall include work

17 performed by Ecology or Ecology's contractors for investigations, remedial

18 actions, and Order preparation, negotiations, oversight and administration.

19 Ecology costs shall include costs of direct activities and support costs of

20 direct activities as defined in WAC 173-340-550(2). [PLP] agrees to pay the

21 required amount within thirty (30) days of receiving from Ecology an itemized

22 statement of costs that includes a summary of costs incurred, an

23 identification of involved staff, and the amount of time spent by involved

24 staff members on the project. A general description of work performed will be

25 provided upon request. Itemized statements will be prepared quarterly.

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Failure to pay Ecology's costs within thirty (30) days of receipt of the

itemized statement of costs will result in interest charges.

[Writer must include the following financial assurance requirements if this

Agreed Order requires implementation of the 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 in WAC 173-340-440(6).

[PLP] shall provide Ecology's Project Coordinator documentation of this

financial assurance within sixty (60) days of Ecology's issuance of the final

CAP. [PLP) shall adjust the financial assurance coverage for changes in cost

estimates and/or for inflation within thirty (30) days after each anniversary

of the date the preceding costs were first prepared and shall provide

Ecology's project coordinator documentation of the updated financial

assurance.

[PLP] shall notify Ecology's Project Coordinator by certified mail of

the commencement of a voluntary or involuntary bankruptcy proceeding under

Title 11, United States Code, naming the [PLP], within ten (10) days after

commencement of the proceeding. In the event of bankruptcy of the trustee, or

a suspension or revocation of the authority of the trustee institution to act

as a trustee. the [PLP] must establish financial assurance (trust fu~d) with

another authorized trustee institution within sixty (60) days after such an

event.

AGREED ORDER - 14 Date Printed: January 10, 1994
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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 performed pursuant to the

terms and conditions of this Order, shall be directed through the project

coordinator(s). Should Ecology or [PLPJ change project coordinator(s),

written notification shall be provided to Ecology or [PLPJ at least ten (10)

calendar days prior to the change if possible.

5. Performance: All work performed by [PLPJ pursuant to this Order

shall be under the direction and supervision, as necessary, of a professional

engineer or hydrogeologist, or similar expert, with appropriate training,

experience and expertise in hazardous waste facility investigation and

cleanup. (PLP] shall notify Ecology as to the identity of such engineer(s) or

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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 perform work required by this Order and shall

ensure that all work undertaken by such agents, contractors and subcontractors

will be in compliance with this Order.

Except where necessary to abate an emergency situation, [PLP] shall not

perform any remedial actions at [Facility Name] outside that required by this

Order unless Ecology concurs, in writing, with such additional remedial

actions.

[The following provision is to be used when ordering cleanup actions.]

WAC l73-340-400(7)(b)(i) requires that "construction" performed on the

facility must be under the supervision of a professional engineer registered

in Washington.

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 work being 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 deem necessary; 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]. By signing this Agreed

Order, [PLP] agrees that this Order constitutes reasonable notice of access,

and agrees to allow access to the facility at all r~asonable times for

purposes of overseeing work performed under this Order. Ecology shall allow

AGREED ORDER • 16 Date Printed: January 10, 1994
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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.

[If access to other owners' properties is required to carry out the

requirements of this Order, include a requirement that the PLP must attempt

to obtain such access in a timely fashion.]

7. Public Participation: [PLP] shall prepare and/or update a public

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10 participation plan 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.

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[If the writer wishes to be more specific in public participation

requirements, see the model Consent Decree for suggested language.]

8. Retention of Records: [PLP] shall preserve in a readily o

18 retrievable fashion, during the pendency of this Order and for ten (10) years

19 from the date of issuance by Ecology of written notification that all .

20 requirements of this Order have been satisfactorily completed, reports,

21 documents, and underlying data in its possession relevant to this Order.

22 Should any portion of the work performed hereunder be 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 requirement meeting the

25 terms of this paragraph.

26 9. Dispute Resolution: . [PLP] may request Ecology to resolve disputes

27 which may arise during the implementation of this Order. Such request shall

28 be in writing and directed to the signatory, or his/her successor(s), to this

29 Order. Ecology resolution of the dispute shall be binding and final. [PLP] o

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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 provided by Ecology in writing.

[If the writer wishes to utilize a more formal dispute resolution process,

see the model Consent Decree for suggested language.]

10. Reservation of Rights/No Settlement: This Agreed Order is not a

settlement under Chapter 70.1050 RCW. Ecology's signature on this Order in no

way constitutes a covenant not to sue or a compromise of any Ecology rights or

authority. Ecology will not, however, bring an action against [PLP] to

recover remedial action costs paid to and received by Ecology under this

Agreed Order. In addition, Ecology will not take additional enforcement

actions against [PLP] to require those remedial actions required by 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 of natural resources resulting from the releases or threatened

releases of hazardous substances from [Facility Name].

In the event Ecology determines that conditions at the facility are

creating or have the potential to create a threat to the health or welfare of

the people on the facility or in the surrounding area or to the environment,

Ecology may order [PLP] to stop further implementation of this Order for such

period of time as needed to abate the threat.

11. Transference of Property: Prior to any voluntary or involuntary

conveyance or relinquishment of title, easement, leasehold, or other interest

in any portion of the facility, [PLP] shall provide for continued

AGREED ORDER - 18 Date Printed:' January 10, 1994
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implementation of all 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] may have in

4 the facility or any portions thereof, [PLP] shall serve a copy of this 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 of the contemplated transfer.

8 12. Compliance with Other Applicable Laws: All actions carried out by

9 [PLP] pursuant to this Order shall be done in accordance with all applicable

10 federal, state, and local requirements. Some requirements herein are based on

11 the applicable requirements of Chapter 70.105 RCW and Chapter 173-303 WAC.

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13 [The following optional section provides for stipulated penalties.]

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VIII. STIPULATEP PENALTIES

For each day [PLP] fails to comply with any time schedules

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17 contained within Section IV of this Agreed Order, or any other time· schedules

18 approved or modified in writing 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 penalty be assessed under this Part, the penalty

23 shall accrue from the date on which the work was to have been performed, or

24 the submittal was to have been made, and shall cease to accrue on the date

25 when [PLP] performs the required work or delivers the required submittal to

26 E~ology. If imposed, all penalties will be payable within thirty (30) days of

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assessment to the Department of Ecology, Cashiering Section, PO Box 47600,

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 if Ecology has not denied the request.

IX. SATISFACTION OF THIS ORDER

The provisions of this Order shall be deemed satisfied upon [PLP]'s

receipt of written notification from Ecology that [PLP] has completed the

corrective actions required by this Order, as amended by any modifications,

and that all other provisions of this Agreed Order have been complied with.

X. ENFORCEMENT

1. Pursuant to RCW 70.1050.050, this Order may pe enforced as

follows:

A. The Attorney General may bring 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 spent by 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 of any costs incurred by the

state of Washington as a result of its refusal to comply;

and

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

(2) civil penalties of up 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 may be reviewed only as provided under

RCW 70.l05D.060.

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[PLP]

By _

AGREED ORDER - 21

STATE OF WASHINGTON

DEPARTMENT OF ECOLOGY

By _

Date Printed: January 10, 1994

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