CONCURRENC E COPY 042631

UNITE D STATE S ENVIRONMENTA L PROTECTIO N AGENC Y

REGION VII I

ADMINISTRATIVE RECORD FIL E PLAN

IN TH E MATTE R OF :

CALIFORNI A GULC H SUPERFUN D SITE , ASARC O INCORPORATED ,

RESPONDENT .

PROCEEDIN G UNDER SECTIO N 106(a ) O F TH E COMPREHENSIV E

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

E PA Docket No. CERCLA-VIII-91-^ f

13.1

ADMINISTRATIVE ORDER FOR CERTAIN REMEDIAL INVESTIGATION STUDIE S

TABL E OF CONTENTS

I. INTRODUCTION .....................................

I I . JURISDICTION ...................................... 

III . PARTIE S BOUN D ...................................... 4

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

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

V I . FINDING S O F FAC T ................................... 6

VII . CONCLUSIONS O F LAW AND DETERMINATIONS .............. 

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

I .. PERFORMANCE OF WORK ................................ 

>

.. MODIFICATION OF WORK PLANS .................
X I .

XII .

XIII .

XIV .

X V .

XVI .

XVII .

XVIII .

XIX .

X X .

XXI .

XXII .

XXIII .

XXIV .

XXV .

XXVI .

XXVII .

XXVIII .

XXIX .

XXX .

XXXI . Appendix A

Exhibit 1.

Exhibit 2.

QUALIT Y ASSURANCE , SAMPLING , DATA ANALYSIS , AN D AVAILABILITY ................................

ACCESS .."........................................... 11

PUBLI C COMMENT , ADMINISTRATIV E RECORD.............. 12

REPORTING REQUIREMENTS ..................

SUBMISSIONS REQUIRING AGENCY APPROVAL .....

REMEDIAL PROJECT MANAGER........................... . 14

ASSURANCE OF ABILITY TO COMPLETE WORK ............... 15

*

CERTIFICATION OF COMPLETION, TERMINATION 

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

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

DELAY IN PERFORMANCE ............................... 18

UNITED STATES NOT LIABL E ........................... 19

ENFORCEMENT AND.RESERVATIONS ....

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

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

EFFECTIVE DATE ..................................... 

COMMUNITY. RELATIONS ......................

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

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

NOTICE OF INTENT TO COMPLY ......................... 22

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

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

Demographics Work Plan.

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

Exhibit 4. Mine Waste Pile Remedial Investigatio n Work Plan .

Exhibit 5. Tailin g Disposal Area Remedial Investigatio n Work Plan .

Exhibit 6. Surfac e Water, Bed Material and Aquatic Ecosystem Data Collectio n Program Work Plan .
I . INTRODUCTION

1. Thi s Administrative Order directs Respondent to perform

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

I I . JURISDICTION

2. Thi s Order is issued under the authority vested in the President of the United State s by section 106(a ) of the Comprehensive Environmental Response) Compensation, and Liabilit y Act , 42 U.S.C . § 9606(a) , as amended by the Superfun d Amendment s

a n d Reauthorization Act of 1986, Pub.'L. No. 99-499, 100 Stat .

16.13 (1986 ) (CERCLA). Thi s authority was delegated to the Administrator of EPA on January 23, 1987, by Executive Order

12,580, 52 Fed. Reg. 2,926 (1987) , and further delegated to Regional Administrators on September 13, 1987, by EPA Delegatio n N o. 14-14-C. Thi s authority has been further delegated to the Director of the Hazardous Waste Management Division.

III . PARTIES BOUN D

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

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

status of Respondent or o>£ the. facility or site shall alter Respondent' s responsibilities under this Order.

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4. During the period in which this Order is in effect , Respondent shal l provide a copy of this Order to any subsequent

owners or successors before property rights, stock, or assets are

transferred. Respondent shall provide a copy of this Order to

a ll contractors, subcontractors, laboratories, and consultant s

retained to conduct any work performed under this Order, within

14 days after the effective date of this Order or at least 7 days

before retaining their services, whichever is later. Respondent

shal l condition any such contracts upon satisfactor y compliance

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

ensuring that its employees, contractors, consultants ,

subcontractors, agents, and attorneys compl y with this Order.

I V . DEFINITION S

Unles s otherwise expressl y provided herein, terms used

in this Order which are defined in CERCLA or in regulations

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

followin g terms shall have the meanings set forth below:

5. "Contractor" means any person, including the

contractors, subcontractors, or agents, retained or hired by Respondent to undertake any work under this Order.

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

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

not limited to, technical reports, data reports,, technical

memoranda, and other documents describing the work performed or

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

8. "NCP" means the National Oil and Hazardous Substances Pollutio n Contingency Plan promulgated under Section 105 of CERCLA, 42 U.S.C . § 9605, codified at 40 C.F.R . Part 300,

including, but not limited to, any amendments thereto.

9. "Order" means this Order, attachments to this Order,

and all documents which are incorporated into this Order

according to the procedures set forth herein.

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

including the areal extent of contamination and all suitable

areas in very close proximity to the contamination necessary for

implementation of the response action.

11. "Work" means all tasks required by tfri s Order,

including all activities related to the performance of such

activities.

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

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

pla n prepared under this Order, and any other plan s or modification s to any such work or samplin g and analysi s pla n

approved by EPA pursuant to this Order.

13. All other terms not otherwise defined herein, shall

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

in which case the CERCLA or NCP definitio n shall control.

V. GENERAL PROVISIONS

1 4. EPA's objective in issuing this Order is to require the

performance of certain RI studies in accordance with CERCLA and

the NCP to assess site conditions.

1 5. The activities conducted under thi s Order are subject

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

shall be conducted in compliance with CERCLA, the NCP, and all

applicable EPA guidance, policies , and procedures.

V I. FINDING S OF FACT

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

is located near Leadville , Colorado.

1 7. ASARCO Incorporated <"ASARCO" ) is a New Jerse y

corporation with its corporate headquarters in the State of New York. Respondent owns or operates or has owned or operated

portions of the Site.

18. The Site discharges or has the potential to discharge

various metals, including arsenic, cadmium, copper, lead and zinc

as follows:

Soi l resources of residential, commercial, industrial ,

and undeveloped lands within the Sit e have been and

continue to be subject to impact by mining and related

activities. Smelter slag, tailings piles , and waste

rock piles containing high levels of metals are foun d

throughout the Site. Metal s migration can occur from

these sources to nearby surface and vadose soils by

wind dispersion , precipitatio n and surface water

runoff , and reworking of these surface sources,.

Mil l tailings are the rock debris remaining after millin g and- separation has removed the metal as~

concentrates from the ore. Tailings are generall y

fine-grained, silt-sized particles . Many piles and

ponds (where water is decanted from the tailings) , are

located on the Site . These tailings pile s and ponds

are a potential source of metals contamination as shown

in previous studies.

Mine waste rock consists of mine development rock and

low grade ore taken from below ground and deposited

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

rock piles contain high concentrations of arsenic,

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

leached from the mining waste during times of rain or

snowfall . There are hundreds of waste rock pile s on

t he Site.

Surfac e water acts as the primary transport mechanism

f or both soluble metals and metal-laden sediments. The Site is drained by several gulches tributary to the Arkansas River, including: Evans, California, Iowa,
a nd Empire gulches. These gulches flo w mostly in

response to precipitatio n events and snovmelt. The

intermittent flo w of surface vater over, through, and

around mining vaste rock and tailings piles , into the - gulches, and ultimatel y into the Arkansas River is a

potential source of metal s contamination.

Groundvater acts as a transport mechanism for soluble

metals. Groundvater is foun d in both bedrock and

alluvial systems at California Gulch, and recharge is

principall y from infiltratio n of precipitatio n and

surface vater drainage. Groundvater in upper California Gulch, occurs primarily in the bedrock

formation s includin g granite, limestone, porphyry , and

sandstones. Groundvater in the bedrock system east and

southeast of Leadville discharges directl y to California-Gulch surface vater, into the mine vorkings

and the Yak Tunnel , or into dovngradient groundvater

systems. In lover California Gulch, groundvater flovs

through high terrace gravels, lake bed sediments, or

bedrock units. Much of the groundvater in the area

eventuall y reaches California Gulch and Arkansas River

surface vater or associated alluvial groundvater

systems.

Stream sediments may be affected by migration,

alteration, absorption, and precipitation of

contaminants from sources upstream.

Air is. affected by fugitive dust generated by vind

erosion, earth movement during construction, off-road

vehicles, and vehicular traffi c on dirt and gravel

roads. Significan t pathvays exist for ingestion,

inhalation, and contamination of indoor environments

vith hazardous elements foun d in mining, processing,

and smelting vastes at the Site.

Flora and faun a may be threatened by metals

contamination of the environment. System studies

confirm the presence of metals in soils, sediments, and

surface vater. These metals affec t vegetation,

livestock, vildlife , and macroinvertebrates.

19. Arsenic, cadmium, copper, lead, and zinc are "hazardous

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

9601.

VII. CONCLUSIONS OF LAW AND DETERMINATIONS

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

of CERCLA, 42 U.S.C . § 9601(9) .
21. Various metals foun d at the Site are "hazardous

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

present an imminent and substantial danger to public health or

welfare under section 104(a)(1 ) of CERCLA, 42 U.S.C . § 9604(a) .

2 2. The past , present, or potential future migration of

hazardous substances described in section VI of this Order

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

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

23. Respondent is a person as defined in section 101(21 ) of

CERCLA , 42 U.S.C . § 9601(21) .

24. Respondent is a responsible party under sections 104,

107, and 122 of CERCLA , 42 U.S.C . §§ 9604, 9607, and 122.

25. The actions required by this Order are necessary to

protect the public health or welfare or the environment and are

consistent with CERCLA and the NCP.

VIII . NOTIC E T O STAT E

26. By providing a copy of this Order to the State of Colorado, EPA has notified the state that this Order is being

issued and that EPA is the lead agency for coordinating,

overseeing, and enforcin g the response action required by this Order. EPA will provide for state involvement with.developmen t

of the RI studies in accordance with section 121(f) of CERCLA, 42 CT.S.C . § 962T(f> .

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

also be submitted by Respondent to the State.

28. The State and its authorized representatives shall be

provided the same right s of access to areas to which this Order

applie s as is provided for EPA in Section XII.

I X. PERFORMANCE OF WORK

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

direction and supervision of qualified personnel. Withi n 30 days

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

qualification s of the personnel , includin g contractors,

subcontractors, consultants , and laboratories, to be used in

carrying out such Work. The qualification s of the persons

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

review for verificatio n that such persons meet minimum technical

background and experience requirements. If EPA disapproves in

writing of an y person(s) technical qualifications , Respondent

8
shall notif y EPA of the identit y and qualification s of the

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

right to terminate this Order, conduct the Work, and seek

reimbursement for costs and penalties from Respondent. During

the course of the Work, Respondent shall notif y EPA in writing 7 days in advance of any changes or additions in the personnel used

to carry out such Work, providin g their names, titles , and

qualifications . EFA shall have the same right to approve changes

and addition s to personnel as it has hereunder regarding the

initial notification .

30. Respondent shall conduct activities and submit

deliverables as provided by this Order and the attached exhibits,

which are incorporated by reference. All Work performed is to be

conducted in accordance with the schedules , standards ,

specifications , and other requirements of this Order, and the

attached work plans , as initiall y approved or modified by EPA, and as may be amended or modified by EPA 'from time to time.

3 1. Respondent shall , prior to any off-sit e shipment of

hazardous substances from the site, provide written notificatio n

to the appropriate state environmental officia l in the receiving

state an d to EPA' s Designated Remedial Project Manager (RPM) of

such shipment of hazardous substances.

( a) The notificatio n referred to above shall be in writing,

a n d shall include the followin g information s (T ) the name an d

location of the facilit y to which the hazardous substances are to

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

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

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

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

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

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

determined by Respondent followin g the award of the contract or

contracts for the Work. Respondent shal l provide all relevant

information , includin g informatio n under the categories noted in

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

practical afte r the award of the contract and before the

hazardous substances are actuall y shipped.

32. All activities undertaken by Respondent shall be in

compliance with all Federal , Stat e and local laws and

regulations , including permit requirements, unless an exemption

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

approval s required for performance of Work in sufficien t time to

perform Work as scheduled.
3 3. The Exhibit s identif y deliverables to be produced under

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

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

X. MODIFICATION OF WORK PLANS

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

required herein. Respondent identifie s a need for additional

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

be submitted to the designated RPM within 7 days of such

identification . EPA in its discretion will determine whether the

additional data will be collected by Respondent and whether it

will be incorporated into reports and. deliverables .

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

to human health or welfare or the environment, Respondent shal l

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

unanticipated.or changed circumstances at the site, Respondent

shall notif y the RPM by telephone within 24 hours of discovery of

the unanticipated or changed circumstances. In addition to the

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

immediate threat or the unanticipated or changed circumstances

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

work plan in writing accordingly. Respondent shall perform the

work plan as 'modifie d or amended.

36. EPA may determine that in addition to tasks defined in

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

accomplish the objectives of the Work. EPA may require that Respondent perform these response actions in addition to those,

required by any initiall y approved work plan , including any

approved modifications , if it determines that such actions are

necessary to adequately complete the Work. Respondent shall

confirm its willingnes s to perform the additional work in writing

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

shall implement the additional tasks which EPA determines are

necessary. The additional work shal l be completed according to

the standards , specifications , and schedule set forth or approved

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

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

itsel f at any point , to seek reimbursement fro m Respondent ,

and/or to seek any other appropriate relief .

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

3 7. Respondent shal l assure that work performed, samples

taken, and analyses conducted conform to the requirements of the

work plan s and guidance identified therein.

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

practices and procedures as outlined in the work plan s approved

hereunder, EPA reserves the right to conduct all Work identified

herein, includin g a complete RI/FS or any portion thereof

pursuant to its authority under CERCLA , to seek reimbursement

from Respondent , and/or to seek any other appropriate relief .

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

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

or on Respondent' s behalf , during implementatio n of this Order,

shall be submitted to EPA in an electronic fil e format using the

E PA contract laboratory program (CLP) format A (as described in Exhibit H of the EPA CLP Statement of Work for Inorganic Analysis , Multi-media, Multi-concentrate) or an ASCII fil e

format , along with the monthly progress report as described in Sectio n XIV of this Order. EPA wil l make available to the Respondent validated data generated by EPA unless it is exempt

from disclosure by any federal or state law or regulation.

40. Respondent wil l notif y EPA in writing at least 15 days

prior to conducting significan t field events as described in any

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

written request, or at the request of EPA's oversight assistant , Respondent shall allo w spli t or duplicat e samples to be taken by

E PA (and/o r its authorized representatives ) of any samples

collected by the Respondent in implementin g this Order.

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

identified herein, Respondent shall submit to EPA a report that

identifier- and explain s its objections , describes the acceptable

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

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

days of the monthly progress report containing the data.

XII . ACCESS -

42. EPA and its authorized representatives may enter and

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

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

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

records, operatin g logs , and contracts related to the site or Respondent and its contractors) pursuant to this Order;

reviewing the progress of Respondent in carrying out the terms of

this Order; conducting test s as EPA or its authorized

representatives deem necessary; using a camera, sound recording

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

submitted to EPA by Respondent. Respondent shal l allow these

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

documents, samplin g and monitoring data, and other writings

related to work undertaken in carrying out thi s Order. Nothin g

herein shal l be interpreted as limitin g or affectin g any EPA

11
representative' s right of entry or inspection authority under

federal lav.

4 3. If for proper performanc e of the Work, it is necessary

to enter propert y owned in 'whol e or in part by parties other than

those bound by this Order, Respondent will obtain, or use its

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

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

shall provide access for EPA, its contractors and oversight

officials , the State of Colorado and its contractors, and the Respondent or its authorized representatives. Such agreements

shall specif y that Respondent i s not EPA' s representative with

respect to liabilit y associated with site activities. Copies of

such agreements shall be provided to EPA prior to Respondent' s

initiation of field activities.

«

44. If access agreements are not obtained within the time

referenced above, Respondent shall promptl y notif y EPA of its

failure to obtain access. EPA may obtain access for the Respondent , perform those tasks or activities with EFA

contractors, or terminate the Order in the event that Respondent

cannot obtain access agreements. In the event that EPA performs

those tasks or activities with EPA contractors and does not

terminate the Order, Respondent shal l perform all other

activities not requiring access to that site, and shall reimburse

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

tasks undertaken by EPA into its reports and deliverables. Respondent shal l reimburse EFA for all costs and attorney fee s Incurred by/, the United States in obtaining access for the Respondent.

XIII . PUBLIC COMMENT , ADMINISTRATIV E RECORD

45« EPA. retains, the_ responsibility lor the release to the

public of any reports based upon the Work.

46. EPA may provide Respondent with copies of any report

based upon the Work and the final RI/FS report.

47. EPA will determine the contents of the administrative

record fil e for selection of the remedial action. Respondent

must submit to EFA documents developed during the course of the Work upon which selection of the response action may be based. Respondent shal l provide copies of plans , task memoranda

including documentation of field modifications , recommendations

f or further action, qualit y assurance memoranda and audits , raw

data, field notes, laboratory analytical reports , and other

reports. Respondent must additionall y submit any previous

studies conducted under state, local , or other federal

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

communications between Respondent and state, local , or other

12
federal authorities concerning sele'ctio n of the response action. At EPA' s discretion, Respondent may establish a community

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

the administrative record.

XIV . REPORTING REQUIREMENTS

48. Respondent shall make presentations at and participate

in meetings 'at the request of EPA during the initiation , conduct,

and completion of the Work. In addition to discussion of the

technical aspects of the Work, topics will include anticipated

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

discretion.

49. In addition to the deliverajbles set forth in this Order, Respondent shall provide to EPA monthly progress reports

by the 10th day of each month during which this Order is in

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

progress reports shall: (1) describe the actions which have been

taken to comply with'thi s Order during that month; (2) include

all results of samplin g and tests and all other data collected or

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

two months with schedules relatin g such work to the overall

project schedule for completion or Work; and (4) describe all

problems encountered and any anticipated problems, any actual or

anticipated delays , and solutions developed and implemented to

address any, actual or anticipated problems or delays .

X V. SUBMISSIONS REQUIRING AGENCY APPROVAL

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

direct changes for all deliverables . When EPA comments on or

directs changes to deliverables, the followin g procedures shal l

apply :

a. Respondent must full y correct all deficiencie s and

incorporate and integrate all informatio n and comments,

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

EPA comments, unless otherwise specified in any

schedule in the work plan s approved hereunder.

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

to discuss any comments or instructions from EPA, prior

to resubmitting the deliverable. If EPA, in

consultation with the state of Colorado, agrees that

its comments or instructions are incorrect or should be

modified, Respondent may resubmit the deliverables in

accordance with EPA' s decision.

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

each substantive EPA comment was addressed, and a

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descriptio n of any additional substantive changes or

additions in the resubmittal along with a justificatio n

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

also include a certificatio n that no substantive

changes other than those identified in the cover letter

were made. Failure to address EPA comments or

directions as described in this paragraph, or failur e

to identif y additional substantive changes or addition s

is a violation of this Order.

d. If Respondent disagrees with the substantive changes

required by EPA, Respondent may include a disclaimer in

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

documents with which the Respondent disagrees and the

reasons for the disagreement. Whenever and to whomever

the document is disseminated, EPA will include such

cover letter with the deliverable. Such cover letter

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

5 1. If Respondent fail s to compl y with the preceding

paragraph, or if EFA determines that additional changes or

additions were included in a resubmittal without sufficien t

justification , EPA retains the right to seek statutory penalties ,

perform its own studies , or complete or modif y the deliverable or

any portion thereof and seek reimbursement from Respondent for

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

t he Work, Respondent shall incorporate and integrate informatio n

supplied by EPA into, any report on such Work.

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

by EPA into any reports prepared by it.

53. Neither failure of1 EPA to

0

 expressly approve or

disapprove of Respondent' s submissions within the specified time

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

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

preparin g deliverables acceptable to EPA.

XVI . REMEDIAL PROJECT MANAGER

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

including plans , reports , and other correspondence, which are

developed pursuant to this Order, and shall hand deliver or send

these documents return receipt requested.

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EPA' s RPM concerning Exhibits 1-5 is:

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

E PA Region VIII

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

*

EPA' s RPM concerning Exhibit 6 is:

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

E PA Region VIII

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

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

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

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

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

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

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

necessary response action.

5 7. Withi n ten (10 ) days after the effective date of this Order, Respondent shall designate a Project Coordinator and shall

submit the name, address, and telephone number of the Project Coordinator to EPA for review and approval. Respondent' s Project Coordinator shall be responsible for overseeing Respondent' s

implementation of this Order. If Respondent wishes to change its Project Coordinator, Respondent shall provide written notice to

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

the name and qualification s of the new Project Coordinator. Respondent' s selection of a Project Coordinator shal l be subject

to EPA approval.

XVII . ASSURANCE OF ABILITY TO COMPLETE WORK

58. Respondent shall establish and maintain a financial

instrument, trust account, or other financial mechanism such as

one'o f those set forth at 40 C.F.R . Part 264.143, acceptable to

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

obligations required under this Order, includin g a margin for

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

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

15
financial resources are sufficien t to perform the work required

under this Order projected for the period beginning with the

effective date of the Order through the end of the current

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

each calendar year quarter thereafter, Respondent shal l either

fun d the financial instrument or trust account or demonstrate to

the satisfactio n of EPA that its financial resources are

sufficien t to perform the work and other activities required

under this Order projected for the succeeding calendar year

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

mechanism or the demonstration of abilit y to perfor m Work, Respondent shall report such to the RPM.

5 9. If at any time the net worth of the financial

instrument or trust account is insufficien t or the other

demonstration of financial abilit y is inadequate to assure

performance of the Work and other obligation s under the Order for

the upcoming quarter, Respondent shall provide written notice to

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

instrument, trust account or other demonstration of financial

abilit y becomes insufficien t or inadequate. The written notice

shall describe why the financial instrument, trust account or

other demonstration of financial abilit y is insufficien t and

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

financial instrument or trust account adequately or to

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

resources to continue the Work through the time period required.

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

or will become inadequate.

XVIII . CERTIFICATION OF COMPLETION , TERMINATION

6 0. Thi s Order shal l terminate when Respondent demonstrates

in writing and certifies to the satisfactio n of EPA that all

activities required under this Order, includin g any additional

work, are complete.

61. The certificatio n shal l be signed by a responsible

officia l representing Respondent. The representative shal l make

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

contained in or accompanying this certificatio n is true,

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

a principal business function .

XIX . EMERGENCY RESPONS E

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

performance of the Work which causes or threatens a release of

waste material that constitutes an emergency situation or may

present an immediate threat to public health or welfar e or the

16
environment, Respondent shall , subject to the followin g

paragraph, immediately take all appropriate action to prevent,

abate, or minimize such release or threat of release, and shall

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

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

applicabl e plan s or documents developed pursuant to this Order. In the event that Respondent fail s to take appropriate response

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

instead, Respondent shal l reimburse EPA all costs of the response

action not inconsistent with the NCP .

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

shall be deemed to limit any authority of the United State s to

take, direct, or order all appropriate action or to seek an order

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

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

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

X X . INSURANC E AN D INDEMNIFICATION

64. (a) Prior to commencement of any work under this Order, Respondent shal l secure, and shal l maintain in force for

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

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

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

r naming as insured the United States*. The CGL insurance shall

include Contractual Liabilit y Insurance in the amount of

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

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

lieu of CGL insurance, provide to EPA a copy of its certificate

of sel f insurance.

( b) Respondent shall also secure, and maintain in

force Professional Errors and Omissions insurance in the amount

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

and for two years after the completion of all activities required

by this Order .

( c) For the duration of this Order, Respondent shall

satisfy , or shall ensure that their contractors or subcontractors

satisfy , all applicabl e laws and regulation s regardin g the

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

compensation insurance for all persons performin g work on behal f

of Respondent , in furtherance of this Order.

( d) If Respondent demonstrates b y evidence

satisfactor y to EPA that any contractor or subcontractor

maintains insurance equivalent to that described above, or

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

with respect to that contractor or subcontractor, Respondent need

provide only that portion of the insurance described above which

is not maintained by the contractor or subcontractor.

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

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

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

policy . Respondent shall certif y to EPA that the required

insurance has been obtained by that contractor.

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

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

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

EPA shall not be considered a party to any contract entered into

by Respondent for purposes of implementing this Order.

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

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

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

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

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

subsidiaries, and contractors, in carrying out activities under

this Order.

XXI . DELAY IN PERFORMANCE

6 7. An y delay in performance of thi s Order that , in EPA' s

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

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

the terms and conditions of this Order.

6 8. Respondent shall notif y EPA of any delay or anticipated

delay in performin g any requirement of this Order. Such

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

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

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

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

business days after notifyin g EPA by telephone, Respondent shal l

provide written notificatio n full y describing the nature of the

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

should not be held strictl y accountable for failin g to compl y

with any relevant requirements of this Order, the measures

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

implementin g the measures that will be taken to mitigate the

effect s of the delay. Increased costs or expenses associated

18
vith implementatio n of the activities called for in this Order is

not a justificatio n for any dela y in performance.

XXII . UNITED STATES NOT LIABLE

69. The United States , by issuance of this Order, assumes

no liabilit y for any injuries or damages to persons or propertyresulting from acts or omissions by Respondent, or their

directors, officers , employees , agents, representatives,

successors, assigns, contractors, or consultant s in carrying out

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

the United States may be deemed to be a party to any contract

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

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

carrying out Any action or activity pursuant to this Order.

XXIII . ENFORCEMENT AN D RESERVATION S

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

recovery of any response costs incurred by the United State s

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

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

oversight, the costs of compilin g the cost documentation to

support oversight cost demand, accrued interest as provided in

section 107(a ) of CERCLA, 42 U.S.C. i 9607(a) , and any and all

other costs not inconsistent with the NCP .

7 T. Notwithstandin g any other provision of this Order, at

any time during the response action, EPA may perform its own

studies, complete the response action (or any portion of the

response action) as provided in CERCLA and the NCP , and may seek

reimbursement from Respondent for its costs, or seek any other

appropriate relief .

7 2. Nothing.i n this Order shall preclude EPA from taking

a ny additional enforcement actions, includin g modificatio n of

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

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

requiring Respondent in the future to perform additional

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

any other applicable law. Respondent shall be liable under CERCLA section 107(a) , 42 U.S.C . § 9607(a) , for the costs of any

such additional actions.

73. Notwithstandin g any provision of this Order, the United States hereby retains all of its information gathering,

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

74. Respondent shall be subject to civil penalties under

section 106(b ) of CERCLA , 42 U.S.C . § 9606(b) , of not more than

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

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

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

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

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

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

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

action.

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

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

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

out of or relating in any way to the Site.

76. If a court issues an order that invalidates any

provision of this Order or finds that Respondent has sufficien t

cause not to comply with one or more provisions of this Order, Respondent shall remain bound to comply with all provisions of

this Order not invalidated by the court' s order.

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

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

approved hereunder, schedules, attachments, exhibits , or other

documents incorporated herein, the terms and conditions of this Order shall take precedence.

XXIV . ACCESS T O INFORMATION

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

all documents and information within their possession or control

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

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

not limited to, sampling, analysis, chain-of-custody records,

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

routing, correspondence, or other documents or information

related to the Work. Respondent shall also make available to

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

testimony, their employees, agents, or representatives with

knowledge of relevant facts.concernin g the performance of the Work.

7 9. Respondent may assert business confidentialit y claims

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

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

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

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

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

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

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

of confidentialit y accompanies documents or information when they

a re submitted to EPA, or if EPA has notified Respondent that the

20
documents or information are not confidential under the standards

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

public may be given access to such documents or information

without further notice to Respondent.

80. No claim of confidentialit y shall be made with respect

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

analytical,.monitoring, hydr©geologic, scientific, chemical, or

engineering data and materials or information submitted pursuant

to this Order, or any other documents or information evidencing

conditions at or around the Site.

XXV . RETENTION OF RECORDS

81. All records and documents in Respondent' s possession

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

commencement of construction of any remedial action. Respondent

shall acquire and retain copies of all documents that relate to

the site and are in the possession of its employees, agents,

accountants, contractors, or attorneys. After this 10-year

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

documents are scheduled to be destroyed. If EPA requests that

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

EPA the documents or copies of the documents.

XXVI . EFFECTIV E DATE

82. The effective date of this Order shall be the date it

is signed, by EBA.

XXVII . COMMUNIT Y RELATIONS

83. EPA may prepare a community relations plan describing

the activities it will undertake to disseminate information

regarding the Work to the public. Respondent shall cooperate

with EPA (and the State ) in providing information regarding the Work to the public. As requested by EPA, Respondent shall

participate in the preparation of such information for

dissemination to the public and in public meetings which may be

held or sponsored by EPA to explain activities at or relating to

the Site.

XXVIII . MODIFICATION

84. Thi s Order may be amended by EPA. Amendments shall be

in writing and shall be effective when signed by EPA.

85. No informal advice, guidance, suggestions, assurances,

or comments by EPA or its authorized representatives shall modif y

the terms and conditions of this Order or relieve Respondent of

its obligation under this Order. Any deliverables, plans ,

21
technical memoranda, reports (other than progress reports) ,

specifications , schedules, and attachments required by this Order

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

XXIX . OPPORTUNIT Y T O CONFER

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

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

• Order.

87. The purpose and scope of the conference shall be

limited to issues involving the implementatio n of the response

actions required by this Order and the extent to which Respondent

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

evidentiary hearing, and does not constitute a proceeding to

challenge this Order. It does not give Respondent a right to

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

liability , and no officia l stenographic record of the conference

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

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

other representative.

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

by* written confirmatio n mailed that day to:

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

EPA Region VIII

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

(303 ) 294-7574

XXX. NOTICE OF INTENT TO. COMELY8 9. Respondent shal l provide, not later than five (5) days

afte r the effectiv e date of this Order, written notice to the RPM

statin g whether it will comply with the terms of this Order. If Respondent does not unequivocally commit to perform the Work as

provided by this Order, it shall be deemed to have violated this Order and to have failed or refused to comply with this Order. Respondent' s written notice shal l describe, using fact s that

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

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

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

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

required by this paragraph shal l not be deemed to be acceptance

of assertions by Respondent.

22
XXXI . ORDER

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

compl y with the provisions of this Order, includin g but not

limited to all attachments to this Order, all documents

incorporated by reference into this Order, and all schedules and

deadlines in this Order, attached to this Order, or incorporated

by reference into this Order.

IT IS SO ORDERED:

ENVIRONMENTA L PROTECTION AGENCY , REGION VII I

B Y: 'S__________________________ DATE Robert L. Duprey , Director Hazardous Waste Management Division

23
APPENDIX A - WORKPLAN CHANGES

The changes outlined below are hereby made in the referenced work

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

hereby approved.

A. Changes to Work Plan for Samplin g and Analysi s of Lead Occurrence in and Immediatel y Adjacen t to Residential Areas , Jul y 1991, Exhibit 2.

1) The titl e i s changed to read FINAL SAMPLING PLAN FOR SAMPLING AND ANALYSI S OF LEAD OCCURRENCE WITHIN AND IMMEDIATELY ADJACENT TO RESIDENCES .

2) Section 2.0, Page 2-1, Para. 3: Before "An effor t will

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

will be sampled according to the protocols set forth in

this work plan. These 100 homes will be

representatively distributed according to the age of

each home and its geographic location within the Populated Remedial Investigation Study Area. A minimum

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

to 72 months in residence. The sentence beginning "An

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

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

and renumber subsequent sections. The new section is

entitled Initial Visit and reads: Before samplin g

occurs, an initial visit will be conducted. The

purpose of this visit will be to explain the objectives

of EPA's remedial investigation and to request

permission to release to EPA the results of sampling.

«

4) Sectio n 4.1.3.1, Page 4-7, Para. 2: Item No. 1 is

changed to read: A floor area directly inside the main

entrance to the residence.

5) Sectio n 4.1.3.1, Page 4-8, Para. 2: Item No. 1 is

changed to read: If possible, an additional dust

sample will be obtained from: 1) beneath carpets and

2) attic areas.

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

is changed to read: Colocated samples will be

collected from 20% of the houses and will be evaluated

for speciation in accordance with the Metal s Speciation Work Plan for this study.

1
7) Sectio n 4.1.3.1, Page 4-8, Para. 4: When dust samples

are collected, a tri-directional sweep patter n should

be used where the second sweep is in a direction 90

degrees to the first , and the third direction is 45

degrees from the firs t sweep. All references to this

technique throughout the work plan shall be corrected

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

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

action level s shal l be stated for the analytical methods - All samples with lead detected at 20 ppra or

less shall be re-analyzed by graphite furnace atomic

absorption .

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

changed to read: Introduction , preliminary residential

walk-through, and request to release results of

EPA.

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

are changed to read: For the minimum 100 homes sampled

(they must be representatively distributed, no less

than 50% of them with children age t> Ito 72 "months in

residence) the environmental samplin g forms contained

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

and submitted to EFA along with the results of the

sampling parameters prescribed in the work plan . For

all other homes sampled, if permission has been

received to release sampling results to EPA, the forms

set forth in Appendix A will be completed and submitted

to EPA along with the results of the sampling

parameters prescribed in the work plan.

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

be modified to include the ful l acid digestio n of the

sample filte r instead of the filte r wash and discard

step.

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

be modified to include: All samples with lead detected

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

furnace atomic absorption.

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

calibration procedures within this work pla n shal l be modified to include a minimum of 5 calibration points ,

not 3 as stated in paragraph 7 of page B-20.

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

frequenc y of Calibration Verificatio n and Instrument Blank samples shall be 1 per 10 samples instead of 1
p er 20. In addition , the frequencies of Decon Blank

samples , Duplicate samples , Replicate Analysi s samples ,

a nd Interlaborator y Spli t samples vill be analyzed

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

frequent.

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

transportatio n off-site .

1 6) Appendix D, Sectio n 5, Page D-3, Tabl e 1: The Limit of Detection for the A.A.S . analysis shall be changed to 1

p p m (mg/kg) .

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

frequency of Calibration Verification and Instrument Blank samples shall be 1 per 10 samples instead of 1

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

samples , Duplicate samples , Replicate Analysi s samples ,

a nd Interlaborator y Spli t samples vill be analyzed

every 1 per 20 samples or 1 per <Jay whichever is more

frequent.

B. Changes to Mine Waste Remedial Investigation Work Plan , Jul y

1991, Exhibit 4.

T he Mine Waste Pile Remedial Investigatio n Work Plan is

changed as follows :

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

depictin g the mine waste pile samplin g and evaluation

process and its relatio n to other RI procedures, alon g with

an accompanying narrative description of that same process,

shall be provided to EPA.

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

«

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

informatio n is presentl y available, a remedial

investigatio n must be undertaken at Res 1 and Res 2

consistin g of the collectio n of subsurface tailin g

samples , collectio n of groundwater samples , analytical

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

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

at Res 2, to foundatio n material with samplin g

from the top 2 feet , at about 5-foot intervals.
and at changes in material identified durin g

drilling.

i. Two test holes will be drilled through the

buried tailin g at Res 1—with one location at

what is determined to be the thickest section

of the tailin g and another drilled at what is

determined to be an upgradient location in

t he tailing.

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

penetrate what is judged to be the thickest

section of buried tailing.

T he locations of the test holes will be

established in the field based on the site

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

the test holes will be collected ^-using shelby

tubes, an Osterburg sampler, spli t spoons (SPT) or

a California drive sampler. Water levels will be

measured In the Res 1 test holes durin g drillin g

and 24 hours after drillin g completion to allow

ior stabilization of vater levels.

b. Installatio n of monitor wells . Each of the holes

will be completed as monitor well s in the tailings

if water is encountered. The well s wil l be

screened near the base of the tailings . The well s

wil l be developed and sampled and the samples wil l

be analyzed for the parameters listed in Tabl e 2-

5.

c. Chemical Analyses . All tailin g and foundatio n

samples from the Res 2 hole and the deeper hole at Res 1 will be analyzed for the parameters listed

in Tabl e 2-2.. The remaining hole at Res 1 wil l be

sampled at the followin g depths and submitted for

chemical analysis:

i. Withi n 5 feet above groundwater in the

tailin g if the groundwater is at a depth

greater than 10 feet .

i i. Withi n 5 fee t below groundwater

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

if the vertical distance between groundwater

and the foundatio n material is greater than

10 feet .
i v. Withi n the foundatio n material below the

tailing.

d. Geotechnical Analyses . Sample s from the test

holes will be tested for physical parameters. The

testin g may include:

i. Moisture content; ASTM D2216

i i. Wet and densities; ASTM 02216

iii. Particle size distribution ; ASTM D421 and D422

iv. Atterberg limits (liquid limit and plasticit y

index) ; ASTM D4318

T he specifi c geotechnical testin g program wil l be

established based on "the types of materials

encountered, samples recovered, and engineering

judgment. Other properties for design wil l be

estimated from index properties or collected

during remedial design , if needed.

An amendment to the approved workplan addressing the

above requirements shall be submitted to EPA no later

than September 15, 1991.

2) Investigation s of Hecla tailings .

T he investigations of Hecla tailings specified in Sectio n 2.3.5, page 2-20, are approved. However, these

investigations should not begin until September 16,

1991. In the event that an administrative order on

consent or unilateral administrative order with an

approved work pla n for study of these tailings is

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

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

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

1 ) Page 2-1, Objectives: Remove the phrase, "Eliminate

samplin g at stations where contaminants of concern are

not detected."

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

concentrations to read 630 - 9150 mg/1.

3) Table 6-1: Change EPA GFAA method for lead to 239.2; Change method number for pH to 150.1;
Change method number for bicarbonate and

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

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

correspond to the USGS numbering system for

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

5) Table 6-2; Add detection limits for parameters to be

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

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

limits is &s Jollows:

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

tdry)*.

* Dry weight = weight X % solids

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

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

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

chloride, fluoride , and cyanide must be

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

that samples will be checked for the presence

of chlorine and sulfide , which may interfere

with the cyanide analysis.

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

one rinsate sample will be collected for

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

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

percent, since toxicit y below 1 percent has

been observed in previous studies.

1 0) SOP 4A, Page 7, Fathead Minnow Toxicit y Testing: Modif y third sentence to state that the

fathead minnow test s shall be conducted for
forty-eight (48 ) hours at 20°C(+/-2°C) . Modif y next sentence to state that the

minnows will be fed 0.1 milliliter brine

shrimp prior to selection and at 24 hours.

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

t oo high for a standard D-frame kick-net

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

sampler in place while a second technician

agitates the streambed surrounded by the

sampler. Sample s will be put into white pans

for pre-sorting and will be rinsed through a number 30 mesh screen prior to preservation. Sample s will be preserved with 95% ethanol

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

containers. Streamflo w measurements wil l be

conducted concurrently with sample

collection."

A dd the stipulatio n that when a benthic sample cannot J be identified to the Genus level for the

chironomidae Family , the sample will be given

to EPA for identification .

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

also be confirmed by using a standard fis h

scale analysis."

1 3) SOP 4A, Page 10, Fish ; Smal l fish must be collected to

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

of parameters in the last paragraph.

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

as follows:

« A dd an additional samplin g station to sample

t he contaminant plume at station AR-3 for all

parameters. The stations should be labeled

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

bank.

A dd a surface water samplin g station downstream of AR-3. Immediatel y above the confluenc e of Hal f Moon Creek should* be the approximate

location.

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

(total of 15 fish samplin g stations) .
A dd an additional station on California Gulch upstream

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

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

testin g list (total of 19 toxicity testin g

stations) .

1 5) A storm event surface vater samplin g program must be

implemented during the summer of 1991. Attachment 2 is a minimum requirements

program that must be incorporated into the

samplin g program. Add language regarding the

storm event samplin g program indicatin g that

E FA will be notified every time that a storm

event sample is collected.
I ' ATTACHMENT I (pa^e 1 of 1)

MULTI-MEDIA, MULTI-CONCENTRATION

JULY. 1988

TARGET ANALYTE LIST

ntimony

» Araenic •

'Beryllimn

Cildoa-

• C*trOB31IHQ

Compel

•IronLad

NOTE:

iiAQUEOUS ' :,-:CRDL -r

(ug/L,ppb)

200

60

10

200

5000

10

50

25

100

(mg/Kg.ppm)

40

12

40

1000

10

20

0.6

Masgiaese

Mercery Nickel

Potassium

Saver

'Sodio m

A ND WILL BE HIGHER THAN THOSE LISTED

5000

IS

0.2

40

5000

10

5000

10

1000

0.1

1000

1000
ATTACHMENT 2

MINIMUM REQUIREMENT S FOR A STORM EVENT

SAMPLING PROGRAM FOR SURFACE WATER AT THE

CALIFORNIA GULCH SIT E

Purpose

T he storm event samplin g program is designed to determine

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

serve as a preliminary determination of the effect s of a storm

event on the aquatic biota in the surface water. The results

will also be used to determine whether a detailed storm event

monitoring program will be designed for California Gulch Site in

t he future.

F or purposes of this monitoring program* a storm event is

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

inches of rainfal l to a surface.

Data Quality Objectives

The data quality objective of the storm event surface water

data collection is to collect data of sufficien t quality to

determine the changes in water column chemistry and possible

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

the chemical loading of metals during a storm event to the Arkansas River. Other potential uses of the data include:

o environmental baseline risk assessment;

o surface water modeling of contaminant transport from California Gulch;

o and, screening and evaluation of remedial measures.

*

Parameters

flo w copper

pH iron

conductivity lead

total suspended sediment magnesium

arsenic manganese

cadmium silver

calcium zinc

Toxicit y
Sampl e Locations

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

AR2: Arkansas River upstream of California Gulch;

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

AR3A: Arkansas River downstream of AR3E.

Frequency

Sample s must be collected during rainfal l storm events that

occur between August 1, 1991 and September 30, 1991. The

samplin g interval during the storm event should be designed to

capture samples in the range of every 15 Tni?mite*s to one hal f

hour.

Instrumentation

Sample s must be collected using precipitation-activated

samplers or by personnel located near the site directed to

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

more of precipitatio n occurs.