SFUND RECORDS CTR

2201-00115

1 JEANNIE CERVERA

Assistant Regional Counsel SFUND RECORDS CTR

2 United States Environmental Protection Agency 88151617

75 Hawthorne Street

3 San Francisco, California 94105

(415) 744-1351

4

Attorney for EPA

5

PATRICIA L. SHANKS

6 McCutchen, Doyle, Brown & Enerson

Three Embarcadero Center

7 San Francisco, California 94105

(415) 393-2529

8

Attorney for Sola Optical, USA

9

10 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IX

11

12 In The Matter Of:

13 The Sola Optical, USA Superfund Site, #J8

Petaluma, California

14

RESPONDENT:

15

Pilkington Visioncare, Inc.

16 (Sola Optical, USA Inc.) ) U.S. EPA Docket

) No.92-07

17 Proceeding Under Section

106(a) of the

18 Comprehensive Environmental Response,

Compensation, and Liability Act of 1980,

19 as amended (42 U.S.C. § 9606(a))

20

21

22

23 ADMINISTRATIVE ORDER

FOR REMEDIAL DESIGN AND REMEDIAL ACTION

24"

25

26

27

28
1 TABLE OF CONTENTS

2

I. INTRODUCTION AND JURISDICTION 3

3

II. FINDINGS OF FACT. 3

4

III. CONCLUSIONS OF LAW AND DETERMINATIONS 6

5

IV. NOTICE TO THE STATE 7

6

V. ORDER 7

7

VI. DEFINITIONS 7

8

VII. NOTICE OF INTENT TO COMPLY 11

9

VIII. PARTIES BOUND 12

10

IX. WORK TO BE PERFORMED 13

11

X. ADDITIONAL WORK 19

12

XI. EPA PERIODIC REVIEW 20

13

XII. ENDANGERMENT AND EMERGENCY RESPONSE 20

14

XIII. COMPLIANCE WITH APPLICABLE LAWS 21

15

XIV. REMEDIAL PROJECT MANAGER 22

16

XV. SITE ACCESS AND DATA/DOCUMENT AVAILABILITY 23

17

XVI. RECORD PRESERVATION 26

18

XVII. DELAY IN PERFORMANCE 27

19

IVI11. ASSURANCE OF ABILITY TO COMPLETE WORK 28

20

XIX. UNITED STATES NOT LIABLE 29

21

XX. ENFORCEMENT AND RESERVATIONS 29

22

XXI. EFFECTIVE DATE AND COMPUTATION OF TIME 31

23

XXII. OPPORTUNITY TO CONFER 32

24

25

26

27

28
1 ADMINISTRATIVE ORDER

2 FOR REMEDIAL DESIGN AND REMEDIAL ACTION

3 I. INTRODUCTION AND JURISDICTION

4 This Administrative Order (the "Order") is issued by the

5 United States Environmental Protection Agency ("EPA") under the

6 authority vested in the President of the United States by Section

7 106(a) of the Comprehensive Environmental Response, Compensation,

8 and Liability Act of 1980, as amended ("CERCLA"), 42 U.S.C.

9 § 9606(a). This authority was delegated to the Administrator of

10 EPA on January 23, 1987, by Executive Order 12580 (52 Fed. Reg.

11 2926, January 29, 1987), and was further delegated to EPA

12 Regional Administrators on September 13, 1987 by EPA Delegation

13 No. 14-14-B. This Order is issued to Pilkington Visioncare, Inc.

14 and Sola Optical USA, Inc. (together referred to as "Respondent")

15 by EPA to perform the remedial design and remedial action as

16 described in the Record of Decision for the Sola Optical USA,

17 Site ("the Sola Optical Site" or "the Site"), dated September

18 27, 1991.

19 II. FINDINGS OF FACT

20 A. SITE DESCRIPTION

21 l. The Sola Optical Site includes the Sola Optical

22 property and the areal extent of contamination necessary for the

23 implementation of the response action. The Site is located in

24 the southeastern margin of the City of Petaluma, Sonoma County,

25 California. The City of Petaluma is in southern Sonoma County,

26 approximately 50 miles north of San Francisco. The facility

27 address is 1500 Cader Lane and is located just south of the

28 Lakeville Highway intersection with Route 101.
1 2. The 35 acre Sola Optical property is bordered on the

2 north by Lakeville Highway and open fields. Open fields also

3 border the south and southeast. To the northeast and across

4 Lakeville Highway is residential development and the location of

5 the City of Petaluma Station #5 Municipal Well. Industrial and

6 commercial facilities are adjacent to the east and west. Land

7 use in the site area is industrial. Land use adjacent to the

8 Site is primarily industrial with residential and agricultural

9 development.

10 3. The topography of the area and the site gently slopes

11 at a rate of 50 feet per mile from the low hills in the northeast

12 towards the Petaluma River, located about one mile south west of

13 the Sola Optical facility. The Site is underlain by a complex

14 sequence of interbedded clays, silts and sands, with lesser

15 amounts of gravel. Groundwater in shallow sediments in the site

16 vicinity is generally encountered at elevations 9 to 12 feet

17 below ground surface. The groundwater aquifer is unconfined and

18 generally flows in a south southwesterly direction towards the

19 Petaluma River.

20 4. The Sola Optical facility manufactures ophthalmic

21 lenses in a manufacturing building and has an adjacent

22 administration building. Sola Optical began operation in 1987.

23 Sola Optical previously stored 1,1,1-trichloroethane, acetone and

24 methanol in six 1,000 gallon underground storage tanks. In May

25 1982, Sola Optical identified low levels of solvents in

26 groundwater near the underground solvent storage tanks. In 1985

27 Sola Optical independently removed the underground tanks which

28 reportedly included back-fill and some native soil.

4
1 B. REGULATORY AND ENFORCEMENT HISTORY

2 1. Some combination of waste disposal, discharge or

3 handling of solvents in the vicinity of the former underground

4 storage tanks resulted in site soil and groundwater contamination

5 by chemicals described in the paragraphs above.

6 2. In 1983, the San Francisco Regional Water Quality

7 Control Board (SFRWQCB) directed Sola Optical to investigate the

8 groundwater at the Site. In 1987, the SFRWQCB issued Cleanup

9 Order #87-038. In response to the Order Sola Optical constructed

10 a groundwater extraction and treatment system which began

11 operation in August 1988.

12 3. In June 1988, EPA proposed the Sola Optical Site for

13 the National Priorities List (NPL).

14 4. In October 1989 negotiations with Sola to perform the

15 Remedial Investigation/Feasibility Study (RI/FS) resulted in an

16 EPA administrative consent order (docket #89-22).

17 5. In February 1990, EPA included the Sola Optical Site on

18 the NPL.

19 6. Sola Optical performed the RI and completed the RI

20 report on December 3, 1990.

21 7. Sola Optical performed the FS and completed the FS

22 report on June 10, 1991.

23 8. EPA's decision for the remedial action to be

24 implemented at the Site is embodied in a final Record of Decision

25 (ROD), executed on September 27, 1991, which the State supported.

26 The ROD is attached to this Order as Appendix 1 and is

27 incorporated by reference. The ROD is supported by an

28 Administrative Record that contains the documents and information

5
ll upon which EPA based the selection of the response action.

2 9. Sola Optical USA, Inc. is a subsidiary of Pilkington

3 Vision Care, Inc. There are no other identifiable potentially

4 responsible parties at this Site.

5 C. SITE CONTAMINATION

6 1. The primary contaminants of concern detected in soil

7 and soil gas at the Site were determined in the Risk Assessment

8 conducted by EPA to be present below health based standards and

9 did not pose a continuing threat to ground water.

10 2. The excess lifetime cancer risk presented by use of on11 site contaminated groundwater for drinking water is 1x10-4. The

12 primary contaminants of concern for groundwater include 1,1,1-

13 Trichloroethane, 1,1-Dichloroethane, 1,1-Dichloroethene and Freon

14 113. 1,1-Dichloroethene is a possible carcinogen.

15

16 III. CONCLUSIONS OF LAW AND DETERMINATIONS

17 A. The Sola Optical Site is a "facility" as defined in Section

18 101(9) of CERCLA, 42 U.S.C. § 9601(9).

19 B. The Respondent is a "person" as defined in Section 101(21)

20 Of CERCLA, 42 U.S.C. § 9601(21).

21 C. The Respondent is a "liable party" as owner and/or operator,

22 currently or at the time of disposal, as defined in Section

23 107(a) of CERCLA, 42 U.S.C. § 9607(a), and are subject to this

24 Order under Section 106(a) of CERCLA, 42 U.S.C. § 9606(a).

25 D. The substances listed in Section II, Paragraph C are found

26 at the Site and are "hazardous substances" as defined in Section

27 101(14) of CERCLA, 42 U.S.C. § 9601(14).

28 E. The past disposal and migration of hazardous substances from

6
1 the Site constitutes a "release" as defined in Section 101(22) of

2 CERCLA, 42 U.S.C. § 9601(22).

3 F. The potential for continued migration of hazardous

4 substances from the Site poses a threat of a "release" as

5 defined in Section 101(22) of CERCLA, 42 U.S.C. § 9601(22).

6 G. The release and threat of release of one or more hazardous

7 substances from the site may present an imminent and substantial

8 endangerment to the public health or welfare or the environment.

9 H. The actions required by this Order are necessary to protect

10 the public health, welfare, and the environment.

11 IV. NOTICE TO THE STATE

12 On December 9, 1991, prior to issuing this Order, EPA

13 notified the SFRWQCB of EPA's intent to issue this Order.

14 V. ORDER

15 Based on the foregoing, the Respondent is hereby ordered to

16 comply with the following provisions, including but not limited

17 to all appendices to this Order, all documents incorporated by

18 reference into this Order, and all schedules and deadlines in

19 this Order, attached to this Order, submitted or prepared by the

20 Respondent and approved by EPA, or incorporated by reference into

21 this Order:

22 VI. DEFINITIONS

23 Unless otherwise expressly provided herein, terms used in

24 this Order which are defined in CERCLA or in regulations

25 promulgated under CERCLA shall have the meaning assigned to them

26 in the statute or its implementing regulations. Whenever terms

27 listed below are used in this Order or in the documents attached

28 to this Order or incorporated by reference into this Order, the

7
1 following definitions shall apply:

2 "Cal-EPA" shall mean the Department of Toxic Substances

3 Control, a department of the California Environmental Protection

4 Agency, formerly the California Department of Health Services,

5 Toxic Substances Control Program (DHS).

6 "CERCLA" shall mean the Comprehensive Environmental

7 Response, Compensation, and Liability Act of 1980, as amended, 42

8 U.S.C. §S 9601 gt sea.

9 "Clean-up Standard(s)" shall mean the levels of clean-up,

10 and associated criteria, to be achieved in the groundwater.

11 These standards and associated criteria shall include those

12 identified in the ROD and the SOW and those established by the

13 applicable or relevant and appropriate requirements ("ARARs")

14 identified in the ROD and in the Scope of Work (SOW).

15 "Day" shall mean a calendar day unless expressly stated to

16 be a working day. "Working day" shall mean a day other than a

17 Saturday, Sunday, or federal holiday. In computing any period of

18 time under this Order, where the last day would fall on a

19 Saturday, Sunday, or federal holiday, the period shall run until

20 the end of the next working day.

21 "DFG" shall mean the California Department of Fish and Game.

22 "EPA" shall mean the United States Environmental Protection

2 3 Agency.

24 "SFRWQCB" shall mean the San Francisco Regional Water

25 Quality Control Board.

26 "National Contingency Plan" or "NCP" shall mean the National

27 Contingency Plan promulgated pursuant to Section 105 of CERCLA,

28 42 U.S.C. § 9605, codified at 40 C.F.R. Part 300, including any

8
1 amendments thereto.

2 "Operation and Maintenance" or "O&M" shall mean all

3 activities required under the Operation and Maintenance Plan

4 developed by the Respondent pursuant to this Order and Section

5 IX, (Work To Be Performed) and approved by EPA.

6 "Oversight" shall mean the United States' and/or its

7 contractors' inspection of response actions and all other actions

8 taken to verify the adequacy of all activities undertaken and

9 reports submitted by the Respondent as required under the terms

10 of this Order.

11 "Performance Standards" shall mean those cleanup standards,

12 standards of control, and other substantive requirements,

13 criteria or limitations, identified in the Record of Decision,

14 Section IX (Work To Be Performed) and the SOW, that the Remedial

15 Action and Work required by this Order must attain and maintain.

16 "Record of Decision" or "ROD" shall mean the EPA Record of

17 Decision relating to the Site, signed by the Regional

18 Administrator on September 27, 1991, all attachments and any

19 amendments thereto. (Attached as Appendix 1 to this Order)

20 "Remedial Action" or "RA" shall mean those response

21 activities to be undertaken by the Respondent to implement the

22 remedy selected in the ROD and set forth in the SOW attached as

23 Appendix 2 to this Order, including any additional activities

24 required under Sections IX, X, XI, XII, and XXI of this Order.

25 "Remedial Design" or "RD" shall mean those response

26 activities to be undertaken by the Respondent to develop any

27 final plans and specifications for the Remedial Action pursuant

28 to the SOW and this Order.

9
1 "Response Costs" shall mean all costs including,

2 administrative enforcement, removal, investigative and remedial

3 or other direct and indirect costs and accrued interest thereon,

4 incurred by the United States pursuant to CERCLA. Response costs

5 include but are not limited to oversight costs, which are the

6 costs of overseeing the Work, such as the costs of reviewing or

7 developing plans, reports and other items pursuant to this Order

8 and costs associated with verifying the Work.

9 "Section" shall mean a portion of this Order identified by a

10 roman numeral and includes one or more paragraphs.

11 "SOW" shall mean the Scope of Work for implementation of the

12 Remedial Action and Operation and Maintenance at the Site, as set

13 forth in Appendix 2 to this Order and any modifications made

14 under this Order.

15 "Site" or "the Sola Optical USA Superfund Site" shall mean

16 the Sola Optical property located at 1500 Cader Lane, Petaluma,

17 California, and the areal extent of contamination and all

18 suitable areas in very close proximity to the contamination

19 necessary for the implementation of the response action.

20 "State" shall mean the San Francisco Regional Water Quality

21 Control Board (SFRWQCB), the Department of Toxic Substances

22 Control (Cal-EPA), and the California Department of Fish and Game

23 (DFG).

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

25 "Waste Material" shall mean (1) any "hazardous substance"

26 under Section 101(14) of CERCLA, 42 U.S.C. § 9601(14); (2) any

27 "pollutant" or "contaminant" under Section 101(33); or (3) any

28 "hazardous waste" under Section 1004(5) of RCRA, 42 U.S.C.

10
1 § 6903(5), and any "solid waste" under Section 1004(27) of RCRA,

2 42 U.S.C. S 6903(27).

3 "Work" shall mean all response activities Respondent is

4 required to perform under this Order, including any Remedial

5 Design, Remedial Action, Operation and Maintenance, and any

6 activities required to be undertaken pursuant to the SOW,

7 Sections IX (Work To Be Performed) through XVIII (Assurance of

8 Ability To Complete Work).

9 "Work Plan" shall mean the work plan developed by the

10 Respondent and approved by EPA which details the work to be

11 conducted pursuant to this Order.

12 VII. NOTICE OF INTENT TO COMPLY

13 The Respondent shall provide, not later than 7 days after

14 the effective date of this Order, written notice to EPA's

15 Remedial Project Manager (RPM) stating the Respondent's intent to

16 comply with the terms of this Order. If the Respondent does not

17 unequivocally commit to perform the remedial action as provided

18 by this Order, so refusing shall be deemed to have violated this

19 Order and to have failed or refused to comply with this Order.

20 The Respondent's written notice shall describe, using facts that

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

22 "sufficient cause" defenses asserted by Respondent, or any one of

23 them, under Sections I06(b) and 107(c)(3) of CERCLA, 42 U.S.C.

24 §§ 9606(b), 9607(c)(3). The absence of a response by EPA to the

25 notice required by this paragraph shall not be deemed to be

26 acceptance of the Respondent's assertions.

27

28

11
1 VIII. PARTIES BOUND

2 A. This Order shall apply to and be binding upon the

3 Respondent identified and their directors, officers, employees,

4 agents, successors, and assigns. The Respondent is jointly and

5 severally responsible for carrying out all activities required by

6 this Order. No change in the ownership, corporate status, or

7 other control of the Respondent shall alter any of the

8 Respondent's responsibilities under this Order.

9 B. The Respondent shall provide a copy of this Order to any

10 prospective successors before a controlling interest in

11 Respondent's assets, property rights, or stock are transferred to

12 the prospective successor. The Respondent shall provide a copy

13 of this Order to each contractor, sub-contractor, laboratory, or

14 consultant retained to perform any Work under this Order, within

15 five days after the effective date of this Order or on the date

16 such services are retained, whichever date occurs later. The

17 Respondent shall also provide a copy of this Order to each person

18 representing them, or any one of them, with respect to the Site

19 or the Work and shall condition all contracts and subcontracts

20 entered into hereunder upon performance of the Work in conformity

21 with the terms of this Order. With regard to the activities

22 undertaken pursuant to this Order, each contractor and

23 subcontractor shall be deemed to be related by contract to the

24 Respondent within the meaning of Section 107(b)(3) of CERCLA, 42

25 U.S.C. S 9607(b)(3). Notwithstanding the terms of any contract,

26 the Respondent is responsible for compliance with this Order and

27 for ensuring that its contractors, subcontractors and agents

28 comply with this Order, and perform any Work in accordance with

12
1 this Order.

2 C. Within ten (10) days after the effective date of this

3 Order, the Respondent shall record a copy of this Order in the

4 appropriate governmental office where land ownership and transfer

5 records are filed or recorded. The Respondent shall, within 15

6 days after the effective date of this Order, send notice of such

7 recording to EPA.

8 IX. WORK TO BE PERFORMED

9 A. GENERAL OBLIGATIONS

10 1. The Respondent shall cooperate with EPA and the State in

11 providing information regarding the Work to the public. As

12 requested by EPA, the Respondent shall participate in the

13 preparation of such information for distribution to the public

14 and in public meetings which may be held or sponsored by EPA to

15 explain activities at or relating to the Site.

16 2. Notwithstanding any approvals which may be granted by

17 the United States or other governmental entities, the Respondent

18 shall assume any and all liability arising from or relating to

19 their contractors, subcontractors, or any other person acting on

20 their behalf in the performance of the remedial action components

21 or their failure to perform fully or complete the remedial action

2 2 components.

23 3. The Respondent shall appoint a representative ("Project

24 Coordinator") to act on their behalf to execute the remedial

25 action components. Within 7 days after the effective date of

26 this Order, the Respondent shall notify EPA in writing of the

27 name and qualifications of the Project Coordinator, including the

28 support entities and staff, proposed to be used in carrying out

13
1 Work under this Order. If at any time the Respondent proposes to

2 use a different Project Coordinator, the Respondent shall notify

3 EPA in advance and shall obtain approval from EPA before the new

4 Project Coordinator performs any Work under this Order.

5 4. EPA will review the Respondent's selection of a Project

6 Coordinator according to the terms of this paragraph. If EPA

7 disapproves of the selection of the Project Coordinator, the

8 Respondent shall submit to EPA within 30 days after receipt of

9 EPA's disapproval of the Project Coordinator previously selected,

10 a list of Project Coordinators, including primary support

11 entities and staff, that would be acceptable to the Respondent.

12 EPA will thereafter provide notice to the Respondent of the names

13 of the Project Coordinators that are acceptable to EPA. The

14 Respondent may then select any approved Project Coordinator from

15 that list and shall notify EPA of the name of the Project

16 Coordinator selected within twenty-one (21) days of EPA's

17 designation of approved Project Coordinators.

18 5. While the Respondent may collect, stage, and secure

19 materials on-site, they shall not, in performance of response

20 activities under this Order, treat and redispose of material upon

21 the Site without the presence and/or approval of EPA or EPA's

22 designated oversight personnel.

23 6. The Respondent shall dispose of any materials taken

24 off-site in compliance with the EPA's Revised Procedures for

25 Implementing Off-Site Response Actions ("Off-site Policy" EPA

26 OSWER Directive 9834.11, November 13, 1987) and any amendments

27 thereto, and the California Code of Regulations (CCR), Title 22,

28 Chapter 30, Article 6.5, Requirements for Transporters of

14
1 Hazardous Waste.

2 7. The Respondent shall submit all reports (daily, weekly,

3 monthly, etc.) prepared by their contractors and subcontractors

4 to EPA's designated oversight personnel, and to the State

5 according to the notice provisions and schedules set forth in the

6 SOW.

7 8. The Respondent shall sample and monitor groundwater as

8 specified in the SOW.

9

10 B. IDENTIFICATION OF AND OBLIGATIONS REGARDING DOCUMENTS TO BE

11 SUBMITTED TO EPA

12 1. Remedial Design/Remedial Action Work Plan; Within 30

13 days of the effective date of this Order, the Respondent shall

14 submit a Remedial Design/Remedial Action Work Plan to EPA and the

15 State. The Remedial Design/Remedial Action Work Plan shall

16 provide for design of the remedy set forth in the ROD in

17 accordance with the SOW and, upon its approval by EPA, shall be

18 incorporated into and become enforceable under this Order. In

19 accordance with the attached SOW, the Respondent shall submit to

20 EPA and a revised Health and Safety Plan for field design

21 activities which conforms to the applicable Occupational Safety

22 and Health Administration and EPA requirements including, but not

23 limited to, 29 C.F.R. § 1910.120.

24 a. The Remedial Design/Remedial Action Work Plan shall

25 include plans and schedules for implementation of all remedial

26 design tasks identified in the SOW.

27 b. Upon approval by EPA of the Remedial

28 Design/Remedial Action Work Plan, the Respondent shall submit all

15
1 plans, submittals and other deliverables required under the Work

2 Plan.

3 c. The Remedial Design/Remedial Action Work Plan

4 submittal shall include, at a minimum, the following: (1)

5 preliminary plans, drawings and sketches; (2) well design

6 construction diagrams; (3) required specifications in outline

7 form; (4) preliminary construction schedule; (5) Health and

8 Safety Plan; (6) Sample Plan protocol; and (7) construction

9 quality assurance project plan (CQAPP).

10 d. The CQAPP, which shall detail the approach to

11 quality assurance during construction activities at the site,

12 shall specify a quality assurance official ("QA Official"), to

13 conduct a quality assurance program during the construction phase

14 of the project.

15 e. The Remedial Design/Remedial Action Work Plan

16 shall contain a "Operation and Maintenance Plan". The Operation

17 and Maintenance Plan shall provide a description of planned O&M

18 activities including frequency of groundwater monitoring,

19 reporting and compliance reviews. Upon its approval by EPA, the

20 Remedial O&M Plan shall be incorporated into and become

21 enforceable under this Order.

22 f. The Operation and Maintenance Plan shall contain

23 all items specified in the attached SOW, including the following:

24 (1) procedures and plans for the decontamination of equipment and

25 the disposal of contaminated materials, and (2) a description of

26 the monitoring plan to be implemented to demonstrate compliance

27 with ROD standards through confirmation sampling.

28 2. Quarterly Progress Reports

16
1 a. Within 90 days after the issuance of the order, the

2 Respondent shall submit to EPA and the State, the first quarterly

3 progress report. The progress reports shall include, but not be

4 limited to the information as described in the SOW.

5 3. After review of any deliverable, plan, report, or other

6 item which is required to be submitted for review and approval

7 pursuant to this Order, EPA may: (a) approve the submission; (b)

8 approve the submission with modifications; (c) disapprove the

9 submission and direct Respondent to re-submit the document after

10 incorporating EPA's comments; or (d) disapprove the submission

11 and assume responsibility for performing all or any part of the

12 response action. As used in this Order, the terms "approval by

13 EPA", "EPA approval" or a similar term mean the action described

14 in subparagraphs (a) or (b) of this paragraph.

15 4. In the event of approval or approval with modifications

16 by EPA, the Respondent shall proceed to take any action required

17 by the deliverable, plan, report, or other item, as approved or

18 modified by EPA.

19 5. Upon receipt of the notice of disapproval or a request

20 for modification, the Respondent shall, within fourteen (14)

21 days, correct the deficiencies and resubmit the deliverable,

22 plan, report or other item for approval. Notwithstanding the

23 notice of disapproval, the Respondent shall proceed, at the

24 direction of EPA, to take any action required by any

25 non-deficient portion of the submission.

26 6. If any submission is not approved by EPA, the Respondent

27 shall be deemed to be in violation of this Order.

28

17
1 C. ADDITIONAL OBLIGATIONS

2 1. Neither the Work Plan nor any approvals, permits or

3 other permissions which may be granted by EPA related to this

4 Order constitute a warranty or representation of any kind by the

5 United States that the Work Plan will achieve the standards set

6 forth in the ROD, and in the SOW, and shall not foreclose the

7 United States from seeking performance of all terms and condi8 tions of this Order.

9 Nothing in this Order shall be construed to relieve the

10 Respondent of its obligations to achieve all Clean-up Standards

11 and Performance Standards set forth in the ROD and in the SOW.

12 Following termination of this Order, if post- termination

13 monitoring indicates that the groundwater Clean-up Standards are

14 being exceeded, the Respondent shall recommence treatment of the

15 groundwater until Clean-up Standards have been achieved.

16 2. The Respondent shall meet all Clean-up Standards and

17 Performance Standards identified in the ROD and the SOW,

18 including, but not limited to those set forth in Section III of

19 the SOW.

20 3. In the event EPA determines that the Respondent has

21 failed to implement the Remedial Action or any portions thereof

22 in a timely or adequate manner, EPA or its designee may perform

23 such portions of the Remedial Action as EPA determines may be

24 necessary. If EPA performs all or portions of the Remedial

25 Action because of the Respondent's failure to comply with their

26 obligations under this Order, the Respondent shall be liable to

27 EPA for the costs of doing such work pursuant to Section 107(a)

28 of CERCLA, plus civil penalties as set forth in Section XX.E of

18
1 this Order.

2 X. ADDITIONAL WORK

3 A. In the event that EPA or the Respondent determines that

4 additional response work is necessary to protect human health and

5 the environment, to carry out the remedy described in the ROD or

6 to meet the Performance or Clean-up Standards described in the

7 ROD, the SOW, or in Section IX (Work To Be Performed) of this

8 Order, the Respondent shall implement such additional work.

9 Notification of any additional work will be provided to the

10 Project Coordinator.

11 B. Unless otherwise stated by EPA, within 30 days of

12 receipt of notice by EPA that additional work is necessary

13 pursuant to this Section, the Respondent shall submit a work plan

14 as specified by EPA. The plan shall conform to the requirements

15 in Section IX (Work To Be Performed).

16 C. Any additional work determined to be necessary by the

17 Respondent is subject to approval by EPA.

18 D. Any additional work determined to be necessary by the

19 Respondent and approved by EPA, or determined to be necessary by

20 EPA to protect human health and the environment, to carry out the

21 remedy described in the ROD or to meet the Performance or Clean22 up Standards, shall be completed by the Respondent in accordance

23 with the standards, specifications, and schedules approved by

24 EPA.

25 E. If EPA disapproves the plan pursuant to the provisions

26 of Section IX (Work To Be Performed), within 14 days of such

27 disapproval, the Respondent, consistent with Section IX (Work to

28 Be Performed), shall submit a modified plan.

19
1 F. The Respondent shall promptly implement the plan as

2 approved or modified by EPA.

3 XI. EPA PERIODIC REVIEW

4 Under Section 121(c) of CERCLA, 42 U.S.C. S 962l(c), and any

5 applicable regulations, EPA may review conditions at the Site to

6 assure that the work performed pursuant to this Order adequately

7 protects human health and the environment. Until such time as

8 EPA certifies completion of the work, the Respondent shall

9 conduct the requisite studies, investigations, or other response

10 actions as determined necessary by EPA in order to permit EPA to

11 conduct the review under Section 121(c) of CERCLA. As a result

12 of any review performed under this paragraph, Respondent may be

13 required to perform additional work or to modify work previously

14 performed.

15 XII. ENDANGERMENT AND EMERGENCY RESPONSE

16 A. In the event of any action or occurrence during the

17 performance of the Work which causes or threatens to cause a

18 release of a hazardous substance or which may present an

19 immediate threat to public health or welfare or the environment,

20 the Respondent shall immediately take all appropriate action to

21 prevent, abate, or minimize the threat, and shall immediately

22 notify the State and EPA Remedial Project Managers. If EPA's RPM

23 is not available, the Respondent shall notify the EPA Emergency

24 Response Section, Region 9. The Respondent shall take such

25 action in consultation with EPA's RPM (or the EPA Emergency

26 Response Section, Region 9, if the RPM is not available) and in

27 accordance with all applicable provisions of this Order,

28 including but not limited to the Health and Safety Plan and the

20
1 Contingency Plan. In the event that the Respondent fails to take

2 the appropriate response action as required by this Section, and

3 EPA takes that action instead, the Respondent shall be liable to

4 EPA for all costs of the response action pursuant to Section 107

5 of CERCLA.

6 B. Nothing in the preceding paragraph shall be deemed to

7 limit any authority of the United States or the State to take,

8 direct, or order all appropriate action to protect human health

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

10 or threatened release of hazardous substances on, at, or from the

11 Site.

12 XIII. COMPLIANCE WITH APPLICABLE LAWS

13 A. Except as provided in Section 121(e) of CERCLA and the

14 NCP, no permit shall be required for any portion of the work

15 conducted entirely on-Site; however, the Respondent shall meet

16 all substantive requirements of ARARs as set forth in the ROD.

17 Where any portion of the Work requires a Federal or state permit

18 or approval, the Respondent shall submit timely applications and

19 take all other actions necessary to obtain and to comply with all

20 such permits or approvals.

21 B. All activities conducted by the Respondent pursuant to

22 this Order shall be performed in accordance with the

23 requirements of all Federal and state laws and regulations. EPA

24 has determined that the activities contemplated by this Order are

25 consistent with the National Contingency Plan (NCP).

26 C. This Order is not, and shall not be construed to be, a

27 permit issued pursuant to any Federal or state statute or

28 regulation.

21
1 XIV. EPA REMEDIAL PROJECT MANAGER: STATE PROJECT MANAGERS

2 A. All communications, whether written or oral, from the

3 Respondent to EPA shall be directed to EPA's Remedial Project

4 Manager (RPM). The Respondent shall submit to EPA two copies,

5 and one copy to the SFRWQCB, of all deliverables, documents,

6 including plans, reports, and other correspondence, which are

7 developed pursuant to this Order, and shall send these documents

8 by overnight mail.

9 EPA's Remedial Project Manager is:

10 Michael Montgomery

EPA, Region IX

11 75 Hawthorne St H-7-1

San Francisco, CA 94105

12

B. EPA has the unreviewable right to change its Remedial

13

Project Manager. If EPA changes its Remedial Project Manager,

14

EPA will inform the Respondent in writing of the name, address,

15

and telephone number of the new Remedial Project Manager.

16

C. EPA's RPM shall have the authority lawfully vested in a

17

Remedial Project Manager (RPM) and On-Scene Coordinator (OSC) by

18

the National Contingency Plan, 40 C.F.R. Part 300. EPA's RPM

19

shall have authority, consistent with the National Contingency

20

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

21

necessary response action.

22

D. All communications, whether written or oral, from the

23

Respondent to the State shall be directed to State project

24

managers as follows:

25

As to the SFRWOCB:

26

Cecil Felix

27 Project Coordinator

Regional Water Quality Control Board

28 San Francisco Region

22
1 1800 Harrison st. Suite 700

Oakland, CA. 94612

2

As to Cal-EPA;

3

David Clark

4 Department of Toxic Substances Control

50 D st.

5 Santa Rosa, CA 95404

6

XV. SITE ACCESS AND DATA/DOCUMENT AVAILABILITY

7

A. To the extent that the Site or other areas where work is

8

to be performed under this Order is presently owned or controlled

9

by parties other than those bound by this Order and to the extent

10

that access to or easements over property is required for the

11

proper and complete performance of this Order, the Respondent

12

shall cooperate and work in conjunction with the present owners

13

or those persons who have control over the property, including

14

lessees, to obtain access agreements within sixty (60) days of

15

the effective date of this Order. Site access agreements shall

16

provide access to EPA, its contractors and representatives, and

17

to the Respondent and their contractor(s) and authorized

18

representatives, and such agreements shall specify that the

19

Respondent is not EPA's representatives with respect to liability

20

associated with Site activities.

21

B. The Respondent shall save and hold harmless the United

22

States and its officials, agents, employees, contractors, sub23

contractors, or representatives for or from any and all claims or

24

causes of action or other costs incurred by the United States

25

including but not limited to attorneys fees and other expenses of

26

litigation and settlement arising from or on account of acts or

27

omissions of Respondent, their officers, directors, employees,

28

23
1 agents, contractors, subcontractors, and any persons acting on

2 their behalf or under their control, in carrying out activities

3 pursuant to this Order.

4 C. In the event that site access agreements are not

5 obtained within the sixty (60) day period, the Respondent shall

6 notify EPA within sixty five (65) days of the effective date of

7 this Order regarding both the lack of, and efforts to obtain,

8 such agreements. If the Respondent fails to gain access within

9 60 days, it shall continue to use best efforts to obtain access

10 until access is granted. For purposes of this paragraph, "best

11 efforts" includes but is not limited to, seeking judicial

12 assistance and the payment of money as consideration for access.

13 D. The Respondent or any of its agents or representatives

14 shall allow EPA and its authorized representatives and

15 contractors, the State and its authorized representatives and

16 contractors, to enter and freely move about all property at the

17 Site and off-Site areas subject to or affected by the work under

18 this Order or where documents required to be prepared or

19 maintained by this Order are located, for the purposes of in20 specting conditions, activities, the results of activities,

21 records, operating logs, and contracts related to the Site or the

22 Respondent and its representatives or contractors pursuant to

23 this Order; reviewing the progress of the Respondent in carrying

24 out the terms of this Order; conducting tests as EPA or its

25 authorized representatives or contractors deem necessary; using a

26 camera, sound recording device or other documentary type

27 equipment; and verifying the data submitted to EPA by the

28 Respondent. The Respondent shall allow EPA and its authorized

24
1 representatives to enter the Site, to inspect and copy all

2 records, files, photographs, documents, sampling and monitoring

3 data, and other writings related to work undertaken in carrying

4 out this Order. Nothing herein shall be interpreted as limiting

5 or affecting EPA's right of entry or inspection authority under

6 Federal law.

7 E. The Respondent may assert a claim of business

8 confidentiality covering part or all of the information submitted

9 to EPA pursuant to the terms of this Order under 40 C.F.R.

10 § 2.203, provided such claim is not inconsistent with Section

11 104(e)(7) of CERCLA, 42 U.S.C. § 9604(e)(7) or other provisions

12 of law. This claim shall be asserted in the manner described by

13 40 C.F.R. S 2.203(b) and substantiated by the Respondent at the

14 time the claim is made. Information determined to be

15 confidential by EPA will be given the protection specified in 40

16 C.F.R. Part 2. If no such claim accompanies the information when

17 it is submitted to EPA, it may be made available to the public by

18 EPA or the state without further notice to the Respondent. The

19 Respondent shall not assert confidentiality claims with respect

20 to any data related to Site conditions, sampling, or monitoring.

21 F. The Respondent shall maintain for the period during

22 which this Order is in effect, an index of any materials,

23 records or documents relating to activities at the Site or to the

24 implementation of this Order, that the Respondent claims contain

25 confidential business information. The index shall contain, for

26 each item, the date, author, addressee, and subject of the item.

27 Upon written request from EPA, the Respondent shall submit a copy

28 of the index to EPA.

25
1 G. Any person obtaining access to the Site pursuant to this

2 provision shall comply with all applicable provisions of the

3 Worker Health and Safety Plan as submitted pursuant to the SOW.

4 H. Not withstanding any provision of this Order, the United

5 States retains all of its access authorities and rights under

6 CERCLA, RCRA and any other applicable federal statute or

7 authority.

8 I. The Respondent shall provide to EPA upon request, copies

9 of all documents and information within their possession and/or

10 control or that of its contractors or agents relating to

11 activities at the Site or to the implementation of this Order,

12 including but not limited to sampling, analysis, chain-of-custody

13 records, manifests, trucking logs, receipts, reports, sample

14 traffic routing, correspondence, or other documents or

15 information related to the Work. The Respondent shall also make

16 available to EPA for purposes of investigation, information

17 gathering, or testimony, its employees, agents, or

18 representatives with knowledge of relevant facts concerning the

19 performance of the work.

20 XVI. RECORD PRESERVATION

21 A. For a period of ten (10) years following the date upon

22 which EPA provides notice to the Respondent that the work has

23 been completed, the Respondent shall preserve and retain all

24 records and documents in their possession or control, including

25 the documents in the possession or control of their contractors

26 and agents on and after the effective date of this Order that

27 relate in any manner to the Site. At the conclusion of this

28 document retention period, the Respondent shall notify the United

26
1 States at least ninety (90) calendar days prior to the

2 destruction of any such records or documents, and upon request by

3 the United States, the Respondent shall deliver any such records

4 or documents to EPA.

5 B. Within 10 days after the effective date of this Order,

6 the Respondent shall submit to EPA a certification, signed by an

7 appropriate responsible corporate official, that states that to

8 the best of the official's knowledge and belief, after a thorough

9 investigation of that Respondent's officers, directors,

10 employees, agents, contractors, subcontractors or any person

11 familiar with the information described in the certification,

12 that it has not altered, mutilated, discarded, destroyed or

13 otherwise disposed of any records, documents or other information

14 relating to its potential liability with regard to the Site since

15 notification of potential liability by the United States or the

16 State or the filing of suit against it regarding the Site and

17 that it has fully complied with any and all EPA requests for

18 information pursuant Section 104(e) and 122(e) of CERCLA, 42

19 U.S.C. §§ 9604(e), 9622(e). The Respondent shall not dispose of

20 any such documents without prior approval by EPA. The Respondent

21 shall, upon EPA's request and at no cost to EPA, deliver the

22 documents or copies of the documents to EPA.

23 XVII. DELAY IN PERFORMANCE

24 A. Any delay in performance of this Order that, in EPA's

25 judgment, is not justified by the Respondent under the terms of

26 this Section shall be considered a violation of this Order. Any

27 delay in performance of this Order shall not affect the

28 Respondent's obligations to fully perform all obligations under

27
1 the terms and conditions of this Order.

2 B. The Respondent shall notify EPA and the State of any

3 delay or anticipated delay in performing any requirement of this

4 Order. Such notification shall be made by telephone to EPA's RPM

5 within forty eight (48) hours after the Respondent first knew or

6 should have known that a delay might occur. The Respondent shall

7 adopt all reasonable measures to avoid or minimize any such

8 delay. Within five (5) business days after notifying EPA by

9 telephone, the Respondent shall provide written notification

10 fully describing the nature of the delay, any justification for

11 delay, any reason why the Respondent should not be held strictly

12 accountable for failing to comply with any relevant requirements

13 of this Order, the measures planned and taken to minimize the

14 delay, and a schedule for implementing the measures that will be

15 taken to mitigate the effect of the delay. Increased costs or

16 expenses associated with implementation of the activities called

17 for in this Order is not a justification for any delay in

18 performance.

19 XVIII. ASSURANCE OF ABILITY TO COMPLETE WORK

20 A. The Respondent shall demonstrate its ability to complete

21 the work required by this Order and to pay all claims that arise

22 from the performance of the work by obtaining and presenting to

23 EPA within thirty (30) days after approval of the Work Plan, one

24 of the following: (1) a performance bond; (2) a letter of credit;

25 (3) a guarantee by a third party; or (4) internal financial in26 formation to allow EPA to determine that the Respondent has

27 sufficient assets available to perform the Work. The Respondent

28 shall demonstrate financial assurance in an amount no less than

28
1 the estimate of cost for the Remedial Design and Remedial Action.

2 If the Respondent seeks to demonstrate ability to complete the

3 Remedial Action by means of internal financial information, or by

4 guarantee of a third party, they shall re-submit such information

5 annually, on the anniversary of the effective date of this Order.

6 If EPA determines that such financial information is inadequate,

7 the Respondent shall, within thirty (30) days after receipt of

8 EPA's notice of determination, obtain and present to EPA for

9 approval one of the other three forms of financial assurance

10 listed above.

11 B. At least seven (7) days prior to commencing any work at

12 the Site pursuant to this Order, the Respondent shall submit to

13 EPA a certification that the Respondent or its contractors and

14 subcontractors have adequate insurance coverage or have

15 indemnification for liabilities for injuries or damages to

16 persons or property which may result from the activities to be

17 conducted by or on behalf of the Respondent pursuant to this

18 Order. The Respondent shall ensure that such insurance or

19 indemnification is maintained for the duration of performance of

20 the Work required by this Order.

21 XIX. UNITED STATES NOT LIABLE

22 The United States, by issuance of this Order, assumes no

23 liability for any injuries or damages to persons or property

24 resulting from acts or omissions by the Respondent, or its

25 directors, officers, employees, agents, representatives,

26 successors, assigns, contractors, or consultants in carrying out

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

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

29
1 entered into by the Respondent or its directors, officers,

2 employees, agents, successors, assigns, contractors, or

3 consultants in carrying out any action or activity pursuant to

4 this Order.

5 XX. ENFORCEMENT AND RESERVATIONS

6 A. EPA reserves the right to bring an action against the

7 Respondent under Section 107 of CERCLA, 42 U.S.C. § 9607, for

8 recovery of any response costs incurred by the United States

9 related to this Order and not reimbursed by the Respondent. This

10 reservation shall include but not be limited to past costs not

11 recovered by EPA, direct costs, indirect costs, the costs of

12 oversight, the costs of compiling the cost documentation to

13 support oversight cost demand, as well as accrued interest as

14 provided in Section 107(a) of CERCLA.

15 B. Notwithstanding any other provision of this Order, at any

16 time during the response action, EPA may perform its own studies,

17 complete the response action (or any portion of the response

18 action) and seek reimbursement from the Respondent for its costs,

19 or seek any other appropriate relief.

20 C. Nothing in this Order shall preclude EPA from taking any

21 additional enforcement actions, including modification of this

22 Order to include performance of all remedial design and remedial

23 action as set forth in the ROD, or issuance of additional Orders,

24 and/or additional remedial or removal actions as EPA may deem

25 necessary, or from requiring the Respondent in the future to

26 perform additional activities pursuant to CERCLA, 42 U.S.C.

27 § 9606(a), et seq.. or any other applicable law. The Respondent

28 shall be liable under CERCLA Section 107(a), 42 U.S.C. § 9607(a),

30
1 for the costs of any such additional actions.

2 D. Notwithstanding any provision of this Order, the United

3 States hereby retains all of its information gathering,

4 inspection and enforcement authorities and rights under CERCLA,

5 RCRA and any other applicable statutes or regulations.

6 E. The Respondent shall be subject to civil penalties under

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

8 $25,000 for each day in which Respondent willfully violates, or

9 fails or refuses to comply with this Order without sufficient

10 cause. In addition, failure to properly provide response action

11 under this Order, or any portion hereof, without sufficient

12 cause, may result in liability under Section 107(c)(3) of CERCLA,

13 42 U.S.C. § 9607(c)(3), for punitive damages in an amount at

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

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

16 proper action.

17 F. Nothing in this Order shall constitute or be construed as

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

19 equity against any person for any liability it may have arising

20 out of or relating in any way to the Site.

21 G. If a court issues an order that invalidates any provision

22 of this Order or finds that the Respondent has sufficient cause

23 not to comply with one or more provisions of this Order, the

24 Respondent shall remain bound to comply with all provisions of

25 this Order not invalidated by the court's order.

26 XXI. EFFECTIVE DATE AND COMPUTATION OF TIME

27 This Order shall be effective when the Order is signed by

28 the Director, Hazardous Waste Management Division. All times for

31
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3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

performance of ordered activities shall be calculated from this

effective date.

XXII. OPPORTUNITY TO CONFER

A. The Respondent may confer with EPA's Deputy Director for

Superfund, Hazardous Waste Management Division, or whomever the

Deputy Director for Superfund may designate, to discuss this

Order. The conference shall occur on either January 30th or

January 31st, 1992, at 75 Hawthorne Street, San Francisco,

California.

B. The purpose and scope of the conference shall be limited

to issues involving the implementation of the response actions

required by this Order and the extent to which the Respondent

intends to comply with this Order. This conference is not an

evidentiary hearing, and does not constitute a proceeding to

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

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

liability, and no official stenographic record of the conference

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

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

other representative.

Notification of the preferred conference date for the

Respondent must be made by the Respondent by telephone within 7

days of receipt of this Order, to Michael Montgomery, at (415)

744-2403.

So Ordered, this 9th day of January, 1992.

BY:

Jeff Zelikson, Director

ardous Waste Management Division

U.S. Environmental Protection Agency, Region IX

32
APPENDIX

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33

SCOPE OF WORK

FOR

THE REMEDIAL DESIGN AND ACTION

AT

THE SOLA OPTICAL SITE

PETALUMA, SONOMA COUNTY, CALIFORNIA

I. PURPOSE

The purpose of this Scope of Work (SOW) is to fully implement

the Record of Decision (ROD) for the Sola Optical Site which was

signed by the Regional Administrator on September 27, 1991. The

U.S. EPA Superfund Remedial Design and Remedial Action Guidance

(OSWER Directive 9355.0-04A, June 1986), the Final Record of

Decision, the approved Remedial Design/Remedial Action (RD/RA) Work

Plan (to be developed as a submittal under this SOW), this SOW, and

any additional guidance provided by EPA shall be followed in

designing, implementing, and submitting documents for the Remedial

Action at the Sola Optical Site.

II. DESCRIPTION OF THE REMEDIAL ACTION

This SOW identifies the clean-up standards and specifications

of the major components of the Remedial Action for the Sola Optical

Site which shall be designed and implemented by the Respondent.

The major components of the Remedial Action are as follows:

Component 1: Operate existing extraction wells (8) and

enhance system through construction and

operation of two (2) additional shallow

extraction wells, conversion of deep monitoring

SOLASOW.TXT 8/15/91
1 wells to deep extraction wells and the

2 construction and operation of additional piping

3 for the new and converted wells.

4

5 Component 2: Groundwater monitoring to demonstrate hydraulic

6 capture of contaminated groundwater and to

7 demonstrate restoration of groundwater to

8 cleanup standards throughout the aquifer.

9 The Respondent shall prepare a Remedial Design/Remedial

10 Action work plan as specified in this SOW. A description of the

11 components and required plans are provided in the following

12 section.

13

14 A. Documentation of Existing Systems

15 The Respondent shall describe in the Remedial Design/Remedial

16 Action Work Plan the existing extraction and treatment system. All

17 areas of pertinent operations should be described including but not

18 limited to; locations of clean equipment and materials staging and

19 storage areas, the equipment and personnel decontamination areas,

20 the water treatment facility and associated tanks and piping,

21 groundwater extraction well field, and the location of treated

22 water disposal or discharge points and facilities.

23 The performance of the treatment system will be monitored on a

24 regular basis and reported to EPA. EPA may require adjustments to

25 the treatment system as warranted by the treatment system

26 monitoring results. Examples of adjustments can include changes in

27 flow and pumping rates, changes in treatment scheme, or the

28 addition of effluent polishing procedures.

29 The Respondent shall handle and dispose of hazardous residuals

30 from the treatment facility in a manner that is protective of human

SOLASOW.TXT 2 8/15/91
1 health and the environment and in compliance with Federal and State

2 regulations.

3 The Respondent shall identify in the Remedial Design/Remedial

4 Action Work Plan and then design as appropriate the disposal method

5 for groundwater. Disposal options available to the Respondent

6 include, but are not limited to, on-site treatment and discharge

7 off-site or discharge to the City of Petaluma sewage treatment

8 system.

9 B. Additional Components required to Enhance the Extraction

10 System

11 The Respondent shall design and construct the components of an

12 extraction system capable of restoring the groundwater in the

13 aquifer to the ROD cleanup standards. The additional components of

14 the extraction system shall include two additional shallow

15 extraction wells, conversion of two deep monitoring wells to

16 extraction wells, pumps and piping of sufficient size to transport

17 water to the water treatment facility or discharge point.

18 Extraction of contaminated groundwater shall continue until levels

19 of contaminants in groundwater are reduced to the ROD cleanup

20 standards at the point of compliance. The point of compliance is

21 defined as the entire aquifer within or adjacent to the site.

22 C. Groundwater Monitoring and Achievement of Clean-up Standards

23 The Respondent shall sample and analyze water at various wells

24 within the monitoring system to demonstrate the effectiveness of

25 the system in restoring the groundwater to ROD cleanup standards.

26 Depths, locations and frequency of sampling shall be identified in

SOLASOW.TXT 3 8/15/91
1 the Remedial Design/Remedial Action Work Plan. The Respondent

2 shall establish a network of monitoring wells within and adjacent

3 to the contaminated aquifer. The wells to be sampled and the

4 frequency of sampling shall be identified in the Remedial

5 Design/Remedial Action Work Plan and implemented as approved by

6 EPA.

SOLASOW.TXT 4 8/15/91
1 The Respondent shall monitor groundwater quality and the

2 effectiveness of the extraction system on a regular basis. Based

3 on the performance data, EPA will periodically re-evaluate the

4 remedy every five years with the first evaluation in October 1993.

5 It may become apparent, during implementation or operation of

6 the groundwater extraction system, that contaminant levels have

7 ceased to decline and are remaining constant at levels higher than

8 the cleanup standards. Based on the performance data, operation of

9 the extraction system will be adjusted as warranted if so

10 determined during the periodic EPA evaluations. EPA may also

11 require adjustments to the monitoring system.

12 D. Post-extraction Compliance Monitoring

13 EPA will determine the duration of the compliance monitoring,

14 following the completion of the extraction system operations, based

15 on data trends in groundwater concentrations of residual

16 contaminants. Periodic review of the compliance monitoring system

17 shall occur at the same five year intervals as the remedy re18 evaluations in Section II.(C). EPA and the State shall review the

19 need to continue the compliance monitoring requirement. If

20 groundwater compliance monitoring indicates that the concentration

21 of contaminants has increased above aquifer clean-up standards

22 after cessation of pumping, the Respondent shall notify EPA and

23 reactivate the groundwater extraction and treatment systems.

24

25

26

27

28

SOLASOW.TXT 5 8/15/91
1 III. CLEAN-UP STANDARDS

2 The Respondent shall meet all clean-up standards identified in the

3 ROD with respect to the Remedial Action at the Site, including but

4 not limited to the following:

5 A. AQUIFER CLEAN-UP STANDARDS

6 Contaminant Standard fppbl

7 1,1 Dichloroethene 6

8 1,1 Dichloroethane 5

9 1,1,1 Trichloroethane 200

10 Freon 113 1,200

11

12 IV. SCOPE OF REMEDIAL DESIGN AND REMEDIAL ACTION

13 A. Task 1: REMEDIAL DESIGN/REMEDIAL ACTION WORK PLAN

14 1. The Respondent shall develop and submit a Remedial

15 Design/Remedial Action Work Plan for the components of the Remedial

16 Action that shall document the overall management strategy and

17 schedule for performing the design, construction, operation,

18 maintenance, and monitoring and submit the Work Plan for EPA review

19 and approval. The Work Plan shall briefly describe each component

20 of the Remedial Action, but shall present in detail any additional

21 field or pilot testing work necessary to complete each component

22 including documenting data collection events, requirements,

23 procedures, frequencies, analytical methods, quality control

24 procedures, and worker protection.

25 The Work Plan shall document the responsibility and authority

26 of the parties and key personnel involved with the implementation

27 of the Remedial Action. The Work Plan shall also include a

28 description of qualifications of key personnel directing the

SOLASOW.TXT 6 8/15/91
1 Remedial Design, including contractor personnel where identifiable

2 at this time. The Respondent shall submit the draft Remedial

3 Design/Remedial Action Work Plan within 30 days of receiving the

4 Order. The Respondent shall submit a Final Remedial

5 Design/Remedial Action Work Plan incorporating EPA's comments on

6 the Draft Work Plan within 30 days of receiving EPA's comments.

7 The Respondents shall present in the Remedial Design/Remedial

8 Action Work Plan all procedures to be implemented to produce

9 quality deliverables with technical accuracy.

10 The Respondent shall use quality assurance, quality control,

11 and chain-of-custody procedures for all environmental samples in

12 accordance with EPA's "Interim Guidelines and Specifications For

13 Preparing Quality Assurance Project Plans," December 1980,

14 (QAMS-005/80); "Data Quality Objective Guidance," (EPA/540/G87/003

15 and 004); EPA NEIC Policies and Procedures Manual," May 1978,

16 revised November 1984, (EPA 330/9-78-001-R); "U.S. EPA Region 9

17 Guidance for Preparing Quality Assurance Project Plans for

18 Superfund Remedial Projects" (DC NO. 9QA-03-89) September 1989; and

19 Preparation of a U.S. EPA Region 9 Sample Plan," November 18, 1987;

20 and subsequent amendments to such guidelines upon notification to

21 Respondents of such amendment by EPA. Amended guidelines shall

22 apply only to procedures conducted after such notification.

23 The Respondent shall assure that EPA personnel and its

24 authorized representatives are allowed access to all laboratories

25 utilized by the Respondent in implementing the SOW. In addition,

26 the Respondent shall assure that such laboratories shall analyze

SOLASOW.TXT 7 8/15/91
1 all samples submitted to EPA pursuant to the Quality Assurance

2 Project Plan for quality assurance monitoring. The Respondent

3 shall ensure that the laboratories utilized for the analysis of

4 samples taken pursuant to this Scope of Work perform all analyses

5 according to accepted EPA methods.

6 Accepted EPA methods shall consist of those methods which are

7 documented in 40 C.F.R Part 136 and Test Methods for Evaluating .,

8 Solid Waste. Physical/Chemical Methods (SW 846), including any

9 additions or revisions to these requirements. Any laboratory

10 utilized by the Respondent for analysis of samples shall

11 demonstrate the ability to meet all Performance Standards pursuant

12 to this Scope of Work, and shall attain a Data Quality Standard of

13 Level IV. The laboratory shall be capable of producing submittals

14 of sufficient quality to meet requirements described in the

15 "Contract Lab Program Statement of Work for Organic Analysis,"

16 dated February 1988, and any amendments made thereto during the

17 course of the implementation of this Scope of Work. The Respondent

18 shall ensure that all laboratories used by them for analysis of

19 samples taken pursuant to this Scope of Work participate in an EPA

20 or EPA-equivalent QA/QC program.

21 2. Construction Quality Assurance Plans

22 The Respondent shall identify and document the objectives and

23 framework for the development of a construction quality assurance

24 program for the components of the Remedial Action, including but

25 not limited to the following: responsibility and authority;

SOLASOW.TXT 8 8/15/91
1 personnel qualifications; inspection activities; sampling and

2 analysis requirements; and documentation.

3 a. Responsibility and Authority

4 The Respondent shall describe fully the responsibility

5 and authority of all parties (e.g., technical consultants,

6 construction firms, etc.) and key personnel involved in the

7 construction of the Components of the Remedial Action. The

8 Respondents shall also identify a Construction Quality

9 Assurance (CQA) officer.

10 b. Construction Quality Assurance Personnel Qualifications

11 The Respondent shall set forth the qualifications of the

12 CQA officer and supporting inspection personnel in the CQA

13 plans with sufficient detail to demonstrate that they possess

14 the training and experience necessary to fulfill their

15 identified responsibilities.

16 c. Inspections

17 The Respondent shall summarize in the CQA plans the

18 observations and tests that will be used to monitor the

19 construction and/or installation of the components of the

20 Remedial Action. The plan shall include the scope and

21 frequency of each type of inspection.

22 d. Documentation

23 The Respondent shall describe in detail in the CQA plans

24 the reporting requirements for CQA activities. This shall

25 include such items as daily summary reports, inspection data.

26 sheets, problem identification and corrective measures

SOLASOW.TXT 9 8/15/91
1 reports, design acceptance reports, and final documentation.

2 Provisions for the final storage of all records shall be

3 presented in the CQA plans.

4

5 3. Operation and Maintenance Plans

6 The Respondent shall prepare an Operation and Maintenance Plan

7 to cover implementation and long-term maintenance. The Operation

8 and Maintenance Plans shall be composed of the following elements:

9 a. Description of normal operation and maintenance (O&M):

10 i. Description of tasks for operation.

11 ii. Description of tasks for maintenance.

12 iii. Description of prescribed treatment or operation

13 conditions.

14 iv. Schedule showing frequency of each O&M task.

15 b. Description of potential operating problems:

16 i. Description and analysis of potential operation

17 problems.

18 ii. Sources of information regarding problems.

19 iii. Common and/or anticipated remedies.

20 c. Description of routine monitoring and laboratory testing.

21 The analytes of concern are those listed under Section III of

22 this Scope of Work, or those required by RCRA and Title 22 and

23 23 to be necessary for the proper off-site disposition of

24 sludges, filter cake, or other concentrates.

25 i. Description of monitoring tasks.

SOLASOW.TXT 10 8/15/91
1 ii. Description of required laboratory tests and their

2 interpretation.

3 iii. Required data collection QAPP.

4 iv. Schedule of monitoring frequency and date.

5 v. Description of triggering mechanisms, action

6 criteria, and corrective actions to be performed.

7 vi. Description of criteria to be used to activate or

8 deactivate pumping wells and for normal operations of

9 pumping wells.

10 d. Description of Alternative O&M:

11 i. Should any operation aspect of the remedial action

12 fail, the Respondent shall state alternate procedures to

13 prevent release or threatened releases of hazardous

14 substances, pollutants or contaminants which may endanger

15 public health and the environment or exceed discharge,

16 leachate, or performance standards.

17 ii. Analysis of vulnerability and additional resource

18 requirements should a failure occur.

19 e. Safety Plan:

20 i. Description of precautions, procedures, action

21 levels, and personnel protective equipment.

22 ii. Safety tasks required in event of systems failure.

23 f. Description of equipment

24 i. Equipment identification.

25 ii. Installation of monitoring components.

26 iii. Maintenance of site equipment.

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1 iv. Replacement schedule for equipment and installed

2 components.

3 v. Inventory of replacement parts.

4 g. Records and reporting mechanisms required:

5 i. Daily operations logs.

6 ii. Laboratory records.

7 iii. Records for operating costs.

8 iv. Mechanism for reporting emergencies.

9 v. Personnel and maintenance records.

10 vi. Monthly/annual reports to State agencies.

11

12 4. Monitoring/Confirmation Sampling Plans

13 The Respondent shall develop and implement a groundwater

14 monitoring plan as a part of the Remedial Design/Remedial Action

15 Work Plan. The plan shall contain procedures for all activities

16 presented below to demonstrate compliance with cleanup standards

17 through sampling.

18 Groundwater monitoring shall be performed during all phases of

19 the Remedial Action. EPA may increase monitoring frequency based

20 upon EPA review of the data and after review and comment by the

21 State.

22 The Monitoring Plan shall be developed in accordance with EPA

23 Region 9 requirements for sampling and analysis and quality

24 assurance plans.

25 5. Health and Safety Plans

SOLASOW.TXT 12 8/15/91
1 The Respondents shall submit revisions to the Health and

2 Safety Plans to address the activities to be performed at the

3 facility to implement the components of the Remedial Action.

4 6. Cost Estimates

5 The Respondents shall refine the cost estimates developed in

6 the Feasibility Study to reflect the more detailed/accurate design

7 plans and specifications developed for each component of the

8 Remedial Action. The cost estimates shall include capital and

9 operation and maintenance costs.

10 7. Project Schedules

11 The Respondent shall develop a Project Schedule for

12 construction and implementation of all components of the Remedial

13 Action. The schedule shall identify specific dates for initiation

14 and completion of all deliverables for each component. The

15 Respondent shall identify approximate dates for completion of the

16 project.

17

18 B. INSPECTION ACTIVITIES

19 Inspections with EPA or its authorized representative in

20 attendance may be performed to verify compliance with the

21 environmental requirements of each Component of the Remedial

22 Action. Upon construction completion, the Respondent shall notify

23 EPA for the purpose of conducting a final inspection. EPA may

24 require a Final Inspection which shall consist of a walk-through

25 inspection of the site project. EPA will confirm that outstanding

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issues have been resolved, or identify issues still outstanding as

necessary to allow completion of construction.

C. QUARTERLY REPORTS

The Respondent shall submit to EPA, beginning 90 days from the date

of issue of this order, Quarterly Reports. The Quarterly Report

shall present summaries and highlights of work accomplished the

previous Quarter, including all milestones met, work to be

performed in the upcoming Quarter, anticipated problems and

probable solutions. The Quarterly Report shall also contain copies

of all data collected and produced during the previous Quarter.

Submittal

VII. SCHEDULE AND SUMMARY OF SUBMITTALS

Due Date

A. Remedial Design/Remedial Action Work Plan

Draft Remedial Design/Remedial Action Work Plan

Final Remedial Design/Remedial Action Work Plan

B. Quarterly Progress Reports

30 days after

effective date of

the UAO

30 days after

receipt of EPA

comments on Draft

Work Plan

Quarterly with

the initial

report to be

submitted 90 days

from the issue of

the Order

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