### STATE OF CALIFORNIA CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY DEPARTMENT OF TOXIC SUBSTANCES CONTROL

In the Matter of: 

# - - ) ) 

### GBF!Pittsburg Landfill Site ) ) 

### (a

.k.a. Contra Costa Sanitary Landfill) ) 

### Comer ofSomersville Road and ) 

### James Donlon Boulevard, ) 

### Contra Costa County, California ) ) 

### Respon dent: ) ) 

### GBF Holdings, LLC ) 

### 5052 Commercial Circle, Concord, ) 

### California 94520 ) ) ) 

### DocketNo. 

## f+5A -UJ 01/0;"- 

### 007 CONSENT ORDER Health and Safety Code Sections 25355.5(a)(I)(B) and (C), 25358.3(a), 58009 and 58010

L INTRODUCTION 

### 1.1 Parties. The California Environmental Protection Agency, Department ofToxic Substances Control (DTSC) and GBF Holdings, LLC, a California Limited Liability Company 

### (Respondent), hereby enter into this Consent Order (Order) and agree to 

### its terms and conditions. DTSC and Respondent are referred to collectively herein as the Parties. 

### 1.2 Property/Site. This Orderapplies to 

### the property 

### corrunonly known as the 

### GBFlPittsburg Landfill Site located at the corner ofSomersville 

### Roadand James Donlon Boulevard in Contra Costa County, California. A map showing the Property is attached as Exhibit A. This Order applies to the Property and the areal extent ofcontamination that resulted from activities on the Property (hereinafter, the "Site"). 1.3 Jurisdiction. This Order is entered into by the parties pursuant to Health and Safety Code sections 25358.3(a), 25355.5(a)(I)(B) and (C), 58009 and 58010.



### Consent Order Revision 6

- July 12,2001Health and Safety Code section 25358.3(a) authorizes DTSC to take various actions, induding issuance ofan lmrninent or Substantial Endangerment Determination and Order, when DTSC determines that there may be an imminent or substantial endangerment to the public health or welfare or to the environment, because ofa release or a threatened release ofa hazardous substance. Health and Safety Code section 25355.5(a)(I)(B) authorizes DTSC to issue an order establishing a schedule for removing or remedying a release ofa hazardous substance at a site, or for correcting the conditions that threaten the release ofa hazardous substance

. The order may include, but is not limited to requiring specific dates by which the nature and extent ofa release shall be detennined and the site adequately characterized, a remedial action plan prepared and submitted to DTSC for approval, and a removal or r emedial action completed

. Health and Safety Code se .ction 25355.5(a)(I)(C) authorizes DTSC to enter into an enforceable agreement with a responsible party for the site which requires the party to take necessary corrective action to remove the threat ofthe release, orto determine the nature and extent ofthe release and adequately characterize the site, prepare a remedial action plan, and complete the necessary removal or r emedial actions, as required in the approved remedial action plan. Health and Safety Code section 58009 authorizes DTSC to commence and maintain all proper and necessary actions and proceedings to enforce its rules and regulation$; to enjoin and abate nuisances related to matters within itsjurisdiction which are dangerous to he· alth; to compel the performance ofany act specifically enjoined upon any person, officer, or board, by any law ofthis state relating to marters within itsjurisdiction; and/or on marters within itsjurisdiction, to protect and preserve the public health. Health and Safety Code section 58010 authorizes DTSC to abate public nuisances related to matters within itsjurisdiction. II. FINDINGS OF FACT DTSC hereby finds: 2.1 Liability ofRespondent. Respondent is a responsible party or liable person as defined in Health and Safety Code section 25323

.5 by virtue ofhaving acquired title to the property onJanuary 31, 200I. 2

.2 The physical description ofthe site, the site history, the hazardous substances found at the site, the health effects associated with those hazardous substances, the routes of exposure, and the public health andlorenvironmental risk associated with the site are all set forth Consent Order Revision 6 -luly 12, 2001 2in the Remedial Action Plan ("RAP") approved for the site on June 16, 1997, except as modified herein.

III. CONCLUSIONS OF LAW 3.1 Respondent is a responsible party as defined by Health and Safety Code section 25323.5. 3.2 Each ofthe substances listed in the

.RAP is a "hazardous substance" as defined in Health and Safety Code section 25316. 

### 3.3 There has been a "release" and/or there is a "threatenedrelease" ofhazardous substances at the Site, as defined in Health and Safety Code section 25320. 

### 3.4 The actual and threatened release ofhazardous substances at the Site may present an imminent and substantial endangerment to the public health or welfare or to the environment. 3.5 

### J3,.esponse action is necessary to abate a public nuisance and/or to protect and preserve the public health. IV. DETERMINATION 4.1 Based on the foregoing findings offact and conclusions oflaw, DTSC hereby determines that response action is necessary at the Site because there has been a release and/or there is a threatened release ofa hazardous substance. 4.2 Based on the foregoing findings offact and conclusions oflaw, DTSC hereby determines that there may be an imminent and/or substantial endangerment to the public health or welfare or to the envirorunent because ofthe release and/or the threatened release ofthe hazardous substances at the Site. V. CONSENT ORDER Based on the foregoing, IT IS HEREBY AGREED AND ORDERED THAT Respondent conduct the following response actions in the manner specified hereiI?-, and in accordance with a schedule specified by DTSC as follows: 5.1 All response actions taken pursuant to this Order shall be consistent with the requirements ofChapter 6.8 (commencing with section 25300), Division 20 ofthe Health and Safety Code and any other applicable state or federal statutes and regulations.
Consent Order Revision 6

- July 12, 200I 35.1.1 Site Remediation Strategy. The purpose ofthis Order is to require implementation ofthe approved Remedial Action Plan, which is incorporated by reference and further modified by the terms herein. 5.1.2 Removal Actions. Respondent shall undertake removal actions ifDTSC determines that they are necessary to mitigate the release ofhazardous substances at or emanating from the Site. DTSC may require Respondent to submit a removal action workplan that includes a schedule for implementing the workplan for DTSC's approval. Either DTSC or Respondent may identify the need for removal actions. 5.1.3 Groundwater Monitoring. Respondent shall submit a Groundwater Monitoring Plan for DTSC's review within sixty (60) days ofthe effective date ofthis Order. Subsequent monitoring shatl be conducted pursuant to the approved Groundwater M9nitoring Plan or any subsequent approved revisioD. 5.2 Public Participation Plan (Community Relations). Respondent shall work cooperatively with DTSC 

### in providing an opportunity for meaningful public participation in response actions. Any such public participation activities shall be conducted in accordance with Health and Safety Code sections 25356.1 and 25358

.7 and DTSC's most current Public Participation Policy and Guidance Manual, and shall be s\lbject to DTSC's review and approval. Respondent, in coordination with DTSC, shall update the existing Public Participation Plan (PPP) which describes how the public and adjoining community will be kept informed of activities conducted at the Site and how Respondent will be responding to inquiries from concerned citizens. Respondent shall submit the updated PPP for DTSC's review within fotty (40) days ofthe effective date ofthis Order. Respondent shaH implement any ofthe public participation support activities identified in the ppP. at the request ofDTSC. DTSC retains the right to implement any ofthese activities independently. These activities include, but are not limited to, development and distribution of fact sheets; public meeting preparations; and development and placement ofpublic notices. 5.3 California Environmental Quality Act (CEQA). DTSC must comply with CEQA insofar as activities required by this Order are projects requiring CEQA compliance. Upon DTSC request, Respondent shall submit any infonnation deemed necessary by DTSC to facilitate compliance with CEQA. The costs incurred by DTSC in complying with CEQA are response costs and Respondent shall reimburse DTSC for such costs pursuant [0 Section 6.18.

Consent Order Revision 6 - July 12,2001 45.4 Remedial Design (BDl. Within one hundred and eighty (180) days after DTSC's execution ofOrder, Respondent shall submit to DTSC for review and approval the RD for the first phase ofgroundwater extraction system near the northern boundary ofthe landfill, describing in detail the technical and operational plans for implementation which includes the following elements, as applicable: (a) Design criteria, process unit and pipe sizing calculations, process diagrams, and final plans and specifications for facilities to be constructed. (b) Description ofequipment used to excavate, handle, and transport contaminated material. (c) A field sampling and laboratory analysis plan addressing sampling during implementation and to confirm achievement ofthe performance objectives ofthe RAP. (d) A transportation plan identifying routes oftravel and final destination ofwastes generated and disposed. (e) For groundwaterextraction systems: aquifer test results, capture zone calculations, specifications for extraction and performance monitoring wells, and a plan to demonstrate that capture is achieved. 

## (0 An updated health and safety plan addressing the implementation activities. (g) Identification ofany necessary permits and agreements. (h) 

### An operation and maintenance plan including any required monitoring. (i) A detailed schedule for implementation ofthe remedial action consistent with the schedule contained in the approved RAP including procurement, mobilization, construction phasing, sampling, facility starrup, and testing. U) The locations ofsentry wells, which are**non~detect** for the volatile organic compounds, beyond which the plume must not migrate. (k) Measurable interim goals which can be used as evidence to show that the first phase is working (i.e. contamination is decreasing, or has not increased) in wells down gradient ofthe groundwater extraction system ofthe Phase t system). This should include any additional monitoring wells needed to evaluate the system.

Consent Order Revision 6 - July 12,200I 

### 5

### (1) Respondent shall submit to DTSC an annual report which evaluates the effectiveness ofthe Phase 1system no later than sixty (60) days after one (1) year ofoperation ofthe first phase ofthe RD, and annual!y thereafter until Phase 2 has been implemented. If during the implementation ofthe first phase ofthe RD, DTSC determines that the goals ofsubsectionsj or k are not met, the Respondent shaH submit to DTSC within sixty (60) days, the RD for the second phase. (m) As to the portion ofthe Remedial Design which addresses the implementation ofthe groundwater pump and treat system with extraction wells near the leading edge ofthe contaminant plume (Phase 2), Respondent shall be required to provide such remedial design no later than one hundred and twenty (120) days prior to completion ofthree (3) years ofoperation ofthe first phase ofthe RD, unless Respondent submits a request for modification ofthe Remedial Action Planrelated to the second phase. (n) The modification to the approved R.AP may be based upon, but is not limited to, infonnation regarding evaluation ofnatural attenuation indicator parameters for groundwater, groundwater modeling, groundwater monitoring results, and effectiveness ofgroundwater remediation at the source and shall meet all ofthe ?pplicable response action criteria inHealth and Safety Code Section 25356.1.5. To the extent that a "containmentzone", as that term is used in State Water Resources Control Board Resolution No. 92-49, is proposed as part ofa modification to the Remedial Action Plan, Respondent" shall obtain the approval ofthe Central Valley Regional Water Quality Control Board in addition to any approval ofDTSC. IfDTSC disapproves any proposed modification to the Remedial Action Plan pursuant to this paragraph, Respondent shall submit the remedial design to address Leading Edge Plume Remediation consistent with the Remedial Action Plan within sixty (60) days ofDTSC's disapproval. 5

.5 Deed Restrictions. Respondent shall sign and record deed restrictions approved by OTSC within ninety (90) days ofDTSC's approval. 5.6 Implementation afFinal RAP. Upon DTSC approval ofthe RD, Respondent shall implement the final RAP in accordance with the approved schedule in the RD. Within thirty (30) days ofcompletion offield activities, Respondent shall submit an Implementation Report documenting the implementation ofthe Final R.A.P and RD. 5.7 Operation and Maintenance (O&M). Respondent shall comply with all O&M requirements in accordance with the final RAP and approved RD. Within thirty (30) days ofthe date ofDTSC's request, Respondent shall prepare and submit to DTSC for approval an O&M workplan that includes an implementation schedule. Respondent shall implement the workplan in accordance with the approved schedule.

Consent Order Revision 6 - July 12, 2001 65.8 Five·Year Review. Respondent shall review and reevaluate the remedial action after a period offive (5) years from the completion ofconstruction and startUp, and every five (5) years thereafter. The review and reevaluation shall be conducted to determine ifhuman health and the environment are being protected by the remedial action. Within thirty (30) calendar days before the end ofthe time period approved by DTSC to review and reevaluate the remedial action, Respondent shall submit a remedial action review workplan to DTSC for review and approval. Within sixty (60) days ofDTSC's approval ofthe workplan, Respondent shall implement the workplan and shall submit

. a comprehensive report ofthe results ofthe remedial action review. The report shall describe the results ofall sample analyses, tests and other data generated or received by Respondent and evaluate the adequacy ofthe implemented remedy in protecting public health, safety and the environment. As a result of-any review performed under

_ this Section, Respondent may be required to perform additional Work or to modify Work previously performed. 5.9 Changes During Implementation ofthe Final RAP. During the implementation ofthe final RAP and RD, DTSC may specifY such additions, modifications, and revisions to the RD as DTSC deems necessary to protect public health and safety or the environment or to implement the RAP. Any modifications to the Final RAP shall be subject to Health and Safety Code 25356.1 and the modification requirements described in "Interim Final Guidance on Preparing Superfund Decision Documents: The Proposed Plan; The Record ofDecision; Explanation of Significant Differences; The Record ofDecision Amendment; OSWER Directive 9335.3·02, 

### 1989." 5.10 Stop Work Order. In the event that DTSC detem:ines that any activity (whether or not pursued in compliance with this Order) may pose an imminent or substantial endangerment to the health or safety ofpeople on the Site or in the surrounding area orto the environment, DTSC may order Respondent to stop further implementation ofthis Order for such period of time needed to abate the endangerment. In the event that DTSC determines that any site activities (whether ornot pursued in compliance with this Order) are proceeding without DTSC authorization, DTSC may order Respondent to stop further implementation ofthis Order or activity for such period oftime needed to obtain DTSC authorization, ifsuch authorization is appropriate. Any deadline in this Order directly affected by a Stop Work Order, under this Section, shall be extended for the term ofthe Stop Work Order. 5.11 Emergency Response ActionINotification. In the event ofany action oroccurrence (such as a fire, earthquake, explosion, or human exposure to hazardous substances caused by the release orthreatened release ofa hazardous substance) during the course ofthis Order, Respondent shall immediately take all appropriate action to prevent, abate, or minimize such emergency, release, or immediate threat ofrelease and shall immediately notify the Project Manager. Respondent shall take such action in consultation with the Project Manager and in accordance with all applicable provisions ofthis Order. Within seven days ofthe onset ofsuch Consent Order Revision 6

- July 12,2001 

### 7an event, Respondent shall furnish a written report to DISC, signed by Respondent's Project Coordinator, setting forth the events which occurred and the measures taken in the response thereto. In the event that Respondent fails to take appropriate response and DTSC takes the action instead, Respondent shall be liable to DTSC for all costs ofthe response action. Nothing in this Section shall be deemed to limit any other notification requirement to which ResRQndent may be subject. 5.12 Discontinuation ofRemedial Technology. Any remedial technology employed in implementation ofthe final 

### M.P shall be left in place and operated by Respondent until and except to the extent that DTSC authorizes Respondent in writing to discontinue, move or modify some or all ofthe remedial technology because Respondent has met the criteria specified in the final RAP for its discontinuance, or because the modifications would better achieve the goals of 

### the final RAP. 5.13 Financial Assurance. Respondent shall demonstrate to DTSC and maintain financial assurance for operation and maintenance and monitoring. Respondent shall demonstrate financial assurance prior to the time that operation and maintenance activities are initiated and shaU maintain it throughout the period oftime necessary to complete all required operation and maintenance activities. The financial assurance mechanisms shall meet the requirements of Health and Safety Code section 25355.2. All financial assurance mechanisms are subject to the review and approval ofDTSC. 

### VI. GENERAL PROVISIONS 6.1 Project Coordinator. Within ten (10) days from the date this Order is signed by DTSC, Respondent shall submit to DTSC in writing the name, address, and telephone number of a Project Coordinator whose responsibilities will be to receive all notices, comments, approvals, and other communications from DTSC. Respondent shall promptly notify DTSC ofany change in the identity ofthe Project Coordinator. Respondent shall obtain approval from DTSC before the new Project Coordinator performs any work under this Order. 6.2 Project Engineer/Geologist. The work performed pursuant to this Order shall be under the direction and supervision ofa qualified professional engineer ora registered geologist in the State ofCalifornia, with expertise in hazardous substance site cleanups. All engineering and geological work shall be conducted in conformance with applicable state law, including but not limited to Business and Professions Code sections 6735 and 7835. Within fifteen (15) calendar days from the date this Order is signed by DTSC, Respondent must submit: a) The name and address ofthe project engineer or geologist chosen by Respondent; and b) in order to demonstrate expertise in hazardous substance cleanup, the resume ofthe engineer or geologist, and the statement ofqualifications ofthe consulting firm responsible for the work. Respondent shall promptly notify DTSC ofany change in the identity ofthe Project Engineer /Geologist Consent Order Revision 6

- July 12,2001 

### 8Respondent shall obtain approval from DTSC before the new Project Engineer /Geologist performs any work under this Order. 6.3 Ouarterlv SummarY Reports. Within thirty (30) days from the date this Order is signed by DTSC, and on a quarterly basis**the~after,** Respondent shall submit a Quarterly Summary Report ofits activities under the provisions ofthis Order. The report shall be received by DTSC by the fifteenth (IS·) day ofJanuary, April, July and October and shall describe: (a) Specific actions taken by or on behalfofRespondent during the previous quarter; 

### (b) Actions expected to be undertaken during the current**quaner~** (c) All planned activities for the next quarter; (d) Any requirements under this Order that were not completed; (e) Any problems or anticipated problems in complying with this Order; and (f) All results ofsample analyses, tests, and other data generated under this Order during the previous quarter, and any significant findings from these data. 6.4 Quality Assurance/Ouality Control (OA.JOC)' All sampling and analysis conducted by Respondent under this Order shall be performed in accordance with 

### QAJQC procedures submitted by Respondent and approved by DTSC pursuant to this Order. 6.5 Submittals. All submittals and notifications from Respondent required by this Order shall be sent simultaneously to: BarbaraJ, Cook, P.E Regional Branch Chief Attention: Project Manager Department ofToxic Substances Control 700 Heinz Avenue, Suite 200 Berkeley, California 94710 Regional Water Quality Control Board Sacramento Valley Region Attn: GBFlPittsburg Landfill Project Manager 3443 Routier Road, Suite A Sacramento, California 95817·3098

Consent Order Revision 6 - July 12,2001 

### 9Contra Costa Health Services 2120 Diamond Blvd, Suite 200 Concord, California 94520 Technical reports only shall be sent to: U.S. EPA, Region IX Attn: Superfund Program Manager 75 Hawthorne Street SanFrancisco, CA 94105

6.6 Communications. All approvals and decisions ofDTSe made regarding submittals and notifications will be communicated to Respondent in writing by the Site Mitigation Branch Chief, DTSC, or hislher designee. No informal advice, guidance, suggestions or comments by DTSC regarding reports, plans, specifications, schedules or any other writings by Respondent shall be construed to relieve Respondent ofthe obligation to obtain such formal approvals as may**~~~.** . 6.7 DTSC Review and Approval. AU response actions taken pursuant to this Order shall be subject to the approval ofOTSe. Respondent shall submit all deliverables required by this Order to DTSC. Once the deliverables are approved by DTSC, they shall be deemed incorporated into, and where applicable, enforceable under this Order. If DTSC determines that any report, plan, schedule or other document submitted for approval pursuant to this Order fails to comply with this Order or fails to protect public health or safety or the environment, DTSC may: (a) Modify the document as deemed necessary and approve the document as modified; or (b) Return comments to Respondent with recommended changes and a date by which Respondent must submit to DTSC a revised document incorporating the recommended changes

. Any modifications, comments or other directives issued pursuant t o (p) above, are incorporated into this Order

. .A..ny noncompliance with these modifications or directives shall be deemed a failure orrefusal to comply with this Order. 6.8 Compliance with Applicable Laws. Nothing in this Order shall relieve Respondent from complying with all other applicable laws and regulations, including but not limited to
Consent Order Revision 6 - July 12, 200I 10compliance with all applicable waste discharge requirements issued by California Regional Water Quality Control Board, the California Integrated Waste Management Board and the Contra Costa County Health Services (the Local Enforcement Agency). Respondent shall**~onform** all actions required by this Order with all applicable federal, state and local laws and regulations. 6.9 Respondent Liabilities. Nothing in this Ordershall constitute or be construed as a satisfaction orrelease from liability for any conditions orclaims arising as a result ofpast, current or future operations ofRespondent. Nothing in this Order is intended or shall be construed to limit the rights ofany ofthe partieS with respect to claims arising out ofor relating to the deposit ordisposal at any other location ofsubstances removed from the Site. Nothing in this Order is intended or shall be construed to limit or preclude DTSC from t aking any action authorized by law to protect public health or safety orthe environment and recovering the cost thereof. Notwithstanding compliance with the tenns ofthls Order, Respondent may be required to take further actions as are necessary to protect public health and the environment. 6.10 Site Access. Access to the Site and laborat ories used for an' alyses ofsamples under this Order shall be provided at all reasonable times to employees, contractors, and consultants of DTSC. Nothing in this Section is intended or shall be construed to limit in any way the right of entry or inspection that DTSC or any other agency may otherwise have by operation ofany law. DTSC and its authorized representatives shall have the authority to enter and move freely about all propertY at the Site at all reasonable times for purposes incluiiing, but not limited to: inspecting records, operating logs, sampling and analytic data, and contracts relating to this Site; reviewing the progress ofRespondent in carrying out the tenns ofthis Order; conducting such tests as DTSC may deem necessary; and verifying the data submitted to DTSC by Respondent. To the extent the Site or any other property to which access is required for the lrnplementation ofthis Order is owned or controlled by persons other than Respondent, Respondent shall use best efforts to secure from such persons access for Respondent, as well as DTSC, its representatives, and contractors, as necessary to effectuate this Order. To the extent that any portion ofthe Site is controlled by tenants ofRespondent, Respondent shall use best efforts to secure from such tenants, access for Respondent, as well as for DTSC, its representatives, and contractors, as necessary to effectuate this Order. Forpurposes ofthis Section, "bestefforts" includes the payment ofreasonable sums ofmoney in consideration of access. Ifany access required to complete the Work is not obtained within forty-five (45) days ofthe effective date ofthis Order, or within forty-five (45) days ofthe date DTSC notifies Respondent in writing that additional access beyond that previously secured is necessary, Respondent shall promptly notify DTSC, and shall include in that notification a summary ofthe steps Respondent has taken to attempt to obtain access. DTSC may, as it deems appropriate, assist Respondent 

### in obtaining access. Respondent shall reimburse DTSC in obtaining access, including, but not limited 

### to, attorneys fees and the amount ofjustcompensation. Consent Order Revision 6 - July 12, 200 1 116.11 Sampling, Data and Document Availability. Respondent shall permit DTSC and its authorized representatives to inspect and copy all sampling, testing, monitoring or other data generated by Respondent or on Respondent's behalfin any way pertaining to work undertaken pursuant to this Order. Respondent shall submit all such data upon the request ofDTSC. Copies,.. shall be provided within seven (7) days ofreceipt ofDTSC's wrinen request. Respondent shall inform DTSC at least seven (7) days in advance ofall field sampling under this Order, and shall allow DTSC and its authorized representatives to take duplicates ofany samples collected by Respondent pursuant to this Order. Respondent shall maintain a central depository ofthe data, reports, and other documents prepared pursuant to this Order. 6.12 Record Retention

. All such data, reports and other documents shall be preserved by Respondent for a minimum often (10) years after the conclusion ofall activities under this Order. IfDTSC requests that some or all ofthese documents be preserved for a longer period of time, Respondent shall either comply with that request or deliverthe documents to DTSC, or permit DTSC to copy the documents prior to destruction. Respondent shall notify DTSC in writing, at least six (6) months prior to destroying any docwnents prepared pursuant to this Order. 6.13 Government Liabilities. The State ofCalifornia shall not be liable for any injuries or damages to persons or property resulting from acts or omissions by Respondent, or related parties specified in Section 6.26, Parties Bound, 

### in carrying out activities pursuant to this Order, nor shall the State ofCalifornia be held as party to any contract entered into by Respondent or its agents in carrying out activities pursuant to this Order. 6.14 Additional Actions. By issuance ofthis Order, DTSC does not waive the right to take any further actions authorized by law. 6.15 Extension Requests. IfRespondent is unable to perfonn any activity or submit any document within the time required under this Order, Respondent may, prior to expiration ofthe time, request an extension ofthe time in writing. The extension request shall include a justification for the delay. All such requests shall be in advance ofthe date on which the activity or docwnent is due. 6.16 Extension Approvals. If DTSC determines that good cause exists for an extension, it will grant the request and specify a new schedule in writing. Respondent shall comply with the new schedule incorporated in this Order. Ifapplicable, DTSC may be required to follow requirements specified in paragraph 5.9 ofthis Order before a request can be approved. 6.1 7 Liability for Costs

. Respondent is liable for all ofDTSC's costs that have been incurred in taking response actions at the Site from the Respondent's date ofSite ownership of Consent Order Revision 6 - July 12,2001 12January 31,200I (including costs ofoverseeing response actions performed by Respondent), and costs to be incurred in the future. 6.18 Pavment ofCosts. DTSC INiIl bill Respondent for costs incurred in taking response actions at the Site, including oversight actions, occurring onor after January 31, 2001. Respondent shall pay DTSC within sixty 

### (60) days ofreceipt orany DTSC billing. Any billing not paid within sixty (60) days is subject to interest calculated from the date ofthe billing pursuant to Health and Safety Code section 25360.1. All payments made by Respondent pursuant to this Order shall be by check made payable to "DTSC," and shall bear on the face the project code ofthe Site (Site 200041-00) and the Docket nwnber ofthis Order. Payments shall be sent to: Department ofToxic Substances Control Accounting/Cashier 1001 I Street, 21" Floor P.O. Box 806 Sacramento, California 95812-0806 A photocopy ofall payment checks shall also be sent to the person designated by DTSC to receive submittals under this Order. In the event ofnonpayment of**cOSls re~uired**  pursuant to this paragraph, DTSC reserves the right to recover any such costs from any other responsible party or liable person as defined in Health and Safety Code section 25323.5. Furthermore, DTSC reserves all rights, ifany, it may have to seek response costs incurred by DTSC prior to January 31, 200I from Respondent, provided however, that Respondent does not concede DTSC's right to recover such costs, and does not waive any defenses to such potential claims. 6.19 Severabilitv. The requirements ofthis Order are severable, and Respondent shall comply with each and every provision hereof, notwithstanding the effectiveness ofany other provision. 6.20 Incorporation ofPlans. Schedules and Reports. All plans, schedules, reports, specifications and other docwnents that are submitted by Respondent pursuant to 

### this Order are incorporated in this Order upon DTSC's approval or as modified pursuant to Section 6.7, DTSC Review and Approval, and shall be implemented by Respondent. Any noncompliance with the documents incorporated in this Order shall be deemed a failure or refusal to comply with this Order, subject to the dispute resolution procedures set forth herein. 6.21 Time Periods. Unless otherwise specified, time periods begin from the effective date ofthis Order and "days" means calendar days. Consent Order ReviSion 6 -July 12,2001 

### 136.22 Termination and Satisfaction. Except for Respondent's obligations under Sections 5

.7 Operation and Maintenance**(O&~f),** 5.8 Five·Year Review, 5.13 Financial Assurance, 6.12 Record Retention, 6.17 Liability for Costs, and 6.18 Payment ofCosts, Respondent's obligations under this Orde;- shall terminate and be deemed satisfied upon Respondent's receipt ofwrinen notice from DTSC that Respondent has complied with all the terms ofthis Order. 6.23 Parties Bound. This Order applies to and is binding upon Respondent, and its officers, directors, agents, employees, contractors, consultants, receivers, trustees, successors and assignees, including but not limited to, individuals, partners, and'subsidiary and parent corporations. Respondent shaH provide acopy ofthis Order to all contractors, subcontractors, laboratories, and consultants which are retained to conduct any workperformed under this Order, within fifteen (15) days after the effective date ofthis Orderorthe date ofretaining their services, whichever is later. Respondent shall condition any such contracts upon satisfactory compliance with this Order. Notwithstanding the terms ofany contract, Respondent is responsible for compliance with this Order and for ensuring that its subsidiaries, employees, contractors, consultants, subcontractors, agents and representatives comply with this Order. 6.24 Change in Ownership. No change in ownership or corporate orpartnership status relating to the Site shall in any way alter Respondent's responsibility under this Order. No conveyance oftitle, easement, or other interest in the Site, or a portion ofthe Site, shall affect Respondent's obligations under this Or der. Unless DTSC agrees that such obligations may be transferred to a third party, Respondent shall be responsible for and liable for any failure to carry out all activities required ofRespondent by the terms and conditions ofthis Order, regardless of Respondent's use ofemployees, agents, contractors,-or consultants to perform any such tasks. Respondent shall provide a copy ofthis Order to any subsequent owners or successors before ownership rights or stock or assets in a corporate acquisition are transferred. 6.25 Dispute Resolution. The parties agree to use t heir best efforts to resolve all disputes informally. The parties agree that the pr ocedures contained in this Section are the required administrative procedures for resolving disputes arising under this Order. IfRespondent fails to follow the procedures contained in this Section, it shall have waived its right to further contest the disputed issue. Respondent reserves its legal rights to contest or defend against any final decision rendered by DTSC under this Section. Disputes regarding DTSC billings shall follow the procedures set forth in Section 6.25.3. 6.25.1 Respondent shall first seek resolution with DTSC's assigned project manager and unit chief. Ifthe issue is not resolved after review by the unit chief, Respondent shall seek resolution with the DTSC branch chiefby presenting in a letter the issues in dispute, the legal or other basis for Respondent's position, and the remedy sought. The branch chiefshall issue a written decision with an explanation for the decision within thirty (30) business days after receipt Consent Order Revision 6 -July 12,2001 14ofthe letter from Respondent. 6.25.2 IfRespondent disagrees with the branch chiefs decision, Respondent may appeal to the Statewide Cleanup Operations Division Chief. To appeal to the division chief, Respondent must prepare a letter stating the reasons why the branch chiefs decision is not acceptable. Attached to the letter shall be (a) Respondent's original statement ofdispute, (b) supporting documents, and (c) copies ofany responses prepared by the project manager, unit chief, and branch chief. This letter and attachments shall be**~ent** to the division chiefwithin ten (10) business days from the date ofRespondent's receipt ofthe branch chiefs response. The division chiefordesignee shall review Respondent's letter and supporting documents, consider the issues raised and render a written decision to Respondent within thirty (30) business days ofreceipt of Respondent's letter. The decision ofthe division chief, or designe 'e, shall constitute DTSC's administrative decision on the issues in dispute

. 6.25.3 IfRespondent disputes a DTSC billing, orany part thereof, Respondent shall notify DTSC's assigned project manager and attempt to informally resolve the dispute with DTSC's project manager and branch chief. IfRespondent desires to formally request dispute

. resolution with regard to the billing, Respondent shall file a request for dispute resolution in

writing within 45 days ofthe date ofthe billing in dispute. The written request shall describe all issues in dispute and shall set forth the reasons for the dispute, both factual and legal. Ifthe dispute pertains only to a portion ofthe costs included in the invoice, Respondent shall pay all costs which are undisputed in accordance with Section 6.18. The filing ofa notice ofdispute pursuant to this Section shall not stay the accrual ofinterest on any unpaid costs pending resolution ofthe dispute. The written request shall be sent to: Special Assistant for Cost Recovery and Reimbursement Policy Department ofToxic Substances Control P.O. Box 806 Sacramento, CA 95812

-0806 A copy ofthe written request for dispute resolution shall also be sent to the person designated by DTSC to receive submittals under this Order. A decision on the billing dispute will be rendered by the Special Assistant for Cost Recovery and Reimbursement Policy or other DTSC designee. 6.25.4 The existence ofa dispute shall not excuse, stay, or suspend any othercompliance obligation or deadline required pursuant to this Order. 6.26 Effect ofConsent Order on Other Orders for Site. This Order shall stay any prior orders issued by DTSC for this Site including but not limited to the Second Amended Remedial Action Order and Imminent and/or Substantial Endangennent Determination and Order, Docket No. HAS 87/88-012A. Nothing in this Order shall affect the status ofany person who has been Consent Order Revision 6 - July 12,2001 15determined to be a responsible party or liable person pursuant to those prior orders. 

### VII. EFFECTIVE DATE 7.1. The effective date ofthis Order shall be the date on which this Order is signed by the Parties. 

### Vlll. PENALTIES FORNONCOMPLlAl'1CE 8.1. Each Respondent may be liable for penalties ofup to $25,000 for each day out of compliance with any term or condition set forth in this Order and for punitive damages up to three times the amount ofany costs incurred by DTSC as a result ofRespondent's failure to comply, pursuant to Health and Safety Code sections 25359, 25359.2, 25359.4, and 25367(c). Health and Safety Code section 25359.4.5 provides that a responsible party who complies with this Order, or with another order or agreement concerning the same response actions required by this Order, may seek treble damages from Respondent who fails or refuse$- to comply with this Order without sufficient cause. 

### IX. SIGNATORIES 9.1. Each undersigned representative ofthe parties to this Order certifies that he or she is fully authorized to enter into the terms and conditions ofthis Order and to execute and legally bind the Parties to this Order. 9.2. This Ordermay be executed and delivered in any number ofcounterparts, each of which when executed and delivered shall be deemed to be an original, but such counterparts shall together constitute one and the same docwnent.



### IT IS HEREBY AGREED AND ORDERED.

DATE:

_____ Michael C. Salmon 

### President, GBF Holdings, LLC

DATE: 

# 7/13/ :lee /**~** I 

### Bar a 

### J. Cook, P.E

. Branch Chief Consent Order Revision 6 -July 12,2001 

### 16

### Nonhem California Coastal Cleanup Oper ations Branch Depanmen[ 

### ofToxic Substances Control

cc: Site Mitigation Program Headquarters, Planning & 

### Policy Office ofLegal Counsel



### Consent Order Revision 6 - July 12,200I 17**liIoo~** TRC**tRVt~e CORPOR~TE**  ... TRC ESI CONCORD**~002**

IT IS HEREBY AGREED AND ORDERED.

DATE: July 13, 2001 

### Mlchae1 C. Salmon President, GBF Holdings, LLC

DATE:

_____

cc: Site Mitigatlon PTogram Headquarters, Planning & Policy Office ofLegal Counsel Barbara 1. Cook, P.E

. Branch Chief Northero California Coastal Cle-clnup Operations Branch Oepartment ofToxic Substances Control

17