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 of Somersville Road and ) 

James Donlon Boulevard, ) 

Contra Costa County, California ) 

) 

Respo ndent: ) 

) 

GBF Holdings, LLC ) 

5052 Commercial Circle, Concord, ) 

California 94520 ) 

) 

) 

Docket No. 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 Ho ldings, 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 Order applies to the property corrunonly known as the 

GBFlPittsburg Landfill Site located at the corner of Somersville Road and 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 of contamination 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 12,2001 
Health and Safety Code section 25358.3(a) authorizes DTSC to take various actions, 

induding issuance of an 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 of a release or a threatened release of a 

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 of a hazardous substance at a site, or 

for correcting the conditions that threaten the release of a hazardous substance. The order may 

include, but is not limited to requiring specific dates by which the nature and extent of a release 

shall be detennined and the site adequately characterized, a remedial action plan prepared and 

submitted to DTSC for approval, and a removal or remedial ac tion 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, or to determine the nature and 

extent of the release and adequately characterize the site, prepare a remedial action plan, and 

complete the necessary removal or remedial 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 its jurisdiction which are dangerous to he·alth; to compel 

the performance of any act specifically enjoined upon any person, officer, or board, by any law 

of this state relating to marters within its jurisdiction; and/or on marters within its jurisdiction, to 

protect and preserve the public health. 

Health and Safety Code section 58010 authorizes DTSC to abate public nuisances related 

to matters within its jurisdiction. 

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 of having acquired title to the 

property on January 31, 200 I. 

2.2 The physical description of the 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 andlor environmental risk associated with the site are all set forth 

Consent Order 


Revision 6 -luly 12, 2001 


2 

in the Remedial Action Plan ("RAP") approved for the site on June 16, 1997, except as modified 

herein. 

III. CONCLUSIONS OF LA W 

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 "threatened release" of hazardous 

substances at the Site, as defined in Health and Safety Code section 25320. 

3.4 The actual and threatened release of hazardous 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 of fact and conclusions of law, DTSC hereby 

determines that response action is necessary at the Site because there has been a release and/or 

there is a threatened release of a hazardous substance. 

4.2 Based on the foregoing findings of fact and conclusions of law, DTSC hereby 

determines that there may be an imminent and/or substantial endangerment to the public health 

or welfare or to the envirorunent because of the release and/or the threatened release of the 

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 of Chapter 6.8 (commencing with section 25300), Division 20 of the Health and 

Safety Code and any other applicable state or federal statutes and regulations. 

Consent Order 


Revision 6 - July 12, 200 I 


3 

5.1.1 Site Remediation Strategy. The purpose of this Order is to require implementation 

of the 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 of hazardous 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 fo r removal actions. 

5.1.3 Groundwater Monitoring. Respondent shall submit a Groundwater Monitoring 

Plan for DTSC's review within sixty (60) days of the 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 of the 

effective date of this Order. 

Respondent shaH implement any of the public participation support activities identified in 

the ppP. at the request of DTSC. DTSC retains the right to implement any of these activities 

independently. These activities include, but are not limited to, development and distribution of 

fact sheets; public meeting preparations; and development and placement of public 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 


4 

5.4 Remedial Design (BDl. Within one hundred and eighty (180) days after DTSC's 

execution of Order, Respondent shall submit to DTSC for review and approval the RD for the 

first phase of groundwater extraction system near the northern boundary of the 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 of equipment used to excavate, handle, and transport contaminated 

material. 

(c) A field sampling and laboratory analysis plan addressing sampling during 

implementation and to confirm achievement of the performance objectives ofthe RAP. 

(d) A transportation plan identifying routes oftravel and final destination of wastes 

generated and disposed. 

(e) For groundwater extraction 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 of any necessary permits and agreements. 

(h) An operation and maintenance plan including any required monitoring. 

(i) A detailed schedule for implementation of the remedial action consistent with the 

schedule contained in the approved RAP including procurement, mobilization, 

construction phasing, sampling, facility starrup, and testing. 

U) The locations of sentry 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 

of the groundwater extraction system of the Phase t system). This should include any 

additional monitoring wells needed to evaluate the system. 

Consent Order 


Revision 6 - July 12,200 I 


5 

(1) Respondent shall submit to DTSC an annual report which evaluates the effectiveness 

of the Phase 1 system no later than sixty (60) days after one (1) year of operation of the 

first phase of the RD, and annual!y the reafter until Phase 2 has been implemented. If 

during the implementation of the first phase of the RD, DTSC determines that the goals 

of subsections j 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 of the Remedial Design which addresses the implementation of the 

groundwater pump and treat system with extraction wells near the leading edge of the 

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 of three (3) 

years of operation of the first phase of the RD, unless Respondent submits a request for 

modification of the Remedial Action Plan related to the second phase. 

(n) The modification to the approved R.AP may be based upon, but is not limited to, 

infonnation regarding evaluation of natural attenuation indicator parameters for 

groundwater, groundwater modeling, groundwater monitoring results, and effectiveness 

of groundwater remediation at the source and shall meet all of the ?pplicable response 

action criteria in Health and Safety Code Section 25356.1.5. To the extent that a 

"containment zone", 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 of the Central Valley Regional Water Quality 

Control Board in addition to any approval of DTSC. 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 of DTSC's approval. 

5.6 Implementation afFinal RAP. Upon DTSC approval of the RD, Respondent shall 

implement the final RAP in accordance with the approved schedule in the RD. Within thirty (30) 

days of completion of field activities, Respondent shall submit an Implementation Report 

documenting the implementation of the 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 of the 

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 

6 
5.8 Five· Year Review. Respondent shall review and reevaluate the remedial action after 

a period of five (5) years from the completion of construction and startUp, and every five (5) 

years thereafter. The review and reevaluation shall be conducted to determine if human health 

and the environment are being protected by the remedial action. Within thirty (30) calendar days 

before the end of the 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 of the workplan, Respondent shall 

implement the workplan and shall submit .a comprehensive report of the results of the remedial 

action review. The report shall describe the results of all sample analyses, tests and other data 

generated or received by Respondent and evaluate the adequacy of the 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 of the Final RAP. During the implementation of the 

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 of Decision; Explanation of 

Significant Differences; The Record of Decision 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 of people on the Site or in the surrounding area or to the environment, 

DTSC may order Respondent to stop further implementation of this Order for such period of 

time needed to abate the endangerment. In the event that DTSC determines that any site 

activities (whether or not pursued in compliance with this Order) are proceeding without DTSC 

authorization, DTSC may order Respondent to stop further implementation of this Order or 

activity for such period of time needed to obtain DTSC authorization, if such authorization is 

appropriate. Any deadline in this Order directly affected by a Stop Work Order, under this 

Section, shall be extended for the term of the Stop Work Order. 

5.11 Emergency Response ActionINotification. In the event of any action or occurrence 

(such as a fire, earthquake, explosion, or human exposure to hazardous substances caused by the 

release or threatened release ofa hazardous substance) during the course of this Order, 

Respondent shall immediately take all appropriate action to prevent, abate, or minimize such 

emergency, release, or immediate threat of release 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 of this Order. Within seven days of the onset of such 

Consent Order 


Revision 6 - July 12,2001 


7 

an 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 of the response action. Nothing 

in this Section shall be deemed to limit any other notification requirement to which ResRQndent 

may be subject. 

5.12 Discontinuation of Remedial Technology. Any remedial technology employed in 

implementation of the 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 of the 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 of time 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 of any change 

in the identity of the 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 of a qualified professional engineer or a registered geologist 

in the State of California, 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 of the project engineer or geologist chosen by Respondent; and b) in order to 

demonstrate expertise in hazardous substance cleanup, the resume of the engineer or geologist, 

and the statement of qualifications of the consulting firm responsible for the work. Respondent 

shall promptly notify DTSC of any change in the identity of the Project Engineer/Geologist 

Consent Order 


Revision 6 - July 12,2001 


8 

Respondent 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 of its activities under the provisions of this Order. The report shall be received 

by DTSC by the fifteenth (IS·) day of January, April, July and October and shall describe: 

(a) Specific actions taken by or on behalf of Respondent 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 of sample 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: 

Barbara J, 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 


9 

Contra 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 


San Francisco, 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 of the 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 to (p) above, are incorporated 

into this Order . .A..ny noncompliance with these modifications or directives shall be deemed a 

failure or refusal 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, 200 I 

10 
compliance 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 Order shall constitute or be construed as a 

satisfaction or release from liability for any conditions or claims arising as a result of past, 

current or future operations of Respondent. Nothing in this Order is intended or shall be 

construed to limit the rights of any of the partieS with respect to claims arising out of or relating 

to the deposit or disposal at any other location of substances removed from the Site. Nothing in 

this Order is intended or shall be construed to limit or preclude DTSC from taking any action 

authorized by law to protect public health or safety or the 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 laboratories used fo r an'alyses of samples 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 of any 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 of Respondent in carrying out the tenns of this 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 of this 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 of the Site is controlled by tenants of Respondent, 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. For purposes of this 

Section, "best efforts" includes the payment of reasonable sums of money in consideration of 

access. If any access required to complete the Work is not obtained within forty-five (45) days 

of the effective date of this Order, or within forty-five (45) days of the 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 of the 

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 of just compensation. 

Consent Order 


Revision 6 - July 12, 200 1 


11 
6.11 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 behalf in any way pertaining to work undertaken 

pursuant to this Order. Respondent shall submit all such data upon the request of DTSC. Copies,.. 

shall be provided within seven (7) days of receipt of DTSC's wrinen request. Respondent shall 

inform DTSC at least seven (7) days in advance of all field sampling under this Order, and shall 

allow DTSC and its authorized representatives to take duplicates of any samples collected by 

Respondent pursuant to this Order. Respondent shall maintain a central depository of the 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 of all activities under this 

Order. If DTSC requests that some or all of these documents be preserved fo r a longer period of 

time, Respondent shall either comply with that request or deliver the 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 of California 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 of California 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 of this Order, DTSC does not waive the right to 

take any further actions authorized by law. 

6.15 Extension Requests. If Respondent is unable to perfonn any activity or submit any 

document within the time required under this Order, Respondent may, prior to expiration of the 

time, request an extension of the 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. If applicable, DTSC may be required to follow 

requirements specified in paragraph 5.9 of this Order before a request can be approved. 

6.1 7 Liability for Costs. Respondent is liable for all of DTSC's costs that have been 


incurred in taking response actions at the Site from the Respondent's date of Site ownership of 


Consent Order 


Revision 6 - July 12,2001 


12 

January 31,200 I (including costs of overseeing response actions performed by Respondent), and 

costs to be incurred in the future. 

6.18 Pavment of Costs. DTSC INiIl bill Respondent for costs incurred in taking response 

actions at the Site, including oversight actions, occurring on or after January 31, 2001. 

Respondent shall pay DTSC within sixty (60) days of receipt orany DTSC billing. Any billing 

not paid within sixty (60) days is subject to interest calculated from the date of the 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 of the Site (Site 200041 -00) and the Docket nwnber of this 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 of all payment checks shall also be sent to the person designated by DTSC 

to receive submittals under this Order. 

In the event of nonpayment 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, if any, it may 

have to seek response costs incurred by DTSC prior to January 31, 200 I 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 of this Order are severable, and Respondent shall 

comply with each and every provision hereof, notwithstanding the effectiveness of any other 

provision. 

6.20 Incorporation of Plans. 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 of this Order and "days" means calendar days. 

Consent Order 


ReviSion 6 -July 12,2001 


13 

6.22 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 of Costs, Respondent's obligations 

under this Orde;- shall terminate and be deemed satisfied upon Respondent's receipt of wrinen 

notice from DTSC that Respondent has complied with all the terms of this Order. 

6.23 Parties Bound. This Order app lies 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 a copy of this Order to all contractors, subcontractors, 

laboratories, and consultants which are retained to conduct any work performed under this Order, 

within fifteen (15) days after the effective date of this Order or the date of retaining their 

services, whichever is later. Respondent shall condition any such contracts upon satisfactory 

compliance with this Order. Notwithstanding the terms of any contract, Respondent is 

responsible fo r compliance with this Order and fo r 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 or partnership status 

relating to the Site shall in any way alter Respondent's responsibility under this Order. No 

conveyance of title, easement, or other interest in the Site, or a portion of the Site, shall affect 

Respondent's obligations under this Order. 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 of Respondent by the terms and conditions ofthis Order, regardless of 

Respondent's use of employees, agents, contractors, -or consultants to perform any such tasks. 

Respondent shall provide a copy of this 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 their best efforts to resolve all disputes 

informally. The parties agree that the procedures 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. If the issue is not resolved after review by the unit chief, Respondent shall seek 

resolution with the DTSC branch chief by presenting in a letter the issues in dispute, the legal or 

other basis for Respondent's position, and the remedy sought. The branch chief shall issue a 

written decision with an explanation for the decision within thirty (30) business days after receipt 

Consent Order 


Revision 6 -July 12,2001 


14 

of the letter from Respondent. 

6.25.2 If Respondent 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 of dispute, (b) supporting 

documents, and (c) copies of any responses prepared by the project manager, unit chief, and 

branch chief. This letter and attachments shall be ~ent to the division chief within ten (10) 

business days from the date of Respondent's receipt of the branch chiefs response. The division 

chief or designee shall review Respondent's letter and supporting documents, consider the issues 

raised and render a written decision to Respondent within thirty (30) business days of receipt of 

Respondent's letter. The decision of the division chief, or designe'e, shall constitute DTSC's 

administrative decision on the issues in dispute. 

6.25.3 If Respondent disputes a DTSC billing, or any 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. If Respondent desires to formally request dispute 


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

writing within 45 days of the date of the 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. If the 

dispute pertains only to a portion of the costs included in the invoice, Respondent shall pay all 

costs which are undisputed in accordance with Section 6.18. The filing of a notice of dispute 

pursuant to this Section shall not stay the accrual of interest on any unpaid costs pending 

resolution of the 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 of the 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 of a dispute shall not excuse, stay, or suspend any other compliance 

obligation or deadline required pursuant to this Order. 

6.26 Effect of Consent 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 of any person who has been 

Consent Order 


Revision 6 - July 12,2001 


15 

determined to be a responsible party or liable pe rson pursuant to those prior orders. 

VII. EFFECTIVE DATE 

7.1. The effective date of this Order shall be the date on which this Order is signed by the 

Parties. 

Vlll. PENAL TIES FOR NONCOMPLlAl'1CE 

8.1. Each Respondent may be liable for penalties of up 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 of any costs incurred by DTSC as a result of Respondent'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 of the parties to this Order certifies that he or she is 

fully authorized to enter into the terms and conditions of this Order and to execute and legally 

bind the Parties to this Order. 

9.2. This Order may be executed and delivered in any number of counterparts, 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 Operations Branch 

Depanmen[ of Toxic Substances Control 

cc: Site Mitigation Program 

Headquarters, Planning & Policy 

Office of Legal Counsel 

Consent Order 

Revision 6 - July 12,200 I 


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 of Legal Counsel 

Barbara 1. Cook, P.E. 

Branch Chief 

Northero California 

Coastal Cle-clnup Operations Branch 

Oepartment of Toxic Substances Control 

17