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DECLARATION FOR THE EXPLANATION OF (£'

SIGNIFICANT DIFFERENCES

F. O'Connor Super fund Site

Augusta , Maine

This decision document sets forth the basis for the determination

to issue the attached Explanation of Significant: Differences

(BSD) for the F, O'Connor Superfund Site in .Augusta, Maine.

Section 11.7 (c) of the Comprehensive Environmental Response,

Compensation and. Liability Act (CERCLA) requires that, if any

remedial or enforcement action is taken under Section 106 of

CERCLA. after adoption of a. final remedial action plan., and if

such action differs in any significant respects from the final

plan (i.e., scope, performance or cost), the United States

Environmental Protection Agency (EPA) shall publish an

explanation of the significant differences and the reasons such

changes were made. Current EPA guidance (OSWER Directive 9355.3-

02) further provides that issuance of an BSD is appropriate where

the Agency determines the need for changes to the ROD which sire

significant but: which do not fundamentally alter the over," 11

remedy. In the present: case,, because the required adjustments to

the ROD do not: fundamentally alter the selected remedy for the

Site, this BSD is being issued properly,

In accordance with Section 117 (d) of CERCLA, this BSD will become

part of the Administrative Record which is available for public

review at both the EPA. Region I Record Center in BOIES ton,

Massachusetts and the Lithgow Public Library in Augusta, Maine.

PJ&LARATJON.

For the foregoing reasons,, by my signature below, I approve the

issuance of an Explanation of Significant; Differences for the F.

O'Connor Superfund Site in Augusta, Maine and the changes stated

therein ..

Date

 k "-John P. DeVillars

Regional Administrator
EXPLANATION OF SIGNIFICANT DIFFERENCES

F. O'CONNOR SUPERFDND SITE

AUGUSTA, MAINE

I., INTRODUCTION

A. Site Naxne and Location

Site Name: F. O'Connor Superfund Site

Site Location; Augusta, Maine

B. Lead and Support: Agencies

Lead Agency: United States Environmental Protection

Agency

Support Agency: Maine Department: of Environmental

Protection

C. Legal Authority

Section 117 (c) of the Comprehensive Environmental Response,

Compensation and Liability Act (C'ERCLA) requires that, if

any remedial or enforcement action is taken under Section

106 of CERCLA after adoption of a final remedial action

plan, and if such action differs in any significant, respects

from the final plan, the United States Environmental

Protection Agency (EPA) shall publish an explanation of the

significant, differences and the reasons such changes were

made. On September 27, 1989 EPA issued a Record of Decision

(ROD) for the F. O'Connor SuperEund Site. Since the

issuance of the ROD, EPA has evaluated information that has

been developed as a part of the remedial pre-design process,

has re-evaluated information in the administrative record

supporting the issuance of the ROD, arid has determined that

an adjustment to the remedy described in the ROD is

necessary. Accordingly, EPA is issuing this Explanation of

Significant Differences (ESDI.

In accordance with Section 117 (d) of CERCLA, this ESD will

become part of the Administrative Record which is available

for public review at both the EPA Region 1 Record Center in

Boston, Massachusetts and. the Lithgow Public Library in

Augusta, Maine.
II. SUMMARY OF SITE! HISTORY, CONTAMINATION PROBLEMS AND SELECTED

REMEDY

A » £>JLte_Hi.stox2r

Location

The Site consists of approximately twenty-three acres of

land located within a. larger 65-acre parcel of property

located along U.S. Route 17 near the eastern boundary of the

urban compact: zone of Augusta, Maine. On June 3, 1991, the

City of Augusta adopted a land use ordinance which

identifies the Site property as a "Planned Development

District," which allows residential, industrial and

commercial use. The Site was purchased by Central Maine

Power Company (CMP) from the F. O'Connor Company on

March 11,"1992.

Remedial Investigation/Feasibility Study (RI/FS)

An investigation into the nature arid extent: of contamination

at. the Site was conducted from 1986 to 1989. The Remedial

Investigation was performed to characterize the geology,

hydrogeology, and distribution of contaminants in soil,

groundwater, surface water, and sediments at the Site.

Surface 'waters and sediments are within two lagoons located

on site. The Feasibility Study presented and evaluated

various remedial alternatives relative to the criteria

established under CERCLA, including the remedial

alternatives selected, in the 1989 ROD.

Based on the Feasibility Study, EPA proposed a remedy called

the "preferred alternative" for the Site in a Proposed Plan

dated July 1989. Following a public comment period, the

preferred alternative was established by EPA as the final

selected remedy for the Site in the 1989 ROD and agreed, to

by EPA and CMP in a Consent Decree entered in September

1991. Section II-B of this BSD provides a summary of. the

1989 selected remedy (refer to the 1989 ROD for a full

description).

Kerne dial Pre- design Studies

As required under the Consent Decree,, remedial pre-design

field studies have been conducted by CMP firorri June 1991

through January 1993. The management of migration component

of the 1989 ROD has not changed, however, the source control

remedial pre-design field studies have provided new Site

information and are incorporated into this BSD. This new

i n forma t. i on i n c 1 ude s ;
• Collection and analysis of soil and sediment samples to

refine the estimate of soil and sediment volumes

re qui ring rerned i at ion;

• Additional treatability studies to examine the

iirnpl e rnent: ab i. 1 i ty and techn i c a 1 f eas ib i. 1 i ty of sol vent

extraction technology to achieve the target cleanup

goals established, for PCBs and cPAHs;

« Additional information necessary to complete the design

of the full-scale remediation plan;

« Collection and analysis of surface water samples to

evaluate treatment options for water in the on-site

lagoons; and

» Delineation mapping and functional analysis of on-site

'wetlands .

On-site pilot-scale treatability studies were designed as

part of the required remedial pre-design studies to evaluate

the ability of solvent extraction technology to achieve the

1989 target cleanup goals established for PCBs and cPAHs.

From the results of the remedial pre-design studies, the EPA

and the Maine Department of Environmental Protection (DEP)

have concluded that the use of solvent extraction technology

may not be feasible to treat PCB and cPAH contaminated soils

found at much of this site to the target: cleanup goals

established in 1989. PCB arid cPAK concentration levels of

Ipprri may not be technically feasible and/or attainable in a

cost.-effective manner using solvent extraction for the soils

and contaminant levels found at this site.

The results of additional soil and sediment sampling

(conducted since the 1989 ROD) show a significant increase

in contaminated soil and sediment volume over what was

estimated in 1989. As a result, if using the 1989 target

cleanup goals, it was estimated by Central. Maine Power

Company that the cost of the source control remedy would

increase by an estimated 85 percent of the 198:9 cost

estimate. However, by using the adjusted target clean-up

goals, established by this BSD, and accounting for the

estimated increase of soils and sediment to be treated, the

estimated cost of the source control remedy is now $13,6

million. This revised cost estimate is comparable to the

original 1989 cost, estimate of $13.3 million. The revised

total cost estimate for the entire cleanup (including

Management of Migration and Riggs Brook) is now $16.5

million. The original 1989 cost estimate for the entire

remedy was $14.2 million.
On September 27, 1989, EPA signed a Record of Decision (ROD)

for the O'Connor Superfund Site. The selected cleanup

approach for the Site includes two primary components:

source control and. management of: migration. Only the source

control component is affected, by this BSD arid is summarized

below. Refer to the 1989 Record of Decision for a complete

description of the source control and management of

rnigrat ion component s .

The source control component of the 1989 ROD requires that

al 1. contaminated soil and. sediment: conta ining concent rat ions

of polychlorinated biphenyls (PCBs), carcinogenic polycyclic

aromatic hydrocarbons (cPAHs), and lead above target: cleanup

goals are to be excavated and treated on-site using solvent

extraction technology. The 1989 ROD established that the

soils would be cleaned to the following former target

cleanup goals:

total PCBs - 1 part: per million (ppm)

total cPAHs - 1 ppm

lead - 248 ppm

Additionally, treated, soil and sediment: that have lead

levels above the target cleanup goal will undergo further

t: rea tment us i ng s o 1 i di f i cat i on/ s t abi 1 i z a t: ion i f:, a ft e r

undergoing t he EPA t oxicity characte ri sti c 1eaching

procedure (TCLP) test, they continue to exhibit: the

characteristics of a. hazardous waste.

Treated soils arid sediment achieving the cleanup standards

will be backfilled on-site. Treated soils and sediment:

failing to achieve the cleanup goals will require off-site

land disposal; this off-site disposal includes soils and

sediments which exceed the cleanup target: goal for lead

irrespective of whether the material required

sol id i f i cat: i on /s t abi 1 i za t ion . Cont am i na ted 1 iqu ids p rodu ced

during solvent: extraction treatment that contain extracted

PCBs and cPAHs will be destroyed off-site at a licensed TSCA

incinerator.

Ill. DESCRIPTION OF SIGNIFICANT DIFFERENCES

S i. t e De £ :i.n i t ion and Boundar :i. ea

The Site boundary has been redefined to include a total

approximately twenty-three acres in order to be more

consistent: with the State of Maine's designation of this

uncontrolled hazardous substance site. See Figure 2. See

Attachment. 2 for a deed description of the Site.
Adjus feed Target Cleanup Goals

The target cleanup goals defined in the 1989 ROD were

derived in the Feasibility Study, 1989 (Appendix B) to

protect: both human health and the environment. Protection

of human health assumes a future use of the site by the

public in a residential setting. Protection of the

environment was developed by conduct, ing food-chain exposure

modeling. Exposure to two groups of organisms (birds and

mammals) was quantitatively evaluated.

When the ROD was written in 1989, it was recognized that the

target: cleanup goals for PCBs and cPAHs may be difficult to

achieve using solvent extraction technology. Performance of

remedial pre-design studies was made a requirement of the

1989 ROD in order to provide additional information on the

feasibility of this technology to achieve target cleanup

goals when implemented at full-scale. Central Maine Power

Company has completed the required remedial pre-design

studies which included bench-scale and on-site pilot:-scale

treatability studies. These pre-design studies showed

implementing the solvent: extraction technology, as required

in the 1989 ROD, would be difficult at this Site. The

pilot-scale treatability studies allowed the EPA .and the

Maine DEP to conclude that currently the technology can not

achieve the target cleanup goals established in the 1989

ROD. The assessment of impiementability is based on the

technical difficulties and unknowns associated with the

construction, and operation of the technology based on pilot--

scale treatability testing performed on site.

Based on the assessment: of impiementability and the new

information developed since the 1.989 ROD, EPA is adjusting

the soil target: cleanup goals for all soils which are to be

located more than 12 inches below grade and within, a three

to four acre "designated area." (see Figure 3). The target

cleanup goals for the "designated area" are:

total PCBs - 1.0 pprn

total cPAHs - 10 ppm

lead - 248 ppm (no change)

The target cleanup goals for all areas outside the

"' d e s i g n a t: e d a r e a" a r e :

PCBs - 1 ppm

cPAHs - 1. ppm

lead - 248 ppm

In addition, the top 12 inches across the entire excavated

area of the site will be replaced with clean fill from, offsite sources. The clean fill will consist, of topsoil and
will be revegetated. The clean fill/topsoil shall contain

less than or equal to 1 pprri PCBs, 1 ppnri cPAHs, and 248 ppm

lead. This approach will ensure that even if those soils

contaminated with between 1 and 10 ppm PCBs or cPAHs were

ever disturbed by potential future activities at the site,

the PCB and cPAH levels at the surface will likely be less

than Ipptn clue to the mixing with clean soil. This cleanup

goal and approach is also consistent with the TSCA PCB Spill

Cleanup Policy (40 CFR 761 Subpart G) for nonrestricted

access areas. This approach is also consistent: with EPA' s

OSWER Di r ect: i ve No . 9 3 5 5 . 4 - 01 " Gu ida rice on Remedial Ac t i on s

for Superfund Sites with PCB. Contamination," August 1990,

for nonrestricted access area.

The target, cleanup goals for both inside arid outside of the

"designated area." are within EPA's acceptable range of

10" * t o 10"6 r i s k f o r a re s i de n t i a 1 s e 11 i n g .

The 12 inches of clean fill/topsoil with 1 ppm (or less)

PCBs and cPAHs continues to meet the cleanup goals

established in the 1989 ROD, as required by U.S. Fish &

Wildlife Service and the Maine DEP for the protection of: the

environment.

From, the remedial pre-design studies it can be concluded

that the solvent: extraction technology is capable of

achieving the adjusted target cleanup goals, and is

the re fore imp lenient a ble .

Contingency Cleanup Plan

The 1989 ROD requires treated soils which fail to meet the

target cleanup goals be to taken off-site'for proper

disposal in accordance with federal and state laws. This

ESD allows for off-site disposal in accordance with federal

and state laws should EPA, after consultation with the Maine

DEP, determine that: full-scale implementation of solvent

extraction is not feasible at this site. Solvent extraction

is an innovative treatment technology which has not yet been

proven operational at full-scale, The significant:

difference from the 1989 ROD and this ESD is that soils will

not have to be treated prior to off-site disposal should the

EPA make the determination that treatment is not feasible.

IV., SUPPORT AGENCY COMMENTS

The Maine DEP acknowledges that the Maine DEP has had an

opportunity for review and comment and concurs with this ESD

with conditions which are provided in a letter of

concurrence (Attachment: 1) .
V. STATUTORY DETERMINATIONS

Considering the adjustment to the selected remedy set forth

i n t he 1 9 8 9 RO D a n d a s de s c r i b e d i n t h i s E S D, t h e E PA

believes that the remedy remains protective of human health

and the environment, complies with all Federal and State

requirements that: are applicable or relevant and appropriate?

t o t h i s t: e m e d i a 1 a c t i o n a n d i s c o s t e f f e c t: i v e . E n a d d :i t: i o n,

the revised remedy continues to utilize permanent solutions

and alternative treatment technologies to the maximum ex:Lent:

p r a c t i c a b 1 e E o r t: h :i s s i t e .

vi. PUBLIC: PARTICIPATION

In accordance with Section L17(d) of: CERCLA, this ESI) will

become part: of the Administrative Record which is available

f o r p ufo 1 i c r e v i e w a t b o t h t h e E P A Re g i o n I R e c o r d C e n t e r i. n

Boston, Massachusetts and the Lithgow Public Library in

Augusta, Maine. In addition, a pub Lie comment: period was

held from April L3 through April 30, 1994,

FIGURE 1

FIG [IRE 2

FIGURE 3

ATTACHMENT 1

ATTACHMENT 2

- SITE LOCATION MAP

- SITE BOUNDARY MAP

- SITE FEATURES MAP

- STATE CONCURRENCE LETTER

- DE ED D ES C RIPTI ON 0 F S I T E



STATE OF MAINE

DEPARTMENT OF ENVIRONMENTALJ>J$OTECTION

JOHN R MC.KERKUN, JR

GOVERNOR

June 20 ,199 4

John DeVillars

Administrator, Region I

U.S. Environmental Protection Agency

J - F. K • Federal Building

Boston Massachusetts 02203-2211

Fief: O Connor Supertund Site,

Explanation of Significant Difference;

Maine Department of Environmental Protection Concurrence.

Dear Mr. DeVillars:

The Maine Department ol Environmental Protection (State) agrees that it is practical 1o

change the source control remedy specified in the Record of Decision (ROD) dated

September 27, 1989, tor the O'Connor Supertund Site, and that the adjustment, as

specified in the Explanation of Significant Difference (BSD), which allows contaminated

soil with concentration levels of less than or equal to 10 parts per million (pprn) of

polychlormated biphenyls (RGBs) and less than or equal 1o 10 pprn of carcinogenic

polycyclic aromatic hydrocarbons (cPAHs) to remain on site maintains protection of

human health and the environment provided the following actions are taken,

Note: For the purpose of this letter, the clean-up goal of less than or equal to 10 pprn

of PCBs, less than or equal to 10 ppnri of cPAHs, and less than or equal to 248 pprn

lead shall be referred to as the "Standard".

1 . An area be designated on site for the placement of soils with hazardous

substance concentration levels meeting the Standard;

2 This designated area be excavated prior to the placement ol contaminated soil

to allow for removal of soil with hazardous substance concentration levels greater than

the Standard;

3. Sampling of the soil forming the "floor" of the designated area be done in a

manner that will provide assurance that no soils with hazardous substance

concentration levels exceeding the Standard remain in the designated area;

4. All soils on the site, with the exception of those in the designated area.

containing concentrations greater than 1 ppm PCBs, or 1 pprn cPAHs or 24 8 pprn

lead, be excavated;

5 Excavated soils containing concentrations of PCBs greater than 10 pprn or

cPAHIs greater than 10 ppm be treated! on site in the manner described in the ESD;

Serving Maine People & Protecting The if Lnintomnent

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6. Soils containing concentrations of PCBs greater than 1 ppm but equal to or less

than 10 ppm, cIPAI-ls greater than 1 ppm but equal to or less than 10 ppm, or lead

equal to or less than 248 ppm, after application of the solvent extraction process, be

placed in the designated area;

7. Soils containing concentrations greater than 248 ppm of lead, after application

of the solvent extraction process, be taken off site for appropriate disposal;

8. Soils containing concentrations of PCBs greater than 10 ppm, or cIPAI-ls greater

than 10 ppm, after application of the solvent extraction process, be taken oft site for

appropriate disposal;

9. The designated area, after placement, of all soils with concentration levels not

exceeding the Standard, be covered with 12 inches of clean soil (defined as containing

concentration levels uf less than 01 equal to 1 ppm PCBs, 1 ppm cPAi-is, and 248 ppm

lead);

10. lnstitut.iona.ll controls, as set. forth in the agreement between Central Maine

Power (CMP) and the State (signed June 8, 1994), be enacted by CMP, after

completion of source control remedial activities, to restrict the Site to

commercial/industrial uses approved by the State, and to provide for maintenance of

the clean soil cover on the designated area.

Understanding that the above actions will be taken, the State concurs with the BSD,

which modifies the ROD dated September 27, 1989, for the O'Connor Superfund Site.

Very truly yours,

f ' il l

[&*>\ /' /

Alan M. Prysunka

Director, Bureau of Hazardous Material and Solid Waste Control

cc: D. Harnish, Maine Assistant Attorney General

M. Barden, Maine DEP

HI. Aho, Maine DEP

L. Brown, Maine DEP

R. Gilleland, U. S. EPA
287 7826

i'-11-1994 14:11 DE P flUGUSTft ;;f:r> --<-,__,.: P|O:

This Agreement,, Release and Stipulation, is entered among the State of Maine and

Maine Department of Environmental Protection (collectively called "Department*) and

Central. Maine Power Company,, Inc. {"'CMP'"}, for the purposes of resolving claims by the

Department against CMP arising from conditions on a parcel of real property, more

particularly described in the attached Declaration of Restrictive Covenant,, which parcel

CMP owns and which parcel the Department has designated as an '"uncontrolled

hazardous substance site" pursuant to 38 M.R.S.A. §§ '1364 - 1365, and attaching; conditions

to said parcel of real property..

For purposes of this Agreement, and not to be construed as an, admission by any

party, but subject to the conditions and limitations set forth below, CMP and the

Department hereby agree and stipulate as follows:

1. CMP Is record owner of two parcels of property located on Eastern Avenue,,

so-called (Stab:! Route 17) in Augusta, Kennebec County,, Maine. Said parcels are more

particularly described in the attached Declaration of Restrictive Covenant A portion of

the aforesaid parcels has been designated by the Department as an uncontrolled hazardous

substance site pursuant to 36 1VLR..S.A §§ 1364 and. 1365 due to the presence in the soils on

the Site and the groundwatec under the Site of PCBs, pclyaromatic hydrocarbons (PAHs),

and lead, all of which are hazardous substances under Maine and Federal law. This same

portion has been listed on the National Priorities List as a "Superfund Site" by the United

States Environmental Protection Agency ('"EPA"). The designated portion shall

hereinafter be referred to as the "Site".

2. As a generator of the lead, PCBs and. PAHs who arranged to dispose of these

hazardous substances at the Site, CMP has been identified as one1 of the parties liable to

remediate the Site by both the Department and EPA.

3. The Site Is being cleaned up under a Consent Decree .agreed to by CMP and

EPA on November 23, 1990,, which was entered by the United States District Court for the

District of Maine on September 3, 1991, at SJ[BiJ!£d.^

, Civil Action No. 92-0302-B. Pursuant to this Consent Decree. CMP will

remediate the contaminated soils and surface water on the Site and contaminated

groundwater under the Site using methods, approved by the EPA, after opportunity for

review and comment by the Department. The treatment technologies and cleanup levels

for lead, PCBs and cPAHs at the Site ue set forth in the Record of Decision. ("ROD") issued

by EPA, EPA proposes to adjust certain cleanup levels in a document identified as the

Explanation of Significant Difference (BSD).

4, The ROD states that on-site soils will be treated using 'solvent extraction so as

to reduce the level of PCBs and cPAHs to one part per million (ppm).

5. While it is feasible to reach, this cleanup level for PCBs in the less

contaminated soils on site,, information which came to light after the ROD was, initially
287 7826

1 UN-21-1934 14=14 D.E.P. fiUGUSTO 2B7 7326 P.04

•• 2 -

approved indicates that it will neither be technically feasible nor cost: effective to achieve

the cms ppm cleanup level using the specified solvent extraction method for the more

contaminated soils. In addition, EPA has determined that: levels, of 10 ppm of total PCBs

and 10 ppm of total cPAHs falls within, the risk range which is protective of human, health.

For these reasons,, the soil cleanup levels set forth in the ROD will be adjusted by EPA. byuse of the ESI), such, that the soil treatment method set forth in the ROD will be used only

on soils with, contaminant levels greater than 10 ppm and will terminate when the

residual levels of the 'PCBs and, cPAHs ana lowered to 10 ppm. In order to protect the

environment, however,, on-site soils containing levels of total PCBs and total cPAHs of

between 1 ppm and 10 ppm will be covered with dean soil from, off site sources, to the

thickness of 12 inches as specified in the ESD. The Department agrees that a soil cover 12

indies or greater meets the Department's risk criteria of 10-»provided, that the cover is

maintained.

6. Pursuant to the Consent Decree,, following Site inspection, and submission of

a written report signed by the CMFs Project Coordinator, and a registered professional

engineer, certifying that all remedial activities have been completed in full satisfaction, of

the requirements of the Consent Decree, and EPA's agreement with this finding, EPA will

certify completion of the remedial work.

7. Natural, resources ol: the Stats of Maine, including the ground-water under the

Site, have been damaged by contamination at the Site.

8. Under both Section. 107 of CERCLA, 42 U.S.C. § '9607,, and. Maine's

Uncontrolled Sites Law,, 38 M.R.S.A., § 1367 (1989), the State of Maine has a cause of action

against CMP for damages for injury to,, destruction of or loss of natural resources of the

State.

9. Use of the groundwater beneath the Site prior to the completion of

remediation activities could pose risks to the public health arid, imperil the timely

remediation of the Site. Likewise, other on-site activities could disrupt remedial or

monitoring measures installed pursuant to the Consent Decree or imperil the ongoing

adequacy of the remediation, implemented under the Consent: Decree, including, without

limitation, the dean, soil cap described above,. In order to avoid the possibility of any such,

interferences, it is necessary for CMP to file a Declaration of Restrictive Covenant in the

form attached hereto as Exhibit A.

NOW, THEREFORE,

A. The effective date of this Agreement shall be the date upon which EPA issues

the ESD.

B, 'Within thirty (30) days of the effective date of this Agreement,, CMP shall pay

the sum, of One Hundred Twenty-Five Thousand Dollars ($125,000.00) in full
D.E.F. 28

- 3 •••

compensation, for the natural resource damages described above. Payment shall be made

by a check made payable! to the "Maine DEP Uncontrolled Hazardous Substance Fund."

This check shall be delivered within the time specified to the Director, Division of Site

Investigation and Remediation, Bureau of Hazardous Materials and Solid 'Waste Control,

State House Station. #17, Augusta, Maine 04333.

C. Within thirty (30) days of the effective date of this Agreement, CMP shall

date, execute and deliver to the Department for its acknowledgement, a Declaration of

Restrictive Covenant in the form attached hereto as Exhibit A. The Department shall

acknowledge and execute the Declaration and hold the Declaration in escrow until the

"'completion of the remedial action" by CMP as that phase is defined and used in the

above-referenced Consent Decree., The Department shall then file the executed

Declaration in the Kennebec County Registry of Deeds.

In consideration of CMFs full and timely compliance with the terms of this

Agreement, and in consideration of CMP" si full and. timely compliance with all terms and

provisions of the Consent Decree it entered with the United States Environmental

Protection Agency,, as described above, the Department releases and discharges CMP, its

p rmcipals , successors, assigns,, parent corporations, subsidiaries, affiliates , agents, servants,

employees, attorneys and directors from all actions, suits,, causes of action, claims and

demands whatsoever which the Department now 'has, or, but for the execution of this

Agreement, could or might have, against CMP',, by reason of or in respect to the

contamination of the Site described in and addressed by the Consent Decree.

CMP releases the Department and the State of Maine from any and all. actions,, suits,

causes of action, claims or demands whatsoever which, it might have, or but For the

execution of this Agreement, could or might have had, against the Department and the

State of Maine by reason or in respect 'to the contamination of the Site described in and

addressed by the Consent Decree,,

This Release shall become final and effective upon full payment of the amount:

stated in paragraph A above, the filing of die Declaration of Restrictive Covenant provided

in paragraph 13 above and CMP's full and timely compliian.ce with the Consent Decree,,

including, without limitation,, EPA's issuance! of all certificates of completion called for by

the Consent Decree.

This Release docs not apply to any person or entity not a signatory hereto arid does

not apply to any conditions other than those described above,.

By entering this Agreement,, the Department does not waive and specifically

reserves all of its authority to address any conditions other than those described above

which may be discovered at the Site and may require additional work.
287 7826

Ti.if j-21 -1994 14 : 15 D. E. P. ALIGLISTPl 237 7826 P. 06

In addition.,, this is without prejudice to the Department's right with respect to all

matters not described above, including but not limited to, the following:

(1) Claims based on a failure by CMP to meet a requirement of this Agreement;

(2) State law claims arising from a failure by CMP to meet a requirement of the

Consent Decree;

(3) Liability for any future uncompensated response costs which the Department

may mow with regard to the Site. It is not presently contemplated that there

will be any such response costs,, it being contemplated that the United States

Environmental Protection Agency's annual operations grant to the State of

Maine shall cover all State oversight costs incurred at the Site prior to the

issuance of certificates of completion by the EPA under the Consent Decree.

Notwithstanding any other provision of this Agreement, Releases and Stipulation, the

Department retains all! authority and reserves all rights to take any and. all response .actions

authorized by law and to seek reimbursements from CMP of costs incurred by the State in

taking such response actions.

DEPARTMENT OF ENVIRONMENTAL

PROTECTION

^^^^^^ DATED:

ALAN M. PRYSUNfcCA

Director, Bureau of Hazardous

Materials & Solid Waste Control

STATE OF MAINE

KENNEBEC,ss.

Personally appeared before me (this «?/*£<£ day of June, 1994 the above-named Alan M.

Prysunka, and made oath that the l?oi:%jg;oimg ia true and connect and biased upon his personal

knowledge.

NOTARY PUBLIC
14:15 DiE.P.

-5-

CENTRAL MAINE POWER COMPANY

-

Gerald C. "Poulirt

Vice President , Generation and

Technical Support

DATED: June S , 1 99')

STATE OF MAINE

KENNEBEC, ss.

Personally appeared before! me this day of April, 1994 the above-named

made oath that line foregoing is true and correct

and. based upon hist personal huowedge.

NOTARY PUBUC

KAIflLA IE. SMMSEY
287 7B2S

JUN-2] -1 994 14 : 15 D. E. P. ftUGUSTfi

DECLARATION OF RESTRICTIVE COVENANT

THIS STATE OF MAINE >

) KNOW A 1.1, MEM BY THESE PRESENTS THAT:

COUNTY OF KENNEB EC )

WHEREAS, Central Maine Power Company, a Maine corporation ("CMP")/ is

record owner of two parcel* of property located on 'Eastern Avenue, so-called (State

Route 1.7") in Augusta, Kennebec County,, Maine,, Parcel #1 is described in a Deed

from 'William R.'O'Connor to the F. O'Connor Company, dated April 1,1977 and

xecorded in the Kennebec County Registry of Deeds in Book 1987, Page 44. Parcel #2

is described. i.n ;i. Deed from Carroll E, Theriault and Mary J. Theriatdt to Robed: L.

Hussey and Jean C. Hussey, dated August 31,1973 and recorded in the Kennebec

County Registry of Deads In Book 1670, Page 1.65; and

WHEREAS, a portion of the •fores aid parcels has been designated as an

Uncontrolled Hazardous Substance Site pursuant to 38 MAS .A. §§1364 and 1365 by

the Maine Department of Environmental Protection ("DEF") and has been listed on

the National Priorities List as a "Superfund Site "by the United States

Environmental Protection Agency ('"'"EPA"') and is subject 1o remediation pursuant

to a Consent Decree entered between CMP and EPA; and

WHEREAS/ an Agreement, Release and Stipulation entered into by CMP and

DEP requires CMP to file la Declaration of Restrictive Covenant in the Kennebec

County Registry of Deeds in otder to ensure the integrity of certain remedial

measures;

NOW, THEREFORE, the parties hereto agree that the following covenant

shall run, with this land and be binding upon CMP and its successors and assigns,

and shall apply 10 the portion of the CMP parcels described in Attachment A, which

is attached'hereto and made a part hereof, and which affected portion shall

hereinafter be referred to as the "Property" and shall be effective -upon the

"completion of the remedial action" by CMP as that phrase is denned and used in

the above-referenced Consent Decree:

1. Any use of the groundwattr beneath the Property shall be prohibited without

the prior1 written approval of the DEP,

'1 Any activity which might disrupt remedial or monitoring measures installed

pursuant to the Consent Decree shall be prohibited without the prior written

approval of the DEP.

3. CMP or subsequent owner shall maintain the Property in a condition.

adequate to ensure the continued compliance with all applicable cleanup

standards prescribed in, and to ensure the ongoing adequacy of the
237 7826

L 994 L 4 L 5 D. E. P. PUGLJS Tfl ,:>B7 7B<- <-, P i/l 1

remediation implemented under the Consent Decree. By way of

and not by way of limitation, CMP or subsequent owner shall maintain all

dmi'iage ways, benns, mmiluring wells,, permeable or impemous caps or

covers (including paved portions of the property and areas covered by tops-oil

or other dean fill), piping,, pumps and electrical equipment constructed or

instilled under true Consent Decree.

4. The parties hereto agree that the restrictive covenant herein shall be

perpetually binding upon, the Property, however, if condi.ti.onsi on the

Property change, CMP or any subsequent owner of the Property may petition

DEP for consent to the removal of the restriction on the Property created

hereby and the termination of this Declaration of Restrictive Covenant.

5. The restriction contained herein shall only inure to the benefit of and shall

only be enforceable by DEP. No owner of any properly or other third party

shall benefit from the restriction contained herein or have any right or

standing to enforce same.

6. By its execution hereof, DEP acknowledges and agrees that it has reviewed

and approved of the matters contained heroin and that this Declaration of

Restrictive Covenant upon being filed in the Kennebec County Registry of

Deeds,, will satisfy the applicable provisions of the Agreement, Release and

Stipulation it has entered with CMP regarding the Property.

IN WITNESS WHEREOF, the parties hereto have executed this Declaration of

Restrictive Covenant as of the ..... clay of , 1994.

CENTRAL MAINE POWER COMPANY

By:

Name:

Title:

STATE 01? MAINE

KENNEBEC, ss.

Personally appeared before me this day of April, 1994, the above-named

and made oath that the ifone going is true and

correct and biased upon his/her personal knowledge.

NOTARY PUBLIC
14:1.6 D<E . P .

-3-

ACKNOWLEDGED AND AGREED TO:

DEPARTMEm* OF ENVIRONMENTAL

FROTECnON

By:

Name:

Title:

STATE OF MAINE

KENNEBEC/ss.

]:"ersonall.y appefiTiKi before me lihiis day of April, 1994, die abcive-aamed

and made; oath thai: tihus ixireigoing is true and cocred;

and based -upon his/her personal knowledge.

NOTARY PUBLIC
287 7826

P. M-21-1994 14M6 D.E.P. flUGUSTFl 28

Attachment A

DEED DESCRIPTION

The following di»:•;crLfoed parcel,, situated on the Northeasterly side

o:C State Route 17, Locally known as Eastern .Avenue, in. t.l: city of

Augusta, Kennebee County,, particularly bounded and described sis

follows:

Beginning at a 1" icon pipe found, at an angle point in the

North asterly sideline of Eastern Avenue (Bk. 4089-p. 269), as

shown on a plan entitled, "Standard Boundary Survey for

Central Maine Power company, F, O'Connor Superfund Site" by

Coffin Engineering, Revision dated March 22, L994. Said point

of beginning is also situated S 47 "24' 45" E of and 52,78 f t

from a 3/4"' iron pipa found at the most Southerly corner of

Henry R. '& Lillian w. Cox (Bk 1554-p, 126).

Thence N 41 12'03" E a distance of 623.68 feet to a 5/8" rabar

set in a stone wall in, the Southwesterly line of Lionel J, Si

Raymond A. Rodrigue (Bk: 2857-p.i4) . Said rebar is also

•situated S 60" 26f 23»" E of and 251.05 £< t from a 5/8" rebar

set in a drill 'hole at the most Easterly corner of Donald S.

Rodrigue (Bk 4164-p. 336).

Thence Southeasterly along the Southwesterly line of Ridrigue,

and partially following said stone wall, to •& 5/8" rebar set

at the Northwesterly sideline of si 100 foot wide, transmission

line, corridor designated Section #1S> (Bk. 1117-p. 314). The

tie line between the two last mention ad re bars is S 60° 46'07"

E and 1,354.72 ft t.

Thence S 35a12B18" W along the Northwesterly line of said

transmission corridor, a distance of 336.8,2 tt st to a 5/8"

rebar set.

Thence S 79°45'0211 W along the Northerly line of said

transmission corridor, a distance of 1324.,70 feet to a 5/8"

rebar set in the Northeasterly ideline of Eastern Avenue.

Thence N 40"50'03" W along the Northeasterly side of Eastern

Avenue, a distance of 822'.31 feet to a 5/3" rebar set at the

most Southerly corner of land conveyed from Ji in E. & Robert

L. Huesay to Central Maine Power Company (Bk 3507-p. 195).

Thence continuing N 40•SO"03" along the Northeasterly sid :>f

Eastern Avenue, a distance of 109.00 f t toack to the point ot

beginning.

'Meaning and intending to describe 23.36 acres of land, as

shown on a plan entitled, "Standard Boundary Survey for
287 7826

4:16 D.E.P. flUGUSTR 287 7826 P.12

Central Maine Power Company F, O'Connor Superfund Site" toy

Coffin Sngineering Hi Survey Ing, re-iris ion dated March 22, 1994.

All direct,i.on!:i are Magnetic 1987, based on a survey entitled,

"Proposed Sale to Augusta Water District10 by Coffin

Engineer ing lit Survey ing, dated November 9,, 1987,

Reserving an easement granted to the state of Maine, recorded

:i.:n the Rennetec County fegistry of Deeds in Book 3343-p. 221,.

E:»:ca»pti:ng the old Field burial ground which contains aJ:>out one

eighth of an acre.,

The herein described parcel is a portion of land conveyed from

P. O'Connor Co. to Central Maine Power Co., recorded in the

Kennebec County Registry of Deeds in Book 4089-p. 269, and

also a portion of land co:iweyed fro»% Jean E. Si Robert L,

Hussey to said CMPCoi,, recorded in Book 3SO7-p. 195.

TOTflL P.12
ATTACHMENT 2

DEED DESCRIPTION

The following described parcel, situated on the Northeasterly side

of State Route 1.7, locally known as Eastern Avenue, in the City of

Augusta, Kennebec County, particularly bounded and described as

follows:

Beginning at a l" iron pipe found at an angle point: in the

Northeasterly sideline of Eastern Avenue (Bk 4089-p. 269), as

shown on a plan entitled, "Standard Boundary Survey for

Central Maine Power Company, F, O'Connor Super fund Site" byCoffin Engineering; Revision dated March. 22, 1994.. Said point

of beginning is also situated S 47°24'45" E of and 52.78 feet

from a 3/4" iron pipe found at the most Southerly corner of

Henry R. & Lillian W. Cox (Bk 1554-p. 126).

Thence N 47° 42' 03" E a distance of 623.. 68 feet to a 5/8" rebar

set in a stone wall in the Southwesterly line of Lionel J. &

Raymond A. Rodrigue (Bk 2857-p.34). Said rebar is also

situated S 60°26'23" E of and 251.05 feet from a 5/8" rebar

set in a drill hole at the most Easterly corner of Donald S.

Rodrigue (Bk 4164-p. 336).

Thence Southeasterly along the Southwesterly line of Ridrigue,

and partially following said stone wall, to a 5/8" rebar set

at the Northwesterly sideline of a 100 foot wide transmission

line corridor designated Section #19 (Bk 11.17-p. 314) ,. The

tie line between the two last mentioned, rebars is S 60046'07"

E and 1,354.72 feet.

Thence S 35° 12"18" W along the Northwesterly line of said

transmission corridor, a distance of 386.. 82 feet to a 5/8"

rebar set.

Thence S 79°45'02" W along the Northerly line of said

transmission corridor,, a distance of 82:4.70 feet to a 5/8"

rebar set in the Northeasterly sideline of Eastern Avenue.

Thence N 40050'03" W along the Northeasterly side of Eastern

Avenue, a distance of 822.31 feet to a 5/8" rebar set at the

most Southerly corner of land conveyed from Jean E. fi: Robert

L. Hussey to Central Maine Power Company (Bk 3507-p. 195) .

Thence continuing N 40°50I03" along the Northeasterly side of

Eastern Avenue,, a distance of 109.00 feet back, to the point of

beginning.

Meaning and intending to describe 23.36 acres of land, as

shown on a plan entitled, "Standard Boundary Survey for
Central. Maine Power Company F. O'Connor Superfund Site" by

Coffin Engineering & Surveying, revision dated March 22, 1994.

All directions are Magnetic 1987,, based on a survey entitled,

"Proposed Sale to Augusta Water District1" by Coffin

Engineering & Surveying, dated November 9, 1987.

Reserving an easement granted to the State of Maine, recorded

in the Kennebec County Registry of Deeds in Book 334.3-p. 221.

Excepting the old Field burial, ground which contains about, one

eighth of an acre.

The herein described parcel, is a portion of land conveyed from

F. O'Connor Co. to Central Maine Power Co., recorded in the

Kennebec County Registry of Deeds in Book. 4089-p. 269, and

also a portion of land conveyed from Jean E. & Robert L.

Hussey to said CMPCo., recorded in Book 3507-p. 195.

X:\LHR\DEEDDES.CRN