Preview | Administrative Order on Consent for Removal Action |


IN THE MATTER OF: STARMET CMI Barnwell, Barnwell County, South Carolina		ADMINISTRATIVE ORDER ON CONSENT FOR REMOVAL ACTION

United States Enrichment Corporation		U.S. EPA Region 4 CERCLA Docket No.

Respondent

United States Department of Energy and United States Department of the Army Settling Federal Agencies		Proceeding Under Sections 104, 106(a), 107 and 122 of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 U.S.C. ??9604, 9606(a), 9607 and 9622


I.	JURISDICTION AND GENERAL PROVISIONS	4

II.	PARTIES BOUND	4

III.	DEFINITIONS	5

IV.	FINDINGS OF FACT	7

V.	CONCLUSIONS OF LAW AND DETERMINATIONS	9

VI.	ORDER	9

VII.	DESIGNATION OF CONTRACTOR, PROJECT COORDINATOR, AND ON-SCENE COORDINATOR	9

VIII.	WORK TO BE PERFORMED	10

IX.	SITE ACCESS	15

X.	ACCESS TO INFORMATION	15

XI.	RECORD RETENTION	16

XII.	COMPLIANCE WITH OTHER LAWS	17

XIII.	EMERGENCY RESPONSE AND NOTIFICATION OF RELEASES	17

XIV.	AUTHORITY OF ON-SCENE COORDINATOR	18

XV.	PAYMENT OF AOC OVERSIGHT COSTS BY RESPONDENT	18

XVI.	DISPUTE RESOLUTION	19

XVII.	FORCE MAJEURE	20

XVIII.	STIPULATED PENALTIES	21

XIX.	PAYMENT OF EPA?s REMOVAL ACTION COSTS BY SETTLING FEDERAL AGENCIES	23

XX.	COVENANTS NOT TO SUE BY THE UNITED STATES	24

XXI.	RESERVATIONS OF RIGHTS BY THE UNITED STATES	25


XXII.	COVENANT NOT TO SUE BY RESPONDENT	26

XXIII.	COVENANT NOT TO SEEK REIMBURSEMENT BY SETTLING FEDERAL AGENCIES	28

XXIV.	OTHER CLAIMS	28

XXV.	CONTRIBUTION PROTECTION	28

XXVI.	INDEMNIFICATION	29

XXVII.	INSURANCE	29

XXVIII.	FINANCIAL ASSURANCE	30

XXIX.	MODIFICATIONS	31

XXX.	NOTICE OF COMPLETION OF WORK	31

XXXI.	ATTORNEY GENERAL APPROVAL	31

XXXII.	SEVERABILITY/INTEGRATION/APPENDICES	32

XXXIII.	EFFECTIVE DATE	32

1. This Administrative Order on Consent (?Order?) is entered into voluntarily by the United States Environmental Protection Agency (?EPA?), the United States Enrichment Corporation (?USEC? or ?Respondent?), and the United States Department of Energy and Department of the Army (?Settling Federal Agencies?). This Order provides for the performance of a removal action by the Respondent, the payment by the Settling Federal Agencies for a removal action to be performed by EPA, and the reimbursement by Respondent of costs to be incurred by the United States from the actions taken pursuant to the sections of this Order which apply to the Respondent, at or in connection with the property located at the Starmet CMI facility located at 365 Metal Drive, in Barnwell, Barnwell County, South Carolina (?Site?). This Order also constitutes a settlement agreement between the United States and USEC to resolve USEC?s contribution claims against the Settling Federal Agencies. This Order requires Respondent to conduct the removal action described herein and requires the Settling Federal Agencies to fund a removal action to be performed by EPA to abate what EPA believes to be an imminent and substantial endangerment to the public health, welfare or the environment that may be presented by the actual or threatened release of hazardous substances, pollutants, or contaminants at or from the Site.

2. This Order is issued under the authority vested in the President of the United States by Sections 104, 106(a), 107 and 122 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. ?? 9604, 9606(a), 9607 and 9622, as amended (?CERCLA?). The settlement agreement between USEC and the United States with regard to the Settling Federal Agencies is entered into pursuant to the Attorney General?s authority to settle matters in anticipation of litigation.

3. EPA has notified the State of South Carolina, (the ?State?) of this action pursuant to Section 106(a) of CERCLA, 42 U.S.C. ? 9606(a).

4. The actions undertaken by Respondent and the Settling Federal Agencies in accordance with this Order do not constitute an admission of any liability. The Respondent and the Settling Federal Agencies do not admit, and retain the right to controvert in any subsequent proceedings other than proceedings to implement or enforce this Order, the validity or accuracy of the findings of facts, conclusions of law, and determinations in Sections IV and V of this Order. The Respondent and the Settling Federal Agencies agree to comply with and be bound by the terms of this Order and further agree that they will not contest the basis or validity of this Order or its terms.

5. This Order applies to and is binding upon EPA, the Respondent, the Respondent?s agents, successors and assigns, and the Settling Federal Agencies. Any change in ownership or corporate status of the Respondent including, but not limited to, any transfer of assets or real or personal property shall not alter the Respondent?s responsibilities under this Order.

6. The Respondent shall ensure that its contractors, subcontractors, and representatives performing work under this Order receive a copy of this Order and comply with this Order. Respondent shall be responsible for any noncompliance by Respondent, its contractors or representatives with this Order.

7. Unless otherwise expressly provided herein, terms used in this Order which are defined in CERCLA or in regulations promulgated under CERCLA shall have the meaning assigned to them in CERCLA or in such regulations. Whenever terms listed below are used in this Order or in the appendices attached hereto and incorporated hereunder, the following definitions shall apply:

a. ?Action Memoranda? shall mean the EPA Action Memoranda relating to the Site signed on July 23, 2002, August 16, 2002, September 24, 2002, January 3, 2003, June 25, 2003, by the Regional Administrator, EPA Region 4, or his delegate, and all attachments thereto.

b. ?AOC Oversight Costs? shall mean all costs, including but not limited to, direct and indirect costs, that the United States incurs in reviewing or developing plans, reports or other items pursuant to the USEC-Lead Work portions of this Order, verifying the USEC-Lead Work, or otherwise implementing, overseeing, or enforcing the portions of the Order relevant to USEC-Lead Work, including but not limited to, payroll costs, contractor costs, travel costs, laboratory costs, the costs incurred pursuant to Section IX (Site Access), Section XIII (Emergency Response) and Paragraph 72 (Work Takeover).

c. ?CERCLA? shall mean the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. ?? 9601, et seq.

d. ?Day? shall mean a calendar day. In computing any period of time under this Order, where the last day would fall on a Saturday, Sunday, or Federal holiday, the period shall run until the close of business of the next working day.

e. ?Effective Date? shall be the effective date of this Order as provided in Section XXXIII.

f. ?EPA? shall mean the United States Environmental Protection Agency and any successor departments or agencies of the United States.

g. ?EPA?s Removal Action Costs? shall mean all costs not inconsistent with the NCP incurred by EPA in conducting the EPA-Lead Work at or around the Depleted Uranium Center and Reduction Building at the Site.

h. ?EPA-Lead Work? shall mean all work conducted by EPA and its contractors and subcontractors, in planning, implementing and overseeing the removal and disposal of the Waste Materials that are stored in and around the Reduction Building and the Depleted Uranium Building, except for work required of Respondent in Respondent?s Statement of Work (Appendix A of this Order).

i. ?Interest? shall mean interest at the rate specified for interest on investments of the EPA Hazardous Substance Superfund established by 26 U.S.C. ? 9507, compounded annually on October 1 of each year, in accordance with 42 U.S.C. ? 9607(a). The applicable rate of interest shall be the rate in effect at the time the interest accrues. The rate of interest is subject to change on October 1 of each year.

j. ?National Contingency Plan? or ?NCP? shall mean the National Oil and Hazardous Substances Pollution Contingency Plan promulgated pursuant to Section 105 of CERCLA, 42 U.S.C. ? 9605, codified at 40 C.F.R. Part 300, and any amendments thereto.

k. ?Order? shall mean this Administrative Order on Consent and all appendices attached hereto (listed in Section XXXII). In the event of conflict between this Order and any appendix, this Order shall control.

l. ?Paragraph? shall mean a portion of this Order identified by an Arabic numeral.

n. ?Past Response Costs? shall mean all costs, including, but not limited to, direct and indirect costs, that the United States paid at or in connection with the Site through the Effective Date of this Order.

o. ?RCRA? shall mean the Solid Waste Disposal Act, as amended, 42 U.S.C. ?? 6901, et seq. (also known as the Resource Conservation and Recovery Act).

p. ?Respondent? or ?USEC? shall mean the United States Enrichment Corporation including any of its parents, subsidiaries or affiliates, or any of officers, employees, or directors.

q. ?Respondent?s Statement of Work? or ?SOW? shall mean the statement of work for implementation of the USEC-Lead Work, as set forth in Appendix A to this Order, and any modifications made thereto in accordance with this Order.

s. ?Settling Federal Agencies? shall mean the United States Department of Energy and United States Department of the Army, which are resolving any claims that have been or

could have been asserted against them with respect to the payment or incurrence of response and oversight costs required by this Order.

t. ?Site? shall mean the Starmet Superfund Site, located at 365 Metal Drive, in Barnwell, Barnwell County, South Carolina, and depicted generally on the map attached as Appendix B.

u. ?Starmet? shall mean Starmet CMI, Starmet Corporation and any and all of their current or former subsidiaries, parents, affiliates, predecessors, or successors.

w. ?United States? shall mean the United States of America, including all of its departments, agencies, and instrumentalities which includes without limitation EPA, the Settling Federal Agencies, and any Federal Natural Resources Trustee.

x. ?USEC? shall mean the United States Enrichment Corporation, a Delaware corporation, and does not include the United States Enrichment Corporation, defined below as ?USEC Federal,? which was a government corporation, and does not include any federal agency.

y. ?USEC Federal? shall mean the United States Enrichment Corporation, a wholly owned government corporation and an agency and instrumentality of the United States.

z. ?USEC-Lead Work? shall mean all activities that Respondent is required to perform under this Order, as described in the Respondent?s Statement of Work and Section VIII, Work To Be Performed.

aa. ?Waste Material? shall mean 1) any ?hazardous substance? under Section 101(14) of CERCLA, 42 U.S.C. ? 9601(14); 2) any pollutant or contaminant under Section 101(33) of CERCLA, 42 U.S.C. ? 9601(33); 3) any ?solid waste? under Section 1004(27) of RCRA, 42 U.S.C. ? 6903(27).

bb. ?Work? shall mean all activities required under this order. It is the combination of EPA-Lead Work and USEC-Lead Work.

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