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Show EPA Docket No. CERCLA-VIII-95-04 I. JURISDICTION AND 'GENERAL PROVISIONS This Order is entered into voluntarily by the United Environmental Protection Agency (,iEPA") and Kennecott Utah This agreement provides for·the Copper Corporation ("Kennecott"). performance by Kennecott of the removal action, as specified in 1. States the of' Work, and the payment by Kennecott of response incurred by the United States in connection with the North Facility Soils ("NFS") and Wastewater Treatment Plant Ponds ("WWTP") removal action located in Salt Lake County, Utah Statement cost'S (collectively The the "Site"). EPA and Kennecott under this Order are with EPA oversight, a site conduct, and removal action at the Site evaluation investigation, response which responds to any releases or threatened releases of hazardous substances, or pollutants or contaminants, if any, that could cause an imminent or substantial threat to public health or welfare, from the Site as described in the Work· Plan or modifications thereto, as allowed pursuant to this Order, and which is not inconsistent with CERCLA and the NCP. The objectives of this Order do not include and Kennecott shall not be required, under this Order, to undertake any activity or action that could or that could interfere with, cause shut-down of, Kennecott's While this Order does address the Site as ongoing operations. potential sources of groundwater contamination, it doas not address groundwater remediation. 2. for Kennecott 3. This objectives of to Administrative. Order on Consent ("Order") is issued pursuant to the authority vested in the President of the United States by sections 104(a} and 122(a} of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U. S. C. §§ 9604 (a) and 9622 (a)', ae amended ("CERCLA"). This is to the Administrator of the EPA delegated authority by Executive Order No. 12580, January 23, 1987, 52 Federal Register 2923, delegated to the EPA Regional Administrators by EPA Delegation No. 14-14-C, and further redelegated t6 the Assistant Regional Administrator for the Office of Ecosystems Protection and by EPA Remediation of 4. pursuant Region VIII. notified the section 122(a) of EPA has State to CERCLA, of Utah 42 of U.S.C. this action § 9622(a). this Order shall not admission of liability or of of Fact or Conclusions of Law and agreement with Determinations contained in this Order except in a proceeding to enforce the terms of this Order. Kennecott and EPA agree to and be bound with the terms of this Order. Kennecott by comply 5. Kennecott's -constitute or be participation. in construed as EPA's Findings an 3 |
