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Show I. JURISDICTION AND GENERAL PROVISIONS This Order is entered into voluntarily by the United States Environmental Protection Agency ("EPA") and Kennecott Utah Copper Corporation ("Kennecott"). This I. agreement provides for Kennecott to perform certain response actions in connection with the Phase I Herriman Residential Soils Removal Action Area located in the town of Herriman, Utah, in Salt Lake County, Utah ("Site"). 2. The objectives of EP A and Kennecott under this Order are for Kennecott to provide transportation and disposal of no more that 60,000 cubic yards of lead and arsenic contaminated soils removed by EPA and for Kennecott to provide no more than' 60,000 cubic yards of clean backfill, as described in the Herriman Soils Transport and Placement Work Plan for the Phase I Herriman Residential Soils Removal Action Area and paragraph 35 of this Order, which removal EPA will conduct during 1997 at the Site. 3. This Administrative Order on Consent ("Order") is issued by EPA pursuant, to the authority vested in the President of the United States by sections 104(a)'and 1 22(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. §§ 9604(a), and 9622(a), as amended ("CERCLA"). This authority is delegated to the Administrator of the EPA by Executive Order No. 12580, January 23, 1987,52 Federal Register 2923, further delegated to the EPA Regional Administrators by EPA Delegation No. 14-14-C and redelegated to the Assistant Regional Administrator for the Office of Ecosystems Protection and Remediation of Region Vlll. 4. EPA has notified the State of Utah of this action pursuant to section 122(a) of CERCLA, 42 U.S.C. § 9622(a). 5. Kennecott's participation in this Order shall not constitute or be construed as an admission of liability or of agreement with EPA's Findings of Fact or Conclusions of Law and Determinations contained in this Order except in a proceeding to enforce the terms of this Order. Kennecott and EPA agree to comply with and be bound by the terms of this Order. Kennecott further agrees that it will not contest the basis or validity of this Order or its terms. II. 6. successors and PARTIES BOUND This Order applies to and is binding upon EPA, Kennecott and upon Kennecott's assigns. No change in ownership or corporate status of Kennecott including, but not limited to, any transfer of assets or real or personal property shall alter Kennecott's responsibilities under this Order. 7. Kennecott shall ensure that its contractors, subcontractors, and representatives conducting activities pursuant to this Or.der shall receive a copy of this Order and comply with, this Order. Kennecott shall be responsible for any noncompliance with this Order. 2 |
