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Show V. 23. CONCLUSIONS OF LAW AND DETERMINA nONS Based on the Findings of Fact set forth above, and the Administrative Record supporting this removal action, EPA has determined that: 24. The Phase I Herriman Residential Soils Removal Action Area is a "facility" as defined by section 101(9) ofCERCL 42 U.S.C. § 9601(9). 25. Some of the material found at the Phase I Herriman Residential Soils Removal Action Area, as identified in the Findings of Fact above, includes "hazardous substances" as defined by section 101(14) ofCERCL 42 U.S.C. § 26. 9601(14). Kennecott is a "person" as defined by section 101(21) ofCERCL 42 U.S.C. § 9601(21). , 27. Kennecott may be liable under section 107(a) ofCERCL 42 U.S.c. § 9607(a). 28. The presence of hazardous substances at the Phase I Herriman Residential Soils Removal Action Area and the past. present or potential future release of hazardous substances into the environment constitutes an actual and/or threatened "release" as defined in section 101(22) ofCERCL 42 U.S.C § 9601(22). 29. The removal actions required by this Order are necessary to protect the public health, welfare, or the environment, and are not inconsistent with the NCP or CERCLA. VI. 30. ORDER Based upon the foregoing Findings of Fact, Conclusions of Law and Determinations, and the Administrative Record for this Site, it is hereby ordered and agreed that Kennecott shall comply with the following provisions, including but not limited to all attachments to this Order, and all documents incorporated by reference into this Order, and perform the following actions: 3 1. Designation of Contractor Kennecott shall notify EPA of the names and qualifications of any contractors or subcontractors to be used in carrying out Work under this Order within ten (10) days of the effective date of this Order. EPA retains the right to disapprove of any, or all, of the contractors andlor subcontractors retained by Kennecott, but must have a good faith basis for such disapproval which must be stated in a written notice to Kennecott. EP A disapproves of a selected contractor, Kennecott shall notify EPA of the identity and qualifications of any replacement within 10 days of selection. 7 If |
