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Show EPA Docket No. CERCLA·vm·93·tO RESPONSE 5 ACTIONS 8. An enforcement action was taken at Bingham Creek Channel (Phase I) during 1991, pursuant to Administrative Order on Consent, Docket No. CERCLA VIII-9-11.' To date, no CERCLA enforcement actions have taken place in the area defined as Bingham: Creek Channel, Phase II. On January 28, 1993, EPA Region VIII signed an Action 9. Memorandum documenting the need for this removal action (Phase II), outlining the proposed action and explaining the basis for the decision co take such action. v. CONCLUSIONS OF LAW 20. The ARea Tailings, the Kennecott Tailings and the Site of CERCLA, 42 are each a "facility" as defined in Section 101(9) U.S.C. §.9601(9). 21. of CERCLA, are Respondents U.S.C. 42 s "persons" 9601 (21) as defined in Section 101(21) . 22. Lead and arsenic found on the Site are "hazardous substances" as defined in Section 101 14) .(B) of CERCLA, U.S.C. . s 960(14) (B). 23 The past, present, aild potential future migration of." hazardous substances into the environmenn described in Section rv of this ,Order constitute.a "release" or threat of "release" as: defined in Section 101(22) of CERCLA, 42 U.S.C. §- 9601(22). • owners and operators of' the Site, hazardous substances at, the Site, and/or generators are responsible parties under section 107(a) (1), (2) Respondents and (3) of CERCLA, 42 U.S.C § 9607{a) (1), (2) and (3). 24. as As current and pat of vr; DETERMINATIONS 2S. Based on the preceding Findings of Fact and Conclusions of Law and on the Administrative Record for the Site, EPA has determined that: . There has been a release and there exists a threat 'of 26. further release into the environment of hazardous substances from the Site which may present an imminent and substantial endanger:ment to the public health, welfare, or the environment. |
