| OCR Text |
Show . EPA Docket No. CERCLA-vm-93-10 , 5 RESPONSE ACTIONS :L8. An enforcement action was taken at Bingham Creek Channel (Phase I) during 1991, pursuant to Administrative Order on Consent, Docket No. CERCLA VIII-91-11. To date, no CERCLA enforcement actions have taken place in the area defined as Bingham Creek Channel, Phase II. 19. On January 28', 1993, EPA Region VIII signed an Action Memorandum documenting the need for this removal action (Phase II), outlining the proposed action and explaining the basis for the decision to take such action. ' v. CONCLUSIONS OF LAW 20. The ARCO Tailings, the Kennecott Tailings and the Site each a "facility" as defined in S,ection 101 (9) of CERCLA, 42 U.S.C § 9601(9). are 21. of CERCLA, Respondents 42 U.S.C. are § "persons" as· defined in Section 101(21) 9601(21) .. 22. Lead and arsenic found on the Site are "hazardous substances" as defined in Section 101(14) (B) of CERCLA, U.S.C. § 9601 (14) (B). . " . The past, present, and potential future migration of 2.3. hazardous suOstances into the environment- de·scribed in Section this Order constitute a "release" or threat of "release" defined in Section 101(22) ·of CERCLA, 42 U.S.C. § 9601(22). of IV as current and past owners and operators of the Site, and/or generators of hazardous substances at the Site, Respondents are responsible parties under.section 107(a) (l}, (2) and (3) of CERCLA, 42 U.S.C. § 9607(a) (1), (2) and (3). 24. As as VI. . DETERMINATIONS 25. Based on the preceding Findings of Fact and Conclusions of Law and on the Administative Record for the Site, EPA has determined that: There has been a release and there exists a threat of 2.6. further release into the environment of hazardous substances from the Site which may present an imminent and substantial endanger.ment co the public health, welfare, or the environment. |
