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Show ,"'4 EPA Docket No. CEllCLA-VlII-93-10 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-91-1. 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 IZ), 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 Section 101(9) of CERCLA, 42 U.S.C. § 9601(9). are 21. of Respondents CERCLA, 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). , ., . 23. The past, present, and potential future migration of hazardous substances into the environmenc described 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 rv as As current and past owners and operators of the Site, 24. and/or as generators of hazardous substances at the Site, Respondents are responsible parties under sction 107(a) (1), (2) and (3) of CERCLA, 42 U.S.C. § 9607(a) (1), vx. DETERMINATIONS (2) and (3). Based on the preceding Findings of Fact and Conclusions 2S. of Law and on the Administrative Record for the Site, EPA has determined that: . 2,6. There has been a release and there exists a threat of further release into the environment of hazardous substances from the Site which may present an tmminent and substantial endangerment to th' public health, welfare,' or the environment. |
