| OCR Text |
Show EPA Docket No. CER.CLA-vm-93-10 RESPONSE ACTIONS An enforcement action was 18. taken at Bingham Creek (Phase I) during 1991, pursuant to Administrative Order To date, no CERCLA Consent, Docket No. CBRCLA VIII-91-11. Channel on enforcement actions have taken place in the Bingham Creek Channel, Phase II. area defined as On January 28, 1993, EPA Region VIII signed an Action 19. Memorandum documenting the need tor this removal action (Phase II), outlining the proposed action nd explaining the basis for the decision to take such action. v. OP CONCLUSIONS LAW 20. The ARca Tailings, the Kennecott Tailings and the Site each a "facility" as defined in Section 101(9) of CERCLA, ,42 U.S.C. i 9601(9). are of 21. Respondents CERCLA, 42 U.S.C. are ·persons" as defined in Section 101(2l.) § 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 o hazardous substances into the environmenb described in Section IV of this Order constitute a -release· or threat of' ,"release· as defined in Section 101(22) f CBRGLA, 42 U.S.C. § 9601(22). 24., As current and past owners and operators of, the Site, and/or as generators of hazardous substances at the Site, Respondents are responsible parties under section 107(a) (1), (2) " and (3) of CERCLA, 42 US.C. § 9607(a) (1), VI. DE'l'ERMrNATl:ONS (2) and (3). 2S. Based on the preceding Findings of Fact and Conclusions of'Law and on the Administrative 'Record for the Site, PA has determined, that: There has been a release and there exists a, threat or 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. |
