| OCR Text |
Show -, 5 EPA Doc:et No. CERCLA-vm-93-10 \. ( RESPONSE ACTIONS An enforcement action 18. was taken at Bingham Creek Administrative Order Channel (Phase I) during 1991, pursuant To date, no CERCLA VIII-91-11. on Consent, Docket No. CBRCLA enforcement actions have taken place in the area defined as to Bingham Creek Channel, Phase II. On January 28, 1993, EPA Region VIII signed an Action 19 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. are each U.S.C. a LAW Kennecott Tailings in Section 10'1(9) the Site CERCLA, ·42 and of § 9601(9). 21. of Tailings, the "facility· as defined The ARca 20. OP CONCLUSIONS CERCLA, Respondents U.S.C. 42 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 environmenb described in Section IV of this Order constitute a "release" or threat of' -"release· as defined in Section 101(22) f CERCLA, 42 U.S.C. § 9601(22). 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 U:S.C. § 9607(a) (,1), (2) and (3). 2.4.. As - current .- VI. DETERMINAT:IONS 25. 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. |
