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Show EPA Docket No. CERCLA-vtn-93-10 RESPONSE 5 ACTIONS taken at Bingham Creek Channel (Phase I)_ during 1991, pursuant to Administrative Order To date, no CERCLA on Consent, Docket No. CERCLA VIII-9-11. enforcement actions have taken place in the area defined as Bingham: Creek Channel, Phase II. '8 An enforcement action • was 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 to take such action. V. ·CONCLUSIONS OF 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. § 9601(9). are 21. of Respondents CERCLA, U.S.C. 42 are § "persons" as defined in Section 101(21) 9601(21). Lead and arsenic found on the Site 22. substances" as defined in Section 0114).(B) . I. 9601 ( 14) (B) are "hazardous of CERCLA, U.S.C. • The past, present, and potential future migration of.: 23. hazardous substances into the environmenc 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). 24. As current and pat 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), and (3) of CERCLA,' 42 U.S.C § 9607 (a) (1), vr. DETERMINATl:ONS (2.) and (2) (3). Based on·the preceding Findings of-Fact and Conclusions 25. of Law and on the Administrative Recordrfor the Site, EPA has determined that: . There has been a release and there exists a threat of 2.6. into the environment of hazardous substances from release further which Site the may present an imminent and substantial the public health, welfare, or the environment. to endangerment |
