| OCR Text |
Show EPA Docket No. CERCLA-vm-93-10 RESPONSE ACTIONS An enforcement action 18. was taken at Bingham Creek Administrative Order pursuant To date, no CERCLA on ccasene Docket No. CBRCLA VIII-91-11. enforcement actions have taken place in the area defined as (Phase I) Channel during 1991, to , Bingham Creek Channel, Phas,e 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 OP LAW 20. The ARCO Tailings, the Kennecott Tailings and the Site each a "facility· as defined in Section 10'1(9) of CERCLA, '4-2 U S·. C. §. 9601 (9) are • • 21. of Respondents CERCLA, 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 oE hazardous substances into the environment:. described in Section.. IV of this Order constitute a ·release· or threat of' ·"release·- asdefined in Section 101(22) f CBRCLA, 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 Ca) (1), (X) •. . and (3) of CERCLA, 42 U:S.C. VI. § 9607(a) (1), (2) and (3). DETERMINATIONS Based on the preceding Findings of Fact and Conclusions of Law and' on the Administrative·Record for the Si'te, EPA has determined. that: 25. 26. There has been a release and there exists a threat or further release into the environment of hazardous substances from ·_the Site which may present an iImninent and substantial' endanger.ment to· the public health, welfare, or the environment. |
