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Show :EPA Docket No. CERCLA-Vm-93-10 RESPONSE 5 ACTIONS 18. An enforcement action was taken at Bingham Creek Channel (Phase I) during 1991, pursuant to Administrative Order on Consent, Docket No. CERCLA VIII-91-11. To date, no CERCLA enforcement actions have taken place in the area defined as Bingham Creek Channel, 'Phase IIo 1993, EPA Region VIII signed an Action documenting the need for this removal action (Phase outlining the proposed action and explaining the basis for On January 28, 9. Memorandum II), the decision to take such action. V. are 20. each U.S.C. § The ARCO a Tailings, the "facility" as defined OF LAW Kennecott Tailings in Section 10l(9) and of the Site CERCLA, 42 9601(9). 21. of CONCLUSIONS Respondents CERCLA, 42 U.S.C. are § "persons" as defined in Section 101(21) 9601(21). 22. Lead and arsenic found on the Site substances" as defined in Section 101(14) (B) § 9601 (14) (B) are of "hazardous CERCLA, U.S.C. . The past, present, and potential future migration of 23. hazardous substances into the environment. described in Section of this Order constitute a "release" or threat of "release" as defined in Section 101(22) of CERCLA, 42 U.S.C. § 9601(22). IV 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 U.S.C. VI. § 9607 (a) (1), (2) and (3). DETERMINATIONS Based on the preceding Findings of Fact and on the Administrative Record' for the Site, determined that: 25. of Law and Conclusions EPA has There has been a release and there exists a threat of 26. further release into the environment of hazardous substances from the Site which may present an imminent and substantial endangerment to the ,pUblic health, welfare, or the environment. |
