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Show Response Actions place 15. To at this date, no enforcement CERCLA prior have actions taken Site. DETERMINATIONS AND LAW OF VII. 16. Based on the preceding Findings of Fact and the administrative record for the Site, EPA has made the following conclusions of law and determinations. Respondent does not admit, deny or consent to the conclusions of law and determinations set forth in this Section VII. a. The Bingham defined § b. in is a CERCLA, "facility" 42 as U.S.C. including lead and arsenic, "hazardous are, 101(14) of substances" U.S.C. 42 ERCLA, as § found at def ined in 9601(14); presence of hazardous substances at the Site and the past, present, or potential future release of hazardous substances described in section VI of this Order constitute an actual and/or threatened "release" as defined in section 101(22) of CERCLA, U.S.C. § Respondent 101 (21) e. Site of The 42 d. 101(9) Substances, section ) Channel 9601(9); the' Site c. Creek section o.f 9601(22); is a "person" CERCLA, determined 42 as defined U.S.C. that § in 9601 (21 section ).; the hazardous substances other materials to be moved by Respondent within the Site are solid wastes from the extraction or beneficiation of and minerals, withn the meaning of section ores 3001(b)(3)(A)(ii) of the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. § 6921(b)(3) This determination means that soil and (A)(ii). 'other materials to be moved within the Site are not "hazardous wastes" within the meaning of RCRA; EPA in has the, contaminated soils and f. The actual or threatened release of hazardous substances from the facility may present an imminent and substantial endangerment to public health or welfare or the environment; and, g. The actions required by this Order are necessary public helth or welfare or the protect environment, are in the public interest, are consistent with CERCLA and the NCP, and will to the 7 |
