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Consent Decree-Bloomington, Indiana PCB Sites

United States District Court Southern District of Indiana Indianapolis Division UNITED STATES OF AMERICA, Plaintiff, and THE STATE OF INDIANA and THE ENVIRONMENTAL MANAGEMENT BOARD OF THE STATE OF INDIANA, Intervening Plaintiffs, Civil Action No. IP 83-9-C v.  JUDGE WILLIAM E. STECKLER WESTINGHOUSE ELECTRIC CORPORATION, Defendant and Third Party Plaintiff, v. MONSANTO COMPANY, Third Party Defendant, and THE CITY OF BLOOMINGTON,  Civil Action No. IP 81-448-C INDIANA, THE UTILITIES SERVICE BOARD OF BLOOMINGTON,  JUDGE S. HUGH DILLIN INDIANA, and MONROE COUNTY, INDIANA, Plaintiffs, v. WESTINGHOUSE ELECTRIC CORPORATION and MONSANTO COMPANY, Defendants. ) _____________________________) CONSENT DECREE ________________________________________________________________ Note: This document was scanned from the best available copy - an unsigned original. Although it was checked carefully, some typographical errors may remain. Please report any corrections to: COPA, P.O. Box 665, Bloomington, Indiana, 47408-0665 phone: (812) 333-4552 fax: (812) 332-8511. Thank you. _________________________________________________________________ TABLE OF CONTENTS Page I. JURISDICTION 1 II. BINDING EFFECT 1 III. DEFINITIONS 2 IV. PURPOSE AND SUMMARY OF ACTIVITIES 6 V. INCINERATOR OBLIGATIONS 7 VI. SOLID WASTE SUPPLIED BY THE CITY AND COUNTY 17 VII. ASH DISPOSAL 22 VIII. REMOVAL MEASURES 24 IX. CLOSURE 36 X. POST-CLOSURE ACTIVITIES 39 XI. INTERIM REMOVAL AND REMEDIAL MEASURES 40 XII. INTERIM STORAGE OF MATERIALS CONTAINING PCBs 49 XIII. GROUNDWATER MONITORING PROTOCOL 53 XIV. REPORTING 66 XV. PARTIES TO BE NOTIFIED 67 XVI. ACCESS AND RECORDS 68 XVII. ON SCENE COORDINATOR 70 XVIII. APPROVAL AUTHORITY 74 XIX. FINANCIAL 75 XX. INSURANCE 76 XXI. COMPLIANCE WITH APPLICABLE LAWS 78 XXII. PERMITS AND CONSTRUCTION SCHEDULE 79 XXIII COVENANT NOT TO SUE 82 XXIV. DISPUTE RESOLUTION 86 XXV. WAIVER OF CLAIMS 87 XXVI. REIMBURSEMENT OF 91 XXVII. DELAY OR PREVENTION OF PERFORMANCE 92 XXIII. CONSISTENCY WITH THE NATIONAL CONTINGENCY PLAN 95 XXIX. INFORMATION AVAILABILITY 95 XXX. INDEMNITY 96 XXXI. GENERAL PROVISIONS 99 XXXII. RETENTION OF JURISDICTION 103 XXXIII. TERMINATION 103 EXHIBITS Exhibit 1: The Anderson Road Landfill - Metes and Bounds forth Horizontal Limits of the site Exhibit 2: Bennett's Quarry (South Area) - Metes and Bounds for the Horizontal Limits of the site Exhibit 3: Bennett's Quarry (North Area) - Metes and Bounds for the Horizontal Limits of the site Exhibit 4: General Location Map - Bennett's Quarry, the Winston-Thomas Facility, Lemon Lane Landfill, Stout's Creek and Clear Creek Exhibit 5: General Location Map - The Winston-Thomas Facility, Clear Creek and Salt Creek Exhibit 6: General Location Map - Neal's Landfill, Richland Creek and Conard's Branc Exhibit 7: Lemon Lane Landfill - Metes and Bounds for the horizontal Limits of the site Exhibit 8: Neal's Dump - Metes and Bounds for the Horizontal Limits of the site Exhibit 9: Neal's Landfill - Metes and Bounds for the Horizontal Limits of the site Exhibit 10: The Winston-Thomas Facility - Metes and Bounds for the Horizontal Limits of the site Exhibit 11: Lemon Lane Landfill - 1958 Topographic Surface Exhibit 12: Dillman Road North Tract Legal Description Exhibit 13: Groundwater Monitoring Protocol: Tables 1, 2 and 3 The parties herein, the United States of America, for the Administrator of the United States Environmental Protection Agency (collectively "the United States"), as plaintiffs; the State of Indiana and its Environmental Management Board (collectively the "State"), as intervening plaintiffs; the City of Bloomington, Indiana (the "City"), and the Utilities Service Board of Bloomington ("USB"), as plaintiffs; and Monroe County, Indiana ("County"), as plaintiff; and Westinghouse Electric Corporation ("Westinghouse"), as defendant; by their respective attorneys, having consented to the entry of this Consent Decree; NOW, THEREFORE, before the taking of any testimony, upon the pleadings, and without the admission or adjudication of any issue of fact or law herein, and upon the consent of the parties hereto, it is ORDERED, ADJUDGED AND DECREED as follows: I JURISDICTION 1. This Court has jurisdiction over the parties and the subject matter of this action. II BINDING EFFECT 2. This Consent Decree shall bind and inure to the benefit of all parties hereto and their respective successors and assigns, whether elected or appointed. III DEFINITIONS 3. Whenever the following terms are used in this Consent Decree, the definitions specified herein shall apply: (a) Anderson Road Landfill - means that site located in Monroe County, Indiana, in the NW 1/4 of Section 25 and the NE 1/4 of Section 25, T.10N., R.1W.. A map of the landfill site including metes and bounds of the horizontal extent of the area to be addressed by this Consent Decree is included in Exhibit 1 to this Consent Decree. (b) Bennett's Quarry - means that site located in Monroe County, Indiana, in the NE 1/4 of Section 30, T.9N., R.1W.. A map of the dump site including metes and bounds of the horizontal extent of the Dump is included in Exhibits 2 and 3 to this Consent Decree. (c) City - means the City of Bloomington, Indiana, and all of its respective agencies and boards, including the Utilities Service Board ("USB"). (d) Clear Creek - means that surface stream which flows generally in a southerly direction past the Winston-Thomas Facility and is located as designated in Exhibit 4 to this Consent Decree. (e) Conard's Branch -means that surface stream which originates near the northwestern side of Neal's Landfill, flows primarily north to Richland Creek and is located as designated in Exhibit 6 to this Consent Decree. (f) Hazardous waste - means those materials meeting the definition contained in 42 U.S.C. S 6903(5) and the regulations promulgated at 40 C.F.R. Part 261. (g) Hazardous substance - means those materials meeting the definition contained in the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. SS 9601 et sea., S 9601(14). (h} Lemon Lane Landfill - means that site located within the City of Bloomington, Indiana, in the NE 1/4 of Section 31, T.9N., R.1W.. A map of the landfill site including metes and bounds of the horizontal extent of the landfill is included in Exhibit 7 to this Consent Decree. (i) Material - means any and all matter which exists in a solid, semi-solid or liquid physical state. (j) Neal's Dump - means that site located in Owen County, Indiana, in the NE 1/4 of Section 12, T.9N., R.4W.. A map of the dump site including metes and bounds of the horizontal extent of the Dump is included in Exhibit 8 to this Consent Decree. (k) Neal's Landfill - means that site located in Monroe County, Indiana, in the SW 1/4 of Section 33 and the SE /4 of Section 33, T.9N., R.2W.. A map of the landfill site including metes and bounds of the horizontal extent of the landfill is included in Exhibit 9 to this Consent Decree. (l) North Spring - means the water discharge intermittently emanating from the ground, northwest of Neal's Landfill site, and located as designated on the map of Neal's Landfill included in Exhibit 9 to this Consent Decree. (m) Polychlorinated Biphenyls ("PCBs") - means any chemical substance that contains the biphenyl molecule and has been chlorinated to any degree, or any combination of substances which contain such substance. (n) Richland Creek - means that surface stream which flows generally in a southwesterly direction and intersects with Conard's Branch downstream from Neal's Landfill, as designated on the map included in Exhibit 6 to this Consent Decree. (o) Rock - means any material other than soil or solid waste which requires blasting, ripping, barring, or wedging for removal from its original bed, including all pieces of ledge, bedrock, boulders, or masonry larger than one-half cubic yard in volume. In addition, at the Bennett's Quarry site, rock shall include any limestone rubble created during the quarrying operations which was subsequently deposited within the limits of the Dump. (p) Salt Creek - means that surface stream which flows generally in a southerly direction, into which Clear Creek flows and located as designated in Exhibit 5 to this Consent Decree. (q) Solid waste - means any garbage, refuse, sludge from a waste treatment plant, sludge from a water supply treatment plant, sludge from an air pollution control facility, and other discarded material, including solid, liquid, semi-solid, or contained gaseous material and embedded soils not naturally placed, resulting from industrial, commercial, mining, residential and agricultural operations, or from community activities; however, the term "solid waste" does not include: (1) Solid or dissolved materials in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges, which are point sources subject to permits under Section 402 of the Clean Water Act, 33 U.S.C. S 1342; (2) Source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, 42 U.S.C. 55 2011-2296, or natural and accelerator-produced material as defined by the State; (3) Manures or crop residues, returned to the soil at the point of generation as fertilizers or soil conditioners as part of a total farm operation; (4) Rock; and (5) Soil, except as provided herein. (r) Soil - means any materials other than rock or solid waste including sand, gravel, silt, clay, muck, soft or disintegrated rock not requiring blasting, barring, or wedging from their original beds. Soil classification shall be performed using the Field Identification Procedures of the Unified Soil Classification System (ASTM D2488-69). (s) South Spring - means the water discharge intermittently emanating from the ground northwest of Neal's Landfill site as designated on the map of Neal's Landfill included in Exhibit 9 to this Consent Decree. (t) Southwest Seep - means the water discharge intermittently emanating southwest of Neal's Landfill site as designated on the map of Neal's Landfill included in Exhibit 9 to this Consent Decree. (u) Stout's Creek - means that surface stream which flows in a northerly direction past Bennett's Quarry as designated in Exhibit 4 to this Consent Decree. (v) Winston-Thomas Facility - means the inactive sewage treatment plant owned by the City of Bloomington, Indiana, and located in the City of Bloomington in the SW 1/4 of Section 16, T.8N., R.1W.. A map of the Winston-Thomas Facility including metes and bounds of the horizontal extent of the area addressed by this Consent Decree is included in Exhibit 10 to this Consent Decree. Continue to Part 2.

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