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Library: Rulings: Consent Decree

United States District Court Southern District of Indiana Indianapolis Division Return to Part 3. VIII REMOVAL MEASURES 42. As more fully set out in this Section, Westinghouse shall excavate or otherwise remove and transport for incineration, in accordance with a removal plan to be proposed by Westinghouse and approved by the United States, State and City pursuant to paragraph 45 below, all materials as defined in Section III above within the horizontal limits described in Exhibits 2, 3 and 7 through 11 inclusive and to the vertical limits described in this Section from Neal's Landfill, Neal's Dump, Bennett's Dump, Lemon Lane landfill, and the Winston-Thomas Facility. The horizontal and vertical dimensions of the sites described herein may be increased or decreased by agreement of the United States, State, City and Westinghouse and with approval of the Court. In addition, Westinghouse shall excavate and transport for incineration sediments from Conard's Branch, Richland Creek, Stout's Creek, Clear Creek and Salt Creek as set forth in paragraph 51 below. Westinghouse shall take measures at the Anderson Road Landfill as described more fully in paragraph 59(e). 43. All of the materials excavated or otherwise removed pursuant to this Section shall be incinerated in the high temper- ature incinerator constructed and operated in accordance with Sections V and XXII of this Consent Decree. Any materials not suitable for incineration (e.g., free water, engine blocks, car bodies, and other similar materials) shall be disposed of in a manner approved by the United States, State and City in their approval of the excavation plan submitted pursuant to paragraph 45. Incineration of excavated materials shall commence within ninety days of the date of issuance of the last permit or approval necessary to allow the incinerator to incinerate materials con- taminated with PCBs. 44. Westinghouse shall remove and incinerate materials from the locations referred to in paragraph 42 in the following order: the materials stored at the Winston-Thomas Facility pur- suant to Section XII; Neal's Landfill; Lemon Lane Landfill; Bennetts Dump; Neal's Dump; and the remainder of the materials to be removed from the Winston-Thomas Facility. The materials from the Anderson Road Landfill and the sediments from the streams listed in paragraph 51 shall be removed pursuant to the schedules set forth in paragraphs 59(e) and 51, respectively. Consistent with this order of priority, Westinghouse may incinerate materials from more than one of these sites at one time to improve the burning efficiency of the incinerator. 45. No later than sixty days prior to the initiation of the first trial burn of the incinerator for state or federal PCB permitting requirements, Westinghouse shall submit to the United States, State and City for their approval a detailed plan for excavation of all materials identified in this Section from Neal's Landfill, Neal's Dump, Bennett's Dump, Lemon Lane Landfill, and the Winston-Thomas Facility. This plan shall include excavation procedures, transportation plans, safety plans, decontamination protocols and implementation schedules. The United States, State and City shall review the submitted plan and notify Westinghouse within ninety days of their approval, objections or comments. Within forty-five days of receipt of any objections or comments, Westinghouse shall submit for approval a modified plan, if required, to the United States, State and City, incorporating or reflecting the objections or comments. Upon receipt of the notification of approval of the original or modified plan and all necessary permits from the United States, State and City, Westinghouse shall immediately begin implementation of the removal measures in accordance with the schedule included in the approved plan. 46. Neal s Landfill (a) Westinghouse shall excavate and transport for incineration all materials within the horizontal dimensions iden- tified in Exhibit 9 and to the vertical dimensions described in subparagraph (b) below. (b) Westinghouse shall excavate and transport for incineration all solid waste plus an additional two feet of soil perpendicular to the surface remaining after all solid waste has been removed, as a "buffer zone." In those areas where there is less than two feet of soil underlying the solid waste deposit, Westinghouse shall excavate and transport for incineration all soil to the bedrock. (c) Westinghouse shall conduct sampling or analy- sis at Neal s Landfill after excavation is completed as specified in the monitoring program described in Section XIII below and shall not conduct any further sampling or analysis. (d) The parties' present best estimate of the volume of materials to be excavated fromNeal's Landfill is 320,000 cubic yards. (e) Westinghouse shall excavate and transport for incineration materials from the five sinkholes identified in Exhibit 9 up to a maximum volume of 2000 cubic yards. In the event the volume of the five sinkholes is projected to exceed 2000 cubic yards, Westinghouse may, with the consent of the United States, State and City, under take an alternative reme- dial plan for the sinkholes. (f) Westinghouse shall excavate and transport for incineration all materials within the horizontal dimensions identified in Exhibit 9 as Surface Eroded Sediments, to a depth of three feet. In addition, any solid waste found within the horizontal dimension beyond the three-foot depth shall be removed. Westinghouse also shall excavate an additional two feet of soil perpendicular to the surface remaining after excavation as a "buffer zone." In those areas where there is less than two feet of soil remaining between the surface of the excavation and bedrock, Westinghouse shall excavate to bedrock. 47. Lemon Lane Landfill (a) Westinghouse shall first excavate and transport for incineration all materials within the horizontal and vertical dimensions identified in Exhibits 7 and 11. (b) Following the completion of excavation de- scribed in subparagraph (a), Westinghouse shall conduct a sampling program approved by the United States, State and City as part of the excavation plan to identify materials contaminated with PCBs, if any, in concentrations equal to or greater than fifty ppm in the remaining solid waste and soil. The parties agree that the protocols currently in "Test Methods for Evaluating Solid Waste: Physical/Chemical Methods" (EPA SW-846, 2d ed., July 1982) for establishing the extent of contamination are not applicable to this subparagraph. Westinghouse shall then excavate and transport for incineration all such materials identified pursuant to the sampling program. (c) Upon completion of the sampling program and any resulting excavation described in subparagraph (b) above, Westinghouse shall excavate an additional three feet of material, or to bedrock if less than three feet of material remains between the excavated surface and bedrock after excavation required in subparagraphs (a) and (b), as a "buffer zone." Thereafter, Westinghouse shall conduct sampling or analysis as specified in the monitoring program described in Section XIII below and shall not conduct any further sampling or analysis. (d) Based on the requirements of subparagraphs (a) and (c), the parties' present best estimate of the minimum volume of materials to be excavated from Lemon Lane Landfill is at least 176,000 cubic yards. 48. Bennett's Dump (a) Westinghouse shall excavate and transport for incineration all materials within the horizontal dimensions iden- tified in Exhibits 2 and 3 and to the vertical dimensions described in subparagraph (b) below. (b) Westinghouse shall excavate and transport for incineration all solid waste plus an additional two feet of soil perpendicular to the surface remaining after all solid waste has been removed, or to bedrock if less than two feet of material remains between the excavated surface and bedrock, as a "buffer zone." Westinghouse shall not be required to excavate and remove for incineration any large quarried limestone blocks within the horizontal dimensions of the site. (c) Westinghouse shall conduct sampling or analysis after excavation is completed as specified in the monitoring program described in Section XIII below and shall not conduct any further sampling or analysis. (d) The parties' present best estimate of the volume of materials to be excavated from Bennett's Dump is 55,000 cubic yards. 49. The Winston-Thomas Facility (a) Westinghouse shall remove the water and all materials in the tertiary lagoon identified in Exhibit 10. Any water removed shall be treated to a concentration established by the State and City pursuant to their authority under state and federal law prior to discharge to the Dillman Road Treatment Facility. (b) After removal of the contents of the tertiary lagoon, Westinghouse shall remove and transport for incineration an additional six inches of material fro- the structural surface (bottom and sides) of the tertiary lagoon as a "buffer zone," except within a fifty-foot radius of Boring Hole 14 identified in Exhibit 10, where Westinghouse shall remove an additional ten inches of material as a "buffer zone." (c) Westinghouse shall excavate and remove all solid waste (i.e., sludge) and the entire sludge drying beds within the horizontal dimensions identified in Exhibit 10 and shall transport these materials for incineration. Westinghouse also shall excavate and transport for incineration an additional two feet of soil perpendicular to the surface remaining after all materials have been removed, as a "buffer zone." (d) Westinghouse shall remove and transport for incineration the loose organic material from the trickling filter media identified in Exhibit 10 by means of a mechanical sieve. After removal of the organic material, the trickling filter media shall be redeposited and covered as described in paragraph 56. (e) Westinghouse shall excavate and transport for incineration the contents of the abandoned lagoons within the horizontal dimensions identified in Exhibit 10 down to the clay layer beneath the lagoons. Westinghouse also shall excavate and transport for incineration an additional two feet of soil perpen- dicular to the surface remaining after the contents of the lagoons have been removed, as a "buffer zone." (f) Westinghouse shall remove and transport for incineration the solid waste (i.e., sludge} in the digester tanks and shall flush with water using high pressure sewer cleaning equipment any sediments remaining in the facility piping system. All flushings shall be transported to the tertiary lagoon or other appropriate facility for processing and removal pursuant to state permits. After the pipes are flushed, Westinghouse shall plug the pipes except to the extent that such plugging causes drainage problems. (g) Westinghouse shall conduct sampling or analyi- sis upon completion of the activities described in subparagraphs (a) through (f) above as specified in the monitoring program described in Section XIII below and shall conduct no further sampling or analysis. (h) The parties' best estimate of the volume of materials from the Winston-Thomas Facility to be removed and incinerated is 50,000 cubic yards. 50. Neal's Dump (a) Westinghouse shall excavate and transport for incineration all materials within the horizontal dimensions identified in Exhibit 8 down to the till layer, including sandy materials, if any. (b) Westinghouse shall excavate and transport for incineration an additional two feet of soil perpendicular to the vertical surface remaining after removal of all materials pursuant to subparagraph (a) above, as a "buffer zone." (c) Westinghouse shall conduct sampling or analysis after excavation is completed as specified in the monitoring program described in Section XIII below and shall conduct no further sampling or analysis. (d) The parties' present best estimate of the volume of materials to be excavated from Neal's Dump is 14,000 cubic yards. 51. Westinghouse shall remove stream sediments as follows: (a) Westinghouse shall excavate those soils and sediments contaminated with PCBs from the immediate banks of Conard's Branch for the entire length of the stream as determined by the United States and State. The total quantity of soils and sediments which Westinghouse shall be required to remove from the immediate banks of Conard's Branch under this subparagraph shall not exceed 1,500 cubic yards. The United States and State shall notify Westinghouse of the areas to be excavated within sixty days after entry of the Consent Decree. Westinghouse shall submit an excavation plan for approval of the United States and State no later than thirty days after receipt of notification from the United States and State. Westinghouse shall commence excavation no later than thirty days after receipt of approval of the excavation plan from the United States and State, weather permitting, or as soon thereafter as is practicable, but in any case prior to the removal required under subparagraph (b) of this paragraph. (b) Westinghouse shall remove all sediments within the banks of the following streams through use of a hydrovacuum: (1) for Conard's Branch, the entire length of the stream from its beginning within Neal's Landfill to its confluence with Richland Creek (estimated overall length of 4,525 feet); (2) for Richland Creek, from twenty-five feet upstream of its confluence with Conard's Branch to a point 200 feet downstream from said confluence (estimated overall length of 233 feet); (3) for Stout's Creek, from a point twenty-five feet upstream of the southern boundary of Bennett's Dump as described in Exhibit 2 to this Consent Decree to a point 500 feet downstream. of the northern boundary of said Dump (estimated overall length of 1,455 feet); and (4) for Clear Creek, from a point twenty-five feet upstream of the northern boundary of the Winston-Thomas Facility to a point 500 feet downstream of the southern boundary of said Facility (estimated overall length of 2,695 feet). (c) In addition to the sediment removal described above, Westinghouse shall remove those sediments removable through the use of a hydrovacuum in Richland Creek, Stout's Creek, Clear Creek and Salt Creek which are identified by the State, prior to April following entry of the Consent Decree, as contaminated with PCBs. The total volume of sediments which Westinghouse shall be required to remove from all streams under this subparagraph shall not exceed a maximum of 1,100 cubic yards (excluding stream waters incidentally removed with the sediments). (d) The sediment removal described in subparagraph (b) of this paragraph shall be performed during the period May through September following entry of the Consent Decree. (e) Westinghouse shall commence and complete sediment removal for each of the streams specified in subparagraph (c) of this paragraph during the period May through September after receipt of their identification by the State as described in that subparagraph. (f) As soon as practicable following the sediment removal described in subparagraphs (a), (b) and (c), Westinghouse shall sample and analyze the stream sediments for PCBs in order to provide the baseline data upon which the determination under subparagraph (g) below will be made. The baseline data shall consist of the following: For each of the streams, the State shall identify two representative areas of sedimentation located downstream from the respective sites such that the selected areas would be expected to be affected by any significant release of materials contaminated with PCBs from the site during removal operations. Ten samples shall be taken from each of these indicator sediment areas. (g) After closure of each site pursuant to Section IX of this Consent Decree, Westinghouse shall remove sediments from one or more of the streams listed in subparagraph (c) which are associated with said site under the following conditions: (1) Westinghouse shall sample the same (or comparable) indicator sediment locations as determined by the State in each stream after completion of removal and closure procedures at each site. At each indicator sediment area, ten samples shall be taken and analyzed in accordance with subparagraph (f). If, for any of the indicator sediment areas for a particular stream, more than ten percent of the samples taken under this subparagraph exceed the mean plus two standard deviations of the baseline sample results for said indicator areas, sediment removal shall be required for said stream. (2) If the condition of subparagraph (g)(1) is met for any stream, Westinghouse shall remove from said stream those sediments removable through the use of a hydrovacuum which are identified by the State as contaminated with PCBs. (3) The total amount of sediments required to be removed by Westinghouse pursuant to this subparagraph shall not exceed: (i) with respect to Richland Creek, Stout's Creek, Clear Creek, and Salt Creek, 1,100 cubic yards (excluding stream waters incidentally removed with sediments); and (ii) with respect to Conard's Branch, 900 cubic yards (excluding stream waters incidentally removed with sediments). (h) Sediments removed by Westinghouse under this paragraph shall be stored prior to incineration pursuant to Section XII. Continue to Part 5.

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