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HomeMy WebLinkAbout1999-116PCB Settlement Ordinance ORDINANCE NO __q4?-116P AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND AUTHORIZING ENTRY OF AN ADMINISTRATIVE CONSENT ORDER IN SETTLEMENT OF LITIGATION STYLED UNITED STATES OF AMERICA V ALABAMA ELECTRIC COOPERATIVE, ET AL, IN AN AMOUNT NOT EXCEEDING $1,934, AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN PAYING THE SETTLEMENT, AND DECLARING AN EFFECTIVE DATE WHEREAS, the City of Denton, Texas contracted with PCB Treatment, Inc to properly and legally dispose of a number of PCB -contaminated transformers and capacitors, and WHEREAS, the City has since been informed that a number of these transformers and capacitors, or some of their constituent parts, were improperly disposed of, along with others, at a site identified by the U S Environmental Protection Agency ("EPA") as the Osage Metals Superfund Site in Kansas City, KS (the "site"), and WHEREAS, the EPA has expended in excess of $14 million to clean up the site under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), and WHEREAS, although the City believes that it had no direct role in the containmation of this site, it nevertheless recognizes that, due to no fault of its own, there is at least a possibility that it may fit within the broad definition of potentially responsible parties ("PRPs") under CERCLA, to whom liability may attach, and WHEREAS, the United States Department of Justice ("DOJ") has filed an action naming the City as one of several defendants in litigation to recover cleanup expenses under CERCLA, and has offered to settle this litigation with the City in the amount of $1,934, and WHEREAS, the City desires to avoid the uncertainty and expense of litigation in a foreign venue, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the proposed Administrative Consent Order is approved, and the City Manager is authorized to execute same on behalf of the City of Denton, Texas SECTION II That the City Manager is hereby authorized to expend an amount not in excess of $1,934 in settlement of the above litigation SECTION III That this ordinance shall become effective immediately upon its passage and approval ' Page 1 of 2 PASSED AND APPROVED this the L day of > 1999 T JACK LER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 of UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION VII 726 MINNESOTA AVENUE KANSAS CITY, KANSAS 66101 IN THE MATTER OF ) OSAGE METALS SUPERFUND SITE ) Kansas City, Kansas ) Proceeding under Section 122(g)(4) of the ) Comprehensive Environmental Response, ) Compensation, and Liability Act of 1980, ) as amended, 42 U S C § 9622(g)(4) ) 1 EPA Docket No ADMINISTRATIVE ORDER ON CONSENT JURISDICTION I This Administrative Order on Consent ("Consent Order") is issued pursuant to the authority vested in the President of the United States by Section 122(g)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986 ("CERCLA"), 42 U S C § 9622(g)(4), to reach settlements in actions under Section 106 or 107 of CERCLA, 42 U S C §§ 9606 or 9607 The authority vested in the President has been delegated to the Administrator of the United States Environmental Protection Agency ("EPA") by Executive Order 12580, 52 Fed Reg 2923 (Jan 29, 1987) and further delegated to the Regional Administrators of the EPA by the EPA Delegation No 14-14-E (issued Sept 13, 1987, modified by memorandum June 17 1988) 2 This Administrative Order on Consent is issued to the parties listed in Attachment 1 ("Respondents"), attached to and incorporated into this Order Respondents agree to undertake all actions required by this Consent Order Respondents further consent to and will not contest the EPA's iurisdiction to issue this Consent Order or to enforce its terms 3 EPA and F espondents agree that the actions undertaker. by Responder s in accordance with this Consent Order do not constitute an admission of any liability by any Respondent Respondents do not admit, and retain the right to controvert in any subsequent proceedings other than proceedings to implement or enforce this Consent Order, the validity of the Findings of Facts or Determinations contained in Sections IV and V, respectively, of this Consent Order ff OEM MIAUT-1• " • 4 By entering into this Consent Order, the mutual objectives of the EPA and Respondents are a to reach a final settlement between EPA and Respondents with respect to the Site pursuant to Section 122(g) of CERCLA, 42 U S C § 6922(g), that allows Respondents to make a cash payment, including a premium, to resolve their alleged civil liability under Section 107 of CERCLA, 42 U S C § 9607, for response costs incurred and to be incurred at or in connection with the Site, thereby reducing litigation relating to the Site, b to simplify any remaining administrative and judicial enforcement activities concerning the Site by eliminating a substantial number of potentially responsible parties from further involvement at the Site, and c to obtain settlement with Respondents for their fair share of response costs incurred and to be incurred at or in connection with the Site by the EPA Hazardous Substance Superfund, and by private parties, and to provide for full and complete contribution protection for Respondents with regard to the Site pursuant to Sections 113(f)(2) and 122(g)(5) of CERCLA, 42 U S C §§ 9613(f)(2) and 9622(g)(5) III 5 Unless otherwise expressly provided herein, terms used in this Consent Order that are defined in CERCLA or in regulations promulgated under CERCLA shall have the meaning assigned to them in the statute or regulations Whenever the terms listed below are used in this Consent Order, the following definitions shall apply a "CERCLA" shall mean the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U S C § 9601, et seq b "Consent Order' or "Order shall mean this Administrative Order on Consent and all attachments attached hereto In the e6 ent of conflict between this Order and any attachment, the Order shall control c "Day" shall mean a calendar day in computing any period of time under this Consent Decree: where the last day would fall on a Saturday, Sunday, or federal holiday, the period shall run until the close of business of the next working day d "EPA" shall mean the United State Environmertal Protection , ,gency and any successor departments, agencies or instrumentalities "EPA Hazardous Substance Superfund" shall mean the Hazardous Substance Superfund established by the Internal Revenue Code, 26 U S C § 9507 f "Interest" shall mean interest at the current rate specified for interest on investments of the EPA Hazardous Substance Superfund established by 26 U S C § 9507, compounded annually on October 1 of each year, in accordance with 42 U S C § 9607(a) g "Paragraph" shall mean a portion of this consent Order identified by an Arabic numeral "Parties" shall mean EPA and the Respondents "Respondents" shall mean those persons, corporations, or other entities listed in Attachment l j "Response costs" shall mean all costs of"response" as that term is defined by Section 101(25) of CERCLA, 42 U S C § 9601(25) "Section" shall mean a portion of this Consent Order identified by a Roman numeral I "Site" shall mean the Osage Metals Superfund Site, encompassing approximately 1 7 acres, and located at 120 Osage Avenue in Kansas City, Wyandotte County, Kansas, and designated by the following property description the NE 1/4, Section 22, T49N, R25E (USGS 1964) in "United States" shall mean the United States of America, including its departments, agencies and instrumentalities IN' FINDINGS OF FACT 6 The Site was the location of a metals salvage and reclamation facility between 1948 and 1993 During the 1980s, the Site accepted scrap metal taken from capacitors and transformers, and whole transformers from PCB Treatment, Inc and AmerEco Environmental Services, Inc 7 The scrap metal from used capacitors that was accepted by the Site from PCB Treatment, Inc was contaminated with polvchlorinated biphenyls ("PCBs"), which are hazardous substances within the meaning of CERCLA, and disposal of the scrap metal at the Site resulted in the release or threat of release of PCBs or other hazardous substances at the Site 8 The scrap metal from used transformers that was accepted by the Site from AmerEco Environmental Services, Inc was contaminated with PCBs, and disposal of the scrap metal at the Site resulted in the release or threat of release of PCBs or other hazardous substances at the Site 9 As a result of the release or threatened release of hazardous substances at the Site, EPA conducted a response action between March and October 1995 pursuant to Section 104 of CERCLA, 42 U S C § 9604, and the National Contingency Plan, 40 C F R § 300 415 10 In performing these response actions, the United States has incurred more than $1 3 million in costs to date I 1 Each Respondent listed in Attachment 1 arranged with PCB Treatment, Inc for the disposal of capacitors contaminated with hazardous substances PCB Treatment, Inc dismantled the capacitors and arranged for disposal of scrap metal taken from these capacitors at the Site 12 The number of pounds of capacitors that each Respondent sent to PCB Treatment, Inc and AmerEco Environmental Services, Inc for disposal does not exceed one (1) percent of the total number of pounds of materials containing hazardous substances that all known potentially responsible parties sent to PCB Treatment, Inc and AmerEco Environmental Services, Inc for disposal, and the hazardous substances contributed by each Respondent to the Site are not significantly more toxic or of significantly greater hazardous effect than other hazardous substances at the Site 13 The payment required to be made by each Respondent pursuant to this Consent Order is a minor portion of the United States' costs V DETERMINATIONS 14 Based upon the Findings of Fact set forth above and on the administrative record for this Site, the EPA has determined that. a The Site is a "facility" as that term is defined in Section 101(9) of CERCLA, 42 U S C §960](9) b Respondents are each persons as that term is defined in Section 101(21) of CERCLA, 42 U S C § 9601(21) c Each Respondent is a' potentially responsible party" within the meaning of Section 122(g)(1) of CERCLA, 42 U S C § 9622(g)(1) d There has been an actual or threatened "release" of a "hazardous substance" from the Site as those terms are defined in Section 101(22) and (14) of CERCLA, 42 U S C §§ 960](22)and (14) 4 e The actual or threatened "release" of hazardous substances at the Site caused the incurrence of response costs at the Site f Prompt settlement with Respondents is practicable and in the public interest within the meaning of Section 122(g)(1) of 42 U S C § 9622(g)(1) g As to each Respondent, this Consent Order involves only a minor portion of the response costs at the site within the meaning of Section 122(g)(1) of CERCLA, 42 U S C § 9622(g)(1) h Respondents are eligible for a Jg minimis settlement pursuant to Section 122(g)(1)(A) of CERCLA, 42 U S C § 9622(g)(1)(A) The amount of hazardous substances contributed to the Site by each Respondent and the toxic or other hazardous effects of the hazardous substances contributed to the Site by each Respondent is minimal in comparison to other hazardous substances at the Site within the meaning of Section 122(g)(1 XA) of CERCLA, 42 U S C § 9622(g)(1)(A) 15 Based upon the administrative record for this Site and the Findings of Fact and Determinations set forth above, and in consideration of the promises and covenants set forth herein, it is hereby AGREED TO AND ORDERED VII PAYMENT 16 Within 30 days of the effective date of this Consent Order, Respondents shall each pay the amount designated on the same line as their name appears in Attachment 1 17 Each Respondent's payment includes an amount for a) past response costs incurred at or in connection with the Site, and b) a premium to cover the risks and uncertainties associated with this settlement 18 Each payment specified in Attachment i shall be made by certified cashier's check payable to "EPA Hazardous Substance Superfund " Each check shall reference the name and address of the party making the payment, the Osage Metals Superf ind Site name, EPA Region VII, the Site Spill ID Number, 071E, and the EPA Docket Number VII-98-F0019 for this action and shall be sent to Hazardous Substances Superfund United States En-ironmental Pr-,tection Agency Attention Region VII, Supertund Accounting Post Office Box # 360743M Pittsburgh, PA 15251 19 Respondents shall simultaneously send a copy of the check to Ms Audrey Asher, Senior Assistant Regional Counsel, U S Environmental Protection Agency, Region VII, 726 Minnesota Avenue, Kansas City, Kansas, 66101 VIII FAILURE TO MAKE PAYMENT 20 If any Respondent fails to make full payment within the time required by Paragraph 16, that Respondent shall pay Interest on the unpaid balance In addition, if any Respondent fails to make full payment as required by Paragraph 16, the United States may, in addition to any other available remedies or sanctions, bring an action against that Respondent seeking injunctive relief to compel payment and/or seeking civil penalties under Section 122(1) of CERCLA, 42 U S C § 9622(I), for failure to make timely payment 21 By signing this Consent Order, each Respondent certifies, individually, that, to the best of its knowledge and belief, it has a conducted a thorough, comprehensive, good faith search for documents, and has fully and accurately disclosed to EPA all information currently in its possession, or in the possession of its officers, directors, employees, contractors or agents, which relates in any way to the ownership, operation, generation, treatment, transportation or to the ownership, possession generation, treatment, transportation, storage or disposal of hazardous substances, pollutants or contaminants at or in connection with the Site, b not altered, mutilated, discarded destroyed or otherwise disposed of any records documents, or other information relating to its potential liability regarding the Site since receipt of any information request letter from the EPA pursuant to Section 104(e) of CERCLA, 42 U S C § 9604(a), notification of potential liability by EPA, or any other correspondence between EPA and Respondent regarding the Site, c fully complied with anv and all EPA requests for information regarding the Site pursuant to Sections 104(e) of CERCL 4 42 U S C § 9604(e), and d has not sent more than 89 387 pounds of capacitors or transformers to PCB Treatment, Inc, AmerEco Environmental Services, Inc or Osage Metals Co, Inc for disposal between 1984 and 1993 Provision of false, fictitious, or frauduler statements or representations to the United States may subject any Respondent to criminal penalties under 18 U S C § 1001 N. 22 In consideration of the payments that will be made by Respondents under the terms of this Consent Order, and except as specifically provided in Section XI (Reservations of Rights by United States), the United States covenants not to sue or take administrative action against Respondents for any and all civil liability for injunctive relief or reimbursement of response costs pursuant to Sections 106(a) or 107(a) of CERCLA, 42 U S C §§ 9606(a) or 9607(a) 23 With respect to present and future liability, these covenants not to sue shall take effect upon receipt by the EPA of the payment as required by Paragraph 16, including any Interest due under Paragraph 20 These covenants not to sue Respondents are conditioned upon the complete and satisfactory performance by Respondents of all obligations under this Consent Order, and the veracity of the information provided by and certifications made by Respondents to EPA relating to Respondents' involvement with the Site These covenants not to sue extend only to each Respondent and do not extend to any other person 24 The covenant not to sue by the EPA set forth in Paragraph 22 does not pertain to any matters other than those expressly specified in said Paragraph 22 The United States, including the EPA reserves, and this Consent Order is without prejudice to, all rights against Respondents with respect to all other matters, including but not limited to the following liability for failure to meet a requirement of this Consent Order, criminal liability, liability for damages or injury to, destruction of, or loss of the natural resources, or d liability ansing from any future arrangement for disposal or treatment of a hazardous substance, pollutant or contaminant at the Site after the effective date of this Consent Order 25 Notwithstanding any other provision in this Consent Order, the United States reserves, and this Consent Order is without prejudice to, the right to institute judicial or administrative proceedings against any individual Respondent seeking to compel that Respondent to reimburse the United States for additional response costs, if information is discovered which indicates that such Re,pondent no longer qualifies as a ¢e minima party at the Site, because Respondent arranged for the disposal of more than 89,387 pounds of capacitors or transformers to PCB Treetment, Inc, AmeiEco Environmental Services, Inc or Osage Metals Co, Inc for disposal between 1984 and 1993, or contributed hazardous substances to the Site which are significantly more toxic or are of significantly greater hazardous effect than other hazardous substances at the Site 26 Respondents covenant not to sue and agree not to assert any claims or causes of action against the United States or its contractors or employees with respect to the Site or this Consent Order including, but no limited to a any direct or indirect claim for reimbursement from the EPA Hazardous Substance Superfund based on Sections 106(b)(2), 107, 111, 112, or 113 of CERCLA, 42 U S C §§ 9606(b)(2), 9607, 9611, 9612, or 9613, or any other provision of law, any claims ansing out of response activities at the Site, and c any claim against the United States pursuant to Sections 107 and 113 of CERCLA, 42 U S C §§ 9607 and 9613, relating to the Site 27 Nothing in this Consent Order shall be deemed to constitute preauthonzation or approval of a claim within the meaning of Section I 1 I of CERCLA, 42 U S C § 9611, or 40 C F R 300 700(d) 28 Respondents covenant not to sue and agree not to assert any claims or causes of action against each other with regard to the Site including any or all claims pursuant to Sections 107 and 113 of CERCLA, 42 U S C §§ 9607 and 9613 29 Nothing in this Consent Order shall be construed to create any rights in, or grant any cause of action to, any person not a Party to this Consent Order The United States and Respondents each reserve any and all rights (including, but not limited to, any right to contribution), defenses, claims, demands, and causes of action which each Party may have with respect to any matter, transaction, or occurrence relating in any way to the Site against any person not a Party hereto 30 In any subsequent administrative or judicial proceeding initiated by the United States for injunctive relief, recovery of response costs, or other relief relating to the Site, Respondents shall not assert, and may not maintain, any defense or claim based upon the principles of waiver, res judicata, collateral estoppel, issue preclusion, claim -splitting, or other defenses based upon any contention that the claims raised in the subsequent proceeding were - r should have been brought in the instant action, provided, however, that nothing in this Paragraph affects the enforceability of the covenant not to sue included in Paragraph 22 31 The Parties agtee that each Respondent is entitled, as of the effective date of this Consent Order, to protection from contribution actions or claims as provided by Sections 113(f)(2) and 122(g)(5) of CERCLA, 42 U S C §§ 9613(0(2) and 9622(g)(5), for "matters addressed" in this Consent Order The "matters addressed" in this Consent Order are all response actions taken by the United States, and all response costs incurred and to be incurred bv the United States and by private parties, at or in connection with the Site XIV PARTIES BOUND 32 This Consent Order shall apply to and be binding upon EPA and upon Respondents and their heirs, directors, officers, employees, agents, successors, and assigns Any change in ownership or corporate or other legal status of a Respondent, including, but not limited to, any transfer of assets or real or personal property, shall in no way alter such Respondent's responsibilities under this Consent Order Each signatory to this Consent Order certifies that he or she is fully authorized to enter into the terms and conditions of this Consent Order and to execute and bind legally the Respondents represented by him or her 1 M 1101MINVIX11100151 33 This Consent Order and Attachment I constitute the final, complete and exclusive agreement and understanding among the Parties with respect to the settlement embodied in this Consent Order The Parties acknowledge that there are no representations, agreement or understandings relating to the settlement other than those expressly contained in this Consent Order and Attachment 1 XVI PUBLIC COMMENT 34 This Consent Order shall be subject to a thirty -day public comment period pursuant to Section 122(1) of CERCLA 42 U S C § 9622(1) In accordance with Section 122(1)(3) of CERCLA, 42 U S C § 9622(1)(3) the EPA may withdraw or modify its consent to this Consent Order if comments received disclose facts or considerations which indicate that this Consent Order is inappropriate, improper or inadequate \%II ATTORNEI GENERAL APPROVAL 35 Before commencement of the thirty -day public comment period, the Attorney General or her designee must appro%a the settlement embodied in this Consent Order in accordance with Section 122(gx4) of CERCLA 42 U S C § 9622(g)(4) XVI1l MODIFICATION 36 EPA may mcdify this Order by adding any additional Respondent whom EPA determines is a' potentially responsible party' within the meaning of Section 122(g)(1) of CERCLA, 42 U S C § 9622(g)(1) with regard to the Site The newly added Respondent shall submit a signed signature to this Order The amendment shall become effective when signed by EPA XIX EFFECTIVE DATE 37 The effective date of this Consent Order shall be the date upon which EPA issues written notice to Respondents that the public comment period pursuant to Paragraph 34 of this Consent Order has closed, that the Attorney General or her designee has approved the settlement pursuant to Paragraph 34, and that comments received, if any, do not require modification of or the EPA withdrawal from this Consent Order 10 In the Matter of Osaae MetRerfund Site Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4) IN WITNESS WHEREOF, the parties have affixed their signatures on the following pages IT IS SO AGREED AND ORDERED For the U S Environmental Protection Agency Audrey Asher Date Senior Assistant Regional Counsel U S Environmental Protection Agency Region VII Dennis Grams, P E Regional Administrator U S Environmental Protection Agency Region VII Date In the Matter of Osaae Mew Suoerfund Site Proceeding Under Section I22(g)(4) of the Comprehensive Environmental Response Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4) For Respondent Alabama Electric Cooperative [Signature] Name Title Address Phone Fax 12 Date In the Matter of Osage Metals Superfund Site Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4) For Respondent Alloy Engineering & Casting Company (Signature] Date Name Title Address Phone Fax 13 In the Matter of Osaae Metals ¢uperfund Site Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4) For Respondent Amoco Oil Company [Signature] Name Title Address Phone Fax 14 Date In the Matter of Osaae Metals Suoerfund Site Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4) For Respondent Bay State Milling Company (Signature] Name Title Address Phone Fax 15 Date In the Matter of Osage Meth SSuunerfund Site Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4) For Respondent Blue Hill Electric Department [Signature] Name Title Address Phone Fax 16 Date In the Matter of Osage Metals SuRerfund Site Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4) For Respondent BP America, Inc [Signature] Name Title Address Phone Fax 17 Date In the Matter of Osage Metals SuRerfund Site Proceeding Under Section 1-22(g)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4) For Respondent Cannon -Muskegon Corporation [Signature] Name Title _ Address Phone Fax 18 Date In the Matter of Osaae Metals SuRgrfund Si P Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4) For Respondent Darke Rural Electric [Signature] Name Title _ Address Phone Fax IE Date In the Matter of Osage h"�al� c�p S e Proceeding Under Section 1•22(g)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4) For Respondent Denton, City of April 6, 1999 CS,9 ) Date Name Jack Miller Title Mayor Address City of Denton 215 E. McKinney Eton, 'texas 76201 Phone 940-349-8309 Fax 940-349-8596 20 In the Matter of Osage Metals SuRerfund Site Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4) For Respondent Dover, City of (Signature] Name Title _ Address Phone Fax 21 Date In the Matter of Osaae Metal§ SuRerfund Site Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4) For Respondent Empire District Electric Company [Signature] Name Title Address Phone Fax 22 Date In the Matter of Osaae Meta{g Suverfund Site Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4) For Respondent Environmental Options, Inc (Signature] Name Title _ Address Phone Fax 23 Date In the Matter of Osaae MetalsSu2erfund Site Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4) For Respondent Ephraim, City of, and Ephraim Light & Power [Signature] Name Title Address Phone Fax 24 Date In the Matter of Osage Metal&SuoerfundSite Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4) For Respondent Federated Rural Electric Association [Signature) Date Name Title Address Phone Fax `41 In the Matter of Osage Metals Sug. rf nd Site Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4) For Respondent Flathead Electric Cooperative, Inc [Signature] Name Title Address Phone Fax 26 Date In the Matter of Osaae Metals SuperFnnd Site Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4) For Respondent General Motors Corporation (Signature] Name Title _ Address _ Phone Fax 27 Date In the Matter of Osage Metals Suoerfund Site Proceeding Under Section I h(g)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4) For Respondent GFI America, Inc (Signature] Name Title Address Phone Fax 28 Date In the Matter of Osaae Metals Sugerfund Site Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4) For Respondent Glenwood Springs, City of, and Glenwood Springs Electric System [Signature] Name Title Address Phone Fax 29 Date In the Matter of Osage Metals Sunerfund Site Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4) For Respondent Hammond Valve Corp (Signature] Name Title Address _ Phone Fax c Date In the Matter of Os aae Metals Sugerfund Site Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4) For Respondent Holiday Inns of America, Inc (Signature] Name Title _ Address Phone Fax 31 Date In the Matter of Os a¢e Metals Suoerfund Site Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4) For Respondent Inland Power & Light [Signature] Name Title Address Phone Fax 32 Date In the Matter of Osa¢e Metals Sugerfund Site Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4) For Respondent Lafayette, City of, and Lafayette Municipal Electric Department [Signature] Name Title _ Address _ Phone Fax tip? Date In the Matter of Osa¢e Metals Superfund Site Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4) For Respondent Lockheed Martin Corporation (Signature] Name Title _ Address _ Phone Fax 34 Date In the Matter of Osage Metals Superfund Site Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4) For Respondent Mahaska, City of [Signature] Name Title _ Address Phone Fax 35 Date In the Matter of Osaae Metals Su oerfund Site Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4) For Respondent Commonwealth Aluminum Corporation [Signature] Name Title _ Address Phone Fax 36 Date In the Matter of Os Metals Suoerfund Site Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4) For Respondent Martin Marietta Materials, Inc [Signature] Name Title _ Address _ Phone Fax 37 Date In the Matter of Osage Metals Sunerfund Site Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4) For Respondent Dairy Farmers of America, Inc [Signature) Name Title _ Address _ Phone Fax 38 Date In the Matter of Osage Metals Superfund Site Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4) For Respondent Mohawk, City of, and Mohawk Municipal Commission [Signature] Date Name Title Address Phone Fax 39 In the Matter of Osage Metals SuRerfund Site Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4) For Respondent New Castle Board of Water & Light [Signature) Name Title Address Phone Fax 40 Date In the Matter of Osage Metals Superfund Site Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4) For Respondent New Era Electric Cooperative, Inc (Signature] Name Title _ Address Phone Fax 41 Date In the Matter of Osage Metals Sunerfund Site Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4) For Respondent New Lisban, City of, and New Lisban Light & Water [Signature] Name Title _ Address Phone Fax 42 Date In the Matter of Osage Metals Superfund Site Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4) For Respondent Northern Virginia Electric Cooperative [Signature] Date Name Title Address Phone Fax 43 In the Matter of Osage Metals Superfund Site Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4) For Respondent O'Brien & Gere Technical Services, a/k/a OBG Technical Services [Signature] Name Title _ Address _ Phone Fax 44 Date In the Matter of Osage Metals Superfund Site Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4) For Respondent Opelika, City of, and Opelika Light & Power Department [Signature) Name Title _ Address Phone Fax 45 Date In the Matter of Osaae Metals Suoerfund Site Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4) For Respondent PSI Piping Specialties [Signature] Name Title Address Phone Fax M Date In the Matter of Os aae Metals Suoerfund Site Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response Compensation, and Lability Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4) For Respondent Quatromx Corporation / Excel [Signature] Name Title _ Address _ Phone Fax 47 Date In the Matter of Osage Metals SuDeerfund Site Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4) For Respondent Recovery Specialists Incorporated (Signature] Name Title Address Phone Fax IF Date In the Matter of Osage Metals Superfund Site Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4) For Respondent LTV Steel Company, Inc [Signature] Name Title _ Address Phone Fax m Date In the Matter of Osav&—Metals'SuRerfund Site, Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4) For Respondent Rural Electric Company [Signature] Date Name Title Address Phone . Fax Mil In the Matter of Osage Metals Superfund Site Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4) For Respondent Sweetwater, City of, and Sweetwater Electric System [Signature] Name Title Address _ Phone Fax 51 Date In the Matter of Osage Metals Suoerfund Site Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4) For Respondent Tempco, Incorporated [Signature] Name Title _ Address, Phone Fax 52 Date 13 In the Matter of Osage Metals Superfund Site Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4) For Respondent Umtek Environmental Services, Incorporated [Signature] Name Title _ Address Phone Fax 53 Date In the Matter of Osage Metals Suoerfund Site Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U S C g 9622(g)(4) For Respondent Waterloo, City of, and Waterloo Light & Power [Signature] Name Title Address Phone Fax 54 Date - M" In the Matter of Osage Metals-Superfund Site,I Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4) For Respondent Weed Heights Development„L L C [Signature] Title Address Phone Fax 55 Date In the Matter of Osage Metals Supetfund Site Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4) For Respondent Wellsville Electric Department and Wellsville, Village of [Signature] Name Title Address _ Phone Fax 56 Date - �aEt- �vw RESPONDENT AMOUNT DUE Alabama Electric Cooperative $1,122 Allov Engineering & Casting Compam $378 Amoco Oil Company $722 Bay State Milling Companv $660 Blue Hill Electric Department $108 BP America, Inc $520 Cannon -Muskegon Corporation $208 Darke Rural Electric $576 Denton, City of $1,934 Dover, City of $364 Empire District Electric Companv $3,312 Environmental Options, Inc $246 Ephraim, City of, and Ephraim Light Poecr $164 Federated Rural Electric Association $46 Flathead Electric Cooperami. Inc $318 General Motors Corporation $926 GFI America, Inc $160 Glemkood Springs Cit% of and Glenwood Springs Eltctnc S-,stem $206 Hammond Valve Corp $212 , Holida% Inns of America. Inc (formsr name Hobda% Inn Inc) $74 Inland Power & Light $ I,726 Lafayette, City of and Lafa%cttc Municipal Elcctnc Department $196 Lockheed Martin Corporation $790 Mahaska Cm of $62 Common%%calth Aluminum Corpomtion (former name Martin Marietta Aluminum Inc) $4,310 3 57 - ItT Martin Marietta Materials, Inc $1,520 Dairy Farmers of America, Inc (former name N1id-Amenca Inc ) Dainmen, $226 Mohawk, City of, and Mohawk Municipal Commission $1 l4 New Castle Board of Water & Light $208 New ERA Electric Cooperative, Inc $204 New Lisban, City of, and New Lisban Light & Water $82 Northern Virginia Electric Cooperative $3 398 0 Brien & Gere Technical Services, a/k/a OBGit'echnical Services $882 Opelika, City of, and Opelika Light & Power Dq ent $166 PSI Piping Specialties $4,310 Quatrome Corporation / Excel $54 Recovery Specialists Incorporated $9,402 LTV Steel Company, Inc (former name Republic Steel Corporation Bar Division) $386 Rural Electric Company $1,634 Sweetwater, City of, and Sweetwater Electric Stem $374 Tempco, Incorporated $112 Umtek Environmental Services, Incorporated $3,068 Waterloo, Citv of, and Waterloo Light & Power S494 Weed Heights Development. L L C $170 Wellsville Electric Department and Wclls%ille WIllage of $202 58