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2001-277 ORDINANCE NO d{~1-~'77 AN ORDINANCE AUTHORIZING SETTLEMENT OF THREATENED LITIGATION STYLED UNITED ST.,~TES OF .4ML~RfC.'i (ENgIRONMENTdtL PROTECTION .'tGENCY) l/ CI27 OF DENTON, ET,4Z, AUTHORIZING THE MAYOR OR THE MAYOR PRO TEM TO ACT ON THE CITY'S BEHALF IN EXECUTING ANY AND ALL DOCUMENTS NECESSARY TO EFFECT SUCH SETTLEMENT UNDER THE TERMS SET FORTH IN THE ATTACHED ADMINISTRAT~ ORDER OF CONSENT, AND TO TAKE SUCH OTHER ACTIONS DEEMED NECESSARY TO FINALIZE THE ADMINISTRATIVE ORDER ON CONSENT, AND OTHER RELATED DOCUMENTS, AUTHORIZING THE EXPENDITURE OF FUNDS NECESSARY TO EFFECT THE SETTLEMENT IN AN AMOUNT NOT TO EXCEED $53,946, AND DECLARING AN EFFECTWE DATE WHEREAS, the City of Denton and approximately 560 other de mmlm~s potentially responsible parties ("PRP") throughout the United States have been offered a settlement in June 2001, prior to the mstttuUon of lmgatlon, by the Umted States (Environmental Protectaon Agency) regarding a Superfund clmm that arose in 1984-1985 as to the City respecting the placing of electric capacitors into the waste stream by the City by surrendenng same to PCB, Inc in Denton, Texas pursuant to written contract, for proper disposal, WHEREAS, PCB, Ine then assumed care, custody, and control of smd capacitors and eventually deposited them, along w~th millions of pounds of other capacitors, at sites in Kansas City, Kansas and Kansas City, Missouri Thereafter, several years later, PCB, Inc became involved m a bankruptcy ease and was thereafter insolvent, leaving all aggrieved parties w~thout recourse The Umted States of America (Enwronmental Protection Agency) later assumed jurisdiction over the sites and eventually found that consldenng the facts and the law, some 1,800 cities and elecme utilities were PRP's The ,,response ¢osf' has been determined by the Umted States (Environmental Protection Agency), the Steenng Committee, and other partaes to be in excess of $34,000,000, WHEREAS, the City Council, hawng been reformed by its legal counsel in a Closed Meeting on flus date, and otherwise, believes that it is in the best interests for the City of Denton to settle its de mlmm~s portaon of these elmms at this time, and to obtain a covenant not to sue on the part of the Umted States (Environmental Protection Agency), NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the settlement of threatened litigation styled Umted States of,,imenca (Enwronmental Protection ,~en~v) v Cay of Denton, et al, is hereby approved, and the Mayor or the Mayor Pro Tern is hereby authorized to execute an Admlmstratlve Order on Consent and other related documents deemed by the City Attorney or has designee, to be necessary to the settlement of smd threatened hngatlon as set forth generally an the attached Admlmstrat~ve Order on Consent SECTION 2 That the City Manager is hereby authorized to expend an amount not to exceed $53,946 m settlement of the above threatened litigation SECTION 3 That flus orchnance shall become effective ~mmedtately upon 1ts passage and approval PASSED AND APPROVED this the /~/(~7~ day of/) Z_~ , 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By ~~ ~ Page 2 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION VII 901 NORTH FIFTH STREET KANSAS CITY, KANSAS 66101 IN THE MATTER OF PCB TREATMENT, INC SUPERFUND SITE 2100 Wyandotte Street Kansas C!ty, Massourl 45 Ewang Street EPA Docket No Kansas City, Kansas CERCLA-07-2001-0008 Proceeding under Sectaon ADMINISTRATIVE ORDER 122(g) (4) of the Comprehensave ON CONSENT Envaronmental Response, Compensation, and Laaballty Act of 1980, as amended, 42 U S C ~ 9622(g) (4) 1 This Administrative Order on Consent {"Consent Order") as assued pursuant to the authority vested an the Presadent of the United States by Section 122(g) (4) of the Comprehensive Environmental Response, Compensataon, and Laabalaty Act of 1980, as amended by the Superfund Amendments and Reauthorazatlon Act of 1986 ("CERCLA"), 42 U S C § 9622(g) (4), to reach settlements in actaons under Section 106 or 107 of CERCLA, 42 U S C ~§ 9606 or 9607 The authoraty vested in the Presadent has been delegated to the Admanistrator of the Unated States Envaronmental Protectaon Agency ("EPA") by Executive Order 12580, 52 Fed Rec 2923 (Jan 29, 1987) and further delegated to the Regaonal Admanlstrators of the EPA by the EPA Delegataon No 14-14-E (~ssued Sept 13, 1987, modified by memorandum June 17, 1988) In the Matter of PCB Treatment, lnc Superfund Site, EPA Docl~et No CERC1M-07-2001-O008 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 jurisdiction to issue this Consent Order or to enforce its terms 3 EPA and Respondents agree that the actions undertaken by Respondents 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 II STATEMENT OF PURPOSE 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 ~ 9622(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 ]udlclal 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 S~te by the EPA Hazardous Substance Superfund, and by private parties, and to provide for full and complete contribution protection for Respondents w~th regard to the Site pursuant to Sections l13(f) (2) and 122(g) (5) of CERCLA, 42 U S C ~ 9613(f) {2) and 9622(g} (5) 2 In the Matter of PCB Treatment, lne Superfund Site, EPA Docket No CERCLA-07-2001-O008 III DEFINITIONS 5 Unless otherwise expressly provided herein, terms used in this Consent Order that are defined in CERCLA or in regular,ions promulgated under CERCLA shall have the meaning assmgned to them an the statute or regulations Whenever the terms lzsted 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 event 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 States Environmental Protection Agency and any successor departments, agencies or ~nstrumental~t~es e "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 ~nterest at the current rate specified for ~nterest 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 h "Parties" shall mean EPA and the Respondents 3 In the Matter of PCB Treatment, lnc Superfund Site, EPA Docket No CERCIM-07-2001.O008 1 "Respondents" shall mean those persons, corporations, or other entltaes listed an Attachment 1 3 "Response costs" shall mean all costs of "response" as that term ls defined by Section 101(25) of CERCLA, 42 U S C ~ 9601(25) k "Sectaon" shall mean a portaon of this Consent Order adentafaed by a Roman numeral 1 "Sate" shall mean the PCB Treatment, Inc Superfund Site, conslstang of two propertaes, one located at 45 Ewang Street in Kansas City, Wyandotte County, Kansas, and ats surrounding soils, and the other located at 2100 Wyandotte Street in Kansas Caty, Jackson County, Missouri and ats surroundang soils The legal description of each facllaty ms attached as Attachment 2 m "Unated States" shall mean the United States of Ameraca, ancludang its departments, agencies and anstrumentalltaes IV FINDINGS OF FACT 6 The Sate consasts of two bualdangs that were used by PCB Treatment, Inc and its subsadaarles or affallates to treat and store polychloranated blphenyls ("PCBs") present an used transformers, capacitors, and other materials and equipment 7 PCB Treatment, Inc and Its subsidiaries or affiliates operated at 2100 Wyandotte Street in Kansas Caty, Missouri, from 1982 through 1987 and at 45 Ewang Street in Kansas City, Kansas from 1984 through 1987 8 The treatment and storage of materaals contamanated with PCBs resulted an the release or threat of release of PCBs at both the Wyandotte Street and the Ewang Street locations 9 As a result of the release or threatened release of hazardous substances at the Sate, EPA conducted response actaons, lncludang the oversight of partaes performang a Site Characterazataon (SC) and Enganeerlng Evaluataon/Cost Analysis (EE/CA) pursuant to Admanastratave Order on Consent, EPA Docket 4 ~ ~eMa~er~PCB ~eatmen6~a$upe~undSlte,£PADocketNo CERCLA-07-2001-O008 NO VII-96-F-0018, from 1995 to the present This work was performed pursuant to Section 104 of CERCLA, 42 U S C ~ 9604, and the National Contingency Plan, 40 C F R ~ 300 415 On the basis of all Site information available to EPA, including the results of the SC and EE/CA, EPA determined that further response actions were necessary to address the release and threatened release of hazardous substances from the Site 10 In performing response actions, the United States incurred approximately $2,000,000 in costs to date EPA estimates that approximately $16,000,000 will be incurred in performing further response actions at Wyandotte Street and approximately $19,000,000 wall be incurred an performing further response actions at Ewlng Street 11 Each Respondent lasted in Attachment 1 generated or transported materials contaminated with hazardous substances that were sent to PCB Treatment, Inc 12 The number of pounds of materials generated or transported by each Respondent does not exceed 733,190 allocated pounds, or eight-tenths of a percent (8%) of the allocated weight of all materials containing hazardous substances sent to PCB Treatment, 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 Sate 13 The payment required to be made by each Respondent pursuant to this Consent Order KS 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. Each building making up the Sate is a "facility" as that term is defined in Section 101(9) of CERCLA, 42 U S C ~ 9601(9) 5 In the Matter of PCB l~eatment, Inc Superfund Site, EPA Docket No CERCLA-07-2001-O008 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 PCBs are ~hazardous substances" within the meaning of Section 101(14) of CERCLA, 42 U S C ~ 9601(14) and the NCP, 40 C F R ~ 302 4 e 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 ~ 9601(22) and (14) f The actual or threatened release of hazardous substances at the Site has caused and will continue to cause the lncurrence of response costs at the Site g 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) h 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) 1 Respondents are eligible for a de mlnlmls 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 S~te by each Respondent and the toxic or other hazardous effects of the hazardous substances contributed to the Site by each Respondent is minimal ~n comparison to other hazardous substances at the Site within the meaning of Section 122(g)(1) (A) of CERCLA, 42 U S C ~ 9622(g) (1) (A) 6 In the Matter of PCB ~eatment, Inc Superfund Site, EPA Docket No CERCLA-07-2001-0008 VI ORDER 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 thirty (30) days of the effective date of this Consent Order, Respondents shall each pay one of the two amounts 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 in performing a S~te Characterization and Engineering Evaluation/Cost Analysis at the Site, b) future response costs to be incurred at or in connection w~th the Site, and b) a premium to cover the risks and uncertainties associated with this settlement 18 As shown in Attachment 1, Respondents shall pay either a fifty percent (50%) premium with a cost overrun reopener if the removal costs exceed $60,000,000 or a one hundred percent (100%) premium with no cost overrun reopener Regardless of which premium Respondents select, all Respondents are subject to the reopeners described in Section XI (Reservation of R~ghts by the United States) If the cost overrun premium is triggered, Respondents who chose the fifty percent (50%) premium shall pay a percentage of the costs over $60,000,000 equal to their percent of the total allocated weight of all materials containing hazardous substances sent to PCB Treatment, Inc for d~sposal 19 The total amount to be paid by each Respondent pursuant to Attachment 1 shall be deposited in the ~PCB Treatment, Inc Special Account" within the EPA Hazardous Substance Superfund to be retained and used to conduct or finance response actions at or in connection with the Site, or transferred by EPA to the EPA Hazardous Substance Superfund Each check shall reference the name and address of the party making the payment, the PCB Treatment, Inc Superfund Site name, EPA ~ ~eMa.er~PCB ~eatmeng~c Supe~und$1t6EPADocketNo CERCLA-O~2001-O008 Regxon VII, the Site Spill ID Numbers 07RJ and 07RK, and the EPA Docket Number for this action and shall be sent to Hazardous Substances Superfund United States Environmental Protection Agency Attention Region VII, Superfund Accounting Post Office Box # 360748M Pittsburgh, PA 15251 20 Respondents shall smmultaneously send a copy of the check to Ms Norma Tharp, Legal Assistant - Office of Regional Counsel, U S Environmental Protection Agency, Regmon VII, 901 N Fifth Street, Kansas C~ty, Kansas, 66101 VIII FAILURE TO MAKE PAYMENT 21 If any Respondent famls to make full payment wlthmn the time required by Paragraph 16, that Respondent shall pay Interest on the unpaid balance In addltmon, if any Respondent falls to make full payment as required by Paragraph 16, the United States may, mn 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 Sectlon 122(1) of CERCLA, 42 U S C ~ 9622(1), for failure to make timely payment IX CERTIFICATION OF RESPONDENT 22 By s~gnlng this Consent Order, each Respondent certifies, individually, that, to the best of its knowledge and belief, mt 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, transportatzon, storage or disposal of hazardous substances, pollutants, or contaminants at or in connection with the Site, 8 In the Matter of PCB Treatment, In~ Superf#nd Site, EPA Docket No CERCLA-07-2001-O008 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 any and all EPA requests for Information regarding the Site pursuant to Sections 104(e) of CERCLA, 42 U S C § 9604(e), and d has not contributed an allocated weight of more than 733,190 pounds of materials to PCB Treatment, Inc for disposal between 1982 and 1987 Provision of false, fictitious, or fraudulent statements or representations to the United States may subject any Respondent to crlmlnal penalties under 18 U S C ~ 1001 X COVENANTS NOT TO SUE 23 In consideration of the payments that wall be made by Respondents under the terms of this Consent Order, and except as specifically provided in Section XI (Reservations of Rights by Un~ted. 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), relating to the Sate 24 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 21 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 9 In the Matter of PCB Treatment, Inc Super. fund Site, EPA Docket No CERCLA-07-2001-O008 XI RESERVATIONS OF RIGHTS BY UNITED STATES 25 The covenant not to sue by the EPA set forth in Paragraph 23 does not pertain to any matters other than those expressly specified in said Paragraph 23 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 a liability for failure to meet a requirement of this Consent Order, b criminal liability, c liabllmty for damages or injury to, destruction of, or loss of the natural resources, or d liability armslng from any future arrangement for dmsposal or treatment of a hazardous substance, pollutant or contaminant at the Site after the effective date of this Consent Order 26 Notwithstanding any other provision in this Consent Order, the United States reserves, and this Consent Order ms without prejudice to, the right to institute judlcmal or administrative proceedings against any individual Respondent seeking to compel that Respondent to reimburse the United States for addltmonal response costs, if lnformatmon is discovered which indicates that such Respondent no longer qualifies as a de mlnlml$ party at the Smte, because Respondent contributed more than 8% of the total allocated weight of materials to the Site, or contributed hazardous substances to the Site which are significantly more toxzc or are of significantly greater hazardous effect than other hazardous substances at the Site XII COVENANT NOT TO SUE BY RESPONDENTS 27 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 wzth respect to the Site or this Consent Order including, but not limited to 10 In the Matter of PCB Treatment, Inc Superfund Site, EPA Docket No CERCLA.07-2001-O008 a any dmrect or mndlrect claim for remmbursement 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 provlsmon of law, b any claims arising out of response activities at the Site, and c any claim against the United States pursuant to Sectmons 107 and 113 of CERCLA, 42 U S C ~§ 9607 and 9613, relating to the Smte 28 Nothmng in this Consent Order shall be deemed to constitute preauthormzatlon or approval of a clamm w~thmn the meaning of Section 111 of CERCLA, 42 U S C § 9611, or 40 C F R 300 700 (d) 29 Respondents covenant not to sue and agree not to assert any claims or causes of action agamnst each other wmth regard to the Site including any or all clamms pursuant to Sectmons 107 and 113 of CERCLA, 42 U S C §§ 9607 and 9613 XIII EFFECT OF SETTLEMENT/CONTRIBUTION PROTECTION 30 Nothing mn thms Consent Order shall be construed to create any rights in, or grant any cause of action to, any person not a Party to thms Consent Order The Un~ted States and Respondents each reserve any and all rmghts (mncludmng, but not lmmmted to, any right to contrlbutmon), defenses, clamms, demands, and causes of action whmch each Party may have wmth respect to any matter, transactmon, or occurrence relatmng mn any way to the Site against any person not a Party hereto 31 In any subsequent admlnmstratlve or ]udmclal proceeding mnmtlaSed by the United States for mn]unctmve relmef, recovery of response costs, or other relmef relatmng to the Smte, Respondents shall not assert, and may not malntamn, any defense or clamm based upon the principles of waiver, res ]udmcata, collateral estoppel, mssue preclusmon, clamm-splmttmng, or other defenses based upon any contention that the clamms ramsed mn the subsequent proceedIng were or should have been brought mn the 11 ~ ~eMatter~PCB ~eatmen6~cSuperfund$1te, EPA DocketNo CERCLA~O~2001-O008 znstant actmon, provmded, however, that nothmng in thms Paragraph affects the enforceabllmty of the covenant not to sue included in Paragraph 23 32 The Parties agree that each Respondent ms entmtled, as of the effective date of this Consent Order, to protection from contribution actions or clamms as provmded by Sectmons l13(f) (2) and 122(g)(5) of CERCLA, 42 U S C §~ 9613(f)(2) and 9622(g)(5), for "matters addressed" in this Consent Order The "matters addressed" mn this Consent Order are all response actmons taken by the Unmted States, and all response costs incurred and to be incurred by the Unmted States and by private parties, at or mn connection wmth the Smte XIV PARTIES BOUN_~D 33 This Consent Order shall apply to and be bmndlng upon EPA and upon Respondents and themr heirs, dmrectors, officers, employees, agents, successors, and assigns Any change in ownershmp or corporate or other legal status of a Respondent, mncludmng, but not llmmted to, any transfer of assets or real or personal property, shall in no way alter such Respondent's responslbllmtmes under thzs Consent Order Each smgnatory to this Consent Order certxfmes that he or she ms fully authorized to enter mnto the terms and conditions of this Consent Order and to execute and bmnd legally the Respondents represented by hmm or her XV INTEGRATION/ATTACHMENTS 34 Thms Consent Order and the Attachments constmtute the final, complete and exclusmve agreement and understanding among the Partmes wmth respect to the settlement embodied mn thms Consent Order The Parties acknowledge that there are no representations, agreements or understandings relating to the settlement other than those expressly contained mn this Consent Order and Attachment 1 12 In the Matter of PCB Treatment, Inc. Superfund Site, EPA Docket No CERCI~A-07-2001-O008 XVI PUBLIC COMMENT 35 Thas Consent Order shall be sub3ect to a tharty (30) day publac corament peraod pursuant to Sectaon 122(a) of CERCLA, 42 U S C ~ 9622(a) In accordance with Sectaon 122(1) (3) of CERCLA, 42 U S C ~ 9622(i) (3), the EPA may wathdraw or modafy · ts consent to thas Consent Order if comments received dasclose facts or consaderataons whach andlcate that thas Consent Order is lnappropraate, amproper, or anadequate XVII ATTORNEY GENERAL APPROVAL 36 Before commencement of the thirty (30) day public comment peraod, the Attorney General or has designee must approve the settlement embodied an this Consent Order an accordance wath Sectaon 122(g) (4) of CERCLA, 42 U S C ~ 9622(g) (4) XVIII EFFECTIVE DATE 37 The effectave date of this Consent Order shall be the date upon whach EPA assues written notice to Respondents that the publac comment period pursuant to Paragraph 35 of thas Consent Order has closed, that the Attorney General or h~s designee has approved the settlement pursuant to Paragraph 36, and that comments received, if any, do not require modafacataon of or the EPA wathdrawal from thas Consent Order IN WITNESS WHEREOF, the parties have affixed their sagnatures on the following pages 13 In the Matter of PCB Treatment, lnc Superfund Site, EPA Docket No CERCLA-07.2001.0008 IT IS SO AGREED AND ORDERED For the U S Environmental Protect~on Agency Dat~] Sen~or AsMlstant Regional Counsel U S Environmental Protection Agency Region VII llkzam Rice ~ Date ctlng Regional Administrator S Environmental Protection Agency Region VII 14 0~/iS/2~i 13 S2 9403498120 DENTON UTIL ADMIN PAGE 04 100% PREMIUM WITHOUT COST OV~._wRUN In the Matter of 9CB Treatment. Inc. Suuerfund Sit~ Proceedin~ Under Section 122 (g) (~) of ~he Comgrehenslve EnviroI~mental Response, Compensa=ion, and Liability Act of 19~0, as amended {CERCLA), 42 U S.C § 9622(g) (4) ~]ENTON, CITY OF l]e~to~, TX For Respondent: Signature Date Prlnt name and title below ATTACHMENT 2 Legal Description of the Real Property Comprising PCB Treatment, Inc Superfund Site 45 Ewln= Street Lots 40, 42, 44, 46, 48, and 50 on Ewlng Street ~n Kansas C1ty, Kansas, an addition ~n Kansas C~ty, Wyandotte County Kansas 2100 Wyandotte Street Lots 1, 2, 3, 4, 5 and 6, Block 21, Goodrzch Additzon, in Kansas City, Jackson County, Missouri 215 E. McKI1N-NEY DENTON, TX 76201 · (940) 349-8230 · FAX (940) 349-8120 UTILITY ADMINISTRATION October 25, 2001 Hazardous Substance Superfund - PCB Treatment, I_nc Special Account Umted States Environmental Protection Agency Attention Region VII, Superfund Accounting P O Box No 360748M Pittsburgh, PA t5251 Re Full Payment of Settlement Amount / City of Denton, Texas EPA Docket No CERCLA-07-2001-0008 Site Spill ID Numbers 07RI and 07RK 100% Premium [Without Cost Overrun Reopener] Gemlemen Pursuant to the Admimsttat~ve Order of Consent entered m the above-referenced EPA Docket Number, dated effective September 28, 2001, and pursuant to the authority of the Denton City Council as mantfested m Ordinance No 2001-277, passed and approved on the 14th day of August, 2001, I enclose herewith Cashier's Check No 313276, dated Octol~er 24, 2001, lssued by TexasBank, and purchased by the C~ty, m the amount of $53,94644 which is m full payment of the settlement amount required by the Adrmmstrat~ve Order of Consent By your receipt/md endorsement of tbas remittance, you are releasing the City of Denton, Texas as is prowded further m the above-referenced Admimstrat~ve Order of Consent Should you have any questions, comments, or other matters that you need to bring to my attention, you may call me at my direct hne (940) 349-8158, or you may wnte me at the above address Thank you for your attention to this matter Sincerely, M~chael S C61/eland Assistant City Attomey/Utflmes "Dechcated to Quahty Servtce" www c~tyofdenton corn MSC/mc Enclosure (Cashaer's Check) cc Eulme Brook, Mayor of the C~'y of Denton, Texas Audrey BAsher, Semor Assistant Regaonai Counsel, EPA (w/copy of Cashier's Check) M~chael A Coflduff, City Manager Howard Mama, Assistant C~ Managor/Utflmes Sharon Mays, D~rector, DME l Sm~, Environmental Comphance Manager for Waiters, C~ty Secretary "Dedicated to Quahty Servtce" www c~tyofdenton corn