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