1999-116PCB Settlcmont Ordinance
ORDINANCE NO
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, Ine to properly
and legally d~spose cfa number of PCB-contaminated transformers and capacitors, and
WHEREAS, the City has smce been reformed 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 Enwroumental Protection Agency ("EPA") as the Osage Metals
Superfund S~te an Kansas City, KS (the "sate"), and
WHEREAS, the EPA has expended m excess of$1 4 mflhon to clean up the site under the
Comprehensive Environmental Response, Compensation and Llablhty Act of 1980 ("CERCLA"),
and
WHEREAS, although the City believes that at had no direct role m the contamination of this
sate, it nevertheless recogmzes that, due to no fault of ars own, there is at least a possibility that it
may fit wlthm the broad defimtaon of potentially responsible parties ("PRPs") under CERCLA, to
whom habfl~ty may attach, and
WHEREAS, the Umted States Department of Justice ("DOJ") has filed an aeUon naming
the City as one of several defendants m htagatlon to recover cleanup expenses under CERCLA, and
has offered to settle this htlgatlon with the City m the amount of $1,934, and
WHEREAS, the City desires to avoid the uncertainty and expense of litigation m a foreign
venue, NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the proposed Admunstrat~ve Consent Order ~s approved, and the City
Manager Xs authorized to execute same on behalf of the C~ty of Denton, Texas
SECTION II That the City Manager is hereby authorized to expend an amount not
excess of $1,934 m settlement of the above ht~gat~on
S~CTION III That tins ordinance shall become effective mamedaately upon its passage and
approval '
Page 1 of 2
JACK,fiLLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Page 2 of 2
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION VII
726 MINNESOTA AVENUE
KANSAS CITY, KANSAS 66101
IN THE MATTER OF )
)
OSAGE METALS SUPERFUND SITE )
)
Kansas Csty, Kansas )
)
) EPA Docket No
)
)
Proceeding under Section 122(g)(4) of the ) ADMINISTRATIVE ORDER
Comprehensive Environmental Response, ) ON CONSENT
Compensation, and Llabdsty Act of 1980, )
as amended, 42 U S C § 9622(g)(4) )
i JI~RISDICTION
Thss Admsmstratsve Order on Consent ("Consent Order") ss sssued pursuant to the
authority vested sn the President of the Umted States by Sectson 122(g)(4) of the Comprehensive
Envtronmental Response, Compensatton. and Ltabthty Act of 1980, as amended by the
Superfund Amendments and Reauthonzatson Act of 1986 ("CERCLA"), 42 U S C § 9622(g)(4).
to reach settlements macttons under Sectson 106 or 107 of CERCLA. 42 U S C §§ 9606 or
9607 The authority vested tn the Prestdent has been delegated to the Admmsstrator of the
Umted States Envtronmental Protection Agency ("EPA") by Executive Order 12580. 52 Fed
Reg 2923 (Jan 29. 1987) and further delegated to the Regional Admmtstrators of the EPA by
the EPA Delegatson No 14-14-E 0ssued Sept 13. 1987. modsfied by memorandum June 17
1988)
2 Thss Admmtstratsve Order on Consent ts tssued to the pareses hsted m Attachment
I ("Respondents"), attached to and incorporated into thss Order Respondents agree to undertake
all actsona reqmred by thts Consent Order Respondents further consent to and wdl not contest
the EPA's lunsdsctson to ensue thts Consent Order or to enforce ets terms
3 EPA and F espondents agree that the actsons undertaker, by Responder s tn
accordance wsth thss Conaent Order do not consmute an admissson of any habdsty by any
Respondent Respondents dc, not admst, and retain the right to controvert m any subsequent
proceedings other than proceedmgs to tmplement or enforce th~s Consent Order. the vahdtty of
the Fmthngs of Facts or r-~etermmat~ons contained m Sectmns IV and V, respectsvely, of th~s
Consent Order
- II STATEMENT OF PURPOSE
4 By entenng into this Consent Order, the mutual objectives of the EPA and
Respondents are
a to reach a final settlement between EPA and Respondents w~th respect to the S~te
pursuant to Section 122(g) of CERCLA, 42 U S C § 6922(g), that allows Respondents to make a
cash payment, including a premmm, to resolve their alleged c~wl habd~ty under Secuon 107 of
CERCLA, 42 U S C § 9607, for response costs recurred and to be recurred at or m connecuon
wnh the Site, thereby reducing lmgauon relaung to the S~te,
b to s~mphfy any remalmng admm~straUve and judicial enforcement acuvmes
concermng the Site by ehmmatmg a substantml number of potanually responsible part~es from
further involvement at the Site, and
c to obtain settlement w~th Respondents fo~ their fair share of response costs
recurred and to be recurred at or in connection w~th the Site by the EPA H~Tnrdous Substance
Supeffund. and by private part,es, and to provide for full and complete conmbuuon protecuon
for Respondents with regard to the S~te pursuant to Secuons 113(0(2) and 122(g)(5) of
CERCLA. 42 U S C §§ 9613(0(2) and 9622(g)(5)
II1 DEFINITIONS
5 Unless otherwise expressly provided herein, terms used in th~s Consent Order that
are defined m C£RCLA or ~n regulations promulgated under C£RCLA shall have the meanm$
assigned to them m the statute or regulauons Whenever the terms hsted below are used m th~s
Consent Order. the following definmons shall apply
a "C£RCLA' shall mean the Comprehensive Envrmnmental Response.
Compensation. and Lmbd~ty Act of 1980. M amended. 42 U S C § 9601. et seq
b "Consent Order" or "Order shall mean this Ad'mln~strauve Order on Consent and
all attachments atlached hereto In the e~ ent of'conflict between th~s Order and any attachment.
the Order shall control
*'Day" shall mean a calendar day In computing any period of ume under th~s
Consent De~ee. where the last day would fall on a Saturday. Sunday. or federal hohday, the
period shell ron unul the close of bus~ness of the next workln$ day
d "EPA" shall mean the Umted State Env~ronmerml Protection ~ .gency and any
successor departments, agenmes or ~nstrumentahues
e "EPA Hazardous Substance Superfund" shall mean the Hazardous Substance
2
Superfund estabhshed by the Internal Revenue Code, 26 U S C § 9507
f "Interest" shall mean ~nterest at the current rate specified for interest on
investments of the EPA Hazardous Substance Supeffund established by 26 U S C § 9507,
compounded annually on October I of each year, m accordance with 42 U S C § 9607(a)
g "Paragraph" shall mean a portion of this consent Order identified by an Arabic
numeral
h "Pames" shall mean EPA and the Respondents
I "Respondents" shall mean those persons, corporations, or other entities listed
Attachment 1
"Response costs" shall mean all costs Dr."response" as that term is defined by
Section 101(25) of CERCLA, 42 U S C ~ 9601(25)
k "Section' shall mean a portion of this Consent Order identIfied by a Roman
numeral
"Site" shall mean the Osage Metals Superfund Site, encompassing approximately
I 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)
m "United States" shall mean the Umted States of America, including its
depanmants, agencies and mstrumental,t~es
IV FINDINGS OF FACT
6 The Site v, as the location of a metals salvage and reclamation facility between
1948 and 1993 Dunng the 1980s, the S,e accepted scrap metal taken from capacitors and
transformers, and whole transformers from PCB Treatment, Inc and AmerEco Environmental
Services, lnc
7 The scrap metal from u%ed capacitors that was accepted by the Site from PC
Treatment, Inc was contaminated ~qlth polvchJormated blphenyls ("PCBs"), which are
hazardous substances ~.sthm the meanm,~ of CERCLA, and disposal o£ the scrap metal at the Site
resulted in the release or threat of reJease of PCBs or other hazardous substances at the S
8 The scrap metal from used transformers that was accepted by the Site from
Amer£co Environmental Services, Inc was contamma°ed with PCBs, and d~sposal of the scrap
metal at the Site resulted in the release or threat of release of PCBs or other hazardous substances
3
at the Site
9 As a result of' the release or threatened release of' hazaldous substances at the Site,
EPA conducted a response action bet-,veen 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
11 Each Respondent listed ,n Attachment 1 arranged with PCB Treatment, Inc for
the disposal oi'capacltors contaminated with hazardous substances PCB Treatment, Inc
dismantled the capacl~rs and arranged for disposal oi' scrap metal taken f'rom these capacitors at
the Site
12 The number of' pounds ot' capacitors that each Respondent sent to PCB Treatment,
Inc and AmerEco Environmental Services, Inc for disposal do~s not exceed one (1) percent or'
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, lnc for disposal, and the hazardous substances contributed by each Respondent to the'
S,te are not significantly more toxic or of'significantly ~'eater 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 port:on of'the Umted States' costs
V DETERMINATIONS
14 Based upon the Findings of' Fact set forth above and on the administrative record
t'or th:s S:te, the EPA has determined that~
a The Site is a "facd:ty" as that term is defined in Sect:on 101(9) of CERCLA, 42
U S C § 9601(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 :s a' potentially responsible party" within the meaning of
Section 122(g)(I)ofCERCLA, 42 U S C
§ 9622(g)(I )
d There has been an actual or threatened "release" of a "hazardous substance" from
the Site as those terms are defined in Section I 01 (22) and (14) or' CERCLA, 42 U S C § §
9601(22) and (14)
4
e The actual or threatened "release" of hazardous substances at the Site caused the
lncurrence of' response costs at the Site
f Prompt settlement w~th Respondents is practicable and m the public ~nterest
w~thm the meamng of Secuon 122(g)(1) of 42 U S C § 9622(g)(1)
g As to each Respondent, th~s Consent Order involves only a minor portion of the
response costs at the site within the meamng of Section 122(g)(1) of CERCLA, 42 U S C §
9622(g)(1)
h Respondents are ehgible for a de mm~mls 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 conmbuted to the Site by each Respondent is minimal m comparison to
other hazardous substances at the Site w~thm the meaning of Section 122(g)(I)(A) of CERCLA,
42 U S C § 9622(g)(l)(A)
VI ORDER
15 Based upon the admlmstratlve record for th~s S~te and the Findings of Fact and
Determinations set forth above, and in consideration of the promises and covenants set forth
hereto, ~t ~s hereby AGREED TO AND ORDERED
VII PAYMENT
16 W~thm 30 days of the effecuve date of this Consent Order, Respondents shall each
pay the amount designated on the same hne as their name appears m Attachment 1
17 Each Respondent's payment includes an amount for a) past response costs
recurred at or m connection with the S~te, and b) a premmm to cover the risks and uncertainties
associated w~th this settlement
18 Each payment specified ,n 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 maLmg the payment, the Osage Metals Supeffund S~te name, EPA
Regson VIL the S~te Spdl ID Number, 07JE, and the EPA Docket Number VII-98-FO019 for th~s
actson and shall be sent to
Hazardous Substances Superfund
Umted States En,'~ronmental Pr.,tecuon Agency
Attention Region VII, Supertand Accounting
Post Office Box # 36074gM
Pittsburgh. PA 15251
5
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 PAYMEN'I
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, m
addition to any other available remedies or sanctions, bnng 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
IX CERTIFICATION OF RESPONDENT
21 By signing this Consent Order, each Respondent certifies, mdlwdually, that, to
the best of its knowledge and behef, it has
a conducted a thorough, comprehensive, good faith search for documents, and has
fully and accurately disclosed to EPA all information currently in ~ts possession, or m the
possession of its o~cers, d~rectors, employees, contractors or agents, which relates m any way to
the ownership, operation, generation, treatment, transportation or to the ownership, possession
generat:on, 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 habfl,ty regarding the Site since receipt
of any information request letter from the EPA pursuant to Sectmn 104(e) of CERCLA. 42
U S C § 9604(a). not:ficatlon of potentml liability by EPA. or any other correspondence between
EPA and Respondent regarding the S~te.
c fully complied with any and all EPA requests for information regarding the S~te
pursuant to Sections 104(e)ofCERCL.~ 42 L]S C § 9604(e). and
d ha~ not sent more than 89 387 pounds of capacitors or transformers to PCB
Treatment. ln¢. AmerEco Environmental Services. Inc or Osage Metals Co. Inc for d~sposal
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
6
X COVENANTS NOT TO SUE.
22 In ¢onslderatlon of the payments that will be made by Respondents under the
terms of'this Consent Order, and except as specifically provided m 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 rehefor reimbursement of
response costs pursuant to Sectlol~s t06(a) or 107(a) of CERCLA, 42 U S C §§ 9606(a) or
9607(a)
23 W,th respect to present and fiature hablht¥, these covenants not to sue shall take
effect upon receipt by the £PA of'the payment as required by Paragraph 16, including any
Interest due under Paragraph 20 These covenants not to sue Respondents are condition~d upon
the complete and satisfactory performance by Respondents of all obligations under this Consent
Order, and the veracity of the information provided by and cemficauons 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 ~xtend to any other person
XI RESERVATIONS OF RIGHTS BY UNITED STATES
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
a liability for failure to meet a requirement of this Consent Order,
b criminal liability,
c liability for damages or injury to, destruction of, or loss of the natural resources,
or
d liability arising 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 Ibis Consent Order is without prejudice to, the right to msumte judicial or
administrative proceedings against any individual Respondent seeking to compel that
Respondent to reimburse the United States for additional response costs, if reformation is
discovered which indicates that such Re,pondent no longer quahfies as a de mlnlmls, party at the
Site, because Respondent arranged for me disposal of more than 89,387 pounds of capacitors or
transformers to PCB Treatment, lnc, AmeiEco Environmental Services, Inc or Osage Metals
Co, Inc for disposal between 1984 and 1993, or conmbuted hazardous substances to the S~te
7
which are slgmficantly more ~oxlc or are of sigmficantly greater hazardous effect than other
hazardous substances at the Site
XII COVENANT NOT TO SUE BY RESPONDENTS
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 hmlted 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, 961 I, 9612, or 9613, or any other provision of law,
b any claims arising out of response acuwties 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 S~te
27 Nothing in th~s Consent Order shall be deemed to consumte preauthonzauon or
approval of a claim w~thm the meaning of Section 111 of CERCLA, 42 U S C § 961 I, 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 ciaams pursuant to Sections
107 and 113 of CERCLA, 42 U S C §§ 9607 and 9613
XIII EFFECT OF SETTLEMENT/CONTRIBUTION PRQTE(~T[ON
29 Nothing in this Consent Order shall be construed to create any rights an, 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 w,th
respect to any matter, transaction, or occurrence relating m any way to the Snte against any
person not a Party hereto
30 in any subsequent administrative or judicial proceedang 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 jud~cata, collateral estoppel, issue preclusion, clalm-sphttmg, or other
defenses based upo~ any contention that the claims raised m the subsequent prc;ceedmg were, r
should have been brought m the instant action, provided, however, that nothing m this Paragraph
affects the enforceability of the covenant not to sue Included m Paragraph 22
31 The Pames agree that each Respondent ~s entitled, as of the effective date of th~s
Consent Order, to protection from contribution actions or claims as prowded by Sections
113(0(2) and 122(g)(5) of CERCLA, 42 U S C §§ 9613(0(2) and 9622(g)(5). for "matters
addressed" ~n thIs Consent Order The "matters addressed" m th~s Consent Order are all
response actions taken by the Umted States, and all response costs recurred and to be recurred b~
the Umted States and by private pames, at or m connection w~th the S~te
XIV PARTIES BOUND
32 Th~s Consent Order shall apply to and be binding upon EPA and upon
Respondents and their he~rs, d~reetors, officers, employees, agents, successors, and assigns Any
change m ownership or corporate or other legal status of a Respondent. including, but not hm~ted
to, any transfer of assets or real or personal property, shall m no way alter such Respondent's
responslbflmes under th~s Consent Order Each s~gnatory to th~s Con~ent Order certifies that he
or she ~s fully authorized to enter into the terms and condmons of th~s Consent Order and to
execute and brad legally the Respondents represented by h~m or her
XV INTEGRATION/ATTACHMENTS
33 Th~s Consent Order and Attachment I constitute the final, complete and exclusive
agreement and understanding among the Part,es with respect to the settlement embodied m th~s
Consent Order The Part,es acknowledge that there are no representations, agreement or
understandings relating to the settlement other than those expressly contained m th~s Consent
Order and Attachment I
XV1 PUBLIC COMM]E~NT
34 Th~s Consent Order shall be subject to a thirty-day pubhc comment period
pursuant to Section 122(0 of CERCLA 42 U S C § 9622(,) In accordance w,th Sectmn
122(0(3) of CERCLA. 42 U S C ~ 9622(0(3) the EPA may w~thdraw or modify ~ts consent to
th,s Consent Order ffcomments rece,~ed d~sclose facts or cons~deratmns which ~nd~cate that th~s
Consent Order ,s inappropriate. ~mproper or inadequate
X~, II ATTORNE~ GENERAL APPROVAL
35 Before commencement of the thirty-day pubhc comment penod, the Attorney
General or her designee must appro~, e the settlement embodied ~n thzs Consent Order m
accordance wtth Sectmn 122(gX4)ofCERCLA 42 U S C § 9622(g)(4)
XVIil MODIFICATION
36 EPA may mcdlfy th~s Order by adding any addmonal Respondent whom EPA
determines ,s a' potent,ally respons,ble party' w,thm the meaning of Section 122(g)(I) of
9
CERCLA, 42 U S C § 9622(g)(1) w~th regard to the S~te The newly added Respondent shall
submit a signed signature to th~s Order The amendment shall become effective when signed by
EPA
xux
37 The effective date of this Consent Order shall be the date upon which EPA ~ssues
written notice to Respondents that the pubhc comment period pursuant to Paragraph 34 of th~s
Consent Order has closed, that the Attorney General or her designee has approved the settlement
pursuant to Paragraph 34, and that comments received, ~f any, do not require mo&ficat~on of or
the EPA w~thdrawal from this Consent Order
I0
In the Matter of Osaae Metals. Suneffund S~te
Proceeding Under Section 122(g)(4) of the Comprehensive Enwronmental 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 Enwronmental Protection Agency
Audrey Asher Date
Semor Assistant Regional Counsel
U S Environmental Protection Agency
Region VII
Denms Grams, P E Date
Regional Administrator
U S Environmental Protection Agency
Region VII
11
In the Mat~er of Osaue Metals SuDerfund 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 Alabama Elecm¢ Cooperative
[Signature] Date
Name
Title
Addrasa
Phone
Fax
In the Matter of Osaae Metals Sunerfund Site
Proceeding Under Section 122(8)(4) of the Comprehensive Environmental Response,
Compensatlon, and Llabd~ty Act of 1980, as amended (CERCLA), 42 U S C § 9622(8)(4)
For Respondent Alloy Engmeenng & Casting Company
[S~gnature] Date
Name
Title
Address
Phone
F~
13
In the Matter of Osaize Metals Sunerfund S
Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response,
Compensauon, and L~abflity Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4)
For Respondent Amoco Off Company
[Signature] Date
Name
Title
Address
Phone
F~
14
In the Matter of Osa~,e Metals SuDerfund $~te
Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response,
Compensation, and LmbHity Act of' 1980, as amended (CERCLA), 42 U S C § 9622(g)(4)
For Respondent Bay State Milling Company
[S~$nature] Date
Name
T~tle
Address
Phone
F~
15
In the Matter of'Osa~ze Metal~. Suoeffund S~te
Proceeding Under Section 122(g)(4) o£ the Comprehensive Enwronmental Response,
CompensaUon, and L~abHlty Act of' 1980, as amended (CERCLA), 42 U S C § 9622(g)(4)
For Respondent Blue HHI Elecmc Department
['S~gnature] Date
Name
T~tle
Address
Phone
F~
16
In the Matter of Osage Metals Suoerfund S~te
Proceeding Under Section 122(g)(4) of.the Comprehensive Envtronmental Response,
Compensation, and L~abdity Act of' 1980, as amended (CERCLA), 42 U S C § 9622(g)(4)
For Respondent BP America, Inc
[S~gnature] Date
Name
T~tle
Address
Phone
F~
17
In the Matter of Osaae Metals SuDerfund Site
Proceedzng Under Section 1~'2(g)(4) of the Comprehensive Enwronmental Response,
Compensat,on, and L~abdlty Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4)
For Respondent Cannon-Muskegon Cor~orauon
[S~gnature] Date
Name
T~tle
Address
Phone
Fax
18
In the Matter of Osage Metals Suoerfund S~le
Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response,
Compensation, and L~abthty Act of' 1980, as amended (CERCLA), 42 U S C § 9622(ff)(4)
For Respondent Darke Rural Electric
[S~gnature] Date
Name
Title
Address
Phone
F~
19
In the Matter of'Osage Me~als Sune~und
Proceedm$ Under Section 1-22($}(4) of the Comprehensive Environmental Response,
Compensation, and LmhH~ty Act of' 1980, as amended (CERCLA), 42 U $ C § 9622(g)(4)
For Respondent Denton, C,ty of'
April 6, 1999
Date
Name Jack M-% 1 ler
T~tle =. Mayor
Address c~.ty of Denton
215 E. McK.Lnney
Denton, Texas 76201
Phone 940-349-8309
Fax 940-349-8596
2O
In the Mat~er ofOsa~ M~lal's Suoerfund Site
Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response,
Compensation, and Llabdity Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4)
For Respondent Dover, City of
[Signature] Date
Name
Title
Address
Phone
Fax
21
In the Matter of Osaue Metals. $~Jperf'und Site
Proceedlns 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
[S~gnature] Date
Name
Title
Address
Phone
F~
22
In the Matter of Osaue Metals Su~erfund Site
Proceeding Under Secuon 122(g)(4) of the Comprehensive Enwronmental Response,
Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4)
For Respondent Environmental Options, Inc
[Signature] Date
Name
Title
Address
Phone
23
In the Matter of Osaae Metals Suverfund Site
Proceeding Under Secuon 122(g)(4) of'the Comprehensive Enwronmental Response,
Compensauon, and L~abd~ty Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4)
For Respondent Ephraim, C~ty of', and Ephrmm Lsght & Power
[S~gnature] Date
Nallle
T~tle
Address
Phone
F~
24
In the Matter of Osaee Metals. Suoerfund ~ll'e
Proceeding Under Secuon 122(8)(4) of the Comprehensive Environmental Response,
Compensation, and Llabdity Act of 1980, as amended (CERCLA), 42 U S C § 9622(8)(4)
For Respondent Federated Rural Electric Association
[Signature] Date
Name
Title
Address
Phone
Fax
In the Matter of Osalze Metals Superfund Site
Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response,
Compensation, and Llabdity Act of 1980, as amended (CERCLA), 42 U $ C § 9622(g)(4)
For Respondent Flathead Electric Cooperative, In¢
[Signature] Date
Name
Title
Address
Phone
26
In the Matter of Osaoe Metals Sunerfund Szte
Proceeding Under Section 122(g)(4) of the Comprehensive Enwronmental Response,
Compensatmn, and L~abfl~ty Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4)
For Respondent General Motors Corporation
[S,gnature] Date
Name
T~tle
Address
Phone
Fax
27
In the Matter of Osage Meta!s Sunert'und
Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response,
Compensation, and L~ab~l~ty Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4)
For Respondent GFI America, Inc
[Signature] Date
Name
Title
Address
Phone
F~
28
In the Mat~er of Osa~ze Metals Suverfund S~te.
Proceeding Under Section 122(g)(4) or' 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 Spnngs Elecmc System
[Signature] Date
Name
Title
Address
Phone
F~x
29
In the Matter of Osaoe Metll~ Spperfund
Proceeding Under Section 122(g)(4) of the Comprehensive Enwronmental Response,
Compensation, and Lmbdlty Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4)
For Respondent Hammond Valve Corp
[Stgnature] Date
Name
Title
Address
Phone ,
Fax
3O
In the Matter of Osa,,e Metals'Sunerfund Site,
Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response,
Compensation, and Llabthty Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4)
For Respondent Hol,day Inns of America, lnc
[Signature] Date
Name
T~tle
Address
Phone
Fax
31
In the Matter of Osage Metal~ Suoerfund S~te
Proceeding Under Section 122(g)(4) of the Comprehensive Envlmnmental Response,
Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4)
For Respondent Inland Power & Light
[S~gnature] Date
Name
Tale
Address
Phone
Fax
32
In the Matter of Osaae Metals XSu~erfund Stt~
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, C~ty of, and Lafayette Municipal Electric Department
[S~gnature] Date
Name
T~tle
Address
Phone
Fax
In the Matter of Osa~,e Metals Suuerfund Site
Proceeding Under Section 122(g)(4) or'the Comprehens,ve Environmental Response,
Compensat, on, and Llabll,ty Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4)
For Respondent Lockheed Martin Corporation
[Signature] Date
Nam~
T,tle
Addrass
Phone
Fax
34
In the Matter of Osaae Me~l$ guoerfund
Proceeding Under Section 122(g)(4) of the Comprehensive Enwronmental Response,
Compensation, and Lmbfl~ty Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4)
For Respondent Mahaska, C~ty of
[S~gnature] Date
Name
T~tle
Address
Phone
Fax
In the Matter of Osaie Mel~Is 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 Commonwealth Aluminum Corporation
[Signature] Date
Name
Title
Address
Phone
Fax
36
In the Matter of Osage Met~,]t Suoerfund Sll~e
Proceeding Under Section 122(g)(4) of the Comprehensive Envtronmental Response,
Compensation, and Liability Actor 1980, as amended (CERCLA), 42 U S C § 9622(g)(4)
For Respondent Martin Marietta Materials, Inc
[Signature] Date
Name
Title
Address
Phone
F~
37
In the Matter of Osa,,e Metal~ Suuerfund $It~
Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response,
Compensation, and Llabflny Act of 19g0, as amended (CERCLA), 42 U S C § 9622(g)(4)
For Respondent Dairy Farmers of America, Inc
[Signature] Date
Name
Tstle
Address
Phone
F~
38
In the Matter of Osac, e Metal~ Superfund S~t~
Proceeding Under Secuon 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 Mumc~pal Commission
[Signature] Date
Name
T~tle
Address
Phone
Fax
39
In the Matter of Osalze M~t~ls Su~erfund S~te
Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response,
Compensauon, and Lmbd~ty Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4)
For Respondent New Castle Board of Water & L~ght
[S~gnature] Date
Name
T~tle
Address
Phone
F~
40
In the Mat~er of Osa~,e Metal, Sunerfund S~t~
Proceeding Under Section 122(g)(4) of'the Comprehensive Environmental Response,
Compensation, and Lmbihty Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4)
For Respondent New Era Electric Cooperative, lnc
[Signature] Date
Name
T~tle
Address
Phone
F~
41
In the Matter of Osa~,e Metals 'Sunerfund Site
Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response,
Compensation, and Llabll,ty Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4)
For Respondent New Llsban, C~ty of, and New Llsban Light & Water
[S~gnatum] Date
Name
Title
Address
Phone
Fax
42
In the Matter of Osa~,e Metals Suoerfund S~te
Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response,
Compensation, and L~abdlty Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4)
For Respondent Northern Virginia Elecmc Cooperative
[Signature] Date
Name
Title
Address
Phone
Fax
43
In the Matter of Osalze 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'Bnen & Gere Technical Services, aYk/a OBG Technical Services
[SIgnature] Date
Name
Title
Address
Phone
Fax
44
In the Matter of Osac, e Metals SuDerfund S;te
Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response,
Compensation, and Lmbfl~ty Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4)
For Respondent Opehka, C~ty of, and Opehka L~ght & Power Department
[S~gnature] Date
Name
T~tle
Address
Phone
Fax
45
In the M~ter of Osaae Meta~ls Suoerfund SI)~,
Proceeding Under Section 122(g)(4) of the Comprehens,ve Environmental Response
Compensation, and L~abd~ty Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4)
For Respondent PSI P~pmg Specialties
[S~gnature] Date
Name
T~tle
Address
Phone
Fax
46
In the Matter of Osalze Me~;~ls Suoerf'und 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 Quatromx Corporation / Excel
[Signature] Date
Name
T~tle
Address
Phone
Fax
47
In the Matter of Osage Metals Suoerfund S~te
Procee&ng Under Section 122(g)(4) of the Comprehensive Environmental Response,
Compensation, and Lmbfl~ty Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4)
For Respondent Recovery Spec~ahsts Incorporated
[S~gnature] Date
Name
Title
Address
Phone
Fax
48
In the Matter of Osalze Metals Suoerfund
Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response,
Compensatmn, and L~ab,hty Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4)
For Respondent LTV Steel Company, Inc
[S,gnature] Date
Name
T~tle
Address
Phone
Fax
49
In the Mat~er of Osaae Me~f~[~ 'Superfund Site
Proceeding Under Sect,on 122(g)(4) of the Comprehens,ve Environmental Response,
Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4)
For Respondent Rural Elecm¢ Company
[Signature] Date
Name
Title
Address
Phone ,
Fax
50
In the Matter of Osage Metals XJuverfund Sae
Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response,
Compensation, and Lmbd~ty Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4)
For Respondent Sweetwater, Ctty of, and Sweetwater Electric System
[S~gnamre] Date
Name
Tale
Address
Phone
Fax
51
In the Matter of Osaize Metals'Sunerfund ~;I~
Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U $ C § 9622(g)(4)
For Respondent Tempco, Incorporated
[S~gnature] Date
Name
Title
Address,
Phone
F~
52
In the Matter of Osa,,e Metals Suoerfund Site
Proceeding Under Section 122(g)(4) of the Comprehensive Environmental Response,
Compensation, and Llabihty Act of 1980, as amended (CERCLA), 42 U S C § 9622(g)(4)
For Respondent Umtek Environmental Services, Incorporated
[Signature] Date
Name
Tttle
Address
Phone
Fax
53
In the Ma~er of' Osaae Me)als'S~p~rf~lad
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 Waterloo, City of, and Waterloo Light & Power
[Signature] Date
Name
Title
Address
Phone
Fax
54
In the Matter of Osaae Meta]~ ~u_oerfund Slte,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] Date
Name
Title
Address
Phone
F~
55
In the Matter of Osaae Metals Suverfund
Proceeding Under Section 122(g)(4) of the Co~nprehensive Environmental Response,
Compensation, and Liability Act of' 1980, as a/nended (CERCLA), 42 U S C § 9622(g)(4)
For Respondent Wellsvflle Electric Department and Wellsvllle, Village of
[S,gnature] Date
Name
Title
Address
Phone
F~
56
RESPONDENT ' ~ I AMOUNT DUE
Alabama Elecmc CoopemUve $1,122
Alloy Engmeenng &: Cast,ng Compan% $378
Amoco Oil Company $722
Bay State Milling Company $660
Blue Hill Electric Department Sl0g
BP America, Inc $520
Cannon-Muskegon Corporation ;208
Darke Rural Eleemc , ;576
Denwn, City of $1,934
Dover, City of $364
Empire District Electric Company $3,312
Environmental Options, Inc ~246
Ephrmm, City of, and Ephraim L~ght & Po~ er $164
Federated Rural Electnc Association $46
Flatheafl Electnc Cooperative Inc $318
General Motors Corporatton $926
GFI Amenca, Inc $160
Glem~ood Spnngs Clt~ of and Glcm~ood Springs Ek, cmc S~stem $206
Hammond Valve Corp $212
Hohda~ Inn~ofAmenca. In¢ (form~.r name Hohdax Inn Inc ) $74
Inland Pox~et ,e, Llsht $1,726
Lafayette, CIW of and Lafaxea¢ Mumc~pal Eleemc Department $196
Lockheed Martin Corporation $790
Mahaska C~t~ of $62
Commonxxealth Aluminum Corporauon (former name Martin Marietta $4,310
Aluminum Inc )
~ 57
Martin Manerm Materials, Inc $1,520
Da~W Farmers of America, Inc (former name Mid-America Dairymen, $226
Inc )
Mohawk, C~ty of, and Mohawk Municipal Com~lssion $114
New Castle Board of Water & L~ght $208
New ERA Electric Cooperative, Inc ,1[ $204
New Lisban, City of, and New Llsban Light &,~atcr $82
Northern Virginia Electric Cooperative $3 398
O Bnen & Ger~ Technical Services, a~a OB0]~echlllCa] Services $882
Opellka, City of, and Opehka Light & Power D~partment $166
PSI Piping Specialties ~ $4,310
Quatromx Corporation / Excel ~, $54
Recovery Spe¢lahsts Incorporated $9,402
LTV Steel Company, ln¢ (former name Republic Steel Corporation Bar $386
Division)
Rural Electric Company ~ $1,634
Sweetwater, City of, and Swcet~x atcr Elccmc $? ?tern $374
Tcmpco, Incorporated $112
Umtck Environmental Services, Incorporated ~ $3,068
Waterloo, Citv of, and Waterloo Light & Pox~r ~, $494
Weed Heights Devcloprncnt. L L C i[, $170
Wcllsvllle Electric Depamncnt and W~llsxdl¢ Village of $202
58