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HomeMy WebLinkAboutDSHW-2024-004951DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF SOLID AND HA-r\RDOUS WASTE 288 North 1460 West P.O. Box 144880 Satt Iake City, Utah 841144880 (801) 538{170 Voice (801) 5386715 Fax (80r) 5364414 T.D.D. t FILE OOPr Michael O. I-eavitt Govcrnor Dianne R. Nielson, Ph.D. Exccutive Director Dennis R. Downs Director ?b.\Heq October 28, 1996 Mr. Craig Reaveley Laundry Supply Co., [nc. 3785 West 1987 South Salt Lake City, Utah 84L26 RE: Proposed Stipulation and Consent Agreement No.9609031 Dear Mr. Reaveley: Enclosed is proposed draft Stipulation and Consent Agreement No. 9609031. This Stipulation and Consent Agreement is to address the actions of Laundry Supply eo, Inc. to respond to the release of perchloroethylene into the soil and groundwater at this facility. Please review this document, particularly paragraphs 18 through 40. If you have any questions, please contact Rob Powers of my staffat (801) 538-6170. Sincerely, Division of Solid and Hazardous Waste DRD/RDP/II Enclosures c: Fred Nelson, Office of the Attomey General Thomas L. Schlenker, M.D., M.P.H., Health Officer/Department Director Salt t ake City/County Health Department Lucy B. Jenkins, Parsons Behle & Latimer F:\shw\hwb\rpowers\wp\lsc. let f: Laundry SupplyCo. Dennis R. Downs, Director BEFORE THE UTAH SOLID AND HMARDOUS WASTE CONTROL BOARD In the Matter of: Laundry Supply Company, lnc. uT0000228338 ---OO0OO--- : STIPULATION AND CONSENT AGREEMENT : No. 9609031 --oo0oo--- This Stipulation and Consent Agreement (the SCA) is issued by the Utah Solid and Hazardous Waste Control Board (the Board) pursuant to the Utah Solid and Hazardous Waste Act (The Act), 19-6-101, et seq., Utah Code Annotated 1953, as amended. STIPULATIONS 1. Laundry Supply Company, lnc. (LSC) stores, markets , and distributes laundry and dry cleaning products at its facility Iocated at 3785 West 1987 South, Salt Lake City, Utah. 2. LSC is a "person" as defined in Section 19-1-103(4) of the Utah Code Annotated (1953, as amended) and is subject to all applicable provisions of the Act and the Utah Administrative Code (the Rules). 3. LSC owns property (the "Property') a legaldescription and map of the Property is attached as Exhibit A. 4. On April 4, 1996, LSC closed two underground storage tanks (USTs) and associated underground piping and equipment and containment systems (collectively, UST System) Iocated at the facility which had been used for storage of perchloroethylene (PCE). 5. LSC has determined that PCE was released to the soil and ground water from the UST System, based on the results of the laboratory analysis of soil and ground water samples which were taken at the time of closure. 6. LSC filed a UST Closure Notice dated May 31, 1996 with the Utah Division of Environmental Response and Remediation (DERR) that includes laboratory results of sampling indicating that PCE was present in soil and ground water adjacent to the UST System. 7. On July 10, 1996, representatives of LSC met with authorized representatives of the Utah Department of Environmental Quality, Division of Solid and Hazardous Waste (DSHW) to discuss options in responding to the release. 8. Pursuant to R315-9 of the Utah Administrative Code (the Rules), the Executive Secretary of the Utah Solid and Hazardous waste Control Board (Executive Secretary) has determined that additional investigation is necessary to determine if remediation to alleviate a potentia! hazard to human health or the environment at this site is warranted. 9. LSC is subject to all applicable provisions of the Rules. 10. The parties agree that the Board has jurisdiction over this matter. 11. The Executive Secretary and LSC wish to resolve this matter by agreeing to develop a plan for site investigation/site remediation so that PCE contaminated groundwater will no Ionger present ahazard to human health or the environment. CONCLUSIONS OF LAW The Executive Secretary makes the following Conclusions of Law: 12. Perchloroethylene is a "hazardous waste" as the term is defined in R315-3 of the Rules. 2 13. Under R315-1-1 of the Rules, a spill is defined as the accidental discharge, spilling, leaking, pumping, pouring, emitting, emptying, or dumping of hazardous wastes or materials which, when spilled, become hazardous wastes, into or on any land or water. 14. Under R315-9-1 of the Rules, in the event of a spill of hazardous waste or material which, when spilled, becomes hazardous waste, the person responsible for the material at the time of the spill shall immediately take appropriate action to minimize the threat to human health and the environment. 15. Under R315-9-3 of the Rules, the person responsible for the materia! at the time of the spill shall clean up allthe spilled material and any residue or contaminated soi!, water or other material resulting from the spill or take action as may be required by the Executive Secretary so that the spilled material, residue, or contaminated soil, water, or other materia! no longer presents a hazard to human health or the environment. Such cleanup or other required actions shall be at the expense of the person responsible for the spill. AGREEMENT Based on the foregoing Stipulations and Conclusions of Law, LSC and the Board hereby agree as follows: 16. For the purpose of this SCA, the parties agree and stipulate to the above stated Stipulations and Conclusion of Law. None of the stipulations related herein shall be considered admissions by any party and sha!! not be used by any person related or unrelated to this SCA for evidence or any other purposes other than use by the Board in determining the basis of jurisdiction of this SCA. 17. LSC shall, within ninety (90) days of execution of this SCA, submit to the Executive Secretary, a Site lnvestigation PIan (SlP) to determine the nature and extent of contamination at the Site, evaluate information and data from this and previous investigations of the Site, determine if contamination is restricted to the shallow unconfined aquifer, characterize source areas of contamination on the Site, and identify the hydrogeologic characteristics, gradient, and flow direction of the groundwater aquifer using monitoring wells, or temporary piezometers, or other appropriate methods. 18. The SIP shall further define waste management procedures, health and safety procedures, and analytical laboratory QA/QC procedures for the work performed pursuant to this SlP. The SIP shall include explicit detailed tasks to be undertaken. 19. The Executive Secretary shall approve or disapprove the SIP in writing within ninety (90) days of submission of the SlP. If the Executive Secretary does not approve the SlP, he shall provide LSC with a detailed written statement of reasons for the disapproval. LSC shall then submit a revised SIP for review by the Executive Secretary. The Executive Secretary shall approve or modify the revised SIP within sixty (60) days. lf the Executive Secretary modifies the SlP, the modified SIP shall become the approved SlP, unless LSC invokes dispute resolution in accordance with paragraph 35. 20. Weather permitting, within sixty (60) days after the date of approval of the StP by the Executive Secretary, LSC shall commence imptementation of the SIP according to the specifications and schedule approved therein. 21. Within sixty (60) days of completing all activities required by the SlP, LSC shall submit to the Executive Secretary, for approval, a completed Report of lnvestigation (ROl), which will include the results of all work conducted pursuant to the SlP, including al! analytical data and interpretations. The ROI should include one of the following recommendations: (1) a Site Remediation Plan (SRP) for corrective action, (2) Site Management Plan (SMP) for site monitoring, deed notations, site security and post- closure care, or (3) no further action. 22. Within sixty (60) days of submittal of the ROl, the Executive Secretary shall approve or disapprove the recommendation regarding a proposed no-action alternative, a Site Management Plan (SMP), or a Site Remediation Plan (SRP). 23.11a no-action alternative is recommended by LSC in the ROI and is approved by the Executive Secretary, LSC will be required to perform no further activities at the site to complete this SCA. lf the Executive Secretary does not approve the no further action recommendation in the ROI, he shall provide LSC with a detailed written statement of reasons for disapproval, and notification that other options must be considered. 24.|t a SMP is recommended in the ROl, or if a SMP is determined to be necessary by the Executive Secretary from the review of the ROl, then LSC shall submit to the Executive Secretary for approval, a SMP that addresses the management of areas found to be contaminated by past operations at the site. The SMP shall include, if appropriate 1) a groundwater monitoring plan, a soil monitoring plan, or both, 2) cost estimate; 3) a quality control/quality assurance plan; 4) a health and safety plan for persons implementing the SMP; 5) a description of the deed notation; 6) site security arrangements; 7) reevaluation of risk posed by the site and 8) a schedule for monitoring and completion of activities. The SMP shall be submitted within sixty (60) days of the approval of an ROI recommending a SMP or notification by the Executive Secretary that an SMP is necessary. lf within ninety (90) days of submittal, the Executive Secretary does not approve the SMP, he shall provide LSC with a detailed written statement of reasons for disapproval. Within sixty (60) days after receiving such a statement, LSC shall submit a revised SMP for approval. Within sixty (60) of receipt, the Executive Secretary shall approve or modify this revised SMP in writing. lf the Executive Secretary modifies this SMP, the modified SMP shall become the approved SMP, unless LSC invokes dispute resolution in accordance with Paragraph 35. 25.|t a SRP is recommended in the ROl, or if a SRP is determined to be necessary by the Executive Secretary from the review of the ROl, then LSC shall submit to the Executive Secretary for approval, a SRP that addresses the remediation of areas found to be contaminated by past operations at the site. The SRP shall include, if appropriate 1) an active remediation plan; 2) a groundwater monitoring plan, a soil monitoring plan, or both, as appropriate; 3) cost estimate; 4) a quality control/quality assurance plan; 5) a health and safety plan for persons implementing the SRP; 6) a description of the deed notation; 7) site security arrangements; 8) reevaluation of risk posed by the site and 9) a schedule for monitoring and completion of activities. The SRP shall be submitted within sixty (60) days of the approval of an ROI recommending a SRP or notification by the Executive Secretary that a SRP is necessary. lf within ninety (90) days of submittal, the Executive Secretary does not approve the SRP, he shall provide LSC with a detailed written statement of reasons for disapproval. Within sixty (60) days after receiving such a statement, LSC shallsubmit a revised SRP for approval. Within sixty (60) of receipt, the Executive Secretary shall approve or modify this revised SRP in writing. If the Executive Secretary modifies this SRP, the modified SRP shall become the approved SRP, unless LSC invokes dispute resolution in accordance with Paragraph 35. 26. Once the SRP or the SMP has been approved by the Executive Secretary, he will subject the approval to a thirty (30) day public comment period. 27. Within sixty (60) days of notice by the Executive Secretary that the public comment period has been completed for the approval of the SMP or SRP, LSC shall commence implementation of the plan according to the specifications and schedule approved therein. 28. Within sixty (60) days after completing all activities required by the approved SMP or SRP, LSC shal! certify in writing to the Executive Secretary that all requirements and obligations in the approved SMP or SCP have been satisfied. Such certification shall include any documentation required by the SMP or SRP. 29. At such time as the Executive Secretary has determined that LSC has fulfilled all requirements and obligations under provisions contained in the approved SMP or SRP, and the DSHW invoices have been paid in full (subject to the limitation set forth in Paragraph 34), LSC shall receive a written notice from the Executive Secretary that all provisions of this SCA have been satisfied. 30. LSC will provide at least seven (7) days prior notice to the DSHW of any activities pertaining to field work at the site. The DSHW reserves the right to acquire 5 t splits of any samples collected for analysis by LSC at the site. LSC will be offered the opportunity to split any samples collected at the site by the DSHW. LSC shall provide access to its site upon request by the Executive Secretary's authorized representative(s) for the purpose of enforcing, monitoring, photographing, sampling, and observing activities conducted under this SCA. 31. The State or any of its employees, or any member of the Board or the Executive Secretary shall not be liable for any injury or damage to persons, property, or natural resources which result from acts or omissions by LSC or its agents or contractors in carrying out activities pursuant to this SCA. The Executive Secretary and his representatives shall comply with all reasonable requirements established by LSC for the protection of health, safety, and security while on its property or property under its control. Some of the activities conducted pursuant to this SCA may pose certain health and safety risks. The health and safety of LSC personnel or its contractors shall be the sole responsibility of LSC. 32. Upon the occurrence of an unanticipated event which could not have been prevented or avoided by the exercise of due care or foresight, and which causes or may cause delay in achievement of any requirement under this SCA, LSC shall notify the Executive Secretary in writing within twenty (20) days of the day LSC knew of the event, describing the anticipated length of the delay, the anticipated consequences of the delay, the measures taken and to be taken by LSC to prevent or minimize the delay, and the timetable by which such measures are expected to be implemented. lf the parties agree that the delay or anticipated delay in the achievement of any requirement of this SCA has been or will be caused by circumstances beyond the control of LSC or its agents or contractors, the parties sha!! stipulate to the extension of the particular compliance requirement affected by a period not exceeding the delay caused by such circumstances, and shall apply to the Executive Secretary for an appropriate modification of this SCA. ln the event that LSC and the Executive Secretary cannot agree as to length or right of extension, then either party may submit the matter to the Board for resolution. The burden of proving that any delay is caused by circumstances beyond the control of LSC shall rest with LSC. The Board's final decision shal! be subject to judicial review under applicable State Iaw. 33. LSC shall reimburse the Executive Secretary for all reasonable costs in overseeing compliance with this SCA and in reviewing the SlP, ROI, SMP and SRP. The Executive Secretary shall submit periodic invoices to LSC identifying the oversight and review costs of DSHW employees in accordance with the fee collection schedule in the Utah Appropriations Act. Within thirty (30) days of receipt of each such invoice, LSC shall remit a check to the State for the full amount of those costs, payable to the Utah Department of Environmental Quality, c/o Dennis R. Downs, Executive Secretary, Utah Solid and Hazardous Waste Control Board, State of Utah, P.O. Box 144880, Salt Lake City, Utah 84114-4880. 6 34. ln the event of any disagreement by LSC regarding these costs, LSC may commence a proceeding under the Administrative Procedures Act and applicable administrative rules of the Board to resolve the dispute. The Board's final decision in any adjudicative proceeding shall be subject to judicial review under applicable State law. 35. This SCA expressly contemplates submission of certain information, proposals and reports by LSC to the Executive Secretary. The Executive Secretary shall determine the adequacy and applicability of such submissions. ln addition, LSC may petition the Executive Secretary to make decisions on certain technical requirements. If agreement by LSC and the Executive Secretary cannot be reached regarding submissions by LSC or the Executive Secretary's decision on any information, proposal or report, or part thereof, under this SCA, LSC or the Executive Secretary may commence a proceeding under the Administrative Procedures Act and applicable administrative rules of the Board to resolve any disputed decision or submission. The Board's final decision in any adjudicative proceeding may be subject to judicial review under applicable State law. lf practicable, LSC shall proceed with any undisputed elements of the proposed activity. 36. The Executive Secretary, the Board, or any entity of the State shall not be deemed to have waived any rights which it may otherwise exercise under applicable laws and administrative rules including, but not limited to, such actions as may be necessary to prevent pollution of groundwater, protect the public health and environment, protect and maintain its natural resources, abate an imminent hazard or public nuisance, recover costs for DSHW expenditures, recover damages for loss, destruction or replacement of natural resources, or any combination of these remedies. Nor shall the Board be precluded from initiating enforcement action, including seeking civil penalties, against LSC in the event of noncompliance with the Utah Solid and Hazardous Waste Act and applicable administrative rules not resolved by this SGA or noncompliance with this SCA. 37. This document includes the entire agreement between the parties concerning the subjects it discusses. lt can be changed only through a formal agreement signed by all the parties. lt is binding on all parties, their successors and assigns, and all other persons or entities acting on their behalf. LSC consents to entry of this SCA and agrees to be bound by it. 38. Data or information provided by LSC under this SCA, upon request by LSC, may be treated as confidential by the Board and the Executive Secretary to the extent and under the procedures set forth in Utah Code Annotated Section 19-1-306 and 63-2-101 et.seq. 7 39. This SCA shall become effective upon execution by LSC and the Executive Secretary of the Board. Dated this day of _, 1996 Laundry Supply Company, Inc. By: Title: Utah Solid and Hazardous Waste Control Board By: Dennis R. Downs Executive Secretary 8