DSHW-2024-004947

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PnRsoNs BUHLE & LnTr
A Professional Law Corporafion
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MER
January 22, 1997
VIA FACSIMILE
Rob Powers
Utah Division of Solid and Hazardous Waste
288 North L460 West
salt Lake ciry, uT 84LL4
Dear Rob:
RECEIVED
JAt{ e 7 pg?
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mmpffitftr et En$oomrffi erdU
Re: Proposed Stipulation and Consent Agreement No. 9609031
the release of perchloroethylene at the facility owned by Laundry Supply Company, Inc.,
with my comments noted. In addition, I have the following comments:
-Your proposed agreement does not include a covenant by the state not to sue
or take any other action against Laundry Supply relating to the subject matter of the
agreement (see paragraph 12 of. my draft);
-Your proposed agreement does waive state permit requirements (see
paragraph 4 of my draft); and
-Your proposed agreement does not seem to address the scenariowhere a risk
assessment is performed.
Please telephone me to discuss these comments.
Very truly yours,
LATIMER
Enclosed is a copy of your proposed Stipulation and Consent Agreement regarding
(
l/14,
LBJ:rnrs
Enclosure
cc: Craig Reaveley, Laundry Supply
Al Martz, JBR Consultants
281368 1Oxr Urrs CrNr-rr ' 201 South Main strcct, suite lSoo ' Post office Box,15898 . salt Lake ctty, urah 8.+r,+5-0g98 . Telcphone Bol-532-1231. Facsimile g0l-536-6lll
BEFORE THE UTAH SOLID AND HAZARDOUS WASTE CONTROL BOARD
---oo000--
!n the Matter of: : STIPULATION AND CONSENT
AGREEMENT
Laundry Supply Company, lnc.
uT0000228338 :
: No. 9609031
--oo0oo--
This Stiputation and Consent Agreement (the SCA) is issued by the Utah Solid and
Hazardous Waste Control Board (the Board) pursuant to the utah Solid and Hazardous
Waste Act (l-he Ac$, 19-6-101, et seq., Utah Code Annotated 1953, as amended.
STIPULATIONS
1. Laundry Supply Company, lnc. (LSC) stores, mad<ets , and distributes laundry
and dry cleaning products at its facility located at 3785 West 1987 South, Salt Lake City,
Utah.
2. LSC is a "person" as defined in Section 1 9-1-103(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 containmentsystems (collectively, UST
System) located at the facility which had been used for storage of perchloroethylene
(PCE).
5. LSC has determined that PCE was released to the soiland 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, DMsion 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 necessaryto determine if
remediation to alleviate a potential hazard to human health orthe environment at this
site is warranted.
9. LSC is subject to all applicable provisions of the Rules.
10. The pafties 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
groundwaterwillflorlonglehpresent ahazard to human health orthe environment.
6Uqhol
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.
13. Under R315-1-1 of the Rules, a spill is defined as the accidental discharge,
spilling, leaking, pumping, pouring, emifting, 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€ of the Rules, the person responsible forthe materialat the
time of the spillshallclean up allthe spilled material and any residue orcontaminated soil,
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 material no longer presents a hazard to human health or the environment. Such
cleanup or other required actions shall be at the e)eense 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. Forthe 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 shall 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 Plan (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, ortemporary piezometers, or other appropriate methods.
18. The SIP shall further define waste management procedures, health and
safety procedures, and analytical laboratory OA/QC procedures for the work pefformed
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. lf the Executive Secretary does not
approve the SlP, he shall provide LSC with a detailed written statement of reasons for
the disapproval. LSC shallthen 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 par:agraph35' . aaLq3 L
ZO. Mithin sixty (60) days afterthe date of approval of the
SIP by the Executive Secretary, LSC shall commence implementation 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
shallsubmit 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 all analytical data and interpretations. The ROI should include one of the
following recommendations: (1) a Site Remediation Plan (SRP) for conectiv6 action, (2)
Site Management Plan (SMP) for site monitoring, deed notations, site security and post-
i
22. Within sixty (60) days of submittal of the ROl, the Executive Secretary shall
approve or disapprove the recommendation regarding a proposed no-action altemative,
a Site Management Plan (SMP), or a Site Remediation Plan (SRP).
23.|t a no-action altemative is recommended by LSC in the ROI and is
approved by the Executive Secretary, LSC will be required to perform no fuilher
activities at the site to complete this SCA. lf the Executive Secretary does ncit approve
the no further action recommendation in the ROt, he shalt 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 controUquality assurance plan; 4) a health and safety plan
for percons implementing the SMP; 5) a description of the deed notation; 6) site
security arangements; 7) reevaluation of risk posed by the site and 8) a schedule for
monitoring and completion of activities. The SMP shall be submifted 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 sixtV (00)4f 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. lf 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
controUquality assurance plan; 5) a health and safety plan for persons implementing the
SRP; 6) a description of the deed notation; 7) site security arangements; 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 bythe 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, LSG shallsubmit a
revised SRP for approval. Within sixty (60) of receipt, the Executive Secretary shall
approve or modify this revised SRP in writing. lf the Executive Secretary modifies this
SRP, the modified SRP shall become the approved SRP, unleqs 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 forthe 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 shall certify in writing to the Executive Secretary that all
requirernents 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 willprovide 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
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 obseruing 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, propefty, or
natural resources wticn 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 o@urrence of an unanticipated eyent which coutd not have been
prevented or avoided by the exercise of due care or fordsight, 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 antlcipated 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 pafiies shall 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 SGA. 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 shall be subject to judicial review under applicable State law.
33. LSC shall reimburse the Executive Secretary for all reasonable costs in
overceeing compliance with this SCA and in reviewing the SlP, ROl, SMP and SRP.
The Executive Secretary shallsubmit 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.
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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 ceftain 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. lf agreement by LSC and the Executive Secretary cannot be reached
regarding submissions by LSC or the Executive Secreta$s decision on any
information, proposal or report, or part thereof, under this SCA, LSC or the Executive
Secretary may commence a proceeding underthe 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 natuial 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 SCA or
noncompliance with this SCA.
37. This document includes the entire agreement between the parties
conceming 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.
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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
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