DSHW-2024-004891

29201 Henry Mayo Drive | Castaic, California 91384
www.chiquitacanyon.com
[LETTERHEAD]

February 23, 2024

Via E-Mail

Douglas J. Hansen
Division Director
Utah Division of Waste Management and Radiation Control
PO Box 144880
Salt Lake City, Utah 84114-4880
[e-mail]

Linda Jacobson
Environmental Protection Agency, Region 8
1595 Wynkoop Street
Denver, CO 80202-1129
[e-mail]

Tyler Holybee
Project Coordinator
Enforcement and Compliance Assurance Division
Environmental Protection Agency, Region 9
75 Hawthorne Street
San Francisco, CA 94105
[e-mail]

Re: Chiquita Canyon Landfill
Off-Site Shipments of Waste Material

Dear Mr. Hansen, Ms. Jacobson, and Mr. Holybee:

Chiquita Canyon, LLC (“Chiquita”) is the operator of Chiquita Cayon Landfill
(“Landfill”), a Class III non-hazardous municipal solid waste landfill (“Landfill”) located in the
northern portion of the County of Los Angeles. The Landfill is the subject of a Unilateral
Administrative Order (“UAO”) issued by the United States Environmental Protection Agency
(“EPA”) on February 21, 2024, in connection with leachate production and management following
an unexpected and unusual underground reaction in an inactive portion of the Landfill (also known
as an “Elevated Temperature Landfill” or “ETLF” event). A copy of the UAO is enclosed.

Recent sampling of leachate accumulated in certain tank farm areas at the Landfill has in
some instances shown levels of volatile organic compounds (“VOCs”), including benzene, above
February 26, 2024
Page 2 of 4

29201 Henry Mayo Drive | Castaic, California 91384
www.chiquitacanyon.com
the applicable regulatory thresholds under the Resource Conservation and Recovery Act
(“RCRA”) regulations and California and Utah hazardous waste regulations.1

A tank farm is also located at the Landfill that accumulates condensate waste streams
separate from landfill leachate, including condensate produced by a waste-to-energy facility
located at the Landfill operated by Ameresco Chiquita Energy LLC (“Ameresco”) and a very small
amount of knock-out condensate from landfill flaring operations. Sampling of condensate from
those tanks has also shown levels of VOCs (benzene and methyl ethyl ketone, also known as 2-
Butanone), semi-volatile organic compounds (pyridine), metals (arsenic) above the regulatory
thresholds. Certain samples of condensate have also shown low flashpoint potentially indicative
of ignitability. As of January 31, 2024, Ameresco ceased operations at its facility, and the tanks are
no longer accumulating any additional Ameresco condensate.

Chiquita is in the process of making waste determinations for the liquid waste streams but
in the interim is managing leachate and condensate from tanks showing elevated constituent levels
as potentially hazardous waste, and disposing of those liquids offsite at permitted hazardous waste
treatment and disposal facilities. Chiquita has recently reached an agreement with Clean Harbors
to transport condensate and some of the landfill leachate that has been identified as potentially
hazardous to the Aragonite Incineration Facility located in Tooele County, Utah.2

Pursuant to Paragraph 28.a of the UAO and the “Off-Site Rule” under the Comprehensive
Environmental Response, Compensation, and Liability Act (“CERCLA”), EPA has determined
that the Aragonite Incineration Facility is an acceptable facility to receive these offsite shipments.
It is our understanding that a Verification of Continued Acceptability was completed for the
Aragonite facility on February 23, 2024, and is valid until April 24, 2024.

Accordingly, pursuant to Paragraph 28.b of the UAO, we are providing advance written
notice to Utah and EPA of our intention to ship leachate and a limited amount of condensate to the
Aragonite Incineration Facility. The information required for the notice is provided in the table
below, including the anticipated schedule for shipments.

1 Sampling of landfill leachate has sporadically shown flashpoint potentially indicative of the ignitability
characteristic. Metals have also been detected in leachate above the applicable regulatory thresholds in only
two sampling events to date (mercury in one instance and lead in the other).

2 Chiquita has also reached an agreement with Clean Harbors to transport some of the leachate that has been
identified as potentially hazardous to the Kimball Incineration Facility in Kimball, Nebraska and the Deer
Park Incineration Facility in La Porte, Texas. Separate notice letters are being sent to the Nebraska
Department of Environment and Energy and the Texas Commission on Environmental Quality in
accordance with the UAO.
February 26, 2024
Page 3 of 4

29201 Henry Mayo Drive | Castaic, California 91384
www.chiquitacanyon.com
Table 1
Information for Notification of Off-Site Shipment

Name and location of the receiving facility

Clean Harbors Aragonite Incineration Facility
11600 North Aptus Road
Grantsville, UT 84029
Utah/EPA ID Number: UTD981552177

Type of Waste Material to be shipped Condensate (potentially hazardous waste that
may exhibit the characteristics of toxicity, such
as arsenic, benzene, methyl ethyl ketone, and
pyridine [D004, D018, D035, and D038], and
of ignitability [D001]).

Landfill leachate (potentially hazardous waste
that may exhibit the characteristic of toxicity,
such as benzene [D018], and of ignitability
[D001]).3

Quantity of Waste Material to be shipped Chiquita is currently anticipating that up to 2
truckloads of liquid (approximately 10,000
gallons total) would be transported offsite to
Aragonite each day. The limited amount of
condensate wastes described herein will be
transported offsite to Aragonite first, in two
truckloads on February 26 and one truckload on
February 27 (the second truckload on February
27 would consist of landfill leachate).
Thereafter, the offsite shipments of 2 truckloads
per day to Aragonite will consist of landfill
leachate.

Schedule for the shipment The first shipment of 2 truckloads to the
Aragonite facility is anticipated to leave the
Landfill on Monday, February 26, 2024, with 2
more truckloads per day through Friday March
1. The schedule for truck shipments beyond that
time will vary depending on the amount of
material that has been sampled and is ready to
be moved offsite. The anticipated travel time
from the Landfill to the Aragonite facility is one
day.

3 All of these waste codes may not be potentially applicable to all leachate waste streams, and only a subset
of these codes may apply to leachate from a particular tank farm area.
February 26, 2024
Page 4 of 4

29201 Henry Mayo Drive | Castaic, California 91384
www.chiquitacanyon.com
Method of transportation As discussed above, leachate will be
transported by on-road trucks.

Please contact me if you have any questions concerning this notice.

Regards,

Steve Cassulo
District Manager
Chiquita Canyon, LLC

cc: Ken Habaradas, Los Angeles County Department of Public Health
Robert Ragland, Los Angeles County Department of Public Health
Liza Frias, Los Angeles County Department of Public Health
Nichole Quick, M.D., Los Angeles County Department of Public Health
Shikari Nakagawa-Ota, Los Angeles County Department of Public Health
Karen Gork, Los Angeles County LEA
Eric Morofuji, Los Angeles County LEA
Renee Jensen, LEA Counsel
Blaine McPhillips, Senior Deputy County Counsel
Emiko Thompson, Los Angeles County Public Works
Alex Garcia, Los Angeles County Department of Regional Planning
Ai-Viet Huynh, Los Angeles County Department of Regional Planning
Wes Mindermann, CalRecycle
Todd Thalhamer, CalRecycle
Janelle Heinzler, CalRecycle
Jeff Lindberg, California Air Recourses Board
Vanessa Aguila, California Air Resources Board
Jack Cheng, South Coast Air Quality Management District
Larry Israel, South Coast Air Quality Management District
Douglas Cross, Los Angeles Regional Water Quality Control Board
Thanne Berg, United States Environmental Protection Agency
Dylan Clark, Department of Toxic Substances Control
Los Angeles County Certified Unified Program Agency

UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY
REGION IX

____________________________________
)
IN THE MATTER OF: )
)
Chiquita Canyon, LLC )
) UNILATERAL ADMINISTRATIVE
) ORDER
)
RESPONDENT ) EPA DOCKET NO.
) RCRA 7003-09-2024-0001 and
Proceeding under Section 7003 of the ) CERCLA 106-09-2024-05
Resource Conservation and Recovery Act, )
as amended, 42 U.S.C. Section 6900, et seq.,)
and Section 106(a) of the Comprehensive )
Environmental Response, Compensation, )
and Liability Act, 42 U.S.C. Section 9601 )
et seq. )
____________________________________)

I. INTRODUCTION
1. This Unilateral Administrative Order (“UAO”) is issued by the United States
Environmental Protection Agency, Region IX (“EPA”) to Chiquita Canyon, LLC, dba
Chiquita Canyon Landfill (“CCL” or “Respondent”). This UAO provides for the
performance of response actions to address off -Site impacts and ongoing subsurface
reactions causing off-Site impacts, including any additional work that maybe required by
Section XXIV (Additional Work) of this UAO, by Respondent in connection with the
property located at 29201 Henry May Drive in Castaic, California (the “Site”). In issuing
this UAO, EPA intends for Respondent to identify, investigate, remedy, and/or prevent
the potential endangerment to human health or the environment from activities
involving solid and hazardous waste, and to ensure that the Work ordered by EPA is
designed and implemented to protect human health or the environment. Respondent
shall finance and perform the Work in accordance with this UAO, plans, standards,
specifications and schedules set forth in this UAO or developed by Respondent and
approved by EPA pursuant to this UAO.
2. EPA has determined that Respondent has contributed or is contributing to the past or
present handling, storage, treatment, transportation or disposal of solid and
hazardous waste that may present an imminent and substantial endangerment to
health or the environment.
3. EPA has notified the State of California of this action pursuant to the Resource
Conservation and Recovery Act (also known as the Solid Waste Disposal Act), as
amended, 42 U.S.C. §§ 6901, et seq. (RCRA), Section 7003(a), 42 U.S.C. § 6973(a), and
the Comprehensive Environmental Response, Compensation, and Liability Act of 1980,
as amended, 42 U.S.C. §§ 9601, et seq. (CERCLA), Section 106(a), 42 U.S.C. § 9606(a).
II. JURISDICTION
4. This UAO is issued under the authority vested in the Administrator of EPA by Section
7003 of RCRA, 42 U.S.C. § 6973, which authority has been delegated to the Regional
Administrators of EPA by Delegation 8-22 (January 18, 2017), and redelegated to the
Director of the Enforcement and Compliance Assurance Division of EPA Region IX by
Delegation R9 8-22 (March 8, 2017). This UAO is also issued under the authority vested
in the President of the United States by Section 106(a) of CERCLA, 42 U.S.C. § 9606(a),
which authority has been delegated to the Administrator of the EPA by Executive Order
No. 12580, 52 Fed. Reg. 2923 (Jan. 23, 1987), further delegated to the Regional
Administrators of EPA by Delegations 14-14A (January 31, 2017) and 14-14B (January 18,
2017), and redelegated to the Director of the Superfund and Emergency Management
Division of EPA Region IX by Delegation R9 14-14A and 14-14B (May 9, 2018 and May 1,
2019).

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III. PARTIES BOUND
5. This UAO shall apply to and be binding on Respondent and Respondent’s officers,
directors, employees, agents, successors, assigns, heirs, trustees, receivers, and on all
persons, including, but not limited to, contractors and consultants, acting on behalf of
Respondent, as well as on subsequent purchasers of the Site. Any change in the
ownership or corporate status of Respondent, including, but not limited to, any transfer
of assets or real or personal property, shall not alter Respondent ’s responsibilities under
this UAO.
6. Respondent shall provide a copy of this UAO to any subsequent owners or successors
before a controlling interest in ownership rights, stock, assets or the Site is transferred.
Respondent shall be responsible for, and liable for, completing all of the activities
required pursuant to this UAO, regardless of whether there has been a transfer of
ownership or control of the Site or whether said activities are to be performed by
employees, agents, contractors, subcontractors, laboratories, or consultants of
Respondent. Respondent shall provide a copy of this UAO within seven (7) days of the
Effective Date, or the date that such services are retained, to all contractors,
subcontractors, laboratories, and consultants that are retained to conduct or monitor
any portion of the Work performed pursuant to this UAO. Respondent shall condition
all contracts or agreements with contractors, subcontractors, laboratories or
consultants in connection with this UAO, on compliance with the terms of this UAO.
Respondent shall ensure that their respective contractors, subcontractors,
laboratories, and consultants comply with this UAO.
7. Not later than sixty (60) days prior to any voluntary transfer by Respondent of any
interest in the Site or the operation of the facility, Respondent shall notify EPA of the
proposed transfer. In the case of a voluntary transfer through a bankruptcy,
Respondent shall notify EPA within twenty-four (24) hours of the decision to transfer
property. Respondent shall notify EPA of any involuntary transfers immediately on
Respondent’s initial receipt of notice of any involuntary transfer. Not later than three
(3) days after any transfer, Respondent shall submit copies of the transfer documents
to EPA.
IV. DEFINITIONS
8. Unless otherwise expressly provided herein, terms used in this UAO that are defined in
RCRA or CERCLA shall have the meaning assigned to them in the applicable statute.
Whenever the terms listed below are used in this UAO the following definitions apply:
“CalRecycle” shall mean California’s Department of Resources Recy cling and
Recovery.
“CCR” means the California Code of Regulations.

4

“CERCLA” shall mean the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended, 42 U.S.C. §§ 9601, et seq.
“Clean Air Act” shall mean the Clean Air Act, as amended, 42 U.S.C. §§ 7401, et
seq.
“Day” or “day” shall mean a calendar day unless expressly stated otherwise. In
computing any period of time under this UAO, where the last day would fall on a
Saturday, Sunday, or federal or State holiday, the period shall run until the close
of business on the next working day.
“DTSC” shall mean California’s Department of Toxic Substances Control.
“Effective Date” shall be the effective date of this UAO pursuant to Section XXVII
(Effective Date).
“EPA” shall mean the United States Environmental Protection Agency and its
successor departments, agencies, or instrumentalities.
“LEA” shall mean the Los Angeles County Department of Public Health, Solid
Waste Management Program , certified to act as the Local Enforcement
Agency by CalRecycle .
“NCP” shall mean the National Oil and Hazardous Substances Pollution
Contingency Plan promulgated pursuant to Section 105 of CERCLA, 42 U.S.C.
§ 9605, codified at 40 C.F.R. Part 300, and any amendments thereto.
“Paragraph” shall mean a portion of this UAO identified by an Arabic numeral or
an upper or lower case letter.
“Parties” shall mean EPA and Respondent.
“RCRA” shall mean the Resource Conservation and Recovery Act (also known as
the Solid Waste Disposal Act), as amended, 42 U.S.C. §§ 6901, et seq.
“Regulatory Agencies” shall mean EPA, LEA, CalRecycle, California’s South Coast
Air Quality Management District , Los Angeles Regional Water Quality Control
Board, DTSC, and any successor departments or agencies of these entities.
“Respondent” shall mean Chiquita Canyon, LLC.
“RWQCB” shall mean the Los Angeles Regional Water Quality Control Board.
“Section” shall mean a portion of this UAO identified by a Roman numeral.
“Site” shall mean the facility located at 29201 Henry May Drive, in Castaic,

5

California (91384).
“South Coast AQMD” shall mean California’s South Coast Air Quality
Management District.
“State” shall mean the State of California.
“United States” shall mean the United States of America and each department,
agency, and instrumentality of the United States, including EPA.
“Waste Material” shall mean (a) any “hazardous substance” under Section
101(14) of CERCLA, 42 U.S.C. § 9601(14); (b) any pollutant or contaminant under
Section 101(33) of CERCLA, 42 U.S.C. § 9601(33); (c) any “solid waste” under
Section 1004(27) of RCRA, 42 U.S.C. § 6903(27); and (d) any “hazardous waste”
under California Health & Safety Code, Division 20, Chapter 6.5 (Hazardous
Waste Control Law), Section 25117 and Title 22 of the California Code of
Regulations (22 CCR), Section 66261.3.
“Work” shall mean all the activities and requirements Respondent is
required to perform under this UAO, except those required by Section XVI
(Record Retention).
“Work Plan(s)” shall mean the Master Work Plan and/or the work plans
incorporated therein .
V. FINDINGS OF FACT
9. Operation of the Landfill.
a. CCL is registered as a limited liability company in the State of Delaware. CCL is a
subsidiary of Waste Connections US, Inc., which is registered as a corporation in
the State of Delaware. Waste Connections US, Inc. is a subsidiary of Waste
Connections, Inc., which is registered as a business corporation in Ontario,
Canada.
b. CCL operates a Class III non-hazardous municipal solid waste landfill (“Landfill”)
located on the Site in the northern portion of the County of Los Angeles. The
County of Los Angeles Department of Regional Planning regulates the Landfill
under a conditional use permit. The 639-acre Landfill property was first
approved for waste disposal in 1967. It has been in use as a landfill since 1972.
The property has continued to be used and operated as a landfill under a series
of conditional use permits issued by the County of Los Angeles. CCL was most
recently granted a renewed conditional use permit in 2017 (as renewed and/or
amended from time to time, “CUP”) to allow continued operations and
expansion of the Landfill.

6

c. CCL is permitted to accept non-hazardous solid waste for disposal, including
municipal solid waste, green waste for composting or recycling, construction and
demolition debris, and e-waste for recycling. CCL is prohibited from accepting
hazardous waste that is ignitable, corrosive, reactive, or toxic. CCL is also
prohibited from accepting biohazardous waste, household hazardous waste,
radioactive materials, incinerator ash, sludge, automobile shredder waste, and
liquid waste.
d. Per the CUP, CCL is permitted to dispose of up to 12,000 tons of municipal solid
waste per day at the Landfill. Under a Solid Waste Facility Permit issued on
October 19, 2018, by the LEA with CalRecycle’s concurrence, non-hazardous
mixed organics material for composting shall not exceed 560 tons per day and
any combination of non-hazardous waste, beneficial reuse material and
composting green material shall not exceed 12,000 tons per day or 60,000 tons
per week. The CUP permits disposal of a maximum of 2,800,000 tons of
municipal solid waste per year through December 2024, at which time the
Landfill’s maximum annual capacity will reduce to 1,800,000 tons. The average
daily tonnage of municipal solid waste disposed in the Landfill in 2021 was
reported to be 6,412 tons.
e. At the Landfill, CCL operates a landfill gas collection and control system that
includes vertical and horizonal gas collection wells and associated piping and
trenches, multiple collection headers and blowers for venting landfill gas, a
landfill gas treatment system, a condensate/leachate collection and storage
system and flares that combust landfill gas. South Coast AQMD has issued
permits for CCL’s operation pursuant to South Coast AQMD Rules 201, 203,
1150.1, and 3002, including permits for CCL’s landfill gas collection system,
landfill gas treatment system, landfill gas condensate/leachate collection and
storage system, two (2) portable diesel engines driving tippers, nine (9) portable
diesel engines driving fans, and the landfill gas flare systems. South Coast AQMD
permits also require CCL to comply with the federal rules and regulations,
including the National Emissions Standards for Hazardous Air Pollutants at 40
C.F.R. Part 63, Subpart AAAA, the New Source Performance Standards at 40
C.F.R. Part 60, Subpart XXX and the Clean Air Act Title V permitting program. The
Title V permitting program is a comprehensive stationary source operating
permit program that implements Title V of the federal Clean Air Act by issuance
of operating permits pursuant to 40 C.F.R. Parts 70 and 71.
10. Reaction Event and Effects.
a. In May 2022, conditions at the Landfill began deteriorating in an area
approximately thirty (30) acres in size, located in the north-western portion of
the Landfill (the “Reaction Area”). See Attachment A, Map of Landfill.

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b. Based on CalRecycle’s review of the Landfill data, the Landfill sustained the
following conditions from around May 2022 through mid-October 2023:1
(1) Landfill cover integrity issues;
(2) Increased temperatures and pressures in the landfill gas control systems
and waste mass;
(3) Oxygen intrusion above 5% by volume;
(4) Landfill gas temperatures over 170°F;
(5) Landfill subsurface temperatures over 195°F;
(6) Decreased methane production;
(7) Elevated carbon monoxide concentrations exceeding 1000 parts per
million volume;
(8) Unusual landfill settlement;
(9) Damaged gas wells;
(10) Poor gas well performance in and around the Reaction Area ; and
(11) The heating/smoldering event expanding in size and intensity.
c. On October 16, 2023, CalRecycle concluded, “The conditions at the [L]andfill are
causing additional gas pressure, noxious odors, elevated well and leachate
temperatures, and damage to the gas extraction system at the [L]andfill.”2
d. EPA also confirmed from its review of the Landfill data provided by CCL on
January 26, 2024, in response to EPA’s December 28, 2023, request for
information, that the Landfill has sustained the following conditions:
(1) Landfill gas collection system well temperatures above 145°F at multiple
wells, from January 2022 through December 2023, and likely ongoing;
and
(2) Increased leachate production at the Site from 151,187 gallons per week
in January 2022 to 1,014,532 gallons per week in December 2023.

1 Letter from CalRecycle to LEA, dated October 16, 2023, regarding Review of the Odor Incident at Chiquita Canyon
Landfill (19-AA-0052) (the “CalRecycle October 2023 Letter.”)
2 CalRecycle October 2023 Letter at 17.

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e. During on-Site visits on November 2, 2023, November 8, 2023, January 9, 2024,
and January 18, 2024, EPA observed the following ongoing conditions at the
Landfill:
(1) Sour odors throughout the Reaction Area;
(2) Settlement of the Landfill surface about twenty (20) to thirty (30) feet
below the previous grade;
(3) Leachate flowing out of the base of the Landfill on the northwestern side
of the Reaction Area;
(4) Leachate bubbling out of the surface of the Landfill on the northern base
of the Landfill next to the perimeter road;
(5) Leachate seeping out of the northside of the Landfill at a different
location;
(6) Repairs to a Landfill well system to prevent imminent failure of the well
and pressurized leachate condensate and steam ejecting from the well
during such repairs;
(7) Cover integrity issues creating areas of exposed trash and exceedances
measured during surface emissions monitoring;
(8) Standing liquid, appearing dark and with small, discrete bubbling,
ponding above the scrim on the French drain; and
(9) Landfill gas pockets, or ballooning , and gas bubbles occurring underneath
and above the scrim, respectively.
f. During on-Site monitoring on November 8, 2023, and January 9, 2024, EPA
conducted surface emissions monitoring s under EPA Method 21,
“Determination of Volatile Organic Compound Leaks” (2017), using hydrocarbon
detection instruments to measure methane as a surrogate for hazardous air
pollutants to evaluate compliance with the National Emissions Standards for
Hazardous Air Pollutants: Municipal Solid Waste Landfills, § 63.1958, which
requires operators of municipal solid waste landfills to operate a gas collection
system so that the methane concentration is less than 500 parts per million
above background at the surface of the landfill. The surface emissions
monitoring detected exceedances of the limit of 500 parts per million of
methane under 40 C.F.R. § 63.1958, both inside and outside the Reaction Area,
including:

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(1) Surface emissions concentrations of methane in excess of 500 parts per
million at thirteen (13) out of thirty (30) wells sampled in the Reaction
Area; and
(2) Surface emissions concentrations of methane in excess of 500 parts per
million at fifty (50) unique locations on the Landfill, both inside and
outside the Reaction Area.
g. As of January 17, 2024, the Reaction Area was located approximately 1,000 feet
from the nearest resident.
11. Complaints, Violations and Endangerment Due to Noxious Odors .
a. In the spring of 2023, CCL experienced a significant increase in the number of
odor complaints it received in connection with the Landfill. In 2023, South Coast
AQMD received almost 6,800 complaints of odors from the public, particularly
members of the public located in the communities of Val Verde, Hasley Canyon,
Hillcrest, Williams Ranch, North Bluffs, Hasley Hills and Live Oak, in California ,
with numerous complaints alleging CCL as the source.3 The complaints describe
various odors but primarily describe landfill gas and other non-trash odors.
b. A majority of the complaints were received from individuals reporting from the
community of Val Verde, which lies northwest and immediately adjacent to the
Landfill, and the community of Castaic Junction, which lies northeast of the
Landfill.
c. South Coast AQMD inspectors investigated the complaints – by verifying odors
with complainants and tracing them back to CCL – and confirmed CCL as the
source of the odors on numerous occasions. On May 18, 2023, South Coast
AQMD issued a Notice of Violation (“NOV”) to CCL for public nuisance in
violation of South Coast AQMD Rule 402 and California Health and Safety Code
(CA H&S) Section 41700. Between April and December 31, 2023, South Coast
AQMD issued 107 NOVs to CCL for public nuisance under South Coast AQMD’s
Rule 402 and CA H&S Section 41700.
d. CalRecycle also determined that odors were attributable to the reaction
occurring at the Landfill. CalRecycle reported on October 16, 2023, that “the
landfill gas generated in and around the reaction settlement area has exceeded
the designed gas generation flow rate and caused increased emissions and
odors.”4

3 These complaints appear in the Summary of Complaints Alleging Chiquita Landfill as Source from January 1, 2023,
through December 31, 2023, prepared by South Coast AQMD (the “2023 Complaints Summary.”)
4 CalRecycle October 2023 Letter at 17.

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e. The complaints filed reflect that the public has suffered impacts due to the
noxious odors, including reports of eye irritation, nosebleeds, tinnitus, nausea,
migraines, vomiting, vertigo, respiratory symptoms, cardiac issues, and skin
issues. Various members of the public reported that they are unable to have
their children play outside in the yard, walk their pets, or exercise outdoors, due
to odors from the Landfill. Noxious odors were reported by concerned parents,
teachers, staff and students at schools as near as approximately 1.7 miles, and as
far as approximately 5.0 miles, from the Landfill, including at Headstart
Preschool in Val Verde, Playmakers Preschool in Castaic, Santa Clarita Valley
International Elementary School in Castaic, Live Oak Elementary School in
Castaic, Castaic Elementary School in Castaic, Castaic High School in Castaic, Rio
Vista Elementary School in Canyon Country, West Ranch High School in
Stevenson Ranch, and Valencia High School in Valencia.5 One parent in Castaic
reported that it was “literally difficult to even walk to the car to take [the] kids to
school.”6
f. CCL maintains several air monitoring stations around the Landfill perimeter and
within the nearest residential community. Pursuant to the CUP issued by the
County of Los Angeles Department of Regional Planning, CCL’s monitoring
stations continuously monitor for hydrogen sulfide (“H2S”) and particulate
matter (“PM”) concentrations. CCL’s H2S monitors in the community showed the
presence of H2S in excess of 30 parts per billion from November 2022 through
2023.7
g. Since mid-2023, CCL has also regularly collected grab samples and 24-hour
samples for various compounds at the air monitoring sites in the community.8
Several of CCL’s 24-hour and grab samples showed above-background
concentrations of benzene, exceeding 1 part per billion.9 One 24-hour sample in
the community showed the presence of benzene in excess of 8 parts per
billion.10

5 See 2023 Complaints Summary.
6 Complaint was filed on September 15, 2023. See 2023 Complaints Summary.
7 Graph prepared by South Coast AQMD from Respondent’s sampling data from continuous air monitors in the
community surrounding the Landfill, included as Petitioner’s Exhibit 29 to Proposed Findings and Decision for a
Modified Stipulated Order for Abatement, In the Matter of South Coast Air Quality Management District vs.
Chiquita Canyon, LLC, Case No. 6177 -4, before the Hearing Board of the South Coast Air Quality Management
District (“Proposed Modified AO.”)
8 Atmospheric Analysis & Consulting, Inc. report analyzing selected grab and 24-hour samples from the community
surrounding the Landfill, sampled by Respondent, included as Petitioner’s Exhibit 30 to the Proposed Modified AO
(“Community Grab and 24-hour Samples Lab Report.”)
9 See sampling data from September 5, 2023, October 10, 2023, October 17, 2023, November 7, 2023, November
21, 2023, and December 5, 2023, respectively, in the Community Grab and 24-hour Samples Lab Report.
10 See sampling data from November 7, 2023, in the Community Grab and 24-hour Samples Lab Report.

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h. On September 1, 2023, September 19, 2023, October 25, 2023, November 28,
2023, and December 19, 2023, respectively, the LEA conducted inspections at
the Landfill. The LEA inspector observed on each of these occasions that the
methane gas concentrations at perimeter monitoring wells were above five
percent (5%) by volume in air. The LEA issued violations to CCL for non-
compliance with gas monitoring and control requirements under Title 27 of the
California Code of Regulations (27 CCR), Section 20921(a).
i. On September 7, 2023, the South Coast AQMD Hearing Board issued a Stipulated
Abatement Order (the “Stipulated Abatement Order”) requiring, among other
things, investigation and mitigation of odors, investigation of the Reaction Area,
expansion of the landfill gas well and collection system, increased flaring,
improvements to the cover of the Landfill, and a health study. Despite these
efforts, noxious odors have continued to impact the communities surrounding
the Landfill. South Coast AQMD has issued at least fifty-three (53) NOVs to CCL,
based on the continuous noxious odors emanating from the Landfill since
September 7, 2023.
j. On January 17, 2024, the South Coast AQMD Hearing Board approved
modifications to the Stipulated Abatement Order to address issues relating to
the Landfill’s leachate collection system and other conditions resulting in
increased emissions by, among other things, requiring expanded air monitoring
and sampling in the surrounding community.11 The South Coast AQMD AO states
that the odor complaints received by the agency included “odor descriptions of
both trash and landfill gas, but [South Coast AQMD] and [CCL] believe that all
odors complained of related to landfill gas, leachate, and associated surface
emissions rather than trash or the working face.”12 South Coast AQMD asserted,
“the ongoing subsurface reaction is the source of the odor complaints received
from the public, and the root cause of an ongoing public nuisance.”13
k. On February 7, 2024, Roux Associates, Inc. (“Roux”) issued a community air
sampling and health risk report prepared on behalf of Los Angeles County for the
investigation of outdoor air quality and the evaluation of potential health risks to
residents of the communities surrounding the Landfill.14 From its independent
review of existing continuous air monitoring data for the Landfill, Roux observed
that ambient air levels for H2S in the communities surrounding the Landfill

11 Findings and Decision for a Modified Stipulated Order for Abatement, In The Matter of South Coast Air Quality
Management District vs. Chiquita Canyon, LLC, Case No. 6177-4, Before the Hearing Board of the South Coast Air
Quality Management District (“South Coast AQMD AO.”)
12 South Coast AQMD AO at 4.
13 South Coast AQMD AO at 4.
14 Roux Associates, Inc., “Community Air Sampling and Health Screening Evaluation Report: Val Verde and Castaic
Communities, Los Angeles County, California,” (February 7, 2024) (“Public Health Report.”)

12

periodically exceeded the California Environmental Protection Agency’s Office of
Environmental Health Hazard Assessment acute and chronic recommended
limits for H2S of 0.03 ppm and 0.007 ppm, respectively. Roux explained, “H2S
can be an irritant to the eyes, nose, or throat, and can impact the neurological
and respiratory systems. [Agency for Toxic Substances and Disease Registry]
notes the most common symptoms following exposure to odorants include
headaches, nasal congestion, eye, nose and throat irritation, hoarseness/sore
throat, cough, chest tightness, shortness of breath, wheezing, heart palpitations,
nausea, drowsiness and mental depression.”15
12. Complaints, Violations and Endangerment Due to Leachate and Leachate Condensate .
a. Landfill leachate is formed when rainwater or other liquid filters through or
drains from wastes placed in a landfill. When this liquid comes in contact with
buried wastes, it leaches, or draws out, chemicals or constituents from those
wastes. Condensate is the liquid generated as a result of the gas collection and
recovery process.
b. On September 19, 2023, October 25, 2023, and November 28, 2023,
respectively, the LEA conducted inspections at the Landfill. The inspector
observed on each of these occasions that leachate was leaking through slopes
and pooling around gas wells in the upper northwestern to western areas of the
Landfill. In November 2023, the inspector also observed that leachate was
flowing and pooling on top of the installed scrim cover located on the west -
facing Reaction Area slopes. The LEA issued violations to CCL for non-compliance
with leachate control requirements under 27 CCR § 20790.
c. On October 3, 2023, the RWQCB conducted an inspection of the Landfill and
observed “a leachate seep in the north-western portion of the Main Canyon of
the Landfill that flowed from the edge of the Landfill to a concrete V -ditch. The
V-ditch widens to a flat-bottomed ditch on its course to the stormwater debris
basin at the front of the Landfill.”16
d. On October 17, 2023, the LEA stated in a letter to CCL that the conditions
observed at the Landfill “are serious issues and have likely caused the many
violations cited by the [South Coast AQMD] investigations this year,” and that
“the CalRecycle analysis presents compelling evidence that the CCL needs to act
promptly to address the current conditions for the protection of public health

15 Public Health Report at 2.
16 Letter from RWQCB to Respondent, dated November 22, 2023, regarding Notice of Violation of Waste Discharge
Requirements – Chiquita Canyon Landfill, Castaic, California (File No. 67-020, Order No. R4-2018-0172, Geotracker
Global ID. L10003464243) (“RWQCB November 2023 NOV.”)

13

and the environment.”17 The LEA cautioned, with respect to CCL’s landfill gas
control, emission, odor, and leachate issues, “[i]f prompt steps are not taken, the
condition is likely to worsen, and may threaten the integrity of the landfill,
thereby compromising the landfill cover.”18 The LEA expected CCL to complete
various corrective and mitigation actions, including sampling of the leachate for
benzene and other volatile organic compounds, as “past incidents similar to
Chiquita Canyon . . . have shown that heating event increases the level of
[volatile organic compounds] in the leachate.”19
e. On November 2, 2023, representatives from the Regulatory Agencies performed
a joint inspection at the Landfill. The Regulatory Agencies observed multiple new
leachate outbreaks, as well as stability issues with leachate-saturated slopes and
waste. They also observed continuing issues with high temperatures, landfill gas
collection, excessive leachate production, and unusual and large-scale
settlement. A portion of the Reaction Area had settled as much as twenty -five
(25) to thirty (30) feet since 2022. From July 2023 to September 2023, the
Reaction Area had expanded in all directions, most notably to the north and
west, to an approximate size of thirty (30) to thirty-five (35) acres.
f. During the November 2, 2023, joint inspection by the Regulatory Agencies, the
RWQCB observed that the leachate seep into the concrete V-ditch to a flat-
bottomed ditch on its course to the stormwater debris basin at the front of the
Landfill was continuing. The RWQCB reported that CCL was pumping leachate
into tanker trucks for off-Site disposal. Further, on November 8, 2023, EPA and
South Coast AQMD inspectors observed that uncontrolled leachate condensate
was spewing out of gas extraction wellheads twelve (12) to eighteen (18) feet
into the air, due to the increased temperatures and pressure within the Reaction
Area.
g. Based on the findings from the joint inspection on November 2, 2023, and the
LEA inspection on November 28, 2023, the LEA issued a violation to CCL for
deteriorated conditions in the Reaction Area and for non-compliance with
preventive maintenance program requirements under 27 CCR § 20750.
h. On November 21, 2023, the LEA issued a letter to CCL requiring CCL to address
the ongoing and uncontrolled reactions at the Landfill.20 The LEA determined
that it was “unlikely that CCL’s current mitigation measures will be sufficient to

17 Letter from the LEA to Respondent, dated October 17, 2023, regarding Chiquita Canyon Landfill (SWIS No. 19-
AA-0052) CalRecycle Review of the Ongoing Order Incident at Chiquita Canyon Landfill (“LEA October 2023
Letter.”)
18 LEA October 2023 Letter at 2.
19 LEA October 2023 Letter at 3.
20 Letter from the LEA to Respondent, dated November 21, 2023, regarding Chiquita Canyon Landfill (SWIS No. 19-
AA-0052) CalRecycle’s Review of Conditions at the Landfill Response Letter (“LEA November 2023 Letter.”)

14

control and contain the reaction, which is expanding toward other areas of the
[L]andfill.”21 The letter requires, among other actions: the installation of
temperature monitoring devices to determine the intensity, depth, and direction
of the reaction; the development of a plan and constructing a soil barrier
between the reaction and operational areas; the placement and compacting of a
minimum cover of 24 inches of 1 X 10-6 low permeability soil in and around the
reaction settlement area and any well showing signs of reaction; the
development of a written plan to document and track fissures, settlement, and
tension cracks in the soil cover; the performance of a slope stability analysis of
the western slope near the leachate outbreak; and the collection of temperature
readings in and around the Reaction Area to meet the manufacturer’s
temperature design specifications to ensure the French drain installed by CCL
does not fail due to the elevated temperature of the leachate.
i. On November 22, 2023, the RWQCB issued a NOV to CCL, noting that CCL failed
to continuously protect and maintain leachate and landfill-gas condensate
containment systems to ensure their effectiveness and to prevent commingling
of leachate and gas condensate with surface water run-on and run-off. The
RWQCB observed that the “conditions in the area of the leachate seep at the
Landfill are not adequate to prevent the commingling of leachate and gas
condensate with surface water run-on and run-off during a rain event.”22 The
RWQCB also cited CCL for failing to report the leachate seepage to the RWQCB
upon discovery.
j. CCL acknowledged that leachate seepage occurred on the western slope of the
Landfill from April through November 2023, and was present in levels that
reached the stormwater channel on the western slope and intermittently on the
northern slope of the Landfill.
k. Benzene is an EPA Hazardous Waste (No. D018) with a Toxicity Characteristic
Leaching Procedure (“TCLP”) regulatory level of 0.5 mg/L.
l. Benzene causes harmful effects on the bone marrow and can cause a decrease in
red blood cells, leading to anemia. It can also cause excessive bleeding and can
affect the immune system, increasing the chance for infection. The United States
Department of Health and Human Services has determined that benzene causes
cancer in humans. Long-term exposure to high levels of benzene in the air can
cause leukemia, cancer of the blood-forming organs.
m. On December 12, 2023, DTSC and EPA performed an inspection of the Reaction
Area and collected samples of the uncontrolled leachate condensate waste from

21 LEA November 2023 Letter at 2.
22 RWQCB November 2023 NOV at 2.

15

the gas extraction wellheads.23 The temperature of the leachate was as high as
180°F. There were TCLP exceedances for benzene in the samples, as high as 0.59
mg/L and 0.91 mg/L.24 CCL reported test results of the split samples of the
leachate condensate provided to CCL from DTSC during the inspection with TCLP
exceedances for benzene of 0.59 mg/L, 1.2 mg/L and 2.9 mg/L.25
n. CCL’s test results from various samples contained evidence of TCLP exceedances
for benzene in condensate samples taken as early as August 2023.26
o. CCL has been transporting leachate from the Landfill to multiple facilities for off-
Site disposal, including Avalon Premium Tank Cleaning (“Avalon”) and Patriot
Environmental Services (“Patriot”).
p. On December 27, 2023, Avalon sampled the leachate from a tanker truck
delivering leachate from the Landfill and found that the leachate had a TCLP
exceedance for benzene of 0.538 mg/L.27
q. On January 25, 2024, CCL issued a letter to Avalon to inform it of “three recent
laboratory tests on discrete samples of the leachate generated at the Chiquita
Canyon Landfill, some of which may have been sent to [the] facility for treatment
and subsequent disposal,” which “three tests indicated somewhat elevated
levels of [benzene].”28 CCL reported that grabs samples taken from the location
where the vacuum trucks connect to a set of tanks at the Landfill on November
30, 2023, December 6, 2023, and December 27, 2023, had benzene
concentrations of 0.92 mg/L, 1.2 mg/L, and 0.538 mg/L, respectively. CCL
estimated that there could have been as many as seventy -six (76) truck-loads of
this contaminated liquid delivered to two facilities, including Avalon, over the
course of numerous days.
r. On January 26, 2024, CCL issued a letter to Patriot to inform it of “several
leachate loads sent to [the] facility between January 23 and January 25, 2024 ,
that may have contained somewhat elevated levels of benzene.”29 CCL reported

23 Environmental Chemistry laboratory results from DTSC sampling data (DTSC Case #15921) from site visit on
December 12, 2023 (“DTSC December Lab Report.”)
24 DTSC December Lab Report at 28.
25 Weck Laboratories, Inc., Certificate of Analysis Final Reports for samples taken by Respondent on December 13,
2023.
26 Weck Laboratories, Inc., Certificate of Analysis Final Reports for samples taken by Respondent on August 29,
2023, November 30, 2023 and December 6, 2023.
27 Enviro – Chem, Inc. Laboratory Report, dated January 4, 2024, prepared for Avalon, analyzing samples from
December 27, 2023.
28 Letter from Respondent to Avalon, dated January 25, 2024, regarding Notification of Leachate Analytical Results
from the Chiquita Canyon Landfill.
29 Letter from Respondent to Patriot, dated January 26, 2024, regarding Notification of Leachate Analytical Results

16

that a grab sample taken from the location where the vacuum trucks connect to
a set of tanks at the Landfill on January 23, 2024, had a benzene concentration of
0.65 mg/L. CCL advised that based on a review of its waste manifests, at least
eleven (11) truck-loads of this contaminated liquid had been sent to Patriot over
the course of three (3) days.
s. On February 15, 2024, DTSC issued violations to CCL related to CCL’s leachate
management and disposal including violations for failing to make a proper waste
determination, disposing of hazardous waste at an unauthorized point, causing
storage and treatment of hazardous waste at an unauthorized point, failing to
use a hazardous waste manifest, and failing to minimize the possibility of release
of hazardous waste or hazardous waste constituents.
13. Regulatory Agencies’ Response and Issuance of this UAO .
a. On November 30, 2023, a Multi-Agency Critical Action Team (“MCAT”) was
formed among the local, state, and federal regulatory agencies overseeing CCL
for the purpose of coordinating regulatory expertise, resources and legal
authorities to address the human health and environmental impacts caused by
the deteriorating conditions at the Landfill. All members of the MCAT were
notified of this UAO prior to issuance and were invited to share comments to,
and recommendations for, its contents. This UAO reflects the technical expertise
and subject-matter knowledge contributed by the MCAT through this
engagement process.
b. The actions required by this UAO, including financial assurances, may be
necessary to protect human health or the environment by mitigating the noxious
air emissions and properly handling, storing, treating and disposing of hazardous
leachate waste resulting from the deteriorated conditions in Reaction Area
within the Landfill. Such emissions and leachate emanating from the Landfill
could cause injury, detriment, nuisance, annoyance or endanger the comfort,
repose, health or safety of any persons or have a natural tendency to cause
injury or damage to the physical environment.
VI. CONCLUSIONS OF LAW AND DETERMINATIONS
14. Based on the Findings of Fact set forth above, and an administrative record supporting
this UAO, EPA has determined that:
a. Under RCRA:
(1) Respondent is a “person” as defined in Section 1004(15) of RCRA, 42

from the Chiquita Canyon Landfill.

17

U.S.C. § 6903(15).
(2) Contaminated soils, organic materials and other materials accepted for
disposal at the Site are each discarded material, and therefore are each a
“solid waste” as defined in Section 1004(27) of RCRA, 42 U.S.C. §
6903(27).
(3) Leachate and/or leachate condensate emanating from the Landfill near
or above the Reaction Area at the Site contains hazardous materials
including, but not limited to, benzene, and therefore is a “hazardous
waste” as defined in Section 1004(5) of RCRA, 42 U.S.C. § 6903(5).
(4) Imminent and Substantial Endangerment Under RCRA. The past and
present handling, storage, treatment and disposal of contaminated
materials and leachate may present an imminent and substantial
endangerment to human health or the environment within the meaning
of Section 7003(a) of RCRA, 42 U.S.C. § 6973(a).
(5) Respondent, as the operator of the Site, contributed and is contributing
to the handling, storage, treatment, and disposal of solid and hazardous
wastes from which air emissions and leachate waste streams are causing
a potential endangerment.
b. Under CERCLA:
(1) The Site is a “facility” as defined by Section 101(9) of CERCLA, 42 U.S.C. §
9601(9).
(2) Respondent is a “person” as defined in Section 101(21) of CERCLA, 42
U.S.C. § 9601(21).
(3) Respondent is a liability party under one or more provisions of Section
107(a) of CERCLA, 42 U.S.C. § 9607(a), including, but not limited to, the
following:
i. CCL is the “owner(s)” and/or “operator(s)” of the facility, as
defined by Section 101(20) of CERCLA, 42 U.S.C. § 9601(20), and
within the meaning of Section 107(a)(1) of CERCLA, 42 U.S.C. §
9607(a)(1).
(4) The leachate condensate, which tested to include elevated levels of
benzene, as identified in the Findings of Fact above, includes “hazardous
substances” as defined by Section 101(14) of CERCLA, 42 U.S.C. §
9601(14).

18

(5) The conditions described in the Findings of Fact above constitute an
actual and/or threatened “release” of a hazardous substance from the
facility as defined by Section 101(22) of CERCLA, 42 U.S.C. § 9601(22).
(6) The conditions at the Site may constitute a threat to public health or
welfare or the environment, based on the factors set forth in Section
300.415(b)(2) of the NCP. These factors include, but are not limited to,
the following:
i. actual or potential exposure to nearby human populations,
animals, or the food chain from hazardous substances. This factor
is present at the Site due to the existence of leachate and
leachate condensate emanating from the Landfill near or above
the Reaction Area at the Site containing hazardous materials,
including benzene with concentrations in excess of the TCLP
threshold. There are several potential pathways for individuals on
and off-Site to be exposed to hazardous substances, including, but
not limited to: the migration of air emissions, potential
contamination of the groundwater if the Reaction compromises
the Landfill lining, and threats to human health caused by disposal
of untreated hazardous waste leachate and/or leachate
condensate at off-Site receiving facilities; and
ii. hazardous substances in soils largely at or near the surface, that
may migrate. This factor is present at the Site due to the existence
of leachate and leachate condensate emanating from the Landfill
near or above the Reaction Area at the Site containing hazardous
materials including, but not limited to, benzene with
concentrations in excess of the TCLP threshold. The hazardous
leachate or condensate may discharge via stormwater run -off into
surface waters downstream and impair aquatic life and wildlife
uses of the Santa Clara River. Leachate has been observed seeping
into a concrete ditch on its course to the stormwater basin which
ultimately discharges to the Santa Clara River. Hazardous
substances may also migrate to and contaminate groundwater if
the Reaction compromises the Landfill lining.
(7) Imminent and Substantial Endangerment Under CERCLA. The conditions
described in the Findings of Fact above may constitute an imminent and
substantial endangerment to the public health or welfare or the
environment because of an actual or threatened release of a hazardous
substance from the facility within the meaning of Section 106(a) of
CERCLA, 42 U.S.C. § 9606(a). The actions required by this UAO are

19

necessary to protect human health or the environment.
VII. ORDER
15. Based on the administrative record for the Site and Section V (Findings of Fact) and
Section VI (Conclusions of Law and Determinations) set forth above, the following is
hereby ordered: Respondent shall comply with all provisions of this UAO, including, but
not limited to, any appendices to this UAO and all documents incorporated by reference
into this UAO.
16. Respondent shall finance and perform the Work in accordance with this UAO, plans,
standards, specifications and schedules set forth in this UAO or developed by
Respondent and approved by EPA pursuant to this UAO.

VIII. WORK TO BE PERFORMED
17. Selection of Contractors, Personnel. All Work performed under this UAO shall be under
the direction and supervision of qualified personnel. Within thirty (30) days after the
Effective Date, Respondent shall notify EPA in writing of the names, titles, addresses,
telephone numbers, email addresses, and qualifications of the personnel, including
contractors, subcontractors, consultants, and laboratories to be used in carrying out
such Work. If, after the commencement of the Work, Respondent retains additional
contractors or subcontractors, Respondent shall notify EPA of the names, titles, contact
information, and qualifications of such contractors or subcontractors retained to
perform the Work at least five (5) days prior to commencement of Work by such
additional contractors or subcontractors. EPA retains the right, at any time, to
disapprove of any or all of the contractors and/or subcontractors retained by
Respondent. If EPA disapproves of a selected contractor or subcontractor, Respondent
shall retain a different contractor or subcontractor and shall notify EPA of that
contractor’s or subcontractor’s name, title, contact information, and qualifications
within five (5) days after EPA’s disapproval. With respect to any proposed contractor,
Respondent shall demonstrate that the proposed contractor demonstrates compliance
with ASQ/ANSI E4:2014 “Quality management systems for environmental information
and technology programs – Requirements with guidance for use” (American Society for
Quality, February 2014), by submitting a copy of the proposed contractor ’s Quality
Management Plan (“QMP”). The QMP should be prepared in accordance with “EPA
Requirements for Quality Management Plans (QA/R-2)” (EPA/240/B-01/002, Reissued
May 2006) or equivalent documentation as determined by EPA. The qualifications of the
persons undertaking the Work for Respondent shall be subject to EPA ’s review for
verification based on objective assessment criteria (e.g., experience, capacity, technical
expertise) and that they do not have a conflict of interest with respect to the project.
18. Project Coordinator. Before, or within two (2) days of, the Effective Date of this UAO,
Respondent shall designate a Project Coordinator who shall be responsible for

20

administration of the Work required by this UAO. Respondent shall notify EPA in writing
within three (3) days of the Effective Date of this UAO of the name, address, phone
number, electronic mail address and qualifications of the Project Coordinator.
19. EPA will approve/disapprove of Respondent’s Project Coordinator (original or
replacement) based upon the person’s qualifications and ability to effectively perform
this role. The qualifications of the persons undertaking the Work for Respondent shall
be subject to EPA’s review, for verification that such persons meet minimum technical
background and experience requirements. All persons under the direction and
supervision of Respondent’s Project Coordinator must possess all necessary
professional licenses required by federal and state law.
20. EPA has designated the following individuals of the Regional Enforcement and
Compliance Assurance Division, as its Project Coordinator and Alternate Project
Coordinator (collectively, the “EPA Project Coordinators”). The EPA Project Coordinators
shall be responsible for overseeing the implementation of this UAO . EPA will notify
Respondent of a change of its designated EPA Project Coordinators. Communications
between Respondent and EPA, and all documents concerning the activities performed
pursuant to this UAO, shall be directed to the EPA Project Coordinators.
Tyler Holybee, Project Coordinator
Enforcement and Compliance Assurance Division (ENF-2-1)
U.S. Environmental Protection Agency, Region IX
75 Hawthorne Street
San Francisco, California 94105
[phone]
[e-mail]

Mark Anthony Relon, Alternate Project Coordinator
Enforcement and Compliance and Assurance Division (ENF-2-2)
U.S. Environmental Protection Agency, Region IX
75 Hawthorne Street
San Francisco, California 94105
[phone]
[e-mail]
The EPA Project Coordinators shall be EPA’s designated representatives for the Site.
Unless otherwise provided in this UAO, all reports, correspondence, notices, or other
submittals relating to or required under this UAO shall be in writing and shall be sent to
the EPA Project Coordinators at the address specified in this Paragraph 20, unless EPA
otherwise directs. Reports, correspondence, notices or other submittals shall be
delivered by electronic mail. All correspondence shall include a reference to the case
caption EPA Docket No. RCRA 7003-09-2024-0001 and CERCLA 106-09-2024-05.

21

21. Respondent shall undertake and complete all of the Work to the satisfaction of EPA,
pursuant to RCRA § 7003, 42 U.S.C. § 6973 and CERCLA § 106, 42 U.S.C. § 9606. All of
the Work performed under this UAO shall be under the direction and supervision of
Respondent’s Project Coordinator and shall be in accordance with the terms of this
UAO.
22. Response Action. Respondent shall perform, at a minimum, all actions necessary to
implement the Work required in this UAO, and the approved Work Plan(s). The required
actions to be implemented include, but are not limited to, the following:
a. Upon the Effective Date, Respondent shall immediately store, transport leachate
solid and/or hazardous waste only in accordance with RCRA, 42 U.S.C. Sections
6900, et seq., and associated regulations. All hazardous waste shall be
disposed of at a treatment, storage and disposal facility preapproved by EPA.
b. Within thirty (30) days of the Effective Date, Respondent shall provide to EPA a
master work plan (“Master Work Plan”), including an expeditious schedule to
meet, the following objectives: (1) remedy and prevent off-Site impacts caused
by odors, emissions, leachate or other waste streams; and (2) deploy measures
to delineate, fully characterize, prevent the expansion of, contain, and reduce
the smoldering or the subsurface reaction occurring at the Landfill. The Master
Work Plan shall incorporate all ongoing and planned activities to meet
environmental requirements and directives applicable to Respondent and the
Landfill pursuant to local, state, or federal laws, regulations, permits, orders or
agreements (each an “Environmental Obligation,” and collectively, the
“Environmental Obligations”), including, but not limited to, the requirements,
directives and activities identified by the Regulatory Agencies to manage waste
streams at the Site, to mitigate the migration of waste streams off-Site, and to
mitigate the harm caused by the subsurface reaction or smoldering. In no event
shall Respondent’s obligations under the Master Work Plan be less stringent
than Respondent’s obligations under any Environmental Obligation, and in no
event shall the provisions of the Master Work Plan conflict with the provisions of
any Environmental Obligation.
c. Without limiting the foregoing, the Master Work Plan shall incorporate the
following:
(1) A “Leachate Management Plan” that includes the following criteria or
components:
i. Standard operating procedures to identify leachate seeps and any
necessary repairs or improvements to the leachate collection
system;

22

ii. Process to adequately characterize leachate, condensate and all
waste streams that are potentially hazardous;
iii. Process to collect all leachate and remove it from the Site on a
daily basis or as often as necessary to reduce exposure of leachate
to the atmosphere at the Landfill to the greatest extent feasible,
and in any event so as to prevent standing leachate and the
pooling or ponding of leachate exposed to the atmosphere
throughout the facility;
iv. Operating procedures to store leachate on Site in a manner that
prevents leachate and leachate off-gas/VOC emissions/fumes
exposure to the atmosphere, including operating procedures to
route all collected gases to air emissions control equipment;
v. Operating procedures to transport waste streams to appropriate
locations for disposal at a facility. All waste streams characterized
as hazardous shall only be disposed of at a facility pre-approved
by the EPA and permitted to treat, store and dispose of hazardous
waste; and
vi. Operating procedures shall include obtaining any required
permit(s) from the appropriate local, state, or federal agency for
on-Site leachate management activities.
(2) A “Soil Reaction Break/Barrier Plan” that includes the following criteria or
components:
i. Installation of temperature monitoring devices with a telemetry
system to collect and record the temperature data necessary for
evaluating the intensity, depth, speed and direction of the
reaction;
ii. A set of criteria (e.g., what temperature thresholds at which
temperature probes that border the Reaction Area) that would
require installation of a soil reaction break between the reaction
and operational areas of the Landfill;
iii. Specifications of the depth, width, material, and location of the
containment trench (wall) based on temperature readings
collected by the temperature probe network;
iv. Specifications of the volume of the waste to be excavated to
install the soil reaction break between the reaction and

23

operational areas of the Landfill;
v. Procedures for characterization and disposal of waste displaced
by excavation;
vi. Procedure to cover the excavated area for the soil reaction break
at the end of shifts;
vii. Process to ensure that the soil reaction break is finished with 24
inches of 1 x10-6 low permeability soil;
viii. Construction time estimates to complete the soil reaction break;
and
ix. Provision for weekly updates for the soil reaction break
construction until fully completed.
(3) A “Cover Installation Plan” that includes the following criteria or
components:
i. Installation of a High-Density Polyethylene geomembrane with at
least thirty (30) mil thickness (“Geomembrane Cover”) to address
the inadequacy of the current cover in the reaction settlement
area resulting from the ongoing reaction;
ii. System and procedure to ensure that landfill gas (“LFG”) does not
accumulate under the Geomembrane Cover if the LFG collection
and control system is inoperative due to power outage, such as
through the use of a thermal oxidizer with its own power supply;
iii. System and procedure to prioritize LFG extraction from the
Reaction Area over other areas of the Landfill in order to prevent
the accumulation of LFG under the Geomembrane C over should
the LFG collection and control system lose vacuum;
iv. Timeline and provisions for weekly updates for the Geomembrane
Cover installation until fully completed;
v. Process to document and track fissures, settlement, and tension
cracks in the soil cover, including a photo log of the fissure
location including the length and severity and corrective action
taken and a weekly report to EPA by each Tuesday;
vi. Tracking and documentation of maintenance issues pertaining to
the Geomembrane Cover once any portion of the Geomembrane

24

Cover is installed. Notification to EPA of any structural issues that
arise with the Geomembrane Cover; and
vii. Processes to ensure the maximum possible collection and control
of LFG and associated odors from the Reaction Area and directly
adjacent areas where Reaction Area LFG may migrate to, and
minimization of fugitive emissions from the Geomembrane Cover
and LFG collection components.
(4) A “Slope Stability Analysis” work plan, subject to approval by the LEA, for
the western slope in the Reaction Area.
(5) Collection of temperature data in and around the Reaction Area to meet
the manufacturer’s temperature design specifications/recommendations
to ensure that the materials and parts used for mitigation activities do
not fail after installation due to elevated temperature of the leachate,
e.g., French drain.
(6) An “Air Monitoring Plan” that includes the following criteria or
components:
i. Installation and operation of air monitoring equipment on-Site
and off-Site and provision of access to monitoring data so as to
permit the Regulatory Agencies to identify transport of odors and
other emissions from the Landfill, identify techniques that may be
used to remedy potential odor impacts on the nearby community ,
and provide this data to inform the community in a timely
manner;
ii. Enhancement of current ambient air monitoring program to
include dimethyl sulfide and other constituents of landfill gas,
including sampling at or near residential properties where recent
odor complaints have been reported, sampling at on-Site
locations where odors are most pronounced, and completion of a
flux chamber study;
iii. Real-time continuous monitoring for particulate matter (“PM”)
2.5, PM10, and H2S recorded at monitoring stations at the fence-
line of the Landfill (e.g., monitors MS-01 through MS-05) and in
the community surrounding the Landfill (e.g., monitors MS-06
through MS-12);
iv. Real-time continuous monitoring for total reduced sulfur, and
toxic air contaminants recorded by enhanced monitors at the

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fence-line of the Landfill (e.g., monitor MS-04);
v. Installation and implementation of instruments capable of
measuring (i) hazardous substances, including Total Reduced
Sulfides, Hydrogen Sulfide and all Toxic Air Contaminants listed in
Table 1 of South Coast AQMD Rule 1150.1 and (ii) hourly
concentrations of volatile organic compounds with Site surface
emissions greater than (1) ton/year, including but not limited to,
MS-02, MS-05, MS-06, MS-07, MS-10, MS-11 and MS-12; and
vi. Requirement to make any continuous air monitoring data
available to the public in real-time by posting such data on a
dedicated webpage that shows a map of the location from which
such data was obtained and that includes a graph of the
measured pollutant(s) over time along with a depiction of any
applicable health-based threshold or standard for such
pollutant(s).
(7) An “Off-Site Migration Prevention Plan” to monitor and prevent off-Site
migration of leachate or other contaminants or pollutants which may
contaminate surface or subsurface water that includes the following
criteria or components:
i. Installation of wells in the alluvial aquifer downgradient of the
Reaction Area and sediment basins, sufficient to monitor potential
contamination of groundwater and interconnected surface
waters, and to identify and track subsurface migration of
contamination from the Landfill to groundwater or surface
waters, including to the Santa Clara River;
ii. Assessment and monitoring of the Landfill liner collection system
integrity in the Reaction Area using appropriate
indicators/surrogates; and
iii. Additional monitoring for leachate-related constituents in
stormwater runoff and maintenance of stormwater management
systems, including but not limited to stormwater practices to
prevent/minimize contact of leachate and stormwater, practices
to prevent discharge of leachate contaminated stormwater to the
unlined settlement basins to prevent groundwater contamination,
and practices to prevent off-Site discharge of leachate
contaminated stormwater.
23. The Work undertaken pursuant to this UAO shall be conducted in compliance with all

26

applicable EPA guidance, policies and procedures, and with this UAO, and is subject to
EPA approval. Pending approval of any Work Plan hereunder by EPA, Respondent shall
continue, and shall not delay due to the pending approval required by this UAO, any
ongoing and planned activities to meet environmental requirements and directives
applicable to Respondent and the Landfill pursuant to any Environmental Obligation,
including, but not limited to, the requirements, directives and activities identified by the
Regulatory Agencies to manage waste streams at the Site, to mitigate the migration of
waste stream off-Site, and to mitigate the harm caused by the subsurface reaction or
smoldering, notwithstanding whether such work may also constitute the Work required
by this UAO. Respondent shall take into consideration the progress and/or completion
of any such ongoing work when preparing its expeditious schedule for its Master Work
Plan. Following EPA’s approval or modification of the Master Work Plan, Respondent
shall implement the Master Work Plan in accordance with the schedule and provisions
approved by EPA.
24. Sampling and Analysis Plan. Within thirty (30) days after the Effective Date, Respondent
shall submit a Sampling and Analysis Plan to EPA for review and approval. This plan shall
consist of a Field Sampling Plan (“FSP”) and a Quality Assurance Project Plan (“QAPP”)
that is consistent with the applicable regulations guidance documents, including
“Guidance for Quality Assurance Project Plans (QA/G-5)” EPA/240/R-02/009 (December
2002), “EPA Requirements for Quality Assurance Project Plans (QA/R -5)” EPA 240/B-
01/003 (March 2001, reissued May 2006), and “Uniform Federal Policy for Quality
Assurance Project Plans,” Parts 1-3 EPA/505/B-04/900A-900C (March 2005). Upon its
approval by EPA, the Sampling and Analysis Plan shall be incorporated into and become
enforceable under this UAO.
25. Health and Safety Plan. Respondent shall develop a Health and Safety Plan and it shall
be implemented during the Work performed under this UAO. This Health and Safety
Plan shall be prepared in accordance with “OSWER Integrated Health and Safety
Program Operating Practices for OSWER Field Activities,” Pub. 9285.0-OlC (Nov. 2002),
available on the NSCEP database at https://www.epa.gov/nscep, and “EPA’s Emergency
Responder Health and Safety Manual,” OSWER Directive 9285.3-12 (July 2005 and
updates), available at https://www.epaosc.org/_HealthSafetyManual/manual-
index.htm. In addition, the Health and Safety Plan shall comply with all currently
applicable Occupational Safety and Health Administration regulations found at 29 C.F.R.
Part 1910. Respondent shall incorporate all changes to the Health and Safety Plan
recommended by EPA.
26. Progress Reports. Respondent shall submit a written progress report to EPA concerning
actions undertaken pursuant to this UAO on a monthly basis, or as otherwise requested
by EPA, from the date of receipt of EPA’s approval of the Master Work Plan until notice
of termination is delivered pursuant to Section XXV (Termination and Satisfaction),
unless otherwise directed in writing by the EPA Project Coordinators. These reports shall

27

describe all significant developments during the preceding period, including the actions
performed and any problems encountered, analytical data received during the reporting
period, and the developments anticipated during the next reporting period, including a
schedule of actions to be performed, anticipated problems, and planned resolutions of
past or anticipated problems.
27. Final Report. Within fifteen (15) days after completion of all Work required by this UAO,
with the exception of any continuing obligations required by this UAO, including
Respondent’s obligations to comply with Sections XIV (Sampling, Access and Data
Availability), XVI (Record Retention), XVIII (Reservation of Rights), and XXII
(Indemnification) of this UAO, Respondent shall submit for EPA review and approval a
final report summarizing the actions taken to comply with this UAO. EPA will review and
approve the final report in accordance with Section XXV (Termination and Satisfaction).
The final report shall include a good faith estimate of total costs or a statement of actual
costs incurred in complying with the UAO, a listing of quantities and types of materials
removed off-Site or handled on-Site, a discussion of removal and disposal options
considered for those materials, a listing of the ultimate destination(s) of those materials,
a presentation of the analytical results of all sampling and analyses performed, and
accompanying appendices containing all relevant documentation generated during the
removal actions (e.g., manifests, invoices, bills, contracts, and permits). The final report
shall also include the certification required under Section XIII (Document Certification).
28. Off-Site Shipments.
a. Respondent may ship hazardous substances, pollutants, and contaminants as
defined under Sections 101(14) and (33) of CERCLA , 42 U.S.C. § 9601, from the
Site to an off-Site facility only if it complies with Section 121(d)(3) of CERCLA, 42
U.S.C. § 9621(d)(3), and 40 C.F.R. § 300.440. Respondent will be deemed to be in
compliance with CERCLA § 121(d)(3) and 40 C.F.R. § 300.440 regarding a
shipment if Respondent obtains a prior determination from EPA that the
proposed receiving facility for such shipment is acceptable under the criteria of
40 C.F.R. § 300.440(b). Without limiting the foregoing, Respondent may ship
hazardous waste as defined under Section 1004(5) of RCRA, 42 U.S.C. § 6903(5),
from the Site to an off-Site facility only if it complies with 40 C.F.R. § 262.20 of
RCRA.
b. Respondent may ship Waste Material from the Site to an out -of-State waste
management facility only if, prior to any shipment, it provides written notice to
the appropriate state environmental official in the receiving facility’s state and
the EPA. This notice requirement will not apply to any off -Site shipments when
the total quantity of all such shipments will not exceed ten cubic yards. The
written notice must include the following information, if available: (1) the name
and location of the receiving facility; (2) the type and quantity of Waste Material

28

to be shipped; (3) the schedule for the shipment; and (4) the method of
transportation. Respondent shall also notify the state environmental official
referenced above and the EPA of any major changes in the shipment plan, such
as a decision to ship the Waste Material to a different out-of-State facility.
Respondent shall provide the notice after the award of the contract for the
removal action and before the Waste Material is shipped.
c. Respondent may ship Investigation Derived Waste (“IDW”) from the Site to an
off-Site facility only if it complies with Section 121(d)(3) of CERCLA, 42 U.S.C. §
9621(d)(3), 40 C.F.R. § 300.440, EPA’s “Guide to Management of Investigation
Derived Waste,” OSWER 9345.3-03FS (Jan. 1992), and any IDW-specific
requirements contained in the Action Memorandum. Wastes shipped off -Site to
a laboratory for characterization, and RCRA hazardous wastes that meet the
requirements for an exemption from RCRA under 40 C.F.R. § 261.4(e) shipped
off-Site for treatability studies, are not subject to 40 C.F.R. § 300.440.
IX. EPA APPROVAL OF DELIVERABLES
29. Deliverables required by this UAO shall be submitted to EPA for approval or
modification. All deliverables must be delivered by electronic mail at EPA by the due
date specified in this UAO or by schedules developed pursuant to this UAO. Deliverables
shall be provided to the EPA Project Coordinators by electronic mail at:
Tyler Holybee and Mark Anthony Relon
Enforcement and Compliance and Compliance Assurance Division (ENF-2)
75 Hawthorne Street
San Francisco, California 94105
[phone] and [phone]
[e-mail] and [e-mail]
Additionally, Respondent shall post all deliverables on a virtual platform and make them
available to the Regulatory Agencies.
30. Respondent shall submit all deliverables in electronic form. Respondent shall provide
data and corresponding information in editable Excel format, and not in image format. If
Excel format is not available, then the format should allow for data to be used in
calculations by a standard spreadsheet program such as Excel. All other deliverables
shall be submitted to EPA in the form specified by the EPA Project Coordinators.
31. After review of any deliverable that is required pursuant to this UAO, EPA will: (a)
approve, in whole or in part, the submission; (b) approve the submission on specified
conditions; (c) modify the submission to cure the deficiencies; (d) disapprove, in whole
or in part, the submission, directing that Respondent modify the submission; or (e) any
combination of the above. However, EPA will not modify a submission without first
providing Respondent at least one notice of deficiency and an opportunity to cure

29

within five (5) days, except where EPA determines that to do so would cause serious
disruption to the Work or where EPA has disapproved previous submission(s) due to
material defects and EPA determines that the deficiencies in the submission under
consideration indicate a bad faith lack of effort to submit an acceptable deliverable.
32. In the event of approval, approval on conditions, or modification by EPA, pursuant to
this Section, Respondent shall proceed to take any action required by the deliverable, as
approved or modified by EPA.
33. Resubmission of Deliverable. On receipt of a notice of disapproval, in whole or in part,
pursuant to this Section, Respondent shall, within five (5) days or such longer time as
specified by EPA in such notice, correct the deficiencies and resubmit the deliverable for
approval.
34. Notwithstanding the receipt of a notice of disapproval pursuant to this Section,
Respondent shall proceed, at the direction of EPA, to take any action required by any
non-deficient portion of the submission. Implementation of any non-deficient portion of
a submission shall not relieve Respondent of any liability for penalties for
non-compliance regarding the deficient portion of the deliverable.
35. In the event that a resubmitted deliverable, or portion thereof, is disapproved by EPA,
EPA may again require Respondent to correct the deficiencies, in accordance with the
preceding Paragraphs. EPA also retains the right to modify or develop the plan, report
or other item. Respondent shall implement any action as required in a deliverable that
has been modified or developed by EPA.
36. If on resubmission, a deliverable is disapproved or modified by EPA due to a material
defect, Respondent shall be deemed to have failed to submit such deliverable timely and
adequately.
37. All deliverables required to be submitted to EPA under this UAO shall, on approval or
modification by EPA, be incorporated into and be enforceable under this UAO. In the
event that EPA approves or modifies a portion of a deliverable required to be
submitted to EPA under this UAO, the approved or modified portion shall be enforceable
under this UAO.
X. MODIFICATION OF THE WORK
38. If at any time during the implementation of the Work, Respondent identif ies a need for
a compliance date modification or revision of any Work Plan, Respondent shall submit a
memorandum documenting the need for the modification or revision to the EPA Project
Coordinators. EPA in its discretion will determine if the modification or revision is
warranted and may provide written approval or disapproval. Any approved modified
compliance date or Work Plan modification is incorporated by reference into this UAO.

30

39. Emergency Response. In the event of any action or occurrence during the performance
of the Work that constitutes an emergency situation or may present an immediate
threat to human health and the environment, Respondent shall immediately take all
appropriate action to minimize such emergency or threat and shall immediately notify
the National Response Center at [phone] and EPA’s Project Coordinators.
Respondent shall take such immediate and appropriate actions in consultation with
EPA’s Project Coordinators. Respondent shall take these actions in accordance with all
applicable provisions of this UAO, including the Health and Safety Plan. Respondent shall
then submit to EPA written notification of such emergency or threat at the Site within
three (3) days of such discovery. Respondent shall thereafter submit to EPA for approval
a plan to mitigate this threat. EPA will approve or modify this plan in accordance with
the provisions of Section IX (EPA Approval of Deliverables) of this UAO, and Respondent
shall implement this plan as approved or modified by EPA. In the case of an extreme
emergency, Respondent may act as it deems appropriate, at its own risk, to protect
human health or the environment.
40. Release Reporting. Upon the occurrence of any event during performance of the Work
that Respondent is required to report pursuant to Section 103 of CERCLA, 42 U.S.C.
§9603, or Section 304 of the Emergency Planning and Community Right-To-Know Act
(EPCRA), 42 U.S.C. § 11004, Respondent shall immediately orally notify the EPA Project
Coordinators, or, in the event of their unavailability, the Regional Duty Officer at (800)
300-2193, and the National Response Center at [phone]. This reporting
requirement is in addition to, and not in lieu of, the reporting required by CERCLA § 103
or EPCRA § 304.
XI. QUALITY ASSURANCE
41. Respondent shall use quality assurance, quality control, and other technical activities
and chain of custody procedures for all samples consistent with “EPA Requirements for
Quality Assurance Project Plans (QA/R5),” EPA/240/B-01/003 (March 2001, reissued
May 2006), “Guidance for Quality Assurance Project Plans (QA/G -5),” EPA/240/R-02/009
(December 2002), and “Uniform Federal Policy for Quality Assurance Project Plans,”
Parts 1-3, EPA/505/B-04/900A-900C (March 2005).
42. Respondent shall ensure that EPA personnel and its authorized representatives are
allowed access at reasonable times to all laboratories utilized by Respondent pursuant
to this order. Respondent shall ensure that all laboratories employed for analyses shall
analyze all samples submitted by EPA pursuant to the QAPP for quality assurance,
quality control, and technical activities that will satisfy the stated performance criteria
as specified in the QAPP and that sampling and field activities are conducted in
accordance with the EPA’s “EPA QA Field Activities Procedure,” CIO 2105-P-02.1
(9/23/2014) available at https://www.epa.gov/irmpoli8/epa-qa-field-activities-
procedures. Respondent shall ensure that the laboratories it utilizes for the analysis of

31

samples taken pursuant to this UAO meet the competency requirements set forth in
EPA’s “Policy to Assure Competency of Laboratories, Field Sampling, and Other
Organizations Generating Environmental Measurement Data under Agency -Funded
Acquisitions” available at https://www.epa.gov/measurements/documents-about-
measurement-competency-under-acquisition-agreements and that the laboratories
perform all analyses using EPA-accepted methods. Accepted EPA methods consist of,
but are not limited to, SW 846 “Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods” (https://www.epa.gov/hw-sw846). However, upon
approval by EPA, Respondent may use other appropriate analytical method(s), as long as
(i) quality assurance/quality control (“QA/QC”) criteria are contained in the method(s)
and the method(s) are included in the QAPP, (ii) the analytical method(s) are at least as
stringent as the methods listed above, and (iii) the method(s) have been approved for
use by a nationally recognized organization responsible for verification and publication
of analytical methods, e.g., EPA, ASTM, NIOSH, OSHA, etc. Respondent shall ensure that
all laboratories it uses for analysis of samples taken pursuant to this UAO have a
documented Quality System that complies with ASQ/ANSI E4:2014 “Quality
management systems for environmental information and technology programs –
Requirements with guidance for use” (American Society for Quality, February 2014), and
“EPA Requirements for Quality Management Plans (QA/R -2)” EPA/240/B-01/002 (March
2001, reissued May 2006), or equivalent documentation as determined by EPA. EPA may
consider Environmental Response Laboratory Network laboratories, laboratories
accredited under the National Environmental Laboratory Accreditation Program, or
laboratories that meet International Standardization Organization standards or other
nationally recognized programs as meeting the Quality System requirements.
Respondent shall ensure that all field methodologies utilized in collecting samples for
subsequent analysis pursuant to this UAO are conducted in accordance with the
procedures set forth in the QAPP approved by EPA.
43. EPA reserves the right to require a change in laboratories for reasons which may include,
but shall not be limited to, QA/QC performance, conflict of interest, or confidential agency
audit information. In the event EPA requires a laboratory change, Respondent shall
propose two alternative laboratories within thirty (30) days. Once EPA approves of the
laboratory change, Respondent shall ensure that laboratory service shall be made
available within fifteen (15) days.
XII. ADMINISTRATIVE DOCUMENTATION
44. EPA retains the responsibility for the issuance of any decision documents related to the
Site.
45. EPA will provide Respondent with copies of all decision documents for the Site.
46. Submission of Documentation. EPA will determine the contents of and maintain the
administrative record file. The administrative record supporting this UAO and the Work

32

to be performed shall be available for public review in EPA ’s offices at 75 Hawthorne
Street, San Francisco, California (94105). A copy of the administrative record will also
available for viewing at a local repository established by EPA.
XIII. DOCUMENT CERTIFICATION
47. Any report or other document submitted by Respondent pursuant to this UAO that
makes recommendations as to whether or not further actions are necessary or makes
any representation concerning Respondent’s compliance or noncompliance with any
requirement of this UAO shall be certified by a responsible corporate officer for
Respondent. A responsible corporate officer means: a president, secretary, treasurer, or
vice-president in charge of a principal business function, or any other person who
performs similar policy or decision-making functions.
48. The certification required by Paragraph 47 above shall be in the following form:
I certify under penalty of law that this document and all attachments were
prepared under my direction or supervision in accordance with a system
designed to assure that qualified personnel properly gather and evaluate the
information submitted. Based on my inquiry of the person or persons who
manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to be the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fine and
imprisonment for knowing violations.
Signature: ________________________________
Name: ___________________________________
Title: ____________________________________
Date: ____________________________________
XIV. SAMPLING, ACCESS AND DATA AVAILABILITY
49. All results of sampling, testing, modeling or other data generated (including raw data if
requested) by Respondent, or on Respondent’s behalf, during implementation of this
UAO shall be validated by Respondent and submitted to EPA promptly upon receipt by
Respondent or its agents of such results by posting such results at the Chiquita Canyon
Landfill Task Force Update webpage. Respondent shall tabulate data chronologically by
media. EPA will make available to Respondent data generated by EPA for the purposes
of oversight of the Work unless it is exempt from disclosure by any federal or state law
or regulation.
50. Upon request, Respondent shall provide split or duplicate samples to EPA or its
authorized representatives. Respondent shall notify EPA not less than seven (7) days in

33

advance of any sample collection activity. In addition, EPA shall have the right to take
any additional samples that EPA deems necessary. Upon request, EPA shall provide to
Respondent split or duplicate samples of any samples it takes as part of EPA’s oversight
of Respondent’s implementation of the Work.
51. Site Access. Pursuant to RCRA Section 3007(a), 42 U.S.C. § 6927(a) and CERCLA Section
104(e)(3), 42 U.S.C. § 9604(e)(3), Respondent shall provide access to the Site at
reasonable times to EPA, EPA’s contractors and oversight officials. Respondent shall use
their best efforts to gain access to areas owned by or in the possession of someone
other than Respondent, as necessary to implement this UAO, as described in Paragraph
53. Such access shall be provided to EPA, its contractors and oversight officials. These
individuals shall be permitted to move freely about the Site and appropriate off -Site
areas in order to conduct actions that EPA determines to be necessary. EPA, its
contractors and oversight officials shall notify Respondent of their presence on the Site
by presenting their credentials.
52. Pursuant to this Section, any denial of access at reasonable times to any portion of the
Site property where a request for access was made for the purposes of enforcing the
requirements of RCRA, CERCLA or this UAO shall be construed as a violation of the terms
of this UAO subject to the penalty provisions outlined in Section XVII (Penalties) of this
UAO.
53. Access Agreements. Where action under this UAO is to be performed in areas owned
by, or in possession of, someone other than Respondent, Respondent shall use best
efforts to obtain all necessary access agreements within forty-five (45) days of approval
of any Work Plan for which access is necessary or as otherwise specified, in writing, by
the EPA Project Coordinators. Any such access agreement shall provide (i) for access by
EPA and its representatives to move freely in order to conduct actions that EPA
determines to be necessary and (ii) for such non-Respondent owner to refrain from
using such property in any manner EPA determines will pose an unacceptable risk to
human health or to the environment due to exposure to Waste Material, or interfere
with or adversely affect the implementation, integrity, or protectiveness of the r esponse
action. The access agreement shall specify that Respondent is not EPA’s representative
with respect to any liabilities associated with activities to be performed. Respondent
shall provide EPA’s Project Coordinators with copies of any access agreements.
Respondent shall immediately notify EPA if after using Respondent’s best efforts it is
unable to obtain such agreements within the time required. Best efforts as used in this
Paragraph shall include, at a minimum, a certified letter from Respondent to the present
owner of such property requesting access agreements to permit Respondent, EPA, and
EPA’s authorized representatives to enter such property, and the offer of payment of
reasonable sums of money in consideration of granting access. Respondent shall, within
ten (10) days of its receipt of a denial of access, submit in writing, a description of its
efforts to obtain access. EPA may, at its discretion, assist Respondent in obtaining

34

access. In the event EPA obtains access, Respondent shall undertake the Work on such
property and Respondent shall reimburse EPA for all costs and attorney fees incurred by
the United States in obtaining such access.
54. Respondent shall provide to EPA and the other Regulatory Agencies, upon request,
copies of all records, reports, documents, and other information (including records,
reports, documents, and other information in electronic form) (hereinafter referred to
as “Records”) within Respondent’s possession or control or that of its contractors or
agents relating to activities at the Site or to the implementation of this UAO, including,
but not limited to, sampling, analysis, chain of custody records, manifests, trucking logs,
receipts, reports, sample traffic routing, correspondence, or other documents or
information regarding the Work. Respondent shall also make available to EPA and the
other the Regulatory Agencies , for purposes of investigation, information gathering, or
testimony, their employees, agents, or representatives with knowledge of relevant facts
concerning the performance of the Work.
55. Confidential Business Information. Respondent may assert a claim of business
confidentiality covering part or all of any information submitted to EPA or any
Regulatory Agency pursuant to the terms of this UAO under 40 C.F.R. § 2.203 in the
manner described at 40 C.F.R. § 2.203(b) and substantiated with the information
described at 40 C.F.R. § 2.204(e)(4). Information EPA determines is confidential will be
given the protection specified in 40 C.F.R. Part 2. If no such claim or substantiation
accompanies the information when it is submitted to EPA, it may be made available to
the public or state or tribal officials by EPA without further notice to Respondent.
56. Privileged Documents. Respondent may assert that certain documents, records and
other information are privileged under the attorney-client privilege or any other
privilege recognized by federal law. If Respondent asserts such a privilege in lieu of
providing documents, Respondent shall have the burden of demonstrating to EPA by
clear and convincing evidence that such privilege exists. Respondent shall provide EPA
with the following: (1) the title of the document, record, or information; (2) the date of
the document, record, or information; (3) the author’s name and title; (4) the name and
title of each addressee and recipient; (5) a description of the contents; and (6) the
privilege asserted by Respondent. If a claim of privilege or protection applies only to a
portion of a Record, Respondent shall provide to EPA or any Regulatory Agency in
redacted form to mask the privileged or protected portion only. However, Respondent
may make no claim of privilege, confidentiality or protection regarding: (1) any data
regarding the Site, including, but not limited to, all sampling, analytical, monitoring,
hydrogeologic, scientific, chemical, radiological, or engineering data, or the portion of
any other Record that evidences conditions at or around the Site; or (2) the portion of
any Record that Respondent is required to create or generate pursuant to this UAO.
57. Notwithstanding any provision of this UAO, all Regulatory Agencies retain all of their

35

information gathering and inspection authorities and rights, including enforcement
actions related thereto, under CERCLA, RCRA, and any other applicable statutes or
regulations.
XV. COMPLIANCE WITH OTHER LAWS
58. Respondent shall perform all actions required pursuant to this UAO in accordance with
all applicable local, state, and federal laws and regulations, including, but not limited to,
the laws and regulations underlying the Environmental Obligations. Respondent shall
obtain or cause its representatives to obtain all permits and approvals necessary under
such laws and regulations in a timely manner so as not to delay the Work required by
this UAO.
XVI. RECORD RETENTION
59. Respondent shall preserve all documents and information, including raw data, relating
to the Work performed under this UAO, or relating to any solid waste or hazardous
waste found at the Site, for five (5) years following the termination of the UAO in
accordance with Section XXV (Termination and Satisfaction).
60. Respondent shall acquire and retain copies of all documents that relate to the Site that
are in the possession of its employees, agents, accountants, contractors or attorneys.
61. Respondent shall make available to EPA all employees and persons, including
contractors, who engage in activities under this UAO, and ensure their cooperation with
EPA with respect to this UAO.
62. After the five (5) year retention period and ninety (90) days before any document or
information is destroyed, Respondent shall notify EPA that such documents and
information are available to EPA for inspection, and on request, shall provide the
originals or copies (at no extra cost) of such documents and information to EPA.
Notification shall be in writing and shall reference the effective date, caption, and docket
number of this UAO, and shall be addressed to EPA ’s Enforcement and Compliance
Assurance Division Director. In addition, Respondent shall provide documents and
information retained under this Section at any time before expiration of the five (5)-year
retention period at the written request of EPA.
63. All documents pertaining to this UAO shall be stored by Respondent in a centralized
location at the Site, or an alternative approved by Respondent to promote easy access by
EPA or its representatives.
XVII. PENALTIES
64. Civil Penalties. Any willful violation, or failure or refusal to comply with any provision of
this UAO may subject Respondent to civil penalties up to the maximum amount

36

authorized by law pursuant to Section 7003(b) of RCRA, 42 U.S.C. § 6973(b) and/or
pursuant to Section 106(b)(1) of CERCLA, 42 U.S.C. § 9606(b)(1), as applicable . As of the
date of issuance of this UAO, the statutory maximum amount under Section 7003(b) of
RCRA, 42 U.S.C. § 6973(b), is eighteen thousand, one hundred and thirty-nine dollars
($18,139.00) per violation per day and the statutory maximum amount under Section
106(b)(1) of CERCLA, 42 U.S.C. § 9606(b)(1), is sixty-nine thousand, seven hundred and
thirty-three dollars ($69,733) per violation per day. This maximum amount may increase
in the future, as EPA amends its civil penalty amounts through rulemaking pursuant to
the 1990 Federal Civil Penalties Inflation Adjustment Act (Public Law 101-410, codified at
28 U.S.C. § 2461), as amended by the 2015 Federal Civil Penalties Inflation Adjustment
Act Improvements Act (Section 701 of Public Law 114-74)). The maximum amount to be
applied to this violation will be set as the most recent maximum amount set forth in 40
C.F.R. Section 19.4 as of the date that the U.S. District Court assesses any such penalty.
In the event of such willful violation, or failure or refusal to comply, EPA may unilaterally
carry out the actions required by this UAO, pursuant to any applicable authorities, and
may seek judicial enforcement of this UAO . In addition, nothing in this UAO shall limit
EPA’s authority under Section XXI (Cost Estimates and Financial Assurance). Respondent
may also be subject to punitive damages in an amount up to three (3) times the amount
of any cost incurred by the United States as a result of such failure to comply, as
provided in Section 107(c)(3) of CERCLA, 42 U.S.C. §9607(c)(3).
XVIII. RESERVATION OF RIGHTS
65. Notwithstanding any other provisions of this UAO, the United States retains all of its
authority to take, direct, or order any and all actions necessary to protect public health
or the environment or to prevent, abate, or minimize an actual or threatened release of
hazardous substances, pollutants, or contaminants, or hazardous or solid waste or
constituents of such wastes, on, at, or from the Site, including but not limited to the
right to bring enforcement actions under RCRA, CERCLA, and any other applicable
statutes or regulations.
66. EPA reserves all of its statutory and regulatory powers, authorities, rights, and remedies,
both legal and equitable, which may pertain to Respondent’s failure to comply with any
of the requirements of this UAO, including without limitation the assessment of
penalties under Section 7003 of RCRA, 42 U.S.C. § 6973 and/or any claims under
Sections 106 of and 107 of CERCLA, 42 U.S.C. §§ 9606 and 9607, as applicable.
67. This UAO shall not be construed as a covenant not to sue, release, waiver, or limitation
of any rights, remedies, powers, claims, and/or authorities, civil or criminal, which EPA
has under RCRA, CERCLA, or any other statutory, regulatory, or common law authority of
the United States.
68. This UAO is not intended to be, nor shall it be construed to be, a permit. Compliance by
Respondent with the terms of this UAO shall not relieve Respondent of its obligations to

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comply with RCRA, CERCLA or any other applicable local, state, tribal or federal laws and
regulations.
69. Notwithstanding any other provision of this UAO, no action or decision by EPA pursuant
to this UAO, including without limitation any action or decision by any authorized
representative of EPA pursuant to this UAO, shall constitute final agency action giving
rise to any right of judicial review prior to EPA’s initiation of a judicial action to enforce
this UAO, including an action for penalties or an action to compel Respondent’s
compliance with the terms and conditions of this UAO.
XIX. OTHER CLAIMS
70. By issuance of this UAO, the United States and EPA assume no liability for injuries or
damages to persons or property resulting from any acts or omissions of Respondent.
Neither the United States nor EPA shall be deemed a party to any contract, agreement
or other arrangement entered into by Respondent or its officers, directors, employees,
agents, successors, assigns, heirs, trustees, receivers, contractors, or consultants in
carrying out actions pursuant to this UAO.
71. Nothing in this UAO constitutes a satisfaction of or release from any claim or cause of
action against Respondent or any person not a party to this UAO, for any liability such
person may have under RCRA, CERCLA, other statutes, or common law, including but
not limited to any claims of the United States under Sections 106 and 107 of CERCLA, 42
U.S.C. §§ 9606 and 9607.
72. Nothing in this UAO shall be deemed to constitute preauthorization of a claim within the
meaning of Section 111(a)(2) of CERCLA, 42 U.S.C. § 9611(a)(2), or 40 C.F.R. §
300.700(d).
XX. INSURANCE
73. Prior to commencing the on-Site Work under this UAO, Respondent shall secure, and
shall maintain in force for the duration of this UAO and for two (2) years after the
completion of all activities required by this UAO, commercial general liability with limits
of liability of $1 million per occurrence, automobile liability insurance with limits of
liability of $1 million per accident, and umbrella liability insurance with limits of liability
of $5 million in excess of the required commercial general liability and automobile
liability limits, naming EPA as an additional insured. Prior to commencement of the
Work under this UAO, and annually thereafter on the anniversary of the Effective Date
of this UAO, Respondent shall provide EPA with certificates of such insurance and a copy
of each insurance policy. In addition, for the duration of the UAO, Respondent shall
satisfy, or shall ensure that its contractors or subcontractors satisfy, all applicable laws
and regulations regarding the provision of worker’s compensation insurance for all
persons performing Work on behalf of Respondent pursuant in furtherance of this UAO.

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If Respondent demonstrates by evidence satisfactory to EPA that its contractors and
subcontractors maintain insurance equivalent to that described above, or insurance
covering some or all of the same risks but in an equal or lesser amount, then
Respondent need provide only that portion of the insurance described above which is
not maintained by the contractors and subcontractors.
74. For the duration of this UAO, Respondent shall satisfy, or shall ensure that its
contractors or subcontractors satisfy, all applicable laws and regulations regarding the
provision of employer’s liability insurance and worker’s compensation insurance for all
persons performing the Work on behalf of Respondent, in furtherance of this UAO.
75. Prior to commencing the Work under this UAO, Respondent shall certify to EPA that its
contractors and subcontractors have obtained the required insurance.
XXI. COST ESTIMATES AND FINANCIAL ASSURANCE
76. Cost Estimates. Within thirty (30) days after the Effective Date of this UAO, Respondent
shall submit to EPA a detailed written initial estimate, in current dollars, of the cost of
hiring a third party to perform the Work described in Section VIII (Work to be
Performed) (the “Cost Estimate”). A third party is a party who: (i) is neither a parent nor
a subsidiary of Respondent and (ii) does not share a common parent or subsidiary with
Respondent. The initial Cost Estimate must account for the total costs of the work
activities described in Section VIII (Work to be Performed) for the entire period of this
UAO, including any necessary long-term costs, such as operation and maintenance costs,
monitoring costs, and institutional controls. The Cost Estimate must not incorporate
any salvage value that may be realized from the sale of wastes, facility structures or
equipment, land or other assets associated with the Site.
77. Concurrent with the submission of any Work Plan(s) for additional work required under
Section XXIV (Additional Work), Respondent shall submit revised detailed written
estimate(s), in current dollars, of the cost of hiring a third party to perform the Work.
78. Respondent must annually adjust the Cost Estimate(s) for inflation within thirty (30)
days after the close of Respondent’s fiscal year until the Work required by this UAO is
completed. In addition, Respondent must adjust the Cost Estimate if EPA determines
that any additional work is required, pursuant to Section XXIV (Additional Work), or if
any other conditions increase the cost of the Work to be performed under this UAO.
79. Respondent shall submit each Cost Estimate to EPA for review, pursuant to Section IX
(EPA Approval of Deliverables).
80. Assurances of Financial Responsibility for Completing the Work. In order to ensure
completion of the Work, Respondent shall secure financial assurance pursuant to the
environmental programs in Paragraph 4 of this UAO, initially in the amount of the Cost

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Estimate (the “Estimated Cost of the Work”), within 30 days of EPA approval of the Cost
Estimate. The financial assurance must be one or more of the mechanisms listed below,
in a form substantially identical to the relevant sample documents available from EPA or
under the “Financial Assurance - Orders” category on the Cleanup Enforcement Model
Language and Sample Documents Database at
https://cfpub.epa.gov/compliance/models/, and satisfactory to EPA.
a. A trust fund: (1) established to ensure that funds will be available as and when
needed for performance of the Work; (2) administered by a trustee that has the
authority to act as a trustee and whose trust operations are regulated and
examined by a federal or state agency; and (3) governed by an agreement that
requires the trustee to make payments from the fund only when EPA Region IX
advises the trustee in writing that: (i) payments are necessary to fulfill
Respondent’s obligations under the UAO; or (ii) funds held in trust are in excess
of the funds that are necessary to complete the performance of Work in
accordance with this UAO;
b. A surety bond, issued by a surety company among those listed as acceptable
sureties on federal bonds as set forth in Circular 570 of the U.S. Department of
the Treasury, guaranteeing payment or performance in accordance with
Paragraph 84 (Access to Financial Assurance); or
c. An irrevocable letter of credit, issued by an entity that has the authority to issue
letters of credit and whose letter-of-credit operations are regulated and
examined by a federal or state agency, guaranteeing payment in accordance
with Paragraph 84 (Access to Financial Assurance).
81. Standby Trust. If Respondent seeks to establish financial assurance by using a surety
bond or a letter of credit, Respondent shall at the same time establish and thereafter
maintain a standby trust fund, which must meet the requirements specified in
Paragraph 80.a, and into which payments from the other financial assurance mechanism
can be deposited if EPA so requires in accordance with the terms and conditions of the
financial assurance mechanism and Paragraph 84 (Access to Financial Assurance). An
originally signed duplicate of the standby trust agreement must be submitted, with the
other financial mechanism, to EPA in accordance with Paragraph 82. Until the standby
trust fund is funded pursuant to Paragraph 84 (Access to Financial Assurance), neither
payments into the standby trust fund nor annual valuations are required.
82. Within thirty (30) days of EPA Approval of the Cost Estimate, Respondent shall submit to
EPA proposed financial assurance mechanisms in draft form in accordance with
Paragraph 80 (Assurances of Financial Responsibility for Completing the Work) for EPA’s
review. Within sixty (60) days after the Effective Date, or thirty (30) days after EPA’s
approval of the form and substance of Respondent’s financial assurance, whichever is
later, Respondent shall secure all executed and/or otherwise finalized mechanisms or

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other documents consistent with the EPA-approved form of financial assurance and
shall submit such mechanisms and documents to:
Marie Ortesi
Mission Support Division (MSD-4)
U.S. Environmental Protection Agency, Region IX
75 Hawthorne Street
San Francisco, California 94105
[phone]
[e-mail]

With a copy to:

Laura Friedli
Office of Regional Counsel (ORC-3)
U.S. Environmental Protection Agency, Region IX
75 Hawthorne Street
San Francisco, California 94105
[phone]
[e-mail]
83. Respondent shall diligently monitor the adequacy of the financial assurance. If
Respondent becomes aware of any information indicating that the financial assurance
provided under this Section is inadequate or otherwise no longer satisfies the
requirements of this Section, Respondent shall notify EPA of such information within
thirty (30) days. If EPA determines that the financial assurance provided under this
Section is inadequate or otherwise no longer satisfies the requirements of this Section,
EPA will notify Respondent of such determination. Respondent shall, within thirty (30)
days after notifying EPA or receiving notice from EPA under this Paragraph, secure and
submit to EPA for approval a proposal for a revised or alternative financial assurance
mechanism that satisfies the requirements of this Section. Respondent shall follow the
procedures of Paragraph 85 (Modification of Amount, Form, or Terms of Financial
Assurance) in seeking approval of, and submitting documentation for, the revised or
alternative financial assurance mechanism. Respondent’s inability to secure financial
assurance in accordance with this Section does not excuse performance of any other
obligation under this UAO.
84. Access to Financial Assurance.
a. If EPA determines that Respondent (1) has ceased implementation of any
portion of the Work, (2) is seriously or repeatedly deficient or late in its
performance of the Work, or (3) is implementing the Work in a manner that may
cause an endangerment to human health or the environment, EPA may issue a
written notice (“Performance Failure Notice”) to both Respondent and the

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financial assurance provider regarding Respondent’s failure to perform. Any
Performance Failure Notice issued by EPA will specify the grounds upon which
such notice was issued and will provide Respondent a period of ten (10) days
within which to remedy the circumstances giving rise to EPA’s issuance of such
notice. If, after expiration of the ten (10)-day period specified in this Paragraph,
Respondent has not remedied to EPA’s satisfaction the circumstances giving rise
to EPA’s issuance of the relevant Performance Failure Notice, then, in
accordance with any applicable financial assurance mechanism, EPA may at any
time thereafter direct the financial assurance provider to immediately: (i)
deposit any funds assured pursuant to this Section into the standby trust fund;
or (ii) arrange for performance of the Work in accordance with this UAO.
b. If EPA is notified by the provider of a financial assurance mechanism that it
intends to cancel the mechanism, and Respondent fails to provide an alternative
financial assurance mechanism in accordance with this Section at least thirty (30)
days prior to the cancellation date, EPA may, prior to cancellation, direct the
financial assurance provider to deposit any funds guaranteed under such
mechanism into the standby trust fund for use consistent with this Section.
85. Modification of Amount, Form, or Terms of Financial Assurance . Respondent may
submit, on any anniversary of the Effective Date or following Respondent’s request for,
and EPA’s approval of, another date, a request to reduce the amount, or change the
form or terms, of the financial assurance mechanism. Any such request must be
submitted to the EPA individual(s) referenced in Paragraph 82, and must include an
estimate of the cost of the remaining Work, an explanation of the bases for the cost
calculation, a description of the proposed changes, if any, to the form or terms of the
financial assurance, and any newly proposed financial assurance documentation in
accordance with the requirements of Paragraphs 80 (Assurances of Financial
Responsibility for Completing the Work) and 81 (Standby Trust). EPA will notify
Respondent of its decision to approve or disapprove a requested reduction or change.
Respondent may reduce the amount or change the form or terms of the financial
assurance mechanism only in accordance with EPA’s approval. Within thirty (30) days
after receipt of EPA’s approval of the requested modifications pursuant to this
Paragraph, Respondent shall submit to the EPA individual(s) referenced in Paragraph 82
all executed and/or otherwise finalized documentation relating to the amended,
reduced, or alternative financial assurance mechanism. Upon EPA’s approval, the
Estimated Cost of the Work shall be deemed to be the estimate of the cost of the
remaining Work in the approved proposal.
86. Release, Cancellation, or Discontinuation of Financial Assurance. Respondent may
release, cancel, or discontinue any financial assurance provided under this Section only:
(a) after receipt of documentation issued by EPA certifying completion of the Work; or

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(b) in accordance with EPA’s written approval of such release, cancellation, or
discontinuation.
XXII. INDEMNIFICATION
87. Respondent shall indemnify, save and hold harmless the United States, its officials,
agents, contractors, employees, and representatives from any and all claims or causes of
action: (a) arising from, or on account of, acts or omissions of Respondent,
Respondent’s directors, officers, employees, agents, successors, assigns, heirs, trustees,
receivers, contractors, or consultants in carrying out actions pursuant to this UAO; and
(b) for damages or reimbursement arising from or on account of any contract,
agreement, or arrangement between Respondent and any persons for performance of
the Work on or relating to the Site, including claims on account of construction delays.
XXIII. DELAY IN PERFORMANCE
88. Respondent shall notify EPA of any delay or anticipated delay in performing any
requirement of this UAO. Such notification shall be made by telephone and email to the
EPA Project Coordinators within forty-eight (48) hours after Respondent first knew or
should have known that a delay might occur. Respondent shall adopt all reasonable
measures to avoid or minimize any such delay. Within seven (7) days after notifying EPA
by telephone and email, Respondent shall provide to EPA written notification fully
describing the nature of the delay, the anticipated duration of the delay, any
justification for the delay, all actions taken or to be taken to prevent or minimize the
delay or the effect of the delay, a schedule for implementation of any measures to be
taken to mitigate the effect of the delay, and any reason why Respondent should not be
held strictly accountable for failing to comply with any relevant requirements of this
UAO. Increased costs or expenses associated with implementation of the activities
called for in this UAO is not a justification for any delay in performance.
89. Any delay in performance of this UAO that, in EPA’s judgment, is not properly justified
by Respondent under the terms of Paragraph 88 shall be considered a violation of this
UAO. Any delay in performance of this UAO shall not affect Respondent’s obligations to
fully perform all obligations under the terms and conditions of this UAO.
XXIV. ADDITIONAL WORK
90. EPA may determine, or Respondent may propose, that certain tasks are necessary in
addition to or in lieu of the tasks included in any EPA -approved Work Plan when such
additional work is necessary to meet the objectives set forth in this UAO. EPA may
determine that Respondent shall perform any additional work and EPA will specify, in
writing, the basis for its determination that any additional work is necessary. Within five
(5) days after the receipt of such determination, Respondent shall have the opportunity
to meet or confer with EPA to discuss any additional work. Respondent shall submit for

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EPA approval a Work Plan for any additional work, which Work Plan shall conform to the
applicable requirements of Section VIII (Work to be Performed). Such Work Plan shall
be submitted within fifteen (15) days of Respondent’s receipt of EPA’s determination
that any additional work is necessary, or according to an alternative schedule
established by EPA. On approval of a Work Plan for any additional work, Respondent
shall implement the Work Plan for any additional work in accordance with the schedule
and provisions contained therein. The Work Plan for any additional work shall be
incorporated by reference into this UAO.
XXV. TERMINATION AND SATISFACTION
91. When EPA determines, after EPA’s review of the final report, that all Work has been
fully performed in accordance with this UAO, with the exception of any continuing
obligations required by this UAO, including Respondent’s obligations to comply with
Sections XIV (Sampling, Access and Data Availability); XVI (Record Retention); XVIII
(Reservation of Rights); and XXII (Indemnification) of this UAO, EPA will provide notice
to Respondent. If EPA determines that any Work has not been completed in accordance
with this UAO, EPA will notify Respondent, provide a list of the deficiencies, and require
that Respondent modify the Work Plan, if appropriate, in order to correct such
deficiencies in the Work within thirty (30) days after receipt of the EPA notice. The
modified Work Plan shall include a schedule for correcting such deficiencies. Within five
(5) days after receipt of written approval of the modified Work Plan, Respondent shall
commence the implementation of the modified and approved Work Plan and, upon
completion of the Work pursuant to the modified and approved Work Plan, shall submit
a modified Final Report in accordance with the EPA notice. Failure by Respondent to
implement the approved modified Work Plan shall be a violation of this UAO.
XXVI. SEVERABILITY
92. If a court issues an order that invalidates any provision of this UAO or finds that
Respondent has sufficient cause not to comply with one or more provisions of this UAO,
Respondent shall remain bound to comply with all provisions of this UAO not invalidated
or determined to be subject to a sufficient cause defense by the court’s order.
XXVII. EFFECTIVE DATE
93. This UAO is deemed effective within five (5) days of receipt (the “Effective Date”), unless
(i) a conference is requested, or notice is given that written materials will be submitted
in lieu of a conference as provided in Section XXVIII (Opportunity to Confer) and (ii) EPA
and Respondent mutually agree to modify the Effective Date.
XXVIII. OPPORTUNITY TO CONFER
94. Within two (2) days of receipt of this UAO, Respondent may, in writing, (a) request a

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conference with EPA to discuss this UAO, including its applicability, the factual findings
and the determinations upon which it is based, the appropriateness of any actions
Respondent is ordered to take, or any other relevant and material issues or contentions
that Respondent may have regarding this UAO, or (b) notify EPA that it intends to
submit written comments or a statement of position in lieu of requesting a conference.
95. At any conference held pursuant to Respondent’s request, Respondent may appear in
person, or be represented by an attorney or other representative. If Respondent desires
such a conference, Respondent shall contact Laura Friedli, EPA Attorney Advisor, at
[phone].
96. The purpose and scope of any such conference held pursuant to this UAO shall be
limited to issues involving the implementation of the Work required by this UAO and the
extent to which Respondent intends to comply with this UAO. If such a conference is
held, Respondent may present any evidence, arguments or comments regarding this
UAO, its applicability, any factual determinations on which the UAO is based, the
appropriateness of any action that Respondent is ordered to take, or any other relevant
and material issue. Any such evidence, arguments or comments should be reduced to
writing and submitted to EPA within three (3) days following the conference. This
conference is not an evidentiary hearing and does not constitute a proceeding to
challenge this UAO. It does not give Respondent a right to seek review of this UAO, or
to seek resolution of potential liability, and no official record of the conference will be
made. If no conference is requested, any such evidence, arguments or comments must
be submitted in writing within three (3) days following the Effective Date of this UAO.
Any such writing should be directed to Laura Friedli, at the following address:
Environmental Protection Agency
75 Hawthorne Street, ORC-3
San Francisco, CA 94105
[phone]
[e-mail]
97. Respondent is hereby placed on notice that EPA will take any action that may be
necessary in the opinion of EPA for the protection of public health and welfare and the
environment.
XXIX. NOTICE OF INTENT TO COMPLY
98. Respondent shall, on or before the Effective Date of this UAO, provide written notice to
EPA of Respondent’s irrevocable intent to comply with this UAO. Respondent’s written
notice shall describe, using facts that exist on or prior to the Effective Date, any
“sufficient cause” defense asserted by Respondent under Sections 106(b) and 107(c)(3)
of CERCLA, 42 U.S.C. §§ 9606(b) and 9607(c)(3). The absence of a response by EPA to the
notice required by this Paragraph shall not be deemed to be acceptance of
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Respondent’s assertions. Failure of Respondent to provide such notice of intent to
comply within this time period shall, as of the Effective Date, be treated as a violation of
this UAO by Respondent. Failure to respond, or failure to agree to comply with this UAO,
shall be deemed a refusal to comply with this UAO.
It is ORDERED this 21 day February, 2024
By: ___________________________________
Amy C. Miller-Bowen
Enforcement and Compliance Assurance Division Director
U.S. Environmental Protection Agency, Region 9
By: ___________________________________
Michael Montgomery
Superfund and Emergency Management Division Director
U.S. Environmental Protection Agency, Region 9

Attachment A – Map of Landfill