DSHW-2007-002736 - 0901a0688013f681

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Launch Systems Group
P.O. Box 707
Brigham City, UT 84302
www.atk£om
RECEIVED
APR 3 0 2007
SOLID"K,IS°;ASTE
8200-FY08-005 ""^ttnuuub WAb ft
070I3SO
Mr. Dennis R. Downs, Executive Secretary
State of Utah
Department of Environmental Quality
Division of Solid and Hazardous Waste
288 N. 1460 W.
P.O. Box 144880
Salt Lake City, Utah 84114-4880
Subject: ATK Launch Systems Revised Draft Environmental Covenant for M-636, Promontory
EPA ID #UTD009081357
Dear Mr. Downs
In an April 2, 2007 letter, your office requested revisions to a December 2007 version of a draft deed
note for M-636. Attached, please find the revised draft environmental covenant for M-636 at ATK
Launch Systems Promontory.
If you have questions regarding this submittal, please contact Paul Hancock at [phone].
Sincerely,
U/ ) l=0^y
David P. Gosen, P.E., Director
Environmental Services
DRAFT
April 27,2007
9:44 AM
When Recorded Retum To:
ATK Launch Systems Inc.
P.O. Box 707,
Brigham City, Utah 84302-0707
With Copy To:
Utah Department of Environmental Quality
Division of Solid and Hazardous Waste
P.O. Box 144880
Salt Lake City, UT 84114-4880
ENVIRONMENTAL COVENANT
This Environmental Covenant is entered into by Alliant Techsystems Inc. by and
through its subsidiary, ATK Launch Systems Inc., a Delaware corporation, of P.O. Box 707,
Brigham City, Utah 84302-0707 ("Owner") and the Utah Department of Environmental
Quality, and the Utah Division of Solid and Hazardous Waste, of P.O. Box 144880, Salt
Lake City, UT 84114-4880 ("DEO") pursuant to Utah Code Ann. §§ 57-25-101 et seq. for the
purpose of subjecting the Property described in paragraph 2, below, to the activity and use
limitations set forth herein.
Recitals
Owner owns a parcel of land located in Box Elder County, Utah, which was a hazardous waste
management unit referred to as M-636 and formerly used for disposal of wastewater generated
from photo processing operations, regulated by the Utah Division of Solid and Hazardous Waste
("DSHW") under the Utah Solid and Hazardous Waste Act. Utah Code Ann. §§ 19-6-101 et seq.
As a result of these past disposal activities, soil in the disposal area was contaminated with
cadmium and silver. A map depicting the extent of this contamination is included in Exhibit
"A", attached hereto and incorporated by reference herein Contaminated soil was removed from
the site in 1995 incident to closure of the unit and a closure certification report was submitted
following the removal action. Additional confirmation sampling was conducted in 2004, which
detected maximum cadmium and silver concentrations of 5.9 mg/kg and 1,380 mg/kg,
respectively.
The results of the soil sampling were evaluated under the Cleanup Action and Risk-Based
Closure Standards at Utah Admin. Code R315-101 with respect to risk-based Preliminary
Remediation Goals ("PRGs"). PRGs are risk-based concentrations considered by EPA and
DSHW to be protective for humans over a lifetime based on residential or industrial exposure
assumptions. The maximum cadmium concentration at the site is below the residential PRG for
893932.2
Environmental Covenant
Alliant Techsystems Inc. by and through its subsidiary, ATK Launch Systems Inc. Property
Page 2
cadmium (24 mg/kg), meaning that no restrictions on site use are necessary with respect to
cadmium. The maximum silver concentration at the site is above the residential PRG for silver
(390 mg/kg), but below the industrial PRG for silver (5,100 mg/kg), meaning that human health
is expected to be protected if site use is limited to industrial. The industrial PRG for silver is
based on an industrial exposure scenario under which soil containing silver is incidentally
ingested. Based on this evaluation, DSHW approved closure of the site based on "industrial
use."
The administrative record for this project consists of the closure documents for unit M-636 at the
ATK Launch Systems Inc.- Promontory facility and is located at the DSHW offices: 288 North
1460 West, P.O. Box 144880, Salt Lake City, Utah 84114-4880.
Environmental Covenant
Now therefore. Owner and DEQ agree to the following:
1. Environmental Covenant. This instrument is an environmental covenant developed and
executed pursuant to Utah Code Ann. §§ 57-25-101 et seq.
2. Property. This Environmental Covenant concerns an approximately .310 acre tract of
real property owned by Owner, located at Owner's site, in Box Elder County, Utah, and more
particularly described in Exhibit A ("Property"). A map depicting the Property is also attached
as pan of Exhibit A.
3. Owner. Alliant Techsystems Inc. by and through its subsidiary, ATK Launch Systems
Inc. ("Owner"), whose mailing address is P.O. Box 707, Brigham City, Utah 84302-0707 is the
owner of the Property.
4. Holder. Owner, whose address is listed above, is a holder of this Environmental
Covenant.
5. Activity and Use Limitations. As part of the closure of a hazardous waste management
unit on the Property, Owner hereby imposes and agrees to comply with the following activity
and use limitations: 1) the Property shall not be used for residential or day care purposes; and 2)
no soil shall be removed from the Property without the prior approval of the Executive Secretary
of the Utah Solid and Hazardous Waste Control Board. If any event or action by or on behalf of
a person or entity who owns an interest in or holds an encumbrance on the Property, identified in
paragraph 11 below, constitutes a breach ofthe activity and use limitations, Owner or Transferee
shall notify the DEQ within thirty (30) days of becoming aware of the event or action, and, to the
extent Owner or Transferee has the property rights necessary to do so, shall remedy the breach of
the activity and use limitations within sixty (60) days of becoming aware of the event or action,
or such other time frame as may be agreed to by the Owner or Transferee and DEQ.
6. Running with the Land. This Environmental Covenant shall be binding upon the Owner
and all assigns and successors in interest, including any Transferee, and shall run with the land,
pursuant to Utah Code Ann. § 57-25-105, subject to amendment or termination as set forth
893932.2
Environmental Covenant
Alliant Techsystems Inc. by and through its subsidiary, ATK Launch Systems Inc. Property
Page 3
herein. The term "Transferee," as used in this Environmental Covenant, shall mean any future
owner of any interest in the Property or any portion thereof, including, but not limited to, owners
of an interest in fee simple, mortgagees, easement holders, and/or lessees.
7. Compliance Enforcement. Compliance with this Environmental Covenant may be
enforced pursuant to Utah Code Ann. § 57-25-111. Failure to timely enforce compliance with
this Environmental Covenant or the activity and use limitations contained herein by any party
shall not bar subsequent enforcement by such party and shall not be deemed a waiver of the
party's right to take action to enforce any non-compliance. Nothing in this Environmental
Covenant shall restrict the DEQ from exercising any authority under applicable law.
8. Rights of Access. Owner hereby grants to the DEQ, its agents, contractors, and
employees the right of access to the Property for implementation or enforcement of this
Environmental Covenant; provided, however, access over Owner's property shall be through
such contractor gates and control points as advised by Owner from time to time. Any and all
access by DEQ, its employees and contractors, shall require all such persons to sign in at the
designated security facility, shall require a current site hazard training certificate by Owner
security personnel and otherwise shall be subject to Owner's safety and security standards as
advised and revised from time to time. All persons leaving the Owner's property shall stop at the
designated security gate and log out. It is expressly acknowledged that Owner reserves the right
to change the access and control points and security and safety requirements from time to time,
but Owner covenants at all times to use reasonable commercial efforts to provide DEQ suitable
access to the Property for implementation and enforcement purposes from time to time.
9. Notice upon Conveyance. Each instrument hereafter conveying any interest in the
Property or any portion of the Property shall contain a notice of the activity and use limitations
set forth in this Environmental Covenant, and provide the recorded location of this
Environmental Covenant. The notice shall be substantially in the following form:
THE INTEREST CONVEYED HEREBY IS SUBJECT TO AN
ENVIRONMENTAL COVENANT, DATED , 2006, RECORDED IN
THE DEED OR OFFICIAL RECORDS OF THE BOX ELDER_COUNTY
RECORDER ON , 2006, IN [DOCUMENT , or BOOK ,
PAGE ,]. THE ENVIRONMENTAL COVENANT CONTAINS THE
FOLLOWING ACTIVITY AND USE LIMITATIONS: 1) the Property shall not
be used for residential or day care purposes; 2) no soil shall be removed from the
Property without the prior approval of the Executive Secretary of the Utah Solid
and Hazardous Waste Control Board.
Owner shall notify the DEQ within ten (10) days after each conveyance of an interest in any
portion of the Property. Owner's notice shall include the name, address, and telephone number
of the Transferee, a copy of the deed or other documentation evidencing the conveyance, and an
unsurveyed plat that shows the boundaries of the propeily being transferred.
10. Representations and Warranties. Owner hereby represents and warrants to the other
signatories hereto:
893932.2
Environmental Covenant
Alliant Techsystems Inc. by and through its subsidiary, ATK Launch Systems Inc. Property
Page 4
(a) that the Owner is the sole owner of the Property;
(b) that the Owner holds fee simple title to the Property which is subject to the
interests or encumbrances identified in Exhibit "B" attached hereto and incorporated by
reference herein;
(c) that the Owner has the power and authority to enter into this Environmental
Covenant, to grant the tights and interests herein provided and to carry out all obligations
hereunder;
(d) that the Owner has identified all other persons that own an interest in or hold an
encumbrance on the Property and notified such persons of the Owner's intention to enter into
this Environmental Covenant;
(e) that this Environmental Covenant will not materially violate or contravene or
constitute a material default under any other agreement, document or instrument to which Owner
is a party or by which Owner may be bound or affected; and
(0 to the extent that any other interests in or encumbrances on the Property conflict
with the activity and use limitations set forth in this Environmental Covenant, the persons who
own such interests or hold such encumbrances have agreed to subordinate such interests or
encumbrances to the Environmental Covenant, pursuant to Utah Code Ann. §§ 57-25-103(4)(a)
and the subordination agreement(s) (attached hereto as Exhibit C; [or] recorded at ).]
11. Amendment or Termination. This Environmental Covenant may be amended or
terminated by consent of all of the following: the Owner, the current Transferee and the DEQ,
pursuant to Utah Code Ann. § 57-25-110 and other applicable law. The term, "Amendment," as
used in this Environmental Covenant, shall mean any changes to the Environmental Covenant,
including the activity and use limitations set forth herein, or the elimination of one or more
activity and use limitations when there is at least one limitation remaining. The term,
"Termination," as used in this Environmental Covenant, shall mean the elimination of all activity
and use limitations set forth herein and all other obligations under this Environmental Covenant.
This Environmental Covenant may be amended or terminated only by a written
instrument duly executed by the DEQ, the Owner and the current Transferee of the Property or
poition thereof, as applicable. Within thirty (30) days of signature by all requisite parties on any
amendment or termination of this Environmental Covenant, the Owner or Transferee shall file
such instrument for recording with the County Recorder's Office, and shall provide a file- and
date-stamped copy of the recorded instrument to DEQ.
12. Severability. If any provision of this Environmental Covenant is found to be
unenforceable in any respect, the validity, legality, and enforceability of the remaining
provisions shall not in any way be affected or impaired.
13. Governing Law. This Environmental Covenant shall be governed by and interpreted in
accordance with the laws of the State of Utah.
893932.2
Environmental Covenant
Alliant Techsystems Inc. by and through its subsidiary, ATK Launch Systems Inc. Property
Page 5
14. Recordation. Within thirty (30)days after the date of the final required signature upon
this Environmental Covenant, Owner shall file this Environmental Covenant for recording, in
the same manner as a deed to the Property, with the Box Elder County Recorder's Office.
15. Effective Date. The effective date of this Environmental Covenant shall be the date upon
which the fully executed Environmental Covenant has been recorded as a document of record for
the Property with the Box Elder County Recorder.
16. Distribution of Environmental Covenant. The Owner shall distribute a file- and date-
stamped copy of the recorded Environmental Covenant to the DEQ.
17. Notice. Unless otherwise notified in writing by or on behalf of the current owner or
DEQ, any document or communication required by this Environmental Covenant shall be
submitted to:
Utah Solid and Hazardous Waste Control Board
Department of Environmental Quality
P.O. Box 144880
Salt Lake City, Utah 84114-4880
Dennis R. Downs, Executive Secretary
The undersigned representative of Owner represents and certifies that he/she is
authorized to execute this Environmental Covenant.
IT IS SO AGREED:
Alliant Techsystems Inc. by and through its subsidiary, ATK Launch Systems Inc.
By: Date
Its:
893932.2
Environmental Covenant
Alliant Techsystems Inc. by and through its subsidiary, ATK Launch Systems Inc. Property
Page 6
STATE OF UTAH )
: ss.
COUNTY OF )
Before me, a notary public, in and for said county and state, personally appeared
, a duly authorized representative of ALLIANT TECHSYSTEMS INC.
BY AND THROUGH ITS SUBSIDIARY, ATK LAUNCH SYSTEMS INC.INC, who
acknowledged to me that he/she did execute the foregoing instrument on behalf of ALLIANT
TECHSYSTEMS INC. BY AND THROUGH ITS SUBSIDIARY, ATK LAUNCH
SYSTEMS INC.
NOTARY PUBLIC
My Commission Expires: Residing at:
Utah Department of Environmental Quality
Division of Solid and Hazardous Waste
Dennis R. Downs, Director Date
Division of Solid and Hazardous Waste
Executive Secretary,
Utah Solid and Hazardous Waste Control Board
STATE OF UTAH )
: ss.
COUNTY OF SALT LAKE )
Before me, a notary public, in and for said county and state, personally appeared Dennis R.
Downs, Director of the Utah Division of Solid and Hazardous Waste and Executive Secretary
of the Utah Solid and Hazardous Waste Control Board, who acknowledged to me that he/did
execute the foregoing instrument.
NOTARY PUBLIC
My Commission Expires: Residing at:
893932.2
Environmental Covenant
Alliant Techsystems Inc. by and through its subsidiary, ATK Launch Systems Inc. Property
Page 7
Utah Department of Environmental Quality
Dianne Nielson, Executive Director Date
Utah Department of Environmental Quality
STATE OF UTAH )
: ss.
COUNTY OF SALT LAKE )
Before me, a notary public, in and for said county and state, personally appeared Dianne
Nielson, the Director of the Department of Environmental Quality, who acknowledged to me
that she did execute the foregoing instrument.
NOTARY PUBLIC
My Commission Expires: Residing at:
89.3932.2
Environmental Covenant
Alliant Techsystems Inc. by and through its subsidiary, ATK Launch Systems Inc. Property
Exhibit "A"
EXHIBIT "A"
The Property
THE FOLLOWING DESCRIBED PARCEL OF PROPERTY LOCATED IN BOX ELDER
COUNTY, STATE OF UTAH:
BEGINNING AT A POINT SOUTH 32''24'28" WEST, 4341.15 FEET FROM THE
NORTHEAST CORNER OF SECTION 9, TOWNSHIP 11 NORTH, RANGE 5 WEST, SALT
LAKE BASE AND MERIDIAN; RUNNING THENCE SOUTH, 17.20 FEET; THENCE
NORTH 87°30'23" WEST, 124.91 FEET; THENCE NORTH 75''13'45" WEST, 67.54 FEET;
THENCE NORTH 65°39'41" WEST, 75.32 FEET; THENCE NORTH 04°46'03" EAST, 34.59
FEET; THENCE SOUTH 82°04'54" EAST, 191.93 FEET; THENCE SOUTH 64°44'39" EAST,
57.40 FEET; THENCE SOUTH 34^37'18" EAST, 24.35 FEET TO THE POINT OF
BEGINNING.
CONTAINING 0.310 ACRE, MORE OR LESS.
893932.2
Environmental Covenant
Alliant Techsystems Inc. by and through its subsidiary, ATK Launch Systems Inc. Property
Page 2
Map of the
Property
M-636
SCALE: 1" = 100"-0'
893932.2
Exhibit A-2
Environmental Covenant
Alliant Techsystems Inc. by and through its subsidiary, ATK Launch Systems Inc. Property
Exhibit "B"
EXHIBIT "B"
Encumbrances
893932.2