DSHW-2008-002329 - 0901a0688013e83f

HAND DEUVERED
APR 0 1 2008
1 April 2008 ,^. .UTAH DIVISION OF
8200-FY09-001 SOLID & HAZARDOUS WASTE
O^.OIQOG
Mr. Dermis 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
Attention: Jeff Vandel
Subject: M-136 Liquid Thermal Treatment Areas (LTTAs) Deed Restriction
Dear Mr.Downs:
Attached is a draft ofthe deed restriction for the M-136 Liquid Thermal
Treatment Areas (LTTAs) disposal sites. Please review and retum your concurrence or
comments to Blair Palmer. Following your review the deed restriction will be finalized
and retumed to the Division of Solid and Hazardous Waste (DSHW) for notarized
signatures and then recorded with the Box Elder County Recorder.
Please contact me ifyou have any questions conceming this report. My telephone
number is [phone] or you can contact Blair Palmer at [phone].
Sincerely
C-^
David P. Gosen, P.E., Direcfor
Environmental Services
/
Enclosures: Draft Environmental Covenant for M-136 LTTAs Disposal Sites
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 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 ("DEQ") pursuant to Utah Code
Aim. §§ 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 the site of twelve
hazardous waste management units referred to as the Liquid Thermal Treatment Area (LTTA's)
contained within the M-136 buming grounds, and formerly used for disposal of wastewater
generated from the manufacturing of solid rocket motors and other energetic products, 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 etseq.
As a result of these past disposal activities, soil in the disposal area was contaminated with
compounds that are listed in Exhibit "B". A map depicting the location of the twelve disposal
sites located within the M-136 buming grounds is included in Exhibit "A", attached hereto and
incorporated by reference herein.
These twelve sites have been capped. The caps consist of a two layer cap, which acts to
minimize infiltration, and which can safely conduct runoff from the cover without erosion.
Specifically, the cover consists of a 24-inch clay-bentonite layer and a 6-inch rip-rap rock layer.
The clay-bentonite layer was selected to reduce infiltration of the gavelly-loam soil, which has a
permeability of 2 to 6 inches/hour. The clay-bentonite layer reduces the permeability to less than
1x10"^ cm/sec. Additionally, the rip-rap rock layer was selected to protect the clay layer from
erosion in lieu of a vegetative cover, as vegetation can become a fire hazard during the dry
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ATK Launch Systems Inc. Property
months. These covers are graded at either 3 or 4 percent to provide a positive drainage path to
the area ditches.
The adminisfrafive record for this project consists ofthe closure documents for the twelve Liquid
Thermal Treatment Areas (LTTA's) contained within the M-136 Buming Grounds 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. Propertv. This Environmental Covenant concems an approximately 0.669 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 ("Propertv"). A map depicting the Property is also attached
aspartof Exhibit A.
3. Owner. ATK Launch Systems Inc. ("Owner"), whose mailing address is P.O. Box 707,
Brigham City, Utah 84302-0707 is the owner ofthe Property.
4. Holder. Owner, whose address is listed above, is a holder of this Environmental
Covenant.
5. Activitv and Use Limitafions. 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
ofthe 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 of the activity and use limitations, Owner or Transferee
shall notify the DEQ within thirty (30) days of becoming aware ofthe 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 ofthe 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 mn with the land,
pursuant to Utah Code Ann. § 57-25-105, subject to amendment or termination as set forth
herein. The term "Transferee," as used in this Environmental Covenant, shall mean any fiiture
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.
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7. Compliance Enforcement. Compliance with this Environmental Covenant may be
enforced pursuant to Utah Code Aim. § 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 persoimel 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 instmment 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 Enviroimiental 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 , 200_, RECORDED IN
THE DEED OR OFFICIAL RECORDS OF THE BOX ELDER_COUNTY
RECORDER ON , 200_, 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 ofthe 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 ofthe property being transferred.
10. Representations and Warranties. Owner hereby represents and warrants to the other
signatories hereto:
(a) that the Owner is the sole owner ofthe Property;
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ATK Launch Systems Inc. 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 rights 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 instmment to which Owner
is a party or by which Owner may be bound or affected; and
(f) 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 ofall 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
instmment duly executed by the DEQ, the Owner and the current Transferee of the Property or
portion 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 instmment for recording with the County Recorder's Office, and shall provide a file- and
date-stamped copy ofthe recorded instmment 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. Goveming Law. This Environmental Covenant shall be govemed by and interpreted in
accordance with the laws ofthe State of Utah.
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14. Recordation. Within thirty (30)days after the date ofthe final required signature upon
this Environmental Covenant, Owner shall file this Environmental Covenant for recording, in
the same marmer as a deed to the Property, with the Box Elder County Recorder's Office.
15. Effective Date. The effective date ofthis 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 ofthe 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:
ATK Launch Systems Inc.
By: Date
Its:
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Environmental Covenant
ATK Launch Systems Inc.
STATE OF
COUNTY OF
Property
)
)
SS
Before me, a notary public, in and for said county and state, personally appeared
, a duly authorized representative of ATK LAUNCH SYSTEMS INC.,
who acknowledged to me that he/she did execute the foregoing instmment on behalf of 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 instmment.
NOTARY PUBLIC
My Commission Expires: Residing at:
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Exhibit "A"
EXHIBIT "A"
The Property
M-136 Buming Grounds
Legal Description
Note: the twelve Liquid Thermal Treatment Areas (LTTA's) are contained within the M-136
Buming Grounds described below
Begiiming at the southwest comer of Section 8, Township 11 North, Range 5 West, bases of
bearing on an assumed line tme north to the northwest comet of Section 8, Township 11 North,
Range 5 West, thence 4678.0 ft south 44° 02' 41" east, 3432.7 ft south 38° 15' 24" east, 2514.5 ft
south 14° 49' 57" east, 819.8 ft south 30° 59' 25" east to the northeast fence post ofthe M-136
buming pits, along fence 308.9 ft south 7° 39' 57" east, along fence 418.3 ft south 83° 05' 21"
west, along fence 156.3 ft south 8° 14' 17"east, along fence 704.6 ft south 81° 08' 40" west, along
fence 234.5 ft south 4° 09' 19"east, 1343.5 ft south 76° 03' 49" west, along fence 998.0 ft north
8° 35' 32" west, along fence 1393.0 ft north 81° 21' 33" east, along fence 57.0 ft north 1° 33' 12"
west, along fence 659.0 ft north 81° 14' 04" east, along fence 204.6 ft south 8° 52' 41" east, along
fence 426.4 ft north 86° 32' 39" east to the northeast fence post, 819.8 ft north 30° 59' 25" west,
2514.5 ft north 14° 49' 57" west, 3432.7 ft north 38° 15' 24" west, 4678.0 ft south 44° 02' 41"
west to beginning.
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Map of the Property
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Exhibit "B"
EXHIBIT "B"
Compounds disposed of in the twelve LTTA's
Solvents
1,1,1 trichloroethane
1.1 dichloroethane
1.2 dichloroethane
Trichloroethylene
1,2 dichloroethylene
Dichloromethane
Trichloromethane
Trichlorotrifluoroethane
Toluene
Acetone
Methyl Ethyl Ketone
Isopropyl Alcohol
2-Butanol
1,4-Dioxane
1,3-Dioxolane
1,2-Butadiene
Nitromethane
Butylene Oxide
Metals
Cadmium
Chromium
Lead
Silver
Ammonium Perchlorate
HMX
NG
sodium azide
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EXHIBIT "C"
Encumbrances
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