DSHW-2008-004804 - 0901a068801585d2

HAND DELIVERED
SEP 2 li 2008
^9O'OTYOQ 04^^ UTAH DIVISION OF
8200-FY09-041 SOLID & HAZARDOUS WASTF
Mr. Dennis R. Downs, Executive Secretary " -^'^
State of Utah Department of Environmental Quality
Division of Solid and Hazardous Waste
288N.1460W.
P.O.Box 144880
Salt Lake City, Utah 84114-4880
Attention: Jeff Vandel
Subject: M-136 Liquid Thermal Treatment Areas (LTTAs) Environmental
Covenant/Deed Restriction
Dear Mr.Downs:
Enclosed is the environmental covenant/deed restriction for the M-136 Liquid
Thermal Treatment Areas (LTTAs) disposal sites. Following your review and notarized
signature it can then be recorded with the Box Elder County Recorder.
Once we receive the signed and notarized environmental covenant/deed restriction, we
will mail you a recorded and date-stamped copy ofthe M-136 LTTAs Environmental
Covenant that has been recorded with Box Elder County Recorder.
Please contact me if you have any questions conceming this report. My telephone
number is [phone] or you can contact Blair Palmer at [phone].
Sincerely
^^^ y-lr^M^/^i^
David P. Gosen, P.E., Director
Environmental Services
Enclosures: Environmental Covenant for M-136 Liquid Thermal Treatment Areas
(LTTAs) Disposal Site
To be recorded with Countv
Recorder - Utah Code Ann S 57-25-108
When Recorded Retum To:
ATK Launch Systems Inc.
P.O. Box 707,
Brigham City, Utah 84302-0707
With Copy To:
Dennis R. Downs, Executive Secretary
Utah Solid and Hazardous Waste Control Board
P.O. Box 144880
Salt Lake City, UT 84114-4880
ENVIRONMENTAL COVENANT
1. 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 Executive
Secretary-DSHW of the Utah Solid and Hazardous Waste Control Board (Executive
Secretary) of P.O. Box 144880, Salt Lake City, UT 84114-4880 pursuant to Utah Code Ann. §§
57-25-101 et seq. for the purpose of subjecting the Property described in paragraph 7, below, to
the activity and use limitations set forth herein.
Recitals
2. Owner owns a parcel of land located in Box Elder County, Utah, which was the site of
twelve hazardous waste management units refened 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 et seq.
3. As a result of these past disposal activities, soil in the disposal area was contaminated
with the 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.
4. These twelve Heizardous Waste Management Units were closed with waste in place and
capped. Therefore, land use at these locations is restricted pursuant to Utah Administrative Code
R315-8-7. The post-closure requirements for these sites are regulated by a Post-Closure Permit.
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 ofa 24-inch clay-
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ATK Launch Systems Inc. Property M-136
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 months. These covers are graded at either 3
or 4 percent to provide a positive drainage path to the area ditches.
5. The administrative record for this project consists ofthe closure documents for the twelve
Liquid Thennal 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 the Executive Secretary agree to the following:
6. Environmental Covenant. This instmment is an environmental covenant developed and
executed pursuant to Utah Code Ann. §§ 57-25-101 et seq.
7. Property. This Environmental Covenant concerns 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
as part of Exhibit A.
8. Owner. ATK Launch Systems Inc. ("Owner"), whose mailing address is P.O. Box 707,
Brigham City, Utah 84302-0707 is the owner ofthe Property.
9. Holder. Owner, whose address is listed above, is a holder of this Environmental
Covenant.
10. Activity and Use Limitations. As part ofthe closure ofa 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 any purpose that will disturb the
integrity ofthe twelve LTTA caps or drainage ditches; and 2) no soil shall be removed from the
Property without the prior approval of the Executive Secretary. 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 Executive Secretary 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 ofthe activity and use limitations within sixty (60) (iays of
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ATK Launch Systems Inc. Property M-136
becoming aware of the event or action, or such other time frame as may be agreed to by the
Owner or Transferee and the Executive Secretary.
11. Running with the Land. This Environmental Covenant shall be binding upon the Ovwier
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 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.
12. 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 Executive Secretary from exercising any authority under applicable
law.
13. Rights of Access. Owner hereby grants to the Executive Secretary, his agents,
contractors, and employees the right of access to the Property for implementation or enforcement
ofthis Environmenta] 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 the Executive Secretary, his employees and contractors, shall require all such
persons to sign in at the designated security facility and comply with the Owner's safety and
security standards. 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 efforts to provide the Executive Secretary suitable access to the
Property for evaluation ofthe implementation and enforcement purposes from time to time.
While the Executive Secretary and his representatives will comply with Owner's reasonable
safety and security requirements, nothing in this Environmental Covenant limits his authority to
enter and inspect the property under Utah Code Ann. 19-6-109.
14. 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 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 , 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
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ATK Launch Systems Inc. Property M-136
FOLLOWING ACTIVITY AND USE LIMITATIONS: 1) the Property shall not
be used for any purpose that will disturb the integrity of the twelve LTTA caps or
drainage ditches; 2) no soil shall be removed from the Property without the prior
approval of the Executive Secretary.
15. Owner shall notify the Executive Secretary 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 ofthe property being transfened.
16. Representations and Wananties. Owner hereby represents and wanants to the other
signatories hereto:
(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 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-I03(4)(a)
and the subordination agreement(s) (attached hereto as Exhibit C; [or] recorded at . ).]
17. 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
Executive Secretary 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
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ATK Launch Systems Inc. Property
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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Environmenta] Covenant
ATK Launch Systems Inc. Property M-136
elimination of all activity and use limitations set forth herein and all other obligations under this
Environmental Covenant.
18. This Environmental Covenant may be amended or terminated only by a written
instniment duly executed by the Executive Secretary, the Owner and the cunent Transferee of
the Property or portion thereof, as applicable. Within thirty (30) days of signature by all
requisite parties on any amendment or termination ofthis 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 instmment to the Executive Secretary.
19. 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.
20. Goveming Law. This Environmental Covenant shall be govemed by and interpreted in
accordance with the laws ofthe State of Utah.
21. 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 manner as a deed to the Property, with the Box Elder County Recorder's Office.
22. 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.
23. Distribution of Environmental Covenant. The Owner shall distribute a file- and date-
stamped copy ofthe recorded Environmental Covenant to the Executive Secretary.
24. Notice. Unless otherwise notified in writing by or on behalf of the current ovmer or the
Executive Secretary, any document or communication required by this Environmental Covenant
shall be submitted to:
Dennis R. Downs, Executive Secretary
Utah Solid and Hazardous Waste Control Board
P.O. Box 144880
Sah Lake City, Utah 84114-4880
and
ATK Launch Systems Inc.
P.O. Box 707,
Brigham City, Utah 84302-0707
The undersigned representative of Owner represents and certifies that he/she is
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EXHIBIT "C"
Encumbrances
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ATK Launch Systems Inc. Property M-136
authorized to execute this Environmental Covenant.
IT IS SO AGREED:
ATK Launch Systems Inc.
Date
Its: Fxpcutive Vice President &
General Manager
STATE OF UTAH )
COUNTY OF O^Mi^fe )
Ke Before me, a notary public, in and for said county and state, personally appeared
[lit] L}'i)fA(Y\H\^ a duly authorized representative of ATK Launch Systems Inc., who
acknowledged to nte that he/she did execute the foregoing environmental covenant conceming
ATK Launch Systems Inc. property commonly refened to as M-136 on behalf of ATK Launch
Systems Inc.
NOTARY PUBLIC
NOMNVPUMJC
BUtNMOCOWN
My ComflTi55itni^fl>ft^S?'
I fflHvB SfftuhtciKUTMtn
I
MtUhtOtoil
STATE OF UIM
Residing at:
LMTAA
Intentionally left blank
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Environmental Covenant
ATK Launch Systems Inc. Property M-136
Utah Solid and Hazardous Waste Control Board
Dennis R. Downs, Executive Secretary Date
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, Executive Secretary of the Utah Solid and Hazardous Waste Control Board, who
acknowledged to me that he/did execute the foregoing envinronmental covenant conceming
ATK Launch Systems Inc. property, commonly refened to as M-136.
NOTARY PUBLIC
My Commission Expires: Residing at:
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Environmental Covenant
ATK Launch Systems Inc. Property
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
Beginning 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 soutii T 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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ATK Launch Systems Inc. Property M-136
Map of the Property
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J
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HAZARDOUS
WASTE AREA
CC7 M--::6 WASTE SOLVE'^T PIT 4i:< {1S'X3;') ^"-;;
CC3 M-i;v] SOLVENT PIT jTl 1 (iV DIA.VETER)
Oi.W U-iMi I^ITRATE PIT ii«) (ccnliiiieil with pit f^l ;:;i|;)
OIC M-i:^6 AP PIT #2i ' (2'5'i<:!7'}
or M-'3u HW.X TRUCK "'.VSH CUT PIT ^22 f2j'xi'?';
012 M-13C HMX POND f2b (2'l'X'19'f "
O',.'; M-13D HMX POND 0.'' {?.']'>:')?']
Oii M-liC HMX l-X'ND F2J ('M'XAr)
015 M-liC WEST SOiJlUM AV|i)E °IT ^26E (H'>'^«')
016 U-:36 LOWER SODIUM AZIDE PIT ;3a\An';
"'7 M-'3C PSC"'ELLANT iV.ASTE '.VATEK'PIT f27\ (Bl'yiOi''
Gii^ M-ii6 P^O'ELLANT V;ASTE WATER PIT y27S rK\iC2']
S5.S3
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!/351A
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I FEO 2003 I M-l.;& LTIA'S
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