DSHW-2009-008250 - 0901a0688013b3cf

HAND DELIVERED Launch Systems Group
P.O. Box 707
Brigham City, UT 84302
OCT 0 3 2007 www.atk.com
UTAH DIVISION OF
2 October 2007 SOLID & HAZARDOUS WASTE
8200-FY08-036 0*1 02.'^?>'1
Mr. Dennis R. Downs, Executive Secretary
State of Utah
Department of Environmental Quality
Division ofSolid and Hazardous Waste
288N.1460W.
P.O. Box 144880
Salt Lake City, Utah 84114-4880
Subject: Environmental Covenant for DSWH Signatures, M-636 site ATK Launch Systems
Promontory Facility, EPA ID #UTD009081357
Dear Mr. Downs
Attached, please find the signed original environmental covenant for the M-636 site at the ATK
Launch Systems Promontory Facility. Once the two signature blocks have been signed please return
the original document to ATK for recording at the Box Elder County Court House. A copy ofthe
recorded document will be sent to your office.
If you have quesdons regarding this document, please contact Paul Hancock at [phone].
Sincerely,
David P. Gosen, P.E., Dir
Environmental Services
When Recorded Retum To:
ATK Launch Systems Inc.
P.O. Box 707,
Bngham 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 Aliiant Techsystems Inc. by and
through its subsidiary, ATK Launch Systems Inc., a Delaware corporation, of P.O. Box 707,
Brigham City, Utah 84302-0707 (pwnef) 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 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 ExhibifA',
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 (PRG^Q. PRGs arc risk-based concentrations considered by EPA and DSPTW
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
Aliiant Techsystems Int.:. by and through its subsidiary, ATK Launch Systems Inc. Properly
Page 2
cadmiuni (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
i.s expected to be protected if site use is limited to industnal. 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 ofthe 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, SaU 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 lo Ulah 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 Ownei's site, in Box Elder County, Utah, and more
particularly described in Exhibii A (PropertV). A map depicting the Property is also attached as
part ofExhibit A.
3. Owner. Aliiant Techsystems Inc. by and through its subsidiary, ATK Launch Systems
Inc. COvmef), 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. Activify 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: I) 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 aclion 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 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 teiTnination as set forth herein.
The term 'Transferee^' as used in this Environmental Covenant, shall mean any future owner of
8939.12.2
Environmental Covenant
Aliiant Techsystems Inc. by and through its subsidiary, ATK Launch Systems Inc. Properly
Page 3
any interest in the Property or any portion thereof, including, but not limiled 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 partys
light 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 Owners property shall be through such
contractor gates and control points as advised by Owner from lime 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 Ownefs safety and security standards as advised and
revised from time to time. All peisons leaving the Ownei'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 piovide the recorded locution of this
Environmental Covenant. The notice shall be substantially in the following form:
THE INTEREST CONVEYED HEREBY IS SUBIECT 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 ENVlRONkENTAL COVENANT CONTAINS THE
FOLLOWING ACTIVITY AND USE LIMITATIONS: I) 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 ofthe property being transferted.
10. Representations and Wairanties. Owner hereby represents and wanants to the other
signatories hereto:
!i93932.2
Environmental Covenant
Alliaiii Techsystems Inc. by and through ils 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 idenlified in Exhibit'E'attached hereto and incoiporated by reference
herein;
(c) that the Owner has the power and authority to enter into this Environmental
Covenant, to grant the nghts and interests herein provided and to caiTy 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 peisons of the Ownefs 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
(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 cun"ent Transferee and the DEQ,
pursuant to Utah Code Ann. § 57-25-110 and olher 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 cuirent Transferee of the Property or
portion thereof, as applicable. Within thirty (30) days of signature by all requisite parties on any
amendment or tennination of this Environmental Covenant, the Owner or Transferee shall file
such instrument for recording with the County Recordei^s Office, and shall provide a file- and
dale-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. Goveming Law. This Environmental Covenant shall be govemed by and inteipieted in
accordance with the laws of the State of Utah.
893932.2
Environmental Covenant
Aliiant Techsystems Inc. by and through its subsidiary, ATK Launch Systems Inc. Piopcity
Pages
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 Counly Recordei's Office.
15. Effective Date. The effective dale of this Environmental Covenant shall be the date upon
which the fully executed Environmental Covenanl has been recorded as a document of record for
the Property with the Box Elder County Recorder.
16. Distnbution of Environmental Covenant, The Owner shall distribute a file- and date-
stamped copy of the recorded Environmental Covenanl to the DEQ.
17. Notice. Unless otherwise notified in writing by or on behalf of the cuirent 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:
Aliiant Techsystems Inc. by and through its subsidiary, ATK Launch Systems Inc.
By: fak ^.^ofS Date
Its: ^•^^o-^ \/\t'^\^1^'^^^v-^ ^ &e^P''i-\Ci;\....<-.<,A
'Ma
893932.,
Environmental Covenant
Aliiant Techsystems Inc. by and through its siibsicli.iry, ATK Launch Systems Inc. Property
Page 6
V^^
STATE OF
: ss.
COUNTYOF[VW\q)iA )
n Ik m » m LHANIB.CHRefrOPHB1SON
NolayPubSc
Mimesota
H^CdrtrMonfitteJa 31.2009 '
Befote me, a notary public, in and for said county and stale, personally appeared
Ke A 0 .^o^^ a duly authorized representative of ALLIANT TECHSYSTEMS INC.
BY AND THROUGH ITS SUBSIDIARY, AIK 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.
My Commission Expires: l/^i / "^ryt
Utah Department of Environmental Quality
Division of Solid and Hazardous Waste
Dennis R. Downs, Director
Division of Solid and Hazardous Waste
Executive Secretary,
Utah Solid and Hazardous Waste Control Board
NOTARYPUBLIC '
Residing at:
^jiifj^'r
Date
STATE OE UTAH
ss.
COUNTY OF SALT LAKE )
Before me, a notary public, in and for said counly and state, personally appeared Dennis R.
Downs, Director of the Utah Division of Solid and Hazardous Waste and Executive Secretary
ofthe 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.:
Environmental Covenant
Aliiant Techsystems Inc. by and through its subsidiary, ATK Launch Systems Inc. Properly
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 rhe foregoing instrument.
NOTARY PUBLIC
My Commission Expires: Residing al:
89.3932 2
Environmental Covenanl
Aliiant Techsystems Inc. by and through its subsidiary, ATK Launch Systems Inc. Properly
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°3a23'WEST, 124.91 FEET; THENCE NORTH 75°13'45'WEST, 67.54 FEET;
THENCE NORTH 65°394r' '^VEST, 75.32 FEET; THENCE NORTH 04°4&03' EASI, 34.59
FEET; TFIENCE SOUTH 82"04'54'EAST, 191.93 FEET; THENCE SOUTH 64''44'39'EAST,
57.40 FEET; THENCE SOUTH 34°3718' EAST, 24.35 FEET TO THE POINT OF
BEGINNING.
CONTAINING 0.310 ACRE, MORE OR LESS.
893932.2
Environmental Covenanl
Aliiant Techsystems Inc. by and through its subsidiary, ATK Liiunch System.s Inc. Property
Page 2
Map of the
Property
M = 636
SCALE; 1" = 100'-0'
893932.2
Exhibit A-2
Environmental Covenant
Aliiant Techsysiems Inc. by and through its subsidiary, AIK Launch Systems Inc. Properly
Exhibit "B"
EXHIBIT "B"
Encumbrances
893932.2