DSHW-2009-012335 - 0901a0688013edf4

11 October 2007
8200-FY08-038
Mr. Dennis R. Downs, Executive Secretary
State ofUtah Department ofEnvironmental Quality
Division of Solid and Hazardous Waste
288N.1460W.
P.O. Box 144880
Salt Lake City, Utah 84114-4880
Attention: Jeff Vandel
Subject: M-508 Deed Restriction
OCT 15 2007
SOI /n^ru.yi^'S'ON Ot
Dear Mr.Downs:
Attached is a draft ofthe deed restriction for the M-508 disposal site. 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 if you have any questions conceming this report. My telephone
number is [phone] or you can contact Blair Palmer at [phone].
Sincerely
David P. Gosen, P.E., Director
Environmental Services
Enclosures: Draft Environmental Covenant for M-508 Disposal Site
DRAFT
October 9,2007
10:13 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 Quaiity
Division of Solid and Hazardous Waste
P.O. Box 144880
Sah 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, Sah 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-508 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 ofthese past disposal activities, soil in the disposal area was contaminated with silver.
A map depicting the extent ofthis contamination is included in Exhibit "A", attached hereto and
incorporated by reference herein. Soil sampling was conducted which detected maximum silver
concentrations of 776 mg/kg.
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 silver concentration at the site is above the residential PRG for
silver (390 mg/kg), but beiow 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 soii containing silver is incidentally
893932.2
Environmental Covenant
ATK Launch Systems Inc. Property
Page 2
ingested. Based on this evaluation, DSHW approved closure of the site based on "industriai
use."
The administrative record for this project consists ofthe ciosure docimients for unit M-508 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. Environmentai Covenant. This instmment is an environmental covenant developed and
executed pursuant to Utah Code Aim. §§ 57-25-101 et seq.
2. Propertv. This Environmentai Covenant concerns an approximately .575 acre tract of
real property owned by Owner, located at Owner's site, in Box Eider County, Utah, and more
particularly described in Exhibit A ("Property"). A map depicting the Property is also attached
aspart of 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 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 shail not be used for residential or day care purposes; and 2)
no soil shali 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
shali 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 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 Environmentai Covenant shall be binding upon the Owner
and all assigns and successors in interest, inciuding 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 fiature
owner of any interest in the Property or any portion thereof, inciuding, but not iimited to, owners
ofan 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
893932.2
Environmental Covenant
ATK Launch Systems Inc. Property
Page 3
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 controi 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 persormel 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 controi 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 Environmental Covenant, and provide the recorded iocation 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 soii shaii be removed from the
Property without the prior approval of the Executive Secretary of the Utah Solid
and Hazardous Waste Control Board.
Owner shali 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 wartants to the other
signatories hereto:
(a) that the Owner is the sole owner ofthe 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;
893932.2
Environmental Covenant
ATK Launch Systems Inc. Property
Page 4
(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
tliis 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 Environmentai 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 appiicabie 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 aii other obligations under this Environmental Covenant.
This Environmental Covenant may be amended or terminated oniy by a written
instmment duly executed by the DEQ, the Owner and the current Transferee of the Property or
portion thereof, as applicable. Within ttiirty (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 ofUtah.
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.
893932.2
Environmental Covenant
ATK Launch Systems Inc. Property
Page 5
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 ofEnvironmental 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 Environmentai Covenant.
IT IS SO AGREED:
ATK Launch Systems Inc.
By: Date
Its:
893932.2
Environmental Covenant
ATK Launch Systems Inc. Property
Page 6
STATE OF )
: ss.
COUNTY OF )
Before me, a notary pubiic, 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 ofthe 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:
893932.2
Environmental Covenant
ATK Launch Systems Inc. Property
Page 7
Utah Department of Environmental Quality
Rick Sprott, Executive Director Date
Utah Department of Environmentai Quality
STATE OF UTAH )
: ss.
COUNTY OF SALT LAICE )
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 instmment.
NOTARY PUBLIC
My Commission Expires: Residing at:
893932.2
Environmental Covenant
ATK Launch Systems Inc. Property
Exhibit "A"
EXHIBIT "A"
The Property
M-508 Waste Site Drain Field
Legal Description
A Waste Site Disposal Drain Field from Building M-508 located in the Northwest Quarter of
Section 4, in Township 11 North, Range 5 West, Salt Lake Base and Meridian, Box Elder
County, Utah, described as follows:
COMMENCING AT the Northeast Comer of Section 4, Township 11 North, Range 5 West, Salt
Lake Base and Meridian; thence along the east line of said Section 4 South 00°46'30" East
1107.61 feet and West 4184.92 feet to a 1-1/2" Brass Cap stamped "M-508 SW Comer Waste
Site", said Brass Cap being the point of BEGINNING; thence North 110.00 feet; thence East
180.00 feet; thence South 180.00 feet; thence West 75.00 feet; thence North 70.00 feet; thence
West 105.00 feet to the point of BEGINNING, containing 25050 square feet or 0.575 acres.
Prepared By: John B. Stahl, PLS
Date: July 24, 2008
Comerstone Professional Land Surveys, Inc.
P.O. Box 901617
Sah Lake City, Utah 84090
[phone]
[phone] fax
893932.2
Environmental Covenant
ATK Launch Systems Inc. Property
Page 2
Map of the Property
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(mi)na-*m rti (»ssj*»-*3ei
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M50B Vaste Site Drain field Site Piaa
ATK Ttito^ol ProoufMfan
sax M-t Ktttiwat
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fnjtrl AiUrtan Utff tlorUt JBtinr Ate t3
Aid/^rt /je»m»i?A» A T. tt K., car.. jgj-a<«
893932.2
Exhibit A-2
Environmental Covenant
ATK Launch Systems Inc. Property
Exhibit "B"
EXHIBIT "B"
Encumbrances
893932.2