DSHW-2015-006989 - 0901a0688053ec98

June 24, 2015
Mr. Scott T. Anderson
Utah Department of Environmental Quality
Division of Solid and Hazardous Waste
288 North 1460 West
Salt Lake City, Utah 84114-4880
s~~-~cLs
Re: Closure and Post-Closure c.tifiieftt~l:tfftftee
ATK Launch Systems-Bacchus Facility UTD001705029
ID.liv,Jsior, of
Solid and Hazardous WastE>
JUN 2 ~ 2015
to\5 -oo0~Bq
ATK Launch Systems-Promontory Facility UTD009081357 ~
ATK Launch Systems-Promontory Landfill #0004R2
Dear Mr. Anderson:
As required by the requirements in 40 CFR 264.143 and 40 CFR 264.144, ATK
Launch Systems is providing signed duplicate original certificates of insurance for
closure and post-closure care for our Bacchus and Promontory facilities. The revised
cost estimates for closure and post-closure care were itemized in our April23, 2015
and June 16, 2015 correspondences. If you have questions on this topic, I can be
contacted at [phone].
I certify under penalty of law that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted. Based on
my inquiry of the person or persons who manage the system, or those persons directly
responsible for gathering the information, the information is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including the possibility of fine
and imprisonment for knowing violations.
Sincerely, ?ce.-
George Gooch
Manager, Environmental Services
cc: David McCleary, DSHW
JeffVandel, DSHW
Hao Zhu, DSHW
Performance Bond
Date bond executed: June 18, 2015
Effective date: June 28, 2015
Principal: Orbital ATK Inc.
45101 Warp Drive,
Dulles, VA 20166
Type of organization: Corporation
State of incorporation: Delaware
Surety: Westchester Fire Insurance Company,
436 Walnut Street,
P.O. Box 1000,
Philadelphia, PA 19103
EPA ID Number: UTD009081357; ATK Launch Systems, Inc., 9160 North Highway 83, Corinne, Utah 84302; closure
cost estimate: $702,245; post-closure cost estimate: $474,372
Total penal sum of bond: $1,176,617.00
Surety's bond number: K09204398
Know All Persons By These Presents, That we, the Principal and Surety(ies) hereto are firmly bound to the Director of the
Utah Division of Waste Management and Radiation Control (hereinafter called Director), in the above penal sum for the
payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally;
provided that, where the Surety(ies) are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum
"jointly and severally" only for the purpose of allowing a joint action or actions against any or all of us, and for all other
purposes each Surety binds itself, jointly and severally with the Principal, for the payment of such sum only as is set forth
opposite the name of such Surety, but if no limit of liability is indicated, the limit of liability shall be the full amount of the
penal sum.
Whereas said Principal is required under the Utah Solid and Hazardous Act, to have a permit in order to own or
operate each hazardous waste management facility identified above, and
Whereas said Principal is required to provide financial assurance for closure, or closure and post closure care, as a
condition of the permit, and
Whereas said Principal shall establish a standby trust fund as is required when a surety bond is used to provide such
financial assurance;
Now, Therefore, the conditions of this obligation are such that if the Principal shall faithfully perform closure, whenever
required to do so, of each facility for which this bond guarantees closure, in accordance with the closure plan and other
requirements of the permit as such plan and permit may be amended, pursuant to all applicable laws, statutes, rules, and
regulations, as such laws, statutes, rules, and regulations may be amended,
And, if the Principal shall faithfully perform post-closure care of each facility for which this bond guarantees post-closure
care, in accordance with the post-closure plan and other requirements of the permit, as such plan and permit may be
amended, pursuant to all applicable laws, statutes, rules, and regulations, as such laws, statutes, rules, and regulations may
be amended,
Or, if the Principal shall provide alternate financial assurance as specified in Sections R315-264-140 through 148, and obtain
the Director's written approval of such assurance, within 90 days after the date of notice of cancellation is received by both
the Principal and the Director from the Surety(ies), then this obligation shall be null and void, otherwise it is to remain in
full force and effect.
The Surety(ies) shall become liable on this bond obligation only when the Principal has failed to fulfill the conditions
described above.
Upon notification by the Director that the Principal has been found in violation of the closure requirements of R315-
264, for a facility for which this bond guarantees performance of closure, the Surety(ies) shall either perform closure in
accordance with the closure plan and other permit requirements or place the closure amount guaranteed for the facility into the
standby trust fund as directed by the Director.
Upon notification by the Director that the Principal has been found in violation of the post-closure requirements of
R315-264, for a facility for which this bond guarantees performance of post-closure, the Surety(ies) shall either perform
post- closure in accordance with the post-closure plan and other permit requirements or place the post- closure amount
guaranteed for the facility into the standby trust fund as directed by the Director.
Upon notification by the Director that the Principal has failed to provide alternate financial assurance as specified in
Sections R315-264-140 through 148, and obtain written approval of such assurance from the Director during the 90 days
following receipt by both the Principal and the Director of a notice of cancellation of the bond, the Surety(ies) shall place
funds in the amount guaranteed for the facility into the standby trust fund as directed by the Director.
The surety(ies) hereby waive notification of amendments to the closure plans, permits, applicable laws, statutes, rules, and
regulations and agrees that no such amendment shall in any way alleviate its (their) obligation on this bond.
The liability of the Surety(ies) shall not be discharged by any payment or succession of payments hereunder, unless and
until such payment or payments shall amount in the aggregate to the penal sum of the bond, but in no event shall the
obligation of the Surety(ies) hereunder exceed the amount of said penal sum.
The Surety(ies) may cancel the bond by sending notice of cancellation by certified mail to the owner or operator and to
the Director, provided, however, that cancellation shall not occur during the 120 days beginning on the date of receipt of
the notice of cancellation by both the Principal and the Director, as evidenced by the return receipts.
The Principal may terminate this bond by sending written notice to the Surety(ies), provided, however, that no such notice
shall become effective until the Surety(ies) receive written authorization for termination of the bond by the Director.
In Witness Whereof, The Principal and Surety(ies) have executed this Performance Bond and have affixed their seals on
the date set forth above.
The persons whose signatures appear below hereby certify that they are authorized to execute this surety bond on behalf of
the Principal and Surety(ies) and that the wording of this surety bond is identical to the wording specified in Subsection R315-
264-151(c) as such regulation was constituted on the date this bond was executed.
Principal
Orbital ATK Inc.
[Corporate seal]
Corporate Surety
Westchester Fire Insurance Company
436 Walnut Street
POBox 1000
Philadelphia, PA 19103
State of Incorporation: Pennsylvania
Limit of Liability: $1,176,617.00
Ann. Higgins, Attorney In-Fact
Premium: $11,766.00
Power of
Attorney
WESTCHESTER FIRE INSURANCE COMPANY
Know all'men by these presents: That WESTCHESTER FIRE INSURANCE COMPANY, a corporation ofthe Commonwealth of Pennsylvania pursuant to the
following Resolution, adopted by the Board of Directors ofthe said Company on December If, 2006, to wit:
"RESOLVED, that the following authorizations relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognisances, contracts and other written commitments ofthe Company
entered inlo theordinafy course ofbusineSS (eacli a"Written Commitment")
(!) Each ofthe Chairman, the President and Ihe Vice Presidents ofthe Company is hereby authorized to execute any Wntten Commitment forand on behalf of the Company, under the seal of the Company or
otherwise.
(2) Each duly appointed attomey-in>fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise, to the extent mat
such action is authorized by the grant of powers provided for in such persons written appointment as such attorney-in-fact, ::
(3) Each ofthe Chairman, the President and the Vice Presidents ofthe Company is hereby authorized, for and on behalf of the Company, to appoint in writing any person the attorney-in-fact ofthe Company with
full power and authority to execute, for and on behalf of the Company, under the seal of the Company or otherwise, such Written Commitments of the Company as may be specified in such written
appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments.
(4) Each ofthe Chairman, the President and Vice Presidents of the Company inhereby authorized, for and on behalf of the Company, to delegate in writing any other officer ofthe Company the authority lo
execute, for and on behalf of the Company. unoV the Company's seal of otherwise, such Written Commitments of the Company as are specified in such wntten delegation, which specification may be by
general type or class of Written Commitments or by specificanon of one or more particular Wntten Commitments
(5) The signature of any officer or other person executing any Wntten Commitment or appointment or delegation pursuant to this Resolution, and the seal ofthe Company, may be affixed by facsimile on such
Wntten Commitment or written appointment or delegation. -
FURTHER RESOLVED, that the foregoing Resolution shall not be deemed lo be an exclusive statement of the powers and authonty of officers, employees and other persons to act for and on behalf of the
Company, and such Resolution shall not limit or otherwise affect the exercise of any such power or authonty otherwise validly granted or vested.
Does hereby nominate, constitute and appoint Ann Higgihs, Michele L Grogan, Robin Rutlin, Tasha Gordon-Jackson, Tim Boberg, all of the City of MINNEAPOLIS,
Minnesota, each individually if there be more than one named, its true and lawful attorney-in-fact, to make, execute, seal and deliver on its behalf, and as its act and
deed any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof in penalties not exceeding Twenty Five million dollars & zero
cents ($25,000,000.00) and the execution of such writingsih pursuance of these presents shall be as binding upon said Company, as fully and amply as if they had been
duly executed and acknowledged by the regularly elected officers of the Company at its principal office,
UN WITNESS WHEREOF, the said Stephen M. Haney, Vice-President, has hereunto subscribed his name and affixed the Corporate seal ofthe said WESTCHESTER
FIRE INSURANCE COMPANY this 24 day of September 2014.
WESTCHESTER FIRE INSURANCE COMPANY
Stephen fci.Ttaaey. Vice rVetidem
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF PHILADELPHIA ss.
On this 24 day of September, AD. 2014 before trie, a Notary Public ofthe Commonwealth of Pennsylvania in and for the County of Philadelphia came
Stephen M. Haney .Vice-President ol the WESTCHES1 ER FIRE INSUR \NC1 C OMPANY to me personally known to be the individual and officer who executed
the preceding instrument, and he acknowledged that he executed the same, and that the seal affixed to the preceding instrument is the corporate seal of said Company;
that the said corporate seal and his signature were duly affixed by the authority and direction of the said corporation, and that Resolution, adopted by the Board of
Directors of said Company, referred to in the preceding instrument, is now m force.
IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my official seal at the City of Philadelphia the day and year first above written.
COeeMoaiWeVU.™ Of t>a»>)ITLVAHU
NOTARIAL SEAL
( NuCa.r rVNIf
I, the undersigned Assistant Secretary ofthe WESTCHESTER FIRE INSURANCE COMPANY, do hereby certify that the original POWER OF ATTORNEY, of
which the foregoing is a substantially true ami correct copy, is in full force and effect.
In witness whereof, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of the Corporation, this \ 8 day of June 2015
William I. Ktli}. Assistant px.-KVry^f
THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER September 24, 2016.
THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION.
ACKNOWLEDGMENT BY SURETY
STATE OF Minnesota
County of Hennepin } ss.
On this 18th
appeared Ann Higgins
day of June 2Q15 , before me personally
, known to, me to be the Attorney-in-Fact of
Westchester Fire Insurance Company
, the corporation
that executed the within instrument, and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, tbe^iay and
year in this certificate first above written.
MICHAEL B RIPLEY
NOTARY PUBLIC - MINNESOTA
MY COMMISSION EXPIRES 01/31/172 Publ the State ota Notary
County of Hennepi
S-0230/GE 10/99
XDP