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Home My WebLink AboutDERR-2024-010230(i'l'-:t' i MEMORANDUM OF UNDEHSTAI.JDING ; Kennecott Utah Gopper Corporation i Utah Department of Environmental Qr.rality' U.S. Environmental Protection Agency 0c1' 2is INTRODUCTION -. . ln the fall of '1990, the U. S. Environmental Piotection'Agency (EPA) began to compile data for the purposes of preparing documentation to determine if the properties owned by Kennecott Utah Copper Corporation (KUC) and nearby impacted properties should be listed on the National Priorities List (NPL) of sites eligible for federal cklanijp funding under the Comprehensive Environmental Response, Compensation, and Liability'Act of 1980, as amended in 1986 by the Superfund Amendments and Reauthorization Act. After the parties could not agree on the'terms of a sile-wide Consent Decree, EPA proposed two sites, the Kennecott North Site and the Kennecott South Site, for listing on the NPL in January 1994. Beginning in early 1991, KUC began to cooperate with EPA and the Utah Department of Environrnental Quality (UDEO) in identifying the environmental problems associated with these Sites, studying these problems, and developing work plans with EPA to remediate them. Twenty-two operable units have been identified and progress has been made on all of them (see attached table). ln addition, KUC has participated with EPA, UDEQ, and others in a Groundwater Technical Review Committee, the Risk Assessment Task Force, and the Ecological Technical Advisory Group. KUC has finalized a settlement of a Natural Resource Damage Claim for damages to groundwater with the state trustee. KUC is conducting studies to determine the ecological risks associated with historical.and current mining activities. Finally, KUC has participated with EPA and UDEQ in evaluating several Administrative Reforms designed to increase public participation and streamline cleanup decisions. ln summary, KUC has shown ample evidence of good faith through substantial progress toward a complete cleanup of their sites in the Oquirrh Mountains. Although there are substaniial cleanup activities yet to be performed, EPA and UDEQ now have sutficient evidence that cleanups by KUC can be perforrned without making a final listing decision. This document represents the understandings reached by EPA, UDEQ, and KUC. In exchange for KUC's agreement to continue spe.cified cleanup activities e[ lhe sites, EPA agrees not to proceed with a decision iegarding final listing of KUC properties in the Oquirrh Mountains on the NPL or equivalent list. KENI'IECOTT UTAH COPPER AGHEE$'l'0: : : . ' :lr:". 1. Complete the RI/FS on the $outh Zone Grounciwater probiems vrithin the next two and one-half years. '' 2. Complete a'lemosdf'action un tfrs Waitewater Tre.atmenl:Ph* Sludge ;Ponds ' ' , withrn ihree 1,63is of completion of ihe repository. Thls actign,vuilljiFclude cunptty iAentified smelter and ref'Htqrl soits :rThe soiis cleal,rup at the Snteiter and refinery may be extendeci in scope and d_lrralton it adc.liBional cbntamiriaidd soils that. require cleanup are-f6und,u r.. ri ji.'. i : ' 3. Complete the South Jordan Evaporation Ponds cleanup within one year. 4. Start a BI/FS on the North Zone groundwater problems (e.g. originating at the refinery and smelter sites) within one year of completion of tne eco)of,icat inO human health risk assessments, if such an HI/FS is shown necessary based on ecologicat and human health risk assessments. This RI/FS should be completed within 3 years atter the start. 5. Continue groundwater source control measures at the Bingham Canyon Mine waste rock dumps and other KUC facilities under the auspices ol the UDEQ. 6. Complete environmental assessments of currently identified on-site historic lacilities and their associated wastes and conduct cleanups of these wastes if shown necessary by the ecological and human health risk assessments. 7. Completion of the currently-defined ecological risk assessment studies and development of recommendations within one year. The scope and/or schedule may be extended pending review of results from ongoing studies. Items 1 - 4 will be completed pursuant to agreed-upon work plans and separately-negotiated Administrative Orders on Consent. The time frames referenced in the items listed above represent current best estimates and may be extended only by mutual consent of all parties. All work items are subject to review and approval by EPA and/or UDEQ as appropriate. THE U.S. ENVIRONMENTAL PROTECTION AGENCY AGREES TO: 1. Take no further action relating to the final listing of the Kennecott North Zone anO the Kennecott South Zone on the NPL unless KUC fails to perform the activities as described above. 2. Proceed to withdraw the sites from proposal for inclusion on the NPL after construction of all cleanup prolects is completed. 3. Consider KUC's operational needs in the scheduling of all studies and cleanups. 4. Keep UDEQ informed and timely supply documents to UDEQ for review. 5. Work with UDEQ to avoid duplicate oversight costs. THE UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY AGREES TO: 1. Maintain jurisdiction over the etforts to control discharges from the Bingham Canyon Mine waste rock and other KUC facilities covered by state groundwater permits. {_ 2 2. Participate in the review and guidance of cleanup and study work, as described above, while avoiding to the extent practicable duplicative oversight ctsts. ALL PARTIES, KUC, EPA, and UDEQ, AGREE THAT: This Memorandum of Understanding represents the concepts to be used for future management of the site. All parties reserve all of their legal and administrative rights under federal and state law. Executive Director Department of Environmental Quality State of Utah Dated: o, -, a- 3 SIGNATURES: ATTA.CI{MENT KENNECOTT NORTH AND SOUTH ZONES Operable Units and Status Operable Unit Status OU1 Bingham Creek Phase 1 residential soils completed Phase 2 channel sediments completed, except on RR tracks Phase 3 residential soils in progress, other pRp OU2 SW Jordan Groundwater Ptume, RI/FS in progress OU3 Butterfield Mine Phase 1 waste rock completed Phase 2 downstream soils study in progress OU4 Large Bingham Reservoir Phase 1, first basin ccmpleted Phase 2, second basin near completion OUS ARCO Tails other PRP, cleanup in progress OU6 Lark completed, OU7 S. Jordan Evap. Ponds near completion OU8 WWTP Sludge Ponds cleanup in progress OU9 Magna Soils study completed, no further action OU10 Copperton Soils :Hfl.*rpleted, no further OU1l Bingham Canyon studies in progress, cleanup of uranium facility completed OU12 East Side Collection cleanup in progress OU13 Smelter and Acid Plant ' studies in progress OU14 Refinery studies in progress OU15 Magna Tailings Pond studies in prcgress.. ' OU16 Bingham Creek underflow cleanup in progress MEMORA}IDUM OF UNDERSTANDING Kennecott Utah Copper Corporation Utah Deparfinent of Environmental Quality U. S. Environmental Protection Agency Amendment No. 1 In accordance with a provision of the MEMORANDUM OF LINDERSTA){DING (September 27, 1995) between Kennecott Utah Copper, the U.S. Environmental Protection Agency, and the Utah Department of Environmental Quality, regarding study and cleanup schedules on Kennecott Utah Copper properties, the three undersigned parties have agreed to extend the completion date for Kennecott Utah Copper provision #7, the ecological risk assessment by an additional year. The amended completion date for the ecological risk assessment project is September 26,1997. By signature below, the following individuals represent the authority to execute this amendment. SIGNATURES: , o/r/qe Date Assistant Regional Administrator Ecosystems Protection and Remediation U.S. Environmental Protection Agency, Region VIII *t4k_ Department of Environmental Quality State ofUtahs& I t",/, /ie Bruce Farmer President Kennecott Utah Copper Corporation Max H. Dodson R. Nielson Date E rratto DELIvERF-D